G.R. No. 161455 – 577 Phil. 27 – 554 SCRA 136 – Criminal Law – Book 2 – Crimes Against Public Interest – Article 171; Falsification By Public Officer – Sandiganbayan Jurisdiction In 1996, Elmer Abastillas sent a letter to Ozamis City Mayor Benjamin Fuentes asking the latter to donate […]
Criminal Law
105 posts
G.R. No. L-2971 – 88 Phil. 494 – Political Law – Law on Public Officers – “Public Officer” and “Public Employee” the same for Purposes of the Penal Code Criminal Law – Book II – Crimes Committed By Public Officers – Direct Bribery – “Public Officer” and “Public Employee” the […]
G.R. No. L-15742 – 110 Phil. 1010 – Legal Ethics – Libelous Language Criminal Law – Crimes Against Honor – Libel – Pleadings in court are privileged communication Atty. Miguel Tolentino and Atty. Cirilo Baylosis were opposing counsels in a civil case. It appears that Tolentino’s clients died and he […]
G.R. No. L-62449 – 130 SCRA 465 – Legal Ethics – Libelous Conduct – Duty of Lawyers to Fellow Lawyers Criminal Law – Book II – Crimes Against Honor – Libel – Court pleadings are exempt from libel; Privileged Communication Atty. Raul Sesbreno and Atty. Ramon Ceniza were opposing counsels […]
G.R. No. 5840 – 7 Phil. 504 – Civil Law – Partnership – Co-Partner’s Liability – Misappropriation of Partnership Funds – Losses Criminal Law – Book II – Crimes Against Property – Estafa – Misappropriation Sometime before 1910, Pedro Larin formed a partnership with Pedro Tarug, Eusebio Clarin and Carlos […]
G.R. No. 117857 – 351 SCRA 100 – Mercantile Law – Negotiable Instruments Law – Batas Pambansa 22 – Knowledge of Insufficiency Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Elements – Notice of Dishonor – Presumption of Knowledge of Insufficiency Luis Wong is a collector […]
G.R. No. 119178 – 274 SCRA 572 – Mercantile Law – Negotiable Instruments Law – Notice of Dishonor – Bouncing Checks Law – Corporate Checks Signed By Employee Criminal Law – Special Penal Laws – Anti-Bouncing Checks Law – Defenses; Lack of Knowledge of Insufficiency of Funds in Corporate Account Father […]
G. R. No. 137191 – 392 SCRA 61 – Mercantile Law – Negotiable Instruments Law – Notice of Dishonor – Bouncing Checks Law – Knowledge of Insufficiency of Funds Ben Rico is a contractor who purchases construction materials from Ever Lucky Commercial. Through the course of his business with Ever […]
G.R. No. 105461 – 227 SCRA 723 – Mercantile Law – Negotiable Instruments Law – Purpose of BP 22 Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Elements; Damage is not an element of violations of BP 22 Marlyn Lazaro, a businesswoman, was paid by Rudy […]
G.R. Nos. 135779-81 – 416 SCRA 341 – Criminal Law – Book 1 – Aggravating Circumstances – Treachery Absorbs other Selected Circumstances At around 8pm on March 9, 1992, Luciano de Guzman and two others (Efren Reyes and Bernard Bustamante) entered the house of the Calamnos. The Calamnos (Presente, Bernardo, and […]
G.R. No. 123161 – 404 SCRA 211 – Criminal Law – Book 1 – Aggravating Circumstances – Band – Cruelty On March 3, 1994, Aleli Guiroy went to open their bakery and grocery store. She could not open the door so she asked for the help of her uncle. A certain Warlito […]
G.R. NO. 143085 – 425 SCRA 178 – Criminal Law – Aggravating Circumstance – Treachery – Evident Premeditation On July 17, 1995, Edgardo Borbon was drunk and he announced he “wanted to kill”. He then held the wrist of a certain Jaime Tabilangan. Upon hearing this, Jaime got scared and he […]
G.R. No. 138541 – 403 SCRA 713 – Criminal Law – Book 1 – Aggravating Circumstances – When Treachery is Not Present On January 2, 1994, at around 1:45 pm in the morning, Leonardo Mallari and a certain Eduardo Colonia had a heated argument. In the course of the quarrel, Mallari […]
G.R. No. 150590 – 409 SCRA 428 – Criminal Law – Book 1 – Aggravating Circumstance – Treachery – Hitting Behind the Back – Killing After an Altercation On July 3, 1997, Ruel Barela, a manager at a construction company confronted security guard Willie Almedilla while the latter was eating. Barela […]
G.R. Nos. 143760-63 – 404 SCRA 580 – Criminal Law – Book 1 – Aggravating Circumstance – Relationship Romeo Manluctao was indicted four times for the rape of his own daughter, Marcelina Manluctao. He was positively identified by his daughter who was then a minor. Also the minor child gave birth to a […]
G.R. No. 149368 – 427 SCRA 528 – Criminal Law – Book 1 – Aggravating Circumstances – Recidivism – Aggravating Circumstance/s must be alleged in the Information One drizzly night, Rosemarie Tallada was seen standing near a bridge waiting for someone. Later Francisco Dacillo, called her to his house. Then the people in the […]