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 […]
Special Penal Laws
33 posts
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. […]
G.R. No. 260021 – Criminal Law – Special Penal Laws – Anti-Child Abuse Law – Corporal Punishment in School Melany Garin was a school teacher who, one day, ordered her pupils to place in their mouths pieces of trash, consisting of scraps of paper, pencil shavings, dirt, and candy wrappers […]
G.R. No. 231989 – 839 Phil. 598 – Criminal Law – Special Penal Laws – R.A. 9165 – Anti-Dangerous Drugs Act – Section 21 – Chain of Custody Romy Lim was subjected to a buy-bust operation. He was convicted by the trial court and his conviction was affirmed by the […]
G.R. No. 235658 – 874 Phil. 881 – Criminal Law – Special Penal Laws – R.A. 9165 – Section 21 – Chain of Custody In April 2008, Raul Del Rosario was subjected to a buy bust operation. He was subsequently charged with violations of Sections 5 and 11 of R.A. […]
G.R. No. 224946 – 913 Phil. 731 – Criminal Law – Book II – Special Penal Laws – Anti-Violence Against Women and their Children Act – Section 5(i) – Economic Abuse must be Deliberate Christian Acharon was an Overseas Filipino Worker. His wife sued him for economic abuse (violation of […]