An illustration of the Retroactive effect of penal laws Article 22, Revised Penal Code. Retroactive effect of penal laws.- Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5, Article 62 of this Code,… Read More Retroactive effect of penal laws
FACTS: Petitioner was charged with the crime of bigamy before the RTC. Petitioner thereafter filed a Motion to Suspend Proceedings alleging that: (1) there is a pending civil case for declaration of nullity of the second marriage before the RTC of Antipolo City filed by Karla Y. Medina-Capili; (2) in the event that the marriage… Read More Capili vs. People G.R. No. 183805, July 03, 2013 Bigamy
FACTS: Convicted by the Sandiganbayan of the crime of illegal use of public funds, appellant Abdulla is before the Court on petition for review under Rule 45. Appellant’s co-accused, Aguil and Darkis, were both acquitted. Only appellant was found guilty and sentenced by the Sandiganbayan. Upon motion for reconsideration, the Sandiganbayan amended appellant’s sentence by… Read More Abdulla vs. People G.R. NO. 150129 April 6, 2005 Malversation, Criminal Intent
FACTS: This is an appeal from the Decision of the RTC finding the accused- appellant Carlos Dela Cruz guilty beyond reasonable doubt of violation of Section 11(2) of Republic Act No. (RA) 9165 or The Comprehensive Dangerous Drugs Act of 2002 for having in his possession, direct custody and control one (1) heat-sealed transparent plastic… Read More PEOPLE versus DE LA CRUZ G.R. No. 182348 November 20, 2008 R.A. 9165
FACTS: Assailed before the Court is the Decision of the Court of Appeals which affirmed with modification the Decision of the RTC of Malolos, Bulacan, finding accused-appellant Norberto del Monte, a.k.a. Obet, guilty of violation of Section 5, Article II of Republic Act No. 9165, otherwise known as “Comprehensive Dangerous Drugs Act of 2002.” Appellant… Read More PEOPLE vs. DEL MONTE G.R. No. 179940 April 23, 2008 Section 21 of Republic Act No. 9165
FACTS: Enrique Galacgac, a naturalized American Citizen was accused of attempted parricide with physical serious injuries in Criminal Case NO. 19292, two separate charges of attempted homicide, and illegal possession of firearms as a result of an indiscriminate shooting in Sta. Cruz, Manila. After trial Enrique was convicted for attempted parricide with physical serious injuries,… Read More People vs. Galacgac CA 54 O.G. 1027 Criminal Law, Generality principle in Criminal Law
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FACTS: On appeal before Us is the Decision of the CA which affirmed in toto the decision of the RTC, convicting accused-appellants Alfredo Concepcion Clemente and Henry Concepcion Clemente of Violation of Section 5, Article II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. They were charged… Read More People vs. Concepcion G.R. No. 178876 June 27, 2008 Constitutional Rights of the Accused, Custodial Investigation
FACTS: Accused Martin Simon was charged with a violation of Section 4, Article II of Republic Act No. 6425 or the Dangerous Drugs Act of 1972. He sold tea bags of marijuana to a Narcotics Command (NARCOM) poseur-buyer. The confiscated 4 tea bags, weighing a total of 3.8 grams, when subjected to laboratory examination, were… Read More People vs. Martin Simon G.R. No. 93028 July 29, 1994 Sale of Prohibited Drugs
FACTS: On July 12, 1956, Salvador Areza, a farmer residing in Lilio, Laguna, left his house carrying with him a bolo on lots scabbard to gather firewood in his farm in barrio Bubukal. When he failed to return home that day, his wife Lydia Nudal went out to search for him. She was accompanied by… Read More People vs. Rogado G.R. No. L-13025 December 29, 1959 Article 12 of the RPC, Exempting Circumstance of Uncontrollable Fear