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Showing posts from March, 2023

CASE DIGEST: AMPIL vs. OMBUDSMAN

SC: Marital Infidelity is Psychological Violence under VAWC

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The Supreme Court has upheld the conviction for violation of Republic Act No. 9262 or the Anti-Violence Against Women and their Children Act of 2004 (Anti-VAWC Act) of a man who cohabited with another woman and impregnated the same while his wife was working abroad. In a Decision dated March 1, 2023, the Court’s First Division, through Justice Ramon Paul L. Hernando, denied the petition for review on certiorari of XXX and affirmed the January 31, 2019 Decision and the October 18, 2019 Resolution of the Court of Appeals (CA). The CA rulings affirmed the conviction of XXX by a Regional Trial Court (RTC) which found him guilty beyond reasonable doubt of violation of Section 5(i) of the Anti-VAWC Act which states that the crime of violence against women and their children is committed by “causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custod

Requirement of reasonable certainty of conviction for prosecutors

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The fourth in a series of consultation on the draft Case Build-Up Guidelines was successfully concluded last January 04, 2023 at the Justice Hall, Department of Justice (DOJ), with the participation of civil society and non-governmental organizations. Among the participants of the last Round Table Discussion (RTD) were representatives of National Networks of the Child Protection Units, University of the Philippines (UP) Department of Pathology, UP-Philippine General Hospital (PGH) Child Protection Unit, Philippine Society of Criminologist and Criminal Justice Professionals (PSCCJP), Calayan Educational Foundation, Inc. (CEFI), Coalition Against Trafficking of Women (CATW), Kalipunan ng mga Mamamayang Pilipino Laban sa Katiwalian (KASAPI), and Volunteers Against Crime and Corruption (VACC). Justice Secretary Jesus Crispin C. Remulla intends to introduce the game-changing mechanism on case build-up to elevate the country’s prosecution success rate by improving the current investigation s