Category Archives: Constitutional Rights

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

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?

Posted on July 24, 2015 by Erineus

 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?

Posted on March 7, 2015 by Erineus

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?

Posted on March 7, 2015 by Erineus

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 →

Posted in Constitutional Rights | Tagged , , | Leave a comment

When checkpoints become illegal?

Posted on March 7, 2015 by Erineus

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 →

Posted in Checkpoints, Constitutional Rights, PNP | Tagged | Leave a comment