Monday, July 31, 2023

Estafa, modified penalty under RA 10951

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 "Penalty modifications Republic Act No. 10951 (RA 10951) adjusted the amount or value of the property and damage upon which the penalt...

Equipoise Rule in Appreciation of Evidence

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 "The equipoise rule is inapplicable in this case Arriola maintains that he possessed a valid authority to sell the subject lot, which ...

Good faith as a defense in Estafa

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 "Good faith is "an elusive idea, taking on different meanings and emphases as we move from one context to another."56 It is,...

Return of the amount owed will not cancel criminal liability for Estafa

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 "Return of the amount owed to Del Rosario will not cancel Arriola's criminal liability for Estafa Arriola insists that he manifest...

Elements of ESTAFA by means of deceit

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 "All the other elements of the crime also are undisputed. As laid down by jurisprudence, the elements of Estafa by means of deceit und...

Incomplete cross examination

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 "When cross-examination is not and cannot be done or completed due to causes attributable to the party offering the witness, the uncom...

When the sale of a piece of land or any interest thereon is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void.

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 "When the sale of a piece of land or any interest thereon is through an agent, the authority of the latter shall be in writing; otherw...

Fraud vs. Deceit

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"Fraud, in its general sense, is deemed to comprise anything calculated to deceive, including all acts, omissions, and concealment invo...

Hearsay evidence vs. Independently relevant statement

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"Section 36, Rule 130 of the Rules of Court does declare hearsay as generally inadmissible testimonial evidence: Section 36. Testimony ...

Estafa by means of deceit

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 "The courts below held Arriola criminally liable for Estafa by false deceits under Article 315, Paragraph 2(a) of the RPC, which provi...
Friday, June 30, 2023

The alleged confession and the pictures of the supposed re-enactment are inadmissible as evidence because they were obtained in a manner contrary to law.

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 "10. This Court, in the case of Morales vs. Ponce Enrile, 7 laid down the correct procedure for peace officers to follow when making a...

Habeas Corpus: Under the judicial power of review and by constitutional mandate, in all petitions for habeas corpus the court must inquire into every phase and aspect of petitioner's detention from the moment petitioner was taken into custody up to the moment the court passes upon the merits of the petition. Only after such a scrutiny can the court satisfy itself that the due process clause of our Constitution has in fact been satisfied.

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 "Power of the Courts. 18. The writ of habeas corpus has often been referred to as the great writ of liberty. It is the most expeditiou...

Rights of arrested person undergoing custodial investigation

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 "4. If petitioners had been arrested in a communist country, they would have no rights to speak of. However, the Philippines is a repu...

Respondent cannot seek reimbursement on the ground of equity where it is clear that he willingly and knowingly bought the property despite the constitutional prohibition.

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 "The petition has merit. Section 7, Article XII of the 1987 Constitution states: Save in cases of hereditary succession, no private la...
Wednesday, May 31, 2023

Right to privacy

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 "x x x On petitioner's right to privacy One of the arguments raised by petitioner before this Court concerns the admissibility of ...

Co-owner vs. Trustee

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 "x x x Issue The central question to be resolved by the Court is whether the CA was correct in upholding the RTC's Decision dated ...

REPUBLIC ACT NO. 10660 - AN ACT STRENGTHENING FURTHER THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, FURTHER AMENDING PRESIDENTIAL DECREE NO. 1606, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

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REPUBLIC ACT NO. 10660 AN ACT STRENGTHENING FURTHER THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, FURTHER AMENDING PRESID...

REPUBLIC ACT NO. 11576, July 30, 2021 - AN ACT FURTHER EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION ACT OF 1980,” AS AMENDED

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REPUBLIC ACT NO. 11576, July 30, 2021  AN ACT FURTHER EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN...
Sunday, April 30, 2023

Calling out power; commander-in-chief powers

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 "It  is true that for the purpose of exercising the calling out power the Constitution does not require the President to make a declar...

Legal standing in relation to judicial power and cases involving constitutional questions

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 "Only petitioners Rep. Suplico et al. and Sen. Pimentel, as Members of Congress, have standing to challenge the subject issuances. In ...