There are 61 results on the current subject filter
Title | IDs & Reference #s | Background | Primary Holding | Subject Matter |
---|---|---|---|---|
Padillo vs. People (9th October 2024) |
AK536847 G.R. No. 271012 |
The Philippine Drug Enforcement Agency (PDEA) suspected Roel Padillo of possessing shabu at his residence in Balingoan, Misamis Oriental, prompting them to apply for and obtain a search warrant to search the premises. | The Supreme Court acquitted Roel Gementiza Padillo because the prosecution failed to establish the validity of the search warrant's issuance and implementation, violating his constitutional rights, and failed to prove the integrity of the chain of custody of the seized items beyond a reasonable doubt. |
Criminal Law II |
People vs. Adrales (22nd May 2024) |
AK003925 G.R. No. 242473 |
The case originated from accusations that Adrian Adrales, an adult, engaged in recruiting and facilitating the sexual exploitation of AAA, a 14-year-old minor, by introducing her to different men for sexual intercourse in exchange for money. These incidents allegedly occurred on multiple occasions in July and August 2011, leading to charges of qualified trafficking in persons due to the victim's minority. | The recruitment, transportation, transfer, harboring, or receipt of a child for the purpose of exploitation constitutes qualified trafficking in persons, even with the child's consent or knowledge; evidence of the child victim's past sexual conduct or predisposition is inadmissible under the sexual abuse shield rule to discredit the victim or negate the accused's liability. |
Criminal Law II Anti-Trafficking in Persons Act |
People vs. ABC260708 (23rd January 2024) |
AK737802 G.R. No. 260708 |
The case arose from charges filed against the accused, ABC260708, for committing rape through carnal knowledge and rape through sexual assault (oral rape) against his own daughter, AAA260708, who was eight years old at the time of the incidents in March 2015. | When the elements of statutory rape (victim below the statutory age) concur with special qualifying aggravating circumstances under Article 266-B of the Revised Penal Code (such as minority and relationship, victim below 7 years old, or offender's knowledge of victim's mental disability), the proper designation of the crime is "Qualified Rape of a Minor," not "qualified statutory rape"; the special qualifying circumstance absorbs the inherent circumstance of the victim's age, elevating the crime to qualified rape. |
Criminal Law II Rape |
People vs. Flores (11th October 2023) |
AK680841 G.R. No. 262686 |
Accused-appellants were apprehended in a buy-bust operation for allegedly selling and possessing methamphetamine hydrochloride (shabu). The Regional Trial Court (RTC) convicted them, and the Court of Appeals (CA) affirmed with slight modification. The case reached the Supreme Court via a Notice of Appeal. Accused-appellant Truelen passed away during the appeal process. | The presumption of regularity in the performance of police duties cannot overcome the stronger presumption of innocence. The prosecution failed to establish guilt beyond reasonable doubt due to serious lapses in the chain of custody and the failure to properly prove the identities and credentials of mandatory insulating witnesses during the inventory of seized drugs. Accused-appellants are acquitted. |
Criminal Law II |
Orillo v. People of the Philippines (30th January 2023) |
AK619123 934 Phil. 728 , G.R. No. 206905 |
The case arose after an election of officers for the Pasay-Alabang-FTI South Expressway Jeepney Operators and Drivers Association (PAFSEJODA) on March 23, 2002. The petitioners, Orillo and Danieles, were losing candidates, while the complainant, Romeo Cabatian, a retired member of the Philippine National Police, won as Vice President. Approximately a month after the election, documents pertaining to a carnapping complaint filed by Jean Jardeleza against Cabatian were posted on the PAFSEJODA terminal's bulletin board. | The posting of documents detailing a criminal complaint against a private individual on a public bulletin board, motivated by ill will and without justifiable motive, constitutes libel because malice is presumed from the defamatory imputation, and such act does not fall under privileged communication when done by third parties not involved in the original proceedings. |
Criminal Law II Libel and Cyberliberl |
Lastimosa v. People of the Philippines (5th December 2022) |
AK902976 932 Phil. 31 , G.R. No. 233577 |
The case arose from an allegedly libelous article written by petitioner Leo A. Lastimosa, a known media practitioner and critic of then Cebu Governor Gwendolyn F. Garcia. The article, titled "Si Doling Kawatan," described a character named "Doling" who suddenly amassed wealth and exhibited negative traits. Garcia filed a libel case, claiming she was the person referred to as "Doling." | For a libel suit to prosper, the element of identifiability of the victim must be established beyond reasonable doubt; it is insufficient that the complainant recognizes themselves as the person defamed if third persons reading the article could not reasonably ascertain that the article referred to the complainant, especially when the identification relies merely on auditory similarities of names or uncorroborated hearsay. |
Criminal Law II Libel and Cyberlibel |
Nisperos vs. People (29th November 2022) |
AK942626 G.R. No. 250927 |
Petitioner Mario Nisperos y Padilla was charged with selling methamphetamine hydrochloride (shabu) in a buy-bust operation. The prosecution presented evidence of a pre-arranged buy-bust conducted by police officers based on information from a confidential informant. The defense contested the legality of the operation, particularly the chain of custody of the seized drug. | The conviction of Mario Nisperos y Padilla for violation of Section 5, Article II of R.A. No. 9165 is reversed and set aside due to the prosecution's failure to prove an unbroken chain of custody, specifically regarding the presence of mandatory witnesses at the place of apprehension for the immediate inventory of seized drugs, leading to reasonable doubt. |
