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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

What Is Extortion?

Have you ever encountered a person who demands you to give up money or other property by intimidation, threat of violence or damage to your reputation? Extortion involves force and even if the victim has given his or her consent, that consent has been obtained illegally. Extortion comes is many forms. A classic example would be the protection scheme. This involves demanding store owners to pay a certain amount for protection to prevent the extortionist from creating any damage to the store owner's property.

The laglag bala scheme is also an example of extortion. Some people who were caught carrying bullets were asked to pay the airport authorities in exchange of their freedom. Some laglag bala victims chose to pay to spare themselves from the long investigation process.  In extortion, there is a threat of violence involved and it leaves victims with no other choice but to comply to avoid any inconvenience and disturbance.

Section 9. Article 294 of the same Code is hereby amended to read as follows:


Art. 294. Robbery with violence against or intimidation of persons 

Penalties. Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision I of Article 263 shall have been inflicted.

3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 263.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases.

Anyone can be a victim of extortion and if you feel that your rights have been violated, you need to seek help from an attorney.

Septuagenarian Charged For Carrying A Bullet In Her Bag

On Apri 19, Tuesday a 75-year old passenger bound for the US was stopped by the airport security officers to undergo investigation due to a suspected bullet in her handbag. The tanim-bala scheme has been laid to rest for a few months, but the incident that happened on Tuesday has resurrected this issue once again and clouded the minds of passengers regarding the efficiency of the government and the officials in NAIA in resolving this issue. There are nagging suspicions due to the fact that most of the victims are older people who can easily be easily persuaded.

The victim of the allegation is Salvacion Cortabista of Antipolo City. She said that one person also allegedly asked her for 50,000. According to Pablo Francisco Balagtas, the Director of Avsegroup, who is conducting an investigation to shed light on this issue, they are waiting for Cortabista to file a formal complaint and validate claims. If evidences can satisfy claims, the airport security officials violate Section 3 of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

“Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.

(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.

(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.”

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