See - https://www.projectjurisprudence.com/2017/12/lawyers-never-forget-30-major-doctrines.html?fbclid=IwAR0YJsc_oXwGqyeF4bXH4RfgK79SAsDGP1OmlAC-vTSj2cyrTv1tLFb5WTE&m=1
"x x x.
[1] AUTER ACTION PENDANT: It refers to the situation where two actions are pending between the same parties for the same cause of action, so that one of them becomes unnecessary and vexatious. It is based on the policy against multiplicity of suits.
[2] BERRY RULE: Filing of motion for new trial based on newly discovered evidence which cannot be produced in court despite exercise of due diligence, and if considered would probably alter the outcome of the case.
[3] BUBBLE BURST THEORY: The rule on presumption of law shall not apply in case there is evidence to the contrary.
[4] CHAIN OF CUSTODY: Is "the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction." (see also: People vs. Alivio, G.R. No. 177771, May 30, 2011).
[5] CONTINUING THREAT: In order that writ of amparo can be issued, the threat on the right to life liberty or security must be actual and continuing and not merely imaginary, thereby depriving the petitioner of his said right from the inception up to the termination of the case.
[6] FALSA DEMONSTRATIO NON NOCET: It is a rule which states that where there are two descriptions in a deed, the one as it were, super added to the other, and one description being complete and sufficient in itself, and the other which is subordinate and super added is incorrect, the incorrect description or feature or circumstance of the description is rejected as a surplusage, and the complete and correct description is allowed to stand alone. (Please see: Myers vs. Ladd, 26 Ill, 515, 417)
[7] FRESH PERIOD: It is a procedural law as it prescribes a fresh period of 15 days within which an appeal may be made in the event that the motion for reconsideration is denied by the lower court. Following the rule on retroactivity of procedural laws, the “fresh period rule” should be applied to pending actions, such as the present case. (Priscilla Alma Jose vs. Ramon Javellana, et al., G.R. No. 158239, January 25, 2012)
[8] FRUIT OF THE POISONOUS TREE: The warrant issued by the judge did not comply with the requisites of the law, and therefore, void, or when the search made without warrant is unjustifiable, whether it is found or discovered afterwards, cannot be used as evidence against the suspect. The items or articles obtained are the “fruits of a poisoned tree.”(People vs. Burgos, 144 SCRA 1; People vs. Montilla, 285 SCRA 703; Manalili vs. CA, 280 SCRA 400)
[9] HYPOTHETICAL ADMISSION or PRESUMPTION OF TRUTH: When a motion to dismiss is filed, the material allegations of the complaint are deemed to be hypothetically admitted. This hypothetical admission, extends not only from the relevant and material facts well pleaded in the complaint, but also to inferences that may be fairly deduced from them. (The Municipality of Hagonoy, Bulcan, et al. vs. Hon. Simeon Dumdum, Jr., G.R. No. 168289, March 22, 2010)
[10] IMMUTABILITY OF JUDGMENT: Once the judgment becomes final and executory, it can no longer be amended, set aside, or disturbed
[11] INDEPENDENT RELEVANT STATEMENT: Regardless of the truth or falsity of a statement, when what is relevant is the fact that such statement has been made, the hearsay rule does not apply and the statement may be shown. (Jose Espinelia.k.aDaniloEspineli vs. People of the Philippines, G.R. No. 179535, June 9, 2014)
[12] INTERLOCKING CONFESSION: These are extrajudicial confessions which were independently made without collusion, are identical with each other in their material respects and confirmatory of the other. They are, therefore, also admissible as circumstantial evidence against their co-accused implicated therein to show the probability of the latter’s actual participation in the commission of the crime.
[13] JUDICIAL COURTESY: “[d]ue respect for the Supreme Court and practical and ethical considerations should have prompted the appellate court wait for the final determination of the petition [for certiorari] before taking cognizance of the case and trying to render moot exactly what was before this [C]ourt.” The principle of judicial courtesy applies only “if there is a strong probability that the issues before the higher court would be rendered moot and moribund as a result of the continuation of the proceedings in the lower court.”(Juan Trajano aka Johnny vs. Uniwide Sales Warehouse ClubG.R. 190253, June 11, 2014)
[14] LAW OF THE CASE: It has been defined as the opinion delivered on a former appeal, and means, more specifically, that whatever is once irrevocably established as the controlling legal rule of decision between the same parties in the same case continues to be the law of the case, whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be the facts of the case before the court.
[15] MATERIAL DATES: Under the material dates rule, a petition must alleged three (3) material dates which is necessary which are as follows: 1) The date when the judgment or final order or resolution was received; 2) The date when the motion for reconsideration or new trial was filed; and 3) The date when the notice of the denial thereof was received. (Great Southern Maritime Services Corporation vs. Acuna, 452 SCRA 422, February 28, 2005)
[16] NON-PROSEQUITUR: Once a case is dismissed for failure to prosecute, the dismissal has the effect of an adjudication on the merits and is understood to be with prejudice to the filing of another action unless otherwise provided in the order of dismissal.
[17] NON-SUITED: Failure of the plaintiff to appear on the scheduled pre-trial conference would result to the dismissal of the case with prejudice, unless otherwise ordered by the court to be without prejudice.
