...INTRODUCTION [1]Estafa also known as swindling is a crime committed by any person who shall defraud another by any of the means mentioned in the Revised Penal Code (RPC). Article 315 of the Revised Penal Code of the Philippines enumerates the crime constituting estafa. Estafa is a criminal case that is punishable under the Revised Penal Code and is also classified as a crime against property under the same code. As to its nature, Estafa is a crime which is mala in se. [2]Mala in se as defined as those so serious in their effects in the society as to call for almost unanimous condemnation of its member as distinguished to Mala prohibita which are crimes in violation of mere rules of convenience designed to secure a more orderly regulation of affairs of society. The following constitute the crime of estafa: [3]“1. With unfaithfulness or abuse of confidence, namely: a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration. b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received...
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...Prof Ed 12 Relevant Laws for Teachers . Submitted to: Professor Rodrigo Duque Submitted by: Abbie Irish M. Mendoza III-2 BECEd G.R. No. L-39275 December 20, 1933 THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellant, vs. RICARDO MENDOZA, Defendant-Appellee. In criminal case No. 4851 of the Court of First Instance of Pampanga, the provincial fiscal thereof filed an information against the herein appellee, which reads as follows: The undersigned provincial fiscal accuses Ricardo Mendoza of the crime of assault upon a person in authority committed as follows:chanrobles virtual law library That on or about September 30,1932, in the municipality of San Fernando, Province of Pampanga, Philippine Islands, the said accused, Ricardo Mendoza, being a pupil of the teacher Iluminada Tinio, did then and there willfully, unlawfully and criminally attack and lay hands upon her person, to wit: slapped said Iluminada Tinio on one of her cheeks, while she was engaged in the performance of her duties as such teacher and while she was within the premises of the high school building exercising the functions inherent in such capacity. Upon motion of the appellee, as accused in the aforesaid case, the trial court dismissed the information on the ground that the facts alleged therein did not constitute a crime but simply a misdemeanor or light felony. The present appeal was taken by the fiscal for the purpose of setting aside the order of dismissal in question...
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...COPIED FROM CERTAIN REFERENCES. The elements of estafa with abuse of confidence under this provision are as follows: 1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same; 2. That there be misappropriation or conversion of such money or property by the offender; or denial on his part of such receipt; 3. That such misappropriation or conversion or denial is to the prejudice of another; and 4. That there is a demand made by the offended party to the offender.15 Article 315, paragraph 1(b) of the Revised Penal Code reads: ART. 315. Swindling (estafa). – Any person who shall defraud another by any of the means mentioned herein below shall be punished by: … 1. With unfaithfulness or abuse of confidence, namely: … (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property. The elements of estafa with abuse of confidence are as follows: a) that money, goods or other personal property is received by the offender in trust, or on commission, or for administration...
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...misconceptions. These standards of conduct are highly essential and therefore strict adherence is recommended. These ethics drive the practitioners to instill self-discipline, professional attitude and sense of responsibility among 1 themselves as they are guided on how to deal with day-to-day situations involving ethical dilemmas. Here in the Philippines, there have been a lot of reported cases of libel suits. No matter how hard practitioners of mass communication try to keep up with moral responsibilities, others could not fight the urge to defy the odds. There are instances wherein some reporters and journalists abuse the privilege given to them through irresponsible reporting and writing. Thus, under Act No. 3815 or the Revised Penal Code, the offenders shall be subject to...
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...Obscenity Anything that is indecent or offensive or contrary to the good customs or religious beliefs, principles or doctrines, or tends to corrupt of deprave the human mind, or is calculated to excite impure thoughts or arouse prurient interest, or violates the proprieties of language and human behavior, regardless of the motive of the producer, printer, publisher, writer, importer, seller, distributor or exhibitor. Laws and Regulations on Obscenity Revised Penal Code Obscenity is defined as a crime against public morals. In particular, it is an offense against democracy and good customs. Book Two, Title Six, Chapter Two, Article 201 of the RPC deals with Obscenity. It has been amended in 1976 by two Marcos Presidential Decrees which have so far not been repealed. It provides: Art. 201. Immoral doctrines, obscene publication and exhibitions, and indecent shows. - The penalty of imprison mayor or a fine ranging 6,000 to 12,000 pesos, or both shall imprisonment and fine, shall be imposed upon. 1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals. 2. (a) The author of obscene literature, published with their knowledge in any form; the editors publishing such literature , and the owners / operators of the establishment selling the same; (b) Those who, in the theaters, fairs, cinematographs, or any other public place, exhibit indecent or immoral plays, scenes, acts or shows whether live or film. 3. Those who shall...
