The Revised Penal Code penalizes adultery, committed by a married woman, and concubinage, committed by a married man. Other than the elements of the offense and the applicable penalties, both adultery and concubinage are covered by basically the same set of rules and, therefore, would be discussed together. Continue reading
Category Archives: Criminal Law
10 Rules to Observe in Checkpoints
The recent shootout or rub-out (depending on the result of the ongoing investigation) in Atimonan, Quezon, brings the focus back to the safety and rights of citizens when flagged by police authorities in checkpoints. All 13 passengers (including police and military officers) of the 2 vehicles died during the shooting incident that happened at the checkpoint. Now that the election period is about to start, more checkpoints will definitely sprout all over the country. Continue reading
Filed under Criminal Law, On the Road, Politics & Society
Why Punish Responsible Owners of Guns?
Let’s start with the figures. In contrast to the 1:500 ratio (1 police officer to every 500 Filipinos) desired by the government, the current ratio is 1:662 nationwide. Of course, that’s not evenly distributed, with the ratio spiking to 1:1,224 in Calabarzon. The Philippine National Police (PNP) is the first to admit that it is undermanned. Continue reading
Filed under Criminal Law, Politics & Society
Anti-Corporal Punishment Bill
I learned only recently that House Bill 4455, or the Positive and Non-Violent Discipline of Children Act, is currently with the Senate after having been approved by the House of Representatives. This proposed law, in my humble opinion, is too much. Continue reading
Filed under Criminal Law, Family Law
Internet Libel under a Suspended Cybercrime Law
The Philippine Daily Inquirer reported that “environmentalists and Internet users have rallied behind Esperlita “Perling” Garcia, an antimining advocate who was arrested on Thursday on libel charges for a purported critical post on Facebook in spite of the Supreme Court’s suspension of the cybercrime law.” Continue reading
Filed under Criminal Law, Internet & Technology
Legalize Prostitution in the Philippines
Legalize prostitution in the Philippines! Saying that in the halls of Congress, and you have to sponsor a bill to amend existing laws related to the legal prohibition of prostitution, is like placing a huge x mark on your forehead. It’ s like political suicide, with a worse backlash suffered by the proponents of the RH Bill from certain religious communities. Continue reading
Filed under Criminal Law, Politics & Society
Cybercrime, Libel and Second Thoughts
The public backlash against the cybercrime bill, or certain parts thereof, must have nudged President Benigno “Noynoy” Aquino to consider the option of removing criminal liability for libel. During the Foreign Correspondents Association of the Philippines (FOCAP) forum the other day, Wednesday, President Aquino said that he favors decriminalizing libel. After signing the Cybercrime Law, with the “brilliantly” inserted provision on libel, President Aquino has changed his mind after one month. Continue reading
Filed under Criminal Law, Internet & Technology
“New Way Gangs Steal, Rape and Kidnap Girls” – Perpetuating a Hoax (So what?)
There’s a message, purportedly coming from the Philippine National Police (PNP), warning everyone about a new modus operandi of lawless elements to rape/kidnap girls and steal. I’ve seen it going around social networking sites, primarily facebook. It reads: Continue reading
Filed under Criminal Law, On the Road, Politics & Society
The Liability of a Person who tries to Commit Suicide, Fails and Kills Someone else
Life is truly more strange than fiction. A member of the phBar community who goes by the name xyckriz brought a very interesting true story to the community’s attention: “A man believed to be suffering from a mental illness jumped off the first Mandaue-Mactan Bridge Wednesday night in an attempt to end his life. He survived the 50-feet jump, but ended up killing a fisherman instead. He landed on the fisherman who had just emerged from the sea.” (As reported in SunStar Cebu). Continue reading
Filed under Criminal Law, Legal Misc
What’s this legal animal called AMLA?
The public is glued to their TV sets, following the blow-by-blow coverage of the impeachment proceedings against Chief Justice Renato Corona in the Senate. The proceedings being legal in nature, new terms and concepts are being thrown around like pancakes. Recently, it’s the AMLA. Continue reading
Filed under Business & Corporate, Criminal Law, Money & Finance
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