sic itur ad astra

   Rule 111 | Criminal Procedure - Prejudicial Question Facts: The case involves Luisito Pulido who was charged with Bigamy for contracting a second marriage with Rowena Baleda while his marriage with Nora Pulido was still subsisting. Pulido claimed that both his marriages were void, but the court found that his first marriage was valid despite the absence of a marriage license.  The Court of Appeals affirmed his conviction for bigamy since he entered into a second marriage while his prior marriage was subsisting, without obtaining a judicial declaration of the nullity of his prior marriage.  Issue: WoN a judicial declaration of nullity of marriage secured after the celebration of the second marriage should be considered a valid defense in Bigamy cases. Ruling: Parties in a bigamy case are not required to obtain a judicial declaration of absolute nullity of a void ab initio first and subsequent marriages in order to use it as a defense. This applies to marriages cele...

  Rule 111 | Criminal Procedure - Prejudicial Question Facts: On February 1997, Meynardo Beltran filed a petition for nullity of his marriage on the ground of psychological incapacity with Charmaine Felix after twenty-four years of being married. Charmaine  Felix subsequently filed a concubinage case against Beltran and his paramour Milagros Salting. The prosecution found probable cause and ordered the filing of an Information6 against them before the Metropolitan Trial Court of Makati City. Beltran filed a Motion to Defer Proceedings Including the Issuance of the Warrant of Arrest, stating that the pendency of the civil case for declaration of nullity of his marriage posed a prejudicial question to the determination of the criminal case.  Judge Alden Vasquez Cervantes denied the motion, stating that the issue in the civil case was not a prejudicial question to the concubinage case. Issue: Whether the pendency of the petition for declaration of nullity of Meynar...

Rule 111 | Criminal Procedure - Prejudicial Question Facts:    Private respondent George Lagos was charged by Petitioner Vincent E. Omictin with the crime of estafa for allegedly refusing to return two company vehicles entrusted to him by Saag Phils.  Lagos filed a motion to suspend proceedings on the basis of a prejudicial question due to a pending case with the Securities and Exchange Commission (SEC) involving the same parties.  The CA granted the motion to suspend proceedings. The SEC case was transferred to the Regional Trial Court (RTC) pursuant to Republic Act No. 8799 vesting in the RTCs jurisdiction over intra-corporate disputes. Issue: WoN a prejudicial question exists to warrant the suspension of the criminal proceedings pending the resolution of the intra-corporate controversy that was originally filed with the SEC. Assailed Ruling: The delay in the delivery of the motor vehicles by the petitioner to Saag Corporation was due to the petitioner's contention...

  Rule 111 | Criminal Procedure  Names Joselito R. Pimentel Maria Chrysantine Pimentel y Lacap Principle Institution of criminal and civil actions Section 7, Rule 111 -  Prejudicial Question Facts:  (1) O n October 25, 2004, P rivate R espondent  Maria Chrysantine Pimentel  filed an action for frustrated parricide against Petitioner Joselito R. Pimentel  before the Regional Trial Court of Quezon City. (2) On February 7 2005, petitioner received summons to appear before the  Regional Trial Court of Antipolo City, for the pretrial  and trial of civil case  for Declaration of Nullity of Marriage under  Section 36 of the Family Code on the ground of psychological incapacity. (3)  On February 11 2005, petitioner filed an urgent motion to suspend the  proceedings before the RTC Quezon City  Petitioner asserted that since the relationship between  the offender and the victim is a key element in parricide, the outco...

Rule 111 | Criminal Procedure  Names Benito Lo Bun Tiong and Caroline Siok Ching Teng  Vicente Balboa Principle Institution of criminal and civil actions BP 22, Institution the civil action prior to the criminal action Facts:  (1)  The spouses Benito Lo Bun Tiong and Caroline Siok Ching Teng (petitioners) charge Vicente Balboa (respondent) with forum shopping. (2) On February 1997, respondent filed with the Regional Trial Court (RTC) of  Manila a civil case for  Collection of Sum of Money against  petitioners.   The amount sought covers three post-dated checks issued by petitioner  Caroline Siok Ching Teng f or a total of P5,175,250.00. (3) On July 1997, separate criminal complaints for violation of Batas Pambansa  Blg. 22 (B.P. No. 22) were filed against Caroline before the Municipal Trial Court  (MTC) of Manila, covering the said three checks. (4)  RTC rendered its decision in civil case  finding petitioners liable....

   Rule 111 | Criminal Procedure  Names Amado F. Cabaero Carmen C. Perez Principle Institution of criminal and civil actions Counterclaim Facts:  (1) O n October 18, 1990, an Information was filed  against petitioners Amado F. Cabaero and Carmen C. Perez, charging them with estafa for  allegedly defrauding private respondent Epifanio Ceralde of the sum of  P1,550,000.00.  P etitioners entered a plea of not guilty. Atty. Ambrosio Blanco entered his appearance as private  prosecutor. (2)  Presiding Judge of the RTC of Manila,  inhibited herself “out of delicadeza” from  further hearing the case after “considering that the complainant is a relative by affinity of a nephew of her  husband.” Thereafter, the case was presided over by  respondent Judge Alfredo Cantos. (3) P etitioners allege d in their Answer with Counter-claim* that the  filing of said Information was unjustified and malicious, that  they nev...

