Category Archives: Criminal Law

Social Networks, Sex Videos and Blackmail

We received an email regarding voyeurism, a topic which we discussed before (see WHAT VOYEURISM? MEET THE ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) and Around the Anti-Photo and Video Voyeurism Law). The email asked for information on where to file a complaint for voyeurism and the accompanying threat to publish the sexy photos/videos (basically blackmail), a predicament experienced by many others. The letter reads: Continue reading

How to Test if You’re Drunk

Many of those who drink, and are drunk, rarely admit that they are drunk. A person’s sobriety — or, on the reverse, level of drunkenness — may be the subject of harmless, fun discussion during the drinking session, but it’s a thorny issue when it comes to arresting that person, and throwing him/her in jail, for drunk driving. So, the Department of Transportation and Communication (DoTC), with its battery of experts, decided that there are THREE ways to initially check if you’re sober (or drunk). The 3 Field Sobriety Tests are: Continue reading

Implementing Rules and Regulations of the Anti-Drunk and Drugged Driving Act of 2013

IMPLEMENTING RULES AND REGULATIONS

Republic Act No. 10586

“An Act Penalizing Persons Driving Under The Influence Of Alcohol, Dangerous Drugs, And Similar Substances, And For Other Purposes”

Otherwise known as the “Anti-Drunk and Drugged Driving Act of 2013

I. INTRODUCTION

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Going to Hong Kong? Don’t Bring a Stun Gun

This one has nothing to do with the recent decision of HongKong to require Philippine officials to get a visa, in retaliation against President Aquino’s refusal to give a public apology over the “Quirino massacre“. This one applies to everyone, Filipinos and non-Filipinos alike, and it can save you or your relatives jail time. Continue reading

Honoring the Dead and Necrophilia

We honor our dead in the next few days. November 2 to be exact, which is All Soul’s day or Araw ng mga Patay (incidentally, I’m still trying to figure out why November 1, All Saints’ Day, is the regular national holiday, and not All Soul’s Day). Continue reading

Giving Way to Fire Truck, Ambulance and Emergency Vehicles

It’s easier to understand a rule once you’ve experienced the reason for the existence of that rule. When your house is on fire, or when the blaze is a few houses away from your own, you better understand why all vehicles on the road must give way to fire trucks. When you figure in an accident, when you or a loved one is inside an ambulance, you would want the terrible EDSA traffic to part in the middle, just like the Red Sea, to allow the ambulance or emergency vehicle to get through and reach the hospital pronto. When a crime is being committed in your house or in your vicinity, you would pray for the fastest police response time. Continue reading

Liquor Ban for 27 and 28 October 2013 (Barangay and SK Elections)

In case you missed the announcement, a total liquor ban is in effect on 27 and 28 October 2013 in connection with the 28 October 2013 Barangay Elections. The ban covers the selling, offering, buying, serving and taking of intoxicating liquor. The liquor ban starts at 12:01 a.m.  of October 27 and lasts until midnight of October 28. The coverage is nationwide, except Bohol and Zamboanga City, where the barangay and SK elections have been postponed to 25 November 2013.

Helping Dugo-Dugo Gang with the Kasambahay Law

The first time I read the full text of the “Domestic Workers Act” or “Batas Kasambahay” (Republic Act No. 10361; see also primer), the very first provision that immediately caught my attention was the reportorial duty of employers. The law provides that all employers register domestic workers under their employment in the Registry of Domestic Workers in the barangay where the employer’s residence is located (see primer). Continue reading

Criminal Liability for Falsifying Own Signature

We usually pick up interesting topics to dissect in the questions and discussions from our community members. In our article on BP 22, somebody noted that a debtor issued a check as payment of a debt. When the check was deposited, it bounced (or dishonored by the bank) because the account was already closed. When the creditor sent a demand letter (or notice of dishonor), the debtor received it but used an entirely different signature. A portion of the query reads: Continue reading

Primer on Concubinage, Adultery and Bigamy

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