Premium Essay

Decided Cases

In:

Submitted By SHEYLABABE
Words 22554
Pages 91
Republic of the Philippines
Supreme Court
Manila

FIRST DIVISION

LYDIA C. GELIG, | | G.R. No. 173150 | Petitioner, | | | | | | | | Present: | | | | | | CORONA, C. J., Chairperson | - versus - | | VELASCO, JR., | | | LEONARDO-DE CASTRO, | | | DEL CASTILLO, and | | | PEREZ, JJ. | | | | PEOPLE OF THE PHILIPPINES, | | Promulgated: | Respondent. | | July 28, 2010 | x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

D E C I S I O N

DEL CASTILLO, J.: An examination of the entire records of a case may be explored for the purpose of arriving at a correct conclusion, as an appeal in criminal cases throws the whole case open for review, it being the duty of the court to correct such error as may be found in the judgment appealed from.[1] Petitioner Lydia Gelig (Lydia) impugns the Decision[2] promulgated on January 10, 2006 by the Court of Appeals (CA) in CA-G.R. CR No. 27488 that vacated and set aside the Decision[3] of the Regional Trial Court (RTC), Cebu City, Branch 23, in Criminal Case No. CU-10314. The RTC Decision convicted Lydia for committing the complex crime of direct assault with unintentional abortion but the CA found her guilty only of the crime of slight physical injuries. Factual Antecedents On June 6, 1982, an Information[4] was filed charging Lydia with Direct Assault with Unintentional Abortion committed as follows: That on the 17th day of July, 1981 at around 10:00 o’clock in the morning, at Barangay Nailon, Municipality of Bogo, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did, then and there, willfully, unlawfully, and feloniously assault, attack, employ force and

Similar Documents

Premium Essay

Negotiation Paper

...Assignment 2 - Personal Negotiation Analysis NAME: Siddharth Surana CLASS: Monday Class Date: 10/31/11 FACTUAL NEGOTIATION BACKGROUND The deal that I will be talking about is a series of negotiations that took place on behalf of my company, represented by me, and an external customer (Sam), who is a multinational corporation dealing with minerals. My company (Jose) is a minerals manufacturing company. Sam used to purchase one of their 2 Raw materials from us and the other material was outsourced from the UK. This deal is about us setting up a new unit, in India, solely manufacturing the second raw material that Sam imported. As this product was really expensive for Sam to import, they were also eagerly looking for partners to manufacture this high quality product in India. This was a win – win situation for both the companies, as for us, Jose, we were getting the chance to increase our product line and revenues and for the, Sam, to reduce their cost of raw materials drastically. This would be a very important deal for Sam as the industry was getting really competitive with a lot many companies selling similar products at a cheaper price. Sam completely trusted our company with quality as we have been dealing from 2 decades now. The issues that we have been considering and talking about are as follows: 1. The initial investment is very high, as new set of machinery has to be ordered. 2. The land is required with a lot of permissions from the government....

Words: 2292 - Pages: 10

Free Essay

Ucap

...normally do without any problems. After half of his treatment he began to feel bad, and his blood pressure dropped around 90/50, which was low but still nothing unusual for him. So I gave him some saline and decreased his goal. As his treatment continued, I would keep close check on him to make sure his status did not change. As it got toward the end of his treatment, he began to have chest pain, but his vital signs were with in normal limits at this time. While I’m reassessing him he tells me that he have some nitro tabs in his pocket in case something like this should happen. I encourage him to take one of his tablets. After a few minutes or so, he did not feel any relief so he took another one. By this time his treatment was coming to an end. With the amount of time he had remaining on his treatment and the chest pain he was having, I decided to end his treatment. I thought after I returned his blood he might feel better, but that was not the case he did not feel better. Actually he felt a little worse. He started to feel clammy, hot,...

Words: 515 - Pages: 3

Premium Essay

Storming Stage

...came to the front to talk. Basically the three of them were using forcing or competing style to handle the situation, it forced the whole team to acknowledge them when we are still uncertain (Heldman 2004, p. 292). By using this method, it saves our time by determining who among us are going to be the best leader. If we did not use this method we will end up not getting the job done or we cannot even proceed to the next discussion of the project. Next conflict happened during the discussion about what product or service our team is going to produce. We had chosen to build a team park, and we had about 5 sub-themes that needs to be elaborated more on the meaning or to narrow down the meaning of the word we use for the sub-themes. In this case, some of our member argued about the word and which attractions should be categorized under them. For example, the word “fantasy” has a very board meaning, one of the members suggested it as theme under princes, princesses, wizards or dragons and the other linked it more to future technology advancement such as time machine. To handle the conflict we used avoiding and compromising style. First, the leader used avoiding style to smooth things out temporary to avoid further argument and to release the tension between the two parties. When the two parties' tension died down, they continued to think about what they really wanted to do for the “fantasy” theme and decides what...

