Wednesday, March 30, 2011

Rights of the accused

ART. III, Sec. 14
“No person shall be held to answer for a criminal offense without due process of law.
“In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard  by himself and counsel, to be informed of the nature and cause of  the accusation against him, to have a speedy, impartial, and public trial, to meet the witness face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.  However, after arraignment, trial may proceed, notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.”

Sec. 14, Par. 1 - reiterates the due process clause in Sec. 1, Art. III. This is an emphasis of the due process in criminal cases.

All persons charged criminally are presumed innocent unless proven otherwise by proof beyond reasonable doubt. 

Regardless of the strength of the defenses, the presumption of innocence will always be in the favor of the accused.  There is  a principle in Evidence which says that the prosecution must rely on the strength of its own evidence and not on the weakness of the defense.

Proof beyond reasonable doubt to rebut the presumption of innocence does not mean absolute certainty, but simply moral certainty.  If the judge is convinced after weighing both sides of the controversy and he is morally certain that the accused is guilty, then he should be convicted. 
But if there remains a moral question/doubt, and the doubt is reasonable, the judge must acquit the accused, not because he is not guilty but because he is presumed innocent.

This is the reason why some cases were acquitted and people  got so angry to our judicial system...

Thursday, March 24, 2011

To the society, to the legal profession, to the courts and to the clients

A bar passer can only be completely declared as a lawyer after taking his oath and signing the roll.
In the oath, a lawyer pledge to maintain allegiance to the Republic of the Philippines, support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities. Another promise is not to delay any case for money or malice…with good fidelity to the courts, to the clients without mental reservation…

It is to emphasize that a lawyer has the duty to the society, to the legal profession, to the courts and to his client.
Lawyer must be reminded that in the exercise of his vocation, it is not only his client's interest is important but more to the society as well as to the courts….to say that lawyers must at all times uphold and respect the law…is to state the obvious..

Law is a noble profession, and the privilege to practice it is bestowed only upon individuals who are competent intellectually, academically and equally important, morally. Because they are vanguards of the law, and the legal system, lawyers must at all times conduct themselves, especially in their dealings with their clients, and the public at large, with honesty and integrity in a manner beyond reproach (Victoriano O. Resurreccion vs. Atty. Ciriaco Sayson)

Therefore, in defending a client during senate investigation (in aid of legislation), the lawyer’s duty to the society, to the legal profession and to the courts must prevail against the interest of his clients…Lawyers should not always advise the client to always invoke his right against self-incrimination and the right of privacy, much more if the question being asked is just to get information in aid of legislation…such right should not be literally abused…the practice of law is only a privilege…  

Monday, March 14, 2011

Sample Multiple Choice Questions in Criminal Law

Note: the underlined words or phrase is the right answer.
1. Rape is carnal knowledge with the use of a. intrigue   b. force and intimidation   c. moral ascendancy d. deceit
2. A complex penalty is a penalty prescribed by law composed of three distinct penalties, each forming a period. If the crime is punishable by prision mayor to death, the minimum penalty is   a. Prision mayor since it is the lowest   b. Prision mayor and reclusion temporal   c. Reclusion temporal only   d. Reclusion perpetua
3. Three are three classes of crimes, namely: intentional and culpable which are punishable under the RPC, as amended and the third by special laws. When the crime is punishable by special laws;   a. intent is not necessary b. dolo is required   c. intent to commit and perpetuate is required   d. The prohibited act is done freely and consciously.
4. What is the effect when a qualifying aggravating circumstance is not alleged in t he information?
   a. The qualifying aggravating circumstance which is not alleged in the information shall be treated as a generic aggravating circumstance.   b. The qualifying circumstance could be proved neither as qualifying aggravating nor as generic aggravating circumstance.   c. The qualifying circumstance may be proved during the trial if the same is not objected to by the counsel for the accused.   d. The qualifying circumstance which is not alleged in the information will not be taken as a generic aggravating circumstance if not proved beyond reasonable doubt.

Wednesday, March 9, 2011

The three branches in the Philippine Government

In the country like the Philippines, there are three major branches. The Judiciary, the Legislative and the Executive. The functions of these three branches were properly enbodied in the constitution. They have their individual distinct function equally important and needed by our government.     

Like in the Judiciary, they have the mandate to check the constitutionality of any law passed by the Legislative and upon approval by the Executive. The Legislative is also task to make laws and the Executive to approve it or to veto it. There were also decisions from the Juciary which were repealed by the Executive in the form of pardon. This is the so-called check and balance.

People should trust these three branches. The people working in these branches of government should also perform their duties without malice.  They have the mandate to do or perform the right things and should act in accordance to their functions. Failure to perform an act in which they are expected to perform, no matter what. is also an offense. This is the so-called "non-feasance".       

Thursday, March 3, 2011

It is wise to prepare oneself as early as now...

Yes, as an opinion, it is always right to be always prepared. Don't allow yourself to be caught off-guarded. What I am referring to is the time when you will die. Besides of the spiritual preparation which is the most important, by accepting God as your personal Lord and Saviour, it is smartly decided also to prepare oneself, i.e. your burial services and lot (place of burial). The family that you will be left behind will not anymore undergo the common problem of burial hassles and finding your resting place.

I can recommend to you the "ST. PETER" (Life plan.Chapels). By paying only P650 or P950 or P2,090  monthly (chosen by you), you can assured already of your memorial service package and guarantees money back during your lifetime. The contact price will be returned to you in the amount equivalent to 20% of the contract price which shall be paid each year beginning at the end of the 16th until the end of the 20th year while you are living. You can pay monthly, quarterly, semi-annual and annual modes of payment. No medical examination required. It is transferability and can be assigned to any deceased person. They have also the so-called VALUE ADDED BENEFITS (for insurable persons between 18-60 years). 1. Additional cash benefit 2. Accidental death and dismemberment 3. Waiver of installment 4. Unpaid balance deemed paid. The services guaranteed by more than 250 St. Peter Chapels nationwide.

"Bawat Pamilya Dapat May St. Peter Life Plan" 
If you are interested, contact:  Vir Romuga on his cellular phone no. 0927-9819830  

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