Lawren

People of the Philippines versus Diño   Facts On June 20, 1946, Roberto Diño was hired as a driver of the US army at a station in Quezon City. At above 11:30 in the morning, he brought a truck load of articles to manila harbor; the article came from the US army. At the check point a guard approached the truck and found three boxes, containing ten caliber 30 army rifles. The guard brought Diño to the lieutenant of the US army for questioning, Diño pointed to the gang but later denied. Later Diño confessed that there were four persons who placed the boxes on board and he was instructed to bring them out of the area. While they were to meet after the truck passed the checkpoint.   Issue: whether or not the crime of theft was consummated considering the foregoing.   Ruling: Trial Court: Diño was found guilty as an accomplice in the consummated crime of theft. Supreme Court: Diño was found guilty as a principal in the frustrated crime of theft. Reason: in ...

 superseded by Kalalo. no injuires, attempted murder People vs. Borinaga   Facts: The victim Harry Mooney, an American who resided in Calubian Leyte, contracted with Juan Lawaan for the construction of a fish corral.   Lawaan attempted to collect the whole amount of the contract even though the corral is not yet finished. Upon Mooney‘s refusal to pay, Lawaan warned and threatened him that something would happen to him.   On that evening, Mooney was in the store of his neighbor, sitting with his back towards a window when suddenly Basilio Borinaga struck him with a knife. The knife imbedded on the back of the seat though. Mooney fell off from the impact but was not injured. Borinaga left the scene but after ten minutes, he returned to have another attempt at Mooney but was warded off by Mooney and his neighbor frightening him by turning a flashlight on him.   Issue: Whether or not the crime is frustrated murder.   Held :   YES. ...

  People v. Kalalo GR Nos. L-39303-39305 March 17, 2009   FACTS:                         On November 10, 1932, the appellants, namely, Felipe Kalalo, Marcelo Kalalo, Juan Kalalo and Gregorio Ramos, were tried in the Court of First Instance of Batangas, together with Alejandro Garcia, Fausta Abrenica and Alipia Abrenica in criminal cases Nos. 6858, 6859 and 6860, the first two for murder, and the last for frustrated murder. Upon agreement of the parties said three cases were tried together and after the presentation of their respective evidence, the said court acquitted Alejandro Garcia, Fausta Abrenica and Alipia Abrenica, and sentenced the other appellants.                           Prior to the commission of the three crimes, the appe...

  EN BANC [G.R. No. 6739. October 16, 1911.] THE UNITED STATES,  Plaintiff-Appellee , v. LUIS BIEN,  Defendant-Appellant . Ramon Mañalac, for  Appellant . Attorney-General Villamor, for  Appellee . SYLLABUS 1. ATTEMPTED HOMICIDE. — The act of throwing into the sea a person who does not know how to swim, is an attempted crime, at least that of homicide, inasmuch as the perpetrator commenced the commission of the crime directly by overt acts, and if he did not consummate it by drowning his intended victim, it was due to the opportune intervention of two witnesses who responded to the cries for help and prevented the assailant from loosening the victim’s hold upon the gunwale of the boat and kept him from sinking. D E C I S I O N TORRES,  J. : This is an appeal by the defendant from a judgment of conviction by the Hon. Judge P. M. Moir. Between 8 and 9 o’clock on the morning of the 3d of May, 1910, the Chinaman, Go Sui Chiang, a resident of the pueblo of Bacac...

Article 19.  Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Lamberto Torrijos v. Court of Appeals L-40336, Oct. 24, 1975 FACTS: Wakat Diamnuan and his wife were the registered owners of one-fourth share of a parcel of land . On May 11, 1968, Wakat Diamnuan and his wile sold their one-fourth share in f avor of petitioner Torrijos for P7,493.00. In 1969, the entire property, together with the share of Wakat Diamnuan and his wife, was sold to Victor de Guia for P 189,379.50.  Hence, Torrijos prosecuted Wakat Diamnuan for estafa before the Baguio Court of First Instance, docketed as Criminal Case No. 70 entitled " People of the Philippines versus Wika Diamnuan. " Decision by judge: imprisonment of 3 months of  arresto mayor , to pay a fine of P7,493.00 with subsidiary imprisonment,  to indemnify petitioner Lamberto Torrijos in the sum of P7,493.00 ...

