Guilty until proven innocent: A study on the constitutionality of civil forfeiture without prior criminal charge
Date of Publication
2015
Document Type
Bachelor's Thesis
Degree Name
Bachelor of Science in Legal Management
Subject Categories
Civil Law | Property Law and Real Estate
College
Ramon V. Del Rosario College of Business
Department/Unit
Commercial Law
Thesis Adviser
Christopher E. Cruz
Defense Panel Chair
Edward P. Chico
Defense Panel Member
Lily Ann M. Padaen
Michael David B. Azucena
Abstract/Summary
This research will look into, and then seek to resolve the constitutional conflicts in the Rules on Civil Forfeiture (Sec 27 and 28), allowing a proceeding for civil forfeiture to prosper without prior criminal charge or conviction of an individual, allegedly possessing ill-gotten wealth.
As it is believed that a civil forfeiture proceeding is intimately connected with a criminal proceeding convicting the possessor of ill-gotten wealth with a crime (e.g. money laundering), it will be anchored on the right of the accused, as granted by the 1987 Philippine Constitution, stating that a person should be assured due process of law and declaring that one should be deemed innocent until proven guilty. It will also make use of principles and theories related to legal philosophy in order to facilitate further discussions on whether justice is properly administered through the present practice of civil forfeiture.
In order to provide a deeper insight into the constitutionality of civil forfeiture, the study will first look into the original intent of forfeiture-related laws by tracing its roots through existing Philippine laws and jurisprudence. Also, it will clarify the difference between civil forfeiture and related legal terms, such as preliminary injunction and preliminary attachment. It will then review the concepts of forfeiture as discussed in journals, and studies conducted prior. Discussions of these concepts will have a simultaneous discourse on selected schools of thought in legal philosophy.
Finally, this study seeks to understand civil forfeiture through seeing how it has evolved over time, and how it has responded to the call of justice in the changing times.
Abstract Format
html
Language
English
Format
Accession Number
TU19333
Shelf Location
Archives, The Learning Commons, 12F, Henry Sy Sr. Hall
Physical Description
69 leaves, illustrations, 29 cm.
Keywords
Forfeiture--Philippines
Recommended Citation
Fernandez, J. R., & Plantilla, I. C. (2015). Guilty until proven innocent: A study on the constitutionality of civil forfeiture without prior criminal charge. Retrieved from https://animorepository.dlsu.edu.ph/etd_bachelors/5612
Embargo Period
5-6-2021