New ruling on counting prescriptive period for cyber libel
Dear PAO, My former friend posted defamatory statements against me on a social media platform. Although she posted it two years ago, it is still available up to the present. I discovered her defamatory posts only two months ago after I reactivated my Facebook. Is it true that the crime has prescribed, considering the lapse […]
Minimal alteration fatal to integrity of confiscated drugs
Dear PAO, I was arrested by police authorities in an alleged buy-bust. During the trial, the forensic chemist presented the specimen of confiscated drugs with markings ending with “16.” However, the letter from the police investigating officer requesting a forensic examination states that the seized item bears markings that end with “2016,” with the digits […]
Where do we file a BP 22 case?
Dear PAO, May I know where we can file a complaint for an alleged violation of Batas Pambansa (BP) 22? Geraldine Dear Geraldine, The answer to your question is best elucidated by the decision of the Supreme Court in Brodeth vs. People (GR 197849, Nov. 29, 2017), penned by Associate Justice Samuel Reyes Martires. Succinctly, […]
Requirements to operate a private clinical laboratory
Dear PAO, My college friend has been operating a private diagnostic laboratory in their province for years. He told me recently about his concern involving another entrepreneur in their area who is planning to construct and operate a similar laboratory but without the necessary medical licenses since they claim to have already a mayor’s permit […]
Contractor pretending to be an architect
Dear PAO, My sister planned to renovate her coffee shop in the city. She tried to look for an architect to help her plot and design the renovation. One of her customers recommended an architect to her. This supposed architect met up with my sister, expressly introduced himself as one, with a calling card to […]
Lawyer assisting a suspect must be competent and independent
Dear PAO,X is being charged with the crime of Theft. According to X’s live-in partner, X informed the arresting officers that he has a lawyer of his choice, the one that was provided by his employer, because the latter also wants to protect the rights of X as she believes that X did not commit […]
Right of first refusal | The Manila Times
Dear PAO, In my lease contract, a provision for the exercise of the right of first refusal was expressly agreed upon. It came to my knowledge, however, that my lessor intends to sell the leased premises to his relative. My lessor claimed that I cannot invoke my right of first refusal since the right of […]
Return of money is not a defense in estafa by means of deceit
Dear PAO, X sold a property to my sister. That property is titled under the name of K. But X convinced my sister that he has lawful authority to transact the property, saying that he is a real estate agent who personally knows K. He even showed my sister a special power of attorney allegedly […]
Treachery, an aggravating circumstance | The Manila Times
Dear PAO, My sister’s friend was a victim of a stabbing incident. The assailant pretended to be a customer of her food kiosk, and, out of nowhere, he stabbed her two times with a knife. My sister was told the assailant was already carrying the knife when he went to the kiosk. The victim’s family […]
Rule on alienation of conjugal property without the consent of other spouse
Dear PAO, I was married in 1980. Subsequently, we acquired conjugal properties involving parcels of land in the province. In 1998, my husband sold one of our properties without my knowledge or consent. Was the sale valid? Quennie Dear Queenie, In Cueno vs. Bautista, GR 246445, March 2, 2021, the Court En Banc, through Associate […]