Defensor-Santiago vs. COMELEC (G.R. No. 127325. March 19, 1997)

Legem Advocatus

MIRIAM DEFENSOR SANTIAGO, ALEXANDER PADILLA, and MARIA ISABEL ONGPIN, petitioners

vs.

COMMISSION ON ELECTIONS, JESUS DELFIN, ALBERTO PEDROSA & CARMEN PEDROSA, in their capacities as founding members of the People’s Initiative for Reforms, Modernization and Action (PIRMA), respondents.

SENATOR RAUL S. ROCO, DEMOKRASYA-IPAGTANGGOL ANG KONSTITUSYON (DIK), MOVEMENT OF ATTORNEYS FOR BROTHERHOOD INTEGRITY AND NATIONALISM, INC. (MABINI), INTEGRATED BAR OF THE PHILIPPINES (IBP), and LABAN NG DEMOKRATIKONG PILIPINO (LABAN), petitioners-intervenors.

Ponente: DAVIDE, JR.

FACTS:

Private respondent filed with public respondent Commission on Elections (COMELEC) a “Petition to Amend the Constitution, to Lift Term Limits of Elective Officials, by People’s Initiative” (Delfin Petition) wherein Delfin asked the COMELEC for an order (1) Fixing the time and dates for signature gathering all over the country; (2) Causing the necessary publications of said Order and the attached “Petition for Initiative on the 1987 Constitution, in newspapers of general…

View original post 952 more words

Criminal Law Book 1 Articles 11 – 20

Philippine Law Reviewers

Art.  11:  Justifying Circumstances – those wherein the acts of the actor are in accordance with law, hence, he is justified.  There is no criminal and civil liability because there is no crime.

  • Self-defense
  1. Reason for lawfulness of self-defense: because it would be impossible for the State to protect all its citizens.  Also a person cannot just give up his rights without any resistance being offered.
  1. Rights included in self-defense:

1.  Defense of person

2.  Defense of rights protected by law

  1. Defense of property:

a.  The owner or lawful possessor of a thing has a right to exclude any person from the enjoyment or disposal thereof.  For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (Art. 429, New Civil Code)

b.    defense of chastity

  1. Elements:
  1. 1.      Unlawful Aggression

View original post 14,237 more words

Latin phrases in statutory construction

He says: “You are the one I love the most among the women in my life, and that includes my mother, my sister and my grandmother.” You ask him, “Is that ejusdem generis or expressio unius?” And he answers, “Ejusdem generis.” Should you slap him or kiss him?
Here’s a short reviewer on some Latin phrases in Legal Method. The phrases are followed by a very short description of cases that illustrate the Latin rule. The definitions are taken from Agpalo’s book on Statutory Construction.

View original post 1,288 more words

DEMETRIA V ALBA

Lazy Legal Bones Will Digest

G.R. No. 71977 | February 27, 1987 | J. Fernan

Facts:

Petitioners assail the constitutionality of the first paragraph of Sec 44 of PD 1177 (Budget Reform Decree of 1977)—as concerned citizens, members of the National Assembly, parties with general interest common to all people of the Philippines, and as taxpayers—on the primary grounds that Section 44 infringes upon the fundamental law by authorizing illegal transfer of public moneys, amounting to undue delegation of legislative powers and allowing the President to override the safeguards prescribed for approving appropriations.

The Solicitor General, for the public respondents, questioned the legal standing of the petitioners and held that one branch of the government cannot be enjoined by another, coordinate branch in its performance of duties within its sphere of responsibility. It also alleged that the petition has become moot and academic after the abrogation of Sec 16(5), Article VIII of the 1973…

View original post 292 more words

Featured Image -- 1386

The Art of Getting By

Monologues

“Since the dawn of recorded history, something like 110 billion human beings have been born into this world.  And not a single one of them made it.  There are 6.8 billion people on the planet.  Roughly 60 million of them die every year. 60 million people.  That comes out to about 160,000 per day.  I read this quote once when I was a kid, “We live alone, we die alone.  Everything else is just an illusion. ”  It used to keep me up at night.  We all die alone.  So, why am I supposed to spend my life working, sweating, struggling? For an illusion?  Because no amount of friends, no girl, no assignments about conjugating the pluperfect or determining the square root of the hypotenuse is gonna help me avoid my fate.  I have better things to do with my time.”

“I need to tell you something. You were right, in…

View original post 303 more words

The Art of Getting By (Memorable Quotes)

IMQUOTINGQUOTATIONS

Since we’re all too scared to say the things worth saying, we just wait for some fictional characters to say it for us.
It’s safer that way, of course. But it’s never less agonizing. Never.

Image

“Use that brain of yours to express that beautiful heart of yours. So figure out what you want to say and say it.”

Image

“You just gotta do it or else it will never happen.”

Image

“I’m so sorry I lost you. I broke my promise.”

Image

“You gotta do something here. You might lose her.”

Image

“I actually felt something. That doesn’t always happen, it hasn’t happened in a very long time… and I have lived long enough to know that when it does, you should act on it.”

Image

“Things change, sometimes so quickly you don’t even notice it.”

Image

“I’m in love with you. I always have been. I thought you were the unfair one, but it was unfair of me…

View original post 20 more words

How to Date a Law School Student

Trickum Legis

Fish where the Fish Are

To meet a law school student, you need to be in a law school-rich location. Topping the list is Washington D.C., where around 1 out of every 12 people is a lawyer, right behind New York, which has 1 lawyer for every 127 people. At the very bottom of the list is Guam, which has only 1 lawyer for every 734 people, preceded by Arkansas, which has only 1 lawyer for every 507 people.

Go in for the Kill

Once you’re in a law school student-rich environment, you’ll need to go in for the kill. Our survey made it clear that students spend more time in one place than any other: the law school library. If infiltrating a law library seems impractical or illegal, your next best option is a bar—that is, a bar association event. Finally, you could frequent bars (where they sell drinks)…

View original post 485 more words