“MISTAKEN IDENTITY FILE,RESULTING TO OTHER SERIOUS AND/OR ‘HEINOUS CRIMES’!”

Alpha “Analpha” Alfonso
23 min readMar 20, 2023

Mistaken identity is a defense in criminal law which claims the actual innocence of the criminal defendant, and attempts to undermine evidence of guilt by asserting that any eyewitness to the crime incorrectly thought that they saw the defendant, when in fact the person seen by the witness was someone else. The defendant may question both the memory of the witness (suggesting, for example, that the identification is the result of a false memory), and the perception of the witness (suggesting, for example, that the witness had poor eyesight, or that the crime occurred in a poorly lit place).

Because the prosecution in a criminal case must prove the guilt of the accused beyond a reasonable doubt, the defendant must convince the jury that there is reasonable doubt about whether the witness actually saw what they claim to have seen, or recalls having seen. Although scientific studies have shown that mistaken identity is a common phenomenon, jurors give very strong credence to eyewitness testimony, particularly where the eyewitness is resolute in believing that their identification of the defendant was correct.

How do you argue mistaken identity in a criminal case?

On Behalf of The Law Offices of Elaine E. Lukic, JD, LLM, LLM | Aug 2, 2022 | criminal defense

Being accused of a crime is, by all means, an unsettling experience. The situation becomes even more harrowing if you had nothing to do with the crime in question. If you are accused and charged with a crime you did not commit, you need to fight for justice.

One of the main defense options you can consider when facing a false criminal charge is mistaken identification. However, to effectively use this as a defense in your criminal case, it helps to know what mistaken identity entails as well as what you can expect during your trial.

WHAT IS MISTAKEN IDENTITY AS A DEFENSE IN NORTH MISSISSIPPI?

Mistaken identify is a defense in criminal cases where a witness identifies the wrong person as the offender. When a defendant raises mistaken identity, they do not necessarily dispute that a crime occurred. They are saying they didn’t do it.

Many criminal cases rely on eye-witness testimony, both from the victim and anyone else who may have seen the incident. But the human memory isn’t perfect and mistakes can be made when a witness identifies the person they believe to be the offender.

Mistaken identity can lead to the conviction of innocent people for serious crimes. According to the Innocence Project, mistaken identification contributed to around 69% of wrongful convictions in America that were later overturned by DNA evidence.

If you are facing criminal charges, the attorneys at William Wayne Housley, Attorney at Law are here to help. Contact us today at 662–844–5635 or fill out an online contact form to schedule a consultation.

https://www.housleylaw.com/mistaken-identity

Section 37. Obstruction of justice. Any person who willfully obstructs, impedes, frustrates or delays the apprehension of suspects or the investigation or prosecution of criminal cases, or intrudes in a crime scene shall be punished within Level 3. Obstruction of justice may be typically committed under the following circumstances: a. Preventing witnesses from testifying in any criminal investigation proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; b. Altering, erasing, destroying, suppressing or concealing any paper, record, document, or object, traces or prints, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in a crime scene or in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; c. Harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing laws in order to prevent his arrest prosecution and conviction; d. Using a false identity or falsified document for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; e. Delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the National Prosecution Service, Ombudsman, or in the courts; f. Making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; g. Soliciting, accepting, or agreeing to accept any benefit in consideration for abstaining from, discontinuing, or impeding the legal proceedings; h. Threatening another, directly or indirectly, with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family, or imposing a condition, whether lawful or unlawful, in order to prevent such person from appearing in the investigation of or official proceedings in criminal cases; or i. Giving false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of Page 11 of 27 the victim; or publishing or fabricating information from the data gathered in confidence by investigating authorities.

What are the other forms of swindling under RPC?

The crime of Estafa or Swindling is punishable under Article 315 of the Revised Penal Code (“RPC”) and there are different forms of committing it. Estafa can be committed a) with unfaithfulness or abuse of confidence; b) by means of false pretenses or fraudulent acts; and c) through fraudulent means.

https://ndvlaw.com/another-type-of-fraud-estafa-by-means-of-deceit/#:~:text=The%20crime%20of%20Estafa%20or,and%20c)%20through%20fraudulent%20means.

