Category: Constitutional Law

— Constitutional Law, Political Law —

Manila Prince Hotel v. GSIS G.R. No. 122156 February 3, 1997 The Nature of the Constitution, Self-Executing and Not Self-Executing Provisions, National Patrimony

September 17, 2019

FACTS: Pursuant to the privatization program of the Government under Proclamation No. 50, GSIS decided to sell through public bidding 30% to 51% of the issued and outstanding shares of respondent Manila Hotel Corporation (MHC).  The winning bidder, or the eventual “strategic partner,” is to provide management expertise and/or an international marketing/reservation system, and financial… Read More Manila Prince Hotel v. GSIS G.R. No. 122156 February 3, 1997 The Nature of the Constitution, Self-Executing and Not Self-Executing Provisions, National Patrimony

— Constitutional Law, Political Law —

Marbury v. Madison 5 U.S. 137 (Feb 24, 1803) Doctrine of Constitutional Supremacy

September 7, 2019

Facts of the case Thomas Jefferson defeated John Adams in the 1800 presidential election. Before Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary Act of 1801, which created new courts, added judges, and gave the president more control over appointment of judges. The Act was essentially an attempt by Adams… Read More Marbury v. Madison 5 U.S. 137 (Feb 24, 1803) Doctrine of Constitutional Supremacy

— Constitutional Law, Political Law —

Amendments or Revisions of the Constitution: Cases and Bar Q & A

August 7, 2019

ARTICLE XVII SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention. SECTION 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least… Read More Amendments or Revisions of the Constitution: Cases and Bar Q & A

— Constitutional Law, Remedial Law —

GSIS v. HEIRS OF CABALLERO G.R. Nos. 158090 October 4, 2010 Compulsory vs. Permissive Counterclaim, Fiscal Autonomy of the Judiciary, Legislative Exemption from Payment of Docket Fees of GSIS

July 9, 2019

FACTS: Fernando Caballero & his wife secured a loan from petitioner GSIS and executed a real estate mortgage of a parcel of land registered under his name. Fernando defaulted on the payment of his loan, hence, the subject property was foreclosed, and the same was sold at a public auction where the petitioner was the… Read More GSIS v. HEIRS OF CABALLERO G.R. Nos. 158090 October 4, 2010 Compulsory vs. Permissive Counterclaim, Fiscal Autonomy of the Judiciary, Legislative Exemption from Payment of Docket Fees of GSIS

— Constitutional Law, Political Law —

ANGARA v. THE ELECTORAL COMMISSION GR No. 45081, Jul 15, 1936 Doctrine of Separation of Powers, Judicial Review,the System of Checks and Balances

June 18, 2019

FACTS: In the September 17, 1935 election, Jose A. Angara, and respondents Pedro Ynsua, et al., were candidates for the position of Member of the National Assembly for the first district of the Province of  Tayabas. The provincial board of canvassers proclaimed  the  petitioner as member-elect of the National Assembly for the said district, for… Read More ANGARA v. THE ELECTORAL COMMISSION GR No. 45081, Jul 15, 1936 Doctrine of Separation of Powers, Judicial Review,the System of Checks and Balances

— Constitutional Law, Political Law —

DAR v. BERIÑA G.R. No. 183901 July 9, 2014 J. Perlas-Bernabe Just Compensation, Expropriation

June 18, 2019

FACTS: Respondents are among the eight children of the late Sps. Gacias, whose riceland and other agricultural lands were placed under the government’s Operation Land Transfer (OLT) Program, pursuant to PD 27 (Tenants Emancipation Decree, as amended). Prior to the effectivity of PD 27, Sps. Gacias executed individual deeds of sale in favor of their… Read More DAR v. BERIÑA G.R. No. 183901 July 9, 2014 J. Perlas-Bernabe Just Compensation, Expropriation

— Constitutional Law, Political Law —

KABATAAN PARTY-LIST v. COMELEC Suffrage, Biometrics Law; Constitutionality, Strict Scrutiny

June 12, 2019

FACTS: President Benigno Aquino III signed into law RA 10367. Essentially, RA 10367 mandates the COMELEC to implement a mandatory biometrics registration system for new voters, and directs that “[r]egistered voters whose biometrics have not been captured shall submit themselves for validation.” “Voters who fail to submit for validation on or before the last day… Read More KABATAAN PARTY-LIST v. COMELEC Suffrage, Biometrics Law; Constitutionality, Strict Scrutiny

— Constitutional Law, Remedial Law —

PEOPLE v. SANDIGANBAYAN G.R. No. 199151-56 July 25, 2016 Rule 45 v. Rule 65, Inordinate Delay, Right to Speedy Disposition of Cases

June 5, 2019

FACTS: This is a special civil action for certiorari which seeks to annul and set aside the Resolutions by public respondent Sandiganbayan for allegedly having been issued without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction, and to reinstate the six Informations for Violation of… Read More PEOPLE v. SANDIGANBAYAN G.R. No. 199151-56 July 25, 2016 Rule 45 v. Rule 65, Inordinate Delay, Right to Speedy Disposition of Cases

— Constitutional Law, Remedial Law, Taxation —

CITY OF MANILA vs. GRECIA-CUERDO G.R. No. 175723  February 4, 2014 Writ of Certiorari in Tax Cases, CTA Jurisdiction, Local Tax, Tax Remedies

May 16, 2019

FACTS: Petitioner City of Manila, through its treasurer, assessed taxes against private respondents SM Mart, Inc., SM Prime Holdings, Inc., Star Appliances Center, Supervalue, Inc., Ace Hardware Philippines, Inc., Watsons Personal Care Stores Phils., Inc., Jollimart Philippines Corp., Surplus Marketing Corp. and Signature Lines. In addition to the taxes purportedly due from private respondents pursuant… Read More CITY OF MANILA vs. GRECIA-CUERDO G.R. No. 175723  February 4, 2014 Writ of Certiorari in Tax Cases, CTA Jurisdiction, Local Tax, Tax Remedies

— Constitutional Law, Remedial Law —

ESPINAS v. COA G.R. No. 198271  April 1, 2014, Separation of Powers, Rule 64, Rules of Court, Commission on Audit

May 15, 2019

FACTS: Petitioners are department managers of the Local Water Utilities Administration (LWUA), a government-owned and controlled corporation, who, together with 28 other LWUA officials, sought reimbursement of their extraordinary and miscellaneous expenses (EME). The COA, through the Supervising Auditor  (SA) assigned to the LWUA, issued Audit Observation Memorandum (AOM) No. AOM-2006-27, revealing the reimbursements  to… Read More ESPINAS v. COA G.R. No. 198271  April 1, 2014, Separation of Powers, Rule 64, Rules of Court, Commission on Audit