Criminal Law II |
People vs. Agao (4th October 2022) |
AK513960 930 Phil. 559 , G.R. No. 248049 |
The case arose from allegations of repeated sexual abuse committed by the accused-appellant, Efren Agao, against his minor stepdaughter, AAA, starting when she was 10 years old in 2009/2010 and continuing until 2012. Agao lived with AAA and her mother, BBB. The specific charges relate to incidents in July 2010 and January 2012. | For the crime of rape by sexual intercourse through penile penetration to be consummated, the penis must penetrate the cleft of the labia majora (also known as the vulval or pudendal cleft), even in the slightest degree; mere touching or grazing of the external surface (mons pubis or fleshy part of the labia majora) without penetrating the cleft only constitutes attempted rape or acts of lasciviousness, depending on intent. |
Criminal Law II Rape |
Knutson v. Judge Sarmiento-Flores (12th July 2022) |
AK144148 925 Phil. 638 , G.R. No. 239215 |
Randy Michael Knutson, an American citizen, and Rosalina Sibal Knutson, a Filipina, married and had a daughter, Rhuby. After their estrangement due to Rosalina's alleged extra-marital affairs, gambling addiction, and neglect of Rhuby, Randy claimed Rosalina also maltreated Rhuby physically and psychologically, including threatening to kill her. These events led Randy to seek legal protection for Rhuby. | Republic Act No. 9262 allows a father to apply for protection and custody orders on behalf of his minor child against the child's mother who has allegedly committed acts of violence against the child; the mother can be considered an offender under the Act in such circumstances. |
Criminal Law II VAWC |
Morales v. People of the Philippines (4th January 2022) |
AK148514 919 Phil. 86 , G.R. No. 240337 |
The case arose from a vehicular collision on May 14, 2013, in Angeles City. Petitioner Francis O. Morales, driving a Mitsubishi Delica Van, overtook another vehicle and collided with an Isuzu Jitney driven by Rico Mendoza. The collision resulted in physical injuries to Rico Mendoza, Lailani Mendoza, Myrna Cunanan, and Albert Vital (passengers of the jeepney), and extensive damage to the jeepney owned by Noel G. Garcia. | Article 365 of the Revised Penal Code punishes reckless imprudence as a distinct crime, not merely as a way of committing a crime. Consequently, Article 48 of the RPC (on complex crimes) does not apply to quasi-crimes. When a single act of reckless imprudence results in multiple consequences, such as physical injuries and damage to property, separate penalties must be imposed for each consequence: a penalty for the physical injuries based on their severity (grave, less grave, or light felony had they been intentional) and a fine for the damage to property, as prescribed under Article 365. |
Criminal Law II Reckless Imprudence |
Calleja vs. Executive Secretary (7th December 2021) |
AK549249 G.R. No. 252578 |
The Anti-Terrorism Act of 2020 (ATA) was enacted to replace the criticized Human Security Act of 2007, aiming to strengthen counter-terrorism measures and align with international standards (e.g., UN protocols, FATF guidelines). Civil society groups, journalists, and activists filed petitions arguing the law’s vague definitions (e.g., “terrorism,” “inciting”) and expanded executive powers threatened constitutional rights, enabling state abuse through arbitrary designations and surveillance. The government asserted the law was necessary to address evolving threats from groups like Abu Sayyaf and communist rebels while avoiding international sanctions for non-compliance with anti-terrorism financing rules. The case emerged amid heightened polarization over national security policies and concerns over “red-tagging” practices linking dissenters to terrorism. | The Court voided parts of Section 4 (the qualifiers "intent to intimidate" and "create risk to public safety") and Sections 12 (inciting to commit terrorism), 25(e) (automatic adoption of UN-designated terrorists), and 29 (detention without warrant for 24 days). Other provisions survived constitutional scrutiny. |
Constitutional Law I Constitutional Law II Criminal Law II |
Cadajas vs. People (16th November 2021) |
AK683274 915 Phil. 220 , G.R. No. 247348 |
The case arose from a romantic relationship between the petitioner (Christian Cadajas, 24 years old) and the victim (AAA, 14 years old), which started after AAA initiated contact. The relationship was discovered by AAA's mother (BBB) who disapproved due to AAA's minority. BBB later found messages on Facebook Messenger where petitioner was inducing AAA to send explicit photos, leading to the filing of criminal charges. | Inducing a minor, through persuasion via a computer system like Facebook Messenger, to create and send photos exhibiting their private parts constitutes the crime of child pornography under Section 4(c)(2) of R.A. No. 10175 in relation to Sections 4(a), 3(b), and (c)(5) of R.A. No. 9775; the crime is mala in se, requiring criminal intent (specifically, the intent to induce the prohibited act), which was proven in this case. |
Criminal Law II Searches and Seizures |
Ridao vs. Handmade Credit and Loans, Inc. (3rd February 2021) |
AK229915 895 Phil. 554 , G.R. No. 236920 |
