Category Archives: Criminal Law

What possible crime and punishment if a group of people uses the airport to publicly air their protest against aerial spraying by rallying inside and unloading truckloads of sands at its runway?

RA 9497 of March 4, 2008, sec.81, (b), 5 states: b) The following penalties may only be imposed by a court of competent jurisdiction after the filing of a proper criminal complaint therein by the Director General and a finding … Continue reading

Posted in AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR AND FOR OTHER PURPOSES, CAAP, Criminal Law, Criminal Liability, Penalties, Penalty Charge | Tagged , , | Leave a comment

The accused can be convicted of simple illegal possession of firearms, provided that “no other crime was committed by the person arrested

                However, as to petitioner’s conviction for illegal possession of firearms, such judgment must be set aside. We find that he can no longer be held liable for such offense since another crime was committed, i.e., rape. D. 1866, as … Continue reading

Posted in Criminal Law, Criminal Liability, Illegal Possesion of Firearm, Illegal Possesion of Firearms, Legal Maxim, Penal Code, RA 8294 | Tagged , | 1 Comment

Statements made against the public figure are essentially true, then no conviction for libel can be had. Any statement that does not contain a provably false factual connotation will receive full constitutional protection

Actual Malice Not Proven         As it has been established that complainant was a public figure, it was incumbent upon the prosecution to prove actual malice on the part of Lim and petitioner when the latter published the article subject … Continue reading

Posted in Constitutional Law, Constitutional Rights, Criminal Law, Freedom of Expression, Freedom of Speech, Freedom of the Press, Libel, Penal Code | Leave a comment

Development and Present Status of Criminal Libel

           Under our law, criminal libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, … Continue reading

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Whether or not petitioner’s act of poking a dirty finger at complainant constitutes grave slander by deed.

The next issue that faces this Court is whether or not petitioner’s act of poking a dirty finger at complainant constitutes grave slander by deed. Following the same principle as enunciated in our foregoing discussion of the first issue, we … Continue reading

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Definition, Nature and Gravity of Slander

Anent the first issue, Article 358 of the Revised Penal Code provides: Art. 358. Slander. – Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a … Continue reading

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Does the conviction of adultery carry the accessory of civil interdiction which deprives the person of the rights to manage her property and to dispose of such property inter vivos?

The conviction of adultery does not carry the accessory of civil interdiction. Article 34 of the Revised Penal Code provides for the consequences of civil interdiction: 34. Civil Interdiction. – Civil interdiction shall deprive the offender during the time of … Continue reading

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