G.R. No. 143085 – 469 Phil. 132 – 425 SCRA 178 – Criminal Law – Aggravating Circumstance – Treachery – Evident Premeditation On July 17, 1995, Edgardo Borbon was drunk and he announced he “wanted to kill.” He then held the wrist of a certain Jaime Tabilangan. Upon hearing this, […]
Jurisprudence
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G.R. No. 138541 – 451 Phil. 856 – 403 SCRA 713 – Criminal Law – Book 1 – Aggravating Circumstances – When Treachery is Not Present On January 2, 1994, at around 1:45 pm in the morning, Leonardo Mallari and a certain Eduardo Colonia had a heated argument. In the […]
G.R. No. 150590 – 456 Phil. 719 – 409 SCRA 428 – Criminal Law – Book 1 – Aggravating Circumstance – Treachery – Hitting Behind the Back – Killing After an Altercation On July 3, 1997, Ruel Barela, a manager at a construction company confronted security guard Willie Almedilla while […]
G.R. Nos. 143760-63 – 452 Phil. 719 – 404 SCRA 580 – Criminal Law – Book 1 – Aggravating Circumstance – Relationship Romeo Manluctao was indicted four times for the rape of his own daughter, Marcelina Manluctao. He was positively identified by his daughter who was then a minor. Also […]
G.R. No. 149368 – 471 Phil. 497 – 427 SCRA 528 – Criminal Law – Book 1 – Aggravating Circumstances – Recidivism – Aggravating Circumstance/s must be alleged in the Information One drizzly night, Rosemarie Tallada was seen standing near a bridge waiting for someone. Later Francisco Dacillo, called her to […]
G.R. No. 108381 – 384 Phil. 1 – 327 SCRA 269 – Criminal Law – Book I – Aggravating Circumstances – Taking Advantage of Public Position On June 20, 1988, around 11:30 pm in Basco, Batanes, Amadeo Acaya arrived in a baptismal party. As he was drunk, he flaunted that […]
G.R. No. 132323 – 391 Phil. 196 – 336 SCRA 319 – Criminal Law – Book 2 – Crimes Against Property – Elements of Estafa Earnst Georg Holzer was accused of Estafa. Holzer borrowed P100k from Bernhard Forster. As security, he then issued a postdated check. Holzer informed Forster not […]
G.R. No. 140513 – 461 Phil. 471 – 416 SCRA 24 – Criminal Law – Book 1 – Aggravating Circumstances – Evident Premeditation On December 25, 1996, Alfredo Timgas joined a cockfight. He let his brother-in-law Bienvenido de la Cruz install the gaff on his game cock. Unknown to Timgas, […]
G.R. No. 145993 – 452 Phil. 210, 101 OG No. 20 – 404 SCRA 170 – Criminal Law – Book 1 – Aggravating Circumstances – Qualifying Circumstances; Use of Motor Vehicle On July 7, 1996 at 4pm, Joseph Galang admonished Rufino Mallari for driving so fast in front of the […]
G.R. No. 140762 – 457 Phil. 566 – Criminal Law – Book 1 – Aggravating Circumstances – Abuse of Superior Strength On March 8, 1996, Roger Roxas,a policeman was looking for something. He then confronted a certain Lorna Puno, thereafter, from the outside of Lorna’s house, Roxas ran after her until […]
G.R. Nos. 120493-94/117692 – 377 Phil. 567 – 319 SCRA 539 – Criminal Law – Book I – Aggravating Circumstances – Abuse of Superior Strength On October 28, 1989, Julio Ocumen had a heated argument with Alex Espanto and Juanito Bibat during a wedding celebration. Ocumen went berserk and ran […]
G.R. No. 157984 – 478 Phil. 48 – 434 SCRA 38 – Criminal Law – Aggravating Circumstances – Cruelty – Number of Stab Wounds On February 10, 1980 at about 8pm, Moises Simangan and four other men wearing fatigues knocked on the door of the store owned by Ernesto Flores […]
G.R. No. 115215 – 373 Phil. 283 – 314 SCRA 505 – Criminal Law – Book I – Aggravating Circumstance – Use of Motor Vehicle On August 8, 1993, Elizalde Faco was tasked to fetch Lenny Gatalan, a cashier in a bakery. But Faco has other plans that day. Instead […]
G.R. No. 140420 – 404 Phil. 586 – 351 SCRA 73 – Civil Law – Article 19 – Abuse of Rights – Damnum Absque Injuria In 1965, Atty. Sergio Amonoy represented Alfonso Fornilda (also spelled Formida) in a partition case. Since Fornilda had no money to pay, he agreed to […]
G.R. No. 9331 – 101 Phil. 947 – 54 O.G. 1831 – Civil Law – Torts and Damages – Employer Liable for Damages Caused by Employee Although not Engaged in Business or Industry In December 1953, Segundino Estanda was driving the Studebaker Sedan car owned by Conrado Echarri when he […]
G.R. No. L-10073-75 – 33 Phil. 11 – Civil Law – Torts and Damages – Liability of Employers In January 1913, Butaro Yamada et al hired a taxi owned and operated by Bachrach Garage & Taxicab Co. so that they may travel to Cavite Viejo. The trip was safe going […]