Petitioner Gemma A. Ridao obtained loans from respondent Handmade Credit and Loans, Inc., represented by Ridao's brother-in-law, Teofilo Manipon. A dispute arose when Handmade Credit claimed Ridao failed to pay her obligations, including an alleged increased dollar loan and an additional peso loan, while Ridao asserted she had fully paid the admitted $4,300.00 loan obligation. | Once a debtor introduces evidence of payment, the burden of going forward with the evidence shifts to the creditor, who then has the duty to produce evidence to show non-payment; material alterations on a promissory note made without the assent of the other contracting party render the instrument void and unenforceable by the party causing the alteration. |
Criminal Law II |
Araza vs. People (8th September 2020) |
AK703368 882 Phil. 905 , G.R. No. 247429 |
The case arose from the marital relationship between Jaime Araza (petitioner) and AAA (private complainant), who were married in 1989. Their relationship deteriorated around February 2007 when Araza went to Zamboanga City for a networking business. AAA later discovered that Araza was having an affair with Tessie Luy Fabillar and had fathered three children with her. This discovery and Araza's subsequent actions led to AAA experiencing emotional and psychological distress, prompting her to file a criminal complaint. | Marital infidelity, when it causes mental or emotional anguish to the wife, constitutes psychological violence under Section 5(i) of R.A. No. 9262, and the law does not require that the victim become psychologically ill but only that emotional anguish and mental suffering be proven, typically through the victim's testimony. |
Criminal Law II VAWC |
People vs. Leocadio, et al. (15th July 2020) |
AK428858 877 Phil. 819 , G.R. No. 237697 |
The case arose from the recruitment of young women, mostly minors, from impoverished island barangays in Getafe, Bohol, with promises of lucrative employment in an internet cafe in Angeles, Pampanga. This recruitment preyed on their vulnerability due to poverty, with the ultimate purpose being their engagement in cybersex operations. | The recruitment, transportation, transfer, harboring, or receipt of a child for the purpose of exploitation constitutes "trafficking in persons" even without the means enumerated for adult trafficking, and the crime is qualified if the victim is a child or if committed in large scale (against three or more persons); conspiracy can be inferred from the concerted acts of the accused towards a common criminal design. |
Criminal Law II Anti-Trafficking in Persons Act |
People vs. Meneses (30th June 2020) |
AK504298 940 SCRA 372 , 875 Phil. 724 , G.R. No. 233533 |
Joey Meneses was apprehended in a buy-bust operation conducted by police officers after a confidential informant reported his drug dealing activities. The operation stemmed from an initial transaction where Meneses sold marijuana to an undercover police officer. Subsequently, a planned buy-bust operation led to his arrest for selling both marijuana and shabu. | The Supreme Court affirmed the Court of Appeals' decision, which upheld the Regional Trial Court's conviction of Joey Meneses y Cano for illegal sale of dangerous drugs, finding him guilty beyond reasonable doubt of violating Section 5, Article II of R.A. No. 9165. |
Criminal Law II |
People vs. Sapla (16th June 2020) |
AK889679 874 Phil. 240 , G.R. No. 244045 |
The case arises amidst the State's campaign against illegal drugs, juxtaposed with the fundamental constitutional right of individuals against unreasonable searches and seizures, emphasizing that the fight against drugs cannot be pursued by sacrificing constitutionally protected rights. | Exclusive reliance on an unverified tip relayed by an anonymous informant is insufficient to engender probable cause that warrants an intrusive warrantless search and seizure; law enforcers must rely on their personal knowledge based on overt acts personally observed or other reliable circumstances, beyond the tip itself, to justify such a search. |
Criminal Law II Searches and Seizures |
People vs. Guillermo (27th November 2019) |
AK963268 926 SCRA 144 , 866 Phil. 690 , G.R. No. 229515 |
Nida and Desiree Guillermo were arrested in a buy-bust operation for allegedly selling shabu to a poseur-buyer. They were charged with violation of Section 5, in relation to Section 26, Article II of R.A. 9165. The prosecution presented the testimony of the arresting officers and the forensic chemist, while the defense presented testimonies denying the drug sale and alleging irregularities in the arrest and post-arrest procedures. | The Supreme Court held that the prosecution failed to prove the guilt of Nida and Desiree Guillermo beyond reasonable doubt for the crime of illegal sale of dangerous drugs, primarily due to inconsistencies and irregularities in the conduct of the buy-bust operation and the chain of custody of the seized evidence. |
Criminal Law II |
People vs. Dela Rosa (6th November 2019) |
AK098282 866 Phil. 36 , G.R. No. 227880 |
Ruth Dela Rosa and her common-law spouse Crisanto Samper took in and raised AAA, Crisanto's niece, for six years. Dela Rosa had a friend named Kim Caben, a Korean national who would visit Angeles City. The case arose from incidents in February and March 2013 involving the sexual exploitation of AAA and another minor, BBB, orchestrated through Dela Rosa's introduction of AAA to Kim. | The recruitment element in trafficking in persons includes providing the conditions for prostituting a minor, and a victim's consent is rendered meaningless when the victim is a minor, even without coercive means. Discrepancies between a witness's affidavit and testimony do not necessarily impair credibility as affidavits taken ex parte are generally considered inferior to testimony given in open court. |
Criminal Law II Anti-Trafficking in Persons Act |
People vs. Tulagan (12th March 2019) |
AK362964 896 SCRA 307 , 849 Phil. 197 , G.R. No. 227363 |
