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Atty. Robert Divinagracia

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Tag: CRIMINAL PROCEDURE

Double Jeopardy:  In complex crimes, double jeopardy attaches when the first offense is a necessary means of committing the crime.

Posted on June 22, 2026

  Facts:   E was charged first with falsification of commercial document before the MTC for allegedly falsifying the signatures of two company officials where she worked, and pocketing the P2M indicated…

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Gudelines that must be considered in cases concerning inordinate delay and the right to speedy disposition of cases:

Posted on June 21, 2026

 First, the right to speedy disposition of cases is different from the right to speedy trial. While the rationale for both rights is the same, the right to speedy trial may only…

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Requirements for admission of affidavit of recantation…

Posted on January 4, 2026

Facts: Charlon was convicted of carnapping by the RTC.  On appeal to the Court of Appeals, the latter affirmed the RTC decision.  Charlon thus filed a Motion for New Trial, alleging that the main…

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Posts pagination

1 2 … 6 Next

  • Application of Article 64 of the Revised Penal Code to reckless imprudence cases involving use of motor vehicle under Article 365 of the Revised Penal Code.
  • Grave Threats; Elements of the crime; other threats…
  • Components of the crime of Grave Threats; mens rea and actus rea of the crime…
  • Grave Threats: Non-verbal gestures may be considered as “threats”…
  • Notes on Plunder Law, R.A. No. 7080…
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ADMINISTRATIVE LAW APPEAL ART. 36 FAMILY CODE BILL OF RIGHTS BP 22 CERTIORARI CIRCUMSTANTIAL EVIDENCE CIVIL LAW CRIMINAL LAW CRIMINAL PROCEDURE CYBERCRIME DAMAGES DOCUMENTARY EVIDENCE ELEMENTS OF THE CRIME ESTAFA EVIDENCE FAMILY CODE JURISDICTION LAW ON PUBLIC OFFICERS LIBEL MARRIAGE PENALTY POLITICAL LAW PRELIMINARY INVESTIGATION PRESCRIPTION PROBABLE CAUSE PROTECTION ORDERS PSYCHOLOGICAL INCAPACITY PSYCHOLOGICAL VIOLENCE QUALIFIED RAPE QUALIFIED THEFT RA 9165 RA 9208 RA 9262 RA 10175 RA 10591 RAPE RECKLESS IMPRUDENCE RECOGNITION OF FOREIGN DIVORCE JUDGMENT REMEDIAL LAW RULE 108 SERVICE OF SUMMONS SPECIAL PENAL LAWS STATUTORY RAPE VENUE

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