We received this query whether the other spouse needs to sign or receive the summons in connection with a case for annulment. The query goes like this: “Atty, sana po matulungan ninyo ko. Ako po ay nagtratrabaho dito sa Hongkong. To cut the story short, nambabae po ang asawa ko at may anak na po sila. Kasal po kami, atty. Kahapon lang po ay nakatanggap ako ng summon na magpapa-annull po sila. Pwede po bang di ko pirmahan ang mga ito?” Since this is a general question that we’ve heard a couple of times, it would be good to have a separate post to discuss it. Continue reading
Category Archives: Internet & Technology
Result of the 2012 Bar Exams (Full List)
Congratulations to the 949 law graduates (passing percentage of 17.76%) who passed the 2012 bar examination. A total of 5,686 examinees took the 2012 bar exam. Continue reading
Filed under Internet & Technology
DOJ Cybercrime Primer
With the renewed interest on Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012, brought about by today’s oral arguments at the Supreme Court, it might be helpful to re-post the primer issued by the Department of Justice (DOJ): Continue reading
Filed under Internet & Technology
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
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
Primer on Cybercrimes under the Cybercrime Prevention Act of 2012
The Cybercrime Prevention Act of 2012 (Republic Act No. 10175, An Act Defining Cybercrime, Providing For The Prevention, Investigation, Suppression And The Imposition Of Penalties Therefor And For Other Purposes) was signed by President Aquino on 12 September 2012. It will take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Continue reading
Filed under Internet & Technology
What the Hackers Accomplished
A number of protests welcomed the Cybercrime Prevention Act of 2012 (Republic Act No. 10175; full text; legal wiki entry; summary of cybercrimes), as it becomes effective today. There’s the Black Tuesday. A number of mass actions were held. New petitions were filed at the Supreme Court, seeking the nullity of the cybercrime law or some of its provisions. Some individuals who claim to be members of Anonymous Philippines took an extreme action — they hacked a number of government sites. So, what does hacking accomplish, in relation to the new cybercrime law? Continue reading
Filed under Internet & Technology
Safeguarding Privacy under the new Cybercrime Law
On 12 September 2012, President Benigno Aquino signed into law the Cybercrime Prevention Act of 2012 (Republic Act No. 10175; full text; legal wiki entry; summary of cybercrimes). We have been interested in this law since it was filed as a bill (see Senate Bill 52). The bill, now the law, certainly has good intentions, but it also has certain provisions that are potentially open to abuse. Continue reading
Filed under Internet & Technology
Phishing and Rescue-a-Friend / Traveler Scam
Anyone who uses the internet knows, or should know by now, the trick known as phishing, which refers to ways of acquiring sensitive account access information such as passwords. It could be an email purportedly from yahoo or the administrator asking you to reconfirm and enter your username/password so the account won’t be deleted. Those who fall for it give out their account details. It could be a bank account, which would be more problematic. The account is not deleted, alright, but it falls in the scammer’s control. This is an old trick or scam. Continue reading
Filed under Internet & Technology
Live Webcaset or Video Streaming of the Maguindanao Massacre cases
In a first for the Philippines, the Supreme Court today provided a live webcast or video streaming in its website (sc.judiciary.gov.ph) of a pending case. The live coverage is for the “Maguindanao Massacre cases“. The SC earlier issued the guidelines applicable only (pro hac vice) to the live broadcasting by radio and television of the “Maguindanao Massacre cases“. These guidelines are (as provided in A.M. No. 10-11-5-SC, A.M. No. 10-11-6-SC and A.M. No. 10-11-7-SC): Continue reading
Filed under Internet & Technology, Legal Misc, Legal Procedure