Article 19.  Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Nera v. Garcia G.R. No. L-13160. January 30, 1960   Facts:   Nera served as clerk in the Maternity and Children’s Hospital, a government institution under the supervision of the Bureau of Hospitals and the Department of Health. He also served as manager and cashier of the Maternity Employer’s Cooperative Association, Inc. Having hold of the positions, the fund of the association is supposedly under his control. On May 11, 1956, he was charged before the Court of First Instance of Manila with malversation for allegedly misappropriating a certain amount of money which belongs to the association. After a few months, a certain Simplicio Balcos, filed an administrative complaint case against Nera. Nera was suspended as clerk of the said hospital, as approved by respondent Garcia, Secretary of Health...

Article 19.  Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. ALFREDO M. VELAYO vs. SHELL G.R. No. L-7817, October 31, 1956.   FACTS: CALI, a domestic airline corporation, met with its creditors to inform them that the corporation was on the verge of insolvency and had to stop operations. To ensure payment of their claims against CALI, the creditors agreed that it would be advantageous not to present suits against CALI but to strive for a fair pro-rata division of its assets, although CALI announced that in case of non-agreement of the creditors on a pro-rata division of the assets, it would file insolvency proceedings. Right after the meeting, defendant Shell Philippines, one of CALI’s creditors who was present in the meeting and who agreed to the pro-rata division, assigned its credit to its sister company, Shell USA. Shell USA then filed with a California...

  The Board of Liquidators v. Heirs of Maximo M. Kalaw, et al. L-18805, Aug. 14, 1967 FACTS: Maximo M. Kalaw, as general manager of the governmental organization, the National Coconut Corporation (NACOCO), entered into various contracts (involving the sale of copra), without prior authority of the Board of Directors. However, he later presented the contracts to the Board for ratification. Under NACOCO’s corporate by-laws, prior approval is required. The Board ratified said contracts (although Kalaw had informed them that losses would be incurred, due to typhoons, etc.). After Kalaw’s death, action was brought against Kalaw’s heirs (and against the members of the Board) to recover governmental losses in the transactions. The action was brought by the Board of Liquidators (an entity that took the place of NACOCO, after it was dissolved).   ISSUE: Can damages be recovered? HELD: Damages cannot be recovered, for Kalaw and the Board did not act in bad faith. Several reasons m...

Article 19.  Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. In Re Emil P. Jurado | 243 SCRA 299 (1995) FACTS: Emiliano P. Jurado, a lawyer and a journalist who writes in a newspaper of general circulation (Manila Standard) wrote about alleged improprieties and irregularities in the judiciary over several months (from about October 1992 to March 1993). Other journalists had also been making reports or comments on the same subject. At the same time, anonymous communications were being extensively circulated, by hand and through the mail, about alleged venality and corruption in the courts. What was particularly given attention by the Supreme Court was his column entitled “Who will judge the Justices?” referring to a report that six justices, their spouses and children and grandchildren (a total of 36 persons) spent a vacation in Hong Kong, and that luxurious hote...

Article 19.   Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Article 20.  Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same. Article 21.  Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Can damages be awarded on self-inflicted injuries? GARCIANO v. COURT OF APPEALS  GR No. 96126 August 20, 1992  PETITIONER: ESTERIA F. GARCIANO RESPONDENTS: THE HON. COURT OF APPEALS, EMERITO LABAJO, LUNISITA MARODA, LALIANA DIONES, CANONISA PANINSORO, DIONISIO ROSAL, REMEDIOS GALUSO, FLORDELUNA PETALCORIN, MELCHIZEDECH LOON, NORBERTA MARODA and JOSEPH WIERTZ SUMMARY: Esteria Garciano is a teacher at the Immaculate Concepcion Institute. She was hired to teach during 1...

  SECTION 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Jesus Garcia v. Hon. Ray Alan Drilon G.R. No. 179267, June 25, 2013 (VAWC; Notice and hearing may be dispensed with without violating due process) FACTS: Rosalie and Jesus are married and have 3 children. Rosalie alleged that Jesus is dominant, controlling, and demands absolute obedience from his wife and children. He forbade Rosalie to pray, and deliberately isolated her from her friends. Things turned for the worse when Jesus took up an affair with a bank manager of Robinson’s Bank, Bacolod City, who is the godmother of one of their sons. Jesus’ infidelity spawned a series of fights that left Rosalie physically and emotionally wounded. In one of their quarrels, petitioner grabbed private respondent on both arms and shook her with such force that caused bruises and hematoma. At another time, petitioner hit private responden...