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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It is patent that respondent Judge knew actually of the existence at least of the report of seizure of June 30,which is six days prior to his order of dismissal dated July 6, 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.
Here there is no such inconsistency. Provided, that in cities or provinces where there are Let and Domestic Relations Courts, the said courts shall take exclusive cognizance of cases where the offenders are under sixteen years of age. L which involve the same legal issue, nk office maintains that respondent Judge has no authority to conduct a preliminary investigation of criminal cases which he may try and decide under Republic Act No.
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.
Ley Nº 27406 – Modifica la Ley Nº 27037, Ley de promoción de la inversión en la Amazonía.
Pero yo creo que ninguno de los miembros de esta Asamblea vera que mi enmienda no responde a una razon fundamental y a una necesidad que se ha sentido en la practica.
I believe it is safer to hold that jurisdiction to act on any given matter may be granted only by statute or legislative enactment, for the simple reason that jurisdiction is substantive and not adjective in nature.
The Supreme Court in denying such contention, held that np was no need of including justices of the peace in the enumeration in said section because the legislature had availed itself of the more generic term “judge.
On the day set, petitioners appeared at the sala of respondent Judge who proceeded to conduct a 270037 investigation of the np. As opined by Mr. He should have anticipated that a warrant of seizure and detention will logically be issued as in fact it was issued on July 9,because it was the petitioner Collector of Customs who filed the criminal complaint directly with him on July 1, Justice Barredo in his concurring opinion in the Gutierrez case, supra.
The possibility that the administration of criminal justice stand still will not be very remote. I am certain no Criminal Court Judge will dare deviate from the “policy” announced in the main opinion, which, of course, I say is the policy of Republic Act itself.
Even then, however, he should for sound policy reasons curb any eagerness or propensity to make use of such competence. The main opinion assumes the correctness of the generally prevailing impression that courts of first instance continue to possess the jurisdiction to conduct preliminary investigations.
L, Collector of Customs, etc. Where the preliminary investigation is conducted by a prosecuting officer and a prima facie case is established, the corresponding information shall be filed in court within twenty-four 24 hours from the termination of the investigation. Prudence should have counselled him, so as not to frustrate the petitioner Collector of Customs in enforcing the tariff and customs laws, against ordering the release of the seized articles without first ascertaining from the petitioner Collector of Customs whether the latter intended to institute or had instituted seizure proceedings.
This significant fact should further dissuade him from actively conducting the preliminary investigation of criminal cases directly filed with him. But the Constitution empowers the National to grant the power to issue search warrants or warrants of arrest after conducting the necessary preliminary examination to “other responsible officer.
The determination of this “probable cause” is the sole object of preliminary examination and investigation by Sections 13 and 14 Rule of the Revised Rules of Court. Moreover, if the theory of the majority is to be pursued to its logical conclusion, then 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.
But the Constitution empowers the National Assembly to grant the power to issue search warrants or warrants of arrest after conducting the necessary preliminary examination to “other responsible officer.
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Santos endorsed the records of the case back to respondent Judge, because “. Manantan, 5 SCRA Justice Barredo in his Concurring Opinion in People v. As to his competence regarding a preliminary investigation, it is my understanding that the question has been left open. But as I will demonstrate anon, I sense nl kind of non sequitur here.
Kayanan, 29 SCRA It is of course basic that only the Constitution and the law can confer jurisdiction to hear and decide certain cases. Such being the admitted purpose, the power to conduct preliminary examination must necessarily attach to the duties of a Circuit Criminal Court Judge; for aside from being one of the instruments by which a case may be accelerated and disposed of, it is a duty which truly lies within the scope of the office, essential to the accomplishment of the main purpose 270337 which leu office was created Sec.
See 4 Moran, Rules of Court, p. President and Gentlemen of the Convention: This provision was a reiteration of the previous election laws Act No. Preliminary examination and investigation by provincial or city fiscal or by state attorney in cases cognizable by the Court of First Instance.
LEY DE PROMOCIÓN E INVERSIÓN DE L
This is readily implied Section 3 of the Act which says: Debt Kollect Company, Inc. Reyes, emphasized the reason therefor thus: The Constitution of and vest in the judge the power to issue a warrant of arrest or search warrant after conducting a preliminary examinations. The justice of the peace of a capital or of a municipality in which the provincial jail is located, when directed by an order from the judge of First Instance, shall have jurisdiction to conduct investigation at the expense of the municipality wherein the 27307 or offense was committed, although alleged to have been committed anywhere within the province, to issue orders of arrest.
Deportation Board L, Sept.