Category: Criminal Law

— Criminal Law, Remedial Law —

PEOPLE vs. FIDEL TAN G.R. No. L-21805 February 25, 1967 Jurisdiction, Double Jeopardy, Execution or Satisfaction of Judgment

January 10, 2020

FACTS: Fidel Tan was sentenced by the CFI of Samar to suffer — an indeterminate penalty ranging from TWO (2) YEARS and FOUR (4) MONTHS, as minimum, to FOUR (4) YEARS and TWO (2) MONTHS, as maximum, both of prision correccional, with the accessory penalties provided by law. His appeal was dismissed before the CA… Read More PEOPLE vs. FIDEL TAN G.R. No. L-21805 February 25, 1967 Jurisdiction, Double Jeopardy, Execution or Satisfaction of Judgment

— Criminal Law —

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

October 25, 2019

RPC, Bar Q & A, Jurisprudence Arbitrary Detention [Article 124] Committed by: Any public officer or employee  How committed? — Detains a person [without legal grounds] The following are considered LEGAL GROUNDS for the detention of any person. (1) commission of a crime  (2) violent insanity or  (3) any other ailment requiring the compulsory  confinement… Read More CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

— Criminal Law —

KIDNAPPING AND SERIOUS ILLEGAL DETENTION Commission of, Elements; [Recent Rulings and Bar Q & A]

August 28, 2019

Elements ––  Serious Illegal Detention or Kidnapping with Ransom is punished under Art. 267 of the RPC; the following elements must concur:  (a) the offender is a private individual;  (b) he kidnaps or detains another, or in any manner deprives the latter of his liberty;  (c) the act of detention or kidnapping must be illegal;… Read More KIDNAPPING AND SERIOUS ILLEGAL DETENTION Commission of, Elements; [Recent Rulings and Bar Q & A]

— Criminal Law —

CLASSIFICATION OF FELONIES [And their Penalties]

August 16, 2019

Grave, Less Grave, and Light Felonies Paman v. People G.R. No. 210129, July 05, 2017 [Serious Physical Injuries is a Less Grave Felony] Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. [RPC, Article 9, paragraph (2)] Correctional penalties include prision correccional, arresto mayor, suspension, and… Read More CLASSIFICATION OF FELONIES [And their Penalties]

— Criminal Law —

PEOPLE v. TEODORO G.R. No. 175876 February 20, 2013 Recantation by the Victim in Statutory Rape

August 2, 2019

FACTS: Tomas Teodoro was convicted for two counts of rape in which the victim, AAA, was the 8-year old daughter of BBB, his common-law wife. The Regional Trial Court had pronounced Teodoro guilty of two counts of statutory rape on December 10, 2001, and condignly meted him the penalty of reclusion perpetua for each count.… Read More PEOPLE v. TEODORO G.R. No. 175876 February 20, 2013 Recantation by the Victim in Statutory Rape

— Criminal Law, Remedial Law —

PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished

July 29, 2019

FACTS: The Court adopted in toto the Decision dated January 29, 2014 of the CA, the pertinent portion of which reads: WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the January 29, 2014 Decision of the CA in CA-G.R. [CR-H.C.] No. 05383 and AFFIRMS said Decision finding accused­ appellant Ariel… Read More PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished

— Criminal Law —

PEOPLE v. DELOCIEMBRE G.R. No. 226485 June 6, 2018 Sec. 21, Article II, R.A. 9165, Chain of Custody, Acquitted

June 15, 2019

FACTS: An Information was filed, charging accused-appellants of the crime of Illegal Sale of Dangerous Drugs. The prosecution alleged that a buy-bust team was organized to conduct an entrapment operation against Bernie, alias “Axe,” who was reportedly “operating” within the area of Quezon City. The buy-bust team, together with the informant, proceeded to the target… Read More PEOPLE v. DELOCIEMBRE G.R. No. 226485 June 6, 2018 Sec. 21, Article II, R.A. 9165, Chain of Custody, Acquitted

— Criminal Law —

PEOPLE v. MAMA G.R. No. 237204, October 01, 2018 RA 9165, Three Witnesses Rule J. Perlas-Bernabe

June 13, 2019

FACTS: This case stemmed from two Informations filed before the RTC charging Mama with violation of Sections 5 and 11, Article II of RA 9165. Taguig city PNP received a tip of a high-volume drug trade of a certain “RJ” – later identified as Mama – in Barangay Tunasan, Muntinlupa. After verification of said tip,… Read More PEOPLE v. MAMA G.R. No. 237204, October 01, 2018 RA 9165, Three Witnesses Rule J. Perlas-Bernabe