Philippine e-Legal Forum

The hope is to make the Law Central, Philippines a comprehensive collection of legal tools, information and resources for the Philippines. This endeavor is made easier by the fact that helpful resources and sites are already online.

This is also intended to be partly driven by all users. There is a "submit" or "add" link in some menu items, i.e., new entries for law firms, law schools, blawgs and the Philippine Online Law Dictionary. The other items, however, are not yet available for general use. Please use the Contact Us menu should you want to submit other helpful resources, primarily books and journals. Submissions in the directories and resources, as well as comments and suggestions, are most welcome.

This is a spin-off from the Atty-at-Work. See also Philippine Online Law Dictionary.

Definition of terms and phrases used in the legal system of the Philippines. Go here to view the Philippine Online Law Dictionary.

Republic Act No. 8353, also known as the "Anti-Rape Law of 1997", reclasifies rape to a crime against persons.  It amended the Revised Penal Code, thus:

Article 266-A. Rape: When and How Committed. - Rape is Committed-

1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present;

2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into other person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:

1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
2) When the victim is under the custody of the police or military authorities or any law enforcement of penal institution.
3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity.
4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime.
(5) When the victim is a child below seven (7) years old.
(6) When the offender knows that he is afflicted with Human Immune-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim.
(7) When committed by any member of the Armed Forces of the Philippines or paramilitary units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime.
(8) When by reason or on the occasion of the rape, the victim suffered permanent physical mutilation or disability.
(9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime.
(10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.

Some people still have this misplaced confidence in the deterrent effect of Batas Pambansa (”B.P.“) Blg. 22, also known as the Bouncing Checks Law. Here are some things a layman should know:

1. The issuer is not automatically liable simply because the check “bounced”. A check generally “bounces” when dishonored upon presentment (reasons include, account closed, drawn against insufficient funds or DAIF). However, it is indispensable that the issuer must be notified in WRITING about the fact of dishonor, and he has 5 days from receipt to pay the value of the check or make arrangements for the payment thereof.

2. Filing fees are generally not required for criminal cases. For B.P. 22 cases, however, the complainant is required to pay the filing fees (based on the value of the check/s and the damages claimed, just like in civil cases) upon filing of the case in court.

3. One major deterrent against bouncing checks is the threat of a warrant of arrest being issued once the criminal case is filed in court. This is no longer true. No warrant of arrest is issued unless the accused fails to appear when required by the court.

4. Even if a criminal case under B.P. 22 is filed, the court can’t issue a hold-departure order (HDO). All violations of the Bouncing Checks Law, regardless of the amount involved, are filed only with the municipal/metropolitan trial courts. These courts cannot issue an HDO.

5. Courts have the discretion of imposing: (a) imprisonment only; (b) fine only; OR (c) both. It is entirely possible that only a fine, without imprisonment, is imposed.

On the other hand, just like in any aspects of business, high vigilance is required because check frauds are prevalent. In my experience working with banks, I have seen really clever forgeries and fraudulent schemes. Some cases are difficult to detect, yet some could have been prevented by simple vigilance.

1. Never accept a second-endorsement check. Mr. A issues a check to pay Mr. B (payee), and Mr. B uses the same check to pay Mr. C. That is a second-endorsement check. It’s so risky that banks, as a rule, do not accept this kind of checks.

2. Be careful with crossed checks (with diagonal lines in one corner). It’s good only for the one named as the payee and it can only be deposited by said payee with a bank where he has an account.

3. Always reconcile your record at the end of each month. Banks send statements; if they do not, ask them. Many fraudulent activities can be prevented or minimized by simple bookkeeping. This is really basic, yet the Supreme Court had to repeat this reminder in many cases.

Employers are required under Republic Act No. 7877 (also known as the “Anti-Sexual Harassment Act of 1995“) to:

Surprisingly, many employers have not yet complied with these requirements despite the fact that the law was passed way back in 1995.

Sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of the act.

(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

2) The above acts would impair the employee’s rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges or considerations; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

The crime is punishable by imprisonment of not less than 1 month nor more than 6 months, and/or a fine of not less than P10,000.00 nor more than P20,000.00.

The right against deprivation of liberty is guaranteed by no less than the Constitution, which states that “[n]o person shall be deprived of life, liberty or property without due process of law xxx” (Article 3, Section 1) and that “[n]o search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.” (Art. 3, Sec. 2)

This right has been characterized by the Supreme Court as “a most basic and fundamental” right that has been “often violated and so deserving of full protection”. As a rule, no arrest may be made without a warrant of arrest. The exceptions (”warrantless arrests“) under the Revised Rules on Criminal Procedure (Rule 113, Sec. 5) are arrests made by a peace officer or a private person:

Sec. 5 (a) is also referred to as arrests in flagrante delicto, wherein two elements must exist: (1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the arresting officer. For an extended legal discussion on in flagrante delicto and “hot pursuit” arrests, click here, here or here.

On the other hand, Section 5 (b) refers to arrests made in “hot pursuit”, wherein two requisites must exist: (1) an offense has in fact just been committed; and (2) the arresting officer has probable cause based on personal knowledge of facts or circumstances indicating that the person to be arrested committed the offense.