Published by Atty. Fred September 4th, 2007
in Criminal Law and Obiter/News.
(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 [...]
Under 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 [...]
Published by Atty. Fred July 26th, 2007
in Criminal Law and Obiter/News.
Theft 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 [...]
Published by Atty. Fred July 19th, 2007
in Criminal Law and Obiter/News.
We all know that the case of plunder against former President Joseph Estrada was already submitted for decision. We obviously can’t discuss the merits of the case, as this is sub judice. We don’t want to add to the controversy brought about by the “Erap: Guilty or not Guilty” ads realeased days ago. For everyone’s [...]
Published by Joselito Basilio July 17th, 2007
in Criminal Law and Obiter/News.
During our final examination in Criminal Law II last semester in Harvardian College of Law (Pampanga), the following question was asked:
Harry, an overseas contract worker, arrived from Saudi Arabia with considerable savings. Knowing him to be “loaded,†his friends Jason, Manuel and Dave invited him to a poker session at a rented beach cottage. When [...]
This question was taken from a compilation of bar questions in Lex Libris. The answer is a product of my personal research, hence, only a legal information and in no way constitutes a legal advice to those in similar situations.
Bar Question on Criminal Law 2004:
Facts:
Aki and Ben, while walking together, met Caloy. There was an [...]
Published by jlp July 10th, 2007
in Criminal Law.
(Note: RA 9372 is often referred to as the “Anti-Terror Law” or “Anti-Terrorism Law“. As will be seen in the text of the law, however, this is properly known as the “Human Security Act of 2007.” This law takes effect this coming Sunday, 15 July 2007. Here’s the full text of the law.)
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REPUBLIC ACT NO. [...]
In a recent press statement, Lieutenant Colonel Jose Feliciano Loi noted that under the military justice system, Trillanes should not be going out of his detention cell as in the case of other personnel charged before the military’s general court martial.
The statement suggests that there is no provision in military laws, particularly in the Articles [...]
I often come across debtors dropping the hint of filing, or actually filing, a case for insolvency or bankruptcy just to bring home the (alleged) point that they have nothing more to cough out. It is true that once a petition for insolvency is granted, the debtor-insolvent is discharged from all his existing debts. The [...]
Published by Atty. Fred June 5th, 2007
in Libel.
We previously discussed that the two complaints for libel were dismissed as against RP Nuclei Solutions and Abe Olandres (Part IV). However, the cases were filed in court as against the two other individual respondents (Part III), who were the supposed authors of the allegedly libelous comments (Part II - basic facts).
RP Nuclei Solutions, represented [...]
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