1. People of the Philippines VS.

Noe Toledo, September 25, 2004

-

Accidental self defense

2. People of the Philippines VS. Antonio Pumadre, June 8, 2004

-

Murder

Generic Treachery

Principal Mode Use of explosives

3. Samallio VS. Court of Appeals, March 31, 2005

-

Accused charged by probation

Question: Can he be reinstated to his former position? No, Apply again.

4. Cabanlig VS. Sandigan Bayan, July 28, 2005

-

Justifying circumstances: Fulfillment of duty & self defense

Distinguish the two

Self Defense Preservation from moral harm

Fulfillment of duty Premise of due performance of duty.

5. People of the Philippines VS. Judge Evangelista, February 20,

1996
-

Probation and appeal are mutually exclusive

Appeal precludes probation

6. Pablo Francisco VS Court of Appeals, April 6, 1995

-

Probation not available to accused who have appealed

Penalties in multiple prison terms

Primary Reformation of probation

o

General : If you appeal , you cant file for probation

Except:

Penalty is wrong

Proprietary of the decision

7. Basis of placing an offender in probation

-

Naa sa book

8. Mandatory condition for probation

-

Naa sa book, section 10.

9. Baclayon VS Mutya, 129 SCRA 148

-

10.
11.

Conditions: Do not teach - Wrong

o

May not impose a condition on lawful profession

Has the right to exercise your profession

People of the Philippines VS. Fe Arcilla, May 15, 1996

Reclusion perpetua as an indivisibla penalty
People of the Philippines VS. Deopante

Physical defect Hand Mitigating

Penance physical defense

o

12.

Shows that such defect limited his means to act or defend

himself to the extent that he did not have complete freedom

Monsanto VS Factora

Accused is pardoned

Can he re-assume his position?

o

Reapply

13.
Distinguish between Reclusion Perpetua and Life
imprisonment
-

Reclusion Perpetua
o

Under RPC and has an accessory penalty

Life Imprisonment
o

No accessory penalty

14.

Filing of probation closes appeal

15.

People of the Philippines VS. Jacinto, July 13, 2009

Gain from the things stolen

16.
-

People of the Philippines VS. Valenzuela

No frustrated theft

17.
People of the Philippines VS. Eduarte, Volume 602 SCRA
Page 448, November 29, 2009
-

Determining penalty

Fixing widest fixation

Minimum term lead entire with discretion

Mitigating circumstance approved

18.

Circumstances: People of the Philippines VS. Valenzuela

Information : Must be stated

Not necessary to use the word aggravating, aggravated by, mitigating,

mitigated by

Just use facts

19.
446
-

People of the Philippines VS. Espinosa, Volume 615 Page

What is the doctrine of rational equivalence?

20.
187

People of the Philippines Vs. Barte, Volume 631 SCRA page

Use of explosives

Killing of several people

Qualified murder

Clustered

Lesser degree of perversity

21.

Barredo VS. Binarao, August 2, 2007

Punente: Corona

Petitioner : Serve the more severe penalty

22.

People of the Philippines VS. Simon Fernan, Cebu Case,

Estafa through falsification of documents

23.

What are the kinds of conspiracy?

24.

Estrada VS. Sandiganbayan

Plunder

2 Structures of multiple conspiracy

o

Wheel or circle

Single person or group (the Hub) dealing with 2 or more

persons or groups (the stokes)

Chain conspiracy

Usually involving distribution of narcotics

Successive communication and cooperation

25.
People of the Philippines Vs. Aristotle Evangelista, June 21,
2009
-

Subjective phase and objective phase

Felony has Subjective phase

o

Acts constitute a crime. Begins at the commission of the crime

and rest when act is performed

Theft intent to gain

Use words took or take

Theft is consummated no matter how momentary

26.

People of the Philippines VS. Impelles

Coconut

Deprivation of property with intent to gain

Attempted or consummated

27.

People of the Philippines VS. Villareal

Hazing

Lack of intention to commit so grave a wrong does not apply to

mitigating

28.

Criminal Liability

Extinguished by the death of the convict

Pecuniary penalties

Extinguishes if convict dies prior to final judgment

29.

Bagari Vs. Marabi

30.

People of the Philippines VS. Carmen

31.

Intent to kill

Collective acts where tantamount to negligence

Cumulative effect

Redounded to all who directly participated

32.

People of the Philippines VS. Atienza

33.

Bangan VS. Gatbalige

Prescription of penalty

After evasion of service of sentence

34.

Philippines Rapid Bus VS. Gatbalige

35.

Moreno Vs. Comelec

Immoral doctrines

Malversation of funds