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

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

Conditions: Do not teach - Wrong

May not impose a condition on lawful profession

Has the right to exercise your profession

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

Reclusion perpetua as an indivisibla penalty

11. People of the Philippines VS. Deopante

Physical defect Hand Mitigating

Penance physical defense

Shows that such defect limited his means to act or defend himself to the extent that
he did not have complete freedom

12. Monsanto VS Factora

Accused is pardoned

Can he re-assume his position?

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

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. People of the Philippines VS. Espinosa, Volume 615 Page 446
-

What is the doctrine of rational equivalence?

20. People of the Philippines Vs. Barte, Volume 631 SCRA page 187
-

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?

Plunder

2 Structures of multiple conspiracy

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

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
o

Extinguishes if convict dies prior to final judgment

29. Bagari Vs. Marabi

Collective acts where tantamount to negligence

Cumulative effect

Redounded to all who directly participated

32. People of the Philippines VS. Atienza

Prescription of penalty

After evasion of service of sentence

34. Philippines Rapid Bus VS. Gatbalige

Immoral doctrines

Malversation of funds