Pinoy Law Student Buddy

G.R. No. 217097. February 23, 2022 ROLANDO UY Y SAYAN ALIAS "NONOY," Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.  J. Hernando  Constitutional Mandate on Search and Seizures. Section 2, Article III of the 1987 Constitution mandates that search and seizures must be carried out through or on the strength of a judicial warrant predicated upon the existence of probable cause. Otherwise, searches and seizures done without a valid warrant are considered intrusive and unreasonable within the meaning of the said constitutional provision. The Constitution provides further safeguards such that the evidence obtained and confiscated on the occasion of unreasonable searches and seizures are considered tainted, and consequently, inadmissible in evidence for any purpose in any proceeding. However, there is a recognized exception to the need of securing a warrant before a search may be effected, that is, a warrantless search incidental to a lawful arrest. In such instances, the law ...

What is  civil interdiction ?  Civil interdiction is an accessory penalty imposed when an offender is sentenced to the principal penalties of either death,  reclusión  temporal, or  reclusión  perpetua. The Revised Penal Code provide: ARTICLE 40. Death — Its Accessory Penalties. — The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date of sentence, unless such accessory penalties have been expressly remitted in the pardon. ARTICLE 41. Reclusión Perpetua and Reclusión Temporal — Their accessory penalties. — The penalties of reclusión perpetua and reclusión temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal pen...

  [ REPUBLIC ACT NO. 11479, July 03, 2020 ] AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM, THEREBY REPEALING REPUBLIC ACT NO. 9372, OTHERWISE KNOWN AS THE "HUMAN SECURITY ACT OF 2007" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Short Title. - This Act shall henceforth be known as "The Anti-Terrorism Act of 2020". Section 2. Declaration of Policy. - It is declared a policy of the State to protect life, liberty, and property from terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to have welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against The Law of Nations. In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the Constitution. The State recognizes that the fight against terrorism requires a comp...