political law
What is neutrality in international law?
A Member of the United Nations has the right of self-defense "until the Security Council has taken measures necessary to maintain inter-national peace and security". -Art .51, UN
Under international law in Jurisdiction of States, what is protective principle?
A State has jurisdiction over acts committed abroad deemed prejudicial to its national security or vital interest.
Under international law in Jurisdiction of States, what is nationality principle?
A State has jurisdiction over its nationals anywhere in the world.
Under international law in Jurisdiction of States, what is the general rule in territoriality principle?
A State may exercise jurisdiction only within its territory.
Under international law in Jurisdiction of States, what is passive personality principle?
A State may exercise jurisdiction over an individual for offenses committed abroad which have affected or will affects its nationals.
What is Content-based restraint?
A content-based regulation is given the strictest scrutiny. The challenged acts must be subjected to the clear and present danger test according to Chavez vs. Gonzales
What is Content-neutral regulation?
A content-neutral regulation merely controls the time, place, or manner. Only a substantial government interest is required for its validity. An intermediate approach is applied. The regulation is justified if it furthers an important governmental interest, and the restriction is not greater than necessary according to Chavez vs. Gozales.
Differentiate bail as a matter of right and bail, when discretionary.
Bail as a matter of right is before or after conviction by the MTC and before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment. - Sec 4, Rule 114 While bail, when discretionary is before conviction by the RTC of an offense punishable by death, reclusion perpetua of life imprisonment and upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment. - Sec 5, Rule 114
What is the evidence obtained in violation of the right against unreasonable searches and seizures in concept?
Evidence obtained in violation of the right against unreasonable searches and seizures is inadmissible.
What is Territorial Sea in International Law?
It is up to a limit not exceeding twelve (12) nautical miles, measured from the baseline Ships of all states, whether coastal or not for an innocent, passage through the territorial sea according to Art. 3, UNCLOS.
A bill was introduced in the House of Representatives in order to implement faithfully the provisions of the United Nation's Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory. Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the provisions of the ground that the provisions of the Constitution defining the Philippines internal waters and territorial sea. Do you agree or not with the said objection? Explain.
UNCLOS for its part transforms constitutional internal waters into archipelagic waters by virtue of Art, 52 of the same states that "sips of all States enjoy the right of innocent passage", wihtin archipelagic states such as the Philippines. As to territorial sea, the expanse of the Philippine territorial sea extends from 200 nautical miles up to the International Treaty Limits (ITL) around the Philippines Archipelago as set out in Art. 3 of the Treaty of Paris of 10 December 1898 and integrated under Art. 1 of the 1935 Constitution. Under the UNCLOS, the 200 nm of territorial sea and the ITL as boundaries of the Philippines have been dissolve and under the UNCLOS the new bounderies are drawn by the outer limit of the new territorial seas of not exceeding 12xnautical miles emanating from the baseline. This implies the collapse of the sovereignty granted under the ITI.
What is the exception of the facial challenges and overbreadth doctrine
overbreadth and vagueness doctrines are not appropriate for testing the validity of penal statues -Romualdez vs. Sandiganbayan
What is Assistance of Counsel?
According to Sec 2a, R.A No 7438. Persons arrested, detained or under custodial investigation shall be assisted by counsel.
A bill was introduced in the House of Representatives in order to implement faithfully the provisions of the United Nation's Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory. Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the provisions of the ground that the provisions of the Constitution defining the Philippines internal waters and territorial sea. Do you agree or not with the said objection? Explain.
"UNCLOS 3 and its ancillary baselines laws play no role in the acquisition, enlargement or, as petitioners claim, diminution of territory. Under traditional international law typology, States acquire (or conversely, lose) territory through occupation, accretion, cession, and prescription, not by executing multilateral treaties on the regulations of sea-use rights or enacting statues to comply with the treaty's terms to delimit maritime zones and continental shelves. Territorial claims to land features are outside UNCLOS 3, and are instead governed by the rules on general international law.
What are the Right to be Heard?
(1) No person shall be held to answer for a criminal offense without due process of law. (2) According to Sec. 14, Art 3. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.
What are the two-fold purpose in the Right of Confrontation?
(1) To afford accused an opportunity to test the testimony of the witness by cross-examination: and (2) To allow the judge to observe the deportment of the witness. According to U.S. vs. Javier.
Under international law In diplomatic and consular law, who are the agents of diplomatic intercourse ?
1. Head of state; 2. Foreign secretary or minister; 3. Members of diplomatic service; 4. Special diplomatic agents appointed by head of state; and 5. Envoys ceremonial. (Vienna Convention on Diplomatic Relation)
Under international law, what are the treatment of aliens?
1. A State's means of expulsion of aliens 2. Principle of specialty
Under international law, what are the elements of subjects in treaties?
1. A permanent population; 2. A definite territory; 3. Government; and 4. Sovereignty and the capacity to enter into relations with other states -According to Art. 1, Montevideo Convention on the Rights and Duties of States, 26 December 1933.
What are the elements of valid seizure based on the "plain view" doctrine?
1. A prior valid intrusion wherein the police are legally present in the pursuit of their official duties 2. The evidence was inadvertently discovered by the police who have the right to be where they are; 3. The evidence must be immediately apparent; and 4. "Plain view" justified the seizure of the evidence without any further search. According to People vs. Bolasa.
What are the diplomatic and consular law in international law?
1. Agents of diplomatic intercourse 2. Main functions of diplomatic mission 3. Diplomatic immunities and privileges 4. Diplomatic immunity applicable to W.H.O. officials 5. Immunity, when not applicable
What are the Rights of the Accused?
1. Bail 2. Assistance of Counsel 3. Criminal Due Process 4. Right to be Informed 5. Right to Speedy, Impartial and Public Trial 6. Presumption of Innocence, When Not Applicable 7. Right to be Heard 8. Right of Confrontation 9. Trial of Absentia
What are the valid warantless arrests?
1. Caught in flagrante delicto: has committed, actually committing, attempting to commit a crime. (Sec. 5(a), Rule 113) 2. Doctrine of hot pursuit: offense has just been committed. 3. Escapee or detention prisoner; and 4. Continuing offense.
Under international law in Jurisdiction of States, what are the exceptions in territoriality principle?
1. Continuing offenses; 2. acts prejudicial to the national security; 3. international crimes; 4. offenses covered by special agreement.
What are the requisites of double jeopardy?
1. Court of competent jurisdiction; 2.A complaint / information sufficient in form and substance to sustain conviction; 3. Arraignment and plea by the accused; 4. Conviction, acquittal or dismissal of the case without the express content, of the accused. According to Sec 7, Rule 117.
Under the law on public officers in accountability of public officers, what are the grounds for impeachment?
1. Culpable violation; 2. Treason; 3. Bribery; 4. Graft and corruption; and 5. Other high crimes; and 6. Betrayal of public trust -according to Sec. 12, Art. 11, 1987 Constitution.
Under international law in treatment of aliens, what are the State's means of expulsion of aliens?
1. Deportation: Expulsion of alien considered undesirable; 2. Reconduction: Forcible conveying of aliens back to their home state; and 3. Extradition: Surrender of a person wanted for prosecution or punishment, based on consent, expressed in treaty or manifested as an act of goodwill.
