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Husband Of Us Diplomat Killed In Makati City


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Murder is murder, homicide is manslaughter.

 

In this case they are using the example of the "Big Burly Marine" against 4 "little half-starved Filipinos"...  Which in my eyes is pure horse pucky!

 

I have known a few marines.  Yes, they are trained to be able to survive and control just about any battle field.  But not every Marine is GI Joe!  He doesn't leap from mountains without a parachute...  And he doesn't fight aliens in outer space!  Are they trained to defend themselves?  Yes.  But 4 on 1 in any situation - regardless of training - for most people is insurmountable odds.  Especially when they have a weapon and he does not.  Yes, for some Marines, this is not a problem.  For others?  Not so much fun, I can honestly state.  Sure, I have faced just as big a crowd who was armed and I was by myself - but I was also in my response vehicle with the doors locked, windows up and my foot on the gas.  And it was during a military exercise so nobody got hurt.  No way would I want to face 4 men unarmed when they are.  So, getting back onto the subject?  Is this a case of homicide?  Not even close!  Video clearly shows the deceased trying to get away from these men as they pursue him with the idea of doing him harm and - in the mind of at least one - murder.

Another head shot bulls eye Bob!  I have googled the difference between murder and homicide and I would assume

it is universally applied in any court system: basically, homicide is murder without pre-meditation.

 

This case should set precedent for all future capital punishment cases in the Philippines.  The spotlight is glaringly

bright in the judge's courtroom because of one simple fact -- it is closely monitored by US Embassy officials.  However,

I don't have a warm and fuzzy feeling that NOT all of the under the table negotiations can be prevented.  Of course

there is one over the table too -- it's called plea bargaining between two slick lawyers.  

 

Whatever the final verdict, I hope it is swift, fair and balanced for all parties concern.  Perhaps my expectations of a

fair legal system in my native land will improve after the embarrassing impeachment of their supreme chief justice

of the nation's highest court (chief justice Corona).  

 

Respectfully -- Jake

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I'm curious if "Amenable agreement" pertaining to Philippines law is like blood money?

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Here is a description of how a murder / homicide case works in a nutshell...  Can you find any errors in this?  

 

In the Philippines, it is illegal to kill another person.  With the present Judicial System, if someone was to (for example) kill your father, you go to the police and then a judge to have this person charged.  The judge will issue a warrant and then the accused is arrested (in a perfect world).  When the trial comes up - or even before the trial, if the accused decides to pay you off a sufficient amount of moolah - or threatens to have the rest of  your family removed from the face of the earth, you can change your mind and say that what he did was ok.  Charges are then dropped.

 

Am I correct in my thinking on how the law works or am I over-simplifying this overly simplified example?  Or is there something wrong here.

 

(I already know the answer though it took me a few days and quite a bit of research of Philippine Law to find out - I want to see if everybody else understands this)

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In most countries you would not have to go down and charge someone for a capital crime .... it will be done for you automatically with out your say so .... even if you didn't want to press charges ..... but here YOU (I believe) have to actually prefer charges or nothing is done ..... (with 23 stab wounds .... he died of natural causes ....  :hystery: ) ..... just like someone can come forward (for a small fee) and say I saw the whole thing and he didn't do it ..... how do they get away with it .... simple ... the contempt ruling by the judge rarely if ever takes place .... so basically you can lie your arse off and walk from the court room smiling and with your head held high ...... I can't for the life of me understand this logic .... it does nothing except breed contempt for the law and helps bribery and corruption run unchecked through the whole judicial system ..... but I guess they want it that way or they would do something to change it .......

 

Now before some one says it takes time to make changes ..... horse apples...... it doesn't ..... just start charging those who lie (for what ever reason) with contempt of court and face a jail sentence .... (a fine would do no good as they don't have any money anyway) ..... after word got around (and it would in a heartbeat) that Dong Dong spent the last 3-6 months in jail (with NO privileges) for lying in a court of law you would see a vast difference in the way trials are conducted here and justice is handed out .....    JMHO ..... :thumbsup:  ..... :cheersty:

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The Philippines uses part Spanish and part American styles of a Judicial system.  Unfortunately, the part dealing with crimes such as this fall under the Spanish side of things.  So, yeah, it is not something most people are familiar with.  Not unless you are a Spaniard, Filipino or from another former Spanish colony that still uses this style justice system.

 

Bottom line on what I"m trying to say?  It ain't just the Philippines folks!

 

:tiphat:  (dang but it's hard to dance on these new monitors..  I keep leaving blue splotches!)

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Now before some one says it takes time to make changes ..... horse apples...... it doesn't ..... just start charging those who lie (for what ever reason) with contempt of court and face a jail sentence .... (a fine would do no good as they don't have any money anyway) ..... after word got around (and it would in a heartbeat) that Dong Dong spent the last 3-6 months in jail (with NO privileges) for lying in a court of law you would see a vast difference in the way trials are conducted here and justice is handed out .....    JMHO .....   .....

 

:thumbsup:

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"Bottom line on what I"m trying to say?"

 

:1st:
More fun....except the murdered part?

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In most countries you would not have to go down and charge someone for a capital crime .... it will be done for you automatically with out your say so ....

Yes, extreemly crazy. So it's free to kill people, who don't have relatives??!! because no family left to charge then...

The Philippines uses part Spanish and part American styles of a Judicial system.

Yes, I had read that history part too.

So I blame Spain to start such crazy juridical system

but I blame the Philippine governments it isn't changed still after such many years...  

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I personally know someone who has Murdered someone, two people on separate occasions 1 month apart, Everybody knows he has done it, Even the police, and yet he has got away with it, Because nobody has made a complaint.

He even offered to kill another Englishman and his wife for me that was giving my family problems at the time, I had 4 or 5 family members with guns that were just going to wipe this guy and his family out, I had to do a lot of talking to stop them, I told the guy he was going to die if he didn't move far away .I am pleased to say he eventually took my advice.

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I think what people are describing here is a badly corrupted system of criminal justice.  Criminal prosecution in the Phils is patterned after the American/English system.  The definition of crimes are often based on Spainish law.  A good description of it can be found here -- http://www.chanrobles.com/criminalprocedure.htm#1985%20RULES%20OF%20CRIMINAL%20PROCEDURE%20-%20RULES%20OF%20COURT%20OF%20THE%20PHILIPPINES
 

If they have knowledge of a crime, police can certainly make-out a criminal complaint and start  an investigation.  It's not an actual legal requirement that they wait for a member of the public to make the complaint first.  In actual practice I'm sure they look the other way on many occasions.  In the US, when organized crime was a huge problem in the 20's,30's and 40's -- this also happened a lot.  Crimes weren't prosecuted because people were paid off or the criminals were too powerful.  

 

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