Category: Criminal Law

— Criminal Law, Remedial Law —

Cajipe v. People G.R. No. 203605 April 23, 2014 Dismissal of Complaint/Information due to Lack of Probable Cause

April 9, 2020

FACTS: Lilian De Vera filed a complaint before the DOJ charging with multiple murder several PNP Highway Patrol Group (HPG) officers, herein petitioners P/C Insp. Lawrence B. Cajipe, P/C Insp. Mendoza, P/C Insp. Balatucan, PO3 Mamanao, Jr., P03 Gapuz, PO2 Blanco, P02 Santos, and PO1 Lucena.  The other group of accused consisted of police officers… Read More Cajipe v. People G.R. No. 203605 April 23, 2014 Dismissal of Complaint/Information due to Lack of Probable Cause

— Civil Law, Criminal Law, Remedial Law —

Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract

April 2, 2020

FACTS:  Petitioner Teodoro Reyes and Advanced Foundation Construction Systems Corp., represented by respondent Ettore Rossi, executed a deed of conditional sale involving the purchase by Reyes of a Dredging Pump worth P10,000,000.00.  The parties agreed therein that Reyes would pay the sum of P3,000,000.00 as downpayment, and the balance of P7,000,000.00 through post-dated checks.  Reyes… Read More Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract

— Civil Law, Criminal Law —

Vitangcol v. People of the Philippines G.R. No. 207406 January 13, 2016 Elements of the Crime of Bigamy, the Civil Code of the Philippines [J. Leonen]

March 1, 2020

FACTS: According to the prosecution, Norberto married Alice on December 4, 1994. After some time, Alice discovered that Norberto was previously married to a certain Gina M. Gaerlan on July 17, 1987, as evidenced by a marriage contract registered with the National Statistics Office.  Alice filed a criminal Complaint for bigamy against Norberto. On the… Read More Vitangcol v. People of the Philippines G.R. No. 207406 January 13, 2016 Elements of the Crime of Bigamy, the Civil Code of the Philippines [J. Leonen]

— Criminal Law, Remedial Law —

Simeon Lapi v. People of the Philippines G.R. No. 210731, February 13, 2019 Warrantless Arrest, R.A. No. 9165 [J. LEONEN]

March 1, 2020

FACTS: According to the prosecution, at around 1:50 p.m. on April 17, 2006, operatives of the Bacolod City Anti-Illegal Drug Special Operation Task Group conducted a stake-out operation in Purok Sigay, Barangay 2, Bacolod City. During the operation, PO2 Villeran heard noises from one of the houses. He “peeped through its window” and saw Lapi,… Read More Simeon Lapi v. People of the Philippines G.R. No. 210731, February 13, 2019 Warrantless Arrest, R.A. No. 9165 [J. LEONEN]

— Criminal Law —

People of the Philippines v. Magallano and Tapar G.R. No. 220721, December 10, 2018 Murder, Treachery [J. Leonen]

February 29, 2020

FACTS: Magallano and Tapar were charged with murder punished under Article 248 of the RPC. Prosecution witness Pineda testified that at around 1:00 a.m. of October 1, 2005, he was at home sleeping beside his wife when loud voices outside roused him from sleep. He then heard a woman shout, “Romy, bakit mo s[i]ya sinasaktan,… Read More People of the Philippines v. Magallano and Tapar G.R. No. 220721, December 10, 2018 Murder, Treachery [J. Leonen]

— Criminal Law —

NICOLAS VELASQUEZ and VICTOR VELASQUEZ v. PEOPLE, G.R. No. 195021, March 15, 2017  Justifying circumstances under Article 11 of the Revised Penal Code [J. LEONEN]

February 9, 2020

FACTS: Petitioners Nicolas and Victor, along with four others – Felix, Jojo, Sonny, and Ampong – were charged with attempted murder under Article 248, in relation to Article 6, of the RPC for attacking, mauling, and hitting Jesus Del Mundo. According to the prosecution, on May 24, 2003, at about 10:00 p.m., the spouses Jesus… Read More NICOLAS VELASQUEZ and VICTOR VELASQUEZ v. PEOPLE, G.R. No. 195021, March 15, 2017  Justifying circumstances under Article 11 of the Revised Penal Code [J. LEONEN]

— Criminal Law —

PEOPLE v. ROLANDO TERNIDA Y MUNAR G.R. No. 212626, June 03, 2019 R.A. 9165, Chain of Custody, Illegal Sale of Dangerous Drugs; Acquitted [J. LEONEN]

January 17, 2020

FACTS: Acting on a tip from a confidential informant, concerning an illegal drug transaction involving herein accused, the San Fernando City Police formed a buy-bust team composed of Inspector Quesada, PO2 Annague as poseur-buyer, and PO3 Batnag, as back-up.  On November 17, 2009, at around 10:40 p.m., the officers spotted accused Ternida along Quezon Avenue.… Read More PEOPLE v. ROLANDO TERNIDA Y MUNAR G.R. No. 212626, June 03, 2019 R.A. 9165, Chain of Custody, Illegal Sale of Dangerous Drugs; Acquitted [J. LEONEN]

— Criminal Law —

AAA v. BBB GR No. 212448, Jan 11, 2018 Jurisdiction, R. A. No. 9262, Psychological Abuse

January 15, 2020

FACTS:  Petitioner AAA and BBB were married in 2006 in Quezon City. Their union produced two children: CCC and DDD. In May of 2007, BBB started working in Singapore as a chef, where he acquired permanent resident status in September of 2008. AAA claimed that BBB sent little to no financial support, and only sporadically.… Read More AAA v. BBB GR No. 212448, Jan 11, 2018 Jurisdiction, R. A. No. 9262, Psychological Abuse

— Criminal Law, Election Law —

Garcia v. Court of Appeals G.R. No. 157171 March 14, 2006 Criminal Intent, Mala In Se, Mala Prohibita

January 11, 2020

FACTS:  An information was filed in the RTC of Alaminos, charging Herminio R. Romero, Renato R. Viray, Rachel Palisoc and Francisca de Vera, and petitioner, with violation of Section 27(b) of R.A. No. 6646, or “The Electoral Reforms Law of 1987”, for conspiring with, confederating together and mutually helping each other, did, then and there,… Read More Garcia v. Court of Appeals G.R. No. 157171 March 14, 2006 Criminal Intent, Mala In Se, Mala Prohibita