What is the writ of habeas data?
It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data [...]
Archive for the 'Elections and Constitutional Law' Category
Writ of Habeas Data: Questions and Answers
Published by February 2nd, 2008 in Elections and Constitutional Law and Obiter/News. 2 CommentsRule on the Writ of Habeas Data (A.M. No. 08-1-16-SC; full text)
Published by February 2nd, 2008 in Elections and Constitutional Law and Obiter/News. 0 CommentsTHE RULE ON THE WRIT OF HABEAS DATA
[A.M. No. 08-1-16-SC dated 22 January 2008. This Resolution shall take effect on February 2, 2008 following its publication in three (3) newspapers of general circulation.]
SECTION 1. Habeas Data.—The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or [...]
Branches of the Philippine Government: Separation of Powers
Published by January 29th, 2008 in Elections and Constitutional Law. 0 CommentsThe Philippines is a democratic and republican state. As a republican state, sovereignty resides in the People and all government authority emanates from them (Constitution, Art. III, Sec. 1). “A Republican form of government rests on the conviction that sovereignty should reside in the people and that all government authority must emanate from them. [...]
The Mendiola Massacre: What Happened according to Jurisprudence
Published by January 22nd, 2008 in Elections and Constitutional Law, Litigation and Labor Law and Obiter/News. 0 CommentsToday, 22 January 2008, marks the 21st anniversary of what has been dubbed as the “Mendiola Massacre.” An entire generation may not be aware of, and many could have already forgotten, what transpired on that date. In the words of the Supreme Court: “People may have already forgotten the tragedy that transpired on January 22, [...]
Checkpoints and the right against unreasonable search and seizure
Published by January 21st, 2008 in Criminal Law, Elections and Constitutional Law and Litigation and Labor Law. 5 CommentsA checkpoint is something that motorists have to contend with on the road. Only recently, a “concerned Filipino citizen” raised some issues with respect to PNP/AFP checkpoints. The issues raised are valid, as the Supreme Court itself noted that it “has become aware of how some checkpoints have been used as points of thievery and [...]
Cases on the National Identification (ID) System - Part 2
Published by January 10th, 2008 in Elections and Constitutional Law. 0 CommentsThis is the second part (read part 1 here) of our discussion relating to the recent talks on reviving the plan to implement a national identification (ID) system brings two cases back into the spotlight. In the first case, Ople vs. Torres, the Supreme Court struck down Administrative Order 308 which seeks to implement the [...]
Cases on the National Identification (ID) System
Published by January 10th, 2008 in Elections and Constitutional Law. 0 CommentsThe recent talks on reviving the plan to implement a national identification (ID) system brings two cases back into the spotlight. In the first case, Ople vs. Torres, the Supreme Court struck down Administrative Order 308 which seeks to implement the “National Computerized Identification Reference System.†In the second case, Kilusang Mayo Uno vs. Director-General [...]
The 1-year bar in filing an Impeachment complaint
Published by November 28th, 2007 in Elections and Constitutional Law. 0 CommentsThis is a partial case digest of Franciso, Jr. vs. House of Representatives (G.R. No. 160261, 10 November 2003), which case involves the issue of whether the filing of the second impeachment complaint against Chief Justice Hilario G. Davide, Jr. with the House of Representatives falls within the one year bar provided in the [...]
Writ of Amparo: Questions and Answers
Published by September 27th, 2007 in Elections and Constitutional Law and Litigation and Labor Law. 1 CommentWhat is the writ of amparo?
It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances [...]
Rule on the Writ of Amparo (A.M. No. 07-9-12-SC; full text)
Published by September 27th, 2007 in Elections and Constitutional Law, Litigation and Labor Law and Obiter/News. 2 Comments(The Supreme Court already approved the Rule on the Writ of Amparo [A.M. No. 07-9-12-SC, 25 September 2007], which is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of [...]
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