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...Even though the term rape has has been revised countless times and is still in debate today. It is in general defined as to force someone to engage in sexual intercourse by using threats or violence. More specifically and legally the definition of rape can be defined as “the commission of unlawful sexual intercourse or unlawful sexual intrusion.” Not only is it’s definition ever changing but it also varies from state to state. This of course causes some problems in the grey areas as to what constitutes as rape. Most states have decided to label rape as sexual assault and sexual assault is split up into categories known as degrees. Defined by the California penal code (261) rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the listed circumstances. When a person is not capable of giving legal consent due to a mental disorder, developmental disability, or a physical disability. And when sexual intercourse is accomplished against someone's will by force, violence, duress, menace, or fear of bodily damage on the person or another....
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...knowledge and skills to medico- legal issues, in order to assist the trier of facts in the proper dispensation of justice. Courts routinely call upon physicians to give expert testimony in a trial, especially concerning the findings of an autopsy and the results of laboratory tests. He is deemed an expert witness for which he is allowed to express an opinion about the validity of the evidence in a case and may quote the statements of other experts in support of an opinion. The evidence to be presented by the legal medicine expert must signify a relation between the facts and proposition to be established. 2. A.) What is the importance of determining the kinds of physical injuries as defined under the Revised Penal Code in the filing of a case? Under the Revised Penal Code, Articles 262- the Article on mutilation to...
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...contraception (aged 15-49, 1988): 31 Total fertility rate (1995-2000): 3.2 Age-specific fertility rate (per 1,000 women aged 15-19, 1995-2000): 25 Government has expressed particular concern about: Morbidity and mortality resulting from induced abortion Yes Complications of childbearing and childbirth Yes Maternal mortality ratio (per 100,000 live births, 1990): National 80 South-eastern Asia 440 Female life expectancy at birth (1995-2000): 74.3 Under the former language of section 312 of the Penal Code of Malaysia, which was in effect until 1989, the only legal basis for the performance of an abortion was to save the life of the pregnant woman. In April 1989, however, section 312 of Act 727 of the Penal Code was amended...
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...AVELINO FOXTROT COMPANY Republic Act No. 7610 AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES ARTICLE I Title, Policy, Principles and Definitions of Terms Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act." Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same.1awphi1@alf It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. The best interests of children shall be the paramount...
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...Saturday, June 16, 2007 Concubinage Meaning: Commonly refers to a relationship between a man (usually of higher social status) and a woman, where the man has an “official” wife, and possibly more than one concubine. Concubines had limited rights though any children are acknowledged, though their status is second to that of children born unto the “official” wife. Concubinage was usually an “exclusive” arrangement between two parties. Biblical: With the tolerance of polygamy, a concubine was only defined in terms of her disparity in position or rank with the principal wife. A legitimate spouse, of an inferior social grade or a bondwoman, is often given the appellation of concubine. This term did not invalidate her marriage, it did, however, indicate that she was not equal to her husband in rank, nor did she share in her husband’s property or in the administration of his household. From Genesis 21:9-14, we see that the dismissal of a concubine and of her children was permissible. Ancient Greece: Concubines were permitted in ancient Greece and their children were legitimate if recognized by their fathers. Roman Empire: A concubine was recognized by law in the absence of a legal wife. She was usually from a lower social rank than her husband, and her children, though not considered the equals of those of the legal wife (uxor) were nevertheless termed natural (naturales) to distinguish them from spurious offsprings (spurii). The father of these children was required...
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...asserted in the Malolos Constitution (approved on January 20, 1899) as "right to freelyexpress his ideas or opinions, orally or in writing, through the use of the press and other similar means", this fight for freedom has transcended through various epochs of Philippine history; carried on from one charter change to another; and pulled through every rise and fall of one administration to the next. However, laws governing the practice of mass media in the Philippines does not solely rest on the present Constitution; they are also contained in the numerous issuances of the Courts and the Philippine legislature. More specifically, other sources of laws affecting Philippine mass media in general are: a. Revised Penal Code (national security, libel and obscenity); b. Civil Code (privacy in private law); c. Rules of Court (fair administration of justice and contempt); and d. Presidential Decrees (obscenity) Section 24, Article II, 1987 Philippine Constitution. "The Declaration of Principles and StatePolicies" The state...
