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COMELEC, Constitutional Law
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…
Applicability of PH criminal law – Criminal Law
1. Principle of generality Under the principle of generality, all persons within the jurisdiction of the Philippines are subject to and bound by the country’s penal laws. 2. Principle of territoriality Except as provided in the treaties and laws of preferential application, the provisions of the Revised Code shall be enforced not only within the…
in pari delicto potior est condition defendentis
Latin maxim. • “The law will not aid either party to an illegal agreement; it leaves the parties where it finds them.” (Bough v. Cantiveros, En Banc, G.R. No. 13300, September 29, 1919) • “the parties to a controversy are equally culpable or guilty, they shall have no action against each other, and it shall…
Right to association, Bill of Rights
1. Concept The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. (Section 8, Article III, 1987 Constitution) a. Not contrary to law Nonetheless, the Constitution limits this particular freedom in the sense that there…
Falsification by public officer, employee or notary or ecclesiastic minister, Revised Penal Code
1. Concept Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. – The penalty of prisión mayor and a fine not to exceed One million pesos (₱1,000,000) shall be imposed upon any public officer, employee, or notary who, taking advantage of his of position shall falsify a document by committing any of…
Analogous mitigating circumstances, A13(10) Revised Penal Code
1. Concept Analogous mitigating circumstance – refers to the mitigating circumstance under the Revised Penal Code that is similar to the other mitigating circumstances under Article 13 of the Revised Penal Code. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 10. And, finally, any other circumstances of a similar nature…