Charred body found inside burnt car in Busay, Cebu City

[shadow 18,483]

Ive stayed away from this thread for few days ( actually from linc completely ) , because I was pissed off at myself for responding to a poster when I was so affected emotionally .. for that, I apologise to Wolfpack.

i havent read all the subsequent posts, but skipped through a few .. good to see another friend RBM , who also knows both guys try to bring some sense and order to the thread ..

 

I attended Tims funeral yesterday along with some mates from Toledo, and a good sized contingent , from the Irish pub in Talamban where Tim liked to go when in Cebu , to sink a few, and play bowls ..There was also a wake at Caesars in Toledo last night..

So, for now ..its RIP Tim

Thanks Gus. No apology to Wolfpack was really necessary, he purposely tries to inflame threads on a regular basis, and was eventually banned from this one by a mod. I didn't know Tim, but I do know both you and RBM personally, and know neither of you would lead the forum astray in this matter.

 

RIP Tim, hopefully the truth will prevail.

[JamesMusslewhite 14,476]

if i am not mistaken its been 30 years now and how many presidents have come and gone so changing the laws make by Marcos would be easy i would think

 

Yes your mistaken but is probably my fault as I made a simplistic statement and it seems to have been confusing. These civil rights laws were added to the book due to the infringement of civil rights violations imposed on Filipino citizens by the oppressive Marcos administration. The problem was from what I was told that though these were add with the best intentions, over the proceeding years since their implementation legal wranglings within the courts and certain Supreme Court rulings have cause loopholes which have distorted their original. These loopholes now create a condition where the police literately go into a case with one hand tied behind their backs, all names of witnesses and accusers are public record the day affidavits are signed by witnesses and or complainants  and arrest warrants take two or months to be issued and served. This can be a major advantage to criminals and causes citizens to try to avoid getting involved.

 

Example: If you see a crime being committed but no police witnessed the commuting of the crime and you are in a rural area of the Philippines. If you are a police authority coming onto a crime scene seeking witnesses. If you are a complainant desiring others who witnessed or have knowledge to come forward and give a Statement. Then this is what each will be facing.

 

1.) The names of any complainant or witnesses who sign Affidavits will have their names and statements become public record. This means the suspect(s) lawyer can have open access and disclosure to all those names from day one

 

2. There is an allotted time for the suspect to allowed time to give a legal response to the charges, and then the prosecutors file a response to.the defense response. This takes approximately six weeks. Now during the whole of this six weeks that true criminal has legal access to all the names and their statements of prosecution witnesses. 

 

3. That after this six week legal process, the prosecutor then decides if the case file can be presented before the judge to request an arrest warrant. (two weeks) And if the judge agrees and signs off on an arrest warrant then a draft, proof read, approval, and then final draft is sent before the judge's signature; and then the arrest warrant is filed and sent to the appropriate authorities to serve. (two weeks)

 

all this time the criminal is walking the street and has all the names and statements.

 

As for the investigators?

 

a. all their witnesses, police reports etc are public record

 

b. they have to try to convince further witnesses to try to come forward

 

c. they have extremely restrictive rules which further hinder their ability to question suspects.

 

Sorry but I am not a trained Filipino investigator or lawyer so I really can not offer any more than what I have observed during the proceedings here and can not really speak on how things will be conducted there.

Edited March 23, 2016 by JamesMusslewhite

[+RogerDuMond 15,612]

Yes your mistaken but is probably my fault as I made a simplistic statement and it seems to have been confusing. These civil rights laws were added to the book due to the infringement of civil rights violations imposed on Filipino citizens by the oppressive Marcos administration. The problem was from what I was told that though these were add with the best intentions, over the proceeding years since their implementation legal wranglings within the courts and certain Supreme Court rulings have cause loopholes which have distorted their original. These loopholes now create a condition where the police literately go into a case with one hand tied behind their backs, all names of witnesses and accusers are public record the day affidavits are signed by witnesses and or complainants  and arrest warrants take two or months to be issued and served. This can be a major advantage to criminals and causes citizens to try to avoid getting involved.

 

Example: If you see a crime being committed but no police witnessed the commuting of the crime and you are in a rural area of the Philippines. If you are a police authority coming onto a crime scene seeking witnesses. If you are a complainant desiring others who witnessed or have knowledge to come forward and give a Statement. Then this is what each will be facing.

