Atty. Phil Juris

Duterte Allies in Senate Should Inhibit VP Sara’s Impeachment Trial By Atty. Phil Juris June 16, 2025 With the Senate now convened as an impeachment court to try Vice President Sara Duterte, one thing must be said plainly: senators closely allied with the Duterte family should voluntarily inhibit themselves from the trial. This is not about political rivalry or personal attacks. This is about protecting constitutional integrity and ensuring public accountability —both of which are at the very heart of what the framers of the 1987 Constitution intended when they gave the Senate the power to try impeachment cases. The Constitution is clear. “Public office is a public trust.” (Article XI, Section 1). Public officers—senators included—are expected to be accountable to the people at all times, to act with responsibility, integrity, and justice. In an impeachment trial, those values matter more than ever. Senator-judges are not acting as legislators in this context. They are judges. And...

  Supreme Court Clarifies One-Year Bar Rule in Impeachment Proceedings Gutierrez v. House of Representatives Committee on Justice, G.R. No. 193459 | February 15, 2011 By Atty. Phil Juris  Published: June 12, 2025 MANILA, Philippines — In a landmark ruling that has since become a cornerstone in constitutional law and bar examinations, the Supreme Court clarified the meaning of "initiation" in impeachment proceedings under the 1987 Constitution, settling a critical issue in Gutierrez v. House of Representatives Committee on Justice (G.R. No. 193459, February 15, 2011). At the center of the case was then-Ombudsman Ma. Merceditas N. Gutierrez, who in 2010 faced two impeachment complaints filed just months apart before the House of Representatives. She sought to halt the second complaint, citing the constitutional prohibition against initiating more than one impeachment proceeding against the same official within a one-year period. Gutierrez argued that the first complain...

In the wake of renewed public interest in the impeachment process, questions have emerged regarding the scope of the Senate’s authority once the House of Representatives transmits the Articles of Impeachment. Specifically, some have asked: Can the Senate, sitting as an impeachment court, vote to refer the Articles of Impeachment back to the House for amendment, correction, or further action? A careful reading of the 1987 Constitution and relevant Supreme Court jurisprudence yields a clear answer: once the House of Representatives transmits the Articles of Impeachment, the Senate’s constitutional duty is to try and decide the case. There is no constitutional provision or controlling case law that allows the Senate to refer the Articles back to the House. Constitutional Framework The Constitution vests in the House of Representatives the exclusive power to initiate all cases of impeachment. Once a verified complaint is filed and the required vote is secured, the House adopts the Article...

Things Outside the Commerce of Men, Such as Public Office or Its Term, Cannot Be the Object of a Valid Contract Not everything is up for grabs. In law—and in principle—there are things that simply cannot be bought, sold, or traded. One of these is public office. You may recall the much-talked-about term-sharing deal in 2019 between then-House Speaker Alan Peter Cayetano and Representative Lord Allan Velasco. Brokered no less by then-President Rodrigo Duterte, the deal was supposed to split the three-year speakership between the two. While it looked like a “gentleman’s agreement,” what followed was a political standoff, public drama, and eventually, a tense transition of power. Then more recently, there was buzz around Rep. Toby Tiangco allegedly eyeing the speakership amid internal rifts in Congress.  These events show us a pattern: every time public office becomes a matter of “arrangement,” things tend to fall apart. Why? Because under Philippine law, public office is not for sale...

  Do Courtesy Resignations Have Legal Weight in Public Office? Recent developments have brought renewed attention to the practice of “courtesy resignations” in government, particularly following reports that President Ferdinand Marcos Jr. has asked several Cabinet Secretaries and high-ranking officials to tender their resignations. While the gesture is often framed as part of protocol or delicadeza, it is important to examine whether such acts carry any legal weight or validity. First, it must be emphasized that there is no legal basis under the 1987 Constitution or existing statutes that formally recognizes a “courtesy resignation” as a mechanism for vacating public office. It is a political custom — not a legal process. The distinction is important because the validity of a resignation depends not only on its form, but also on the circumstances under which it was made. The Supreme Court has consistently held that a resignation must be voluntary, unconditional, and accompanied...

  SC Declares Unconstitutional COMELEC Resolution Prohibiting Carrying of Knives: Unreasonable and Overly Broad The Supreme Court has declared unconstitutional the COMELEC Resolution No. 10015 provision prohibiting the carrying of knives and other bladed instruments during the election period.  In this case ,  the Court ruled that the prohibition was unreasonable, overly broad, and beyond the authority of the Commission on Elections (COMELEC). The case involved Jovit Buella , who was charged for carrying a folding knife outside his residence during the 2016 elections. The Court found that COMELEC failed to properly define what constitutes a "deadly weapon," arbitrarily including all bladed instruments in its prohibition. This criminalized even the possession of ordinary tools like kitchen knives, utility blades, and carpentry tools , which have legitimate uses. Justice Leonen, in his concurring opinion, stressed that the blanket ban on knives violated due process ...

  Traffic Violation Does Not Justify a Warrantless Search Statement of the Case This case involves the conviction of Angelito Ridon for illegal possession of a firearm under Republic Act No. 10591 (Comprehensive Firearms and Ammunition Regulation Act) . The Supreme Court was tasked with determining whether the firearm seized from Ridon during a warrantless search was admissible, given that the search was conducted following a mere traffic violation. Facts Incident: Angelito Ridon was driving a motorcycle when police officers stopped him for entering a one-way street in violation of traffic regulations. Instead of stopping, Ridon made a U-turn, prompting a chase. Apprehension: The police, with assistance from a Bantay Bayan (a civilian peacekeeping force), eventually cornered Ridon. In the process, Ridon fell off his motorcycle. As he attempted to reach for something at his waist, the Bantay Bayan restrained him. Search and Arrest: One of the officers frisked Ridon and found a...

