Category Archives: Constitutional Law

Is it legal to modify the permit to rally without informing the applicant?

Section 6 of the Public Assembly Act reads: Section 6. Action to be taken on the application – (a) It shall be the duty of the mayor or any official acting in his behalf to issue or grant a permit … Continue reading

Posted in Batas Pambansa No. 880, Constitutional Law, Constitutional Rights, LGU, Public Assembly Act | Tagged , , , , | Leave a comment

Statements made against the public figure are essentially true, then no conviction for libel can be had. Any statement that does not contain a provably false factual connotation will receive full constitutional protection

Actual Malice Not Proven         As it has been established that complainant was a public figure, it was incumbent upon the prosecution to prove actual malice on the part of Lim and petitioner when the latter published the article subject … Continue reading

Posted in Constitutional Law, Constitutional Rights, Criminal Law, Freedom of Expression, Freedom of Speech, Freedom of the Press, Libel, Penal Code | Leave a comment

Is vagrancy law constitutional?

… The power to define crimes and prescribe their corresponding penalties is legislative in nature and inherent in the sovereign power of the state to maintain social order as an aspect of police power. The legislature may even forbid and … Continue reading

Posted in Constitutional Law, Criminal Law, Question and Answers, Vagrancy | Tagged , | Leave a comment

Elements of fairness and reasonableness is required for a valid ordinance

The petitioners further assert that drivers or vehicle owners affected by Ordinance No. 1664 like themselves were not accorded the opportunity to protest the clamping, towing, and impounding of the vehicles, or even to be heard and to explain their … Continue reading

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Adherence to the constitutional guaranty of due process of law is required for valid ordinance

Compliance of Ordinance No. 1664with the substantive requirements The first substantive requirement for a valid ordinance is the adherence to the constitutional guaranty of due process of law. The guaranty is embedded in Article III, Section 1 of the Constitution, … Continue reading

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When questions of constitutional significance are raised, the Court can exercise its power of judicial review only if the requisites are present

When questions of constitutional significance are raised, the Court can exercise its power of judicial review only if the following requisites are present: (1) the existence of an actual and appropriate case; (2) the existence of personal and substantial interest … Continue reading

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The meaning and scope of equal protection; when the classification of the subjects of legislation valid?

In City of Manila v. Laguio, Jr.,[17] this Court expounded the meaning and scope of equal protection, thus: Equal protection requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. … Continue reading

Posted in Constitutional Law, Constitutional Rights, Definitions, Equal Protection, Legislation, Question and Answers, Quotations | Tagged | Leave a comment