any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. (Article 349 RPC) when a person contracts a second or subsequent marriage: while the previous marriage of […] The post Bigamy appeared first on Bryan Villarosa ..read more

Transferring land titles from seller’s name to buyer’s name has been part of my work as a real estate salesperson. In this blog, I share my practical experiences and insights to help you save time and avoid losses. I created this blog to remind myself, master the process, at the same time, help others who […] The post Transfer Title appeared first on Bryan Villarosa ..read more

Simple arson under section 1 of PD1613 with a punishment of prision mayor. Destructive arson under the new Article 320 of RPC as restored by RA 7659 (Sourced from destructive arson under section 2 of PD 1613 and Section 3 (Other cases of arson).  [Notable] Burning of inhabited house. Section 3 No. 2 of PD1613 and Art 320: […] The post Arson appeared first on Bryan Villarosa ..read more

as defined in Article 8 of the Revised Penal Code: Agreed and decided to commit. Conspiracy exists when two or more persons come to an agreement concern the commission of a felony and decide to commit it. as defined in People v Akiran: Concurred and affirmed. If someone fully concurred in the criminal resolution and affirmed their […] The post Conspiracy appeared first on Bryan Villarosa ..read more

Circumstantial evidence is defined as that evidence that “indirectly proves a fact in issue through an inference which the fact-finder draws from the evidence established. Resort thereto is essential when the lack of direct testimony would result in setting a felon free. (People v. Matito) Circumstantial Evidence is sanctioned by Rule 133, Section 5 of […] The post Circumstantial Evidence appeared first on Bryan Villarosa ..read more

Capital Gains Tax meaning – a final tax assessed on the presumed gain derived by citizens and resident aliens, as well as estates and trusts, from the sale or exchange of real property.1 Only natural persons or individuals are liable to the final capital gains tax but corporations are liable for ordinary income tax under […] The post Capital Gains Tax appeared first on Bryan Villarosa ..read more

Imprudence is an act of reckless imprudence, which, had it been intentional, would constitute a grave felony, less grave felony, or a light felony.Reckless imprudence voluntary but no malice doing or failing to do an act which caused material damage by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such […] The post Criminal Negligence appeared first on Bryan Villarosa ..read more

Mala in se – are wrongful acts that have a certain degree or character of evilness. To prove mala in se, bad faith on the part of the offender must be proven. The absence of bad faith or dolo can be a defense. Mala in see crimes are punishable under both RPC and special laws. […] The post Mala in se and Mala Prohibita appeared first on Bryan Villarosa ..read more

Classical Theory Positivist Theory Criminal Liability Based on man’s free will to do good or evil Product of man’s socio-economic surroundings Remedy Adjudication or accountability for man to change his will Retribution and reformation to rejoin the society as a productive and spirited member Provisions of RPC Mostly based Some aspects (People v. Estrada, Joya […] The post Classical Theory v. Positivist Theory of Criminal Law appeared first on Bryan Villarosa ..read more

Laurel v. Abrogar “Personal property” under the Revised Penal Code must be considered in tandem with the word “take” in the law. The statutory definition of “taking” and movable property indicates that, clearly, not all personal properties may be the proper subjects of theft. The general rule is that only movable properties which have physical […] The post Personal Property and Theft (RPC) appeared first on Bryan Villarosa ..read more