1. People of the Philippines VS. Noe Toledo, September 25, 2004

- Accidental self defense

2. People of the Philippines VS. Antonio Pumadre, June 8, 2004

- Murder

- Generic – Treachery

- Principal Mode – Use of explosives

3. Samallio VS. Court of Appeals, March 31, 2005

- Accused charged by probation

- Question: Can he be reinstated to his former position? No, Apply again.

4. Cabanlig VS. Sandigan Bayan, July 28, 2005

- Justifying circumstances: Fulfillment of duty & self defense

- Distinguish the two

- Self Defense – Preservation from moral harm

- Fulfillment of duty – Premise of due performance of duty.

5. People of the Philippines VS. Judge Evangelista, February 20, 1996

- Probation and appeal are mutually exclusive

- Appeal precludes probation

6. Pablo Francisco VS Court of Appeals, April 6, 1995

- Probation not available to accused who have appealed

- Penalties in multiple prison terms

- Primary – Reformation of probation

o General : If you appeal , you can’t file for probation

o Except:

Penalty is wrong

Proprietary of the decision

7. Basis of placing an offender in probation

- Naa sa book

8. Mandatory condition for probation

- Naa sa book, section 10.

9. Baclayon VS Mutya, 129 SCRA 148

- Conditions: Do not teach - Wrong

o May not impose a condition on lawful profession

o Has the right to exercise your profession

10. People of the Philippines VS. Fe Arcilla, May 15, 1996

- Reclusion perpetua as an indivisibla penalty

11. People of the Philippines VS. Deopante

- Physical defect – Hand – Mitigating

- Penance physical defense

o Shows that such defect limited his means to act or defend himself to the extent that he did not have complete freedom

12. Monsanto VS Factora

- Accused is pardoned

- Can he re-assume his position?

o Reapply

13. Distinguish between Reclusion Perpetua and Life imprisonment

- Reclusion Perpetua

o Under RPC and has an accessory penalty

- Life Imprisonment

o No accessory penalty

14. Filing of probation closes appeal

15. People of the Philippines VS. Jacinto, July 13, 2009

- Gain from the things stolen

16. People of the Philippines VS. Valenzuela

- No frustrated theft

17. People of the Philippines VS. Eduarte, Volume 602 SCRA Page 448, November 29, 2009

- Determining penalty

- Fixing widest fixation

- Minimum term lead entire with discretion

- Mitigating circumstance approved

18. Circumstances: People of the Philippines VS. Valenzuela

- Information : Must be stated

- Not necessary to use the word aggravating, aggravated by, mitigating, mitigated by

- Just use facts

19. People of the Philippines VS. Espinosa, Volume 615 Page 446

- What is the doctrine of rational equivalence?

20. People of the Philippines Vs. Barte, Volume 631 SCRA page 187

- Use of explosives

- Killing of several people

- Qualified murder

- Clustered

- Lesser degree of perversity

21. Barredo VS. Binarao, August 2, 2007

- Punente: Corona

- Petitioner : Serve the more severe penalty

22. People of the Philippines VS. Simon Fernan, Cebu Case,

- Estafa through falsification of documents

23. What are the kinds of conspiracy?

24. Estrada VS. Sandiganbayan

- Plunder

- 2 Structures of multiple conspiracy

o Wheel or circle

Single person or group (the Hub) dealing with 2 or more persons or groups (the stokes)

o Chain conspiracy

Usually involving distribution of narcotics

Successive communication and cooperation

25. People of the Philippines Vs. Aristotle Evangelista, June 21, 2009

- Subjective phase and objective phase

- Felony has Subjective phase

o Acts constitute a crime. Begins at the commission of the crime and rest when act is performed

- Theft – intent to gain

- Use words took or take

- Theft is consummated no matter how momentary

26. People of the Philippines VS. Impelles

- Coconut

- Deprivation of property with intent to gain

- Attempted or consummated

27. People of the Philippines VS. Villareal

- Hazing

- Lack of intention to commit so grave a wrong does not apply to mitigating

28. Criminal Liability

- Extinguished by the death of the convict

- Pecuniary penalties

o Extinguishes if convict dies prior to final judgment

29. Bagari Vs. Marabi

30. People of the Philippines VS. Carmen

31. Intent to kill

- Collective acts where tantamount to negligence

- Cumulative effect

- Redounded to all who directly participated

32. People of the Philippines VS. Atienza

33. Bangan VS. Gatbalige

- Prescription of penalty

- After evasion of service of sentence

34. Philippines Rapid Bus VS. Gatbalige

35. Moreno Vs. Comelec

- Immoral doctrines

- Malversation of funds