Beruflich Dokumente
Kultur Dokumente
1.
2)
By the Constitution
3)
4)
6)
7)
1.
presented.
3.
The decision must have something to support
4.
1)
The right to a
itself.
Evidence supporting the conclusion must
be substantial.
The decision must be based on the evidence
presented at the hearing or at least contained in
Note:
1.
What is required is not actual hearing, but a
real opportunity to be heard.
2.
The requirement of due process can be
satisfied by subsequent due hearing.
3.
Violation of due process: when same person
reviews his own decision on appeal.
4.
Notice and hearing are required in judicial and
quasi-judicial proceedings, but not in the
promulgation of general rule.
For SCHOOL DISCIPLINARY proceedings: CODE: W A
In A D P
1.
The student must be informed in writing of the
nature and cause of any accusation against
them.
2.
The student shall have the right to answer the
charges against him, with the assistance of
counsel if desired.
3.
The student has the right to be informed of the
evidence against him.
4.
The student has the right to adduce evidence
in his own behalf.
5.
The evidence must be duly considered by the
investigating committee or official designated by
the school authorities to hear and decide the
case.
6.
The penalty imposed must be proportionate to
the offense.
Note:
1.
The school has a contractual obligation to
afford its students a fair opportunity to
complete the course a student has enrolled for.
2.
Exceptions:
3.
Serious breach of discipline; or
4.
Failure to maintain the required academic
standard.
5.
1.
2.
CODE:
P J E D
It must be issued upon PROBABLE CAUSE.
2.
The existence of probable cause is determined
personally by the JUDGE.
3.
The judge must EXAMINE UNDER OATH the
complainant and the witnesses he may produce.
4.
The warrant must PARTICULARLY DESCRIBE the
place to be searched and person or things to be
seized.
1.
searched.
of a warrant of arrest.
arrest
1.
2.
3.
1.
2.
3.
Note:
1.
Checkpoints: as long as the vehicle is neither
searched nor its occupants subjected to a body
search and the inspection of the vehicle is
limited to a visual search = valid search
(Valmonte V. De Villa)
2.
Carroll rule: warrantless search of a vehicle
that can be quickly moved out of the locality or
jurisdiction
3.
The 1987 Constitution has returned to the 1935
rule that warrants may be issued only by judges,
but the Commissioner of Immigration may order
the arrest of an alien in order to carry out a
FINAL deportation order.
VALID WARRANTLESS ARRESTS
1.
When the person to be arrested has committed,
is actually committing, or is about to commit an
offense in the presence of the arresting officer.
1.
When an offense has in fact just been
committed and the arresting officer has personal
knowledge of facts indicating that the person to
be arrested has committed it.
1.
When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgment or
temporarily confined while his case is pending,
or has escaped while being transferred from one
confinement to another.
1.
Waiver of an invalid arrest:
When a person who is detained applies for bail, he is
deemed to have waived any irregularity which may
have occurred in relation to his arrest.
1.
Hot pursuit
1.
1.
1.
1.
1.
TEST
CRITERION
There
The
Commercial Speech
1.
A communication which no more than proposes
a commercial transaction.
1.
To enjoy protection:
1.
2.
Unprotected Speech
1.
1.
LIBEL
1.
FAIR COMMENT (U.S. Rule). These are
statements of OPINION, not of fact, and are not
considered actionable, even if the words used
are neither mild nor temperate. What is
important is that the opinion is the true and
honest opinion of the person. The statements
are not used to attack personalities but to give
ones opinion on decisions and actions.
1.
OPINIONS. With respect to public personalities
(politicians, actors, anyone with a connection to
a newsworthy event), opinions can be aired
regarding their public actuations. Comment on
their private lives, if not germane to their public
personae, are not protected.
1.
2.
OBSCENITY
1.
Test for obscenity (Miller v. California)
1.
Whether the average person, applying
contemporary community standards would find
that the work, taken as a whole, appeals to the
prurient interest.
2.
Whether the work depicts or describes, in a
patently offensive way, sexual conduct,
specifically defined by law.
3.
Whether the work, taken as a whole, lacks
serious literary, artistic, political or scientific
value.
2.
Procedure for seizure of allegedly obscene
publications
1.
Authorities must apply for issuance of search
warrant.
2.
Court must be convinced that the materials are
obscene. Apply clear and present danger test.
3.
Judge will determine whether they are in fact
obscene.
4.
Judge will issue a search warrant.
5.
Proper action should be filed under Art. 201 of
the RPC.
6.
Conviction is subject to appeal.
Right of Assembly and Petition
1.
The standards for allowable impairment of
speech and press also apply to the right of
assembly and petition.
1.
1.
properties:
Curtailment of rights:
RIGHT
MANNER OF CURTAILMENT
1. Liberty of abode
Lawful order
May be
2)
Discretion of government
of the contract.
