The Rules of Court allow the courts to dismiss a criminal case provisionally if it is with the express consent of the accused and with notice to the offended party. By provisional dismissal, it literally means that the dismissal of the case is merely temporary. Express consent of the accused For the courts to provisionally … Continue reading Provisional dismissal of a criminal case
Back in August 2016, President Rodrigo Duterte said he can not be jailed because he is over 70 years old. Based on the article titled, “Rody to critics: I’m over 70, I can’t be jailed,” he made such controversial statement while delivering a speech during his visit to the 3rd Infantry Division of the Philippine Army … Continue reading Are we exempted from criminal liability if we are over 70?
Let us say you were accused of committing the crime of murder for shooting someone to death. Despite the glaring pieces of evidence pointing to your guilt, you still claimed you are innocent of such crime. In your desire to get an acquittal, you raised the defense that you never fired a gun at the … Continue reading Negative paraffin test not conclusive
By now, I assume you are already aware of the term BPO. But for those who are still unaware of it, BPO literally stands for “Barangay Protection Order.” In particular, a BPO refers to the protection order issued by the barangay, ordering the perpetrator to desist from committing certain acts of violence against the family … Continue reading Who can issue a BPO?
I had an erroneous impression on when drunk driving became a crime in the Philippines. I honestly thought it became a crime only after Republic Act No. 10586, otherwise known as the “Anti-Drunk and Drugged Driving Act of 2013,” was signed into law. In fact, when I wrote about RA 10586 some time ago in … Continue reading On drunk driving as a crime in the Philippines
Driving under the influence of alcohol is now a crime in the Philippines. This was after President Benigno S. Aquino III signed into law Republic Act No. 10586 (RA 10586), otherwise known as the “Anti-Drunk and Drugged Driving Act of 2013.” RA 10586 defines “driving under the influence of alcohol” as the act of operating … Continue reading Driving under the influence of alcohol is now a crime in the Philippines
Perjury is the willful and corrupt assertion of a falsehood under oath or affirmation administered by authority of law on a material matter. Perjury as a Crime As a crime, perjury is penalized under Article 183 of the Revised Penal Code, which provides: “Art. 183. False testimony in other cases and perjury in solemn affirmation. — The penalty … Continue reading Perjury
Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. It is made either by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. And it may be … Continue reading Citizen’s arrest
Last year, I wrote an article in this blog titled, “Let us all help end violence against children," evidently urging everyone to help end such violence. I wrote it in reaction to the videos I always see on the Internet or on TV, showing parents hurting their children, who, due to their tender age, are … Continue reading How can we help end violence against children?
Whether on the Internet or on TV, I often see videos of parents hurting their children, who are unable to defend themselves due to their tender age. And all they can do, while being physically abused, is to simply cry in pain. Worse, some even end up dying due to the fatal injuries they sustained. … Continue reading Let us all help end violence against children