legal Free Legal Advice

[fauxhead]

Jopoc,

 

Won't this result in double jeopardy?

 

It is a cardinal rule that the protection against double jeopardy can be invoked for the same or identical criminal offense. An accused should only be punished once for a crime committed, even if two laws prescribe different punishments. The exception is, if the two criminal cases have different elements and nature. Stated otherwise, you can only prosecute an accused for two crimes if each crime involves some important act which is not an essential element of the other.

 

However, in this case, a criminal case for violation of RA 9262 Section 5a necessarily absorbs a charge for physical injuries.

 

Consider how the law was phrased:

 

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

 

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

 

Further, just because an act is punishable by a special law does not automatically make it malum prohibitum. One must look in the very nature of the act. Doing violence against women and children is always immoral and thus, malum in se.

 

Probably, you were referring to a independent civil action for damages arising from physical injuries, fraud, and defamation under Section 33 of the New Civil Code which can proceed independently of the criminal charge.

 

charged with another information? you mean to have 2 cases in a single violation. yes, it is possible. if one act violates the Revised Penal Code and a Special law, like this one, then 2 informations can be filed in separate courts. for example, serious physical injuries under the RPC and beating under 9262. one act or series of acts, but 2 informations/ cases.

 

if this happen, both cases will proceed independently

[rocco69]

tama si fauxhead, dapat hindi makasampa ng kaso ng filiation yung illegitimate na anak habang buhay pa yung friend mo. otherwise, baka mapilitan sya ng korte na i-recognize yun. meaning, pagnamatay siya, sure na meron syang share sa property.

 

in the case of your friend, at least half of the property will automatically go to the illegitimate kung testate (meaning meron will), and only a half can be given away. kung mamatay syang intestate (walang will), sa illegitimate mapupunta lahat.

 

also, whether mag ampon man sya o hindi, sure na me share yung illegitimate kung me judgment of filiation.

 

kung lipat nya by SALE yung properties sa mga relatives nya, of course, mahihirapan na maghabol ang illegitimate. pero kung DONATE nya lang, pwede collate yun at half ng property ay maaring bumalik sa illegitimate.

 

again, to be safe, mas mabuti na wag na sya (yung friend mo) makipagkita o makipagsulatan sa illegitimate na yun. baka gamitin na ebidensya yun laban sa kanya.

 

 

Just to correct the misimpression na di na makakahabol yung anak sa labas pag di siya nagsampa ng kaso for recognition habang buhay pa yung friend mo. Depende sa ebidensyang hawak nung anak kung makakapagclaim pa siya ng share o hindi after the death of your friend. Sa ilalim kasi ng Family Code, kung yung anak sa labas ay merong:

 

(1) record of birth appearing in the civil register [kung saan nakapirma yung friend mo na siya yung ama] or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

 

pwede siyang magsampa ng action for recognition kahit patay na yung sinasabi niyang ama niya. Consequently, he can claim his legitime after he proves his filiation (even though the alleged parent is already dead at the tinme of the filing of the action).

 

However, kung hindi ganito ang ebidensya niya, he has to file the action while his alleged parent is still alive (See Arts. 175 in relation to Articl 172 and 173, Family Code).

[zeromike22]

this is my probs..

 

just a while ago I have finished downloading nba live 2006 into my computer... Now as i tried to installed it may problema ako pag access sa disc 2 kasi hindi pala in iso or image format yung na download ko na files...

ok lang yung disc one pag install but as the command "please insert disc 2" comes out, i don't know nah what to do

 

how do i convert my downloaded files into an image format? So at least I can load it into a virtual program like alcohol120..

[jopoc]

i overlooked those provisions of RA9262. my bad.

 

 

but, with due respect,

 

as to being punished twice on the same act, i believe that this can happen without double jeopary. for example, ILLEGAL RECRUITMENT and ESTAFA or BP 22 and ESTAFA or accessory to theft and fencing, and so on.....

 

 

whatthe constitutions says is that "no person shall be twice put in jeopardy of punishment for the same offense" (Secx21, Art3)

meaning, the offense is the same, not the act itself. ergo, a sigle act can result to 2 or more offenses.

 

and sir, it is different from the civil code art33.

 

Jopoc,

 

Won't this result in double jeopardy?