What is other forms of swindling Article 316?

ART. 316. Other forms of swindling. — The penalty of arresto mayor in its minimum and medium periods and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed.

https://lawphil.net/judjuris/juri1963/mar1963/gr_l-18747_1963.html#:~:text=ART.,such%20value%2C%20shall%20be%20imposed.

What is the Philippine law on swindling?

Any person or persons who shall commit estafa or other forms of swindling as defined in Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of five or more persons formed with the intention of …

What is Article 315 of the Revised Penal Code?

Applying Article 315 of the RPC, as amended by RA 10951, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed if the amount involved is over P40,000.00 but does not exceed P1,200,000.00.Sep 13, 2021

https://lawphil.net/judjuris/juri2021/sep2021/gr_215132_2021.html#:~:text=Applying%20Article%20315%20of%20the,does%20not%20exceed%20P1%2C200%2C000.00.

What is PD 10951 under Article 315 318?

Republic Act №10951 is the law adjusting the amount or the value of property and damage on which a penalty is based, and the fines imposed under the Revised Penal Code. RA 10951 has amended the provisions under Act №3815, or otherwise known as the Revised Penal Code (“RPC”).

https://ndvlaw.com/new-penalties-for-estafa-or-swindling/#:~:text=Republic%20Act%20No.,Code%20(%E2%80%9CRPC%E2%80%9D).

What is Article 315 and 316 of the Revised Penal Code?

Any person or persons who shall commit estafa or other forms of swindling as defined in Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of five or more persons formed with the intention of …

What is violence Article 315?

The Court said that any person who causes pecuniary damage upon another through any of the acts of abuse of confidence or of deceit, as enumerated in Article 315 of the RPC, commits the crime of estafa or swindling. One of such acts of abuse of confidence is that specified in Article 315(1)(b) of the RPC.

https://ndvlaw.com/another-type-of-fraud-simple-estafa-by-misappropriation/#:~:text=The%20Court%20said%20that%20any,)(b)%20of%20the%20RPC.

What is Article 318 of the RPC?

Art. 318. Other deceits. — The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter.

https://lawlibrary.chanrobles.com/index.php?option=com_content&view=article&id=47072:162822&catid=1469&Itemid=566#:~:text=The%20provision%20reads%3A-,Art.,preceding%20articles%20of%20this%20chapter.

What is Republic Act Article 315 to 318 Philippines?

Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in any other similar manner, shall suffer the penalty of arresto mayor or a fine not exceeding 200 pesos.Mar 16, 2010

https://criminallawphilippines.wordpress.com/2010/03/16/c-6-swindling-other-deceits-art-315-318/#:~:text=Any%20person%20who%2C%20for%20profit,fine%20not%20exceeding%20200%20pesos.

What is the punishment for swindling?

Any person or persons who shall commit estafa or other forms of swindling as defined in Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of five or more persons formed with the intention of …

What is Republic Act 8484 under Article 315?

8484) states that any person who obtains the money or anything that is valuable with the use of an access device with the sole intent to defraud or with intent to gain and fleeing once motive has been executed will be held liable for a crime punishable with a fine and imprisonment.Sep 17, 2015

https://attorney.org.ph/legal-news/31-can-you-be-imprisoned-for-non-payment-of-debt#:~:text=8484)%20states%20that%20any%20person,with%20a%20fine%20and%20imprisonment.

What is Section 316 criminal code?

Section 316 of the Nigerian Criminal Code

(6) if death is caused by wilfully stopping the breath of any person for either of such purposes, is guilty of murder. killed. In the third case it is immaterial that the offender did not intend to hurt any person.Apr 30, 2021

What are the 4 types of violence?

  • Physical Violence. Physical violence occurs when someone uses a part of their body or an object to control a person’s actions.
  • Sexual Violence. …
  • Emotional Violence. …
  • Psychological Violence. …
  • Spiritual Violence. …
  • Cultural Violence. …
  • Verbal Abuse. …
  • Financial Abuse.

More items…

What is the punishment of Article 315 paragraph 1 B?

10951, the penalty for estafa under paragraph 1(b), Article 315 is “prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over P12,000 but does not exceed P22,000, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be …

What is violation of Article 315 2 A?

In estafa by means of deceit under Article 315(2)(a) of the Revised Penal Code, the element of deceit consisting of the false pretense or representation must be proven beyond reasonable doubt. Otherwise, criminal liability will not attach.

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64345#:~:text=In%20estafa%20by%20means%20of,criminal%20liability%20will%20not%20attach.

What is Article 315 paragraph 2 A of the RPC?

In the prosecution for the crime of estafa committed under Article 315, paragraph 2(a) of the Revised Penal Code, there must be evidence of false representation or false pretense on the part of the accused to prove reasonable doubt.

https://lawlibrary.chanrobles.com/index.php?option=com_content&view=article&id=65203&catid=1541&Itemid=566#:~:text=In%20the%20prosecution%20for%20the,accused%20to%20prove%20reasonable%20doubt.

What is Article 315 RA 10951?

“Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not to exceed Forty thousand pesos (₱40,000).”

https://www.lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html#:~:text=%22Any%20person%20who%20conceals%20his,pesos%20(%E2%82%B140%2C000).%22

Swindling And Other Forms Of Deceits

  • Last updated: 06 April 2017 18:58
  • Created: 06 April 2017 18:31
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Swindling or estafa is a crime against property and it is committed using any fraudulent means. Swindling is also an abuse of confidence and there are many ways this crime is committed:

ARTICLE 316. Other Forms of Swindling. — The penalty of arresto mayor in its minimum and medium periods and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon:

1. Any person who, pretending to be the owner of any real property, shall convey, sell, encumber or mortgage the same.

2. Any person who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded.

3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person.

4. Any person who, to the prejudice of another, shall execute any fictitious contract.

5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor.

6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation.

ARTICLE 317. Swindling a Minor. — Any person who, taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the obligation contracted by the minor.

ARTICLE 318. Other Deceits. — The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter.

Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in any other similar manner, shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos.

Is mistake of identity is a crime?

When does a Mistake in Identity Become a Criminal Liability? “Error in personae” or mistake in identity is injuring one person who is mistaken for another. The intended victim is not at the scene of the crime. It is the actual victim upon whom the blow was directed, but he is not really the intended victim.Jul 3, 2020

https://lawschoolbuddy.info/when-does-a-mistake-in-identity-become-a-criminal-liability/#:~:text=When%20does%20a%20Mistake%20in,not%20really%20the%20intended%20victim.

How to file a police report for identity theft in Philippines?

You may also send a message through the NBI’s website at www.nbi.gov.ph or their official Facebook account. You may also report these incidents to the PNP Anti-Crime Group (PNP-ACG) through www.pnpacg.ph or hotline number at (02) 8723–0401 local 5313.

https://www.dof.gov.ph/anti-fraud/#:~:text=You%20may%20also%20send%20a,)%208723%2D0401%20local%205313.

What is Article 177 Revised Penal Code of the Philippines?

177. Usurpation of official functions. — Any person who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods.

https://lawphil.net/judjuris/juri1960/jul1960/gr_l-12495_1960.html#:~:text=177.,its%20minimum%20and%20medium%20periods.

Usurpation of official functions. — Any person who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods. (Emphasis supplied.)

G.R. №212416 — ROEL R. DEGAMO, PETITIONER, V …

judiciary.gov.ph

https://elibrary.judiciary.gov.ph › showdocs

Dec 5, 2018 — The crime of usurpation of authority punishes the act of knowingly and falsely representing oneself to be an officer, agent, or representative

What is the punishment for usurpation?

