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Atty. Manuel J. Laserna Jr.
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Las Pinas City, Metro Manila,
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MANUEL J. LASERNA JR.- Guide to Appellate


Partner, Laserna Cueva-Mercader Pleadings
Law Offices. Admitted to the Bar BusinessMirror - DBP
in 1985 (3rd placer, 1984 bar spokesman-lawyer
exam). Law professor of FEU, loses roun...
Manila, 1985 to 2006 (ret.). Educ.:
Conflict of interests
AB Journ., UP, Diliman, QC,
1975; Bachelor of Laws (LL.B.), Habeas corpus; Libel
cum laude, FEU, 1984; Master of
Judiciary funds fully
Laws (LL.M.), UST, (cand.), Manila
audited SC |
[as FEU fellow, 1998-2000]. Headlines, Ne...
Honors: 3rd placer, 1984 Bar
Exams (90.95%; only 22% SC dismisses court
passed); Meralco pre-law scholar; employee found
positive for sha...
Cocofed law scholar; Cocofed
management scholar (AIM, SC cant invoke fiscal
Makati); FEU fellow (LLM, UST). autonomy |
Bar leader in southern Metro Headlines, New...
Manila area since 1995. Founded BIR Officials Amass
Las Pinas City Bar Assn (2001). Unexplained Wealth
Served as director/sec./vice
pres., IBP PPLM Ch., 1995-2007. FEU appoints new
dean of law
- Contact: Email
"lcmlaw@gmail.com". Google CRIMINAL
Maps - "Laserna Cueva-Mercader NEGLIGENCE OF
Law Offices". DRIVERS AND
OPERATORS;
View my complete profile appl...

Reckless imprudence,
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No. 160351 private me...

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Atty. Manuel J. Laserna Jr.: CRIMINAL NEGLIGENCE OF DRIVERS A... http://attylaserna.blogspot.com/2013/12/criminal-negligence-of-drivers-a...

See - G.R. No. 160351 "x x x. if done maliciously, would have constituted a light felony. Article 2060 of the
The issues are: (1) whether the Civil Code clearly
Court of Appeals erred in requires th...
sustaining the conviction of
petitioner ... Exceptions under Art. 365 - Petitioner served and
filed the Motion for
Estafa (deceit/swindling) under Extensi...
Art. 315, Rev. Penal Code The provisions of Art. 365 are not be applicable:
Fake decisions in
For legal research purposes of
annulment of
my readers, may I share the 1. When the penalty provided for the offense is equal to or lower than marriage cases
jurisprudential part of a motion for
those provided in the first two paragraphs of this article, in which case the
reconsideration I have just filed Filing pleadings via
with the... court shall impose the penalty next lower in degree than that which
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should be imposed in the period which they may deem proper to apply. implic...
Titling of public lands
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2. When, by imprudence or negligence and with violation of the Automobile violates international
foreign readers visiting this blog,
on the subject of the legal system Law, the death of a person shall be caused, in which case the defendant law: ...
involving the titling of public la... shall be punished by prision correccional in its medium and maximum Philippines is 13th
periods. 'dirty money'
Estafa; sample counter-affidavit exporter | ABS-C...
Below is a sample counter-
affidavit prepared by Atty. Manuel Absurd tax exemption
J. LAserna Jr. involving Estafa Failure to Lend Help bills | Inquirer
undergoing preliminary Business
investigation bef...
Art. 365 provides that the penalty next higher in degree to those provided for in SC checks Arlene L.;
this article shall be imposed upon the offender who fails to lend on the spot to the Palace airs support
CRIMINAL NEGLIGENCE OF
| Inqui...
DRIVERS AND OPERATORS; injured parties such help as may be in this hand to give. (As amended by R.A.
applicable laws; penalties; civil Powers of PCGG,
1790, approved June 21, 1957).
liabilities. Sandiganbayan
Reckless imprudence vis--vis over sequestered
simple negligence . - Art. 365 of ass...
the Revised Penal Code provides REPUBLIC ACT NO. 10586 (Anti-Drunk and Drugged Driving Act of
that reckless imprudence Types of Fraud in
cons... 2013) Contracts

