Crim cases
Villareal vs alega 713 scra 52, jan 13, 2014
- acquittal or dismissal can only be appealed by sol gen acting on behalf of the state
- only solgen can raise certiorari against such decision
- double jeoppardy exceptions: (1) there has been ddeprivation of due process and
when there is mistrial, (2) grave abuse of discretion under exceptional
circumstances
World wide web corporation vs pp 713 scra 18, jan 13, 2014
-an application for search warrant is not criminal action but a judicial process,
conducted as an incident in a crim case already filed or in anticipation of one yet to
be filed
-search warrant applied for in anticipation of a crim case to be filed then the crim
case is filed Ends judicial process
-use of PLDT facilities without consent is theft of telephone services and business,
citing Laurel vs abrogar 576 scra 41
-trial judges determine probable cause in the exercise of their judicial functions.
Finding of probable cause is accorded respect by higher court when there is
substantial basis
-order quashing search warrant issdued independently prior to filing of crim case
partakes of a final order that can be the proper subject of an appeal
Pp vs aquino, 714 scra, jan 15, 2014
- life imprisonment for carnapping has long been replaced with perpetua to death,
RA 7659
- nomenclature of rpc = use rpc
- to prove carnapping with homicide, prove carnapping + original design of culprit
and killing was perpetrated in the course or on ocassion of carnapping
- when death occurs due to a crime, following damages: civil damages ex delicto,
actual, moral, exemplary, temperate
Tua vs mangubang 714 scra 428, VAWC
-issuance of BPO merely order perpetrator to desist from causing physical harm to
the womnan or her child, threatening to cause the woman or her child physical
harm, such function is purely executive in nature in pursuance of his duty under the
LGC to enforce all laws and ordinances and to maintain public order in the brgy
- court authorized to issue TPO on date of application after ex parte determination
that there is basis of issuance thereof
Dr encarnacion lumantas vs hans kalages, jan 15, 2014, gr. 163753
Issue: WON CA erred in affirming petitioner's civil liability despite his acquittal of the
crime of reckless impruidence resulting in serious physical injuries?
- every person criminally liable is also civilly liable. Nevertheless, acquittal does not
necessarily extinguish civil liability
- two kinds of acquittal: (1) on the ground is not the author of the act or omission -
closes door to civil liability, and (2) based on reasonable doubt - not exempt from
civil liability
- in case of acquittal, judgment shall state whether the evidence of the prosecution
absolutely fails to prove guilt or merely failed to prove guilt beyond reasonable
doubt
- -finality of acquittal doctrine, citing pp vs ca: the finality of acquittal doctrine has
sevferal avowed purposes, primarily it prevents the state from using its criminal
process as an instrument of harassment to wear out the accused by ta multitude of
cases with accumulated trials, it also serves the additional purpose of precluding
retrying in hope of conviction. Prevent retrying following conviction in hope of
securing greater penalty
Gonzales III vs office of the president, gr. 196232, jan 2014
-issue: can the president dismiss deputy ombudsman?
