Dahil sa pag-aresto sa dating Pangulong Rodrigo Durterte, marami tayong naririnig na legal terms ngayon gaya ng Jurisdiction, Writ of Habeas Corpus and Confirmation Charges of Hearing pero ano-ano ba ang ibig sabihin nito? Si Atty. Gaby Concepcion na ang bahala d’yan! Panoorin ang video.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories. Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories. Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
Category
😹
FunTranscript
00:00The arrest of former President Rodrigo Duterte in the case of Crimes Against Humanity last week is still a hot topic.
00:11Because of that, we hear different legal terminology.
00:16It is important that we understand the meaning of those terms,
00:20so listen carefully because that is what we are going to talk about.
00:25What do those terms mean?
00:27Ask me, ask LULIGAN.
00:34Our first legal term for us in the classroom is JURISDICTION.
00:39JURISDICTION is always mentioned.
00:43JURISDICTION is the power of a court to hear and decide on a case.
00:49A case cannot simply be filed in any court and there are different types of JURISDICTION that must be ensured.
00:58First of all, there is a so-called JURISDICTION OVER THE SUBJECT MATTER.
01:03It means that there are only particular courts that have the power or JURISDICTION for each type of case.
01:10For example, if the case is a labor dispute because there is an illegal dismissal of an employee
01:17or if it is about the money claims of an employee,
01:20you will not go to a regular court,
01:23it should go to the National Labor Relations Commission that has JURISDICTION for such cases.
01:29Or for civil cases that cost less than two million pesos,
01:33the case should go to the Metropolitan Trial Court.
01:36If it passes, it should go to the Regional Trial Court.
01:39So, there are different types of subject matter that must be considered before filing a case.
01:45We also have a so-called TERRITORIAL JURISDICTION.
01:49For example, in criminal cases here in the Philippines,
01:52the case should be filed in a court in the same territory where the crime took place or its elements.
02:00So, for example, if a crime and all its elements happened in Quezon City,
02:05the venue of the case is in the right court of Quezon City,
02:09it should not be filed in a court in Mindanao.
02:13We also have a so-called JURISDICTION OVER THE PERSON.
02:17There should be an authority for the parties in the case
02:21so that after the litigation,
02:23any decision of the court in the future will be valid and binding for these parties.
02:29For example, in civil cases,
02:32usually the JURISDICTION OVER THE PERSON is obtained by the court
02:38because the summons were served and it appeared in the court.
02:42In criminal cases, if it was properly arrested,
02:46either because there was a warrant and you were arrested because of this,
02:50or this is the right case for a warrantless arrest.
02:53If the case was filed in a court without jurisdiction,
02:57the case should be thrown by the court.
03:00If the court has no jurisdiction over the person,
03:03the decision is invalid because it is not binding to the person in charge if the court makes a decision.
03:10So before starting a case,
03:12it is important to check first if the court has the right jurisdiction.
03:17And it applies whether the case is here in the Philippines
03:20or like what happened to President Duterte,
03:23if the ICC has jurisdiction over his case and his person.
03:28Next term, this is the WRIT OF HABIUS CORPUS.
03:34Remember, the children of former President Duterte filed a petition for the issuance of the WRIT OF HABIUS CORPUS.
03:41What is this WRIT?
03:43The WRIT OF HABIUS CORPUS is a legal remedy of a person against illegal detention
03:49and it can be questioned if the arrest was right or not.
03:54And the WRIT OF HABIUS CORPUS is a court order that orders a person,
03:59a public official, to release a person in jail and explain why he is in jail.
04:07This is done to ensure that the detention of a person is according to the law
04:12and there is no lobbyist or this detention cannot be challenged.
04:16So if a person is in jail for no reason,
04:21the WRIT OF HABIUS CORPUS provides a way for his release.
04:26The WRIT OF HABIUS CORPUS can also give an order to a private person.
04:31For example, if the custody of a child is with the mother,
04:35but it was taken by her father,
04:37the WRIT OF HABIUS CORPUS can ask the mother against the father
04:41to bring the child and explain why this happened
04:45and what is the legal basis for taking the child.
04:49And if there is no basis, the custody of the child can be given where it should be.
04:56The next one is a bit new to most people.
04:59We heard this in the initial appearance of former President Duterte in the ICC
05:04when he issued his Confirmation of Charges Hearing in September 2025.
05:10What is the Confirmation of Charges Hearing?
05:14Actually, in the Philippines, we do not use the term Confirmation of Charges Hearing.
05:19We heard it because it is used in the system of the International Criminal Court or the ICC.
05:27The Confirmation of Charges Hearing, according to them,
05:30is a process where they look for sufficient evidence to prove that there is a high possibility
05:37that a person committed the charges against him.
05:41If it can be confirmed that there is sufficient evidence to base the case,
05:46the case will continue in the trial or the actual prosecution.
05:50In a criminal case here in the Philippines,
05:53because we do not have a Confirmation of Charges Hearing,
05:56maybe it is equivalent to having a preliminary investigation
06:00where the prosecutor or prosecutor investigates if there is a probable cause to file a case or not.
06:07If there is a case and it was filed, it is arrested and there will be an arraignment.
06:13There will also be a pre-trial conference where issues and evidence will be looked at in the trial.
06:19The accused can challenge to file a case against him.
06:23If the case is wrong, for example, if the designation of the case is wrong in the information,
06:30if there is no jurisdiction of the court, for example, a motion to quash can be filed.
06:35I hope you learned and you were enlightened in what we talked about this morning.
06:40Remember, we clarify the laws we talk about here.
06:44So for peace of mind, don't think twice.
06:49Ask me, ask Katerina.