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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).
Thus, while the Civil Code seeks to govern all aspects of private law in the Philippines, a Republic Act such as Republic Act No. 9048 would concern itself with a more limited field, as in that case, the correction of entries in the civil registry. Still, the amendment of Philippine legal codes is accomplished through the passage of Republic Acts.
Once the criminal proceedings make it to trial, the accion civil resarcitoria separates in that forfeiture of property is not dependent on a criminal conviction of an individual. Unlike a criminal confiscation or in rem action, a successful 'accion civil resarcitoria' recognizes damages and awards a monetary compensation.
The study, published in Criminal Justice Review Nov. 3, finds that crime rates did not worsen in New Mexico when the state eliminated civil forfeiture, a law enforcement maneuver that allows the ...
Most countries make a clear distinction between civil and criminal procedure. For example, a criminal court may force a convicted defendant to pay a fine as punishment for their crime, and the legal costs of both the prosecution and defence. But the victim of the crime generally pursues their claim for compensation in a civil, not a criminal ...
The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and ...
Proponents of civil asset forfeiture argue it is necessary to fight large criminal enterprises, alleging that seizing criminals’ assets makes it harder for them to continue their illegal operations.
See Case citation § Philippines. IBP N/A: English Integrated Bar of the Philippines [7] information N/A: English An indictment. [8] In the United States, which originated the term, there are grand juries, and indictments are more common, while an information is a rare type of criminal action brought in the absence of a grand jury. [9]