Handling of cyber crime cases
Dear PAO, Republic Act (RA) 10175, otherwise known as the Cybercrime Prevention Act of 2012, says that the NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act. Does this provision mean that other investigative units or agencies — of the […]
Notarized document rescinding a contract to sell is not required
Dear PAO, I agreed to sell my land to Badong when he offered to buy it for a certain price. He made a partial payment, and the remaining balance shall be paid in two equal installments. After that, we will execute a contract of sale. We signed a contract covering the transaction, and it was […]
When is a ‘stop and frisk’ search considered valid?
Dear PAO, X was arrested for allegedly having in his possession illegal drugs. He and his cousin were just two of the few passengers on board a bus on the night when the arrest happened. According to the report that was shown to the mother of X, the police received a tip that a male […]
Unbroken chain of circumstances necessary to convict an accused
Dear PAO, I heard from a news report that there was this lady, A, whose body was found dead inside the apartment unit of her boyfriend, B. B denied having any knowledge as to the death of A and claimed that he just found the body of A when he came home from work. But […]
Money laundering | The Manila Times
Dear PAO, May I know how the law defines money laundering? Monching Dear Monching, The answer to your question is found in our pertinent laws and jurisprudence. Succinctly, Section 4 of Republic Act (RA) 10365, otherwise known as the “Anti-Money Laundering Act of 2001”, defines money laundering offenses as follows: Get the latest news delivered […]
Barangay conciliation required before case can be filed in court
Dear PAO, I have a dispute with my neighbor, and I must admit that I did not avail of barangay conciliation when I filed the complaint against him in court. The barangay officials and my neighbor were related, so I refused to undergo conciliation proceedings before the barangay out of concern that I will not […]
Courts may convict accused to as many offenses as are charged and proved
Dear PAO, My neighbor’s brother was accused of kidnapping a family of three. Their family was shocked when the judgment came — he was convicted of three crimes, one for each family member allegedly kidnapped, even though only one complaint was filed against him. I have read that a complaint can only charge one offense, […]
Sale of registered SIM card per se is not prohibited
Dear PAO, I complied with the law requiring subscribers to register their SIM cards. Last month, Liza introduced me to her foreign friend who is doing business in the country. This foreigner offered to buy my SIM card for a considerable amount of money. His offer is tempting, especially since I am currently jobless, so […]
Closure of business as a basis for employee termination
Dear PAO, My cousin worked for a private company that manufactures and supplies school materials. Unfortunately, their office and warehouse were gutted by fire. As a result, he and his co-workers were left without work because all the company equipment and materials were destroyed. For several months, my cousin had to take odd jobs to […]
Enforcement of a divorce decree obtained abroad
Dear PAO, I was previously married. Nonetheless, my spouse (a foreign national) and I were able to obtain a divorce decree abroad through our joint petition after failing to settle our irreconcilable issues. When I inquired about whether this divorce would be recognized here in the Philippines, I encountered a potential issue regarding its enforcement. […]