Usurpation is a minor offense regulated in article 245 of the Penal Code and punishable by a fine of three to six months, while trespassing is a less serious crime regulated in article 202 of the Penal Code and punishable by penalty. from prison.

https://www.forcamabogados.com/en/occupation-differences-between-usurpation-and-trespassing#:~:text=Usurpation%20is%20a%20minor%20offense,from%20prison.

What is an example of usurpation of authority?

Pretending to be a person of authority is a serious crime punishable by law. One instance that makes you liable for a crime of usurpation of authority is when you pretend to represent a department or agency of the Philippine government.Nov 1, 2017

https://attorney.org.ph/legal-news/359-the-crime-of-usurpation-of-authority#:~:text=Pretending%20to%20be%20a%20person,agency%20of%20the%20Philippine%20government.

What is Article 177 Revised Penal Code?

Article 177 may be violated thru (a) by knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government; (b) by performing any act pertaining to any person in authority or public officer of the Philippine …

What is Article 178 of the Revised Penal Code?

Article 178, paragraph one of the Revised Penal Code (Act №3815, as amended) punishes any person who uses a fictitious name or a name other than his real name publicly in order to: a) conceal a crime; b) evade the execution of a judgment; or c) cause damage to public interest.

Is usurpation of authority a criminal case?

The crime of usurpation of authority punishes the act of knowingly and falsely representing oneself to be an officer, agent, or representative of any department or agency of the government.

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64805#:~:text=The%20crime%20of%20usurpation%20of,or%20agency%20of%20the%20government.

Usurpation of official functions. — Any person who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods. (Emphasis supplied.)

“LET ME EXPLAIN THIS PART ON MY OWN UNDERSTANDING AND INTERPRETATION OF THE LAW!”

Usurpation of official functions. — Any person who, meaning anybody irregardless of age and nationality, status quo, lifestyle, economic status,etc.

(Article 3. Ignorance of the law excuses no one from compliance therewith. [https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html]

under pretense of official position, meaning posting herself/himself in an office in any Government or Private Offices or Departments; under pretensions and or false appointment and or election results, etc. related to this manner; without any Legal, Upright and Lawful Papers or Documentations which is/are Certified by any Legal Entity presenting such Office and or Department. Using or Wearing any Uniforms identifying for such pretending position may aggravate such Overt Act, but not the Crime itself, it will always depends on the Actual Situation and Condition of such Using and Wearing of any Authorized Uniform.

shall perform any act pertaining to any person in authority; this means the person suspected for this crime must have an Overt Act, which proves herself/himself as pretension for such official function; performing any act which pertains to any person in authority, referring to a certain person in authority who holds an office.

that there must be a Person in Authority: the presence of the Legal ,Upright and Lawful Person not merely Entity, but a Person, a Human Being Body.A Person in Authority is not an Illusion or Imaginary not even a Virtual Person.

or Public Officer, here the meaning is precise as to Person in Authority may be an Elective Position in the Government, which may be in a limited Terms or Period of Service.in this aspects, even though or even if the Person may be pretended to be Ousted (Can you oust someone?

To oust is to “expel,” “kick out,” or “remove and replace.” When you oust someone, you are “giving them the boot.” A sports team is ousted from a tournament if they lose an elimination round. Oust often implies both removal and replacement.)[https://www.vocabulary.com/dictionary/oust#:~:text=To%20oust%20is%20to%20%E2%80%9Cexpel,implies%20both%20removal%20and%20replacement.]

without being lawfully entitled to do so, as I have written a while ago, there must be a Person, if so, there must be some Legal Papers Authenticating such Legal Authorization to Conduct and Perform such Authority and Position. That a Person ,if employed to or connected to a Company may it be Government or Private, must have a TIER, a CONTRACT OF WORK OR EMPLOYMENT AND OR ANY WRITTEN AGREEMENT, which proves her/his ‘DUTIES AND RESPONSIBILITIES, to Conduct and Perform such AUTHORITY: such as SPA Special Power of Attorney or Special Power of Authority, indicating his/her Duties and Responsibilities as the Person in Authority.

shall suffer the penalty of prision correccional in its minimum and medium periods. (Emphasis supplied.) —

The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.[https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426#:~:text=%E2%80%94The%20duration%20of%20the%20penalties,that%20of%20the%20principal%20penalty.]

