Extra judicial killing republic act

Extra judicial killing republic act

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen. Section 1. Short Title. Section 2. Declaration of Stale Policy. For this purpose, the State shall:. It shall be recognized that children are entitled to dignity and respect as human beings in need of protection from degradation, humiliation, maltreatment, exploitation and assault. Section 3. Scope of Application. The application of this Act shall not affect the legal status of any party to the armed conflict.

Section 4. Interpretation of this Act. These include, among others battering, sexual slavery and abuse of children, female genital mutilation, prostitution, forced marriage, forced pregnancy or forced sterilization. These also refer to attacks of such places which have been temporarily abandoned by the community as a result of armed conflict.

It shall include the promotion of their development and psychosocial well-being. They may participate directly in armed hostilities as combatants or fighters; or indirectly through support roles such as scouts, spies, saboteurs, decoys, checkpoint assistants, couriers, messengers, porters, cooks or as sexual objects.

These crimes include those enumerated in Section 9 of this Act such as killing or maiming of children, recruitment or use of CIAC, rape and other forms of sexual violence against children, abduction of children, attacks against schools or hospitals, or denial of humanitarian access to children.

Such action is subject to the consent of the State or parties concerned and does not prescribe coercive measures in the event of refusal, however unwarranted. Humanitarian assistance must be provided in accordance with the basic humanitarian principles of humanity, impartiality, independence and neutrality.

Assistance may be divided into three 3 categories: direct assistance, indirect assistance, and infrastructure support, which have diminishing degrees of contact with the affected population. They include the death of children as a result of direct targeting and indirect actions, such as cross fire, use of landmines and improvised explosive devices IEDcluster munitions, biological weapons of destruction, all other forms and types of explosives; or house demolitions, search and arrest campaigns, suicide attacks and torture; they also include murder, homicide and such other similar crimes as defined in the Revised Penal Code, as amended, and other special laws.

It shall cover intentional maiming of children where they are directly targeted, and causal maiming of children which result from indirect actions, such as cross fire, use of landmines, IED, cluster munitions, biological weapons of destruction, all forms and types of explosives; or in the context of house demolitions, search and arrest campaigns, suicide attacks and torture.

It entails a disassociation from the government force or armed group and the beginning of transition from military to civilian life. Release can take place during a situation of armed conflict; it is not dependent on the temporary or permanent cessation of hostilities; and it is not dependent on children having weapons to forfeit.

It is not merely a "Demilitarized Zone", but a sanctuary that operates within ethical principles of nonviolence, free from weapons, acts of violence, injustice and environmental degradation. The recognition of the Zone of Peace expresses commitments on the part of its community, governmental authority and, if appropriate, religious leadership to preserve the peaceful integrity of the designated site.

Its custodians, members, participants and visitors exemplify mutual respect and nonviolent behavior while on the site, and share their resources for furthering peace and cooperation.As mentioned in my previous post which contains the full text of Act No. However, after reading the contents of Act No. Why am I posting these? For starters, I just want to be sure that we are all on the same page when it comes to extrajudicial foreclosure sales in the Philippines. Please continue reading to find out more….

ACT NO. In all cases in which an extrajudicial sale is made under the special power herein before referred to, the debtor, his successors in interest or any judicial creditor or judgment creditor of said debtor, or any person having a lien on the property subsequent to the mortgage or deed of trust under which the property is sold, may redeem the same at any time within the term of one year from and after the date of the sale; and such redemption shall be governed by the provisions of sections four hundred and sixty-four to four hundred and sixty-six, inclusive, of the Code of Civil Procedure, in so far as these are not inconsistent with the provisions of this Act.

The following three sections are hereby inserted after section six of said Act Numbered Thirty-one hundred and thirty-five:. In any sale made under the provisions of this Act, the purchaser may petition the Court of First Instance of the province or place where the property or any part thereof is situated, to give him possession thereof during the redemption period, furnishing bond in an amount equivalent to the use of the property for a period of twelve months, to indemnify the debtor in case it be shown that the sale was made without violating the mortgage or without complying with the requirements of this Act.

