b It is a common law doctrine that an execution of a capital sentence may be

B it is a common law doctrine that an execution of a

  • No School
  • AA 1
  • 26

This preview shows page 7 - 10 out of 26 pages.

b. It is a common law doctrine that an execution of a capital sentence may be postponed at a later date such as by the command of the King, by the discretion of the Court or by mandate of law. c. The judiciary has the sole power to enforce its final decisions by setting the rules on pleading, practice and procedure including the execution of judgment. T he 1987 Constitution took away the power of Congress to repeal, alter, or supplement rules concerning pleading, practice and procedure. In fine, the power to promulgate rules of pleading, practice and procedure is no longer shared by this Court with Congress, more so with the Executive. ii. No. The powers of the Executive, the Legislative and the Judiciary to save the life of a death convict do not exclude each other for the simple reason that there is no higher right than the right to life. Congress can amend the capital punishment law and downgrade the penalty to life imprisonment as much as the Court can suspend the date of execution of a convict.
Image of page 7

Subscribe to view the full document.

iii. The Court is not divested of its right to issue a TRO because of the same was based on ‘supervening’ circumstances stated in the Very Urgent Motion for Issuance of TRO made by the counsel of the adjudged which are as follows: the moves in Congress seeking to repeal the law on capital punishment and other statements of lawmakers against the said law. The Court issued the TRO because there was no time or opportunity to verify the reasons of Echegaray and majority of the members of the Court agree to the postponement of execution. Due to the lack of time before the time set for execution arrives, the Court resolved to issue the TRO to delay the execution. It was believed that law and equitable considerations demand no less before allowing the State to take the life of one its citizens. - Nevertheless, in a marathon session yesterday, the Golez resolution was signed by 113 congressmen as of January 11, 1999. In addition, the President has stated that he will not request Congress to ratify the Second Protocol in review of the prevalence of heinous crimes in the country. In light of these developments, the Court's TRO should now be lifted as it has served its legal and humanitarian purpose.
Image of page 8
6. Grande v De Silva Facts: i. Pet was the offended party in case of estafa and violation of BP 22. ii. Pet was persuaded by the resp’s lawyer on the previous case to agree on a settlement by giving pet a check worth almost 145K and giving him assurance that as a lawyer, he wouldn’t issue a bouncing check iii. The resp agreed and he ceased to participate on the criminal case filed vs the first resp leading to the dismissal of the case and release of the accused iv. But when the pet deposited the check, it was returned unpaid for the reason that the account was already closed.
Image of page 9

Subscribe to view the full document.

Image of page 10
  • Fall '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes