Daily Serving of Legal Matters

Just recently, a news was reported about a young student who used the Philippine flag as a mop in the school.  He was videoed having fun and was unmindful that he was already committing  an unlawful act.  Taken from  www.iweb.ph Under Section 34 of Republic Act No. 8491 or the Flag and Heraldic Code of the Philippines: "It shall be prohibited a.  To mutilate, deface, defile, trample, on or cast contempt any act or omission casting dishonor or ridicule upon the flag over its surface; b.  xxxxxxx" As such the student may be penalized with a fine of not less than Five Thousand Pesos (P5,000.00) but not more than Twenty Thousand Pesos (P20,000.00), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court. However, if the student committing the instant offense is below 15 years old, he shall have no liability following the provisions of Republic Act. No. 9344. For mo...

As reported in the late news program of the local channel this week, a 14-year old girl was arrested in the Queen City of the South or Cebu City for allegedly selling an illegal drug Methamphetamine Hydrochloride or locally known as SHABU. This image was taken from google.com Perhaps, some of the readers would raise their eye brows in reading this post but it is absolutely true.  As young as 14 years old was already engaged in the selling of illegal drug. According to Republic Act No. 9165 or the "Comprehensive Dangerous Drugs Act of 2002" specifically section 5 hereof which states: "The penalty of life imprisonment to death and a fine ranging from Five Hundred Thousand (P500,000.00) Pesos to Ten Million (P10,000,000.00) Pesos shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all spec...

A 14-year old boy was caught in the act of raping a 7-year old girl.  What would be the liability, if any, does the boy have? We will answer this question in accordance to what has been provided by Republic Act No. 9344 or otherwise known as the "Juvenile Justice and Welfare Act of 2006" This law has defined what the child is.  Accordingly, the child refers to a person under the age of eighteen (18).  The age of the child shall be reckoned at the alleged time of the commission of the crime and not on the time when he/she was apprehended, nor at the moment the judgment shall be given. Further, said law has also classified the child into: 1.  A child who was 15 years old or under at the time of the commission of the crime. 2.  A child who was below 18 but above 15 years old at the time of the commission of the crime. Based also on the said law, the child who is alleged, as accused of, or adjudged as, having committed an offense under Phil...