Archive for the 'Criminal Law' Category



The Law on Plunder

Share 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 [...]

Sample Bar Questions (Criminal Law)

Share 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 [...]

R.A. 9372 – Human Security Act of 2007 (full text)

Share (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.) ——————————————————– [...]

Criminal Cases and Insolvency

Share 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. [...]

Anatomy of an Internet Libel Case (Part V)

Share 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 [...]

Anatomy of an Internet Libel Case (Part IV)

Share This is the fourth of a six-part series discussing two complaints for internet libel. As stated in Part I (Introduction), this part will focus on the resolution in favor of Abe Olandres and the RP Nuclei Solutions, Inc. As noted in Part II (basic facts of the complaints), RP Nuclei Solutions, Inc. was impleaded [...]

Anatomy of an Internet Libel Case (Part III)

Share In this part of this six-part series, we will discuss the defenses raised by the main respondent in one of the two libel complaints filed before the Pasig City Prosecutor’s Office. You may also read Parts I, II, IV, V, and VI. In his Counter-Affidavit, the main respondent claims that the complaint is merely [...]

Anatomy of an Internet Libel Case (Part II)

Share As noted in Part I of this series, the basic facts of the complaints are discussed here, in Part II. There were actually two complaints for libel – one for each of the two main respondents – before the Pasig City Prosecutor’s Office. The complaints are based on Article 353 of the Revised Penal [...]

Anatomy of an Internet Libel Case (Part I)

Share The recent incoming link (at my other site) from Abe’s site alerted me to his post on surviving a libel suit. Considering that the cases – there were two consolidated libel cases – had been dismissed as against Abe, and considering that there’s no motion for reconsideration/appeal filed by any of the parties involved [...]

Arrests and the Miranda Rights

Share You always see it on TV and the movies. The police, after cornering the suspect, bellows out: “Freeze a**hole! You have the right to remain silent. Anything you say can and will be used against you in the court of law.” This lump of rights, plus the right to counsel and sans the “freeze”, [...]




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