What are the aspects freedom of the press
1. Freedom from prior restraint 2. Freedom from punishment subsequent to publication 3. Freedom of access to information; and 4. Freedom of circulation - according to the case of Chavez vs. Gonzales
What are the Requisites of Criminal Due Process?
1. Hearing by a court of competent jurisdiction; 2. Accused is proceeded against in orderly process of law; 3. Notice and opportunity to be heard; 4. Hearing before judgement and judgement to be rendered within the authority of a constitutional law according to Media vs. Pamaran NOTICE: After arraignment, trial may proceed notwithstanding the absence of the accused, provided that he has been duly notified and his failure to appear is unjustifiable according to Sec. 14(2), Art. 3.
What are the limitations on the power of taxation?
1. Inherent limitations 2. Constitutional limitations
What are the concept, application and limits in fundamental powers of the state?
1. Inherent powers 2. police power 3. police power 4. law 5. expropriation of the property 6. taxation 7. police power 8. private property
In the sources of international law, what are the primary sources?
1. International conventions, establishing rules expressly recognized by the contesting states; 2. International custom; 3. General principles of law recognized by civilized nations; 4. Judicial decisions and writings of the publicists.
Under international law In diplomatic and consular law, what are the diplomatic immunities and privileges?
1. Inviolability of correspondence/ archives and other documents; 2. Freedom of movement and travel; 3. Immunity from jurisdiction for acts performed in official capacity; 4. Consular officer is not immune from criminal jurisdiction of receiving State; and 5. Exemption from certain taxes and custom duties. A diplomatic agent shall not be liable to any form of arrest or detention. -Art. 22-36, Vienna Convention on Diplomatic Relations
In rights of a suspect, what are the requisites for the admissibility of an extrajudicial confession?
1. It must be voluntary; 2. It must be made with the assistance of competent and independent counsel; 3. It must be express; and 4. It must be in writing. according to People vs. Tan.
In the sources of international law, what are the secondary sources?
1. Judicial decisions; and 2. Teachings of the most highly qualified pulicists of the various nations. -According to Art. 38, International Court of Justice.
What are the international law?
1. Law of coordination (consent): Regulates relations of states and other international persons; 2. Derived principally from treaties, international customs, and other international agreements; 3. Resolved through state to state transactions.
What are the municipal law?
1. Law of subordination ( issued by political superior): Regulates relations of individuals among themselves or with own states; consists mainly of statutory enactments, and executive orders and judicial pronouncements; 2. Redressed through local administrative and judicial processes; 3 Breach of which entails individual responsibility.
What are the requisites for valid exercise of police power in fundamental powers of the state?
1. Lawful subject; and 2. Lawful means.
Under the liberty of adobe and freedom of movement, what are the limitations?
1. Liberty of adobe 2. Right to travel
What are the requisites for valid exercise of eminent domain in fundamental powers of the state?
1. Necessity; 2. Private property; 3. Taking; 4. Public use; and 5. Just compensation
Under international law, what are the consequences of statelessness?
1. No State can intervene or complain in behalf of a stateless person for an international delinquency committed by another State in inflicting injury upon him; 2. He cannot be expelled by the State if he is lawfully in its territory, EXCEPTION: on grounds of national security or public order; and 3. He cannot avail himself to the protection and benefits of citizenship, like securing for himself a passport or visa and personal documents.
What are the concepts under international law?
1. Obligations erga omnes 2. Jus congens 3. Ex aequo et bono(Doctrine of equity)
Under the law on public officers in ombudsman, what are the exceptions in disciplinary power?
1. Officials who may be removed only by impeachment, members of Congress and the Judiciary according to Sec. 21, R.a 6770. 2.Under Sec. 15(3) of the Ombudsman Act, the Ombudsman has the power to ensure compliance with the imposition of penalty on public officers it finds at fault by virtue of its disciplinary authority according to Office of the Ombudsman vs. Madriaga.
Under international law, what are the fundamental principles in treaties?
1. Pacta sunt servanda 2. Rebus sic stantibus 3. Diplomatic powers in e treaty vs. in an executive agreement
Under the law on public officers, what are the modes and kinds of appointment?
1. Permanent appointment 2. Temporary appointment 3. Prohibited appointment
Under the law on public officers in accountability of public officers, who are the impeachable officers in impeachment?
1. President; 2. Vice-president; 3. Justice of the Supreme Court; 4. Chairman and members of the Constitutional Commissions; and 5. Ombudsman -According to Sec. 12, Art. 11, 1987, Constitution.
What are the sources of international law?
1. Primary sources 2. Secondary sources
In the sources of international law, what are the rules in case of conflict between sources?
1. Primary vs. Secondary: Primary sources prevail. 2. Primary vs. Primary: By practice, treaties take precedence over customs, and customs over general principles of law. However, a treaty in conflict with a custom which is part of jus congens is void. -According to Art. 53, Vienna Convention on the Law of Treaties.
What are Requisites of a Valid Warrant?
1. Probable cause 2. Determination of probable cause made by the judge; 3. Determination by the judge was made upon an examination under oath or affirmation of the complaint and the witnesses he may produce; 4. Complaint or witnesses testified to facts within their personal knowledge; and 5. Particularly describing the place to be searched, persons or objects to be seized. -Sec2, Art. 3
Under international law in concepts, what are the examples in obligations erga omnes?
1. Prohibition of Acts of Aggression; 2. Prohibition of Acts of Genocide; 3. Obligations on the protection of basic human rights; 4. Obligations relating to self-determination; and 5. Obligations relating to environment of common space. -According to Isabelita Vinuya vs. Honorable Secretary Alberto Romulo.
In Due Process, what are the rights of life, liberty and property?
1. Relativity of Due Process 2. Void-for-Vagueness Doctrine 3. Procedural and Substantive Due Process 4. Constitutional and Statutory Due Process
Under international law In diplomatic and consular law, what are the main functions of diplomatic mission?
1. Represent the sending state; 2. Protect the interest of the sending State and its nationals; 3. Negotiate with the government of the receiving state; 4.Ascertain conditions and developments in the receiving State and report these to the sending State; 5. Promote friendly relations between the sending State and receiving State; and 6. Develop economic, cultural and scientific relations. -Art. 3, Vienna Convention on Diplomatic Relations
What are the requisites for valid classification in equal protection?
1. Rests on substantial distinctions; 2. Germane to the purpose of the law; 3. Not limited to existing conditions; and 4. Apply equally to all members of the same class. according to Beltran vs. Secretary oh Health
Under international human rights law, what are the fundamental rights in universal declaration of human rights?
1. Right to life, liberty and security of person; - (Art. 3, ibid.) and 2. Rights to social security, realization of economic, social & cultural rights indispensable for dignity development of personality. -(Art. 22, ibid.)
What coverage against unreasonable searches and seizures in concept?
1. Sanctity and privacy of a person himself 2. Inviolability of a person's home and his possession. -According to Sec.3(2), Art. 3.
When a warrantless searches may be effected?
1. Search incident to awful arrest 2. Prohibited article found in plain view 3. Moving vehicle 4. Enforcement of customs law 5. Routine searches at borders and ports of entry to enforce immigration laws, quarantine, national security, and customs laws. 6. Waiver 7. Searches of business establishment to enforce police regulations.