 

1.) The names of any complainant or witnesses who sign Affidavits will have their names and statements become public record. This means the suspect(s) lawyer can have open access and disclosure to all those names from day one

 

2. There is an allotted time for the suspect to allowed time to give a legal response to the charges, and then the prosecutors file a response to.the defense response. This takes approximately six weeks. Now during the whole of this six weeks that true criminal has legal access to all the names and their statements of prosecution witnesses. 

 

3. That after this six week legal process, the prosecutor then decides if the case file can be presented before the judge to request an arrest warrant. (two weeks) And if the judge agrees and signs off on an arrest warrant then a draft, proof read, approval, and then final draft is sent before the judge's signature; and then the arrest warrant is filed and sent to the appropriate authorities to serve. (two weeks)

 

all this time the criminal is walking the street and has all the names and statements.

 

As for the investigators?

 

a. all their witnesses, police reports etc are public record

 

b. they have to try to convince further witnesses to try to come forward

 

c. they have extremely restrictive rules which further hinder their ability to question suspects.

 

Sorry but I am not a trained Filipino investigator or lawyer so I really can not offer any more than what I have observed during the proceedings here and can not really speak on how things will be conducted there.

 

 

Basically the same here in the province except that once the complaint is signed, an attempt is made to serve the accused with a copy of the complaint. Out here there is very little probability of the accused to have an attorney before they are arrested.

 

If the accused leaves the area, there is little chance that they will be arrested unless they return. There is not a big push for apprehension between jurisdictions.

[woodchopper 2,975]

as a comparison,,what happened in the recent "swiss" murder james knew a bit about,,pls mate? did any country file charges?

Edited March 23, 2016 by woodchopper

[smokey 22,069]

Yes your mistaken but is probably my fault as I made a simplistic statement and it seems to have been confusing. These civil rights laws were added to the book due to the infringement of civil rights violations imposed on Filipino citizens by the oppressive Marcos administration. The problem was from what I was told that though these were add with the best intentions, over the proceeding years since their implementation legal wranglings within the courts and certain Supreme Court rulings have cause loopholes which have distorted their original. These loopholes now create a condition where the police literately go into a case with one hand tied behind their backs, all names of witnesses and accusers are public record the day affidavits are signed by witnesses and or complainants  and arrest warrants take two or months to be issued and served. This can be a major advantage to criminals and causes citizens to try to avoid getting involved.

 

Example: If you see a crime being committed but no police witnessed the commuting of the crime and you are in a rural area of the Philippines. If you are a police authority coming onto a crime scene seeking witnesses. If you are a complainant desiring others who witnessed or have knowledge to come forward and give a Statement. Then this is what each will be facing.

 

1.) The names of any complainant or witnesses who sign Affidavits will have their names and statements become public record. This means the suspect(s) lawyer can have open access and disclosure to all those names from day one

 

2. There is an allotted time for the suspect to allowed time to give a legal response to the charges, and then the prosecutors file a response to.the defense response. This takes approximately six weeks. Now during the whole of this six weeks that true criminal has legal access to all the names and their statements of prosecution witnesses. 

 

3. That after this six week legal process, the prosecutor then decides if the case file can be presented before the judge to request an arrest warrant. (two weeks) And if the judge agrees and signs off on an arrest warrant then a draft, proof read, approval, and then final draft is sent before the judge's signature; and then the arrest warrant is filed and sent to the appropriate authorities to serve. (two weeks)

 

all this time the criminal is walking the street and has all the names and statements.

 

As for the investigators?

 

a. all their witnesses, police reports etc are public record

 

b. they have to try to convince further witnesses to try to come forward

 

c. they have extremely restrictive rules which further hinder their ability to question suspects.

 

Sorry but I am not a trained Filipino investigator or lawyer so I really can not offer any more than what I have observed during the proceedings here and can not really speak on how things will be conducted there.

my wife said she thinks the witness will come forward as soon as the reward is large enough

[JamesMusslewhite 14,476]

as a comparison,,what happened in the recent "swiss" murder james knew a bit about,,pls mate? did any country file charges?

