You may be aware of the existence of mail-order brides, although you may not be aware that this is an “industry.” According to a study (The “Mail-Order” Bride Industry and its Impact on U.S. Immigration), funded through the U.S. Immigration and Naturalization Service:
Continue readingCategory Archives: Criminal Law
People vs. Claudio Teehankee, Jr. (Case Digest)
[This is a digest of People vs. Claudio Teehankee, Jr., G.R. Nos. 111206-08, 6 October 1995.]
The facts:
In 1991, Jussi Olavi Leino was taking Maureen Hultman to her home at Campanilla Street, Dasmarinas Village, Makati. Roland John Chapman went with them. When they entered the village, Maureen asked Leino to stop about a block away from her house, as she wanted to walk the rest of the way for she did not want her parents to know that she was going home that late. Leino offered to walk with her while Chapman stayed in the car and listened to the radio.
Continue readingPreliminary Investigation for Criminal Cases in the Philippines
At the outset, let’s remove any possibility of misunderstanding that may be caused by the title of this post. The reference to a “preliminary investigation in criminal cases” does not imply that there’s a preliminary investigation in civil cases – there’s none. Preliminary investigation is a part of the rules of criminal procedure. Simply stated, it’s available ONLY in criminal cases.
Continue readingPeople of the Philippines vs. Joseph Ejercito Estrada, et al. (Sandiganbayan, Criminal Case No. 26558 [Plunder], 12 September 2007)
[This is a digest of the Plunder Case against former President Joseph Estrada, Senator Jinngoy Estrada and Atty. Edward Serapio. The findings of facts will be covered in subsequent posts.]
The Plunder Law: R.A. 7080 (full text)
[See Philippine Plunder Law. The full text of Republic Act No. 7080 is reproduced below.]
Continue readingThe Anti-Hazing Law (Republic Act No. 8049): Full Text
[The recent death of a graduating U.P. student, Cris Mendez, again places the spotlight on the Anti-Hazing Law. It’s unfortunate that every time this law is discussed, it’s almost always after somebody dies. The full text of RA 8049 is reproduced below and also posted here.]
Continue readingThe Human Security Act and the Right to Sue the State
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 readingThere Can be No Frustrated Theft: Supreme Court
Theft cannot have a frustrated stage, according to the Supreme Court in a recent case. Theft can only be attempted or consummated.
Continue readingThe Law on Plunder in the Philippines
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.
Continue readingHuman Security Act of 2007 (Republic Act No. 9372): Full Text
[Note: RA 9372 is often referred to as the “Anti-Terror Law” or “Anti-Terrorism Law“. As will be seen in the text of the law, however, this is properly known as the “Human Security Act of 2007.” This law takes effect this coming Sunday, 15 July 2007. Here’s the full text of the law.]
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