Criminal Law

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

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

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

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

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

Criminal Law

People v. Ambatang March 29, 2017 G.R. No. 205855 J. Leonen Defense of Alibi

FACTS: According to the prosecution, on October 17, 2002, at around 10:30 p.m., Jennifer Vidal Mateo heard a barrage of stones hurled at their house. She peeked out of the window and saw accused-appellant King Rex Ambatang standing outside with a certain “Loui.” Melody Vidal Navarro immediately called barangay tanods, who then immediately went to… Read More People v. Ambatang March 29, 2017 G.R. No. 205855 J. Leonen Defense of Alibi

Criminal Law, Remedial Law

Lapi v. People G.R. No. 210731 Feb 13, 2019 -J. Leonen RA 9165, Warrantless Arrest

FACTS: On April 17, 2006, during a stake-out operation conducted in Purok Sigay, Barangay 2, Bacolod City, the operatives of the Bacolod City Anti-Illegal Drug Special Operation Task Group heard noises from one of the houses. PO2 Villeran “peeped through its window” they caught Simeon Lapi, Allen Sacare, and Kenneth Lim,  “having a pot session.”… Read More Lapi v. People G.R. No. 210731 Feb 13, 2019 -J. Leonen RA 9165, Warrantless Arrest

Criminal Law

PAVLOW v. MENDENILLA, G.R. No. 181489, April 19, 2017 -J.Leonen R.A. 9262, Protection Order

FACTS: On March 11, 2005, petitioner Steven Pavlow, an American citizen, married Maria Sheila Mendenilla, a Filipino, in civil rites in Quezon City.  Barely three (3) months into their marriage, Maria Sheila filed a Complaint-Affidavit against Pavlow for slight physical injuries, which was later amended to include maltreatment in relation to the Anti-VAWC Law as… Read More PAVLOW v. MENDENILLA, G.R. No. 181489, April 19, 2017 -J.Leonen R.A. 9262, Protection Order

Criminal Law

Aparente v. People G.R. No. 205695, September 27, 2017 J. Leonen R.A. 9165, Chain of Custody

FACTS: Jesus Aparente was charged with violation of R.A. 9165 for having in his custody and control 0.01 gram of white crystalline substance contained in one (1) heat-sealed transparent plastic sachet, which was found positive to the test for Methamphetamine hydrochloride, also known as shabu. Aparente pleaded not guilty upon arraignment. The trial court found… Read More Aparente v. People G.R. No. 205695, September 27, 2017 J. Leonen R.A. 9165, Chain of Custody

Criminal Law

Torres v. People G.R. No. 206627, January 18, 2017 J.Leonen R.A. 7610 Child Abuse defined

FACTS: CCC, AAA’s uncle, previously filed a complaint for malicious mischief against Van Clifford Torres, who allegedly caused damage to CCC’s multicab, which was witness by AAA.  CCC and AAA were at the barangay hall, waiting for the conciliation proceedings to begin when they chanced upon Torres who had just arrived from fishing.  Torres vehemently… Read More Torres v. People G.R. No. 206627, January 18, 2017 J.Leonen R.A. 7610 Child Abuse defined

Criminal Law

Bongalon v. People, G.R. No. 169533, March 20, 2013 R.A. No. 7610, Child Abuse, Slight Physical Injuries

FACTS: On May 11, 2002, Jayson Dela Cruz and Roldan, his older brother, both minors, joined the evening procession for the Santo Niño.  When the procession passed in front of the petitioner George Bongalon’s house, the latter’s daughter Mary Ann Rose, also a minor, threw stones at Jayson and called him “sissy”.  Petitioner confronted Jayson… Read More Bongalon v. People, G.R. No. 169533, March 20, 2013 R.A. No. 7610, Child Abuse, Slight Physical Injuries