Political Law
Political Law Ratification- sovereign act vested, reject or to
approve. Ratificatory process is Sec. 4 Art. 17
a. Black Law’s definition- branch of
jurisprudence Revised
b. Supreme Court definition- branch of
a. Congress
public law
b. Con Con- call con con by 2/3 of vote,
Philippine Political Law- structure and power submit to electorate
Administrative Law- regulate, determine Amend
Election Law- law, rules and proc., allocated to a. Congress
b. ConCon
Law of Public Officers- cmd, eligibility, manner,
c. PPL initiative
appointment, rights, mode
People’s initiative- power to purpose amend,
Law on Mun. Corp.- general principles, law
propose amen, propose or enact legislation
affecting cog, scope and application
through an election called purpose.
Constitution
a. Cooley- body of rules
Element of Valid Petition
b. Supreme Court- written instrument
c. Marcos v. Manglapus- law for rules and 1. Written petition
people 2. Atleast 12 per centum of total
registered voters as signatories
Basic Principles of Constitution
3. Of 12 per centum, each legislative
1. Supreme Law of Land- sovereign district must be represented by 3 per
capacity, more superior, people’s rep centum of reg voters
2. Symbol and monument of ppl will- 4. Draft of proposed amend must be
submitted for ratification, sovereignty embodied in the petitiom
resides
3. Outlines the infrastructure- SC Con def
4. Obeyed by all- poor, governed, mighty, Due Process of Law
5. Ultimate guardians- implements,
Darmonth v. Wordward- hears
certainly give just and fair
US v. Lu Fan- HAREA
Revision-rewriting and overhauling
Harmony, Reasonable, Enforced, Applicable
Amendment-change or alteration for the
better/ wc will bring improvement Purpose- PRE SAU PROLE
Proposal- motion of initiating suggestion or Prevent, Secure Arbitrary, Protect Legislative
proposal Enactment
a. By congress- ¾
b. People’s initiative
Substantive Due Process- PAV OLA VO Search and Seizure
guarantee, more specific concern, procedural 1. secure in persons, houses, papers and
formalities, proper exercise of legislative power effects of whatever nature and any
purpose
Passed/ approved valid, objective lawful, valid
2. no search warrant, probable cause,
not oppressive
determined personally, after examination,
Procedural Due Process- regular methods and under oath or affirmation, complainant or
procedure, must be fair, guaranty fair trial, witness he may produce, describing the
mode of proceeding app., boards bodies, place to be search and the persons t be
tribunals seized
3. no warrant of arrest
PDP in Judicial Proceedings- ICH LA GI RE
Privacy of Communication and
1. Impartial court or tribunal, clothed,
hear matter
Correspondence
2. Jurisdiction Lawfully acquired Inviolable except upon lawful order of the
3. Given opportunity to be heard court or when public safety or order
4. Rendered upon lawful hearing
requires it otherwise as prescribed by the
law.
PDP in Administrative Proceedings-
RI CO SOM SU RE AFA AVARE Coverage
1. Right to hearing a. tangible- STeLCaTeC
2. Consider the evidence presented b. intangible- RA 4200 by means of tape
3. Something to support itself recorder
4. Substantial (evidence)
MEANING- FRE PRO BLA FA
5. Judgment Rendered on the evidence
presented at the hearing, contained in Freely utter and publish, may please
the Record and disclosed to the parties
affected Protected from [Link] doing so
6. Act on its own ind. consideration, Facts From their blasphemy, obscenity and
of controversy, not simply Accept views scandalous character- public offense
from subordinate
7. All controversial question, render in Falsehood or malice – injuriously affect the
such parties to proc. can know the standing reputation of pecuniary int. of ind.
VArious issues involved and the REason
for the decision rendered
Included in freedom of expression- SAPRAR
Included in the speech and expression
UPELA DIRAECDI
1. right to utter, print and publish 2. access off. RDP pertaining to official
2. peaceful picketing acts, transactions and decisions as well
3. lawful strike as to government research data used as
4. disseminate info concerning facts about basis for policy development
labor dispute
5. expression by means of Radio, tv, and
motion pic strength- active support and cooperation-
6. express grievances against gov, criticize choose and elect officers-
affairs
7. display posters, notices, flags and lie the sovereign will and authority-
banners undoubtedly entitled to know (served,
government, properties)
Press- Newspapers, books, journals, magazine
on toes to speak- vigilant public
sooner or later- public scrutiny- cautious,
Freedom of Religion careful, transparent
constitution guarantees the freedom to believe,
this is being absolute. What is regulated and
Right of Association
subject to police power is when belief- action
and that action performed is harmful to the The right of the people including those (1)
better rights of others employed in the public or private sectors to
form (2) unions, associations and societies for
a. broad sense- any form of belief
purposes not contrary to law shall not be
b. Aglipay v. Ruiz- profession of faith,
abridged.
