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…

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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

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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.

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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…

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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)…

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THE GREAT FORMULA IN PASSING THE BAR EXAMINATIONS

Source: THE GREAT FORMULA IN PASSING THE BAR EXAMINATIONS

Falling in Love with the Study of Law

Source: Falling in Love with the Study of Law

Jokes Part II

lol

Philippine Law Reviewers

Laugh out your stress.  Read the best Filipino lawyer’s jokes from Atty. Lauro (Larry) Gacayan.

Thank you, Atty. Gacayan, for sharing your jokes.

 

IMPOSIBLE!

Isang araw, napansin ni John na sobrang problemado ang kanyang kaibigan na si Abe.

John: Mukhang may malalim ata tayung problema pare ah?

Abe: Oo nga pare.

John: Ano yun?

Abe: Pare, nabuntis ko yung sekretarya ko!

John: Di ba sinabi ko nun na hwag kalimutang gagamit ng contraceptives?

Abe: Pare, gumagamit naman ako ng condom lagi!

John: Makinig ka pare at ipapaliwanag ko!

Abe: Sige nga pare at takut akung malaman ito ng kumare mo.

John: May isang lalake na umakyat ng gubat na may dala-dalang payong. Biglang may sumalubong sa kanya na malaking tigre na akmang papatay sa kanya. Kinalabit niya ang pindutan ng payung niya at may narinig siyang malakas na tunog ng baril. Patay ang malaking tigre!

Abe: Hahahaha..Imposible naman yun…

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The Philippine Constitution

History and Nature of Impeachment and Judicial Review

Batas Pinoy

“THE PHILIPPINES IS A DEMOCRATIC AND REPUBLICAN STATE.  SOVEREIGNTY RESIDES IN THE PEOPLE AND ALL GOVERNMENT AUTHORITY EMANATES FROM THEM.”_[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.  It abhors the concentration of power on one or a few, cognizant that power, when absolute, can lead to abuse, but it also shuns a direct and unbridled rule by the people, a veritable kindling to the passionate fires of anarchy.  Our people have accepted this notion and decided to delegate the basic state authority to principally three branches of government — the Executive, the Legislative, and the Judiciary – each branch being supreme in its own sphere but with constitutional limits and a firm tripod of checks and balances.  The Constitution is the written manifestation of the sovereign will of the people.

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