DOCSLIB.ORG

Documents of the International Peoples' Tribunal

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Documents of the International Peoples' Tribunal DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 1 DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL July 16-18, 2015 Washington D.C. Published by IBON International TABLE OF CONTENTS Preface 1 Messages From Convenors 2 Indictment 8 Opening Statement 28 Experts’ Testimonies 31 I. Expert Witness: Overview Of The Human Rights Situation And The Prevailing Impunity In The Philippines 32 II. Expert Witness On The General Socio-Economic Situation Of The Philippines 47 III. Expert Witness On The Framework And Context Of The Third Charge 68 People’s Summation 74 Verdict 77 Profile Of Jurors 131 Profile Of Complainants 135 Position Paper Submitted To The Tom Lantos Human Rights Commission United States Congress 138 Annex 143 Proof Of Service 144 Letter To Defendants 145 Basic Rules Of Procedure 146 Case Summaries 152 Photo credit: Faye Lacanilao I. Civil And Political Rights: Presentation 152 II. Civil And Political Rights: Submission 174 2015 Copyright © IBON International III. Economic, Social, And Cultural Rights: All rights reserved Presentation 205 IV. Economic, Social, And Cultural Rights: Submission 220 IBON International V. Right To Self-Determination 226 3rd Floor IBON Center 114 Timog Avenue, Quezon City Actual Flow Of Proceedings 229 Philippines 1103 Participants To The Tribunal 237 Tel: +632 9277060 to 62 ext. 202 Telefax: +632 9276981 Acknowledgment 240 Website: http://iboninternational.org/ ii iii PREFACE PREFACE The International Peoples’ Tribunal (IPT) on Crimes against the Filipino People convened on July 16 to 18, 2015 in Washington, DC. The Philippine government, represented by Pres. Benigno Simeon Aquino III, and the US Government under Pres. Barack Obama, were found guilty for gross human rights violations, plunder and transgression of the Filipino people’s sovereignty. It was a victory for the Filipino people. It was a victory for justice. iv DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 1 MESSAGES MESSAGES International Coalition for Human Rights in the Philippines The International Coalition for Human Rights in the Philippines is a joint convenor of this International Peoples’ Tribunal because of the urgent need to draw the attention of the international community to the crimes not only of the current Philippine government as represented by President Benigno Simeon Aquino III against the Filipino people, but also those of the US government, under the watch of President Barack Obama. ICHRP was launched in July 2013 in Quezon City, the Philippines, at a major conference on human rights and peace for the Filipino people. The ICHRP is an effort MESSAGES FROM CONVENORS to overcome the ongoing impunity for massive human rights abuses which continued from the presidency of Gloria Macapagal Arroyo. ICHRP deeply thanks the organising team for the International Peoples’ Tribunal for making this important event possible in Washington DC. ICHRP salutes the courage of the witnesses who will come forward into the public gaze to testify to the crimes they allege against the accused political leaders. ICHRP expresses its deep appreciation to the Counsel and Jurors who will analyse and assess the evidence presented to them. ICHRP calls on the global community to acknowledge that this International Peoples’ Tribunal is conducted according to the highest international standards for the conduct of a judicial hearing, and is based on the profound statements of human rights set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. At the conclusion of the International Peoples’ Tribunal and based on its findings, we urge all national human rights institutions and citizen-based advocates for human rights and peace to take action to stop human rights violations in the Philippines, including extrajudicial killings and disappearances. We urge these organisations to join our International Coalition for Human Rights in the Philippines to take action to end the impunity currently enjoyed by the Philippines and US governments for the gross and systemic violations of political, economic, social and cultural rights of the Filipino people. The Reverend Canon Barry Naylor (UK), Chairperson, Global Council of the International Coalition for Human Rights in the Philippines Peter Murphy (Australia), General Secretary, Global Council of the International Coalition for Human Rights in the Philippines 2 DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 3 MESSAGES MESSAGES National Lawyers Guild IBON International conveys its heartfelt solidarity to the victims and survivors of human Greetings Delegates and Participants, rights violations in the Philippines who have bravely stood up and continue to fight for justice and accountability. Together with the other convenors of