Zenhashy's Place

PEOPLE OF THE PHILIPPINES, vs. HON. HENEDINO P. EDUARTE, in his capacity as Acting Presiding Judge of the RTC, Br. 22, Cabagan, Isabela; ELVINO AGGABAO and VILLA SURATOS G.R. No. 88232 February 26, 1990 Facts: Alma T. Aggabao filed  with the RTC, an information against private respondents Elvino Aggabao and Villa Suratos for the crime of concubinage. Upon being arraigned, private respondents entered a plea of not guilty. During the trial, private respondents filed a motion to dismiss on the ground of lack of jurisdiction.  They argued that concubinage, under Art. 334 of the RPC is punishable with prision correccional in its minimum and medium periods, which is equivalent to imprisonment of six (6) months and one (1) day to four (4) years and two (2) months, well within the exclusive original jurisdiction of the Municipal Trial Court, and not of the RTC The prosecution filed an opposition to the motion contending that the RTC has jurisdiction over the crime of concubinage...

PANFILO M. LACSON vs. THE EXECUTIVE SECRETARY, THE SANDIGANBAYAN, OFFICE OF THE SPECIAL PROSECUTOR, THE DEPARTMENT OF JUSTICE, MYRNA ABALORA, NENITA ALAP-AP, IMELDA PANCHO MONTERO, and THE PEOPLE OF THE PHILIPPINES, respondent. ROMEO M. ACOP AND FRANCISCO G. ZUBIA, JR  G.R. No. 128096 January 20, 1999 Facts: Eleven persons believed to be members of the Kuratong Baleleng gang  which had been involved in a spate of bank robberies in Metro Manila, where slain along Commonwealth Avenue in Quezon City by elements of the Anti-Bank Robbery and Intelligence Task Group (ABRITG), petitioner is one of the members  Ombudsman Desierto formed a panel of investigators, to investigate the incident. This panel later absolved from any criminal liability all the PNP officers and personal involved in the incident, with a finding that the said incident was a legitimate police operation.  However, a review board led by Overall Deputy Ombudsman Francisco Villa modified the finding an...

SEVERINO C. BALTAZAR vs. PEOPLE OF THE PHILIPPINES and ARMANDO C. BAUTISTA G.R. No. 174016   July 28, 2008 THIRD DIVISION  CHICO-NAZARIO, J.: Petition for Review on Certiorari under Rule 45 Facts:           A silver/gray colored car traveling from the direction of Calumpit and going towards the direction of Pulilan Public Market, suddenly hit a pedicab. Because of the impact, the passengers of the pedicab – Erlinda Baltazar and her son, Rolando Baltazar – were thrown out of the pedicab.  Witnesses Cristobal Atienza and Louie Reyes claimed in their respective sworn statements that after hitting the pedicab, they saw the car stop, maneuver into reverse, and run over the hapless victims, before fleeing the crime scene.  As a result, Erlinda Baltazar died while Rolando Baltazar suffered injuries. In the course of the investigation of the incident, Police Officer Santos of PNP, traced the ownership of the car which bumped ...

APOLINARIO GONZALES vs. THE HONORABLE COURT OF APPEALS, PEOPLE OF THE PHILIPPINES and IMELDA CARATAO G.R. No. 108811   May 31, 1994 THIRD DIVISION VITUG, J.: petition for review on certiorari Facts:           A criminal complaint for qualified seduction following a preliminary investigation, was filed the Municipal Trial Court of Obando, Bulacan, against herein petitioner Apolinario Gonzales. The latter, upon arraignment, pleaded "not guilty" to the charge. The presentation of evidence by the prosecution started in May 1983 and was concluded in November 1988. Thereafter, the defense took its turn. When the defense was about to rest its case, the prosecution filed a motion to instead commit the accused to answer to a charge for rape since the evidence submitted indicated that rape, not qualified seduction, was evidently committed.           Following the dismissal of Criminal Case, the pro...

AVELINO CASUPANAN and ROBERTO CAPITULO vs. MARIO LLAVORE LAROYA G.R. No. 145391.  August 26, 2002 THIRD DIVISION CARPIO, J.: petition for review on certiorari Facts:           Two vehicles, one driven by respondent Mario Llavore Laroya and the other owned by petitioner Roberto Capitulo and driven by petitioner Avelino Casupanan, figured in an accident.  As a result, two cases were filed with the Municipal Circuit Trial Court of Capas, Tarlac.  Laroya filed a criminal case against Casupanan for reckless imprudence resulting in damage to property.  On the other hand, Casupanan and Capitulo filed a civil case against Laroya for quasi-delict. When the civil case was filed, the criminal case was then at its preliminary investigation stage. Laroya, defendant in the civil case, filed a motion to dismiss the civil case on the ground of forum-shopping considering the pendency of the criminal case. The MCTC granted the motion in the...