Getting Prepared For The Philippines > Laws, Regulations, Taxes as Applied to Foreigners
Self Defense Laws in the RP
RUFUS:
Amen
trevor:
Thanks for the info.
Trevor
Ricky A:
--- Quote --- In this light it appears to be similar to self defense laws in the US as well as many civilized countries. The burden of proof falls on the person who takes this course of action. This is understood and accepted. The law does not give anyone the right to act without proof that the action taken is justified beyond any reasonable doubt. In other words, if you should severely injure or kill someone who threatened you or your family, you had better have sufficient proof beyond any doubt that the action was necessary in order to prevent injury or death.
--- End quote ---
wolf
not \"beyond any doubt\" but \"beyond a *reasonable* doubt\".....huge difference...
but it doesn\'t even work that way in Canada....what you describe is called a proof of burden shift and is unconstitutional in Canada. When the defence of self-defence is raised in canada all that the accused has to do to establish this defence is introduce evidence raising at least a reasonable doubt as to his guilt; the burden rests on the prosecution of disproving that defence..beyond a reasonable doubt. prior to 1983 (the yr our canadian charter of rights and freedoms got penned) it was the way you describe...with the onus being on the person to do all the proving should he claim he hurt or killed someone in self defence.....but with the advent of our new constitution a ton of laws and procedures got struck down....and thankfully, that one got re-worked
any country that places upon its citizens the duty to prove their own innocence in a criminal court of law instead of the state having to prove its case beyond a reasonable doubt against the citizen is not a truly evolved country as it pertains to basic human rights such as life, liberty and security of the person.
rick
Steve & Myrlita:
--- Quote from: Ricky A on September 27, 2011, 08:53:25 AM --- In this light it appears to be similar to self defense laws in the US as well as many civilized countries. The burden of proof falls on the person who takes this course of action. This is understood and accepted. The law does not give anyone the right to act without proof that the action taken is justified beyond any reasonable doubt. In other words, if you should severely injure or kill someone who threatened you or your family, you had better have sufficient proof beyond any doubt that the action was necessary in order to prevent injury or death.
--- End quote ---
--- Quote ---wolf
not \"beyond any doubt\" but \"beyond a *reasonable* doubt\".....huge difference...
but it doesn\'t even work that way in Canada....what you describe is called a proof of burden shift and is unconstitutional in Canada. When the defence of self-defence is raised in canada all that the accused has to do to establish this defence is introduce evidence raising at least a reasonable doubt as to his guilt; the burden rests on the prosecution of disproving that defence..beyond a reasonable doubt. prior to 1983 (the yr our canadian charter of rights and freedoms got penned) it was the way you describe...with the onus being on the person to do all the proving should he claim he hurt or killed someone in self defence.....but with the advent of our new constitution a ton of laws and procedures got struck down....and thankfully, that one got re-worked
any country that places upon its citizens the duty to prove their own innocence in a criminal court of law instead of the state having to prove its case beyond a reasonable doubt against the citizen is not a truly evolved country as it pertains to basic human rights such as life, liberty and security of the person.
rick
--- End quote ---
That\'s one of the many reasons The Philippines is a 3rd world country. Here, you are guilty until otherwise proven innocent and even after that, you may still not be free. God Bless...
Ricky A:
--- Quote ---That\'s one of the many reasons The Philippines is a 3rd world country. Here, you are guilty until otherwise proven innocent and even after that, you may still not be free. God Bless...
--- End quote ---
steve
the republic is not a third world country....hasnt been for quite some time. all my research shows that its a second world country....pass it on :)
rick
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