Arrest warrant (warrant of arrest) a judge’s order to law enforcement officers to arrest and bring to jail a person charged with a crime. The warrant is issued upon a sworn declaration by the district attorney, a police officer or an alleged victim that the accused person committed a crime. The right of a man, together with his love-ones, is protected by the Bill of Rights under Article 3, Section 2 of the Philippine Constitution. It states that, The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and […]

“Plea bargaining,” as defined in Black’s Law Dictionary, is “the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval.” Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a […]

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. Article 11 of the Revised Penal Code of the Philippines. Justifying circumstances. – The following do not incur any criminal liability: 1. Anyone who acts in defense […]

The presumption of innocence was originally expressed by the French cardinal and canonical jurist Jean Lemoine in the phrase “item quilbet presumitur innocens nisi probetur nocens (a person is presumed innocent until proven guilty)”, based on the legal inference that most people are not criminals. The presumption of innocence is one of the fundamental […]

The crime of grave coercion is committed by any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or compel him to do something against his will whether it be right or wrong. For grave coercion to lie, the following elements […]

CHAPTER 3. Void and Voidable marriages Article 35. The following marriages shall be void from the beginning: (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians. (2) Those solemnized by any person not legally authorized to perform marriages unless such […]

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