Senator Miriam Defensor Santiago filed a bill to amend the Anti-Hazing Law, seeking to penalize the failure to report acts of hazing. The amendment contained in Senate Bill No. 1210 proposes to incorporate a new subsection in Republic Act No. 8049, Article 4-A, to read as follows:
Any person who knows that another person is the […]
Archive for the 'Criminal Law' Category
Senate Bill 1210: Penalizing the failure to report acts of hazing
Published by October 8th, 2007 in Criminal Law. 0 CommentsPeople vs. Claudio Teehankee, Jr. (Case Digest)
Published by October 4th, 2007 in Criminal Law and Digests. 0 Comments(This is a digest of People vs. Claudio Teehankee, Jr., G.R. Nos. 111206-08, 6 October 1995)
The facts:
In 1991, Jussi Olavi Leino was taking Maureen Hultman to her home at Campanilla Street, Dasmariñas Village, Makati. Roland John Chapman went with them. When they entered the village, Maureen asked Leino to stop about a block away from […]
Preliminary Investigation in Criminal Cases
Published by September 17th, 2007 in Litigation and Labor Law and Criminal Law. 0 CommentsAt the outset, let’s remove any possibility of misunderstanding that may be caused by the title of this post. The reference to a “preliminary investigation in criminal cases” does not imply that there’s a preliminary investigation in civil cases - there’s none. Preliminary investigation is a part of the rules of criminal procedure. Simply stated, […]
People of the Philippines vs. Joseph Ejercito Estrada, et al. (Sandiganbayan, Criminal Case No. 26558 [for Plunder], 12 September 2007)
Published by September 13th, 2007 in Obiter/News and Criminal Law. 0 Comments(This is a digest of the Plunder Case against former President Joseph Estrada, Senator Jinngoy Estrada and Atty. Edward Serapio. The findings of facts will be covered in subsequent posts.)
BASIC FACTS
In 2001, an Information for plunder was filed against former President Joseph Ejercito Estrada (“FPres. Estrada”), together with Jose “Jinggoy” Estrada, Charlie ‘Atong” Ang, Edward […]
The Plunder Law: R.A. 7080 (full text)
Published by September 12th, 2007 in Obiter/News and Criminal Law. 0 Comments(There is already a discussion on the Philippine Plunder Law. Nevertheless, for the convenience of everyone, the full text of the law is reproduced below)
Republic Act No. 7080
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Section 1. Definition of terms. As used in this Act, the term -
1. “Public Officer” means any person holding […]
The Anti-Hazing Law (R.A. 8049; full text)
Published by September 4th, 2007 in Obiter/News and Criminal Law. 0 Comments(The recent death of a graduating U.P. student, Cris Mendez, again places the spotlight on the Anti-Hazing Law. It’s unfortunate that every time this law is discussed, it’s almost always after somebody dies. The full text of RA 8049 is reproduced below.)
REPUBLIC ACT No. 8049AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN […]
The Human Security Act and the right to Sue the State
Published by July 31st, 2007 in Elections and Constitutional Law and Criminal Law. 0 CommentsUnder the Human Security Act of 2007 (RA 9327), the accused who is acquitted from the charge shall be entitled to damages in the amount of P500,000 for each day that he has been detained. The Human Security Act also provides for detailed mechanism on how the damages should be paid. The pertinent provision of […]
There can be no frustrated theft - Supreme Court
Published by July 26th, 2007 in Obiter/News and Criminal Law. 0 CommentsTheft cannot have a frustrated stage, according to the Supreme Court in a recent case. Theft can only be attempted or consummated.
According to the SC, unlawful taking is deemed complete from the moment the offender gains possession of the thing, even if he has no opportunity to dispose of the same. Unlawful taking, which is […]
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