Title Five

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  Title Five   CIVIL LIABILITY Chapter One PERSON CIVILLY LIABLE FOR FELONIES Article 100.   Civil liability of a person guilty of felony.  - Every person criminally liable for a felony is also civilly liable. BATAS PAMBANSA Blg. 129   AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Section 20.   Jurisdiction in criminal cases.    –  Regional Trial Courts shall exercise exclusive srcinal jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter. Section 32.   Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal cases.    –  Except in cases falling within the exclusive srcinal jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise: (1) Exclusive srcinal jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and (2) Exclusive srcinal jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value, or amount thereof: Provided, however,  That in offenses involving damage to property through criminal negligence they shall have exclusive srcinal  jurisdiction thereof. (as amended by R.A, No. 7691)  SEC. 8. Complaint. - For purposes of preliminary investigation, the complaint filed with the prosecutor's office shall, as far as practicable, be accompanied or covered by an Information Sheet and shall state, among others a) the full and complete names and exact home, office or postal addresses of the complainant and his witnesses; b) The full and complete name and exact home, office or postal address of the respondent; c) The offense charged and the place and exact date and time of its commission; and d) Whether or not there exists a related case and, if so, the docket number of said case and the name of the Investigating Prosecutor thereof. SEC. 40. Designation of offense charged. - For offenses that are punishable under the Revised Penal Code, the caption shall set forth the denomination of the offense and the specific article and paragraph of the statute violated. Where there is another charge or countercharge in the same case having one case number or in case of a consolidated resolution involving two or more criminal cases with two or more docket numbers, the caption shall also contain said information. DIGESTS SECRETARY OF JUSTICE v. LANTION October 26, 2012 FACTS:  Secretary Of Justice Franklin Drilon, representing the Government of the Republic of the Philippines, signed in Manila the “extradition Treaty Between the Government of the Philippines and the Government of the U.S.A. The Philippine Senate ratified the said Treaty. On June 18, 1999, the Department of Justice received from the Department of Foreign Affairs U.S Note Verbale No. 0522 containing a request for the extradition of private respondent Mark Jiminez to the United States. On the same day petitioner designate and authorizing a panel of attorneys to take charge of and to handle the case. Pending evaluation of the aforestated extradition documents, Mark Jiminez through counsel, wrote a letter to Justice Secretary requesting copies of the official extradition request from the U.S Government and that he be given ample time to comment on the request after he shall have received copies of the requested papers but the petitioner denied the request for the consistency of Article 7 of the RP-US Extradition Treaty stated in Article 7 that the Philippine Government must present the interests of the United States in any proceedings arising out of a request for extradition. ISSUE: Whether or not to uphold a citizen’s basic due process rights or the governments ironclad duties under a treaty. RULING: Petition dismissed. The human rights of person, whether citizen or alien , and the rights of the accused guaranteed in our Constitution should take precedence over treaty rights claimed by a contracting state. The duties of the government to the individual deserve preferential consideration when they collide with its treaty obligations to the government of another state. This is so although we recognize treaties as a source of binding obligations under generally accepted principles of international law incorporated in our Constitution as part of the law of the land. The doctrine of incorporation is applied whenever municipal tribunals are confronted with situation in which there appears to be a conflict between a rule of international law and the provision of the constitution or statute of the local state. Petitioner (Secretary of Justice) is ordered to furnish Mark Jimenez copies of the extradition request and its supporting papers, and to grant him (Mark Jimenez) a reasonable period within which to file his comment with supporting evidence. “Under the Doctrine of Incorporation, rules of i nternational law form part of the law of the land and no further legislative action is needed to make such rules applicable in the domestic sphere.  “The doctrine of incorporation is applied whenever municipal tribunals are confronted with situations in which there appears to be a conflict between a rule of international law and the provisions of the constitution or statute of the local state. “Efforts should first be exerted to harmonize them, so as to give effect to both since it is to be presumed that municipal law was enacted with proper regard for the generally accepted principles of international law in observance of the incorporation clause in the above cited constitutional provision. “In a situation, however, where the conflict is irreconcilable and  a choice has to be made between a rule of international law and a municipal law, jurisprudence dictates that municipal law should be upheld by the municipal courts, for the reason that such courts are organs of municipal law and are accordingly bound by it in all circumstances. “The fact that international law has been made part of the law of the land does not pertain to or imply the primacy of international law over national or municipal law in the municipal sphere. The doctrine of incorporation, as applied in most countries, decrees that rules of international law are given equal standing with, but are not superior to, national legislative enactments. Accordingly, the principle lex posterior derogate priori takes effect  –  a treaty may repeal a statute and a statute may repeal a treaty. In states where the Constitution is the highest law of the land, such as the Republic of the Philippines, both statutes and treaties may be invalidated if they are in conflict with the constitution


Jul 23, 2017

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Jul 23, 2017
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