Categories
Criminal Law Doctrines

Chain of Custody Rule – RA 9165 Comprehensive Dangerous Drugs Act of 2002

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 turn over by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and

FOURTH, the turn over and submission of the marked illegal drugs seized from the forensic chemist to the court.

People vs. Constantino, Jr. GR No. 199689, March 12, 2014

Categories
Criminal Law Doctrines

Fruit of the Poisonous Tree Doctrine

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 in any proceeding.

Comerciante vs. People, G.R. No. 205926

Categories
Criminal Law Doctrines

When Warrantless Arrest is Lawful

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, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it.

3) When the person to be arrested is a prisoner who has escaped from a Penal Establishment.

Section 5, Rule 113 of the Rules of Court

Categories
Jurisprudence Criminal Law

Rebellion as Complex Crime

Rebellion Can Now Be Complexed with Common Crimes

Rebellion can now be complexed with common crimes – killings, and/or destructions of property, even though committed by rebels in furtherance of rebellion, shall bring about complex crimes of rebellion with murder/homicide, or rebellion with robbery, or rebellion with arson.

Not long ago, Enrile v. Salazar, 86 SCRA 217, and People v. Hernandez, 99 Phil 515 affirmed the rule that rebellion may not be complexed with common crimes. However, in amending Article 135, the acts which used to be component crimes of rebellion, like serious acts of violence, have been deleted. These are now distinct crimes. The legal obstacle for the application of Article 48, therefore, has been removed.

Categories
Audiobook Criminal Law Criminal Law 2

Criminal Law 2 (Part 4) – Crimes Against Public Interest, Elements, Revised Penal Code Audiobook

The Revised Penal Code of the Philippines (Book 2)
Title 4 Crimes Against Public Interest (Essential Elements)
Article 161 – 187

Categories
Audiobook Criminal Law Criminal Law 2

Criminal Law 2 (Part 3) – Crimes Against Public Order, Elements, Revised Penal Code Audiobook

Crimes Against Public Order, Elements, Revised Penal Code

The Revised Penal Code of the Philippines (Book 2)
Title 3 Crimes Against Public Order (Essential Elements)

Chapter 1, Article 134 – 142
Rebellion, Coup D’etat, Sedition and Disloyalty

Chapter 2, Article 143 – 145
Crimes Against Popular Representation

Chapter 3, Article 146 – 147
Illegal Assemblies and Associations

Chapter 4, Article 147 – 152
Assault Upon and Resistance and Disobedience to Persons in Authority and their Agents

Chapter 5, Article 153 – 156
Public Disorder

Chapter 6, Article 157 – 160
Evasion Of Service Of Sentence

Categories
Audiobook Criminal Law Criminal Law 2

Criminal Law 2 (Part 2) – Crimes Against the Fundamental Law of State, Elements, Revised Penal Code Audiobook

Crimes Against the Fundamental Law of State, Elements, Revised Penal Code

The Revised Penal Code of the Philippines (Book 2)
Title 2 Crimes Against the Fundamental Law of State (Essential Elements)

Article 124 Arbitrary Detention
Article 125 Delay in the Delivery of Detained Persons…
Article 126 Delaying Release
Article 127 Expulsion
Article 128 Violation of Domicile
Article 129 Search Warrants Maliciously Obtained…
Article 130 Searching Domicile Without Witness
Article 131 Prohibition, Interruption…
Article 132 Interruption of Religious Worship
Article 133 Offending the Religious Feelings

Categories
Audiobook Criminal Law Criminal Law 2

Criminal Law 2 (Part 1) – Crimes Against National Security, Elements, Revised Penal Code Audiobook

Crimes Against National Security, Elements, Revised Penal Code

The Revised Penal Code of the Philippines (Book 2)
Title 1 Crimes Against National Security (Essential Elements)

Article 114 Treason
Article 115 Conspiracy and Proposal to Commit Treason
Article 116 Misprision of Treason
Article 117 Espionage
Article 118 Inciting to War or Giving Motives for Reprisal
Article 119 Violation of Neutrality
Article 120 Correspondence with Hostile Country
Article 121 Flight to Enemy’s Country
Article 122 Piracy in General and Mutiny on the High Seas
Article 123 Qualified Piracy
RA 6235 Anti Hijacking Law