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Showing posts with the label political law

Legal Principle on Political Law: Impeachable Officers ; Grounds for Impeachment ; Process of Impeachment

 Who are the impeachable officers according to the 1987 Constitution?  President,  Vice-President,  Members of the Supreme Court,  Members of the Constitutional Commissions,  The Ombudsman   What are the grounds for impeachment according to the 1987 Constitution?        for, and conviction of: culpable violation of the Constitution treason bribery graft and corruption other high crimes or betrayal of public trust What is the process for impeachment? The House of Representatives shall have the exclusive power to initiate all cases of impeachment. A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter.  The Committee, after hearing, and by a majority vote of all its ...

Legal Principles on Political Law and Criminal Law: Search and Seizure; Checkpoints; Warrantless Arrests; Chain of Custody

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 ...