Daily Serving of Legal Matters

On Wednesday, June 18, 2014, the Manila Bulletin reported that members of the House of Representatives propose for a creation of a high profile detention center. A photo taken from google.com.   House Bill (HB) No. 1360 or the “High Profile Detention Center Act of 2013” would create a separate detention center for “high criminals” but the proponents of said bill were quick to comment that such proposal won’t accord undue special treatment for the accused. AKO-BICOL Party-list Representative Rodel Batocabe and ACT-CIS Party-list Representative Samuel Pagdilao defended the salient features of the said bill at a news forum held at the House of Representative on Tuesday. “High profile cases” as the defined in the said bill, they refer to those that have attracted attention and publicity by reason of the relative position of the parties in society, cases imbued with public interest or cases which involve national security and safety. “It would cover sensati...

Finally after the myriad legal maneuvers invoked by both parties, the crime of plunder has been charged to those persons linked to 10-Billion Peso PDAF Scam.  Among the personalities indicted are the three Philippine Senators and the alleged Pork-Barrel Queen Janet Lim-Napoles. A photo of some of the accused (Napoles, Revilla, Enrile and Estrada) in the Plunder Case taken from Bing Images. As a matter of fact, the Filipinos have witnesses the real life drama unfolded on their very eyes.  The warrant of arrest has been ordered for the arrest to one of the accused Senator Ramon "Bong" Revilla, Jr.   This post is not to prejudice the minds of the Filipinos nor it would insinuate the guilt of all of the accused.  It would simply tell how the crime of plunder is committed and other salient features of the plunder law as embodied in Republic Act No. 7080 or the Anti-Plunder Act.  Definition of the crime of plunder: Any public officer wh...

With the successful removal of benign tumor of Janet Lim Napoles, comes with the explosion of some meaty revelation in the media just very recently.  In fact, before the said operation, Janet Lim Napoles had already a long talk with Department of Justice Secretary Leila De Lima over her plan to divulge the "tell-all" expose' of information she has with the PDAF controversy. And what is the deal?  To turn her a State Witness to prove the guilt of her other co-accused. In the previous post, it was discussed already what are the requisites of becoming a state witness.  For more information, please visit this http://dailyservingoflegalmatters.blogspot.com/2014/02/requisites-of-state-witness.html . So what would be the process for Janet Lim Napoles to eventually become a State Witness?  "Upon Motion of the Prosecution Before Resting Its Case" Before an accused is discharged as a State Witness, it is the duty of the prosecution to file a motion to as...

To convict the accused, the prosecution must have witnesses and evidences to show proof beyond reasonable doubt; otherwise, the accused shall be acquitted. Thus, if the available witnesses of the prosecution as well as the evidences present would not be sufficient to indict the accused beyond reasonable doubt, the prosecution may move that one or more of the accused shall become as STATE WITNESS.