-if president cannot dismiss ombudsman, he cannot dismiss deputy
-issue is justiciable question, not political
-separate constitutional body
-independent of control, supervision, or political influence
-ombudsman law vesting supervision of ombudsman in president is unconstitutional
Ocampo vs abando, 715 scra, feb 11, 2014
- altho the consti provides the probable cause is to be determined by judge after
examination (etc...), the SC held that hearing is not necessary for the determination
thereof
- it is enough that judge evaluates documents
- political offense doctrine: common crimes done in furtherance of political offense
are considered political offenses, cannot be punished separately from principal
offense or complexed with the same; absorbed
- to raise defense, political objective must be proven. If so, case dismissed and
another information filed
- burden of proof: on defense, because it is motive; that only accused knows
- remedy if political motive proven: substitution; file first new charge before
dismissal
- dismiss then file new case as long as no double jeopardy
- doctrine is not a ground to dismiss charge prior to a determination by trial court
that crimes were done in furtherance of rebellion
Pp vs gahi, gr. 202976, feb 19, 2014
-pregnancy or lack thereof is irrelevant in rape; not an essential element of rape
-sweetheart theory
Dr fernando sulidum vs pp, criminal negligence, march 10, 2014
-res ipsa loquitor
-expert testimony is relied in malpractice suits, except when res ipsa loquitor is
raised
- exclusive control - no contributory negligence
- standard is community and state of science
- standard of care to be followed
Enrique almero vs pp, gr. 188191, march 12, 2014
- paredes vs gotingco: parties in crim cases have sufficient personality as persons
aggrieved to file SCA of certiorari and prohibition; independently of pp
- probation is not a legal right
- appeal and probation = mutually exclusive remedies
Pp vs go, anti graft, march 25, 2014
- private persons, when acting in conspiracy with public officers, may be indicted if
found guilty of RA 3019
- even if public officer died, state may still prove conspiracy and that decedent is a
public officer
- death did not extinguish crime nor basis of conspiracy
Corpus vs pp, gr. 180016, april 29, 2014
- dura lex sed lex - penalty, altho old law, must be applied
- court cannot suspend sentence if it thinks punishment is excessive or harsh
- court must apply law unless if consti na cruel and unusual (aim and form, not
severity) punishment. Even if cruel, court cannot declare law unconstitutional in the
crim case because violation of due process; collateral attack, must be direct attack
- remedy: apply for clemency
Pp vs javier yavellano, gr. 189833, feb 5, 2014
- information failed to state term "conspiracy," but contained words which indicate
conspiracy - valid
- conspiracy may be inferred from proof of facts and circumstances
Pp vs casio, gr. 211465, dec 3, 2014
- Removal and sale of organs is part of trafficking
- knowledge or consent of minor not a defense
- even if victim consents, there is still trafficking
Pdea vs brodet, 658 scra 339, sept 28, 2011
- motor vehicle used in commission of drugs may be returned to the real owner but
must be stated in the judgment
- WON article confiscated is subject of forfeiture can be made only when judgment
was to be rendered in the proceedings
- RTC should not release articles for the duration of the trial and before judgment
even if owned by third person not liable for the unlawful act
Pp vs fajaren, 639 scra 489, jan 12, 2011
- chain of custody
- police who seized should testify as marked, sealed, and received after examination
and placed own markings
- sale: (1) buyer and seller must be identified, (2) consideration, (3) DD must be
presented
Pp vs de los reyes, 641 scra 11, jan 31, 2011
- sec 21 in DD not complied = arrest not illegal and articles seized not inadmissible
as long as integrity and evidential value is preserved
Galos vs pp, 642 scra 485, feb 9, 2011
- falsification, is intent to gain or intent to injure necessary if public document? No,
because basis is violation of public faith and truth
Crim cases II
Pp vs pragante, 642 scra 566, feb 9, 2011
- elements of sexual abuse
- pp vs laren: child is exploited when child indulges for consideration under coercion
or influence of any adult, syndicate, or group
- date of comission is not material
- relationship is aggravating in chastity
Soledad vs pp, 644 scra 258, feb 23, 2011
-RA 8484 - "possession" does not appear in information, but appeared in preamble
= substantial compliance
- meaning of possession - see civil code
Lopez vs pp, 642 scra 668, feb 14, 2011
-libel or defamation
- personal hurt not automatically defamation; defamatory statement against public
official about performance of duties and functions and root of accusation is shown =
acquittal, even if does not prove good motive
Feb 23, 2011, pp vs paloma
Objective test, pp vs doria, on buy best
Pp vs sandiganbayan, 645 scra march 21, 2011
-actual damage to govt arising from non-liquidation of cash advnce is not essential
element of PD 1445
- mere failure to timely liquidate cash advance is gravamen
Pp vs chingh, 645 scra 573, march 16, 2011
