Writs of habeas corpus, kalikasan, habeas data, and amparo

This particular entry was just added to the 2022 Political Law bar syllabus, particularly under the Bill of Rights (even if I think it’s better suited for Remedial Law). Does that mean that it’s going to come up? Probably, but I think the question won’t focus too much on the procedure. So let’s talk about

Political Law: What To Expect

We’re back! It’s been a long time since we posted anything here. That’s what happens when you have a job from 7 a.m. to 9 p.m., I guess. But that doesn’t matter now because we have all the time in the world to continue our bar review series. We started this blog series with the

Right Against Involuntary Servitude, Ex Post Facto Laws and Bills of Attainder

We’re down to our last post on the Bill of Rights! Yay. Review proper is coming up and these posts will most likely not follow any specific order anymore. It’s nice that we’ll be done with the Bill of Rights before that. Anyway, let’s get to it. RIGHT AGAINST INVOLUNTARY SERVITUDE This is a pretty

Non-Imprisonment for Debts and Right Against Double Jeopardy

We’re nearing the end of the Bill of Rights (Article III), the article with the most questions in the Political Law Bar Exams. Yay. Double Jeopardy will also be the last “mind-numbing” topic, so let’s get this done. NON-IMPRISONMENT FOR DEBTS The prohibition on imprisonment for debts is embedded in Sec. 20: It’s pretty straightforward

Right Against Excessive Fines and Cruel, Degrading, and Inhuman Punishments

These rights are embedded in Sec. 19 of the Constitution. RIGHT AGAINST CRUEL, DEGRADING, INHUMAN PUNISHMENT Justice Leonen masterfully and wholly explains the right against cruel, degrading, and inhuman punishment in his Separate Opinion in In the Matter of the Urgent Petition for the Release of Prisoners on Humanitarian Grounds in the Midst of the

Right to the Speedy Disposition of Cases

We’ve discussed the principle behind this right when we talked about the right to speedy trial. So what’s the difference between the right to speedy trial and the right to the speedy disposition of cases? It’s just the application:“The right to a speedy trial is invoked against the courts in a criminal prosecution. The right

Rights of the Accused: Part IV (Right of confrontation, Compulsory process, Trial in absentia)

Onto the last part of rights of the accused. RIGHT OF CONFRONTATION This right is often associated with the right to cross-examine a witness. “The right of confrontation is one of the fundamental rights guaranteed by the Constitution to the person facing criminal prosecution who should know, in fairness, who his accusers are and must

Rights of the Accused: Part III (Right to be informed of the nature and cause of accusation, Right to speedy, impartial, and public trial)

Let’s continue our discussion on the rights of the accused. right to be informed of the nature and cause of accusation This right refers mainly to the part of the arraignment proceedings where the accused is informed of the nature and cause of the accusation against him based on the Information or complaint, and whether

Rights of the Accused: Part II (presumption of innocence, right to be heard, assistance of counsel)

Last time, we talked about criminal due process and bail. Let’s continue our discussion on the rights of the accused with the presumption of innocence. PRESUMPTION OF INNOCENCE This topic seems easy enough to understand, but let’s discuss it anyway. Like almost all of the rights of the accused, the right to be presumed innocent

Rights of the Accused: Part I (criminal due process, bail)

We’ve recently covered Rights of Persons Under Custodial Investigation. Those rights are available to persons that have been singled out as suspects. Now, let’s go in deeper with the rights of persons already charged with a crime (but some rights here apply even before they are charged). It’s sad that rights of the accused are