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In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
Court: Supreme Court of the Philippines en banc: Full case name; Jose Jesus M. Disini, Jr., Rowena S. Disini, Lianne Ivy P. Medina, Janette Toral and Ernesto Sonido, Jr., vs. the Secretary of Justice, the Secretary of the Department of the Interior and Local Government, the Executive Director of the Information and Communications Technology Office, the Chief of the Philippine National Police ...
"Extraordinary claims require extraordinary evidence" (sometimes shortened to ECREE), [1] also known as the Sagan standard, is an aphorism popularized by science communicator Carl Sagan. He used the phrase in his 1979 book Broca's Brain and the 1980 television program Cosmos .
The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. [1] The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
The burden of proof then falls on the prosecution to produce evidence to support their position. In such a case, a legal burden will always rest on the prosecution to prove beyond reasonable doubt that the defendant was not acting in self-defence. A legal burden is determined by substantive law, rests upon one party and never shifts. [5]
Indeed, this is the only way the term is used in law professor Ernesto C. Salao's [note 2] widely cited 858-page book The 1987 Constitution of the Republic of the Philippines (2001 ed.). [25] It has come to be understood that it can be used in extraordinary cases to unseat judicial appointees, and impeachable officials, not only to challenge ...
A case brought under administrative law in the form of a quasi-judicial proceeding by an agency of a non-judicial branch of government, or, the Office of the Court Administrator. Normally, such cases are internal disciplinary matters—court cases criminal and civil can be brought alongside them if warranted. academic N/A: English
Philippine extrajudicial killings are politically motivated murders committed by government officers, punished by local and international law or convention.They include assassinations; deaths due to strafing or indiscriminate firing; massacre; summary execution is done if the victim becomes passive before the moment of death (i.e., abduction leading to death); assassination means forthwith or ...