Serious crime refers to: (1) parricide; (2) murder; (3) infanticide; (4) kidnapping and serious illegal detention where the victim is killed or raped; (5) robbery with homicide or rape; (6) destructive arson; (7) rape; (8) carnapping where the driver or occupant is killed or raped; and (9) offenses under Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, punishable by more than 12 years of imprisonment.
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Procedure for Taking the Child into Custody: Rule on Children in Conflict with the Law
A child in conflict with the law is one who is below 18 years old and alleged as, accused of, or adjudged as having committed an offense under Philippine Laws (see also Primer on the 2019 Supreme Court Revised Rule on Children in Conflict with the Law). From the moment a child is taken into custody, the law enforcement officer shall:
Continue readingRights of a Child Under Custody: Rule on Children in Conflict with the Law
At the custodial investigation, a child who has been taken into custody shall have the following rights:
Continue readingRights of the Child in Conflict with the Law
A child in conflict with the law is one who is below 18 years old, alleged as, accused of, or adjudged as having committed an offense under Philippine Laws [see also Primer on the 2019 Supreme Court Revised Rule on Children in Conflict with the Law). In all criminal proceedings, the child in conflict with the law shall have the following rights, which shall be respected and protected by the court:
Continue reading2019 Supreme Court Revised Rule on Children in Conflict with the Law (A.M. No. 02-1-18-SC): Full Text
[The full text of the 2019 Supreme Court Revised Rule on Children in Conflict with the Law is reproduced below. See also Primer on the Revised Rule and Conduct of Trial for Children in Conflict with the Law.]
Continue readingEffects of Non-Use of Corporate Charter and Continuous Inoperation
Section 21 of the Revised Corporation Code (Republic Act No. 10132) provides that if a corporation does not formally organize and commence its business within 5 years from the date of its incorporation, its certificate of incorporation shall be deemed revoked as of the day following the end of the 5-year period.
Continue readingGlossary: Data Privacy, Internet, Technology and Cybercrimes
[Definitions or characterizations provided in Republic Act No. 10173 (Data Privacy Act of 2012) and Republic Act No. 10175 (Cybercrime Prevention Act of 2012), Republic Act No. 8792 (Electronic Commerce of 2000), as well as the respective Implementing Rules and Regulations of these laws, including the Rule on Cybercrime Warrants.]
Continue readingLand Ownership in the Philippines by Natural-Born Former Filipinos
Filipinos who lost their Philippine citizenship are generally treated as a foreigner. Natural-born Filipinos who lost their Philippine citizenship, however, retain some rights, in particular relating to the ownership of private lands in the Philippines. This is discussed below.
Continue readingElection of Directors or Trustees under the Revised Corporation Code
As provided under the Revised Corporation Code, the elected directors or trustees shall perform their duties as prescribed by law, rules of good corporate governance, and bylaws of the corporation.
Continue readingBylaws under the Revised Corporation Code
For the adoption of bylaws by the corporation, the affirmative vote of the stockholders representing at least a majority of the outstanding capital stock, or of at least a majority of the members in case of nonstock corporations, shall be necessary.
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