[18] PARTY AUTONOMY: Parties have the freedom to expressly stipulate or agree by virtue of written agreement on how their disputes will be settled by submitting their differences to an arbitrator before an action may be commenced in court.
[19] PRESUMED IDENTITY APPROACH: Where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours. (ATCI Overseas Corporation, Amalia G. Ikdal And Ministry Of Public Health-Kuwait Vs. Ma. JosefaEchin, G.R. No. 178551, October 11, 2010)
[20] PRIMARY JURISDICTION: When an administrative body is clothed with original and exclusive jurisdiction, courts are utterly without power and authority to exercise concurrently such jurisdiction. Accordingly, all the proceedings of the court in violation of that doctrine and all orders and decisions reached are null and void. (Manolito Agra, et al., vs. Commission on Audit, G.R. No. 167807, December 6, 2011)
[21] RECOUPMENT: A compulsory counterclaim arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim which does not require the presence of a third person over whom the court cannot acquired jurisdiction;
[22] RELAXED ADMISSIBILITY OF EVIDENCE : In the proper resolution of the case, the court has the discretion to admit a rather inadmissible evidence provided it has a relation to other evidence already presented which is relevant to the fact in issue in the case.
[23] RES JUDICATA IN PRISON GREY: Accused cannot be twice put in jeopardy of an offense, acquittal or conviction in either one will bar the prosecution for another offense, or his was terminated without the express consent of the accused.
[24] SET-OFF: A permissive counterclaim does not arise out of and is not connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim which required the presence of a third person for its adjudication;
[25] SEXUAL ABUSE SHIELD: The following evidence is not admissible in any criminal proceeding involving alleged child sexual abuse: (1) Evidence offered to prove that the alleged victim engaged in other sexual behavior; and(2) Evidence offered to prove the sexual predisposition of the alleged victim. (b) Exception.— Evidence of specific instances of sexual behavior by the alleged victim to prove that a person other than the accused was the source of semen, injury, or other physical evidence shall be admissible.
[26] STATUTE OF NON-CLAIMS: Immediately after granting letters testamentary or administration, the court shall issue a notice requiring all persons having money claims against the decedent to file them in the office of the clerk of court which shall state the time of the filing of the claim against estate, which shall not be more than twelve (12) months but less than six (6) months after the date of first publication of the notice, but before distribution is entered, upon application of an unpaid creditor who failed to file his claim, the court on cause shown may allow the claim to be filed within the time not exceeding one (10 month.
[27] STRONG ARM OF EQUITY: At times referred to as the “Strong Arm of Equity,” [the Court has] consistently ruled that there is no power the exercise of which is more delicate and which calls for greater circumspection than the issuance of an injunction. It should only be extended in cases of great injury where courts of law cannot afford an adequate or commensurate remedy in damages; “in cases of extreme urgency; where the right is very clear; where considerations of relative inconvenience bear strongly in complainant’s favor; where there is a willful and unlawful invasion of plaintiff’s right against his protest and remonstrance, the injury being a continuing one, and where the effect of the mandatory injunction is rather to re-establish and maintain a pre-existing continuing relation between the parties, recently and arbitrarily interrupted by the defendant, than to establish a new relation.”(Thunder Security and Investigation Agency vs. National Food Authority, supra)
[28] TRANSCENDENTAL IMPORTANCE: Suspension of the rules of procedure in case the subject matter of the action is of great importance/involving national interest;
[29] TWO-DISMISSAL: When the notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim.
[30] VIATORY RIGHT OF WITNESS: If the witness resides more than 100 km from the place where he is to travel by the ordinary course of travel, or if he is a detention prisoner and no permission is obtained from the court in which his case is pending, then he cannot be compelled to attend the trial. The right is available only in CIVIL cases.
x x x."
Thursday, October 25, 2018
Tuesday, October 23, 2018
The Philippines has the dubious recognition of having one the longest pretrial detentions in the whole world.
See - https://www.rappler.com/thought-leaders/214533-analysis-lengthy-pretrial-detention-philippines-little-dark-secret
"x x x.
Philippines' dark secret: Lengthy pretrial detention
If the lengthy pretrial process in the Philippines cannot be addressed, rule of law cannot be established
By Raymund Narag
Published 11:30 AM, October 19, 2018
Updated 11:30 AM, October 19, 2018
"x x x.
Philippines' dark secret: Lengthy pretrial detention
If the lengthy pretrial process in the Philippines cannot be addressed, rule of law cannot be established
By Raymund Narag
Published 11:30 AM, October 19, 2018
Updated 11:30 AM, October 19, 2018
www.rappler.com
The Philippines has the dubious recognition of having one the longest pretrial detentions in the whole world.
Inmates stay in jail for an average of 528 days before they are convicted or acquitted. In some cases, inmates had stayed in detention for 10 years only to be acquitted. In fact, it takes longer for an inmate to stay in "temporary" detention centers and jails than in prisons.
For example, a person convicted for 12 years usually had stayed in jail for 8 years already while undergoing trial and will serve the remaining 4 years in prison.
Thus, the key decision point is not whether an accused is convicted or not, but rather, whether one is bailed out or not. Being denied bail, in the Philippines, is tantamount to serving a sentence.
This lengthy pretrial detention has numerous negative consequences on individuals and the correctional and legal system.
