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 […]
Criminal Procedure
43 posts
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 DoctrineRemedial Law – Criminal Procedure – Rule 120 – Variance Doctrine […]
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 […]