Overseas Filipino Workers are considered as today’s modern heroes and they have their rights that must be upheld: Right to equality. Whatever your race, color, sex, language, religion, political belief or age is, you are equal to everyone. Thinking that you are superior because of your race or that you […]

An ordinance is a rule, law or statute adopted by a municipal legislative body. A resolution is a formal expression of the opinion or will of an official municipal body adopted. TEST OF VALID ORDINANCE Must not contravene the Constitution or any statute; Must not be unfair or oppressive; Must […]

The four primary standards of proof are proof beyond a reasonable doubt, preponderance of the evidence, clear and convincing evidence and substantial evidence. PROOF BEYOND REASONABLE DOUBT Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt. There are very few things in this […]

A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction. Writs of prohibition can be subdivided into “alternative writs” […]

Mandamus is a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty. A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of […]

A Writ of Kalikasan is a legal remedy under Philippine law that provides protection of one’s constitutional right to a healthy environment, as outlined in Section 16, Article II of the Philippine Constitution, which states that the “state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the […]

Amparo was borrowed from Mexico: the right of amparo is a Mexican legal procedure to protect human rights.  Of Mexican origin, thus, “amparo” literally means “protection” in Spanish. de Tocqueville’s “Democracy in America” had been available in Mexico, in 1837 and its description of judicial review practice in the U.S. appealed to many Mexican jurists.  Mexican justice […]

Due process is a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial  Section 1, Article III of the 1987 Constitution states: No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the […]

The term public officer is any person, who, by direct provision of law, popular election or appointment by competent authority, shall take part in the performance of public functions in the government, or shall perform in said government or in any of its branches public duties as an employee, agent […]

Reckless imprudence generally defined by our penal law consists in voluntarily but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his […]

An organization formed with governmental approval to act as an artificial person to carry on business (or other activities), which can sue or be sued and (unless it is non-profit) can issue shares of stock to raise funds with which to start a business or increase its capital. CHARACTERISTICS OF […]

Katarungang Pambarangay, or the Barangay Justice System is a local justice system in the Philippines. It is operated by the smallest of the local government units, the barangay, and is overseen by the barangay captain, the highest elected official of the barangay and its executive.  The barangay captain sits on the Lupon Tagapamayapa along with other barangay residents, […]

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