What are the following rights of the coastal state in exclusive economic zone in international law?
1. Sovereignty rights for the purpose of exploring and exploiting, conserving and managing the living and non-living resources in the superjacent waters of the seabed and subsoil; 2. Sovereignty rights with respect to the others activities for the economic exploitation and exploration of the zone or EEZ, such as production or energy from water, current winds; 3. Jurisdictional right with respects to establishments and use of artificial islands; 4. Jurisdictional right as to protection and preservation of the marine environment; 5. Jurisdictional right over marine scientific research; 6. Other rights and duties provided for in the UN Convention on the Law of the Sea or the UNCLOS. -according to Art. 56, UNCLOS.
Under international law, what are the principles in Jurisdiction of States?
1. Territoriality principle 2. Universality principle 3. Nationality principle 4. Protective principle 5. Passive Personality principle
What are the cruel punishments involve in excessive fines and cruel and inhumane?
1. Torture of lingering death -Legarda vs. Valdez 2. Not only severe, harsh or excessive but flagrantly of plainly oppressive. Wholly disproportionate to the nature of the offense as to shock the moral sense of the community. -People vs. Estoista
What are the requisites of Trial in Absentia?
1. Valid arraignment 2. Notice of Hearing; and 3. Failure to appear is unjustified. According to People vs. Judge Salas
Under the law on public officers, what is impeachment in accountability of public officers?
A criminal proceeding against a public officer, before a quasi-political court, instituted by written accusation called "articles of impeachment", according to Black's Law Dictionary, 2nd Edition, 1910. Impeachment is a method of public inquest into the conduct of public men according to Seperate opinion of J, Vitug , Francisco vs. House of Representatives.
Under international law In diplomatic and consular law, what are immunity, when NOT applicable?
A diplomatic agent has no immunity in case of: 1. A real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for purposes of the mission; 2. An action relating to succession in which the diplomatic agent is involve as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; and 3. An action relating to any professional or commercial activity exercised by the diplomatic agent in receiving State outside his official functions. -according to Art. 31, Vienna Convention on Diplomatic Relations.
Under international law in treatment of aliens, what is the Principle of specialty?
A fugitive extradited may be tried only for the crime specified in the request for extradition and included in the list of offenses in extradition treaty according to United States vs. Rauseber119 US. 407[1886].
Under international law, what is the state of subjects in treaties?
A group of people, more or less numerous, permanently living in a definite territory, under an independent government organized for political ends and capable of entering into legal relations with other states.
What is Contiguous Zone in International Law?
A maritime zone adjacent to the territorial seas where the coastal state may exercise certain protective jurisdiction. -Art. 33, UNCLOS.
What is Miranda Rights?
A person in custody who will be interrogated must be informed of the following: (1) He has the right to remain silent: (2) Anything he says can be used as evidence against him; (3) He has the right to have counsel during the investigation; and (4) He must be informed that if he is indigent, a lawyer will be appointed to represent him. According to Miranda vs. Arizona.
Under international law, what is stateless person?
A person who is not considered as a national by any state under the operation of law according to 1954 Convention Relating to the Status of Stateless Persons.
Under international law in state responsibility, what is the calvo clause?
A provision in an agreement which requires that aliens are not entitled to claim upon or through its national state for protection as against the contracting state according to North American Dredging Co. of Texas vs. United Mexican Case.
What is Writ of Amparo?
A remedy available to any person whose right to life, liberty and security has been violated or is threatened with violation by a public official or employee, or of a private individual or entity according to Sec 1, Rule on the Writ of Amparo, A.M. No. 07-9-12-SC.
What is the Writ of Habeas Data?
A remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or ommission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party according to Sec 1, rule on the Writ of Habeas Data.
Differentiate Private and Government Speech.
A senator is a public person and the questioned imputation is directed against him in his public capacity. In this case actual malice means the state was made with knowledge that it was false or with reckless disregard of whether it was false or not according to Borjal vs. Court of Appeals
What is international humanitarian law in international law?
A set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or not are no longer participating in the hostilities and restricts the means and methods or warfare. International humanitarian law is also known as the law of war or the law of armed conflict. -Advisory Service on International Humanitarian Law, International Committee on the Red Cross [2004]
Under international law in Jurisdiction of States, what is universality principle?
A state has jurisdiction over offenses considered as universal crimes such as piracy war crimes and crimes against humanity.
What is Void-for-vagueness
A statue is Void-for-vagueness when it forbids or requires the doing of an act in terms so vague that men of common intelligence cannot necessarily guess its meaning and differ as to its apllication
What is Assistance of Counsel?
According to SEC 12, Art 3. The right to competent and independent counsel of his own choice. It is not subject to waiver except if the accused is allowed by the court to defend himself.
What is the Writ of Habeas Corpus?
A writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, the day and cause of his caption and detention, to do, submit to, and receive whatever the court or judge awarding the writ shall consider in that behalf according to Bouvier's Law Dictionary.
What is relativity of Due Process?
According to Fabella vs. Court of Appeals, to be considered as the authorize representative of such the organization, the teacher must be chosen by the organization itself and not by the Secretary of Education, Culture and Sports. Since in administrative proceedings, due process requires that the tribunal be vested with jurisdiction and be so constituted as to afford a person charge administratively, a reasonable guarantee of impartiality must be ensured. If the teacher who is a member of the committee was not appointed in accordance with the law, any proceeding before it is tainted with deprivation of procedural due process.
What is freedom of religion?
According to Sec 5, Art 6, at the option expressed in writing by their parents or guardians, religion shall be taught to students in public elementary and high schools within regular class hours by instructors designated or approved by the religious authorities of their religion.
What is freedom of religion?
According to Sec 6, Art 2, the separation of church and state shall be inviolable and according to Sec 5, Art 3, implemented most by the constitutional principles embodied in the non-establishment clause.
What is Bail?
According to sec 4, rule 114. All persons actually detained, except those charged with offenses punishable by death, and when evidence of guilt is strong.
What should manifested in allegations in the complaint or information?
Accused cannot be convicted of a crime unless it is clearly alleged or charged in the information filed against him. -People vs. Ortega.
Under the law on public officers in modes and kinds of appointment, what is permanent appointment?
Ad interim appointment as Cabinet Member is a permanent appointment.
what is the scope and concept of freedom of expression
All for forms of communication are entitled to the broad protection of the freedom of expression clause whether oral, written, tape or disc recorded according Eatern Broadcasting Corp. vs Dans
Under the law on public officers in modes and kinds of appointment, what is temporary appointment?
An acting appointment is merely temporary. A temporary appointment cannot become a permanent appointment, unless a new appointment which is permanent is made according to Marobombsar vs. Alonto.
Under the law on public officers in modes and kinds of appointment, what is permanent appointment?
An appointment held at the pleasure of the appointing power is essentially temporary in nature according to Prado de Tavera vs. Philippine Tuberculosis Society, Inc.
What is treaties in international law?
An international agreement concluded between States in written form and governed by international law according to Art. 2(1) (a), Vienna Convention on the Law of Treaties.
What is exception of a Requisites of a Valid Warrant?
As a held in People vs. Court of Appeals, 291 SCRA 400 [1993], if the place searched is different from that stated in the search warrant, the evidence seized is inadmissible. The policeman cannot modify the place to be searched as set out in the search warrant.
