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legal matters 101 esp criminal cases

Tr3C3

Tr3C3

Super Veteran
Revised Penal Code Article 69 – Penalty to be imposed when the crime committed is not wholly excusable. A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking.



Naku naku nahilo na ang bagong lasing.. dapat uminom para magising hahaha Hindi ko maarok, NOSEBLEED ako Fiscal hahaha :D

So ibig sabihin pala if sniping_area has YELLOW RIBBON tag or in any instance of Temporary Insanity in which if, and only if, the behavior is proven by a licensed psychiatrist can be acquitted to such act? (Which in this case, they are inside the property of sniping_area.. or would it even apply in a neutral ground?) :eek:
 
latebloomer

latebloomer

Super Veteran
di pa kilala sa jurisprudence natin ang temporary insanity
presumption is a person of sound mind kaya kelangn ng trial to determine sanity or insanity

if on neutral ground case to case basis
subaybayan nyu na lang yun caso ni tulfo vs raymart
sa palgay nu pwede kayang iput up nina raymart yun self defense or defense of relative
malabo kaya ginagawa nila nagkakacountercharge
sabi nga the best defense is offense kaya sa halip na manalag lang sila sa habla ni tulfo
kung anu-anu na lang kaso na lang ifinafile nilame basis man o wala bahala na fiskal to determine
eg. child abuse kasi natrauma daw yun anak nila sa insidente, threats dahilsa broadcast ng tulfo bros
walang natutuwa kung di mga abogado pagdami kaso e pagdami moolah
 
Tr3C3

Tr3C3

Super Veteran
latebloomer said:
di pa kilala sa jurisprudence natin ang temporary insanity
presumption is a person of sound mind kaya kelangn ng trial to determine sanity or insanity

if on neutral ground case to case basis
subaybayan nyu na lang yun caso ni tulfo vs raymart
sa palgay nu pwede kayang iput up nina raymart yun self defense or defense of relative
malabo kaya ginagawa nila nagkakacountercharge
sabi nga the best defense is offense kaya sa halip na manalag lang sila sa habla ni tulfo
kung anu-anu na lang kaso na lang ifinafile nila me basis man o wala bahala na fiskal to determine
eg. child abuse kasi natrauma daw yun anak nila sa insidente, threats dahilsa broadcast ng tulfo bros
walang natutuwa kung di mga abogado pagdami kaso e pagdami moolah
Click to expand...
Ayown! so strategy pala yung pagfile ng mga multiple countercharge cases.. kaya pala pag artista na ang naghabla eh kung ano ano na ang mga pinagfa-file.. tsk tsk.. well its good for the pocket of the lawyers hehehe para pala mapatagal ang kaso at the same time siguro to buy some time just in case they need to flee the country or for amicable settlement..or whoever runs out of money first to pursue the case (not sure pero parang yun ang mga scenarios na possible mangyari) Strategy din nila Annabelle Rama at other Rogue Celebs hehehe (maSHOWBIZ! hahaha) Thanks Fiscal! We're learning Legal Matters hehehe :thumbsup::thumbsup::thumbsup:
 
mhektheone

mhektheone

Super Veteran
Justifying Circumstances

Justifying circumstances are instances where a person has no criminal and civil liability. For a justifying circumstance to be accepted, it must be pleaded and proven in court. Philippine courts are passive bodies and only act on the information is given them. The justifying circumstances are:

1.) Self-defense

This includes defense of your property and rights. For a valid plea of self-defense, you must prove that you did not provoke your assailant into attacking you, that there was actual or imminent aggression (a threatening attitude won't do,) and the means todefend yourself were reasonably necessary. Regarding the third requisite, "reasonable necessity" means your self-preservation instincts kick in. What you used may be disproportionately unfair but still valid when you consider the other circumstances (time of day, size of opponent, etc.) and jurists agree that a guy defending himself with a shotgun could invoke self-defense against an attacker armed only with a knife if he could prove that it was the only weapon he had.