The case arose from two separate incidents where the accused-appellant, Salvador Tulagan, sexually abused his nine-year-old neighbor, AAA. The first incident involved Tulagan inserting his finger into AAA's vagina (sexual assault), and the second involved Tulagan having sexual intercourse with AAA (statutory rape). These acts prompted the filing of criminal charges, leading to a legal battle that reached the Supreme Court, necessitating a clarification of the complex interplay between different penal laws concerning child sexual abuse. | The Supreme Court established comprehensive guidelines for the Bench and Bar regarding the applicable laws, nomenclature of crimes, and imposable penalties for acts of lasciviousness, sexual assault, and rape, particularly when the victim is a minor, by reconciling R.A. No. 8353 (The Anti-Rape Law of 1997) which amended the RPC, and R.A. No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act). The Court held that Article 266-B of the RPC (imposing reclusion perpetua for rape) prevails over Section 5(b) of R.A. No. 7610 in cases of sexual intercourse with a child 12 years of age or below 18, but for sexual assault against a child under 12, the penalty under Section 5(b) of R.A. No. 7610 (reclusion temporal in its medium period) applies if higher than the RPC penalty. |
Criminal Law II Rape, Child Abuse |
People vs. Noah (6th March 2019) |
AK526523 895 SCRA 399 , 848 Phil. 680 , G.R. No. 228880 |
Lina Achieng Noah was apprehended at Ninoy Aquino International Airport Terminal 1 upon arrival from Kenya via Dubai. Customs Examiner Landicho became suspicious of her luggage, leading to a further inspection in an exclusion room. This inspection revealed packages of shabu concealed within a laptop bag inside her luggage. Noah claimed the luggage was given to her and denied knowledge of the drugs. | The Supreme Court held that Lina Achieng Noah is guilty beyond reasonable doubt of illegally transporting dangerous drugs, affirming her conviction and life imprisonment sentence, as the prosecution successfully established an unbroken chain of custody for the seized shabu and proved all elements of the crime. |
Criminal Law II |
AAA vs. People (28th November 2018) |
AK706237 844 Phil. 213 , G.R. No. 229762 |
The petitioner, AAA, and the private complainant, BBB, were married for 19 years with two children. Petitioner worked abroad and sent money to BBB, who was a full-time housewife. BBB used this money to buy household items. The dispute arose from BBB incurring debts, using their television and refrigerator as collateral, which led to a heated argument and the petitioner's subsequent actions. | The act of a husband taking conjugal properties against his wife's will, accompanied by verbal and physical abuse, thereby causing her mental or emotional anguish, constitutes psychological violence under Section 5(i) of R.A. No. 9262; the mitigating circumstance of passion and obfuscation is not applicable if the victim-wife committed no unlawful act sufficient to produce such a state of mind in the offender. |
Criminal Law II VAWC |
People vs. Bandojo, et al. (17th October 2018) |
AK427547 842 Phil. 511 , G.R. No. 234161 |
The case arose from the recruitment of a 17-year-old girl, AAA, into prostitution due to her family's financial difficulties. Accused-appellant Kenny Joy Villacorta Ileto initially offered AAA "rakets" (slang for paid sexual encounters). AAA eventually agreed due to financial need. Separately, the National Bureau of Investigation (NBI) received information about a Facebook account, "Under One Roof," allegedly offering sexual services of minors, leading them to accused-appellant Ludivico Patrimonio Bandojo, Jr. An entrapment operation was planned involving both accused-appellants and AAA. | The conviction for Qualified Trafficking in Persons under Section 4(a) in relation to Section 6(a) of R.A. No. 9208 is affirmed when all elements of the crime are established, particularly the recruitment of a minor for prostitution; the victim's minority automatically qualifies the offense, and the consent of the minor victim or the accused's lack of knowledge of the victim's minority is not a defense. |
Criminal Law II Anti-Trafficking in Persons Act |
People vs. Suico (10th September 2018) |
AK454553 880 SCRA 32 , 840 Phil. 1 , G.R. No. 229940 |
Police officers set up a checkpoint for a "no plate, no travel" policy based on information about a person transporting marijuana on a specific motorcycle. Jimboy Suico, matching the description, approached the checkpoint and attempted to evade it, leading to his arrest and the discovery of marijuana in his backpack and sack. | The warrantless arrest and seizure of marijuana from Jimboy Suico were valid as incidental to a lawful arrest based on probable cause. The prosecution successfully established an unbroken chain of custody of the seized drugs, thus proving the corpus delicti and the appellant's guilt for illegal transportation of dangerous drugs under RA 9165. |
Criminal Law II |
People vs. Romy Lim y Miranda (4th September 2018) |
AK331437 839 Phil. 598 , G.R. No. 231989 |
Following a tip from a confidential informant (CI) regarding alleged drug selling activities by "Romy" in Cagayan de Oro City, agents from the Philippine Drug Enforcement Agency (PDEA) Regional Office X planned and executed a buy-bust operation targeting the accused-appellant, Romy Lim y Miranda, at his residence. | The conviction of Romy Lim y Miranda is reversed and set aside; he is acquitted due to the prosecution's failure to prove compliance with the mandatory requirements of Section 21 of R.A. 9165 concerning the chain of custody of the seized dangerous drugs, specifically the absence of required insulating witnesses during inventory and the lack of justifiable grounds for such non-compliance, thereby failing to establish the identity and integrity of the corpus delicti beyond reasonable doubt. |
