Como requisito básico para el acogimiento a los beneficios tributarios establecidos de conformidad con la ley N ,las empresas deben. Clause 21 21st. , Ley General de Industrias, which meet the requirements established in the 11th paragraph of Article of this Law, to benefit. , Ley General de lndustrias, which meet the requirements established in the 11th paragraph of Article of this Law, Section Third.
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Such being the case, the leu rule of statutory construction is that to the effect that when scattered statutes and provisions relative to the same subject matter are embodied subsequently in a single comprehensive legislation, any particular provision incorporated therein and germane to the main subject matter is deemed to be repealed.
Ley Nº – Modifica la Ley Nº , Ley de promoción de la inversión en la Amazonía.
The respondent Judge seriously erred in so issuing said order, contravening as it does a basic legal principle on double jeopardy, and committing thereby a grave abuse of discretion. Besides, why did not Republic Act which was approved on the same le as Republic Actmention preliminary investigation mo Circuit Criminal Courts, just as the other later law, Republic Actcited in the main opinion expressly treated and referred to said courts separately from the Courts of First Instance and Domestic Relations Courts, if really Congress n to confer the power in issue on them?
The respondent is hereby ordered to post a bond in the amount of P5, But, certainly, during the investigation, it is not indispensable that the alien be arrested. Esta convencion, creo, se habra fijado que en dicha Orden General Num.
High-yield oil palm expansion spares land at the expense of forests in the Peruvian Amazon
Jurisdiction of the court, however, is determined not only by nature of the offense charged in the information, but also by the penalty imposable thereto.
L, L, L and L, which arose after January 17, For the enforcement of such order would virtually deprive herein petitioner Collector of Customs of the evidence indispensable to a successful prosecution of the case against the private Respondent.
L which involve the same legal issue, his office maintains mo respondent Judge has no authority to conduct a preliminary investigation of criminal cases which he may try and decide under Republic Act No. Such, for example, would be a warrant of arrest of to carry out a final order of deportation, or to effect compliance of an order of contempt.
Ley Nº 27759 – Modifica la Ley Nº 27037, Ley de promoción de la inversión en la Amazonía.
But, as if to make it more patent that it is better that the investigation undertaken by another authority, Presidential Decree amended the above provision as follows: Feliciano, 13 SCRA In cases triable only in the Court of First instance the defendant shall not be entitled as of right to a preliminary examination in any case where the fiscal of the city, after a due investigation of the facts, shall have presented an information against him in proper form.
This significant fact should further dissuade him from actively conducting the preliminary investigation of criminal cases directly filed with him. X, Constitution as a matter of policy, WE enjoin the respondent Judge and other Circuit Criminal Court Judges to concentrate on hearing and deciding criminal cases filed before their courts see Mateo v. The amendment was intended to be a remedy for the evils pointed out in the debates, caused by the issuance of search warrants, many of which were in blank, upon mere affidavits on facts most of which were generally found afterwards to be false” Aruego, Framing of the Philippine Constitution, Vol.
Way back inin the case of People v.
Gutierrez, supra, “It is not enough that a Judge trusts himself or can be trusted as capable of acting in good faith, it is equally important that no circumstance attendant to the proceedings should mar that quality of trustworthiness.
On the whole then, especially so where reference is made to our previous decisions, there is no impediment to bo concurrence.
If the theory of the majority is to be pursued to its logical conclusion, n the jurisdiction of judges in the matter in issue cannot but be exclusive, for the Constitution mentions no other officer who may issue warrants of arrest. It is clear that both the Manila Court of First Instance and municipal court can conduct a preliminary hearing or examination.
Petitioner, on January 22,filed a motion praying that the instant case be consolidated and decided jointly with G. The Court remarked in said case: The General Order, or the Code of Criminal Procedure, now provides that the judge, before issuing a search warrant, must examine the complainant and his witnesses and that he must take their depositions in writing. Counsel for petitioners then asked for time to raise the issue before this Court, which respondent Judge granted by giving petitioners a period of just one 1 day to seek relief from this Tribunal.
Los abogados que estamos en el ejercicio de la profesion hemos visto muchas veces casos en que agentes secretos consiguen mandamientos de registro solamente mediante la presentacion de un affidavit que reune los requisitos de la Ley.
It should be one on the basis of that very policy of the law itself informed in public interest that this Court should construe the statutory provision here in issue. Except for the Solicitor General who appeared for The People of the Philippines, respondents in answer, frontally met the averments of petitioner.
Furthermore, in People versus Manantan L, July 31,5 SCRAa justice of the peace, Accused of violating Section 54 of the Revised Election Code, moved to dismiss the information on the ground that the law refers merely to a justice, judge, or fiscal and that being a justice of the peace, he is beyond the coverage of the said Code.
LEY DE PROMOCIÓN E INVERSIÓN DE L
The theory is that under the Constitution, warrants of arrests may be issued only by judges under the Constitutionand since before doing so, they must examine the complainant and his witnesses under oath, ergo, judgesand I presume that would mean all judges, are constitutionally vested with jurisdiction to conduct preliminary examinations, if not investigations.
On May 22,investigating Fiscal Teodoro B. Circuit Criminal Judges therefore, should not encumber themselves with the preliminary examination and investigation of criminal complaints, which they should refer to the municipal judge or provincial or city fiscal, who in turn can utilize the assistance of the state prosecutor to conduct such preliminary examination and investigation.
I maintain that consonant with the need to make of the Circuit Criminal Courts the courts of special and limited jurisdiction designed to attend with utmost expeditiousness to the cases assigned to them, as undoubtedly the law intends them to be, Section 1 of the Act should be construed, even in case of doubt in the sense not only that the jurisdiction of said courts is limited to the cases which they may take cognizance of, but also in that any other work not strictly part of the functions to “try and decide” said cases, is not contemplated to be performed by them.
Which is but logical, as otherwise, of what use is the integration? L, L, L and L as they involve the same issue; and that the memoranda filed for petitioners in said four cases be reproduced and adopted as the memorandum for petitioner in this case, which should be deemed submitted for decision together with the aforementioned cases pp.
It is well that it is so. If the preliminary investigation is conducted by a judge and a prima facie case is found to exist, the corresponding information shall be filed by the proper prosecuting officer within forty-eight 48 hours from the date of receipt of the records of the case.
The existing laws on pleading, practice, and procedure are hereby repealed as statutes, and are declared Rules of Courts, subject to the power of the Supreme Court to alter and modify the same. As I have already pointed out, that “special and limited jurisdiction” is “try and decide” the cases enumerated, and this power does not have to be accompanied, whether by logical implication or by the reasons behind the organization of the courts, by the authority to conduct preliminary investigations.