Archive for the 'Criminal Law' Category

Guidelines for the Live Broadcasting by Radio and Television of the Maguindanao Massacre Cases

The Supreme Court, acting on petitions filed by various groups, allowed the live broadcasting by radio and television of the Maguindanao Massacre cases, subject to certain guidelines which are applicable pro hac vice. The guidelines are:

Primer on the Anti-Photo and Video Voyeurism Act of 2009 (RA 9995)

There’s an alarming rise in reported complaints of nude photos, mostly of women, being posted without the consent of the subjects in social networking sites such as facebook. There’s also a proliferation of sex scandals and sex videos. One of the usual complaints filed against the offenders is under Republic Act No. 9995, also known [...]

Hostage-taking, Kidnapping and Serious Illegal Detention

Hostages and hostage-taking. We’ve heard these words in the unfortunate incident in the past few days. If the hostage-taker survived and he is charged, it would not be “hostage-taking”. Let’s have a basic discussion on the appropriate charge.

No One can be Imprisoned for Non-Payment of Debt

Perhaps you’ve heard someone making threats to file criminal cases against debtors who fail to pay. Yet you’ve heard the statement that no one can be imprisoned simply because of a debt. This is a basic principle and we thought we already have a discussion on this topic. We indeed have such discussion but we [...]

Revised Rule on Children in Conflict with the Law

Administrative Matter No. 02-1-18-SC REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases involving children in conflict with the law. A child in conflict with the law is a person who at the time of the commission of the offense [...]

A brief discussion on Infidelity, Concubinage, Adultery and Bigamy

We previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Let’s continue the discussion on [...]

Anti-Trafficking in Persons Act of 2003 (RA 9208): A Primer

(A recent news article warns foreigners from marrying Filipino women in exchange for their kidneys or other organs. Two laws were cited: the law against mail-order brides and Anti-Trafficking in Persons Act of 2003. Since we already have a previous discussion on the prohibition against mail-order brides, let’s have a brief discussion on Republic Act [...]

Obstruction of Justice (PD 1829): Basic Discussion

What is “Obstruction of Justice”? The term is used to refer to the acts punished under Presidential Decree No. 1829 (“Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders”). Full text here.

Presidential Decree No. 1829: Penalizing Obstruction of Apprehension of Criminal Offenders

(Note: Also refer to Obstruction of Justice (PD 1829): Basic Discussion. Full text below.) Presidential Decree No. 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS Whereas, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them;

Primer on the President’s power to grant Pardon

What is pardon? Pardon is “an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the private, though official act of the executive magistrate, delivered to the [...]




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