May drug traffickers or pushers avail of the privilege of probation? Under the new Dangerous Drugs Law or Republic Act 9165, any person convicted for…
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Showing posts with the label Criminal LawShow all
Under the new Dangerous Drugs Law or Republic Act 9165, any person accused of any drug offense regardless of the impossible penalty shall not be allow…
Read moreMere possession of a prohibited drug constitutes prima facie evidence of knowledge or animus possidendi sufficient to convict an accused in the abse…
Read moreThe elements in illegal possession of dangerous drug are: (1) the accused is in possession of an item or object which is identified to be a pro…
Read moreError in personae (mistake in the identity) - occurs when the offender actually hit the person to whom the blow was directed but turned out to be dif…
Read morePraeter intentionem (injurious result is greater than that intended) - it is the lack of intention to commit so grave a wrong as that committed. The …
Read moreWhat is aberratio ictus?
Aberratio ictus
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Aberratio ictus (mistake in the blow) - the offender intends the injury on one person but the harm fell on another. In aberratio ictus, a person dire…
Read moreArticle 8. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the capital punishmen…
Read moreWhen light felonies are punishable
Criminal Law
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Article 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of th…
Read moreRPC supplementary to special laws
Criminal Law
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Article 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be punishable under special laws ar…
Read moreArticle 20. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories shall not be imposed upon those who a…
Read moreRetroactive Effect of Penal Laws
Criminal Law
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Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who …
Read morePardon by the Offended Party
Criminal Law
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A rt. 23. Effect of Pardon by the Offended Party. — A pardon by the offended party does not extinguish criminal action except as provided in arti…
Read moreDistinguish pardon granted by the offended party and pardon granted by the President 1. Pardon by the offended party applies only to crimes agai…
Read moreWhat is the statutory basis for an employers subsidiary liability? The statutory basis for an employers subsidiary liability is found in Article 1…
Read moreWhat is Civil Interdiction?
Civil Interdiction
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Art. 34. Civil Interdiction. — Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority…
Read moreWhat is the effect of acquittal of the accused in a criminal action?
Civil Liability Ex-Delicto
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What are the 2 kinds of acquittal and their effect on the civil liability of the accused? Our law recognizes two kinds of acquittal, with differen…
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