Words: 1263 - Pages: 6

Premium Essay

Tortoise and the Hare

...several little stories as a kid and I was having a hard time deciding which one to share. I decided to choose the “Tortoise and the Hare.” Once upon a time there was a hare that kept bragging about how fast he could run and that he was faster that everyone else, he also was harshly teasing the tortoise for how slow he was.  Then one day, the irritated tortoise answered back: “Who do you think you are? You sure are fast, but you can be beat!” The hare exclaimed with laughter. “Beaten in a race? By who you, I bet there’s nobody in the world that can win against me I’m so fast. Now, why don’t you try?” annoyed by all the bragging, the tortoise accepted the challenge. A course was planned, and the next day at dawn they stood at the starting line. The hare yawned as the tortoise headed off slowly. Once they began and the hare saw how slow the tortoise was, he decide to take a quick nap and disclaimed “take your time” ‘I’ll catch up to you in a minute.” The hare woke up with a start from his little nap, looking for the tortoise. But he was only a short distance away, having barely covered a third of the course. Breathing a sigh of relief, the hare decided he might as well have breakfast too, and off he went to eat some cabbages he had noticed in a nearby field. But the heavy meal and the hot sun made his eyelids droop. With a careless glance at the tortoise, now halfway along the course, he decided to have another nap before winning this race.  He was smiling at the thought of the look...

Words: 758 - Pages: 4

Free Essay

Miss

...D2 I had an interview at Little Owls Pre School Nursery and was called by the manager named as Elaine Kelly. I was called on 26th Jan 2014 at any time between 9am till 3:15pm so I asked my sister and dad to drop me but unfortunately they were not free that day so I asked my brother he said he was available at 1pm so I decided to go at that time because I did not have any fix time by the manager so the day before my interview I texted Elaine as I had her mobile number and asked her that was it possible that she will be free at 1pm to see me and she replied that she is available. After doing my college and house work I read the letter that I got from Jacque and in that there were some restrictions on dressing so I read that and I was not allowed to wear short dresses, jeans and trainers so I decided to wear my simple and decent Asian clothes and then took them out of the cupboard and ironed them after that I took matching shoes and made sure they were clean after that I took out my DBS certificate from my file and put that in my bag and then made sure that my college ID was in bag. Then I put an alarm on my phone in case I might be in deep sleep as I had a day off from college and then done a bit research on the nursery and went to sleep. Firstly according to the navigation system where I reached it was near the nursery but I could not see any board saying the nursery name so then I called Elaine and she told me the right place and then I reached safely there first I rang my brother...

Words: 602 - Pages: 3

Free Essay

The Mishap

...What is wrong with me? I asked myself for the umpteenth time. Everything kept ringing in my mind. I kept tossing and turning in bed; I woke up at about 01:08 am, turned on the light in my room, sat on my bed and could not figure out what to do. I decided to listen to music, but what kind of music? Reggae probably! Oh no, I will not listen to music. Should I read? Probably the bible! All I wanted was to rid my mind of the dilemma. I could not think straight. When did it start? How did it start? When is it going to end? I knew one thing for sure, that there was something wrong with me, but I was not going to allow myself to go insane. It was a Friday; a new day had been born, the sun was up and the day seemed to be promising. Being the event manager in the institution where I worked, I was planning an international conference for 200 people and went for a meeting at the La Palm Beach Hotel, to finalise arrangements for the conference. I heard the telephone on my desk ringing when I was about to enter my office. I quickly opened my office door and entered my office. The phone kept ringing, I picked the handset. The receptionist told me that my sister was on the phone and wanted to speak with me. I had not visited Yoyo for some weeks and she had called to check on me. We agreed to meet during the weekend. I went to the shop to buy some cookies for Yoyo’s kids and set off to visit her at her residence in North Kaneshie. Yoyo informed me that her friend Ewurama’s younger brother...

Words: 1002 - Pages: 5

Free Essay

The Birtamod Babble

...Prologue Spring, 2023 A D Editor took the guest to Kanyam Resort for refreshment. Dr. Simpson has come all the way from Kathmandu, originally from Amsterdem. He is a research fellow on Kathmandu University, department of sociology and anthropology. It took around fifty minutes from Birtamode to reach there. Kanyam resort lays aside the beautiful tea garden of Kanyam, Ilam. One could view the scenic views of Nepal as well as Indian hills when sky is clear. The climate was very cool when they reached. He was deeply dragged by the green hills. He beheld beautiful hills on the horizon, veiled partly with clouds….gurgling sound of small rivulet, chirping of birds etc. etc. Simpson wondered why people fancy leaving such a beautiful place and fly abroad. Ecologically speaking, he is in such a place where numerous rare species regard it a safer habitat to live in. Economically speaking, he is in a third world with a remittance-fed economy. But geopolitically speaking, he is in such a strategic location where power centers prefer to play. And statistically speaking, he was in south Asia where half of the world’s poor people live in. However spiritually speaking, every black cloud has silver lining. Dr. Simpson was mechanically sipping a handmade tea of Kanyam. He came to the real world when editor broke the silence. ‘So, how can I help you sir?’ editor told. ‘I am...