the International Peoples We are profoundly thankful for your support of IPT 2015. The ongoing Tribunal (IPT), we commend you for bringing to light the grave human rights situation in impunity for human rights violators in the Philippines has left hundreds the Philippines and the culture of impunity prevailing under the current regime. of victims and their families without justice or even acknowledgment of This year will be Philippine President Benigno S. Aquino III last State of the Nation wrongdoing by President Aquino and his ally the U.S. government. When Address. Yet, six years under his reign, the atrocities of the past – extra judicial victims cannot find fair treatment through their government’s legal process, killings, harassment and intimidation of activists and journalists, and militarization of the people must step forward and make their support of the victims known. communities – continue with impunity. The infringement of the Filipino people’s civil We welcome you to hear the testimonies and other evidence and decide with and political liberties goes hand in hand with the violation of their social and economic the jurors as they make their final verdict. Your joining of the IPT 2015 is rights. BS Aquino’s economic strategy continues to follow the neoliberal diktats of the IMF-WB-WTO and the US. Currently, the regime is pushing for the amendment of the an expression of the right of the people to hold states accountable for their constitution to allow 100% foreign ownership of land and vital industries. violations and failure to uphold standards of international law. Thank you for your role in exposing the crimes of the Philippine and U.S. government against Under Aquino’s helm, the privatization of essential services and utilities has accelerated, exacerbating inequalities and heightening the vulnerability of the already poor and the Filipino people and your part in raising national and international visibility disenfranchised majority. Recently, Aquino expressed interest in jumping on the free of the ongoing violations. trade bandwagon orchestrated by the US called the Transpacific Partnership Agreement. The TPP poses yet another ominous threat to the Filipino people’s right to decent work, food, and health and the Filipino nation’s right to self-determined development. Very truly yours, The government of the United States of America under Pres. Barrack Obama is directly culpable for the crimes of the BS Aquino regime. Obama has consistently propped up the Aquino regime through the massive deployment of US military forces in the Philippines in the guise of fighting terrorism and thwarting China’s expansionist ambitions in the region. Vanessa K. Lucas Obama and Aquino have shown little respect for the nation’s sovereignty and Subcommittee on the Philippines democratic institutions and processes. American troops are involved in intelligence NLG International Committee work, provide weapons and training to the Armed Forces of the Philippines, and according to reliable accounts, directly participate in combat operations. The unequal provisions in the military agreements between the US and the Philippines enable erring American soldiers to escape legal liability, as shown in the case of the rape of a Filipina in Subic in 2005 and the dastardly murder of a transwoman in 2014. The Philippine government, like the US government, prides itself of having the principles of human rights enshrined in its Constitution. But the Filipino people have yet to attain the full realization of their human rights. History shows that human rights cannot be simply handed to us on a silver platter; they are fought for by the people. We at IBON International unite with the quest for justice for the countless victims of human rights violations in the Philippines. We stand in the frontline of the struggle for justice, human rights and lasting peace for all Filipinos. Antonio Tujan, Jr. Executive Director, IBON International 4 DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 5 MESSAGES MESSAGES International Coalition for International Association Human Rights in the Philippines of Democratic Lawyers (ICHRP-USA) Greetings from the International Association of Democratic Lawyers to the International Peoples' Tribunal on Crimes against the Filipino people by July 9, 2015 President Benigno S. Aquino and the US Government as Represented by Message from President Barack Obama ICHRP - USA, Co-convenor Warmest greetings and thanks to all those participating and supporting The International Association of Democratic Lawyers (IADL) congratulates all the
Load more

Recommended publications
  • PH Agency Fined $112K for Illegal Placement
