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Privilege of the Writ of Habeas Corpus

Saturday, May 27, 2017 / No Comments


The Writ of Habeas Corpus
The Writ of Habeas Corpus is a writ directed to the person detaining
another, commanding him to produce the body of the prisoner at a
designated time and place, with the day and cause of his caption
and detention, to do, to submit to, and receive whatever the court
or judge awarding the writ shall consider in his behalf.


Purpose
The great object of which is the liberation of those who
may be in prison without sufficient cause.


To What Habeas Corpus Extends
Except as otherwise provided by law, the writ of habeas corpus shall
extend to all cases of illegal confinement or detention by which any
person is deprived of his liberty, or by which the rightful custody
of any person is withheld from the person entitled thereto.


Privilege
It is the right to have an immediate determination of the
legality of the deprivation of physical liberty.


Suspension of the Privilege

In case of invasion or rebellion, when the public safety requires
it, the President, may for a period not exceeding 60 days, suspend
the privilege of the writ of habeas corpus.


General Limitations on the power to suspend the privilege
1. Time limit of 60 days
2. Review and possible revocation by congress
3. Review and possible nullification by the Supreme Court.


To Whom Applicable
The Suspension of the privilege of the writ shall apply only to
persons judicially charged for rebellion or offenses inherent
in or directly connected with invasion.


Effect on Applicable Persons
During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charge within 3 days,
otherwise he shall be released.


What happens if the person arrested or detained is not 
judicially charge nor released after 3 days ?
The Public officer will be liable under Art.125 of the
Revised Penal Code for delay in the delivery of detained person.


Persons suspected of the above crimes can be arrested and detained
without warrant of arrest.


The suspension of the privilege does not make the arrest without
warrant legal. But the military is in effect, enabled to make the
arrest anyway since, with the suspension of the privilege, there
is no remedy available against such unlawful arrest. (arbitrary
detention).


The Crime for which he is arrested must be one related to
rebellion or invasion. As to other crimes, the suspension of the
privilege does not apply.


The Suspension of the privilege of the writ does not impair
the right to bail.


Grounds For Suspending The Privilege Of the Writ Of Habeas Corpus
1. In Case of Invasion or Rebellion
2. When the public safety requires it


Duration
Not to exceed 60 days, following which it shall be lifted,
unless extended by congress.


Ways To Lift The Suspension
1. Lifting by the President himself
2. Revocation by congress
3. Nullification by the Supreme Court
4. By operation of law after 60 days


Duty of the President
Within 48 hours from the proclamation of Martial law or the
suspension of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in writing to the
congress.


Role of Congress
1. Congress convenes
2. Congress may either revoke or extend


The Congress if not in session shall, within 24 hours following
the proclamation or suspension , convene according to its rule
without need of a call.


The Congress, voting jointly, by a vote of at least a majority
of all its members in regular or special session, may revoke
the proclamation or suspension, which the President may not set
aside.


Upon the initiative of the President, the congress may, in the same
manner, extend such proclamation or suspension for a period to be
determined by the congress, if the invasion or rebellion shall
persist and public safety requires it.


Role of the Supreme Court
The Supreme Court may review in appropriate proceeding filed by
any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of
the writ or the extension thereof, and must promulgate  its
decision thereof within 30 days from its filing.


1997 Bar Exam Question

Facts:
Claiming they were illegally arrested without any warrant of arrest,
Petitioners sued several officers of the AFP for damages. The
officers of the AFP argued that the action was barred since the
suspension of the privilege of the writ of habeas of corpus
precluded judicial inquiry into the legality of their detention.


Held:
The contention of the AFP officers has no merits.
The suspension of the privilege of the writ of habeas corpus does
not render valid an otherwise illegal arrest or detention.
What is suspended is merely the right of individual to seek
release from detention through the writ of habeas corpus.

Licensure Examination For Teachers (LET) September 2015

Monday, November 30, 2015 / No Comments
licensure examination for teachers LET

The result of the September 2015 Licensure Examination for
Teachers (LET) has been released.


68,442 examinees took the Elementary Teachers exam but only
21,461 passed.


