Category: Criminal Law

— Criminal Law, Remedial Law —

US v. Ah Sing G.R. No. L-13005 October 10, 1917 Rules on Foreign Merchant Vessels, Criminal Jurisdiction, Importation of Dangerous Drugs

March 1, 2022

FACTS: The defendant is a Chinese employed as a fireman on Shun Chang, a foreign steamship which arrived at the port of Cebu on April 25, 1917, after a voyage direct from the port of Saigon.  The defendant bought eight cans of opium in Saigon, brought them on board the steamship Shun Chang, and had… Read More US v. Ah Sing G.R. No. L-13005 October 10, 1917 Rules on Foreign Merchant Vessels, Criminal Jurisdiction, Importation of Dangerous Drugs

— Constitutional Law, Criminal Law —

Brocka v. Enrile G.R. No. 69863-65, December 10, 1990 Criminal Prosecution, Constitutional Rights of the Accused

October 21, 2021

FACTS: Petitioners Lino Brocka,  et al. were arrested on January 28, 1985, following the forcible and violent dispersal of a demonstration held in sympathy with the jeepney strike called by the Alliance of Concerned Transport Organization (ACTO) pursuant to the Preventive Detention Action (PDA) issued by then President Ferdinand E. Marcos. Thereafter, they were charged… Read More Brocka v. Enrile G.R. No. 69863-65, December 10, 1990 Criminal Prosecution, Constitutional Rights of the Accused

— Criminal Law, Remedial Law —

People v. Nuñez October 4, 2017, G.R. No. 209342 J. Leonen, Criminal Prosecution

August 23, 2021

FACTS: In an Information, George Marciales (Marciales), Orly Nabia (Nabia), Paul Pobre (Pobre), and a certain alias “Jun” (Jun) were charged with robbery with homicide, under Article 294(1) of the RPC, as follows: That on or about the 22nd of June 2000, in the Municipality of Binangonan, Province of Rizal, Philippines and within the jurisdiction… Read More People v. Nuñez October 4, 2017, G.R. No. 209342 J. Leonen, Criminal Prosecution

— Criminal Law —

Jacaban v. People G.R. No. 184355 March 23, 2015 Illegal Possession of Firearms and Ammunitions under Presidential Decree (PD) No. 1866, as amended by Republic Act (RA) 8294

August 20, 2021

FACTS: On July 15, 1999, P/SInsp. Ipil H. Dueñas of the now defunct Presidential Anti-Organized Crime Task Force (PAOCTF) filed an Application for Search Warrant before Branch 22 of the RTC, Cebu City, to search the premises of [appellant’s] residence at J. Labra St., Guadalupe, Cebu City and seize the following items. One (1) 7.62… Read More Jacaban v. People G.R. No. 184355 March 23, 2015 Illegal Possession of Firearms and Ammunitions under Presidential Decree (PD) No. 1866, as amended by Republic Act (RA) 8294

— Criminal Law —

Marasigan v. Fuentes G.R. No. 201310, January 11, 2016 J. Leonen, Stages of Commission of a Felony, Conspiracy

August 18, 2021

FACTS: On December 20, 2006 at about 3:00 a.m., while he was walking on his way home, and after he had passed by Reginald Fuentes’ house where some merrymaking had been ongoing, Mark Reynald Marasigan felt someone throw an object at him from behind. Turning around, he saw Fuentes, who, upon noticing that he had… Read More Marasigan v. Fuentes G.R. No. 201310, January 11, 2016 J. Leonen, Stages of Commission of a Felony, Conspiracy

— Criminal Law —

Bahilidad v. People G.R. No. 185195 March 17, 2010 Conspiracy 

August 16, 2021

FACTS: A complaint was filed by a “Concerned Citizen of Sarangani Province” with the Office of the Ombudsman-Mindanao against Mary Ann Gadian, Amelia Carmela Zoleta, both assigned to the Office of the Vice-Governor, and a certain Sheryll Desiree Tangan, from the Office of the Sangguniang Panlalawigan, for their alleged participation in the scheme of giving… Read More Bahilidad v. People G.R. No. 185195 March 17, 2010 Conspiracy 

— Criminal Law, Remedial Law —

Jadewell Parking v. Judge Lidua, G.R. No. 169588 October 7, 2013 J. Leonen Prescription of Offenses, Violation of Ordinances

July 17, 2021

FACTS: Jadewell Parking Systems Corporation, through its General Manager Norma Tan, et al., alleged in their affidavit-complaint that on May 17, 2003, respondents Edwin Ang, Benedicto Balajadia and John Doe dismantled, took and carried away the clamp attached to the left front wheel of a Mitsubishi Adventure owned by Edwin Ang, which was then illegally… Read More Jadewell Parking v. Judge Lidua, G.R. No. 169588 October 7, 2013 J. Leonen Prescription of Offenses, Violation of Ordinances

— Criminal Law —

People v. Lim G.R. No. 231989, September 4, 2018 R.A. 9165, Chain of Custody

June 24, 2021

FACTS:  A buy-bust operation was conducted based on a report of a confidential informant (CI) that a certain “Romy” has been engaged in the sale of prohibited drugs.  The CI knocked at the door of a house and uttered, “ayo, nong Romy.” A certain Gorres came out and invited them to enter. Inside, Lim was… Read More People v. Lim G.R. No. 231989, September 4, 2018 R.A. 9165, Chain of Custody

— Criminal Law —

HDMF PAG-IBIG FUND v. Sagun G.R. No. 205698, July 31, 2018 Syndicated Estafa, Simple Estafa

June 22, 2021

FACTS:  Globe Asiatique, through its president Delfin Lee, entered into a Window I – Contract to Sell (CTS) Real Estate Mortgage with Buy-back Guaranty take out mechanism with the Home Development Mutual Fund (HDMF), also known as the Pag-Ibig Fund, for its Xevera Bacolor Project in Pampanga. Both parties also executed various Funding Commitment Agreements… Read More HDMF PAG-IBIG FUND v. Sagun G.R. No. 205698, July 31, 2018 Syndicated Estafa, Simple Estafa

— Criminal Law —

IN RE: CORRECTION/ADJUSTMENT OF PENALTY PURSUANT TO R.A. NO. 10951, IN RELATION TO HERNAN v. SANDIGANBAYAN G.R. No. 240347, August 14, 2018 Penalties

June 19, 2021

FACTS: This is a Petition for Release, praying for the immediate release of Samuel Saganib y Lutong (petitioner) pursuant to the provisions of R.A. No. 109512 and this Court’s ruling in Hernan v. Sandiganbayan. Petitioner was convicted of the crime of Estafa under Article 315, paragraph 2(a) of the RPC for pretending to be a… Read More IN RE: CORRECTION/ADJUSTMENT OF PENALTY PURSUANT TO R.A. NO. 10951, IN RELATION TO HERNAN v. SANDIGANBAYAN G.R. No. 240347, August 14, 2018 Penalties