Appeal of vigilante justice
The accused are punished before they are convicted, violating their right to presumption of innocence. Lengthy pretrial detention also deprives the accused of economic opportunities and cause loss of jobs, even if they are acquitted.
It also translates to disruption in families, as most of the accused are breadwinners. Additionally, lengthy detention increases jail overcrowding and additional costs to the government.
On average, the Philippine government spends at least P74,000 per inmate per year, which is almost twice the budget for a university scholar. Finally, lengthy pretrial detention increases the cynicism to the legal system.
Filipinos think that the purposeful delay, either done by the defense or the prosecution, is a manifest attempt to thwart the goals of justice. This benefits especially the rich and powerful accused as they can bend the wheels of justice toward their ends. Eventually, Filipinos lose trust in the justice system and they take matters in their own hands.
This leads to the popular appeal of vigilante justice. This is what makes the killing of drug addicts and corrupt politicians attractive to the Filipino masses. It resonates squarely with the message of President Duterte of restoring “rule of law” by any means necessary.
Lengthy pretrial detention is the little dark secret plaguing the Philippine legal system.
Judges, prosecutors and public and private lawyers know about it but no one is doing about it. For one, purposeful delay benefits the defense lawyers – they can still make a living through representational fees even if hearings are continually postponed. Judges are not bothered even if accused in their court sala had languished in jail for 10 years and counting.
The accused are powerless, anyway, and indeed, it is not their fault when prosecution and defense lawyers seek for postponements. The prosecutors are just as happy that the accused are languishing in jail, as long as they are not out in the streets and committing crimes. Thus, detained accused appears in court once every 3 months, only to be postponed due to the absence of one of the court actors, and that is okay.
The court actors will still get their paychecks, anyway. Indeed, for every 10 hearings, only two will push through, wasting scarce government resources. The court actors’ lack of coordination and culture of “professional courtesy” lead to these lengthy pretrial detention, and for them it is okay. They can still get promoted as long as they are close to the appointing authorities, anyway.
Challenge of innovation
There are few court actors, especially judges, who are trying to innovate and make their court systems efficient.
They implement more strict rules on postponements, computerize their court management systems, and develop a mechanism to coordinate calendaring of hearings. The Bureau of Jail Management and Penology (BJMP) can also help by regularly providing the courts with the list of overstaying inmates. The BJMP can actually determine who are the Speedy Courts and the Challenged Courts. The Supreme Court, through the Office of the Court Administrator, can also monitor the average length of stay of inmates in jail for each judge and use this as a basis for promotions and distribution of performance based bonuses.
If the lengthy pretrial process in the Philippines cannot be addressed, rule of law cannot be established. Thus, the President should embark on strengthening the judicial system by providing more judges, prosecutors and lawyers to lessen their caseload.
There should be court management trainings for judges so they can run their hearings efficiently. Furthermore, there should be ethical trainings for all lawyers, so that they do away with the practice of purposeful delay to maintain a steady income.
The speedy resolution of cases will restore trust to the judicial system. This will lead to Filipinos following the rule of law. This will entice them to stop using drugs as they will be swiftly punished using legitimate means if they do so.
This is more sustainable solution than killing drug addicts and corrupt politicians without due process of law. – Rappler.com
The author is assistant professor at the Department of Criminology and Criminal Justice, Southern Illinois University Carbondale.
x x x."
Inmates stay in jail for an average of 528 days before they are convicted or acquitted. In some cases, inmates had stayed in detention for 10 years only to be acquitted. In fact, it takes longer for an inmate to stay in "temporary" detention centers and jails than in prisons.
For example, a person convicted for 12 years usually had stayed in jail for 8 years already while undergoing trial and will serve the remaining 4 years in prison.
Thus, the key decision point is not whether an accused is convicted or not, but rather, whether one is bailed out or not. Being denied bail, in the Philippines, is tantamount to serving a sentence.
This lengthy pretrial detention has numerous negative consequences on individuals and the correctional and legal system.
Appeal of vigilante justice
The accused are punished before they are convicted, violating their right to presumption of innocence. Lengthy pretrial detention also deprives the accused of economic opportunities and cause loss of jobs, even if they are acquitted.
It also translates to disruption in families, as most of the accused are breadwinners. Additionally, lengthy detention increases jail overcrowding and additional costs to the government.
On average, the Philippine government spends at least P74,000 per inmate per year, which is almost twice the budget for a university scholar. Finally, lengthy pretrial detention increases the cynicism to the legal system.
Filipinos think that the purposeful delay, either done by the defense or the prosecution, is a manifest attempt to thwart the goals of justice. This benefits especially the rich and powerful accused as they can bend the wheels of justice toward their ends. Eventually, Filipinos lose trust in the justice system and they take matters in their own hands.
This leads to the popular appeal of vigilante justice. This is what makes the killing of drug addicts and corrupt politicians attractive to the Filipino masses. It resonates squarely with the message of President Duterte of restoring “rule of law” by any means necessary.
Lengthy pretrial detention is the little dark secret plaguing the Philippine legal system.
Judges, prosecutors and public and private lawyers know about it but no one is doing about it. For one, purposeful delay benefits the defense lawyers – they can still make a living through representational fees even if hearings are continually postponed. Judges are not bothered even if accused in their court sala had languished in jail for 10 years and counting.
