Atty. Pao

Atty. Pao _Knowledge is meant to be shared_

16/01/2025

Criminal Law 101

If a person pretended to be a lawyer and actually acted as one by appearing in court as counsel for a client, can he/she be convicted of the crime of Usurpation of Authority under Section 177 of the Revised Penal Code?

Answer: No.

The Supreme Court in Pequero vs. People (G.R No. 26367, August 7, 2024) clarified that LAWYER is not considered as person in authority under Article 177 of the Revised Penal Code.

Note: Article 177 of the Revised Penal Code punishes any person who pretends to be an officer, agent, or representative of the government.

Thus, the elements of Usurpation of Authority under Article 177 of the Revised Penal Code are as follows:

a. The offender performs any act pertaining to any person in authority or officer of the Philippine government, any of its agencies, or of a foreign governments;

b. The offender performs the act under pretense of official function;

c. The offender performs the act without being legally entitled to do so.

Nonetheless, LAWYERS are still considered persons in authority for purposes of Direct Assault under Article 148 of the Revised Penal Code and Resistance and Disobedience to a Persons in Authority under Article 151 of the same code.


13/01/2025

Monday nanaman kaya required magkarigos dawa malipot🥶. Baka kaya paluwason ni Judge sa court room pag dai nangarigos🤣

12/01/2025

Welcome to the page, BSC 3 of PCCI😇😍

Abogado ka lng, mother earth yun. She can inflict punishment without due process of law and her decision is final and ex...
30/06/2024

Abogado ka lng, mother earth yun. She can inflict punishment without due process of law and her decision is final and executory, hence not subject to MR, Appeal or Certiorari😅

07/05/2024

Saan ka nmn nakakita ng 40 degrees celsius ang heat index pero nakacoat?

Sa court po, mga abogado😎🤣

05/05/2024

CHINESE DISHONORABLE ACT

In my previous articles, I sounded my great annoyance and anger at the arrogance displayed by the Chinese Coast Guard every time our hapless and diminutive coast guard vessel is being bombarded by its water cannons.

But the latest incident of water cannoning is different. I was not only annoyed and angered but the incident rekindled my sense of nationalism. As I looked at the video grab, it is discernible that the Chinese coast personnel were targeting our flag hoisted on our vessel.

In all appearances, the Chinese invaders wanted to rip our national flag when the nozzle of the cannon stayed in its direction for minutes. Luckily, our flag did not waver as it gallantly withstood the cannoning. In the end, it remained hoisted on top of PCG vessel as if telling the imperialists "is that all what you've got?"

To Chinese invaders, bear in mind, you may have military superiority but you cannot defeat our resolve to resist your continuous adventurism. We, Filipinos, will fight to the end to protect our territory.

You can bully us because we are a weak nation. You are good at bullying weaker nations. But you cannot do that to much stronger countries. What is so honorable in that?
(Photo not mine)

03/05/2024

Hirap palang maging abogado, yung tipong akala nila ang yaman yaman mo na kasi abogado kana😩🤣
Lower your expectations po, thank you🤣😂

03/05/2024

Blessed 😇🥰

Item VI, B, 8 of the 2024 Bar SyllabusIntervention of Offended Party – Section 16The private complainant's interest in t...
19/01/2024

Item VI, B, 8 of the 2024 Bar Syllabus

Intervention of Offended Party – Section 16

The private complainant's interest in the prosecution of offenses limited only to the civil aspect of the case. In Austria vs. AAA and BBB, the Supreme Court ruled that, the interest of the private offended party is restricted only to the civil liability of the accused. In the prosecution of the offense, the complainant's role is limited to that of a witness for the prosecution such that when a criminal case is dismissed by the trial court or if there is an acquittal, an appeal on the criminal aspect may be undertaken only by the State through the OSG. The private offended party may not take such appeal, but may only do so as to the civil aspect of the case. The private complainant has no legal personality to appeal or file a petition for certiorari to question the judgments or orders involving the criminal aspect of the case or the right to prosecute, unless made with the OSG's conformity. The private complainant must request the OSG's conformity within the reglementary period to appeal or file a petition for certiorari. The private complainant must attach the original copy of the OSG's conformity as proof in case the request is granted within the reglementary period. Otherwise, the private complainant must allege in the appeal or petition for certiorari the fact of pendency of the request. If the OSG denied the request for conformity, the Court shall dismiss the appeal or petition for certiorari for lack of legal personality of the private complainant.

Preparing this review materials on Criminal Law, Jurisprudence, Evidence and Procedure, (collectively known as CLJ) for ...
06/01/2024

Preparing this review materials on Criminal Law, Jurisprudence, Evidence and Procedure, (collectively known as CLJ) for future RCrims👮💪🥰

CLJ weighs 20% in the Criminology Licensure Examination and consists of the following subjects:

CLJ1: Introduction to Philippine Criminal Justice System
CLJ2: Human Rights Education
CLJ3: Criminal Law Book 1
CLJ4: Criminal Law Book 2
CLJ5: Criminal Evidence
CLJ6: Criminal Procedure and Court Testimony

Sagot ka ni Atty. Pao sa CLJ, InshaAllah 💪😇🥰

02/01/2024

Gusto ko lng pong i-welcome ang ating new followers 🥰. Welcome po dito ang lahat, dahil ang page na ito para sa lahat☺️.

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