The Subic Rape Case again puts the spotlight on the crime of rape. As comments on the merits of the case are not allowed, let us discuss the crime of rape. The salient points of the Anti-Rape Law of 1997 (Republic Act No. 8353) are discussed below.
Continue readingWe wrote that on 24 June 2006, President Gloria Macapagal-Arroyo signed into law Republic Act No. 9346, entitled ‘An Act Prohibiting the Imposition of Death Penalty in the Philippines‘. Let’s examine the Supreme Court decisions after the abolition of the Death Penalty.
Continue reading(This is written by Dean Jorge Bocobo at Philippine Commentary, reposted here with his permission. Also known as “Rizalist”, DJB is one of the respected writers around).
Anti-terrorism laws unavoidably entail some curtailment of the general public’s freedoms. But hardly anyone objects very strenuously even to draconian countermeasures when a credible threat is demonstrated, as in the case of a ban on carrying on-board commercial aircraft, components of liquid improvised explosives in the foiled London airliner bombing conspiracy. But last week, Senate Minority Leader Aquilino Pimentel and Rep. Nereus Acosta, vice chairman of the House Foreign Affairs Committee declared their intention to hold up, once more, the passage into Law of the long-debated Anti-Terrorism Bill because they say the authorities may use it against legitimate political and opposition leaders. On ABSCBN/ANC last night, Twink Macaraeg’s televised one-on-one debate between National Security Undersecretary Ricardo Blancaflor and the Secretary General of Bagong Alyansang Makabayan (Bayan) Renato Reyes, also revolved around the issue of how the defense of human and civil rights ought to be conducted while the international community fights a war on international terrorism. Although Neric Acosta seems comfortable endlessly debating “the definition of terrorism” as an irresolvable or inescapable rut, his, is really a cop-out position. Nene Pimentel touches on more substantive civil libertarian issues by invoking the ghost of martial laws past and the Marcosian legacy of officially denied salvagings, unexplained desaparecidos … and other human rights atrocities of the recent past. The concerns of both legislators are serious, but can, and have already been amply addressed during the debates over the anti-terror bill. I might only add the following thoughts:
(1) The concern for human and civil rights during the implementation of a new anti-terror law can be addressed in the same way that Sen. Lorenzo M. Tanada, in crafting the 1965 Anti-Wiretapping Law allowed for the legitimate use of electronic eavesdropping on citizens for intelligence and national security purposes, by placing such special operations under the supervision and jurisdiction of the Courts.
Continue readingWe see the explosion of e-groups, blogs, message boards and other fora wherein people share facts, views and opinions. With respect to established institutions, particularly newspapers, the Online Journalism Review reports how the Washingtonpost.com made good use of the internet to expand the reach and revenue of its parent paper. Gauging from the number of advertisements in Inq7.net, the same may as well hold true in the Philippine setting.
Continue readingAs reported in BBC News, the United States Supreme Court stopped the execution of a death convict, pending a determination if the chemicals to be used in the execution would cause pain (based on the constitutional prohibition against cruel and unusual punishment). The challenge, however, is not based on the argument that the death penalty per se is unconstitutional.
Continue readingThe concept of networking, whether in the virtual or real world, is basically the same. The purposes may be different (e.g., professional, personal, business, dating), but the general concept is the same – to link people/entities for optimum utilization of resources. In the real world (and in this side of the world), we have been exposed to the more common kind of business networking: the multi-level marketing (MLM).
Continue readingThere are persistent questions on the effect of a petition for annulment or a declaration of nullity of marriage on a criminal case for bigamy. It is time to have a discussion on this subject matter (see below).
Continue reading(This is written by Judge Don Navarro, reproduced here with his express permission.)
I recently had the opportunity to ask Justice Hilarion Aquino about remedies available to an offended party where the information had been dismissed outright for lack of probable cause (see Got Cause?).
A hot topic of discussion among judges that they could not resolve by themselves was whether or not the offended party could still prosecute the civil claim. Continue reading
Through all the family cases that we have handled, we have come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/separation/property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it is easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.
Continue reading[This entry was posted by Judge Don Navarro at his site (“Got Cause?”) and reproduced here with his express permission.]
One motion quickly gaining favour among lawyers after the 2000 Rules of Criminal Procedure came into effect is the “Motion for Determination of Probable Cause” to hold the accused for trial.
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