Appeals, Criminal Law, Remedial Law

People v. XXX G.R. No. 253284 August 31, 2022 Qualified Rape; Elements; Republic Act No. (RA) 8353

FACTS: Private complainant narrated that in June 2013, while she and her siblings were sleeping, her father, accused-appellant went home drunk, laid down beside her, and started touching her private parts. Private complainant woke up startled. She could not understand what was happening, as she was only 12 years old at that time. She tried… Read More People v. XXX G.R. No. 253284 August 31, 2022 Qualified Rape; Elements; Republic Act No. (RA) 8353

Criminal Law

People of the Philippines v. Malate G.R. No. 250127 August 10, 2022  Chain of Custody, Illegal Sale of Dangerous Drugs, Illegal Possession of Dangerous Drugs, Acquitted 

FACTS: On January 9, 2017, at around 4:30 p.m., PO2 Casais received a tip from a confidential informant that accused-appellant Judy Malate was selling illegal drugs. PO2 Casais instructed the informant to transact with accused-appellant and set up a purchase of shabu worth PS00.00. PO2 Casais was assigned to act as poseur-buyer. At 6:47 p.m.,… Read More People of the Philippines v. Malate G.R. No. 250127 August 10, 2022  Chain of Custody, Illegal Sale of Dangerous Drugs, Illegal Possession of Dangerous Drugs, Acquitted 

Civil Law, Criminal Law

Malaki and Salanatin-Malaki v. People G.R. No. 221075 November 15, 2021 Bigamy, the Muslim Code

FACTS: Nerrian Maningo-Malaki claimed that on March 26, 1988, she and petitioner Francis Malaki were married under the religious rites of Iglesia ni Cristo in Panabo City, Davao del Norte. They begot two children. In 2005, Francis left the family home for Tagum City to find a job. He later abandoned their family. Nerrian discovered… Read More Malaki and Salanatin-Malaki v. People G.R. No. 221075 November 15, 2021 Bigamy, the Muslim Code

Criminal Law

Araza v. People G.R. No. 247429, September 08, 2020 R.A. No. 9262, Psychological Violence, VAWC

FACTS: AAA testified that she and petitioner Jaime Araza were married on October 5, 1989 at Malate Catholic Church. Initially, she had no marital issues with Araza until he went to Zamboanga City for their networking business.  It was at this point that she began to notice Araza’s change in behavior. Allegedly, he would act… Read More Araza v. People G.R. No. 247429, September 08, 2020 R.A. No. 9262, Psychological Violence, VAWC

Constitutional Law, Criminal Law

Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

FACTS: Pascasio Duropan and Raymond Nixer Coloma were Barangay Kagawad and Barangay Tanod, respectively, of Lincod, Maribojoc, Bohol. On March 7, 2009 at 11:30 a.m., Duropan, Coloma, and another barangay official saw William Pacis, et al harvesting nipa palm in a plantation. Coloma approached them and asked who gave them authority to harvest. Pacis replied… Read More Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

Criminal Law, Remedial Law

US v. Ah Sing G.R. No. L-13005 October 10, 1917 Rules on Foreign Merchant Vessels, Criminal Jurisdiction, Importation of Dangerous Drugs

FACTS: The defendant is a Chinese employed as a fireman on Shun Chang, a foreign steamship which arrived at the port of Cebu on April 25, 1917, after a voyage direct from the port of Saigon.  The defendant bought eight cans of opium in Saigon, brought them on board the steamship Shun Chang, and had… Read More US v. Ah Sing G.R. No. L-13005 October 10, 1917 Rules on Foreign Merchant Vessels, Criminal Jurisdiction, Importation of Dangerous Drugs

Constitutional Law, Criminal Law

Brocka v. Enrile G.R. No. 69863-65, December 10, 1990 Criminal Prosecution, Constitutional Rights of the Accused

FACTS: Petitioners Lino Brocka,  et al. were arrested on January 28, 1985, following the forcible and violent dispersal of a demonstration held in sympathy with the jeepney strike called by the Alliance of Concerned Transport Organization (ACTO) pursuant to the Preventive Detention Action (PDA) issued by then President Ferdinand E. Marcos. Thereafter, they were charged… Read More Brocka v. Enrile G.R. No. 69863-65, December 10, 1990 Criminal Prosecution, Constitutional Rights of the Accused

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