Congress
Executive, pursuant to legislation enacted by
Congress
3)
1)
2)
3)
TAKING
A. Elements: CODE: E P A P O
1.
The expropriator enters the property
2.
The entrance must not be for a momentary
period, i.e., it must be permanent
3.
Entry is made under warrant or color of
legal authority
4.
Property is devoted to public use
5.
Utilization of the property must be in such a
way as to oust the owner and deprive him of the
beneficial enjoyment of his property.
B. Compensable taking does not need to involve all
the property interests which form part of the right
of ownership. When one or more of the property
rights are appropriated and applied to a public
purpose, there is already a compensable taking,
even if bare title still remains with the owner.
PUBLIC USE
1.
Public use, for purposes of expropriation, is
synonymous with public welfare as the latter
term is used in the concept of police power.
1.
Examples of public use include land reform and
socialized housing.
JUST COMPENSATION
1.
Compensation is just if the owner receives a
sum equivalent to the market value of his
property. Market value is generally defined as
the fair value of the property as between one
who desires to purchase and one who desires to
sell.
2.
2)
1)
During a police line-up. Exception: Once
there is a move among the investigators to elicit
2)
3)
Confessions made by an accused at the time he
voluntarily surrendered to the police or outside the
context of a formal investigation.
4)
Exclusionary rule
1)
If it changes the terms and conditions of a
legal contract either as to the time or mode of
performance
2)
1)
2)
Therefore, any evidence obtained by virtue of
an illegally obtained confession is also inadmissible,
those expressed
3)
1)
2)
COUNSEL.
2.
2)
3)
Be entitled to bail.
Rights
1.
2.
3.
4.
DUE PROCESS
This means that the accused can only be convicted
by a tribunal which is required to comply with the
stringent requirements of the rules of criminal
procedure.
PRESUMPTION OF INNOCENCE
2)
2)
3)
4)
5)
6)
7)
8)
9)
Whether accused was a fugitive from justice
when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
1.
The person claiming the right must be in actual
detention or custody of the law.
2.
The constitutional right is available only in
criminal cases, not, e.g. in deportation
proceedings.
Note:
1.
Right to bail is not available in the military.
(ii)
1.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE
REPRESENTATION.
(b) If the accused appears at arraignment without
counsel, the judge must:
2)
3)
4)
Assertion or non-assertion of the right by the
accused
5)
(i)
Inform the accused that he has a right to a
counsel before arraignment
impartial judge.
1)
1.
2.
3.
1)
2)
If, upon pleading guilty, the accused presents
evidence of complete self-defense, and the court
thereafter acquits him without entering a new plea
of not guilty for accused.
3)
If the information for an offense cognizable by
the RTC is filed with the MTC.
4)
If a complaint filed for preliminary
investigation is dismissed.
1)
Debt refers to a CONTRACTUAL obligation,
whether express or implied, resulting in any liability
1)
Acquittal
2)
Conviction
2)
Thus, if an accused fails to pay the fine
imposed upon him, this may result in his subsidiary
imprisonment because his liability is ex delicto and
not ex contractu.
3)
A FRAUDULENT debt may result in the
imprisonment of the debtor if:
1.
1)
second.
2)
The first jeopardy must have terminated.
3)
Dismissal W/O the EXPRESS consent of the
accused
4)
3)
The second jeopardy must be for the same
offense as that in the first.
of dismissal:
1)
1)
2)
A person is charged
Under a complaint or information sufficient in
2)
If dismissal does NOT amount to an acquittal or
dismissal on the merits
4)
5)
3)
If the question to be passed upon is purely
legal.
4)
If the dismissal violates the right of due
process of the prosecution.
5)
If the dismissal was made with grave abuse of
discretion.
shall be enacted.
1)
st
1)
One which makes an action done before the
passing of the law, and which was innocent when
3)
2)
3)
4)
One which alters the legal rules of evidence
and receives less testimony than the law required at
the time of the commission of the offense in order
to convict the accused.
5)
One which assumes to regulate civil rights and
remedies only BUT, in effect, imposes a penalty or
SUPERVENING FACTS
1)
Under the Rules of Court, a conviction for an
offense will not bar a prosecution for an offense
6)
One which deprives a person accused of a
crime of some lawful protection to which he has
1.
2)
amnesty.
Note: The prohibition on ex post facto laws only
applies to retrospective PENAL laws.
Definition of BILL OF ATTAINDER
1)
A bill of attainder is a LEGISLATIVE act which
inflicts punishment W/O JUDICIAL trial.
2)
The bill of attainder does not need to be
directed at a specifically named person. It may also
refer to easily ascertainable members of a group in
such a way as to inflict punishment on them without
judicial trial.
3)