BuCor director general Gregorio Catapang Jr. said Malacañang has commuted Dela Peña's sentence, which along with the prisoner's good conduct time allowance paved the way for the release. (KAPATID photo) Gerardo dela Peña, said to be the country's oldest political prisoner at 85, walked out of the New Bilibid Prison a free man over the weekend, Bureau of Corrections director general Gregorio Catapang Jr. said. The recent release of 85-year-old Gerardo dela Peña, the Philippines' oldest political prisoner, underscores the constitutional safeguard that  "No person shall be detained solely by reason of his political beliefs and aspirations."   Dela Peña, a farmer from Vinzons, Camarines Norte, had been incarcerated for nearly a decade before his release from the New Bilibid Prison on June 30, 2024.   His case highlights ongoing concerns about the detention of individuals based on political affiliations. In the 1997 Supreme Court case of People v. CASIDO, G.R. No...

Higher fines will prevent motorists from violating traffic rules, according to a Metropolitan Manila Development Authority (MMDA) official. "Perhaps it is about time to raise the penalties on traffic violations to serve as a deterrent, to scare drivers who recklessly violate traffic rules,"  said lawyer Victor Maria Nuñez, director III for enforcement of the MMDA's Traffic Discipline Office. ✍️ via Inquirer  RELATED  VALID EXERCISE OF POLICE POWER: Requisites x x x" the overriding [p]urpose of the exercise of the power is to promote general welfare, public health and safety, among others. It is a measure, which by sheer necessity, the State exercises, even to the point of interfering with personal liberties or property rights in order to advance common good.            [T]o warrant such interference, two requisites must concur:        (a) the interests of the public generally, as [d]istinguished from those of a particular ...

  CITY OF MANILA, 18 October 2024 – President Ferdinand R. Marcos Jr. signed the Academic Recovery and Accessible Learning (ARAL) Act into law during a ceremony at Malacañang Palace on Friday, marking a significant milestone in the government’s efforts to address the learning gaps exacerbated by the pandemic. The ARAL Law, a priority measure identified by the Legislative-Executive Development Advisory Council (LEDAC), aims to create a national learning intervention program designed to help struggling learners catch up with the required standards for their grade levels. The signing was witnessed by Senate President Francis “Chiz” Escudero, House Speaker Martin Romualdez, Education Secretary Sonny Angara, Senator Sherwin Gatchalian, and Rep. Roman Romulo and other members of the Congress and officials of Department of Education (DepEd). Sec. Angara praised the passage of the law, noting that it is a critical intervention at a time when education needs the most support. He further exp...

  Leyte Rep. Richard Gomez is proposing a bill to ban soda and sugary drinks in all government offices to combat diabetes problem Leyte Rep. Richard Gomez is proposing legislation that will ban soda and other sugary drinks in all government offices to help address the country’s diabetes problem. In House Bill 10708, Gomez said the consumption of soft drinks and other sugary drinks has been  “consistently linked to numerous health issues which pose a significant public health challenge." ✍️Via philStarGlobal  

  The Supreme Court building in Manila. INQUIRER PHOTO / NIÑO JESUS ORBETA Statements uttered against public officers cannot be considered slanderous when these are related to the performance of their official duties—and unless they are done maliciously. Thus ruled the Supreme Court as it acquitted Argelyn Labargan of grave oral defamation against Aileen Macabangon , a barangay councilor of Muntay, Kolambugan, Lanao del Norte. The high tribunal’s Second Division granted Labargan’s petition for review on certiorari, overturning the 2018 Court of Appeals (CA) decision that had upheld her conviction and sentenced her to six months of imprisonment. 📸/✍️ via Inquirerdotnet 🥑 https://bit.ly/m/AttyEblogger

 ' PWDs can claim full discount on group meals if for personal consumption ' - DOJ's legal opinion released on October 8, 2024 Persons with disabilities (PWDs) can still avail themselves of the 20% discount and value-added tax (VAT) exemption on food purchases even when dining in groups. The Department of Justice (DOJ) said this in a legal opinion released on October 8. It was in response to a request from Glenda D. Relova, executive director of the National Council on Disability Affairs, who sought clarification on how the PWD discount should be applied in group settings. Relova noted that the current practice is to apply the discount only to the PWD's share by dividing the total bill by the number of people in the group. Justice Assistant Secretary Randolph Pascasio stated in the legal opinion: "In [the] purchase of a group meal which is ideally for food sharing, if it can be clearly determined that it was for the exclusive use, enjoyment or availment of only on...

  The members of the Barangay Council wanted to make the yuletide celebrations of their constituents more festive. Accordingly, the Barangay Council adopted a resolution authorizing the solicitation of funds from  private individuals to build a seven-meter tall statue of “Rudolph the RedNosed Reindeer” in the plaza in front of the basilica. The residents from other barangays questioned the resolution for alleged violation of Section  5, Article III of the 1987 Constitution which states that “[n]o law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.” Is the barangay resolution invalid for violation of  the non-establishment of religion clause? Explain . FACTUAL ANTECEDENTS   This case is about the constitutionality of four resolutions of the barangay council of Valencia, Ormoc City, regarding the acquisition of the wooden image of San Vicente Ferrer to be used in the celebration of his annual feast day. That issue ...