Temere Animus

G.R. Nos. 205904-06. October 17, 2018. GWENDOLYN F. GARCIA, petitioner, vs. HONORABLE SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, respondents. Full Text:   https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64755 Ponente:  A. REYES, JR., J.:  Doctrines: It bears emphasizing that in Genuino v. De Lima, 861 SCRA 325 (2018), the Court already declared as unconstitutional DOJ Circular No. 41 on the ground that it has no legal basis and held, thus: x x x To begin with, there is no law particularly providing for the authority of the secretary of justice to curtail the exercise of the right to travel, in the interest of national security, public safety or public health. As it is, the only ground of the former DOJ Secretary in restraining the petitioners, at that time, was the pendency of the preliminary investigation of the Joint DOJ-COMELEC Preliminary Investigation Committee on the complaint for electoral sabotage against them. To be clear, DOJ Circular No. 41 is not ...

G.R. No. 211053. November 29, 2017.* PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SEGFRED L. OROZCO, MANUEL D. OSIR, and ALBERTO B. MATURAN, accused,      ERNIE N. CASTRO, accused-appellant. Ponente :  LEONEN, J.: Doctrines:      To sustain a conviction under Article 248 of the Revised Penal Code, the prosecution must prove that a person was killed, that the accused killed him, that the killing was not parricide or infanticide, and that the killing was attended by any of the qualifying circumstances mentioned under this Article. It is admitted that Mata was killed and that accused-appellant was one of those responsible for the stabs that led to his death. The only element disputed in this case is that the killing was attended by circumstances which qualify the crime as murder.      In People v. Dela Cruz, 612 SCRA 738 (2010), there is treachery when the offender commits any of the crimes against persons, employing means, m...