Constitutional Law, Political Law

Lansang v. CA G.R. No. 102667 February 23, 2000 The Doctrine of State Immunity from Suit

FACTS: Private respondents were allegedly awarded a “verbal contract of lease” in 1970 by the National Parks Development Committee (NPDC), a government initiated civic body engaged in the development of national parks, including Rizal Park.  Whoever in NPDC gave such “verbal” accommodation to private respondents was unclear, for indeed no document or instrument appears on… Read More Lansang v. CA G.R. No. 102667 February 23, 2000 The Doctrine of State Immunity from Suit

Constitutional Law, Political Law, Remedial Law

RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

FACTS: On June 13, 2002, the Government of the Philippines, acting through the DOE, entered into a Geophysical Survey and Exploration Contract-I 02 (GSEC-102) with Japan Petroleum Exploration Co., Ltd. (JAPEX). This contract involved geological and geophysical studies of the Tañon Strait. The studies included surface geology, sample analysis, and reprocessing of seismic and magnetic… Read More RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

Political Law

GIOS-SAMAR, INC., v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS and CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, G.R. No. 217158, March 12, 2019 Transcendental Importance Doctrine

Case digest by: MA. VICTORIA O. HORA Nature: Petition for Prohibition STATEMENT OF THE CASE: Petitioner Gios-Samar, Inc., represented by its Chairperson Gerardo M. Malinao (Petitioner) filed before the Supreme Court a Petition for Prohibition (Petition) invoking the Doctrine of Transcendental Importance of the issue, assailing the constitutionality of the bundling of the Projects by… Read More GIOS-SAMAR, INC., v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS and CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, G.R. No. 217158, March 12, 2019 Transcendental Importance Doctrine

Constitutional Law, Political Law

Kulayan v. Tan G.R. No. 187298 July 03, 2012 Emergency Powers of the President

FACTS: On 15 January 2009, three members from the International Committee of the Red Cross (ICRC) were purportedly inspecting a water and sanitation project for the Sulu Provincial Jail when they were seized by three armed men who were later confirmed to be members of the Abu Sayyaf Group (ASG).  On 21 January 2009, a… Read More Kulayan v. Tan G.R. No. 187298 July 03, 2012 Emergency Powers of the President

Constitutional Law, Political Law

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

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, Political Law

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

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

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, Political Law

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

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, Political Law, Remedial Law

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

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

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