Self-defense, however, does not include running after the attacker after you warded him off unless you're a member of the police.

2.) Defense of a relative

Here, reasonable necessity of means and actual or imminent aggression still stand but provocation is modified. The relative may be the one provoked by the attacker but the defender must show that he wasn't provoked by the attacker. An example of this is when a father returns from work to find his daughter being raped. The father kills the rapist by slamming a solid wooden chair on his head while the rapist is still doing his thing.

3.) Defense of a stranger

Once again, reasonable necessity of means and actual or imminent aggression come into play. There is not provocation here. Instead, the defender must not be motivated by hate, revenge or any other evil motive. The stranger may include your boss, subordinate or friend since a stranger is defined as someone who isn't a relative.

4.) State of necessity

This is the only justifying circumstance where a civil liability is present. It happens when somebody does something that causes damage to another person (or his property) in order to avoid any evil thing happening to himself or another person. All of the following must be present:
A person does an evil act which is lesser than the evil thing that he wants to avoid and there is no other practical or harmless way to prevent it. That person must pay a civil liability. If it was done to prevent something evil happening to another person, that otherperson must pay the civil liability.

5.) Fulfillment of lawful duty/exercise of right/office

The person in question was doing his lawful duty and the injury happened while he was doing it. He must prove that he was the holder of that position when he was performing his duty. This usually happens when the police are in hot pursuit or when a criminal refuses to surrender. It won't apply, unfortunately, to a security guard if he kills a thief who refuses to stop. A security guard's law enforcement power is up to prevention only.A security guard can only kill if he's defending, not pursuing. A prison guard, however, can kill an escaped prisoner.

6.) Obedience to superior order

Here, there is a lawful order and the means to carry it out are lawful. Good faith on the subordinate's part is crucial here. If he honestly believed that the order was legal, he can claim this justifying circumstance -even if the order was illegal. Members of the Armed Forces fall into this category. If, however, the subordinate knew the order wasn't lawful, he can still escape criminal liability if he can prove the exempting circumstances of uncontrollable fear or irresistible force. We'll take that up later. Justifying and exempting circumstances aren't the same.
 
chanchad

chanchad

Member
sir good afternoon,

my querry is all about motorcycle modifications,
i saw a a lot of bike that were modified aesthetically that i hardly even know what bike it is.
is it legal to modify a bikes fairings to look like another kind of bike? say for example a yamaha sniper wearing an r6 fairings.
your idea will be highly appreciated. thank you
 
latebloomer

latebloomer

Super Veteran
aesthetics imho as long as the dominant color is still there
no need to have your
CR amended

in bore-up to be strictly legal
the bore-up mods needs to be reflected
yun nasa CR natin indicated 135cc ang displacement
but lto is very lenient when it comes to this kind of mods
mapa Vixion, 60,61,62 etal --150cc up to200cc)wala silang pakialam
renewal is not an issue
di sila strict sa displacement
 
mhektheone

mhektheone

Super Veteran
What happens to the land borrowed only by the relative ... the reason they will only build small SARI SARI store and
after a year they build a stone house..can we withdraw the said land from the borrower? were the owner still paying the tax of the said land...what good to do sir...TIA
 
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raksta

raksta

Super Veteran
sir me violation ba un naputol ang drivers license hahaha naputol kasi sa wallet ko un akin hehehe:D TIA
 
mac kevin

mac kevin

Super Veteran
kapag nawala/nasunog/ninakaw=affidavit of loss,
kapag napunit/naputol due to ordinary wear and tear= affidavit of mutilation, note: dapat isurrender mo ung mutilated license

replacement of new one:

affidavit of loss=mahal kunti charge sa lto
affidavit mutilation=mura kunti ang charge sa lto keysa sa nawala
 
Stockbore

Stockbore

Super Veteran
I'm just wondering why they blame loud pipes on the riders? these pipes are after markets which means they are legal... If they don't want these pipes then they should band the dealers not the users since these pipes are allowed by dti and they have bir official receipts on it. Quite confusing.......
 
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