Author: pinayjurist

I am an aspiring lawyer and a civil servant. I do not own all the contents and I am grateful for the original authors who shared the product of their hard work on the internet.
— Criminal Law —

US vs. APOLONIO CABALLEROS G.R. No. 1352 March 29, 1905 Article 12 of the RPC, Irresistible Force

November 20, 2017

FACTS: The defendants have been sentenced by the CFI of Cebu to the penalty of seven years of presidio mayor as accessories after the fact in the crime of assassination or murder perpetrated on the persons of the American school-teachers , because, without having taken part in the said crime as principals or as accomplices,… Read More US vs. APOLONIO CABALLEROS G.R. No. 1352 March 29, 1905 Article 12 of the RPC, Irresistible Force

— Criminal Law —

U.S. vs. Phelps G.R. No. L-5728 August 11, 1910 Instigation or Inducement

November 20, 2017

FACTS: Internal Revenue Agent Homer C. Smith induced one James O. Phelps to look for an opium den where he could smoke opium. Smith went to Phelps three times to convince the latter of his real desire to smoke opium. Because of Smith’s insistence, Phelps made efforts to look for a place where both of… Read More U.S. vs. Phelps G.R. No. L-5728 August 11, 1910 Instigation or Inducement

— Criminal Law —

PEOPLE vs. MACATANDA G.R. No. L-51368 November 6, 1981 Mitigating Circumstance, Lack of Instruction

November 20, 2017

FACTS: Saglala Macatanda was found guilty beyond reasonable doubt of the crime of Cattle Rustling penalized under PD No. 533. From the judgment of conviction, he appealed direct to this Court. In the evening of December 25, 1976, complainant left his two carabaos near his house in Salug, Sapad, Lanao del Norte. the following morning,… Read More PEOPLE vs. MACATANDA G.R. No. L-51368 November 6, 1981 Mitigating Circumstance, Lack of Instruction

— Criminal Law —

PEOPLE vs. FORMIGONES G.R. No. L-3246 November 29, 1950 Parricide, Feeblemindedness, Imbecility, Article 12 of the RPC

November 20, 2017

FACTS: Late in the afternoon, Julia was sitting at the head of the stairs of the house. The accused, without any previous quarrel or provocation whatsoever, took his bolo from the wall of the house and stabbed his wife, Julia, in the back, the blade penetrating the right lung and causing a severe hemorrhage resulting… Read More PEOPLE vs. FORMIGONES G.R. No. L-3246 November 29, 1950 Parricide, Feeblemindedness, Imbecility, Article 12 of the RPC

— Criminal Law —

US vs. VICENTILLO G.R. No. L-6082 March 18, 1911 19 PHIL 118 Lawful or Insuperable Cause, Illegal and Arbitrary Detention

November 20, 2017

FACTS: The defendant in this case was found guilty in the court below of the crime of “illegal and arbitrary detention” of the complaining witness for a period of three days, and sentenced to pay a fine of 625 pesetas, with subsidiary imprisonment in case of insolvency, and to pay the costs of the trial.… Read More US vs. VICENTILLO G.R. No. L-6082 March 18, 1911 19 PHIL 118 Lawful or Insuperable Cause, Illegal and Arbitrary Detention

— Criminal Law —

US vs. Knight G.R. No. 8561 December 4, 1913 26 Phil 216 Reckless Negligence resulting in Homicide

November 20, 2017

FACTS: This is an appeal from a judgment of the CFI of Manila convicting the defendant and appellant of reckless negligence resulting in homicide. About 3.30 in the afternoon of the 13th of September, 1912, the defendant, a chauffeur in the employ of the quartermaster’s department of the United States Army, was proceeding in charge… Read More US vs. Knight G.R. No. 8561 December 4, 1913 26 Phil 216 Reckless Negligence resulting in Homicide

— Criminal Law —

PEOPLE vs. BANDIAN G.R. No. 45186 September 30, 1936 Infanticide, Article 12 Exempting Circumstances

November 20, 2017

FACTS: At About 7 in the morning of January 31, 1936, Valentine Aguilar, the apellant’s neighbor, saw the appelant go to the thicket about four or five brazas from her house, apparently to respond to a call of nature because it was there that the people of the place used to go for that purpose.… Read More PEOPLE vs. BANDIAN G.R. No. 45186 September 30, 1936 Infanticide, Article 12 Exempting Circumstances

— Constitutional Law —

PEOPLE OF THE PHILIPPINES vs. ARMANDO GALLARDO y GANDER et. al. G.R. No. 113684 January 25, 2000 Independent and Competent Counsel

November 17, 2017

  FACTS: On July 28, 1991, the lifeless body of Edmundo Orizal was found in the rest house of Ronnie Balao. The victim was found to have sustained seven (7) gunshot wounds in the chest, abdomen, back, left and right thighs, and two (2) grazing wounds on the left arm and back. Investigation by the… Read More PEOPLE OF THE PHILIPPINES vs. ARMANDO GALLARDO y GANDER et. al. G.R. No. 113684 January 25, 2000 Independent and Competent Counsel

— Constitutional Law, Remedial Law —

People vs. Plaza G.R. No 176933 Oct. 2, 2009 Right to Bail

November 16, 2017

  FACTS: Raising only questions of law, the People’s petition for review on certiorari assails the Decision of the CA which affirmed the Order of the RTC fixing bail for the temporary liberty of Luis Bucalon Plaza who was indicted for Murder. The defense contended that in view of Judge Buyser’s ruling that the prosecution… Read More People vs. Plaza G.R. No 176933 Oct. 2, 2009 Right to Bail

— Constitutional Law —

Ong vs Sandiganbayan G.R. No. 126858 Sept. 16, 2005 Presumption of Innocence, Forfeiture Proceedings

November 16, 2017

FACTS: Congressman Bonifacio H. Gillego executed a Complaint-Affidavit, claiming that petitioner Jose U. Ong, then Commissioner of the BIR, has amassed properties worth disproportionately more than his lawful income. Ong submitted an explanation and analysis of fund sourcing, reporting his net worth covering the calendar years 1989 to 1991 and showing his sources and uses… Read More Ong vs Sandiganbayan G.R. No. 126858 Sept. 16, 2005 Presumption of Innocence, Forfeiture Proceedings