Category Archives: Elections and Constitutional Law

Voting Guidelines for the 2016 Elections (Gabay sa Pagboto: 2016 National and Local Elections)

[Note: The Commission on Elections (COMELEC) issued a set of guidelines to help voters during the 2016 National and Local Elections. We are reproducing the guidelines to assist in disseminating this important information. Here’s the full text of the “Gabay sa Pagboto: 2016 National and Local Elections” released by the COMELEC.] Continue reading

Rules and Regulations on the Liquor Ban in Connection with the May 9, 2016 National and Local Elections (COMELEC Resolution No. 10095; Full Text)

[Note: The Commission on Elections (COMELEC) issued Resolution No. 10095, or the Rules and Regulations on the Liquor Ban in Connection with the May 9, 2016 National and Local Elections. The liquor ban will be in force on the day before the election (May 8, 2016) and on election day (May 9, 2016). On these days, it will be unlawful for any person, including owners and managers of hotels, resorts, restaurants, and other establishments of the same nature, to sell, furnish, offer, buy, serve, or take intoxicating liquor anywhere in the Philippines. Violations are punishable with imprisonment. The full text of Resolution No. 10095 is reproduced below.] Continue reading

Bangsamoro Basic Law: House Bill No. 4994 (full text)

[Malacanang has endorsed the draft Bangsamoro Basic Law, commonly referred to as BBL, for the consideration of the House of Representatives. The BBL is the product of the peace talks between the government and the Moro Islamic Liberation Front or MILF. The deliberations on the proposed law, docketed as House Bill No. 4994, is ongoing. We are reproducing the full text of House Bill 4994 for easy reference.] Continue reading

No One can be Imprisoned for Non-Payment of Debt

Perhaps you’ve heard someone making threats to file criminal cases against debtors who fail to pay. Yet you’ve heard the statement that no one can be imprisoned simply because of a debt. This is a basic principle and we thought we already have a discussion on this topic. We indeed have such discussion but we forgot to post it here. So here goes. Continue reading

Proclamation 1959: Martial Law in Maguindanao

MALACAÑANG
Manila

PROCLAMATION NO. 1959

PROCLAIMING A STATE OF MARTIAL LAW AND SUSPENDING THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN THE PROVINCE OF MAGUINDANAO, EXCEPT FOR CERTAIN AREAS

WHEREAS, Proclamation No. 1946 was issued on 24 November 2009 declaring a state of emergency in the provinces of Maguindanao, Sultan Kudarat and the City of Cotabato for the purpose of preventing and suppressing lawless violence in the aforesaid areas; Continue reading

Appointive Officials Not Deemed Resigned upon Filing of CoC (Quinto vs. COMELEC)

The rule in elections, as people know it, is that an appointed official is deemed automatically resigned from their positions once he/she files the Certificate of Candidacy (CoC) for any elective position. This rule on automatic resignation does not apply to elected officials. There is now a new rule. Appointed officials are NO longer deemed resigned upon the filing of the CoC. This is the ruling of the Supreme Court in Eleazar Quinto vs. COMELEC, G.R. No. 189698, 1 December 2009. Continue reading

Immunity from Suit of an International Organization and its Officers

What is the concept of sovereign immunity in international law?

There are two conflicting concepts of sovereign immunity, according to the Supreme Court: (a) Classical or absolute theory — a sovereign cannot, without its consent, be made a respondent in the courts of another sovereign; and (b) Restrictive theory — the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not with regard to private acts or acts jure gestionis. Continue reading