Criminal Law II |
People vs. Tomawis (18th April 2018) |
AK721106 862 SCRA 131 , 830 Phil. 385 , G.R. No. 228890 |
This is a criminal case involving the illegal sale of dangerous drugs, specifically methamphetamine hydrochloride (shabu), under Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002. The case originated from a buy-bust operation conducted by the Philippine Drug Enforcement Agency (PDEA). The central issue revolves around the procedural compliance of law enforcement in handling seized drug evidence and protecting the accused’s rights within the context of the anti-drug campaign. | The Supreme Court acquitted Basher Tomawis, holding that the prosecution failed to establish an unbroken chain of custody and did not comply with the mandatory requirements of Section 21 of RA 9165, thus failing to prove his guilt beyond reasonable doubt for the crime of illegal drug sale. |
Criminal Law II |
Osorio vs. Navera (26th February 2018) |
AK626610 856 SCRA 435 , 826 Phil. 643 , G.R. No. 223272 |
The case stems from the alleged kidnapping of two University of the Philippines students, Karen E. Empeño and Sherlyn T. Cadapan, by military personnel including SSgt. Osorio and Major General Jovito Palparan. The victims were reportedly abducted from a house in Hagonoy, Bulacan, and detained in various military facilities from June 2006 to July 2007, resulting in their continuing disappearance. | The Supreme Court held that the Regional Trial Court properly took cognizance of the kidnapping case against SSgt. Osorio, and his detention was by virtue of a valid judicial process. The remedy of habeas corpus was deemed inappropriate as the restraint had become legal. |
Criminal Law II |
Melgar vs. People (14th February 2018) |
AK366329 826 Phil. 177 , G.R. No. 223477 |
The case arose from a romantic relationship between petitioner Celso Melgar and AAA, which resulted in the birth of their illegitimate child, BBB, in 1995. Melgar acknowledged paternity but later stopped providing financial support when BBB was about one year old after his relationship with AAA soured due to his affair with another woman. This led AAA to file a case for support, which was granted, but Melgar allegedly continued to refuse to provide support, prompting the filing of the criminal case for economic abuse under RA 9262. | The act of denying financial support to a child, by itself, constitutes economic abuse under Section 5(e) of RA 9262 and is specifically penalized therein, even without proof of mental or emotional anguish which is an element for psychological violence under Section 5(i) of the same Act. An accused charged under Section 5(i) can be convicted under Section 5(e) by virtue of the variance doctrine if the deprivation of support is proven. |
Criminal Law II VAWC |
People vs. Amarela (17th January 2018) |
AK555521 852 SCRA 54 , 823 Phil. 1188 , G.R. Nos. 225642-43 |
The case arose from allegations that Juvy Amarela raped AAA on February 10, 2009, and that Junard Racho raped her hours later, in the early morning of February 11, 2009, in Davao City, during fiesta celebrations. Two separate Informations for rape were filed against Amarela and Racho, respectively, which were jointly tried. | A conviction for rape based solely on the testimony of the victim requires that such testimony be credible, natural, convincing, consistent with human nature and the normal course of things, and sufficient to establish guilt beyond reasonable doubt; lingering doubts arising from material inconsistencies, testimonial improbabilities, and inconclusive medico-legal findings warrant an acquittal. |
Criminal Law II Rape |
AAA vs. BBB (11th January 2018) |
AK337012 823 Phil. 607 , G.R. No. 212448 |
Petitioner AAA and respondent BBB were married in the Philippines and had two children. BBB started working in Singapore and later allegedly engaged in an extramarital affair there. AAA claimed this affair, along with other alleged abuses like lack of financial support and abandonment, caused her mental and emotional anguish while she was residing in Pasig City, Philippines. | Philippine courts may exercise jurisdiction over a charge of psychological violence under Section 5(i) of R.A. No. 9262, even if the act causing such violence (e.g., marital infidelity) occurred outside the Philippines, provided that the victim, who is a resident of the Philippines, experienced the resulting mental or emotional anguish within the territorial jurisdiction of the Philippine court. |
Criminal Law II VAWC |
De Lima vs. Guerrero (10th October 2017) |
AK175936 843 SCRA 1 , 819 Phil. 616 , G.R. No. 229781 |
Legislative inquiries into drug syndicates at the New Bilibid Prison led to complaints against Senator De Lima for illegal drug trading. These complaints were consolidated before the Department of Justice (DOJ) Panel of Prosecutors for preliminary investigation. De Lima challenged the DOJ Panel's jurisdiction, arguing that the Ombudsman had exclusive jurisdiction. | The Petition for Certiorari and Prohibition is dismissed for lack of merit due to prematurity, violation of the hierarchy of courts and the rule against forum shopping, and for failure to demonstrate grave abuse of discretion by the respondent judge. The Regional Trial Court of Muntinlupa City, Branch 204 has jurisdiction over Criminal Case No. 17-165. |
Criminal Law II |
Integrated Bar of the Philippines Pangasinan Legal Aid vs. Department of Justice (25th July 2017) |
AK758754 832 SCRA 36 , 814 Phil. 440 , G.R. No. 232413 |
