Soliven/Beltran V Makasiar - Free Essay Example

Sample details Pages: 5 Words: 1409 Downloads: 2 Date added: 2017/09/11 Category Advertising Essay Did you like this example? G. R. No. 82585 November 14, 1988 MAXIMO V. SOLIVEN, ANTONIO V. ROCES, FREDERICK K. AGCAOLI, and GODOFREDO L. MANZANAS, petitioners, vs. THE HON. RAMON P. MAKASIAR, Presiding Judge of the Regional Trial Court of Manila, Branch 35, UNDERSECRETARY SILVESTRE BELLO III, of the Department of Justice, LUIS C. VICTOR, THE CITY FISCAL OF MANILA and PRESIDENT CORAZON C. AQUINO, respondents. G. R. No. 82827 November 14, 1988 LUIS D. BELTRAN, petitioner, vs. THE HON. RAMON P. MAKASIAR, Presiding Judge of Branch 35 of the Regional Trial Court, at Manila, THE HON. LUIS VICTOR, CITY FISCAL OF MANILA, PEOPLE OF THE PHILIPPINES, SUPERINTENDENT OF THE WESTERN POLICE DISTRICT, and THE MEMBERS OF THE PROCESS SERVING UNIT AT THE REGIONAL TRIAL COURT OF MANILA, respondents. G. R. No. 83979 November 14, 1988. LUIS D. BELTRAN, petitioner, vs. Don’t waste time! Our writers will create an original "Soliven/Beltran V Makasiar" essay for you Create order EXECUTIVE SECRETARY CATALINO MACARAIG, SECRETARY OF JUSTICE SEDFREY ORDONEZ, UNDERSECRETARY OF JUSTICE SILVESTRE BELLO III, THE CITY FISCAL OF MANILA JESUS F. GUERRERO, and JUDGE RAMON P. MAKASIAR, Presiding Judge of Branch 35 of the Regional Trial Court, at Manila, respondents. Angara, Abello, Concepcion, Regala and Cruz for petitioners in G. R. No. 82585. Perfecto V. Fernandez, Jose P. Fernandez and Cristobal P. Fernandez for petitioner in G. R. Nos. 82827 and 83979. R E S O L U T I O N PER CURIAM: In these consolidated cases, three principal issues were raised: (1) whether or not petitioners were denied due process when informations for libel were filed against them although the finding of the existence of a prima facie case was still under review by the Secretary of Justice and, subsequently, by the President; (2) whether or not the constitutional rights of Beltran were violated when respondent RTC judge issued a warrant for his arrest without personally examining the complainant and the witnesses, if any, to determine probable cause; and (3) whether or not the President of the Philippines, under the Constitution, may initiate criminal proceedings against the petitioners through the filing of a complaint-affidavit. Subsequent events have rendered the first issue moot and academic. On March 30, 1988, the Secretary of Justice denied petitioners motion for reconsideration and upheld the resolution of the Undersecretary of Justice sustaining the City Fiscals finding of a prima fa cie case against petitioners. A second motion for reconsideration filed by petitioner Beltran was denied by the Secretary of Justice on April 7, 1988. On appeal, the President, through the Executive Secretary, affirmed the resolution of the Secretary of Justice on May 2, 1988. The motion for reconsideration was denied by the Executive Secretary on May 16, 1988. With these developments, petitioners contention that they have been denied the administrative remedies available under the law has lost factual support. It may also be added that with respect to petitioner Beltran, the allegation of denial of due process of law in the preliminary investigation is negated by the fact that instead of submitting his counter- affidavits, he filed a Motion to Declare Proceedings Closed, in effect waiving his right to refute the complaint by filing counter-affidavits. Due process of law does not require that the respondent in a criminal case actually file his counter-affidavits before the preliminary investigation is deemed completed. All that is required is that the respondent be given the opportunity to submit counter-affidavits if he is so minded. The second issue, raised by petitioner Beltran, calls for an interpretation of the constitutional provision on the issuance of warrants of arrest. The pertinent provision reads: Art. III, Sec. 2. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination nder oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. The addition of the word personally after the word determined and the deletion of the grant of authority by the 1973 Constitution to issue warrants to other responsible officers as may be authorized by law, has apparently convinced petitioner Beltran that the Constitution now requires the judge to personally examine the complainant and his witnesses in his determination of probable cause for the issuance of warrants of arrest. This is not an accurate interpretation. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. In satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the judge is not required to personally examine the complainant and his witnesses. Following established doctrine and procedure, he shall: (1) personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest; or (2) if on the basis thereof he finds no probable cause, he may disregard the fiscals report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause. Sound policy dictates this procedure, otherwise judges would be unduly laden with the preliminary examination and investigation of criminal complaints instead of concentrating on hearing and deciding cases filed before their courts. On June 30, 1987, the Supreme Court unanimously adopted Circular No. 12, setting down guidelines for the issuance of warrants of arrest. The procedure therein provided is reiterated and clarified in this resolution. It has not been shown that respondent judge has deviated from the presc ribed procedure. Thus, with regard to the issuance of the warrants of arrest, a finding of grave abuse of discretion amounting to lack or excess of jurisdiction cannot be sustained. Anent the third issue, petitioner Beltran argues that the reasons which necessitate presidential immunity from suit impose a correlative disability to file suit. He contends that if criminal proceedings ensue by virtue of the Presidents filing of her complaint-affidavit, she may subsequently have to be a witness for the prosecution, bringing her under the trial courts jurisdiction. This, continues Beltran, would in an indirect way defeat her privilege