0 оценок0% нашли этот документ полезным (0 голосов)
17 просмотров2 страницы
Laws relating to Iamily rights and duties are binding upon citizens oI the Philippines. Real property as well as personal property is subject to the law of the country where it is stipulated. When the accused in a criminal prosecution is acquitted, a civil action Ior damages Ior the same act or omission may be instituted.
Laws relating to Iamily rights and duties are binding upon citizens oI the Philippines. Real property as well as personal property is subject to the law of the country where it is stipulated. When the accused in a criminal prosecution is acquitted, a civil action Ior damages Ior the same act or omission may be instituted.
Авторское право:
Attribution Non-Commercial (BY-NC)
Доступные форматы
Скачайте в формате DOCX, PDF, TXT или читайте онлайн в Scribd
Laws relating to Iamily rights and duties are binding upon citizens oI the Philippines. Real property as well as personal property is subject to the law of the country where it is stipulated. When the accused in a criminal prosecution is acquitted, a civil action Ior damages Ior the same act or omission may be instituted.
Авторское право:
Attribution Non-Commercial (BY-NC)
Доступные форматы
Скачайте в формате DOCX, PDF, TXT или читайте онлайн в Scribd
Penal laws and those oI public security and saIety shall
be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles oI public international law and to treaty stipulations. (8a) Article 15. Laws relating to Iamily rights and duties, or to the status, condition and legal capacity oI persons are binding upon citizens oI the Philippines, even though living abroad. (9a) Article 16. Real property as well as personal property is subject to the law oI the country where it is stipulated. However, intestate and testamentary successions, both with respect to the order oI succession and to the amount oI successional rights and to the intrinsic validity oI testamentary provisions, shall be regulated by the national law oI the person whose succession is under consideration, whatever may be the nature oI the property and regardless oI the country wherein said property may be Iound. (10a) Article 17. The Iorms and solemnities oI contracts, wills, and other public instruments shall be governed by the laws oI the country in which they are executed. When the acts reIerred to are executed beIore the diplomatic or consular oIIicials oI the Republic oI the Philippines in a Ioreign country, the solemnities established by Philippine laws shall be observed in their execution. Prohibitive laws concerning persons, their acts or property, and those which have Ior their object public order, public policy and good customs shall not be rendered ineIIective by laws or judgments promulgated, or by determinations or conventions agreed upon in a Ioreign country. (11a) Article 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action Ior damages Ior the same act or omission may be instituted. Such action requires only a preponderance oI evidence. Upon motion oI the deIendant, the court may require the plaintiII to Iile a bond to answer Ior damages in case the complaint should be Iound to be malicious. II in a criminal case the judgment oI acquittal is based upon reasonable doubt, the court shall so declare. In the absence oI any declaration to that eIIect, it may be inIerred Irom the text oI the decision whether or not the acquittal is due to that ground. Article 30. When a separate civil action is brought to demand civil liability arising Irom a criminal oIIense, and no criminal proceedings are instituted during the pendency oI the civil case, a preponderance oI evidence shall likewise be suIIicient to prove the act complained oI. Article 31. When the civil action is based on an obligation not arising Irom the act or omission complained oI as a Ielony, such civil action may proceed independently oI the criminal proceedings and regardless oI the result oI the latter. Article 32. Any public oIIicer or employee, or any private individual, who directly or indirectly obstructs, deIeats, violates or in any manner impedes or impairs any oI the Iollowing rights and liberties oI another person shall be liable to the latter Ior damages: (1) Freedom oI religion; (2) Freedom oI speech; (3) Freedom to write Ior the press or to maintain a periodical publication; (4) Freedom Irom arbitrary or illegal detention; (5) Freedom oI suIIrage; (6) The right against deprivation oI property without due process oI law; (7) The right to a just compensation when private property is taken Ior public use; (8) The right to the equal protection oI the laws; (9) The right to be secure in one's person, house, papers, and eIIects against unreasonable searches and seizures; (10) The liberty oI abode and oI changing the same; (11) The privacy oI communication and correspondence; (12) The right to become a member oI associations or societies Ior purposes not contrary to law; (13) The right to take part in a peaceable assembly to petition the Government Ior redress oI grievances; (14) The right to be a Iree Irom involuntary servitude in any Iorm; (15) The right oI the accused against excessive bail; (16) The right oI the accused to be heard by himselI and counsel, to be inIormed oI the nature and cause oI the accusation against him, to have a speedy and public trial, to meet the witnesses Iace to Iace, and to have compulsory process to secure the attendance oI witness in his behalI; (17) Freedom Irom being compelled to be a witness against one's selI, or Irom being Iorced to conIess guilt, or Irom being induced by a promise oI immunity or reward to make such conIession, except when the person conIessing becomes a State witness; (18) Freedom Irom excessive Iines, or cruel and unusual punishment, unless the same is imposed or inIlicted in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom oI access to the courts. In any oI the cases reIerred to in this article, whether or not the deIendant's act or omission constitutes a criminal oIIense, the aggrieved party has a right to commence an entirely separate and distinct civil action Ior damages, and Ior other relieI. Such civil action shall proceed independently oI any criminal prosecution (iI the latter be instituted), and may be proved by a preponderance oI evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set Iorth is not demandable Irom a judge unless his act or omission constitutes a violation oI the Penal Code or other penal statute. Article 33. In cases oI deIamation, Iraud, and physical injuries a civil action Ior damages, entirely separate and distinct Irom the criminal action, may be brought by the injured party. Such civil action shall proceed independently oI the criminal prosecution, and shall require only a preponderance oI evidence. Article 34. When a member oI a city or municipal police Iorce reIuses or Iails to render aid or protection to any person in case oI danger to liIe or property, such peace oIIicer shall be primarily liable Ior damages, and the city or municipality shall be subsidiarily responsible thereIor. The civil action herein recognized shall be independent oI any criminal proceedings, and a preponderance oI evidence shall suIIice to support such action. Article 35. When a person, claiming to be injured by a criminal oIIense, charges another with the same, Ior which no independent civil action is granted in this Code or any special law, but the justice oI the peace Iinds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney reIuses or Iails to institute criminal proceedings, the complaint may bring a civil action Ior damages against the alleged oIIender. Such civil action may be supported by a preponderance oI evidence. Upon the deIendant's motion, the court may require the plaintiII to Iile a bond to indemniIy the deIendant in case the complaint should be Iound to be malicious. II during the pendency oI the civil action, an inIormation should be presented by the prosecuting attorney, the civil action shall be suspended until the termination oI the criminal proceedings. Article 36. Pre-judicial questions, which must be decided beIore any criminal prosecution may be instituted or may proceed, shall be governed by rules oI court which the Supreme Court shall promulgate and which shall not be in conIlict with the provisions oI this Code.