The accused are powerless, anyway, and indeed, it is not their fault when prosecution and defense lawyers seek for postponements. The prosecutors are just as happy that the accused are languishing in jail, as long as they are not out in the streets and committing crimes. Thus, detained accused appears in court once every 3 months, only to be postponed due to the absence of one of the court actors, and that is okay.
The court actors will still get their paychecks, anyway. Indeed, for every 10 hearings, only two will push through, wasting scarce government resources. The court actors’ lack of coordination and culture of “professional courtesy” lead to these lengthy pretrial detention, and for them it is okay. They can still get promoted as long as they are close to the appointing authorities, anyway.
Challenge of innovation
There are few court actors, especially judges, who are trying to innovate and make their court systems efficient.
They implement more strict rules on postponements, computerize their court management systems, and develop a mechanism to coordinate calendaring of hearings. The Bureau of Jail Management and Penology (BJMP) can also help by regularly providing the courts with the list of overstaying inmates. The BJMP can actually determine who are the Speedy Courts and the Challenged Courts. The Supreme Court, through the Office of the Court Administrator, can also monitor the average length of stay of inmates in jail for each judge and use this as a basis for promotions and distribution of performance based bonuses.
If the lengthy pretrial process in the Philippines cannot be addressed, rule of law cannot be established. Thus, the President should embark on strengthening the judicial system by providing more judges, prosecutors and lawyers to lessen their caseload.
There should be court management trainings for judges so they can run their hearings efficiently. Furthermore, there should be ethical trainings for all lawyers, so that they do away with the practice of purposeful delay to maintain a steady income.
The speedy resolution of cases will restore trust to the judicial system. This will lead to Filipinos following the rule of law. This will entice them to stop using drugs as they will be swiftly punished using legitimate means if they do so.
This is more sustainable solution than killing drug addicts and corrupt politicians without due process of law. – Rappler.com
The author is assistant professor at the Department of Criminology and Criminal Justice, Southern Illinois University Carbondale.
x x x."
Saturday, October 20, 2018
Friday, October 19, 2018
Virginity test: "The agencies identified more than 20 countries where “virginity testing” has been documented, including western countries like the UK, Belgium and Canada."
See - https://www.jurist.org/news/2018/10/un-agencies-call-for-ban-on-virginity-tests/
"x x x.
UN agencies call for ban on ‘virginity tests’
OCTOBER 18, 2018 03:23:36 PM
By Tim Zubizarreta
www.jurist.org
The World Health Organization, the UN Office of the High Commissioner for Human Rights, and UN Women issued a joint statement Wednesday calling on governments, health professionals and communities to take steps to end the practice of “virginity testing.”
After a comprehensive systematic review of “virginity testing,” the practice of examining women to determine whether vaginal intercourse has occurred, the UN has found that “the examination has no scientific merit or clinical indication … there is no known examination which can prove a history of vaginal intercourse.” The agencies then provided background on the history of “virginity testing,” citing the use of force in administering “virginity tests,” the tendency of such tests to be used to reinforce gender discrimination, and the long-term trauma that the tests have on women. On review of the history and effects of “virginity testing” the agencies cited six human rights that are being violated:
-The right to be protected from discrimination based on sex.
-The right to life.
-The right to privacy and physical integrity.
-The right to be free from torture or cruel, inhuman or degrading treatment or punishment.
-The right to the highest attainable standard of health.
-The right of the child.
"x x x.
UN agencies call for ban on ‘virginity tests’
OCTOBER 18, 2018 03:23:36 PM
By Tim Zubizarreta
www.jurist.org
The World Health Organization, the UN Office of the High Commissioner for Human Rights, and UN Women issued a joint statement Wednesday calling on governments, health professionals and communities to take steps to end the practice of “virginity testing.”
After a comprehensive systematic review of “virginity testing,” the practice of examining women to determine whether vaginal intercourse has occurred, the UN has found that “the examination has no scientific merit or clinical indication … there is no known examination which can prove a history of vaginal intercourse.” The agencies then provided background on the history of “virginity testing,” citing the use of force in administering “virginity tests,” the tendency of such tests to be used to reinforce gender discrimination, and the long-term trauma that the tests have on women. On review of the history and effects of “virginity testing” the agencies cited six human rights that are being violated:
-The right to be protected from discrimination based on sex.
-The right to life.
-The right to privacy and physical integrity.
-The right to be free from torture or cruel, inhuman or degrading treatment or punishment.
-The right to the highest attainable standard of health.
-The right of the child.
The tests themselves violate several rights by causing personal invasions and leading to adverse health affects, but the UN found that the after-affects are just as important, citing long term physical and psychological trauma that has even led to suicide in some cases. Finally, the agencies cited the rights of children and condemned the practice being carried out on children who have a right to be protected by society.
Ultimately, in finding no reliable science or medical necessity in “virginity testing,” the agencies called on health professionals, governments, and communities to take action and provided suggested strategies for each. For healthcare providers, the statement called for a dissemination of the new science around “virginity tests” while also citing the physician’s responsibility to “do no harm” and advocating for the counseling of families requesting “virginity tests.” The statement urged governments to take responsibility to ban “virginity testing” through legislation and to enforce such bans even through criminal prosecution if necessary. Finally, the UN called for local community advocacy to change the societal norms that have kept “virginity testing” in place through discussions, community statements, and calls from community leaders for change.
