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Showing posts from April, 2018

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...

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, ...