Category: Criminal Law

— Criminal Law —

PEOPLE vs. OPIANA G.R. No. 200797 January 12, 2015 R.A. No. 9165, Illegal sale and possession of dangerous drugs

July 10, 2018

FACTS: Appellant Manolito Opiana was charged with the crimes of violations of Section 5 (sale of illegal drugs; 0.05 gram) and Section 11 (possession of dangerous drugs; 0.74 gram) of R.A. 9165 in a buy-bust operation on appellant who was reportedly engaged in illegal drug trade. Appellant was apprehended and when bodily frisked, 19 heat-sealed… Read More PEOPLE vs. OPIANA G.R. No. 200797 January 12, 2015 R.A. No. 9165, Illegal sale and possession of dangerous drugs

— Criminal Law —

PEOPLE v. AMARELA and RACHO G.R. No. 225642-43 January 17, 2018 Rape, The “women’s honor” doctrine

June 20, 2018

FACTS:   [AAA] is single, a housekeeper and a resident of  Davao City. [AAA] testified that on February 10, 2009, at around 6:00 o’clock in the evening, she was watching a beauty contest with her aunt at a basketball court where a make-shift stage was put up. The only lights available were those coming from… Read More PEOPLE v. AMARELA and RACHO G.R. No. 225642-43 January 17, 2018 Rape, The “women’s honor” doctrine

— Constitutional Law, Criminal Law —

Malana vs. People G.R. No. 173612 March 26, 2008 Equipoise Rule

May 2, 2018

  FACTS: The petitioners Dominador and Rodel, together with their acquitted co-accused Elenito, were charged with the crime of murder and multiple frustrated murder before the RTC. The charges stemmed from an incident that left Betty dead, and her daughter Suzette and granddaughter injured. The appellants pleaded not guilty during the arraignment. Vicente, the husband… Read More Malana vs. People G.R. No. 173612 March 26, 2008 Equipoise Rule

— Civil Law, Criminal Law —

Capili vs. People G.R. No. 183805, July 03, 2013 Bigamy

January 27, 2018

FACTS: Petitioner was charged with the crime of bigamy before the RTC. Petitioner thereafter filed a Motion to Suspend Proceedings alleging that: (1) there is a pending civil case for declaration of nullity of the second marriage before the RTC of Antipolo City filed by Karla Y. Medina-Capili; (2) in the event that the marriage… Read More Capili vs. People G.R. No. 183805, July 03, 2013 Bigamy

— Criminal Law —

Abdulla vs. People G.R. NO. 150129 April 6, 2005 Malversation, Criminal Intent

January 27, 2018

FACTS: Convicted by the Sandiganbayan of the crime of illegal use of public funds, appellant Abdulla is before the Court on petition for review under Rule 45. Appellant’s co-accused, Aguil and Darkis, were both acquitted.  Only appellant was found guilty and sentenced by the Sandiganbayan. Upon motion for reconsideration, the Sandiganbayan amended appellant’s sentence by… Read More Abdulla vs. People G.R. NO. 150129 April 6, 2005 Malversation, Criminal Intent

— Criminal Law —

PEOPLE versus DE LA CRUZ G.R. No. 182348 November 20, 2008 R.A. 9165

January 26, 2018

FACTS: This is an appeal from the Decision of the RTC finding the accused- appellant Carlos Dela Cruz guilty beyond reasonable doubt of violation of Section 11(2) of Republic Act No. (RA) 9165 or The Comprehensive Dangerous Drugs Act of 2002 for having in his possession, direct custody and control one (1) heat-sealed transparent plastic… Read More PEOPLE versus DE LA CRUZ G.R. No. 182348 November 20, 2008 R.A. 9165

— Criminal Law —

PEOPLE vs. DEL MONTE G.R. No. 179940 April 23, 2008 Section 21 of Republic Act No. 9165

January 26, 2018

FACTS: Assailed before the Court is the Decision of the Court of Appeals which affirmed with modification the Decision of the RTC of Malolos, Bulacan, finding accused-appellant Norberto del Monte, a.k.a. Obet, guilty of violation of Section 5, Article II of Republic Act No. 9165, otherwise known as “Comprehensive Dangerous Drugs Act of 2002.” Appellant… Read More PEOPLE vs. DEL MONTE G.R. No. 179940 April 23, 2008 Section 21 of Republic Act No. 9165