Criminal Law

2014 Case Digest: People v. Feliciano

PEOPLE OF THE PHILIPPINES, Plaintiff-appellee, vs. DANILO FELICIANO, JR., JULIUS VICTOR MEDALLA, CHRISTOPHER SOLIVA, WARREN L. ZINGAPAN, and ROBERT MICHAEL BELTRAN ALVIR, Accused-appellants. G.R. No. 196735               May 5, 2014     PONENTE: Leonen TOPIC: right to be informed of their offenses, disguise, res gestae, treachery   FACTS: On December 8, 1994, at around 12:30 to […]

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Salient Provisions of Children’s Safety on Motorcycles Act of 2015

Salient Provisions of Children’s Safety on Motorcycles Act of 2015

Republic Act No. 10666 or the Children’s Safety on Motorcycles Act of 2015 was enacted to provide a more proactive and preventive approach in securing the safety of passengers, especially children, by regulating the operation of motorcycles along roads and highways. DEFINITION OF TERMS Motorcycle – Any two (2)-wheeled motor vehicle having one  or two […]

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Criminal Law Notes: Concubinage

ACTS PUNISHED By keeping a mistress in the conjugal dwelling; or By having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or By cohabiting with her in any other place   ELEMENTS That the man must be married That he committed any of the said acts That as regards the […]

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Criminal Law Notes: Adultery

ELEMENTS That the woman is married. That she has sexual intercourse with a man not her husband That as regards the man with whom she has sexual intercourse, he must know her to be married.   NATURE Instantaneous crime. It is consummated and completed at the moment of the carnal union. Each sexual intercourse constitutes […]

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2014 Case Digest: People v. Jumawan

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. EDGAR JUMAWAN, Accused-Appellant. G.R. No. 187495               April 21, 2014     PONENTE: Reyes TOPIC: Marital rape   FACTS:                 Accused-appellant and his wife, KKK, were married and have four children.                 On February 19, 1999, KKK executed a Complaint-Affidavit, alleging that her husband, the accused-appellant, raped her at 3 […]

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2015 Case Digest: Ricalde v. People

RICHARD RICALDE, Petitioner, v.  PEOPLE OF THE PHILIPPINES, Respondent. G.R. No. 211002      January 21, 2015     PONENTE: Leonen TOPIC: Rape through sexual assault, gender-free rape, homosexual rape, variance doctrine   FACTS:                 On January 30, 2002, at around 2:00 a.m., XXX, then 10 years old, woke up as “he felt pain in his anus […]

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2014 Case Digest: People v. Petrus and Susana Yau

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs PETRUS YAU a.k.a. “John” and “Ricky” and SUSANA YAU y SUMOGBA a.k.a. “Susan”, Accused-Appellants. G.R. No. 208170               August 20, 2014     PONENTE: Mendoza TOPIC: Kidnapping for ransom   FACTS:                 On January 20, 2004, at around 1:30 in the afternoon, private complainant Alastair Onglingswam, who is a practicing […]

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2014 Case Digest: Ombudsman v. Caberoy

OFFICE OF THE OMBUDSMAN, Petitioner, vs. CYNTHIA E. CABEROY, Respondent. G.R. No. 188066               October 22, 2014     PONENTE: Reyes TOPIC: Oppression (administrative) and Sec. 3(e) and (f) of RA 3019 or the “Anti-Graft and Corrupt Practices Act”   FACTS:                 Caberoy is the principal of Ramon Avanceña National High School (RANHS) in Arevalo, Iloilo […]

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2014 Case Digest: People v. Cahilig

PEOPLE OF THE PHILIPPINES, Appellee, TRINIDAD A. CAHILIG, Appellant. G.R. No. 199208               July 30, 2014   PONENTE: Carpio TOPIC: Qualified Theft   FACTS:                 Cahilig worked as cashier at Wyeth Philippines Employees Savings and Loan Association, Inc. (WPESLAI). She was tasked with handling, managing, receiving, and disbursing the funds of the WPESLAI.                 It was […]

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Case Digest: Belbis, Jr. and Brucales vs People

Rodolfo Belbis jr. and Alberto Brucales vs. People of the Philippines G.R. No. 181052; 14 November 2012 PONENTE: Peralta SUBJECT: Homicide   FACTS:   Version of the Prosecution: Jose Bahillo (Jose), the victim, was a Barangay Tanod of Sitio Bano, Barangay Naga, Tiwi, Albay. On the night of December 9, 1997, Jose left his house […]

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