The Integrated Bar of the Philippines (IBP) discovered pre-trial detainees languishing in jail for years without charges due to DOJ circulars requiring automatic reviews. Jay-Ar Senin, arrested in a 2015 drug buy-bust, waived Article 125 of the RPC, but his case was dismissed and remained under DOJ review for eight months. | The waiver of Article 125 of the Revised Penal Code must coincide with the prescribed period for preliminary investigation. Detention beyond this period violates the accused's constitutional right to liberty. Detainees must be released if preliminary investigations exceed statutory timelines or if their cases are dismissed (even pending review), unless lawfully held for other causes. |
Criminal Law II |
Gamaro vs. People (27th February 2017) |
AK713753 806 Phil. 483 , G.R. No. 211917 |
The case originated from a business venture in 2002 where Joan Fructoza E. Fineza (private complainant) would provide jewelry to petitioner Norma C. Gamaro and her daughters, petitioner Josephine G. Umali and accused Rowena Gamaro, for them to sell. The agreement involved Fineza purchasing foreclosed jewelry identified by Umali (a pawnshop manager), Norma Gamaro selling them, and profits being split. Checks were issued as security for the jewelry. | The actual recital of facts in the information, not the caption or the specific provision of law cited, determines the nature and cause of the accusation against an accused; thus, an accused can be convicted of a crime adequately described by the facts in the information, even if it's different from the specific paragraph of the statute initially designated, provided the accused is not deprived of the right to be informed of the charge. |
Criminal Law II Estafa |
Belen vs. People (13th February 2017) |
AK787101 805 Phil. 628 , G.R. No. 211120 |
The petitioner, Medel Arnaldo B. Belen, then a practicing lawyer, filed a criminal complaint for estafa against his uncle. This complaint was assigned to Assistant City Prosecutor (ACP) Ma. Victoria Suñega-Lagman for preliminary investigation. ACP Suñega-Lagman subsequently dismissed the estafa complaint, which aggrieved the petitioner and led him to file an Omnibus Motion (for Reconsideration & Disqualify) containing the statements that became the basis for the libel charge. | Defamatory statements made by a party or counsel in pleadings filed during judicial or administrative proceedings lose the protection of absolute privilege if such statements are irrelevant or impertinent to the cause or subject of inquiry, particularly when they constitute personal attacks on the character, honor, or reputation of an individual. |
Criminal Law II Libel and Cyberlibel |
San Diego vs. CA (8th April 2015) |
AK478899 757 Phil. 599 , G.R. No. 176114 |
Petitioner Grace San Diego was employed as an accountant for Obando Fisherman's Multi-Purpose Cooperative, Inc. (OFMPCI) from January 1993 to March 11, 1997. Her responsibilities included accounting for all business transactions, performing cashier and teller functions, granting loans, check discounting, recording bank transactions, and handling pre-signed blank checks. She also temporarily acted as cashier and teller on separate occasions, giving her complete access to cash vaults and cooperative documents. | An employee who, by virtue of their position (e.g., accountant, cashier, teller), has access to and physical possession of company funds but does not have juridical possession over them, commits qualified theft, not estafa, if they take and appropriate such funds with grave abuse of confidence and intent to gain. |
Criminal Law II Qualified Theft |
Benabaye vs. People (25th February 2015) |
AK922866 755 Phil. 145 , G.R. No. 203466 |
The case arose from an internal audit conducted by Siam Bank Inc., Iligan City Branch, which uncovered alleged fraud and irregularities in its loan transactions. Specifically, the audit revealed non-remittance of loan payments collected by its employees, including petitioner Cherry Ann Benabaye, who was a Loans Bookkeeper. | An employee who receives money or property on behalf of an employer acquires only material or physical possession, not juridical possession; thus, the misappropriation or conversion of such money or property by the employee constitutes theft, not Estafa under Article 315, paragraph 1(b) of the Revised Penal Code. |
Criminal Law II Theft |
Del Socorro vs. Van Wilsem (10th December 2014) |
AK580817 749 Phil. 823 , G.R. No. 193707 |
Petitioner Norma A. Del Socorro, a Filipina, and respondent Ernst Johan Brinkman Van Wilsem, a Dutch national, were married in Holland and had a son, Roderigo. Their marriage was dissolved by a divorce decree in Holland. Petitioner and her son returned to the Philippines. Respondent, who also came to the Philippines and remarried, allegedly failed to provide the promised monthly support to their son. | A foreign national can be held criminally liable under R.A. No. 9262 for unjustly refusing or failing to give financial support to his minor child, even if his national law might not impose such an obligation, if said foreign law is not proven in Philippine courts (invoking processual presumption) or if applying such foreign law would be contrary to Philippine public policy or work an injustice to a resident child. |
Criminal Law II VAWC |
People vs. Jumawan (21st April 2014) |
AK373008 722 SCRA 108 , 733 Phil. 102 , G.R. No. 187495 |
The accused-appellant, Edgar Jumawan, and the private complainant, KKK, were married in 1975, raised four children, and established several businesses primarily managed by KKK. While their conjugal intimacy was initially fulfilling, the accused-appellant reportedly became sexually brutal starting in 1997, foregoing foreplay and causing physical pain, leading KKK to resist, which resulted in threats. In 1998, quarrels increased, often initiated by the accused-appellant complaining about KKK's preoccupation with their businesses' financial problems and her alleged failure to attend to him, stating a woman's place was at home and in bed. | R.A. No. 8353, the Anti-Rape Law of 1997, unequivocally criminalizes marital rape, and the archaic doctrine of irrevocable implied consent to sexual intercourse within marriage is rejected; therefore, a husband can be convicted of raping his wife if the act is committed through force, threat, or intimidation, just like any other perpetrator, without requiring different elements of the crime or standards of proof. |
