Category: Constitutional Law

— Constitutional Law, International Law, Political Law —

Saguisag v. Exec Secretary Ochoa July 26, 2016 G.R. No. 212426 EDCA, Treaty, Executive Agreement, International Agreement

August 22, 2018

FACTS: This is a Resolution on the Motion for Reconsideration seeking to reverse the Decision of this Court in Saguisag et. al., v. Executive Secretary dated 12 January 2016. Petitioners claim this Court erred when it ruled that the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the US was not a treaty. In… Read More Saguisag v. Exec Secretary Ochoa July 26, 2016 G.R. No. 212426 EDCA, Treaty, Executive Agreement, International Agreement

— Constitutional Law, Political Law —

Ocampo v. Enriquez G.R. No. 225973, November 08, 2016 Actual Case or Controversy, Locus Standi, Hierarchy of Courts, Doctrine of Exhaustion of Administrative Remedies, with former C.J. Sereno’s Dissenting Opinion

August 20, 2018

FACTS: Public respondent Secretary of National Defense Delfin N. Lorenzana issued a Memorandum to the public respondent Chief of Staff of the AFP, General Ricardo R. Visaya, regarding the interment of Marcos at the Libingan Ng Mga Bayani (LNMB) in reference to the Verbal Order of President Duterte. Respondent AFP Rear Admiral Ernesto C. Enriquez issued… Read More Ocampo v. Enriquez G.R. No. 225973, November 08, 2016 Actual Case or Controversy, Locus Standi, Hierarchy of Courts, Doctrine of Exhaustion of Administrative Remedies, with former C.J. Sereno’s Dissenting Opinion

— Constitutional Law, Political Law —

Civil Service Commission v. Cortes G.R. No. 200103 April 23, 2014 Nepotism, Powers and Duties of Public Officers

August 17, 2018

FACTS: Commission En Banc of the Commission on Human Rights (CHR) issued a Resolution approving the appointment to the position of Information Officer V (IO V) of respondent Maricelle M. Cortes. Commissioner Eligio P. Mallari, father of respondent Cortes, abstained from voting and requested the CHR to render an opinion on the legality of the… Read More Civil Service Commission v. Cortes G.R. No. 200103 April 23, 2014 Nepotism, Powers and Duties of Public Officers

— Constitutional Law, Political Law —

Flores v. Drilon G.R. No. 104732 June 22, 1993 Eligibility and Qualifications, Law on Public Officers

August 17, 2018

FACTS: Respondent Mayor Richard J. Gordon of Olongapo City was appointed Chairman and Chief Executive Officer of the Subic Bay Metropolitan Authority (SBMA). Petitioners, who claim to be taxpayers, employees of the U.S. Facility at the Subic, Zambales, and officers and members of the Filipino Civilian Employees Association in U.S. Facilities in the Philippines, challenge… Read More Flores v. Drilon G.R. No. 104732 June 22, 1993 Eligibility and Qualifications, Law on Public Officers

— Constitutional Law, Political Law —

Laurel v. Desierto G.R. No. 145368 April 12, 2002 Law on Public Officers, R. A. 3019

August 16, 2018

In 1998, a committee was created to take charge of the nationwide preparations for the National Celebration of the Philippine Centennial of the Declaration of Philippine Independence. President Ramos issued E.O. No. 128, “reconstituting the Committee and renamed the Committee as the “National Centennial Commission.” Appointed to chair the reconstituted Commission was Vice-President Salvador H.… Read More Laurel v. Desierto G.R. No. 145368 April 12, 2002 Law on Public Officers, R. A. 3019

— Constitutional Law —

VALMONTE vs. DE VILLA G.R. No. 83988 September 29, 1989 Right against Searches and/or Seizures

July 5, 2018

FACTS: As part of the duty to maintain peace and order, the National Capital Region District Command (NCRDC) installed checkpoints in various parts of Valenzuela, Metro Manila. Petitioners aver that, because of the installation of said checkpoints, the residents of Valenzuela are worried of being harassed and of their safety being placed at the arbitrary,… Read More VALMONTE vs. DE VILLA G.R. No. 83988 September 29, 1989 Right against Searches and/or Seizures

— Constitutional Law, Remedial Law —

CORTES vs. OFFICE OF THE OMBUDSMAN G.R. Nos. 187896-97 June 10, 2013 Remedies- Office of the Omudsman

July 2, 2018

FACTS:   Petitioner charged respondents with violation of Section 3(c) of Republic Act No. 3019. or the Anti-Graft and Corrupt Practices Act. and Misconduct. Petitioner alleged that during the period of 29 March 2006 to 1 April 2006, respondents utilized a heavy equipment grader owned by the Province of Aklan in levelling a portion of… Read More CORTES vs. OFFICE OF THE OMBUDSMAN G.R. Nos. 187896-97 June 10, 2013 Remedies- Office of the Omudsman

— Constitutional Law, Remedial Law —

VILLANUEVA vs. PEOPLE G.R. No. 199042  November 17, 2014 Warrantless Arrests

June 4, 2018

A waiver of an illegal arrest  is not a waiver of an illegal search. FACTS: Petitioner Danilo Villanueva was charged with violation of Section 11, Article II of Republic Act (R.A.) No. 9165 or The Comprehensive Dangerous Drugs Act of 2002. A Complaint was filed by Brian Resco against Danilo Villanueva for allegedly shooting the… Read More VILLANUEVA vs. PEOPLE G.R. No. 199042  November 17, 2014 Warrantless Arrests

— Constitutional Law, Criminal Law —

Malana vs. People G.R. No. 173612 March 26, 2008 Equipoise Rule

May 2, 2018

  FACTS: The petitioners Dominador and Rodel, together with their acquitted co-accused Elenito, were charged with the crime of murder and multiple frustrated murder before the RTC. The charges stemmed from an incident that left Betty dead, and her daughter Suzette and granddaughter injured. The appellants pleaded not guilty during the arraignment. Vicente, the husband… Read More Malana vs. People G.R. No. 173612 March 26, 2008 Equipoise Rule

— Civil Law, Constitutional Law, Political Law —

Taruc vs. Bishop Dela Cruz G.R. No. 144801. March 10, 2005 Separation of Church and State.

April 11, 2018

FACTS: Petitioners were lay members of the Philippine Independent Church (PIC) in Socorro, Surigao del Norte. Respondents Porfirio de la Cruz and Rustom Florano were the bishop and parish priest, respectively, of the same church in that locality. Petitioners, led by Dominador Taruc, clamored for the transfer of Fr. Florano to another parish but Bishop… Read More Taruc vs. Bishop Dela Cruz G.R. No. 144801. March 10, 2005 Separation of Church and State.