What is relativity of Due Process?
As held in Corona vs. United Harbor Pilots Association of the Philippines, pilotage as a profession is a property right protected by the guarantee of due process. The pre-evaluation cancellation of the licenses of the harbor pilots every year is unreasonable and violate their right to substantive due process. The issuance of the administrative order also violated procedural due process since no prior public hearing was conducted.
What is police power of fundamental powers of the state?
As held in Department of Education, Culture and Sports vs. San Diego, the rule is that a valid exercise of police power is meant ensure that those admitted to the medical profession are qualified. The arguments of Cruz are not meritorious. The right to quality education and academic freedom are not absolute. The right to choose a profession is subject to fair reasonable and equitable admission and academic requirements.
In rights of a suspect, what are the requisites for the admissibility of an extrajudicial confession?
Available when the investigation is no longer a generally inquiry into an unsolved crime but focuses on a particular suspect, as when the suspect has been taken into police custody and the police carry out a process of interrogation that lends itself to eliciting incriminating statements. According to Escobedo vs. Illinois.
Under the law on public officers in accountability of public officers, what are the things to be remembered in betrayal of public trust and public officer?
Betrayal of public trust includes violation of the oath of office of the President. In his oath of office, the President swore to preserve and defend Constitution according to Sec. 5, Art. 11, 1987 Constitution. -Sec. 3(7), Art. 11, 1987, Constitution A public officer impeached and removed from office shall nevertheless be liable and subject to prosecution, trial and punishment according to law. -Sec. 3(7), Art. 11, 1987, Constitution
Which of the 3 levels of test should be applied in equal protection case? Explain.
Classification on the basis of sexual orientation is a quasi-subject classification that prompts intermediate review. Gay and lesbian persons historically were and continue to be the target of discrimination due to their sexual orientation. Sexual orientation has no relation to a person's ability to contribute to society. The discrimination that distinguish the gays and lesbians persons are beyond their control. The group lacks sufficient political strength to bring an end to discrimination through political means.
What is exception of a Requisites of a Valid Warrant?
Commissioner of immigration for purposes of execution by final judgement in a deportation case according to Sec. 37, C.A. No. 613.
What is Involuntary Servitude?
Condition where one is compelled by force, coercion or imprisonment, and against his will, to labor for another, whether he is paid or not according to Erickson vs. West, 42 Minn.
A bill was introduced in the House of Representatives in order to implement faithfully the provisions of the United Nation's Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory. Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the provisions of the ground that the provisions of the Constitution defining the Philippines internal waters and territorial sea. Do you agree or not with the said objection? Explain.
Congressman Pat Rio Tek's contention is untenable. The UNCLOS does not involve acquisition or loss of territory. It merely regulates sea use rights and maritime zones, contiguous zones,exclusive economic zones, and continental shelves. Whether as internal waters or archipelagic waters, the Philippines exercises sovereignty over the body of water lying landward of the baselines. -Magalona vs. Ermita.
What is Right to be Informed?
Contemplates the transmission of meaningful information rather than just the ceremonial and perfunctory recitation of an abstract constitutional principle. -People vs. Nicandro.
What is contiguous zone?
Contiguous to the territorial sea is the so-called contiguous zone which extends to the maximum limit of 24 nautical miles from the baselines of the territorial sea and gives functional jurisdiction to the adjoining coastal state to prevent infringements of customs, fiscal, immigration and sanitary regulations
Under international law in Jurisdiction of States, what is territoriality principle?
Crimes committed within a state's boundaries and persons within the territory are subject to application of local law.
The test of a valid exercise in freedom of expression is clear and present danger test. What is it?
Danger created must not only be clear and present but also traceable to the ideas expressed according to Gonzales vs. Commission on Elections.
What is relativity of Due Process?
Due process is flexible, because not all situations calling for procedural safeguards call for the same kind of procedure according to Secretary of Justice vs. Lantion.
What is Commercial Speech?
Entitled to lesser protection compared to other constitutionally guaranteed expression according to Disini vs. Secretary of Justice.
What is equal protection?
Equal protection requires that all persons or things similarity situated should be treated alike, both as to rights conferred and responsibilities imposed according to Isbong vs. Hernandez.
What is excessive fines and cruel and inhumane punishments?
Excessive fines shall not be imposed, nor cruel, degrading or inhumane punishment inflicted, unless, for compelling reasons involving heinous crimes according to Sec. 19(1), Art 3.
What is expropriation of the property of fundamental powers of the state?
Expropriation of the property is valid being a lawful exercise of the State's power of eminent domain, exercised through the NHA by Congressional fiat. The expropriation of the private land for slum clearance and urban development is for a public purpose even if the developed area is later sold to private homeowners, commercial films, and other private parties.
What should be done to be the valid waiver of a Constitutional Right?
For the valid waiver of a constitutional right, first, it must appear first that the right exists; secondly, that the person involved had knowledge, either actual or constructive , of the existence of such right; and thirdly, that the said person had an actual intention to relinquish the right. -De Garcia vs. Locsin.
What is statutory due process?
Found in the Labor Code and implementing rules, protects employees from being unjustly terminated without just cause after notice and hearing.
The test of valid exercise of freedom of expression is balancing of interest test. what is it?
Freedom of speech extends to commercial advertisements, but it does not have the same extent of protection as political speech. It may be regulated if it is untruthful and misleading. -lbid
What are Requisites of a Valid Warrant?
GENERAL RULE: Only a judge can issue a warrant for the purpose of determining probable cause according to Sec. 5, Rule 112.
Under international law in concepts, what is Ex aequo et bono(Doctrine of Equity)?
If both parties to a dispute agree, court can decide a case applying equity in precedence to all other legal rules according to Art. 38(2), Statue of International Court of Justice.
What is rationality review?
If neither the strict nor the intermediate scrutiny is appropriate, the statue will be tested for mere rationality. Thus the reasonableness and fairness of the state action and of legitimate grounds of distinction is presummed while subject to challenge.
The test of valid exercise of freedom of expression is dangerous tendency test. What is it?
If the words uttered create a dangerous tendency of an evil which the state has the right to prevent, then such words are punishable according to Cabansag vs. Fernandez
When is a facial challenge to the constitutionality of a law on the ground of violation of the Bill of Rights traditionally allowed? Explain your answer.
In United States (US) constitutional law, a facial challenge, also known as a First Amendment Challenge, is one that is launched to assail the validity of statues concerning not only protected speech, but also other rights in the First Amendment. These include religious freedom, freedom of the press, and the right of the people to peaceably assemble, and to petition the Government for redress of grievances. After all, the fundamental right to religious freedom, freedom of the press and peaceful assembly are but component rights of the right to one's freedom of expression, as they are modes by which one's thoughts are externalized.
Differentiate Private and Government Speech.
In the law of libel and protected speech, a person who gives the public a legitimate interest in his doings, his affairs, and his character, has become a public figure based on Ayer Productions Pty. Ltd vs. Capulong
When is a facial challenge to the constitutionality of a law on the ground of violation of the Bill of Rights traditionally allowed? Explain your answer.
In this jurisdiction, the application of doctrines originating from the US has been generally maintained, albeit with some modifications. While this Court has withheld the application of facial challenges to strictly penal statues, it has expanded its scope to cover statues not only regulating free speech, but also those involving religious freedom, and other fundamental rights. The underlying reasons for this modification is simple. For unlike its counterpart in the US, this Court, under its expanded jurisdiction, is mandated by the Fundamental Law not only to settle actual controversies involving rights which are legally demandable and enforceable , but also to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. -Imbong vs. Ochoa
What is intermediate scrutiny?
Intermediate scrutiny on the other hand involves a situation where the classification, while not facially invidious, gives rise to recurring constitutional difficulties or disadvantages under a quasi-suspect class, it will be treated under intermediate review. The law must not only further an important government interest and be related to that interest. The justification must be genuine and must not depend on broad generalizations.
Under international law in municipal law,what is doctrine of incorporation?
International laws adopted as part of state's municipal law, by a general provision or clause usually in its Constitution. If choice has to be made between international law and municipal law, municipal law should be upheld by the municipal or local courts.
What is the Writ of Kalikasan?
Issued when a constitutional right to a balance a healthful ecology is violated, or threatened with violation by an awful act or omission of a public official or employee, or private individual or entity involving environmental damage of such magnitude as to prejudice the life, health or property of inhibitants in two or more cities or provinces according to Rule 7, Rules of procedure for environmental cases.
When is State Regulation of Different Types of Mass Media constitutional?
It is within the constitutional power of COMELEC to supervise the enjoyment or utilization of franchises for the operation of media communication and information for the purpose of ensuring equal opportunity, time, and space, and the right to reply. -National Press Club vs. Commission on Elections.
In rights of a suspect, what is waiver of right?
It must be in writing and in the presence of counsel. Only the right to remain silent and the right to counsel may be waived and does not include the right to be given the Miranda warnings according to Sec. 12(1), Art. 3.
Under international law, what is rebus sic stantibus of the fundamental principles in treaties?
Justifies the non-performance of treaty obligation if conditions to which parties contracted have change materially and unexpectedly as to create a situation in which exaction of performance would be unreasonable.. According to Art. 62, Vienna Convention on the Law of Treaties.
Under international law, what is rebus sic stantibus of the fundamental principles in treaties?
Justifies the non-performance of treaty obligation if conditions to which parties contracted have changed materially and unexpectedly as to create a situation in which exaction of performance would be unreasonable according to Art. 62, Vienna Convention on the Law of Treaties.
What is Law of fundamental powers of the state?
Law absolutely prohibiting all forms of gambling is a valid exercise of police power, because it is an evil that undermines the social, moral and economic growth of the nation. According to People vs. Punto.
What is Baseline in International law?
Line from which the territorial sea, the contiguous zone and the exclusive economic zone is measured. -Art 5, UNCLOS.
What is Stop-and-frisk rule?
NOTE: The "stop and frisk rule" does not involve warrantless search and seizure. It applies when a police officer sees suspicious activity, which may make him believe a criminal activity is going on and decides to investigate. For his protection, he may stop and frisk the persons involved, because they may be armed. The "stop and frisk rule" is not a search for evidence but a search for weapons for self-protection of the police officer. If in the course of the search, he discovers a crime is being committed, he may then1. make a full warrantless arrest and a warrantless search and seizure according to Luz vs. People.
What is double jeopardy?
No person shall be put twice in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act according to Sec 21, Art 3.
Under international law, what is treatment of aliens?
No state is under obligations to admit aliens. It has the inherent power to determine in what cases and under what conditions it may admit and expel aliens.
A bill was introduced in the House of Representatives in order to implement faithfully the provisions of the United Nation's Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory. Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the provisions of the ground that the provisions of the Constitution defining the Philippines internal waters and territorial sea. Do you agree or not with the said objection? Explain.
No. The UNCLOS is a product of international negotiation which balances State Sovereignty mare clausum) with the principle of freedom of the high seas (mare liberum). It prioritizes the freedom to use the world's marine waters as one of the oldest andmost eminent customary principles of international law. Under the UNCLOS, the coastal State is granted varying degrees of sovereign rights over the different zones of the sea such as the; a. internal waters b. territorial sea c. contiguous zone d. exclusive economic zone; and e. the high seas.
Under international law in concepts, what is obligations erga omnes?
Obligation of every state towards international community as whole. All states have legal interest in its compliance.
Under the law on public officers in ombudsman, what is the general rule of disciplinary power?
Office of the Ombudsman is vested with disciplinary authority over all elective and appointive officials of the government according to Sec. 21, R.A . 6770
Under international law In diplomatic and consular law, what is the diplomatic immunity applicable to W.H.O. officials?
Officials of the World Health Organization enjoy diplomatic immunity and this includes exemption from duties and taxes. Since diplomatic immunity involves a political question where a plea of diplomatic immunity is recognized and affirmed by the Executive Department, it is the duty of the court to accept the claim of immunity. Diplomatic negotiations are privileged in order to encourage a frank exchange of exploratory ideas between the parties shielding the negotiations from public view.
Under international law, what is the state responsibility?
Once state admits an alien, it becomes its obligations to afford protection to that alien. If alien dies/ suffers injury, it may give rise to liability for international tort according to Restatement of the Law, Third, American Law Institute.
What is the warrantless arrests?
Only the leader or organizer can be arrested without a warrant during the rally for holding a rally without a permit, but no person can be arrested for merely participating in or attending the rally if it was peaceful. (Sec.13(a),B.P. Blg. 880) . The rally should be peacefully dispersed. (Sec.12, B.P. Blg.880)
The test of valid exercise of freedom of expression is balancing of interest test. what is it?
Only the original user of cyberspace who posted a libelous statement on cyberspace should be held liable for libel. To penalize those in the social media who share it with others for aiding or abetting the commission of the offense will have a chilling effect on them. Under the culture of the social media, the readers think little or haphazardly of their response according to Disini vs. Secretary of Justice
What is the Right of Confrontation?
Opportunity to test the testimony of a witness by cross-examination.
Under self-incrimination, is ordering the accused to produce a sample of his handwriting to be used as evidence illegal?
Ordering the accused to produced a sample of his handwriting to be used as evidence, to prove that he is the author of a letter in which he agreed to kill the victim is illegal as this will violate his right against self-incrimination.
Under international law, what is the general rule of pacta sunt servanda in the fundamental principles in treaties?
Party must comply with provisions of trety and cannot ignore or modify the same without the consent of the other signatory. According to Art 26, 37, Vienna Convention on the Law of Treaties.
Under international law in concepts, what is Jus cogens?
Peremptory norm of general international law accepted and recognized by the International community from which no derogation is permitted.
What is police power in fundamental powers of the state?
Police power concerns government enactments which precisely interfere with personal liberty or property in order to promote general welfare or the common good. (Edu vs. Ericta) It may said that the interests of the public generally require the exercise of the police power, and that means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. According to Social Justice vs. Atienza.
Under international law in concepts, what is the example in Jus cogens?
Prohibition against use of force by one state against another, torture, racial discrimination, genocide, war crimes, crimes against humanity, slavery and piracy according to Vinuya vs. Honorable Secretary Alberto Romulo.
What is constitutional due process?
Protects the individual from the government and assures him of his rights in criminal, civil, or administrative proceedings. -Agabon vs. NLRC, G.R.
The Philippines and the Republic of Kroi Sha established diplomatic relations and immediately their respective Presidents signed the following: (1). Executive Agreement allowing the Republic of Kroi Sha to establish its embassy and consular offices within the Metro Manila; and (2), Executive agreement allowing the Republic of Kroi Sha to bring to the Philippines its military complement, warships and armaments from time to time for a period not exceeding one month for the purpose of training exercises with the Philippines military forces and exempting from Philippine criminal jurisdiction acts committed in the line of duty by foreign military personnel, and from paying custom duties on all the goods brought by said foreign forces into Philippines territory in connection with the holding of activities authorized under the said Executive Agreement. Senator Maagap questioned the constitutionality of the said Executive Agreements and demanded that the Executive Agreements be submitted to the Senate for ratification pursuant to the Philippine Constitution. Is Senator Maagap correct? Explain.
Ratification by the Senate is not necessary for the Executive Agreement allowing the Republic of Kroi Sha to establish its embassy and consular offices within Metro Manila to be valid. Not being treaties the they are not required to be ratified through the concurrence of the Senate according to Commission of Customs vs. Eatern Sea Trading. However an Executive Agreement such as the one in question allowing the bringing to the Philippine of Kroi Sha's military complement, warships and armaments from time to time for training exercises with the Philippine military forces must be submitted for concurrence of the Senate. This is in line with Sec. 25, Art. 18, of the Constitution which requires Senate ratification even for the temporary presence of foreign troops according to Bayan vs. Zamora.
In self-incrimination clause, what is the right against self- incrimination?
Refers to testimonial evidence and does not apply to the production of a photocopy of the master plan of Camp Aquino, because it is a public record. He cannot object tot the request for him to confirm his custody of the master plan, because he is the public officer who had custody of it.
What is Content-based restraint?
Regulates the message or idea; distorts public debate, improper motivation, imposed out of fear on how people will react to a particular speech according to Osmena vs. Commission on Elections.
What is Content-neutral regulation?
Regulates the time, place or manner without affecting the content according to Osmena vs. Commission on Elections.
Under international law in municipal law ,what is doctrine of transformation?
Requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation, pursuant to Art 7, Sec. 21, 1987 Constitution which provides that "[n]o treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds(2/3) of all the members of the Senate", according to Pharmaceutical and Health Care Assc. vs. Duque3.
What is the exception of the facial challenges and overbreadth doctrine
Since the Constitutional has expanded the scope of judicial power of the Supreme Court, the application of of facial challenge covers all rights protected by the Bill of Rights -Imbong vs. Ocboa, jr.
Under self-incrimination, did officials not being subjected to a criminal penalty can invoke their rights against seal-incrimination?
Since the officials not being subjected to a criminal penalty, they cannot invoke their rights against seal-incrimination unless a question calling for an incriminating answer is propounded.
What is Heckler's Veto?
Situations in which the government attempts to ban protected speech because it might provoke a violent response. The mere possibility of a violent reaction to protected speech is simply not a constitutional basis on which to restrict the right to speak according to Roe vs. Crawford
what is the general rule of facial challenges and overbreadth doctrine
Statue may only be questioned by any party if, as applied to him, the former is unconstitutional.
What is straight baseline method?
Straight lines are made to connect appropriate points on the coast without departing radically from its general direction. -Art. 7, UNCLOS..
Under self-incrimination, is subjecting the body of a person to physical examination violate the right against self-incrimination?
Subjecting the body of a person to physical examination and using the results as evidence against does not violate the right against self-incrimination.
What is normal baseline method in international law?
Territorial sea is drawn from the low-water mark of the coast, following sinousities and curvatures, excluding the internal waters. -Art. 5, UNCLOS..
Under the law on public officers in modes and kinds of appointment, what is prohibited appointment?
The Administrative Code prohibits all appointments in the cities of a relative of the appointing authority within the third degree of consanguinity or affinity. The prohibition applies to all appointments, whether original or promotional according to Debulgado vs. Civil Service Commission.
A bill was introduced in the House of Representatives in order to implement faithfully the provisions of the United Nation's Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory. Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the provisions of the ground that the provisions of the Constitution defining the Philippines internal waters and territorial sea. Do you agree or not with the said objection? Explain.
The Coastal States also have jurisdiction over foreign vessels depending on where it is located. Moreover, the Coastal State exercises sovereignty over its internal waters and territorial sea, subject to the UNCLOS and other rules of international law. This sovereignty includes the air space, sea bed and subsoil over the territorial sea. -Arigo vs. Swift. UNCLOS 3 failed to define the internal and territorial waters of states and only gives the prescribed "water-land ratio, length, and contour of baselines or archipelagic States like the Philippines". "UNCLOS 3 has nothing to do with the acquisition(or loss) of territory". It is a multilateral treaty regulating sea-use rights over marine zones( i.e. the territorial waters, contiguous zone, and exclusive economic zones), as well as the continental shelves.
A bill was introduced in the House of Representatives in order to implement faithfully the provisions of the United Nation's Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory. Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the provisions of the ground that the provisions of the Constitution defining the Philippines internal waters and territorial sea. Do you agree or not with the said objection? Explain.
The Constitution mandates that the vast expense of internal waters described therein as separating the islands of the Philippine Archipelago, without regard to breadth or dimension, are part of state territory and are thus under the sovereignty of the State. This means that they cannot be open to international navigation without the express consent of the State . -Magalona vs. Ermita.
In international law, what is international court of justice?
The Court decides contentious cases and renders advisory opinions. Only states, including non- members of the UN, may be parties in contentious cases. The jurisdiction of the Court is based on the consent of the parties in accordance with the "optional jurisdiction clause", and the Court may decide in interpretation of treaties, any question of international law, the existence of facts constituting breach of international obligations, and the nature or extent of the reparation to be made for the breach of an international obligation. Advisory opinions may be given upon request of the General Assembly, or the Security Council, or the other organs of the UN when authorized by the General Assembly. -Art. 65, Statue of the International Court of Justice0
What is Jurisdiction over Kalayaan Group of Islands and Scarborough Shoal?
The Kalayaan Islands and the Scarborough Shoals are located at an appreciable distance from the nearest shoreline of the Philippine Archipelago. A straight baseline loped around them from the nearest baseline will violate Art. 47(3) and Art. 47 (2) of the UNCLOS 3. Whether the bodies of water lying landward of the baselines of the Philippines are internal waters or archipelagic waters, the Philippines retains jurisdiction over them according to Magallona vs. Ermita.
Under the law on public officers in ombudsman, what is the appointment by the President?
The Ombudsman and his deputies are appointed by the President from a list prepared by the Judicial and Bar Council according to Sec. 9,Art. 11, 1987 Constitution.
Under the law on public officers in accountability of public officers, what is ombudsman?
The Ombudsman and his deputies, as protectors of the people, are mandated to act promptly on complaints filled in any form or manner against officers and employees of the Government or of any subdivision, agency or instrumentality thereof, including government-owned and controlled corporations according to Sec. 12, Art. 11, 1987 Constitution.
Under the law on public officers in modes and kinds of appointment, what is permanent appointment?
