Criminal Justice System of the Philippines - 3958 Words

RESOURCE MATERIAL SERIES No. 53 THE ROLE AND FUNCTION OF THE PROSECUTION IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM Menrado Valle-Corpuz* INTRODUCTION The criminal justice system, essentially, is the system or process in the community by which crimes are investigated, and the persons suspected thereof are taken into custody, prosecuted in court and punished, if found guilty, provisions being made for their correction and rehabilitation. Prior to the advent of American sovereignty in the country, we had the Spanish law on criminal procedure. The Royal Decree of September 4, 1884, by virtue of which the Penal Code in force in the archipelago, as amended in accordance with the recommendations of the Code Committee, and its accompanying law—†¦show more content†¦Any person who—while in custody or otherwise deprived of liberty—is under investigation for the commission of an offense, has the following constitutional rights, among others: 1) He must be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel; 2) No torture, force, violence, threat, indimidation or any other means which vitiate the free will shall be used against him; secret detention places, solitary, in communicado or other similar forms of detention are prohibited; and 3) Any confession or admission obtained in violation of the foregoing shall be inadmissible in evidence against him. c. Refer the case and the suspects to the Office of the Public Prosecutor or Municipal Trial Court for preliminary investigation or directly to the Municipal Trial Court for trial and judgment. II. PROSECUTION PROCESS The investigation and prosecution of all cases involving violations of penal laws are lodged with the Department of Justice (DOJ) through its National Prosecution Service (NAPROSS). The DOJ is headed by the Secretary of Justice with three Undersecretaries assisting him. Aside from being the prosecution arm of the government, the DOJ shall have the following powers and functions: a. Act as principal law agencyShow MoreRelatedPersons Deprived of Liberty1523 Words   |  7 Pages2010 National Summit Declaration on Persons Deprived of Liberty Manila, Philippines â€Å"Collaborative Partnership in Enhancing the Dignity of Persons Deprived of Liberty† The participants, representing the Executive Branch, the Legislature, the Judiciary, other public institutions, civil society organizations, faith-based organizations and other partners, AFFIRMING the State’s constitutional obligation and adherence with international laws and covenants to protect and uphold fundamental rightsRead MoreCrime and Youth Care Facility1116 Words   |  5 PagesAMENDMENTS IN THE JUVENILE JUSTICE amp; WELFARE ACT OF 2006 (AFFIRMATIVE SIDE/ PRO – FOR DEBATE) Few days ago, the Senate approved on final reading a bill amending Republic Act No. 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006, in order to improve its implementation. I AM IN FAVOR OF THIS GREAT ACT BY OUR LAWMAKERS. We all know that Republic Act No. 9344 has been intended to protect the welfare of children in conflict with the law, majority of who are guilty of pettyRead MoreManagement and National Service Training1620 Words   |  7 Pages| 3 |    |    | Cs 123 s1 | File processing and database system | 3 |    |    | Cs 124 s1 | Computer programming i | 3 |    |    | Phys 121 l1 | College physics i | 4 |    |    | P.e 122 | Dance with music | 2 |    |    | Nstp 122 | National service training program ii | 3 |    |    |    | Semester 3 |    |    |    | Eng 213 | Research and technical writing | 3 |    |    | Nat sc 211 | Biological science | 3 |    |    | Soc sc 213 | Philippine history, constitution and government | 3 |    |    | PhysRead MoreHomelessness Thesis9065 Words   |  37 PagesHES Republic of the Philippines Pamantasan ng Lungsod ng Muntinlupa COLLEGE OF CRIMINAL JUSTICE NBP Reservation Poblacion, Muntinlupa City INTRODUCTION Homelessness is a critical issue that requires everyone’s attention. Hundreds of thousands of homeless people live on the streets as their shelter. Historically, homelessness has always been a problem in society. Homeless people were known as â€Å"the wondering poor†, â€Å"sturdy beggars†, and as â€Å"vagrants,† but it was not until the lateRead MoreHomelessness Thesis9057 Words   |  37 PagesHES Republic of the Philippines Pamantasan ng Lungsod ng Muntinlupa COLLEGE OF CRIMINAL JUSTICE NBP Reservation Poblacion, Muntinlupa City INTRODUCTION Homelessness is a critical issue that requires everyone’s attention. Hundreds of thousands of homeless people live on the streets as their shelter. Historically, homelessness has always been a problem in society. Homeless people were known as â€Å"the wondering poor†, â€Å"sturdy beggars†, and as â€Å"vagrants,† but it was not until theRead MoreA Study on the Effectivity of the Philippine Prison System10770 Words   |  44 PagesEFFECTIVITY OF THE PHILIPPINE PRISON SYSTEM ABELARDO ELEANDRO B. ALB IS, JR. F. 11ADRONA ALICE P. 11ARINO LEONIDES S. RESPICIO To the builders of this nightmare Though you may never get to read these words I pity you; For the cruelty of your minds have designed