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Due process does not always require a trial type proceeding. It is satisfied when a
person is notified of the charge against him and given an opportunity to explain or
defend himself (Dr. Fernando A. Melendres M.D., Executive Director of the Lung
Center of the Philippines [LCP] vs. President Anti-Graft Commission, et al., G.R. No.
163859, August 15, 2012).
What is the effect if evidence is obtained through unreasonable search and seizure?
Prior justification for intrusion or prior lawful intrusion is not an element of an arrest
in flagrante delicto. Thus, even granting arguendo that the apprehending officers had
no legal right to be present in the dwelling of Sultan, it would not render unlawful the
arrest of Ambre, who was seen sniffing shabu with Castro and Mendoza in a pot
session by the police officers. (Ambre v. People, supra)
Public officers: Administrative liability is separate and distinct from penal and
civil liability.
o Under the threefold liability rule, any act or omission of any public
official or employee can result in criminal, civil, or administrative liability, each
of which is independent of the other.
o
It is a fundamental principle of administrative law that the administrative
case may generally proceed against a respondent independently of a criminal
action for the same act or omission and requires only a preponderance of
evidence to establish administrative guilt as against proof beyond reasonable
doubt of the criminal charge.
(Dr. Fernando A. Melendres M.D., Executive
Director of the Lung Center of the Philippines [LCP] vs. President Anti-Graft
Commission, et al., G.R. No. 163859, August 15, 2012.)
It is already well-settled that the power of the Ombudsman to determine and impose
administrative liability is not merely recommendatory but actually
mandatory.
o the fact [t]hat the refusal, without just cause, of any officer to comply with
[the] order of the Ombudsman to penalize an erring officer or employee is a
ground for disciplinary action [under Section 15(3) of RA No. 6770]; is a strong
The provisions of Art. 38 of ICJ Statutes will not prejudice the Court to decide the
case ex aequo et bono, if the parties agree thereto. (2 nd par. of Art. 38 of ICJ
Statute)
The sources of law in international law refer to those norms derived from
international conventions or treaties, customs, and general principles of
law.
What is a treaty?
What is genocide?
The International Criminal Court has jurisdiction over war crimes when it is
committed as part of a plan or policy or as part of a large-scale commission
of such crimes.
Jurisdiction ratione temporis means that the Court has jurisdiction only with
respect to crimes committed after the entry into force of this Statute.
o
o
o
o
o
o
IN THE CASE OF THE PHILIPPINES, for WHICH the Rome Statute entered into
force only on Nov, 1, 2011. Art. 11 sec. 1 and 2, of the Rome Statute
says any crimes which are cognizable by it under its subject matter
jurisdiction cannot be brought to it if they occurred before the
Statutes entry into force with respect to that state.
An exception is if it made a declaration under Article 12, para. 3, to wit:
Art. 12 (3). If the acceptance of a State not a Party to this
Statute
-by declaration lodged with the Registrar, accept the exercise of
jurisdiction by the Court with respect to the crime in question
Under Art. 17 of the Rome Statute, the Court only has jurisdiction over cases where
the relevant state is unwilling or unable to investigate and, if appropriate, prosecute
the case itself.
o IN THE PHILIPPINE CONTEXT:
Republic Act 9851 the Philippine Act on Crimes Against International
Humanitarian Law gives our local authorities, in the interest of
justice, an option to dispense with the investigation or prosecution
[if an] international tribunal is already conducting the investigation or
undertaking the prosecution of such crime.
Under the 2nd paragraph of the said law, the authorities may surrender
or extradite suspected or accused persons in the Philippines to the
appropriate international court, if any, or to another State pursuant to
the applicable extradition laws and treaties.
It means parent of the country. The State acts as the guardian or persons under
disabilities.
Consent may be given expressly or impliedly. There is express consent when it gives
by way of general law. It is implied consent when it filed a suit or when it enters into a
contract in the exercise of its proprietary capacity.
