Author: pinayjurist

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— Political Law —

Sandoval Notes – Political Law Part III Executive Department – Power of Appointment

October 6, 2017

To what types of appointments is Section 15, Article VII of the 1987 Constitution (prohibiting the President from making appointments two months before the next presidential elections and up to the end of his term) directed against?   Held: Section 15, Article VII is directed against two types of appointments: (1) those made for buying… Read More Sandoval Notes – Political Law Part III Executive Department – Power of Appointment

— Political Law, Taxation —

Sandoval Notes – Political Law Part V Constitutional Law – Power of Taxation

October 6, 2017

The Power of Taxation   Can taxes be subject to off-setting or compensation?   Held: Taxes cannot be subject to compensation for the simple reason that the government and the taxpayer are not creditors and debtors of each other. There is a material distinction between a tax and debt. Debts are due to the Government… Read More Sandoval Notes – Political Law Part V Constitutional Law – Power of Taxation

— Political Law —

Sandoval Notes – Political Law Part III Executive Department – Powers of the President

October 6, 2017

Ma. Evelyn S. Abeja was a municipal mayor. She ran for reelection but lost. Before she vacated her office, though, she extended permanent appointments to fourteen new employees of the municipal government. The incoming mayor, upon assuming office, recalled said appointments contending that these were “midnight appointments” and, therefore, prohibited under Sec. 15, Art. VII… Read More Sandoval Notes – Political Law Part III Executive Department – Powers of the President

— Political Law —

Sandoval Notes – Political Law Part V Constitutional Law

October 6, 2017

 CONSTITUTIONAL LAW    122.      What is the effect of declaration of unconstitutionality of a law? Illustrative case.   Held: Respondents are seeking a reconsideration of the Court’s 25 January 2000 decision, wherein we declared section 8 of Republic Act No. 8551 (RA 8551) to be violative of petitioners’ constitutionally mandated right to security of tenure.… Read More Sandoval Notes – Political Law Part V Constitutional Law

— Political Law —

Sandoval Notes – Political Law Part IV The Judiciary

October 6, 2017

The Judicial Department   What are the requisites before the Court can exercise the power of judicial review?   Held: 1. The time-tested standards for the exercise of judicial review are: (1) the existence of an appropriate case; (2) an interest personal and substantial by the party raising the constitutional question; (3) the plea that… Read More Sandoval Notes – Political Law Part IV The Judiciary

— Remedial Law —

MALACAT y MANDAR v. CA and PEOPLE OF THE PHILIPPINES G.R. No. 123595. December 12, 1997 warrantless arrests, warrantless search, bill of rights, illegal possession of explosives

October 5, 2017

FACTS: In response to reports of bomb threats, Rodolfo Yu, was on foot patrol with other police officers at Plaza Miranda. They chanced upon two groups of Muslim-looking men near the Mercury Drug Store. These men were acting suspiciously with their eyes moving very fast. Yu and his companions observed both groups for about thirty… Read More MALACAT y MANDAR v. CA and PEOPLE OF THE PHILIPPINES G.R. No. 123595. December 12, 1997 warrantless arrests, warrantless search, bill of rights, illegal possession of explosives

— Civil Law —

CORPUZ vs. STO. TOMAS ART. 26 Family Code G.R. No. 186571 August 11, 2010 Article 26 of the Family Code, recognition of a foreign divorce decree

October 5, 2017

FACTS: Petitioner Gerbert Corpuz was a former Filipino citizen who acquired Canadian citizenship married respondent Daisilyn Sto. Tomas, a Filipina, in Pasig City. Gerbert left for Canada soon after the wedding. When he returned to the Philippines and discovered that his wife was having an affair with another man, he filed a petition for divorce before… Read More CORPUZ vs. STO. TOMAS ART. 26 Family Code G.R. No. 186571 August 11, 2010 Article 26 of the Family Code, recognition of a foreign divorce decree

— Criminal Law, Mercantile Law, Remedial Law —

PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan

October 5, 2017

FACTS Orient Commercial Banking Corporation (OCBC), a commercial bank was ordered closed by the BSP.  PDIC was designated as OCBC receiver, and it took over the bank’s affairs, assets and liabilities, records, and collected the bank’s receivables. In 1997, it appears that fictitious loans in favor of two entities – Timmy’s, Inc. and Asia Textile… Read More PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan