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.
Legal Questions
216 posts
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.
These are the instances when a warrantless search is allowed: 1. Warrantless search incidental to a lawful arrest recognized under Section 12, Rule 126 of the Rules of Court 8 and by prevailing jurisprudence; 2. Seizure of evidence in “plain view,” the elements of which are: (a) a prior valid […]
The requirements are: (1) the warrant must be issued upon probable cause; (2) the probable cause must be determined by the judge himself and not by the applicant or any other person; (3) in the determination of probable cause, the judge must examine, under oath or affirmation, the complainant and […]
“Gerrymandering” is a “term employed to describe an apportionment of representative districts so contrived as to give an unfair advantage to the party in power.”
A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.
A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. It may be ordinary or special.
A criminal action is one by which the State prosecutes a person for an act or omission punishable by law.
Where a person who works for another does so more or less at his own pleasure and is not subject to definite hours or conditions of work, and is compensated according to the result of his efforts and not the amount thereof, the element of control is absent. **Definition from […]
The 4 fold test includes: 1. Whether or not employer conducted the selection and engagement of the employee. 2. Whether or not there is payment of wages to the employee by the employer. 3. Whether or not employer has the power to dismiss employee. 4. Whether or not the employer […]
Regular Employee Defined: (1) those who are engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (2) those who have rendered at least one year of service, whether continuous or broken, with respect to the activity in which they […]
Field Personnel Defined Field personnel are those who regularly perform their duties away from the principal place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. ** Definition from Far East vs Uy.
Definition of Service Incentive Leave Service incentive leave is a right which accrues to every employee who has served within 12 months, whether continuous or broken reckoned from the date the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as a […]