Category: Constitutional Law

— Constitutional Law, Criminal Law —

People v. Fabro G.R. No. 95089 August 11, 1997 Conspiracy, Treachery, Evident Premeditation, Confession, Constitutional RIghts of the Accused

April 26, 2021

FACTS: In an Information was filed charging Nicomedes Fabro, Francisco Dimalanta, Amado Alcala, William Hoge and a certain “John Doe” with the murder of Dionisio Joaquin. According to the prosecution, Dionisio Joaquin, the victim, was one of organizers of a strike by workers on the premises of the Casa Blanca.  At about 6:00 P.M. on… Read More People v. Fabro G.R. No. 95089 August 11, 1997 Conspiracy, Treachery, Evident Premeditation, Confession, Constitutional RIghts of the Accused

— Constitutional Law, Political Law —

PASEI v. Drilon G.R. No. 81958 June 30, 1988 Police Power

April 9, 2021

FACTS: Petitioner Philippine Association of Service Exporters, Inc. (PASEI), is a firm “engaged principally in the recruitment of Filipino workers, male and female, for overseas placement.”  In this petition for certiorari and prohibition, PASEI challenges the Constitutional validity of Department Order No. 1, Series of 1988, [GUIDELINES GOVERNING THE TEMPORARY SUSPENSION OF DEPLOYMENT OF FILIPINO… Read More PASEI v. Drilon G.R. No. 81958 June 30, 1988 Police Power

— Constitutional Law, Political Law —

Ateneo de Manila University v. Capulong G.R. No. 99327 May 27, 1993 Academic Freedom

April 8, 2021

FACTS: As a requisite to membership, the Aquila Legis, a fraternity organized in the Ateneo Law School, held its initiation rites on February 8, 9 and 10, 1991, for students interested in joining its ranks. As a result of such initiation rites, Leonardo “Lennie” H. Villa, a first year student of petitioner university, died of… Read More Ateneo de Manila University v. Capulong G.R. No. 99327 May 27, 1993 Academic Freedom

— Constitutional Law, Remedial Law —

Dela Cruz v. NAPOLCOM – J. Leonen G.R. No. 215545, January 07, 2019 Procedural Rules, Bill of Rights

March 22, 2021

FACTS: Sonny H. Villarias narrated that at about 8:00 p.m. of October 13, 2001, he was awakened by four (4) uniformed officers, namely: SPO4 Quirino Dela Cruz, PO1 Cantorna, and two others.  He said that SPO4 Dela Cruz poked an armalite rifle at him, and handcuffed him to the steering wheel of their patrol car. … Read More Dela Cruz v. NAPOLCOM – J. Leonen G.R. No. 215545, January 07, 2019 Procedural Rules, Bill of Rights

— Constitutional Law, Political Law —

David v. SET, Poe-Llamanzares G.R. No. 221538, September 20, 2016 – J. Leonen Foundlings, Citizenship, the Constitution

March 14, 2021

FACTS: Senator Mary Grace Poe-Llamanzares is a foundling whose biological parents are unknown. As an infant, she was abandoned at the Parish Church of Jaro, Iloilo and found by Edgardo Militar on September 3, 1968 at about 9:30 a.m. He later turned her over to Mr. and Mrs. Emiliano Militar. She was issued by the… Read More David v. SET, Poe-Llamanzares G.R. No. 221538, September 20, 2016 – J. Leonen Foundlings, Citizenship, the Constitution

— Constitutional Law, Taxation —

Henares/BIR v. ST. PAUL COLLEGE OF MAKATI G.R. No. 215383, March 08, 2017 Tax Exemption of Non-Stock, Non-Profit Educational Institutions

January 22, 2021

FACTS: Petitioner Kim Jacinto-Henares, acting in her capacity as then Commissioner of Internal Revenue (CIR), issued RMO No. 20-2013, “Prescribing the Policies and Guidelines in the Issuance of Tax Exemption Rulings to Qualified Non-Stock, Non-Profit Corporations and Associations under Sec. 30 of the NIRC, as Amended” Respondent St. Paul College of Makati (SPCM), a non-stock,… Read More Henares/BIR v. ST. PAUL COLLEGE OF MAKATI G.R. No. 215383, March 08, 2017 Tax Exemption of Non-Stock, Non-Profit Educational Institutions

— Constitutional Law, Political Law —

Reagan v. CIR G.R. No. L-26379 December 27, 1969 30 SCRA 968 Sovereignty, Principle of Aut0-Limitation, National Territory

January 15, 2021

FACTS: Petitioner William C. Reagan dispute the payment of the income tax assessed on him by respondent Commissioner of Internal Revenue on an amount realized by him on a sale of his automobile to a member of the United States Marine Corps, the transaction having taken place at the Clark Field Air Base at Pampanga.… Read More Reagan v. CIR G.R. No. L-26379 December 27, 1969 30 SCRA 968 Sovereignty, Principle of Aut0-Limitation, National Territory

— Constitutional Law, Political Law —

Caliung v. Datumanong G.R. No. 160869 May 11, 2007 Citizenship, Dual Allegiance

January 13, 2021

FACTS: Petitioner filed the instant petition 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 Act Making the Citizenship of Philippine Citizens Who Acquire Foreign Citizenship Permanent…”  Petitioner… Read More Caliung v. Datumanong G.R. No. 160869 May 11, 2007 Citizenship, Dual Allegiance

— Constitutional Law, Political Law —

DOTC v. Sps. Abecina, GR 206484, Jan 29, 2016 Eminent Domain, State Immunity from Suit

January 6, 2021

FACTS: Respondent spouses Vicente and Maria Cleofe Abecina are the registered owners of the subject five parcels of land located in Jose Panganiban, Camarines Norte.  In 1993, the DOTC and Digitel entered into several Facilities Management Agreements (FMA) for Digitel to manage, operate, maintain, and develop the Regional Telecommunications Development Project (RTDP) under the National… Read More DOTC v. Sps. Abecina, GR 206484, Jan 29, 2016 Eminent Domain, State Immunity from Suit

— Constitutional Law, Political Law —

Binamira v. Garrucho G.R. No. 92008 July 30, 1990 Appointment v. Designation

January 3, 2021

FACTS: The petitioner received the following communication addressed to him by the Minister of Tourism on April 7, 1986: MEMORANDUM TO: MR. RAMON P. BINAMIRA You are hereby designated General Manager of the Philippine Tourism Authority, effective immediately. By virtue hereof, you may qualify and enter upon the performance of the duties of the office.… Read More Binamira v. Garrucho G.R. No. 92008 July 30, 1990 Appointment v. Designation