MISTAKEN IDENTITY MAY RESULT TO MORE SERIOUS OR HEINOUS CRIMES,SO I WARN ALL OF YOU,NOT TO FALSE PRETENSE FOR MY PERSON!

I AM NOT REALLY LIVING IN A LIFESTYLE OF RICH AND FAMOUS, BUT I MUST BE MORE THAN WHAT I HAVE RIGHT NOW!

I MUST LIVE THE LIFESTYLE OF THOSE IN THE ELITE WORLD AND TO THOSE WITH FAME AND GLORY!FOR I HAVE SO MUCH AWARDS AND WINNINGS,WHICH MAY VALIDATE AND AUTHENTICATE MY MUST BE,SHOULD BE LIFESTYLE!

IMPOSTORS,DEPRIVED MY ‘HUMAN RIGHTS’ EVEN FOR THE USE OF THESE SOCIAL MEDIA APPS![https://www.linkedin.com/checkpoint/lg/login-submit]

MISTAKEN IDENTITY AND OR IDENTITY THEFT,ALMOST KILL MY PERSON,FOR SO MANY DECADES NOW![https://terranovasecurity.com/what-is-identity-theft/#:~:text=Identity%20theft%20can%20also%20result,identity%20to%20commit%20fraudulent%20activity.]

Is identity theft a cyber crime in Philippines?

When it comes to penalties, RA 10175 penalizes any person found guilty of computer-related identity theft with imprisonment of prision mayor (6 years and 1 day to 12 years) or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.

[https://ndvlaw.com/computer-related-identity-theft-is-a-serious-cyber-crime/#:~:text=When%20it%20comes%20to%20penalties,the%20damage%20incurred%20or%20both.]

What is the RA of identity theft Philippines?

As defined in Republic Act Nr. 10175 otherwise known as the “Cybercrime Prevention Act of 2012”, computer-related identity theft is the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right.

[https://acg.pnp.gov.ph/main/cyber-security-bulletin/33-identity-theft/210-acg-cyber-security-bulletin-nr-92-understanding-computer-related-identity-theft.html#:~:text=As%20defined%20in%20Republic%20Act,natural%20or%20juridical%2C%20without%20right.]

What article is identity theft in the Philippines?

Under Article 315 (2) (a) of the RPC, a person is guilty of estafa by using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits, executed prior to or simultaneously with the commission of …Jun 7, 2020

[https://pnl-law.com/blog/laws-on-identity-theft-in-the-philippines/#:~:text=Under%20Article%20315%20(2)%20(,simultaneously%20with%20the%20commission%20of]

What is identity theft?

Identity theft, also known as identity fraud, is a crime in which an imposter obtains key pieces of personally identifiable information (PII), such as Social Security or driver’s license numbers, to impersonate someone else.

The stolen information can be used to run up debt purchasing credit, goods and services in the name of the victim or to provide the thief with false credentials. In rare cases, an imposter might provide false identification to police, creating a criminal record or leaving outstanding arrest warrants for the person whose identity has been stolen.

[https://www.techtarget.com/searchsecurity/definition/identity-theft]

Blackmail, in its metaphorical sense, may be defined as any unlawful extortion of money by an appeal to the fears of the victim, especially extortion of money by threats of accusation or exposure. Two words are expressive of the crime — hush money.

[https://lawphil.net/judjuris/juri1917/oct1917/gr_l-13540_1917.html#:~:text=Blackmail%2C%20in%20its%20metaphorical%20sense,of%20the%20crime%20%E2%80%94%20hush%20money.]

What Republic Act is blackmail?

“(4) Plunder under Republic Act №7080, as amended; “(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended; “(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No.

