Category Archives: Constitutional Law

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

Posted on July 24, 2015 by Erineus

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

Posted on July 26, 2014 by Erineus

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?

Posted on July 26, 2014 by Erineus

… 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

Posted on July 25, 2014 by Erineus

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 →

Posted in Constitutional Law, Legislation, LGU, Ordinance, Political Law | Tagged , , , | Leave a comment

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

Posted on July 25, 2014 by Erineus

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 →

Posted in Constitutional Law, Constitutional Rights, Legislation, LGU, Ordinance, Political Law | Tagged , , , | Leave a comment