G.R. No. 108381 – 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 he is one of Honasan’s […]
Criminal Law
105 posts
G.R. No. 132323 – 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 to deposit the check yet […]
G.R. No. 140513 – 461 Phil. 471 – 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, de la Cruz betted against […]
G.R. No. 145993 – 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 Galang’s house. Mallari got irked and challenged Galang into […]
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 – 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 after the two. Incidentally, […]
G.R. No. 157984 – 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 and Sofronia Saquing. The […]
G.R. No. 115215 – 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 of only fetching Gatalan, […]
G.R. No. 150194 – 517 SCRA 488 – Political Law – Municipal Corporation – Police Power of LGUs Criminal Law – Special Penal Laws – Graft and Corrupt Practices – Elements of Violation of Section 3(e), R.A. No. 3019; Bad Faith In 1988, Roberto Tayaban was the mayor of Tinoc, […]
G.R. No. 140872 – 404 SCRA 550 (452 Phil. 678) – Criminal Law – Book I – Aggravating Circumstances – Disrespect on account of Offended Party’s Sex Qualifying Circumstances – Treachery Alternative Circumstances – Intoxication One afternoon in August 1996, in Katipunan, Zamboanga del Norte, Pablito Inggo bought a bottle […]
G.R. NO. 170566 – 484 SCRA 76 – Criminal Law – Book I – Aggravating Circumstances; Must be alleged in the Information Civil Law – Torts and Damages – Exemplary Damages; When awarded in criminal cases Remedial Law – Criminal Procedure – Aggravating Circumstances; Must be alleged in the Information […]
G.R. No. 133382 – 327 SCRA 695 – Criminal Law – Book I – Qualifying Circumstances cannot offset Mitigating Circumstances On July 14, 1993 about 7:30 pm in the Municipality of Vinzons, Camarines Norte, Efren Mendoza hacked Anchito Nano with a bolo which immediately killed the latter. Later, Mendoza voluntarily […]
G.R. No. 126021 – 383 Phil. 988 – Criminal Law – Book I – Aggravating Circumstances – Ignominy – Principal by Inducement Remedial Law – Criminal Procedure – Information; All aggravating circumstances must be alleged Political Law – Constitutional Law – Bill of Rights – Right to be informed of […]
G.R. No. 127568 – 323 SCRA 734 – Criminal Law – Book I – Aggravating Circumstances – Must be alleged in the Information Political Law – Constitutional Law – Bill of Rights – Rights of the Accused – Right to be informed of the nature and cause of accusation against […]
G.R. No. 121087 – 372 Phil. 21 – 313 SCRA 153 – Criminal Law – Book I – Aggravating Circumstances – Crime Committed in Places where Official duties are discharged Remedial Law – Evidence – Exclusionary Rule – RA 4200 – No wire tapping if communication is not private In […]
G.R No. 169077 – 500 SCRA 659 (532 Phil. 368) – Criminal Law – Book 1 – Aggravating Circumstances – Dwelling Civil Law – Torts and Damages – Exemplary Damages; When awarded in criminal cases In July 1997, Nicanor Salome entered the house where 13-year old Sally Idanan was sleeping. […]