Clients offered to testify for the TAYLORS
We would like to thank all those who offered that they will be standing as witnesses for the TAYLOR's on what we only do and that we are not a recruitment agency. For those who are also willing you can still send emails to us stating your intention on helping us. We will be in contact with you as soon as we recieved your emails for more instruction.
We thank you all in advance for helping us in this straggle.
UPDATES
We do apologise for not answering all the calls and email for a week as we need to attend for the preparation of the defence of the TAYLORS and its staff. We will be in contact with your inquiries soon. This should not cause any panic to all the clients of TAYLORS and on the TAYLORS UPDATES AND INFO... we have specifically gave you the options on what to do with your documents and your status.
RE: REFUND
Please be aware that as soon as no decision yet from the court the TAYLORS are not going to process any refund, we apologised for the inconvinience but we need everyone to understand that there are some court procedings we have to follow. However, we guarantee all the clients that the REFUNDS of those who have emailed us and sent their OFFICIAL RECIEPTS will be given same as those who would like to get their documents...but bare in mind that we cannot furnished everything right now! We need to wait for the courts decisions. This is as well to inform that even you call us or MRS CHARLENE TAYLOR she cannot give any refunds now or any documents as of the moment. But rest assured that all the request will be provided soon.
WARNING
Those who kept on sending threats TO MRS TAYLOR and as well as visiting the website, please be aware that all the IP addresses are logged and we are closely monitoring those who are intention is to cause panic to the clients and threats. We already gathered evidences against those who have been doing these same as those who had hacked the email address of taylors_visa@yahoo.com and making fake advertisements about the TAYLORS. We have also reported the celphone numbers of those who have been sending texted messages to the clients giving false information about the company.
Again, there are groups of individual who have been doing this to the company and started the blackmail to the TAYLORS...the law will soon haunt YOU and we guarantee that you will be liable to all this. This website is provided to the clients for the updates and info they need. Anyone whose intention is to destroy the company WILL BE LIABLE TO ALL COURT ACTIONS THAT THE TAYLORS HAVE BEEN PREPARING AND COUNTER DEMANDS. YOU MUST BE AWARE THAT TAYLORS IS A LEGITIMATE COMPANY AND IS BY THE LAW CAN FILE DAMAGES AGAINST ANYONE WHO INTENTIONALLY DESTROYING THE REPUTATION OF THE TAYLORS.
FOR REFFENCE (Understanding the LAW)
HOUSE BILL 3581 (Rights of the accused, arrested or persons under custodial investigation)
HB 3581, also filed by the Akbayan lawmakers, provides for the rights of the accused and persons under investigation for the commission of a crime.
In a meeting of the Committee last week, Rep. Rosales emphasized thatthe passion of the victims, the eagerness of law enforcers plus the media altogether damage the integrity of the persons accused even before they are proven guilty of their offenses.
She added that the media should share the social responsibility of upholding the rights of the accused, noting that some TV news reports show the victims or their relatives hurling invectives at or inflicting harm upon the suspects to the enjoyment of the viewers.
In these cases, she continued, the viewers tend to empathize with the victims and quickly condemn the suspect even if the latter has not yet stood on trial.
It is trial by publicity, Rep. Abayon stated, where the public becomes the judge that passes upon the guilt of the suspect. This is one reason why the accused should not be displayed until after their cases are heard by the court, he added.
The prevalence of a wrongful accusation is likewise alarming, he added, as he cited the case of Acsa Ramirez, the whistleblower of alleged money laundering acts, who the NBI presented initially in the media as a suspect.
Rep. Aguja pointed out that the arrest of an accused could still be made public without presenting or displaying him or her in full media coverage.
The four measures gained full support from several agencies particularly the Department of National Defense (DND), Armed Forces of the Philippines (AFP), Philippine National Police (PNP), and National Bureau of Investigation (NBI), which are, ironically, the very agencies alluded to by the authors as the most predisposed to present alleged offenders to the media.
Even as the PNP manifested its support to the bills, PNP Director Marcelo Ele Jr. made an effort to clarify that the police, in presenting suspects before the media, adhere to international humanitarian laws and ensure that substantial evidence had been gathered beforehand.
He explained that the presentation of suspects to the media, especially those arrested in connection with sensational and heinous crimes, is “a positive activity (meant) to inform and assuage fears and insecurity among the citizenry.
In this manner, other victims are similarly encouraged to come forward to bolster the cases filed against the suspects, he added.
Although not directly engaged in law enforcement as its functions are limited to the suppression of insurgency and other threats to national security, the DND fully supports the bill, said lawyer Norman Daanoy.
He, however, suggested that the word degrading be operationally defined in the bill. He was referring to the prohibition from displaying suspects in public in a degrading manner.
Commenting on the issue of media responsibility, lawyer Nestor Mantaring of the NBI affirmed that person's right to life and liberty is paramount than (the public) right to information.
In agreement, Rep. Rosales averred that media's responsibility and role in the conduct of information gathering and interview should also be checked so as not to undermine the investigation.
To ensure the protection of the rights of the accused and in order not to get in the way of the investigation, Mantaring suggested that the media first seek the permission of the suspect's counsel as well as that of the arresting agency prior to making a report or interview.
Moreover, Philippine Alliance of Human Rights Advocates (PAHRA) Secretary General Renato Magbunga strongly recommended the creation of an impartial monitoring committee that shall oversee the compliance of law enforcement agencies with the proposed law.
Along this line, the Chair manifested that the Presidential Commission on Human Rights (PCHR) should take the lead.
