Category Archives: Constitutional Rights

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

What if the rally has no required permit? Is it prohibited? If yes, what should be the proper action to be done by the LGU? What will be the possible penalty?

 x x x Freedom of assembly connotes the right of the people to meet peaceably for consultation and discussion of matters of public concern. It is entitled to be accorded the utmost deference and respect. It is not to be … Continue reading

Posted in BP Blg 880, Constitutional Rights, Freedom of Expression, Freedom of Speech, Peaceful Assembly, Permit, Rally, The Public Assembly Act of 1995 | Tagged , , , , , , | Leave a comment

Does a waiver of an illegal warrantless arrest mean a waiver of the inadmissibility of evidence seized during the illegal warrantless arrest?

Second, there being no valid arrest, the warrantless search that resulted from it was likewise illegal.           The following are the instances when a warrantless search is allowed: (i) a warrantless search incidental to a lawful arrest; (ii) search of … Continue reading

Posted in Constitutional Rights, Dangerous Drug Act, Search and Siezure | Tagged | Leave a comment

What instances when a warrantless search is valid?

Article III, Section 2 of the Philippine Constitution provides:             Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall … Continue reading

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When checkpoints become illegal?

In People v. Escaño,[16] the Court, through the ponencia of Chief Justice Hilario G. Davide, Jr., held: Accused-appellants assail the manner by which the checkpoint in question was conducted. They contend that the checkpoint manned by elements of the Makati … Continue reading

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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

There being no valid arrest, the warrantless search that resulted from it was likewise illegal.

Second, there being no valid arrest, the warrantless search that resulted from it was likewise illegal.           The following are the instances when a warrantless search is allowed: (i) a warrantless search incidental to a lawful arrest; (ii) search of … Continue reading

Posted in Arrest, Constitutional Rights, Dangerous Drug Act, Evidence, Warrantless Search | Tagged , | Leave a comment