No, for the consent to be effective, it must be given by the State through a duly
enacted statute.
It is a doctrine where the generally accepted principles of international law are made
part of the law of the land either by express provision of the Constitution or by means
of judicial declaration of fiat.
It means a general and consistent practice of states followed by them from a sense of
legal obligation (opinion juris)
It is the power of the State to require all able bodied citizens to perform civic duty to
maintain peace and order.
What is the effect if a public official is guilty for unlawful expenditures of government funds?
Section 103 of P.D. 1445 declares that expenditures of government funds or uses of
government property in violation of law or regulations shall be a personal liability of
the official or employee found to be directly responsible therefor. (Arnold D. Vicencio
v. Hon. Reynaldo A. Villar, et al., G.R. No. 182069, July 3, 2012)
The examination of witnesses must be done orally before a judge in open court. This
is true especially in criminal cases where the Constitution secures to the accused his
right to a public trial and to meet the witnessess against him face to face. The
requirement is the "safest and most satisfactory method of investigating facts" as it
enables the judge to test the witness' credibility through his manner and deportment
while testifying. It is not without exceptions, however, as the Rules of Court
recognizes the conditional examination of witnesses and the use of their
depositions as testimonial evidence in lieu of direct court testimony. (Go, et
al. v. The People of the Philippines and Highdone Company, Ltd., et al., G.R. No.
185527, July 18, 2012.)
When the right to privacy finds tension with a competing state objective, the courts
are required to weigh both notions. In these cases, although considered a
fundamental right, the right to privacy may nevertheless succumb to an
opposing or overriding state interest deemed legitimate and compelling.
(Gamboa v. P/Ssupt. Marlou C. Chan, et al., G.R. No. 193636, July 24, 2012)
What are the bases of the calling out powers of local executives?
Impeachment refers to the power of Congress to remove a public official for serious
crimes or misconduct as provided in the Constitution. (Corona v. Senate of the
Philippines sitting as an Impeachment Court, et al., G.R. No. 200242, July 17, 2012)
Does the vice mayor has the inherent authority to enter into contracts?
Under this provision (sec. 456 of the LGC), therefore, there is no inherent authority on
the part of the city vice-mayor to enter into contracts on behalf of the local government unit,
unlike that provided for the city mayor. Thus, the authority of the vice-mayor to enter into
contracts on behalf of the city was strictly circumscribed by the ordinance granting it.
(Vicencio v. Villar, G.R. No. 182069, July 03, 2012)
What is the effect of disqualification before and after assumption of public office?
Before assumption to office, any candidate who has been declared by final judgment to be
disqualified shall not be voted for, and the votes cast for him shall not be counted.
There is no exceptional circumstance present in this controversy similar to that proved in the
Antonio case, aforecited, where the COMELEC as well as the Court found "precipitate
canvassing, terrorism, lack of sufficient notice to the Board, and disregard of
manifest irregularities in the face of the questioned returns" to justify the summary
annulment of the canvass and the annulment of petitioner Antonios proclamation.
(Sebastian v. COMELEC)
When is search warrant considered valid?
A search warrant, to be valid, must particularly describe the place to be searched and the
things to be seized. The officers of the law are to seize only those things particularly
described in the search warrant.
When privacy of communications and correspondence be violated?
As provided under the present Constitution, it shall be inviolable except upon lawful order of
the court or when public safety or order requires otherwise as prescribed by law.
Is the freedom of expression absolute?
No. It is subject to the police power of the State, for the protection of public peace, morals,
order, safety and general welfare.
What is the nature of clear and present danger rule?
Under this rule, there must be substantial evil which must be serious and the
degree of occurrence is imminent.
What are the two aspects in the freedom of religion clause?
Non establishment clause and free exercise clause
Non establishment clause is violated when the State uses its rights, authority, funds
and resources behind an activity that is essentially and intrinsically religious.
Free exercise clause is violated when the element of coercion is present