G.R. Nos. 148712-15 – 465 Phil. 477 – 420 SCRA 520 – Criminal Law – Qualifying Circumstance; Treachery – Aggravating Circumstance; Ignominy – Accomplices; Elements At around 6pm on December 28, 1999, in Bauang, La Union, two armed men entered the house of Jessie Barnachea, then 12 years old. Jessie was able […]
Criminal Law
110 posts
G.R. No. L-1674 – 83 Phil. 548 – Criminal Law – Justifying Circumstance – Self-Defense In March 1945, Felix Somera, his two children, and their houseboy were on their way home when they were overtaken by Pablo Somera and Faustino Barnachea. Pablo shouted some invective against Felix and thereafter they […]
G.R. No. 167683 – 551 Phil. 755 – 524 SCRA 320 – Criminal Law – Justifying Circumstances – Self-defense – Burden of Proof In January 1996, in Bauang, La Union, Federico Calica and Romeo Calica approached a group of men fencing their properties. The Calica’s went there to check if […]
G.R. NO. 166326 – 515 Phil. 824 – 480 SCRA 188 – Criminal Law – Book 1 – General Principles – Elements of a Crime – Mens Rea – Criminal Intent – Intent to Kill Victim, Ruben went to a nearby store to buy food. Accused Rivera was in the […]
G.R. No. 152644 – 517 Phil. 408 – 482 SCRA 194 – Criminal Law – Book 1 – General Principles – Mala In Se vs Mala Prohibita Marcopper Mining has been storing mine tailings from its operations. At the base of the pit, there is a drainage that leads to […]
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 […]
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 – 461 Phil. 865 – 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. […]
G.R. No. 123161 – 452 Phil. 261 – 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 […]