Month: October 2017

— Constitutional Law —

BAYAN VS ERMITA G.R. No. 169838 April 25, 2006 “Moot and Academic” Principle

October 30, 2017

 FACTS: Rallies or the right to peaceably assemble to express freedom of expression, to petition for redress of grievances hounding the government which was co-organized by various mass based groups, and as Bayan and KMU sometime in September 26 and October 4-6 2005 has been violently preempted and and forcibly dispersed causing injuries by police… Read More BAYAN VS ERMITA G.R. No. 169838 April 25, 2006 “Moot and Academic” Principle

— Constitutional Law —

ESTRADA vs. SANDIGANBAYAN G.R. No. 159486-88. November 25, 2003 Partisan Political Activities

October 30, 2017

  FACTS: Atty. Alan F. Paguia, speaking for petitioner, Joseph Ejercito Estrada claims of political partisanship against the members of the Court, asserting that the justices have violated Rule 5.10 of the Code of Judicial Conduct which prohibits justices or judges from participating in any partisan political activity by attending the ‘EDSA 2 Rally’ and… Read More ESTRADA vs. SANDIGANBAYAN G.R. No. 159486-88. November 25, 2003 Partisan Political Activities

— Constitutional Law —

DAVID vs. ARROYO G.R. No. 171396 May 3, 2006 Locus Standi

October 30, 2017

  FACTS: On February 24,2006, during the celebration of the 20th anniversary of Edsa People Power I, President Gloria Macapagal Arroyo issued PP 1017 declaring a state of National Emergency which subject to certain conditions by the framers of our constitution. The basis of the declaration is the conspiracy of the opposition, the extreme left… Read More DAVID vs. ARROYO G.R. No. 171396 May 3, 2006 Locus Standi

— Constitutional Law —

PIMENTEL vs. ERMITA G.R. No. 164978 October 13, 2005 Legal Standing

October 30, 2017

FACTS: Petitioners file for certiorari and prohibition with a prayer for the issuance of a writ of preliminary injunction to declare unconstitutional the appointments issued by President Gloria Macapagal-Arroyo, through Executive Secretary Eduardo R. Ermita to Florencio B. Abad, Avelino J. Cruz, Jr., Michael T. Defensor, Joseph H. Durano, Raul M. Gonzalez, Alberto G. Romulo,… Read More PIMENTEL vs. ERMITA G.R. No. 164978 October 13, 2005 Legal Standing

— Constitutional Law —

REPUBLIC vs. ESTATE OF MENZI G.R. No. 152578 November 23, 2005 PCGG

October 30, 2017

FACTS: In the aftermath of the EDSA Revolution, President Corazon C. Aquino issued Executive Order (EO) No. 1, creating the Presidential Commission on Good Government (PCGG) tasked with the recovery of all ill-gotten wealth accumulated by former President Ferdinand Marcos, his immediate family, relatives, subordinates and close associates.  This was followed by EO Nos. 2… Read More REPUBLIC vs. ESTATE OF MENZI G.R. No. 152578 November 23, 2005 PCGG

— Constitutional Law —

OSMEÑA vs. COMELEC G.R. No. 100318 June 30, 1991 Elections

October 30, 2017

FACTS: Petitioners pray for this Court to declare Republic Act No. 7056 as unconstitutional and, therefore, invalid and inoperative because: 1. It violates the mandate of the Constitution for the holding of synchronized national and local elections on the second Monday of May 1992. 2. Republic Act 7056, particularly the 2nd paragraph of Section 3… Read More OSMEÑA vs. COMELEC G.R. No. 100318 June 30, 1991 Elections

— Taxation —

PHILIPPINE PORTS AUTHORITY vs. CITY OF ILOILO G.R. No. 109791 July 14, 2003 Real property Tax, Business Tax

October 30, 2017

FACTS: PPA is created und PD 857 and under Section 25 of its charter, PPA is exempted from paying real property tax. PPA is engaged in the business of arrastre and stevedoring and leasing of real estate. Also, it owns a warehouse for its operation. On June 11, 1984, PD 1931 withdrew all tax exemptions… Read More PHILIPPINE PORTS AUTHORITY vs. CITY OF ILOILO G.R. No. 109791 July 14, 2003 Real property Tax, Business Tax

— Taxation —

MCIAA vs. MARCOS G.R. No. 120082, September 11, 1996 261 SCRA 667 Public Corporation, Taxation, Local Government Code, Realty Tax,

October 30, 2017

FACTS: Mactan Cebu International Airport Authority (MCIAA) was created by virtue of Republic Act 6958. Since the time of its creation, MCIAA enjoyed the privilege of exemption from payment of realty taxes in accordance with Section 14 of its Charter. However on 11 October 1994, the Office of the Treasurer of Cebu, demanded for the… Read More MCIAA vs. MARCOS G.R. No. 120082, September 11, 1996 261 SCRA 667 Public Corporation, Taxation, Local Government Code, Realty Tax,

— Civil Law —

SAGRADA ORDEN vs. NATIONAL COCONUT CORPORATION G.R. No. L-3756 June 30, 1952 91 PHIL. 503 Obligations, Sources of Obligations

October 30, 2017

FACTS: This is an action to recover the possession of a piece of real property (land and warehouses) situated in Pandacan Manila, and the rentals for its occupation and use. The land belongs to the plaintiff, Sagrada Orden, in whose name the title was registered before the war. During the Japanese military occupation, the land was… Read More SAGRADA ORDEN vs. NATIONAL COCONUT CORPORATION G.R. No. L-3756 June 30, 1952 91 PHIL. 503 Obligations, Sources of Obligations

— Remedial Law —

PEOPLE VS. UY G.R. No. 158157 September 30, 2005 Demurrer to Evidence, Certiorari, Rule 65

October 26, 2017

FACTS: Louel Uy and Teofilo Panangin were charged for the killing of Rabel Campos who was found dead with several stab wounds. The RTC granted the separate demurrer to evidence of accused Uy and Panangin resulting in their acquittal for murder due to insufficiency of evidence, but nevertheless holding them jointly and severally liable to… Read More PEOPLE VS. UY G.R. No. 158157 September 30, 2005 Demurrer to Evidence, Certiorari, Rule 65