Distinction between a
Jurisdiction of Philippine courts Punishable Act Rule 45 Petition for
I am presenting below a brief Review ...
digest of the jurisdiction of
Philippine courts as contained in Sec. 5 of RA 10586 (Punishable Act) provides that it shall be unlawful for any
Search warrants
BATAS PAMBANSA Blg. 129, as person to drive a motor vehicle while under the influence of alcohol, dangerous issued under
amended. for the ... drugs and/or other similar substances. Sections 155 and
168,...
Contract to sell vs. contract of
sale explained - G.R. No. 188064 Mandatory Tests Any procedural defect
in the proceedings
G.R. No. 188064 (click link) "x x x.
taken aga...
The Courts Ruling The petition Sec. 8 (Refusal to Subject Oneself to Mandatory Tests) of the said provides that
lacks merit. The Court agrees with Right to counsel in
the ruling of... a driver of a motor vehicle who refuses to undergo the mandatory field sobriety
administrative
and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the cases
Estafa and Blg. 22; Complaint w/ confiscation and automatic revocation of his or her drivers license, in addition to
laws and jurisprudence. Due process, as a
other penalties provided herein and/or other pertinent laws.
I wish to share a criminal constitutional
complaint for Estafa and BP 22 precept, does not...
that I prepared recently, with
The Court finds that
focus on the legal research Penalties under RA 10586 the breach
aspect thereof, for t...
committed by CIGI
The penalties imposed by the said law are contained in Sec. 12 (Penalties) ...

thereof. It provides that a driver found to have been driving a motor vehicle Self-serving general
Links statements of
while under the influence of alcohol, dangerous drugs and/or other similar
witnesses.
Ltigation, Appeals, Justice substances, as provided for under Section 5 of this Act shall be penalized as
System - Laserna Cueva- follows: Requirements for
Mercader Law Offices confirmation and
registration of ...
(a) If the violation of Section 5 did not result in physical injuries or
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Followers homicide, the penalty of three (3) months imprisonment, and a fine ranging
Mishaps by
from Twenty thousand pesos (Php20,000.00) to Eighty thousand pesos Lawyers and Law
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(b) If the violation of Section 5 resulted in physical injuries, the penalty rebels sign 'power
provided in Article 263 of the Revised Penal Code or the penalty provided in the sharing' ac...
next preceding subparagraph, whichever is higher, and a fine ranging from One Paraaque, Las Pias
hundred thousand pesos (Php100,000.00) to Two hundred thousand pesos offer tax discounts
to early...
(Php200,000.00) shall be imposed;
No stopping Enrile
Notes: probe | Inquirer
News

Article 263 (Serious physical injuries) of the Rev. Penal Code provides that any person Appeal from the
RTCs decision
who shall wound, beat, or assault another, shall be guilty of the crime of serious physical

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Atty. Manuel J. Laserna Jr.: CRIMINAL NEGLIGENCE OF DRIVERS A... http://attylaserna.blogspot.com/2013/12/criminal-negligence-of-drivers-a...

may be undertaken
Mga sumusubaybay (197)
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Susunod
Exceptions to the
doctrine of primary
jurisdiction...

Commonwealth Act
No. 327, as
amended by
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Doctrine of primary
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Good faith as defense


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of nullity of

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Atty. Manuel J. Laserna Jr.: CRIMINAL NEGLIGENCE OF DRIVERS A... http://attylaserna.blogspot.com/2013/12/criminal-negligence-of-drivers-a...

any of the circumstances enumerated in the next preceding article, shall be deemed marriage; A...
guilty of homicide and be punished by reclusion temporal. Rule 108 viz. Art. 170,
Family Code -
Article 246. Parricide. - Any person who shall kill his father, mother, or child, impugning le...

whether legitimate or illegitimate, or any of his ascendants, or descendants,


November (10)
or his spouse, shall be guilty of parricide and shall be punished by the penalty of

reclusion perpetua to death. October (38)