Words: 3243 - Pages: 13

Premium Essay

Miss

...Dear Sir/Madem I am writing to inform you about my experience within the first 3 to 4 weeks with you at Bradford College. I have come from Beckfoot School as you probably know it is one of the top schools in Bradford. I decided to move to Bradford College to study Health and Social care subsidiary diploma level 3, as I have heard many good things about this course and that it had received outstanding by offstead which made me feel as though this would be a good option for me and suited my career options. However after these few weeks I am very disappointed with many things and countless others feel the same way. Firstly all other school/colleges have started there courses and comfortable and settled down, however I have only been into the college a handful of times since the start of September which is worrying as surely we should have been settled in and started on assignments within the first week like other students at college. The days that I am in college I feel as though much time is wasted on activities where I feel are not needed to be done. Furthermore I feel as though the work needs to be explained more during lesson time to ensure students fully understand work and can happily go away and get on with it however this is not the case, at the moment the work isn’t getting explained very well and I am having to take much of my time out to go over it again with tutors as I am unsure. My main worry is the fact we haven’t even started college properly and we have already...

Words: 482 - Pages: 2

Premium Essay

Dual Code Structure

...structure that it is) actually exemplified my process much simpler and smoother. I feel that I achieved encapsulation process. It will not affect the collected data from one version to another if it were reused, so I think it would be perfect for this type of programming because it obtaining proprietary information. Therefore, there is some security with the data as it is being hidden. The Code starts off with: IF condition (diabetes) is true THEN statement(s) in true case ELSE statement(s) in false case ENDIF . The “:Then statement,” would lead you to answer the following cascading questions and that's the behind-the-scenes on the front the process continues until the end statement opens in a “Console” so say “Thank You For Taking Your Diabetic Assessment.” The “no” is considered a “NULL” because its only necessary to write for the pertinent yeses. I did find that the single case structure of the basic format that I selected work well with my pseudocode formatting. In addition, it allowed...

Words: 403 - Pages: 2

Premium Essay

The Odor

...combination of rotten eggs and sulfur. The expression on my face, as I took a breath, became a look of disgust. I wondered, what could possibly smell this awful and where is it coming from? I was determined to find out and if possible, eliminate it. After all, we were having company for dinner the following night and had planned a barbeque. This odor had to disappear, be gone with! The path down to the back of our property seemed to call to me to follow it. As I walked on the path, the odor got stronger, especially as I got closer to the storage shed. At that point, fear overtook me, as this stench was unfamiliar. I had no clue as to what the source was. My guesses varied from a leaking gas line or possibly an injured animal that decided to end its life underneath or inside the shed. Whatever it was, I wasn’t about to play the superhero and solve this problem myself! I needed the expert advice of someone who I was sure would know exactly what we were facing and how to get rid of it. My significant other, Steve! Much like the book, Young 2 “Men are from Mars, Women are from Venus” by John Gray, I was the Venusian with the problem and Steve was my Martian, ready, willing and able to solve my problem for me. I backed away from the shed and returned to the house in search of my problem solver. I excitedly told him about my problem,...

Words: 844 - Pages: 4

Premium Essay

11 Minutes

...‘’Eleven minutes “– Paulo Coelho It took many years gruelling quest before I found author whose style of writing is natural and real. Paulo Coelho is my favorite writer and like nobody else knows a way how to grab my attention. He is a Brazilian lyricist and novelist. His books have been translated in 71 languages. Critics identify him with phenomenon of mass culture. He is rated among the best writers of all time. For me he became a true authority and I dare say that for many also. I read almost all his works but especially one exerted a huge impression on me. ‘’Eleven minutes’’ originally “Onze minutos” was published in 2003 in 39 languages and until 2005 sold in 6 million copies. It is one from this books which has a powerful magnetizing effect on me. The novel tells a story about young woman Maria, her beauty attracted to men. She lives in the Brazilian province. We meet her as a child who dreams of a prince from fairy tale and a quiet house overlooking the sea. Her first innocent contacts with love leave her heartbroken. As a teenager she already knew what suffering is and was living in the belief that love brings only pain and is not worth to worry about. She is confident that will never find true, pure love. After graduating school she found a job in a store with fabrics. Owner fell in love with her but these unpleasant experiences from the past cause that she was only guided by a desire to hold money. This contributed to the fact that Maria has used him and then went...

