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, […]
Tag: Criminal Law 2
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, […]
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 […]
The Revised Penal Code of the Philippines (Book 2)Title 4 Crimes Against Public Interest (Essential Elements)Article 161 – 187
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 – 142Rebellion, Coup D’etat, Sedition and Disloyalty Chapter 2, Article 143 – 145Crimes Against Popular Representation Chapter 3, Article 146 – 147Illegal Assemblies and Associations Chapter 4, […]
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 DetentionArticle 125 Delay in the Delivery of Detained Persons…Article 126 Delaying ReleaseArticle 127 ExpulsionArticle 128 Violation of DomicileArticle 129 Search Warrants Maliciously […]
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 TreasonArticle 115 Conspiracy and Proposal to Commit TreasonArticle 116 Misprision of TreasonArticle 117 EspionageArticle 118 Inciting to War or Giving Motives for ReprisalArticle 119 Violation of NeutralityArticle 120 Correspondence […]