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  • People vs. Poserio, C.A., 53 O.G. 6159

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    JMJM
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    Defendant was appointed as a patrolman and filled out a required information sheet but did not disclose a previous theft conviction. An investigation later found of the prior conviction. The court ruled the defendant was not criminally liable as the prosecution failed to prove the defendant had a legal obligation to reveal prior convictions on the information sheet form. The defendant was acquitted.

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    59. People vs. Poserio, C.A., 53 O.G. 6159

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    Defendant was appointed as a patrolman and filled out a required information sheet but did not disclose a previous theft conviction. An investigation later found of the prior conviction. The court ruled the defendant was not criminally liable as the prosecution failed to prove the defendant had a legal obligation to reveal prior convictions on the information sheet form. The defendant was acquitted.

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    © All Rights Reserved
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    67 views1 page

    People vs. Poserio, C.A., 53 O.G. 6159

    Uploaded by

    JMJM
    Defendant was appointed as a patrolman and filled out a required information sheet but did not disclose a previous theft conviction. An investigation later found of the prior conviction. The court ruled the defendant was not criminally liable as the prosecution failed to prove the defendant had a legal obligation to reveal prior convictions on the information sheet form. The defendant was acquitted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    People vs. Poserio, C.A., 53 O.G.

    6159

    Facts:

    Defendant was appointed patrolman of the Manila Police Department. In compliance with one of the requirements
    of the Manila Police Department, he filled in an information sheet PDS. Defendant indicated that he had not been
    previously convicted of a criminal offense. In an investigation later conducted, it was discovered that, he had a
    previous conviction of the crime of theft.

    Issue: Whether or not accused is criminally liable.

    Ruling:

    No. The prosecution failed to point to any law or ordinance imposing upon the defendant the legal obligation to
    reveal his previous conviction in filling in the personal data sheet which members of the Manila Police Department
    are required to file. The element, therefore, of "legal obligation" which is necessary in order that the defendant
    may be convicted of the crime of falsification of the public document under Article 171, paragraph 4, of the Revised
    Penal Code, is wanting. The defendant was acquitted.

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