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Gale2626

Pregnant Black Woman Is Shot Five Times By Missouri Police.

~0.9 mins read

Pregnant Black woman is shot five times by Missouri police.

Pregnant Black woman suspected of carjacking is shot five times by Missouri police, witness says

‘They shot five times,’ says the witness. ‘I remember seeing her hit the ground and I froze’

An eyewitness says police in Kansas City , Missouri repeatedly shot an unarmed pregnant woman as she tried to run away.

“They shot five times,” the witness, who only gave her first name, Shedanja, told the Kansas City Star . “I remember seeing her hit the ground and I froze.”

The injured woman, who is Black, was suspected of carrying out a carjacking with a male accomplice. KCTV has identified her as Leonna Hale, 26. She is still alive, but suffered serious injuries and was taken to a hospital, where she is in stable condition.

According to the Missouri State Highway Patrol (MSHP), Kansas City Police Department (KCPD) officers confronted the pair of suspects in the parking lot of a Family Dollar store on Friday. The male suspect reportedly jumped out of the car and ran away, but Ms Hale stayed and put her hands up.

“She did not pull out a weapon on them,” Shedanja told the Star . “She did not even have a stick in her hand.”

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PhilJuris

Taxation; Public Purpose

~1.9 mins read

This court held that the Letter of Instruction (LOI) No. 1465 is unconstitutional.

xxx “[A]n inherent limitation on the power of taxation is [p]ublic purpose. It would be a [r]obbery for the State to tax its citizens and use the funds generated for a [p]rivate purpose.” (Emphasis ours).

[G.R. NO. 156278 - March 29, 2004]

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PLANTERS PRODUCTS, INC., Petitioner, v. FERTIPHIL CORPORATION, Respondent.

Petitioner Planters Products, Inc. ("PPI") and respondent Fertiphil Corporation ("Fertiphil") are domestic corporations engaged in the importation and distribution of fertilizers, pesticides and agricultural chemicals. On the strength of Letter of Instruction No. 1465 issued by then President Ferdinand E. Marcos on June 3, 1985, Fertiphil and other domestic corporations engaged in the fertilizer business, paid P10.00 for every bag of fertilizer sold in the country to the [Fertilizer and Pesticide Authority] (FPA), the government agency governing the fertilizer industry. FPA in turn remitted the amount to PPI for its rehabilitation, according to the express mandate of LOI No. 1465.2.

The PPI (private corporation) was in deep financial trouble because of its huge corporate debts. The fertilizer tax was used to pay PPI’s corporate debts.

After the EDSA I revolution in 1986, the imposition of P10.00 by the FPA on every bag of fertilizer sold was voluntarily stopped. Fertiphil demanded from PPI the refund of P6,698,144.00 which it paid under LOI No. 1465. PPI refused. Hence, on September 14, 1987, Fertiphil filed a collection and damage suit against FPA and PPI

ISSUE:

Whether or not the LOI no. 1465 is constitutional ?

HELD:

The Letter of Instruction No. 1465 is unconstitutional.

“[A]n inherent limitation on the power of taxation is [p]ublic purpose. It would be a [r]obbery for the State to tax its citizens and use the funds generated for a [p]rivate purpose.”

This Court also held that as a rule, an unconstitutional law is considered void.

“It produces no rights, imposes no duties and affords no protection. It has no legal effect. Being void, Fertiphil is not required to pay the levy." [However], "all levies paid should be refunded in accordance with the general civil code principle against unjust enrichment,”

“We cannot allow PPI to profit from an unconstitutional law. Justice and equity dictate that PPI must refund the amounts paid by Fertiphil."

PLANTERS PRODUCTS, INC., Petitioner, v. FERTIPHIL CORPORATION, Respondent.

✍️👨‍⚖️ REYES, R.T., J

Full text:

https://lawphil.net/judjuris/juri2008/mar2008/gr_166006_2008.html

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Rioter

JUNGLE JUSTICE

~1.9 mins read

JUNGLE JUSTICE

At the slightest alarm of a criminal scene, many take to their heels for safety, while some bold citizens in the absence of the law enforcement agencies run towards the scene to apprehend the alleged criminal. What next after the arrest, all forms of inhuman and degrading treatment are meted on the alleged suspect, they are sometimes killed. In many cases, all these are done without giving the suspect a listening ear.

This is a typical example of scenes at public places such market places, viewing centres and some other place in Africa. It has been termed street justice or as popularly known "jungle justice". Resorting to the laws of the jungle or street is not only unlawful but primitive and robs innocent people of fair hearing and sometimes takes away their life.

Legal steps to take against alleged criminals.

A law abiding citizen is to call on the law enforcement agencies, and where they are not close by, (for those who are capable) can make an arrest on the said suspect. However, after the arrest, such private persons are not advised to keep the suspect or alleged criminal in custody, torture or even kill the suspect but swiftly hand them over to the police for further investigation and prosecution.

Where the citizens feels the police might release and not duly investigate the matter and let justice be done, he is obliged to write to the state police command for serious attention to the matter and can also do well to follow up the matter to see that justice is done.

Conclusion

There will be no better way to conclude this than in the words of justice Oputa

The establishment of the court system was a great milestone in the human journey. We are reminded how in the state of savagery and "jungle justice", every man was armed and was a law unto himself. But civilization means that courts were established and that men lay aside their arms and carried their causes to those courts"

Civilization is that men have to submit their powers and will to the government and in turn expect it to act in the interest of the people. This is the social contract theory.

It will be degrading for men in the 21st century to neglect the court, the law and become justice unto themselves; it will be a case of bouncing forward and backwards as no one will feel safe in the community. This will lead to chaos and anarchy in the state and hamper the peace of the state. It is a firm plea that citizens should desist from such act and follow due process according to law.

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PhilJuris

[ G.R. No. 216716, November 17, 2021 ]

Jurisdiction; Principle Of Estoppel.

~0.3 mins read

Jurisdiction; Principle of Estoppel.

[ G.R. No. 216716, November 17, 2021 ]

✍️👨‍⚖️ HERNANDO, J.

As our holding in Tijam is merely an exception to the general rule, laches occurring in a particular case will only bar a litigant from raising the issue of lack of jurisdiction when the factual milieu obtaining therein is on all fours with Tijam.

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Pregnant Black Woman Is Shot Five Times By Missouri Police.

Taxation; Public Purpose

JUNGLE JUSTICE

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