    Page 28 Page 10 Page 19 ITALY. Zsa Zsa Padilla VIEWS. The Philippine plans to tie the knot Consulate General next year with her is showing to the boyfriend Conrad public a controversial Onglao in the land of documentary on the Romeo and Juliet. South China Sea. SUCCESS. This Cebuano graduated from the Chinese University of Hong Kong at the top of The No.1 Filipino Newspaper Vol.VI No.328 August 1, 2015 his class. PH agency US hits abuse fined $112k for illegal placement of FDHs in HK fee By Philip C. Tubeza PHILIPPINE Overseas Employment Administration (POEA) chief Hans Cacdac Jr. cancelled the license of a recruitment agency in Manila and or- dered it to pay P650,000 for collecting an illegal placement fee from a Filipina domestic worker in Hong Kong. In an order on June 25, Cacdac also banned the officers and directors of Kan-ya International Services Corp. from recruiting overseas Filipino work- ers (OFWs) for collecting a placement fee of P85,000 from complainant Sarah V. Nievera. The POEA pursued the case even after Nievera issued an affidavit of de- sistance. “As a consequence of the penalty of cancellation of license, the officers and directors of the respondent agency at the time of the commission of the of- fense are hereby disqualified from par- ticipating in the business of recruitment and placement of (OFWs),” Cacdac said. He also ordered Kan-ya and its in- surance firm to refund the amount of P85,000 that was collected from Nie- vera. In her complaint, Nievera said she ap- THE FINALE.
    [Show full text]
  • Deaths Amid Growth for a Few, Destitution and Resistance
    Deaths amid Growth for a Few, Destitution and Resistance A Report Assessment of Workers’ Situation under the Aquino Administration CENTER FOR TRADE UNION AND HUMAN RIGHTS April 2016 Contents 3 Introduction 4 Job Crisis: Destroying regular and local jobs 7 Depressed wages, cheap labor force 8 Discrimination and exploitation of women and child laborers 10 Enslaving and squeezing the workers harder 10 Disaster and demolition king 12 Poverty and destitution for the majority, growth for the few 13 Deaths and worsening conditions at work, borderless impunity on labor standards violations 16 Comprehensive attack against trade union and workers rights 24 Resistance and Struggle of the workers 26 Conclusion and Perspective 27 References Deaths amid Growth for a Few, Destitution and Resistance A Report Assessment of Workers’ Situation under the Aquino Administration Center for Trade Union and Human Rights, Inc. ctuhr.org Rm 702 Culmat Bldg. 126 E. Rodriguez Ave. Bgy. Mariana Quezon City 1112 Philippines +632-411-0256 [email protected] C T U H R 3 Introduction However, by 2015, total projects approved only uring his first State of the Nation Address amount to US$4.2 billion (PHP 189 billion). A very (SONA), President Benigno Simeon small percent but big enough if used to support local “P-Noy” C. Aquino III, talked about the industries and social services. Unfortunately, PPP Dcorruption of the government that preceded him does not aim to develop services, rather PPP targets and the bankrupcy of the government he inherited. to make collection of fees more efficient and increase He promised to “hold accountable the murderers the profit margins from the company-managed and corrupt in the government” and lay down services.
    [Show full text]
  • Policy Briefing
    Policy Briefing Asia Briefing N°83 Jakarta/Brussels, 23 October 2008 The Philippines: The Collapse of Peace in Mindanao Once the injunction was granted, the president and her I. OVERVIEW advisers announced the dissolution of the government negotiating team and stated they would not sign the On 14 October 2008 the Supreme Court of the Philip- MOA in any form. Instead they would consult directly pines declared a draft agreement between the Moro with affected communities and implied they would Islamic Liberation Front (MILF) and the Philippines only resume negotiations if the MILF first disarmed. government unconstitutional, effectively ending any hope of peacefully resolving the 30-year conflict in In the past when talks broke down, as they did many Mindanao while President Gloria Macapagal-Arroyo times, negotiations always picked up from where they remains in office. The Memorandum of Agreement on left off, in part because the subjects being discussed Ancestral Domain (MOA-AD or MOA), the culmination were not particularly controversial or critical details of eleven years’ negotiation, was originally scheduled were not spelled out. This time the collapse, followed to have been signed in Kuala Lumpur on 5 August. At by a scathing Supreme Court ruling calling the MOA the last minute, in response to petitions from local offi- the product of a capricious and despotic process, will cials who said they had not been consulted about the be much harder to reverse. contents, the court issued a temporary restraining order, preventing the signing. That injunction in turn led to While the army pursues military operations against renewed fighting that by mid-October had displaced three “renegade” MILF commanders – Ameril Umbra some 390,000.
