Category: Criminal Law

— Criminal Law, Remedial Law —

BENABAYE vs. PEOPLE G.R. No. 203466, February 25, 2015 estafa, Swindling, juridical possession, Rule 122 of the Revised Rules of Criminal Procedure, Effect of appeal by any of several accused

October 19, 2017

FACTS: Petitioner Benabaye was the Loans Bookkeeper of Siam Bank and was authorized to collect and/or accept loan payments of Siam Bank’s clients and issue provisional receipts therefor, accomplish a cash transfer slip at the end of each banking day detailing the amounts of money that she has received, and remit such payments to Tupag,… Read More BENABAYE vs. PEOPLE G.R. No. 203466, February 25, 2015 estafa, Swindling, juridical possession, Rule 122 of the Revised Rules of Criminal Procedure, Effect of appeal by any of several accused

— Criminal Law —

PEOPLE vs. AMANSEC G.R. No. 186131 December 14, 2011 R. A. No. 9165, Dangerous Drugs, buy-bust operation, Chain of Custody, Section 5, Article II of Republic Act No. 9165, Sale of Illegal Drugs, Non-Presentation of the Informant, Absence of Surveillance, Defense of Frame up and Denial

October 19, 2017

FACTS: OIC Police Inspector Villanueva together with PO1 Mabutol, Jr., PO2 Pascua, and PO1 Valencia, formed a team for a buy-bust operation against Benjamin Amansec with the help of an informant. The informant then introduced Mabutol to Amansec as a drug addict. Mabutol had just told Amansec that he was going to purchase one hundred… Read More PEOPLE vs. AMANSEC G.R. No. 186131 December 14, 2011 R. A. No. 9165, Dangerous Drugs, buy-bust operation, Chain of Custody, Section 5, Article II of Republic Act No. 9165, Sale of Illegal Drugs, Non-Presentation of the Informant, Absence of Surveillance, Defense of Frame up and Denial

— Constitutional Law, Criminal Law —

PEOPLE OF THE PHILIPPINES vs. JUAN NABALUNA et. al. G.R. No. L-60087 July 7, 1986 Voluntariness test in the Galit doctrine, Extra-judicial Confessions

October 16, 2017

FACTS: The accused-appellants Juan Nabaluna and Edgardo Empuerto, were found guilty beyond reasonable doubt of the crime of Robbery with Homicide and were sentenced to suffer the penalty of death. The uniform and main thrust of appellants’ principal argument is that, their extra-judicial statements were improperly admitted as evidence against them as these were obtained… Read More PEOPLE OF THE PHILIPPINES vs. JUAN NABALUNA et. al. G.R. No. L-60087 July 7, 1986 Voluntariness test in the Galit doctrine, Extra-judicial Confessions

— Criminal Law, Remedial Law —

WWC WORLDWIDE WEB CORPORATION and CHERRYLL L. YU v. PEOPLE OF THE PHILIPPINES and PLDT G.R. No. 161106, January 13, 2014 G.R. No. 161266 PLANET INTERNET CORP. v. PHILIPPINE LONG DISTANCE TELEPHONE COMPANY Appeal, Search warrants, General warrants, P.D. 401 Probable cause, Quashal of the search warrants, Theft

October 16, 2017

FACTS: Petitioners filed the present Petitions under Rule 45 of the Rules of Court to set aside the Decision and the Resolution of the CA reversing the quashal of the search warrants previously issued by the RTC. The applications for warrants to search the office premises of petitioner WWC, and of petitioner Planet Internet, alleged… Read More WWC WORLDWIDE WEB CORPORATION and CHERRYLL L. YU v. PEOPLE OF THE PHILIPPINES and PLDT G.R. No. 161106, January 13, 2014 G.R. No. 161266 PLANET INTERNET CORP. v. PHILIPPINE LONG DISTANCE TELEPHONE COMPANY Appeal, Search warrants, General warrants, P.D. 401 Probable cause, Quashal of the search warrants, Theft

