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March 2nd, 2017 01:34 AM #41
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March 2nd, 2017 01:39 AM #42
uubra ba ganyan? settlement? Pano pag galit ako sa kamag anak ko. pinabaril ko, then kunwari demanda ko yung inutusan ko and he will pretend na babayaran na lang ako. lusot na?
although I heard a news once, nasagasaan at namatay, then nag settle, walang kaso.
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March 2nd, 2017 07:27 AM #43i think murder and homicide are different kuya, walang settlement ang murder, its people vs juan dela cruz...unlike homicide example a vehicular accdent, its different...
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March 2nd, 2017 07:41 AM #44very good question.
I.
every person criminally liable is also civilly liable.
the criminal liability of the killer pertains to his having violated our laws on homicide or murder, which must be prosecuted by the state or the people of the philippines. on the other hand, his civil liability arises from the delict he has done to the family of the victim which he must personally pay in terms of actual and moral damages.
generally, his criminal liability cannot be compromised or settled because crime is an outrage against the people of the philippines and the private complainant/s (family of the victim) are relegated merely as witnesses for the state.
however, the killer's civil liability can be settled or compromised because this is personal and the state does not have a stake in it. usually, the compromise or settlement is given effect through the execution by the private complainant of an affidavit of desistance.
In other words, only the civil aspect of the case can be settled, and not the criminal aspect.
but here is the problem: if the private complainant had already desisted and would no longer interested to pursue the case or testify against the murderer because he had been paid already, the obligation to go after the latter rests solely now on the shoulders of the prosecution. under our rules, the prosecution is duty- bound to prove the guilt of the accused beyond reasonable doubt because of the constitutional presumption of innocence. now, the prosecution could not possibly discharge this duty if it no longer had witnesses to present during trial. ultimately, and in the last analysis, accused is acquitted not because he didn't commit the crime but the presumption of innocence in his favor wasn't overturned by the prosecution with proof beyond reasonable doubt.
II.
with respect to "nasagasaan at namatay," this is actually reckless impudence resulting to homicide punishable under article 365 of the revised penal code. under the rules on evidence, this case can be settled. in fact, this is encouraged to be settled.
III.
Pano pag galit ako sa kamag anak ko. pinabaril ko, then kunwari demanda ko yung inutusan ko and he will pretend na babayaran na lang ako. lusot na?
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March 2nd, 2017 08:25 AM #45i think you didn't get mr. husain's point. he was implying that the neuro examination given to f/a license applicants is a sham. he was also asking why the police did not go to his house and take custody of his firearms if it was true that his license had already expired.
i also took that minnesota multiphasic personality inventory and millon clinical multiaxial inventory, and through these test it will be discovered if you're a non compos mentis or whether you have homicidal tendencies.
i agree that a firearm license applicant should undergo a rigorous neuro-pschiatric examination. and i agree that only those who have the temperament and the proper training who are entitled to carry firearms. short of that, we are encouraging walking timebombs on our streets like von tanto, sonson atienza, rolito go, and claudio teehankee jr.
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March 2nd, 2017 09:21 AM #46
thanks for the education.
the trick is make it look like a homicide, buy a 100k worth of 2nd hand vehicle, look for a person with no connection with the mastermind, and have him "accidentally" run over the wife of the mastermind that he want to lose. when the authorities catch the driver, the husband will just ask for a fake settlement.
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March 2nd, 2017 09:30 AM #47you are sick kuya.....
pwede sa biyenan...
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March 2nd, 2017 09:58 AM #48
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March 2nd, 2017 03:22 PM #50medyo naguguluhan ako sa pangyayari..tama ba pagkaka intindi ko.
mag be beating the redlights itong gun man.pero ang ginawa ni naka motor hinarang niya .at huminto siya sa harapan ni gunman kaya nagalit si gunman.
ganun ba pangyayari?
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