[https://lawphil.net/statutes/repacts/ra2003/ra_9194_2003.html#:~:text=%22(4)%20Plunder%20under%20Republic,gambling%20under%20Presidential%20Decree%20No.]

Is blackmail illegal in Philippines?

[1] Art. 282 punishes the crime of Grave Threats. Blackmailing and extortion are punished under Art. 283 on Light Threats.

[https://chanrobles.com/cralawacno5225april292003.html#:~:text=%5B1%5D%20Art.,283%20on%20Light%20Threats.]

What is blackmail examples?

To blackmail someone is to use secret information to get something from them, usually money. Blackmailing is a crime. Blackmail is a type of threat. For example, if a politician’s assistant knew the politician was having an affair, the assistant could blackmail the politician by threatening to tell the press.

[https://www.vocabulary.com/dictionary/blackmail#:~:text=To%20blackmail%20someone%20is%20to,threatening%20to%20tell%20the%20press.]

What is modus operandi in legal term?

modus operandi, (Latin: “operating method”, ) abbreviation Mo, in criminology, distinct pattern or manner of working that comes to be associated with a particular criminal.

[https://www.britannica.com/topic/modus-operandi#:~:text=modus%20operandi%2C%20(Latin%3A%20%E2%80%9C,associated%20with%20a%20particular%20criminal.]

Ransom kidnapping refers to a situation in which the overriding purpose for the act is a payment (usually a sum of money) for the release of the hostage and the enrichment of the perpetrators.

[https://link.springer.com/content/pdf/10.1007%2F978-1-4614-7883-6_576-1.pdf]

What are the elements of kidnapping for ransom?

In prosecuting a case involving the crime of kidnapping for ransom, the following elements must be established: (i) the accused was a private person; (ii) he kidnapped or detained, or in any manner deprived another of his or her liberty; (iii) the kidnapping or detention was illegal; and (iv) the victim was kidnapped …

[https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64276#:~:text=In%20prosecuting%20a%20case%20involving,iv)%20the%20victim%20was%20kidnapped]

What means sextortion?

Or blackmailing them for sexual favors? Special Agent: Sextortion is a serious crime that occurs when someone threatens to distribute your private and sensitive material if you don’t provide them images of a sexual nature, sexual favors, or money.

[https://www.fbi.gov/video-repository/newss-what-is-sextortion/view#:~:text=Or%20blackmailing%20them%20for%20sexual,%2C%20sexual%20favors%2C%20or%20money.]

What is a sextortion example?

Sextortion can start on any site, app, messaging platform, or game where people meet and communicate. In some cases, the first contact from the criminal will be a threat. The person may claim to already have a revealing picture or video of a child that will be shared if the victim does not send more pictures.

[https://www.fbi.gov/how-we-can-help-you/safety-resources/scams-and-safety/common-scams-and-crimes/sextortion#:~:text=Sextortion%20can%20start%20on%20any,does%20not%20send%20more%20pictures.]

Is sextortion a crime in the Philippines?

Act №3815 (The Revised Penal Code): States that sextortion is considered a criminal offense if it involves a “grave threat” even if the victim does not pay the demands of the perpetrator, or if the perpetrator succeeds in obtaining the ransom, they will be charged with “Robbery by Intimidation.” Republic Act No.

[https://www.digitalforensics.com/blog/sextortion/what-do-you-need-to-know-about-philippines-sextortion/#:~:text=Act%20No.,Republic%20Act%20No.]

What if I am a victim of sextortion?

File a complaint against sextortion online or at your nearest cyber crime cell. Remember that you can also anonymously file an online complaint against such offence on the national cyber crime reporting portal cybercrime.gov.in.

[https://infosecawareness.in/concept/police/beware-of-online-sextortion#:~:text=File%20a%20complaint%20against%20sextortion,portal%20cybercrime.gov.in.]

Where can I report sextortion in the Philippines?

