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...

With the death of Guillo Cesar Servando, an 18-year-old student from De La Salle-College of St. Benilde, from injuries allegedly sustained during initiation rites by the Tau Gamma Phi fraternity, a lot of people are asking whether or not the State has the capacity to protect the victims from hazing. A picture of hazing taken from bing images.   As of the moment, we have an Anti-Hazing Law or Republic Act Number 8049.  This law regulates hazing and other forms of initiation rites in fraternities, sororities, and other organizations and providing penalties therefor. As defined in the Anti-Hazing Law, hazing is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization. Hazing involves by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physic...