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Showing posts with the label Treachery

People vs. Japag and Liporada Case Digest (G.R. No. 223155) | 2018 - Synopsis Only

Supreme Court Upholds Murder Conviction in People v. Japag & Liporada G.R. No. 223155 | July 23, 2018 People of the Philippines vs. Danilo Japag & Alvin Liporada Ponente: Justice Del Castillo 📌 Full text: Read the Supreme Court decision . Nature of the Case This is an appeal from the May 21, 2015 Decision of the Court of Appeals (CA) in CA-G.R. CR-HC No. 01807 , which affirmed with modification the October 29, 2013 Decision of the Regional Trial Court (RTC), Branch 13, Carigara, Leyte . The trial court found Danilo Japag guilty beyond reasonable doubt of murder . Court Ruling ✅ Appeal DISMISSED. ✅ Guilty verdict AFFIRMED with modifications: Exemplary damages increased to ₱75,000. Temperate damages set at ₱50,000 (instead of actual damages). Key Doctrines in Criminal Law ✔️ Self-Defense Requires Unlawful Aggression For self-defense to be valid, three conditions must be met: 1️⃣ Unlawful aggression by the victim. 2️⃣ Reasonable necessity of the means used ...

People vs. Jugueta, 788 SCRA 331, G.R. No. 202124 April 5, 2016

G.R. No. 202124. April 5, 2016. PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. IRENEO JUGUETA, accused-appellant. PONENTE:  PERALTA, J.:  Synopsis: In Criminal Case No. 7702-G, Irenneo Jugueta was charged with Multiple Attempted Murder along with Gilbert Estores and Roger San Miguel. However, Roger San Miguel moved for reinvestigation of the case and was eventually dismissed, leaving Irenneo as the only defendant. The prosecution's witness, Norberto, testified that Irenneo and the two other men entered his family's nipa hut and fired shots, causing the death of one daughter and injury to another. Irenneo offered a defense of denial and alibi, but this was found to be weak by the trial court, which ruled that Irenneo conspired with the two other men to shoot the family of Norberto. The trial court's judgment was affirmed by the Court of Appeals. The main issue raised in the appeal was the inconsistencies in Norberto's testimony, but these were deemed to be trivial an...

People vs. Castro, 847 SCRA 232, G.R. No. 211053 November 29, 2017

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...