Criminal Law II Rape |
Disini vs. Secretary of Justice (11th February 2014) |
AK238408 727 Phil. 28 , G.R. No. 203335 , G.R. No. 203299 , G.R. No. 203306 , G.R. No. 203359 , G.R. No. 203378 , G.R. No. 203391 , G.R. No. 203407 , G.R. No. 203440 , G.R. No. 203453 , G.R. No. 203454 , G.R. No. 203469 , G.R. No. 203501 , G.R. No. 203501 , G.R. No. 203515 , G.R. No. 203518 |
The proliferation of internet use and the rise of cyberspace activities brought about new avenues for communication, commerce, and information dissemination, but also new forms of criminal behavior collectively termed "cybercrimes." Recognizing the need to address these emerging threats, the Philippine government enacted Republic Act No. 10175, the Cybercrime Prevention Act of 2012, to define and penalize various offenses committed through or with the use of computer systems, and to provide for their prevention, investigation, and prosecution. | The Cybercrime Prevention Act of 2012 (R.A. 10175) is constitutional in its general aim to regulate and punish cybercrimes, but specific provisions that unduly curtail fundamental rights, such as certain aspects of online libel, unsolicited commercial communications, real-time collection of traffic data without a warrant, and the power of the Department of Justice to restrict or block access to computer data, are unconstitutional. |
Constitutional Law II Criminal Law II Philosophy of Law Statutory Construction Police Power; Freedom of Expression, Libel, and Cyberlibel |
Garcia vs. Drilon (25th June 2013) |
AK592766 699 SCRA 352 , 712 Phil. 44 , G.R. No. 179267 |
Republic Act No. 9262 was enacted by Congress in 2004 as a landmark law defining and criminalizing various forms of violence against women and their children (VAWC) perpetrated by intimate partners (husbands, former husbands, partners, etc.), providing protective measures like protection orders, and outlining duties of government officials in responding to VAWC complaints. The law was a response to the high prevalence of domestic violence against women in the Philippines, often committed by their intimate partners, and aimed to address the historically unequal power relations between men and women. This case arose when a husband, subjected to Temporary Protection Orders under RA 9262, challenged the law's fundamental validity before the courts. | Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004, is constitutional and does not violate the equal protection clause, the due process clause, or constitute an undue delegation of judicial power to barangay officials. |
Constitutional Law II Criminal Law II Equal Protection, VAWC |
Bongalon vs. People (20th March 2013) |
AK835327 694 SCRA 12 , 707 Phil. 11 , G.R. No. 169533 |
The incident occurred during an evening procession where the petitioner's minor daughters and the victim, Jayson dela Cruz (a 12-year-old minor), along with his brother, were participants or bystanders. An initial altercation involving alleged stone-throwing and name-calling between the children preceded the petitioner's confrontation with Jayson. | An act of laying hands on a child constitutes the crime of child abuse under Section 10(a) of Republic Act No. 7610 only if the prosecution proves beyond reasonable doubt that the accused specifically intended to debase, degrade, or demean the intrinsic worth and dignity of the child as a human being; otherwise, the act is punishable under the Revised Penal Code for physical injuries. |
Criminal Law II Slight Physical Injuries, Child Abuse |
People vs. Trestiza (16th November 2011) |
AK906974 660 SCRA 407 , 676 Phil. 420 , G.R. No. 193833 |
The Supreme Court affirmed that police officers can be held liable for kidnapping when they act in their private capacity rather than in furtherance of official functions, upholding the conviction of PO1 Trestiza and his co-accused for kidnapping for ransom. |
Criminal Law II |
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Ivler vs. Hon. Judge Modesto-San Pedro, et al. (17th November 2010) |
AK093224 649 Phil. 478 , G.R. No. 172716 |
The case arose from a vehicular collision in August 2004 involving petitioner Jason Ivler and the vehicle of respondent Evangeline Ponce and her husband, Nestor C. Ponce. This incident led to injuries to Evangeline Ponce, the death of Nestor C. Ponce, and damage to the Ponces' vehicle. | A prior conviction for a quasi-offense under Article 365 of the Revised Penal Code, such as Reckless Imprudence Resulting in Slight Physical Injuries, bars a subsequent prosecution for another quasi-offense, like Reckless Imprudence Resulting in Homicide and Damage to Property, if both arise from the same act of reckless imprudence, because reckless imprudence is a single offense and prosecuting its multiple consequences separately violates the constitutional right against double jeopardy. |
Criminal Law II Reckless Imprudence |
Soriano vs. People (1st February 2010) |
AK193031 625 Phil. 33 , G.R. No. 162336 |
