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Doctrines Political Law

What is Overbreadth Doctrine?

“The doctrine of overbreadth applies generally to statutes that infringe upon freedom of speech.” – Justice Kapunan, in his dissenting opinion on Estrada vs Sandiganbayan, G.R. No. 148560, November 2001

“The application of the overbreadth doctrine is limited to a facial kind of challenge and, owing to the given rationale of a facial challenge, applicable only to free speech cases.” – Southern Hemisphere Engagement Network, Inc. Cs Anti Terrorism Council, 632 SCRA 146

“The overbreadth and the vagueness doctrines have special application only to free-speech cases,” and are “not appropriate for testing the validity of penal statutes.” – Romualdez vs. Sandiganbayan, G.R. No. 152259, July 2004

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Political Law Doctrines

What is Void-For-Vagueness Doctrine?

􏰃􏰄􏰊􏰋The “void-for-vagueness” doctrine􏰥􏰈􏰝􏰃􏰇􏰊􏰌􏰅 holds that a law is facially invalid if men of common intelligence must necessarily guess at its meaning and differ as to its application. – David v. Macapagal-Arroyo, supra., cited in Romualdez v. Commission on Elections, G.R. No. 167011, April 30, 2008

The Supreme Court held that the doctrine can only be invoked against that species of legislation that is utterly vague on its face, i.e., that which cannot be clarified either by a saving clause or by construction. – Estrada v. Sandiganbayan, G.R. No. 148560, November 19, 2001

The void-for-vagueness doctrine cannot be used to impugn the validity of a criminal statute using “facial challenge” but it may be used to invalidate a criminal statute “as applied” to a particular defendant.

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Doctrines Political Law

What is Due-Process Clause?

No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. – 1987 Constitution, Art. III, Sec. 1

Due process means:
1. There shall be a law prescribed in harmony with the general powers of the legislature;
2. It shall be reasonable in its operation;
3. It shall be enforced according to the regular methods of procedure prescribed; and
4. It shall be applicable alike to all citizens of the State or to all of a class. – People v. Cayat, G.R. No. L-45987, May 5, 1939

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Doctrines Political Law

What is Writ of Kalikasan?

This writ is a remedy available to any person whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. – Rule 7, Rules of Procedure for Environmental Cases

The writ of Kalikasan is a legal remedy from the Philippines, from its Article II Section 16 of 1987 Constitution, “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”

Kalikasan is a Filipino word for “nature.”

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Doctrines Political Law

What is Writ of Amparo?

The petition for a writ of Amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof. – The Rule on the Writ of Amparo, A.M. No. 07-09-12-SC

The writ of Amparo serves both preventive and curative roles in addressing the problem of extralegal killings and enforced disappearances. It is preventive in that it breaks the expectation of impunity in the commission of these offenses; it is curative in that it facilitates the subsequent punishment of perpetrators as it will inevitably yield leads to subsequent investigation and action. In the long run, the goal of both the preventive and curative roles is to deter the further commission of extrajudicial killings and enforced disappearances. – The Secretary of National Defense, et al, vs. Manalo, G.R. No. 180906, October 7, 2008

The writ of Amparo came from Latin America.

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Doctrines Political Law

How the Philippine Government is Organized

The Philippines is a republic with a presidential form of government wherein power is equally divided among its three branches: Legislative (authorized to make laws), Executive (carries out laws), and Judicial (evaluates laws).

Credits: https://pia.gov.ph/branches-of-govt

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Doctrines Political Law

What is Writ of Habeas Corpus?

To what habeas corpus extends. – Except as otherwise expressly 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. – Section 1, Rule 102, Revised Rules of Court

A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention. – Oxford Dictionary

A writ of habeas corpus (which literally means to “produce the body”) is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person’s detention. – Criminal.FindLaw.com

The writ of Habeas Corpus originated in England.

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Doctrines Political Law

How Does A Bill Becomes A Law?

Bills are laws in the making. They pass into law when they are approved by the Congress (which consist of both House of Representatives, and Senate) and the President of the Philippines.

A bill may be vetoed by the President, but the Congress may overturn a presidential veto by garnering a 2/3rds vote from each houses. 

If the President does not act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt.