Category: Criminal Law

— Criminal Law, Legal Ethics, Remedial Law —

HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

March 21, 2023

FACTS: Petitioner Elizabeth Horca was charged with the crime of Theft.  Sister Linda Jo Reynolds, a member of the Sisters of Providence, which is a religious congregation of women of the Roman Catholic Church, claimed that she procured the services of petitioner to be the group’s travel agent for a trip to Rome, Italy Sister… Read More HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

— Appeals, Criminal Law, Remedial Law —

De Lima v. Guerrero G.R. No. 229781, October 10, 2017 Jurisdiction over Offenses and Felonies Committed by Public Officers 

December 3, 2022

FACTS: LEILA M. DE LIMA, RAFAEL MARCOS Z. RAGOS and RONNIE P. DAYAN, were accused of violation of Section 5, in relation to Section 3 (jj), Section 26 (b) and Section 28, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Act of 2002, in Criminal Case No. 17-165, the Information of which reads: That within… Read More De Lima v. Guerrero G.R. No. 229781, October 10, 2017 Jurisdiction over Offenses and Felonies Committed by Public Officers 

— Criminal Law —

De Leon v. People of the Philippines G.R. No. 212623, January 11, 2016 Elements of Oral Defamation

November 29, 2022

FACTS: Enrique De Leon was charged with Grave Oral Defamation in the Information filed before the MeTC, the accusatory portion of which reads: That, on or about April 17, 2006, in the City of Manila, Philippines, the said accused, with the deliberate intent to besmirch the honor and reputation of one SPO3 PEDRITO L. LEONARDO,… Read More De Leon v. People of the Philippines G.R. No. 212623, January 11, 2016 Elements of Oral Defamation

— Appeals, Constitutional Law, Criminal Law, Remedial Law —

Mandagan v. JMV CORPORATION  G.R. No. 215118 June 19, 2019 J. Caguioa B.P. 22, Acquittal, Right of the accused against double jeopardy

October 24, 2022

FACTS:  JOSE M. VALERO CORPORATION (JMV) agreed to grant an accommodation in favor of Maria Nympha Mandagan by allowing her to use its corporate name and account for a car loan intended for her personal use. The accommodation was extended to Mandagan when she still enjoyed the good graces of company director, Mrs. Rosie V.… Read More Mandagan v. JMV CORPORATION  G.R. No. 215118 June 19, 2019 J. Caguioa B.P. 22, Acquittal, Right of the accused against double jeopardy

— Appeals, Criminal Law, Remedial Law —

People v. XXX G.R. No. 253284 August 31, 2022 Qualified Rape; Elements; Republic Act No. (RA) 8353

September 27, 2022

FACTS: Private complainant narrated that in June 2013, while she and her siblings were sleeping, her father, accused-appellant went home drunk, laid down beside her, and started touching her private parts. Private complainant woke up startled. She could not understand what was happening, as she was only 12 years old at that time. She tried… Read More People v. XXX G.R. No. 253284 August 31, 2022 Qualified Rape; Elements; Republic Act No. (RA) 8353

— Criminal Law —

People of the Philippines v. Malate G.R. No. 250127 August 10, 2022  Chain of Custody, Illegal Sale of Dangerous Drugs, Illegal Possession of Dangerous Drugs, Acquitted 

September 2, 2022

FACTS: On January 9, 2017, at around 4:30 p.m., PO2 Casais received a tip from a confidential informant that accused-appellant Judy Malate was selling illegal drugs. PO2 Casais instructed the informant to transact with accused-appellant and set up a purchase of shabu worth PS00.00. PO2 Casais was assigned to act as poseur-buyer. At 6:47 p.m.,… Read More People of the Philippines v. Malate G.R. No. 250127 August 10, 2022  Chain of Custody, Illegal Sale of Dangerous Drugs, Illegal Possession of Dangerous Drugs, Acquitted 

— Civil Law, Criminal Law —

Malaki and Salanatin-Malaki v. People G.R. No. 221075 November 15, 2021 Bigamy, the Muslim Code

June 2, 2022

FACTS: Nerrian Maningo-Malaki claimed that on March 26, 1988, she and petitioner Francis Malaki were married under the religious rites of Iglesia ni Cristo in Panabo City, Davao del Norte. They begot two children. In 2005, Francis left the family home for Tagum City to find a job. He later abandoned their family. Nerrian discovered… Read More Malaki and Salanatin-Malaki v. People G.R. No. 221075 November 15, 2021 Bigamy, the Muslim Code

— Criminal Law —

Araza v. People G.R. No. 247429, September 08, 2020 R.A. No. 9262, Psychological Violence, VAWC

May 26, 2022

FACTS: AAA testified that she and petitioner Jaime Araza were married on October 5, 1989 at Malate Catholic Church. Initially, she had no marital issues with Araza until he went to Zamboanga City for their networking business.  It was at this point that she began to notice Araza’s change in behavior. Allegedly, he would act… Read More Araza v. People G.R. No. 247429, September 08, 2020 R.A. No. 9262, Psychological Violence, VAWC

— Constitutional Law, Criminal Law —

Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

May 25, 2022

FACTS: Pascasio Duropan and Raymond Nixer Coloma were Barangay Kagawad and Barangay Tanod, respectively, of Lincod, Maribojoc, Bohol. On March 7, 2009 at 11:30 a.m., Duropan, Coloma, and another barangay official saw William Pacis, et al harvesting nipa palm in a plantation. Coloma approached them and asked who gave them authority to harvest. Pacis replied… Read More Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

— Criminal Law, Remedial Law —

US v. Ah Sing G.R. No. L-13005 October 10, 1917 Rules on Foreign Merchant Vessels, Criminal Jurisdiction, Importation of Dangerous Drugs

March 1, 2022

FACTS: The defendant is a Chinese employed as a fireman on Shun Chang, a foreign steamship which arrived at the port of Cebu on April 25, 1917, after a voyage direct from the port of Saigon.  The defendant bought eight cans of opium in Saigon, brought them on board the steamship Shun Chang, and had… Read More US v. Ah Sing G.R. No. L-13005 October 10, 1917 Rules on Foreign Merchant Vessels, Criminal Jurisdiction, Importation of Dangerous Drugs