Archive for the 'Criminal Law' Category

Hostage-taking, Kidnapping and Serious Illegal Detention

ShareHostages 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

SharePerhaps 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

ShareAdministrative 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

ShareWe 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

Share(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

ShareWhat 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

Share(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

ShareWhat 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 [...]

Guidelines in Imposing Penalties for Libel: Questions and Answers

ShareWhat is libel? Libel is “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.”

Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (Administrative Circular 08-2008)

ShareADMINISTRATIVE CIRCULAR No. 08-2008 TO : ALL JUDGES SUBJECT : GUIDELINES IN THE OBSERVANCE OF A RULE OF PREFERENCE IN THE IMPOSITION OF PENALTIES IN LIBEL CASES. Article 355 of the Revised Penal Code penalizes libel, committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, [...]