G.R. No. L-6355-56 – 93 – Phil. 699 – Political Law – The Judiciary – The Legislature – Separation of Powers Statutory Construction – Who May Interpret Laws Saturnino David, the then Collector of Internal Revenue (CIR), ordered the taxing of Justice Pastor Endencia’s and Justice Fernando Jugo’s (and […]
Monthly Archives: November 2010
263 posts
G.R. No. 113811 – 237 SCRA 538 – Political Law – Constitutional Law – Bill of Rights – Equal Protection – Suspension of PNP Members Charged with Grave Felonies Ishmael Himagan was a policeman assigned in Davao City. He was charged for the murder of Benjamin Machitar, Jr. and […]
G.R. No. 132344 – 327 SCRA 804 – Civil Law – Human Relations – Article 19 of the Civil Code In 1987, Romeo Jader was a graduating law student at the University of the East. He failed to take the regular examination in Practice Court 1 for which he […]
G.R. No. L-32717 – 36 SCRA 228 – Statutory Construction – Ejusdem Generis Political Law – Bill of Rights – Freedom of Expression Amelito Mutuc was a candidate for delegate to the Constitutional Convention (1970). His candidacy was given due course by the Commission on Elections (COMELEC) but he […]
G.R. No. 149907 – 585 SCRA 140 – Political Law – Constitutional Law – Bill of Rights – Equal Protection – Access to Medicine In 2000, Roma Drug, owned by Romeo Rodriguez, was raided by the NBI upon request of Smithkline – a pharmaceutical company (now Glaxo Smithkline). Roma […]
G.R. Nos. 164684-85 – 474 SCRA 761 – Political Law – Constitutional Law – Due Process; Private Entities – Procedural Due Process Labor Law – Labor Relations – Termination of Employment – Twin Notice Rule Antonio Tiamson was a radio technician at PLDT (Philippine Long Distance Telephone Company, Inc.). In […]
G.R. No. 126594 – Political Law – Constitutional Law – Bill of Rights – Equal Protection The Legislative Department – Undue Delegation Imelda Marcos was charged for violating Central Bank Circular No. 960 which banned residents, firms, associations and corporations from maintaining foreign exchange accounts abroad without permission from […]
G.R. No. 78742 – G.R. No. 79777 – 175 SCRA 343 – Political Law – Constitutional Law – Bill of Rights – Equal Protection – Valid Classification Eminent Domain – Just Compensation These are four consolidated cases questioning the constitutionality of the Comprehensive Agrarian Reform Act (R.A. No. 6657 and related […]
The rules of criminal procedure shall be liberally construed in favor of the accused and strictly against the state to even the odds in favor of the accused against whom the entire machinery of the state is mobilized.
Criminal law is substantive; it defines crimes, treats of their nature, and provides for their punishment. Criminal procedure, on the other hand, is remedial or procedural; it provides for the method by which a person accused of a crime is arrested, tried and punished. Criminal law declares what acts […]
G.R. No. 122389 – 274 SCRA 358 – Political Law – Constitutional Law – Due Process; Administrative Bodies – May a commissioner review a case he decided when he was still an arbiter Miguel Singson was an employee of the Philippine Air Lines (PAL). In 1991, a Japanese national […]
1. Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private parties but to the officials and agents of the law. Resort is made to secret inquiry to discover the culprit, and violence and torture are often employed to extract confessions. The judge […]
1. Spanish Law of Criminal Procedure 2. General Order No. 58, dated April 23 1900 3. Amendatory acts passed by the Philippine Commission 4. The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the Tydings-McDuffie Law, and the Constitution of the Philippines 5. The […]
Criminal procedure is concerned with the procedural steps through which the criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the network of laws and rules which govern the procedural […]
Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction. NOTE: This definition outlines how the Rules on Criminal Procedure is arranged i.e. apprehension (arrest) to prosecution (trial) and punishment in […]
G.R. No. 78763 – 175 SCRA 277 – Political Law – Constitutional Law – Due Process; Administrative Bodies Labor Law – Labor Relations – Termination of Employment – Grounds of Termination; when offset Apolinario Signo was employed by the Manila Electric Company (Meralco) as supervisor-leadman since 1963. During his […]