Category: Criminal Law

— Criminal Law —

People vs. Galacgac CA 54 O.G. 1027 Criminal Law, Generality principle in Criminal Law

January 11, 2018

FACTS: On November 22, 1951, as a consequence of a shooting and beating spree which occurred in Sta. Cruz, Manila, Enrique Galacgac, a naturalized American Citizen and Paulino Galacgac were accussed of attempted parricide with physical serious injuries in Criminal Case NO. 19292 however, after trial Paulino  was acquitted.  Enrique was also charged with frustrated… Read More People vs. Galacgac CA 54 O.G. 1027 Criminal Law, Generality principle in Criminal Law

— Constitutional Law, Criminal Law —

People vs. Concepcion G.R. No. 178876 June 27, 2008 Constitutional Rights of the Accused, Custodial Investigation

December 4, 2017

  FACTS: On appeal before Us is the Decision of the CA which affirmed in toto the decision of the RTC, convicting accused-appellants Alfredo Concepcion Clemente and Henry Concepcion Clemente of Violation of Section 5, Article II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. They were charged… Read More People vs. Concepcion G.R. No. 178876 June 27, 2008 Constitutional Rights of the Accused, Custodial Investigation

— Criminal Law —

People vs. Martin Simon G.R. No. 93028 July 29, 1994 Sale of Prohibited Drugs

November 28, 2017

FACTS: Accused Martin Simon was charged with a violation of Section 4, Article II of Republic Act No. 6425 or the Dangerous Drugs Act of 1972. He sold tea bags of marijuana to a Narcotics Command (NARCOM) poseur-buyer. The confiscated 4 tea bags, weighing a total of 3.8 grams, when subjected to laboratory examination, were… Read More People vs. Martin Simon G.R. No. 93028 July 29, 1994 Sale of Prohibited Drugs

— Criminal Law —

People vs. Rogado G.R. No. L-13025 December 29, 1959 Article 12 of the RPC, Exempting Circumstance of Uncontrollable Fear

November 27, 2017

FACTS: On July 12, 1956, Salvador Areza, a farmer residing in Lilio, Laguna, left his house carrying with him a bolo on lots scabbard to gather firewood in his farm in barrio Bubukal. When he failed to return home that day, his wife Lydia Nudal went out to search for him. She was accompanied by… Read More People vs. Rogado G.R. No. L-13025 December 29, 1959 Article 12 of the RPC, Exempting Circumstance of Uncontrollable Fear

— Criminal Law —

Padua vs. People July 28, 2008 R.A. No. 9344, R.A. No. 9165, Probation Law

November 24, 2017

FACTS: The accused, Edgar Allan Ubalde and Michael Padua, a minor, seventeen (17) years old, sold, delivered and gave away to PO1 Roland A. Panis, a police poseur-buyer, one (1) folded newsprint containing 4.86 grams of marijuana. Padua’s counsel manifested that his client was willing to withdraw his plea of not guilty and enter a… Read More Padua vs. People July 28, 2008 R.A. No. 9344, R.A. No. 9165, Probation Law

— Criminal Law —

DECLARADOR vs. GUBATON G.R. No. 159208 August 18, 2006 R.A. No. 9344

November 24, 2017

FACTS: Frank Bansales, 17 yrs old at the time of the commission of the crime, attacked, assaulted and stabbed with a knife his teacher, YVONNE DECLARADOR, thereby hitting and inflicting upon the latter multiple fatal stab wounds in the different parts of the body which caused her immediate death. The charge against Bansales was murder… Read More DECLARADOR vs. GUBATON G.R. No. 159208 August 18, 2006 R.A. No. 9344

— Criminal Law —

Ty vs. People G.R. No. 149275, September 27, 2004 B.P. 22, Exempting Circumstance of Uncontrollable Fear, Justifying Circumstance of State of Necessity

November 20, 2017

FACTS: Ty’s mother was confined in Manila Doctor’s Hospital to which a medical bill amounting to 600,000 pesos was made to be paid to TY, after signing a contract of responsibility with the hospital. Ty, issued 7 checks to cover the said expenses, all of which were dishonored for being drawn against a closed a… Read More Ty vs. People G.R. No. 149275, September 27, 2004 B.P. 22, Exempting Circumstance of Uncontrollable Fear, Justifying Circumstance of State of Necessity

— Criminal Law —

People vs. Segundino Valencia, et. al. G.R. No. 143032, October 14, 2002 Entrapment vs. Instigation (Absolutory Causes)

November 20, 2017

  FACTS: SPO1 Facto and an informant pretended to wait for Johnny Tadena for them to buy drugs. When SPO1 Facto had the drugs after clear examination which he saw are white contents, he signaled his companions that the transaction had been consummated and they caught the accused. Thus, accused-appellants Segundino Valencia, Johnny Tadena and… Read More People vs. Segundino Valencia, et. al. G.R. No. 143032, October 14, 2002 Entrapment vs. Instigation (Absolutory Causes)

— Criminal Law —

People vs. Pacis G.R. No. 146309, July 18, 2002 Objective Test to determine validity of buy bust, Entrapment, Instigation

November 20, 2017

FACTS: On April 6, 1998, Atty. Jose Justo S. Yap, supervising agent of the Dangerous Drugs Division-National Bureau of Investigation, received information that a certain Roberto Mendoza Pacis was offering to sell one-half (1/2) kilogram of methamphetamine hydrochloride or “shabu” for the amount of P950.00 per gram or a total of P475,000.00. The NBI Chief… Read More People vs. Pacis G.R. No. 146309, July 18, 2002 Objective Test to determine validity of buy bust, Entrapment, Instigation