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 […]
Special Penal Laws
26 posts
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 – 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 her for economic abuse (violation of Section 5(i) of R.A. […]
G.R. No. 228255 – 853 Phil. 267 – Criminal Law – Special Penal Laws – Ant-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses – Chain of Custody In July 2014, Mary Jane Cadiente was allegedly subjected to a buy-bust operation in Makati. After the alleged buy-bust operation, […]
G.R. No. 242947 – 857 Phil. 250 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses – Chain of Custody In June 2013, Mario Manabat was subjected to a buy bust operation in Dipolog City. After an alleged successful buy-bust, […]
G.R. No. 219852 – 851 Phil. 64 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses In February 2009, members of the Muntinlupa Police Station conducted a buy-bust operation against Dave Claudel. After the alleged sale of illegal drugs was […]
G.R. No. 193225 – 753 Phil. 382 – Criminal Law – Special Penal Laws – R.A. 9262 – Violations not subject to compromise agreement – Permanent Protection Order; Only the court may revoke the same In 2007, a Permanent Protection Order (PPO) was issued against BBB upon a petition filed […]
G.R. No. 212196 – 750 Phil. 212 – 745 SCRA 221 – Political Law – Constitutional Law – Bill of Rights – Presumption of Innocence is Stronger than Presumption of Regularity in the Performance of Official FunctionsCriminal Law – Special Penal Laws – Republic Act 9165: Dangerous Drugs Act – […]
G.R. No. 193661 – 716 Phil. 408 – 703 SCRA 597 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Confidential Informant Remedial Law – Evidence – Testimonial Evidence – Presentation of Confidential Informant Ryan Blanco was convicted for violations of the Dangerous Drugs Act (R.A. 9165). […]