Category: Criminal Law

— Constitutional Law, Criminal Law —

People v. Perez G.R. No. L-21049 December 22, 1923 Sedition, Freedom of Speech

September 6, 2023

FACTS: Isaac Perez, the municipal secretary of Pilar, Sorsogon, and Fortunato Lodovice, a citizen of that municipality met and engaged in a discussion regarding the administration of Governor-General Wood, an executive official of the Philippines appointed by the President of the United States.  In the said discussion, Perez shouted a number of times: “The Filipinos,… Read More People v. Perez G.R. No. L-21049 December 22, 1923 Sedition, Freedom of Speech

— Criminal Law —

Agustin v. Pamintuan,et al. G.R. No. 164938, August 22, 2005 Libel, Defamation, Venue of Criminal Actions

August 30, 2023

FACTS: Petitioner Victor C. Agustin, a Philippine Daily Inquirer columnist, was charged with libel for allegedly writing libelous and defamatory articles tending to impeach the character, integrity, virtue and reputation of Anthony De Leon as Acting General Manager of the Baguio Country Club.  Agustin was arraigned, and pleaded not guilty to all the charges. Agustin… Read More Agustin v. Pamintuan,et al. G.R. No. 164938, August 22, 2005 Libel, Defamation, Venue of Criminal Actions

— Criminal Law —

PEOPLE v. VILLACORTA G.R. No. 186412 September 7, 2011 Proximate Cause, Efficient Intervening Cause, Slight Physical Injuries

August 18, 2023

FACTS: Witness Cristina Mendeja narrated that on January 23, 2002, at around 2:00AM, when Danilo Cruz was buying bread, Orlito Villacorta suddenly appeared and, without uttering a word, stabbed Cruz, using a sharpened bamboo stick. The bamboo stick broke and was left in Cruz’s body. Villacorta immediately fled thereafter. Her neighbor Aron removed the broken… Read More PEOPLE v. VILLACORTA G.R. No. 186412 September 7, 2011 Proximate Cause, Efficient Intervening Cause, Slight Physical Injuries

— Criminal Law —

U.S. v. A.H. Barnes G.R. No. 4774. November 18, 1908 Criminal Intent, Reckless Negligence

July 7, 2023

FACTS: On December 15,1906, at about 10 o’clock on the morning, A. H. Barnes, J. A. Ryan, and three Filipinos, one of whom was Pedro Leonardo, were out duck shooting. When they were about to return, there were ducks on an estero or stream. Barnes at once fired his gun twice, Pedro Leonardo being near… Read More U.S. v. A.H. Barnes G.R. No. 4774. November 18, 1908 Criminal Intent, Reckless Negligence

— Criminal Law, Remedial Law —

Soller v. Sandiganbayan G.R. No. 144261-62, May 9, 2001 Criminal Procedure, Jurisdiction of the Sandiganbayan

July 5, 2023

FACTS: In the evening of March 14, 1997, Jerry Macabael, a municipal guard, was shot and killed along the national highway at Bansud, Oriental Mindoro while driving a motorcycle together with petitioner Soller’s son, Vincent M. Soller. His body was brought to a medical clinic located in the house of petitioner Dr. Prudente Soller, the… Read More Soller v. Sandiganbayan G.R. No. 144261-62, May 9, 2001 Criminal Procedure, Jurisdiction of the Sandiganbayan

— Constitutional Law, Criminal Law —

US v. Bustos G.R. No. L-12592, March 8, 1918 Libel, Freedom of Speech and Press and of Assembly

May 13, 2023

FACTS: In the latter part of 1915, numerous citizens of the Province of Pampanga assembled, and prepared and signed a petition to the Executive Secretary, charging Roman Punsalan, justice of the peace of Macabebe and Masantol, Pampanga, with malfeasance in office and asking for his removal.  The petition was signed by thirty-four (34) citizens apparently… Read More US v. Bustos G.R. No. L-12592, March 8, 1918 Libel, Freedom of Speech and Press and of Assembly

— Criminal Law, Remedial Law —

People v. Garcia G.R. No. 200529, September 19, 2012 Statutory Rape, Testimonies of Child-victims

May 10, 2023

FACTS: Juanito Garcia was charged with three (3) counts of statutory rape committed against AAA, his cousin, then a minor, 8 years old, against her will.  Juanito pleaded not guilty to the charges. During trial, the prosecution presented three (3) witnesses: (a) AAA, who was eleven (11) years old at the time she testified; (b)… Read More People v. Garcia G.R. No. 200529, September 19, 2012 Statutory Rape, Testimonies of Child-victims

— Criminal Law, Legal Ethics, Remedial Law —

HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

March 21, 2023

FACTS: Petitioner Elizabeth Horca was charged with the crime of Theft.  Sister Linda Jo Reynolds, a member of the Sisters of Providence, which is a religious congregation of women of the Roman Catholic Church, claimed that she procured the services of petitioner to be the group’s travel agent for a trip to Rome, Italy Sister… Read More HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

— Appeals, Criminal Law, Remedial Law —

De Lima v. Guerrero G.R. No. 229781, October 10, 2017 Jurisdiction over Offenses and Felonies Committed by Public Officers 

December 3, 2022

FACTS: LEILA M. DE LIMA, RAFAEL MARCOS Z. RAGOS and RONNIE P. DAYAN, were accused of violation of Section 5, in relation to Section 3 (jj), Section 26 (b) and Section 28, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Act of 2002, in Criminal Case No. 17-165, the Information of which reads: That within… Read More De Lima v. Guerrero G.R. No. 229781, October 10, 2017 Jurisdiction over Offenses and Felonies Committed by Public Officers