Category: Criminal Law

— Criminal Law —

US vs. Knight G.R. No. 8561 December 4, 1913 26 Phil 216 Reckless Negligence resulting in Homicide

November 20, 2017

FACTS: This is an appeal from a judgment of the CFI of Manila convicting the defendant and appellant of reckless negligence resulting in homicide. About 3.30 in the afternoon of the 13th of September, 1912, the defendant, a chauffeur in the employ of the quartermaster’s department of the United States Army, was proceeding in charge… Read More US vs. Knight G.R. No. 8561 December 4, 1913 26 Phil 216 Reckless Negligence resulting in Homicide

— Criminal Law —

PEOPLE vs. BANDIAN G.R. No. 45186 September 30, 1936 Infanticide, Article 12 Exempting Circumstances

November 20, 2017

FACTS: At About 7 in the morning of January 31, 1936, Valentine Aguilar, the apellant’s neighbor, saw the appellant go to the thicket about four or five brazas from her house, apparently to respond to a call of nature because it was there that the people of the place used to go for that purpose.… Read More PEOPLE vs. BANDIAN G.R. No. 45186 September 30, 1936 Infanticide, Article 12 Exempting Circumstances

— Criminal Law —

People of the Philippines vs. Bienvenido Nocum G.R. No. L-482 February 25, 1947 Homicide, Reckless Imprudence

November 16, 2017

FACTS: About 9 o’clock in the evening of November 21, 1945, there was a fistic fight between Federico Bautista and Vicente Aurencio at the corner of Mayhaligue and Magdalena Streets, City of Manila. Desiring to stop the encounter, defendant shouted at the combatants. As these paid him no attention, he drew a .45 caliber pistol… Read More People of the Philippines vs. Bienvenido Nocum G.R. No. L-482 February 25, 1947 Homicide, Reckless Imprudence

— Criminal Law —

People of the Philippines vs. Manolito Oyanib y Mendoza G.R. Nos. 130634-35 March 12, 2001 Absolutory Cause, Article 247 RPC

November 10, 2017

FACTS: Due to marital differences, Manolito and Tita separated, with Manolito keeping custody of their two (2) children. Tita rented a room at the second floor of the house of Edgardo Lladas Despite their separation, Manolito tried to win Tita back and exerted all efforts towards reconciliation. However, Tita was very reluctant to reconcile with Manolito. In… Read More People of the Philippines vs. Manolito Oyanib y Mendoza G.R. Nos. 130634-35 March 12, 2001 Absolutory Cause, Article 247 RPC

— Criminal Law —

PENALTIES UNDER THE RPC, INDETERMINATE SENTENCE LAW and the PROBATION LAW

November 9, 2017

PENALTIES UNDER THE REVISED PENAL CODE (and the Indeterminate Sentence Law and the Probation Law) by: ATTY. JAY NAKAO Silliman University   READ ARTICLES 21 TO 88 BUT SKIP ARTICLE 48 – include RA 9346, Indeterminate Sentence Law, Probation Law   1.           People vs. De la Cruz, No. L-45485, September 19, 1978, 85 SCRA 285… Read More PENALTIES UNDER THE RPC, INDETERMINATE SENTENCE LAW and the PROBATION LAW

— Criminal Law, Remedial Law —

PEOPLE vs. DORIA G.R. No. 125299. January 22, 1999 Illegal Sale of Dangerous Drugs, Warrantless Arrests, Search and Seizure, Plain View Doctrine

October 26, 2017

FACTS: Accused-appellants Florencio Doria and Violeta Gaddao were charged with violation of Section 4, in relation to Section 21 of the Dangerous Drugs Act of 1972. Members of PNP Narcotics Command (Narcom), received information from two civilian informants (CI) that one “Jun” who was later identified to be Florencio Doria was engaged in illegal drug… Read More PEOPLE vs. DORIA G.R. No. 125299. January 22, 1999 Illegal Sale of Dangerous Drugs, Warrantless Arrests, Search and Seizure, Plain View Doctrine

— Criminal Law —

WRIGHT vs CA G.R. No. 113213 August 15, 1994 Extradition, Ex post facto law

October 25, 2017

FACTS: Petitioner, an Australian Citizen, was sought by Australian authorities for indictable crimes in his country. Extradition proceedings were filed against him which ordered the deportation of petitioner. Said decision was sustained by the Court of Appeals; hence, petitioner came herein by way of review on certiorari, to set aside the order of deportation, contending… Read More WRIGHT vs CA G.R. No. 113213 August 15, 1994 Extradition, Ex post facto law

— Criminal Law, Remedial Law —

VALDEZ vs. PEOPLE OF THE PHILIPPINES G.R. No. 170180 November 23, 2007 Warrantless Arrest, Search and Seizure, Fruit of a poisonous tree

October 25, 2017

The sacred right against an arrest, search or seizure without valid warrant is not only ancient. It is also zealously safeguarded. The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. Any evidence obtained in violation of said right shall be inadmissible… Read More VALDEZ vs. PEOPLE OF THE PHILIPPINES G.R. No. 170180 November 23, 2007 Warrantless Arrest, Search and Seizure, Fruit of a poisonous tree

— Criminal Law —

PEOPLE OF THE PHILIPPINES vs. MANALILI G.R. No. 191253 August 28, 2013 Rape, Statutory Rape, Alibi

October 19, 2017

FACTS: Manalili was charged with statutory rape as defined and penalized under Article 266-A, par. 1 of the Revised Penal Code in relation to Section 5(b) of R.A. No. 7610, otherwise known as “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.” AAA, the victim who was then barely eleven (11) years old… Read More PEOPLE OF THE PHILIPPINES vs. MANALILI G.R. No. 191253 August 28, 2013 Rape, Statutory Rape, Alibi

— Civil Law, Criminal Law —

DONATO vs. LUNA G.R. No. L-53642 April 15, 1988 BIGAMY, Prejudicial Question

October 19, 2017

FACTS: Herein petitioner was charged with bigamy. Before the petitioner’s arraignment, private respondent filed a civil action for declaration of nullity of her marriage with petitioner on the ground that private respondent consented to entering into the marriage, which was petitioner Donato’s second one, since she had no previous knowledge that petitioner was already married… Read More DONATO vs. LUNA G.R. No. L-53642 April 15, 1988 BIGAMY, Prejudicial Question