isLAW⚖️ 곰돌이 2023 Profile picture
May 20 4 tweets 2 min read Twitter logo Read on Twitter
CRIMINAL LAW
ABERRATIO ICTUS – If the crimes committed against the target victim and third person, who was hit by reason of aberratio ictus, were produced by a single act, the accused is liable for a complex crime.

#IncrediBar2023 #HernandoBar2023 #HernanDoIt
1/4
Exceptions: accused is liable for separate crimes despite the application of the aberratio ictus rule, and not a complex crime:
a. Bullet that killed the target victim is different from the bullet that killed the third person

2/4
b. Crime committed against the third person is merely a light felony such as slight physical injuries
c. Components of a complex crime are alleged in 2 different information

3/4
d. Crime committed against the third person is child abuse, which is an offense punishable under special law components of complex crime must be felonies.

4/4

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More from @lex_do_this

May 21
CRIMINAL LAW Chair’s Cases (thread)
•People v. Constantino GR 251636 (2022) – the test to determine when the act is mala in se and not malum prohibitum is whether it is inherently immoral or the vileness of the penalized act;

#IncrediBar2023 #HernanDoIt #HernandoBar2023
·Chua v. SOJ GR 214960 (2022)- trust receipts law is malum prohibitum; mere failure of petitioners to turn over the proceeds of the sale of goods, or to return the good themselves if not sold under the trust receipts that were not novated, constitutes the gravamen of the offense.
·People v. Villegas, Jr GR 218210 (2019) - rape with homicide is a special complex crime or "two or more crimes that the law treats as a single indivisible and unique offense for being the product of a single criminal impulse."
Read 13 tweets
May 12
CRIMINAL LAW
Obstruction of justice – any person who willfully obstructs, impedes, frustrates or delays the apprehension of suspects or the investigation or prosecution of criminal cases, or intrudes in a crime scene and may be typically committed under the following:

1/10
a) Preventing witnesses from testifying in any criminal investigation proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats;

2/10
b) Altering, erasing, destroying, suppressing or concealing any paper, record, document, or object, traces or prints, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence;

3/10
Read 10 tweets
May 8
REMEDIAL LAW
Factual-issue-bar Rule - Petition for review under Rule 45 is discretionary. It may only be availed if the appeal is on pure question of law. Thus, question of fact is not allowed to be raised because the Supreme Court is not a trier of facts. #IncrediBar2023
Instances when Supreme Court may pass upon questions of fact:
—-Conclusions of CA is grounded entirely on speculations, surmises and conjectures
—-Inference is manifestly mistaken
—-There is grave abuse of discretion
—-Judgment is based on misapprehension of facts

— 1 of 3
-Findings of facts are conflicting
—-CA went beyond the issues of the case or its judgment is contrary to the admission of the parties
-Findings of CA is contrary to lower court
—-Finding of fact are conclusion without basis in evidence
—
2 of 3
Read 4 tweets
May 4
Chair’s Cases on Legal and Judicial Ethics (a thread)

· Turla v. Caringal AC 11641 (2019) – Falsehood in MCLE Compliance (Rule 1.1 of Canon 1, Rule 10.1 of Canon 10, Canon 17, Canon 18)

#incrediBar2023 #HernandoBar2023 #HernanDoIt
· Francia v. Sagario AC 10938 (2019) – Non-filing despite receipt of legal fees from client; highly fiduciary nature of an attorney-client relationship (Rules 16.01 and 16.03 of Canon 16, Canon 17, and Rule 18.03 of Canon 18)
· Petelo v Rivera AC10408 (2019) – unauthorized practice of law (Rule 1.01, Canon 1, Rule 9.01 of Canon 9, and Rule 10.01, Canon 10)
Read 18 tweets
May 4
Chair’s cases (Rem)
· Ramirez v. Elomina GR 202661 (2021) - MR was filed out of time; appeal is merely a statutory privilege
· Radaza v. Sandiganbayan GR 201380 (2021) – deficiency remains formal, non-jurisdictional, and curable at any stage of the criminal proceedings
· PNB-Republic Bank v. Sian-Limsiaco GR 196323 (2021) – cancellation of mortgage is a personal action; no transfer or disposition of real property rights; mortgagor is a real party-in-interest in a representative capacity #incrediBar2023 #HernandoBar2023 #hernanDoIt
· Pineda v. Miranda GR 204997 (2021) – revival of judgment is different and distinct from the original judgment, cause of action is the decision itself and not the merits of the action
Read 20 tweets

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