Philippines has become "a willing victim" and "an abettor" of China, two...
See - www.rappler.com"x x x.Del Rosario: PH 'a willing victim' 2 years after Hague ruling'Before we can hope for help, we must first demonstrate that we are worth helping,' says former foreign...
View ArticleSec. 3 [g], R.A. No.3019, anti-graft and corrupt practices act.
In order to be liable for violation of Section 3 (g) of Republic Act No. 3019, or otherwise known as the “Anti-Graft and Corrupt Practices Act, the following elements must concur: (1) that the accused...
View ArticleCompeent proof of overpricing, Sec. 3 [g], R.A. 3019, anti-graft and corrupt...
Caunan vs. People of the Philippines and Sandiganbayan G.R. Nos 181999, 182001-04, 02 September 2009: "x x x.We agree with petitioners that the fact of overpricing is embedded in the third criminal...
View ArticlePhilippine Government Electronic Procurement System (PhilGEPS).
Section 8.5. of the 2016 Implementing Rules and Regulations of Republic Act No. 9184 provides: "x x x.8.5. Registration, Eligibility Requirements and Submission of Bids under the PhilGEPS 8.5.1. To...
View ArticleSection 3 (e) of Republic Act No. 3019, “Anti-Graft and Corrupt Practices Act
Bustillo, et al. vs. People of the Philippines, G.R. No. 160718, 12 May 2010In order to be liable for violation of Section 3 (e) of Republic Act No. 3019, or otherwise known as the “Anti-Graft and...
View ArticleBad faith; Section 3 (e), R.A. 3019.
Dr. Roger R. Posadas, et al. vs. Sandiganbayan and People of the Philippines, G.R. Nos. 168951 and 169000, 27 November 2013:“The bad faith that Section 3(e) of Republic Act No. 3019 requires, said this...
View ArticleConspiracy explained.
Antonino vs. Desierto, G.R. No. 1444492,18 December 2008: “For it is fundamental that conspiracy cannot be presumed. Conspiracy must be proved by direct evidence or by proof of the overt acts of the...
View ArticleWhere there is reasonable doubt, the accused must be acquitted
In criminal cases, to justify a conviction, the culpability of an accused must be established by proof beyond a reasonable doubt. The burden of proof is on the prosecution, as the accused enjoys a...
View ArticleThe prosecution must overthrow the presumption of innocence with proof beyond...
"(A)ccusation is not according to the fundamental law, synonymous with guilt; the prosecution must overthrow the presumption of innocence with proof beyond reasonable doubt. To meet this standard,...
View ArticleThe equipoise rule states that where the inculpatory facts and circumstances...
The equipoise rule provides that when the prosecution evidence is capable of both inculpatory and exculpatory interpretation, the constitutional presumption of innocence tilts the balance in favor of...
View ArticlePossession of less than five grams of shabu; penalty; Sec. 11, RA 9165
Section 11 of RA 9165, possession of shabu: “Sec. 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten...
View ArticleArrest without warrant; when lawful; Sec. 5, Rule 113, Rules of Criminal...
The trial court erred in holding that the “warrantless arrest” and the “warrantless search” of the appellant was lawful and that the policemen had sufficient “probable cause” to apply Rule 113 [lawful...
View ArticleArrest and search; waiver. - “A waiver of an illegal arrest, however, is not...
The trial court erred in holding that the seized items were admissible in evidence. It erred in not upholding the doctrine of the “fruit of the poisonous tree”. The two [2] foregoing errors are...
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