BayodLaw Virtual Law Office

BayodLaw Virtual Law Office Philippine Virtual Law Firm. Criminal, Civil, Tax Law & Litigation. Your legal solutions, wherever you are.

30/12/2025

Forcibly taking evidence may lead to criminal or civil liability, but it does not render the evidence inadmissible unless Article III, Sections 2 and 3 of the 1987 Constitution, or the Rules on Evidence, are violated.

The "fruit of the poisonous tree" doctrine and the exclusionary rule are designed to deter government misconduct. They do not apply to private individuals.

Therefore, evidence obtained by private persons, or public officials acting in a private capacity, is not subject to the constitutional exclusionary rule.

30/10/2025

π•Ύπ–“π–Žπ–•π–•π–Šπ–™π–˜ 𝖔𝖓 π–™π–π–Š π•½π–šπ–‘π–Šπ–˜ 𝖔𝖓 π•°π–π–™π–—π–†π–‰π–Žπ–™π–Žπ–”π–“ π•»π–—π–”π–ˆπ–Šπ–Šπ–‰π–Žπ–“π–Œπ–˜

(A.M. No. 22-03-29-SC)

26/05/2025

CONSTRUCTIVE VS. DESTRUCTIVE CRITICISM

There lies a thin line between criticism and outright defamation.

When one makes commentaries about the other's performance of official duties, the criticism is considered constructive, then aimed for the betterment of his or her service to the public.

It is thus, a continuing duty on the part of the public officer to make room for improvement on the basis of this constructive criticism in as much as it is imperative on the part of the general public to make the necessary commentaries should they see any lapses on the part of the public officer.

In this case, however, the criticism was more destructive than constructive and, worse, it was directed towards the personal relations of the parties.

- De Leon vs. People of the Philippines, G.R. No. 212623, January 11, 2016

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