Category Archives: Criminal Law

Consent of the Child is Immaterial in Criminal Cases Involving Violation of Section 5, Article III of RA 7610. Hence, “Sweetheart Theory” as a Defense is Unacceptable.

Consent of the Child is Immaterial in Criminal Cases Involving Violation of Section 5, Article III of RA 7610. Petitioner claims that AAA welcomed his kisses and touches and consented to have sexual intercourse with him. They engaged in these … Continue reading

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Is vagrancy law constitutional?

… The power to define crimes and prescribe their corresponding penalties is legislative in nature and inherent in the sovereign power of the state to maintain social order as an aspect of police power. The legislature may even forbid and … Continue reading

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When an instrument or tool used in a crime is being claimed by a third-party not liable to the offense, such third-party must first establish its ownership over the same.

Petitioner contends that F/V Sea Lion should be released to it because it is the registered owner of said vessel and her captain and crew members were not among those accused of and convicted in Criminal Case Nos. 18965 and … Continue reading

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Instigation and Entrapment are distinguished and determined

Fifth, the evidence on record belies that the appellants were instigated to sell marijuana. Instigation means luring the accused into a crime that he, otherwise, had no intention to commit, in order to prosecute him.[26] On the other hand, entrapment … Continue reading

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What is punished in falsification of public documents? What are its elements?

The Information alleged that Guillergan committed falsification by making it appear in several public documents that P1,519,000.00 in AFP funds intended for the CIAs’ payroll were paid for that purpose when in truth these were just given to Rio, resulting … Continue reading

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The essence of the right against self-incrimination is testimonial compulsion, that is, the giving of evidence against himself through a testimonial act.

On another constitutional issue, appellant alleges that his right against self-incrimination was violated when he was subjected to ultra-violet powder test without the presence of a lawyer. We disagree. In People vs. Gallarde,[32] we held that: The constitutional right of … Continue reading

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Is saying that a person is a “thief” a grave oral defamation?

To say that Daylinda is a thief is irrefragably grave oral defamation. This imputes to her a crime that is dishonorable or contemptuous. However, the Court finds that the penalty imposed on the petitioner is erroneous.  The penalty imposed by … Continue reading

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