Reports of Cases Determined in the Supreme Court of the Philippine Islands Volume 1

Reports of Cases Determined in the Supreme Court of the Philippine Islands Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ... that a new information be filed charging the latter offense. It is true that the record contains no data upon which Eduardo Llanera can be held responsible as an accessory to the homicide in question. It is, however, unquestionable that Pedro Ureta, who was the local president of the tovn of (Jabiao at the time the crime was committed, has incurred criminal liability. Abusing his public ofiice, he refused to prosecute the crime of homicide and those guilty thereof, and thus made it possible for them to escape, as the defendant Pedro Lising did in fact. This fact is sufficiently demonstrated in the record, and he has been unable to explain his conduct in refusing to make an-investigation of this serious occurrence, of which com plaint was made to him, and consequently he should suffer a penalty two degrees inferior to that designated by paragraph 2 of article 405 of the Code, by virtue of article 68 thereof..With respect to the motion of the counsel for the defendants that the case be dismissed on the ground that hi clients are entitled '00 the benefits of the amnesty proclamation of July 4, 1902, in view of the fact that these defendants did not take part in any way in the late insurrection to which the amnesty refers, and of the further fact that the record does not disclose suificient evidence that the homicide in question was the result of a political hatred or of political dissensions between Filipinos, we are of the opinion that the application for amnesty can not be granted. For the reasons stated, therefore, the motion for the dismissal of the case and the application of the amnesty proclamation of July 4 in favor of the defendant is hereby overruled. The judgment of the "court below is reversed, and the ofi'ense being...
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Product details

  • Paperback | 326 pages
  • 189 x 246 x 17mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236834615
  • 9781236834614