The agencies identified more than 20 countries where “virginity testing” has been documented, including western countries like the UK, Belgium and Canada.
x x x."
Ultimately, in finding no reliable science or medical necessity in “virginity testing,” the agencies called on health professionals, governments, and communities to take action and provided suggested strategies for each. For healthcare providers, the statement called for a dissemination of the new science around “virginity tests” while also citing the physician’s responsibility to “do no harm” and advocating for the counseling of families requesting “virginity tests.” The statement urged governments to take responsibility to ban “virginity testing” through legislation and to enforce such bans even through criminal prosecution if necessary. Finally, the UN called for local community advocacy to change the societal norms that have kept “virginity testing” in place through discussions, community statements, and calls from community leaders for change.
The agencies identified more than 20 countries where “virginity testing” has been documented, including western countries like the UK, Belgium and Canada.
x x x."
Wednesday, October 17, 2018
Key provisions under each article of the draft federal charter authored by Speaker Gloria Macapagal Arroyo and 21 other lawmakers
See - https://www.rappler.com/newsbreak/iq/214307-highlights-house-representatives-draft-federal-constitution
"x x x.
Highlights of the House's draft federal constitution
Here are the key provisions under each article of the draft federal charter authored by Speaker Gloria Macapagal Arroyo and 21 other lawmakers
By Mara Cepeda
@maracepeda
Published 8:25 AM, October 15, 2018
Updated 8:25 AM, October 15, 2018
– Rappler.com
x x x."
"x x x.
Highlights of the House's draft federal constitution
Here are the key provisions under each article of the draft federal charter authored by Speaker Gloria Macapagal Arroyo and 21 other lawmakers
By Mara Cepeda
@maracepeda
Published 8:25 AM, October 15, 2018
Updated 8:25 AM, October 15, 2018
www.rappler.com
MANILA, Philippines – Charter change is alive at the House of Representatives.
Resolution of Both Houses (RBH) No. 15, penned by no less than Speaker Gloria Macapagal Arroyo and 21 other legislators, is proposing the draft constitution that would shift the Philippines to a federal system of government. (READ: No set number of federal states under Arroyo's draft constitution)
This draft federal charter has been drawing flak for its provisions lifting term limits of legislators and removing Vice President Leni Robredo in the line of succession during the transition to federalism.
Following criticism, Arroyo told Cebu City 1st District Representative Raul del Mar to make a motion at the plenary to recommit RBH 15 to the House committee on constitutional amendments, which is now expected to put the Vice President back in the line of succession.
Constitutional amendments panel chairperson Vicente Veloso said the House is targeting to pass RBH 15 on 3rd and final reading by February or March 2019.
But it will be an uphill battle because senators already said the draft federal charter would be "dead on arrival" at the Senate.
Here are highlights of the House's draft federal constitution as compared with the 1987 Constitution:
Preamble
No changes
Article I – National Territory
MANILA, Philippines – Charter change is alive at the House of Representatives.
Resolution of Both Houses (RBH) No. 15, penned by no less than Speaker Gloria Macapagal Arroyo and 21 other legislators, is proposing the draft constitution that would shift the Philippines to a federal system of government. (READ: No set number of federal states under Arroyo's draft constitution)
This draft federal charter has been drawing flak for its provisions lifting term limits of legislators and removing Vice President Leni Robredo in the line of succession during the transition to federalism.
Following criticism, Arroyo told Cebu City 1st District Representative Raul del Mar to make a motion at the plenary to recommit RBH 15 to the House committee on constitutional amendments, which is now expected to put the Vice President back in the line of succession.
Constitutional amendments panel chairperson Vicente Veloso said the House is targeting to pass RBH 15 on 3rd and final reading by February or March 2019.
But it will be an uphill battle because senators already said the draft federal charter would be "dead on arrival" at the Senate.
Here are highlights of the House's draft federal constitution as compared with the 1987 Constitution:
Preamble
No changes
Article I – National Territory
Adds a new phrase that says the Philippines has sovereignty over territorial islands, waters, and airspace "recognized under our domestic laws, international laws and conventions, and judgments of competent international courts and tribunals."
Article II – Declaration of Principles and State Policies
Article II – Declaration of Principles and State Policies
Removes the 1987 Constitution's anti-political dynasty provision
Adds a new line saying the State shall recognize "regional autonomy towards federalism within the framework of national unity and the Constitution"
Adds a new line saying the State shall recognize "regional autonomy towards federalism within the framework of national unity and the Constitution"
Adds a phrase saying the State "condemns any act of terrorism"
The "Government of the Philippines," not the Armed Forces of the Philippines (AFP), is the protector of the people and the State. But the AFP still has the goal of securing the sovereignty of the State and the integrity of the national territory.
Relations between church and State shall be inviolable and "shall be governed by benevolent neutrality"
The "Government of the Philippines," not the Armed Forces of the Philippines (AFP), is the protector of the people and the State. But the AFP still has the goal of securing the sovereignty of the State and the integrity of the national territory.
