Pinoy Mobile Case Digests

Summary: The possession and use of a counterfeit credit card is considered access device fraud and is punishable by law. To successfully sustain a conviction for possession and use of a counterfeit access device, the prosecution must present not only the access device but also any evidence that proves that the access device is counterfeit. FACTS: This resolves a Petition for Review on Certiorari assailing the Decision dated July 4, 2013 and Resolution dated November 26, 2013 of the Court of Appeals, which affirmed the conviction of petitioner Anthony De Silva Cruz (Cruz) by the Regional Trial Court for violation of Republic Act No. 8484, otherwise known as the Access Devices Regulation Act of 1998. Cruz was charged with violation of Section 9 (a) and (e) of Republic Act No. 8484, which provide the Section 9.   Prohibited Acts. - The following acts shall constitute access device fraud and are hereby declared to be unlawful: (a) producing, using, trafficking in one or more...

Summary: The uncontested declaration of the Department of Agrarian Reform Adjudication Board that Monico Ligtas was a tenant negates a finding of theft beyond reasonable doubt. Tenants having rights to the harvest cannot be deemed to have taken their own produce. FACTS: Ligtas was charged with the crime of theft under Article 308 of the Revised Penal Code. Ligtas pleaded not guilty. According to the prosecution witnesses, Anecita Pacate was the owner of an abaca plantation. On June 29, 2000, Cabero, the plantation's administrator, and several men, including Cipres, went to the plantation to... harvest abaca upon Anecita Pacate's instructions. At about 10:00 a.m., Cabero and his men were surprised to find Ligtas harvesting abaca at the plantation. Ligtas was accompanied by three (3) unidentified men. Allegedly, Ligtas threatened that there would be loss of life if they... persisted in harvesting the abaca. Cabero reported the incident to Anecita Pacate and the police....

FACTS: On November 3, 2003, CCC and AAA were at the barangay hall of Clarin, Bohol waiting for the conciliation proceedings to begin when they chanced upon Torres who had just arrived from fishing. CCC's wife, who was also with them at the barangay hall, persuaded Torres to attend the conciliation proceedings to answer for his liability. Torres vehemently denied damaging CCC's multicab. In the middle of the brewing argument, AAA suddenly interjected that Torres damaged CCC's multicab and accused him of stealing CCC's fish nets. Torres told AAA not to pry in the affairs of adults. He warned AAA that he would whip him if he did not stop. However, AAA refused to keep silent and continued to accuse Torres of damaging his uncle's multicab. Infuriated with AAA's meddling, Torres whipped AAA on the neck using a wet t-shirt. Torres continued to hit AAA causing the latter to fall down from the stairs. CCC came to his nephew's defense and punched Torres. They engage...

FACTS: On December 17, 1995, Rolando O. Bahian alleged that Capistano Daataya et al, conspiring mutually, unlawfully and feloniously with intent to kill, assaulted, box, kick and struck Bahian. This incident happen a day after a commotion incident between the parties in the basketball court. Bahian Farther alleged that a stone was thrown to his head by petitioners that causes depress frontal fracture, open frontal bone, left, and advice for surgery. The petitioners pleaded not guilty. The defense, apart from the three petitioners, offered the testimonies of Delfin Yafiez (Delfin), Rodolfo Yafiez (Rodolfo), Danzon Daayata (Danzon) and Rosemarie Daayata (Rosemarie ). Petitioners Salisi and Malacat claimed that they were having coffee at the house of Vicente Daayata (Vicente), in the morning of December 17, 1995. Bahian arrived with Kagawad Abalde, and called for Salisi to come out. When Salisi acceded, Bahian challenged him to a fight and threw the first punch that started a scuffl...

Summary: There is never any justification for a husband to hit his wife with a maso (mallet). Well settled is the rule that it is unnatural for a relative, in this case the accused's own child, who is interested in vindicating the crime, to accuse somebody else other than the real culprit. For her to do so is to let the guilty go free. FACTS: In the Information, appellant Abenir was charged with the killing of his wife, Delia Brusola as follows, that accused, being the husband of DELIA BRUSOLA, with intent to kill and with the use of ball hammer, feloniously hit his said wife, with the said ball hammer on her head, thereby causing fatal injury to the latter which directly caused her death. For his defense, appellant claimed that on the night of the incident, Abenir came home. While he was preparing things, Delia went outside. She appeared to be waiting for somebody. After taking a bath, she fixed her face. When Abenir asked if Delia was going somewhere, she said it was ...