You may report cases to the Philippine National Police Anti-Cybercrime Group (PNP-ACG) or to the National Bureau of Investigation — Cybercrime Division, both of which are agencies which deal with cybercrime, including online gender-based violence such as sextortion.Nov 10, 2018

[https://fma.ph/2018/11/10/what-you-need-to-know-about-sextortion/#:~:text=You%20may%20report%20cases%20to,based%20violence%20such%20as%20sextortion.]

What to do if you are sextorted in the Philippines?

It is still very important to report the crime to local authorities such as the FBI, and National Center for Missing and Exploited Children. We also recommend reporting the crime to the Philippine Government and their law enforcement agencies that handle Sextortion: The Philippine National Police Anti-Cybercrime Group.Aug 22, 2022

[https://digitalinvestigation.com/blog/sextortion/what-do-if-you-are-victim-philippines-sextortion-scam/#:~:text=It%20is%20still%20very%20important,National%20Police%20Anti%2DCybercrime%20Group]

“THESE ARE THE GREAT EXAMPLES OF ‘MISTAKEN IDENTITY AND OR IDENTITY THEFT’!

PEOPLE LOSES THERE OWN PERSONAL WEALTH ,LIKE THAT OF THEIR HEALTH ,WHICH MAY RESULT TO UNEXPECTED DEATH!”

“Here, I may say, that CRIMES does PAY!”

“The Payment may be Your ‘FREEDOM OR YOUR LIFE/LIVES!”

In law, motu proprio (Latin for “on his own impulse”) describes an official act taken without a formal request from another party. Some jurisdictions use the term sua sponte for the same concept. In Catholic canon law, it refers to a document issued by the pope on his own initiative and personally signed by him.

[https://en.wikipedia.org/wiki/Motu_proprio#:~:text=In%20law%2C%20motu%20proprio%20(Latin,and%20personally%20signed%20by%20him.]

“The ‘MOTU PROPIO’ in LAW, may mean Differently when Translated and Interpreted by Myself, with References from the Google Translator.

MOTU means MOTION.

[https://translate.google.com.ph/?hl=en&tab=mT&sl=la&tl=en&text=MOTU&op=translate]

PROPRIO means PROPERLY

[https://translate.google.com.ph/?hl=en&tab=mT&sl=la&tl=en&text=PROPRIO&op=translate]

By the Translation, MOTU PROPRIO means MOTION PROPERLY.

What does court motu proprio mean in law?

Motu propio is a Latin term meaning “on his own impulse”. It is used to refer to a document that is issued and personally signed by the Pope. It may be contain instructional matter, administrative matters of church law or governing bodies, or used to grant a special favor.

[https://definitions.uslegal.com/m/motu-propio/#:~:text=Motu%20propio%20is%20a%20Latin,to%20grant%20a%20special%20favor.]

By My Personal Translation and Interpretation, ‘Motion Properly’; Act Right, Act Modest, Act Legal, Act Lawful, Act Upright, Act Carefully, and etc Act in Favor for Yourself and Others. That any Act or Overt Act, must be in Conformity of the Laws of/for the Land and of /for any Religion Authorized by Laws.

In both Positive and Negative Aspects; Any Mutual Act is/are of Mutual Responsibility by the Actor and Actress. May them be the Offender or the Aggrieve Party.

Try to See or View the Court Legal /Judicial Proceedings; Both Parties will Go and Visit the Court(wherever), will Dress Upright, will Spend their Own or Borrowed Money, will exert their Personal Effort Sick or Not, will PRAY their Own Prayers to their Own Respective GOD!These means WE AL HAVE GOD’S, do WE have the SAME GOD? If so, Pity those WHO are Betrayed ,Deprived, Denied of JUSTICE over this EARTH, etc.!

Why PITY,YOU DO NOT KNOW HOW TO INVESTIGATE!