Relations between church and State shall be inviolable and "shall be governed by benevolent neutrality"
Adds a new line for the State to give the "highest priority" to the enactment of measures that "protect and enhance" the right of every person to human dignity; reduce social, economic, and political inequalities; and remove cultural inequities by equitably distributing wealth and diffusing political power for the common good.
Adds a new line that says the State shall now protect and promote the right of all citizens to "quality education at all levels" and to take the necessary steps to make such education accessible to all
Adds a new line saying the State shall "foster the preservation, enrichment, and evolution of a Filipino national culture"
Adds a new line for the State to prioritize research and development, invention, innovation, and their utilizaiton
Workers will have the right to self-organization, collective bargaining and negotiation, peaceful concerted activities, equitable treatment and freedom from discrimination on matters of employment tenure, working conditions, and wage levels. The State will also regulate worker-employer relations.
Removes the State's policy to "promote comprehensive rural development and agrarian reform" in the present Constitution. Instead, the State shall promote "rural development, higher agricultural productivity, and equitable land ownership arrangements."
Removes the State's policy to encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation
Removes the State's policy to "ensure the autonomy of local governments"
Article III – Bill of Rights
Article III – Bill of Rights
No major changes, just minor changes in style (like from "he" to "their")
Article IV – Bill of Duties
Article IV – Bill of Duties
This entirely new section makes it the duty of every citizen to "be loyal to the Republic of the Philippines, honor the Philippine flag, defend the State, contribute to its development and welfare, uphold the constitution and obey the laws, pay taxes, and cooperate with the duly constituted authorities in the attainment and maintenance of the rule of law and of a peaceful, just, humane, and orderly society."
The clause recognizing the value of the dignity of every human person and the guarantee on the full respect for human rights – which is in the Declaration of Principles and State Policies in the current Constitution – is under this new section.
Article V – Citizenship
No changes
Article VI – Suffrage
Article V – Citizenship
No changes
Article VI – Suffrage
Exempts "qualified Filipinos abroad under the system for absentee voting" from the requirement to have resided in the Philippines for at least one year, and in the place where they propose to vote for at least 6 months immediately preceding the election
Article VII – Political Parties
Article VII – Political Parties
An entirely new section that brings back the two-party system in the country
The first two "dominant" parties which would garner the most number of electoral seats during the first national elections under federalism would be the official parties.
Article VIII – The Legislative Department
The first two "dominant" parties which would garner the most number of electoral seats during the first national elections under federalism would be the official parties.
Article VIII – The Legislative Department
Removes the provisions imposing a two-term limit for senators and a 3-term limit for district and party-list representatives
Instead of just being able to read and write, senators and members of the House of Representatives will be required to have a college degree. But this requirement will not apply to those already elected before ratification of the new constitution.
Each term for lawmakers will be 4 years long.
Each term for lawmakers will be 4 years long.
Increases the number of House members to not more than 300 elected from legislative districts. Party-list representatives will still constitute 20% of the total number of representatives, including those under the party list.
Reduces the number of Supreme Court (SC) justices in the Electoral Tribunal to just 3, while the remaining 6 seats will be allotted for members of the Senate or the House. The most senior SC justice in the Electoral Tribunal is still chairperson.
The Speaker, not the Senate President, will be the chairperson of the Commission on Appointments.
Gives Congress the power to increase appropriations for the legislative branch and the judicial department more than the allocations recommended by the President
Adds a new line requiring the creation of a bicameral conference committee to reconcile conflicting provisions of the House and Senate versions of a bill passed on 3rd and final reading
A new line allows the removal of lawmakers from office "through recall as may be provided by law"
Article IX – Executive Department
A new line allows the removal of lawmakers from office "through recall as may be provided by law"
Article IX – Executive Department
The president and the vice president must be from the same party and shall be elected as a team. A vote for the presidential candidate will also be counted as a vote for his or her running mate.
The president and the vice president will each serve a term of 4 years and will be eligible for one reelection.
Increases the age qualification for presidential and vice presidential candidates to at least 45 years old on the day of the elections. They are also required to have earned college degrees.
Like in the present Constitution, the Vice President is next in line should the President die, have a permanent disability, be removed from office, or resign.
Specifies that the President has the power to grant amnesty with the concurrence of a majority of all the members of Congress, which will be voting separately
Adds a new line in Section 21 saying that no foreign military bases, troops, and facilities may be allowed in the Philippines except under a treaty concurred in by the Senate. If Congress requires it, the treaty will also have to be ratified by a majority of the votes cast by the people in a national referendum.
Article X – The Judiciary
Specifies that the President has the power to grant amnesty with the concurrence of a majority of all the members of Congress, which will be voting separately
Adds a new line in Section 21 saying that no foreign military bases, troops, and facilities may be allowed in the Philippines except under a treaty concurred in by the Senate. If Congress requires it, the treaty will also have to be ratified by a majority of the votes cast by the people in a national referendum.
Article X – The Judiciary
Instead of a Judicial and Bar Council, a Judicial Appointments and Disciplinary Council will be created to recommend appointees to the judiciary. Ex-officio members include the SC chief justice, SC court administrator, representative from the Senate minority, representative from the House minority, Civil Service Commission (CSC) chairperson, and Department of Justice (DOJ) secretary. The regular members are a representative from the Integrated Bar of the Philippines, a law professor designated by the Philippine Association of Law Schools, and a retired member of the SC to be designated by the Association of the Retired Justices of the Supreme Court.