Such petition shall be made under oath and filed in form of an ex parte motion in the registration or cadastral proceedings if the property is registered, or in special proceedings in the case of property registered under the Mortgage Law or under section one hundred and ninety-four of the Administrative Code, or of any other real property encumbered with a mortgage duly registered in the office of any register of deeds in accordance with any existing law, and in each case the clerk of the court shall, upon the filing of such petition, collect the fees specified in paragraph eleven of section one hundred and fourteen of Act Numbered Four hundred and ninety-six, as amended by Act Numbered Twenty-eight hundred and sixty-six, and the court shall, upon approval of the bond, order that a writ of possession issue, addressed to the sheriff of the province in which the property is situated, who shall execute said order immediately.

The debtor may, in the proceedings in which possession was requested, but not later than thirty days after the purchaser was given possession, petition that the sale be set aside and the writ of possession cancelled, specifying the damages suffered by him, because the mortgage was not violated or the sale was not made in accordance with the provisions hereof, and the court shall take cognizance of this petition in accordance with the summary procedure provided for in section one hundred and twelve of Act Numbered Four hundred and ninety-six; and if it finds the complaint of the debtor justified, it shall dispose in his favor of all or part of the bond furnished by the person who obtained possession.

Either of the parties may appeal from the order of the judge in accordance with section fourteen of Act Numbered Four hundred and ninety-six; but the order of possession shall continue in effect during the pendency of the appeal. When the property is redeemed after the purchaser has been given possession, the redeemer shall be entitled to deduct from the price of redemption any rentals that said purchaser may have collected in case the property or any part thereof was rented; if the purchaser occupied the property as his own dwelling, it being town property, or used it gainfully, it being rural property, the redeemer may deduct from the price the interest of one per centum per month provided for in section four hundred and sixty-five of the Code of Civil Procedure.

The number of the present section seven of said Act Numbered Thirty-one hundred and thirty-five is hereby changed, making it section ten. To date I have only been featuring information and listings of two of the most common types of foreclosures we can invest in here in the Philippines.

These are bank foreclosed properties or acquired assets and real property being sold through tax foreclosure auctions. Soon I will be posting listings and information about a third type of foreclosures which are properties that are to be sold through an extrajudicial foreclosure sale.

This is governed by Act as amended by Act hence if you are interested in participating in such auctions, you can use these as reference on how they are generally conducted. Subscribe now to e-mail alerts if you want to be notified when I post these listings.

Text by Jay Castillo. If you are a new visitor, please start here to learn more about foreclosure investing in the Philippines. Avoid losing money, wasted time and effort caused by buying foreclosed properties that have too many problems, with our free item Property Due Diligence Checklist. Grab your free copy now. Republic Act No. About The Author. I encountered a lot of those, which is why I started this blog in to serve as a guide where I share lessons learned, and how to overcome challenges with investing foreclosed properties in the Philippines … [Read more].

extra judicial killing republic act

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Click the link to continue registering. You will be re-directed to our payment partner to complete your payment. Your payment was interrupted. Exiting the registration flow at this point will mean you will loose your progress. They had pointed to this definition to say that there were zero EJK cases from July 1, to September 30, He had used this definition to say there was no "new wave" of killings under the Duterte presidency.

This is because AO 35 appears to limit EJKs to those perpetrated against people who express dissent or opposition against government.

The older definition also states that both government and non-government forces can commit EJKs. What does this mean? Lawyer Theodore Te says the EJK definition is preceded by the phrase "As used in this Act," which means "the definition appears to be limited to this law. But the real potential impact of the definition is how it applies to cases of minors being killed in conflict situations, including the administration's campaign against illegal drugs, which the government says it is waging against armed syndicates.

But the new definition is not retroactive, meaning it cannot be used for cases of killings of minors before the law was enacted. This new definition in RA is different from the AO 35 definition in crucial ways. One major difference is that it specifically states that EJKs are committed by state actors, meaning the government. EJKs now include any violation of the right to life, based on international definitions like the Universal Declaration of Human Rights.

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Extrajudicial killing

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Exit Registration. Pia Ranada.Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine. Short Title. It shall also protect victims, witnesses and their families, and provide appropriate redress to victims and their families.

