Criminal Law

PAVLOW v. MENDENILLA, G.R. No. 181489, April 19, 2017 -J.Leonen R.A. 9262, Protection Order

FACTS: On March 11, 2005, petitioner Steven Pavlow, an American citizen, married Maria Sheila Mendenilla, a Filipino, in civil rites in Quezon City.  Barely three (3) months into their marriage, Maria Sheila filed a Complaint-Affidavit against Pavlow for slight physical injuries, which was later amended to include maltreatment in relation to the Anti-VAWC Law as… Read More PAVLOW v. MENDENILLA, G.R. No. 181489, April 19, 2017 -J.Leonen R.A. 9262, Protection Order

Criminal Law

Aparente v. People G.R. No. 205695, September 27, 2017 J. Leonen R.A. 9165, Chain of Custody

FACTS: Jesus Aparente was charged with violation of R.A. 9165 for having in his custody and control 0.01 gram of white crystalline substance contained in one (1) heat-sealed transparent plastic sachet, which was found positive to the test for Methamphetamine hydrochloride, also known as shabu. Aparente pleaded not guilty upon arraignment. The trial court found… Read More Aparente v. People G.R. No. 205695, September 27, 2017 J. Leonen R.A. 9165, Chain of Custody

Criminal Law

Torres v. People G.R. No. 206627, January 18, 2017 J.Leonen R.A. 7610 Child Abuse defined

FACTS: CCC, AAA’s uncle, previously filed a complaint for malicious mischief against Van Clifford Torres, who allegedly caused damage to CCC’s multicab, which was witness by AAA.  CCC and AAA were at the barangay hall, waiting for the conciliation proceedings to begin when they chanced upon Torres who had just arrived from fishing.  Torres vehemently… Read More Torres v. People G.R. No. 206627, January 18, 2017 J.Leonen R.A. 7610 Child Abuse defined

Criminal Law

Bongalon v. People, G.R. No. 169533, March 20, 2013 R.A. No. 7610, Child Abuse, Slight Physical Injuries

FACTS: On May 11, 2002, Jayson Dela Cruz and Roldan, his older brother, both minors, joined the evening procession for the Santo Niño.  When the procession passed in front of the petitioner George Bongalon’s house, the latter’s daughter Mary Ann Rose, also a minor, threw stones at Jayson and called him “sissy”.  Petitioner confronted Jayson… Read More Bongalon v. People, G.R. No. 169533, March 20, 2013 R.A. No. 7610, Child Abuse, Slight Physical Injuries

Criminal Law, Remedial Law

Reyes v. People G.R. No. 232678, July 03, 2019 RA 9262, Psychological Violence, Sufficiency of the Information

FACTS: AAA and Esteban Donato Reyes were married and have four children, of whom only three are living, and who are all now of legal ages. Reyes was seldom at home since he used to render military service as a Philippine Air Force pilot, then as a commercial pilot for the Philippine Airlines, and later… Read More Reyes v. People G.R. No. 232678, July 03, 2019 RA 9262, Psychological Violence, Sufficiency of the Information

Criminal Law

Pilapil v. Ibay-Somera G.R. No. 80116 June 30, 1989 Adultery

FACTS: Petitioner Imelda Manalaysay Pilapil, a Filipino citizen, and private respondent Erich Ekkehard Geiling, a German national, were married before the Registrar of Births, Marriages and Deaths at Friedensweiler in the Federal Republic of Germany.  After about three and a half years of marriage, marital conflicts lead the private respondent obtained a decree of divorce… Read More Pilapil v. Ibay-Somera G.R. No. 80116 June 30, 1989 Adultery

Constitutional Law, Criminal Law

David v. Agbay G.R. No. 199113 March 18, 2015 Citizenship, Falsification of Public Documents under Art. 172 of the RPC

FACTS: In 1974, petitioner Renato M. David migrated to Canada and became a Canadian citizen by naturalization. Upon their retirement, petitioner and his wife returned to the Philippines.  Sometime in 2000, they purchased a 600-square meter lot along the beach in Oriental Mindoro where they constructed a residential house.  Later, they came to know that… Read More David v. Agbay G.R. No. 199113 March 18, 2015 Citizenship, Falsification of Public Documents under Art. 172 of the RPC

Criminal Law

People v. Oanis G.R. No. L-47722 July 27, 1943 Mistake in Identity, Mistake of Fact, Incomplete Justifying Circumstance

FACTS: Provincial Inspector Captain Godofredo Monsod received from Major Guido a telegram of the following tenor: “Information received escaped convict Anselmo Balagtas with bailarina and Irene in Cabanatuan get him dead or alive.”  Accordingly, Captain Monsod showed a copy of the above-quoted telegram and a picture of Balagtas to corporal Alberto Galanta, privates Nicomedes Oralo,… Read More People v. Oanis G.R. No. L-47722 July 27, 1943 Mistake in Identity, Mistake of Fact, Incomplete Justifying Circumstance

Criminal Law

CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATION and CRIMES AGAINST PUBLIC ORDER

Crimes Against National Security and Law of Nation Treason [Article 114] Committed by: A Filipino citizen An Alien residing in the Philippines (A person who owes allegiance to the Philippines whether perpetual or temporary) **It is a war crime. It cannot be committed in times of peace. How Committed: *Levy war against the Philippines *Adhere… Read More CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATION and CRIMES AGAINST PUBLIC ORDER