FACTS: Petitioners Nicolas and Victor, along with four others – Felix, Jojo, Sonny, and Ampong – were charged with attempted murder under Article 248, in relation to Article 6, of the RPC for attacking, mauling, and hitting Jesus Del Mundo. According to the prosecution, on May 24, 2003, at about 10:00 p.m., the spouses Jesus… Read More NICOLAS VELASQUEZ and VICTOR VELASQUEZ v. PEOPLE, G.R. No. 195021, March 15, 2017  Justifying circumstances under Article 11 of the Revised Penal Code [J. LEONEN]

FACTS: Acting on a tip from a confidential informant, concerning an illegal drug transaction involving herein accused, the San Fernando City Police formed a buy-bust team composed of Inspector Quesada, PO2 Annague as poseur-buyer, and PO3 Batnag, as back-up.  On November 17, 2009, at around 10:40 p.m., the officers spotted accused Ternida along Quezon Avenue.… Read More PEOPLE v. ROLANDO TERNIDA Y MUNAR G.R. No. 212626, June 03, 2019 R.A. 9165, Chain of Custody, Illegal Sale of Dangerous Drugs; Acquitted [J. LEONEN]

FACTS:  Petitioner AAA and BBB were married in 2006 in Quezon City. Their union produced two children: CCC and DDD. In May of 2007, BBB started working in Singapore as a chef, where he acquired permanent resident status in September of 2008. AAA claimed that BBB sent little to no financial support, and only sporadically.… Read More AAA v. BBB GR No. 212448, Jan 11, 2018 Jurisdiction, R. A. No. 9262, Psychological Abuse

2008 Bar No. X.  Upon opening a letter containing 17 money orders, the mail carrier forged the signatures of the payees on the money orders and encashed them. What crime or crimes did the mail carrier commit? Explain briefly. SUGGESTED ANSWER:  In Pp. v. Villanueva, the Supreme Court held that the mail carrier is guilty… Read More CRIMES AGAINST PUBLIC INTEREST

RPC, Bar Q & A, Jurisprudence Arbitrary Detention [Article 124] Committed by: Any public officer or employee  How committed? — Detains a person [without legal grounds] The following are considered LEGAL GROUNDS for the detention of any person. (1) commission of a crime  (2) violent insanity or  (3) any other ailment requiring the compulsory  confinement… Read More CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Elements ––  Serious Illegal Detention or Kidnapping with Ransom is punished under Art. 267 of the RPC; the following elements must concur:  (a) the offender is a private individual;  (b) he kidnaps or detains another, or in any manner deprives the latter of his liberty;  (c) the act of detention or kidnapping must be illegal;… Read More KIDNAPPING AND SERIOUS ILLEGAL DETENTION Commission of, Elements; [Recent Rulings and Bar Q & A]

Grave, Less Grave, and Light Felonies Paman v. People G.R. No. 210129, July 05, 2017 [Serious Physical Injuries is a Less Grave Felony] Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. [RPC, Article 9, paragraph (2)] Correctional penalties include prision correccional, arresto mayor, suspension, and… Read More CLASSIFICATION OF FELONIES [And their Penalties]