- sexual intercourse in standing position is not improbable
Pp vs presas
-physi
Pagc vs plato, 646 scra, march 23, 2011
- RA 6713 - does not say that review and compliance procedure is prerequisite for
filing of admin charges over SALN
Pp vs montanir, 647 scra 170, april 4, 2011
-kidnapping and murder - person kidnapped is killed, either for so or afterthought,
killing not complexed or separate, but as special complex crime
- single penalty for two or more component acts = special complex
Pp vs alquizar, 647 scra 431, april 6, 2011
- DD = corpus delicti
- pp who must be present in marking
Lee vs soliman, 651 scra 32, june 7, 2011
- medical malpractice definition
- doctrine of informed consent
Mateo vs pp, 651 scra 262, june 8, 2011
- intent to cause damage but damage not proven = attempted estafa
Pp vs pinik, 651 scra 623, june 8, 2011
- rape
- separate rape only if a long time has passed
- multiple insertions = one count of rape
Garing garaw vs pp, 654 scra 243, july 20, 2011
- child, other sexual abuse, when lascivious conduct of adult + compulsion =
intimidation
Torres vs pp, 656 scra 486, aug 21, 2011
- accountable public officer = who has custody or control of public funds or property
by reason of the duties of his office
- malversation, either through positive acts or negligence
Pp vs lagat, 657 scra 713, sept 14, 2011
- carnapping definition
- motor vehicle definition
Nolyora vs pp, 657 scra 330, sept 7, 2011
- muslim married non-christian not solemnized in muslim rites = family code applies
- bigamy
Panilyo vs rtc, feb 2, 2011
- corporate rehabilitation - crim case not suspended
Pp vs sabadnab, 663 scra 426, jan 18, 2012
- lack of participation of pdea - arrest not illegal or evidence not admissible, prior
surveillance not a pre-requisite
Villareal vs pp, 664 scra 519, feb 1, 2012
-hazing
- liabilities extinguished by death of convict
- personal penalties = imprisonment
- pecuniary penalties = fine, costs, civil liability
- civil liability other than delict survives death of accused, recover through separate
civil action
- no physical injuries when death occurs
- physical injuries - there must be animus iniuriendi - or malicious intention - to do
wrong against physical integrity or well-being of person
- mere infliction absent malicious intent - not necessarily intentional felony
- absent malicious intent - see reckless imprudence
Manuel vs sandiganbayan, 665 scra feb 8, 2012,
- malversation
- public funds cannot be disbursed without signature of ... And treasurer
- acceptance of co-accused without official voucher = proof of conspiracy
- restitution of public funds does not exonerate because payment does not
extinguish criminal liability
Pp vs clarite, 666 scra 306, feb 15, 2012
- pushers sell drugs anytime, anywhere, to anyone
Uccp vs bradford united church, 674 scra 92, june 20, 2012
- party cannot ask for relief and deny jurisdiction later if fails to obtain relief
- eclessiastical doctrine definition - court has no jurisdiction
Pp vs salin, 678 scra 711, aug 22, 2012
- child abuse, includes prostitution
- 12-18 - rape or child abuse
Gratching vs ables, 684 scra 195, oct 15, 2012
Libel
- all persons who participated in publication are liable, including editor, business
manager, equally responsible to the same extent as if author
Dabaros vs rtc branch 59, 688 scra 64, jan 7, 2013
-vawc
- the act of violence need not be a consequence of dating or sexual relationship - as
long as violent acts that result in physical harm
Crim Cases III
Bonggayon vs pp
Not every instance of laying hands on child constitutes child abuse
- to debase, demean, degrade the intrinsic worth of the child = child abuse
Ligut vs republic, gr. 176944, march 6, 2013
- freeze order - extraordinary interim relief issued by CA to prevent dissipation,
removal of properties suspected to be the proceeds of unlawful activities
- pre-emptive, preservatory in nature
- temporary effect, not supplant actual seizure
Jose vs suarez, gr. 176111, july 17, 2013
-assessment of motion to dismiss or withdrawal of information must be embodied in
an order
Gr. 172206
-ombudsman - 1 yr suspension order is immediately executory pending appeal, not
stayed automatically by appeal to CA, or injunctive writ
San mateo vs pp, gr. 200090, march 6, 2013
Receipts for registered letters do not themselves prove receipts, must be properly
authenticated to be proof of notice of dishonor
Certification from postal office is better evidence
Pp vs mallare, gr. 179041, april 1, 2013
- carnapping with homicide
Garcia vs drilon
RA 9262 - even woman may be culprit of VAWC because of gender neutral term
Pp vs sandiganbayan, gr. 185729, june 26, 2013
- filing of crim case in court does not prevent ombudsman from exercising its power
- authority to grant immunity is not inherent judicial function
Ruzol vs sandiganbayan, gr. 186739, april 17, 2013
-good faith is a defense in usurpation of public functions
Bacasmas vs sandiganbayan, gr. 189343, july 10, 2013
Ong vs pp, gr. 190475, april 10, 2013
-fencing definition
Capili vs pp, gr. 183805, july 3, 2013
Accused may still be charged with bigamy even if there is subsequent declaration of
nullity of second marriage so long as first marriage was still subsisting when second
marriage was celebrated.
