As 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 [...]
Archive for the ‘Crime & Punishment’ Category
Libel for Bloggers: Liability Arising from Blog Comments
Note: Comments and trackbacks are closed because this article will be transferred to the Internet Advocates Philippines.)
We see the explosion of e-groups, blogs, message boards and other fora wherein people share facts, views and opinions in cyberspace. If we consider the huge amount of content written by and about almost everyone in the internet, it [...]
SC issues Guidelines for Imposition of Libel Penalties
The Supreme Court has just issued Administrative Circular No. 08-2008, providing for Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases. Trial courts may, in its discretion and based on the peculiar circumstances of each case, impose only a fine, instead of imprisonment.
Ponzi Scheme: The Panata Foundation and Menil Cases
There are of discussions on the Ponzi and pyramiding scams at the Pinoy Entrepreneurs blog (see “Scams and Schemes“). There’s a discussion of an actual case, the Panata Foundation case. The 2000 case of People vs. Menil, Jr. involves a strikingly similar scheme. It’s really amazing how this scam still works despite almost a [...]
The Sandiganbayan has spoken: Former President Joseph Estrada is guilty of Plunder
A few minutes ago, the Sandiganbayan promulgated its verdict in the cases against former President Joseph “Erap” Ejercito Estrada, Senator Jose “Jinggoy” Estrada and Atty. Edward Serapio. President Estrada is NOT guilty for the charge of perjury, while both Senator Jinggoy Estrada and Atty. Serapio are NOT guilty with the charge of plunder.
Blawggers, Hazing and Fraternities
Many blawggers have cleared the path even before I stumbled on blogging almost two years ago. Lately, I’ve discovered a number of blawgs, and I use this term loosely to refer to blogs that are written by lawyers or students of law.
No such thing as FRUSTRATED theft
The SC en banc recently ruled that there’s no such thing as FRUSTRATED theft:
Indeed, we have, after all, held that unlawful taking, or apoderamiento, is deemed complete from the moment the offender gains possession of the thing, even if he has no opportunity to dispose of the same. Insofar as we consider the present question, [...]
Terrorized by the Anti-Terrorism Law?
Republic Act 9372, which takes effect this coming Sunday (15 July 2007), 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 law is properly known as the “Human Security Act of 2007.”
By this time, you’ve heard of the numerous opinions [...]
Legal Support for the Child and R.A. 9262
Through all the family cases that we’ve handled, we’ve 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’s easily understandable that custody is one [...]
Insolvency and Criminal Cases
One concern of creditors in filing a case for collection is the possibility of getting nothing in the end because the debtor has no properties to satisfy the judgment award, while spending more money for legal fees. A pyrrhic victory, so to speak. In fact, I often come across debtors dropping the hint of filing, [...]
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