The Office of Special Investigation (OSI) of the Bangko Sentral ng Pilipinas (BSP) transmitted a letter with five affidavits to the Department of Justice (DOJ), alleging that Hilario P. Soriano, then president of the Rural Bank of San Miguel (Bulacan), Inc. (RBSM), orchestrated a fraudulent P8 million loan. The loan appeared in the name of spouses Enrico and Amalia Carlos, who denied applying for or receiving it. It was alleged that Soriano ordered, facilitated, and received the loan proceeds without board authorization or proper reporting, using an unsuspecting depositor's name. | A bank officer violates the DOSRI law (Section 83 of RA 337) when he acquires bank funds for his personal benefit, even if such acquisition was facilitated by a fraudulent loan application using a third party's name; such fraudulent acquisition does not negate the "indirect borrowing" and can concurrently constitute the crime of estafa through falsification of commercial documents, as the officer holds the funds in a fiduciary capacity and misappropriates them. |
Criminal Law II Estafa |
Jacinto vs. People (13th July 2009) |
AK482641 610 Phil. 100 , G.R. No. 162540 |
The case originated from an employer-employee relationship where the petitioner, a collector for Mega Foam International Inc., was entrusted with receiving payments from customers. The dispute arose when a check payment collected by the petitioner was not remitted to the company but was instead deposited into an account linked to her family and was subsequently dishonored, leading to accusations of theft with grave abuse of confidence. | The taking of a worthless check, even with intent to gain and grave abuse of confidence, constitutes an impossible crime under Article 4, paragraph 2, in relation to Article 59 of the Revised Penal Code, because the inherent lack of value in the check at the time of taking makes the consummation of theft factually impossible. |
Criminal Law II Impossible Crime |
Laurel vs. Judge Abrogar (13th January 2009) |
AK193690 596 Phil. 45 , G.R. No. 155076 |
The case arose from allegations that the petitioner, Luis Marcos P. Laurel, along with others, engaged in International Simple Resale (ISR). ISR is a method of routing and completing international long distance calls using a telecommunication company's lines, cables, antennae, and/or air wave frequency, connecting directly to local or domestic exchange facilities, thereby bypassing the official international gateway of the telecommunication company and depriving it of revenue. | The business of providing telecommunication and the telephone service itself are personal properties capable of appropriation and can be the subject of theft under Article 308 of the Revised Penal Code; the act of International Simple Resale (ISR), which involves unauthorized routing of international calls using a telecommunication company's facilities, constitutes unlawful taking (subtraction) of such business and service. |
Criminal Law II |
Soria vs. Desierto (31st January 2005) |
AK603974 450 SCRA 339 , 490 Phil. 749 , G.R. Nos. 153524-25 |
The Supreme Court upheld the time-honored practice of non-interference in preliminary investigations conducted by prosecutory bodies absent grave abuse of discretion, affirming that Sundays, holidays, and election days are excluded in computing the periods prescribed in Article 125 of the Revised Penal Code. |
Criminal Law II |
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People vs. Comadre (8th June 2004) |
AK679022 431 SCRA 366 , 475 PHIL. 293 , G.R. No. 153559 |
The case arose from an incident where victims were having a drinking session on the terrace of a house when the appellants allegedly stopped in front, and one of them, Antonio Comadre, lobbed a hand grenade onto the roof, which subsequently exploded, causing death and injuries. | A single act, such as detonating a hand grenade, that results in death (Murder) and injuries (Attempted Murder) constitutes a complex crime under Article 48 of the RPC, punishable with the penalty for the most serious crime (Murder) applied in its maximum period; when both treachery and explosion attend the killing, explosion qualifies the crime to Murder if it was the principal means employed, while treachery is considered a generic aggravating circumstance. Conspiracy must be proven by positive acts of cooperation beyond mere presence or relationship, and absent such proof, co-accused cannot be held liable. |
Criminal Law II Murder |
People vs. Suzuki (23rd October 2003) |
AK996295 414 SCRA 43 , G.R. No. 120670 |
The case stems from an airport security check at Bacolod Airport where the defendant, a Japanese national, was found in possession of marijuana concealed in a box of "Bongbong's piaya." The case raises important questions about the constitutionality of airport security searches and the rights of individuals against unreasonable searches and seizures. | The Supreme Court held that routine airport security procedures constitute a valid exception to the constitutional protection against warrantless searches and seizures. Persons may lose this protection due to reduced privacy expectations associated with air travel. When these procedures reveal contraband, and the accused is caught in flagrante delicto, both the warrantless search and subsequent arrest are valid. However, in imposing penalties for drug possession, courts must apply the lesser of two indivisible penalties when there are no aggravating or mitigating circumstances. |
Criminal Law II |
People vs. Quiñanola (5th May 1999) |
AK891024 306 SCRA 710 , G.R. No. 126148 |
The case arose from the alleged rape of a 15-year-old girl, Catalina Carciller, by two armed men, Agapito Quiñanola and Eduardo Escuadro, in Dumanjug, Cebu, on the night of March 5, 1994. The appellants allegedly accosted the victim and her companions, separated her from them, and took turns sexually assaulting her at gunpoint. | The crime of frustrated rape does not exist in Philippine jurisprudence; any penetration of the female sex organ by the male organ, however slight, including mere entry into the labia or lips of the female organ ("mere touching of the external genitalia"), constitutes consummated rape. |
Criminal Law II Rape |
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