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Results for “Special Proceedings Section 3. Process”

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Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Rule-making Power of the Supreme Court | MULTIPLE_CHOICE Medium

Rule-making Power of the Supreme Court. The Supreme Court en banc promulgates Rule 66-Z on Court-Annexed Remote Trial...

...ne governing the Supreme Court's power to promulgate rules of court, especially as to pleading, practice and procedure, admission to the practice of law, and organization of the judiciary. (b) Assess whether Rule 66-Z fa...

Question Political and Public International Law | Administrative Due Process | ESSAY Medium

A Metropolitan Advertising and Signage Authority (MASA), a local regulator that licenses and revokes advertising perm...

...ntral doctrine governing administrative due process in quasi-judicial proceedings. (b) Distinguish the general rule requiring notice and hearing from possible statutory exceptions that may excuse notice-and-hearing requi...

Citations: Constitution of the Philippines, Article III, Section 1 (due process), Ang Tibay v. Court of Industrial Relations, on doctrinal foundations of hearing and evidence in administrative proceedings (conceptual basis for due process in quasi-judicial actions)

Question Political and Public International Law | Fact-finding, Investigative, Licensing, and Rate-fixing Powers | ESSAY Medium

An Energy and Utilities Regulatory Commission (EURC) has general statutory power to license water utilities, regulate...

...h the provisional order and final order on the grounds of lack of due process and alleged ultra vires action. (a) Identify the controlling doctrine governing the authority of the FFLP, and the due-process requirements ap...

Citations: Constitution of the Philippines, Article III, Section 1 (due process)., Administrative Code of 1987 (Executive Order No. 292) (delegation of powers and procedural requirements for regulatory proceedings).

Question Political and Public International Law | Procedural and Substantive | ESSAY Medium

An official in the City Elections Office suspends Ms. Kendra Santos, a municipal election officer, for alleged misman...

...ventive suspension and subsequent termination violated procedural due process. (a) Identify the controlling doctrine on procedural due process applicable to administrative actions under Philippine law. (b) Apply the doct...

Citations: Constitution of the Philippines, Article III, Section 1 (Due Process), Ang Tibay v. Court of Industrial Relations (re: due process in administrative proceedings)

Question Political and Public International Law | Fact-finding, Investigative, Licensing, and Rate-fixing Powers | ESSAY Medium

National Water Regulation Authority (NWRA) has general statutory power to license water utilities, regulate rates, an...

...sional rate order and the final license on the grounds of lack of due process and alleged ultra vires action. (a) Identify the controlling doctrine governing the authority of the FFLP and the due-process requirements app...

Citations: Constitution of the Philippines, Article III, Section 1 (due process/audi alteram partem)., General administrative-law principle: ex parte communications undermine quasi-judicial proceedings and provisional orders derived therefrom., Leading treatises on Philippine administrative law and due process in licensing and rate-setting.

Question Political and Public International Law | Administrative Due Process | ESSAY Medium

An Environmental Health Office (EHO) of City Z, acting in a quasi-judicial capacity, revokes Bella Luna Food Cart’s s...

...ntral doctrine governing administrative due process in quasi-judicial proceedings. (b) Distinguish the general rule requiring notice and hearing from possible statutory exceptions that may excuse notice-and-hearing requi...

Citations: Constitution of the Philippines, Article III, Section 1 (due process), Ang Tibay v. CIR, G.R. No. L-2816, October 1940 (due process in administrative proceedings)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Rule-making Power of the Supreme Court | ESSAY Medium

(a) Identify the controlling doctrine governing the Supreme Court's power to promulgate rules of court, especially as...

...ne governing the Supreme Court's power to promulgate rules of court, especially as to pleading, practice and procedure, admission to the practice of law, and organization of the judiciary. (b) The Supreme Court, sitting...

Citations: 1987 Constitution, Article VIII, Section 5, Rules of Court (as the Supreme Court’s instrument for rule-making)

Question Criminal Law | Bill of Attainder | ESSAY Medium

An Act titled the National Security and Proscription Act is enacted by Congress. Section 1 declares three named indiv...

