Category: Criminal Law

— 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

— Criminal Law —

People of the Philippines vs. Bienvenido Nocum G.R. No. L-482 February 25, 1947 Homicide, Reckless Imprudence

November 16, 2017

FACTS: About 9 o’clock in the evening of November 21, 1945, there was a fistic fight between Federico Bautista and Vicente Aurencio at the corner of Mayhaligue and Magdalena Streets, City of Manila. Desiring to stop the encounter, defendant shouted at the combatants. As these paid him no attention, he drew a .45 caliber pistol… Read More People of the Philippines vs. Bienvenido Nocum G.R. No. L-482 February 25, 1947 Homicide, Reckless Imprudence

— Criminal Law —

People of the Philippines vs. Manolito Oyanib y Mendoza G.R. Nos. 130634-35 March 12, 2001 Absolutory Cause, Article 247 RPC

November 10, 2017

FACTS: Due to marital differences, Manolito and Tita separated, with Manolito keeping custody of their two (2) children. Tita rented a room at the second floor of the house of Edgardo Lladas Despite their separation, Manolito tried to win Tita back and exerted all efforts towards reconciliation. However, Tita was very reluctant to reconcile with Manolito. In… Read More People of the Philippines vs. Manolito Oyanib y Mendoza G.R. Nos. 130634-35 March 12, 2001 Absolutory Cause, Article 247 RPC

— Criminal Law —

PENALTIES UNDER THE RPC, INDETERMINATE SENTENCE LAW and the PROBATION LAW

November 9, 2017

PENALTIES UNDER THE REVISED PENAL CODE (and the Indeterminate Sentence Law and the Probation Law) by: ATTY. JAY NAKAO Silliman University   READ ARTICLES 21 TO 88 BUT SKIP ARTICLE 48 – include RA 9346, Indeterminate Sentence Law, Probation Law   1.           People vs. De la Cruz, No. L-45485, September 19, 1978, 85 SCRA 285… Read More PENALTIES UNDER THE RPC, INDETERMINATE SENTENCE LAW and the PROBATION LAW