Uber Digests | Criminal Law
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Criminal Law

Amada Resterio vs People of the Philippines

Notice of dishonor must be in writing; verbal notice is not sufficient If notice was sent via registered mail, the affidavit of the mailer must be submitted in court […]

October 23, 2015

Victor Que vs People of the Philippines

154 SCRA 161 – Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Checks issued as guarantee In 1986, Victor Que was convicted of violating Batas Pambansa […]

October 22, 2015

Jesse Young vs Court of Appeals

Sending of a demand letter is not a condition precedent in prosecuting BP 22 cases But Notice of Dishonor is indispensable Notice of Dishonor may be through telephone 453 […]

October 22, 2015

People of the Philippine Islands vs Koc Song

63 Phil. 369 – Criminal Law – Qualified Theft – Grave Abuse of Confidence In January 1936, Koc Song stole various personal properties from Lue Hok. The personal properties he […]

October 12, 2015

People of the Philippines vs Francisco Abarca

153 SCRA 742 – Criminal Law – Crimes Against Persons – Article 247 – Death Inflicted Under Exceptional Circumstances One day in 1984, Francisco Abarca, through a peephole, caught his […]

August 30, 2014

Lilia Organo vs Sandiganbayan

320 SCRA 684 – Criminal Law – Crimes Committed by Public Officers – Plunder; Jurisdiction Remedial Law – Jurisdiction of Courts – Jurisdiction of the Sandiganbayan In 1996, an Information was […]

August 30, 2014

Arnel Sison vs People of the Philippines

666 SCRA 645 – Criminal Law – Crimes Against Persons – Rape; Qualified Rape Crimes Against Public Order – P.D. 1866 – Illegal Possession of Firearms One evening in April 2003, […]

August 28, 2014

Reynaldo Bayot vs Sandiganbayan

128 SCRA 383 – Criminal Law – Crimes Committed By Public Officers – RA 3019 – Preventive Suspension Not a Penalty Reynaldo Bayot was an auditor for the Commission on […]

August 27, 2014

Arturo Romera vs People of the Philippines

434 SCRA 467 – Criminal Law – Mitigating Circumstances – Article 64, Revised Penal Code – Presence of two mitigating circumstances; no aggravating circumstances – Combining the mitigating circumstances in […]

August 22, 2014

People of the Philippines vs Jose De Guzman

45 SCAD 173 – Criminal Law – Continuing Crimes – Fencing is not a continuing crime In 1985, a robbery was committed in Quezon City where jewelries worth millions were […]

August 20, 2014

Arsenia Garcia vs Court of Appeals

484 SCRA 617 – Criminal Law – Felonies – Mala In Se vs Mala Prohibita Crimes – Defense of Good Faith In 1995, Aquilino Pimentel, Jr., ran for the senatorial […]

August 18, 2014

People of the Philippines vs Orlito Villacorta

657 SCRA 270 – Criminal Law – Criminal Liability – Proximate Cause – Efficient Intervening Cause On January 22, 2002, Danilo Cruz went to a sari-sari store to buy bread. […]

May 23, 2014

Rose Aoas vs People of the Philippines

547 SCRA 311 – Remedial Law – Evidence – Circumstantial Evidence; when may it be used to uphold conviction In October 1992, Naty Madon-ep, a businesswoman engaged in the selling […]

May 5, 2014

James Capili vs People of the Philippines

700 SCRA 443 – Civil Law – Family Code – Void Marriages – A Void 2nd Marriage is not a Defense in Bigamy Criminal Law – Bigamy – Elements In […]

May 1, 2014

Vincent Mercado vs Consuelo Tan

337 SCRA 122 (391 Phil. 809) – Civil Law – Family Code – Void Marriages – Need for Judicial Declaration of Nullity Before Remarriage Criminal Law – Bigamy – Elements […]

May 1, 2014

People of the Philippines vs Dominador Cachola et al

420 SCRA 520 – Criminal Law – Qualifying Circumstance; Treachery – Aggravating Circumstance; Ignominy – Accomplices; Elements At around 6pm on December 28, 1999, in Bauang, La Union, two armed men entered […]

April 15, 2014

People of the Philippines vs Pablo Somera

83 Phil 548 – Criminal Law – Justifying Circumstance – Self-Defense In March 1945, Felix Somera, his two children, and their houseboy were on their way home when they were […]

April 12, 2014

Sergio Beninsig vs People of the Philippines

524 SCRA 320 – Criminal Law – Justifying Circumstances – Self-defense – Burden of Proof In January 1996, in Bauang, La Union, Federico Calica and Romeo Calica approached a group […]

April 12, 2014

Syed Azhar Abbas vs Gloria Goo-Abbas

689 SCRA 646 (109 OG 7469) – Civil Law – Family Code – Bigamy – Void Ab Initio Marriage – Lack of a Marriage License Remedial Law – Evidence – […]

February 12, 2014

Sally Go-Bangayan vs Benjamin Bangayan, Jr.