  Rule 111 | Criminal Procedure  Names Dr. Fernando Solidum -  physician-anesthesiologist Gerald Albert Gercayo Principle Institution of criminal and civil actions Civil liability arising ex-delicto Facts:  (1) Gerald Albert Gercayo  was born on June 2, 1992 with an  imperforate anus.*  Two days after his birth, Gerald underwent colostomy.** * defect that is present from birth (congenital) in which the opening to the  anus is missing or blocked. The anus is the opening to the rectum through which stools leave the  body. **a  surgical procedure to bring one end of the large intestine out through the  abdominal wall, enabling him to excrete through a colostomy bag attached to  the side of his body. (2)  On 1995,  three-year old  Gerald, was admitted at the Ospital  ng Maynila for a pull-through operation.  Dr. Fernando Solidum was part of the surgical team. During the operation, Gerald expe...

Rule 111 | Criminal Procedure  Names Lily Lim  Charlie Co Principle Institution of criminal and civil actions A single act or omission that causes damage to an offended party may give rise to two separate civil liabilities on the part of the offender. Facts:  (1)  In February 1999, FR Cement Corporation (FRCC),  issued several withdrawal authorities.*  Each withdrawal authority contained a  provision that it is valid for six months from its date of issuance, unless revoked  by FRCC Marketing Department. *withdrawal authorities state the number of bags that the dealer/trader paid for  and can withdraw from the plant.   (2) Charlie Co sold withdrawal authorities covering 50,000 bags of cement  to Lily Lim. (3) Using the withdrawal authorities, Lim withdrew the cement bags from FRCC on a staggered basis. She successfully withdrew 2,800 bags of cement, and sold back some of the withdrawal authorities, covering 10,000 bags...

     RA 7659 | Criminal Law  Names Janet Lim Napoles Senator Juan Ponce Enrile Charge/Violation RA 7659 Plunder  alleged misappropriating former Senator Juan Ponce Enrile PDAF through that were selected without the required bidding procedure Facts:  (1)   On September 16, 2013, the Office of the Ombudsman received the report of  the National Bureau of Investigation (NBI), regarding its investigation on  several persons, including Janet Lim Napoles, former Senator Juan Ponce Enrile and his former Chief of Staff, Atty. Jessica Lucila Reyes.  In its report  the NBI recommended to prosecute Napoles,  former Senator Enrile, Reyes, and several other named individuals for the crime  of Plunder, defined and penalized under Section 2 of RA 7080,  as amended, for essentially misappropriating former Senator Enrile’s Priority  Development Assistant Fund (PDAF) through nongovernmental - organizations  (NGOs) th...

   RA 7659 | Criminal Law  Names Gloria Macapagal-Arroyo - former President of the Philippines Benigno Aguas - PCSO Budget and Accounts Officer Charge/Violation RA 7659 Plunder (PHP365,997,915.00) alleged misuse of P366 million PCSO intelligence funds from 2008 to 2010. Facts:  (1)  On July 10, 2012, the Ombudsman charged in the Sandiganbayan former President Gloria Macapagal-Arroyo and Philippine Charity Sweepstakes Office (PCSO) Budget and Accounts Officer Benigno Aguas, among others*, with plunder. *PCSO & COA officials who were later dismissed by Sandiganbayan, except for Uriarte and Valdes who were at large. (2) The information accuses GLORIA MACAPAGAL-ARROYO,xxx BENIGNO B.  AGUAS, xxx, of the crime of PLUNDER, as defined by, and penalized under Section 2 of Republic Act (R.A.) No. 7080, as amended by R.A. No. 7659. (3) Thereafter, several of the accused separately filed their respective petitions f...

   RA 7659 | Criminal Law  Names Joseph Ejercito Estrada - President of the Philippines Charge/Violation RA 7659 Plunder Action PETITION to declare Republic Act No. 7080 ( An Act Defining and Penalizing the Crime of Plunder) as amended by RA No. 7659 unconstitutional Facts:  Petitioner Joseph Ejercito Estrada, filed a petition to declare Republic Act No. 7080, as amended, unconstitutional.  Specifically, the provisions claimed by petitioner to have  transgressed constitutional boundaries are  Secs. 1, par. (d), 2 and 4. (See notes.) Issues: (I) WoN Plunder Law is unconstitutional for being vague; (II) WoN Plunder Law requires less evidence for proving the predicate crimes of plunder and therefore violates the rights of the accused to due process; and, (III) WoN Plunder as defined in RA 7080 is a malum prohibitum, and if so, whether it is within the power of Congress to so classify it. Contention: (I) Petitioner, bewails the failure of the law...