May a priest or a member of the ecclesiastics run for public office? The question finds relevance in the the constitutional provision which states The separation of Church and State shall be inviolable. The Catholic Church actually prohibits their priests from running for public office. Their Code of Canon […]
Monthly Archives: July 2021
One of the issues discussed in the case of Gina Gomez vs People (G.R. No. 216824, 20 November 2020, Full Text | Case Digest) was: May an accused who was already acquitted during trial be convicted on appeal without violating the rule against double jeopardy? Ordinarily, the answer […]
G.R. No. 248905 – Criminal Law – Book I – Criminal Liability; Degree of Participation – Principal vs Accomplice; Conspiracy Remedial Law – Evidence – Testimonial Evidence – Inconsistencies in the testimony of a witness; when not fatal to the case Criminal Law – Book II – Crimes Against […]
G.R. No. 106634 – 396 Phil. 784 – 342 SCRA 620 – Criminal Law – Book II – Crimes Against Persons – Rape – Unnatural Acts of an alleged victim of abduction and rape lead to an acquittal – Lack of Penile Penetration Estela Eng alleged that in January […]
G.R. No. 218575 – 819 Phil. 467 – 842 SCRA 165 – Remedial Law – Criminal Procedure – Rule 110 – Information – Designation of Offenses – Variance Doctrine – Acts of Lasciviousness; Sec. 5b of R.A. 7610 In 2006, Francisco Ursua was alleged to have raped his 14 […]
G.R. No. L-20216 and L-20217 – 21 SCRA 1119 – Criminal Law – Book II – Crimes Against Chastity – Acts of Lasciviousness – Elements; Lewd Design – No lewd design if committed in a public place In August 1960, Tiburcio Balbar went inside the classroom of teacher Ester […]
G.R. No. L-18202 – 10 SCRA 753 – Remedial Law – Criminal Procedure – Rule 110 – Prosecution of Offenses – Information for Acts of Lasciviousness Must Allege “Lewd Design” Sometime in the late 1950s, Percival Gilo was indicted for the crime of Acts of Lasciviousness. Trial proceeded but […]
G.R. No. 149199 – 444 Phil. 571 – 396 SCRA 506 – Remedial Law – Criminal Procedure – Rule 120 – Variance Doctrine – Lesser Offense Necessarily Included in the Charge In November 1998, Nemesio Bon was indicted for allegedly raping a minor child in 1997 in Caloocan City. […]
At first glance, the two designations look the same and seem interchangeable. But the Supreme Court in Fianza vs. People clarified the distinctions between the two. In “Lascivious conduct under Sec. 5b of R.A. No. 7610”, the offended party is a minor 12 to 17 years of age, while […]