    [Show full text]
  • Displaced Lanao Villagers to Get P53-M Assistance
    Vol. 3 No. 13 December 2008 Special Year-End Edition Peace Monitor Displaced Lanao villagers to get P53-M assistance CAGAYAN DE ORO CITY – The Office of Civil Defense (OCD) in Northern Mindanao said that at least P53.29 million have already been extended to the internally displaced persons (IDP’s) affected by the ongoing atrocities between government security forces and rogue Moro Islamic Liberation Front (MILF) rebels in Lanao del Norte. Northern Mindanao OCD Director Carmelito A. Lupo said the government is continuously supporting the IDP’s needs since last August after wanted Moro Islamic Liberation Front (MILF) leader Abdulrahman Macaapar, alias “Commander Bravo” staged a bloody attack in several towns in Lanao del Norte where several innocent civilians were killed and wounded, and burned several houses. [DISPLACED/p.11] HYDROELECTRIC PLANT --- Children walk along modular tubes where water from a river in Buldon, Shariff Kabunsuan Bangsamoro state flow down to a paddle wheel attached to a turbine generator now supplying electricity to more than a hundred houses in the area.[] eyed under federacy BAGUIO CITY, Philippines — Senate Minority MEDCo holds exhibit on Leader Aquilino Pimentel Jr. on Friday said the Mindanao’s peace and autonomous governments mandated by the 1987 Constitution for indigenous Filipinos of the Cordillera development achievements and Muslim Mindanao would not be touched by DAVAO CITY (PNA) — The Mindanao Economic charter amendments seeking to create a federal Development Council (MEDCo) has set up a peace and government in the Philippines. development exhibit at the SM City Davao Event Center Pimentel said the existence of the autonomous in support of this year’s Mindanao Week of Peace governments, particularly the Autonomous Region in celebration.
    [Show full text]
  • Towards a Redirection Or Restructuring in Philippine Foreign Policy?
    Volume 9 Number 1 Spring 2020 pISSN 1848-4298 oISSN 2623-8381 THESIS - Vol. 9, No. 1, Spring 2020 International Research Journal ISSN: 1848-4298 (Print) ISSN: 2623-8381(Online) Leader-driven Change from Aquino to Duterte: Towards a Redirection or Restructuring in Philippine Foreign Policy? Andrea Chloe Wong How to cite this article: Wong, A. Ch. (2020). Leader-driven Change from Aquino to Duterte: Towards a Redirection or Restructuring in Philippine Foreign Policy? Thesis. Vol. 9, No. 1. (109-136). Published online: June 30, 2020 Article received on the 23rd of March, 2020. Article accepted on the 26th of May, 2020. Conict of Interest: The author declares no conict of interests. Review Article Leader-driven Change from Aquino to Duterte: Towards a Redirection or Restructuring in Philippine Foreign Policy? Andrea Chloe Wong University of Canterbury, New Zealand [email protected] Abstract The global perceptions of leaders have significant influence in a state’s foreign policy. In the Philippines’ case, the striking contrast between Presidents Benigno Aquino III, who possesses a moralist and liberalist views, and Duterte, who holds a legalist and realist global perceptions, led to significant changes in their foreign policies. These are evident in their conflicting stance on two cases involving the death penalty of a Filipino worker in Indonesia in 2013; and the country’s maritime arbitration case with China filed in 2013 and eventually won in 2016. Their divergence caused important leader-driven changes, which may result in either a redirection or a restructuring in the country’s foreign policy. Keywords: leaders, global perceptions, foreign policy, Philippine Foreign Policy.