September (17)
(d) The nonprofessional drivers license of any person found to have violated
August (40)
Section 5 of this Act shall also be confiscated and suspended for a period of twelve
(12) months for the first conviction and perpetually revoked for the second July (67)
conviction. The professional drivers license of any person found to have June (36)
violated Section 5 of this Act shall also be confiscated and perpetually revoked for
May (22)
the first conviction. The perpetual revocation of a drivers license shall disqualify
the person from being granted any kind of drivers license thereafter. April (46)

March (65)

February (46)
Without Prejudice to Other Applicable Laws.
January (17)
Art. 12 of RA 10586 provides that the prosecution for any violation of this Act
2012 (670)
shall be without prejudice to criminal prosecution for violation of the Revised
Penal Code, Republic Act No. 9165 and other special laws and existing local 2011 (489)
ordinances, whenever applicable. The crime defined under RA 10586, a special 2010 (285)
law, is classified as malum prohibitum. The offender may still be prosecuted
2009 (235)
under Art. 365, et. seq. of the Rev. Penal Code, where the offenses defined therein
are classified as mala en se. 2008 (182)

2007 (114)

Direct Criminal and Civil Liabilities


of the Operator Total Pageviews
Sec. 13 (Direct Liability of Operator and/or Owner of the Offending Vehicle) of 5,665,406
RA 10586 provides that the owner and/or operator of the vehicle driven by the
offender shall be directly and principally held liable together with the offender for
the fine and the award against the offender for civil damages unless he or
she is able to convincingly prove that he or she has exercised extraordinary
diligence in the selection and supervision of his or her drivers in general and the
offending driver in particular.

The said section provides that it shall principally apply to the owners and/or
operators of public utility vehicles and commercial vehicles such as delivery vans,
cargo trucks, container trucks, school and company buses, hotel transports, cars
or vans for rent, taxi cabs, and the like.

What laws did RA 10586 repeal?

Sec. 19 (Repealing Clause) of RA 10586 repealed the following laws:

1. Subparagraph (f), Section 56, Article 1 of Republic Act No. 4136,


otherwise known as the Land Transportation and Traffic Code, as
amended;

Note

Section 56 (Penalty for violation) of RA 4136 provides that the penalty for (f) Driving

a motor vehicle while under the influence of liquor or narcotic drug, a fine of not less

than two hundred pesos nor more than five hundred pesos, or imprisonment of not more

than three months, or both, at the discretion of the Court.

2. Subparagraph (f), Section 5 of Republic Act No. 7924, otherwise known


as An Act Creating the Metropolitan Manila Development Authority
(MMDA), Defining its Powers and Functions, Providing Funds Therefor
and for Other Purposes;

Note

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Subparagraph (f), Section 5 of Republic Act No. 7924 provides that among

the powers of the MMDA is to install and administer a single ticketing

system, fix, impose and collect fines and penalties for all kinds of violations of

traffic rules and regulations, whether moving or non-moving in nature, and

confiscate and suspend or revoke driver's licenses in the enforcement of such

traffic laws and regulations, the provisions of RA 4136, and PD 1605 to the

contrary notwithstanding.

3. Subparagraph (a), Section 36 of Republic Act No. 9165; and

Note

RA 9165, Comprehensive Dangerous Drugs Act of 2002". -

Section 36, Subparagraph (a) (Authorized Drug Testing) of RA 9165, or

the Comprehensive Dangerous Drugs Act of 2002, provides that no driver's

license shall be issued or renewed to any person unless he/she presents a

certification that he/she has undergone a mandatory drug test and

indicating thereon that he/she is free from the use of dangerous drugs;

4. All other laws, orders, issuances, circulars, rules and regulations or parts
thereof which are inconsistent with any provision of this Act are hereby
repealed or modified accordingly.

Atty. Manuel J. Laserna Jr.


Laserna Cueva-Mercader Law Offices
Las Pinas City, MM, PH

Posted by Atty. Manuel J. Laserna Jr. at 3:45 AM

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