Category: Criminal Law

— Criminal Law, Remedial Law —

Reyes v. People G.R. No. 232678, July 03, 2019 RA 9262, Psychological Violence, Sufficiency of the Information

January 10, 2021

FACTS: AAA and Esteban Donato Reyes were married and have four children, of whom only three are living, and who are all now of legal ages. Reyes was seldom at home since he used to render military service as a Philippine Air Force pilot, then as a commercial pilot for the Philippine Airlines, and later… Read More Reyes v. People G.R. No. 232678, July 03, 2019 RA 9262, Psychological Violence, Sufficiency of the Information

— Criminal Law —

Pilapil v. Ibay-Somera G.R. No. 80116 June 30, 1989 Adultery

December 15, 2020

FACTS: Petitioner Imelda Manalaysay Pilapil, a Filipino citizen, and private respondent Erich Ekkehard Geiling, a German national, were married before the Registrar of Births, Marriages and Deaths at Friedensweiler in the Federal Republic of Germany.  After about three and a half years of marriage, marital conflicts lead the private respondent obtained a decree of divorce… Read More Pilapil v. Ibay-Somera G.R. No. 80116 June 30, 1989 Adultery

— Constitutional Law, Criminal Law —

David v. Agbay G.R. No. 199113 March 18, 2015 Citizenship, Falsification of Public Documents under Art. 172 of the RPC

November 19, 2020

FACTS: In 1974, petitioner Renato M. David migrated to Canada and became a Canadian citizen by naturalization. Upon their retirement, petitioner and his wife returned to the Philippines.  Sometime in 2000, they purchased a 600-square meter lot along the beach in Oriental Mindoro where they constructed a residential house.  Later, they came to know that… Read More David v. Agbay G.R. No. 199113 March 18, 2015 Citizenship, Falsification of Public Documents under Art. 172 of the RPC

— Criminal Law —

People v. Oanis G.R. No. L-47722 July 27, 1943 Mistake in Identity, Mistake of Fact, Incomplete Justifying Circumstance

November 18, 2020

FACTS: Provincial Inspector Captain Godofredo Monsod received from Major Guido a telegram of the following tenor: “Information received escaped convict Anselmo Balagtas with bailarina and Irene in Cabanatuan get him dead or alive.”  Accordingly, Captain Monsod showed a copy of the above-quoted telegram and a picture of Balagtas to corporal Alberto Galanta, privates Nicomedes Oralo,… Read More People v. Oanis G.R. No. L-47722 July 27, 1943 Mistake in Identity, Mistake of Fact, Incomplete Justifying Circumstance

— Criminal Law —

CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATION and CRIMES AGAINST PUBLIC ORDER

October 24, 2020

Crimes Against National Security and Law of Nation Treason [Article 114] Committed by: A Filipino citizen An Alien residing in the Philippines (A person who owes allegiance to the Philippines whether perpetual or temporary) **It is a war crime. It cannot be committed in times of peace. How Committed: *Levy war against the Philippines *Adhere… Read More CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATION and CRIMES AGAINST PUBLIC ORDER

— Bar Q & A, Criminal Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CRIMINAL LAW UP LAW COMPLEX

October 16, 2020

CRIMINAL LAW  I. Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over the ownership of a parcel of land. One night, Roberto was so enraged that he decided to kill Ricardo. Roberto asked his best friend, Rafael, to lend him a gun and drive him to Ricardo’s house. Rafael knew about Roberto’s… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CRIMINAL LAW UP LAW COMPLEX

— Criminal Law —

People v. Silvestre and Atienza G.R. No. L-35748 December 14, 1931 Conspiracy to Commit Arson

October 1, 2020

FACTS: Silvestre Romana, wife of Domingo Joaquin, cohabited with co-defendant Martin Atienza in the barrio of Masocol, municipality of Paombong, Bulacan.  Domingo Joaquin filed a complaint for adultery. The two acused begged the municipal president of Paombong to to urge Domingo to withdraw the complaint. They promised to discontinue cohabitation, and not to live again… Read More People v. Silvestre and Atienza G.R. No. L-35748 December 14, 1931 Conspiracy to Commit Arson

— Criminal Law —

PEOPLE v. LIZADA G.R. No. 143468-71. January 24, 2003 Essential Elements of an Attempted Felony 

September 16, 2020

FACTS: Rose Orillosa met accused-appellant in 1994. They decided to live together as husband and wife. Rose has 3 children of her estranged husband Ricardo, namely Analia, who was born on December 18, 1985; Jepsy, who was 11 years old, and Rossel, who was nine years old. On November 5, 1998, at about 3:00 p.m.,… Read More PEOPLE v. LIZADA G.R. No. 143468-71. January 24, 2003 Essential Elements of an Attempted Felony