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 […]
Criminal Law
113 posts
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 […]
G.R. No. 143085 – 469 Phil. 132 – 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, […]
G.R. No. 138541 – 451 Phil. 856 – 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 […]
G.R. No. 150590 – 456 Phil. 719 – 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 […]
G.R. Nos. 143760-63 – 452 Phil. 719 – 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 […]
G.R. No. 149368 – 471 Phil. 497 – 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 […]
G.R. No. 108381 – 384 Phil. 1 – 327 SCRA 269 – Criminal Law – Book I – Aggravating Circumstances – Taking Advantage of Public Position On June 20, 1988, around 11:30 pm in Basco, Batanes, Amadeo Acaya arrived in a baptismal party. As he was drunk, he flaunted that […]
G.R. No. 132323 – 391 Phil. 196 – 336 SCRA 319 – Criminal Law – Book 2 – Crimes Against Property – Elements of Estafa Earnst Georg Holzer was accused of Estafa. Holzer borrowed P100k from Bernhard Forster. As security, he then issued a postdated check. Holzer informed Forster not […]
G.R. No. 140513 – 461 Phil. 471 – 416 SCRA 24 – Criminal Law – Book 1 – Aggravating Circumstances – Evident Premeditation On December 25, 1996, Alfredo Timgas joined a cockfight. He let his brother-in-law Bienvenido de la Cruz install the gaff on his game cock. Unknown to Timgas, […]
G.R. No. 145993 – 452 Phil. 210, 101 OG No. 20 – 404 SCRA 170 – Criminal Law – Book 1 – Aggravating Circumstances – Qualifying Circumstances; Use of Motor Vehicle On July 7, 1996 at 4pm, Joseph Galang admonished Rufino Mallari for driving so fast in front of the […]
G.R. No. 140762 – 457 Phil. 566 – Criminal Law – Book 1 – Aggravating Circumstances – Abuse of Superior Strength On March 8, 1996, Roger Roxas,a policeman was looking for something. He then confronted a certain Lorna Puno, thereafter, from the outside of Lorna’s house, Roxas ran after her until […]
G.R. Nos. 120493-94/117692 – 377 Phil. 567 – 319 SCRA 539 – Criminal Law – Book I – Aggravating Circumstances – Abuse of Superior Strength On October 28, 1989, Julio Ocumen had a heated argument with Alex Espanto and Juanito Bibat during a wedding celebration. Ocumen went berserk and ran […]
G.R. No. 157984 – 478 Phil. 48 – 434 SCRA 38 – Criminal Law – Aggravating Circumstances – Cruelty – Number of Stab Wounds On February 10, 1980 at about 8pm, Moises Simangan and four other men wearing fatigues knocked on the door of the store owned by Ernesto Flores […]
G.R. No. 115215 – 373 Phil. 283 – 314 SCRA 505 – Criminal Law – Book I – Aggravating Circumstance – Use of Motor Vehicle On August 8, 1993, Elizalde Faco was tasked to fetch Lenny Gatalan, a cashier in a bakery. But Faco has other plans that day. Instead […]