Hostages and hostage-taking. We’ve heard these words in the unfortunate incident in the past few days. If the hostage-taker survived and he is charged, it would not be “hostage-taking”. Let’s have a basic discussion on the appropriate charge. Continue reading
Perhaps you’ve heard someone making threats to file criminal cases against debtors who fail to pay. Yet you’ve heard the statement that no one can be imprisoned simply because of a debt. This is a basic principle and we thought we already have a discussion on this topic. We indeed have such discussion but we forgot to post it here. So here goes. Continue reading
Administrative Matter No. 02-1-18-SC
REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW
Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases involving children in conflict with the law.
A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen years old but not less than fifteen (15) years and one (1) day old.
This Rule shall not apply to a person who at the time of the initial contact as defined in Sec. 4(q) of this Rule shall have reached the age of eighteen (18) in which case, the regular rules on criminal procedure shall apply without prejudice to the rights granted under Secs. 53, 54, 55 and 56 of this Rule. Continue reading
We previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Let’s continue the discussion on these concepts: Continue reading
(A recent news article warns foreigners from marrying Filipino women in exchange for their kidneys or other organs. Two laws were cited: the law against mail-order brides and Anti-Trafficking in Persons Act of 2003. Since we already have a previous discussion on the prohibition against mail-order brides, let’s have a brief discussion on Republic Act No. 9208, also known as the “Anti-Trafficking in Persons Act of 2003“.) Continue reading
What is “Obstruction of Justice”?
The term is used to refer to the acts punished under Presidential Decree No. 1829 (“Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders”). Full text here. Continue reading
(Note: Also refer to Obstruction of Justice (PD 1829): Basic Discussion. Full text below.)
Presidential Decree No. 1829
PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS
Whereas, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them; Continue reading
What is pardon?
Pardon is “an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the private, though official act of the executive magistrate, delivered to the individual for whose benefit it is intended, and not communicated officially to the Court. A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance.” Continue reading
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.†Continue reading
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, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, with prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party. Continue reading