Professional Documents
Culture Documents
Crim Pro Digests
Crim Pro Digests
Dimaano
September 14, 2005
FACTS:
- Maricar Dimaano charged her father, Edgardo
Dimaano with 2 counts of rape and 1 count of
attempted rape.
- The first incident happened when Maricar was still 10
years old. While inside their house in Sucat,
Paraaque, appellant entered her room and laid down
beside her. He removed her clothes and asked her to
lie face down then inserted his penis into her anus.
Complainant cried and felt so much pain, but she
kept the incident to herself as her father might hurt
her. She was again ravished by her father after a few
days. This time, her father inserted his penis into her
vagina. On December 29, 95, her father sexually
assaulted her again. The last sexual assault
happened in the afternoon of January
1, 96.
Appellant stopped only when he heard the arrival of
his wife.
- The Medico-Legal Officer at the PNP Crime
Laboratory examined complainant and found her to
have suffered deep healed hymenal lacerations and
was in a non-virgin state.
- Appellant denied the accusations stating that he was
always in the office from 7:00am until 9:00pm
waiting to be dispatched to another assignment
overseas. He claimed it was impossible for him to
rape his daughter on December 29, 1995 or January
1, 1996 because there were other people in the
house. He argued that had he raped complainant,
then she would not have accompanied him to the
Paraaque Police Station and Barangay Hall of San
Antonio to apply for police clearance and barangay
I.D., and to Uniwide Shopping Center at Sucat,
Paraaque, where they applied for membership at the
Video City Club.
- The trial court convicted Edgardo and disregarded
the Compromise Agreement and the Salaysay sa
Nester Mendoza
Nester Mendoza
Nester Mendoza
Nester Mendoza
Lasoy v. Zenarosa
April 12, 2005
FACTS:
- In an Information filed by Assistant City Prosecutor
Evelyn Dimaculangan-Querijero dated 03 July 1996,
accused Marcelo Lasoy and Felix Banisa were
charged as follows:
o That on or about the 2nd day of July, 1996, in
Quezon City, Philippines, the above-named
accused, conspiring together, confederating
with and mutually helping each other, not
having been authorized by law to sell,
dispense, deliver, transport or distribute any
prohibited drug, did, then and there, willfully,
unlawfully sell or offer for sale a total of
42.410 grams of dried marijuana fruiting
Nester Mendoza
Nester Mendoza
People v. Cachapero
Nester Mendoza
Bacasmas v. Sandiganbayan
July 10, 2013
FACTS:
- All the petitioners work for the City Government of
Cebu. Benilda B. Bacasmas (Bacasmas), the Cash
Division Chief, Alan C. Gaviola (Gaviola), the City
Administrator, Eustaquio B. Cesa (Cesa), the City
Treasurer. By virtue of their positions, they are
involved in the process of approving and releasing
cash advances for the City.
- The process is as follows:
o Gonzales (paymaster) makes a request for
cash advance Bacasmas (Cash Div. Chief)
for approval Cesa (City Treasurer) [By
Jaca (City Accountant) for processing preaudit Accountants advice [She also signs
the voucher to certify that there is adequate
available funding/budgetary allotment]
This Advice is returned with the voucher to
the Chief Cashier for the preparation of the
check. After it has been prepared, she affixes
her initials to the check Cesa then signs.
Gaviola (City Administrator) approves the
voucher and countersigns the check.
Nester Mendoza
Nester Mendoza
Saludaga v. Sandiganbayan
April 23, 2010
FACTS:
Nester Mendoza
FACTS:
- SSGT. Jose Pacoy seeks to annul the order of
Presiding Judge Afable Cajigal of RTC 68 of Camiling
Tarlac.
- On July 4, 2002, an information for Homicide was
filed in the RTC against petitioner for shooting and
killing his commanding officer, 2Lt. Frederick Esquita
with an armalite rifle. Upon arraignment, petitioner
pleaded not guilty.
- However, on the same day and after the
arraignment, the respondent judge issued another
Order, likewise dated September 12, 2002, directing
the trial prosecutor to correct and amend the
Information to Murder in view of the aggravating
circumstance of disregard of rank alleged in the
Information which public respondent registered as
having qualified the crime to Murder.
- The prosecutor entered his amendment by crossing
out the word Homicide and instead wrote the word
Murder in the caption and in the opening paragraph
of the Information. The accusatory portion remained
exactly the same as that of the original Information
for Homicide, with the correction of the spelling of
the victims name from Escuita to Escueta.
- Petitioner was to be re-arraigned for the crime of
Murder. Counsel for petitioner objected on the ground
that the latter would be placed in double jeopardy,
considering that his Homicide case had been
terminated without his express consent, resulting in
the dismissal of the case. As petitioner refused to
enter his plea on the amended Information for
Murder, the public respondent entered for him a plea
of not guilty.
- Respondent judge denied the Motion to Quash. The
MR was likewise denied. Thus, petitioner went
straight to SC and filed a petition for certiorari.
ISSUE: WON respondent judge erred in amending the
Information after petitioner had already entered in plea to
the charge of information for homicide NO
HELD:
- In the present case, the change of the offense
charged from Homicide to Murder is merely a formal
amendment and not a substantial amendment or a
substitution as defined in Teehankee.
- While the amended Information was for Murder, a
reading of the Information shows that the only
change made was in the caption of the case; and in
the opening paragraph or preamble of the
Information, with the crossing out of word Homicide
and its replacement by the word Murder. There was
no change in the recital of facts constituting
the offense charged or in the determination of
the jurisdiction of the court. The averments in the
amended Information for Murder are exactly the
same as those already alleged in the original
Information for Homicide, as there was not at all any
change in the act imputed to petitioner, i.e., the
killing of 2Lt. Escueta without any qualifying
circumstance. Thus, we find that the amendment
made in the caption and preamble from
Homicide to Murder as purely formal.
- Section 14, Rule 110 also provides that in allowing
formal amendments in cases in which the accused
has already pleaded, it is necessary that the
amendments do not prejudice the rights of the
accused. The test of whether the rights of an accused
are prejudiced by the amendment of a complaint or
information is whether a defense under the
complaint or information, as it originally stood, would
no longer be available after the amendment is made;
and when any evidence the accused might have
would be inapplicable to the complaint or
information. Since the facts alleged in the accusatory
portion of the amended Information are identical with
those of the original Information for Homicide, there
could not be any effect on the prosecution's theory of
Nester Mendoza
Amendment
May involve either
formal or substantial
changes
Substitution
Necessarily involves
a substantial change
from the original
charge
Amendment before
plea
has
been
entered
can
be
effected
without
leave of court
substitution
of
information must
be with leave of
court
as
the
original
information has to
be dismissed
Where
the
amendment is only
as to form, there is
no need for another
preliminary
investigation
and
the retaking of the
plea of the accused;
An
amended
information refers to
the same offense
charged
in
the
original information
or to an offense
which
necessarily
includes
or
is
necessarily included
in
the
original
charge,
hence
substantial
amendments to the
In substitution of
information, another
preliminary
investigation
is
entailed and the
accused
has
to
plead anew to the
new information
Substitution
requires
or
presupposes that
the
new
information
involves
a
different
offense
which does not
include or is not
necessarily
included in the
original charge, he
Cabo v. Sandiganbayan
FACTS:
- On June 24, 2000, Cabo and Bonifacio Balahay,
Nester Mendoza
Nester Mendoza
Nester Mendoza