...cies. The named individuals have no pending criminal charges or court proceedings at the time of enactment. (a) Identify the central doctrine implicated by this statute and the controlling constitutional rule. (b) Distin...

Citations: 1987 Constitution of the Philippines; prohibition against bills of attainder and requirement of due process

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Correcting Misrepresentations in Applications for Admission to the Bar - Sec. 11 | ESSAY Medium

During the bar admission process, applicant Maria L. Cruz filed an application declaring that there are no pending ci...

...re no pending civil actions, no criminal charges, and no disciplinary proceedings against her anywhere. It later comes to light that she is a named respondent in a pending civil malpractice action in another jurisdiction...

Citations: Canon II, Section 11, Code of Professional Responsibility and Accountability (CPRA), A.M. No. 22-09-01-SC

Question Criminal Law | Bill of Attainder | ESSAY Medium

An Act titled the Loyalty and Proscription Act is enacted. Section 1 designates by name four individuals—Atty. Mara L...

...urity Service. The named individuals have no pending charges or court proceedings at the time of enactment. (a) Identify the central doctrine implicated by this statute and the controlling constitutional rule. (b) Distin...

Citations: Constitution of the Republic of the Philippines (1987) – prohibition against punitive legislation (Bill of Attainder) and the protection of due process., General PH constitutional-law authorities on due process and punitive statutes relevant to the Bill of Attainder principle.

Question Criminal Law | Bill of Attainder | ESSAY Medium

An Act titled the National Loyalty and Proscription Act is enacted. Section 1 designates by name three individuals—At...

...tive agencies. The named individuals have no pending charges or court proceedings at the time of enactment. (a) Identify the central doctrine implicated by this statute and the controlling constitutional rule. (b) Distin...

Citations: 1987 Constitution of the Philippines, Article III, Section 1 (due process of law).

Question Criminal Law | Bill of Attainder | ESSAY Medium

An Act titled the National Loyalty and Proscription Act is enacted. Section 1 designates three named individuals—Atty...

...tive agencies. The named individuals have no pending charges or court proceedings at the time of enactment. (a) Identify the central doctrine implicated by this statute and the controlling constitutional rule. (b) Distin...

Citations: Constitution of the Philippines, Article III, Section 1 (due process and equal protection)

Question Labor and Social Legislation | Liability of Local Recruitment Entity and Foreign Employer | ESSAY Medium

Facts: PacificBridge HR Solutions, a Philippine-based local recruitment entity, arranges overseas placement for Maya...

...tional as the employer and Maya as the employee, and facilitates visa processing. GlobeMed International does not hold a license to recruit in the Philippines and does not hire directly from applicants. Maya travels to C...

Citations: Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), as amended, especially Section 6 (Illegal recruitment) and Section 7 (Prohibited Acts)., POEA regulations and circulars implementing RA 8042 (recruitment and placement of OFWs).

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Non-capital Offense | ESSAY Medium

Rogelio Santos is charged with Estafa (a non-capital offense) in the City of Davao. At arraignment, he pleads guilty...

...on accepting a guilty plea to a non-capital offense and the in-court proceedings required to support such a plea. (b) Apply the rule to these facts: is the plea and the conviction valid? Explain why or why not, and indi...

Citations: Rule 116, Sec. 3, Rules of Court, Constitution of the Philippines, Article III, Section 14 (Right to counsel and due process)

Question Political and Public International Law | Free Access to Courts and Adequate Legal Assistance | ESSAY Medium

A coastal barangay cooperative sues a private dredging company in the Regional Trial Court for breach of contract and...

...ne. (b) Does the guarantee extend to civil actions and quasi-judicial proceedings and require the state to provide legal aid to indigent litigants? (c) If a violation is found, what remedy should the appellate court orde...

Citations: Constitution of the Philippines, Article III, Section 14 (Right to due process and access to courts), Supreme Court jurisprudence recognizing the right to free legal aid for indigent civil litigants (doctrinal principle rather than a single named case)

Question Political and Public International Law | Administrative Due Process | ESSAY Medium

An Environmental Compliance Board (ECB) of Metro City, acting in a quasi-judicial capacity, cancels GreenWay Mining C...

