Daily Serving of Legal Matters

On March 4, 2022, President Rodrigo Roa Duterte signed into law Republic Act No. 116481 or the Act Providing for Stronger Protection Against Rape and Sexual Exploitation and Abuse, Increasing the Age for Determining the Commission of Statutory Rape, Amending for the Purpose Act No. 3815, as Amended, Otherwise Known as "The Revised Penal Code", Republic Act No. 8353, Also Known as "The Anti-Rape Law of 1997", and Republic Act No. 7610, as Amended, Otherwise Known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act." So this law amended the following: 1.  Act No. 3815, as amended, or "The Revised Penal Code". 2.  Republic Act No. 8353, or "The Anti-Rape Law of 1997". 3.  Republic Act No. 7610, as amended, or the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act." This new law provides the new definition of statutory rape .  Thus, rape is committed by a person

  Goodeve po, tanong ko lang kung anong gagawin kung yung boyfriend ko po ay napagbintangan lang na nasali sa kasong illegal sabong. naka attend na po sya ng 4x sa hearing with his PAO peru ni minsan wala po dun sa hearing yung naglista o yung complainant.. ngayung saturday po is may hearing daw po sila with witness na to prove na hindi sya kasali sa illegal sabong. ang tanong ko po : 1) kung matalo sya sa kaso tapos maka pag pyansa sya. makukulong pa po ba sya? 2.) kung manalo naman sya sa kaso makukuha ba yung pyansa ? 3.) kung manalo sya sa kaso anong pwedeng ilaban dun sa taong nagbintang sa kanya? at 4.) bakit nung 3 hearing wala sa korte yung complainant o yung witness sa kabila? wala po silang pinakitang ebedensya na kasama sa illegal na sugal yung boyfriend ko. yung PAO lang nya at yung judge ang merun? Sana masagot po. thank you and Godbless 🙏 Kung napag bintangan lang ang iyong boyfriend, dapat may testigo po kayo na na hindi talaga sumali ang boyfriend mo sa iligal na sabon

 Di ko masasabi kung makapag abrod ba o hindi.  Basta kung hindi mag apply ang accused ng PROBATION, may record siya sa NBI.  Tapos pag kukuha ang accused ng NBI Clearance for purposes sa pag abroad, makikita doon na hindi siya cleared at may conviction siya. It's better not to take chances.  Kung pwede maka apply ng PROBATION, mag apply na ang convicted accused para mawala ang kanyang record of conviction sa NBI...

Question:  May record ba sa NBI or sa Police pagkatapos ng hearing sa Illegal Gambling? Answer:  Depende po sa sitwasyon. If after the hearing in Illegal Gambling case the accused was found to be "not guilty" or acquitted from the charge, no record whatsoever shall reflect on his/her records in the National Bureau of Investigation or NBI. However, if the accused was found to be "GUILTY" or convicted, he/she has two (2) options. One, the accused may apply for a PROBATION if he/she is eligible. After the accused has successfully finished his/her PROBATION, he/she shall have NO RECORD in the NBI. Two, if the accused is not eligible for PROBATION or did not apply for a PROBATION, he/she may serve the sentence.  Kung ano po ang sentence, dapat niyang i serve.  If fine, bayaran niya ng buo.  Kung imprisonment, he/she may serve the prison term. In this case, the accused may have a RECORD in the NBI. Thank you.

  Anonymous March 1, 2022 at 9:03:00 PM GMT+8 Pano po pag Senior citizen na po ang nahuli gambling (tong-it) same din po ba ang procedure??: This is to answer this question on a Senior Citizen caught in the act of playing a tong-it. Same procedure shall be applied to those apprehended who were 18 years old above.  However, a Senior Citizen, who was above 70 years old at the time of the commission, shall be given a mitigating circumstance.

  What are serious physical injuries?   They are: 1.      When the injured person becomes insane, imbecile, impotent, or blind in consequence of the physical injuries inflicted. 2.    When the injured person (a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or (b) loses the use of any such member, or (c) becomes incapacitated for the work in which he was theretofore habitually engaged, in consequence of the physical injuries inflicted. 3.    When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses the use thereof, or (d) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted. 4.    When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted (Reyes,

Generally, the right to bail "applies only when a person who has been arrested and detained for violation of Philippine criminal laws and does not apply to extradition proceedings."  However, jurisprudence has stated that a potential extraditee may, as a matter of exception, avail of bail upon a clear and convincing showing of lack of flight risk or danger, and of special, humanitarian, and compelling circumstances including, as a matter of reciprocity, those cited by the highest court in the requesting state when it grants provisional liberty in extradition cases therein.  (Rodriguez v. Presiding Judge of the Regional Trial Court of Manila Branch 17, G.R. No. 157977, 27 February 2006)

Under section 1 of Rule 114 of the Criminal Procedure, bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified.  Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.