Carnapping

The elements of carnapping as defined and penalized under the Anti-Carnapping Act of 1972 are the following:

1. That there is an actual taking of the vehicle;

2. That the vehicle belongs to a person other than the offender himself;

3. That the taking is without the consent of the owner thereof; or that the taking was committed by means of violence against or intimidation of persons, or by using force upon things; and

4. That the offender intends to gain from the taking of the vehicle (People of the Philippines Vs. Renato Lagat y Gawan, a.k.a. Renat Gawan and James Palalay y Villarosa, G.R. No. 187044. September 14, 2011).

Accretion

We have held that for Article 457 to apply the following requisites must concur: (1) that the deposit be gradual and imperceptible; (2) that it be made through the effects of the current of the water; and (3) that the land where accretion takes place is adjacent to the banks of rivers (Jose Fernando, Jr. et al. Vs. Leon Acuña, et al., G.R. No. 161030. September 14, 2011).

Bigamy

1. That the offender has been legally married.

2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code.

3. That he contracts a second or subsequent marriage.

4. That the second or subsequent marriage has all the essential requisites for validity (Atilano O. Nollora, Jr. Vs. People of the Philippines, G.R. No. 191425. September 7, 2011).

Kidnapping and Serious Illegal Detention

The crime has the following elements: (1) the offender is a private individual; (2) he kidnaps or detains another, or in any manner deprives the latter of his liberty; (3) the act of detention or kidnapping is illegal; and (4) in the commission of the offense, any of the following circumstances is present: (a) the kidnapping or detention lasts for more than three days; (b) it is committed by simulating public authority; (c) any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (d) the person kidnapped or detained is a minor, female or a public official (People v. Jacalne, G.R. No.168552, October 3, 2011).

Implied Lease

Under Article 1670, an implied new lease will set in if it is shown that: (a) the term of the original contract of lease has expired; (b) the lessor has not given the lessee a notice to vacate; and (c) the lessee continued enjoying the thing leased for 15 days with the acquiescence of the lessor. (Yuki v. Co, G.R. No. 178527, 27 December 2009)

Equal Protection of Law

In order that there can be valid classification so that a discriminatory governmental act may pass the constitutional norm of equal protection, it is necessary that the four (4) requisites of valid classification be complied with, namely:

1. It must be based upon substantial distinctions;
2. It must be germane to the purposes of the law;
3. It must not be limited to existing conditions only; and
4. It must apply equally to all members of the class. (Quinto v. Comelec, G.R. No. 189698, 1 December 2009)

Discharge of Accused as State Witness

The conditions for the discharge of an accused as a state witness are as follows:

1. There is absolute necessity for the testimony of the accused whose discharge is requested;
2. There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
3. The testimony of said accused can be substantially corroborated in its material points;
4. Said accused does not appear to be the most guilty; and
5. Said accused has not at any time been convicted of any offense involving moral turpitude. (People v. Estacio, G.R. No. 171655, July 22, 2009)