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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).
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]
Codification is predominant in countries that adhere to the legal system of civil law. Spain, a civil law country, introduced the practice of codification in the Philippines, which it had colonized beginning in the late 16th century. Among the codes that Spain enforced in the Philippines were the Spanish Civil Code and the Penal Code.
The Supreme Court stated the law on the matter: under the Due Process Clause of the 14th Amendment, states ordinarily may not seize real property (real estate) before providing notice and a ...
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.
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.
That prosecutors in the Hoosier State successfully denied people this due process is a reflection of how abusive civil forfeiture can be.
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 ...