“Iqbal’s alleged use of aliases violates law — solon,” states the caption of a news article, referring to the allegation of Davao City Representative Carlo Nogales that the use of an alias by MILF Spokesman Mohagher Iqbal, apparently not his real name, in official documents “violates the Revised Penal Code and the Anti-Alias law which prohibit the use of pseudonyms in public documents.” It might be helpful to have a summary of the laws the penalize the use of aliases. Continue reading
Category Archives: Criminal Law
Criminal Complaints and Damages from Malicious Prosecution
If the respondent (the person against whom the complaint is filed) in a criminal complaint wins, which means that the complaint is dismissed, is the respondent entitled to payment by the complainant (the person who filed the complaint)? Continue reading
Premature Marriage No Longer a Crime
The death of either spouse dissolves the marital bond (same effect with annulment or declaration of nullity). This simply means that, subject to compliance with certain requirements, the husband or the wife is free to marry again. There is no legal obstacle for remarriage (and we’ve heard of a plot or two involving a spouse who wants to kill the other spouse so he/she can marry another person). Men may remarry right away. Women, on the other hand, must wait for 301 days or, if pregnant at the time of the husband’s death, must wait until childbirth, before they can remarry. Continue reading
What You Need to Know Under the “Anti-Drunk and Drugged Driving Act of 2013” (Republic Act 10586): A Primer
The first arrest under Republic Act No. 10586 (also known as the “Anti-Drunk and Drugged Driving Act of 2013? and its Implementing Rules and Regulations was made in March 2015. Whether one subscribes to the policy behind the new law or one would simply avoid the penalty of imprisonment that comes with violations of this law, it is always helpful to be familiar with its basic provisions. After all, ignorance of the law excuses no one. Continue reading
Implementing Rules and Regulations (IRR): Anti-Drunk and Drugged Driving Act of 2013 (RA 10586)
IMPLEMENTING RULES AND REGULATIONS
Republic Act No. 10586
“An Act Penalizing Persons Driving Under The Influence Of Alcohol, Dangerous Drugs, And Similar Substances, And For Other Purposes”
Otherwise known as the “Anti-Drunk and Drugged Driving Act of 2013“
I. INTRODUCTION
Anti-Drunk and Drugged Driving Act of 2013 (RA 10586)
[See also: Primer on RA 10586 and the Implementing Rules and Regulations (IRR): Anti-Drunk and Drugged Driving Act of 2013 (RA 10586; full text)]
REPUBLIC ACT NO. 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
SECTION 1. Short Title. – This Act shall be known as the “Anti-Drunk and Drugged Driving Act of 2013?. Continue reading
Rule on Violence Against Women and their Children (A.M. No. 04-10-11-SC)
EN BANC
A.M. No. 04-10-11-SC
RE: RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
RESOLUTION
Acting on the report of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed Rule on Violence Against Women and Their Children, the Court Resolved to APPROVE the same. Continue reading
Cybercrimes under the Cybercrime Prevention Act of 2012 (RA 10175)
The Cybercrime Prevention Act of 2012 (Republic Act No. 10175, An Act Defining Cybercrime, Providing For The Prevention, Investigation, Suppression And The Imposition Of Penalties Therefor And For Other Purposes) was signed by President Aquino on 12 September 2012. It will take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Continue reading
Guidelines for the Live Broadcasting by Radio and Television of the Maguindanao Massacre Cases
The Supreme Court, acting on petitions filed by various groups, allowed the live broadcasting by radio and television of the Maguindanao Massacre cases, subject to certain guidelines which are applicable pro hac vice. The guidelines are: Continue reading
Primer on the Anti-Photo and Video Voyeurism Act of 2009 (RA 9995)
There’s an alarming rise in reported complaints of nude photos, mostly of women, being posted without the consent of the subjects in social networking sites such as facebook. There’s also a proliferation of sex scandals and sex videos. One of the usual complaints filed against the offenders is under Republic Act No. 9995, also known as the “Anti-Photo and Video Voyeurism Act of 2009“. Here’s a primer on this anti-voyeurism law. Continue reading