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Serious Physical Injuries

  What are serious physical injuries?   They are: 1.      When the injured person becomes insane, imbecile, impotent, or blind in consequence of the physical injuries inflicted. 2.    When the injured person (a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or (b) loses the use of any such member, or (c) becomes incapacitated for the work in which he was theretofore habitually engaged, in consequence of the physical injuries inflicted. 3.    When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses the use thereof, or (d) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted. 4.    When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), a...

Bail in Extradition Proceedings

Generally, the right to bail "applies only when a person who has been arrested and detained for violation of Philippine criminal laws and does not apply to extradition proceedings."  However, jurisprudence has stated that a potential extraditee may, as a matter of exception, avail of bail upon a clear and convincing showing of lack of flight risk or danger, and of special, humanitarian, and compelling circumstances including, as a matter of reciprocity, those cited by the highest court in the requesting state when it grants provisional liberty in extradition cases therein.  (Rodriguez v. Presiding Judge of the Regional Trial Court of Manila Branch 17, G.R. No. 157977, 27 February 2006)

What is a BAIL?

Under section 1 of Rule 114 of the Criminal Procedure, bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified.  Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.

Republic Act No. 9482 or the Anti-Rabies Act of 2007

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 So you're a dog lover? Know what are your obligations and responsibilities under this law.  This is Republic Act No. 9482 or the "Anti-Rabies Act of 2007". The State has declared as its policy to protect and promote the right to health of the people by providing a system for the control, prevention of the spread, and eventual eradication of human and animal Rabies and establishing the need for responsible pet ownership. As a pet owner, you have these responsibilities: 1.  Have your Dog regularly vaccinated against Rabies and maintain a registration card which shall contain all vaccinations conducted on your dog, for accurate record purposes. 2.  Submit your Dogs for mandatory registration. 3.  Maintain control over your Dog and not allow it to roam the streets or any Public Place without a leash. 4.  Be a responsible Owner by providing your Dog with proper grooming, adequate food and clean shelter. 5.  Within 24 hours, report immediately any Dog bitin...

Bonds for Illegal Gambling

This post shall provide the updated recommended bonds for illegal gambling as of this writing. Presidential Decree No. 1602 (Prescribing Stiffer Penalties on Illegal Gambling): Section 1.   Penalties.  The following penalties are hereby imposed: (a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:      1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte...

The Crime of Espionage

Espionage has been defined as offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation. (See the opening sentence of Section 1 and other sections of Commonwealth Act No. 616) Article 117 of the Revised Penal Code provides: Art. 117. Espionage. - The penalty of prision correccional shall be inflicted upon any person who : 1.  Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or 2.  Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation. The penalty nex...

The Crime of Treason

 Article 114 of the Revised Penal Code states:    "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 Four million pesos (P4,000.000.00).     No persons shall be convicted of treason unless on the testimony of two (2) 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 exceed Four million pesos (P4,000.000.00). (As amended by Sec. 2, R.A. No. 7659 and R.A. No. 10951)" The elements of treason: 1.  That the offender is a Filipino citizen or an alien residing in the Philippines; 2.  That there is a war in which the Philippines is inv...