There’s a radio commentary discussing the possible effect of the pending complaints filed with the Office of the Ombudsman on the Senate hearings in connection with the aborted $329-million national broadband network (NBN) deal with China’s ZTE Corp., with Rodolfo Noel “Jun” Lozada, Jr. as the central witness. The commentary cited the case of Bengzon, [...]
Archive for the 'Elections and Constitutional Law' Category
Effect of pending cases on the Senate’s power to conduct investigation in aid of legislation
Published by February 19th, 2008 in Elections and Constitutional Law and Obiter/News. 0 CommentsPandacan oil depot must go: Social Justice Society vs. Atienza case digest
Published by February 15th, 2008 in Elections and Constitutional Law and Obiter/News. 0 Comments(Just the other day, the Supreme Court affirmed the authority of Manila City to issue — and enforce — an Ordinance reclassifying certain areas within the city. The reclassification adversely affected the oil companies, which are now forced to relocate their oil terminals in Pandacan. This is a digest of Social Justice Society vs. Atienza, [...]
Writ of Habeas Data: Questions and Answers
Published by February 2nd, 2008 in Elections and Constitutional Law and Obiter/News. 2 CommentsWhat 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 [...]
Rule 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. 6 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 [...]
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