Accuse-appellant must thus prove that he was completely deprived of reason when he killed his father in order to be exempt for parricide. There is nothing either in the report of Dr. Gerona or his testimony which indubitably show that accused-appellant was completely without reason when he killed his father because the latter wanted him […]
Tag: Jurisprudence
The subordinate who, in following an order of the superior, failed to observe all auditing procedures of disbursement, cannot escape responsibility for such omission; but where he acted in good faith, his liability should only be administrative or civil in nature, not criminal. (TABUENA vs. SANDIGANBAYAN. G.R. Nos. 103501-03. February 17,1997)
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Self-Defense
Self-defense is man’s inborn right. In a physical assault, retaliation becomes unlawful after the attack has ceased, because there would be no further harm to repel. But that is not the case when it is aimed at a person’s good name. Once the aspersion is cast its sting clings and the one thus defamed may […]
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Frustrated Felony
When the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. Where the offender treacherously inflicted a wound upon the victim which was sufficient to have caused death, but the victim […]
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Conspiracy
When accused-appellant Pugay poured gasoline on the victim’s body and thereafter his co- accused Samson set the victim on fire, there is nothing in the records showing that there was previous conspiracy or unity of criminal purpose and intention between the two accused-appellants immediately before the commission of the crime.
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Dangerous Drugs Act
To sustain a conviction for selling prohibited drugs, the sale must be clearly and unmistakably established. To sell means to give, whether for money or any other material consideration. It must, therefore, be established beyond reasonable doubt that appellant actually sold and delivered two tea bags of marijuana dried leaves to Sgt. Lopez, who acted […]
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Praeter Intentionem
When the Resulting Harm is Greater than Means Employed by the Offender “Praeter intentionem” is defined as having an injurious result that is greater than that intended. The Revised Penal Code describes it as no intention to commit so grave a wrong. In People vs. Ural, praeter intentionem is a mitigating circumstance “that the offender had no […]
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Aberratio Ictus
Can A Wrongful Act Done Differently From That Which is Intended Incur Criminal Liability? In “aberratio ictus” or mistake in the blow, a person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else. The intended victim as well as the actual victim are both at the […]
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Rights of the Accused
Know Your Rights: An accused cannot be convicted of an offense unless it is clearly charged in the complaint or information In criminal cases, where the life and liberty of the accused is at stake, due process requires that the accused be informed of the nature and cause of the accusation against him. An accused […]