Philippine Criminal Defense Lawyer Files

Philippine Criminal Defense Lawyer Files Philippine Criminal Defense Lawyer Files provides updates in Philippine Criminal Law and Jurisprudence and legal analysis in latest news.

What is the crime of "offending religious feelings"?
24/05/2023

What is the crime of "offending religious feelings"?

Father Winston Cabading, a Dominican exorcist priest, faces a criminal case for ‘offending the religious feelings’ of Marian devotee and retired justice Harriet Demetriou

10/05/2023
High Court that says inmates who have been detained longer than their minimum penalty, and those whose cases are unmovin...
22/02/2021

High Court that says inmates who have been detained longer than their minimum penalty, and those whose cases are unmoving because of lack of witnesses, shall be released to decongest jails.

It's a reiteration of a 2014 decongestion guideline. Human rights lawyers welcome the move, but hope for a broader decision to release those not covered by the guidelines.

In acquitting the accused in this drugs case, the Supreme Court pronounced that the police cannot conduct warrantless se...
18/08/2020

In acquitting the accused in this drugs case, the Supreme Court pronounced that the police cannot conduct warrantless search on the sole basis of an unverified tip relayed by an anonymous informant.

People of the Philippines Vs. Jerry Sapla y Guerrero a.k.a. Eric Salibad y Mallari G.R. No. 244045. June 16, 2020 [Date Uploaded: 08/17/2020] Concurring Opinion:Justice Marvic M.V.F. Leonen Dissenting Opinion:Justice Amy C. Lazaro-JavierJustice Mario V. LopezJustice Samuel H. Gaerlan Facebook Twitte...

President Duterte signed into law Philippine Anti-Terrorism Act of 2020. BE VIGILANT and defend your human rights agains...
04/07/2020

President Duterte signed into law Philippine Anti-Terrorism Act of 2020. BE VIGILANT and defend your human rights against illegal arrests or harassment.

25/05/2020

Archie Williams went to jail for 37 years for a crime he did not commit. DNA evidence got his case reopenned and proved his innocence. Let's listen to the sound of freedom. Why we do what we do.

Because we know how important it is for you to get urgent legal advise for your rights or your business' success at the ...
05/05/2020

Because we know how important it is for you to get urgent legal advise for your rights or your business' success at the safety of your own home. E-CONSULT via ZOOM (or Video Conferencing) now available.

25/03/2020

Reposted:

Here are the actual "powers" granted to the President under the Senate version (which the House also adopted this morning):

1. Streamlining of accreditation of test kits (hello, FDA 👋)

2. Prompt testing of PUIs and PUMs (so dapat walang namamatay sa COVID nang hindi nate-test!)

3. Compulsory and immediate isolation and treatment of patients (so dapat bawal na pauwiin na lang)

4. PHILHEALTH coverage for all COVID-19 treatments (so dapat ba covered ng Philhealth kahit di ka official member? hintayin ang guidelines)

5. Emergency subsidy of P5,000 to P8,000 to 18 million low income households all over the country

6. Special Risk Allowance for all public health workers in addition to the hazard pay (dapat lang cos buhay nila ang nakataya)

7. PHILHEALTH coverage for all public and private health workers in case of COVID19 exposure (ibid.)

8. Cash compensation of P100,000 to public and private health workers who may contract severe COVID-19 infection on duty, and P1 million to public and private health workers who may die fighting the COVID-19 epidemic. (this is retroactive so covered yung mga health workers na namatay since Feb 1)

9. Ensure compliance of LGUs while still respecting their autonomy (I call this the Vivico provision 💕)

10. Limited take-over with proper compensation of the following if they unjustifiably refuse or are incapable of operating during the COVID-19 crisis:
- private hospitals
- establishments for the purpose of housing health workers
- transportation for frontliners

(Wala na yung general take over kasi weird naman talaga yun)

11. Enforce anti-hoarding and profiteering measures for food, clothing, medical supplies etc (dapat hulihin rin yung mga yayamanin na nag-hoard for their personal over consumption e no)

12. Ensure that donation of health products are not delayed (hello FDA uli 👋)

13. Priority procurement, allocation and distribution of medical goods such as test kits, PPEs, medical devices (i.e. mechanical ventilators), and medicines (i.e. vaccines) ( )

14. Allocation of these medical goods to COVID-19 referral hospitals (PGH, Lung Center, JRM, private hospitals with COVID 19 patients) (so hospitals, pag di kayo nakatanggap, kasalanan na po ng Presidente)

15. Engage volunteer health workers who shall get compensation + hazard pay (pinush talaga ang sandamakmak na benefits for health workers. Dun man lang, makabayad tayo. Thank you frontliners!)

