Atty. Pao

30/06/2024

Abogado ka lng, mother earth yun. She can inflict punishment without due process of law and her decision is final and executory, hence not subject to MR, Appeal or Certiorari😅

07/05/2024

Saan ka nmn nakakita ng 40 degrees celsius ang heat index pero nakacoat?

Sa court po, mga abogado😎🤣

05/05/2024

CHINESE DISHONORABLE ACT

In my previous articles, I sounded my great annoyance and anger at the arrogance displayed by the Chinese Coast Guard every time our hapless and diminutive coast guard vessel is being bombarded by its water cannons.

But the latest incident of water cannoning is different. I was not only annoyed and angered but the incident rekindled my sense of nationalism. As I looked at the video grab, it is discernible that the Chinese coast personnel were targeting our flag hoisted on our vessel.

In all appearances, the Chinese invaders wanted to rip our national flag when the nozzle of the cannon stayed in its direction for minutes. Luckily, our flag did not waver as it gallantly withstood the cannoning. In the end, it remained hoisted on top of PCG vessel as if telling the imperialists "is that all what you've got?"

To Chinese invaders, bear in mind, you may have military superiority but you cannot defeat our resolve to resist your continuous adventurism. We, Filipinos, will fight to the end to protect our territory.

You can bully us because we are a weak nation. You are good at bullying weaker nations. But you cannot do that to much stronger countries. What is so honorable in that?
(Photo not mine)

03/05/2024

Hirap palang maging abogado, yung tipong akala nila ang yaman yaman mo na kasi abogado kana😩🤣
Lower your expectations po, thank you🤣😂

03/05/2024

Blessed 😇🥰

19/01/2024

Item VI, B, 8 of the 2024 Bar Syllabus

Intervention of Offended Party – Section 16

The private complainant's interest in the prosecution of offenses limited only to the civil aspect of the case. In Austria vs. AAA and BBB, the Supreme Court ruled that, the interest of the private offended party is restricted only to the civil liability of the accused. In the prosecution of the offense, the complainant's role is limited to that of a witness for the prosecution such that when a criminal case is dismissed by the trial court or if there is an acquittal, an appeal on the criminal aspect may be undertaken only by the State through the OSG. The private offended party may not take such appeal, but may only do so as to the civil aspect of the case. The private complainant has no legal personality to appeal or file a petition for certiorari to question the judgments or orders involving the criminal aspect of the case or the right to prosecute, unless made with the OSG's conformity. The private complainant must request the OSG's conformity within the reglementary period to appeal or file a petition for certiorari. The private complainant must attach the original copy of the OSG's conformity as proof in case the request is granted within the reglementary period. Otherwise, the private complainant must allege in the appeal or petition for certiorari the fact of pendency of the request. If the OSG denied the request for conformity, the Court shall dismiss the appeal or petition for certiorari for lack of legal personality of the private complainant.

06/01/2024

Preparing this review materials on Criminal Law, Jurisprudence, Evidence and Procedure, (collectively known as CLJ) for future RCrims👮💪🥰

CLJ weighs 20% in the Criminology Licensure Examination and consists of the following subjects:

CLJ1: Introduction to Philippine Criminal Justice System
CLJ2: Human Rights Education
CLJ3: Criminal Law Book 1
CLJ4: Criminal Law Book 2
CLJ5: Criminal Evidence
CLJ6: Criminal Procedure and Court Testimony

Sagot ka ni Atty. Pao sa CLJ, InshaAllah 💪😇🥰

02/01/2024

Gusto ko lng pong i-welcome ang ating new followers 🥰. Welcome po dito ang lahat, dahil ang page na ito para sa lahat☺️.

29/12/2023

Hello po, thank you and welcome po sa lahat ng mga nagfollow sa page na to🥰💜

29/08/2022

What Distinguishes Attempted or Frustrated Homicide from Physical Injuries?

To distinguish them, the first thing that we have to look is into the nature of the wound inflicted. Ascertain whether the wound is slight or mortal. Slight wound means the wound is not sufficient to cause death. Mortal wound on the other hand means the wound is sufficient to cause death. After we determined the the nature of the wound, we have to ascertain whether the infliction of the wound is with or without intent to kill. If the infliction of the wound is with intent to kill, then the crime committed is attempted homicide. On the other hand, if the infliction of the wound is without intent to kill, then the crime committed is slight or less serious physical injuries.

Now if the wound is mortal, same thing we have to ascertain whether the infliction of the wound is with or without intent to kill. If it is inflicted with intent to kill, then the crime committed is frustrated homicide. On the other hand, if it is inflicted without intent to kill, then the crime committed is serious physical injuries.

Now the question is, how can we ascertain intent to kill considering that intent is merely confined to the mind of the person? Intent to kill is ascertained by looking at the external action of the person. It can be determined by the nature of the weapon used or the manner the wound is inflicted. Example, if the accused shot the victim directly at the abdomen, he cannot claim that his intent is to inflict mere physical injuries. Shooting the person directly at the abdomen is reasonable to cause death.

That’s what distinguishes attempted/frustrated homicide from physical injuries.

23/07/2022

Abuse of rights

In Carpio vs. Valmonte, 2004, The Supreme Court pronounced that One is not allowed to exercise his right in a manner which would cause unnecessary prejudice to another or if he would thereby offend morals or good customs. Thus, a person should be protected only when he acts in the legitimate exercise of his right, that is when he acts with prudence and good faith; but not when he acts with negligence or abuse.

23/07/2022

Damnum Absque Injuria

Damum absque injuria means that the proper exercise of a lawful right cannot constitute a legal wrong for which action will lie, although the act may result in damage to another for no legal right has been invaded. When there is damnum absque injuria, the injured person alone bears the consequence (Rabuya, Citing Carbonell vs. MBTC, 2017).

22/07/2022

Burden of Proof vs. Burden of Evidence

Burden of proof simply means the duty of the affirmative to prove that which it alleges.

Burden of evidence refers to the duty of the party to present evidence sufficient to establish or rebut a fact in issue to establish a prima facie case.

Burden of proof or the “onus probandi” does not shift from one party to the other in a given case. But burden of evidence does, depending on the exigencies of the case (Bathan, 2020)

22/07/2022

"Nallum crimen nulla poena sine lege"

The maximum Nullum crimen nulla poena sine lege has its roots in history. It is in accordance with both centuries of civil law and common law tradition. Moreover, it is an indispensable corollary to a regime of liberty enshrined in our Constitution. It is of the essence then that while anti-social acts should be penalized, there must be a clear definition of the punishable offense as well as the penalty that may be imposed - a penalty, to repeat, that can be fixed by the legislative body, and the legislative body alone. So constitutionalism mandates, with its stress on jurisdictio rather than guvernaculum. The judiciary as the dispenser of justice through law must be aware of the limitation on its own power.
Concurring Opinion of CJ Fernando in the case of People vs. Cabural, G.R No. L-34105. February 4, 1983.

22/07/2022

21/07/2022

Complex Crime

Article 4 of the Revised Penal Code provides that:
When a single act constitute two or more grave or less grave felonies, or when an offense is necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same is to be applied in its maximum period.

It is compound crime if the single act constitute two or more grave or less grave felonies.
Example: Single act of pressing the trigger of the pistol that hit two persons.

Complex crime proper when the offense is necessary means to commit the other.
Example: Falsification of public document to commit the crime of estafa.

21/07/2022

21/07/2022

21/07/2022

Impossible crime is an act which would be an offense against person or property where it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means (Article 4, Revised Penal Code).