Bigamy

any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. (Article 349 RPC) when a person contracts a second or subsequent marriage: while the previous marriage of […]

Conspiracy

as defined in Article 8 of the Revised Penal Code: Agreed and decided to commit. Conspiracy exists when two or more persons come to an agreement concern the commission of a felony and decide to commit it. as defined in People v Akiran: Concurred and affirmed. If someone fully concurred in the criminal resolution and affirmed their […]

Circumstantial Evidence

Circumstantial evidence is defined as that evidence that “indirectly proves a fact in issue through an inference which the fact-finder draws from the evidence established. Resort thereto is essential when the lack of direct testimony would result in setting a felon free. (People v. Matito) Circumstantial Evidence is sanctioned by Rule 133, Section 5 of […]

Capital Gains Tax

Capital Gains Tax meaning – a final tax assessed on the presumed gain derived by citizens and resident aliens, as well as estates and trusts, from the sale or exchange of real property.1 Only natural persons or individuals are liable to the final capital gains tax but corporations are liable for ordinary income tax under […]

Mala in se and Mala Prohibita

Mala in se Mala in se – are wrongful acts that have a certain degree or character of evilness. To prove mala in se, bad faith on the part of the offender must be proven. The absence of bad faith or dolo can be a defense. Mala in see crimes are punishable under both RPC […]

Personal Property and Theft (RPC)

Laurel v. Abrogar “Personal property” under the Revised Penal Code must be considered in tandem with the word “take” in the law. The statutory definition of “taking” and movable property indicates that, clearly, not all personal properties may be the proper subjects of theft. The general rule is that only movable properties which have physical […]

Police Power

Police Power – the power vested in legislature by the Constitution, to make, ordain, and establish  all manner of wholesome and reasonable laws, statutes, and  ordinances, either with penalties or without, not repugnant to  the Constitution, as they shall judge to be for the good and  welfare of the Commonwealth, and of the subjects of the  same.” – Page 54 of http://sc.judiciary.gov.ph/8986/