16. Availability of credit and lower interest rates for production

17. Incentives to manufacturers/importers of healthcare supplies

18. Ensure supply chain of food and medicine (reasonably necessary measures daw so ito dapat bantayan sa IATF guidelines)

19. Regulate transportation and traffic (to make the quarantine effective at para tanggalin ang mga OA na checkpoints)

20. Authorize alternative work arrangements for both government and private sector (na current status naman na)

21. Additional budget from the Executive Department for DOH, UP PGH, calamity fund, DOLE for the displaced workers, DTI Livelihood Seeding Program, DA Rice Farmers Financial Assistance, DEPED School Based Feeding Program (di ko gets to kasi wala naman pasok sa school? haha), DSWD Assistance to Individuals in Crisis Situations, LGUs, Quick Response Funds. (Executive funds lang gamit dito so no transfers between branches which is prohibited under the Consti. Yung mga Executive items na mawawalan ng budget, pwede daw irevive within 2 fiscal years)

22. Use of Special Purpose Funds for COVID-19 response (so yung mga pork at lump sums na pinag-awayan ng matagal mapunta lang sa veerus haha)

23. Move statutory deadlines for filing of any legal document (so covered na dito ang tax. Court deadlines kaya?)

24. Moratorium for all loans including personal, housing, motor vehicle, credit cards falling due within the period of quarantine for a minimum of 30 days without penalties, interests and other fees (so pwedeng di muna magbayad ng utang for 30 days. Pero yung utang mo sa kapitbahay mo bayaran mo na para maka-utang ka uli. At yung sa ex mo bayaran mo na para makamove on na kayo pareho)

25. Residential rent freeze for 30 days without penalties, interests, and other fees (tutal di ka naman pwedeng magtago sa landlord mo kasi saan ka e-eskapo gurl)

26. Lift the 30% limit on the Quick Response Fund (wag lang talaga magkaroon ng additional delubyo on top of the veerus kasi paano na)

27. Report to Congress the amounts, realignment of funds every Monday of the week. (haha gudlak sa gagawa ng budget kaya mo ba)

28. Impose penalties on LGUs, hospitals/establishments under item 10 above, hoarders and profiteers, mga landlords na naniningil pa rin, mga nagpautang na ayaw maghintay ng 30 days, at mga tayo ng tayo ng checkpoint na hindi naman kailangan.

29. Effectivity of these powers were clipped from an indefinite "2 months or longer" to "3 months, unless extended by Congress".

Like any other political story, there are a lot of versions to the emergency powers. Dahil work from home tayo lahat ngayon, we have the obligation to monitor these powers-na-naging-duties and see to it that the spirit of the law is followed

CTTO and shared by Atty. Leah Laja 🙌 😊

24/03/2020

Can the Government, in its battle against COVID 19, enlist and authorize students of medicine, medicine and nursing graduates to practice their respective fields, even if they are not yet board passers?

Yes. Section 12 of the Medical Act of 1959 gives authority to the Secretary of Health to authorize them to practice in exceptional cases such as in times of epidemic or national emergencies, subject to other conditions specified therein.

Fyi
20/03/2020

Fyi

"The truth shall set you free."
10/02/2020

"The truth shall set you free."

The Department of Justice has exonerated four Catholic bishops from a case that accused them of plotting to overthrow the Duterte administration, described by many as intimidation against government critics.

THERE IS NO CRIME, if there is no law punishing the act.
21/11/2019

THERE IS NO CRIME, if there is no law punishing the act.

Asked why cops should arrest v**e users if they will not file a case, police OIC Lieutenant General Archie Gamboa says, ‘Just to implement the directive of the President’

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