“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 […]
Tag: 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 […]
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 […]
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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 […]
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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 […]
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 […]
Mala in se (“evil in itself”) – A crime or an act that is inherently immoral, such as murder, arson or rape. [Black’s Law Dictionary, 9th Ed.] Mala prohibita (“prohibited evil”) – An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral. [Black’s Law […]
A legal maxim that means “the law looks forward, not backward.” Article 4 of the New Civil Code provides, “Laws shall have no retroactive effect, unless the contrary is provided.” Hence, laws are presumed to be prospective unless the intent of the legislature to give them a retroactive effect is expressly declared or is necessarily […]
The Renvoi Doctrine is a legal doctrine which applies when a court is faced with a conflict of law and must consider the law of another state, referred to as private international law rules. This can apply when considering foreign issues arising in succession planning and in administering estates. In this case, the Supreme Court found that […]