Category: Criminal Law

— 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

— Criminal Law —

People v. Dicto Arpa and Maalum Arpa G.R. No. L-26789. April 25, 1969 Aggravating Circumstance of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune

June 5, 2021

FACTS: Having boarded a motor banca owned by Epimaco Mola, together with other passengers bound for Talicud Island, Davao, and once the motor banca was in the middle of the sea and when it developed engine trouble, the accused, conspiring together and helping one another, with intent to steal the motor banca and by means… Read More People v. Dicto Arpa and Maalum Arpa G.R. No. L-26789. April 25, 1969 Aggravating Circumstance of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune

— Criminal Law —

People of the Philippines v. Pastores,et al G.R. No. L-29800, August 31, 1971 Rape

May 29, 2021

FACTS: Complainant Minda V. Reyes testified that in the evening of August 5, 1966, she attended the coronation ceremony held at the St. Mary’s College in Nueva Vizcaya where she was then a 4th year BSE Student. The affair ended at about 11:30 in the evening, and she left the school with her boyfriend Augusto… Read More People of the Philippines v. Pastores,et al G.R. No. L-29800, August 31, 1971 Rape

— Constitutional Law, Criminal Law, Political Law —

Ty-Delgado v. HRET G.R. 219603 January 26, 2016 Libel, Malice, Moral Turpitude, Grave Abuse of Discretion, Election Code

May 25, 2021

FACTS: Philip A. Pichay was convicted by final judgment of four counts of libel. In lieu of imprisonment, he was sentenced to pay a fine in the amount of P6,000.00 for each count of libel and 1 Million Pesos as moral damages. This Decision became final and executory on 1 June 2009.  On 9 October… Read More Ty-Delgado v. HRET G.R. 219603 January 26, 2016 Libel, Malice, Moral Turpitude, Grave Abuse of Discretion, Election Code

— Criminal Law —

People v. Ubay G.R. No. L-17616 May 30, 1962 Prescription of Offenses, Unjust Vexation

May 19, 2021

FACTS: On the complaint of Michaela B. de Magadia, an information was filed docketed as Criminal Case No. 6751, for Trespass to Dwelling, against the accused Felipe Abuy. On arraignment, the accused Abuy pleaded not guilty, and the case was thereafter tried. During trial, the prosecution moved for the dismissal of the case, on the… Read More People v. Ubay G.R. No. L-17616 May 30, 1962 Prescription of Offenses, Unjust Vexation

— Criminal Law —

People v. Sendaydiego G.R. Nos. L-33252-54. January 20, 1978 Falsification as a means to Commit a Crime

May 18, 2021

FACTS: Licerio P. Sendaydiego, the provincial treasurer of Pangasinan, in conspiracy with Juan Samson, an employee of a lumber and hardware store in Dagupan City, and with Anastacio Quirimit, the provincial auditor, as an accomplice, used six (6) forged provincial vouchers in order to embezzle from the road and bridge fund the total sum of… Read More People v. Sendaydiego G.R. Nos. L-33252-54. January 20, 1978 Falsification as a means to Commit a Crime

— Criminal Law, Remedial Law —

Abay v. People G.R. No. 165896 September 19, 2008 Highway Robbery/Brigandage, Evidence, Confession, Admission, Alibi

May 12, 2021

FACTS: An Information was filed charging Rustico Abay, Jr., Reynaldo Darilag, Ramoncito Aban, Ernesto Ricalde, Ramon Punzalan, Ariston Reyes, Isagani Espeleta, Cesar Camacho, Leonardo Perello and Danilo Pascual with the crime of Highway Robbery/Brigandage. Thelma Andrade, a conductress of the Kapalaran Bus Line, testified that in the evening of February 17, 1994, the bus she… Read More Abay v. People G.R. No. 165896 September 19, 2008 Highway Robbery/Brigandage, Evidence, Confession, Admission, Alibi

— Criminal Law, Remedial Law —

People v. Lobrigas G.R. No. 147649, December 17, 2002 Doctrine of Independently Relevant Statements, Abuse of Superior Strength, Circumstantial Evidence, Res Gestae,

May 5, 2021

FACTS: On February 19, 1996, Felix Taylaran, a farmhand of Castor Guden, asked for permission not to work because it was raining and he had to go to the store of Teodorico Mante. At 4:00 p.m., Felix returned to Castor Guden’s house with bruises on his face and injuries all over his body. He told… Read More People v. Lobrigas G.R. No. 147649, December 17, 2002 Doctrine of Independently Relevant Statements, Abuse of Superior Strength, Circumstantial Evidence, Res Gestae,

— Criminal Law —

Salvador v. Mapa G.R. No. 135080 November 28, 2007 Ex Post Facto Law

April 29, 2021

FACTS: On October 8, 1992 then President Fidel V. Ramos issued Administrative Order No. 13 creating the Presidential Ad Hoc Fact-Finding Committee on Behest Loans, in view of allegations of loans, guarantees, and other forms of financial accommodations granted, directly or indirectly, by government-owned and controlled bank or financial institutions, at the behest, command, or… Read More Salvador v. Mapa G.R. No. 135080 November 28, 2007 Ex Post Facto Law