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Practice Areas
Fortun and Santos Law Offices offers a comprehensive range of legal services designed to address your needs, including:
Criminal Law
Skilled representation in criminal cases, ensuring protection of clients' legal rights through all stages, from investigation to trial and appeals.
Administrative Law
Providing comprehensive support in disputes with government agencies, from regulatory compliance to resolving administrative penalties and sanctions.
Document Drafting
Crafting precise, legally sound documents for contracts, agreements, and other legal transactions, tailored to meet clients' unique needs and goals.
Document Review
In-depth examination of legal documents to ensure accuracy, legal compliance, and to identify any potential risks or issues.
Formulation of Legal Opinions
Delivering well-researched, clear legal advice to help clients make informed decisions on complex legal matters and strategies.
Property and Boundary Disputes
Legal representation in property and boundary conflicts, providing solutions to resolve disputes amicably or through litigation if necessary.
Civil Law
Expertise in handling disputes between individuals or businesses, including contract, tort, family, and estate matters, striving for favorable resolutions.
Labor Law
Handling labor disputes, including wrongful termination, wage issues, and workplace rights, for both employees and employers in various sectors.
Legal Audit
Conducting a thorough review of client’s legal affairs, identifying potential risks, ensuring compliance, and providing recommendations for legal safeguards.
Due Diligence
Comprehensive analysis and verification of legal matters in transactions, mergers, or acquisitions, ensuring clients are fully informed of risks.
Real Property Titling
Assistance in obtaining legal titles, clarifying ownership, and ensuring that all necessary requirements are met for real estate transactions.
Land and Registration Issues
Resolving land ownership or registration issues, ensuring clarity in title status and compliance with land registration laws.
Blog and News
By
adminChiz Escudero: Duterte's Admissions May Signal a Step Toward Accountability for Drug War Killings
enate President Francis "Chiz" G. Escudero stated today that former President Rodrigo Duterte's recent statements during a Senate Blue Ribbon Committee hearing could signify an initial step toward taking responsibility for the violent drug war conducted under his administration.
While Escudero acknowledged that Duterte’s testimony largely echoed his previous statements from his time in office, he noted a key difference: this time, Duterte’s words were given under oath.
"Yesterday, every word he spoke was under oath. He swore that what he stated was true to the best of his knowledge. This can be used either in his defense or against him," Escudero said.
Duterte’s statements were officially recorded, with the hearing transcripts soon to be available for any interested parties and the general public.
Escudero emphasized that, unlike in the past, where Duterte’s spokespersons dismissed his strong statements on drug-related killings as jest, Duterte can no longer make this claim, having testified under oath.
"It seems he stands by what he did and said—he’s not hiding from it. His statement yesterday was clear: ‘I am willing to take full responsibility, just me.’ How that is implemented remains to be seen. Perhaps this is Duterte’s way of putting that sentiment into action, bravely facing and admitting to what transpired," Escudero added.
The Senate President pointed out that, despite the drug war killings during Duterte’s administration and his time as Davao City mayor, no charges have been filed against Duterte himself, nor against his Philippine National Police (PNP) chiefs or Davao City’s former police leaders.
"He is without a case. The former PNP chiefs and Davao City police heads are also untouched by any murder cases. The officers facing charges are those who, it appears, either followed orders or acted as they saw fit. They are the ones dismissed from service, imprisoned," Escudero said.
From Duterte's testimony, Escudero said the former President seemed "clear in his message."
Reflecting on his experience with Duterte, Escudero noted, "He often acts in unexpected ways. Perhaps his firm stance yesterday stems from a desire to bear responsibility, as time has passed, yet the consequences have largely fallen on low-ranking officers—not those at the top."
As a lawyer, Escudero underscored that the Constitution prohibits anyone from taking the law into their own hands, regardless of motive.
"The first clause in the Bill of Rights states that ‘No person shall be deprived of life, liberty, or property without due process of law.’ This foundational principle in our Constitution demands that human rights be respected, especially by the government and those in authority," Escudero stated.
"Even the government must uphold the process. A civilized government does no less than ensuring due process for all, no matter the emotional weight or urgency," he said.
Escudero concluded that it is now up to affected parties, particularly the families of the drug war victims, to determine their next steps in light of Duterte’s sworn statements.
