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 [...]
Archive for the 'Criminal Law' Category
The Human Security Act and the right to Sue the State
Published by July 31st, 2007 in Criminal Law and Elections and Constitutional Law. 0 CommentsThere can be no frustrated theft – Supreme Court
Published by July 26th, 2007 in Criminal Law and Obiter/News. 0 CommentsTheft 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 [...]
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 [...]
R.A. 9372 – Human Security Act of 2007 (full text)
Published by July 10th, 2007 in Criminal Law. 23 Comments(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.) ——————————————————– REPUBLIC [...]
Criminal Cases and Insolvency
Published by June 25th, 2007 in Banking, Corporate and Investments and Criminal Law. 0 CommentsI 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 [...]
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, [...]
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 as [...]
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 a [...]
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 Code, [...]
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