G.R. No. 270934 – Criminal Law – Book I – Conspiracy – May be proven by circumstantial evidence Minors AAA, BBB, and CCC filed a complaint against Joemarie Ubanon and Amirah Macadatar alleging that: In April 2014, they were watching a boxing match when Joemarie Ubanon approached them. Joemarie offered […]
revised penal code
17 posts
G.R. No. 258524 – Criminal Law – Book 2 – Crimes Against Honor – Libel – Cyber Libel – Prescriptive Period – Date of Publication vs Date of Discovery On 10 May 2021, two Informations for Cyber Libel were filed against Berteni Causing. The Informations alleged that Causing posted libelous […]
Yes. Aside from administrative liabilities, a lawyer may be jailed if he or she represents conflicting interests. Under Article 209 of the Revised Penal Code, as amended by R.A. No. 10951, a lawyer “who, having undertaken the defense of a client or having received confidential information from said client in […]
G.R. No. 147270 – 415 Phil. 506 – 363 SCRA 275 – Criminal Law – Book 1 – Article 70 of the Revised Penal Code – Service of Sentence – Successive ServicePete Lagran was convicted of three counts of violation of the Anti-Bouncing Checks Law. He was sentenced to suffer […]
At first glance, the two designations look the same and seem interchangeable. But the Supreme Court in People vs. Tulagan (G.R. No. 227363, 12 March 2019) clarified the distinctions between the two. In “Lascivious conduct under Sec. 5b of R.A. No. 7610”, the offended party is a minor 12 to […]
G.R. No. 161032 – 587 Phil. 64; 565 SCRA 132 – Criminal Law – Book II; Revised Penal Code – Crimes Against Honor – Libel – Doctrine of Qualified Privileged Communication From May to June 1999, Erwin Tulfo published articles in his column in the tabloid REMATE where he accused […]
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. 191913 – 685 Phil. 223 – 668 SCRA 846 – Criminal Law – Justifying Circumstances – Self-Defense – Unlawful Aggression; When Victim is a Trained Police Officer One evening in February 2003, Police Officer Lolito Nacnac had an argument with Police Officer Doddie Espejo within the premises of […]
G.R. Nos. L-9805-06 – 100 Phil. 1069 – Criminal Law – Crimes Against the Fundamental Law of the State – Article 125 – Delay in the Delivery of Detained Persons to the Proper Judicial Authorities – 12-18-36 Rule On 20 May 1955, Dionisio Mabong was arrested without warrant for stabbing […]
G.R. No. L-9598 – 99 Phil. 725 – Criminal Law – Prescription of Offenses – Article 90 – Prescription of Light Offenses Statutory Construction – Intention of the Legislature – Spirit of the Law On 26 June 1954, a certain Yu Hai was caught engaging in illegal gambling operation then […]
G.R. No. 151978 – 478 Phil. 606 – 434 SCRA 467 – Criminal Law – Mitigating Circumstances – Article 64, Revised Penal Code – Presence of two mitigating circumstances; no aggravating circumstances – Combining the mitigating circumstances in paragraphs 4, 5, and 6 of Article 13 of the Revised Penal […]
G.R. No. 161455 – 577 Phil. 27 – 554 SCRA 136 – Criminal Law – Book 2 – Crimes Against Public Interest – Article 171; Falsification By Public Officer – Sandiganbayan Jurisdiction In 1996, Elmer Abastillas sent a letter to Ozamis City Mayor Benjamin Fuentes asking the latter to donate […]
G.R. No. L-26407 – 172 Phil. 237 – 82 SCRA 245 – Civil Law – Torts and Damages – Distinction of Liability of Employers Under Article 2180 and Their Liability Under the Revised Penal Code – Independent Civil Action In April 1950, the freight truck owned by Eusebio Mendoza was […]
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. 150758 – 423 SCRA 272 (467 Phil. 723) – Civil Law – Family Code – Bigamy – Exists even if one marriage is declared void Veronico Tenebro contracted marriage with Leticia Ancajas in 1990. The two lived together continuously and without interruption until the later part of 1991, […]