Category Archives: Criminal Law

Libel for Bloggers: Liability Arising from Blog Comments

Posted on April 14, 2008 by Atty. Fred| 45 Comments

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 is only logical to expect the increasing number of libel cases filed against bloggers. Read more »

Posted in Criminal Law, Internet & Technology

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SC issues Guidelines for Imposition of Libel Penalties

Posted on January 31, 2008 by Atty. Fred| 11 Comments

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. Read more »

Posted in Criminal Law, Legal Procedure

Ponzi Scheme: The Panata Foundation and Menil Cases

Posted on January 15, 2008 by Atty. Fred| Leave a comment

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 hundred years of existence. Maybe people have this nagging doubt that such get-rich scheme is highly suspicious, but rational thinking is oftentimes defeated by the very same reason — the prospect of getting rich quickly. Read more »

Posted in Criminal Law, Money & Finance

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The Sandiganbayan has spoken: Former President Joseph Estrada is guilty of Plunder

Posted on September 12, 2007 by Atty. Fred| 7 Comments

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. Read more »

Posted in Criminal Law, Politics & Society

Blawggers, Hazing and Fraternities

Posted on September 4, 2007 by Atty. Fred| 5 Comments

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. Read more »

Posted in Criminal Law, Internet & Technology

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No such thing as FRUSTRATED theft

Posted on July 26, 2007 by Atty. Fred| Leave a comment

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, “unlawful taking” is most material in this respect. Unlawful taking, which is the deprivation of one’s personal property, is the element which produces the felony in its consummated stage. At the same time, without unlawful taking as an act of execution, the offense could only be attempted theft, if at all. With these considerations, we can only conclude that under Article 308 of the RPC, theft cannot have a frustrated stage. Theft can only be attempted or consummated.

For bar exam reviewees, the discussion and the digest are here.

Posted in Criminal Law

Terrorized by the Anti-Terrorism Law?

Posted on July 10, 2007 by Atty. Fred| 9 Comments

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 or criticisms against this law. R.A. 9372 provides for three elements or requisites for an act to be considered as “terrorism”. The 3 elements are: Read more »

Posted in Criminal Law, Politics & Society

Legal Support for the Child and R.A. 9262

Posted on July 3, 2007 by Atty. Fred| 64 Comments

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 of the more contested issues. However, the issue on child support should not be as complicated. Read more »

Posted in Criminal Law, Family Law

Insolvency and Criminal Cases

Posted on June 25, 2007 by Atty. Fred| 14 Comments

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, or actually filing, a case for insolvency or bankruptcy just to bring home the (alleged) point that they have nothing more to cough out. Read more »

Posted in Business & Corporate, Criminal Law, Money & Finance

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Anatomy of an Internet Libel Case

Posted on June 17, 2007 by Atty. Fred| Leave a comment

The recent incoming link from Abe’s site alerted me to his post on surviving a libel suit. Considering that these cases had been resolved and there’s no appeal/reconsideration (at least none that I know of), let’s have a discussion for purely reportorial and academic reasons.

The brief introduction on this series is Part I.

There were actually two complaints for libel – one for each of the two main respondents – before the Pasig City Prosecutor’s Office. The complaints are based on Article 353 of the Revised Penal Code, which defines libel as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Read more »

Posted in Criminal Law

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