    [Show full text]
  • HUMAN TRAFFICKING, DRUG TRAFFICKING, and the DEATH PENALTY Felicity Gerry* and Narelle Sherwill**
    GERRYIndonesia AND Law SHERWILL Review (2016) 3: 265-282 ~ 265 ~ ISSN: 2088-8430 | e-ISSN: 2356-2129 HUMAN TRAFFICKING, DRUG TRAFFICKING, AND THE DEATH PENALTY Felicity Gerry* and Narelle Sherwill** * The Bar in England and Wales and the Supreme Court of the Northern Territory of Australia; ** Charles Darwin University, Australia Article Info Received : 22 March 2016 | Received in revised form : 14 June 2016 | Accepted : 25 November 2016 Corresponding author’s e-mail : [email protected]; [email protected]; Abstract Both Australia and Indonesia have made commitments to combatting human trafficking. Through the experience of Mary Jane Veloso it can be seen that it is most often the vulnerable ‘mule’ that is apprehended by law enforcement and not the powerful leaders of crime syndicates. It is unacceptable that those vulnerable individuals may face execution for acts committed under threat of force, coercion, fraud, deception or abuse of power. For this reason it is vital that a system of victim identification is developed, including better training for law enforcement, legal representatives and members of the judiciary. This paper builds on submissions by authors for Australian Parliamentary Inquiry into Human Trafficking, and focusses on issues arising in the complex cross section of human trafficking, drug trafficking, and the death penalty with particular attention on identifying victims and effective reporting mechanisms in both Australia and Indonesia. It concludes that, in the context of human trafficking both countries could make three main improvements to law and policy, among others, 1) enactment of laws that create clear mandatory protection for human trafficking victims; 2) enactment of criminal laws that provides complete defence for victim of human trafficking; 3) enactment of corporate reporting mechanisms.
    [Show full text]
  • Timeline of Search for Jonas
    TIMELINE: JONAS BURGOS ABDUCTION April 28, 2007 Jonas Burgos was abducted at about 1:30 pm by 4 armed men and a woman in civilian clothes while having lunch at the Hapag Kainan Restaurant in Ever Gotesco Mall, Quezon City. He was alone and unarmed. A waitress who saw the forcible abduction positively identified Jonas from a picture shown to her. Jonas is a farmer who manages the family organic farm in Bulacan. Jonas has been giving technical training to members of the Alyansang Magbubukid ng Bulacan (Peasant Alliance of Bulacan), a local chapter of the Kilusang Magbubukid ng Pilipinas (KMP or Peasant Movement of the Phillipines), since 1999. the Philippine government and the Armed Forces of the Philippines have labeled the KMP a “front” organization for the Communist Party of the Philippines. May 2, 2007 Larry Marquez, a security guard on duty at Ever Gotesco Shopping Mall, from where Jonas was abducted, told police that Burgos was dragged by the suspects to a maroon Toyota Revo with plate number TAB 194, as Burgos shouted for help. May 2, 2007 The Burgos family files a missing person complaint with the Phillipine National Police (PNP). May 4, 2007 In an investigation by the Philippine National Police (PNP), and through the efforts of the family, the license plate number was traced to a vehicle that was in the custody of the 56th Infantry Battalion of the Armed Forces of the Philippines in Bulacan that was impounded from illegal loggers on June 24, 2006. Senior Supt. Joel Coronel, who led the police investigation, was relieved from his post shortly after he traced the vehicle in Burgos’s abduction to the Army.
