People vs. Noel Bartolome G.R. No 191726 February 06, 2013 A buy-bust operation has been recognized in this jurisdiction as a legitimate form of entrapment of the culprit. It is distinct from instigation, in that the accused who is otherwise not predisposed to commit the crime is enticed or lured or talked into committing the… Read More ENTRAPMENT vs. INSTIGATION (Buy-bust operation)
FACTS: The petitioners Dominador and Rodel, together with their acquitted co-accused Elenito, were charged with the crime of murder and multiple frustrated murder before the RTC. The charges stemmed from an incident that left Betty dead, and her daughter Suzette and granddaughter injured. The appellants pleaded not guilty during the arraignment. Vicente, the husband… Read More Malana vs. People G.R. No. 173612 March 26, 2008 Equipoise Rule
An illustration of the Retroactive effect of penal laws Article 22, Revised Penal Code. Retroactive effect of penal laws.- Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5, Article 62 of this Code,… Read More Retroactive effect of penal laws
FACTS: Petitioner was charged with the crime of bigamy before the RTC. Petitioner thereafter filed a Motion to Suspend Proceedings alleging that: (1) there is a pending civil case for declaration of nullity of the second marriage before the RTC of Antipolo City filed by Karla Y. Medina-Capili; (2) in the event that the marriage… Read More Capili vs. People G.R. No. 183805, July 03, 2013 Bigamy
FACTS: Convicted by the Sandiganbayan of the crime of illegal use of public funds, appellant Abdulla is before the Court on petition for review under Rule 45. Appellant’s co-accused, Aguil and Darkis, were both acquitted. Only appellant was found guilty and sentenced by the Sandiganbayan. Upon motion for reconsideration, the Sandiganbayan amended appellant’s sentence by… Read More Abdulla vs. People G.R. NO. 150129 April 6, 2005 Malversation, Criminal Intent
FACTS: This is an appeal from the Decision of the RTC finding the accused- appellant Carlos Dela Cruz guilty beyond reasonable doubt of violation of Section 11(2) of Republic Act No. (RA) 9165 or The Comprehensive Dangerous Drugs Act of 2002 for having in his possession, direct custody and control one (1) heat-sealed transparent plastic… Read More PEOPLE versus DE LA CRUZ G.R. No. 182348 November 20, 2008 R.A. 9165
FACTS: Assailed before the Court is the Decision of the Court of Appeals which affirmed with modification the Decision of the RTC of Malolos, Bulacan, finding accused-appellant Norberto del Monte, a.k.a. Obet, guilty of violation of Section 5, Article II of Republic Act No. 9165, otherwise known as “Comprehensive Dangerous Drugs Act of 2002.” Appellant… Read More PEOPLE vs. DEL MONTE G.R. No. 179940 April 23, 2008 Section 21 of Republic Act No. 9165
FACTS: Enrique Galacgac, a naturalized American Citizen was accused of attempted parricide with physical serious injuries in Criminal Case NO. 19292, two separate charges of attempted homicide, and illegal possession of firearms as a result of an indiscriminate shooting in Sta. Cruz, Manila. After trial Enrique was convicted for attempted parricide with physical serious injuries,… Read More People vs. Galacgac CA 54 O.G. 1027 Criminal Law, Generality principle in Criminal Law
CRIMINAL LAW Reviewer
FACTS: On appeal before Us is the Decision of the CA which affirmed in toto the decision of the RTC, convicting accused-appellants Alfredo Concepcion Clemente and Henry Concepcion Clemente of Violation of Section 5, Article II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. They were charged… Read More People vs. Concepcion G.R. No. 178876 June 27, 2008 Constitutional Rights of the Accused, Custodial Investigation