Criminal Law, Remedial Law

People v. Nuñez October 4, 2017, G.R. No. 209342 J. Leonen, Criminal Prosecution

FACTS: In an Information, George Marciales (Marciales), Orly Nabia (Nabia), Paul Pobre (Pobre), and a certain alias “Jun” (Jun) were charged with robbery with homicide, under Article 294(1) of the RPC, as follows: That on or about the 22nd of June 2000, in the Municipality of Binangonan, Province of Rizal, Philippines and within the jurisdiction… Read More People v. Nuñez October 4, 2017, G.R. No. 209342 J. Leonen, Criminal Prosecution

Criminal Law

Jacaban v. People G.R. No. 184355 March 23, 2015 Illegal Possession of Firearms and Ammunitions under Presidential Decree (PD) No. 1866, as amended by Republic Act (RA) 8294

FACTS: On July 15, 1999, P/SInsp. Ipil H. Dueñas of the now defunct Presidential Anti-Organized Crime Task Force (PAOCTF) filed an Application for Search Warrant before Branch 22 of the RTC, Cebu City, to search the premises of [appellant’s] residence at J. Labra St., Guadalupe, Cebu City and seize the following items. One (1) 7.62… Read More Jacaban v. People G.R. No. 184355 March 23, 2015 Illegal Possession of Firearms and Ammunitions under Presidential Decree (PD) No. 1866, as amended by Republic Act (RA) 8294

Criminal Law

Marasigan v. Fuentes G.R. No. 201310, January 11, 2016 J. Leonen, Stages of Commission of a Felony, Conspiracy

FACTS: On December 20, 2006 at about 3:00 a.m., while he was walking on his way home, and after he had passed by Reginald Fuentes’ house where some merrymaking had been ongoing, Mark Reynald Marasigan felt someone throw an object at him from behind. Turning around, he saw Fuentes, who, upon noticing that he had… Read More Marasigan v. Fuentes G.R. No. 201310, January 11, 2016 J. Leonen, Stages of Commission of a Felony, Conspiracy

Criminal Law

Bahilidad v. People G.R. No. 185195 March 17, 2010 Conspiracy 

FACTS: A complaint was filed by a “Concerned Citizen of Sarangani Province” with the Office of the Ombudsman-Mindanao against Mary Ann Gadian, Amelia Carmela Zoleta, both assigned to the Office of the Vice-Governor, and a certain Sheryll Desiree Tangan, from the Office of the Sangguniang Panlalawigan, for their alleged participation in the scheme of giving… Read More Bahilidad v. People G.R. No. 185195 March 17, 2010 Conspiracy 

Criminal Law, Remedial Law

Jadewell Parking v. Judge Lidua, G.R. No. 169588 October 7, 2013 J. Leonen Prescription of Offenses, Violation of Ordinances

FACTS: Jadewell Parking Systems Corporation, through its General Manager Norma Tan, et al., alleged in their affidavit-complaint that on May 17, 2003, respondents Edwin Ang, Benedicto Balajadia and John Doe dismantled, took and carried away the clamp attached to the left front wheel of a Mitsubishi Adventure owned by Edwin Ang, which was then illegally… Read More Jadewell Parking v. Judge Lidua, G.R. No. 169588 October 7, 2013 J. Leonen Prescription of Offenses, Violation of Ordinances

Criminal Law

People v. Lim G.R. No. 231989, September 4, 2018 R.A. 9165, Chain of Custody

FACTS:  A buy-bust operation was conducted based on a report of a confidential informant (CI) that a certain “Romy” has been engaged in the sale of prohibited drugs.  The CI knocked at the door of a house and uttered, “ayo, nong Romy.” A certain Gorres came out and invited them to enter. Inside, Lim was… Read More People v. Lim G.R. No. 231989, September 4, 2018 R.A. 9165, Chain of Custody

Criminal Law

HDMF PAG-IBIG FUND v. Sagun G.R. No. 205698, July 31, 2018 Syndicated Estafa, Simple Estafa

FACTS:  Globe Asiatique, through its president Delfin Lee, entered into a Window I – Contract to Sell (CTS) Real Estate Mortgage with Buy-back Guaranty take out mechanism with the Home Development Mutual Fund (HDMF), also known as the Pag-Ibig Fund, for its Xevera Bacolor Project in Pampanga. Both parties also executed various Funding Commitment Agreements… Read More HDMF PAG-IBIG FUND v. Sagun G.R. No. 205698, July 31, 2018 Syndicated Estafa, Simple Estafa

Criminal Law

IN RE: CORRECTION/ADJUSTMENT OF PENALTY PURSUANT TO R.A. NO. 10951, IN RELATION TO HERNAN v. SANDIGANBAYAN G.R. No. 240347, August 14, 2018 Penalties

FACTS: This is a Petition for Release, praying for the immediate release of Samuel Saganib y Lutong (petitioner) pursuant to the provisions of R.A. No. 109512 and this Court’s ruling in Hernan v. Sandiganbayan. Petitioner was convicted of the crime of Estafa under Article 315, paragraph 2(a) of the RPC for pretending to be a… Read More IN RE: CORRECTION/ADJUSTMENT OF PENALTY PURSUANT TO R.A. NO. 10951, IN RELATION TO HERNAN v. SANDIGANBAYAN G.R. No. 240347, August 14, 2018 Penalties

Criminal Law

People v. Dicto Arpa and Maalum Arpa G.R. No. L-26789. April 25, 1969 Aggravating Circumstance of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune

FACTS: Having boarded a motor banca owned by Epimaco Mola, together with other passengers bound for Talicud Island, Davao, and once the motor banca was in the middle of the sea and when it developed engine trouble, the accused, conspiring together and helping one another, with intent to steal the motor banca and by means… Read More People v. Dicto Arpa and Maalum Arpa G.R. No. L-26789. April 25, 1969 Aggravating Circumstance of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune

Criminal Law

People of the Philippines v. Pastores,et al G.R. No. L-29800, August 31, 1971 Rape

FACTS: Complainant Minda V. Reyes testified that in the evening of August 5, 1966, she attended the coronation ceremony held at the St. Mary’s College in Nueva Vizcaya where she was then a 4th year BSE Student. The affair ended at about 11:30 in the evening, and she left the school with her boyfriend Augusto… Read More People of the Philippines v. Pastores,et al G.R. No. L-29800, August 31, 1971 Rape