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.â€
Archive for the 'Criminal Law' Category
Guidelines in Imposing Penalties for Libel: Questions and Answers
Published by January 30th, 2008 in Libel and Obiter/News. 1 CommentGuidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (Administrative Circular 08-2008)
Published by January 30th, 2008 in Libel and Obiter/News. 1 CommentADMINISTRATIVE 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, [...]
Checkpoints and the right against unreasonable search and seizure
Published by January 21st, 2008 in Criminal Law, Elections and Constitutional Law and Litigation and Labor Law. 6 CommentsA 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
Published by November 28th, 2007 in Criminal Law, Family and Property Law and Immigration Law. 2 CommentsYou 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
Published by October 8th, 2007 in Criminal Law. 0 CommentsSenator 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)
Published by October 4th, 2007 in Criminal Law and Digests. 2 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, Dasmarinas Village, Makati. Roland John Chapman went with them. When they entered the village, Maureen asked Leino to stop about a block [...]
Preliminary Investigation in Criminal Cases
Published by September 17th, 2007 in Criminal Law and Litigation and Labor Law. 7 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 Criminal Law and Obiter/News. 1 Comment(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. Estradaâ€), together with Jose “Jinggoy†Estrada, [...]
The Plunder Law: R.A. 7080 (full text)
Published by September 12th, 2007 in Criminal Law and Obiter/News. 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 [...]
The Anti-Hazing Law (R.A. 8049; full text)
Published by September 4th, 2007 in Criminal Law and Obiter/News. 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 and also posted here.) REPUBLIC ACT No. 8049 AN ACT REGULATING HAZING AND [...]
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