    [Show full text]
  • Canada at of Island Is Futile
    JUNE 2015 L ittleManilaConfidential . .VICTORIA CUP 2015 Basketball Games 9 years and still going strong China says SEE NATALIE Philippine RAMOS and other beauties compete for the crown of occupation Miss Philippines Canada at of island is futile BEIJING - China rebuked the Philippines on Tuesday for taking journalists to a disputed island in the South China Sea, dismissing its occupation as on June 27 METRO TORONTO “futile and illegal” in the latest war of words between CONVENTION CENTRE the two sides. China claims 90 percent of the South China Sea, which is believed to be rich in oil and gas. Its SEE PAGE 15 FOR DETAILS claims overlap with those of Brunei, Malaysia, the Philippines, Vietnam and Taiwan. The Philippines took foreign and local journalists this week to Thitu Island, the biggest island occupied by Manila in the region. Thitu Island, which is known locally as Pagasa, or “Hope” island, is 280 nautical miles from the Philippines and the biggest island occupied by Manila in the contested region. PHILIPPINE continued on page 21 WATCH HEART EVANGELISTA THE FILIPINO CENTRE & BETONG SUMAYA presents in TORONTO at PINOY FIESTA June 27 at the METRO TORONTO CONVENTION CENTRE MORE DETAILS ON PAGE 15 Danica Ann Flores competes in Little Miss Philippines. Pistahan sa ‘Pagpag’ skews survey People eating food thrown away makes hunger figures look better Toronto 2015 June 13 & 14 at Nathan MANILA - A labor group downplayed the results of a “We would like to attribute this development to the pro- survey by the group Social Weather Stations saying the liferation of “pagpag” food— very cheap, very delicious and Phillips Square will have number of people experiencing hunger had declined, saying easily accessible to the poor,” said Trade Union Congress of that was due to the proliferation of “pagpag” food that is the Philippines-Nagkaisa spokesman Alan Tanjusay.
    [Show full text]
  • Philippines 2013 Human Rights Report
    PHILIPPINES 2013 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Philippines is a multi-party, constitutional republic with a bicameral legislature. President Benigno S. Aquino III, elected in 2010, began the fourth year of his constitutionally limited six-year term. The May 13 mid-term national elections and October 28 village council elections were generally free and fair, but independent observers noted that vote buying was widespread. Dynastic political families continued to monopolize elective offices at the national and local level. Authorities failed at times to maintain effective control over the security forces. Security forces committed human rights abuses. The most significant human rights problems continued to be extrajudicial killings and enforced disappearances undertaken by security forces; a dysfunctional criminal justice system notable for poor cooperation between police and investigators, few prosecutions, and lengthy procedural delays; and widespread official corruption and abuse of power. Other human rights problems included the following: allegations of prisoner/detainee torture and abuse by security forces; violence and harassment against human rights activists by local security forces; disappearances; warrantless arrests; lengthy pretrial detentions; overcrowded and inadequate prison conditions; killings and harassment of journalists; internally displaced persons (IDPs); violence against women; abuse and sexual exploitation of children; trafficking in persons; limited access to facilities for persons with disabilities; lack of full integration of indigenous people; absence of law and policy to protect persons from discrimination based on sexual orientation and gender identity; suspected vigilante killings; child labor; and ineffective enforcement of worker rights. The government continued to investigate and prosecute only a limited number of reported human rights abuses, and concerns about impunity persisted.
    [Show full text]
  • Introduction 2017, Jakarta, 1 September 2016
    CONFERENCE PROCEEDINGS 2ND INTERNATIONAL CONFERENCE NATIONAL HUMAN RIGHTS INSTITUTIONS IN SOUTHEAST ASIA 13-14 JULY 2017 BANGKOK THAILAND CONFERENCE PROCEEDINGS 2nd INTERNATIONAL CONFERENCE NATIONAL HUMAN RIGHTS INSTITUTION IN SOUTHEAST ASIA 13-14 July 2017 Bangkok Thailand 1 Introduction As independent, state-funded bodies with broad, internationally-endorsed mandates to protect and promote human rights, National Human Rights Institutions (NHRIs) serve as a vital bridge between the government and civil society, and play a distinct role in ensuring the effective implementation of international human rights standards at the national level. However, in Southeast Asia, NHRIs find themselves established in transitional or repressive regimes, posing unique obstacles to the promulgation of their mandate. The capacity to investigate human rights violations, to conduct national inquiries or public hearings and to secure remedies for human rights victims of NHRIs in the region of Southeast Asia are often not satisfactory. To address the potentials, challenges and opportunities of NHRIs in the Southeast Asia Region, Asia Centre in collaboration with ASEAN-China International Studies Program, the Lutheran World Federation and with the support from the Taiwan Foundation for Democracy convened the Centre’s 2nd International Conference on “National Human Rights Institutions in Southeast Asia: Challenges of Protection”. It was held at the Centre’s premises in Bangkok, Thailand on 13 and 14 July 2017. Over the course of two days and nine panels, the conference assembled over 29 presenters and 44 participants from across the ASEAN, New Zealand, Nepal, India, the U.S. and the U.K. Two of the six Southeast Asian NHRIs—the Myanmar National Human Rights Commission (MNHRC) and Indonesia National Commission on Human Rights (Komnas HAM)—were in attendance along with a representative from the New Zealand National Human Rights Commission.
