Tag Archives: Philippines

People vs. Claudio Teehankee, Jr. (Case Digest)

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[This is a digest of People vs. Claudio Teehankee, Jr., G.R. Nos. 111206-08, 6 October 1995.]

The facts:

In 1991, Jussi Olavi Leino was taking Maureen Hultman to her home at Campanilla Street, Dasmarinas Village, Makati. Roland John Chapman went with them. When they entered the village, Maureen asked Leino to stop about a block away from her house, as she wanted to walk the rest of the way for she did not want her parents to know that she was going home that late. Leino offered to walk with her while Chapman stayed in the car and listened to the radio.

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Emergency Powers of the Philippine President

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There’s a storm brewing over the grant of emergency powers in favor of the President to address the issue on water and power shortage in the face of a drought. Let’s not discuss the merits of such grant, but let’s discuss the Constitutional basis thereof.

Emergency, as a generic term, connotes the existence of conditions suddenly intensifying the degree of existing danger to life or well-being beyond that which is accepted as normal. Implicit in this definitions are the elements of intensity, variety, and perception. Emergencies, as perceived by legislature or executive in the United States since 1933, have been occasioned by a wide range of situations, classifiable under 3 principal heads: (a) economic; (b) natural disaster; and (c) national security.

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Abortion and Contraception in the Philippines

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Abortion, which is legal in the United States, was on center stage a few months back. The controversy stemmed from the rulings of three appeals courts that declared the Partial-Birth Abortion Ban Act of 2003 as unconstitutional. The United States Supreme Court agreed to review the declaration of unconstitutionality of said law.

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Intellectual Property: Copyright Infringement

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Copyright infringement was previously governed by Presidential Decree No. 49. At present, all laws dealing with the protection of intellectual property rights have been consolidated under Republic Act No. 8293. Notwithstanding the change in the law, the same principles are reiterated in the new law under Section 177. It provides for the copy or economic rights of an owner of a copyright as follows:

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Lambino, et al. vs. COMELEC (G.R. No. 174153, 25 October 2006) – Digest

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On 15 February 2006, the group of Raul Lambino and Erico Aumentado (“Lambino Group”) commenced gathering signatures for an initiative petition to change the 1987 Constitution. On 25 August 2006, the Lambino Group filed a petition with the Commission on Elections (COMELEC) to hold a plebiscite that will ratify their initiative petition under Section 5(b) and (c) and Section 7 of Republic Act No. 6735 or the Initiative and Referendum Act. The proposed changes under the petition will shift the present Bicameral-Presidential system to a Unicameral-Parliamentary form of government.

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Surveys – Shift to Parliamentary System and the Death Penalty

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Among the burning issues of the day is the merits of the move to shift from the current Presidential system to a Parliamentary system. You’ve heard the arguments; it’s time for you to let us hear your opinion. Check the survey at the left-bottom part of this blawg – Survey 2: Presidential to Parliamentary System – Are you in favor of the move to shift the form of government from Presidential to Parliamentary?

The other survey concerns the Death Penalty, which had been abolished this year. Survey 1: The Death Penalty – Are you in favor of bringing back the Death Penalty?