Author: pinayjurist

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— 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

— Criminal Law —

PEOPLE vs. BANDIAN G.R. No. 45186 September 30, 1936 Infanticide, Article 12 Exempting Circumstances

November 20, 2017

FACTS: At About 7 in the morning of January 31, 1936, Valentine Aguilar, the apellant’s neighbor, saw the appellant go to the thicket about four or five brazas from her house, apparently to respond to a call of nature because it was there that the people of the place used to go for that purpose.… Read More PEOPLE vs. BANDIAN G.R. No. 45186 September 30, 1936 Infanticide, Article 12 Exempting Circumstances

— Constitutional Law —

PEOPLE OF THE PHILIPPINES vs. ARMANDO GALLARDO y GANDER et. al. G.R. No. 113684 January 25, 2000 Independent and Competent Counsel

November 17, 2017

  FACTS: On July 28, 1991, the lifeless body of Edmundo Orizal was found in the rest house of Ronnie Balao. The victim was found to have sustained seven (7) gunshot wounds in the chest, abdomen, back, left and right thighs, and two (2) grazing wounds on the left arm and back. Investigation by the… Read More PEOPLE OF THE PHILIPPINES vs. ARMANDO GALLARDO y GANDER et. al. G.R. No. 113684 January 25, 2000 Independent and Competent Counsel

— Constitutional Law, Remedial Law —

People vs. Plaza G.R. No 176933 Oct. 2, 2009 Right to Bail

November 16, 2017

  FACTS: Raising only questions of law, the People’s petition for review on certiorari assails the Decision of the CA which affirmed the Order of the RTC fixing bail for the temporary liberty of Luis Bucalon Plaza who was indicted for Murder. The defense contended that in view of Judge Buyser’s ruling that the prosecution… Read More People vs. Plaza G.R. No 176933 Oct. 2, 2009 Right to Bail

— Constitutional Law —

Ong vs Sandiganbayan G.R. No. 126858 Sept. 16, 2005 Presumption of Innocence, Forfeiture Proceedings

November 16, 2017

FACTS: Congressman Bonifacio H. Gillego executed a Complaint-Affidavit, claiming that petitioner Jose U. Ong, then Commissioner of the BIR, has amassed properties worth disproportionately more than his lawful income. Ong submitted an explanation and analysis of fund sourcing, reporting his net worth covering the calendar years 1989 to 1991 and showing his sources and uses… Read More Ong vs Sandiganbayan G.R. No. 126858 Sept. 16, 2005 Presumption of Innocence, Forfeiture Proceedings

— Criminal Law —

People of the Philippines vs. Bienvenido Nocum G.R. No. L-482 February 25, 1947 Homicide, Reckless Imprudence

November 16, 2017

FACTS: About 9 o’clock in the evening of November 21, 1945, there was a fistic fight between Federico Bautista and Vicente Aurencio at the corner of Mayhaligue and Magdalena Streets, City of Manila. Desiring to stop the encounter, defendant shouted at the combatants. As these paid him no attention, he drew a .45 caliber pistol… Read More People of the Philippines vs. Bienvenido Nocum G.R. No. L-482 February 25, 1947 Homicide, Reckless Imprudence

— Criminal Law —

People of the Philippines vs. Manolito Oyanib y Mendoza G.R. Nos. 130634-35 March 12, 2001 Absolutory Cause, Article 247 RPC

November 10, 2017

FACTS: Due to marital differences, Manolito and Tita separated, with Manolito keeping custody of their two (2) children. Tita rented a room at the second floor of the house of Edgardo Lladas Despite their separation, Manolito tried to win Tita back and exerted all efforts towards reconciliation. However, Tita was very reluctant to reconcile with Manolito. In… Read More People of the Philippines vs. Manolito Oyanib y Mendoza G.R. Nos. 130634-35 March 12, 2001 Absolutory Cause, Article 247 RPC