Criminal Law

People v. Bringcula G.R. No. 226400, January 24, 2018 Elements of Robbery with Rape

FACTS: On the night of May 2, 2011, private complainant AAA was sleeping in her house together with her children, househelper and niece, when she was awakened at early dawn by the barking of the dog. FInding that there was no one inside their house, she went back to sleep.  She was again awakened when… Read More People v. Bringcula G.R. No. 226400, January 24, 2018 Elements of Robbery with Rape

Criminal Law

People v. Roland Miraña G.R. No. 219113, April 25, 2018 Defense of Insanity, Abuse of Superior Strength

FACTS: The victim was a 73-year-old widow, who lived on her own although she frequently slept at the house of her cousin Alberto, because accused-appellant had been harassing her and threatening her because she once reprimanded him after she caught him stealing fruits from her property. One day, the victim told Alberto that she was… Read More People v. Roland Miraña G.R. No. 219113, April 25, 2018 Defense of Insanity, Abuse of Superior Strength

Criminal Law

People v. Sandy Domingo G.R. No. 225743, June 7, 2017 Forcible Abduction with Rape, Sweetheart Defense

FACTS: On 24 January 2004, at around 8:00 in the evening, private complainant AAA, a saleslady in a public market, was waiting for her cousin when Appellant, who worked in a fish stall in the market, approached her and offered to take her to her aunt’s house where she resided. AAA agreed since her cousin… Read More People v. Sandy Domingo G.R. No. 225743, June 7, 2017 Forcible Abduction with Rape, Sweetheart Defense

Criminal Law

People v. Gajir Acub a.k.a. “Asaw” G.R. No. 220456, June 10, 2019 R.A. 9165, Chain of Custody, Accused-Appellant Acquitted [J. Leonen]

FACTS: On February 10, 2005, a confidential informant tipped SPO1 Mirasol that a certain Asaw, later identified as Acub, had been selling illegal drugs at Ayer Village.  A buy-bust operation against Asaw was thus planned. PO2 Cordero acted as the poseur-buyer, with PO3 Ajuji as back-up. Upon arriving at Ayer Village, the informant talked to… Read More People v. Gajir Acub a.k.a. “Asaw” G.R. No. 220456, June 10, 2019 R.A. 9165, Chain of Custody, Accused-Appellant Acquitted [J. Leonen]

Criminal Law, Remedial Law

Cajipe v. People G.R. No. 203605 April 23, 2014 Dismissal of Complaint/Information due to Lack of Probable Cause

FACTS: Lilian De Vera filed a complaint before the DOJ charging with multiple murder several PNP Highway Patrol Group (HPG) officers, herein petitioners P/C Insp. Lawrence B. Cajipe, P/C Insp. Mendoza, P/C Insp. Balatucan, PO3 Mamanao, Jr., P03 Gapuz, PO2 Blanco, P02 Santos, and PO1 Lucena.  The other group of accused consisted of police officers… Read More Cajipe v. People G.R. No. 203605 April 23, 2014 Dismissal of Complaint/Information due to Lack of Probable Cause

Civil Law, Criminal Law, Remedial Law

Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract

FACTS:  Petitioner Teodoro Reyes and Advanced Foundation Construction Systems Corp., represented by respondent Ettore Rossi, executed a deed of conditional sale involving the purchase by Reyes of a Dredging Pump worth P10,000,000.00.  The parties agreed therein that Reyes would pay the sum of P3,000,000.00 as downpayment, and the balance of P7,000,000.00 through post-dated checks.  Reyes… Read More Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract

Civil Law, Criminal Law

Vitangcol v. People of the Philippines G.R. No. 207406 January 13, 2016 Elements of the Crime of Bigamy, the Civil Code of the Philippines [J. Leonen]

FACTS: According to the prosecution, Norberto married Alice on December 4, 1994. After some time, Alice discovered that Norberto was previously married to a certain Gina M. Gaerlan on July 17, 1987, as evidenced by a marriage contract registered with the National Statistics Office.  Alice filed a criminal Complaint for bigamy against Norberto. On the… Read More Vitangcol v. People of the Philippines G.R. No. 207406 January 13, 2016 Elements of the Crime of Bigamy, the Civil Code of the Philippines [J. Leonen]

Criminal Law, Remedial Law

Simeon Lapi v. People of the Philippines G.R. No. 210731, February 13, 2019 Warrantless Arrest, R.A. No. 9165 [J. LEONEN]

FACTS: According to the prosecution, at around 1:50 p.m. on April 17, 2006, operatives of the Bacolod City Anti-Illegal Drug Special Operation Task Group conducted a stake-out operation in Purok Sigay, Barangay 2, Bacolod City. During the operation, PO2 Villeran heard noises from one of the houses. He “peeped through its window” and saw Lapi,… Read More Simeon Lapi v. People of the Philippines G.R. No. 210731, February 13, 2019 Warrantless Arrest, R.A. No. 9165 [J. LEONEN]

Criminal Law

People of the Philippines v. Magallano and Tapar G.R. No. 220721, December 10, 2018 Murder, Treachery [J. Leonen]

FACTS: Magallano and Tapar were charged with murder punished under Article 248 of the RPC. Prosecution witness Pineda testified that at around 1:00 a.m. of October 1, 2005, he was at home sleeping beside his wife when loud voices outside roused him from sleep. He then heard a woman shout, “Romy, bakit mo s[i]ya sinasaktan,… Read More People of the Philippines v. Magallano and Tapar G.R. No. 220721, December 10, 2018 Murder, Treachery [J. Leonen]