Sec. 2. Rights of Persons Arrested, Detained or under Custodial Investigation; Duties of Public Officers. - (a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fiance or fiancee, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
As used this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law.
Sec. 3. Assisting Counsel. - Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation or those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees:
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave of grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That the Municipal of City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.
Sec. 4. Penalty Clause. - (a) Any arresting public officer of employee, or any investigating officer, who fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a officer or employee or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.
(b) Any person who obstruct, persons or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, of from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape.
Sec. 5. Repealing Clause. - Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly.
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily newspapers of general circulation in the Philippines.
Republic Act No. 7309
AN ACT CREATING A BOARD OF CLAIMS UNDER THE DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST IMPRISONMENT OR DETENTION AND VICTIMS OF VIOLENT CRIMES AND FOR OTHER PURPOSES.
REPUBLIC ACT NO. 7309
AN ACT CREATING A BOARD OF CLAIMS UNDER THE DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST IMPRISONMENT OR DETENTION AND VICTIMS OF VIOLENT CRIMES AND FOR OTHER PURPOSES.
Section 1. Creation and Composition of the Board. - There is hereby created a Board of Claims under the Department of Justice, hereinafter referred to as the Board, to be composed of one (1) chairman and two (2) members to be appointed by the Secretary of the said department.chan robles virtual law library
Section 2. Powers and Functions of the Board. - The Board shall have the following powers and functions:
(b) to conduct an independent administrative hearing and resolve application for claims, grant or deny the same;
(c) to deputize appropriate government agencies in order to effectively implement its functions; and
(d) to promulgate rules and regulations in order to carry out the objectives of this Act.
(b) any person who was unjustly detained and released without being charged;
(c) any victim of arbitrary or illegal detention by the authorities as defined in the Revised Penal Code under a final judgment of the court; and
(d) any person who is a victim of violent crimes. For purposes of this Act, violent crimes shall include rape and shall likewise refer to offenses committed with malice which resulted in death or serious physical and/or psychological injuries, permanent incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelly or barbarity.
In all other cases, the maximum amount for which the Board may approve a claim shall not exceed Ten thousand pesos (P10,000.00) or the amount necessary to reimburse the claimant the expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to injury, whichever is lower. This is without prejudice to the right of the claimant to seek other remedies under existing laws.
Section 5. When to File Claims. - Any person entitled to compensation under this Act must, within six (6) months after being released from imprisonment or detention, or from the date the victim suffered damage or injury, file his claim with the Department, otherwise, he is deemed to have waived the same. Except as provided for in this Act, no waiver of claim whatsoever is valid.chan robles virtual law library
Section 6. Filing of Claims by Heirs. - In case of death or incapacity of any person entitled to any award under this Act, the claim may be filed by his heirs, in the following order: by his surviving spouse, children, natural parents, brother and/or sister.
Section 7. Resolution of Claims. - The Board shall resolve the claim within thirty (30) working days after filing of the application.
The Board shall adopt an expeditious and inexpensive procedure for the claimants to follow in order to secure their claims under this Act.
Section 8. Appeal. - Any aggrieved claimant may appeal, within fifteen (15) days from receipt of the resolution of the Board, to the Secretary of Justice whose decision shall be final and executory.
Section 9. Funding. - For purposes of this Act, the initial amount of Ten million pesos (P10,000,000.00) is hereby authorized to be appropriated from the funds of the National Treasury not otherwise appropriated.
The subsequent annual funding shall also partly come from one percent (1%) of the net income of the Philippine Amusement and Gaming Corporation and one percent (1%) of the proceeds and sales and other disposition and military camps in Metro Manila by the Bases Conversion and Development Authority.chan robles virtual law library
The proceeds from any contract relating to the depiction of a crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment, of any kind, or in any other form of commercial exploitation of any convict's story, recollection, opinion and emotions with regard to the offense committed shall not be released to convict in a criminal case or his heirs, agents, assignees or successors-in-interest until full compensation for damages suffered by or awarded to, the victim, his heirs or successors-in-interest is paid or arranged for, and the state is able to collect/assess fines and costs and any other amounts due it in case of a conviction by final judgment. Such damages shall include, but shall not be limited to, judicial awards, funeral expenses, medical expenses, lost earning and the like.
To ensure the continuity of the funding requirements under this Act, the amount of Five pesos (P5.00) shall be set aside from each filing fee in every civil case filed with the court, the total proceeds of which shall constitute the Victim Compensation Fund to be administered by the Department of Justice.
Section 10. Repealing Clause. - All laws, executive orders and executive issuances inconsistent with this Act are hereby deemed repealed or modified accordingly.chan robles virtual law library
Section 11. Separability Clause. - If, for any reason, any section or provision of this Act shall be declared unconstitutional or invalid, no other section or provision shall be affected thereby.
refference: Chan Robles Virtual Library
LEGAL NOTES: Warrantless Arrest
The pertinent provisions of Rule 113 of the Rules on Criminal Procedure on warrantless arrest provide:
Sec. 5. Arrest without warrant; when lawful. - A peace officer or a private person may, without a warrant, arrest a person:
a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and
c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
Section 5, above, provides three (3) instances when warrantless arrest may be lawfully effected: (a) arrest of a suspect in flagrante delicto; (b) arrest of a suspect where, based on personal knowledge of the arresting officer, there is probable cause that said suspect was the author of a crime which had just been committed; (c) arrest of a prisoner who has escaped from custody serving final judgment or temporarily confined while his case is pending.
For a warrantless arrest of an accused caught in flagrante delicto under paragraph (a) of Section 5 to be valid, two requisites must concur: (1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the arresting officer.
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