Category Archives: Bill of Rights

SC declares that Batas Pambansa No. 880 is constitutional and Calibrated Preemptive Response (CPR) as null and void

Posted on May 20, 2011 by Erineus

Petitioners’ standing cannot be seriously challenged.  Their right as citizens to engage in peaceful assembly and exercise the right of petition, as guaranteed by the Constitution, is directly affected by B.P. No. 880 which requires a permit for all who … Continue reading →

Posted in Bill of Rights, Constitutional Law, Constitutional Rights | Tagged , , , | 1 Comment

Some forms of speech are not protected by the Constitution, meaning that restrictions on unprotected speech may be decreed without running afoul of the freedom of speech clause

Posted on May 19, 2011 by Erineus

Petitioner urges the striking down of the decision suspending him from hosting Ang Dating Daan for three months on the main ground that the decision violates, apart from his religious freedom, his freedom of speech and expression guaranteed under Sec. … Continue reading →

Posted in Bill of Rights, Children and Women, Constitutional Law, Constitutional Rights, Freedom of Speech, MTRCB, Quotations | Tagged , , , , , , | Leave a comment

An appeal by the government seeking to increase the penalty imposed by the trial court places the accused in double jeopardy and should therefore be dismissed

Posted on May 4, 2011 by Erineus

Propriety of Appeal by the Prosecution The prosecution asks this Court to modify the RTC Decision by imposing the supreme penalty of death on the accused.  It argues that it has proven that the victim is the daughter of the … Continue reading →

Posted in Appeal, Bill of Rights, Constitutional Rights, Remedial Law, Right Against Double Jeopardy | Tagged , , | 1 Comment

Prior Conviction or Acquittal of Reckless Imprudence Bars Subsequent Prosecution for the Same

Posted on January 2, 2011 by Erineus

The accused’s negative constitutional right not to be “twice put in jeopardy of punishment for the same offense” protects him from, among others,   post-conviction prosecution for the same offense, with the prior verdict rendered by a court of competent jurisdiction … Continue reading →

Posted in Bill of Rights, Constitutional Law, Quasi-Offense | Tagged , , | Leave a comment

Quote from the Controversial SC Decision on Vizconde Massacre

Posted on December 15, 2010 by Erineus

“In our criminal justice system, what is important is, not whether the court entertains doubts about the innocence of the accused since an open mind is willing to explore all possibilities, but whether it entertains a reasonable, lingering doubt as … Continue reading →

Posted in Bill of Rights, Evidence, Quotations | Tagged | 1 Comment