DEAR FUTURE LAWYERS

  BENJAMIN "KOKOY" ROMUALDEZ v. OMBUDSMAN AND PCGG G.R. Nos. 165510-33, July 28, 2006 YNARES-SANTIAGO, J.: TOPICS: RELATION OF PRESCIPTION UNDER THE REVISED PENAL CODE TO                                 SPECIAL PENAL LAWS PRESCRIPTION FACTS: Petitioner Benjamin Romualdez claims that the Office of the Ombudsman gravely abused its discretion in recommending the filing of 24 information against him for violation of Section 7 of Anti-Graft and Corrupt Practices Act.  It was raised that the Ombudsman cannot revive the aforementioned cases which were previously dismissed by the Sandiganbayan.  The defense of prescription may be raised for the first time on appeal and thus, there is no necessity for the presentation of evidence thereon before the court a quo. The Ombudsman argues that the dismissal of the information does not mean that petitioner was thereafter exempt from criminal prosecution....

ARSENIA B. GARCIA v. PEOPLE G.R. No. 157171, March 14, 2006 QUISUMBING, J.: TOPICS: MALA PROHIBITA AND MALA IN SE IN ELECTION LAWS            FACTS: Petitioner Garcia and several members of the Board of Canvassers of Alaminos, Pangasinan allegedly decreased the votes received by senatorial candidate Aquilino Q. Pimentel, Jr. from six thousand nine hundred ninety-eight (6,998) votes as clearly disclosed in the total number of votes in the one hundred fifty-nine (159) precincts of the Statement of Votes by Precincts of the said municipality, to one thousand nine hundred twenty one (1,921) votes reflected in the Statement of Votes by Precincts and Certificate of Canvass. RTC acquitted all the accused for insufficiency of evidence except for the petitioner who was found guilty for violation of Section 27(b) of R.A. No. 6646.  Petitioner contends that there is no motive on her part to reduce the votes of private complainant.  Respondent contends t...

EVANGELINE LADONGA v. PEOPLE G.R. No. 141066, February 17, 2005 AUSTRIA-MARTINEZ, J.: TOPICS: CONSPIRACY IN VIOLATION OF B.P 22                       SUPPLETORY APPLICATION OF THE REVISED PENAL CODE                       CONSPIRACY FACTS: Spouses Adronico and Evangeline Ladonga was a regular customers of Alfredo Oculam's pawnshop.  Ladonga spouses obtained several loans from Oculam which were guaranteed by several check.  The said checks bounced for the reason of "Closed Account".  Spouses Ladonga failed to redeem the checks despite repeated demand thus three (3) criminal cases for conspiracy to commit violation of B.P. 22. RTC found spouses Ladonga guilty for violation of B.P. 22.  On appeal, Evangeline argued that conspiracy RTC erred in finding her criminally liable for conspiring with her husband as the principle of conspiracy is inapp...

JESTER MABUNOT v. PEOPLE G.R. No. 204659, September 19, 2016 REYES, J.: TOPICS: MALA IN SE IN SPECIAL LAWS                      INTENT IN MALA IN SE FACTS: William a classmate of the petitioner threw an object that hit the latter's back.  Petitioner, who was a 19 year old and was under the influence of alcohol reacted by boxing William.  Petitioner went outside the classroom, Dennis, another classmate followed him and a fist fight ensued between the two.  Private respondent Shiva a 14 year old and also a classmate of the respondent tried to pacify them, she was  shoved by the petitioner leaving her with a broken rib.  Petitioner was charged with violation of Section 10(a), Article VI of R.A. 7610. Petitioner argued that since and he and Dennis were exchanging punches, he could not have made a deliberate design to injure Shiva.  Without intent to harm Shiva; otherwise, no crime is committed. IS...

  ARNOLD JAMES YSIDORO v. PEOPLE G.R. No. 192330, November 14, 2012 ABAD, J.: TOPICS: MALA PROHIBITA IN REVISED PENAL CODE                     TECHNICAL MALVERSATION FACTS: Mayor Arnold James Ysidoro of Leyte was accused of the crime technical malversation for approving the release and signed the withdrawal slip for four (4) sacks of rice and two (2) boxes of sardines worth P3,396 from the Supplemental Feeding Program (SFP) which is devoted to the ration of food to malnourished children to Core Shelter Assistance Program (CSAP). The goods were to be given to the workers of the construction for the calamity victims as there was a stoppage of work as the workers had to find food for their families. ISSUE: Whether Ysidoro committed the crime of Technical Malversation. Whether the crime of Technical Malversation is considered mala in se or mala prohibita. HELD: Yes Ysidoro committed the crime of Technical Malversation. The ele...

  INMATES OF NEW BILIBID PRISON v. DOJ G.R. No. 212719, June 25, 2019 PERALTA, J.: TOPICS: WHAT IS A PENAL LAW?                      RETROACTIVE EFFECT OF PENAL LAWS FACTS: Then President Benigno Aquino III signed into law R.A. No. 10592 amending Articles 29, 94, 97, 98, and 99 of the Revised Penal Code.  An IRR was jointly issued by DOJ and DILG.  Petitioners and intervenors assails the validity of its Section 4, Rule 1 that directs the prospective application of the grant of good conduct time allowance, time allowance for study, teaching and mentoring, and special time allowance for loyalty mainly on the ground that it violates Article 22 of the Revised Penal Code. ISSUE: What is a penal law? Should R.A. No. 10592 should be given retroactive effect? HELD: The Supreme Court defined penal law as, "those acts of the Legislature which prohibit certain acts and establish penalties for their violation; or those ...