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The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution , which must present compelling evidence to the trier of fact (a judge or a jury ).
The Dacer–Corbito double murder case is one of the unsolved murders occurred in the Philippines [1] during the administration of Joseph Estrada. [2] [3] In 2000, Salvador "Bubby" Dacer and his driver, Emmanuel Corbito, were abducted in Metro Manila, later killed, and their vehicle dumped. [4] [5] [3] Since 2001, a number of arrests were made.
The page of Egidio Bossi's treatise containing the words ″in dubio pro reo″ The principle of in dubio pro reo (Latin for "[when] in doubt, rule for the accused") [1] [2] means that a defendant may not be convicted by the court when doubts about their guilt remain.
The International Criminal Court (ICC) chief prosecutor Fatou Bensouda expressed concern over the drug-related killings in the country on October 13, 2016. [58] In her statement, Bensouda said that the high officials of the country "seem to condone such killings and further seem to encourage State forces and civilians alike to continue targeting these individuals with lethal force."
Republic Act No. 386, the Civil Code of the Philippines (1949). Act No. 3815, the Revised Penal Code of the Philippines (1930). The 1987 Constitution of the Republic of the Philippines. Luis B. Reyes, The Revised Penal Code: Criminal Law 20 (1998, 14th ed.). Antonio L. Gregorio, Fundamentals of Criminal Law Review 50-51 (1997).
In Director of Public Prosecutions v.Labavarde and Anor, Neerunjun C.J. said that article 11(1) of the Universal Declaration of Human Rights and article 6(2) of the Convention for the Protection of Human Rights and Fundamental Freedoms would be infringed if "the whole burden is ... cast on the defence by the creation of a presumption of guilt on the mere preferment of the criminal charge".
In 2014, the Philippines had a murder rate of 9.84 per 100,000 people, with a number of 9,784 recorded cases. The country also has the highest rate of murder cases in Southeast Asia in 2013, with a rate of 8.8, followed by Thailand. [1]
At the early years of the American Rule in the Philippines, lawlessness was rampant and criminal activities were at large. Governor-General James Francis Smith, with the consent of the Philippine Commission, suspended the privilege of the writ of habeas corpus in the provinces of Batangas and Cavite. A petition was raised questioning such ...