By
adminUnderstanding the Essentials of Cybercrime Law in the Philippines
The rapid growth of the internet has transformed how Filipinos interact, conduct business, and share information. However, it has also introduced new challenges, including a rise in online crimes. The Philippine government has responded to these challenges by enacting Republic Act No. 10175, commonly known as the Cybercrime Prevention Act of 2012. This law aims to define, prevent, and penalize cybercrimes committed within the country. Here’s a closer look at what the law entails, its implications, and what Filipinos should know about their rights and responsibilities online.
What is Cybercrime?
In simple terms, cybercrime refers to illegal activities conducted using a computer, the internet, or other digital networks. These crimes can range from hacking and identity theft to cyberstalking and online fraud. Cybercrime can be committed by anyone with access to the internet and the necessary technical knowledge, making it one of the most pervasive challenges of our time.
Key Features of the Cybercrime Prevention Act
The Cybercrime Prevention Act addresses a wide variety of online crimes, grouped primarily into three categories:
Offenses Against Confidentiality, Integrity, and Availability of Computer Data and Systems
These are crimes where a person’s private data is accessed, modified, or destroyed without their permission. For instance, hacking, cyber-squatting, and malware attacks fall under this category.Computer-Related Offenses
This includes offenses such as identity theft, computer-related fraud, and forgery. For example, if someone uses another person’s data to apply for a loan or credit card without permission, they would be liable under this section of the law.Content-Related Offenses
The law also addresses certain types of harmful or illegal content shared online. This includes child pornography, cybersex, and libel. The inclusion of online libel has been a controversial part of the law, as it raises concerns about free speech.
Penalties Under the Cybercrime Law
Violations of the Cybercrime Prevention Act can result in penalties ranging from fines to imprisonment. For instance:
- Illegal Access: Unauthorized access to any computer system can lead to imprisonment of six years and a fine of up to PHP 200,000.
- Cyber Libel: Posting libelous content online could lead to imprisonment and fines as set by the Revised Penal Code, which is applied more strictly in online settings.
- Cybersex: Engaging in or promoting cybersex activities is punishable with imprisonment and a fine ranging from PHP 200,000 to PHP 1,000,000.
The penalties are typically higher than for similar crimes committed offline, emphasizing the government’s commitment to protecting online privacy and security.
Controversies and Criticisms of the Law
Since its enactment, the Cybercrime Prevention Act has received criticism from various sectors. The inclusion of cyber libel in particular has been contentious. Critics argue that the law could be used to suppress freedom of speech and censor critical voices, especially in the context of political opinions shared online. Supporters, however, see it as necessary for combating online defamation and protecting individuals from harm.
Several amendments and revisions have been proposed to clarify or remove certain provisions, but the law remains active as the primary tool for prosecuting cybercrimes in the Philippines.
How to Stay Safe Online
- Secure Your Personal Information: Use strong, unique passwords and enable two-factor authentication on your online accounts.
- Be Cautious with Personal Data: Avoid sharing sensitive information on social media, and think twice before clicking on links or downloading files from unknown sources.
- Respect Others Online: Refrain from posting defamatory or harmful content. Understand that cyber libel is taken seriously in the Philippines.
- Report Cybercrimes: The Philippine National Police’s Anti-Cybercrime Group (PNP-ACG) and the National Bureau of Investigation’s Cybercrime Division are designated agencies where you can report cybercrimes.
Conclusion
The Cybercrime Prevention Act of 2012 has fundamentally shaped how the Philippines addresses online crime. While it raises questions about balancing security and freedom of expression, it is also a vital step towards protecting citizens in the digital age. By being informed and exercising caution online, Filipinos can navigate the internet more safely, contributing to a healthier digital environment for all.
By
adminFormer President Rodrigo Roa Duterte Attends Hearing (October 28, 2024)
Former President Rodrigo Roa Duterte made headlines today as he attended a crucial hearing in connection with ongoing inquiries into various issues stemming from his administration. This appearance marks a notable moment in Philippine politics, highlighting the continued scrutiny of his controversial policies and decisions while in office.
Context of the Hearing
The hearing, which took place at the Senate, focused on several key topics, including the administration's war on drugs, human rights concerns, and alleged corruption within the government. Duterte’s policies, particularly the aggressive approach to combating illegal drugs, have drawn both domestic and international criticism for their alleged human rights violations. Today’s session aimed to address these concerns and provide clarity on the administration's actions during his tenure.
