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Court Of Appeals (CA) Corrects Death Certificate Of Drug War Victim.
~2.4 mins read
Court of Appeals (CA) corrects death certificate of drug war victim. (PH).
On December 2, 2016, during the Duterte administration's anti-drug campaign, Baylon was hit by a stray bullet in Caloocan City, in a shooting that also killed two women.
The CA reversed the decision of the Regional Trial Court Branch 232 of Caloocan City, which denied Lenin's father Rodrigo Baylon's petition to compel the Local Civil Registry of Caloocan City to make the necessary correction, in a decision dated November 15, 2022.
CA's decision dated Nov. 15, 2022. 📷: Adrian Ayalin, ABS-CBN News
On December 2, 2016, Lenin was playing in a computer shop when gunmen chasing two women appeared nearby, according to the CA.
Later, gunshots were heard, and stray bullets struck Lenin.
“Considering the aforestated circumstances, let alone the fact that Lenin’s death was caused by a gunshot would has been sufficiently proven, it would indeed be fair and equitable that the genuine cause of Lenin’s death be reflected in the death certificate,” the court said in the decision penned by Associate Justice Roberto Quiroz, with the concurrence of Associate Justices Ramon Bato, Jr. and Germano Francisco Legaspi.
The funeral parlor that serviced Lenin's body made the bronchopneumonia entry after Lenin's sister Mayone Baylon signed a waiver.
“With the appellant’s desire to have his son laid down and considering the rampant killings which might prejudice the family in the locality, he kept mum despite knowledge of his son’s real cause of death,” the court said.
Legal counsel for Lenin's family, Atty. According to Mario Maderazo, their fight for justice for Lenin and at least 5 to 10 other victims who require death certificate corrections does not end with the CA decision.
Read more:
https://news.abs-cbn.com/spotlight/12/05/22/ca-corrects-death-certificate-of-drug-war-victim
Justice Secretary Jesus Crispin Remulla stated on Tuesday that cases similar to the Lenin Baylon case that the DOJ is investigating may result in the conviction of doctors and commanders.
Remulla told GMA News Online that he and the National Bureau of Investigation (NBI) have been investigating nine cases similar to Baylon's in which the cause of death was changed on the death certificate.
Previously, the Justice Secretary stated that he would share all drug war findings and files with the Commission on Human Rights (CHR).
In August, Justice Undersecretary Jesse Andres stated that six of the 52 drug war cases published by the agency had been dismissed, while seven were still being investigated.
Since 2016, the DOJ has also investigated 352 cases in which people were killed during police anti-drug operations.
Read more:
https://www.gmanetwork.com/news/topstories/nation/853655/remulla-sees-convictions-in-cases-similar-to-lenin-baylon-s/story/
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Senator Tulfo Introduces Legislation To Provide Free Tuition To Law Students.
~3.0 mins read
Senator Tulfo introduces legislation to provide free tuition to law students.
Tulfo introduced Senate Bill No. 1610, also known as the Free Legal Education Act of 2023, with the goal of increasing the legal profession workforce through mandatory return service.
Senate Bill No. 1610:
"This measure seeks to ensure that law students have access to legal education in the SUCs while also increasing the legal profession's workforce," Tulfo explained in his explanatory note.
The inexperienced senator stated that it costs approximately P75,000 per semester to study law in private legal institutions and P24,000 to P30,000 in state universities, excluding living expenses.
Tulfo also mentioned a lack of private practice attorneys. The bar is made up of approximately 40,000 members of the Integrated Bar of the Philippines, but the number of lawyers has decreased.
The figure translates to one lawyer serving approximately 2,500 people, far exceeding the ideal ratio of one lawyer for every 250 people.
Tulfo's bill will require scholars to perform mandatory return service for two years in the Public Attorney's Office or any government agency lacking lawyers in order to address the shortage.
More:
Note:
Bills are laws in the making. They pass into law when they are approved by both houses and the President of the Philippines. A bill may be vetoed by the President, but the House of Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the President does not act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt.
Below is a chart mapping the process by which a law is made:
For a thorough understanding of Political Law, we recommend the following books:
Political book 1; Political Law
Political book 2; Constitutional Law
Bar Questions and Answers; UP Law Complex.
Political Law.
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SC: Congress cannot pass legislation that has previously been declared unconstitutional by the Supreme Court.
EXPLAINER: Salient Features of the Safe Spaces Act or Bawal Bastos Law (RA 11313).
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Senator Raffy Tulfo promised to draught legislation or a proposed bill to address the indiscriminate filing of criminal charges at the Prosecution Stage.
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NOTE:
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