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Res Ipsa Loquitur

The doctrine of res ipsa loquitur is an exception to the rule that hearsay evidence is devoid of probative value. This is because the doctrine of res ipsa loquitur establishes a rule on negligence, whether the evidence is subjected to cross-examination or not. It is a rule that can stand on its own independently of the character of the evidence presented as hearsay.

Grave Threats, Light Threats, and Other Light Threats

The crimes of grave threats, light threats, and other light threats are provided under Articles 282, 283, and 285 of the Revised Penal Code.

According to the case of RONNIE CALUAG vs. PEOPLE OF THE PHILIPPINES, G.R. No. 171511, March 4, 2009, in grave threats, the wrong threatened amounts to a crime which may or may not be accompanied by a condition. In light threats, the wrong threatened does not amount to a crime but is always accompanied by a condition. In other light threats, the wrong threatened does not amount to a crime and there is no condition.

The Supreme Court decides: There is no qualified rape in case of adoptive relatives under the old adoption law

Under the old law, the adopted child cannot be considered as a relative of the ascendants and collaterals of the adopting parents. The relationship created is exclusively between the adopter and the adopted, and does not extend to the relatives of either.

Tender of Excluded Evidence

Rule 132, Section 40 of the Revised Rules on Evidence provides that if the documents or things offered in evidence are excluded by the court, the offeror may have the same attached to or made part of the record. If the evidence excluded is oral, the offeror may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony.

Demurrer to Evidence

Photo from Pexels | cottonbro studio The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Read more about Demurrer to Evidence[…]

Searching Inquiry

Section 3, Rule 116 of the Revised Rules of Criminal Procedure provides that, when the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.

Supreme Court: Illegally Built Structures and Businesses on Beaches May Be Demolished for Public Disturbance

The Supreme Court affirmed the Court of Appeals’ ruling that the informal structures operated by the spouses Calimlim on foreshore land in Matabungkay Beach constituted a public nuisance. Despite a lack of necessary permits and the existence of multiple notices to vacate, the spouses Calimlim continued their informal operations, causing obstruction, excessive noise, foul odor, and even fire hazards injurious to their neighboring property, the Villa Alexandra, among others.