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 July, 2007
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 CommentsR.A. 9492 - holiday economics, movable holidays
Published by July 26th, 2007 in Corporate and Investments, Litigation and Labor Law and Obiter/News. 8 CommentsMaybe you’ve heard of the new law (Republic Act No. 9492) that seeks to “rationalize” the celebration of national holidays in the Philippines. The new law makes majority of the holidays “movable” to Mondays. In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week. If [...]
There 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 is [...]
Spouses Raymundo et. al. vs. Spouses Bandong (G.R. No. 171250, July 4, 2007) - Digest
Published by July 25th, 2007 in Corporate and Investments and Digests. 3 CommentsFacts : Eulalia Raymundo (Eulalia) was engaged in the business of buying and selling large cattle for which she employed “biyaheros†whose task involved the procuring of large cattle with the financial capital provided by petitioner and delivering the procured cattle to her for further disposal. In order to secure the financial [...]
State of the Nation Address (SONA 2007; full text)
Published by July 23rd, 2007 in Elections and Constitutional Law and Obiter/News. 0 Comments(The State of the Nation Address or “SONA” is given by the President before a joint session of both houses of Congress, pursuant to Article VII, Section 23 of the 1987 Constitution, which reads: “The President shall address the Congress at the opening of its regular session. He may also appear before it at any [...]
Writ of Amparo
Published by July 21st, 2007 in Elections and Constitutional Law and Obiter/News. 6 Comments(Added: Full text of The Rule on the Writ of Amparo or the Questions and Answers)
Concerned about the growing number of cases of disappearance in the country, the Supreme Court (SC) now contemplates introducing the writ of amparo into the legal system to give more protection to constitutional rights of a person as the [...]
Costs in seeking an annulment
Published by July 20th, 2007 in Annulment and Legal Separation. 11 CommentsThere are a lot of questions posted in this Forum as to the cost or fee for an annulment procedure. The standard reply is: it depends. We could not possibly speak for the standard fees charged by all lawyers and the costs would normally go up if the case drags on as a result of [...]
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 [...]
Arson with quadruple homicide and robbery: Is it a complex crime?
Published by July 17th, 2007 in Criminal Law and Obiter/News. 0 CommentsDuring 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 [...]
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