active, binds and elevates
c. restricted sense- system of bwp, not Part and parcel of the freedom of expression
nec in existence of God, philo or way of and assembly and it is subject to limitations and
life detached from any reverence or dominant police power of the state
obedience in God
Does not compel to associate with anyone, nor
to attend or not to attend in meetings, to vote
or not to vote in election of officers in IBP. The
Liberty of Abode and Travel- subject to
only compulsion is the payment of annual dues.
police power Even if the bar compels a lawyer to pay his
Meaning- have, maintain or change hdrh, in annual dues it is justified as a valid exercise of
whatever place he has chosen within in the police power of the state. Admission to the bar
limits prescribed, and to go where he pleases is not a right but a privilege.
w/o interference, except interest of national
security, public safety and public health prov. By
law Taking of Private Property for Public Use
Private property can taken from its owner but
with the following conditions: PU JU DU SH
Right to information
1. taken for public use
1. on matters of public concern
2. paid in just compensation of police power of the state. Besides it is within
3. due process of law shall be observed the power of the legislature to enact laws.
while taking property
4. taking shall only be exercised by the
state or to whom the power has been Free Access to Courts and Quasi-Judicial Bodies
lawfully delegated and Adequate Legal Assistance
Public Use- public benefit, advantage or utility, A hungry man – law of survival
authorize the power of eminent domain
Oppressed and victim of injustice- forgets
Just Compensation- fair and full equivalent of
loss sustained. Market value added to Both- suffers more, liable to run amuck, lose his
consequential damages, from consequential last hope
benefit. RA 7160 amount paid for expropriated Indigent party- authorized by court, prosecute
prop shall be determined by proper court based action and defense, as an indigent upon ex
on fair market value at the time of taking parte app. And hearing showing he has no
property. money or property sufficient and available for
Fair Market Value- price at which willing seller food, shelter and basic necessities for himself
would sell and buyer would buy neither being and his family.
under normal pressure Pauper- a person so poor, that he must be
supported at public expense.
Prohibition Against Impairment of OBLICON
What are those prohibited? Right to remain silent and to have competent
and independent counsel
1. Article 1306- may establish sctco as may
deem convenient provided they are not 1. Right to remain silent- refuse to answer
2. Article 1311- Contracts take effect only any question, silence may not be used
between parties and their assigns and 2. Right to counsel- competent and ind.
heirs Counsel preferably his own choice. To
3. Freedom of contract is both preclude the slightest coercion as it
constitutional and statutory right- would lead the accused to admit
move w necessary caution and something else.
prudence in holding contract void. 3. Right to be informed of one’s right- not
4. Obligations arising from contracts- force enough to repeat the prov. Explain
of law, complied in good faith effects in practical terms. Explain
meaningful info rather than ceremonial
and perfunctory recitation of abstract
constitutional principle
Points to remember
Parties have no vested right in particular
remedies or procedure because it is an exercise
Right to Bail 1. Presumed innocent
2. Right to be heard by himself and
Before conviction- allowed to bail by sufficient counsel
sureties; released on recognizance as may be 3. Informed of the nature and cause of
provided by law accusation
Shall not apply to those charged with offenses 4. Speedy, impartial and public trial
punishable by reclusion Perpetua when 5. Meet the witness face to face
evidence of guilt is strong. 6. Compulsory process
7. Secure attendance of witnesses and
Not only provisional liberty but also chance to production of evidence
prepare trial while continuing to work. Bail
posted is an insurance that he will attend the After arraignment trial may proceed
court proceedings esp. when his presence is notwithstanding the absence of accused
required. provided he
Purpose is to relieve accused from Has been duly notified
imprisonment until his conviction and at the Failure to appear is unjustifiable
time of appearance at the trial is secured.
Habeas Corpus
Bail- security given, release of person,
furnished, conditioned, as required under the Writ directed person detaining another
condition herein specified
Commanding him to produce the body of pris.
Bail Bond- obligation given by accused, w/ 1 or
At a certain time and place with the day and
more sureties w/ the condition to be void upon
cause of detention
the performance of such acts he may be legally
required to perform To do, submit to, receive whatsoever the court
or judge awarding the writ shall consider behalf
1. Corporate Surety
2. Property Bond TO WHAT IT EXTENDS- except as otherwise
3. Cash Deposit provided by law the writ shall extend to all
4. Recognizance cases of illegal confinement by w/c any person
is deprived of liberty and rightful custody of
Recognizance- bond or similar obligation made
person is withheld from the person entitled
and recorded before a court by which a person
thereto. \
binds himself to perform some act or fulfill
some condition at a specific time.
