I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The following, if proven, will result in an acquittal.
1.) Any of the essential elements of the crime charged isn't proved by the prosecution and the elements proved don't constitute a crime
2.) The act of the accused is a justifying circumstance
3.) The act of the accused is an exempting circumstance
4.) The case is covered by any of the following (absolutory) causes:
a.) Spontaneous desistance during the attempted stages (Art. 6) and no crime under the Revised Penal Code or other law was committed
b.) Light felonies are punishable only if consummated, not frustrated or attempted, and not against persons or property (Art. 7)
c.) The accessory is a relative of the principal (Art. 20)
d.) Legal grounds for arbitrary detention (Art. 124)
e.) Legal grounds for trespass (Art. 280)
f.) Theft, swindling or malicious mischief is committed against a relative (Art. 332)
g.) Only slight or less serious physical injuries were inflicted by the person caught his spouse or daughter having sexual intercourse with another person (Art. 247)
h.) If the crime is rape, abduction, seduction or acts of lasciviousness and the offender married the victim later (Art. 344)
i.) Instigation
5.) Accused's guilt isn't proven beyond reasonable doubt
6.) The crime has prescribed (Art. 89)
7.) The victim in a crime against chastity pardoned the offender before the filing of a criminal case (Art. 344)
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