[Mirror] Bañares, Augustus Caesar

SY 2011-2012, Second Semester


Is the publicat…

Is the publication of law in the Official Gazette Online at http://www.Gov.ph , be recognized as a valid compliance of publication requirement, taking into considerations the provision of Article 2 New Civil Code, Executive Order 200, Commonwealth Act No. 638 and Republic Act no. 8792?

Yes.

Considering all the laws mentioned, one might be led to conclude that online publication does not satisfy the requirements as set forth by the law.

It is a basic principle that laws must apply not only to present conditions but to future conditions as well. It is a regressive viewpoint not to accept online publication for laws since the advent of modern technology has been affecting the way everything has been done.

If it shall be strictly construed so as to exclude online publication not compliant with the law, it defeats the principle of substantial justice. The notion that not all people do not have access to the internet may also be rephrased into such way that not all people do not have access to print. It is a subjective statement that does not serve efficiency and effectiveness in the publication of law.


May a person as…

May a person ask for the striking off of his name on a decision rendered by the Supreme Court including other repositories where such case had been published e.g. scra, lawphil, by invoking his right to privacy under Article 3 of the Bill of Rights?

It would depend on the circumstances surrounding the case and the decision of the court of quasi-judicial body.

The answer would be no if the matter on hand would constitute public concern like public safety, morals, order or if the penalty that was imposed is one which removes all civil liberties like reclusion perpetua. Any person accused of any crime with such penalties and circumstances would pose a threat to the peaceful habitation of other people. It is the right of the public to be aware and made aware of persons who have committed or have been involved in crimes which would concern their safety.

On the other hand, the answer would be yes if the matter on hand does not constitute public concern and the public is not placed at a grave danger if the name of the person is stricken off the records.

Decisions of the Supreme Court shall form part of the laws of the land. Laws were made to safeguard the rights of man and if the striking off of any name from the records would jeopardize the rights of the public, then such striking off is unconstitutional.


Search and Seizure on Laptops and its contents

During a valid search and seizure on one’s laptop, is it possible that such search shall go through the contents of the laptop?

Yes.

In the Philippine Criminal Law, one of the valid searches without warrant is a customs search wherein the search is done in a point of entry or exit of the Philippines.

this case, since there is no warrant to talk about to specify the scope of the search, the contents of the laptop can be subjected to search.

There are crimes wherein mere possession of the file or program is punishable. These files or programs cannot be seen just by looking at the physical aspect of the object. Thus, actual browsing of the files within the laptop must be done.

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2 comments
  1. kakatawag lang ni sir, sick pa din daw sya.. no class today.. next week, class lang, postponed muna midterms sa tax then schedule for makeup class next time.

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