 

It is a cardinal rule that the protection against double jeopardy can be invoked for the same or identical criminal offense. An accused should only be punished once for a crime committed, even if two laws prescribe different punishments. The exception is, if the two criminal cases have different elements and nature. Stated otherwise, you can only prosecute an accused for two crimes if each crime involves some important act which is not an essential element of the other.

 

However, in this case, a criminal case for violation of RA 9262 Section 5a necessarily absorbs a charge for physical injuries.

 

Consider how the law was phrased:

 

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

 

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

 

Further, just because an act is punishable by a special law does not automatically make it malum prohibitum. One must look in the very nature of the act. Doing violence against women and children is always immoral and thus, malum in se.

 

Probably, you were referring to a independent civil action for damages arising from physical injuries, fraud, and defamation under Section 33 of the New Civil Code which can proceed independently of the criminal charge.

Edited July 29, 2006 by jopoc

[jopoc]

Just to correct the misimpression na di na makakahabol yung anak sa labas pag di siya nagsampa ng kaso for recognition habang buhay pa yung friend mo. Depende sa ebidensyang hawak nung anak kung makakapagclaim pa siya ng share o hindi after the death of your friend. Sa ilalim kasi ng Family Code, kung yung anak sa labas ay merong:

 

(1) record of birth appearing in the civil register [kung saan nakapirma yung friend mo na siya yung ama] or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

 

pwede siyang magsampa ng action for recognition kahit patay na yung sinasabi niyang ama niya. Consequently, he can claim his legitime after he proves his filiation (even though the alleged parent is already dead at the tinme of the filing of the action).

 

However, kung hindi ganito ang ebidensya niya, he has to file the action while his alleged parent is still alive (See Arts. 175 in relation to Articl 172 and 173, Family Code).

 

 

sir, dito ko binase yung assumption na wala yung mga ebidensya na yan, so dapat during lifetime maghabol yung illegitimate na anak.

 

Sirs question lang po, I have a friend who is single but has an illegitimate child (anak sa labas), matanda na yung anak sa labas and may sarili ng family sa US, since birth di sya recognized na anak ng friend ko...

So pag namatay yung friend ko is there a way if ayaw nya sa anak sa labas mapunta yung properties nya? Kunwari sa siblings nya gusto mapunta or sa mga pamangkin? what are the legal ways? meron ba?

thanks po in advance.

[fauxhead]

Hahaha. Nicely put.

 

sir, dito ko binase yung assumption na wala yung mga ebidensya na yan, so dapat during lifetime maghabol yung illegitimate na anak.

[_Pabling]

nope. it wont reflect.

im sorry, whats TAT?

 

 

Yes, what is TAT? Never heard of it.

 

Im sorry. Its "turn around time". Thanks in advance. :mtc:

[dgr81]

Help!! all my avi files are now choppy playback on window media player n vlc media player. even my internet page scroll down is choppy. i virus scan it clean. i however notice that these problems begun when i got a message saying that i have low virtual memory. i'm using intel celeron 1.3, 256 ram, internal 20gb 7200rpm hd and an external 80gb 7200rpm hd. is it a ram problem or virus problem??? btw im using windows xp service pack 2 i read in some sites that 512 is the minimum ram requirement to run xp is it true?

Edited July 31, 2006 by dgr81

[smoothcriminal]

the law does not specifically state that it is. but it is my opinion that those acts that are done habitually (like beating, forcing them into prostitution, etc) canbe considered as a continuing crime.

 

you mean to have 2 cases in a single violation.

 

if this happen, both cases will proceed independently

 

Boss Jopoc thank you for that information... let me clarify my query and give you a clearer picture

 

a) an information has been filed in violation of RA 9262 (VAWC Act) pertaining to child support. nasampa na sa Family Court

 

however, erratic pa rin support na bibigay sa mga anak despite capability (economic dependency)

 

question: will this merit another information to be filed? no protection order has been sought from the court as yet (too late na daw)... will support pendite lite suffice to compel the offender to provide support? will it help the case (already filed RA 9262 case)

[pogingpogi]

paanu ba dapt gamitin to convert windows media player to 3gp...or likewise?

[deus]

@ zeromike22

 

What might the file format be?

 

@ dgr81

 

well, a lot of laptop has 256mb and winxp sp2 (256 min; 512 above recommended) installed and does not have that kind of problem.

