Category: Criminal Law

— Constitutional Law, Criminal Law —

People v. Fabro G.R. No. 95089 August 11, 1997 Conspiracy, Treachery, Evident Premeditation, Confession, Constitutional RIghts of the Accused

April 26, 2021

FACTS: In an Information was filed charging Nicomedes Fabro, Francisco Dimalanta, Amado Alcala, William Hoge and a certain “John Doe” with the murder of Dionisio Joaquin. According to the prosecution, Dionisio Joaquin, the victim, was one of organizers of a strike by workers on the premises of the Casa Blanca.  At about 6:00 P.M. on… Read More People v. Fabro G.R. No. 95089 August 11, 1997 Conspiracy, Treachery, Evident Premeditation, Confession, Constitutional RIghts of the Accused

— Criminal Law, Remedial Law —

People v. Chi Chan Liu a.k.a. Chan Que And Hui Lao Chung a.k.a. Leofe Senglao G.R. No. 189272, January 21, 2015 Variance Rule, Illegal Importation/Possession of Dangerous Drugs

April 20, 2021

FACTS: On December 3, 1998, SPO2 Paglicawan and SPO3 Yuzon received a message from the Barangay Captain of Ambil Island, Looc, that a suspicious looking boat was seen somewhere within the vicinity of said island.  The police officers immediately headed towards the specified location wherein they spotted a fishing boat and a speedboat anchored side… Read More People v. Chi Chan Liu a.k.a. Chan Que And Hui Lao Chung a.k.a. Leofe Senglao G.R. No. 189272, January 21, 2015 Variance Rule, Illegal Importation/Possession of Dangerous Drugs

— Criminal Law, Remedial Law —

Salapuddin v. CA G.R. No. 184681, February 25, 2013 Conspiracy, Extrajudicial Confession, Evidence

April 18, 2021

FACTS: Shortly after the adjournment of the day’s session in Congress, a bomb exploded near the entrance of the South Wing lobby of the House of Representatives (HOR) in the Batasan Complex which led to the death of Congressman Wahab Akbar, and four others, and the inflicting of serious injuries on seven other Representatives. The… Read More Salapuddin v. CA G.R. No. 184681, February 25, 2013 Conspiracy, Extrajudicial Confession, Evidence

— Criminal Law —

People v. Jaurigue C.A. No. 384 February 21, 1946 Defense of Honor

April 16, 2021

FACTS: Amado Capina had been courting Avelina Jaurigue in vain. On September 13, 1942, while Avelina was feeding a dog under her house, Amado approached her and spoke to her of his love, which she flatly refused, and he thereupon suddenly embraced and kissed her and touched her breasts, on account of which Avelina, resolute… Read More People v. Jaurigue C.A. No. 384 February 21, 1946 Defense of Honor

— Criminal Law, Remedial Law —

Republic v. Bolante et al. G.R. No. 186717 & 190357, April 17, 2017 R.A. 9160 (Anti Money Laundering Act of 2001), The “Fertilizer Fund Scam”, Forum Shopping, Res Judicata

April 12, 2021

FACTS: In April 2005, PNB submitted to the Anti-Money Laundering Council (AMLC) a series of suspicious transaction reports involving  the transfer by Livelihood Corporation (LIVECOR) to Molugan Foundation (Molugan) a total amount of ₱172.6 million in a span of 15 months from 2004 to 2005; the transfer by LIVECOR of ₱40 million to Assembly of… Read More Republic v. Bolante et al. G.R. No. 186717 & 190357, April 17, 2017 R.A. 9160 (Anti Money Laundering Act of 2001), The “Fertilizer Fund Scam”, Forum Shopping, Res Judicata

— Criminal Law —

Mariano v. People G.R. No. 224102, July 26, 2017 – J. Leonen, Justifying Circumstances, Defense of a Stranger

April 3, 2021

FACTS: On July 22, 2010, at around 9:45 p.m., Yuki Rivera punched Frederick Natividad’s head thinking that Natividad would tell Yuki’s aunt that he was selling marijuana. Natividad went to Yuki’s house to report the punching. At Yuki’s house, Natividad met petitioner Ryan Mariano and his common-law wife, Pamela. Later, Mariano stabbed Natividad twice, once… Read More Mariano v. People G.R. No. 224102, July 26, 2017 – J. Leonen, Justifying Circumstances, Defense of a Stranger

— Criminal Law —

Regalado v. People G. R. No. 216632, March 13, 2019 – J. Leonen, Sec. 21, R.A. 10640, Illegal Possession of Dangerous Drugs

April 1, 2021

FACTS: On December 17, 2002, a team of five police officers led by SPO2 Peñascosas, with designated poseur-buyer PO1 Pedrigal, conducted a buy-bust operation. At around 2:00 p.m. that day, PO1 Pedrigal went to Augusto Regalado’s house and asked Regalado’s wife, Marilyn, “Meron kayo ngayon, bibili ako?” Regalado was not home, hence, Marilyn asked her… Read More Regalado v. People G. R. No. 216632, March 13, 2019 – J. Leonen, Sec. 21, R.A. 10640, Illegal Possession of Dangerous Drugs

— Criminal Law, Remedial Law —

People v. Conrado Cacayan G.R. NO. 180499 July 9, 2008 Alibi, Rape

March 20, 2021

FACTS: Four Informations for rape were filed accusing appellant Conrado Cacayan of raping his eighteen (18)-year old daughter, AAA. The first incident was on May 13 1997, when AAA went out with appellant to gather rattan in the mountain wherein appellant succeeded in having carnal knowledge of AAA against her will, with his bolo pointed… Read More People v. Conrado Cacayan G.R. NO. 180499 July 9, 2008 Alibi, Rape

— Criminal Law —

People v. PO3 Borja – J. Leonen G.R. No. 199710, August 02, 2017 Kidnapping for Ransom

March 18, 2021

FACTS: PO3 Julieto Borja was charged of kidnapping punished under Article 2672 of the Revised Penal Code.  The accusatory portion of the information read: That on or about May 26, 2004, at or about 10:10 in the morning, at the vicinity of Brgy. Central, Diliman, Quezon City and within the jurisdiction of this Honorable Court,… Read More People v. PO3 Borja – J. Leonen G.R. No. 199710, August 02, 2017 Kidnapping for Ransom

— Criminal Law —

People v. ZZZ June 19, 2019 G.R. No. 229862 -J. Leonen Statutory Rape

March 13, 2021

FACTS: An Information was filed against ZZZ charging him with the crime of rape  under Article 266-A, in relation to 266-B of the Revised Penal Code: That on or about 11:00 o’clock (sic) on the morning of the 12th day of April 2006, in the City of xxxxxxxxxxx, Philippines and within the jurisdiction of this… Read More People v. ZZZ June 19, 2019 G.R. No. 229862 -J. Leonen Statutory Rape