Category Archives: Criminal Liability

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?

Posted on July 23, 2015 by Erineus

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

Posted on July 26, 2014 by Erineus

                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

A ruling on the culpability of the offender will have no bearing on said independent civil action based on an entirely different cause of action, i.e., culpa contractual.

Posted on February 24, 2012 by Erineus

The acquittal of Padilla in the criminal case is immaterial to the instant case for breach of contract This thus now leaves us with the remaining issue raised by G & S, that is, whether the CA gravely erred in … Continue reading →

Posted in Civil Liability, Contract of Carriage, Criminal Liability, Obligations and Contracts, Torts and Damages | Tagged | Comments Off on A ruling on the culpability of the offender will have no bearing on said independent civil action based on an entirely different cause of action, i.e., culpa contractual.

Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. the claim for civil liability survives notwithstanding the death of the accused, if the same may also be predicated on a source of obligation other than delict

Posted on February 24, 2012 by Erineus

We note, first off, that the death of Angeles and of Mayor Comendador during the pendency of the case extinguished their criminal liabilities.           We now hold, as did the Sandiganbayan that the civil liability of Mayor Comendador survived his … Continue reading →

Posted in Civil Liability, Criminal Liability, Obligations and Contracts, Torts and Damages | Tagged | Leave a comment

Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon.

Posted on May 4, 2011 by Erineus

Given Paniterce’s death, we are now faced with the question of the effect of such death on the present appeal. Paniterce’s death onAugust 22, 2009, during the pendency of his appeal, extinguished not only his criminal liabilities for the rape … Continue reading →

Posted in Appeal, Criminal Law, Criminal Liability, Torts and Damages | Tagged | Leave a comment