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Assignment Number 22

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Benjamin Bayuga
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19 views

Assignment Number 22

Uploaded by

Benjamin Bayuga
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Assignment no.

1. Differentiate Confession from admission. Give specific examples ( 5


points)

 Confession is used to mean a form of admission, made by the accused,


declaring the inference that he/she committed the offence. It is regarded
as the best evidence against its maker and also against the co-accused,
the person who is also involved with the accused in the commission of a
crime while admission can be defined as the voluntary statement that
acknowledges the truth of a fact. It can be oral, documentary or in
electronic form which proposes inferences about any fact in question or a
material fact.
 Confession can only be made by an accused person while an admission
can be done by any person.
 Confession always go against the person making it while admission can
be used on behalf of the person making it.

2. Discuss extensively RA 10586. What is it? What are the different test to
prove that this act is violated? What are the penalties? (15 pts)

 RA no. 10586 - An Act Penalizing Persons Driving Under the Influence of


Alcohol, Dangerous Drugs, And Similar Substances, And for Other
Purposes.
 Eye test or the Horizontal Gaze Nystagmus
>The first test is the eye test. In this test, the apprehending officer will
stand about 1 foot away from the suspected driver and checks if it shows
involuntary eye jerking while they are looking towards the moving objects
from side to side.
 Walk-and-turn test
> This is the 2nd test where the suspected driver needs to walk heel-to-
toe in a straight line for 8 to 9 steps. They should turn at the end and go
back to his/her starting point without showing any signs of difficulty. This
test is done to check the ability of the driver in maintaining balance and
following directions.
 One-leg stand test
> The 3rd test will require the driver to stand with their one leg 6 inches
from the ground for a good thirty seconds. This test is also done to check
the driver's coordination and balance and the same with the walk-and-
turn test, it also checks if the driver can still follow directions.

 Alcohol Breath Analyzer


> If the driver fails any of the three tests, he will then be subjected to a
fourth one using an alcohol breath analyzer. A driver who is found
to have a blood alcohol concentration (BAC) higher than the prescribed
limit 0.05 percent will be placed under arrest and his vehicle impounded.
If found within the allowed limit, he will be booked only for the traffic
violation.
Penalties:
 For non-professional driver’s license: 1st conviction will be confiscated
and suspected for twelve months or 1 year. Permanent revocation will
follow for the 2nd conviction.
 For Professional driver’s license, confiscation and permanent revocation
of driver’s license will the penalty in 1st conviction.
 If there are no result in homicide or physical injury the penalty will be 3-
month jail term and P20,000 to P80,000 fine.
 If the violation results in physical injury the penalty will be under the
Article 263 of the Revised Penal Code and a fine of P100,000 to
P500,000.
 If the violation results in the loss of life or homicide the penalty will be
under Article 249 of the Revised Penal Code and a fine of P300,000 to
P500,000.

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