Administrative Due Process Includes (a) the right to notice, be it actual or constructive, of the institution of the proceedings that may affect a person’s legal right; (b) reasonable opportunity to appear and defend his rights and to introduce witnesses and relevant evidence in his favor; (c) a tribunal so […]
Howard
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They are: (1) the right to a hearing, which includes the right to present one’s case and submit evidence in support thereof; (2) the tribunal must consider the evidence presented; (3) the decision must have something to support itself; (4) the evidence must be substantial; (5) the decision must be […]
CERTIORARI defined: When any tribunal, board, or officer exercising judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby […]
G.R. No. 169013 – 594 Phil. 451 – 574 SCRA 41 – Remedial Law – Due Process – Certiorari; when available – Service of Summons In 1996, Godofredo Cuanan, while being a school principal in San Antonio, Nueva Ecija, was charged with sexual harassment. DECS Region III created an investigating […]
G.R. No. L-19650 – 124 Phil. 763 – 18 SCRA 247 – Statutory Construction – Construction; defined – Noscitur A Sociis In 1960, Caltex (Philippines), Inc. announced its Caltex Hooded Pump Contest. The mechanics of the contest were as follows: 1. Participants must estimate the actual number of liters a […]
G.R. No. L-45987 – 68 Phil. 12 – Political Law – Constitutional Law – Equal Protection – Requisites of a Valid Classification – Prohibition from Drinking Gin In 1937, there existed a law, Act No. 1639 otherwise known as AN ACT TO PROHIBIT THE SALE, GIFT, OR OTHER DISPOSAL OF […]
G.R. No. L-52245 – 180 Phil. 369 – 95 SCRA 392 – Political Law – Constitutional Law – Equal Protection – Eligibility to Office after Being 65Judicial Review; Requisites thereof Patricio Dumlao was the former governor of Nueva Vizcaya. He has already retired from his office and he has been […]
G.R. No. 46496 – 69 Phil. 635 – Political Law – Constitutional Law – Due Process in Administrative BodiesRemedial Law – Civil Procedure – Motion For New Trial; Grounds Toribio Teodoro owns and operates Ang Tibay, a leather company which supplies the Philippine Army. Due to alleged shortage of leather, […]
The requirement of territorial jurisdiction means that a criminal action should be filed in the place where the crime was committed, except in those cases provided by Article 2 of the Revised Penal Code.
G.R. No. 117565 – 346 Phil. 807 – 282 SCRA 125 (89 SCAD 151) – Political Law – Constitutional Law – Due Process; Administrative Bodies – Assistance by CounselLaw on Public Officers – Right to Due Process – Public Office is Not a PropertyArsenio Lumiqued was the Regional Director of […]
The requisites to be complied with are: (1) must rest on substantial distinctions; (2) must be germane to the purposes of the law; (3) must not be limited to existing conditions only; and (4) must apply equally to all members of the same class. ** Taken from People of the […]
G.R. No. 92163 – 264 Phil. 593 – 186 SCRA 217 – Political Law – Separation of Powers – SC Cannot Change LawStatutory Construction – The Court Can Only Interpret LawsCriminal Law – Complex Crimes – Compound Crimes – Rebellion Absorbs Common CrimesRemedial Law – Criminal Procedure – Bail; When […]
Jurisdiction is determined by the law as of the time when the action is filed, not when the offense was committed. The exception to this rule is where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense. In […]
It is the power to hear and determine cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers. Jurisdiction over the offense or over the subject matter refers to the power of a […]
The requisites for a valid exercise of criminal jurisdiction are: 1. Jurisdiction over the person of the accused 2. Jurisdiction over the territory where the offense was committed 3. Jurisdiction over the offense (subject matter)
Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment for it. In People of the Philippines vs Mariano (71 SCRA 660), it is defined as the authority to hear and decide a particular offense and impose the corresponding punishment for it. In Lumpay […]