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Crime Digest
Crime Digest
CHARACTERISTICS OF CRIMINAL LAW started on November 20. Twenty-one Senators took their
oath as judges with Supreme Court Chief Justice Hilario
A. Generality Davide, Jr. presiding.
a. Laws on Presidential Immunity Well-known lawyers fought the battle royal. The day to day
trial was covered by live TV with the testimony of Equitable-
ESTRADA v. DESIERTO PCI’s senior vice president Clarissa Ocampo as the most
G.R. No. 146738 dramatic point of the hearings. She testified that she was a
March 2, 2001 foot away from the petitioner when he affixed the signature
Jose Velarde on documents involving a 500-million
Case digest by: AGULAN, Rona Marie P.
investment agreement with their bank on February 4, 2000.
Furthermore, Atty. Edgardo Espiritu, the petitioner’s
Principle: “The president shall be immune from suit during
Secretary of Finance, alleged that the petitioner jointly
his tenure.” remains in consideration that if the President is
owned BW Resources Corporation with Mr. Dante Tan who
not immune from suit, he may have to spend all of his time
was facing charges of insider trading. On January 16, by a
facing litigations. Therefore, incumbent presidents are
vote of 11-10, the opening of the second envelope allegedly
immune from suit during the period of their incumbency and
containing the evidence that the petitioner held P 3.3 Billion
tenure but not beyond.
under a Jose Velarde account was ruled against. This sparked
an outburst of anger that eventually led to an assembly of
Furthermore, the cases filed against the petitioner are
people at EDSA on January 18 calling for the petitioner’s
criminal in character involving plunder, graft and corruption
resignation. The following day, the Philippine National Police
and bribery. One of the great themes of the 1987
and the Armed forces of the Philippines also withdrew their
Constitution is that a public office is a public trust. It declared
support for the petitioner and joined the people at EDSA.
that “The State shall maintain honesty and integrity in the
public service and take positive and effective measures
At 2:00 PM, the petitioner appeared on-air stressing that he
against graft and corruption.” These Constitutional policies
will not resign and only a guilty verdict will remove him from
will be devalued if a non-sitting president enjoys immunity
the Presidency. At 6:15 PM, he appeared again on-air calling
from suit for criminal acts committed during his incumbency.
for a snap Presidential election and that he will not become a
candidate for the said election.
Facts:
On January 20, the SC declared the seat of presidency vacant
as the petitioner had “constructively resigned from his post”.
In the May 11, 1998 elections, Joseph E. Estrada and Gloria th
Respondent took oath as the 14 president of the
Macapagal-Arroyo were elected as president and vice-
Philippines at 12 noon. Petitioner and his family left the
president respectively. Both were to serve a six-year term
Malacanan Palace shortly thereafter releasing a statement
commencing on June 30, 1998.
that he had “strong and serious doubts about the legality
and constitutionality of her proclamation as President.”
However, the petitioner was plagued by a plethora of
problems that slowly eroded his popularity. His downfall,
A heap of cases filed against the petitioner followed. He filed
however, started when Ilocos Sur Governor Luis “Chavit”
a petition for prohibition with a prayer for a writ of
Singson went on air and exposed that the petitioner was part
preliminary injunction. It sought to enjoin the respondent
of the Jueteng scandal and had received millions of pesos
Ombudsman from “conducting any further proceedings in
from jueteng lords. The expose ignited reactions of rage.
cases filed against him not until his term as President ends.”
Different groups and personalities asked for the resignation
He also prayed for judgment “confirming petitioner to be the
of the petitioner. This included Archbishop Jaime Cardinal
lawful and incumbent President temporarily unable to
Sin, Senator Aquilino Pimentel, former President Fidel Ramos
discharge the duties of his Office, and declaring respondent
and former President Corazon Aquino who asked the
to have taken her oath as and to be holding the Office of the
petitioner to make the “supreme self-sacrifice”. Early on, or
President, only in acting capacity pursuant to the provisions
on October 12, the respondent resigned as Secretary of
of the Constitution.”
Department of Social Welfare and Services and later asked
the petitioner to resign as well. However, the petitioner
Issue/s:
refused to resign and held on to his office. Four senior
economic advisers of the petitioner resigned and Speaker
1. Whether or not the petitions present a justiciable
Manuel Villar, together with forty-seven representatives, then
controversy.
defected from Lapian ng Masang Pilipino.
2. Whether or not the petitioner truly resigned from
Office.
