Justice and law in the Philippines

From Worldatplay

Revision as of 11:47, 8 March 2012

Although the Philippines is a unitary, generally centralized state, its justice system and law enforcement are relatively de-centralized, with most offenses proscribed by provincial and local governments. With the exception of military crimes, the Department of Justice code contains treason, piracy, breach of contract, defrauding the central government, perjury (to a national court or Congress), contempt (in a national court or Congress), currency crimes (counterfeiting, etc.), and banking crimes.

Murder, assault, rape, armed robbery, vandalism, etc. are all crimes dealt with by provincial and local governments. While most provinces have similar punishments for the same crime, others differ radically; however, all are alike in that each one has the death penalty for first degree murder, rape, and other "heinous crimes."

Most provinces, as well as the central government, include asset forfeiture for crimes against property (generally, double the value of property in question, although this varies). If the criminal's assets are insufficient to cover the damages, he goes into indentured servitude until his debt is paid off. If the crime results in bodily injury to the victim(s), the criminal must pay double the cost of the medical treatment for the victim(s), and, as before, if the criminal's assets are insufficient, he goes into indentured servitude until the debt is paid off.

Criminals in indentured servitude perform manual labor for long hours and little pay; what pay they do earn covers the costs of their confinement and the costs of the police investigation of their crimes. Most often, the manual labor includes working on government infrastructure projects, and more often than not the work is difficult and potentially very dangerous.

Basic accomodations for prisoners are sparse: a cot for sleeping and military rations for food. Prison conditions are harsh and unsanitary, and abuse of prisoners remains a widespread problem that has attracted the concern of human rights organizations abroad. The government has ordered an inquiry into the problem, and some progress is being made, but there is still a long way to go. While torture is and has always been strictly illegal, it is still practiced, especially in remote prisons outside the scrutiny of the central government. Rarely, prisoners have been known to die of mistreatment.

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Procedures

After arrest, the suspect may only be held for 24 hours without charge. He has the following rights while being held:

• The right to remain silent
• Protection against self-incrimination
• The right to legal representation
• No questioning without legal representation
• Food, drink, and accomodation at the state's expense

The only answer that can be compelled is name, date of birth, and address.

If the prosecutors decide to proceed with a case, they must convene a grand jury in order to obtain an indictment. Grand juries consist of twenty citizens to whom the evidence is presented. A super majority of fourteen jurors is required to indict a suspect.

If the victim of a crime does not wish to proceed with prosecution, then a prosecution must be abandoned. This applies at any time up to conviction and sentencing. After this time, the victim of a crime may release the criminal from his sentence. This does not apply to murder, manslaughter, or negligent homocide. If the victim of a crime is a child, then the parents/guardians of the child can exercise the rights described above.

At trial, the defendant has the following rights:

• The right to remain silent
• The right to refuse to give self-incriminating testimony
• The right to face his accusers
• The right to supoena witnesses
• The right to jury trials
• The right to a speedy trial
• Reasonable bail within the defendant's ability to pay
• Food, drink, and accomodation at the state's expense
• Protection from double-jeopardy
• The right to appeal a verdict

A jury consists of twelve citizens who are registered to vote, and have no felony convictions. Conviction requires a unanimous decision.

With regard to bail, if a defendant is aquitted, all bail monies are returned, and are matched by the prosecuting attorney, and the police officer in charge of the case. Arraignment proceedings operate on a basis of presumed bail, the government must show good cause for remand. Double compensation for lost income is to be paid to the defendant as well.

Extradition

Extradition is under the jurisdiction of the national government, and hearings are held before a grand jury and a judge.

The Philippines will extradite prisoners to foreign countries under the following conditions:

• The applicant's country has both diplomatic relations and an extradition treaty with the Philippines
• The applicant's country is not governed by a repressive government
• The applicant's country has an exemplary human rights record and no record of torture
• The charge under which the defendant is to be extradited is also a crime in the Philippines
• The applicant must show sufficient evidence to convince a grand jury to indict the defendant
• The applicant must satisfy the court that its legal system guarantees the same protections as exist in the Philippines
• The application is made within ten years of the offense being committed

The extradition hearing result cannot be appealed by the applicant, however, the defendant can appeal all the way to the Supreme Court.

Immigration

The Philippines has a liberal immigration system and, with few exceptions, nearly all prospective immigrants are allowed to emigrate to the country. Exceptions include the following:

• Convicted felons
• Communists, Islamists, and others considered a threat to national security
• Persons carrying highly infectious diseases

In addition, people from certain countries cannot enter the Philippines, if those countries are deemed to be terrorist-sponsor states, or enemy states. Exceptions can be made if a claim for asylum is proven to the Bureau of Immigration.

To become a citizen, an immigrant must meet the following criteria:

• Must be able to speak English and Filipino fluently
• Must be able to write in English and Filipino
• Must have lived and worked in the Philippines for a minimum of five years
• Cannot have any criminal convictions whatsoever
• Must pass a history test and a civics test with a score of 80% or higher
• Must take an oath of loyalty

Citizenship is only automatic for the children of citizens. In the case of an immigrant marrying a citizen, the spouse becomes a citizen after 3 years of marriage.

Citizenship brings the following privileges: The right to vote; the right to serve in the Armed Forces of the Philippines; and the right to serve in a jury.

Note that any immigrant convicted of a serious crime is liable to forfeit his citizenship and be permanently deported from the country.