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The Probation Law of 1976 as Amended

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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. image grabbed from cartoonstock.com 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 probatio...
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Anti-Photo and Video Voyeurism Act of 2009

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Since I became a lawyer, it was only just very recently that I came across with a criminal case involving  Anti-Photo and Video Voyeurism Act of 2009.  Yes, the law was enacted in 2009 but only a few cases were filed in court.  This is Republic Act No. 9995 or otherwise known as the "Anti-Photo and Video Voyeurism Act of 2009." Image grabbed from Esquire Philippines So, what this law is all about? Before telling you about the law itself, Google has defined voyeurism as the practice of gaining sexual pleasure from watching others when they are naked or engaged in sexual activity. The law has defined photo or video voyeurism as the act of taking or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of privacy, or the act of selling, ...
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Funeral Benefits for Employees in the Private and Public Sectors is Increased

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On July 17, 2017, President Rodrigo R. Duterte signed Executive Order No. 33 increasing the Employment Compensation (EC) Funeral Benefits for Employees in the Private and Public Sectors. Image grabbed from  Funerals360 Before the said Executive Order, employees in the private and public sectors received an amount of EC Funeral Benefits of Twenty Thousand (P20,000.00) Pesos.  However, said Funeral Benefit is no longer sufficient to cover ordinary funeral costs. Thus, backed with the Board Resolution Nos. 16-05-18 and 16-07-28 on 31 May 2016 and 28 July 2016, respectively, of the Employees' Compensation Commission approving the increase in benefits, the President signed the aforementioned Executive Order. Section 1 of the said Executive Order states: "The amount of EC Funeral Benefits in both the private and public sectors is hereby increased from Twenty Thousand Pesos (P20,000.00) to Thirty Thousand (P30,000.00) Pesos." This Executive Order shall ...
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Liability of a 13-Year Old Alleged Rapist

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On July 25, 2017, GMA News reported that a 5-year old was allegedly raped and killed by a 13-year old.  The victim's parents wanted to have the suspect behind bars. Image grabbed from http://blogwatch.tv/2017/01/children-not-criminals/ The question that may be asked is whether or not the teen suspect can be placed behind bars.  As provided in Section 6 of Republic Act No. 9344 or the "Juvenile Justice and Welfare Act of 2006", thus: "Sec. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability.  However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be sub...
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Noven Belleza's Sexual Assault Case

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The first It's Showtime Tawag ng Tanghalan grand champion Noven Belleza was arrested on Sunday night, July 16, 2017, after appearing at Vice Ganda's concert in Cebu, following the accusations of a 19-year old girl who alleges that the singer molested her (http://entertainment.inquirer.net/235225/abs-cbn-issues-statement-noven-belleza-sexual-assault-case). Image grabbed from  Inquirer Entertainment - INQUIRER.net The formal charge against Belleza is a crime of sexual assault. The Anti-Rape Law of 1997 or Republic Act No. 8353 provides two forms of rape.  The first is rape by penetration and the second is rape by sexual assault. Rape by sexual assault is committed "By any person who, under any of the circumstances mentioned in rape by penetration, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person." How it i...
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10 Things You Need to Know About Republic Act 10913 or the Anti-Distracted Driving Act

1. What is RA 10913 or the Anti-Distracted Driving Act?      RA 10913 or the Anti-Distracted Driving Act is a new law that prohibits motorists from using communication devices and other electronic entertainment and computing gadgets while vehicles are in motion or temporarily stopped on a traffic light or an intersection. A motorist, as defined under this law, is a person who is driving motor vehicle. 2. What vehicles are covered by this Act?       This act covers both public and private vehicles. It also covers wheeled agricultural machineries, construction equipment, and other forms of conveyances such as bicycles, pedicabs, trolleys, "habal-habal", "kuligligs", wagons, carriages and carts that may either be human-powered or pulled by an animal as long as the same are operated or driven in public thoroughfares, highways or streets. 3. What does this law prohibit?       Prohibited acts made while driving include but not...
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No Need to File in Court to Correct a Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname in the Birth Certificate

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Under Republic Act No. 9048, the city or municipal civil registrar or the consul general is authorized to correct a clerical or typographical error in an entry and/or change of first name or nickname in the civil register without need of a judicial order. Image grabbed from MasterCitizen's Blog-WordPress.com For this reason, there is no need to file in court to correct a clerical or typographical error in an entry and/or change of first name or nickname in the civil register. Clerical or Typographical Error refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, a...
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