PhilJuris
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PhilJuris
2 yrs
1065
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PhilJuris
Without Certainty Of Conviction,’ Criminal Cases In 1st Level Courts Should Be Withdrawn – DOJ
~0.8 mins read
‘Without certainty of conviction,’ criminal cases in 1st level courts should be withdrawn – DOJ
Department of Justice (DOJ) prosecutors nationwide have been directed to review all criminal cases pending before the first level courts, to determine if the cases “have reasonable certainty of conviction.”
If there is “no reasonable certainty of conviction,” the prosecutors have been ordered by Justice Secretary Jesus Crispin C. Remulla to file the proper pleadings for the dismissal of the criminal charges.
Remulla’s directive was contained in DOJ Department Circular No. 008 dated Feb. 10, 2023. It is immediately executory.
In the meantime, Clavano, DOJ Assistant Secretary and Spokesperson, said moves are underway to amend Rule 112 on preliminary investigation in Rules of Court after “the Supreme Court has agreed to let DOJ take the lead.”
“It is also possible that Rule 112 will be completely removed from the Rules of Court to make it a purely executive function,” he noted.
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PhilJuris
2 yrs
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PhilJuris
Man Has Hilarious Reaction After Gecko Jumps On His Face
~0.4 mins read
GECKO – A man went viral because of his hilarious reaction after a reptile jumped unto his face.
A man had the greatest fear for his life when a gecko suddenly jumped toward him, landing on his face.
The man was recording himself while laying on the floor when a gecko landed on his face. Astounded, he immediately stand while complaining about his encounter with the gecko.
Watch full video here:
PhilJuris
2 yrs
232
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PhilJuris
Death Penalty • Throwback
~1.4 mins read
On June 25, 1996, we rendered our decision in the instant case affirming the conviction of the accused-appellant for the crime of raping his ten-year old daughter. The crime having been committed sometime in April, 1994, during which time Republic Act (R.A) No. 7659, commonly known as the Death Penalty Law, was already in effect, accused-appellant was inevitably meted out the supreme penalty of death.
G.R. No. 117472 February 7, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs. LEO ECHEGARAY y PILO, accused-appellant.
DOCTRINE:
• It is a rudimentary principle of law that matters neither alleged in the pleadings nor raised during the proceedings below cannot be ventilated for the first time on appeal before the Supreme Court.
• An affidavit of desistance is merely an additional ground to buttress the accused's defenses, not the sole consideration that can result in acquittal. There must be other circumstances which, when coupled with the retraction or desistance, create doubts as to the truth of the testimony given by the witnesses at the trial and accepted by the judge.
• [Rape is heinous crime] At any rate, this court has no doubts as to the innate heinousness of the crime of rape, as we have held in the case of People v. Cristobal:
"Rape is the forcible violation of the sexual intimacy of another person. It does injury to justice and charity. Rape deeply wounds the respect, Freedom, and physical and moral integrity to which every person has a right. It causes grave damage that can mark the victim for life. It is always an intrinsically evil act . . . an outrage upon decency and dignity that hurts not only the victim but the society itself."
Full text of the case
https://lawphil.net/judjuris/juri1997/feb1997/gr_117472_1997.html
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https://attyphiljuris.blogspot.com/2023/02/throwback-death-penalty.html
PhilJuris 2 yrs 242
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PhilJuris
MARCOS: PAY CORRECT AMOUNT OF TAXES ON TIME
~0.7 mins read
MARCOS: PAY CORRECT AMOUNT OF TAXES ON TIME
President Ferdinand "Bongbong" Marcos Jr. on Tuesday urged Filipinos to pay the "correct amount" of taxes on time to bolster the country's economic recovery.
"I encourage the public to pay the correct amount of taxes on time to support the country's economic recovery and expansion so critical in this time," Marcos said during the Bureau of Internal Revenue's (BIR) tax campaign kickoff.
Marcos Jr. also expressed his support for the agency's digitalization of tax system and intensification of its operations against tax evaders.
"I assure the BIR that this administration will always give its support in your aspiration of developing a country that is conducive for employment opportunities, financial investments, and institution-building,” he said.
✍️ PhilSTAR
WATCH 📽️
📽️: Courtesy of PhilSTAR
PhilJuris
2 yrs
216
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PhilJuris
'You Can Hang Me,' Bato Says If Proven Guilty By PH Court, Not ICC, Over Drug War Deaths
~0.7 mins read
'You can hang me through the decision of the Filipino courts, but my god, not by a foreigner,' former national police chief Sen. Ronald dela Rosa said.
MANILA — Former national police chief Sen. Ronald "Bato" dela Rosa said Saturday that cases related to the deadly drug war of the Duterte administration should be filed in Philippine courts, not before the International Criminal Court.
On Jan. 26, the ICC resumed its investigation into the bloody drug war and Davao Death Squad killings in the Philippines, saying Manila's efforts to investigate and prosecute the alleged crimes against humanity in the Philippines were not satisfactory.
More than 6,000 drug suspects were killed in police operations in the country during Duterte’s term from 2016 to 2022, authorities said, citing official tallies.
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PhilJuris
2 yrs
515
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PhilJuris
DO YOU NEED TO BE GOOD IN ENGLISH IN LAW SCHOOL?
~0.6 mins read
My name is Tina, and I'm a lawyer practicing corporate and energy law in the Philippines. This channel is intended to give you brief glimpses into exactly that- the life of a Filipina corporate lawyer (and lover of lipstick, dogs, fitness, and living life according to my own rules)! Expect lots of content on law, being a law student (once upon a time), being a lawyer, law school tips, and my adventures and misadventures as a lawyer!"
Legal FAQs: DO YOU NEED TO BE GOOD IN ENGLISH IN LAW SCHOOL?
Hi guys! In this video (the first of my Legal FAQs series), I answer the recurring question of whether or not you need to be good in English to go law school. Enjoy!
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👉
PhilJuris 2 yrs 678
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PhilJuris
Oral Health Tips You Should Be Aware Of Before It's Too Late.
~0.4 mins read
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PhilJuris 2 yrs 1169
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PhilJuris
Senator Tulfo Introduces Legislation To Provide Free Tuition To Law Students.
~2.5 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.
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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.
RELATED READINGS:
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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Atty. Ranny Randolf B. Libayan: Aurora Game falls under the category of "Illegal Cyber Gambling."
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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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