Case Digest: MATHAY JR. v CA
MATHAY JR. v CA FACTS: During his administration, Simon appointed the three private respondents for the Civil Service Units pursuant to a Presidential Decree creating such units. It was later held in an opinion of the Ministry of Justice that the PD wasn’t published in the Official Gazette and therefore, didn’t become a proper law. […]
Case Digest: LAUREL v DESIERTO
LAUREL v DESIERTO FACTS: During the Aquino administration, an Administrative Order was issued for the formation of a committee that would be in charge of the Centennial celebrations. This was reconstituted during the Ramos administration and was dubbed as the National Centennial Commission. It was to be chaired by Salvador Laurel and was […]
Criminal Law Update: Self-defense Part 5
SELF-DEFENSE; ELEMENTS To escape liability, the person claiming self-defense must show by sufficient, satisfactory and convincing evidence that: (1) the victim committed unlawful aggression amounting to actual or imminent threat to life and limb of the person claiming self-defense; (2) there was reasonable necessity in the means employed to prevent or repel the unlawful aggression; […]
Criminal Law Update: Self-defense Part 4
SELF DEFENSE When self-defense is invoked, the burden of evidence shifts to the accused to show that the killing was legally justified. Having owned the killing of the victim, the accused should be able to prove to the satisfaction of the Court the elements of self-defense in order to avail of this extenuating circumstance. He […]
Criminal Law Update: Self-defense Part 3
SELF DEFENSE There can be no self-defense, complete or incomplete, unless the accused proves the first essential requisite—unlawful aggression on the part of the victim. Unlawful aggression presupposes an actual, sudden and unexpected or imminent danger on the life and limb of a person – a mere threatening or intimidating attitude is not sufficient. There […]
Criminal Law Update: Self-defense Part 2
SELF-DEFENSE ELEMENTS; BURDEN OF EVIDENCE; In invoking self-defense, whether complete or incomplete, the onus probandi is shifted to the accused to prove by clear and convincing evidence all the elements of justifying circumstance, namely: (a) unlawful aggression on the part of the victim; (b) the reasonable necessity of the means employed to prevent or repel […]
Criminal Law Update: Distinction Between Frustrated and Consummated Crimes
DISTINCTION BETWEEN FRUSTRATED AND CONSUMMATED CRIMES In contrast, the determination of whether a crime is frustrated or consummated necessitates an initial concession that all of the acts of execution have been performed by the offender. The critical distinction instead is whether the felony itself was actually produced by the acts of execution. The determination of […]
Criminal Law Update: Stages of Crimes Part 2
SUBJECTIVE AND OBJECTIVE PHASES OF FELONY Each felony under the Revised Penal Code has a “subjective phase,” or that portion of the acts constituting the crime included between the act which begins the commission of the crime and the last act performed by the offender which, with prior acts, should result in the consummated crime. […]
Criminal Law Update: Perjury
PERJURY ELEMENTS; Perjury is the willful and corrupt assertion of a falsehood under oath or affirmation administered by authority of law on a material matter. Article 183 of the Revised Penal Code states the definition of and penalty for perjury, thus: Art. 183. False testimony in other cases and perjury in solemn affirmation. The penalty […]
Criminal Law Update: Murder
MURDER CIVIL LIABILITIES OF OFFENDER The Court of Appeals also correctly awarded the amounts of P50,000.00 as civil indemnity and another P50,000.00 as moral damages in line with recent jurisprudence. Civil indemnity is mandatory and is granted to the heirs of the victim without need of proof other than the commission of the crime. Moral […]
