Category: constitutional law

constitutional law, News, Rules of Court

Charges against Lady Ann “Icy” Salem dismissed: She is being detained now without charges: She should be released forthwith lest a Petition for the Privilege of the Writ of Habeas Corpus becomes necessary, and charges of Arbitrary Detention against custodians becomes timely

     (i have not read the pleadings in this case, this is based on the news reports)

     After a successful exclusionary motion competently filed by the  National Union of Peoples Lawyers thru Atty. Krissy Conti, the Court has DISMISSED the charges against journalist Lady Ann “Icy” Salem (a graduate of the U.P. College of Mass Communication Department of Journalism). Her custodians refuse to release her more than a week after the dismissal order. She should be released forthwith lest a Petition for the Privilege of the Writ of Habeas Corpus becomes necessary and charges of Arbitrary Detention against custodians becomes timely.

(Image credits: as stated in the archives)

constitutional law, News, Rules of Court

Matters of fact and matters of law (Petition-in-Intervention of Japer Gurung and Junior Ramos in the ATA proceeding was dismissed because, according to the Supreme Court, it raised issues of fact)

(I have not read any of the pleadings in this case, so i do not necessarily agree or disagree with the ruling of the court, this is just an attempt to laypersonize the legal terms used in the proceeding) (i’m jotting these down only because i posted about it earlier)
Laypersonizing (laymanizing) “Matters of fact” or “Issues of fact” : Issues of fact are those that have something to do with whether or not something happened or did not happen, or whether or not someone committed something, or not.
For example, if it is stated that the client did not commit something and the Court is asked to rule based on the that or based on the truth of the statement, an issue of fact is being raised.
Or, if it is stated that something was done or had occurred and the Court is being asked to rule based on the truth of that statement, that is an issue of fact.
A petition for certiorari and prohibition or mandamus or a special proceeding, or a petition in intervention therein, allows only issues of law.
What is an issue of law? — Usually, they’re jurisdictional. When you say that the trial court below which took cognizance has no jurisdiction at all (state the legal grounds), and therefore cannot proceed. Or when you say that the law is unconstitutional, (therefore, the trial court has no jurisdiction (state the grounds).
For example: When the petitioner-intervenor raises that the law of which the petitioner is charged is so vague and so broad that it does not state any elements of overt acts punishable such that petitioner has been put in triple jeopardy for being charged with all three terrorism and murder, and illegal possession, the law is unconstitutional and the regional trial court has no jurisdiction.

(in any case, the SolGen was so bothered by the Petition-in-Intervention that he went out of his way to … see the opening of the second session of the oral arguments)

constitutional law, The President

U.S. security sit. : To avoid a situation on Wednesday 12:00 noon: Legal advice to the crew of Air Force One (which Trump would be boarding this Wednesday morning)

      As everyone knows, the U.S. President’s term automatically expires this Wednesday at 12:00 noon by operation of law whether or not the oathtaking is finished or not. (If, God forbid, the oathtaking is not finished, it lapses into a temporary vacuum … well, not a vacuum but  a succession line; there is no holdover po.).
       Unprecedentedly, instead of allowing the jet to be on standby for any emergency for the would-be new President on Wednesday, Trump is going to use it to fly to Mar-a-Lago Resort in Florida.
        Here is the legal advice to the U.S. AF pilot and crew on Air Force One:
        1.Make sure  not  to deviate from the flight plan.
       2.Any instructions from Trump to deviate from the flight plan or to cause you to be still airborne at 12:00 noon Wednesday should  not  be followed. (Just politely say it would  result in a situation that would not be tenable and that would be contrary to law)
       3.It would be easier to escort Trump off the jet on or before 12:00 noon Wednesday if  it  is  already on the ground.
       4.You would find that it is useful and beneficial for everyone concerned for the jet   not  to be airborne at 12:00 noon Wednesday as  it  is inconvenient  to  strap  Trump with  a  parachute.
       See video below for instructions: