Category: Constitutional Law

— 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.

— Constitutional Law, Remedial Law —

Garcia vs. Drilon G.R. No. 179267 June 25, 2013 Jurisdiction of Family Courts

January 29, 2018

FACTS: Rosalie Jaype-Garcia (private respondent) filed, for herself and in behalf of her minor children, a verified petition before the RTC of Bacolod City for the issuance of a Temporary Protection Order (TPO) against her husband, Jesus C. Garcia (petitioner), pursuant to R.A. 9262. She claimed to be a victim of physical abuse; emotional, psychological,… Read More Garcia vs. Drilon G.R. No. 179267 June 25, 2013 Jurisdiction of Family Courts

— Civil Law, Constitutional Law —

Republic vs. Cagandahan G.R. No. 166676 September 12, 2008

January 27, 2018

FACTS: Jennifer Cagandahan filed a Petition for Correction of Entries in Birth Certificate[In her petition, she alleged that she was born on January 13, 1981 and was registered as a female in the Certificate of Live Birth but while growing up, she developed secondary male characteristics and was diagnosed to have Congenital Adrenal Hyperplasia (CAH)… Read More Republic vs. Cagandahan G.R. No. 166676 September 12, 2008

— Constitutional Law, Political Law —

Macalintal vs. COMELEC G.R. No. 157013. July 10, 2003 Suffrage, Overseas Absentee Voting

January 27, 2018

FACTS: This is a petition for certiorari and prohibition filed by Romulo B. Macalintal, a member of the Philippine Bar, seeking a declaration that certain provisions of Republic Act No. 9189 (The Overseas Absentee Voting Act of 2003) suffer from constitutional infirmity. Claiming that he has actual and material legal interest in the subject matter… Read More Macalintal vs. COMELEC G.R. No. 157013. July 10, 2003 Suffrage, Overseas Absentee Voting

— 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

— 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