Thread by @lex_do_this

CRIMINAL LAW Chair’s Cases (thread)
•People v. Constantino GR 251636 (2022) – the test to determine when the act is mala in se and not malum prohibitum is whether it is inherently immoral or the vileness of the penalized act;

#IncrediBar2023 #HernanDoIt #HernandoBar2023

·Chua v. SOJ GR 214960 (2022)- trust receipts law is malum prohibitum; mere failure of petitioners to turn over the proceeds of the sale of goods, or to return the good themselves if not sold under the trust receipts that were not novated, constitutes the gravamen of the offense.

·People v. Villegas, Jr GR 218210 (2019) - rape with homicide is a special complex crime or "two or more crimes that the law treats as a single indivisible and unique offense for being the product of a single criminal impulse."

·People v. Cornista GR 218915 (2020)- In the special complex crime of Kidnapping for Ransom with Homicide, the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought.

•People v. Labuguen GR 223103 (2020) - Robbery with homicide exists when a homicide is committed either by reason, or on occasion, of the robbery; there is no special complex crime of robbery with homicide and double frustrated homicide.

·People v. Labuguen GR 223103 (2020)– exempting circumstance requisites:
1) existence of an uncontrollable fear;
2) fear must be real and imminent; and
3) fear of an injury is greater than or at least equal to that committed.
A threat of future injury is insufficient.

·People v. Tazon GR 191759 (2020) - The essence of treachery is a deliberate and sudden attack, affording the hapless, unarmed and unsuspecting victim no chance to resist or to escape; qualifying circumstance of treachery requisites

·People v. Alegre GR 254381 (2022) – there can be no treachery when the attack is preceded by a heated exchange of words between the accused and the victim, or when the victim is aware of the hostility of the assailant towards the former.

·People v. Panis GR 234780 (2021) – treachery elements: (a) at the time of the attack, the victim was not in a position to defend himself; and (b) the accused consciously and deliberately adopted the particular means, methods, or forms of attack employed by him.

·People v. Padilla GR 247824 (2022) - Thus, the rule is well-settled that conspiracy may be inferred from the conduct of the accused before, during and after the commission of the crime, where such conduct reasonably shows community of criminal purpose or design.

•Miguel v. Director of Bureau of Prisons UDK-15368 (2021) - recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of Good Conduct Time Allowance Law (RA 10592)

•People v. Manansala GR 233104 (2020) – Evident premeditation must be based on external acts and must be evident, not merely suspected, indicating deliberate planning; despite absence of EP, the killing remains to be murder in view of the qualifying circumstance of treachery.

·People v. Santiago GR 234780 (2021) – treachery: offender commits any of crimes against person, employing means, methods or forms in execution which tend directly and specially to insure its execution, without risk to himself arising from defense which offended party might make.