On November 13, House Speaker Villar transmitted the
3. Whether or not the petitioner is still immune from
Articles of Impeachment, signed by 115 representatives, or
criminal prosecution.
more than 1/3 of all the members of the House to the Senate
causing political convulsions in both Houses of Congress.
Senator Pimentel replaced Senator Drilon as Senate
President. Speaker Villar was unseated by Representative
Fuentebella. Impeachment trial of the petitioner formally
Case Digests by 1 LE - 104 |2
Issue/s:
US v. FOWLER
G.R. No. L-496
December 31, 1902
Case digest by: AMACIO, Greshiel G.
Facts:
Issue/s:
Held:
c. PD 1083
MARBILLA-BOBIS v. BOBIS
G.R. NO. 138509,
July 31, 2000
Case digest by: AMACIO, Greshiel G.
Facts:
Issue/s:
Held:
NOLLORA, JR v. PEOPLE
G.R. No. 191425 Nollora put up his Muslim religion as his sole
September 7, 2011 defense. He alleged that his religion allows him to
Case digest by: CAJEGAS, Sheena Angela A. marry more than once. Granting arguendo that
Nollora is indeed of Muslim faith at the time of
celebration of both marriages, Nollora cannot deny
Principle: Article 13(2) of the Code of Muslim Personal Laws
that both marriage ceremonies were not conducted
states that in case of a marriage between a Muslim and a
in accordance with the Code of Muslim Personal
non-Muslim, solemnized not in accordance with Muslim law
Laws, or Presidential Decree No. 1083.
or this Code, the [Family Code of the Philippines, or Executive
Order No. 209, in lieu of the Civil Code of the Philippines]
shall apply. Article 13(2) of the Code of Muslim Personal Laws
states that in case of a marriage between a Muslim
and a non-Muslim, solemnized not in accordance
Nollora is indeed of Muslim faith at the time of celebration of
with Muslim law or this Code, the [Family Code of
both marriages; Nollora cannot deny that both marriage
the Philippines, or Executive Order No. 209, in lieu
ceremonies were not conducted in accordance with the Code
of Muslim Personal Laws, or Presidential Decree No. 1083. of the Civil Code of the Philippines] shall apply.
Nollora’s religious affiliation is not an issue here.
Neither is the claim that Nollora’s marriages were
Facts:
solemnized according to Muslim law. Thus,
regardless of his professed religion, Nollora cannot
Jesusa Pinat Nollora, who was working as a staff midwife in
claim exemption from liability for the crime of
King Abdulah Naval Base Hospital, and Atilano Nollora, Jr.
bigamy.
met in Saudi Arabia. He courted her and they on April 06,
1999, they got married in Sapang Palay, San Jose del Monte,
Bulacan. While working abroad, Jesusa heard some rumors
that her husband married another woman, because of
anxiety and emotional stress, prompting her to go back to
the Philippines. While in the Philippines, Jesusa learned that
indeed her husband, Atilano Nollara, Jr. contracted a second
marriage with co-accused Rowena P. Geraldino, when she
secured a certification as to the civil status of Atilano O.
Nollora, Jr. from the National Statistics Office sometime in
November 2003.
Issue/s:
Held:
Facts:
Issue/s:
Held:
Facts:
Issue/s:
Held:
Facts:
Only July 27, 2003 at around 1:00am, more than 300 heavily
armed junior officers and enlisted men of the AFP entered
the premises of Oakwood Apartments in Makati. They then
announced their grievances against the Arroyo
Administration, corruption in the Military; illegal sale of arms
and ammunitions to the enemies; they demanded for the
resignation of the President, the Cabinet and AFP and PNP
top brass. The President issued G.O. No. 4 declaring a state of
rebellion. Negotiates were sent to the place and the soldiers
finally laid their arms.
Issue/s:
Held:
e. RA 75
SHNECKENBURGER v. MORAN
G.R. No. L-44896
July 31, 1936
Case digest by: DOMINGO, Mark Ivan Khalser A.
Facts:
Issue/s:
Held:
Issue/s:
Held:
Issues
Fourth, under the Vienna Convention on Diplomatic
Relations, a diplomatic agent, assuming petitioner is
1. Whether or not petitioner, as an official of an
such, enjoys immunity from criminal jurisdiction of
international organization, is entitled to diplomatic
the receiving state except in the case of an action
immunity.
relating to any professional or commercial activity
exercised by the diplomatic agent in the receiving
Held:
state outside his official functions. As already
mentioned above, the commission of a crime is not
1. No. The Petitioner is not entitled to diplomatic
part of official duty.
immunity because he is an official of an
international organization and not a diplomatic
envoy and hence his immunity is not absolute.