Category: Constitutional Law

— Constitutional Law, Political Law —

Long and Almeria v. Basa G.R. Nos. 134963-64 September 27, 2001 Religious Freedom, Bill of RIghts

October 17, 2021

FACTS: In 1973, a religious group known as “The Church In Quezon City (Church Assembly Hall), Incorporated” (“CHURCH”), was organized as “an entity of the brotherhood in Christ.” It was registered in the same year with the Securities and Exchange Commission (SEC) as a non-stock, non-profit religious corporation for the administration of its temporalities or… Read More Long and Almeria v. Basa G.R. Nos. 134963-64 September 27, 2001 Religious Freedom, Bill of RIghts

— Constitutional Law, Remedial Law —

Fabian v. Desierto G.R. No. 129742. September 16, 1998 The Rule-Making Power of the Supreme Court

October 14, 2021

FACTS: Petitioner Teresita G. Fabian was the major stockholder and president of PROMAT Construction Development Corporation which was engaged in the construction business. Private respondents Nestor V. Agustin was the incumbent District Engineering District when he allegedly committed the offenses for which he was administratively charged in the Office in the office of the Ombudsman.… Read More Fabian v. Desierto G.R. No. 129742. September 16, 1998 The Rule-Making Power of the Supreme Court

— Constitutional Law, Political Law —

Fuentes v. Ombudsman, G.R. No. 124295. October 23, 2001, Independence of the Judiciary , Doctrine of Separation of Powers.

October 11, 2021

FACTS: In an order dated April 5, 1994, the lower court granted Tessie Amadeos motion for the issuance of a writ of execution against the DPWH to satisfy her unpaid claim after the government won the expropriation case involving her property. Following the anomalous implementation of the writ of execution,the court sheriff was dismissed from… Read More Fuentes v. Ombudsman, G.R. No. 124295. October 23, 2001, Independence of the Judiciary , Doctrine of Separation of Powers.

— Constitutional Law, Political Law —

ABAD v. DELA CRUZ G.R. No. 207422, March 18, 2015 J. Leonen, Civil Service Commission

October 8, 2021

FACTS: Mayor Jaime R. Fresnedi appointed Herminio Dela Cruz as City Assessor of the City Government of Muntinlupa in a permanent capacity on December 28, 2006. The City Assessor is given the item of City Government Department Head III. In Resolution No. 06-361, majority of the members of the Sangguniang Panlungsod of the City Government… Read More ABAD v. DELA CRUZ G.R. No. 207422, March 18, 2015 J. Leonen, Civil Service Commission

— Constitutional Law, Remedial Law —

Cruz v. People G.R. No. 224974, July 3, 2017 J. Leonen Petition for Certiorari, Bail

October 3, 2021

FACTS: In an Information dated September 19, 2013, Marvin Cruz, along with seven (7) others, was charged with Robbery in an Uninhabited Place and by a Band for unlawfully taking four (4) sacks filled with scraps of bronze metal and a copper pipe worth ₱72,000.00 collectively. Cruz posted bail through a cash bond in the… Read More Cruz v. People G.R. No. 224974, July 3, 2017 J. Leonen Petition for Certiorari, Bail

— Constitutional Law, Political Law —

Falcis v. Civil Registrar General J. Leonen, G.R. No. 217910, September 3, 2019 Judicial Review, Facial Challenge

September 16, 2021

FACTS: Nicardo M. Falcis III filed pro se before this Court a Petition for Certiorari and Prohibition under Rule 65 of the 1997 Rules of Civil Procedure, to “declare Articles 1 and 2 of the Family Code as unconstitutional and, as a consequence, nullify Articles 46(4) and 55(6) of the Family Code.” Falcis argues that… Read More Falcis v. Civil Registrar General J. Leonen, G.R. No. 217910, September 3, 2019 Judicial Review, Facial Challenge

— Constitutional Law, Remedial Law —

Maynilad v. DENR Secretary G.R. No. 202897, August 06, 2019 Aspects of Due Process of Law

September 4, 2021

FACTS: On April 2, 2009, the Regional Office of the DENR Environmental Management Bureau-Region III (EMB-RIII) filed a complaint before the DENR’s Pollution Adjudication Board (PAB) charging MWSS and its concessionaires, Maynilad and Manila Water, with failure to provide, install, operate, and maintain adequate Wastewater Treatment Facilities (WWTFs) for sewerage system resulting in the degraded… Read More Maynilad v. DENR Secretary G.R. No. 202897, August 06, 2019 Aspects of Due Process of Law

— Constitutional Law, Remedial Law —

Mosqueda v. Pilipino Banana Growers & Exporters Association (PBGEA) G.R. No. 189185, August 16, 2016 Precautionary Principle

July 15, 2021

FACTS: After several committee hearings and consultations with various stakeholders, the Sangguniang Panlungsod of Davao City enacted Ordinance No. 0309, Series of 2007, to impose a ban against aerial spraying as an agricultural practice by all agricultural entities within Davao City. City Mayor Rodrigo Duterte approved the ordinance on February 9, 2007. The ordinance took… Read More Mosqueda v. Pilipino Banana Growers & Exporters Association (PBGEA) G.R. No. 189185, August 16, 2016 Precautionary Principle

— Constitutional Law —

Mosqueda v. Pilipino Banana Growers and Exporters Association, Inc. (PBGEA) Local Government Code, Police Power, General Welfare Clause, Ultra Vires Act

July 7, 2021

FACTS: After several committee hearings and consultations with various stakeholders, the Sangguniang Panlungsod of Davao City enacted Ordinance No. 0309, Series of 2007, to impose a ban against aerial spraying as an agricultural practice by all agricultural entities within Davao City. City Mayor Rodrigo Duterte approved the ordinance on February 9, 2007. The ordinance took… Read More Mosqueda v. Pilipino Banana Growers and Exporters Association, Inc. (PBGEA) Local Government Code, Police Power, General Welfare Clause, Ultra Vires Act

— Constitutional Law, Political Law, Remedial Law —

People v. Marra G.R. No. 108494 September 20, 1994 Custodial Investigation, Rights of the Accused, Extrajudicial Confession, Murder

July 5, 2021

FACTS: At about 3:45 A.M. of March 7, 1992, SPO3 Reynaldo de Vera of the Dagupan City Police Station received a report about a shooting incident at the annex building of the Lucky Hotel. He proceeded to the crime scene along with SPO4 Orlando Garcia, SPO3 Mauricio Flores and SPO3 Noli de Castro. Upon their… Read More People v. Marra G.R. No. 108494 September 20, 1994 Custodial Investigation, Rights of the Accused, Extrajudicial Confession, Murder