of immunity from suit, as by testifying on the witness stand, she would be exposing herself to possible contempt of court or perjury. The rationale for the grant to the President of the privilege of immunity from suit is to assure the exercise of Presidential duties and functions free from any hindrance or distraction, considering that being the Chief Executive of the Government is a job that, aside from requiring all of the office holders time, also demands undivided attention. But this privilege of immunity from suit, pertains to the President by virtue of the office and may be invoked only by the holder of the office; not by any other person in the Presidents behalf. Thus, an accused in a criminal case in which the President is complainant cannot raise the presidential privilege as a defense to prevent the case from proceeding against such accused. Moreover, there is nothing in our laws that would prevent the President from waiving the privilege. Thus, if so minded the President may shed the protection afforded by the privilege and submit to the courts jurisdiction. The choice of whether to exercise the privilege or to waive it is solely the Presidents prerogative. It is a decision that cannot be assumed and imposed by any other person. As regards the contention of petitioner Beltran that he could not be held liable for libel because of the privileged character or the publication, the Court reiterates that it is not a trier of facts and that such a defense is best left to the trial court to appreciate after receiving the evidence of the parties. As to petitioner Beltrans claim that to allow the libel case to proceed would produce a chilling effect on press freedom, the Court finds no basis at this stage to rule on the point. The petitions fail to establish that public respondents, through their separate acts, gravely abused their discretion as to amount to lack of jurisdiction. Hence, the writs of certiorari and prohibition prayed for cannot issue. WHEREFORE, finding no grave abuse of discretion amounting to excess or lack of jurisdiction on the part of the public respondents, the Court Resolved to DISMISS the petitions in G. R. Nos. 82585, 82827 and 83979. The Order to maintain the status quo contained in the Resolution of the Court en banc dated April 7, 1988 and reiterated in the Resolution dated April 26, 1988 is LIFTED.

Psychology The Thought Process And Behavior Of Humans...

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How to Write an Sop for Grad School Free Essays

HOW TO WRITE A WINNING STATEMENT OF PURPOSE FOR A GRADUATE SCHOOL Compiled by Shoukat Iqbal Khattak Faculty Member Bahria University of Management Sciences-Karachi campus E-mail:shoukat. iqbal@bimcs. edu. We will write a custom essay sample on How to Write an Sop for Grad School or any similar topic only for you Order Now pk Developed Created by Anthony O. Okobi using: STATEMENT OF PURPOSE Table of Content 1. Introduction:What, Why and How of Statement of Purpose. 2. Stage I: Do your Homework 3. Stage II:Reflect and Brainstorm (on paper) 4. Stage III:Outline your Statement of Purpose 5. Stage IV:Write Draft of Statement of Purpose 6. Stage V:Ask for Critique, Revise and Edit . Example:Sample Statement of Purpose Introduction A written statement of purpose is a standard requirement for graduate school admission. It is a tool for the faculty on graduate school admissions committees to assess the knowledge, experience, motivation, intellectual maturity and readiness of applicants to pursue graduate education at their institution. The statement of purpose is a crucial component of the graduate school admissions process. It can determine whether an applicant is accepted or rejected, irrespective of their other qualifications. This document outlines the 5 stages that a graduate school applicant should go through in order to write an impressive and successful statement of purpose. Stage I: Do your Homework 1. Browse through the websites of the schools/departments/programs of interest to you. Obtain brochures and booklets and read through them carefully. Highlight the aspects of the programs that appeal to you. 2. Read up on the research interests and projects of the faculty in the schools/departments/programs. Read publications from a faculty of interest. 3. Browse through recent articles from the research field of interest and try to get a general understanding of how the field developed and what are its current problems and challenges. Stage II: Reflect and Brainstorm (on paper) 1. Reflect on your intellectual development. †¢ What and when were the major moments in your life that have led you to your current research interest(s) and school/department/program? †¢ What or who influenced your decision or interest (i. e. role models)? †¢ What quality about them appealed to you? 2. Why did you choose your research topic(s)/field/school? . Why did you choose your undergraduate major? 4. What are your career goals? †¢ Where do you see yourself in 10 years? †¢ What do you hope to accomplish? †¢ What drives you? What motivates you? Stage III: Outline your Statement of Purpose 1. From the results of Stage II, determine a central theme/topic that stands out or dominates your reflections and brainstorm. 2. Using bulle t points and brief comments/statements, organize your reflections and brainstorm ideas that strengthen the central theme/topic of your statement of purpose. Concentrate on your life experiences and give specific examples. †¢ Put down only those things that excite you. †¢ Do not make things up! 3. Your outline should cover these areas and, preferably, in this order: †¢ What aspects of the school/department/program appeals to you? †¢ What are your research interest(s)? †¢ How did you become interested in your current research topic/area? †¢ How did you prepare or are preparing to address the issues in this research area/topic (i. e. research experiences, courses, etc. )? †¢ What are your future goals for graduate school (i. e. Ph. D. )? What are your career goals (i. e. professorship)? †¢ What characteristics of the school/department/program can help you accomplish your goals? †¢ What positive aspects do you bring to the school/department/p rogram? Stage IV: Write Draft of Statement of Purpose 1. When writing your statement of purpose: †¢ Always use positive language when referring to yourself. †¢ Give detailed, but concise examples. †¢ Use transition words, sentences and paragraphs. Your statement must read smoothly. †¢ Skip a line after each paragraph. †¢ Refrain from starting neighboring paragraphs the same way. Avoid using vocabulary that you do not know. †¢ Refrain from repeating yourself. †¢ Have strong opening and closing paragraph. †¢ Stay within the 2 – 3 page limit! †¢ Thank the admissions committee for their time at the end of your statement of purpose. Stage V: Ask for Critique, Revise and Edit 1. When you are finished with your draft statement of purpose, read it out loud to yourself and make corrections. 