the bel!; If mens buildings are a reflection of what they are, this one portraits tbe ugliness of all humanity. If you only had some compassion! -grafitti written 011 the wall of American State Prison I. INTROD UCTION A system is said to beRead MoreEssay on The International Military Tribunal for the Far East849 Words   |  4 PagesThe International Military Tribunal for the Far East Before assembling here today the Members of the Tribunal signed a joint affirmation to administer justice according to law, without fear, favor or affection. We fully appreciate the great responsibility resting upon us. There has been no more important criminal trial in all history. Certainly we are not a Senate or a House of Peers met for the impeachment of a Verrus or a Hastings, but a court of our respective countries. On the otherRead MoreSocial Justice Society (Sjs), Petitioner, vs. Dangerous Drugs Board and Philippine Drug Enforcement Agency (Pdea), Respondents. Facts: in Its Petition for Prohibition Under Rule 65, Petitioner Social Justice Society (Sjs)1441 Words   |  6 PagesEN BAEN BANC [G.R. No. 157870, November 03, 2008] SOCIAL JUSTICE SOCIETY (SJS), PETITIONER, VS. DANGEROUS DRUGS BOARD AND PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), RESPONDENTS. Facts: In its Petition for Prohibition under Rule 65, petitioner Social Justice Society (SJS), a registered political party, seeks to prohibit the Dangerous Drugs Board (DDB) and the Philippine Drug Enforcement Agency (PDEA) from enforcing paragraphs (c), (d), (f), and (g) of Sec. 36 of RA 9165 on the ground that they areRead MoreJuvenile Justice in the Philippines3079 Words   |  13 PagesJUVENILE JUSTICE IN THE PHILIPPINES -   A PERSONAL EXPERIENCE (ABSTRACT) Marianne Murdoch-Verwijs, LLM (Free University, Amsterdam)    BACKGROUND ON JUVENILE CRIME AND THE LEGAL SITUATION IN THE PHILIPPINES IN THE EARLY 1990s    The problems of street children and juvenile delinquents are much related social problems. To survive in the street you almost have to become delinquent. Exposed to criminal elements these children are vulnerable to prostitution, drug addiction and pushing and commission ofRead MoreVictims Rights and Restorative Justice3090 Words   |  13 Pagesdefinition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby

Value Added Tax of the Philippines - 3307 Words

Value-Added Tax is a form of sales tax. It is a tax on consumption levied on the sale, barter, exchange or lease of goods or properties and services in the Philippines and on importation of goods into the Philippines. It is an indirect tax, which may be shifted or passed on to the buyer, transferee or lessee of goods, properties or services. 1. What is a VAT registered individual? * Any person or entity who, in the course of his trade or business, sells, barters, exchanges, leases goods or properties and renders services subject to VAT, if the aggregate amount of actual gross sales or receipts exceed One Million Five Hundred Thousand Pesos (P1,500,000.00). * A person required to register as VAT taxpayer but failed to register†¦show more content†¦Sale or importation of fertilizers; seeds, seedlings and fingerlings; fish, prawn, livestock and poultry feeds, including ingredients, whether locally produced or imported, used in the manufacture of finished feeds (except specialty feeds for race horses, fighting cocks, aquarium fish, zoo animals and other animals considered as pets); C. Importation of personal and household effects belonging to residents of the Philippines returning from abroad and non-resident citizens coming to resettle in the Philippines; Provided, that such goods are exempt from custom duti es under the Tariff and Customs Code of the Philippines; D. Importation of professional instruments and implements, wearing apparel, domestic animals, and personal household effects (except any vehicle, vessel, aircraft, machinery and other goods for use in the manufacture and merchandise of any kind in commercial quantity) belonging to persons coming to settle in the Philippines, for their own use and not for sale, barter or exchange, accompanying such persons, or arriving within ninety (90) days before or after their arrival, upon the production of evidence satisfactory to the Commissioner of Internal Revenue, that such persons are actually coming to settle in the Philippines and that the change of residence is bonafide; E. Services subject to percentage tax under Title V of the Code, as amended; F. Services by agricultural contract growers andShow MoreRelatedThe Tax Reform Act Of 19972179 Words   |  9 Pagesbecause the lower the tax burden the higher the revenue which equivale ntly paid out in forms of wages and salaries or dividends (Lynn, 2015). The word tax comes from the latin word taxo which means I estimate. It varies from different countries and how they are paid. In the Philippines, taxes can be grouped to national taxes and local taxes. National taxes are those based on the Tax Reform Act of 1997 also known as the Republic Act No. 8424. The Tariff and Custom Code of the Philippines which levied theRead MoreIndustry Analysis : Business Analysis1258 Words   |  6 Pages P.E.S.T.E.L Analysis â™ £ POLITICAL The VAT or the Value Added Tax, which is added up to the selling price of a good affects the business as a whole. 