• Criminal Cases and Procedure,  Criminal Law

    WARRANTS MALICIOUSLY  OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED   (Art. 129 of REVISED PENAL CODE OF THE )

    Q: What are the punishable acts? A: 1. Procuring a search warrant without just cause. Elements: a. That the offender is a public officer or employee b. That he procures a search warrant c. That there is no just cause 2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured Elements: a. That the offender is a public officer or employee b. That he has legally procured a search warrant c. That he exceeds his authority or uses unnecessary severity in executing the same Q: What is a search warrant? A: It is an order in writing, issued in the name of the People…

  • Criminal Cases and Procedure,  Criminal Law

    VIOLATION OF DOMICILE   (Art. 128 of REVISED PENAL CODE OF THE PHILIPPINES )

    Q: What are the modes of committing this crime? A: 1. First mode: Entering any dwelling against the will of the owner thereof Note: In the first mode, lack of consent would not suffice as the law requires that the offender’s entry must be over the owner’s objection, express or implied. 2. Second mode: Searching papers or other effects found therein without the previous consent of such owner Note: In the second mode, mere lack of consent is sufficient. 3. Third mode: Refusing to leave the premises after having surreptitiously entered said dwelling and after having been required to leave the same Note: In the third mode, what is punished…

  • Criminal Cases and Procedure,  Criminal Law

    EXPULSION   (Art. 127 of the REVISED PENAL CODE OF THE PHILIPPINES )

    Q: What are the punishable acts? A: 1. Delaying the performance of judicial or executive order for the release of a prisoner 2. Unduly delaying the service of the notice of such order to said prisoner 3. Unduly delaying the proceedings upon any petition for the liberation of such person. Q: What are the elements of delaying release? A: 1. Offender is a public officer or employee 2. There is a judicial executive order for the release of the prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. Offender without good reason delays: a. Service of notice of such…

  • Criminal Cases and Procedure,  Criminal Law

    DELAYING RELEASE   (Art. 126 of the REVISED PENAL CODE OF THE PHILIPPINES )

    Q: What are the punishable acts? A: 1. Delaying the performance of judicial or executive order for the release of a prisoner 2. Unduly delaying the service of the notice of such order to said prisoner 3. Unduly delaying the proceedings upon any petition for the liberation of such person. Q: What are the elements of delaying release? A: 1. Offender is a public officer or employee 2. There is a judicial executive order for the release of the prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. Offender without good reason delays: a. Service of notice of such…

  • Criminal Cases and Procedure,  Criminal Law

    DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITY     (Art. 125 of REVISED PENAL CODE OF THE PHILIPPINES )

    Q: What are the elements of this crime? A: 1. Offender is a public officer or employee 2. He has detained a person for some legal ground 3. He fails to deliver such person to the proper judicial authorities within: a. 12 hours for crimes/offenses punishable by light penalties or their equivalent; b. 18 hours for crimes/offenses punishable by correctional penalties or their equivalent; c. 36 hours for crimes/offenses punishable by afflictive penalties or their equivalent. Q: What are the circumstances considered in determining liability of officer detaining a person beyond legal period? A: 1. The means of communication 2. The hour of arrest 3. Other circumstances such as the…

  • Criminal Cases and Procedure,  Criminal Law

    ARBITRARY DETENTION     (Art. 124 OF REVISED PENAL CODE OF THE PHILIPPINES )

    Q: What are the elements of the crime of arbitrary detention? A: 1. Offender is a public officer or employee 2. He detains a person 3. Detention is without legal grounds. Q: When is a person considered in detention? A: A person is detained when he is placed in confinement or there is restraint on his person. Q: Can there be arbitrary detention even if the victims were not kept in an enclosure? A: Yes. The prevailing jurisprudence on kidnapping and illegal detention is that the curtailment of the victim’s liberty need not involve any physical restraint upon the victim’s person. If the acts and actuations of the accused can…

  • murder
    Criminal Cases and Procedure

    Philippine Criminal Law: Murder

      Murder is the unlawful killing of any person which is not parricide or infanticide, provided that any of the following circumstances is present: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity 2. In consideration of a price, reward or promise Note: For reward and promise to be considered, the same must the primary consideration in the commission of a crimeor felony. If this aggravating circumstance is present in the commission of the crime, it affects not only the person who received the money or reward but…

  • killedmywife
    Criminal Cases and Procedure

    Philippine Criminal Law: I killed my wife after I saw her having sex with another man!

      Article 247 of the Revised Penal Code  affords  protection  to  a  spouse considered  to  have  acted  in  a  justified  outburst  of  passion or  a  state  of  mental  disequilibrium.  The offended  spouse  has  no  time  to  regain  his  self‐control. However the following circusmstances must be present:   1. A legally married person or a parent surprises his spouse or daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse. 2. He or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter. 3. He has not promoted or facilitated the prostitution of his wife…

  • parracide
    Criminal Cases and Procedure

    Philippine Criminal Law: What is parricide?

    Parracide is a criminal act of killing his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse,hall be punished by the penalty of reclusion perpetua to death.   The relationship, except the spouse, must be in the direct line and not in the collateral line. Hence, if  father the killed his son and was assisted by his nephew , then father is guilty of parricide while the nephew committed murder or homicide as case maybe.

  • custodial investigation
    Criminal Cases and Procedure

    Rights of persons under Custodial Investigation in the Philippines

      (1) The rights of an accused person under in-custody investigation are expressly enumerated in Sec. 12, Art. III of the Constitution, viz:  (a)Any person under investigation for the commission of an offense shall have the right to be informed of his rights to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel; (b)No torture, force, violence, intimidation or any other means which vitiate the free will shall be used against him. Secret detention places, solitary,…