Article XI – Constitutional Commissions
Article XI – Constitutional Commissions
Includes the Commission on Human Rights (CHR) among the list of independent constitutional commissions. The CHR will have the power to investigate all forms of human rights violations involving civil and political rights.
Removes the provision establishing a free and open party system in the 1987 Constitution
Adds a new line saying the power of the Commission on Elections (Comelec) to investigate and cause the prosecution of election-related crimes shall be vested in the DOJ
Article XII – Local Governments and Federal States
Article XII – Local Governments and Federal States
The territorial and political subdivisions of the Philippines are the provinces, cities, municipalities, and barangays. But new provisions give these political units the option to become a federal state.
Does not impose a specific number of federal states to be established
Sets term of office for elective local officials to 4 years, except for barangay officials, "which shall be determined by law"
A federal state may be created upon a petition addressed to Congress by contiguous, compact, and adjacent provinces, highly urbanized and component cities, and cities and municipalities in metropolitan areas through a "resolution of their respective bodies." The resolution must be approved by a majority of the votes cast in a plebiscite to be held in the political units affected.
In "exceptional cases," a province may be established as a federal state based on area; population; necessity; geographical distance; environmental, economic, and fiscal viability; and "other special attributes."
A federal state will be led by a unicameral territorial assembly, whose members shall be elective and representative of the constituent political units.
Gives Congress the task of passing an organic act that will define the basic structure of government for the federal states
Federal states must support the national government in "maintaining the integrity and independence of the Republic and shall comply with and enforce this constitution and all national laws."
When a law of a federal state or a local government is inconsistent with the national law, the latter will prevail.
A federal state will have jurisdiction over the following:
Administrative organization, planning, budget, and management
Creation of sources of revenues and finance
Agriculture and fisheries
Natural resources, energy, environment, indigenous-appropriate technologies and inventions
Trade, industry, and tourism
Labor and employment
Public works and transportation, except railways, shipping, and aviation
Health and social welfare
Education and the development of language, culture, arts
Ancestral domain and natural resources
Housing, land use and development
Article XIII – Accountability of Public Officers
Trade, industry, and tourism
Labor and employment
Public works and transportation, except railways, shipping, and aviation
Health and social welfare
Education and the development of language, culture, arts
Ancestral domain and natural resources
Housing, land use and development
Article XIII – Accountability of Public Officers
Adds a new line that will include in the list of public officers the directors and trustees who represent the interests of the State in government-owned or controlled corporations with original charters as well as persons appointed to official positions in these entities
Removes the phrase "other high crimes or betrayal of public trust" among the reasons to impeach the president, vice president, SC justices, members of constitutional commissions, and the Ombudsman
Removes the requirement for the Ombudsman to have at least 10 years or more serving as a judge or engaged in the practice of law in the Philippines. Instead, "the Ombudsman must have at least been a judge or engaged in the practice of law in the Philippines."
Removes the line saying public officers and employees owe the State and the constitution "allegiance at all times"
Article XIV – National Economy and Patrimony
Article XIV – National Economy and Patrimony
Removes provision saying the State shall "promote industrialization and full employment based on sound agricultural development and agrarian reform"
Instead of Congress being tasked to "create an agency to promote the viability and growth of cooperatives," the legislative branch will only be tasked "to strengthen the viability and growth of cooperatives"
Instead of Congress being tasked to "create an agency to promote the viability and growth of cooperatives," the legislative branch will only be tasked "to strengthen the viability and growth of cooperatives"
Congress will be tasked to periodically review the social and economic viability of government owned or controlled corporations "as often as may be deemed necessary," but at least once every 5 years.
Adds a new line directing the State to enhance the economic efficiency and promote free competition in trade, industry, and commercial activities. No anti-competitive agreement or abuse of dominant position allowed.
Specifies that the Bangko Sentral ng Pilipinas will be the central monetary authority unless "Congress otherwise provides"
Article XV – General Provisions
Specifies that the Bangko Sentral ng Pilipinas will be the central monetary authority unless "Congress otherwise provides"
Article XV – General Provisions
Imposes a fixed term "as prescribed by law" for the tour of duty of the chief of staff, vice chief of staff, deputy chief of staff, and chiefs of major services of the AFP. The president is allowed to extend this tour of duty by just one year in times of war declared by Congress or "in the interest of defense and national emergency as determined" by the president.
Removes the line establishing one national police force
Removes the line saying the ownership and management of mass media "shall be limited to citizens of the Philippines or to corporations, cooperatives or associations, wholly-owned and managed by such citizens"
Removes the line limiting the engagement in the advertising industry just for Filipino citizens or corporations or associations with at least 70% of the capital owned by Filipinos. Also removes the line limiting the participation of foreign investors in the governing body of entities based on their proportionate share in the capital.
Adds a new provision exempting from the payment of taxes and duties all revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes
A new line also directs the State to assign the "highest budget priority" to education
Article XVI – Amendments or Revisions
No changes
Article XVII – Transitory Provisions
A new line also directs the State to assign the "highest budget priority" to education
Article XVI – Amendments or Revisions
No changes
Article XVII – Transitory Provisions
Puts the Senate president – not the vice president – as next in line should the president be unable to perform his functions
All branches of the government will function in a transitory character until all their successors are elected or appointed and are duly qualified.
