Kuya Fabs

Kuya Fabs There is no crime where there is no law punishing it.

09/08/2025

The accomodation of differences ... is the essence of true equality

25/07/2025

BASTE
O
BATSE

25/07/2025

LARGA MAN SINGAPORE BASTE

The Supreme Court (SC) has declared that the Articles of Impeachment filed against Vice President Sara Duterte as uncon...
25/07/2025

The Supreme Court (SC) has declared that the Articles of Impeachment filed against Vice President Sara Duterte as unconstitutional.

BASTE VS TORRE
24/07/2025

BASTE VS TORRE



Q: What is the general rule on direct hiring?A: No employer may hire a Filipino worker overseas employment except throug...
24/07/2025

Q: What is the general rule on direct hiring?

A: No employer may hire a Filipino worker overseas employment except through the Boards and entities authorized by the Secretary of Labor (Labor Code, Art. 18)

If faced with two conflicting versions, the Court is guided by the equipoise rule. Thus, where the inculpatory facts and...
23/07/2025

If faced with two conflicting versions, the Court is guided by the equipoise rule. Thus, where the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfill the test of moral certainty and is not sufficient to support a conviction.

The equipoise rule provides that where the evidence in a criminal case is evenly balanced, the constitutional presumption of innocence tilts the scales in favor of the accused.

23/07/2025

Basic is the rule that for conviction of a crime, the evidence required is proof beyond reasonable doubt -- conviction with moral certainty.

It is the primordial duty of the prosecution to present its side with clarity and persuasion, so that conviction becomes...
22/07/2025

It is the primordial duty of the prosecution to present its side with clarity and persuasion, so that conviction becomes the only logical and inevitable conclusion.
What is required of it is to justify the conviction of the accused with moral certainty. Upon the prosecution's failure to meet this test, acquittal becomes the constitutional duty of the Court, lest its mind be tortured with the thought that it has imprisoned an innocent man for the rest of his life

Evident premeditation to kill must be plain and notorious; it must be sufficiently proven by evidence of outward acts sh...
22/07/2025

Evident premeditation to kill must be plain and notorious; it must be sufficiently proven by evidence of outward acts showing the intent to kill.
In the absence of clear and positive evidence, mere presumptions and inferences of evident premeditation, no matter how logical and probable, are insufficient

"The law is a jealous mistress - give her your all, and she’ll reward you with power."—Oliver Wendell Holmes Jr.
22/07/2025

"The law is a jealous mistress - give her your all, and she’ll reward you with power."
—Oliver Wendell Holmes Jr.

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