1. Concept a. Constitutional right The right to privacy, as an inherent concept of liberty, has long been recognized as a constitutional right. (Gamboa v. Chan, En Banc, G.R. No. 193636, 24 July 2012) 3 strands of the right to privacy 1) Locational or situational privacy; 2) Informational privacy; and 3) Decisional privacy. (Vivares v….
1. Requisites of a valid warrant Requisites of a valid warrant: A search warrant shall not issue except: 1) Upon probable cause; 2) In connection with one specific offense; 3) To be determined personally by the judge; 4) After examination under oath or affirmation of the complainant and the witnesses he may produce; and 5)…
1. Concept No person shall be denied the equal protection of the laws. (Section 1, Article III, 1987 Constitution) a. Classification The equal protection of the laws clause of the Constitution allows classification. Classification in law, as in the other departments of knowledge or practice, is the grouping of things in speculation or practice because…
1. Concept a. 2 aspects of due process Due process of law has two aspects: substantive and procedural. In order that a particular act may not be impugned as violative of the due process clause, there must be compliance with both the substantive and the procedural requirements thereof. (Alliance for the Family Foundation, Philippines, Inc….
1. Composition and qualifications Composition, There shall be a Commission on Audit composed of a Chairman and two (2) Commissioners. (Section 1[1], Part D, Article IX, Ibid.) Same; Limitation. At no time shall all Members of the Commission belong to the same profession. (Section 1[1], Part D, Article IX, Ibid.) Qualifications of COA Chairperson and…
1. Composition and qualifications Composition. There shall be a Commission on Elections composed of a Chairman and six (6) Commissioners. (Section 1[1], Part C, Article IX, Ibid.) Same; Majority – Members of Philippine Bar. A majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of…
Preliminary Civil Service. The Civil Service shall be administered by the Civil Service Commission. (Section 1[1], Part B, Article IX, 1987 Constitution) Coverage; All parts of the Government, including GOCCs with original charters. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. (Section…
1. Independent The Constitutional Commissions, which shall be independent, are: 1) The Civil Service Commission (CSC); 2) The Commission on Elections (COMELEC); and 3) The Commission on Audit (COA). (Section 1, Part A, Article IX, 1987 Constitution) 2. Appointment By the President with consent of Commission on Appointments. The Chairman and the Commissioners shall be…
1. Composition 1 Chief Justice and 14 Associate Justice. The Supreme Court shall be composed of a Chief Justice and fourteen (14) Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof. (Section 4[1],…
1. Concept a. Constitutional and statutory qualifications In general. A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence. (Section 7[3], Article VIII, 1987 Constitution) Constitutional Qualifications: Supreme Court No person shall be appointed Member of the Supreme Court unless he is: 1) A natural-born citizen of the Philippines;…