Speedy Disposition of cases before all quasi-
Due Process in Criminal proceedings judicial or administrative bodies
Rights of the accused in criminal proceedings
PRISMeCoS Speedy Trial- provided under Art 3 Sec 14(2)
of the 1935 Constitution
Pertains only to criminal prosecutions at 2. Protect the witness from committing
trial stage perjury because the first law of
nature is self-incrimination
Speedy Disposition of Cases- provided
under Art 4 Sec. 16 of 1973 Constitution Freedom of Political Belief and Freedom
and now in Art 3 Sec 16 of the 1987 against involuntary servitude
constitution
One is forced to work to another against his
Covers all phases of proceedings whether will, whether he is paid or not.
judicial, quasi-judicial and administrative.
It is permissible bc of the following: PURENE
This is broader than speedy trial and applies
to civil, criminal and administrative cases. 1. Punishment for a crime whereof
party is duly convicted
2. Required to defend the state
Right against self- incrimination 3. Needed under principle of posse
commitatus
Mandatory and substantive right
Public policy- place witness against
strongest temptation to commit perjury Right Against Excessive Fines, degrading or
inhuman punishment
Humanity- extort confession of truth by
kind of duress every specie and degree of Fine is excessive- nature of violation and
which the law abhors fine is disproportionate
Art 3 sec 1- any person under investigation Exceeds the utmost limit of punishment w/c
for the commission of an offense shall have vindication of law demands
the right to be informed of the right to
Punishment- flagrantly and plainly
remain silent
oppressive, wholly disproportionate to the
Sec 2- No torture, force, violence, treat, nature of offense as to shock moral sense of
intimidation or any other means which community or when it involves torture or
vitiate the free will shall be used against lingering death
him.
Sec 3- any confession or admission obtained
Right Against Imprisonment for Debt or
in violation of this section or sec 17 shall be
non-payment of a poll tax
inadmissible in evidence against him.
Tax of fixed amount upon all persons or
Purpose of privilege
upon all persons of class, resident within a
1. To prevent accused from being specific territory, without regard to their
coerced whether physically, morally property or occupation on which they may
or psychologically into incriminating be engaged.
himself
Double Jeopardy 3. Changes the punishment and inflicts
greater punishment than the law
Acquitted, convicted, case against him is
annexed to the crime when
dismissed or terminated w/o his express
committed
consent by a court of competent jurisdiction
4. Alters the legal rules of evidence
upon a COI or when formal charge sufficient
and authorizes conviction upon less
in form and substance to sustain a
or different testimony than the law
conviction and after the accused has
required at the time of commission
pleaded to the charge, the conviction or
of an offense
acquittal of the accused or the dismissal
5. Assuming to regulate the civil rights
shall be a bar to another prosecution for the
and remedies only in effect imposes
same offense.
penalty or deprivation of a right for
After the said conviction, acquittal, or something which when done was
dismissal and the said elements are being lawful
present , double jeopardy can be invoked to 6. Deprives a person accused of crime
defeat a second prosecution for the same of some lawful protection to w/c he
offense. has become entitled such as the
protection of a former conviction or
What requisites constitute double jeopardy
acquittal or proclamation of
VA CO PLE AC amnesty
1. Valid COI PROHIBITION APPLIES ONLY TO
2. COI must be filed in court of
1. Criminal legislation which affect the
competent jurisdiction
substantial right of the accused
3. Accused has pleaded guilty of the
2. Criminal procedural law prejudicial
charge
to the accused
4. Accused has been acquitted or the
case has been dismissed or Bill of Attainder- legislative act which inflicts
terminated without his express punishment without judicial trial
consent
Characteristics
1. Convictions and sentence
Right against Ex Post Facto Law and Bill of pronounced by legislative
Attainder department
2. determined by no previous law or
MACAReDe
fixed rule
1. Makes criminal an act before the 3. The investigation of guilt of accused
passage of the law and innocent if any such were made was not
when done and punishes such an act generally conducted in his presence/
2. Aggravates a crime, or makes his counsel and no recognized rule
greater than it was committed of evidence governed the inquiry.
Criminal Law Article 11- Justifying Circumstances
Classical Thought
Positivist
Basic Principles of Criminal Law-
Who incurs criminal liability Article 12- Exempting Circumstances
Stages
1. Attempted
2. Frustrated
3. Consumated
Article 13- Mitigating Circumstances
Notes
1. Circumstances that modify or affect
criminal liability
2. 6 justifying circumstances
3. Imp. Discussion to remember
4. Burden of proof
5. Defendant must rely on the strength
of his evidence
6. Distinction between Justifying and Article 14- Aggravating Circumstances
Exempting Cir
Note 1.
Note 2.
Note 3.
7. Mitigating Circumstances
8. Aggravating circumstances
9. Kind of aggravating circumstances
10. What should be alleged and proven
11. Alternative circumstances Article 15- Alternative Circumstances
12. Who are criminal liable?
Principals
Accomplices
Accessories
Modification of penalty for the violation of
Points to Remember modification of BP BLG 22
