Category Archives: Criminal Law

A Primer on the Anti-Red Tape Act of 2007 (Republic Act 9485)

Posted on July 29, 2011 by Atty. Fred| 1 Comment

The existence of red tape is known to almost every Filipino that transacts with government offices, yet only a small percentage of them probably knows that a law exists to eliminate red tape and punish the culprits in perpetuating it. Congress enacted Republic Act No. 9485, also known as the “Anti-Red Tape Act of 2007“. If you want the longer title, it’s “An Act to Improve Efficiency in the Delivery of Government Service to the Public by Reducing Bureaucratic Red Tape, Preventing Graft and Corruption, and Providing Penalties Therefor“. Here’s a primer of R.A. 9485, which I first posted at the PELF. Read more »

Posted in Criminal Law, Politics & Society

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Extrajudicial Killings and Shoot-to-Kill Orders

Posted on July 25, 2011 by Atty. Fred| Leave a comment

There are a number of issues and statements that stand out in the second State of the Nation Address (SONA) of President Benigno Aquino III [see full transcript of original Filipino speech or the full text of English translation]. We’ll pick up an issue or two during our down time, maybe during the rare 4-day long weekend in August (National Heroes Day is August 29, a Monday, while the end of Ramadan is August 30). Read more »

Posted in Criminal Law

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Vigilantes and the Criminal Justice System

Posted on July 21, 2011 by Atty. Fred| 1 Comment

A vigilante is a private individual who legally or illegally punishes an alleged lawbreaker, or participates in a group which metes out extralegal punishment to an alleged lawbreaker. This is a fairly representative definition of a vigilante. What characterizes a vigilante is the act of taking the law in their own hands under an impression, whether right or wrong, that the criminal justice system is not working swiftly or properly. Read more »

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Liabilities for infidelity in the custody of prisoners

Posted on May 28, 2011 by Atty. Fred| Leave a comment

With the controversy surrounding the arrest of Antonio Leviste after he left the New Bilibid Prison in Muntinlupa City without a pass and the resulting investigation by the Department of Justice (DOJ), the next issue, among others, is determining the liability of the jail officers involved. Read more »

Posted in Criminal Law

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Smoking Ban in Public Places

Posted on May 28, 2011 by Atty. Fred| Leave a comment

Today’s news include a reminder that the Tobacco Regulation Act of 2003 (Republic Act No. 9211) shall be strictly enforced by the Metropolitan Development Authority (MMDA) starting Monday, 30 May 2011. There are a number of important points to remember. One, smoking refers to the act of carrying a lighted cigarette or other tobacco products, whether or not it is being inhaled or smoked. So if you’re holding an unlighted cigarette, there should be no problem. Read more »

Posted in Criminal Law, Politics & Society

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Japan Radiation Text Hoax and Rumor-Mongering

Posted on March 14, 2011 by Atty. Fred| 3 Comments

“BBC NEWSFLASH: Japan govt confirms explosion, radiation leak at fukushima nuclear power plants. Asian countries should take necessary precautions. Remain indoors first 24hrs. Close doors n windows. Swab neck skin with betadine where thyroid area is, radiation hits thyroid first. Take extra precaution, radiation may hit Phil. at (sic) starting 4 pm today. Pls send to ur love ones (sic). Prevention is better than cure so no harm to be more cautious esp for our health. God bless us all.” Read more »

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Around the Anti-Photo and Video Voyeurism Law

Posted on March 4, 2011 by Atty. Fred| 3 Comments

You’ve probably heard about stories of nude photos posted, to the subject’s horror, in facebook and other social networking sites. There’s a recent report on a student’s facebook scandal and how it’s a test case under “Anti-Photo and Video Voyeurism Act of 2009“ (Republic Act No. 9995). Read more »

Posted in Criminal Law

Decriminalizing Libel in the Philippines

Posted on September 22, 2010 by Atty. Fred| 1 Comment

There are a number of proposals in Congress to decriminalize libel. We’ve previously noted a similar bill in 2004. The explanation remains the same — the removal of imprisonment is more in keeping with the protection of the right of individuals to freedom of speech and expression. Read more »

Posted in Criminal Law, Discuss-a-Bill

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Bouncing Checks (BP 22): An Extended Discussion

Posted on September 17, 2010 by Atty. Fred| 8 Comments

(This is a four-part discussion on Bouncing Checks. See the pages at bottom of post.)

Checks will always be an integral part of business, which is why we have a number of discussions regarding checks (see Bouncing Checks [BP 22]). This time let’s have a more extensive discussion on bouncing checks. Read more »

Pages: 1 2 3 4

Posted in Criminal Law, Money & Finance

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Bringing Back the Death Penalty

Posted on May 23, 2008 by Atty. Fred| 25 Comments

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 per se is unconstitutional. Read more »

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