G.R. No. L-32717 – 146 Phil. 798 – 36 SCRA 228 – Statutory Construction – Ejusdem GenerisPolitical 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) […]
Howard
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G.R. No. 149907 – 603 Phil. 141 – 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 […]
G.R. Nos. 164684-85 – 511 Phil. 384 – 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 […]
G.R. No. 126594 – 344 Phil. 399 – Political Law – Constitutional Law – Bill of Rights – Equal ProtectionThe Legislative Department – Undue DelegationImelda 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 […]
G.R. No. 78742 – G.R. No. 79777 – G.R. No. 79744, G.R. No. 79310 – 175 SCRA 343 – Political Law – Constitutional Law – Bill of Rights – Equal Protection – Valid ClassificationEminent Domain – Just CompensationThese are four consolidated cases questioning the constitutionality of the Comprehensive Agrarian Reform […]
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 are […]
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 alleged […]
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 is […]
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 Rule […]
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 administration […]
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 case […]
G.R. No. 78763 – 256 Phil. 735 – 175 SCRA 277 – Political Law – Constitutional Law – Due Process; Administrative BodiesLabor 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. […]
G.R. No. L-26803 – 160-A Phil. 439 – 67 SCRA 287 – Political Law – Constitutional Law – Due Process; Administrative Bodies The American Tobacco Company (ACT) was a party to a trademark case pending before the Philippine Patent Office. ATC challenged the validity of Rule 168 of the “Revised Rules of Practice […]
G.R. No. L-55960 – 249 Phil. 681 – 167 SCRA 737 – Civil Law – Preliminary Title – Conflict of Laws – Foreign Laws – Applicability of Foreign Marriage Laws Sy Kiat, a Chinese national, died on January 17, 1977 leaving behind properties here in the Philippines. Thereafter, Aida […]
G.R. No. L-63915 – 230 Phil. 528 – 146 SCRA 446 – Civil Law – Preliminary Title – Publication – Presidential Proclamations etc – What “unless otherwise provided” means in Article 2 of the Civil Code With the Supreme Court’s decision that ordered Tuvera et al to publish in the […]