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LEGAL
Q & A
We
provide answers to legal queries!
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| Q:
What
are the elements of presidential communications privilege?
A: The elements are:
1) The protected
communication must relate to a “quintessential and non-delegable
presidential power.”
2) The communication must
be authored or “solicited and received” by a close advisor of the President
or the President himself. The judicial test is that an advisor must
be in “operational proximity” with the President.
3) The presidential communications
privilege remains a qualified privilege that may be overcome by a showing
of adequate need, such that the information sought “likely contains important
evidence” and by the unavailability of the information elsewhere by an
appropriate investigating authority. (Neri vs. Senate Committee,
et al., G.R. No. 180643, March 25, 2008)
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Case
Feature.... |
EN BANC
G.R. No. 180643
ROMULO
L. NERI vs. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS,
SENATE COMMITTEE ON TRADE AND COMMERCE, AND SENATE COMMITTEE ON NATIONAL
DEFENSE AND SECURITY.
HELD:
WHEREFORE, the petition is hereby GRANTED. The subject Order dated January
30, 2008, citing petitioner Romulo L. Neri in contempt of the Senate Committees
and directing his arrest and detention, is hereby nullified...read
more
Plus:
See
how the justices voted on the Neri case, as well as the separate concurring
and dissenting opinions.
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The
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"Hello,
Garci!"...Read the Law Professor as he discusses
the Anti-Wiretapping Law!
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Law
Spotlight.... |
R.A. No. 9492
AN
ACT RATIONALIZING THE CELEBRATION OF NATIONAL HOLIDAYS AMENDING FOR THE
PURPOSE SECTION 26, CHAPTER 7, BOOK I OF EXECUTIVE ORDER NO. 292, AS AMENDED,
OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987
(from ops.gov.ph)
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Legal
Doctrines... |
CRIMINAL
LAW:DEFENSE OF INSANITY; BURDEN ON DEFENSE; MERE ABNORMALITY
DOES NOT PRECLUDE IMPUTABILITY
The defense of insanity
is in the nature of confession and avoidance. Like the justifying
circumstance of self-defense, the burden is on the defense to prove beyond
reasonable doubt that accused-appellant was insane immediately before the
commission of the crime or at the very moment of its execution. In other
words, a defendant in a criminal case who interposes the defense of mental
incapacity has the burden of establishing the fact that he was insane at
the very moment when the crime committed. There must be complete deprivation
of reason in the commission of the act, or that the accused acted without
discernment, which must be proven by clear and positive evidence. The mere
abnormality of his mental faculties does not preclude imputability. Indeed,
a man may act crazy but it does not necessarily and conclusively prove
that he is legally so. The non-medical opinion of defense counsel that
accused-appellant was bordering on insanity hardly measures up to the foregoing
yardsticks. In the light of the positive testimony of the victim
proving accused-appellant’s criminal accountability, this bare and unsubstantiated
defense must perforce fail.
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