— Criminal Law, Remedial Law —

PEOPLE OF THE PHILIPPINES vs. MARIAM BANDANG, ADING SALAMAT & RAKIMA ABUBAKAR G.R. No. 151314 June 3, 2004 Illegal Sale of Regulated Drugs, Alibi, Buy-bust Operation, Conspiracy, Frame-up, Illegal Sale of Dangerous Drugs, R.A. 7659

October 14, 2017

Doctrine: The commission of the offense of illegal sale of regulated drugs requires merely the consummation of the selling transaction. In a “buy-bust” operation, such as in the case at bar, what is important is the fact that the poseur-buyer received the shabu from the appellants and that the same was presented as evidence in… Read More PEOPLE OF THE PHILIPPINES vs. MARIAM BANDANG, ADING SALAMAT & RAKIMA ABUBAKAR G.R. No. 151314 June 3, 2004 Illegal Sale of Regulated Drugs, Alibi, Buy-bust Operation, Conspiracy, Frame-up, Illegal Sale of Dangerous Drugs, R.A. 7659

— Criminal Law —

Ladonga vs. People of the Philippines G.R. No. 141066, Feb. 17, 2005 BP 22

October 6, 2017

FACTS:  Evangelina and Adronico Ladonga and spouse, conspiring and knowing fully well that they did not have sufficient funds deposited with the United Coconut Planters Bank (UCPB), drew and issue UCPB Check No. 284743 postdated July 7, 1990 in the amount of P9,075.55), payable to Alfredo Oculam, and thereafter, without informing the latter that they… Read More Ladonga vs. People of the Philippines G.R. No. 141066, Feb. 17, 2005 BP 22

— Criminal Law —

US vs CARLOS G.R. No. 6295 September 1, 1911 THEFT, LARCENY

October 6, 2017

FACTS: The accused had been a consumer of electricity furnished by the Manila Electric Railroad and Light Company for a building containing the residence of the accused and three other residences. The representatives of the company, believing that more light was being used than their meter showed, installed an additional meter (Exhibit A) on a… Read More US vs CARLOS G.R. No. 6295 September 1, 1911 THEFT, LARCENY

— Criminal Law —

Josef vs. People G.R. No. 146424 November 18, 2005 Malum Prohibitum, Bouncing Checks, BP 22

October 6, 2017

FACTS:   From June to August, 1991, petitioner, a Marikina-based manufacturer and seller of shoes, purchased materials from respondent Agustin Alarilla, a seller of leather products, for which the former issued a total of 26 postdated checks against his account with the Associated Bank and Far East Bank & Trust Company. When private respondent presented… Read More Josef vs. People G.R. No. 146424 November 18, 2005 Malum Prohibitum, Bouncing Checks, BP 22

— Criminal Law, Remedial Law —

Colmenares v. Villar G.R. No. L-27124. May 29, 1970 Illegal Possession of Firearms, Malum Prohibitum, Venue

October 6, 2017

FACTS: Petitioner Francisco Colmenares was charged for illegal possession of firearms. He thereafter filed a motion to quash the complaint on the ground of lack of jurisdiction. It was claimed that venue was improperly laid, because the firearms mentioned in the complaint were taken from the possession of the accused in the municipality of La… Read More Colmenares v. Villar G.R. No. L-27124. May 29, 1970 Illegal Possession of Firearms, Malum Prohibitum, Venue

— Criminal Law, Mercantile Law, Remedial Law —

PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan

October 5, 2017

FACTS Orient Commercial Banking Corporation (OCBC), a commercial bank was ordered closed by the BSP.  PDIC was designated as OCBC receiver, and it took over the bank’s affairs, assets and liabilities, records, and collected the bank’s receivables. In 1997, it appears that fictitious loans in favor of two entities – Timmy’s, Inc. and Asia Textile… Read More PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan