The Criminal Law Jurist

04/11/2021

Students, may a person be liable for a crime for making on another? Is there such a as impossible ?

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May a person be liable for a crime for making pranks on another? Is there such a felony as impossible crime?

16/09/2021

Students, may a person be liable for a crime for making pranks on another? Is there such a felony as impossible crime?

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May a person be liable for a crime for making pranks on another? Is theresuch a felony as impossible crime?

27/08/2021

Students, there are crimes that are committed without criminal intent but the mere commission of the act constituting such crimes is punishable. Even if the person does not know that there is a law that penalizes such act, he will still be liable for ignorance of the law will not excuse him.

It is imperative therefore that a person should know what acts are criminal although these acts are not evil per se.

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There are crimes that are committed without criminal intent but the mere commission of the act constituting such crimes is punishable. Even if the person doe...

07/08/2021

Special bar review with students of PUP Criminal Law.

03/08/2021

Students, on this episode will discuss the difference between intending to commit a crime on one hand, and on the other, committing a crime without intending to do so but merely because a person was not careful in acting or conducting his affairs.

There are also instances when a person has committed an act which normally would be a crime, but a court of equity has pronounced to be not a crime.

Watch it here..

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This episode will discuss the difference between intendingto commit a crime on one hand, and on the other, committing a crimewithout intending to do so but m...

17/06/2021

Crimes committed abroad by public officials must be related to their official function for them to be prosecuted in the Philippines. Otherwise, they cannot be tried here because penal law is Territorial in character.

How does this apply to the Philippine ambassador inflicting physical injuries to another person in a foreign soil?

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Crimes committed abroad by public officials must be related to their official function for them to be prosecuted in the Philippines. Otherwise, they cannot b...

05/06/2021

Live Zoom meeting with Criminal Law bar reviewees of University of Cordilleras with Rex Publications.

23/05/2021

Work in progress.

20/05/2021

15/05/2021

When a crime is committed abroad by a Filipino, when will our courts assume jurisdiction as exception to the Territoriality principle?

Students, there are five instances as will be discussed here.

When a crime is committed abroad by a Filipino, when will our courts assume jurisdiction as exception to the Territoriality principle? There are five instanc...

05/05/2021

Former Fraud Audit Director, Atty. Boado receiving her 2020 award in Fraud Audit Investigation Office in Commission On Audit as the “Most Productive Retiree” last May 2020.

26/04/2021

Students, there are crimes committed here that cannot be prosecuted in our courts, and there are crimes committed abroad that can be tried here.

What are these and what are the legal grounds for the distinct treatment of these crimes? We will find the answer from these principles - Territoriality; laws and treaties of preferential application and the incorporation clause under the Constitution.

There are crimes committed here that cannot be prosecuted in our courts, and there are crimes committed abroad that can be tried here. What are these and wha...

19/04/2021

Students, clearly, the application of the said philosophies affects the defense or prosecution of accused, the penalty imposed, and whether they will be convicted or acquitted, jailed or just fined.

Back to the question, was the ex*****on of the drug lord in full view of the people of the Philippines deterrent to drug-related crimes? Did the ex*****on of Echegaray stop the proliferation of r**e and other sexual crimes? Current events give the answer.

We are now done with the preliminaries. We will start the discussion of the penal law, beginning with Article 2 of the RPC.

Remember the Philippine ambassador who mistreated her domestic helper who is also a Filipino? What crime has she committed if any? Is her act triable in the Philippines although they were committed in foreign land?

Let’s discuss in the next episode.

Clearly, the application of the said philosophies affects the defense orprosecution of accused, the penalty imposed, and whether they will beconvicted or acq...

05/04/2021

Students, we have different kinds of crimes in this jurisdiction depending upon the law punishing the act, the body enacting the law, and whether the act is merely prohibited for some reason, or it is evil by nature.

There are crimes committed without criminal intent. And there are instances where a single act may result in several crimes.

In such instances, the prosecutor should determine what case to file first or whether to file all the charges in one charge sheet. Error in the choice can spell the difference between conviction and acquittal in case of an act with multiple results.

Intriguing? Then, let’s listen carefully.

We have different kinds of crimes in this jurisdiction depending upon the law punishing the act, the body enacting the law, and whether the act is merely pr...

26/03/2021

Students, the Philippine penal laws follow three characteristics for their enforcement. These characteristics pertain to the persons covered, time of effectivity of the laws, and places where the crime should be committed so that our penal laws will be enforced.

There are crimes committed in the Philippines that cannot be prosecuted here; there are crimes committed abroad that can be prosecuted here. What are those? What about Philippine ambassadors who commit a criminal act abroad?

Let’s hear the answers in this episode.

The Philippine penal laws follow three characteristics for their enforcement. These characteristics pertain to the persons covered, time of effectivity of t...

19/03/2021

Students, Ex post facto law and bill of attainder are expressly prohibited by the Constitution. Because ex post facto law violate the right to due process since the citizens are punished for acts committed while these are yet legal, and the prospectivity principle whereby laws shall take effect only after the citizens have been given notice of its effectivity.

On the other hand, bill of attainder violates the rule of separation of powers among the three branches of government for Congress thereby usurps the power of the judiciary, and the due process clause for the citizens are deprived of the right to notice and hearing before an independent and competent court.

Ex post facto law and bill of attainder are expressly prohibited by the Constitution. Because ex post facto law violate the right to due process since the c...

12/03/2021

Students, when is a punishment cruel and inhuman? And when is it dura lex sed lex (the law is harsh, but that is the law)? Between the two, prohibiting cruel penalty is a constitutional guarantee, whereas allowing enforcement of a harsh law because it is the law is a doctrine. How will the court decide which to apply in a given case? Let’s find out in this episode.

When is a punishment cruel and inhuman? And when is it dura lex sed lex (the law is harsh, but that is the law)? Between the two, prohibiting cruel penalty i...

09/03/2021

Students, our episode 1 part 2 is already uploaded. The equal protection of the law guarantees to citizens that penal law shall be applied equally to all persons similarly situated. Therefore, if they are not similarly situated, the guarantee shall not apply. That is why there are laws that are meant to favor one class of society lack R.A. 7610 which penalizes abuse of minors; R.A. 9262 which protects women and children from abusive husbands, fathers and partners, among other laws. In the next episode, the last three limitations will be discussed.

The equal protection of the law guarantees to citizens that penal law shall be applied equally to all persons similarly situated. Therefore, if they are not ...

02/03/2021

Students, here's our first episode: Limitation on Penal Laws Part 1.

The Constitution is the fundamental law. It contains broad guidelines on how governmental powers must be exercised and grants the citizens the basic rights that government must respect. There is always a clash between the government’s exercise of its powers and the citizen’s rights. Thus, in the field of penal laws, certain limitations are imposed. Foremost is the due process of law clause. Violation of this right render the penal law and its enforcement invalid.

23/02/2021

The Criminal Law Jurist is conceptualized because of the difficulty of having in-person learning. Everything has been put on hold. Meanwhile, law students and bar candidates are struggling in their studies. They need a reliable source of materials in their study of law.

The term “jurist” means expert and this educator is just that - having been a professor and author of the subject.
An educator’s passion is to teach.

Pandemic must not and will not prevent this educator to fulfill that passion.

This channel will cater to all levels of studies in criminal law - basic, intermediate and review classes. Even the general public just wanting to gain knowledge about criminal law in the Philippines are envisioned to benefit in the episodes forthcoming.

https://youtu.be/gxQYf04aMzU

The Criminal Law Jurist is conceptualized because of the difficulty of having in-person learning. Everything has been put on hold. Meanwhile, law students an...