 

We had a forum member living on Siargao Island who chose to remain anonymous and has yet PM me to release his username. I personally believe that he deserves the recognition and rounds bought for him at every expat gathering for life. This member sent me some information which proved to be instrumental when Swiss authorities cane here and worked with the Surigao City and Siargao Island PNP. His information allowed investigators to follow leads which led to their finding witnesses willing to give statements. They then where able to return to Switzerland and secure a signed confession for our infamous 'John Lennon' and yes he has been arrested. I am sorry but that is all I have been allowed by the local Surigao City PNP to report at this time as the case is still in progress. I can say one of the PNP investigators investigating this case is the one who was lead in the Harry Doyle murder case.

 

Score one for Linc because we got one, and will help a Swiss family get justice and hopefully some sense of closure. This young man was murdered way to young and sadly by one of his own countryman which makes it even more tragic.    

[fivestarph 783]

Any further news on this case? seems as if everyone has decided to let it slip..

[woodchopper 2,975]

it seems the same as with all foreigners meeting foul play,,i can think of quite a few matters not mentioned,,

[shadow 18,483]

Any further news on this case? seems as if everyone has decided to let it slip..

And you expected...?

[RFulmer 151]

This is tragic by the sounds although I have not read much about it.

 

It makes me wonder, has there ever been a foreigner murder in Cebu area where the killer got found guilty and sent to jail?

[thebob 18,260]

 

 

It makes me wonder, has there ever been a foreigner murder in Cebu area where the killer got found guilty and sent to jail?

 

Several to my knowledge, the Mayor of Moalboal and his body guard being the most prominent.

[RFulmer 151]

 

 

the Mayor of Moalboal and his body guard being the most prominent.

That's interesting,  I never realized a foreigner could be a major in the Philippines as I thought even talking about politics was off limits.

[thebob 18,260]

 

 

That's interesting,  I never realized a foreigner could be a major in the Philippines as I thought even talking about politics was off limits.

 

No the Mayor was imprisoned for the murder of a foreigner.

[RFulmer 151]

ah Ok,that makes more sense, even more interesting.

Edited April 30, 2016 by RFulmer

[smokey 22,069]

Yes your mistaken but is probably my fault as I made a simplistic statement and it seems to have been confusing. These civil rights laws were added to the book due to the infringement of civil rights violations imposed on Filipino citizens by the oppressive Marcos administration. The problem was from what I was told that though these were add with the best intentions, over the proceeding years since their implementation legal wranglings within the courts and certain Supreme Court rulings have cause loopholes which have distorted their original. These loopholes now create a condition where the police literately go into a case with one hand tied behind their backs, all names of witnesses and accusers are public record the day affidavits are signed by witnesses and or complainants  and arrest warrants take two or months to be issued and served. This can be a major advantage to criminals and causes citizens to try to avoid getting involved.

 

Example: If you see a crime being committed but no police witnessed the commuting of the crime and you are in a rural area of the Philippines. If you are a police authority coming onto a crime scene seeking witnesses. If you are a complainant desiring others who witnessed or have knowledge to come forward and give a Statement. Then this is what each will be facing.

 

1.) The names of any complainant or witnesses who sign Affidavits will have their names and statements become public record. This means the suspect(s) lawyer can have open access and disclosure to all those names from day one

 

2. There is an allotted time for the suspect to allowed time to give a legal response to the charges, and then the prosecutors file a response to.the defense response. This takes approximately six weeks. Now during the whole of this six weeks that true criminal has legal access to all the names and their statements of prosecution witnesses. 

 

3. That after this six week legal process, the prosecutor then decides if the case file can be presented before the judge to request an arrest warrant. (two weeks) And if the judge agrees and signs off on an arrest warrant then a draft, proof read, approval, and then final draft is sent before the judge's signature; and then the arrest warrant is filed and sent to the appropriate authorities to serve. (two weeks)

 

all this time the criminal is walking the street and has all the names and statements.

 

As for the investigators?

 

a. all their witnesses, police reports etc are public record

 

b. they have to try to convince further witnesses to try to come forward

 

c. they have extremely restrictive rules which further hinder their ability to question suspects.

 

Sorry but I am not a trained Filipino investigator or lawyer so I really can not offer any more than what I have observed during the proceedings here and can not really speak on how things will be conducted there.

well maybe a new president will shorten the process