Divinagracia, Solis and Associates Law Office

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15/03/2024

Probable cause in money-laundering cases:

“To establish this, a petitioner must show “facts and circumstances which would lead a reasonably discreet, prudent or cautious [person] to believe that an unlawful activity and/or money laundering offense is about to be, is being or has been committed and that the account is in any way related to said unlawful activity and/or money laundering offense.

BAI SANDRA SINSUAT A. SEMA vs, REPUBLIC OF THE PHILIPPINES represented by the ANTI-MONEY LAUNDERING COUNCIL (AMLC), G.R. No. 198083, October 10, 2022

Determination of probable cause in anti-money laundering cases are essential to uphold issuance of freeze orders.

RA 9995, the law penalizing photo and video voyeurism.
03/02/2024

RA 9995, the law penalizing photo and video voyeurism.

Republic Act 9995 penalizes the crime of photo and video voyeurism, and provides penalties for their violation.  To be clear, the rationale for its enactment is provided in the law’s declarati…

Rationale for enactment of RA 9262
22/01/2024

Rationale for enactment of RA 9262

Republic Act 9262, entitled “An Act Defining Violence Against Women and Their Children, Providing for Protective Measures For Victims, Prescribing Penalties Therefore, and For Other Purposes took e…

Notice of dishonor in BP 22.
20/01/2024

Notice of dishonor in BP 22.

Presumption of insufficiency of funds.- “Section 2 of B.P. 22 creates the presumption that the issuer of the check was aware of the insufficiency of funds when he issued a check and bank dishonored…

Some notes on BP 22.
14/01/2024

Some notes on BP 22.

Check defined. – “By definition, a check is a bill of exchange drawn on a bank ‘payable on demand. It is a negotiable instrument – written and signed by a drawer containing an unconditional order t…

May a child testify on the psychological incapacity of his mother or father in a petition for declaration of nullity of ...
13/01/2024

May a child testify on the psychological incapacity of his mother or father in a petition for declaration of nullity of marriage under Article 36 of the Family Code?

Manuel filed a petition for annulment of marriage against his wife, Nora based on psychological incapacity under Art. 36 of the Family Code.  Manuel presented a psychiatrist, Dr. Cecilia Ville…

Doctrine of last clear chance...
13/01/2024

Doctrine of last clear chance...

How to establish negligence on the part of a motorist. – “Gonzaga v. People states that to establish a motorist’s liability for negligence, the prosecution must show the “direct causal connection b…

What law to use when dealing with Facebook libel?
12/01/2024

What law to use when dealing with Facebook libel?

Article 355 of the Revised Penal Code does not include “online defamation”- “Reading Article 355 of the Revised Penal Code, “similar means” could not have included “online defamation” under the sta…

Article 48 of the Revised Penal Code does not apply to quasi-crimes under Article 365 of the RPC.
11/01/2024

Article 48 of the Revised Penal Code does not apply to quasi-crimes under Article 365 of the RPC.

Reckless imprudence, defined. – “Article 365 of the Revised Penal Code defines reckless imprudence as voluntarily, but without malice, doing or failing to do an atc from which material damages resu…

What are the requirements to be a credible witness in support of a petition for naturalization?
10/01/2024

What are the requirements to be a credible witness in support of a petition for naturalization?

Requirements for character witnesses in naturalization proceedings. – “In Ong v. Republic,[1] the Court listed the requirements for character witnesses, namely: That they are citizens of …

August 2023 updates in special penal laws.
09/01/2024

August 2023 updates in special penal laws.

RA 9165 PLEA BARGAINING In a motion for plea bargaining, the RTC must resolve on the merits the prosecution’s objections. – The RTC acted correctly in granting the accused’s Motion to Plea Bar…

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