- Alburo Law Offices' Newsletter
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- Page 7
Archive
Threefold Liability Rule
Under the “threefold liability rule,” the wrongful acts or omissions of public officers may give rise to civil, criminal and administrative liabilities. Corollarily, public officers could still be held civilly liable to reimburse the injured party notwithstanding their acquittal. (Matobato, Sr. v. People of the Philippines, G.R. No. 229265, February 15, 2022)
Rules of Succession, Vacancy, and Temporary Disability under the 1987 Constitution
The 1987 Constitution provides for rules on succession, vacancy, and temporary disability of the President and Vice-President of the Philippines. These provisions are designed to ensure continuity of leadership and maintain stability in the executive branch.
What is Double Jeopardy?
In a legal system that promises fairness, the principle of double jeopardy protects individuals from being unjustly accused and prosecuted for the same offense more than once. This is enshrined in Article III, Section 21 of the 1987 Philippine Constitution, which provides: “No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.”
Indeterminate Sentence Law (Act No. 4103, as amended by R.A. No. 4203)
With the passage of the Indeterminate Sentence Law, a prison term which consists of a minimum and maximum term called the indeterminate sentence was created. It is intended to favor the accused, particularly, to shorten his term of imprisonment.
The Supreme Court decides: The Supreme Court underscored that a writ of mandamus may not compel the Commission on Elections (COMELEC) to exercise its discretion in a certain way, such as granting or denying a request to open and recount ballot boxes.
The Supreme Court underscored that a writ of mandamus may not compel the Commission on Elections (COMELEC) to exercise its discretion in a certain way, such as granting or denying a request to open and recount ballot boxes.