Archive for the 'Criminal Law' Category

Guidelines in Imposing Penalties for Libel: Questions and Answers

What 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)

ADMINISTRATIVE 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, [...]

Checkpoints and the right against unreasonable search and seizure

A checkpoint is something that motorists have to contend with on the road. Only recently, a “concerned Filipino citizen” raised some issues with respect to PNP/AFP checkpoints. The issues raised are valid, as the Supreme Court itself noted that it “has become aware of how some checkpoints have been used as points of thievery and [...]

Prohibition against Mail-Order Brides

You may be aware of the existence of mail-order brides, although you may not be aware that this is an “industry.” According to a study (The “Mail-Order” Bride Industry and its Impact on U.S. Immigration), funded through the U.S. Immigration and Naturalization Service:

Senate Bill 1210: Penalizing the failure to report acts of hazing

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:

People vs. Claudio Teehankee, Jr. (Case Digest)

(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

At 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)

(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
On 4 April 2001, an Information for plunder was filed against former President Joseph Ejercito Estrada (“FPres. Estrada”), together with Jose “Jinggoy” Estrada, Charlie ‘Atong” [...]