Civil Law – Family Code – Marriage – Bigamy – Non-existent marriage In September 1979, Benjamin Bangayan, Jr. married Azucena Alegre. In 1982, while Alegre was outside the Philippines, Benjamin […]

February 11, 2014

2013 Criminal Law Exam MCQs

[Below are the Multiple Choice Questions asked in the 2013 Bar Exams in Labor Law. ] 1. The acquittal of an accused shall bar the civil action arising from the […]

October 29, 2013

2013 Criminal Law Exam Essay Questions

I. Bruno was charged with homicide for killing the 75-year old owner of his rooming house. The prosecution proved that Bruno stabbed the owner causing his death; and that the […]

October 29, 2013

The United States vs Jose Junio

Criminal Law – Remedial Law – Constitutional Law – Right to Remain Silent  Jose Junio pleaded not guilty to a criminal case. After that, the judge required him to file […]

October 21, 2013

The United States vs Geronimo Luzon

Criminal Law – Remedial Law – Constitutional Law – Right to Remain Silent In November 1900, three people went missing in Marilao, Bulacan. Two of the three missing persons reappeared […]

October 20, 2013

Esmeraldo Rivera vs People of the Philippines

480 SCRA 188 – Criminal Law – Mens Rea – Criminal Intent – Intent to Kill Victim, Ruben went to a nearby store to buy food. Accused Rivera was in […]

July 3, 2013

John Eric Loney vs People of the Philippines

Criminal Law – Mala In Se vs Mala Prohibita Marcopper Mining has been storing mine tailings from its operations. At the base of the pit, there is a drainage that […]

July 3, 2013

Atty. Rodolfo Pactolin vs Fourth Division of the Sandiganbayan

Criminal Law – Falsification By Public Officer – Sandiganbayan Jurisdiction In 1996, a certain Elmer Abastillas sent a letter to Ozamis City Mayor Benjamin Fuentes acting the latter to donate […]

December 7, 2012

Feliciano Maniego vs People of the Philippines

88 Phil 494 – Law on Public Officers – “Public Officer” and “Public Employee” the same for Purposes of the Penal Code  Feliciano Maniego was employed as a  laborer to […]

November 26, 2012
 

People of the Philippines vs Atty. Raul Sesbreno

130 SCRA 465 – Legal Ethics – Libelous Conduct – Duty of Lawyers to Fellow Lawyers  Atty. Sesbreno and Atty. Ramon Ceniza are opposing counsels in a civil case. At […]

September 4, 2012

United States vs Eusebio Clarin

7 Phil 504 – Business Organization – Partnership, Agency, Trust – Co-Partner’s Liability – Misappropriation  Sometime before 1910, Pedro Larin formed a partnership with Pedro Tarug, Eusebio Clarin and Carlos […]

July 18, 2012
 

Nenita Suroza vs Honrado

110 SCRA 388 – Succession – Will Should be Written in a Language Known to the Testator  In 1973, Marcelina Suroza supposedly executed a notarial will bequeathing her house and […]

July 17, 2012
 

Criminal Law MCQs

  This is Set A of the 2011 Bar Exams on Criminal Law. There are 75 questions in all. The answers are bolded.   1.  Isabel, a housemaid, broke into […]

April 9, 2012

Marlyn Lazaro vs Court of Appeals

227 SCRA 723 – Mercantile Law – Negotiable Instruments Law – Purpose of BP 22  Marlyn Lazaro, a businesswoman, was paid by Rudy Chua a check worth P90,000.00 so that […]

March 15, 2012

Manuel Martinez vs Jesus Morfe

44 SCRA 22 – Political Law – The Legislative Department – Immunity from Arrest under the 1935 Constitution Manuel Martinez and Fernando Bautista, Sr. were delegates to the 1972 Constitutional Convention. Both were facing criminal prosecutions. […]