Duterte’s Testimony
Upon arriving at the venue, Duterte was met with a mixture of support and protest from the public, showcasing the polarized views surrounding his legacy. During the hearing, he defended his administration’s strategies, asserting that the war on drugs was necessary to combat rampant drug abuse and crime in the Philippines. He reiterated that his government prioritized the safety and security of the Filipino people, despite the criticisms.
Duterte also addressed questions regarding the conduct of law enforcement agencies during his administration. He emphasized the importance of accountability and stated that any wrongdoing should be investigated thoroughly. His testimony is expected to be a focal point for both supporters and detractors as they analyze his responses and the implications for future policies.
Reactions and Implications
The former president's attendance at the hearing is seen as a pivotal moment in the ongoing discourse about his administration's legacy. Supporters view it as an opportunity for Duterte to clarify his position and defend his actions, while critics see it as a chance to hold him accountable for the alleged excesses during his presidency.
Human rights advocates and various political groups have been vocal about their concerns, calling for transparency and justice for victims of extrajudicial killings. The outcome of the hearing could have far-reaching implications for future legislation and governmental accountability in the Philippines.
Moving Forward
As the hearing continues, it remains to be seen how Duterte’s testimony will impact public perception and the political landscape in the Philippines. The discourse surrounding his administration is far from over, and today’s events may serve as a catalyst for further investigations and discussions regarding governance and human rights in the country.
In summary, former President Rodrigo Roa Duterte’s attendance at today’s hearing is a significant event that underscores the ongoing challenges facing Philippine politics. As the nation grapples with the legacy of his administration, the discussions that arise from this hearing will likely shape the future of governance and human rights in the Philippines.
By
adminAtty. Raymond Fortun Urges Senators to Review Firearm Laws
In a recent public address, prominent Filipino lawyer Atty. Raymond Fortun voiced his concerns regarding firearm regulations in the Philippines and called for additional legal protections for cyclists. His appeal follows a series of violent incidents involving firearms and an increasing number of cyclist injuries on Philippine roads. The message, directed to members of the Philippine Senate, emphasizes the urgency of reviewing outdated firearm laws and implementing new policies to ensure the safety of the country’s growing cyclist population.
A Call for Stricter Firearm Regulations
Atty. Fortun began by highlighting the increase in incidents involving firearms, some of which have led to injuries and even fatalities among civilians. According to Fortun, current firearm regulations are insufficient, particularly concerning how guns are acquired, licensed, and used. He argued that loopholes in existing laws have enabled firearm misuse, creating risks for the general public.
“People deserve to feel safe in their communities,” Fortun remarked. “Current firearm regulations don’t do enough to ensure that firearms are in the hands of responsible, well-trained individuals. We need to close the loopholes that allow unfit individuals to acquire these dangerous weapons.”
Fortun suggests that a comprehensive review of the current firearm regulations is long overdue. He encouraged the senators to consider reforms that would enhance background checks, require more extensive training for gun owners, and impose harsher penalties for those who misuse firearms.
Advocating for Cyclist Safety Legislation
In addition to firearm reforms, Atty. Fortun urged the Senate to take proactive steps toward protecting cyclists, who, he argued, are especially vulnerable on the roads. The past years have seen a marked increase in bicycle use, fueled by a push for more sustainable transportation and worsened by limited public transportation options during the COVID-19 pandemic. Despite the increase in cyclists, infrastructure and legal protections have not kept pace, putting these riders at significant risk.
Cyclists face challenges from road design, a lack of dedicated bike lanes, and encounters with aggressive drivers. Fortun suggested that the Philippines could benefit from cyclist protection laws similar to those in countries that prioritize bike-friendly infrastructure. Among his proposals were designated bike lanes, stricter penalties for motorists who endanger cyclists, and educational campaigns promoting road-sharing etiquette.
“It’s time for lawmakers to look out for our cyclists,” he stated. “We need laws that protect people who choose to bike, not just as a hobby but as their primary means of transportation.”
The Legislative Path Forward
Atty. Fortun’s appeal has sparked discussions among civic groups, transportation advocates, and safety organizations. Some senators have also expressed their openness to reviewing both firearm and cyclist-related legislation, potentially giving Fortun’s proposals traction in the legislative agenda. While no official bills have yet been introduced based on his suggestions, Fortun’s plea has added to growing pressure on lawmakers to prioritize public safety in the coming legislative sessions.
As the Philippine Senate convenes for deliberations in the upcoming months, advocates and concerned citizens will be watching closely, hoping that Fortun’s call to action will result in meaningful legislative changes.