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Showing posts with the label barq

Poli Rev: 1987 Constitution

THE 1987 CONSTITUTION AMENDMENTS AND REVISION S  With the passage of time, the members of the House of Representatives increased with the creation of new legislative districts and the corresponding adjustments in the number of party list representatives. At a time when the House membership was already 290, a great number of the members decided that it was time to propose amendments to the Constitution. The Senators, however, were cool to the idea. But the members of the House insisted. They accordingly convened Congress into a constituent assembly in spite of the opposition of the majority of the members of the Senate. When the votes were counted, 275 members of the House of Representatives approved the proposed amendments. Only 10 Senators supported such proposals. The proponents now claim that the proposals were validly made, since more than the required three-fourths vote of Congress has been obtained. The 14 Senators who voted against the proposals claim that the proposals ...

Crim Rev: Fundamental Principles of Criminal Law

FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW  The constitutionality of Sections 4 and 7 of Republic Act No. 8249, an act which further defines the jurisdiction of the Sandiganbayan, is being challenged for its retroactive application. Petitioner Panfilo Lacson, joined by petitioners intervenors Romeo Acop and Francisco Zubia, Jr., also seeks to prevent the Sandiganbayan from proceedings with the trial of Criminal Cases Nos. 23047-23057 (for multiple murder) against them on the ground of lack of jurisdiction. Is Republic Act No. 8249 a penal law? No, Republic Act No. 8249 is not a penal law. Republic Act No. 8249 is a substantive law on jurisdiction which is not penal in character. Criminal law is a branch of public law which defines crimes, treats their nature, and provides for their punishment. Republic Act No. 8249 is a procedural statute. Since Republic Act No. 8249 is not a penal law, its retroactive application cannot be challenged as unconstitutional. Congress passed a law reviving...