Category: Constitutional Law

— 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

— Constitutional Law, Political Law —

Aglipay v. Ruiz G.R. No. L-45459 March 13, 1937 Principle of Separation of Church and State

July 2, 2021

FACTS: In May, 1936, the Director of Posts announced in the dailies of Manila that he would order the issues of postage stamps commemorating the celebration in the City of Manila of the Thirty-third international Eucharistic Congress, organized by the Roman Catholic Church.  Petitioner Mons. Gregorio Aglipay, Supreme Head of the Philippine Independent Church, seeks… Read More Aglipay v. Ruiz G.R. No. L-45459 March 13, 1937 Principle of Separation of Church and State

— Constitutional Law, Remedial Law —

Stonehill v. Diokno G.R. No. L-19550 June 19, 1967 Bill of Rights, Criminal Procedure

June 30, 2021

FACTS: Respondents-Prosecutors — several judges — hereinafter referred to as Respondents-Judges — issued, on different dates, a total of 42 search warrants against Harry S. Stonehill, et al., (petitioners herein and/or the corporations of which they were officers), directed to the any peace officer, to search the persons above-named and/or the premises of their offices,… Read More Stonehill v. Diokno G.R. No. L-19550 June 19, 1967 Bill of Rights, Criminal Procedure