It shall ensure that the legal systems in place provide accessible and gender-sensitive avenues of redress for victims of armed conflict; and. Armed conflict may be international, that is, between two 2 or more States, including belligerent occupation; or non-international, that is, between governmental authorities and organized armed groups or between such groups within a State. It does not cover internal disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a similar nature.

Such armed forces shall be subject to an internal disciplinary system which enforces compliance with International Humanitarian Law. War Crimes. In case of doubt whether such building or place has been used to make an effective contribution to military action, it shall be presumed not to be so used.

Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act.

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Any person found guilty of committing any of the acts specified in paragraphs a and b of this section shall suffer the penalty provided under Section 7 of this Act. Other Crimes Against Humanity. When justified by the extreme gravity of the crime, especially where the commission of any of the crimes specified herein results in death or serious physical injury, or constitutes rape, and considering the individual circumstances of the accused, the penalty of reclusion perpetua and a fine ranging from Five hundred thousand pesos Php, Any person found guilty of inciting others to commit genocide referred to in Section 5 b of this Act shall suffer the penalty of prision mayor in its minimum period and a fine ranging from Ten thousand pesos Php10, In addition, the court shall order the forfeiture of proceeds, property and assets derived, directly or indirectly, from that crime, without prejudice to the rights of bona fide third 3 rd parties.

The court shall also impose the corresponding accessory penalties under the Revised Penal Code, especially where the offender is a public officer. Individual Criminal Responsibility.

Such contribution shall be intentional and shall either:. Irrelevance of Official Capacity. In particular, official capacity as a head of state or government, a member of a government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Act, nor shall it, in and of itself, constitute a ground for reduction of sentence.

Responsibility of Superiors.

Prof. Theodore Te: “EJK finally defined but is it a crime?”

Orders from a Superior. For the purposes of this section, orders to commit genocide or other crimes against humanity are manifestly unlawful. Protection of Victims and Witnesses. In so doing, the court shall have regard of all relevant factors, including age, gender and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children.

The prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial.

In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or is a witness, unless otherwise ordered by the court, having regard to all the circumstances, particularly the views of the victim or witness.

Such views and concerns may be presented by the legal representatives of the victims where the court considers it appropriate in accordance with the established rules of procedure and evidence; and. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial. Reparations to Victims. On this basis, in its decision, the court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and state the principles on which it is acting.

Nothing in this section shall be interpreted as prejudicing the rights of victims under national or international law. Applicability of International Law.

Philippines; and. In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.

extra judicial killing republic act

No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes defined and penalized in this Act if they have been tried by a competent court outside the Philippines in respect of the same offense and acquitted, or having been convicted, already served their sentence.

Philippine Courts, Prosecutors and Investigators.An extrajudicial killing also known as extrajudicial execution or extralegal killing [1] is the killing of a person by governmental authorities without the sanction of any judicial proceeding or legal process.

They often target political, trade union, dissident, religious and social figures. Many human rights organizations, including Amnesty International and Human Rights Watchare campaigning against extrajudicial punishment. Extrajudicial killings and death squads are common in Burundi. Extrajudicial killings and death squads are common in Democratic Republic of the Congo.

Extrajudicial killings and death squads are common in Egypt. Extrajudicial killings and death squads are common in Ethiopia. Extrajudicial killings and death squads are common in the Ivory Coast. Extrajudicial executions are common in informal settlements in Kenya.

Extrajudicial killings and death squads are common in Libya. Argentina 's dictatorial government during the — period used extrajudicial killings systematically as way of crushing the opposition in the so-called " Dirty War " [24] or what is known in Spanish as La Guerra Sucia. During this violent period, it is estimated that the military regime killed between eleven thousand and fifteen thousand people and most of the victims were known or suspected to be opponents of the regime.

Extrajudicial killings and death squads are common in Brazil. When General Augusto Pinochet assumed power inhe immediately ordered the purges, torture, and deaths of more than 3, supporters of the previous government without trial.

He was behind numerous assassinations and human rights abuses such as the abduction and forced disappearance of Socialist Party leader Victor Olea Alegria.