The President, Vice President, the Members of the Cabinet, and their deputies or assistants shall not, during said tenure, directly or indirectly, practice in any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations on their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office according to Sec. 13, Art. 7, 1987 Constitution.
What is substantive due process?
The intrinsic validity of a law that interferes with the rights of a person to his property. -Ynot vs. Intermediate Appellate Court
Under international law, what is diplomatic powers in a treaty vs. in an executive agreement in the fundamental principles in treaties?
The authority of the president to enter into an executive agreement is an executive power. An executive agreement becomes effective without the occurrence of the legislature according to USAFFE Veterans Association Inc. vs. The Treasurer of the Philippines. The President makes treaties with the advice and consent of the senate; but he alone negotiates according to Memorandum Circular No.89, S-1988.
Under international law, what is nationality?
The character, status or condition with reference to the rights and duties of a person as a member of a state or nation rather than another according to Bouvier's Law Dictionary, 3rd Edition, 1914.
What is procedural due process?
The compliance with the procedures or steps, even periods, prescribed by the statue, in conformity with the standards of fair play and without the arbitrariness on the part of those who are called upon to administer it. -Tupas vs. Court of Appeals.
What is Presumption of Innocence, when not applicable?
The constitutional presumption will not apply as long as there is some logical connection between the fact proved and the ultimate fact presumed, and the inference of one fact from proof to another shall not be unreasonable as to be purely arbitrary mandate according to People vs. Burton.
What is continental shelf?
The continental shelf gives the coastal Statue rights to explore and exploit the resources by operation of law.
What is exclusive economic zone?
The economic zone extends 200 nautical miles from the baselines of the territorial sea and allows for the coastal state to exploit, conserve and manage the natural resources of the waters subjacent to the sea-bed and its sub-soil and economic exploitation and exploration, such as the production of energy.
The test of a valid exercise in freedom of expression is clear and present danger test. What is it?
The evil consequence of the speech must be extremely serious and the degree of imminence extremely high before it can be punished.-lbid
What is the free exercise clause in freedom of religion?
The exercise of religious freedom includes the right to disseminate religious information.
Under international human rights law, what is universal declaration of human rights?
The first comprehensive catalogue of human rights proclaimed by an international organization; is not at treaty and not obligatory. As a resolution, it is merely recommendatory.
What is neutrality in international law?
The formal position taken by a State which is not participating in an armed conflict or which does not want to become involved. On the one hand,, the neutral State has the right to stand apart from and not be adversely affected by the conflict. On the other hand, it has a duty of non-participation and impartiality. -The Law of Armed Conflict Impartiality.
What is the hierarchy of civil liberties
The freedom of expression and the right of peaceful assembly are superior to property rights according to Phil Blooming mills
What is Right to Speedy, Impartial and Public Trial?
The grant of the motion for postponement would not have violated the right of the accused to speedy trial. Since the motion for postponement was the first one requested, the need for the offended party to attend to a professional commitment is a valid reason, no substantial right of the accused would be prejudiced, and the prosecution should be afforded a fair opportunity to prosecute its case. (People vs. Leviste) The dismissal of a criminal case predicted on the right of the accused to a speedy trial amounts to an acquittal for failure of the prosecution to prove his guilt and bars his subsequent prosecution for the same offense. According to Caes vs. Intermediate Appellate Court.
What is Libel of public figures?
The guarantee of freedom of speech and press prohibit a public official or public figure from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that it was made with knowledge that it was false or with reckless disregard of whether it was false or not. -Borjal vs. Court of Appeals.
What is the State Regulation of Different Types of Mass Media?
The gurantee of freedom of speech is a limitation on state action and not on the action of private parties .The mass media are private enterprises, and their refusal to accept any advertisement does not violate freedom of speech. Government entities and officers, they are bound by the guarantee of freedom of speech. Freedom of speech extends to commercial advertisements according to Carvey vs. Population Services International.
What are the elements of valid seizure based on the "plain view" doctrine?
The judge was caught in flagrante delicto as he was placing the bundles of money under the driver's seat of his car, and the money was seized by the NBI agents, it was held that there was no need for a warrant to seize the fruits of the offense, the seizure being incidental to a lawful arrest. The same rule was applied in People vs. Catan, 205 SCRA 235 [1992], where a "buy-bust operation" was made at the house of the accused and, was arrested and a search was made of the premises. According to Office of Court Administrator vs. Barron.
What is liberty of adobe and freedom of movement?
The liberty of adobe and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. According to Sec.6, Art. 3.
What is police power in fundamental powers of the state?
The most essential, insistent and the least limitable of (government) powers, extending as it does to all the great public needs, is police power.
Under the law on public officers in ombudsman, what is investigative power?
The ombudsman can investigate crimes or offenses committed by public officers which are not connected with the performance of their duties according to Deloso vs. Domingo.
What is Overbreath doctrine
The overbreadth doctrine decrees that a government purpose may not be achieved by a means of a statue which sweeps unnecessarily and thereby, invades the area of protected freedom.
Under international law, what is the exception of pacta sunt servanda in the fundamental principles in treaties?
The peremptory norms of international law known as "jus cogens", which means compelling law.
In international law, what is international court of justice?
The principal judicial organ of the UN; composed of 15 members elected for the term of nine years by absolute majority vote in the General Assembly and the Security Council, in separate elections, no two of whom must be of high moral character and possess the qualifications required in their respective countries for appointment to their highest judicial officers or are jurisconsults of recognized competence in international law. The seat of the International Court of Justice is at The Hague, Netherlands. - Art. 1-3
What is the State Regulation of Different Types of Mass Media?
The prohibition of posting of decals and stickers on "mobile" places is unconstitutional. It curtails the freedom of expression of individuals who wish to express their preference for a candidate by posting decals and stickers on their cars and to convince others to agree with them according to Adiong vs. Commission on Elections.
The test of valid exercise of freedom of expression is balancing of interest test. what is it?
The public interest sought to be protected and the social value and importance of the freedom are to be judged by a range of factors such as: 1. The social values and importance of the speech 2. The specific thrust of the restriction, whether it is direct or indirect, and whether the persons affected are few; 3. The nature and gravity of the evil sought to be prevented; 4. Whether restriction is appropriate and necessary; and 5. Whether the public interest maybe safeguarded by other less restrictive means.
What is Assistance of Counsel?
The right to counsel attaches upon the start of the investigation, i.e, when the investigating officer starts to ask questions to elicit information or confessions or admissions, from the respondent/ accused. According to Gamboa vs. Cruz
In rights of a suspect, what are the requisites for the admissibility of an extrajudicial confession?
The rights guaranteed by Sec 12, Art 3 of 1987 Constitution applies only against testimonial evidence. An accused may be compelled to be photographed or measured, his garments may be removed and his body may be. examined
What is the rule of taxation of fundamental powers of the state?
The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation. According to Sec 28(1), Art. 6, a tax is progressive when the rate increases as the tax base increases.
what is the rule in prohibited appointments on nepotism?
The rule on nepotism does not apply to designations made in favor of a relative of the authority making the designation: Designation accomplishes the same purpose as appointment according to Laurel vs. Civil Service Commission.
Which of the 3 levels of test should be applied in equal protection case? Explain.
The strict scrutiny test should be applied because here the challenged classifications restricts the political process.
What is territorial sea?
