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 January, 2008
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. 0 CommentsADMINISTRATIVE 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, [...]
Annulment in the Philippines: Questions and Answers (Part 3)
Published by January 29th, 2008 in Annulment and Legal Separation. 37 CommentsMy fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my “wife” is already using my surname in her documents, including her passport. Am I considered as “married”?
No. A marriage license is valid only for 120 days, and any marriage contracted after that period is [...]
Branches of the Philippine Government: Separation of Powers
Published by January 29th, 2008 in Elections and Constitutional Law. 0 CommentsThe Philippines is a democratic and republican state. As a republican state, sovereignty resides in the People and all government authority emanates from them (Constitution, Art. III, Sec. 1). “A Republican form of government rests on the conviction that sovereignty should reside in the people and that all government authority must emanate from them. [...]
Last Will and Testament: Basic Discussion
Published by January 26th, 2008 in Family and Property Law and Tax and Estate Law. 0 CommentsThe settlement of a person’s estate after his/her death, based on our experience, is potentially one of the more bitter litigations. It’s never good to see relatives fighting each other. Some persons, with the intent of controlling the disposition of his/her properties after his/her death (and hopefully prevent fighting among his/her heirs over the properties [...]
It may seem improper to talk about love in a legal forum, particularly considering that among the most popular articles relate to annulment, legal separation and divorce. Still, Valentines, February 14, is just around the corner and there could be no serious objections why we could not talk about this “gentle and universal emotion.” Besides, [...]
The Mendiola Massacre: What Happened according to Jurisprudence
Published by January 22nd, 2008 in Elections and Constitutional Law, Litigation and Labor Law and Obiter/News. 0 CommentsToday, 22 January 2008, marks the 21st anniversary of what has been dubbed as the “Mendiola Massacre.” An entire generation may not be aware of, and many could have already forgotten, what transpired on that date. In the words of the Supreme Court: “People may have already forgotten the tragedy that transpired on January 22, [...]
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. 5 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 [...]
The Basic Elements of Contracts
Published by January 18th, 2008 in Corporate and Investments. 3 CommentsIf a contract brings you to court, it’s a poorly-prepared contract. The rationale for this statement is this - if the rights and obligations of the parties are clearly provided and defined, there’s a lesser chance of misinterpretation. This, of course, is not necessarily true. Even a carefully drafted contract, prepared by the big law [...]
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