At the outset, let’s remove any possibility of misunderstanding that may be caused by the title of this post. The reference to a “preliminary investigation in criminal cases” does not imply that there’s a preliminary investigation in civil cases - there’s none. Preliminary investigation is a part of the rules of criminal procedure. Simply stated, it’s available ONLY in criminal cases.
What is Preliminary Investigation?
Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. Continue reading ‘Preliminary Investigation in Criminal Cases’
Published by Atty. Fred September 13th, 2007 in Criminal Law and Obiter/News.
(This is a digest of the Plunder Case against former President Joseph Estrada, Senator Jinngoy Estrada and Atty. Edward Serapio. The findings of facts will be covered in subsequent posts.)
BASIC FACTS
On 4 April 2001, an Information for plunder was filed against former President Joseph Ejercito Estrada (“FPres. Estradaâ€), together with Jose “Jinggoy†Estrada, Charlie ‘Atong†Ang, Edward Serapio, Yolanda T. Ricaforte, Alma Alfaro, Eleuterio Tan, a.k.a. Eleuterio Ramos Tan or Mr. Uy, Jane Doe a.k.a. Delia Rajas, and John & Jane Does, for the crime of Plunder defined and penalized under R.A. No. 7080, as amended by Sec. 12 of R.A. No. 7659. The Information was subsequently amended, as follows: Continue reading ‘People of the Philippines vs. Joseph Ejercito Estrada, et al. (Sandiganbayan, Criminal Case No. 26558 [for Plunder], 12 September 2007)’
Published by jlp September 12th, 2007 in Criminal Law and Obiter/News.
(There is already a discussion on the Philippine Plunder Law. Nevertheless, for the convenience of everyone, the full text of the law is reproduced below)
Republic Act No. 7080
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Section 1. Definition of terms. As used in this Act, the term -
1. “Public Officer” means any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract.
2. “Government” includes the National Government, and any of its subdivisions, agencies or instrumentalities, including government-owned or controlled corporations and their subsidiaries.
3. “Person” includes any natural or juridical person, unless the context indicates otherwise.
4. “Ill-gotten wealth” means any asset, property, business enterprise or material possession of any person within the purview of Section two (2) hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: Continue reading ‘The Plunder Law: R.A. 7080 (full text)’
Published by Atty. Fred September 4th, 2007 in Criminal Law and Obiter/News.
(The recent death of a graduating U.P. student, Cris Mendez, again places the spotlight on the Anti-Hazing Law. It’s unfortunate that every time this law is discussed, it’s almost always after somebody dies. The full text of RA 8049 is reproduced below and also posted here.)
REPUBLIC ACT No. 8049
AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND ORGANIZATIONS AND PROVIDING PENALTIES THEREFORE.
Be enacted by Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Hazing as used in this Act is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him/her to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him/her to physical or psychological suffering or injury. Continue reading ‘The Anti-Hazing Law (R.A. 8049; full text)’
The Supreme Court, just yesterday, laid down guidelines on the solemnization of marriage by the members of the Judiciary. These guidelines are meant to address the controversies in connection with alleged irregular solemnization of marriages by judges.
The guidelines, as contained in Administrative Order No. 125-2007 (”Guidelines on the Solemnization of Marriage by the Members of the Judiciary“, 9 August 2007), include the following Continue reading ‘Guidelines on Judicial Solemnization of Marriage’
(Social Justice Society, et al. vs. Atienza, Jr., G.R. No. 156052, 7 March 2007; Corona, J.; First Division) - Digest
Facts: On November 20, 2001, the Sangguniang Panlungsod of Manila enacted Ordinance No. 8027, which ordinance became effective on December 28, 2001, after its publication. Ordinance No. 8027 reclassified the area described therein from industrial to commercial and directed the owners and operators of businesses disallowed under Section 1 to cease and desist from operating their businesses within six months from the date of effectivity of the ordinance. Among the businesses situated in the area are the so-called “Pandacan Terminals†of the oil companies Caltex, Petron and Shell. Continue reading ‘Duty of mayors to enforce laws and ordinances (case digest)’
There’s a storm brewing over the grant of emergency powers in favor of the President to address the issue on water and power shortage in the face of a drought. Let’s not discuss the merits of such grant, but let’s discuss the Constitutional basis thereof.
Emergency, as a generic term, connotes the existence of conditions suddenly intensifying the degree of existing danger to life or well-being beyond that which is accepted as normal. Implicit in this definitions are the elements of intensity, variety, and perception. Emergencies, as perceived by legislature or executive in the United Sates since 1933, have been occasioned by a wide range of situations, classifiable under 3 principal heads: (a) economic; (b) natural disaster; and (c) national security. Continue reading ‘Emergency powers of the President’
Family courts are vested with original exclusive jurisdiction in custody cases, not in habeas corpus cases. The Court of Appeals (CA) and the Supreme Court (SC) had not been divested of their jurisdiction over habeas corpus cases involving custody of minors. This is the issue in the case discussed below. Continue reading ‘Jurisdiction in habeas corpus cases involving custody of minors’
Published by Atty. Fred August 1st, 2007 in Litigation and Labor Law.
What some call as “holiday economics” will be felt, doubly felt, this month of August. Congress passed a new law (RA 9492), providing for “movable holidays”. Two movable holidays fall on the month of August - Ninoy Aquino Day Monday nearest August 21, which is August 20) and National Heroes Day (last Monday of August, which is August 27). (Update: Please note Proclamation No. 1353, which is conspicuously silent regarding the National Heroes Day). Continue reading ‘Long August weekends ahead; computation of holiday pay’
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 the Human Security Act reads:
Continue reading ‘The Human Security Act and the right to Sue the State’
Recent Comments