G.R. No. 108028 – 328 Phil. 1123 – 260 SCRA 36 – 93 OG No. 36 – Remedial Law – Criminal Procedure – Rule 118; Pre-Trial; Stipulations – Trial; Stipulations Evidence – Admissions; Judicial Admissions – Admissions by Counsel – Admissions of Fact Cristina Hernandez was convicted of large scale […]
Criminal Procedure
22 posts
G.R. No. 240056 – Remedial Law – Criminal Procedure – Prosecution of Crimes – Motion to Quash – Being an indigenous people is not a ground to quash information Criminal Law – Book 1 – General Principles – Characteristics of Penal Laws – Territoriality Datu Malingin, also known as Lemuel […]
G.R. No. 152997 – 484 Phil. 563 – Criminal Law – Book II – Crimes Against Personal Liberty – Trespass to Dwelling – Lack of Criminal Intent Remedial Law – Criminal Procedure – Rule 110 – Information – Designation of the Offense – When time is not an element of […]
G.R. No. 244255 – Criminal Law – Book I – Aggravating Circumstances – Qualifying Circumstances; Relationship; In Rape, Correct Filial Relationship Must Be Alleged Remedial Law – Criminal Procedure – Rule 110 – Designation of the Offense – Qualifying Circumstances Must be Sufficiently Alleged In 2009, XYZ was indicted for […]
G.R. No. 196342 – G.R. No. 196848 – Criminal Law – Book II – Rape by Sexual Intercourse – Rape by Sexual Assault – Rape by Sexual Assault is not Necessarily Included in Rape by Sexual Intercourse – Variance Doctrine Remedial Law – Criminal Procedure – Rule 120 – Variance […]
G.R. No. 246579 – Remedial Law – Criminal Procedure – Rule 113; Arrest – Valid Warrantless Arrest; Hot Pursuit – Personal Knowledge May Be Obtained by Viewing a Security Footage Ramon Solomon robbed a grocery store and the incident was caught by a closed circuit TV camera (CCTV). The grocery […]
G.R. No. 252117 – Remedial Law – Criminal Procedure – Rule 114; Bail – Release of Prisoners on Humanitarian Consideration; Covid-19 Pandemic Dionisio Almonte and his co-petitioners were alleged members of the New People’s Army (NPA) who were arrested for committing multiple murders. When the COVID-19 pandemic struck, they petitioned […]
G.R. No. 218575 – 842 SCRA 165 – Remedial Law – Criminal Procedure – Rule 110 – Information – Designation of Offenses – Variance Doctrine – Acts of Lasciviousness; Sec. 5b of R.A. 7610 In 2006, Francisco Ursua was alleged to have raped his 14 year old daughter (AAA) three […]
G.R. No. L-18202 – 10 SCRA 753 – Remedial Law – Criminal Procedure – Rule 110 – Prosecution of Offenses – Information for Acts of Lasciviousness Must Allege “Lewd Design” Sometime in the late 1950s, Percival Gilo was indicted for the crime of Acts of Lasciviousness. Trial proceeded but after […]
G.R. No. 149199 – 396 SCRA 506 – Remedial Law – Criminal Procedure – Rule 120 – Variance Doctrine – Lesser Offense Necessarily Included in the Charge In November 1998, Nemesio Bon was indicted for allegedly raping a minor child in 1997 in Caloocan City. During trial however, the minor […]
G.R. No. 247575 – Remedial Law – Criminal Procedure – Rule 116 – Plea Bargaining – Judgment on a lesser plea without the consent of the prosecution is void Edwin Reafor was charged of violating Section 5 of R.A. No. 9165 (selling of illegal drugs). He proposed to plead guilty […]
G.R. No. L-12629 – 106 Phil. 677 – Political Law – Constitutional Law – Bill of Rights – Right Against Double Jeopardy – Court of Competent Jurisdiction Remedial Law – Criminal Procedure – Rule 117 – Motion to Quash – Double Jeopardy – When it does not attach In 1956, […]
G.R. No. 188794 – 768 Phil. 272 – 788 SCRA 670 – Political Law – Constitutional Law – Bill of Rights – Right Against Unreasonable Searches and Seizures – Invalid Search Warrant – Proof of Personal Examination by the Judge Remedial Law – Criminal Procedure – Rule 126 – Motion […]
G.R. No. 105813 – 236 SCRA 398 – Remedial Law – Criminal Procedure – Offer of Testimony Evidence – Testimonial Evidence – Offer of Testimony Concepcion Catuira was being tried for two counts of estafa. After the prosecution rested its case, Catuira filed a demurrer to evidence on the ground […]
G.R. No. 216824 – Remedial Law – Criminal Procedure – Rule 117 – Filing of the Information – The signature of the city, provincial, or chief state prosecutor in the Information is not a jurisdictional requirement Political Law – Separation of Powers – Substantive Law vs Procedural Law Gina Gomez […]
G.R. No. 226679 – Remedial Law – Criminal Procedure – Plea Bargaining in Drugs Cases Political Law – Constitutional Law – Judicial Power – Rule Making Power is vested in the Judiciary Salvador Estipona, Jr. was indicted for violating Section 11 (illegal possession of illegal drugs) of Republic Act No. […]