Words: 1448 - Pages: 6

Free Essay

Bayeux Taprety

... It is with great pride to let you know that I have survived the Battle of Hastings. We were victorious but it was not an easy venture. We had a meeting about how the trip would be before leaving Normandy. They said that it would only be about 5 hours to get there, but turns out that it took us over 12 hours to reach England. We didn’t think when rushing to make these boats that it would be such a long trip. If we had known we would have built them so they were more stable. I saw Tim bend over on the side of his boat looking very ill. I think he may of got sick from something when smiting the weapons, but it could have just been from the water. He was so ready to fight he put on his uniform as soon as we got them. I on the other hand, decided to keep mine off until we got closer. I did not want to because the chainmail was so heavy and wanted to conserve my strength. The Sun was beaming off the water; it was too hot to have it on. I do wish I was on the Mora Ship. The ship is so elegant and a masterpiece that it is just a honor to be in a fleet with it. The ship has a Dragon figure on the prow and screams war. All the men on the boat knew this was not going to be an easy fight. The thing was we all understood what was right. King Harold stole the crown from King Duke. Harold and his lies will not be taken lightly. The cowardly Harold forgets that there were witnesses, like me. I heard him King Edward tell the room that William will be King. While Harold was agreeing to support...

Words: 1439 - Pages: 6

Free Essay

Narrative Report

...she never really did felt the hard thing about “bearing down a child” because she was a post-cesarian section patient for me and my brothers, but she felt the pain in labor which is the hardest of them all as a patient told me. In my duty here in the delivery room made me reflect about the life my mommy, luckily gave me. So I decided not to waste it and cherish all the sacrifices and pain she felt when she was giving birth to me. And when I delivered my first ever baby, I texted my mommy right away saying, “Hey Mommy, I Love You! Thank you for this wonderstrucking life. I’ll be home soon.” Our clinical exposure here at Amang Rodriguez Memorial Medical Center made us stressed, tired but we can tell ourselves that after this rotation. We can surely handle anything else. Thanks to our Clinical instructor Ma’am Marie Ann Lapitan, She was one of my favorite instructor *no joke*. From my group, I was the only person who never, as in, never experienced or even seen and assist an actual delivery. I told her that right away so I she’d know that I never handled any cases ever since. At first I was very afraid ‘coz Mam. Lapitan told me that I’ll be having the first case. I was really praying that I wouldn’t do any failure because I might waste a life there. So I cleared my mind and...

Words: 455 - Pages: 2

Free Essay

Biography

...the craziness in Houston, Texas. So, I decided to move to the country where I now live with my boyfriend, two, toypoodles, a ferret and my boyfriends parents. We all live in the country on 5 ½ acres. Our home is 2 homes in one which are both separated, the parents live on one side and we live on the other. Once you have been use to living the city life and move to the country it can be quite an adjustment because there is not much to do in Texarkana, Tx compared to Houston. For instance, simple things for me like driving to town seem like such a chore. Since moving to the country instead of going shopping for dinner no more then a mile from home I now have to drive over fifteen miles to town. Sometimes i feel like I have wasted my entire day. The up side of living in the country is that it is quite peaceful and you do not have your neighbor in your back yard. I have four children 2 girls and 2 boys. My girls are Diana my oldest 29 who has two children My grandchildren Makelia 7 and Baby Juan 4. My daughter Mary is 28 and she has 3 boys Vince 8, Louie, 3, and Baby Luke who is 1 ½ . Then, my boys are Brigido 26 (he is my trouble child) who gave me my 2 beautiful grandchildren Isaiah 8, and Destiney who is 4. My baby is Cameron he is 22 years old and in college in Austin, Tx. I am not working at this point because I have been working on obtaining custody of my 2 of my grandchildren Destiny and Isaiah. We have been working on our case for over a year now traveling back and...

Words: 408 - Pages: 2

Free Essay

Gen 105 Week 1

...Gen 105 Week 1 DQ 1 What were your initial thoughts on distance learning before you started your program? Why did you choose distance learning over a traditional face to face learning environment? In what ways your view of distance learning change since you started your classes? My initial thoughts on distance learning before I started my program were a great way to obtain a degree and stay still in the comfort of your own home. A way to be successful in your career if you have a busy life and traditional face to face learning is not an option for you. I decided to choose distance learning over a traditional face to face learning environment because it is a better technique to manage your time between work, family and school. I can set my own time for education and still have ability to manage my time wisely. With 24 hours I can log in and submit my home work any time, if compare to traditional face to face learning environment I have to be in class at certain time and if I do not show up for the class. I will be marked absence. But as distance learning there is no set time that you have to be online and all you need is basic knowledge of internet. Ways my view of distance learning change since I started my classes is that I have made the correct decision in pursuing my education. First I was skeptical about distance learning programs because I was not familiar with the online classroom, how to submit assignment and how to reach your instructor. After visiting the University...

Words: 291 - Pages: 2