Presents

STUDY WITH BROTHER IN LAW

SCHOOL
ALAC METHOD
LAW SCHOOL SURVIVAL SKILLS
ALAC METHOD
 ISSUE SPOTTING

The key to answering exam/bar questions

 Substantive vs Remedial

OUTLINE:
a) Issue Defined
b) Types of Issues
c) Constructing the Issue/s
 Issue Defined

ISSUE
"an important topic or problem for discussion." (General
Definition)

In the legal world, this refers specifically to a LEGAL ISSUE.

Legal Issue - a question of law after admitting all relevant facts.

Elements:
a) Question - (Is...?/ Does..?/ Should..?/ Will..?) - or "Whether"
b) Relevant Facts - arguments and circumstances
 Types of Issues

TYPES OF ISSUES:
a) Substantive Issues - rights, duties, obligations and causes of
action.
b) Procedural Issues - methods, steps, remedies in enforcing
rights.
 Constructing the Issue/s

a) Start with your Question "word" or Whether.

b) State the relevant facts.
 Constructing the Issue/s

a) Start with your Question "word" or Whether.

b) State the relevant facts.
Philippine Courts

PRACTICE
 Constructing the Issue/s

After due hearing on a petition for a writ if amparo founded on

acts of enforced disappearance and extralegal killing of the son
of the complainant allegedly done by the respondent military
officers, the court granted the petition. May the military officers
be criminally charged in court with enforced disappearance and
extra legal killing? Explain fully.

ISSUE:
Whether military officers be criminally charged with enforced
disappearances and extra legal killings.
 Constructing the Issue/s

After due hearing on a petition for a writ if amparo founded on

acts of enforced disappearance and extralegal killing of the son
of the complainant allegedly done by the respondent military
officers, the court granted the petition. May the military officers
be criminally charged in court with enforced disappearance and
extra legal killing? Explain fully.
 Constructing the Issue/s
ISSUE:
Whether military officers be criminally charged with enforced
disappearances and extra-legal killings.
 Constructing the Issue/s
ANSWER:
No, military officers cannot be criminally charged with enforced
disappearances and extra-legal killings because such acts are not
criminal.

It is a settled principle in our criminal laws that there is no crime if

there is no law punishing it.

Since extra-legal killings and enforced disappearances are not

neither punishable under the RPC nor in our SPLs, they are not
crimes. Therefore, military officers cannot be criminally charged
from such acts.
Constructing the Issue/s
 Constructing the Issue/s

ISSUE:
Whether warrantless arrests be effected during the suspension of
the privilege of writ of habeas corpus.
 Constructing the Issue/s

ANSWER:
No, the contention of the police is incorrect, because the mere suspension of
the privilege of the writ of habeas corpus does not allow warrantless arrests
by itself.

Under the Rules, there are only three instances wherein a person may be
arrested without a warrant - in flagrante, delicto, hot pursuit, or when the
person to be arrested is an escapee.

Since none of the three instances are present in this case, warrantless
arrests cannot be made notwithstanding the suspension of the writ of
habeas corpus

Hence, the contention of the police that a warrantless arrest can be

effected during the suspension of the writ is incorrect.
Congratulations on finishing this lesson!

See you in the next video!