The Three Territorial Domains
The Three Territorial Domains
The Three Territorial Domains
Due process is the legal requirement that the state must respect all legal
rights that are owed to a person. Due process balances the power of law of
the land and protects the individual person from it.
Due process rights are basically the guarantee that a person has the right to
the fair application of the law before they can be imprisoned, executed, or
have their property seized. This concept is responsible for all the procedures
that guarantee a fair trial no matter who you are.
In English, the Latin phrase habeas corpus means "that you have the body."
When the Supreme Court, which has jurisdiction over habeas corpus
petitions, issues the writ, it commands an individual or a government official
who has restrained another individual to produce the prisoner at a designated
time and place so that the Court can determine whether the prisoner's custody
is legal or not. If it isn't, then the prisoner must be released. In other words,
the writ is a safeguard against warrantless arrests and illegal detention.
The Philippine Law Dictionary defines “double jeopardy” to mean that “when
a person is charged with an offense and the case is terminated either by
acquittal or conviction or in any other manner without the consent of the
accused, the latter cannot again be charged with the same or identical
offense.”