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The provisions of taxation in the Philippine Constitution are grants of power and not limitations on taxing powers D 2. One of the characteristics of internal revenue laws is that they are: a. Criminal in nature b. Penal in natureRead MoreExport And Import Markets And Trade Balance Essay1534 Words   |  7 Pagesthe country s Gross Domestic Product. The budget reached to an all-time high level of 3.02 % in 1995 and a record low of -2.53 in 2015. Figure 16. Debt to GDP trend of Indonesia Indonesian Government’s Debt to GDP was 27 % in 2015. The average value of Government’s Debt to GDP was 41.23 % in the period 2000 to 2014. It came to a record low (22.96 %) in the year 2012. 11. Competitive Index of Indonesia Figure 17. Competitive Index trend of Indonesia As per Global Competitiveness Report publishedRead MorePhilippine Tax System Assessment2678 Words   |  11 Pagesâ€Å"TAX SYSTEM OF THE PHILIPPINES: ITS ASSESSMENT† I. 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Even though Ramos assumed presidency, analysts still viewed the Philippines as a risky investment based off the fact that the per capita income growth in the Philippines was significantlyRead MoreCase Digests7208 Words   |  29 PagesSalazar, Kristine Kim B. 4-DLM 1. Arturo Tolentino vs Secretary of Finance FACTS: Tolentino et al is questioning the constitutionality of RA 7716 otherwise known as the Expanded Value Added Tax (EVAT) Law. Tolentino averred that this revenue bill did not exclusively originate from the House of Representatives as required by Section 24, Article 6 of the Constitution. Even though RA 7716 originated as HB 11197 and that it passed the 3 readings in the HoR, the same did not complete the 3 readingsRead MoreUpdate the Recurring Sin Tax Law that Was Newly Implemented by Benigno Aquino3046 Words   |  12 PagesRationale of the Study This study was drawn to update the recurring sin tax law that was newly implemented by the President of the Philippines, Benigno Aquino by assessing its effect to the consumers of sin products and has given fruitful grounds and suggestions for future research in this field. In belief, the purpose of the imposition of excise tax on sin products is to raise revenues and discouraging the consumption of the tobacco products and alcoholic beverages. It is claimed that higher excise

Interracial Marriages Essay Example For Students

Interracial Marriages Essay Interracial Relations and MarriagesOutlineThesis statement,: The United States has witnessed a considerable social andcultural desegregation of Black and Caucasian Americans. However, despite yearsof desegregation, racial and cultural differences still exist. I show thesedifferences still exist in the institution of marriage. 1.Americans have beenand are continually moving slowly away from segregation. A.Since the 1960sBlacks have been allowed to move into mainly Caucasian neighborhoods. B. Integration on campuses is now more apparent then ever before. 1.Studentscat together. 2.Students study together, C.Black and Caucasianissues have converged. 11,notwithstanding these examples of desegregation,there are still signs, most clearly is apparent in the institution of marriagebetween Black and Caucasians. Ill. One of the major barrier.-, of interracial marriages lies in the familyof the couples. A.Louis, a Caucasian women, and Chuck, a Black man, weremarried in 1960. 1 .They have no prejudice about each other. emailprotected have mixed group of friends. 3,They had problems with family. a)Louis mother had asked her whyshe could not marry her own kind. b)This conflict finally caused the tiesbetween mother and daughter to break. B.Mama, a Caucasian Jewish, married a Black. I. None of her family members attended her wedding except her mother. 2.Her father told her that he could not believe that she married a Black. Nevertheless, she survived her family disapproval. IV.An unlikely source of problems for interracial married couples comesfrom religion. A.The majority of interracial married couples involved inChristian churches before marriage discontinue church membership and attendanceafter marriage. B.Couples search for churches that are like home. C. They are met with resistance from religious people who have been reported tohave said that if their children married a Black person, they would kill them. D. Every couple has their own crisis, but for some, the church officialswho are against divorce will turn around and recommend a separation. becausethe couple are a Black and a Caucasian. V.These churches need to face agrowing phenomenon. 1.In the Old Testament, God strongly opposesintermarriage. a)Ezra and Nehemiah challenge the people to repent overintermarriage. They describe it as Israels most sinful offense. 