Month: November 2017

— Political Law —

MARUHOM vs. COMELEC G.R. No. 179430 July 27, 2009

November 23, 2017

FACTS: Petitioner Jamela Salic Maruhom was a mayoralty candidate in the Municipality of Marantao, Lanao del Sur.Her opponent, re-electionist Mayor Abinal filed before the COMELEC a Petition for Disqualification against Maruhom, which alleged that she was a double registrant. The COMELEC First Division found that Maruhom had two subsisting registrations, one in Marawi, and another… Read More MARUHOM vs. COMELEC G.R. No. 179430 July 27, 2009

— Criminal Law —

Ty vs. People G.R. No. 149275, September 27, 2004 B.P. 22, Exempting Circumstance of Uncontrollable Fear, Justifying Circumstance of State of Necessity

November 20, 2017

FACTS: Ty’s mother was confined in Manila Doctor’s Hospital to which a medical bill amounting to 600,000 pesos was made to be paid to TY, after signing a contract of responsibility with the hospital. Ty, issued 7 checks to cover the said expenses, all of which were dishonored for being drawn against a closed a… Read More Ty vs. People G.R. No. 149275, September 27, 2004 B.P. 22, Exempting Circumstance of Uncontrollable Fear, Justifying Circumstance of State of Necessity

— Criminal Law —

People vs. Segundino Valencia, et. al. G.R. No. 143032, October 14, 2002 Entrapment vs. Instigation (Absolutory Causes)

November 20, 2017

  FACTS: SPO1 Facto and an informant pretended to wait for Johnny Tadena for them to buy drugs. When SPO1 Facto had the drugs after clear examination which he saw are white contents, he signaled his companions that the transaction had been consummated and they caught the accused. Thus, accused-appellants Segundino Valencia, Johnny Tadena and… Read More People vs. Segundino Valencia, et. al. G.R. No. 143032, October 14, 2002 Entrapment vs. Instigation (Absolutory Causes)

— Criminal Law —

People vs. Pacis G.R. No. 146309, July 18, 2002 Objective Test to determine validity of buy bust, Entrapment, Instigation

November 20, 2017

FACTS: On April 6, 1998, Atty. Jose Justo S. Yap, supervising agent of the Dangerous Drugs Division-National Bureau of Investigation, received information that a certain Roberto Mendoza Pacis was offering to sell one-half (1/2) kilogram of methamphetamine hydrochloride or “shabu” for the amount of P950.00 per gram or a total of P475,000.00. The NBI Chief… Read More People vs. Pacis G.R. No. 146309, July 18, 2002 Objective Test to determine validity of buy bust, Entrapment, Instigation

— Criminal Law —

US vs. APOLONIO CABALLEROS G.R. No. 1352 March 29, 1905 Article 12 of the RPC, Irresistible Force

November 20, 2017

FACTS: The defendants have been sentenced by the CFI of Cebu to the penalty of seven years of presidio mayor as accessories after the fact in the crime of assassination or murder perpetrated on the persons of the American school-teachers , because, without having taken part in the said crime as principals or as accomplices,… Read More US vs. APOLONIO CABALLEROS G.R. No. 1352 March 29, 1905 Article 12 of the RPC, Irresistible Force

— Criminal Law —

U.S. vs. Phelps G.R. No. L-5728 August 11, 1910 Instigation or Inducement

November 20, 2017

FACTS: Internal Revenue Agent Homer C. Smith induced one James O. Phelps to look for an opium den where he could smoke opium. Smith went to Phelps three times to convince the latter of his real desire to smoke opium. Because of Smith’s insistence, Phelps made efforts to look for a place where both of… Read More U.S. vs. Phelps G.R. No. L-5728 August 11, 1910 Instigation or Inducement

— Criminal Law —

PEOPLE vs. MACATANDA G.R. No. L-51368 November 6, 1981 Mitigating Circumstance, Lack of Instruction

November 20, 2017

FACTS: Saglala Macatanda was found guilty beyond reasonable doubt of the crime of Cattle Rustling penalized under PD No. 533. From the judgment of conviction, he appealed direct to this Court. In the evening of December 25, 1976, complainant left his two carabaos near his house in Salug, Sapad, Lanao del Norte. the following morning,… Read More PEOPLE vs. MACATANDA G.R. No. L-51368 November 6, 1981 Mitigating Circumstance, Lack of Instruction

— Criminal Law —

PEOPLE vs. FORMIGONES G.R. No. L-3246 November 29, 1950 Parricide, Feeblemindedness, Imbecility, Article 12 of the RPC

November 20, 2017

FACTS: Late in the afternoon, Julia was sitting at the head of the stairs of the house. The accused, without any previous quarrel or provocation whatsoever, took his bolo from the wall of the house and stabbed his wife, Julia, in the back, the blade penetrating the right lung and causing a severe hemorrhage resulting… Read More PEOPLE vs. FORMIGONES G.R. No. L-3246 November 29, 1950 Parricide, Feeblemindedness, Imbecility, Article 12 of the RPC

— Criminal Law —

US vs. VICENTILLO G.R. No. L-6082 March 18, 1911 19 PHIL 118 Lawful or Insuperable Cause, Illegal and Arbitrary Detention

November 20, 2017

FACTS: The defendant in this case was found guilty in the court below of the crime of “illegal and arbitrary detention” of the complaining witness for a period of three days. However, it was conclusively proven at the trial that at the time of the arrest neither the local justice of the peace nor his… Read More US vs. VICENTILLO G.R. No. L-6082 March 18, 1911 19 PHIL 118 Lawful or Insuperable Cause, Illegal and Arbitrary Detention

— Criminal Law —

US vs. Knight G.R. No. 8561 December 4, 1913 26 Phil 216 Reckless Negligence resulting in Homicide

November 20, 2017

FACTS: This is an appeal from a judgment of the CFI of Manila convicting the defendant and appellant of reckless negligence resulting in homicide. About 3.30 in the afternoon of the 13th of September, 1912, the defendant, a chauffeur in the employ of the quartermaster’s department of the United States Army, was proceeding in charge… Read More US vs. Knight G.R. No. 8561 December 4, 1913 26 Phil 216 Reckless Negligence resulting in Homicide