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Criminal Cases Rules / Doctrine/s applied

1. PEOPLE v. VIRGILIO A. QUIM Corpus delicti


GR No. 213919, June 15, 2016
the body or substance of the crime which
establishes the fact that a crime has actually
been committed - must also be presented in
court. Hence, the illegal drug itself constitutes
the corpus delicti of the offense and the fact of
its existence is vital for the conviction of the
accused.

2. GREGORY JAMES Direct Bribery


POZAR, Petitioner v. - there is an agreement between the
THE HONORABLE COURT OF public officer and the giver of the gift
APPEALS, Respondent - the offender agrees to perform or
G.R. No. L-62439. October 23, 1984 performs an act or refrain from doing
something because f the gift or
promise

indirect bribery
- usually no such agreement exists
- it is not necessary that the officer
should do any particular act or even
promise to do an act, as it is sufficient
enough that he accepts gifts offered to
him by reason of his office

3. PEOPLE OF THE The aggravating circumstances of minority


PHILIPPINES, Plaintiff-Appellee, v. and relationship, the victim being a 5-year old
ARIEL S. MENDOZA, Accused-Appellant. minor and daughter of the accused, are
G.R. No. 224295, March 22, 2017 attendant in the commission of the offense.

Under Articles 266-A paragraph (1)(a) of the


RPC, as amended, are: (1) that the offender
had carnal knowledge of a woman; and (2)
that such act was accomplished through force,
threat, or intimidation.

Article 266-B, paragraph (1) of the RPC, as


amended, the crime of rape is qualified when
the victim is under eighteen (18) years of age
and the offender is a parent, ascendant,
stepparent, guardian, relative by consanguinity
or affinity within the third civil degree or the
common-law spouse of the parent of the
victim. The minority of a rape victim and her
relationship, being the father of the victim, the
accused-appellant qualified the charge of rape.

4. PO1 CELSO TABOBO III Y EBID Rule 45 of the 1997 Rules of Civil Procedure
VS. PEOPLE OF THE PHILIPPINES
G.R. No. 220977, June 19, 2017 Appeal by Certiorari to the Supreme Court

- a writ or order by which a higher


court reviews a decision of a lower
court.

Basic is the rule that, while affidavits may be


considered as public documents if they are
acknowledged before a notary public, these
Affidavits are still classified as hearsay
evidence. The reason for this rule is that they
are not generally prepared by the affiant, but
by another one who uses his or her own
language in writing the affiant's statements,
parts of which may thus be either omitted or
misunderstood by the one writing them.
Moreover, the adverse party is deprived of the
opportunity to cross-examine the affiants. For
this reason, affidavits are generally rejected for
being hearsay, unless the affiants themselves
are placed on the witness stand to testify
thereon.
5. PEOPLE OF THE PHILIPPINES, Rule 45 Petition
PETITIONER, VS.
MANUEL ESCOBAR, RESPONDENT A petition for review on certiorari under Rule
45 is an ordinary appeal. It is a continuation of
the case from the CA, Sandiganbayan, RTC, or
other courts. The petition must only raise
questions of law which must be distinctly set
forth and discussed.

A petition for certiorari under Rule 65 is an


original action. It seeks to correct errors of
jurisdiction. An error of jurisdiction is one in
which the act complained of was issued by the
court, officer, or quasi-judicial body without or
in excess of jurisdiction, or with grave abuse of
discretion which is tantamount to lack of or in
excess of jurisdiction. The purpose of the
remedy of certiorari is to annul void
proceedings; prevent unlawful and oppressive
exercise of legal authority; and provide for a
fair and orderly administration of justice.

6. PEOPLE OF THE Republic Act No. (RA) 8353, otherwise


PHILIPPINES, Plaintiff- known as the "Anti-Rape Law of 1997
Appellee, v. RUPERTO RUBILLAR, JR. Y
GABERON, Accused-Appellant. Article 266-A. Rape: When And How
G.R. No. 224631, August 23, 2017 Committed. - Rape is committed -

1) By a man who shall have carnal knowledge


of a woman under any of the following
circumstances:

a) Through force, threat or intimidation;

xxxx
To be convicted of Rape under this provision,
the prosecution must prove the following
elements beyond reasonable doubt: (a)
offender had carnal knowledge of the victim;
and (b) such act was accomplished through
force, threat, or intimidation.

7. JESUS V. COSON, Petitioner, v. PEOPLE Rule 45 of the 1997 Rules of Civil Procedure
OF THE PHILIPPINES, Respondent.
G.R. No. 218830, September 14, 2017 Appeal by Certiorari to the Supreme Court
- a writ or order by which a higher court
reviews a decision of a lower court.

Basic is the rule that, while affidavits may be


considered as public documents if they are
acknowledged before a notary public, these
Affidavits are still classified as hearsay
evidence. The reason for this rule is that they
are not generally prepared by the affiant, but
by another one who uses his or her own
language in writing the affiant's statements,
parts of which may thus be either omitted or
misunderstood by the one writing them.
Moreover, the adverse party is deprived of the
opportunity to cross-examine the affiants. For
this reason, affidavits are generally rejected
for being hearsay, unless the affiants
themselves are placed on the witness stand to
testify thereon.

8. BEN MANANGAN vs. PEOPLE OF Review on certiorari under Rule 45 of the


THE PHILIPPINES Rules of Court
G.R. No. 218570, November 22, 2017

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