 

anyway, try to:

 

1. update your graphics card driver

2. defrag your hard drive

3. increase the virtual memory (control panel-system-advanced-

performance "settings"-advanced-virtual memory "change") to Initial:

512MB and Maximum 768-1024 (depending on your free storage

space).

4. Adjust the visual effects to "best performance" (control panel-system-

advanced-performance "settings"-visual effects).

5. Shutdown virus scanner and firewall and anything that is in the

system tray (these tends to bloat the system) that is not important

before launching media player.

6. Do registry tweak (need to know basis)

[deus]

@ pogingpogi

 

Try to search and download Boilsoft MOV Converter. Use the 3GP to DVD option and choose MPEG1.

 

Does anyone know how to track or block someone from using your IP Address (besides the usual firewall and stuff)?

[deus]

guys, here's my problem. i installed my USB 2.0 driver, but it seems it didnt worked out. i already have SP2 installed. i attached a pic for you guys to see. thanks in advance..

 

It should read VIA USB 2.0 Enhanced Host Controller.

 

Insert you motherboard disc driver and right click VIA USB Enhanced Host Controller then select update driver. Choose "Install from a specific location" then click "next" and point it to you CDROM drive with the driver disc.

 

Remember, not all the USB ports on your computer will have USB 2.0 (refer to the motherboard manual).

And please don't delete the other USB in the device manager as these refers to the other usb ports on your motherboard.

 

I almost forgot to add: go to the BIOS and see if the USB 2.0 controller is enabled (see the manual on where to find the settings). If its not, enable it and set the speed (if there is an additional option) to "HISPEED"

[deus]

guys, here's my problem. i installed my USB 2.0 driver, but it seems it didnt worked out. i already have SP2 installed. i attached a pic for you guys to see. thanks in advance..

 

It should read VIA USB 2.0 Enhanced Host Controller.

 

Insert you motherboard disc driver and right click VIA USB Enhanced Host Controller then select update driver. Choose "Install from a specific location" then click "next" and point it to you CDROM drive with the driver disc.

 

Remember, not all the USB ports on your computer will have USB 2.0 (refer to the motherboard manual).

And please don't delete the other USB in the device manager as these refers to the other usb ports on your motherboard.

 

I almost forgot to add: go to the BIOS and see if the USB 2.0 controller is enabled (see the manual on where to find the settings). If its not, enable it and set the speed (if there is an additional option) to "HISPEED"

[deus]

guys, here's my problem. i installed my USB 2.0 driver, but it seems it didnt worked out. i already have SP2 installed. i attached a pic for you guys to see. thanks in advance..

 

It should read VIA USB 2.0 Enhanced Host Controller.

 

Insert you motherboard disc driver and right click VIA USB Enhanced Host Controller then select update driver. Choose "Install from a specific location" then click "next" and point it to you CDROM drive with the driver disc.

 

Remember, not all the USB ports on your computer will have USB 2.0 (refer to the motherboard manual).

And please don't delete the other USB in the device manager as these refers to the other usb ports on your motherboard.

 

I almost forgot to add: go to the BIOS and see if the USB 2.0 controller is enabled (see the manual on where to find the settings). If its not, enable it and set the speed (if there is an additional option) to "HISPEED"

[deus]

Sorry for the duplicate posts.

[Dr_PepPeR]

Im sorry. Its "turn around time". Thanks in advance. :mtc:

 

*sigh* This reminds me of two more acronyms:

 

WHAFT - We Have an Acronym For That

LTSS - Learn To Spell Stupid

[jopoc]

Boss Jopoc thank you for that information... let me clarify my query and give you a clearer picture

 

a) an information has been filed in violation of RA 9262 (VAWC Act) pertaining to child support. nasampa na sa Family Court

 

however, erratic pa rin support na bibigay sa mga anak despite capability (economic dependency)

 

question: will this merit another information to be filed? no protection order has been sought from the court as yet (too late na daw)... will support pendite lite suffice to compel the offender to provide support? will it help the case (already filed RA 9262 case)

 

 

a provisional remedy of support pendente lite can be filed against the accused. it is allowed pending any suit wherein support is an issue. it can be filed anytime before the final decision of the court. so if the case is merely on its initial stages, then go file one.

 

if the accused fails or refuses to give support, then a writ of execution can be issued by the court.

