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Criminal Law 1 Aggravating Circumstance - Abuse of Superior Strength

PEOPLE VS DE JESUS AND MORALES G.R. No. 186528, January 26 2011 [Aggravating Circumstance - Abuse of Superior Strength] FACTS: Santiago and Armando Arasula, and the two accused were attending a birthday party. When Santiago was already home he heard his brother shout. He ran towards his brother and saw de Jesus and Morales still grabbing him with a small bolo. He ordered the two to stop, they ran away and, upon reaching Armando, he found out that he was already dead. De Jesus admitted the killing but claimed it as a self-defense. The trial court declared de Jesus and Morales guilty of murder. The accused appeal to the CA, argued that, assuming arguendo that they committed the act of killing Armando Arasula, the trial court erred in appreciating the qualifying circumstance of superior strength. CA denied and dismissed the appeal. ISSUE: Whether or not the aggravating circumstance of abuse of superior strength is present in this case. RULING: Yes. SC held that the trial court wa
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Criminal Law 1

PEOPLE OF THE PHILIPPINES VS SUMARAGAO G.R. No. 140873-77, February 6, 2004 FACTS: The spouses Vivencio and Teodora Brigole had four children. Two of them were girls and named- Norelyn and Doneza. Teodora left Vivencio and kept custody of their four children. Then, Teodora and Levi started living together as husband and wife. Sometime in 1995, Norelyn, who was barely ten years old, was gathering firewood with the appellant Levi in his farm. While they were nearing a guava tree, the appellant suddenly boxed her on the stomach. Norelyn lost consciousness. She had her clothes when she woke up. She had a terrible headache and felt pain in her vagina. She also had a bruise in the middle portion of her right leg. The appellant warned not to tell her mother about it, otherwise he would kill her. The sexual assaults were repeated several times so she decided to tell her sister and eventually her mother.   The trial court found the accused guilty of the crime rape and se
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Criminal Law 1 Aggravating Circumstances - Treachery

PEOPLE OF THE PHILIPPINES VS JOSE LARRY COLONIA G.R. No. 138541, June 12 2003 [Aggravating Circumstances - Treachery] FACTS: Antonio Urcinado and Leonardo Mallari were walking in the street at around 1:45 am when they were approached by 9 men. Soon an argument broke out between Mallari and a certain Eduardo Colonia. Mallari kicked Eduardo, and as Urcinado was pacifying Mallari, Rene Colonia struck Mallari with a round stick. As Mallari fell flat on his stomach, Jose Larry Colonia  stabbed Mallari on the left side of his back with a hunting knife, penetrating his chest. Urcinado ran for assistance but upon his return with his companions, they found Mallari already dead and the group had fled. The trial court found Jose Larry Colonia guilty of murder. Co-a ccused Eduardo Colonia and Rene Colonia were acquitted for insufficiency of evidence and for having acted in defense of their brother. ISSUE: Whether or not treachery is present in the case. RULING: No.  SC rule
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Criminal Law 1 Aggravating Circumstance – Dwelling

PEOPLE OF THE PHILIPPINES VS NICANOR SALOME G.R. No. 169077,  August 31 2006  [Article 14 - Revised Penal Code Bk I: Aggravating Circumstance – Dwelling] FACTS: Salome entered into the house where 13 year old Sally Idanan was sleeping. He poked a knife against her neck and then raped her. He threatened Idanan so that she may not report the incident to authorities. When she found out that she’s pregnant, she reported the incident. Salome offered the defense of alibi in court claiming that he went fishing at the time of the incident. Trial court convicted Salome of rape qualified by the use of a bladed weapon, committed inside the dwelling of Sally, as defined and penalized under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659. ISSUE: Whether or not the aggravating circumstance of dwelling be appreciated against Salome. HELD: Yes.  The Court finds Salome’s denial untenable. The aggravating circumstance of dwelling is appreciated agai
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PEOPLE VS. QUE PO LAY

PEOPLE VS. QUE PO LAY, digested Posted by Pius Morados on November 9, 2011 94 SCRA 641, March 29, 1954 (Constitutional Law – Publication of Bank Circulars and Regulations) FACTS: Appellant who was in possession of foreign exchange consisting of U.S. dollars, U.S. checks and U.S. money orders failed to sell the same to the Central Bank through its agents within one day following the receipt of such foreign exchange as required by Central Bank Circular No. 20. Appellant appeals on the claim that the said circular had no force or effect because the same was not published in the official Gazette prior to the act or omission imputed to said appellant. The Solicitor General counters that Commonwealth Act. No. 638 and 2930 do not require the publication in the Official Gazette of said circular issued for the implementation of a law in order to have force and effect. ISSUE: Whether or not circulars and regulations should be published in order to have force and effect. HELD:
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TAÑADA VS. TUVERA

Tañada vs. Tuvera 136 SCRA 27 (April 24, 1985) 146 SCRA 446 (December 29, 1986) TAÑADA VS. TUVERA 136 SCRA 27 (April 24, 1985) FACTS: Invoking the right of the people to be informed on matters of public concern as well as the principle that laws to be valid and enforceable must be published in the Official Gazette, petitioners filed for writ of mandamus to compel respondent public officials to publish and/or cause to publish various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letters of implementations and administrative orders. The Solicitor General, representing the respondents, moved for the dismissal of the case, contending that petitioners have no legal personality to bring the instant petition. ISSUE: Whether or not publication in the Official Gazette is required before any law or statute becomes valid and enforceable. HELD: Art. 2 of the Civil Code does not preclude the requirement of publication in the Official Gazette, even i
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Article 1445

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Article 1445 By: Gretzen M. Colona No trust shall fail because the trustee appointed declines the designation, unless the contrary should appear in the instrument constituting the trust. Ang trust ay hindi maaring maparam o mabigo sa kadahilanan ng hindi pagtanggap ng trustee sa kanyang pagtatalaga, maliban na lang kung ang kabaliktaran ay makikita sa instrumento kung saan nabubuo o naisasaad ang trust. EFFECT OF DECLINATION BY TRUSTEE – Court appoints new trustee GOVERNMENT  vs ABADILLA FACTS: A school teacher originally owned three parcels of land, by composicion gratuita. Before dying, he executed a holographic will party in Spanish and partly in Tagalog, leaving their possession to his widow. The will contained a Tagalog clause which translated read: That the coconut land in Colongcolong, which I have put under cultivation, be used by my wife after my death during her life or until she marries, but from this cocoanut land shall be take
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