Generality means that the criminal law of the country governs all persons who lives or sojourns in the Philippines (Article 14, NCC), subject to certain exceptions brought about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are […]
Category: Criminal Law
Mala in se (“evil in itself”) – A crime or an act that is inherently immoral, such as murder, arson or rape. [Black’s Law Dictionary, 9th Ed.] Mala prohibita (“prohibited evil”) – An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral. [Black’s Law […]
The following links must be established in the chain of custody in a buy-bust situation: FIRST, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; SECOND, the turn over of the illegal drug seized by the apprehending officer to the investigating officer (within 24 hours); THIRD, […]
The fruit of the Poisonous Tree doctrine provides that evidence obtained and confiscated on the occasion of such unreasonable searches and seizures are deemed tainted and should be excluded for being the proverbial fruit of a poisonous tree. In other words, evidence obtained from unreasonable searches and seizures shall be inadmissible in evidence for any purpose […]
A Warrantless Arrest, also known as “citizen’s arrest,” is lawful under three circumstances: 1) In Flagrante Delicto – When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. 2) Hot Pursuit – When an offense has just been committed, and he has probable cause to believe, […]