Act 4118 – Act 3135 as amended and governs extrajudicial foreclosures

Some of the killings were also coordinated with other right-wing dictatorships in the Southern Cone in the so-called Operation Condor. Extrajudicial killings and death squads are common in Colombia. Extrajudicial killings and death squads are common in El Salvador. In Decemberfour Americans—three nuns and a lay worker—were raped and murdered by a military unit later found to have been acting on specific orders.

Death squads were instrumental in killing hundreds of peasants and activists, including such notable priests as Rutilio Grande. Because the death squads involved were found to have been soldiers of the Salvadoran military, which was receiving U.Extrajudicial killings are most commonly referred to as "salvaging " in Philippine English.

Philippine extrajudicial killings are politically motivated murders committed by government officers, punished by local and international law or convention. They include assassinations; deaths due to strafing or indiscriminate firing; massacre; summary execution is done if the victim becomes passive before the moment of death i.

A forced disappearance desaparecidoson the other hand, as form of extrajudicial punishment is perpetrated by government officers, when any of its public officers abducts an individual, to vanish from public view, resulting to murder or plain sequestration. The victim is first kidnapped, then illegally detained in concentration campsoften tortured, and finally executed and the corpse hidden. In Spanish and Portuguese"disappeared people" are called desaparecidosa term which specifically refers to the mostly South American victims of state terrorism during the s and the s, in particular concerning Operation Condor.

extra judicial killing republic act

In the International Convention for the Protection of All Persons from Enforced Disappearance"Enforced disappearance" is defined in Article 2 of the United Nations Convention Against Torture as "the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.

Even if Philippine Republic Act No. In10, Filipinos won a U. The charges were filed by victims or their surviving relatives for torture, execution and disappearances. Military historian Alfred McCoy in his book "Closer than Brothers: Manhood at the Philippine Military Academy" and in his speech "Dark Legacy" cites 3, extrajudicial killings, 35, torture victims, and 70, incarcerated during the Marcos years.

The New People's Army NPA groups known as "Sparrow Units" were active in the mids, killing government officials, police personnel, military members, and anyone else they targeted for elimination.

They were also part of an NPA operation called "Agaw Armas" Filipino for "Stealing Weapons"where they raided government armories as well as stealing weapons from slain military and police personnel.

extra judicial killing republic act

A low level civil war with south MuslimsAl-Qaeda sympathizers and communist insurgents has led to a general break down of law and order. The Philippines government has promised to curb the killings, but is itself implicated in many of the killings. Since it aimed to establish a Marxist regime with armed rebellion against the government. Human Rights Watch investigated extrajudicial murders in the Philippines in September However, there is certainly evidence pointing the finger of suspicion at some elements and personalities in the armed forces, in particular General Jovito Palparanas responsible for an undetermined number of killings, by allowing, tolerating, and even encouraging the killings.

Because of the inefficacy and insufficiency of the Philippines Writ of Habeas Corpuson September 25,Chief Justice Reynato Puno signed and released the Writ of Amparo: "This rule will provide the victims of extralegal killings and enforced disappearances the protection they need and the promise of vindication for their rights.

This rule empowers our courts to issue reliefs that may be granted through judicial orders of protection, production, inspection and other relief to safeguard one's life and liberty The writ of amparo shall hold public authorities, those who took their oath to defend the constitution and enforce our laws, to a high standard of official conduct and hold them accountable to our people.

The sovereign Filipino people should be assured that if their right to life and liberty is threatened or violated, they will find vindication in our courts of justice'. Puno explained that the writ of amparo denies to authorities defense of simple denial, and habeas data can find out what information is held by the officer, rectify or even the destroy erroneous data gathered.

The international groups conducted interviews of various legal sectors from June 15 to June 20, This team is composed of 8 judges and lawyers from Belgium and Netherlandswho had dialogue with Reynato Puno on the probe of killings. The legislative bodies, House of Representatives and Senateshould also initiate its own actions promptly and without delay.Above all, the authors emphasize that entrepreneurship is a career, not a one-time event, and winners are those who can keep themselves in the game.

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