Criminal Law

PEOPLE v. BRICERO G.R. No. 218428, November 07, 2018 R.A. No. 9165, Buy-bust Operation

FACTS: PNB/Supt. Nilo Pagtalunan, acting on a report from a confidential informant about the illegal drug activities of Bricero, formed a team for the conduct of a buy-bust operation. Prosecution witness PO1 Reyes was designated as the poseur-buyer. The team proceeded to the target area located at Ilagan Street, Brgy. Paltok, Quezon City. PO1 Reyes… Read More PEOPLE v. BRICERO G.R. No. 218428, November 07, 2018 R.A. No. 9165, Buy-bust Operation

Criminal Law, Remedial Law

PHILIPPINE RABBIT BUS LINES vs. PEOPLE G.R. No. 147703 April 14, 2004 Subsidiary Liability, Appeal in Criminal Cases

FACTS: Accused Napoleon Roman was found guilty and convicted of the crime of reckless imprudence resulting to triple homicide, multiple physical injuries and damage to property. The accused had jumped bail and remained at-large. Section 8, Rule 124 of the Rules of Court authorizes the dismissal of appeal when appellant jumps bail. Since the notice… Read More PHILIPPINE RABBIT BUS LINES vs. PEOPLE G.R. No. 147703 April 14, 2004 Subsidiary Liability, Appeal in Criminal Cases

Constitutional Law, Criminal Law

JASON IVLER v. MODESTO-SAN PEDRO G.R. No. 172716 November 17, 2010, Double Jeorpardy, Reckless Imprudence

FACTS: Petitioner Jason Ivler was charged before the MeTC, with two separate offenses: (1) Reckless Imprudence Resulting in Slight Physical Injuries (Criminal Case No. 82367) for injuries sustained by Evangeline Ponce; and (2) Reckless Imprudence Resulting in Homicide and Damage to Property (Criminal Case No. 82366) for the death of Ponce’s husband Nestor and damage… Read More JASON IVLER v. MODESTO-SAN PEDRO G.R. No. 172716 November 17, 2010, Double Jeorpardy, Reckless Imprudence

Criminal Law

People v. Melchor Brita G.R. No. 191260 November 24, 2014 R.A. 9165, Presumption of Regularity, Defense of Frame up

  FACTS: A Buy-bust team went to the house of appellant who thereupon came out of his house and approached them. After having been introduced by the informant to the appellant as a potential buyer of shabu worth ₱500.00, PO2 Tejero gave appellant the marked money. In return, appellant took from his right pocket a… Read More People v. Melchor Brita G.R. No. 191260 November 24, 2014 R.A. 9165, Presumption of Regularity, Defense of Frame up

Criminal Law

PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A. 3019, Conspiracy

FACTS: Before the Court is a petition for review on certiorari assailing the Resolution of the Third Division of the Sandiganbayan (SB) dated June 2, 2005 which quashed the Information filed against herein respondent for alleged violation of Section 3 (g) of Republic Act No. 3019 (R.A. 3019), otherwise known as the Anti-Graft and Corrupt… Read More PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A. 3019, Conspiracy

Criminal Law

Dungo v. People G.R. No. 209464, July 01, 2015 R. A. No. 8049 Anti-Hazing Law, Malum Prohibitum

FACTS: Villanueva, a UP Los Baños student, was a neophyte of the APO – Theta Chapter Fraternity and that Dungo and Sibal, as members of the said fraternity, together with the other fraternity members, officers and alumni, brought and transported Villanueva and two other neophytes to Villa Novaliches Resort at Barangay Pansol, Calamba City, for… Read More Dungo v. People G.R. No. 209464, July 01, 2015 R. A. No. 8049 Anti-Hazing Law, Malum Prohibitum

Criminal Law

PEOPLE v. GREGORIO et al.. G.R. No. 194235, June 08, 2016 Kidnapping for Ransom

FACTS: Jay Gregorio, Rolando Estrella, and Ricardo Salazar were found guilty beyond reasonable doubt as principals of the crime of kidnapping for ransom under Art. 267 of the RPC, as amended by RA 7659 and Danilo Bergonia and Efren Gascon, as accomplices for the same crime of kidnapping for ransom of one JIMMY TING, depriving… Read More PEOPLE v. GREGORIO et al.. G.R. No. 194235, June 08, 2016 Kidnapping for Ransom

Criminal Law

US vs. PARRONE G.R. No. L-7038 January 7, 1913 Retroactive effect of penal laws.

Favorabilia sunt amplianda, adiosa restrigenda (Penal laws which are favorable to the accused are given retroactive effect). FACTS: This defendant was charged with the crime of the falsification of a personal cedula. After trial, the judge found the defendant guilty of the crime charged and sentenced him to be imprisoned for a period of three years and… Read More US vs. PARRONE G.R. No. L-7038 January 7, 1913 Retroactive effect of penal laws.

Bar Q & A, Criminal Law

2016 Bar Exam Suggested Answers in Criminal Law by the UP Law Complex

I. Explain the application of the Indeterminate. Sentence Law (ISL). (5%) SUGGESTED ANSWER The court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the Revised Penal Code, and the minimum of which… Read More 2016 Bar Exam Suggested Answers in Criminal Law by the UP Law Complex