Criminal Law

Ysidoro v. People G.R. No. 192330 November 14, 2012 Technical Malversation

FACTS: The Municipal Social Welfare and Development Office (MSWDO) of Leyte operated a Core Shelter Assistance Program (CSAP) that provided construction materials to indigent calamity victims with which to rebuild their homes. The beneficiaries provided the labor needed for construction. When construction for calamity victims in Sitio Luy-a, Barangay Tinugtogan, was 70% done, the beneficiaries… Read More Ysidoro v. People G.R. No. 192330 November 14, 2012 Technical Malversation

Criminal Law

Patulot v. People G.R. No. 235071, January 7, 2019 R.A. No. 7610, Child Abuse

FACTS: On November 14, 2012, CCC gathered clothes from the clothesline outside her house. As she was about to enter the house, she was surprised to see Evangeline Patulot there, holding a casserole. Without warning, Patulot poured the contents of the casserole – hot cooking oil – on her.  AAA , a three year old… Read More Patulot v. People G.R. No. 235071, January 7, 2019 R.A. No. 7610, Child Abuse

Bar Q & A, Criminal Law

Bar Q & A and Recent Jurisprudence on Direct Assault, Direct Assault with Murder, and Direct Assault with Attempted Murder

2017 Bar VII. Bernardo was enraged by his conviction for robbery by Judge Samsonite despite insufficient evidence Pending his appeal, Bernardo escaped in order to get even with Judge Samsonite. Bernardo learned that the Judge regularly slept in his mistress’ house every weekend. Thus, he waited for the Judge to arrive on Saturday evening at… Read More Bar Q & A and Recent Jurisprudence on Direct Assault, Direct Assault with Murder, and Direct Assault with Attempted Murder

Criminal Law

Dangerous Drugs Cases resolved following the amendment of RA 9165 by RA 10640

PEOPLE VS. LUMAYA March 2018 Under varied field conditions, strict compliance with the requirements of Sec. 21, Art. II of R.A. No. 9165 may not always be possible; the IRR of R.A. No. 9165 which is now crystallized into statutory law with the passage of R.A. No. 10640 provides that the said inventory and photography… Read More Dangerous Drugs Cases resolved following the amendment of RA 9165 by RA 10640

Criminal Law

LUTAP v. PEOPLE G.R. No. 204061 February 5, 2018 Rape by Sexual Assault, Acts of Lasciviousness

FACTS: Petitioner Edmisael Lutap, A.K.A. “Egay”, frequently visits the house of AAA’s family, being the best friend of AAA’s father. Around 6:30 in the evening AAA, who was then only six (6) years old and her younger siblings, BBB and CCC, were watching television in their sala, together with petitioner, while their mother DDD was… Read More LUTAP v. PEOPLE G.R. No. 204061 February 5, 2018 Rape by Sexual Assault, Acts of Lasciviousness

Criminal Law

People v. Tabaco G.R. Nos. 100382-100385 March 19, 1997 Criminal Liability, Complex Crimes, Penalties, Delito Compuesto and Delito Complejo

FACTS: The group of the late Mayor Jorge Arreola of Buguey, Cagayan, arrived at the cockpit arena while the  accused Mario Tabaco was seated on the arm of the bench situated at the lower portion of the arena about more than three (3) meters away, from the place where the late Mayor and his group… Read More People v. Tabaco G.R. Nos. 100382-100385 March 19, 1997 Criminal Liability, Complex Crimes, Penalties, Delito Compuesto and Delito Complejo

Criminal Law, Remedial Law

People v. Gallarde G.R. No. 133025. February 17, 2000 Homicide, Rights of the Accused, Circumstantial Evidence, Complex Crime

FACTS: Radel Gallarde was charged with the special complex crime of rape with homicide in an information, the accusatory portion reads as follows: That on or about the 6th day of May 1997, in the evening, amidst the field located at Brgy. Trenchera, Tayug, Pangasinan, the above-named accused, and by means of force, violence and… Read More People v. Gallarde G.R. No. 133025. February 17, 2000 Homicide, Rights of the Accused, Circumstantial Evidence, Complex Crime