A court has an inchoate (imperfect) right of jurisdiction over all crimes committed within its territorial jurisdiction, which is perfected on the institution of the action. The change in the territorial limits of the place may be a cause for a court to lose jurisdiction over the offense.
Legal Questions
216 posts
Under the Philippines criminal justice system, Sandiganbayan is a court that exercises special criminal jurisdiction. The Sandiganbayan is a court that exercises exclusive original jurisdiction over cases involving public officers having Salary Grade 27. Under this kind of jurisdiction over the subject matter, the commission of the offense in relation […]
The modes of acquiring land titles are: Title by public grant – conveyance of public land by government to a private individual Title by acquisitive prescription – open, continuous, exclusive, notorious possession of a property Title by accretion – alluvium Title by reclamation – filling of submerged land by deliberate […]
The first is concerned with the determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the context of the facts involved in the suit. It ends with an order, if not of dismissal of the action, “of condemnation […]
Legislative apportionment is defined by Black’s Law Dictionary as the determination of the number of representatives which a State, county or other subdivision may send to a legislative body. It is the allocation of seats in a legislative body in proportion to the population; the drawing of voting district lines […]
Availment of such resources is effectuated through the vesting in every local government unit of : (1) the right to create and broaden its own source of revenue; (2) the right to be allocated a just share in national taxes, such share being in the form of internal revenue allotments […]
Local Government has been described as a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs. In a unitary system of government, such as the government under the Philippine Constitution, local governments can only be an intra sovereign subdivision of one […]
Laches has been defined as the failure or neglect for an unreasonable and unexplained length time to do that which, by exercising due diligence, could or should have been done earlier, thus giving rise to a presumption that the party entitled to assert it either has abandoned or declined to […]
Constructive dismissal is defined as a quitting because continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution of pay. Likewise, constructive dismissal exists when an act of clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee, leaving […]
A PARDON is an act of grace by the president which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed.
AMNESTY is an act of the sovereign power granting oblivion or a general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character, such as treason, sedition, or rebellion.
A REPRIEVE is merely a postponement of a sentence to a date certain, or a stay of execution. It may be ordered to enable the government to secure additional evidence to ascertain the guilt of the convict or, in the case of the execution of the death sentence upon a […]
A COMMUTATION is a reduction or mitigation of the penalty, e.g., when the death sentence is reduced to life imprisonment.
Judicial Due Process vs Administrative Due Process Due process of law in administrative cases is not identical with “judicial process” for a trial in court is not always essential to due process. While a day in court is a matter of right in judicial proceedings, it is otherwise in administrative […]
They are: (a) that the court or tribunal trying the case is properly clothed with judicial power to hear and determine the matter before it; (b) that jurisdiction is lawfully acquired by it over the person of the accused; (c) that the accused is given an opportunity to be heard; […]
Requisites of Administrative Due Process The right to a hearing, which includes the right to present one’s case and submit evidence in support thereof. The tribunal must consider the evidence presented. The decision must have something to support itself. The evidence must be substantial. The decision must be rendered on […]