Daily Serving of Legal Matters

On August 08, 2019, President Rodrigo Roa Duterte signed into law Republic Act No. 11362 or the "Community Service Act" in lieu of the imprisonment for penalties of arresto menor  and arresto mayor. But it was only on Tuesday, October 6, 2020, that the Supreme Court approved the guidelines in the imposition of community service as a penalty, which promotes restorative justice and jail decongestion.  These guidelines are contained in A.M. No. 20-06-14-SC which was promulgated by the SC En Banc, which would take effect on November 2, 2020 after the required publication. So, by November 2, 2020, this community service for minor offenses shall take effect. What are these minor offenses?    These are the offenses having an imposable penalty of arresto menor and arresto mayor. Arresto menor involves an imprisonment of one (1) day to thirty (30) days while the arresto mayor is an imprisonment of thirty (30) days and one (1) day to six (60) months. What would constitute comm...

Image grabbed from www.google.com Just this morning, someone was bothered because her name was used in dealing with transaction that would have an impact on her person.  If not abated, it would cause damage not only on her properties but on her identity in general. We have a law penalizing using fictitious name and concealing true name.  Accordingly, a penalty shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgement or causing damage. As defined, a fictitious name is an assumed name that differs from an individual's actual name (http://legal-dictionary.thefreedictionary.com/fictitious). What is the purpose of using fictitious name?  As provided, the purpose shall be for: 1.  concealing a crime;  2.  evading the executing; or 3.  causing damage. Note that the use of a fictitious name shall be for PUBLIC. What is the penalty ...

If you have neighbors in your community doing any of the acts enumerated below, you may file a criminal charge against him/her or them. He/She may have committed the crime of Alarms and Scandals. The Revised Penal Code provides what constitutes the crime of Alarms and Scandals.   Said crime of Alarms and Scandals shall be charged against: 1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosive calculated to cause alarm or danger; 2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or 4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided, that the circumstances of the case shall not make the provisions on tumult...

It is not uncommon to see persons who have no means of subsistence but beg in the streets, public plazas, within the vicinity of the churches, traffic lights and in some other public places.  Some of them would indulge into selling their reputation or into prostitution in order to survive. As a matter of fact, some of us would consider them as eye sores. An eye sore that our government has continuously adopted measures in order to address this problem.  But, it seems those measures implemented and adopted by the government were inutile as the problem worsens. Actually, the Revised Penal Code provides a penalty for such act. Legally speaking, these people are called VAGRANTS. As defined, vagrants are: 1.  Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling; 2.  Any person found loitering about public or semi-public buildings or places or tramping or wandering about...