Crim Cases
Crim Cases
Crim Cases
- acquittal or dismissal can only be appealed by sol gen acting on behalf of the state
- 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
- life imprisonment for carnapping has long been replaced with perpetua to death,
RA 7659
- 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
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
- 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
- to raise defense, political objective must be proven. If so, case dismissed and
another information filed
- remedy if political motive proven: substitution; file first new charge before
dismissal
-sweetheart theory
-expert testimony is relied in malpractice suits, except when res ipsa loquitor is
raised
- 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
- dura lex sed lex - penalty, altho old law, must be applied
- 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
- information failed to state term "conspiracy," but contained words which indicate
conspiracy - valid
- 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
- 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
- sec 21 in DD not complied = arrest not illegal and articles seized not inadmissible
as long as integrity and evidential value is preserved
Crim cases II
Pp vs pragante, 642 scra 566, feb 9, 2011
- pp vs laren: child is exploited when child indulges for consideration under coercion
or influence of any adult, syndicate, or group
-RA 8484 - "possession" does not appear in information, but appeared in preamble
= substantial compliance
-libel or defamation
-actual damage to govt arising from non-liquidation of cash advnce is not essential
element of PD 1445
Pp vs presas
-physi
- RA 6713 - does not say that review and compliance procedure is prerequisite for
filing of admin charges over SALN
- DD = corpus delicti
- rape
- separate rape only if a long time has passed
- accountable public officer = who has custody or control of public funds or property
by reason of the duties of his office
- carnapping definition
- muslim married non-christian not solemnized in muslim rites = family code applies
- bigamy
- 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
- civil liability other than delict survives death of accused, recover through separate
civil action
- malversation
- restitution of public funds does not exonerate because payment does not
extinguish criminal liability
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
Libel
- all persons who participated in publication are liable, including editor, business
manager, equally responsible to the same extent as if author
-vawc
Bonggayon vs pp
- to debase, demean, degrade the intrinsic worth of the child = child abuse
Gr. 172206
Receipts for registered letters do not themselves prove receipts, must be properly
authenticated to be proof of notice of dishonor
Garcia vs drilon
RA 9262 - even woman may be culprit of VAWC because of gender neutral term
- filing of crim case in court does not prevent ombudsman from exercising its power
-fencing definition
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.
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
- 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
Delay in reporting rape does not undermine charge where delay is grounded in
threats from accused
- (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
Pp vs twayco
Valenzuela vs pp
-aggravating - altho not appearing in information but there are facts and
circumstances pointing thereo = appreciable
Matrido vs pp
-personal property subject of theft must have value since intent is to gain
- ra 7610
Reneno vs pp
Garcia vs sandiganbayan, 603 scra 348
- forfeiture under ra 1379 arises out of cause of action separate and distinct from
plunder thus negating the notion that plunder absorbs forfeiture
-ombudsman is not required to furnish the respondent with the copy of the
complaint prior to ordering preventive suspension
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
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
- 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
Pp vs baluntong
-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
Pp vs siton
-vagrancy constitutional
- 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
Read:
-filed beyond 15 day period - judgment final and executory, lower court can no
longer act on probation
- bigamy does not necessarily entail joint liability of two persons (one may be
innocent, ex. Did not know fact of marriage)