Click here to view the names of those who passed.


        Read: Topnotchers Elementary Level


Two Elementary Level Examinees Tied for 1st Place. They are
1. Paulo Icaranom Bernardino of Catanduanes State University.
   He has a rating of 87.20%
2. Pauline Joviene Dizon Quiazon of Angeles University Foundation.
   She has a rating of 87.20%.


UST is the No.1 school in the elementary level. Out of its 132
examinees, only 5 failed. It has a passing percentage of 96.21%.


UST is also the No.1 school in the secondary level. Out of its
177 examinees, only 9 failed. It has a passing percentage of
94.92%.


81,463 examinees took the Secondary Teachers exam but only
34,010 passed.


Click here to view the names of those who passed.


        Read: Topnotchers Secondary Level


Eula Mae Carlos Busbus of University of Mindanao in Davao City
is the secondary level exam 1st placer. She has a rating of
90.20%.


Registration for the issuance of Professional Identification
Card (ID) and Certificate of Registration will start on
December 7, 2015.


The requirements for the issuance of Certificate of Registration
and Professional Identification Card (ID) are the following:
1. Duly accomplished Oath Form or Panunumpa ng Propesyonal
2. Latest Community Tax Certificate (Cedula)
3. 1 piece passport size picture (colored with white background
    and complete name tag)
4. Metered documentary stamp for the Oath Form
5. The Initial Registration Fee of P600 and Annual Registration
    Fee of P450 for 2015-2018.


Successful examinees should personally register and sign in the
Roster of Registered Professionals.


The dates and venues for the oath taking ceremonies of the new
successful examinees in the said examination will be announced
later.

Christmas Bonus: Not All Employees Will Get It

Friday, November 27, 2015 / No Comments
christmas bonus

Christmas day is coming in less than 30 days from now and as
usual, every employee is looking forward to that yearly
Christmas bonus given by the employer.


One day, I am with a couple of friends talking about what we
will do with our Christmas bonus and one of our friend said
that we are very lucky to receive one and he does not.


I asked why? he answered, because it has been like that for
a long time.


I wondered why there are some companies that do not give
Christmas bonuses.


I asked somebody from our personnel department why some
employees do not receive a Christmas bonus.


He explained that not all employees are qualified to receive
a Christmas bonus. There is no law mandatorily requiring an
employer to pay a Christmas bonus but there is a law called
13th month pay law that requires employer to pay their
employees not later that December 24 of each year.


But even then, he explained, there are certain instances
when an employer is exempt from paying the 13th month pay
and they are the following:


Exempted Employers

1. The Government and any of its political subdivisions,
    including government-owned and controlled corporations,
    except those corporations operating essentially as private
    subsidiaries of the Government;


2. Employers already paying their employees a 13th month
    pay or more in a calendar year or its equivalent at the time
    of this issuance:


          Its Equivalent : includes Christmas bonus, mid-year
          bonus, cash bonuses and other payments amounting to not
          less than 1/12 of the basic salary but shall NOT INCLUDE
          cash and stock dividends, cost of living allowances and all
          other allowances regularly enjoyed by the employee as
          well a non-monetary benefits.


3. Employers of household helpers and persons in the personal
    service of another relation to such workers and;


4. Employers of those who are paid on purely commission,
    boundary or task basis and those who are paid a fixed
    amount for performing specific work, except where the
    workers are paid on piece-rate basis in which case the
    employer shall grant the required 13th month pay to such
    workers.


We are very lucky indeed that in addition to our 13th month
pay, we also receive a Christmas bonus equivalent to half our
monthly salary.


A Christmas Bonus is a money given in addition to an employee's
usual compensation.


It may be given as a gratuity, as an act of liberality. But a
Christmas bonus is demandable as a matter of right if it is made
a legal obligation by law or in a collective bargaining agreement
or in a contract of employment or by its having been given for
such a long time such that the receipt of a bonus has ripened
into a right.


When I came to work with my company, Christmas bonus is already
given yearly so it might be a result of a collective bargaining
agreement or perhaps it has been given by my company for a very
long time even before I came to work that it has ripened into
a right.