Criminal Cases Digested Essay Example For Students

Criminal Cases Digested Essay Case: Francisco versus Individuals Facts: Macario Linghon without information proceeded to offer to the shop of the candidate Ernesto â€Å"Erning† Francisco the gems which was taken by his sister Pacita Linghon to a certain Jovita Rodriguez. At some point after the gems have been taken, Jovita recently found that the adornments have been missing. She documented an objection for burglary against Pacita in the Counter Intelligence Group of the Philippine National Police in Camp Crame. Pacita was then welcomed for addressing and she at that point gave a sworn articulation highlighting the applicant as the individual to whom she sold the taken adornments. Pacita was then accused of qualified robbery in the Regional Trial Court and was then sentenced liable. With the joint affirmation of examination by the police, a sworn articulation executed by Jovita charging the applicant of purchasing taken adornments and Macario, arraignment witness; affirming against the solicitor, the court found a reasonable justification and gave a warrant of capture for the candidate. Data was then documented by the Provincial Prosecutor with the RTC accusing candidate of disregarding against P. D. No. 1612 or the Anti-Fencing Law. The court held the solicitor liable past sensible uncertainty of damaging P. D. No. 1612. Applicant at that point spoke to the Court of Appeals, where the CA avowed the RTC’s judgment. Applicant at that point carried the case for bid to the Supreme Court, battling that: 1. The Court of Appeals blundered in supporting the preliminary court’s choice. 2. The Court of Appeals blundered in depending on the clashing declarations of indictment witnesses, all of which comprised of gossip proof. Issue: Whether or not the solicitor is liable past sensible uncertainty of damaging P. D No. 1612 or the Anti-Fencing Law? Held: The request is allowed. The choice of the Court of Appeals asserting the choice of the Regional Trial Court of Malolos, Bulacan is REVERSED and SET ASIDE. The solicitor is ACQUITTED of the wrongdoing of damaging P. D. No. 1612 for the prosecution’s inability to demonstrate his blame past sensible uncertainty. The taken property subject of the charge isn't irreplaceable to demonstrate fencing. It is simply substantiating of the declarations and other proof illustrated by the indictment to demonstrate the wrongdoing of fencing and the declaration of a solitary observer must be sound and solid. For this situation, we see the declaration of Macario Linghon as questionable; thus, desolate of probative weight. Case: Recebido versus Individuals Facts: Caridad Dolor sold a specific property to her cousin, Aniceto Recibido, yet didn't execute a record on the home loan yet rather gave applicant a duplicate of the Deed of Sale of the said property. Caridad Dolor went to recover the said property however the solicitor would not permit her to reclaim her property and guarantee that she had offered it to him the said property. Caridad Dolor confirmed from the Office of the Assessor in Sorsogon that there exists on its record a Deed of Sale which was purportedly executed by her and that the property was enlisted in the petitioner’s name. A correlation of the mark of Dolor’s was made in different archives with that of in the said Deed of Sale and found that the mark was misrepresented. Dolor recorded an objection against the solicitor Anecito Recebido with the National Bureau of Investigation. At that point, the Office of the Provincial Prosecutor of Sorsogon recorded the data arraigning solicitor for Falsification of Public Document with the Trial Court. The preliminary court indicted the applicant for the wrongdoing charged and condemned him to a moderate punishment and to pay a fine of Three Thousand Pesos, with auxiliary detainment. What's more, to pay P5,000. 00 for harms and to abandon the land being referred to. On bid, the Court of Appeals confirmed the choice of the preliminary court with the change that the honor for harms is erased. The candidate at that point raised his case under the steady gaze of the Supreme Court. Issue: Whether or not the applicant is liable for the adulteration of an open report. Held: The Court can't perceive any grave maltreatment of caution with respect to the Court of Appeal when it confirmed the judgment of the preliminary court and that the preliminary court didn't submit any blunder in requesting the solicitor to clear the subject property. The moment request is DENIED for absence of legitimacy. Case: People versus Sanchez Facts: Vivencio Malabanan, prosecution’s witness, went to the place of Mayor Antonio Sanchez. Ding Peradillas additionally showed up and afterward educated Sanchez regarding a birthday celebration that will happen close to the living arrangement of Peradilla’s where Nelson Penalosa will join in. City hall leader Sanchez at that point answered, â€Å"Bahala na kayo mga anak. Ayusin lang ninyo and trabaho† and left. Peradillas then promptly educated Luis Corcolon and Artemio Averion and transferred the message â€Å"Ayos na ang pag-uusap at humanap na lang ng sasakyan. † They at that point comprehended it as a request to murder Nelson Penalosa. A short time later, Corcolon, Averion, and