juris prudentia novus

Professor X opined:  "Shari’ah is a  law for  the Muslims and applies only to the Muslims." A. Do you agree with Professor X’s opinion? Explain. Yes. Since shari’ah is a teaching of commands, prohibitions, guidance and principles of Allah which were revealed through Prophet Muhammad. It is inherently designed for those who follow the Islamic faith, namely the Muslims. Therefore, I agree with the Professor that Shari'ah is only applicable to the Muslims due to its religious nature and origin. B. Will  your answer be the same given that the Code of  Muslim Personal Laws of the Philippines (P.D. 1083) covers personal laws of minority Muslims? Reason. Yes, my stance remains the same. Despite  PD No. 1083 addressing Muslim Personal laws covering areas like personal status, marriage, divorce, family relations, succession, inheritance, and property, it exclusively applies to Muslims, whether by birth or conversion. Non-Muslims are not subject to this decree. In th...

  Criminal Procedure, Digest focusing on  Rule 114:  Bail, a Matter of Right; Exception G. R. No. 213847                 July 12, 2016 JUAN PONCE ENRILE , Petitioner, vs.  SANDIGANBAYAN (THIRD DIVISION) AND PEOPLE OF THE PHILIPPINES,  Respondents. BERSAMIN, J. : DOCTRINE: Primary objective of bail  – The strength of the Prosecution's case, albeit a good measure of the accused's propensity for flight or for causing harm to the public, is subsidiary to the primary objective of bail, which is to  ensure that the accused appears at trial . Bail is a right and a matter of discretion  – Right to bail is afforded in Sec. 13, Art III of the 1987 Constitution and repeated in Sec. 7, Rule 114 of the Rules of Criminal Procedure to wit: “No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of ...

  Criminal Procedure, Digest focusing on  Rule 113:  Arrest, Duty of an Arresting Officer G. R. Nos. 153524-25                 January 31, 2005 RODOLFO SORIA and EDIMAR BISTA , Petitioners, vs.  HON. ANIANO DESIERTO in his capacity as Head of the Office of the Ombudsman, HON. ORLANDO CASIMIRO in his capacity as Deputy Ombudsman for Military, P/INS. JEFFREY T. GOROSPE, SPO2 ROLANDO G. REGACHO, SPO1 ALFREDO B. ALVIAR JR., PO3 JAIME D. LAZARO, PO2 FLORANTE B. CARDENAS, PO1 JOSEPH A. BENAZA, SPO1 FRANKLIN D. CABAYA and SPO4 PEDRO PAREL,  Respondents. CHICO-NAZARIO, J. : DOCTRINE: Art. 125 of the Revised Penal Code states that the Delay in the delivery of detained persons to the proper judicial authorities. - The penalties provided in the preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial autho...

Questions: 1. Discuss Legal Moralism.     Legal Moralism is the theory that justifies using coercion to prevent or punish immoral acts, as determined by society . This theory finds its roots in Plato's Republic , where rules were responsible for allowing practices that could lead to corruption in the city. Nowadays, restrictions on certain types of marriages such as same-sex or interracial marriages, can be seen as examples of legal moralism in action. 2. Explain Benevolent Neutrality.     Benevolent Neutrality is a legal principle that allows the government to pursue its secular objective while also respecting and accommodating religious freedom within the limits of the Constitution . This principle acknowledges that the laws are typically based on secular morality but permits some accommodation of religious-based morality as long as it does not conflict with the compelling state interests. In the case of Estrada v. Escritor (A.M. No. P-02-1651) provides an exam...

Criminal Procedure, Digest focusing on  Rule 112:  Preliminary Investigation, Procedure G. R. No. 190569                 April 24, 2012 P/INSP. Ariel S. ARTILLERO , Petitioner, vs.  ORLANDO C. CASIMIRO, Overall Deputy Ombudsman, Office of the Deputy Ombudsman; BERNABE D. DUSABAN, Provincial Prosecutor, Office of the Provincial Prosecutor of IloIlo; EDITO AGUILLON, Brgy. Capt., Brgy. Lanjagan, Ajuy, IloIlo,  Respondents. SERENO, J. : FACTS: This case pertains to the criminal charge filed by Private Inspector Ariel S. Artillery (petitioner) against Barangay Captain Edito Aguillon (respondent) for Violation of Presidential Decree No. 1866 as amended by  Republic Act No. 8249 AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1606 Private Inspector Ariel S. Artillery, Chief of Police of the Municipal Station of the Philippine National Police in Aj...