Category: Constitutional Law

— Constitutional Law, Taxation —

SAINT WEALTH LTD. v. BIR G.R. No. 252965 December 07, 2021, POGO Rules and Regulations, Franchise Tax  

March 15, 2023

FACTS: From 2016, the Philippines began regulating online gaming hubs, specifically the Philippine Offshore Gaming Operators (POGOs).  The PAGCOR issued POGO Rules and Regulations defining offshore gaming as “the offering by a licensee of PAGCOR authorized online games of chance via the internet using a network and software or program, exclusively to offshore authorized players… Read More SAINT WEALTH LTD. v. BIR G.R. No. 252965 December 07, 2021, POGO Rules and Regulations, Franchise Tax  

— Constitutional Law, Political Law —

IN RE: PETITION OF ARTURO EFREN GARCIA for admission to the Philippine Bar without taking the examination August 15, 1961 

February 13, 2023

FACTS: Arturo E. Garcia has applied for admission to the practice of law in the Philippines without submitting to the required bar examinations. In his verified petition, he avers, among others, that he is a Filipino citizen born in Bacolod City, Province of Negros Occidental, of Filipino parentage; that he had taken and finished in… Read More IN RE: PETITION OF ARTURO EFREN GARCIA for admission to the Philippine Bar without taking the examination August 15, 1961 

— Constitutional Law, Political Law —

PILIPINO TELEPHONE CORPORATION (PILTEL) v. NATIONAL TELECOMMUNICATIONS COMMISSION G.R. No. 138295, August 28, 2003 Franchise to Operate a Public Utility

February 3, 2023

FACTS: On 20 March 1995, the National Telecommunications Commission (NTC) issued PILTEL a Provisional Authority (PA) to install, operate and maintain telephone exchanges and public calling offices in areas including Zamboanga del Norte, and Davao City, among others. On 21 June 1996, while PILTEL’s PA was still valid and subsisting, the International Communications Corporation (ICC)… Read More PILIPINO TELEPHONE CORPORATION (PILTEL) v. NATIONAL TELECOMMUNICATIONS COMMISSION G.R. No. 138295, August 28, 2003 Franchise to Operate a Public Utility

— Constitutional Law, Remedial Law —

EPZA v. DULAY G.R. No. L-59603, April 29, 1987 Expropriation, Just Compensation

February 1, 2023

FACTS: On January 15, 1979, the President issued Proclamation No. 1811, reserving a certain parcel of land of the public domain situated in the Lapu-Lapu City, Mactan, Cebu and covering a total area of 1,193,669 square meters, more or less, for the establishment of an export processing zone by petitioner Export Processing Zone Authority (EPZA).… Read More EPZA v. DULAY G.R. No. L-59603, April 29, 1987 Expropriation, Just Compensation

— Constitutional Law, Remedial Law —

Kilusang Mayo Uno (KMU) v. Benigno Aquino II G.R. No. 210500, April 2, 2019 Power of Judicial Review, Exhaustion of Administrative Remedies, Petition for Certiorari, Actual Case or Controversy

November 2, 2022

FACTS: Kilusang Mayo Uno, together with representatives from recognized labor centers, labor federations, party-list groups, and Social Security System members, filed the instant Petition for Certiorari and Prohibition against government officials and agencies involved, praying that a temporary restraining order and/or writ of preliminary injunction be issued to annul the Social Security System premium hike embodied in the… Read More Kilusang Mayo Uno (KMU) v. Benigno Aquino II G.R. No. 210500, April 2, 2019 Power of Judicial Review, Exhaustion of Administrative Remedies, Petition for Certiorari, Actual Case or Controversy

— Appeals, Constitutional Law, Criminal Law, Remedial Law —

Mandagan v. JMV CORPORATION  G.R. No. 215118 June 19, 2019 J. Caguioa B.P. 22, Acquittal, Right of the accused against double jeopardy

October 24, 2022

FACTS:  JOSE M. VALERO CORPORATION (JMV) agreed to grant an accommodation in favor of Maria Nympha Mandagan by allowing her to use its corporate name and account for a car loan intended for her personal use. The accommodation was extended to Mandagan when she still enjoyed the good graces of company director, Mrs. Rosie V.… Read More Mandagan v. JMV CORPORATION  G.R. No. 215118 June 19, 2019 J. Caguioa B.P. 22, Acquittal, Right of the accused against double jeopardy

— Constitutional Law, Political Law —

Valles v. COMELEC G.R. No. 137000 August 9, 2000 The principle of Jus Sanguinis

July 16, 2022

FACTS: Rosalind Ybasco Lopez was born on May 16, 1934 in Napier Terrace, Broome, Western Australia, to the spouses, Telesforo Ybasco, a Filipino citizen, and Theresa Marquez, an Australian. In 1949, at the age of fifteen, she left Australia and came to settle in the Philippines. In 1952, she was married to Leopoldo Lopez, a… Read More Valles v. COMELEC G.R. No. 137000 August 9, 2000 The principle of Jus Sanguinis

— Constitutional Law, Criminal Law —

Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

May 25, 2022

FACTS: Pascasio Duropan and Raymond Nixer Coloma were Barangay Kagawad and Barangay Tanod, respectively, of Lincod, Maribojoc, Bohol. On March 7, 2009 at 11:30 a.m., Duropan, Coloma, and another barangay official saw William Pacis, et al harvesting nipa palm in a plantation. Coloma approached them and asked who gave them authority to harvest. Pacis replied… Read More Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

— Constitutional Law, Political Law —

Lansang v. CA G.R. No. 102667 February 23, 2000 The Doctrine of State Immunity from Suit

April 4, 2022

FACTS: Private respondents were allegedly awarded a “verbal contract of lease” in 1970 by the National Parks Development Committee (NPDC), a government initiated civic body engaged in the development of national parks, including Rizal Park.  Whoever in NPDC gave such “verbal” accommodation to private respondents was unclear, for indeed no document or instrument appears on… Read More Lansang v. CA G.R. No. 102667 February 23, 2000 The Doctrine of State Immunity from Suit

— Constitutional Law, Political Law, Remedial Law —

RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

February 22, 2022

FACTS: On June 13, 2002, the Government of the Philippines, acting through the DOE, entered into a Geophysical Survey and Exploration Contract-I 02 (GSEC-102) with Japan Petroleum Exploration Co., Ltd. (JAPEX). This contract involved geological and geophysical studies of the Tañon Strait. The studies included surface geology, sample analysis, and reprocessing of seismic and magnetic… Read More RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015