    [Show full text]
  • Journal of Judicial Review ISSN : 1907-6479 Vol.XVIII No.1 1 Juni 2016
    Journal Of Judicial Review ISSN : 1907-6479 Vol.XVIII No.1 1 Juni 2016 ANALISIS PENUNDAAN HUKUMAN MATI MARY JANE FIESTA VELOSO ATAS PENYALAHGUNAAN NARKOTIKA Rina Shahriyani Shahrullah Hikari Macca Masa Gumay Abstract The purpose of this study is to juridically analyze the law policy of the execution of death penalty for foreign nationals in the case of drugs misuse in Indonesia in the case of Mary Jane Fiesta Veloso. This research is based on laws and regulations regarding to the case to know about the legal proceedings of the case of Mary Jane Fiesta Veloso from the very first trial to the end of the proceedings, about the demand of the Phillipines government for the postponement of the execution of death penalty for on three research questions, the first one is about legal proceedings of Mary Jane Fiesta her, and the solution of the case after the postponement of the execution of death penalty. The methodology of this research is a normative legal research. The data used in the form of secondary data. Performed with data mining literature (library research). Once all the data is collected, the data is then processed and analyzed. The qualitative method was used to group the data point by the studied aspects. Further conclusions drawn related to this study, then described descriptively. Based on the result of this study, the writer obtained the results based Veloso in Indonesia, the second one is about the demand of the Phillipines' government for the postponement of the execution of death penalty for Mary Jane Fiesta Veloso, and the third one is about the solution of the case after the postponement of the execution of death penalty.
    [Show full text]
  • Special Proceedings Case Digest
    Remedial Law - Special Proceedings Case Digest DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW LIST OF CASES Special Proceedings A. Special Proceedings I. Definition II. Distinguished from a civil action III. What are the special proceedings: other special proceedings IV. What governs special proceedings B. Settlement of Estate of Deceased Persons I. Venue and Jurisdiction (Rule 73) a. Extent of jurisdiction of probate court b. Powers and duties of probate court II. Kinds of Settlement a. Extrajudicial (Rule 74) 1. Extrajudicial settlement by agreement between the parties, when allowed 2. Affidavit of Self-adjudication by sole heir a. Two-year prescriptive period for creditors to file claim b. Remedies of aggrieved parties after extrajudicial settlement of estate b. Judicial 1. Summary settlement of estate of small value, when allowed (Rule 74) 2. By petition a. Intestate i. Petition for letters of Administration (Rule 78) b. Testate i. Petition for Allowance of Will and Letters Testamentary (Rules 75-79) ii. Petition for Allowance of Will and for Letters of Administration with Will Annexed (Rules 75-79) 3. By Action for Partition (Rule 69) III. Production and Probate of Will (Rule 75) a. Nature of Probate Proceeding; reason for necessity of probate b. Who are required to produce Will IV. Allowance or Disallowance of Will (Rule 76) a. Contents of petition for allowance of Will b. Who may petition for probate/allowance of Will c. Persons entitled to notice d. Proof needed for allowance of Will e. Grounds for disallowing Will f. Reprobate (Rule 77) 1.
    [Show full text]