Daily Serving of Legal Matters

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 ...

What is a crime of treason? How it may be committed? Could it be committed anytime? A simple definition of treason is an act betraying one's country, especially by attempting to kill the sovereign or overthrow the government . (www.goggle.com) taken from  wallstreetrebel.com Article 114 of the Revised Penal Code of the Philippines provides that: "Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed 100,000 pesos. No persons shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court. Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by reclusion temporal to death and shall pay a fine not to...

image grabbed from www.thehindu.com The words PRINCIPALS, ACCOMPLICES and ACCESSORIES of the crime/s may no longer be uncommon to most of us.  We may have heard and read these terms in the newspapers, television and nowadays in the internet. To differentiate the terms from each other, this post is trying to provide their definitions. Article 17 of the Revised Penal Code of the Philippines provides who are considered as principals. Thus: "The following are considered principals: 1.  Those who take a direct part in the execution of the act; 2.  Those who directly force or induce others to commit it; 3.  Those who cooperate in the commission of the offense by another act without which it would not have been accomplished." Based on the aforementioned, there three types of principals of the crime.  Those are principal by direct participation, principal by inducement and principal by cooperation. Whether he may participate directly, induce or coopera...

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...

Wikipedia defines abortion as  the termination of  pregnancy  by the removal or expulsion from the  uterus  of a  fetus  or  embryo  before  viability .   An abortion can occur spontaneously, in which case it is often called a  miscarriage , or it can be purposely  induced . The term  abortion  most commonly refers to the induced abortion of a human pregnancy ( http://en.wikipedia.org/wiki/Abortion ). This picture is taken from this site  http://www.advocatesoflife.com/graphicabortionimages.htm In the Philippines, abortion is penalized under the Revised Penal Code of the Philippines.  It is not legal and therefore any person who promotes this act shall be penalized. Based on the Revised Penal Code, the criminal act of abortion may be termed as INTENTIONAL or UNINTENTIONAL ABORTION. Article 256 of the Revised Penal Code states the penalty for any person committing an intentional abortio...

A wedding photo taken from google.com. One of the issues that is brought in the senate today is the deletion or the amendment of the so-called anti-woman provision of the Revised Penal Code.  It was Senator Maria Lourdes Nancy S. Binay who proposed its deletion.  This provision is all about the premature marriage. A picture of Sen. Nancy S. Binay taken from google.com. According to Article 351 of the Revised Penal Code: "Any widow who shall marry within three hundred and one days from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and a fine not exceeding 500 pesos. The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one days after the legal separation." This is the so-called premature ...