2.A closerlook at the passage reveals something else. a)Opposition to intermarriagearises when people of God marry those who worship a God other then Yahweh-B. The church must repent not only from bad theology but also for failing toprotest racist laws in the past. VI. The law is equally to blame for thesegregation, by causing tensions. A.Edgar and Jean and had twice stopped bythe police because they were walking hand in hand, but more so, because theywere Black and Caucasian. B.Law that supports the one drop theory. vii. The problems of interracial married couples also extends to their children. A. The Bronzes had sent their daughter to a pajama party at a Black families place. When they picked their daughter up the host family was surprised to see that herfather was Caucasian. B.Older children of interracial married parentsalso face problems. 1.They have to decided which parents culture to adopt. 2.They have to decided if they are Black or Caucasian. With all these problems, what brings these Black and Caucasian people together?A.Opportunity that an educated partner provides. B.How the partnerperceives the beauty of the other. C.The ability to communicate. D.The main reason, love. ix.It can be seen quite clearly that there are still attitudes that supportsegregation. A.It could possibly be true that the only way to makechanges involving segregation, is through marriage. Interracial Relations: MarriagesThe United States has witnessed a considerable amount of social and culturaldesegregation of Blacks and Caucasians. However, despite years of desegregation,social and cultural differences still exists. These differences still exist inthe institution of marriage. Americans have been and are continually movingslowly away from segregation. In the past forty years a multitude of changeshave transformed schools, jobs, voting booths, neighborhoods, hotels,restaurants and even the wedding altar, facilitating tolerance for racialdiversity ( Norman 108 ). Since the 1960s, when housing discrimination wasoutlawed, many Blacks moved into mainly Caucasian neighborhoods. The steadilygrowing areas in the west and south-west are least segregated, because theseareas never had the entrenched Black and Caucasian sections of town ( Up Forseparatist 30 ). Even more visible signs of desegregation can be seen in theareas of education. A study done by the University of Michig an shows thatintegration on campuses occur on a regular basis. The racial line are crossedroutinely; about 50% of Blacks and 15% of Caucasians reportedly study together. Computer Network Security Alternatives EssayHalle Beny stated that it is important that multicultural individuals make achoice about race early in the life because even if they identify themselves asinterracial they will still be discriminated against as a person of color inthis country ( Norman 108 ). Knowing all these barriers and problems, whatbrings Black and Caucasian people together? According to a study done byMatthijis emailprotected, a factor that is consistently associated with intermarriage issocial class or status. Black outmarriage becomes gradually more common whenmoving up the occupational scale and more common among higher educated Blacks. Among Caucasians the pattern is reversed. It is believed that Caucasians aremore likely to many a Black spouse when it allows them to many a partner of highsocioeconomic prestige ( 119 ). The appreciation of a partners beauty and thecommon; the ability to communicate, and the main reason for marriage, love iswhat bring them together (Randolph 154 It can be seen conclusively, that parents,religion and the attitudes of people, in general, are the main causes to thefriction in interracial relationships and marriages. It is difficult, if notimpossible, to change the attitude of parents, the older generation, toinfluence the churches to accepting the patterns of new thought and identity. The older generation will not change because their ideas and thoughts have beeningrained in them. The current generation, who are also guilty of causingfriction, and the next generation must be educated to understand and acceptthese patterns of new thought, interracial marriages. Until these attitudes,that support segregation, are suppressed and eventually the only way to makechanges involving segregationChildren of interracial married couples learn tolerance within the family, whichallows these children to ad their experiences to others, in one way or another. Works CitedAunapu, Greg., et al., eds. Intermarried With Children. Time. Fall1993:64-68. Gilbereath, Edward. How Our Children Surprise Us. ChristianityT emailprotected . 7 Mar. 1994:32-34. Herring. Roger D. Development Biracial Ethnic Identity: A ReviewOf The Increasing Dilemma. Journal Of Muliticul tral C)unseline Development,23.1 (Jan. 1995): 29-39. Kalniijin, Matthijis. Trends in Black/WhiteIntermarriage. Social Forces. Sep. 1993:119-147. emailprotected, Barbara. Colorblind Love. Newsweek. 7 Mar 1988:40-42. Nfira, Harold. Love In Black And White. Christianitv Tod4y. 7Mar. 1994:18-20. Norman, Lynn. Am I Black, White Or In Between. Ebony. Aug. 1995:108-110. Perkins, Mtaii. Guess Who Is Confing To Church. ChristianityT emailprotected . 7 Mar. 1994:30-32. Randolph, Laura B. Black Women/White Man: Whats Going On? EboLny. Mar. 1989:154-158. Up for Separatism. Economist. 21 Oct. 1995: 30. Words/ Pages : 2,293 / 24