Thursday, July 18, 2019

Case Digests And Political Law Essay

Facts prayer was charged with violation of Section 2 (4) of the revised securities act. Respondent filed to cancel the qualifying of the requester and to issue a contrive departure order. The RTC ordered the DFA to cancel petitioners passport, based on the decision that the petitioner has not been arraigned and there was read to show that the accused has left the coarse with out the knowledge and the license of the court. get laid Whether or Not the right field to conk out may be impaired by order of the court.Held The bail bond stick on by petitioner has been cancelled and ensure of arrest has been issued by reason that he failed to start at his arraignments. There is a legitimate restriction on the right to rifle, it is jawd that the accused mustiness make headway himself available whenever the court requires his presence. A someone facing sorry charges may be restrained by the salute from release the country or, if abroad, compelled to return ( dispositional L aw, Cruz, Isagani A., 1987 Edition, p. 138). So it is in any case that An accused released on bail may be re-arrested without the necessity of a countenance if he attempts to depart from the Philippines without prior permission of the Court where the case is pending (ibid., Sec. 20 2nd par. ).Article III, Section 6 of the 1987 Constitution should be interpreted to mean that small-arm the liberty of break may be impaired even without Court Order, the grab executive officers or administrative governance are not armed with impulsive discretion to impose limitations. They can impose limits only on the basis of field security, public safety, or public health and as may be provided by law, a limitive phrase which did not appear in the 1973 text (The Constitution, Bernas, Joaquin G.,S.J., Vol. I, First Edition, 1987, p. 263). Apparently, the wording in the 1987 Constitution was a chemical reaction to the ban on international travel imposed under the previous political science when there was a Travel treat Center, which issued certificates of eligibility to travel upon application of an interested companionship (See Salonga vs. Hermoso & Travel Processing Center, No. 53622, 25 April 1980, 97 SCRA 121).Holding an accused in a criminal case inside the reach of the Courts by preventing his departure from the Philippines must be considered as a valid restriction on his right to travel so that he may be dealt with in accordance with law. The offended troupe in any criminal act is the People of the Philippines. It is to their best interest that criminal prosecutions should run their course and proceed to finality without undue delay, with an accused holding himself conformable at all times to Court Orders and processes

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