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Showing posts from October, 2023

Crim Pro Digest: Casupanan v. Laroya (GR No. 145391)

Criminal Procedure, Digest focusing on Rule 111:  Prosecution of Civil Actions, When Civil Action May Proceed Independently G. R. No. 145391                 August 26, 2002 Avelino Casupanan and Roberto Capitulo , petitioners, v. Mario Llavore Laroya, respondent. Carpio, J. : FACTS: Two vehicles, one driven by respondent Laroya and the other owned by petitioner Capitulo and driven by petitioner Casupanan, figured in an accident. This prompted the filing of two cases before the MCTC of Capas Tarlac: 1st – a criminal case for reckless imprudence resulting to damage to property filed by respondent against Casapunan; 2nd – a civil case arising from a quasi-delict filed by the petitioners against the respondent. The civil case was filed pending preliminary investigation on the criminal case. Respondent as defendant in the civil case filed a motion to dismiss on ground of forum shopping due pendency of the criminal case. The MCTC gr...

Crim Pro Digest: Ampatuan v. De Lima, et.al. (GR No. 197291)

Criminal Procedure, Digest focusing on Rule 110: Prosecution of Offenses, Definition of Complaint or Information  & Rule 119: Trial, Discharge of the Accused to be State Witness G. R. No. 197291          April 3, 2013 DATU ANDAL AMPATUAN JR., Petitioner,  vs.  SEC. LEILA DE LIMA, as Secretary of Department of Justice, CSP CLARO ARELLANO, as Chief State Prosecutor, National Prosecution Service amd PANEL OF PROSECUTORS OF THE MAGUINDANAO MASSACRE, headed by the RSP PETER MEDALLE, Respondents .  BERSAMIN, J. : FACTS: On November 23, 2009, 57 innocent civilians were massacred in Sitio Masalay, Municipality of Ampatuan. Maguindanao Province. Among the principal suspects was petitioner, the the Mayor of the Municipality of Datu Unsay, Maguindanao Province. Inquest proceedings were conducted against the petitioner at General Santos (Tambler) Airport Lounge, before he was flown to Manila and detained at the main office of the National Bureau of I...

Assessing whether or not the Practice and Teaching of Shari’a is compatible with the 1987 Philippine Constitution.

     The 1987 Philippine Constitution strongly emphasizes the "separation of church and state," making it clear that both have their own roles, and they should not interfere with each other. This is backed by the Bill of Rights, which says no law should establish religion or stop people from practicing their faith freely. This separation is like a fence that keeps things in order, ensuring the government and religion don't mix in ways that could harm either. Shari’ah, which is guidance from Allah for success , has raised questions about how it fits with the Constitution's separation of church and state. But the Constitution actually allows religion and the government to work together without favoring any one religion, as stated by the doctrine of benevolent neutrality. In 2015, after the Comprehensive Agreement on the Bangsamoro (CAB), a Peace Council was formed to check the proposed Bangsamoro Basic Law (BBL) . They followed these ideas: The Constitution needs laws ...