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 […]
Special Penal Laws
31 posts
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). […]
G.R. No. 163267 – 634 Phil. 207 – 620 SCRA 134 – Criminal Law – Special Penal Laws – Illegal Possession of Firearms – Constructive Possession In January 1996, Teofilo Evangelista while in Dubai, UAE, was accosted by the Dubai Police for possession of one pistol, one submachine gun, and […]
Notice of dishonor must be in writing; verbal notice is not sufficient If notice was sent via registered mail, the affidavit of the mailer must be submitted in court Or, in the alternative, the mailer must testify in court Conviction may still be had even if the issuer of the […]
154 SCRA 161 – Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Checks issued as guarantee In 1986, Victor Que was convicted of violating Batas Pambansa Blg. 22. He appealed all the way to the Supreme Court. In his defense, he argued that he issued the […]
Sending of a demand letter is not a condition precedent in prosecuting BP 22 cases But Notice of Dishonor is indispensable Notice of Dishonor may be through telephone G.R. No. 140425 – 493 Phil. 280 – 453 SCRA 109 – Criminal Law – Special Penal Laws – Anti-Bouncing Checks Law […]
G.R. No. 187229 – 682 Phil. 608 – 666 SCRA 645 – Criminal Law – Crimes Against Persons – Rape; Qualified Rape Crimes Against Public Order – P.D. 1866 – Illegal Possession of Firearms One evening in April 2003, AAA boarded the passenger van of Arnel Sison. AAA was on her […]
G.R. No. 117857 – 351 SCRA 100 – Mercantile Law – Negotiable Instruments Law – Batas Pambansa 22 – Knowledge of Insufficiency Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Elements – Notice of Dishonor – Presumption of Knowledge of Insufficiency Luis Wong is a collector […]
G.R. No. 119178 – 274 SCRA 572 – Mercantile Law – Negotiable Instruments Law – Notice of Dishonor – Bouncing Checks Law – Corporate Checks Signed By Employee Criminal Law – Special Penal Laws – Anti-Bouncing Checks Law – Defenses; Lack of Knowledge of Insufficiency of Funds in Corporate Account Father […]
G. R. No. 137191 – 392 SCRA 61 – Mercantile Law – Negotiable Instruments Law – Notice of Dishonor – Bouncing Checks Law – Knowledge of Insufficiency of Funds Ben Rico is a contractor who purchases construction materials from Ever Lucky Commercial. Through the course of his business with Ever […]
G.R. No. 105461 – 227 SCRA 723 – Mercantile Law – Negotiable Instruments Law – Purpose of BP 22 Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Elements; Damage is not an element of violations of BP 22 Marlyn Lazaro, a businesswoman, was paid by Rudy […]
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. 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 […]