2. Ask friends, colleagues and professors to read your edited draft. Taking their comments into consideration, revise and edit your draft. EXAMPLE Courtesy of copyright  © 2012 Study Mode, Inc. The following is a shortened sample SOP (with technical details removed. ) Expert comments at the end of the paragraphs point out important features. After one year’s work experience as a research technician at  [redacted], one of the US’s leading research institutes, I want to return to academic study and undertake graduate studies in Cell Biology and Molecular Genetics at the University of  [redacted]. 1. Stating what you are doing now and what you are applying for is a simple, direct way of starting an SOP. After graduating with a first class degree from  [redacted], University of  [redacted], I felt I should gain some practical experience working in a research environment to gain first-hand knowledge of what the life of a research scientist entails. I have loved every minute of my work: especially the opportunity to participate in cutting-edge projects and discuss ideas with senior biologists. I soon realized that, although I enjoy handling the complex equipment and processing the results, I am not going to be satisfied with carrying out routine procedures under the direction of others. I want to be part of the team that directs the course of the project. My senior colleagues have encouraged my ambition and feel that I have the potential for graduate studies. 2. Notice how the student tries to analyze the reasons for her choices. My love of biology started in high school. We had a young and enthusiastic teacher, Mrs. [redacted], who took us on field trips and visits. She made sure we did as much practical work as was feasible, and demonstrated experiments that we hadn’t the equipment or time to do ourselves. She also encouraged us to read. I remember the impact reading Maynard Smith’s  The Theory of Evolution  had on me: I wanted to be able to explain such important ideas as clearly as he did. Quite naturally my first thoughts about a future career tended towards teaching – I wanted to be another Mrs. [redacted]. 3. It is good to explain how you became interested in your subject. However, don’t go too far back! Notice that a specific example helps create interest. At undergraduate level, my interests became more focused. Although physiology and ecology came easy to me, it was biochemistry and cell biology that really captured my interest. We were fortunate to have good laboratories and excellent professors. I found that cell biology was an interdisciplinary undertaking: today you need a foundation in chemistry, physics and even IT to be at the forefront in this subject. This interdisciplinary aspect of the subject suits my abilities well. I have always performed well in all science subjects and find it challenging to apply the knowledge to practical problems. For this reason I chose to undertake a project in my final year on the behavior of protein molecules in high energy fields at  [redacted]. The scientists at [redacted]  were impressed with my practical skills and were happy to give me a recommendation that led to my present job. 4. Details of courses and projects help to show focus. (This student went on to describe another important college project. She also gave a full description of her current scientific work. ) Many people have asked me why I did not proceed directly to graduate studies after graduating. The answer is that I wanted to make sure that I had chosen the right subject and the right place before embarking on a course of study that would involve many years of my life. The one-year gap has also given me time to work with the local Natural History Society: we take families on Sunday trips to the nearby National Park to help create awareness about environmental issues. I have also been a member and organizer of the  [redacted]  Film Society: we watch and discuss films from all over the world. I am looking forward to furthering my interest in film in the  [redacted]  Film club, at your university, and I also hope to use my passion for teaching in the  [redacted] Social Outreach program. . Explain the reasons for any unusual features of your career (taking a year out, poor performance, etc. ). Include social and extracurricular activities to show balance in your life or because they are relevant to the course. In selecting the University of  [redacted],  I have been influenced by the way your research program addresses biological questions at the levels of molecule, gene and cell. I am particularly looking forward to such courses as Devel opmental Biology and Bioinformatics. I am also excited to interact with Professors  [redacted]  and  [redacted]  whose work is closest to what I want to pursue for the original research component of the MS degree. I have been corresponding with  [redacted], a current student, from whom I have learned about the collaborative environment at  [redacted]  where I will interact with talented students, teachers and industry professionals. I believe that I will be able to contribute to and learn from the academically challenging environment at the University of  [redacted]. 6. Try to show that you are fully familiar with the course you are applying for. How to cite How to Write an Sop for Grad School, Essay examples