The territorial sea measures 12 nautical miles from the baselines. The archipelagic state may draw straight archipelagic baselines from the outermost islands of the archipelago, but it should not depart by any appreciable extent from the general configuration by more than 3 % of the total number of baselines. -Magallona vs. Ermita.
What are the three(3) levels of tests that are applied in equal protection cases?
The three levels of test applied in equal protection cases are the strict scrutiny review, the intermediate scrutiny review and rationality review.
What are the three(3) levels of tests that are applied in equal protection cases?
The three levels of tests are as follows: the strict scrutiny test for laws dealing with freedom of the mind or restricting the political process; the rational basis standard for the review of economic legislation; and heightened or intermediate scrutiny for evaluating classifications based on gender and legitimacy according to White Light Corporation, Titanium Corporation and Sta. Mesa Tourist Development Corp. vs. City of Manila.
What is Stop-and-frisk rule?
The validity of the search as akin to "stop-and-frisk" which, in the landmark US case, Terry vs. Ohio, was defined as the vernacular designation of the right of a police officer to stop a citizen on the street, interrogate him and pat him for weapons whenever he observes unusual conduct which leads him to conclude that the criminal activity maybe afoot. -Manalili vs. Court of Appeals.
Around 12:00 midnight ,a team of police officers was on routine patrol in Brgy. Makatarungan when it noticed an open delivery van nearly covered with banana leaves. Believing that the van was loaded with contraband, the team leader flagged down the vehicle which was driven by Hades. He inquired from Hades what was loaded on the van. Hades just gave the police officer a blank stare and started to perspire profusely. The police officers, then told Hades that they will look inside the vehicle. Hades did not make any reply. The police officers then lifted the banana leaves and saw several boxes. They opened the boxes and discovered several kilos of shabu inside. Hades was charged with illegal possession of illegal drug. After due, proceedings, he was convicted by the trial court. On appeal, the Court of Appeals affirmed his conviction. In his final bid for exoneration, Hades went to Supreme Court claiming that his constitutional right against unreasonable searches and seizures was violated when the police officers searched his vehicle without a warrant that the shabu confiscated from him is thus inadmissible in evidence; and that there being no evidence against him, he is entitled to an acquittal. For its part, the People of the Philippines maintains that the case of Hades involved a consented warrantless search which is legally recognized. The People adverts to the fact that Hades did not offer any protest when the police officers asked him if they could look inside the vehicle. Thus, any evidence obtained in the course thereof is admissible in evidence. Whose claim is correct? Explain.
This is situation of illegal warrantless search. There was no probable cause to justify the search of van. Moreover the shabu was not immediately apparent having been discovered only after they opened the boxes. Mere passive silence cannot be construed to constitute consent to the warrantless search, according to Caballes vs. Court of Appeals.
what is the scope and concept of freedom of expression
This right occupies the highest preferred position in the hierarchy of civil rights. according to Diocese Bacolod vs. Comelec
What is the free exercise clause in freedom of religion?
To compel students to take part in the flag ceremony when it is against their religious beliefs will violates the duty of the state under Sec. 1 Art. 14, 1987 Constitution to protect and promote the right of all citizens to quality education and make such education accessible to all.
Under international law, what is pacta sunt servanda of the fundamental principles in treaties?
Treaties must be observed in good faith. -Art 26, Vienna Convention on the Law of Treaties
What is Trial in Absentia?
Trial may proceed despite the absence of the accused.
What is Territorial Sea in International Law?
Twelve(12) nautical miles from baseline. State has sovereignty. Ships have "right of innocent passage".
What is the exclusive economic zone in law of the sea in international law?
Two hundred (200) nautical miles from baseline. Coastal state has sovereign rights for purposes of exploring and exploiting, conserving and managing the natural resources, the seabed and subsoil according to Sec. 18, P.D. 1599.
In the rights of the suspect, who can assert such right?
Under Sec 12, Art 3, the confession is inadmissible only against the one who confessed. Only the one whose rights were violated can raise the objection as his right is personal.
What is Miranda Rights?
Under Section 12, Art 3 of the 1987 Constitution, he has the right to remain silent. His silence cannot be taken as a tacit admission; otherwise, his right to remain silent would be rendered nugatory. Considering that his right against self-incrimination protects his right to remain silent, he cannot be penalized for exercising it. According to People vs. Galvez.
What is strict scrutiny review?
Under strict scrutiny review, if the legislative classification disadvantages a subject class or impinges upon a fundamental right, the statue must fall unless the government can show that the classification serves a compelling governmental interest.
Under the limitations in liberty of adobe and freedom of movement, what is the right to travel?
Upon lawful order of the court and by administrative authorities; e.g. national security, public safety or public health and any person on bail.
Under the limitations in liberty of adobe and freedom of movement, what is the liberty of adobe?
Upon lawful order of the court.
What is Internal Waters?
Waters on the landward side of the baselines. No right of innocent passage. -Art, 8. UNCLOS.
what is void-for-vagueness doctrine?
When a statue forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess as to its meaning and differ as to its application, the law is deemed void. Such kind of statue violates the first essential requisite of due process of law because it denies the accused the right to be informed of the charge against him.
What is private property of fundamental powers of the state?
When private property is rendered uninhabitable by any entity with the power to exercise eminent domain, the taking is deemed complete. Taking occurs not only when the government actually deprives or dispossesses the property of owner of his property or its ordinary use, but also also when there is a practical destruction or material impairment of the value of the property.
The test of valid exercise of freedom of expression is balancing of interest test. what is it?
When two legitimate values not involving national security crimes compete.
What is the exception of the facial challenges and overbreadth doctrine
While the Constitution authorizes the Commission on Elections to regulate the mass media during the election period to ensure equal opportunity to candidates, its scope does not include prohibiting private persons from posting decals and stickers in their moving vehicles to express their support for candidates and their platforms, programs and ideologies and to convince others to vote for them. - Adiong vs. Commission on Elections
Under international law, what are the limitations of rebus sic stantibus in the fundamental principles in treaties?
a. Applies only on treaties of indefinite duration; b. Vital change claimed as justification for discontinuance of the treaty must be unforseen or unforseeable; c. Must not caused by party invoking the doctrine; d. Must be invoked within a reasonable time for occurrence of change asserted; and e. Cannot operate retroactively.
In limitations on the power of taxation, what are the constitutional limitations?
a. Due process b. Equal protection of law c. Uniformity, equitability and progressivity d. Non-impairment of contracts e. Non-imprisonment for non-payment of poll tax f. Revenue and tariff bill must originate in the House of Representatives g. Non-infringement of religious freedom h. Tax exemption of revenues and assets of educational institutions.
What are the inherent powers of the state?
a. Police power b. Power of Eminent Domain; and c. Power of Taxation
In limitations on the power of taxation, what are the inherent limitations?
a. Public purpose b. Non-delegability of power c. Situs of taxation d. Exemption of government from taxation; and e. International comity.
what is the scope and concept of freedom of expression
art. 3, Sec 4 that no law shall be passed abridging the freedom of expression or the press or the right pf the people peaceably to assemble and petition the government for redress of grievances
What is the hierarchy of civil liberties with regard to the chilling effect
chilling effect is used in the area of constitutional litigation affected protected speech- southern hemesphere engagment network
