G.R. No. 236628 – 933 Phil. 889 – Criminal Law – Special Penal Laws – R.A. No. 7610; Anti-Child Abuse Law – Section 10a – Specific Criminal Intent In March 2014, police officer Marvin San Juan scolded several children who were loitering at a basketball court. San Juan made a […]
Special Penal Laws
37 posts
G.R. No. 246017 – 890 Phil. 1159 – Criminal Law – Special Penal Laws – R.A. No. 7610; Anti-Child Abuse Law – Section 10(a) – Specific Criminal Intent to Debase In February 2014, Maria Consuelo Malcampo-Repollo, a teacher, pinched and slapped her minor student AAA. Her actions caused extreme fear […]
G.R. No. 231619 – 914 Phil. 664 – Criminal Law – Special Penal Laws – VAWC; Permanent Protection Order Remedial Law – Special Proceedings – Permanent Protection Order; RA 9262 – Effect of Nullity of Marriage; Provision on Support may not be fully enforced if marriage is subsequently voided AAA […]
G.R. No. 228980 – Criminal Law – Special Penal Laws – R.A. No. 7610; Anti-Child Abuse Law – Positive Testimony of Victim Sufficient to Convict In November 2010, AAA, a 15-year old girl, filed a criminal case against Marvin Villanueva. AAA alleged that when she and BBB were walking up […]
G.R. No. L-54171 – 188 Phil. 497 – 100 SCRA 467 – Criminal Law – Crimes Against Property; Special Penal Laws – Carnapping – Elements; Intent to Gain Mercantile Law – Law on Insurance – Liability of Auto Insurer in Carnapping – Taking a car for a joy ride is […]
G.R. No. 148233 – 475 Phil. 190 – 431 SCRA 284 – Criminal Law – Book II – Crimes Against Property; Special Penal Laws – Carnapping – Elements; Intent to Gain Luisito Bustinera was a taxi driver for ESC Transport. His duty starts at 6:00am and ends at 11:00pm. On […]
G.R. No. 221457 – 868 Phil. 374 – Criminal Law – Special Penal Law – RA 9165 – Chain of Custody Legal Ethics – Duty to use culturally-sensitive language Gilbert Sebilleno was convicted of selling and possessing illegal drugs. He appealed his conviction before the CA as he questioned the […]
G.R. No. 242133 – Criminal Law – Special Penal Laws – VAWC is applicable in lesbian relationships Roselyn Agacid and Maria Alexandria Bisquera were in a lesbian relationship until they rheir break-up in 2014. After their break-up, they met for purposes of Maria returning to Roselyn the things the latter […]
G.R. No. 250627 – Criminal Law – Special Penal Laws – RA 9262 – VAWC applies to women in lesbian relationships Sandra Jane Jacinto and Maria Eloisa Fouts were lesbian live-in partners for sixteen years or until their break-up in 2017. After their break-up, Jacinto physically assaulted Fouts which resulted […]
G.R. No. 254005 – Criminal Law – Special Penal Laws – R.A. No. 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act – There is no crime of grave oral defamation in relation to Section 10(a) of R.A. 7610 – intent to debase, degrade or demean the […]
G.R. No. 238798 – Criminal Law – Special Penal Laws – Juvenile Justice Act – Discernment Criminal Law – Book 1 – Mitigating Circumstances – Minority Remedial Law – Criminal Procedure – Information – When offender is a CICL Remedial Law – Evidence – Hearsay Rule – Exceptions; Res Gestae […]
G.R. No. 187175 – Criminal Law – Special Penal Laws – R.A. No. 9262; VAWC Law – The Anti-Violence against Women and their Children Act is Constitutional Political Law – Constitutional Law – The Judiciary; Judicial Power – Judicial Review – Power to Declare Statutes Unconstitutional; When Proper – Constitutionality […]
NOTE: You are encouraged to read the full text of this case. This case comprehensively discussed Article 266-A of the RPC and Section 5b, RA 7610. G.R. No. 227363 – 849 Phil. 197 – Criminal Law – Crimes Against Persons – Rape vs Sexual Assault – Damages in Rape Cases […]
G.R. No. 239215 – Criminal Law – Special Penal Laws – Anti-Violence Against Women and their Children Act – Women may be offenders in VAWC cases Randy Michael Knutson, on behalf of his minor daughter Rhuby Knutson, filed a Petition for Permanent Protection Order against his estranged wife (mother of […]
G.R. No. 182941 – 609 Phil. 446 – 591 SCRA 666 – Criminal Law – Special Penal Laws – RA 9344; Juvenile Justice Act – Determination of Age Book I – Exempting Circumstances – Minority – Meaning of “15 years old or below” In 2006, Robert Sierra was convicted for […]
G.R. No. 250927 – Criminal Law – Special Penal Laws – R.A. 9165; Dangerous Drugs Act – Section 21; Presence of Insulating Witnesses; Mandatory but they need not witness actual buy-bustMarking of drug evidence must be done immediately after seizureIn June 2015, Mario Nisperos was arrested in a buy-bust operation. […]