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 solicitor Ernesto â€Å"Erning† Francisco the adornments which was taken by his sister Pacita Linghon to a certain Jovita Rodriguez. At some point after the adornments have been taken, Jovita recently found that the gems have been missing. She recorded a grievance for robbery 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 blameworthy. With the joint testimony of examination by the police, a sworn proclamation executed by Jovita charging the solicitor of purchasing taken gems and Macario, arraignment witness; affirming against the applicant, the court found a reasonable justification and gave a warrant of capture for the candidate. Data was then recorded by the Provincial Prosecutor with the RTC accusing solicitor of damaging against P. D. No. 1612 or the Anti-Fencing Law. The court held the applicant liable past sensible uncertainty of damaging P. D. No. 1612. Candidate at that point spoke to the Court of Appeals, where the CA avowed the RTC’s judgment. Solicitor at that point carried the case for bid to the Supreme Court, battling that: 1. The Court of Appeals blundered in continuing 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 prattle proof. Issue: Whether or not the candidate is blameworthy past sensible uncertainty of damaging P. D No. 1612 or the Anti-Fencing Law? Held: The request is conceded. The choice of the Court of Appeals avowing the choice of the Regional Trial Court of Malolos, Bulacan is REVERSED and SET ASIDE. The solicitor is ACQUITTED of the wrongdoing of disregarding 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 vital to demonstrate fencing. It is just verifying of the declarations and other proof cited 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; consequently, desolate of probative weight. Case: Recebido versus Individuals Facts: Caridad Dolor sold a specific property to her cousin, Aniceto Recibido, however didn't execute a report on the home loan yet rather gave candidate a duplicate of the Deed of Sale of the said property. Caridad Dolor went to reclaim the said property however the applicant wouldn't permit her to recover her property and guarantee that she had offered it to him the said property. Caridad Dolor checked from the Office of the Assessor in Sorsogon that there exists on its record a Deed of Sale which was supposedly executed by her and that the property was enrolled in the petitioner’s name. An examination of the mark of Dolor’s was made in different records with that of in the said Deed of Sale and found that the mark was misrepresented. Dolor documented a grumbling against the candidate Anecito Recebido with the National Bureau of Investigation. At that point, the Office of the Provincial Prosecutor of Sorsogon recorded the data arraigning candidate for Falsification of Public Document with the Trial Court. The preliminary court indicted the applicant for the wrongdoing charged and condemned him to a middle of the road punishment and to pay a fine of Three Thousand Pesos, with auxiliary detainment. Also, to pay P5,000. 00 for harms and to empty the land being referred to. On advance, the Court of Appeals attested the choice of the preliminary court with the adjustment 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 candidate is blameworthy for the distortion of an open report. Held: The Court can't recognize any grave maltreatment of caution with respect to the Court of Appeal when it avowed 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 appeal 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 likewise showed up and afterward educated Sanchez regarding a birthday celebration that will happen close to the habitation 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 execute Nelson Penalosa. A while later, Corcolon, Averion, and Peradillas made the courses of action and obtained two-way radios and a vehicle for the activity. Subsequent to checking that Nelson Penalosa was at the gathering, the three charged including Malabanan bounced into the vehicle and sought after Penalosa’s jeep shooting at it utilizing M-16 and Baby Armalite Rifles, executed in programmed discharging mode. Because of the assault, Nelson Penalosa passed on alond side with his child, Rickson Penalosa. The blamed mediated the safeguard for vindication and refusal. The preliminary court decided that the denounced schemed in carrying out the wrongdoing. Bad form was available, subsequently qualifying the wrongdoing to kill. It valued the irritating conditions of obvious intention, evening time and utilization of engine vehicle. The preliminary court considered the wrongdoing as an unpredictable wrongdoing of twofold homicide culpable under Article 48 of the Revised Penal Code and every one of the charged was sentence to withdrawn lifestyle perpetua with fine to pay harms. Denounced Mayos Antonio Sanchez and Artemio Averion mutually advanced from the choice to the Supreme Court. Issue: Whether or not the demonstration of shooting the casualty utilizing armalites in programmed terminating mode establishes a solitary demonstration and, accordingly, the lawful offenses coming about along these lines are considered as mind boggling wrongdoings. Held: We administered 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 antisocial nature perpetua, and each to pay together and severally the particular beneficiaries of the people in question. Justin Tresize EssayWhen Andrew, flung a seat towards Niel, which makes him hurry away. At that point soon after, Fidel saw Niel coming back with a few colleagues. Mateo ran and called for help, where he and Luz developed after hearing the call of help from Mateo. The two of them saw Mateo being whipped by the charged and was betrayed by Lito. Mateo was then hurried toward the East Avenue Medical Center where he later kicked the bucket as a result of the wounds supported. Dr. Freyra of the Philippine National Polica Crime Laboratory Service led the after death assessment and affirmed that the injuries achieve by the casualty were lethal. Denounced appealing party denied the charges against them and gave a differrent rendition of the episode. The preliminary courtfinds Niel Piedad and Lito Garcia liable past sensible uncertainty of the wrongdoing of homicide with no altering conditions present, and condemned each to endure punishment of isolation perpetua and to pay for harms done to the beneficiaries of the person in question. Charged litigant in a split second offered. Issue: Whether or not injustice is chaperon in the wrongdoing which will qualify it to kill. Held: The quintessence of unfairness is in this manner an intentional and unexpected assault, managing the hapless, unarmed and clueless casualty no possibility to oppose or to get away. For this situation, Mateo was clearly overwhelmed and powerless when the denounced appellants’ bunch ganged and battered him. Mateo couldn't have really foreseen the abrupt arriving of a huge solid stone on his head. The stone was deceptively struck. The preliminary court, subsequently, didn't blunder in indicting 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 withdrawn lifestyle 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 seepage duct. Andres and Randyver welcomed to go fishing inside the waste. Edison picked to remain outside and chose to hang tight for his companion Wilson. The three at that point entered to the seepage framework. Sooner or later, Pacheco rose up out of the waste and left. Andres likewise returned out yet headed inside, coming out now conveying the dead assortment of Wilson and laid it down in the green region. 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 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 body of Wilson was uncovered. Upon the post-mortem examination, Dr. Aguda of the NBI found that the reason for death is Asphyxia by suffocating; awful head injury. The NBI at that point documented a criminal objection for manslaughter against Andres and Pacheco in the Office of the Provincial Prosecutor, which discovered reasonable justification for murder 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 subject for harms in view of the nonappearance of dominant proof for the passing of Wilson Quinto. The solicitor engaged the Court of Appeals which certified the rendered ju