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...being Reyes as the creditor and Eleazar as the debtor with no collateral but with a higher interest amounting to P216.053,126.80 for the construction of Condominium and Gold Business Park of Eleazar. In return, Eleazar issued 21 postdated checks to cover payments of the loan packages. However, when those checks were presented for payment, the same were dishonored by the drawee bank, Rizal Commercial Banking Corporation (RCBC), due to stop payment order made by Graciela Eleazar. Despite Eurotrust's notices and repeated demands to pay, Eleazar failed to make good the dishonored checks, prompting Reyes to file against her several criminal complaints for violation of B.P. 22 and estafa under Article 315, 4th paragraph, No. 2 (d) of the Revised Penal Code. Meanwhile, respondent AFP-MBAI which invested its funds with Eurotrust, by buying from it government securities, conducted its own investigation and found that after Eurotrust delivered...
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...Week 3 Team Assignment Rashad Murray, Shannon Oregero, Barbara Mckinney, Scott Huepenbecker CJA/354 August 17, 2014 Ann Perry In the case presented before you we are the prosecuting team and are pursuing charges on behalf of the state of South Carolina for the following offenses: Homicide, Kidnapping, Assault on law enforcement, Burglary, possession of controlled substance. We the prosecuting team feels strongly about these charges based on all of the evidence in which was collected from the victim’s residence as well as the defendant’s residence. We will provide you with the information from a variety of different states to show the variance of charges that can be brought upon an offender. There are four states represented here whereby are found, South Carolina, Minnesota, Texas, and Maine. Each state provides a different perspective, but the most effective in our opinion is South Carolina. Laws for each Charge Homicide Homicide is considered, “The killing of one human being by the act, procurement, or omission of another human being” (Schmalleger, Hall, & Dolatowski, 2010, pg. 192). The victim was last seen at 5:10pm when leaving work. She was found at 7:45 the following morning with 13 stab wounds causing her death at about 11:45 on October 18th. DNA of the suspect was found under her fingernails, indicating that she struggled with Mr. Dents. Mr. Dents was seen by two witnesses going into her apartment before she arrived home, with traces of the victims’ blood...
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... to effective law enforcement due to societies’ attempt to over-criminalize? Due to excessive dependency upon the criminal law for curing the illegal issues has posed a challenge for the administration of the criminal justice system. We can of course enforce law to solve all the prevailing criminal issue within the society. It is important to provide social services, to enforce morals and avoid legal restraints on law enforcement so as to prevent the moral offenses in the society. However, it has been found that, the American Criminal Law has revised its law versions in order to extend the criminal sanctions. These sanctions go well beyond the basic offenses. The law seems to be revised in such a way so as to protect the criminals rather than protecting the society. The consequences seem to be quite adverse. It has been noted that, after revising the California Criminal Law, the number of crimes increased outside the Penal Code. The author has even provided examples to support his rational argument in the paper. There have been certain State Laws that seem to be discouraging several conducts. They are not only wasteful but also turn out costly. There have been issues of abortion, sexual offenses, juvenile conducts and many more that could harm the society in many ways. The lives of the people are at risk and hence, it is important for the court of law to take not only strict actions but also to implement laws that will protect the lives and property of the people. • What...
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...People vs Hernandez Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie! People vs Hernandez G.R. No. L-6025 May 30, 1964 Facts: This is the appeal prosecuted by the defendants from the judgment rendered by the Court of First Instance of Manila, Hon. Agustin P. Montesa, presiding, in its Criminal Case No. 15841, People vs. Amado V. Hernandez, et al., and Criminal Case No. 15479, People vs. Bayani Espiritu, et al. In Criminal Case No. 15841 (G.R. No. L-6026) the charge is for Rebellion with Multiple Murder, Arsons and Robberies. The appellants are Amado V. Hernandez, Juan J. Cruz, Genaro de la Cruz, Amado Racanday, Fermin Rodillas and Julian Lumanog; Aquilino Bunsol, Adriano Samson and Andres Baisa, Jr. were among those sentenced in the judgment appealed from, but they have withdrawn their appeal. In Criminal Case No. 15479 (G.R. No. L-6026) the charge is for rebellion with murders, arsons and kidnappings. The accused are Bayani Espiritu Teopista Valerio and Andres Balsa, Jr.; they all appealed but Andres Balsa, Jr. withdrew his appeal. A joint trial of both cases was held, after which the court rendered the decision subject of the present appeals. Issue: Whether or not the defendants-appelants are liable for the crime of conspiracy and proposal to commit rebellion or insurrection under Art. 136 of the RPC? Held: The court found defendants-appellants Hernandez, member of the Communist Party...
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