Category Archives: Penalties

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

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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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Definition and penalty of lascivious conduct

It is undisputed that at the time of the commission of the sexual abuse, VVV was ten (10) years old. This calls for the application of R.A. No. 7610, or “The Special Protection of Children Against Child Abuse, Exploitation and … Continue reading

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Automatic Suspension of Sentence; Duration; Appropriate Disposition after the Lapse of the Period of Suspension of Sentence

Automatic Suspension of Sentence; Duration; Appropriate Disposition after the Lapse of the Period of Suspension of Sentence           Republic Act No. 9344 warrants the suspension of sentence of a child in conflict with the law notwithstanding that he/she has reached … Continue reading

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The litmus test xxx in the determination of the civil indemnity is the heinous character of the crime committed, which would have warranted the imposition of the death penalty, regardless of whether the penalty actually imposed is reduced to reclusion perpetua

We have consistently ruled that:             The litmus test xxx in the determination of the civil indemnity is the heinous character of the crime committed, which would have warranted the imposition of the death penalty, regardless of whether the penalty … Continue reading

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When the offender is a minor under 18 years, the penalty next lower than that prescribed by law shall be imposed, but always in the proper period

the law prescribing the death penalty when rape is committed against a child below seven (7) years old[141]applies. The following, however, calls for the reduction of the penalty: (1) the prohibition against the imposition of the penalty of death in … Continue reading

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It is presumed that illegal fishing has been committed when fish caught or killed with the use of explosives, obnoxious or poisonous substances or by electricity are found in a fishing boat.

Petitioners point out that the fact that neither explosives nor related paraphernalia were found in their possession is an indication of their innocence. We do not agree.  First, it is quite probable that petitioners dumped these materials into the sea … Continue reading

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