Follow the LAWS:PROTOCOL OF THE PHILIPPINES FY: 1991,2011,2021

[https://napolcom.gov.ph/?page_id=249]

(1991–002)(1991–008)(1991–007)

[https://www.officialgazette.gov.ph/downloads/1991/10oct/19911010-RA-7160-CCA.pdf]

[https://www.officialgazette.gov.ph/1991/04/24/republic-act-no-6981/]

[https://didm.pnp.gov.ph/images/DIDM%20Manuals/Criminal%20Investigation%20Manual.pdf]

[https://didm.pnp.gov.ph/images/Standard%20Operating%20Procedures/SOP%20ON%20PROCEDURES%20IN%20THE%20INVESTIGATION%20OF%20HEINOUS%20AND%20SENSATIONAL%20CRIMES.pdf]

What are the phases of investigation in the Philippines?

These include collection, analysis, theory development and validation, suspect identification and forming reasonable grounds, and taking action to arrest, search, and lay charges.

[https://pressbooks.bccampus.ca/criminalinvestigation/chapter/chapter-4-the-process-of-investigation/#:~:text=These%20include%20collection%2C%20analysis%2C%20theory,%2C%20search%2C%20and%20lay%20charges.]

What is the procedure in preliminary investigation Philippines?

The framework of the preliminary investigation is based on the following major tasks: (1) verification that an offense has occurred; (2) identification of the victim, the place of the crime, and the time of the crime; (3) identification of solvability factors; (4) communication of the circumstances of the crime; and (5 …

[https://www.ojp.gov/ncjrs/virtual-library/abstracts/preliminary-investigations-manual#:~:text=The%20framework%20of%20the%20preliminary,of%20the%20crime%3B%20and%20(5]

B. What is Mutual Legal Assistance in Criminal Matters 1. MLA in criminal matters, sometimes referred to as mutual assistance or judicial assistance, is the formal process by which States or jurisdictions seek and provide assistance in the investigation or prosecution of criminal offenses, and in judicial proceedings related to criminal matters. MLA is generally used to obtain evidence that cannot be provided on a law enforcement-level basis (e.g., police-topolice or agency-to-agency), or evidence that would be admissible in a criminal trial. It operates on much stricter rules than those that apply to the less formal agency-toagency or police-to-police cooperation. 2. MLA may also be utilized to obtain assistance in proceedings involving proceeds of crime, including their tracing, freezing, and confiscation. Requests relating to proceeds of crime can be on a criminal (conviction) or civil (non-conviction) basis. 3. Due to the increasingly transnational nature of crimes, MLA is critical to criminal investigations and proceedings both in the Philippines and abroad. It is also a vital tool in the pursuit of criminal finances, including the recovery of the proceeds of crime that may have been moved and hidden overseas. The Philippines is committed to assisting law enforcement, prosecution, and judicial authorities in combating transnational crimes and is able to provide a wide range of assistance. 4. The MLA mechanism is not to be used for: a. extradition, arrest, or detention with a view to the extradition of any person; 4 b. enforcement in the requested Party of criminal judgments rendered in the requesting Party except to the extent permitted under the treaty or convention used as basis for the request for assistance and/or law of the requested Party; c. transfer of persons to serve sentence; and d. transfer of proceedings in criminal matters. 6. The MLA mechanism is a tool for law enforcement and prosecution authorities in the investigation and prosecution of cases. It is not to be utilized by private individuals or entities.

[https://www.doj.gov.ph/files/2021/MLACM/Guidelines%20on%20Mutual%20Legal%20Assistance%20in%20Criminal%20Matters.pdf]

WHY SHOULD I REMIND MYSELF ABOUT THIS LAWS,FOR I HAVE THE RIGHTS,THE UNIVERSAL HUMAN RIGHTS ,DECLARES MY RIGHTS!”

Universal Declaration of Human Rights

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,
The General Assembly

[https://www.amnesty.org.ph/2013/06/universal-declaration-of-human-rights/]

“SLAVERY IN THE HOLY BIBLE”

Proverbs 22:16 — He that oppresseth the poor to increase his riches, and he that giveth to the rich, shall surely come to want.

Exodus 21:26–27 — And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye’s sake. (Read More…)

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