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 […]
Criminal Law
110 posts
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 – 380 Phil. 698 – 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 […]
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 […]
G.R. No. 127840 – 377 Phil. 445 – 319 SCRA 422 – Criminal Law – Book I – Aggravating Circumstances – Dwelling, Abuse of Strength, Disregard of Victim’s Sex Remedial Law – Evidence – Testimonies of Children On June 11, 1995, Roland Paraiso and a John Doe entered the […]
G.R. Nos. 138874-75 – 421 SCRA 530 – 466 Phil. 324 (2004); 463 SCRA 652 – 516 Phil. 524 (2006) – Criminal Law – Book I – Mitigating Circumstances – Minority; Proof In July 2005, the Supreme Court affirmed the conviction of Francisco Larrañaga and others, including one James Andrew […]
G.R. No. 131925 – 384 Phil. 361 – 327 SCRA 623 – Criminal Law – Book I – Mitigating Circumstances – Incomplete Self-Defense On 26 February 1994, Dario Villoceno and Ramil Sabturani had a fight and they were grappling for the possession of a steel pipe. Dario Cual came to […]
G.R. No. 123298 – 462 Phil. 172 – 416 SCRA 491 – Criminal Law – Book I – Mitigating Circumstances – Minority as a Defense – No Certificate of Birth Calpito was convicted of murder by the regional trial court. On November 21, 1990, Calpito robbed and killed a […]
G.R. No. 137567 – 389 Phil. 447 – 334 SCRA 106 – Civil Law – Persons and Family Relations – Family Code – Marriage – Article 40 Criminal Law – Book II – Crimes Against Chastity – Concubinage – Void Marriage Not a Defense In 1973, Meynardo Beltran and Charmaine […]
G.R. No. 79269 – 198 SCRA 130 – Criminal Law – Habeas Corpus – Right to Bail – Rebellion Rodolfo Salas aka NPA’s “Ka Bilog” was arrested and was charged for rebellion. He was charged together with the spouses Concepcion. Salas, together with his co-accused later filed a petition […]
G.R. No. 150758 – 423 SCRA 272 (467 Phil. 723) – Civil Law – Family Code – Bigamy – Exists even if one marriage is declared void Veronico Tenebro contracted marriage with Leticia Ancajas in 1990. The two lived together continuously and without interruption until the later part of 1991, […]
G.R. No. 92163 – 264 Phil. 593 – 186 SCRA 217 – Political Law – Separation of Powers – SC Cannot Change LawStatutory Construction – The Court Can Only Interpret LawsCriminal Law – Complex Crimes – Compound Crimes – Rebellion Absorbs Common CrimesRemedial Law – Criminal Procedure – Bail; When […]
G.R. No. L-24170 – 135 Phil. 372 – 26 SCRA 382 – Civil Law – Preliminary Title – Territoriality of Philippine Laws Criminal Law – Characteristics of Penal Laws – Territoriality In 1950, customs officers intercepted 5 ships owned by Illuh Asaali et al. Said ships were found to be […]