Subsequent nullity is immaterial
Civil case for nullity had no bearing in crim case for bigamy because all that matters
is that 1st marriage is subsisting when second marriage celebrated
- identification of accused by voice is accepted if witness has known accused for soo
long and soo intimately
Lee quie liong vs chua lee, gr. 181568, aug 7, 2013
- offended party in bigamy may also be private individual
- intervention of offended party is not a mere matter of tolerance, whether public of
private crime
Republic vs bakunawa, gr. 182418
Espino vs pp, gr. 188217, july 3, 2013
- actual recital of facts in information is what determines actual accusation
Custowela vs sandigan gr. 191411
- PI too long in ombudsman = dismiss
- violation of due process and speedy disposition of cases
-medical certificate is not necessary to prove rape, same with medical examination
(but in actual practice, in fiscals office, dismiss)
Ruallos vs pp, 712 scra 593, dec 11, 2013
- real nature of crim charge is not determined by preamble, section charged, title
because mere conclusions of law
-Rape victims are not expected to make earliest recollection of the incident
- failure to shout or fight back is not consent or approval because no obligation
under law to present defiance
Ra 9262 not subject to compromise
Delay in reporting rape does not undermine charge where delay is grounded in
threats from accused
J12 parking systems vs lidor, 706 scra 724, oct 7, 2013
-no distinction between filing of information in rules of court and summary
procedure
Dagan vs office of ombudsman, 709 scra nov 19, 2013
- (1) where respondent is absolved of charged, (2) conviction where penalty is public
censure or reprimand, suspension of not more than 1 month, or fine equivalent to 1
month salaray = final and not appealable decision/order
- remedy - certiorari
Co vs munoz
-extension of penal action does not carry extension of civil
Pp vs gaduyon nov, 11, 2013
- sexual abuse includes employment, use, persuasion, to engage in or assists
another person in sexual intercourse or lascious conduct
Pp vs twayco
-expert testimony is merely corroborated
Valenzuela vs pp
-aggravating - altho not appearing in information but there are facts and
circumstances pointing thereo = appreciable
Crim action for bp 22 includes civil action to recover amount of checks
Matrido vs pp
Jacinto vs pp, 592 scra 426, july 13, 2009
-personal property subject of theft must have value since intent is to gain
-only one operative act of execution in theft: taking
- Theft not a continuing offense
Amancitun vs pp, 596 scra 366, aug 14, 2009
- ra 7610
- lewd - something indecent or obscene, tending to excite lewd sexual behavior
- intimidation need not be irresistible in acts of lasciviousness
Reneno vs pp
Garcia vs sandiganbayan, 603 scra 348
- sandiganbayan has jurisdiction of forefeiture cases under ra 1379 altho proceeding
is civil
- forfeiture under ra 1379 arises out of cause of action separate and distinct from
plunder thus negating the notion that plunder absorbs forfeiture
- plunder act did not repeal ra 1379
-ombudsman is not required to furnish the respondent with the copy of the
complaint prior to ordering preventive suspension
Espinosa vs pp, march 15, 2010, 615 scra
-doctrine of rational equivalence - presupposes the consideration not only of the
nature and the quality of the weapons used by the defender and the assailant but of
the totality of the circumstances ssurrounding the defense which .. unlawful
aggression
Paces v s morales 613 scra 67 feb 25, 2010
- joint or separate civil action
- gun store owner presumed to know gun safety
Bsp vs go, 612 scra 596 feb 16, 2010
-estafa by conversion, whether cash or check is immaterial, in relation to the formal
allegation for a violation of that offense
Although not legal tender, is a substitute for cash
Pp vs de guzman, 614 scra 221, march 3, 2010
