For government officials and employees in the Philippines. When the evidence of guilt is strong, what penalty can be imposed? Answer: Preventive suspension may be imposed under Section 63 of the Local Government Code (LGC).
Category: Bar Exam Review
Study and review of bar examinations in all countries in the world. Law Review Note provides easy way for all students of law and even lawyers to understand the legal framework in every law in all nations.
Private Sector in Programs of Scientific Research
Is the private sector in the Philippines encouraged to participate in programs of basic and applied scientific research? Answer: Yes. In fact, Congress may provide for incentives, including tax deductions. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologies, and specially gifted citizens. (Section 11, 1987… Continue reading Private Sector in Programs of Scientific Research
City LGU Ordinance Requirement
What is the requirement in the case of an ordinance approved by highly and independent component cities? The same shall be posted. In addition, it shall be published once in a local newspaper of general circulation within the city. If there is no such newspaper, within the city, the publication shall be made in any… Continue reading City LGU Ordinance Requirement
Ordinance Imposes Penal Sanctions?
What is required if an ordinance imposes penal sanctions? It shall be published in a newspaper of general circulation within the province where the local legislative body belongs. If there is no newspaper of general circulation within the province, posting of such an ordinance shall be made in all municipalities and cities of the province… Continue reading Ordinance Imposes Penal Sanctions?
Computation of Average Annual Income of Municipality
What should be included in the computation of the average annual income of the municipality for purposes of determining whether the municipality may be validly converted into a city? Answer: The Internal Revenue Allotments (IRAS) should be included in the said computation. (Alvarez vs Guingona, 67 SCAD 560, 252 SCRA 695)
Legislative Power of the Comelec
What specifically is the legislative power of the COMELEC? The Commission on Elections has the following powers: 1. The Commission can issue rules and regulations to implement election laws. 2. To exercise other legislative functions as may be delegated to it by Congress. Examples: Rules to supervise or regulate the use of media and advertisement.… Continue reading Legislative Power of the Comelec
Procedure in the Appointment of Justices and Judges
What is the procedure in the appointment of justices and judges? Whenever there is a vacancy, the Judicial and Bar Council submits to the President a list of at least 3 nominees. The President may or may not appoint anyone mentioned in the said list. In fact, the President may even ask for another list.… Continue reading Procedure in the Appointment of Justices and Judges
When Can a Court Authorize Wire Tapping?
Answer: Court authorized taps may be allowed only under certain conditions for the crimes of “treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, inciting rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping. (Section 3 of Republic Act 4200)
Intrusion Into Privacy of Communication and Correspondence
Upon what grounds may a court allow intrusion into privacy of communication and correspondence? The Constitution is silent on this matter but since Section 3, like Section 2, guarantees the right of privacy, the requirement of Section 2 as to what constitutes probable cause may guide the court accordingly in issuing the said intrusion. In… Continue reading Intrusion Into Privacy of Communication and Correspondence
Carpio vs DILG Effect to Villena vs Executive Secretary
Does the decision of the Supreme Court in Carpio vs Secretary of the Interior abandon the ruling in Villena vs Executive Secretary? Answer: It is an improvement because the Presidential power of control over the Executive Branch of the government, according to the Supreme Court in Carpio vs Executive Secretary, extends over all executive officers… Continue reading Carpio vs DILG Effect to Villena vs Executive Secretary
What is Administrative Law?
Administrative law is the branch of public law which fixes the organization and determines the competence of administrative authorities, and indicates to the individual remedies for the violation of his rights.
Violations of Anti-graft Law
What are the violations of the Anti-graft Law in the Philippines that are within the authority of the PCGG to investigate? Answer: They are those violations: 1) which must relate to ill-gotten wealth; 2) belonging to ex-president Ferdinand Marcos, his immediate family, relatives, subordinates, and close associates; 3) who took advantage of their public office… Continue reading Violations of Anti-graft Law