 

there is no need to file a new information/case.

[jopoc]

Im sorry. Its "turn around time". Thanks in advance. :mtc:

 

 

again, pardon my ignorance.....what is turn around time???

====

 

 

dr. pepper,

 

angie told me that your one hunk of a guy.....hehehe..... :cool:

[agentjackbauer]

Boss Jopoc thank you for that information... let me clarify my query and give you a clearer picture

 

a) an information has been filed in violation of RA 9262 (VAWC Act) pertaining to child support. nasampa na sa Family Court

 

however, erratic pa rin support na bibigay sa mga anak despite capability (economic dependency)

 

question: will this merit another information to be filed? no protection order has been sought from the court as yet (too late na daw)... will support pendite lite suffice to compel the offender to provide support? will it help the case (already filed RA 9262 case)

 

 

To answer your question directly, no, it should not merit another criminal information.

 

From what I understand from your post, a criminal information has been filed due to the failure of the father to financially support the child. I believe in RA 9262 this would fall under "economic abuse" wherein there is a withdrawal or deprivation financial support. If during the pendency of the case, he still is unable to provide adequate support, he should not be criminally charged again for the said act coz there is still a pending case against him. Kumbaga, one and the same crime yun.

 

As for the issue of support, may I know who said na "too late na raw" and why? You can file an independent Petition for Issuance of Permanent Protective Order; such Petition may or may not include the matter of support. Section 11 of R.A. 9262 states:

 

"How to Apply for a Protection Order. – The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act.xxx"

[agentjackbauer]

Pabling,

 

I dont quite remember the turn-around time (to use your term) but if Im not mistaken the prosecutor has 120 days (or is it 90?) to resolve the complaint from the time it is endorsed to him. Within the said period, dapat may resolution na sya. Of course, hindi lagi nasusunod yan at matapos gawan ng resolution ng "piskal" yan ay subject for approval pa yan ng City Prosecutor. From a recent case I handled, lumabas naman ang resolution within 6 months from the time of filing. Depende na rin kasi kung marami pa ang palitan ng pleadings ng mga parties. Yun sa amin mabilis na dahil di na nag Counter-Affidavit ang kalaban.

[akizuki]

im not sure how good mambo is, although i tried using it for one website... you may try drupal cms too. it can be downloaded in www.drupal.org

[_Pabling]

*sigh* This reminds me of two more acronyms:

WHAFT - We Have an Acronym For That

LTSS - Learn To Spell Stupid

 

My apologies, one bad habit i got from the office. <_<

 

again, pardon my ignorance.....what is turn around time???

 

Ahmmmm....? Usually on these kinds of cases, How long does it take before they get a resolution/verdict?

 

Again thanks and sorry kung makulet. :mtc:

[_Pabling]

Pabling,

 

I dont quite remember the turn-around time (to use your term) but if Im not mistaken the prosecutor has 120 days (or is it 90?) to resolve the complaint from the time it is endorsed to him. Within the said period, dapat may resolution na sya. Of course, hindi lagi nasusunod yan at matapos gawan ng resolution ng "piskal" yan ay subject for approval pa yan ng City Prosecutor. From a recent case I handled, lumabas naman ang resolution within 6 months from the time of filing. Depende na rin kasi kung marami pa ang palitan ng pleadings ng mga parties. Yun sa amin mabilis na dahil di na nag Counter-Affidavit ang kalaban.

 

Thanks 'agentjackbauer' for shedding some light. So is it safe to say na 4-6 mos from the date of submission ung possible duration ng kaso (that is kung walang counter affidavit)?

 

Much thanks :mtc:

[_Pabling]

Help!! all my avi files are now choppy playback on window media player n vlc media player. even my internet page scroll down is choppy. i virus scan it clean. i however notice that these problems begun when i got a message saying that i have low virtual memory. i'm using intel celeron 1.3, 256 ram, internal 20gb 7200rpm hd and an external 80gb 7200rpm hd. is it a ram problem or virus problem??? btw im using windows xp service pack 2 i read in some sites that 512 is the minimum ram requirement to run xp is it true?

 

mataas na ung 256 na ram for xp sp2. check sys requirements at link.

 

nasabi na ni deus ung mga pwedeng gawin kaso try mo din mag msconfig

tas refer to link for the startup items na dapat mong iwanan.

 

HTH