Art. 127. Expulsion. — The penalty
of prision correccional shall be imposed
upon any public
officer or employee who, not being
thereunto authorized by law, shall expel any person from the Philippine Islands
or shall compel such person to change his residence.
Acts punishable under Article 127
1.
By expelling a person...
Delaying Release
Art. 126. Delaying release. — The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said...
Is it still necessary to get a marriage license if the parties to be married have already been living together as husband and wife?
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Marriages Exempted from Licence Requirement
A marriage license is one of the formal requisites of marriage (Article 3, Family Code of the Philippines). Except in the cases provided in Articles 27, 28, 31, 32 and 34 of the Family Code of the Philippines, anyone who wants to be married must secure a marriage license from the local civil registrar of the city or municipality where either...
Civil Service Commission vs Dacoycoy
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Nepotism
,
Political Law Case Digests
To constitute a violation of the law, it suffices that an appointment is extended or issued in favor of a relative within the third civil degree of consanguinity or affinity of the chief of the bureau or office, or the person exercising immediate supervision over the appointee.
Facts:
In 1995, George P. Suan, Citizens Crime Watch Vice-President,
Allen...
People vs. Sola
The primordial aim and intent of the Constitution must ever be kept in mind. In case of doubt, it should be resolved in favor of a change of venue.
The prosecution must be given an opportunity to present, within a reasonable time, all the evidence that it may desire to introduce before the court should resolve the motion for bail.
Facts:
CFI...
Constitutional Safeguards to Insure Independence of the Judiciary
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Judicial Department
The following are the constitutional
safeguards to maintain judicial independence:
1) The Supreme
Court is a constitutional body and cannot be abolished by mere legislation.
2) The members of
the Supreme Court cannot be removed except by impeachment.
3) The Supreme
Court cannot be deprived of its minimum jurisdiction prescribed in Section...
Appointment to the Judiciary
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Judicial Department
Sections 7, Article VIII, 1987 Constitution
1. No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born citizen of the Philippines.
A Member of the Supreme Court must be at least forty years of age, and must
have been for fifteen years or more, a judge of a...
Judicial and Bar Council
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JBC
,
Judicial Department
Section 8, 1987 Phil. Constitution
1. A Judicial and Bar Council is hereby created under the supervision
of the Supreme Court composed of the Chief Justice as ex officio Chairman, the
Secretary of Justice, and a representative of the Congress as ex officio Members,
a representative of the Integrated Bar, a professor of...
Privilege of Speech and of Debate
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Legislative Department
Members of Congress cannot
be prosecuted for any words spoken in debate or in connection with voting or
used in written reports or with things generally done in a session of either
House in relation to the business before it. This protection is extended to
them during the session on the occasion of the exercise of their functions
either in their...
Freedom from Arrest
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Legislative Department
Constitutional Basis
One
of the privileges that a member of Congress enjoys is the privilege from
arrest. In this regard, Section 11, Article VI, of the Constitution provides as
follows:
A Senator or Member of the House of
Representatives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from...
Commission on Appointments
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Commission on Appointments
Section 18. There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve Senators, and twelve
Members of the House of Representatives, elected by each House on the basis of
proportional representation from the political parties and parties or
organizations registered under the party-list...
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