Supreme court passes new legislation

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Posted (edited)

The philipine supreme court has just aproved new legislation, that can mean the arrest of a foreigner and prevention of flight if someone acuses you of a crime yoi can be arrested if you are a mere suspect 

If i could paste the link i would

Its on a site called.www.abogado.com.ph

Edited by bastonjock
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Posted (edited)
1 hour ago, bastonjock said:

The philipine supreme court has just aproved new legislation, that can mean the arrest of a foreigner and prevention of flight if someone acuses you of a crime yoi can be arrested if you are a mere suspect 

If i could paste the link i would

Its on a site called.www.abogado.com.ph

The way I understand the article it’s not just foreigners who this applies too, but also to Filipino citizens.  And  for foreigners the potential sentence must be 6 years and one day for them to issue a hold  before departure order. 

The article: 

The Supreme Court (SC) has approved a new rule allowing the issuance of “precautionary hold departure orders (PHDO)” that would restrict the right of mere suspects to travel even if they have not yet been formally charged with a crime in the courts.

11 of the SC’s justices voted to approve Administrative Matter (A.M.) Number 18-07-05-SC, or the Rule on Precautionary Hold Departure Order. Associate Justice Marvic Leonen cast the lone dissenting vote.

Under the new rule, courts may issue an order commanding the Bureau of Immigration (BI) to “prevent any attempt by a person suspected of a crime to depart from·the Philippines,” even of the complaint was only pending preliminary investigation and had not reached the court.

The order will be issued ex-parte—or without requiring the knowledge of the suspect—in cases involving foreigners or crimes with a minimum penalty of six years and one day.

The prosecutor may file the application for a PHDO with the Regional Trial Court (RTC) exercising jurisdiction over the location of the crime. Applications may also be filed any RTC within the same judicial region of the scene of the crime, but for compelling reasons.

For complaints instituted by the National Bureau of Investigation (NBI), the prosecutor may file a PHDO application with the RTCs in Manila, Quezon City, Cebu City, Iloilo City, Davao City or Cagayan de Oro City, regardless of where the crime was actually committed.

The judge may grant the PHDO upon finding that there is a “high probability that respondent will depaii from the Philippines to evade arrest and prosecution of crime against him or her.”

Since PHDOs will be issued while the case is pending preliminary investigation, the rule stressed that it shall be “without prejudice” to the prosecutor’s eventual finding of probable cause or the lack of it.

The respondent may seek the temporary lifting of the PHDO by showing that there is doubt about the existence of probable cause or that he is not a flight risk.

 https://www.abogado.com.ph/restricting-the-right-to-travel-sc-approves-new-rule-allowing-hold-departure-orders-against-mere-suspects/

Edited by Gator
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Posted

This is typical for many countries but considering the colored history of the judicial system in Philippines I find this troubling.

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Posted

Gator I think you need to read it again as there is an or in there so foriegners are not subjuct to the 6 year rule.

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Posted

Yeah right

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The prosecutor may file the application for a PHDO with the Regional Trial Court (RTC) exercising jurisdiction over the location of the crime. Applications may also be filed any RTC within the same judicial region of the scene of the crime, but for compelling reasons.

I know for a fact the prosecutor will do nothing. 

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5 hours ago, Old55 said:

This is typical for many countries but considering the colored history of the judicial system in Philippines I find this troubling.

Like I've said in many posts, the PI's are catching up with the world in not only their laws but enforcing them as well. As Old 55 said this law exists in other western countries and to make the PI's a more attractable holiday destination and get rid of the grubs that puts all expats in the one boat, I can't see to much dramor in this law. Yes there will be outcrys and even condemnation on some peoples predicaments, but before a doubt is raised let's sit back and see who it really effects. Accused drug lords, pedifilers, swindlers, to name a few can get out on bail and skip the country and carry on as usual in another country without recourse because their crime is only alleged, no warrant to hold them in that country. Skipping an order not to travel, the PI's can use Interpol to locate them and extradite them back to the PI's if the country has an extradition treaty in place. No order, no legal recourse to chase the perpetrator, I don't think this will effect the average Joe blow that does a petty crime. :thumbsup:

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13 minutes ago, Clermont said:

I don't think this will effect the average Joe blow that does a petty crime. :thumbsup:

 

You don't think that some innocent people will get caught up by spurious complaints from ex's or former partners of current girlfriends because... revenge?

 

 

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7 hours ago, Gator said:

The order will be issued ex-parte—or without requiring the knowledge of the suspect—in cases involving foreigners or crimes with a minimum penalty of six years and one day.

 

2 minutes ago, GeoffH said:

You don't think that some innocent people will get caught up by spurious complaints from ex's or former partners of current girlfriends because... revenge?

No Geoff, a sentence carrying that length of time would be to serious a crime for a jilted lover to stand up to scrutiny by the police, then again you might be right, it depends on how big a mongrel he was to her. At the end of the day, he is not penned he is only not allowed to travel outside the country if at risk. Don't forget it is not targeted at foreigners, many a PI skips the country to avoid arrest. :thumbsup:

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