Searched and seized evidence in Maguindanao: Admissible or inadmissible?
Date of Publication
2011
Document Type
Bachelor's Thesis
Degree Name
Bachelor of Science in Commerce Major in Legal Management
Subject Categories
Commercial Law
College
Ramon V. Del Rosario College of Business
Department/Unit
Commercial Law
Thesis Adviser
Mark Kristopher G. Tolentino
Defense Panel Member
Hilario S.Caraan,
James Keith Heffron
Abstract/Summary
On November 23, 2009, the lives of 57 innocent people were taken due to the political rivalry of two clans, Ampatuans and Mangudadatus, for a gubernatorial position. Due to this, two cases, rebellion case and multiple murder case, were filed against the Ampatuans and their allies, which cases are pending and yet to be resolved in court. Hence, it is important to discuss the issue on the admissibility of evidence obtained by the military, during their search and seizure operation when the province of Maguindanao was placed under martial law.
This research aims to provide a detailed discussion on how materials would either be considered as admissible in court.
This research was done using the provisions laid down in the Constitution, which led to the discussion of the search and seizure clause, the exceptions to the rule on search and seizure, the exclusionary rule, and the fruit of the poisonous tree doctrine. Also, the researchers provided some claims that the State may raise with regard to the issue on the admissibility of evidence and attempted to refute these claims.
Basing of the facts and laws provided in the Constitution, it was found that the firearms and ammunition found in the possession of the Ampatuans are in fact inadmissible as evidence in court.
Abstract Format
html
Language
English
Format
Accession Number
TU19615
Shelf Location
Archives, The Learning Commons, 12F, Henry Sy Sr. Hall
Physical Description
97 leaves : illustrations
Recommended Citation
Gementiza, S. L., & Molaer, A. D. (2011). Searched and seized evidence in Maguindanao: Admissible or inadmissible?. Retrieved from https://animorepository.dlsu.edu.ph/etd_bachelors/17797