Maybe 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 the holiday falls on a Sunday, the holiday will be observed on the Monday that follows. Still, for movable holidays, the President shall issue a proclamation, at least six months prior to the holiday concerned, the specific date that shall be declared as a nonworking day.
The following are the dates of regular holidays (update: here’s the list of public holidays and declared special non-working holidays for October, November and December 2007, as well as national regular and special holidays for 2008): Continue reading ‘R.A. 9492 - holiday economics, movable holidays’
Published by Atty. Fred July 26th, 2007 in Criminal Law and Obiter/News.
Theft 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 the deprivation of one’s personal property, is the element which produces the felony in its consummated stage. At the same time, without unlawful taking as an act of execution, the offense could only be attempted theft, if at all. Thus, under Article 308 of the Revised Penal Code, theft cannot have a frustrated stage. Theft can only be attempted or consummated. Continue reading ‘There can be no frustrated theft - Supreme Court’
Facts : 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 capital she advanced for the “biyaheros,†Eulalia required them to surrender the Transfer Certificates of Title (TCT) of their properties and to execute the corresponding Deeds of Sale in her favor. Continue reading ‘Spouses Raymundo et. al. vs. Spouses Bandong (G.R. No. 171250, July 4, 2007) - Digest’
(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 other time.” Here’s the full text of President Gloria Arroyo’s 2007 State of the Nation Address [July 23, 2007]. See also SONA-2008)
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Thank you. Thank you very much Speaker De Venecia, Senate President Villar, other newly elected leaders of both Houses, congratulations to you, Senators and Congressmen and Congresswomen. Vice President De Castro, former President Ramos, Chief Justice Puno, our host Mayor, Mayor Sonny Belmonte, other government officials, members of the Diplomatic Corps, ladies and gentlemen. Continue reading ‘State of the Nation Address (SONA 2007; full text)’
(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 petition for habeas corpus has proved not very effective remedy in compelling the state to produce persons thought to be victims of disappearance. Continue reading ‘Writ of Amparo’
There 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 contingencies (as when hearings are postponed for various reasons). It would also depend on the ground or grounds for annulment or declaration of nullity.
I have to write this post because there’s a report that the Supreme Court is considering an accreditation system for psychiatrists and psychologists who examine couples seeking to annul their marriages. The report and testimony of psychiatrists and psychologists are needed should a petitioner seek a declaration of nullity based on Article 36 of the Family Code (Psychological Incapacity). Continue reading ‘Costs in seeking an annulment’
Published by Atty. Fred July 19th, 2007 in Criminal Law and Obiter/News.
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 easy reference, however, let’s discuss plunder.
What is the applicable law on plunder? Plunder is covered by Republic Act No. 7080 (”An Act Defining and Penalizing the Crime of Plunder”), as amended.
Is the law unconstitutional? No. The Supreme Court already ruled in Estrada vs. Sandiganbayan (2001) that RA 7080 is not contrary to the Constitution. Continue reading ‘The Law on Plunder’
Published by Joselito Basilio July 17th, 2007 in Criminal Law and Obiter/News.
During 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 he was losing almost his money which to him was his savings of a lifetime, he discovered that he was being cheated by his friends. Angered by the betrayal, he decided to take revenge on the 3 cheats. Harry ordered several bottles of Tanduay Rhum and gave it to his companions to drink, as they did, until they all fell asleep. When Harry saw his companions already sound asleep, he hacked all of them to death. Continue reading ‘Arson with quadruple homicide and robbery: Is it a complex crime?’
This question was taken from a compilation of bar questions in Lex Libris. The answer is a product of my personal research, hence, only a legal information and in no way constitutes a legal advice to those in similar situations.
Bar Question on Criminal Law 2004:
Facts:
Aki and Ben, while walking together, met Caloy. There was an altercation between Ben and Caloy so that Ben chased and stabbed Caloy with a knife hitting his right arm thereby causing slight physical injury. Ben desisted from further assaulting Caloy, but Aki lunged at Caloy and felled him this time with a bolo which mortally wounded Caloy. Thus, he died.
a) What is the criminal liability of Aki? How about that of Ben? Explain your answers.
Aki is liable for the murder of Caloy. Continue reading ‘Sample Bar Questions (Criminal Law)’
Mediation: Reaching Its Potential In Family Law Cases
Hon. Justice Nimfa Cuesta-Vilches
Assistant Court Administrator
Supreme Court of the Philippines
Manila
Family law case mediation is a form of alternative dispute resolution in a private forum before a case is filed in court or a court-annexed one that is discussed in this article whereby an impartial person, a professional, or a judge in a two-court system helps parties define issues and have a plan to deal with them. A family case mediator sits down with people to discuss options and develop proposals to resolve a dispute. The mediator does not take sides. Every party attends the process and they make all the decision. Mediation sessions are confidential.
Continue reading ‘Mediation: Reaching Its Potential In Family Law Cases’
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