January 2, 2012

People of the Philippines vs Pedro Manayao

78 Phil. 721 – Political Law – Citizenship – Defense of State – Treason Pedro Manayao was a member of the Makapili (a group of Filipino traitors aiding the Japanese […]

December 2, 2011
 

People of the Philippines vs Edgardo Borbon

425 SCRA 178 – Criminal Law – Aggravating Circumstance – Treachery – Evident Premeditation On July 17, 1995, Edgardo Barbon was drunk and he announced he “wanted to kill”. He then […]

August 6, 2011
 

People of the Philippines vs Jose Larry Colonia

403 SCRA 713 – Criminal Law – Aggravating Circumstance – When Treachery is Not Present On January 2, 1994, at around 1:45 pm in the morning, Leonardo Mallari and a certain […]

August 6, 2011
 

People of the Philippines vs Willie Almedilla

409 SCRA 428 – Criminal Law – Aggravating Circumstance – Treachery – Hitting Behind the Back – Killing After an Altercation On July 3, 1997, Ruel Barela, a manager at a […]

August 6, 2011
 

People of the Philippines vs Luciano de Guzman

416 SCRA 341 – Criminal Law – Aggravating Circumstance – Treachery Absorbs other Selected Circumstances At around 8 pm on March 9, 1992, Luciano de Guzman and two others entered the […]

August 6, 2011
 

People of the Philippines vs Liberato Solamillo

404 SCRA 211 – Criminal Law – Aggravating Circumstance – Band – Cruelty On March 3, 1994, Aleli Guiroy went to open their bakery and grocery store. She could not open […]

August 6, 2011
 

People of the Philippines vs Romeo Manluctao

404 SCRA 580 – Criminal Law – Aggravating Circumstance – Relationship Romeo Manluctao was charged for the rape of his own daughter, Marcelina Manluctao. He was positively identified by his daughter who was […]

August 4, 2011
 

People of the Philippines vs Francisco Dacillo

427 SCRA 528 – Criminal Law – Aggravating Circumstance – Recidivism – Aggravating Circumstance/s must be alleged in the Information One drizzly night, Rosemarie Tallada was seen standing near a bridge waiting for […]

August 4, 2011
 

People of the Philippines vs Amadeo Acaya

327 SCRA 269 – Criminal Law – Aggravating Circumstance – Taking Advantage of Public Position On June 20, 1988, around 11:30 pm in Basco, Batanes, Acaya arrived in a baptismal party. […]

August 4, 2011
 

People of the Philippines vs Ernesto Holzer

336 SCRA 319 – Criminal Law – Crimes Against Property – Elements of Estafa Holzer was accused of Estafa because he borrowed P100k from Forster. As security, he then issued a […]

August 3, 2011
 

People of the Philippines vs Bienvenido de la Cruz

Criminal Law – Aggravating Circumstance – Evident Premeditation On December 25, 1996, Timgas joined a cockfight. He let his brother-in-law de la Cruz install the gaff on his game cock. Unknown […]

August 1, 2011
 

People of the Philippines vs Rufino Mallari

404 SCRA 170 – Criminal Law – Aggravating Circumstance – Use of Motor Vehicle On July 7, 1996 at 4 pm, Joseph Galang admonished Mallari for driving so fast in front […]

July 24, 2011
 

People of the Philippines vs Roger Roxas

Criminal Law – Aggravating Circumstance – Abuse of Superior Strength On March 8, 1996, Roxas,a policeman was looking for something. He then confronted a certain Lorna Puno, thereafter, from the outside […]

July 24, 2011
 

People of the Philippines vs Julio Ocumen

December 2, 1999, Criminal Law Aggravating Circumstance – Abuse of Superior Strength On October 28, 1989, Ocumen had a heated argument with Espanto and Bibat during a wedding celebration. Ocumen […]

July 24, 2011
 

Simangan vs People of the Philippines

July 8, 2004, Criminal Law Aggravating Circumstance – Cruelty – Number of Stab Wounds On February 10, 1980 at about 8 pm, Simangan and four other men wearing fatigues knocked […]

July 24, 2011
 

People of the Philippines vs Elizalde Faco

September 16, 1999, Criminal Law Aggravating Circumstance – Use of Motor Vehicle On August 8, 1993, Faco was tasked to fetch Lenny Gatalan, a cashier in a bakery. But Faco […]

July 24, 2011
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