Lawyerly

You're currently signed in as:
User

BARON A. VILLANUEVA v. EDNA R. CAPARAS

This case has been cited 5 times or more.

	GR Nos. 204481-82 2015-10-14	ALBERT G. AMBAGAN v. PEOPLE VELASCO JR., J.
In relation thereto, the Court, in Villanueva v. Caparas, held that the following elements must be proven to sustain a conviction for homicide: (1) a person was killed; (2) the accused killed him without any justifying circumstance; (3) the accused had the intention to kill, which is presumed; and (4) the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.[50]
	GR No. 213792 2015-06-22	GUILLERMO WACOY Y BITOL v. PEOPLE PERLAS-BERNABE, J.
The elements of Homicide are the following: (a) a person was killed; (b) the accused killed him without any justifying circumstance; (c) the accused had the intention to kill, which is presumed; and (d) the killing was not attended by any of the qualifying circumstances of Murder, or by that of Parricide or Infanticide.[24]
	GR No. 182573 2014-04-23	RAY SHU v. JAIME DEE BRION, J.
The determination of probable cause is essentially an executive function, lodged in the first place on the prosecutor who conducted the preliminary investigation. The prosecutor's ruling is reviewable by the Secretary who, as the final determinative authority on the matter, has the power to reverse, modify or affirm the prosecutor's determination.[40]
	GR No. 189176 2014-03-19	BARRY LANIER v. PEOPLE PEREZ, J.
When the Secretary of Justice concluded that there was planting of evidence based on the lone fact that the raiding team arrived ahead of the search team, he, in effect went into the merits of the defense. When he made a determination based on his own appreciation of the pieces of evidence for and against the accused, he effectively assumed the function of a trial judge in the evaluation of the pieces of evidence and, thereby, acted outside his jurisdiction.[19]
	GR No. 179367 2014-01-29	UNILEVER PHILIPPINES v. MICHAEL TAN BRION, J.
The determination of probable cause for purposes of filing of information in court is essentially an executive function that is lodged, at the first instance, with the public prosecutor and, ultimately, to the Secretary of Justice.[9] The prosecutor and the Secretary of Justice have wide latitude of discretion in the conduct of preliminary investigation;[10] and their findings with respect to the existence or non-existence of probable cause are generally not subject to review by the Court.