The term of the president and the vice president will end on June 30, 2022 and will not be extended.
Bars the incumbent President from running for the same position during the 2022 elections
Sets the first national and local elections for the new president, vice president, senators, representatives, and local officials on the second Monday of May 2022.
They will assume office at 12 pm on June 30, 2022.
Upon ratification of the new constitution, the incumbent President and Vice President will continue exercising their powers and functions until the election of their successors.
Seats allocated for party-list representatives shall be filled by election in accordance with Republic Act No. 7941 or the Party-list System for the May 2022 National Elections.
All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive issuances "not inconsistent with this Constitution" shall remain operative until amended, repealed, or revoked.
All existing treaties or international agreements which have not been ratified will not be renewed or extended without concurrence of at least 2/3 of all senators
All courts existing when the new constitution is ratified will continue exercising their jurisdiction "until otherwise provided by law."
All courts existing when the new constitution is ratified will continue exercising their jurisdiction "until otherwise provided by law."
Incumbent members of the judiciary will be in office until they reach the age of 70, become incapacitated to perform their duties, or are removed for cause or by the abolition of their office.
Within 6 months after the new constitution's ratification, the SC, Court of Appeals, Court of Tax Appeals, and the Sandiganbayan must adopt a systematic plan to expedite the decision or resolution of pending cases.
The legal effect of the lapse of the applicable period for the decision or resolution of the cases or matters submitted for adjudication by the courts before the ratification of the new constitution will be determined by the SC "as soon as practicable."
Incumbent members of the CSC, Comelec, and the Commission on Audit will stay in office for one year after the ratification of the new constitution, unless they are "sooner removed for cause," become incapacitated to perform their duties, or have been appointed to a new term. No member shall serve longer than 7 years, including the service before the ratification of the new constitution.
Gives separation pay and retirement and other benefits to career civil service employees who are separated from the service "not for cause" but as a result of the reorganization under the new constitution
The constitution will "take effect immediately" upon its ratification by a majority of the votes cast in a plebiscite and will supersede all previous constitutions.
XXX.
XXX.
– Rappler.com
x x x."
Rule on Precautionary Hold Departure Order
See - https://www.lexology.com/library/detail.aspx?g=7ac7a2f5-b33b-4ba4-b28c-655c4aec03a9
"x x x.
The Supreme Court issues Rule on Precautionary Hold Departure Order
Quisumbing Torres
Philippines October 15 2018
The Supreme Court has recently issued A.M. No. 18-07-05-SC or the "Rule on Precautionary Hold Departure Order" ("PHDO Rules").
What the PHDO Rules say
A PHDO will prevent a person suspected of a crime from departing the country. Upon motion by the complainant, during the pendency of a preliminary investigation for a criminal complaint, a prosecutor may apply for a PHDO with the proper Regional Trial Court ("RTC"), when (a) there is high probability that the subject will depart from the Philippines to evade arrest and prosecution; (b) there is a preliminary finding by the RTC Judge of probable cause; and (c) the crime is punishable with imprisonment of at least 6 years and 1 day. The PHDO may be issued without notice and hearing (ex-parte).
The respondent may file a verified motion for temporary lifting of the PHDO before the RTC which issued the PHDO upon the following grounds: (a) there is doubt that probable cause exists based on the complaint-affidavit and the evidence that he will present; and (b) he is not a flight risk. The respondent may also ask the issuing court to allow him to leave the country upon his posting of a bond.
Actions to consider / Conclusion
Under the previous rules, a criminal case should first be filed in court before a Hold Departure Order may be issued (to prevent an accused from leaving the country). Under the new PHDO Rule, a respondent in a preliminary investigation may already be prevented from leaving the country pursuant to a PHDO.
"x x x.
The Supreme Court issues Rule on Precautionary Hold Departure Order
Quisumbing Torres
Philippines October 15 2018
The Supreme Court has recently issued A.M. No. 18-07-05-SC or the "Rule on Precautionary Hold Departure Order" ("PHDO Rules").
What the PHDO Rules say
A PHDO will prevent a person suspected of a crime from departing the country. Upon motion by the complainant, during the pendency of a preliminary investigation for a criminal complaint, a prosecutor may apply for a PHDO with the proper Regional Trial Court ("RTC"), when (a) there is high probability that the subject will depart from the Philippines to evade arrest and prosecution; (b) there is a preliminary finding by the RTC Judge of probable cause; and (c) the crime is punishable with imprisonment of at least 6 years and 1 day. The PHDO may be issued without notice and hearing (ex-parte).
The respondent may file a verified motion for temporary lifting of the PHDO before the RTC which issued the PHDO upon the following grounds: (a) there is doubt that probable cause exists based on the complaint-affidavit and the evidence that he will present; and (b) he is not a flight risk. The respondent may also ask the issuing court to allow him to leave the country upon his posting of a bond.
Actions to consider / Conclusion
Under the previous rules, a criminal case should first be filed in court before a Hold Departure Order may be issued (to prevent an accused from leaving the country). Under the new PHDO Rule, a respondent in a preliminary investigation may already be prevented from leaving the country pursuant to a PHDO.
Monday, October 15, 2018
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