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People V.

Punzalan To successfully prosecute a case of illegal possession of dangerous


drugs, the following elements must be established: (1) the accused is in
possession of an item or object which is identified to be a prohibited drug;
(2) such possession is not authorized by Law; and (3) the accused freely
and consciously possessed the said drug.
People V. Dandanon The essential elements of murder are the following: (a) that a person was
killed; (b) that the accused killed him; (c) that the killing was attended by
any of the qualifying circumstances mentioned in Article 248; and (d) that
the killing is not parricide or infanticide. All elements are extant herein.
Mainar V. People For a successful prosecution of the crime of swindling under Article 316,
paragraph 1 of the Revised Penal Code, the following essential elements
of this crime must be established: (1) that the thing be immovable, such as
a parcel of land or a building; (2) that the offender who is not the owner of
said property should represent that he; is the owner thereof; (3) that the
offender should have executed an act of ownership, e.g., selling, leasing,
encumbering, or mortgaging the property; and (4) that the act be made to
the prejudice of the owner or a third person.
Mercado V. People The elements to be established in order to convict him of the crime
charged are, specifically: (1) there must be an entry of imported or
exported articles; (2) the entry was made by means of any false or
fraudulent invoice, declaration, affidavit, letter, or paper; and (3) there
must be intent to avoid payment of taxes.
Olarte V. People The elements of frustrated homicide are: (1) the accused intended to kill
his victim, as manifested by his use of a deadly weapon in his assault; (2)
the victim sustained fatal or mortal wound/s but did not die because of
timely medical assistance; and (3) none of the qualifying circumstances
for murder under Article 248 of the Revised Penal Code exist.
People V. Balcueva The elements of Qualified Rape under Art. 266-A in relation to Art. 266-B
are as follows: (a) the victim is a female over 12 years but under 18 years
of age; (b) the offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil degree, or the
common-law spouse of the parent of the victim; and (c) the offender has
carnal knowledge of the victim either through force, threat or intimidation;
or when she is deprived of reason or is otherwise unconscious; or by
means of fraudulent machinations or grave abuse of authority.
People V. Bandril In incestuous rape of a minor, actual force or intimidation need not be
employed where the overpowering moral influence of the father would
suffice.
People V. Famudulan Sexual congress with a girl under 12 years old is always rape.
People V. Gersamio As long as the elements of rape are present and proven by the
prosecution, the accused could be adjudged guilty thereof notwithstanding
the attendance of other matters that are completely irrelevant to the crime.
People V. Villariez The essence of treachery is the sudden and unexpected attack on an
unsuspecting victim, depriving the victim of any chance to defend himself.

Santiago V. People In the crime of bigamy, both the first and second spouses may be the
offended parties depending on the circumstances, as when the second
spouse married the accused without being aware of his previous
marriage.