Author: pinayjurist

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— Constitutional Law, Political Law —

AASJS vs. DatumanongG.R. No. 160869 May 11, 2007 Citizenship, Dual Allegiance

January 27, 2018

FACTS: This is a petition filed by petitioner ADVOCATES AND ADHERENTS OF SOCIAL JUSTICE FOR SCHOOL TEACHERS AND ALLIED WORKERS against respondent, then Secretary of Justice Simeon Datumanong, the official tasked to implement laws governing citizenship. Petitioner prays that a writ of prohibition be issued to stop respondent from implementing Republic Act No. 9225, entitled “An… Read More AASJS vs. DatumanongG.R. No. 160869 May 11, 2007 Citizenship, Dual Allegiance

— Criminal Law —

Abdulla vs. People G.R. NO. 150129 April 6, 2005 Malversation, Criminal Intent

January 27, 2018

FACTS: Convicted by the Sandiganbayan of the crime of illegal use of public funds, appellant Abdulla is before the Court on petition for review under Rule 45. Appellant’s co-accused, Aguil and Darkis, were both acquitted.  Only appellant was found guilty and sentenced by the Sandiganbayan. Upon motion for reconsideration, the Sandiganbayan amended appellant’s sentence by… Read More Abdulla vs. People G.R. NO. 150129 April 6, 2005 Malversation, Criminal Intent

— Constitutional Law, Political Law —

Soriano vs. La Guardia G.R. No. 164785 April 29, 2009 Freedom of Speech

January 26, 2018

  FACTS: On August 10, 2004, at around 10:00 p.m., petitioner, as host of the program Ang Dating Daan, aired on UNTV 37, made obscene remarks against INC. Two days after, before the MTRCB, separate but almost identical affidavit-complaints were lodged by Jessie L. Galapon and seven other private respondents, all members of the Iglesia… Read More Soriano vs. La Guardia G.R. No. 164785 April 29, 2009 Freedom of Speech

— Constitutional Law, Political Law —

Estrada vs. Escritor A.M. No. P-02-1651. August 4, 2003 Benevolent Neutrality

January 26, 2018

  FACTS:   Alejandro Estrada wrote to Judge Caoibes, Jr., requesting for an investigation of rumors that respondent Soledad Escritor, court interpreter in said court, is living with a man not her husband.  They allegedly have a child of eighteen to twenty years old. He filed the charge against Escritor as he believes that she is… Read More Estrada vs. Escritor A.M. No. P-02-1651. August 4, 2003 Benevolent Neutrality

— Constitutional Law —

Ebralinag vs. DepEd G.R. No. 95770 March 1, 1993 Religious Freedom

January 26, 2018

  FACTS: All the petitioners in the original case were minor school children, and members of the sect, Jehovah’s Witnesses (assisted by their parents) who were expelled from their classes by various public school authorities in Cebu for refusing to salute the flag, sing the national anthem and recite the patriotic pledge as required by… Read More Ebralinag vs. DepEd G.R. No. 95770 March 1, 1993 Religious Freedom

— Constitutional Law, Political Law, Taxation —

Tolentino vs. Secretary of Finance G.R. No. 115455 October 30, 1995 Freedom of the Press

January 26, 2018

FACTS: These are motions seeking reconsideration of our decision dismissing the petitions filed in these cases for the declaration of unconstitutionality of R.A. No. 7716, otherwise known as the Expanded Value-Added Tax Law. Now it is contended by the Philippine Press Institute (PPI) that by removing the exemption of the press from the VAT while… Read More Tolentino vs. Secretary of Finance G.R. No. 115455 October 30, 1995 Freedom of the Press

— Constitutional Law, Political Law —

Garces vs. Estenzo G.R. No. L-53487 May 25, 1981 Separation of the Church and the State, Religious Freedom

January 26, 2018

  FACTS:   The case is about the constitutionality of four resolutions of the barangay council of Valencia, Ormoc City, regarding the acquisition of the wooden image of San Vicente Ferrer to be used in the celebration of his annual feast day. That issue was spawned by the controversy as to whether the parish priest… Read More Garces vs. Estenzo G.R. No. L-53487 May 25, 1981 Separation of the Church and the State, Religious Freedom

— Criminal Law —

PEOPLE versus DE LA CRUZ G.R. No. 182348 November 20, 2008 R.A. 9165

January 26, 2018

FACTS: This is an appeal from the Decision of the RTC finding the accused- appellant Carlos Dela Cruz guilty beyond reasonable doubt of violation of Section 11(2) of Republic Act No. (RA) 9165 or The Comprehensive Dangerous Drugs Act of 2002 for having in his possession, direct custody and control one (1) heat-sealed transparent plastic… Read More PEOPLE versus DE LA CRUZ G.R. No. 182348 November 20, 2008 R.A. 9165

— Criminal Law —

PEOPLE vs. DEL MONTE G.R. No. 179940 April 23, 2008 Section 21 of Republic Act No. 9165

January 26, 2018

FACTS: Assailed before the Court is the Decision of the Court of Appeals which affirmed with modification the Decision of the RTC of Malolos, Bulacan, finding accused-appellant Norberto del Monte, a.k.a. Obet, guilty of violation of Section 5, Article II of Republic Act No. 9165, otherwise known as “Comprehensive Dangerous Drugs Act of 2002.” Appellant… Read More PEOPLE vs. DEL MONTE G.R. No. 179940 April 23, 2008 Section 21 of Republic Act No. 9165

— Constitutional Law, Political Law —

SOCIAL JUSTICE SOCIETY (SJS) vs. DANGEROUS DRUGS BOARD and PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) G.R. No. 157870 November 3, 2008 Right to Privacy

January 26, 2018

FACTS: In its Petition for Prohibition under Rule 65, petitioner Social Justice Society (SJS), a registered political party, seeks to prohibit the Dangerous Drugs Board (DDB) and the Philippine Drug Enforcement Agency (PDEA) from enforcing paragraphs (c), (d), (f), and (g) of Sec. 36 of RA 9165 on the ground that they are constitutionally infirm.… Read More SOCIAL JUSTICE SOCIETY (SJS) vs. DANGEROUS DRUGS BOARD and PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) G.R. No. 157870 November 3, 2008 Right to Privacy