Daily Serving of Legal Matters

As defined,  probation  is a disposition under which a defendant, after conviction and sentence, is  released  subject to conditions imposed by the court and to the supervision of a probation officer. The Parole and Probation Administration has defined  probation  as a  privilege  granted by the court to a person convicted of a criminal offense to remain in the community instead of actually going to prison/jail. As defined, a probation is just a privilege and not as a matter of right.  It shall only be granted after conviction and sentence.  There is no probation when the accused/defendant has not been convicted yet. Google defines conviction as a formal declaration that someone is guilty of a criminal offense, made by the verdict of a jury or the decision of a judge in a court of law.  In the Philippines, it is only a judge of a court of law promulgates the decision. What are the advantages of  probation ? ...

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 ...

Since the announcement of Philippine President Rodrigo Roa Duterte for the Philippine National Police to halt its operation on war against drugs and shift the fight against illegal gambling, hundreds of suspected individuals were apprehended allegedly involved with illegal gambling nationwide. In General Santos City for instance, there are at least 4 suspects are brought before our office for inquest investigation.  There suspects are either violating Presidential Decree (P.D.) No. 1602 or Republic Act No. 9287. It might be noteworthy to consider because the police officers are doing their job as mandated by law, but, most, if not all, of the suspects apprehended belong to the poorest of the poor.  We are still waiting at the time when we would face suspects who are the financier of these illegal gambling games. This image is taken from google. The following are the gambling laws of the Philippines: PRESIDENTIAL DECREE NO. 1602 It amended the criminal provis...

Because there is a need to review the 1987 Philippine Constitution to ensure that it is truly reflective of the needs, ideals, and aspirations of the Filipino people, and to ensure that the mandate of the people, as expressed thereon, is responsive to the changing times, Philippine President Rodrigo Roa Duterte signed an Executive Order No. 10 on December 7, 2016 creating a Consultative Committee under the Office of the President which shall take effect immediately. Courtesy of Rex e-Store The Consultative Committee shall study, conduct consultations, and review the provisions of the 1987 Constitution including, but not limited to, the provisions on the structure and powers of the government, local governance, and economic policies. The Committee shall be composed of not more than twenty-five (25) members, including a Chairperson who shall preside over its deliberations.  The members shall, as far as practicable, represent the different sectors of the country...

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...

Hours after Davao City's night market was blasted on September 2, 2016, Friday, which claimed 14 lives and injured more than 60 others, Philippine President Rodrigo R. Duterte declared a State of Lawlessness in the island of Mindanao.  A lot of people were clueless as to what the state of lawlessness is.  Some have speculated that it might be the same as the MARTIAL LAW.   image taken from www.youtube.com The 1987 Philippine Constitution, specifically in Section 18 of Article VII, provides the power of the President as a Commander-in-Chief to call for a state of lawlessness or lawless violence.  What is given in the constitution is not the state of lawlessness but a state of lawless violence.   Thus, "The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion." In essence, the armed forc...

image taken from www.pinterest.com What is a protection order? It is an order issued under Republic Act No. 9262 for the purpose of preventing further acts of violence against a woman or her child specified in this Act and granting other necessary relief.  The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. What are the protection orders that may be issued? 1.  Barangay Protection Order (BPO) 2.  Temporary Protection Order (TPO) 3.  Permanent Protection Order (PPO) Who is the offended party of this Act? The following are the offended party: 1.  A woman who is:      a.  the wife of the offender;      b.  former wife of the offender;      c.  with whom...