Atty. Phil Juris

Writ of Amparo; Enforced Disappearance; Republic Act No. 9851; Rule 45. [ G.R. No. 222226, February 14, 2022 ] ✍️👨‍⚖️HERNANDO, J. • "For the issuance of the writ, it is [not sufficient] that a person's life is endangered. It is even not sufficient to allege and prove that a person has disappeared. [It has to be shown] by the required quantum of proof that the disappearance was carried out by, or with the authorization, support or acquiescence of the government or a political organization, and that there is a refusal to acknowledge the same or to give information on the fate or whereabouts of the missing persons." (Emphasis supplied). • Section 19 of the Rule on the Writ of Amparo (A.M. No. 07-9-12-SC) is explicit that both questions of fact and law can be raised before the Court in a petition for review on certiorari under Rule 45. • As a rule then, the Court is not bound by the factual findings made by the lower court which rendered the judgment in a petition for the ...

   (Part 28) EN BANC | HERNANDO, J. Due process of law has two aspects: substantive and procedural. | SHOP  HERE Substantive due process refers to the intrinsic validity of a law that interferes with the rights of a person to his property. Outline Reviewer in Taxation | Bar Exam Syllabus-based   Procedural due process , on the other hand, means compliance with the procedures or steps, even periods, prescribed by the statute, in conformity with the standard of fair play and without arbitrariness on the part of those who are called upon to administer it. SHOP HERE VOL. I VOL. II In order that a particular act may not be impugned as violative of the due process clause , there must be compliance with both the substantive and the procedural requirements thereof.  SHOP  HERE [Here], As nowhere in the voluminous records of these cases have petitioners questioned the extrinsic and intrinsic validity of the Clean Water Act, there is no reason to dispute the said l...