Statutory Rights of the Accused in the Philippines; The important Key Points

Statutory Rights are the enactment of rights provided by the State or Government. An accused in a criminal proceeding has an entitled right to defend himself in the court. Continue reading Statutory Rights of the Accused in the Philippines; The important Key Points

WHAT ARE MIRANDA RIGHTS AND HOW IT STARTED

Miranda Rights is a constitutional privilege and must be performed during an arrest. The accused has the right to remain silent and can request a legal counsel on his behalf. Anything he says can be used against him. If he cannot provide an attorney he will be given one. Continue reading WHAT ARE MIRANDA RIGHTS AND HOW IT STARTED

Republic Act No. 9262 summary

o March 08, 2004 o AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES o Anti-Violence Against Women and Their Children Act of 2004″ o PURPOSE It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights To protect the family and its members particularly women and children, from violence and threats to their personal safety and security DEFINITION OF TERMS o VIOLENCE AGAINST WOMEN AND THEIR CHILDREN – any act or a series of acts committed … Continue reading Republic Act No. 9262 summary

Republic Act No. 7610 summary

o AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES o Special Protection of Children Against Abuse, Exploitation and Discrimination Act.” o June 17, 1992 o Definition: – Child abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs … Continue reading Republic Act No. 7610 summary

PRESIDENTIAL DECREE No. 603 summary

o THE CHILD AND YOUTH WELFARE CODE o Scope: It shall apply to persons below twenty-one years of age except those emancipated in accordance with law. “Child” or “minor” or “youth” as used in this Code, shall refer to such persons. o Rights of the Child. – All children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors. (1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, … Continue reading PRESIDENTIAL DECREE No. 603 summary

REPUBLIC ACT NO. 10368 Summary

 “Human Rights Victims Reparation and Recognition Act of 2013″.  An act providing for reparation and recognition of victims of human rights violations during the marcos regime  Definition of Terms: (a) Detention refers to the act of taking a person into custody against his will by persons acting in an official capacity and/or agents of the State. (b) Human rights violation refers to any act or omission committed during the period from September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or agents of the State Human Rights Violations Victim (HRVV) refers to … Continue reading REPUBLIC ACT NO. 10368 Summary

NOTEs HRL

1. Part 3: Human rights Mechanisms a. Convntional b. Extracovnentional Function: 1. to monitor the implementation of international human rights 2. Deal with human rights complaints and violations >Individual complaints:State-to-State complaints:(allows IC and state to state ) 1. the Optional Protocol to the International Covenant on Civil and Political Rights;(ICCPR) 2.the Convention on the Elimination of all Forms of Racial Discrimination and (ICERD 3.the Convention against Torture and Other Cruel orInhuman Treatment or Punishment). (COT) > Complaints of human rights violations are technically referred to as “communications > Reporting procedure 1. Each State party is required to submit periodic reports … Continue reading NOTEs HRL

HRL_PEOPLE vs. CAYAT

G.R. No. L-45987 May 5, 1939 THE PEOPLE OF THE PHILIPPINES vs. CAYAT, MORAN, J.: FACTS: Prosecuted for violation of Act No. 1639 (secs. 2 and 3), the accused, Cayat, a native of Baguio, Benguet, Mountain Province, was sentenced by the justice of the peace court of Baguio to pay a fine of five pesos (P5) or suffer subsidiary imprisonment in case of insolvency. On appeal of the Court of First Instance, the following information was filed against him: That on or about the 25th day of January, 1937, in the City of Baguio, Commonwealth of the Philippines, and within … Continue reading HRL_PEOPLE vs. CAYAT