Article 394 appplied to marriages contracted between offender and offended party
in rape and abuse of chastity to totally extinguish criminally liability and other
liability that may be imposed
Pp vs ayukchok
-death of accused pending appeal
Professional services vs ca, 611 scra 282, feb 2, 2010
Medical negligence
-liable not under respondeat superior for lack of evidence of employment, but under
principle of ostensible agency, and pro hac vice under principle of corporate
negligence for failure to perform duties as hospital
- altho hospital cannot practice medicine, it utilizes doctors and nurses in the
conduct of medical and surgical treatment
- regardless of relationship with doctor, hospital directly liable to patient for its
negligence for failure to follow standard of conduct to which it should conform
- control as a determinative factor in EE relationship of doctor and hospital
Pp vs jessie vargas, 614 scra 741, march 9, 2010
- elements of arson (1) corpus delicti - fire because of criminal agency (2) identity of
defendant as the one responsible for the crime
- 2 categories: (1) destructive arson ART 320 RPC, (2) simple PD 1316
- classification is based on kind, character, location of property burned regardless of
value of damage
Pp vs baluntong
- murder vs arson, depends on intent
Manila electric vs chua, ra 7832, 623 scra 83, july 5, 2010
-discovery of tampered or broken or fake seal on the metal shall only constitute
prima facie evidence of illegal use of electricty by the person who benefits if such
discovery is persoanlly attested to or witnessed by an officer of law or authorized
representative of ERB
Heirs of rementor completo vs albider, 624 scra 97, july 6, 2010
- the bicycle occupies a legal position that it is at least equal to other vehicles on
the highway, fortified by the fact that more is required from motorists because of
physical advantages
- more care is required from motorist
-accomodation check is still under bp 22
Pimentel vs pimentel, 630 scra 436, sept 13, 2010
- an annulment of marriage is not a prejudicial question in parricide, issue is not
similar or intimately related to issue of parricide
- if annulled, petitioner still liable for parricide
Pp vs siton
-vagrancy constitutional
Pp vs balde, 631 scra 187, sept 22, 2010
- killing of several with explosive qualifies crime to murder
- treachery vs use of explosive - explosive qualifies, treachery is ordinary
aggravating; since principal mode is explosive
- single act (explosive) = cluster of several separate distinct offenses. Yet single
crime and single penalty because of single criminal impulse, showing lesser degree
of perversity
Yuchuengco vs manila
Malice in law vs malice in fact
Southern hemisphere vs anti terrorism council, 632 scra, oct 5, 2010
Court cannot take judicial notice of alleged tagging of petitioners as CPP
- ra 9372 - before charge, there must be predicate crime
Read:
Jinggoy estrada vs sandigan feb 26, 2002
Mustafa demakuta vs pp, oct 20, 2015 - impt, probation
-filed beyond 15 day period - judgment final and executory, lower court can no
longer act on probation
- if notice of appeal perfected, trial court is divested of jurisdiction except execution
of judgment
- appeal and probation are mutually exclusive
- if appellate court modifies penalty within probationary period, accused allowed to
apply for probation (appeal on penalty, did not assail judgment)
Pp vs sandiganbayan, sept 9, 2015
- as long as ultimate facts constitute offense, information charging violation of Sec
3(e) ra 3019 need not state to the point of specificity the exact amount of
unwarranted benefit nor specificy to the point of moral certainty the undue injury
caused
- if curable by amendment, deny motion to quash
Santiago vs pp, july 15, 2015 - impt
- bigamy does not necessarily entail joint liability of two persons (one may be
innocent, ex. Did not know fact of marriage)
- second spouse is mere accomplice
