People vs Daniela 24 April 2003 Robbery under the RPC and Highway Robbery under

People vs daniela 24 april 2003 robbery under the rpc

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(People vs. Daniela, 24 April 2003) Robbery under the RPC and Highway Robbery under PD 532 Presidential Decree No. 532 punishes as highway robbery or brigandage only acts of robbery perpetrated by outlaws indiscriminately against any person or persons on Philippine highways as defined therein, and not acts of robbery committed against a predetermined victim. If the robbers have a specific target as their victim, it is robbery under the RPC and not under PD 532 even if the same was committed on a Philippine highway. (Abay vs. People, 19 September 2008)
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5 Anti-Hazing Law (RA 8049) Hazing is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him/her to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him/her to physical or psychological suffering or injury. Required allegation in the Information for Hazing The indictment merely states that psychological pain and physical injuries were inflicted on the victim. There is no allegation that the purported acts were employed as a prerequisite for admission or entry into the organization. Failure to aver this crucial ingredient would prevent the successful prosecution of the criminal responsibility of the accused, either as principal or as accomplice, for the crime of hazing. (Bayabos vs. People, 18 February 2015) Hazing is not Illegal Per Se Hazing is not prohibited under the law provided that there is (a) prior written notice to the school authorities or head of organization seven days before the conduct of such initiations; (b) the written notice shall indicate the period of the initiation activities which shall not exceed three days, shall include the names of those to be subjected to such activities, and (c) shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites. Physical violence and physical harm (like punching) is prohibited, but infliction of physical suffering without violence and without resulting injuries (like push-ups and jogging) are not expressly prohibited. The Anti-Hazing Law is an offense mala prohibita The study of the provisions of R.A. No. 8049 shows that, on paper, it is complete and robust in penalizing the crime of hazing. It was made malum prohibitum to discount criminal intent and disallow the defense of good faith. (Dungo vs. People, 1 July 2015) Hazing is an Offense of Secrecy Through careful case-build up and proper presentation of evidence before the court, it is not impossible for the exalted constitutional presumption of innocence of the accused to be overcome and his guilt for the crime of hazing be proven beyond reasonable doubt. The prosecution must bear in mind the secretive nature of hazing, and carefully weave its chain of circumstantial evidence.
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