PEOPLE VS. LUMAYA March 2018 Under varied field conditions, strict compliance with the requirements of Sec. 21, Art. II of R.A. No. 9165 may not always be possible; the IRR of R.A. No. 9165 which is now crystallized into statutory law with the passage of R.A. No. 10640 provides that the said inventory and photography… Read More Dangerous Drugs Cases resolved following the amendment of RA 9165 by RA 10640

FACTS: Petitioner Edmisael Lutap, A.K.A. “Egay”, frequently visits the house of AAA’s family, being the best friend of AAA’s father. Around 6:30 in the evening AAA, who was then only six (6) years old and her younger siblings, BBB and CCC, were watching television in their sala, together with petitioner, while their mother DDD was… Read More LUTAP v. PEOPLE G.R. No. 204061 February 5, 2018 Rape by Sexual Assault, Acts of Lasciviousness

FACTS: The group of the late Mayor Jorge Arreola of Buguey, Cagayan, arrived at the cockpit arena while the  accused Mario Tabaco was seated on the arm of the bench situated at the lower portion of the arena about more than three (3) meters away, from the place where the late Mayor and his group… Read More People v. Tabaco G.R. Nos. 100382-100385 March 19, 1997 Criminal Liability, Complex Crimes, Penalties, Delito Compuesto and Delito Complejo

FACTS: On the night of May 2, 2011, private complainant AAA was sleeping in her house together with her children, househelper and niece, when she was awakened at early dawn by the barking of the dog. FInding that there was no one inside their house, she went back to sleep.  She was again awakened when… Read More People v. Bringcula G.R. No. 226400, January 24, 2018 Elements of Robbery with Rape

FACTS: The victim was a 73-year-old widow, who lived on her own although she frequently slept at the house of her cousin Alberto, because accused-appellant had been harassing her and threatening her because she once reprimanded him after she caught him stealing fruits from her property. One day, the victim told Alberto that she was… Read More People v. Roland Miraña G.R. No. 219113, April 25, 2018 Defense of Insanity, Abuse of Superior Strength

FACTS: On 24 January 2004, at around 8:00 in the evening, private complainant AAA, a saleslady in a public market, was waiting for her cousin when Appellant, who worked in a fish stall in the market, approached her and offered to take her to her aunt’s house where she resided. AAA agreed since her cousin… Read More People v. Sandy Domingo G.R. No. 225743, June 7, 2017 Forcible Abduction with Rape, Sweetheart Defense

FACTS: On February 10, 2005, a confidential informant tipped SPO1 Mirasol that a certain Asaw, later identified as Acub, had been selling illegal drugs at Ayer Village.  A buy-bust operation against Asaw was thus planned. PO2 Cordero acted as the poseur-buyer, with PO3 Ajuji as back-up. Upon arriving at Ayer Village, the informant talked to… Read More People v. Gajir Acub a.k.a. “Asaw” G.R. No. 220456, June 10, 2019 R.A. 9165, Chain of Custody, Accused-Appellant Acquitted [J. Leonen]