Estafa under Article 315, Par. 1(b), Rev. Penal Code; elements of
VICIA D. PASCUAL vs. PEOPLE OF THE PHILIPPINES, G.R. No. 160540, March 22, 2007“x x x.PETITIONER COMMITTED ESTAFA UNDER ARTICLE 315, PARAGRAPH 1(B) OF THE RPCIn estafa through misappropriation under...
View ArticleEstafa; form of demand
ERLINDA ASEJO vs. PEOPLE OF THE PHILIPPINES, G.R. No. 157433, July 24, 2007“x x x.With regard to the necessity of demand, we agree with the CA that demand under this kind of estafa need not be formal...
View ArticleEstafa; elements of estafa with abuse of confidence
ERLINDA ASEJO vs. PEOPLE OF THE PHILIPPINES, G.R. No. 157433, July 24, 2007“x x x. The foregoing findings clearly support private complainant's claim regarding the purpose of the money, that is, that...
View ArticlePacquiao cannot be disqualified from Senate bid over fight – lawyer | News |...
See - Pacquiao cannot be disqualified from Senate bid over fight – lawyer | News | GMA News Online"x x x.An election lawyer said on Friday that senatorial candidate and incumbent Sarangani...
View ArticlePreliminary investigation; Estafa; sample URGENT OMNIBUS MOTION: 1. FOR...
This is a sample omnibus "motion for reinvestigation, reconsideration and to re-open a preliminary investigation and admit supplemental evidence"in re a case for Estafa. For legal research purposes of...
View ArticleThe ways of committing estafa may be reduced to two, i.e., By means of abuse...
In the case of ROSITA SY vs. PEOPLE OF THE PHILIPPINES, G.R. No. 183879, April 14, 2010, where the sole issue was whether the accused should be held liable for Estafa penalized under Article 315,...
View ArticleLoan of money is civil in nature; no Estafa.
In the case of PEOPLE OF THE PHILIPPINES vs. RICA G. CUYUGAN, G.R. Nos. 146641-43, November 18, 2002, it was held, inter alia, that when an obligation“is civil in character and in the absence of...
View ArticleFraud
The case of ELVIRA LATEO y ELEAZAR, FRANCISCO ELCA y ARCAS, and BARTOLOME BALDEMOR y MADRIGALvs. PEOPLE OF THE PHILIPPINES,G.R. No. 161651, June 8, 2o11, defines FRAUD as follows:“In Alcantara v....
View ArticleEstafa; there can be no estafa if the accused acted in good faith because...
The case ofJOY LEE RECUERDO vs. PEOPLE OF THE PHILIPPINES, G.R. No. 168217, June 27, 2006, held that “there can be no estafa if the accused acted in good faith because good faith negates malice and...
View ArticleTHE GROSS NEGLIGENCE OF FORMER COUNSEL WARRANTS THE REOPENING OF THE CASE.
"x x x.The Respondent respectfully submits that the failure of her former counsel to introduced in the past pleadings prepared by him the exculpating supplemental evidence that are now being sought by...
View ArticleTHE PRESUMPTION OF INNOCENCE OF THE RESPONDENT HAS NOT BEEN OVERTURNED.
1. The EQUIPOISE RULE provides that when there is equilibrium in the evidence presented by both sides, the CONSTITUTIONAL PRESUMPTIOM OF INNOCENCE should tilt the balance of the scale in favor of...
View ArticleCOMPASSIONATE JUSTICE.
"x x x.1. The Respondent is a senior citizen, turning 66 years old on May 2, 2016 (having been born on May 2, 1950).2. The Respondent humbly invokes the sense of COMPASSIONATE JUSTICE of this...
View ArticleTHE DUTY OF THE INVESTIGATING PROSECUTOR TO PROTECT AN INNOCENT RESPONDENT...
"x x x.1. When the Record clearly shows that there is no probable cause, the fair, just and proper action required by law of the investigating...
View ArticleTHE TECHNICAL RULES OF EVIDENCE SHOULD BE LIBERALLY CONSTRUED DURING THE...
In the case of WILFREDO M. TRINIDAD vs. OFFICE OF THE OMBUDSMAN THRU THE OMBUDSMAN SIMEON V. MARCELO AND DEPUTY OMBUDSMAN VICTOR C. FERNANDEZ, ASIA’S EMERGING DRAGON CORPORATION, AND THE SANXXXNBAYAN...
View ArticleOBSERVING THE INTEREST OF JUSTICE EVENHANDEDLY.
1. In the case of VICENTE P. LADLAD, et. al. vs. SENIOR STATE PROSECUTOR EMMANUEL Y. VELASCO, G.R. Nos. 172070-72, June 1, 2007; LIZA L. MAZA, et. al. vs. RAUL M. GONZALEZ, in his capacity as...
View ArticleCommotion in Caloocan court as lawyer acts vs ‘fake lawyer’ | Inquirer News
See - Commotion in Caloocan court as lawyer acts vs ‘fake lawyer’ | Inquirer News"x x x.A man claiming to have a 30-year experience in the law profession—and whose latest clients included a rape...
View ArticleArt. 365, Rev. Penal Code - Imprudence and negligence
REPUBLIC ACT NO. 1790 - AN ACT TO AMEND ARTICLE THREE HUNDRED AND SIXTY-FIVE OF THE REVISED PENAL CODE (RE: PENALTY FOR RECKLESS IMPRUDENCE) Section 1. Article three hundred and sixty-five of the...
View ArticleReckless imprudence; proximate cause; contributory negligence
SABINIANO DUMAYAG vs. PEOPLE OF THE PHILIPPINES, G.R. No. 172778, November 26, 2012“x x x.Reckless imprudence,as defined by our penal law, consists in voluntarily, but without malice, doing or failing...
View ArticleContributory negligence
SABINIANO DUMAYAG vs. PEOPLE OF THE PHILIPPINES, G.R. No. 172778, November 26, 2012“ x x x.Under the proven circumstances, there was contributory negligence on the part of petitioner. It is to be...
View ArticleReckless imprudence; penalty when reckless imprudence in the use of a motor...
ROGELIO J. GONZAGA vs. PEOPLE OF THE PHILIPPINES, G.R. No. 195671, January 21, 2015“x x x.Reckless imprudence, as defined in Article 36540 of the RPC, consists in voluntarily, but without malice, doing...
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