Peradillas made the plans and procured two-way radios and a vehicle for the activity. In the wake of checking that Nelson Penalosa was at the gathering, the three denounced including Malabanan bounced into the vehicle and sought after Penalosa’s jeep discharging at it utilizing M-16 and Baby Armalite Rifles, executed in programmed shooting mode. Because of the assault, Nelson Penalosa kicked the bucket alond side with his child, Rickson Penalosa. The blamed mediated the guard for justification and refusal. The preliminary court decided that the denounced plotted in carrying out the wrongdoing. Bad form was available, along these lines qualifying the wrongdoing to kill. It valued the irritating conditions of clear deliberation, evening time and utilization of engine vehicle. The preliminary court considered the wrongdoing as a mind boggling wrongdoing of twofold homicide culpable under Article 48 of the Revised Penal Code and every one of the blamed was sentence to antisocial nature perpetua with fine to pay harms. Blamed Mayos Antonio Sanchez and Artemio Averion together requested from the choice to the Supreme Court. Issue: Whether or not the demonstration of shooting the casualty utilizing armalites in programmed terminating mode comprises a solitary demonstration and, accordingly, the lawful offenses coming about hence are considered as mind boggling violations. Held: We managed in negative and the court MODIFIES the choice of the RTC and discovers blamed appellants Antonio Sanchez and Artemio Averion blameworthy past sensible uncertainty of two checks of homicide, and sentences every one of them to endure two punishments or withdrawn lifestyle perpetua, and each to pay mutually and severally the individual beneficiaries of the people in question. Justin Tresize EssayWhen Andrew, heaved a seat towards Niel, which makes him hasten away. At that point soon after, Fidel saw Niel coming back with a few sidekicks. Mateo ran and called for help, where he and Luz rose after hearing the call of help from Mateo. The two of them saw Mateo being thumped by the blamed and was betrayed by Lito. Mateo was then raced toward the East Avenue Medical Center where he later kicked the bucket in light of the wounds continued. Dr. Freyra of the Philippine National Polica Crime Laboratory Service directed the after death assessment and affirmed that the injuries achieve by the casualty were deadly. Denounced appealing party denied the charges against them and gave a differrent rendition of the occurrence. The preliminary courtfinds Niel Piedad and Lito Garcia blameworthy past sensible uncertainty of the wrongdoing of homicide with no adjusting conditions present, and condemned each to endure punishment of antisocial nature perpetua and to pay for harms done to the beneficiaries of the person in question. Denounced litigant in a flash bid. Issue: Whether or not bad form is specialist in the wrongdoing which will qualify it to kill. Held: The quintessence of injustice is in this manner a purposeful and unexpected assault, bearing the hapless, unarmed and clueless casualty no possibility to oppose or to get away. For this situation, Mateo was clearly overwhelmed and vulnerable when the blamed appellants’ bunch ganged and destroyed him. Mateo couldn't have really foreseen the unexpected arriving of a huge solid stone on his head. The stone was misleadingly struck. The preliminary court, in this way, didn't blunder in sentencing blamed appellants for the wrongdoing for homicide. The court thus, AFFIRM the choice of the preliminary court and condemning them to endure the punishment of antisocial nature perpetua with the MODIFICATION that accussed-appellants are solidarily to pay the beneficiaries of Mateo Lactawan. Case: Quinto versus Andres Facts: Edison Garcia and Wilson Quinto saw Dante Andres and Randyver Pacheco by the mouth of the waste duct. Andres and Randyver welcomed to go fishing inside the seepage. Edison picked to remain outside and chose to sit tight for his companion Wilson. The three at that point entered to the waste framework. Sooner or later, Pacheco rose up out of the waste and left. Andres additionally returned out however headed inside, coming out now conveying the dormant assortment of Wilson and laid it down in the green territory. Garcia fled with the stun of occasions. Andres then illuminate Wilson’s mother, Melba Quinto, that her child is dead. Wilson was covered without post-mortem examination and no criminal grievance was documented. Fourteen days after, the NBI took the sworn proclamations of Garcia, Pacheco, and Meba Quinto’s explanation and the dead body of Wilson was unearthed. Upon the post-mortem, Dr. Aguda of the NBI found that the reason for death is Asphyxia by suffocating; horrendous head injury. The NBI at that point recorded a criminal grumbling for murder against Andres and Pacheco in the Office of the Provincial Prosecutor, which discovered reasonable justification for manslaughter by dolo against the two. Data was recorded with the Regional Trial Court, it excused the ase and held that it couldn't hold the respondents at risk for harms in view of the nonattendance of dominant proof for the demise of Wilson Quinto. The candidate spoke to the Court of Appeals which asserted the rendered ju