Criminal Law Update: Direct Bribery
DIRECT BRIBERY ELEMENTS; The crime of direct bribery as defined in Article 210 of the Revised Penal Code contains the following elements: (1) that the accused is a public officer; (2) that he received directly or through another some gift or present, offer or promise; (3) that such gift, present or promise has […]
Criminal Law Update: Bigamy
Bigamy For the accused to be held guilty of bigamy, the prosecution is burdened to prove the felony: (a) he/she has been legally married; and (b) he/she contracts a subsequent marriage without the former marriage having been lawfully dissolved. The felony is consummated on the celebration of the second marriage or subsequent marriage. It is […]
Criminal Law Update: Estafa
JOSON VS. PEOPLE OF THE PHILIPPINES, G.R. 178836, JULY 23, 2008 Fraud, in its general sense, is deemed to comprise anything calculated to deceive, including all acts, omissions, and concealment involving a breach of legal or equitable duty, trust, or confidence justly reposed, resulting in damage to another, or by which an undue and unconscientious […]
Criminal Law Update: Rape as Crime Against Person Part 2
TEST TO DETERMINE WHETHER A WOMAN VOLUNTARILY SUBMITTED TO SEXUAL INTERCOURSE Physical resistance is not the sole test to determine whether or not a woman involuntarily succumbed to the lust of an accused. Jurisprudence holds that even though a man lays no hand on a woman, yet if by array of physical forces he so […]
Criminal Law Update: Rape as Crime Against Person Part 1
Rape, When And How Committed “1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: “a) Through force, threat, or intimidation; “b) When the offended party is deprived of reason or otherwise unconscious; “c) By means of fraudulent machination or grave abuse of authority; and “d) When […]
Criminal Law Update: Stages of Crimes Part 1
STAGES OF CRIMES Article 6 defines those three stages, namely the consummated, frustrated and attempted felonies. A felony is consummated “when all the elements necessary for its execution and accomplishment are present.” It is frustrated “when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, […]
Criminal Law Update: Conspiracy Part 1
CONSPIRACY Their concerted efforts were performed with closeness and coordination indicating their common purpose to inflict injury on the victim. For conspiracy to exist, the evidence need not establish the actual agreement which shows the preconceived plan, motive, interest or purpose in the commission of the crime. Proof of publicly observable mutual agreement is not […]
Criminal Law Update: Conspiracy Part 2
No ex post facto Conspiracy One who joins a conspiracy while the felony subject thereof is being committed or before the said felony is committed and performs overt acts to achieve the common design or purpose, is criminally liable for said felony. On the other hand, one who joins a conspiracy after the felony subject […]
Criminal Law Update: Self-defense Part 1
SELF-DEFENSE REQUISITES In order to successfully claim that he acted in defense of a relative, the accused must prove the concurrence of the following requisites: (1) unlawful aggression on the part of the person killed or injured; (2) reasonable necessity of the means employed to prevent or repel the unlawful aggression; and (3) the person […]
