Amoroso was· charged with treason before a military court martial. He was acquitted. He was later charged with the same offense before a Regional Trial Court. He asks that the information be quashed on the ground of double jeopardy. The prosecution objects, contending that for purposes of double jeopardy, the military court martial cannot be…
PO1 Adrian Andal is known to have taken bribes from apprehended motorists who have violated traffic rules. The National Bureau of Investigation conducted an entrapment operation where P01 Adrian was caught red-handed demanding and taking PhP500.00 from a motorist who supposedly beat a red light. After he was apprehended, PO1 Adrian was required to submit…
Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt internal rules governing the allotment of cases among its divisions, the rotation of justices among them, and other matters relating to the internal operations of the court. Section 6 of Article IX-A of the Constitution allows each of the Constitutional Commissions…
Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement (VFA), the custody of a United States (US) personnel who becomes subject to criminal prosecution before a Philippine court shall be with the US military authorities, if the latter so requests. The custody shall begin from the commission of the offense…
Ascertain the constitutionality of the following acts: (2.5% each) (a) An investigation conducted by the Ombudsman against a Commissioner of the Commission on Audit for serious misconduct. (b) A law prohibiting any court, other than the Supreme Court, from issuing a writ of injunction against an investigation being conducted by the Ombudsman. (c) A law…
In 1990, Agripina migrated to Canada and acquired Canadian citizenship. In 2008, Agripina retired and returned to the Philippines to permanently reside in her hometown of Angeles, Pampanga. A month after returning to the Philippines, Agripina took her oath of allegiance and executed a sworn renunciation of her Canadian citizenship in accordance with R.A. No….
Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due Course were filed with the Comelec against two candidates running as municipal mayors of different towns. The first petition was against Anselmo. Years ago, Anselmo was charged and convicted of the crime of rape by final judgment, and was sentenced to suffer the…
The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as contenders. Arnaldo filed a petition with the Comelec to cancel Anacleto’s Certificate of Candidacy (CoC) for misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a copy of Anacleto’s Spanish passport and a certification from the Bureau of Immigration (Bl)…
Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on Elections (Comelec), was proclaimed as one of the winning party-list groups in the last national elections. Its first nominee, Alejandro, assumed office as the party-list representative. About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled…
State whether or not the following acts are constitutional: (2% each) (a) A law prescribing as qualifications for appointment to any court lower than the Supreme Court, Philippine citizenship, whether natural-born or naturalized, 35 years of age on the date of appointment, and at least eight years as a member of the Philippine Bar; (b)…