...ntral doctrine governing administrative due process in quasi-judicial proceedings. (b) Distinguish the general rule requiring notice and hearing from possible statutory exceptions that may excuse notice-and-hearing requi...

Citations: Constitution of the Philippines, Article III, Section 1 (due process)., Ang Tibay v. Court of Industrial Relations (due process in administrative adjudication).

Question Political and Public International Law | Administrative Due Process | ESSAY Medium

An Environmental Health and Licensing Directorate (EHLD) of City Alpha, acting in a quasi-judicial capacity to regula...

...ntral doctrine governing administrative due process in quasi-judicial proceedings. (b) Distinguish the general rule requiring notice and hearing from statutory exceptions that may excuse notice-and-hearing requirements...

Citations: Constitution of the Philippines, Article III, Section 1 (due process)

Question Political and Public International Law | Administrative Due Process | ESSAY Medium

An Environmental Regulation Board (ERB) of Metro Province, vested with quasi-judicial authority to issue, suspend, or...

...ntral doctrine governing administrative due process in quasi-judicial proceedings. (b) Distinguish the general rule requiring notice and hearing from possible statutory exceptions that may excuse notice-and-hearing requi...

Citations: Constitution of the Philippines, Article III, Section 1 (due process), Ang Tibay v. Court of Industrial Relations (due process in administrative adjudication), Administrative Code of 1987 (Executive Order 292)

Question Political and Public International Law | Administrative Due Process | ESSAY Medium

An Urban Street Health Office (USHO), a city agency, cancels Tasty Bites Street Stall's health permit following a two...

...ntral doctrine governing administrative due process in quasi-judicial proceedings. (b) Distinguish the general rule requiring notice and hearing from possible statutory exceptions that may excuse notice-and-hearing requi...

Citations: Constitution of the Philippines, Article III, Section 1 (due process)., Ang Tibay v. Court of Industrial Relations, 69 Phil. 792 (1940).

Question Political and Public International Law | Eminent Domain | ESSAY Medium

City of Lunsod, a local government unit, seeks to condemn 0.8 hectare of private land owned by Rosa Dizon to construc...

...the LGU to serve public use and that due process was observed in the proceedings. (a) Identify the governing doctrine and the actor empowered to exercise eminent domain in this context. (b) Apply the doctrine to the fac...

Citations: Constitution of the Philippines, Article III, Section 9 (due process and just compensation)., Republic Act No. 7160 (Local Government Code) (LGU powers including eminent domain for public-use projects).

Question Political and Public International Law | Eminent Domain (in relation to Republic Act [R.A.] No. 10752) | ESSAY Medium

DPWH invokes Republic Act No. 10752 to expropriate 5 hectares of privately owned farmland to construct a national roa...

...s understanding of public use, just compensation, and the limits of a special expropriation statute, while requiring application to a concrete valuation dispute. Constitution of the Philippines, Article III, Section 9 (d...

Citations: Constitution of the Philippines, Article III, Section 9 (due process and just compensation for taken property), Republic Act No. 10752 (Right-of-Way, Easement and Free Patent Act), Nacar v. Gallery Frames (jurisprudence on the measure of just compensation)

Question Political and Public International Law | Legislative Privileges, Inhibitions, and Disqualifications | ESSAY Medium

During a House of Representatives inquiry, Representative Ana publicly accuses a city official of accepting kickbacks...

...he privilege and inviolability of speech in the course of legislative proceedings. (a) Identify the controlling doctrine governing statements made in the legislative process and describe its scope. (b) Distinguish legisl...

Citations: Constitution of the Philippines, Article VI, Section 11 (legislative privilege and inviolability of speech in official proceedings)

Question Criminal Law | Bill of Attainder | ESSAY Medium

An Act titled the National Security and Proscription Act is enacted. Section 1 designates as traitors all persons who...

...agencies. The designated individuals have no pending charges or court proceedings at the time of enactment. (a) Identify the central doctrine implicated by this statute and the controlling constitutional rule. (b) Distin...

Citations: 1987 Constitution of the Philippines (prohibition on bills of attainder and ex post facto)