Professional Documents
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Criminal Law 2
Criminal Law 2
A. Treason:
1. United States vs. Lagnason, 3 Phil. 472
2. Laurel vs. Misa, 77 Phil. 856
B. Adherence:
3. People vs. Icaron, 89 Phil. 12 – two witness rule does not apply
C. Conspiracy and Proposal:
4. U.S. vs. Bautista, 6 Phil. 581 – two witness rule does not apply
1. People vs Paar (86 Phil 864)
2. People vs Mangahas (93 Phil 118)
3. People vs Agoncillo (80 Phil 33)
A. Arbitrary Detention
8. People vs. Misa, CA 36 O.G. 3496 – Public officials who may be
held liable of arbitrary detention. May be committed thru imprudence
B. Detention defined:
9. Lukban vs. Villavicencio
10. US vs Batalliones (23 Phil 46)
III. Crimes against Public Order
15. US vs Solito
1. Enemecio vs Office of the Ombudsman Visayas (2004)
2. Lastrilla vs Granda (2006)
3. Ark Travel Express vs Judge Abrogar (2003)
B. Murder
30. People vs. Cagoco, Cagoco, 58 Phil. 530
C. Killing a child/minor is murder:
31. People vs. Valerio, 112 SCRA 231
32.People vs. Umawid, G.R. No. 208719, June 9, 2014
D. Homicide
33. U.S. vs. Gloria, 3 Phil. 333
E. Frustrated or Attempted Homicide
34. De Guzman, Jr. vs. People, 742 SCRA 501, G.R. No. 178512, Nov.
26, 2014
F. Discharge of Firearm-
35. Dado vs. People, 392 SCRA 46
G. Less Serious Phy. Injuries
36. Enrile vs. Manalastas, 729 SCRA 49, G.R. No.
H. Slight Physical Injuries-
37. People vs. Mapalo, 514 SCRA 689
I. Rape – RA 8353
38. Ricalde vs. People, G.R. No. 211002, January 21, 2015
J. Statutory Rape
39. People vs. Santiago, G.R. No. 196970, April 2, 2014
K. Rape of Mental Retardate is included in the phrase
“deprived of reason”
40. People of Cataytay, G.R. No. 196315, October 22, 2014
L. Medical Certificate not very necessary
41. People vs. Cabudbod, 585 SCRA 479
M. NO frustrated Rape
42. People vs. Orande, 415 SCRA 699
N. Rape Committed by the Father – moral ascendancy, force,
threat or intimidation no longer required
43. People vs. Dulay, 381 SCRA 346
O. the law does not distinguish between rape committed in
wedlock and those committed without a marriage
44. People vs. Jumawaran, G.R. No. 187495, April 21, 2014.
P. Kidnapping with murder or homicide – no longer be
complexed under Article 48, RPC nor be treated as a separate
crime but shall be punished as a special complex crime under
the last paragraph of Article 267 as amended by R.A. No. 7659
45. People vs. Dionaldo, et al, G.R. NO. 207949, July 23, 2014
Q. Qualified Trespass to Dwelling – the entract must be
against the will of the owner/resident, lack of consent of the
dweller is not enough to constitute the crime of trespass
46. People vs. De Peralta, 42Phil. 69)
R. although not productive of some physical or moral harm,
would unjustly annoy or irritate an innocent person
47. Maderazo vs. People, 503 SCRA 234)
S. Robbery with Homicide –
48. People vs. Balute, G.R. No. 189272, January 21, 2015, citing Banez
T. NO Frustrated Theft –
49. Valenzuela vs. People, 525 SCRA 306
U. ESTAFA – Fraud and deceit not element of estafa by
conversion but it is the infidelity of the conversion or diversion
of funds that takes the place of the usual element, in other forms
of estafa, of fraud or deceit (
50. Dayawon vs. Badilla, 339 SCRA 702)
V. Distinction between Theft and Estafa-
51. Santos vs. People, 181 SCRA 487
W. Estafa by issuance of check vs. B.P. 22
52. Nieva vs. Court of Appeals, 272 SCRA 1
X. Persons exempt from criminal liability –
Y. coverage of Article 332 is limited to theft, swindling or
maliscious mischief
53. Intestate Estate of Gonzales vs. People, G.R. No. 181409, February
11, 2010)
XII. Crimes against Honor (include Administrative Circular 08- 2008 Re:
Guidelines in the Observance of a Rule of Preference in the Imposition of
Penalties in Libel Cases, January 25, 2008)
A. Estafa
36. Batulanon vs. People, 502 SCRA 36
B. Private Document – Falsification or Estafa
C. Perjury
37.Luz vs. COMELEC, 523 SCRA 456 – material matter defined
D. Deliberate intent
38. Villanueva vs. Secretary of Justice, 475 SCRA 495
E. Two contradictory sworn statements not sufficient to
convict a person for perjury
39. U.S. vs. Capistrano, 40 Phil. 902
F. Direct Bribery/indirect bribery – distinguished by
40. Pozar vs. CA, 132 SCRA 729
G. Corruption of Public Officials
41. Disini vs. Sandiganbayan, First Division, 705 SCRA 459, G.R. No.
169823, Sept. 11, 2013
H. Malversation of Public Funds or Property:
42. Previous demand not necessary – People vs. Tolentino, 69 Phil
715
1. Failure to show the public fund or property upon demand is prima
facie evidence – Cantos vs. People, G.R. No. 184908, July 3, 2013
2. Evidence necessary for conviction in Malversation – Mesina vs.
People, 758 SCRA 639, G.R. No. 164489, June 17, 2015
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