Category: Criminal Law

— Criminal Law —

Dungo v. People G.R. No. 209464, July 01, 2015 R. A. No. 8049 Anti-Hazing Law, Malum Prohibitum

March 13, 2019

FACTS: Villanueva, a UP Los Baños student, was a neophyte of the APO – Theta Chapter Fraternity and that Dungo and Sibal, as members of the said fraternity, together with the other fraternity members, officers and alumni, brought and transported Villanueva and two other neophytes to Villa Novaliches Resort at Barangay Pansol, Calamba City, for… Read More Dungo v. People G.R. No. 209464, July 01, 2015 R. A. No. 8049 Anti-Hazing Law, Malum Prohibitum

— Criminal Law —

PEOPLE v. GREGORIO et al.. G.R. No. 194235, June 08, 2016 Kidnapping for Ransom

February 22, 2019

FACTS: Jay Gregorio, Rolando Estrella, and Ricardo Salazar were found guilty beyond reasonable doubt as principals of the crime of kidnapping for ransom under Art. 267 of the RPC, as amended by RA 7659 and Danilo Bergonia and Efren Gascon, as accomplices for the same crime of kidnapping for ransom of one JIMMY TING, depriving… Read More PEOPLE v. GREGORIO et al.. G.R. No. 194235, June 08, 2016 Kidnapping for Ransom

— Criminal Law —

US vs. PARRONE G.R. No. L-7038 January 7, 1913 Retroactive effect of penal laws.

February 18, 2019

Favorabilia sunt amplianda, adiosa restrigenda (Penal laws which are favorable to the accused are given retroactive effect). FACTS: This defendant was charged with the crime of the falsification of a personal cedula. After trial, the judge found the defendant guilty of the crime charged and sentenced him to be imprisoned for a period of three years and… Read More US vs. PARRONE G.R. No. L-7038 January 7, 1913 Retroactive effect of penal laws.

— Bar Q & A, Criminal Law —

2016 Bar Exam Suggested Answers in Criminal Law by the UP Law Complex

February 16, 2019

I. Explain the application of the Indeterminate. Sentence Law (ISL). (5%) SUGGESTED ANSWER The court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the Revised Penal Code, and the minimum of which… Read More 2016 Bar Exam Suggested Answers in Criminal Law by the UP Law Complex

— Criminal Law —

Rustia v. People G.R. No. 208351, October 05, 2016 Treachery, Murder

December 5, 2018

FACTS: Ambrocio Cristin went to the Barangay Hall to meet accused-appellants in order to talk to them about the land that Cristin had bought from a certain Agcaoile. They were arguing when they left, and Accused-appellant Rustia, Jr. suddenly restrained the Cristin on his waist. Accused-appellants Rustia, Sr. and Faustino helped accused-appellant Rustia, Jr. restrain… Read More Rustia v. People G.R. No. 208351, October 05, 2016 Treachery, Murder

— Criminal Law —

TAN v. TAN G.R. No. 168852 September 30, 2008 R.A. No. 9262, Conspiracy

December 5, 2018

FACTS: Sharica Mari Go-Tan (petitioner) and Steven Tan were married and have two female children. Barely six years into the marriage, petitioner filed a Petition with Prayer for the Issuance of a Temporary Protective Order (TPO) against Steven and her parents-in-law, herein respondents, before the RTC. She alleged that Steven, in conspiracy with respondents, were… Read More TAN v. TAN G.R. No. 168852 September 30, 2008 R.A. No. 9262, Conspiracy

— Constitutional Law, Criminal Law —

SCHNECKENBURGER v. MORAN G.R. No. L-44896 July 31, 1936 Jurisdiction

November 28, 2018

FACTS: The petitioner, an honorary consul of Uruguay in the Philippines, was charged with the crime of falsification of a private document before the CFI of Manila. He objected to the jurisdiction of the court on the ground that both under the Constitution of the United States and the Constitution of the Philippines the court… Read More SCHNECKENBURGER v. MORAN G.R. No. L-44896 July 31, 1936 Jurisdiction

— Criminal Law —

Jacinto v. People G.R. No. 162540 July 13, 2009 Impossible Crime

November 16, 2018

FACTS: Petitioner, together with two other women, was charged with the crime of Qualified Theft, allegedly committed as follows: That on or about and sometime in the month of July 1997, in Kalookan City, Metro Manila, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring together and mutually helping one another, being… Read More Jacinto v. People G.R. No. 162540 July 13, 2009 Impossible Crime