Results 41 to 50 of 75
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January 8th, 2009 08:40 AM #41
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January 8th, 2009 09:45 AM #42
I don't like the padrino and corrupt justice system in our country.
But at the same time, I'll never understand the stigma about marijuana. If anything, alcohol and nicotine are far more dangerous.
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January 8th, 2009 09:55 AM #43
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January 8th, 2009 10:27 AM #44
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January 8th, 2009 10:38 AM #45nagulat din ako sa ginawa ni dave brodett at ito ay talagang isang abnormal behavior galing sa ka-pamilya. madalas, either tumatahimik na lang tayo o kumakampi sa ka-pamilya natin. pero bilib ako sa ginawa ni dave...kahit ano pa man ang rason niya for doing so. altho i don't see anyone putting any weight on his statements...except for the media
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January 8th, 2009 10:50 AM #46To me simple logic will readily resolve as to who have their hands in the cookie jar. Why would one defend the release when there are still doubts or gray areas. In fact, their interpretation of the memo by Datumanong was liberally stretched out of context as to favor the suspsects. Even a high school student can understand the plain English that the resolution for release has to be reviewed by the Secretary of Justice and not prior. There is no point of reviewing if the birds have flown out of the coop.
In the practice of criminal law, if there is doubt, even an iota of doubt, recommend the filing of the appropriate charges in court and let the court decide.
Now, why is the prosecutor defending with tooth and nails their anomalous action? We do not need quantum theories to decipher the whys.
Common sense lang po.
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January 8th, 2009 11:01 AM #47
Unfortunately, this isn't as simple as you think.
The Rules of Court on searches and seizures, warrantless arrests, as well as the admissibility of evidence in criminal cases are all STRICTLY CONSTRUED AGAINST THE PROSECUTION, or in this case, the arresting officers. WHY? Because it's the only safeguard against the abuse of authority by government and its law enforcement arm apart from the Bill of Rights. So, if the state, thru its agents do not comply with any of the requirements, it renders the search or arrest invalid, and the items siezed as a consequence therof inadmissible in court.
That's why in criminal cases, the quantum of evidence required to convict an accused is evidence beyind reasonable doubt. Stated otherwise, if there is so much as an iota of doubt regarding the guilt of the accused, the judge must acquit.
While people may not agree completely with the dismissal of the case against these Alabang Boys (who I believe are probably guilty as hell), what is the use of filing a case if the evidence can't even pass muster in a preliminary investigation beacuse of improper handling and processing? Heck, we all want these drug pushers and their suppliers behind bars but if the PDEA and police do their evidence gathering thru the media, let's just start convicting people based on their negative popularity and do away with a trial.Last edited by Altis6453; January 8th, 2009 at 11:53 AM.
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January 8th, 2009 11:47 AM #48
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January 8th, 2009 12:01 PM #49
let's not forget that the quantum of proof needed during the preliminary investigation differs from that of the trial. during the preliminary investigation, the prosecutor needs to determine if there is indeed probable cause to bring the respondents to trial. once, the prosecutor is so well convinced that indeed there is probable cause, file. once the case has moved to trial, this is when guilt beyond reasonable double finds its significance. at this stage it's not absolute certainty that the accused committed a crime. just a moral certainty that indeed, the man is guilty. this is guilt beyond reasonable doubt.
be that as it may, IMO, it's preemptive to talk about guilt beyond reasonable doubt because that is well within the province of judicial prerogative. diba prosecutor's level pa lang tayo?
but then again, at this stage, as i have opined above, the prosecutor has a wide discretion to determine which case has probable cause. if we cry out abuse of discretion, it must be grave abuse...and that is entirely another judicial prerogative.
masaya mamuhay dito...Last edited by ab_initio; January 8th, 2009 at 12:03 PM.
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January 8th, 2009 12:32 PM #50
Ogags talaga tong si Johnny Joseph (a.k.a. Johnny Midnight), yung
tatay nung isa sa Alababg Boys na si Jorge Joseph.
Ang sabi ba naman: "My son is not an addict, he's just a social user
so it's no big deal."
Kaya nagkaganyan ang anak mo dahil sa pag-kunsinti mo!
Hay naku - Pag mayaman ka at gumagamit ka ang tawag sa yo
Social User, pero pag mahirap ka ang tawag sa iyo ADIK!
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