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 […]
Criminal Procedure
42 posts
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 – 878 Phil. 628 – Remedial Law – Criminal Procedure – Rule 114; Bail – Release of Prisoners on Humanitarian Consideration; Covid-19 Pandemic – Nelson Mandela Rules Dionisio Almonte and his co-petitioners were alleged members of the New People’s Army (NPA) who were arrested for committing multiple […]
G.R. No. 218575 – 819 Phil. 467 – 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 […]
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 – 444 Phil. 571 – 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 […]
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 – 889 Phil. 915 – 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 […]
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. 226679 – 816 Phil. 789 – 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) […]
G.R. No. 148000 – 446 Phil. 496 – 398 SCRA 373 – Remedial Law – Criminal Procedure – Presence of private offended party during pre-trial is not required In February 2000, a criminal case for Falsification of Official Public Documents was filed against Mario Austria. The prosecutor listed 11 witnesses against […]
G.R. No. 183975 – 645 Phil. 218 – 630 SCRA 659 – Remedial Law – Criminal Procedure – Appellant’s Brief; Failure to File – Abandonment of Appeal Legal Ethics – Legal Profession – Negligence of Counsel Binds Client In 2006, Gregorio Dimarucot was convicted of frustrated homicide. Dimarucot, through counsel […]
G.R. No. 102942 – 338 Phil. 105 – 271 SCRA 391 – Remedial Law – Criminal Procedure – Answer with Counterclaim in Criminal Case Not Allowed In 1991, Amado Cabaero and one other was sued for estafa by Epifanio Ceralde. After Cabaero was arraigned, he filed an Answer with Counterclaim […]