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Showing posts with the label criminal law

Crim Rev: Fundamental Principles of Criminal Law

FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW  The constitutionality of Sections 4 and 7 of Republic Act No. 8249, an act which further defines the jurisdiction of the Sandiganbayan, is being challenged for its retroactive application. Petitioner Panfilo Lacson, joined by petitioners intervenors Romeo Acop and Francisco Zubia, Jr., also seeks to prevent the Sandiganbayan from proceedings with the trial of Criminal Cases Nos. 23047-23057 (for multiple murder) against them on the ground of lack of jurisdiction. Is Republic Act No. 8249 a penal law? No, Republic Act No. 8249 is not a penal law. Republic Act No. 8249 is a substantive law on jurisdiction which is not penal in character. Criminal law is a branch of public law which defines crimes, treats their nature, and provides for their punishment. Republic Act No. 8249 is a procedural statute. Since Republic Act No. 8249 is not a penal law, its retroactive application cannot be challenged as unconstitutional. Congress passed a law reviving...

Case Digest: People vs. Galam, G.R. No. 224222, October 09, 2019

  People vs. Galam G.R. No. 224222, October 09, 2019 Lazaro-Javier, J. Criminal Law, Murder Dante Galam and Lito Galam were charged with the murder of Eusebio Antolin.  Mario and Mary Jane Antolin, children of the victim Eusebio Antolin, testified that on January 15, 2000, around 7 o'clock in the evening, they were eating dinner together in their home when they heard their father arguing with someone outside. Mario focused his flashlight outside to find out what was going on. He and Mary Jane saw their father and appellants Dante Galam and Lito Galam arguing. They heard Lito threatening their father "Papatayin ka namin!," and Dante cursing "Putang-ina mo!"Then they saw Lito pointing a gun to their father who reacted "Sige, iputok mo!" As if acting on cue, Lito right then instantly pulled the trigger and shot Eusebio in the chest. Eusebio's other son Bartolome Antolin testified that two (2) days before his father got shot, appellants invited his fa...