Perhaps you’ve heard someone making threats to file criminal cases against debtors who fail to pay. On the other hand, perhaps you’ve heard about the rule that no one can be imprisoned simply because of a debt in the Philippines. The prohibition against imprisonment for a debt is a basic right enshrined in no less than the Philippine Constitution. Article III of the Constitution reads:
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Revised Rule on Children in Conflict with the Law
[Superseded by 2019 Supreme Court Revised Rule on Children in Conflict with the Law (A.M. No. 02-1-18-SC): Full Text]
Administrative Matter No. 02-1-18-SC
REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW
Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases involving children in conflict with the law.
A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen years old but not less than fifteen (15) years and one (1) day old.
Continue readingBrief Discussion on Infidelity, Concubinage, Adultery and Bigamy
We previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Let’s continue the discussion on these concepts:
Continue readingAnti-Trafficking in Persons Act of 2003 (RA 9208): A Primer
A recent news article warns foreigners from marrying Filipino women in exchange for their kidneys or other organs. Two laws were cited: the law against mail-order brides and Anti-Trafficking in Persons Act of 2003. Since we already have a previous discussion on the prohibition against mail-order brides, let’s have a brief discussion on Republic Act No. 9208, also known as the “Anti-Trafficking in Persons Act of 2003“.
Continue readingObstruction of Justice (PD 1829) in the Philippines: A Summary
Obstruction of justice refers to the commission of acts penalized under Presidential Decree No. 1829 (“Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders”). Any person — whether private or public — who commits the acts enumerated below may be charged with violating PD 1829.
Continue readingPresidential Decree No. 1829: Penalizing Obstruction of Apprehension of Criminal Offenders
[The full text of Presidential Decree No. 1829 is reproduced below. See also Obstruction of Justice (PD 1829): Basic Discussion.]
Presidential Decree No. 1829
Continue readingPrimer on the President’s Power to Grant Pardon
Pardon is “an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the private, though official act of the executive magistrate, delivered to the individual for whose benefit it is intended, and not communicated officially to the Court. A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance.”
Continue readingGuidelines in Imposing Penalties for Libel: Questions and Answers
Libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead. (Article. 353, Revised Penal Code; more discussion here)
Continue readingGuidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (Administrative Circular 08-2008)
[The full text of Administrative Circular No. 08-2008 is reproduced below. See also FAQ and discussion on Online Libel.]
Continue readingCheckpoints and the Right Against Unreasonable Search and Seizure
A checkpoint is something that motorists have to contend with on the road. Only recently, a “concerned Filipino citizen” raised some issues with respect to PNP/AFP checkpoints. The issues raised are valid, as the Supreme Court itself noted that it “has become aware of how some checkpoints have been used as points of thievery and extortion practiced upon innocent civilians. Even the increased prices of foodstuffs coming from the provinces, entering the Metro Manila area and other urban centers, are largely blamed on the checkpoints, because the men manning them have reportedly become “experts” in mulcting travelling traders. This, of course, is a national tragedy.”
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