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PEOPLE v. FRANCISCO L. CALPITO

This case has been cited 3 times or more.

	GR No. 198022 2014-04-07	PEOPLE v. SONNY GATARIN Y CABALLERO PERALTA, J.
From the evidence presented, we find that as alleged in the information, abuse of superior strength attended the commission of the crime, and thus, qualifies the offense to murder. Abuse of superior strength is considered whenever there is a notorious inequality of forces between the victim and the aggressor, assessing a superiority of strength notoriously advantageous for the aggressor which the latter selected or took advantage of in the commission of the crime.[42]
	GR NO. 168617 2007-02-19	BERNADETTE L. ADASA v. CECILLE S. ABALOS CHICO-NAZARIO, J.
It must be stressed that the trial court dismissed the case precisely because of the Resolutions of the DOJ after it had, in grave abuse of its discretion, took cognizance of the petition for review filed by petitioner. Having been rendered in grave abuse of its discretion, the Resolutions of the DOJ are void. As the order of dismissal of the trial court was made pursuant to the void Resolutions of the DOJ, said order was likewise void. The rule in this jurisdiction is that a void judgment is a complete nullity and without legal effect, and that all proceedings or actions founded thereon are themselves regarded as invalid and ineffective for any purpose.[14] That respondent did not file a motion for reconsideration or appeal from the dismissal order of the trial court is of no moment. Since the dismissal was void, there was nothing for respondent to oppose.
	GR No. 139069 2004-06-17	PEOPLE v. NIÑO GARIN CALLEJO, SR., J.
In People v. Calpito,[92] a case on all fours with the issue of this case, we held that the minority of the appellant may be proved by his own declaration before the trial court:At the outset, it must be borne in mind that in assessing the attendance of the mitigating circumstance of minority, all doubts should be resolved in favor of the accused, it being more beneficial to the latter. In fact, in several cases, this court has appreciated this circumstance on the basis of a lone declaration of the accused regarding his age.