Daily Serving of Legal Matters

This post is a reply to the query thrown by one of my followers on whether or not the crime committed in violation of anti-fencing law prescribes.  Yes, all crimes have prescriptions.  But the period of prescription may vary depending on the degree of its imposable penalties. Article 90 of the Revised Penal Code of the Philippines states the prescription of crimes.  Thus: Crimes punishable by DEATH, RECLUSION PERPETUA or RECLUSION TEMPORAL shall prescribe in TWENTY YEARS. Crimes punishable by other AFFLICTIVE PENALTIES shall FIFTEEN YEARS. Those punishable by a CORRECTIONAL PENALTY shall prescribe in TEN YEARS; with the exception of those punishable by ARRESTO MAYOR, which shall prescribe in FIVE YEARS. The crime of libel or other similar offenses shall prescribe in ONE YEAR. The offenses of oral defamation and slander by deed shall prescribe in SIX MONTHS. Light offenses prescribe in TWO MONTHS. When the penalty fixed by law is a compound one, the highest penalty shall b...

On May 28, 1898, the Philippine flag was first unfurled after the Philippine Revolutionary Army defeated Spanish forces in the Battle at Alapan, Imus, Cavite.  The national flag was yet to be formally announced on the day of that battle.  It was formally presented to the people on June 12, 1898.  From 1919, when the Philippine flag was once more legalized, until 1940, FLAG DAY was observed in October, the date the Philippine Legislature has restored the flag.  From 1941 to 1964, FLAG DAY was commemorated on the date the national flag was unfurled in Kawit: June 12. However, in 1965, since Flag Day coincided with Independence Day, in order to commemorate the date the national emblem was first unfurled in battle, President Diosdado Macapagal issued Proclamation No. 374, 1965, which moved NATIONAL FLAG DAY to May 28. On May 23, 1994, President Fidel V. Ramos issued Executive Order No. 179, stretching National Flag Day into an extended period, from May 28 to June 12, cul...

In the criminal cases I handled, most of them were dismissed provisionally.  Provisional in the sense that such dismissal is not permanent yet. When a case is dismissed provisionally, the private complainant has the right to refile the same case again against the accused without violating the double jeopardy right of the accused. In cases falling within the jurisdiction of a Municipal Trial Court, the private complainant has the right to refile the same case within one (1) year from the date of the order of the dismissal.  In the Regional Trial Court cases, the private complainant has the right to refile within a period of two (2) years. If the private complainant does not refile the case within the period mentioned above, the dismissal shall become permanent. If the dismissal is already permanent, refiling can no longer be made because it would violate the double jeopardy right of the accused. Be it noted that any provisional dismissal shall have an explicit consent of the a...