G.R. No. 135830; G.R. No. 136035; G.R. No. 137743 – 508 Phil. 260 – 471 SCRA 266 – Civil Law – Family Code – Annulment of Marriage – Proper Party Teofilo Carlos and petitioner Juan De Dios Carlos were brothers who each had three parcels of land by virtue of […]
Howard
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G.R. No. 167523 – 578 Phil. 826 – 556 SCRA 272 – Civil Law – Persons and Family Relations – Family Code – Nullity of Marriage – Article 36: Psychological Incapacity In 1986, Nilda and Reynaldo met in a local bar where Nilda was a waitress. Because of his fear […]
G.R. No. L-33964 – 149 Phil. 547 – 42 SCRA 448 – Political Law – Constitutional Law – Abandonment of the Doctrine Held in the Barcelon Case and the Montenegro Case – Suspension of the privilege of the writ of habeas corpus not a political question Due to the throwing […]
G.R. No. 79269 – 198 SCRA 130 – Criminal Law – Habeas Corpus – Right to Bail – Rebellion Rodolfo Salas aka NPA’s “Ka Bilog” was arrested and was charged for rebellion. He was charged together with the spouses Concepcion. Salas, together with his co-accused later filed a petition […]
REPUBLIC ACT No. 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR Section 1. Title. This Act shall be known as the “Party-List System Act.” Section 2. Declaration of part y. The State shall promote proportional representation in the election of […]
G.R. No. 2808 – 5 Phil. 87 – Political Law – Constitutional Law – Bill of Rights – Suspension of the Privilege of the Writ Habeas Corpus as a Political Question being a Prerogative by the President On 31 January 1905, then Governor-General Luke Wright issued a resolution suspending the […]
Two Types of Due Process Procedural Due Process: Procedural due process refers to the procedures that the government must follow before it deprives a person of life, liberty, or property. Procedural due process concerns itself with government action adhering to the established process when it makes an intrusion into the […]
In view of the requirements of due process, equal protection and other applicable constitutional guaranties, however, the exercise of such police power insofar as it may affect the life, liberty or property of any person is subject to judicial inquiry. Where such exercise of police power may be considered as […]
POLICE POWER On the legislative organs of the government, whether national of local, primarily rest the exercise of the police power, which, it cannot be too often emphasized, is the power to prescribe regulations to promote the health, morals, peace, good order, safety and general welfare of the people. Police […]
President’s Power to Suspend the Privilege of the Writ of Habeas Corpus Two conditions are necessary in order that the President may suspend the privilege of the writ: 1. There must be invasion or rebellion; and 2. The public safety must require the suspension.
The PRIVILEGE of the writ of habeas corpus (not the writ itself) may be suspended by the President (Sec 18, Art. VII of the 1987 Constitution), in case only of invasion or rebellion AND when public safety requires it. Consequently, the person under detention by the government may not obtain […]
This is how the writ of habeas corpus operates to safeguard the liberty of a person: The prisoner or any person on his behalf petitions the proper court, which immediately issues the writ. It is sent to the person having another in his custody. Such person is ordered to produce […]
It has for its purpose to inquire into all manner of involuntary restraint or detention as distinguished from voluntary and to relieve a person therefrom if such restraint is found illegal. The writ is the proper remedy in each and every case of detention without legal cause or authority. Its […]
The writ of habeas corpus is an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained.
G.R. No. 79173 – 240 Phil. 92 – 156 SCRA 92 – Political Law – Constitutional Law – Habeas Corpus Col. Abadilla was the head of the group that seized GMA 7 in 1987. A subsequent mutiny was done in Fort Bonifacio. The act was infamously known as the […]
G.R. No. L-54558; G.R. No. L-69882 – 234 Phil. 144 – 150 SCRA 144 – Political Law – Constitutional Law – Bill of Rights – Habeas Corpus In 1979, Olaguer and some others were detained by military personnel and they were placed in Camp Bagong Diwa. Olaguer and his […]