Share
(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)’
Share
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’
Published by Atty. Fred August 1st, 2007 in Litigation and Labor Law.
Share
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’
Share
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’
Share
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 under RA 9492 (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):
New year’s Day (January 1)
Maundy Thursday (Movable date)
Good Friday (Movable date)
Eidul Fitr (Movable date)
Araw ng Kagitingan (Monday nearest April 9
(Bataaan and Corregidor Day)
Labor Day (Monday nearest May 1)
Independence Day (Monday nearest June 12)
National Heroes Day (Last Monday of August)
Bonifacio Day (Monday nearest November 30)
Christmas Day (December 25)
Rizal Day (Monday nearest December 30)
On the other hand, the following are nationwide special holidays:
Ninoy Aquino Day (Monday nearest August 21)
All Saints Day (November 1)
Last Day of the Year (December 31)
As expected, some welcome this new law, while others criticize it. What do you think?
Published by Atty. Fred July 26th, 2007 in Criminal Law and Obiter/News.
Share
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’
Share
(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; SONA 2009; SONA 2010)
——————————
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)’
Share
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.
Share
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’
Share
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)’
Recent Comments