Category: Political Law

— Constitutional Law, Political Law —

Risos-Vidal v. COMELEC G.R. No. 206666 January 21, 2015 Executive Department, Pardoning Power of the President

October 29, 2020

FACTS: On September 12, 2007, the Sandiganbayan convicted former President Estrada for the crime of plunder, and sentenced him to suffer the penalty of Reclusion Perpetua and the accessory penalties of civil interdiction during the period of sentence and perpetual absolute disqualification. On October 25, 2007, however, former President Gloria Macapagal Arroyo extended executive clemency,… Read More Risos-Vidal v. COMELEC G.R. No. 206666 January 21, 2015 Executive Department, Pardoning Power of the President

— Constitutional Law, Political Law —

Osmena v. Pendatun G.R. No. L-17144 October 28, 1960 Parliamentary Doctrine of Separation of Powers, Power of the Legislature to discipline its Members for Disorderly Behavior

October 6, 2020

FACTS: Congressman Sergio Osmeña, Jr., in a privilege speech delivered before the House, made the serious imputations of bribery against the President.  A special committee, composed of Congressman Salapida K. Pendatun and fourteen other congressmen, was created by virtue of House Resolution No. 59, to investigate the truth of the charges against the President. Osmeña… Read More Osmena v. Pendatun G.R. No. L-17144 October 28, 1960 Parliamentary Doctrine of Separation of Powers, Power of the Legislature to discipline its Members for Disorderly Behavior

— Constitutional Law, Political Law —

Salonga v. Cruz-Pano G.R. No. L-59524 February 18, 1985 Symbolic Function of the Supreme Court

September 21, 2020

FACTS: A rash of bombings occurred in the Metro Manila area in the months of August, September and October of 1980. On September 6, 1980, an explosion in his room at the YMCA building in Manila led to the arrest of the injured Victor Burns Lovely, Jr., an American citizen.  Found in Lovely’s possession were… Read More Salonga v. Cruz-Pano G.R. No. L-59524 February 18, 1985 Symbolic Function of the Supreme Court

— Constitutional Law, Political Law —

Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Constitutionality

September 14, 2020

Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Locus Standi, Constitutionality PINAY JURIST  FACTS: The instant petition for certiorari assails the constitutionality and validity of certain memoranda, circulars and/or orders of the Department of Transportation and Communications (DOTC) and the Land Transportation Franchising and Regulatory Board… Read More Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Constitutionality

— Constitutional Law, Political Law —

City of General Santos v. COA J. Leonen G.R. No. 199439 April 22, 2014 Local Autonomy, Devolution of Power, Local Government Code

September 9, 2020

FACTS: The City of General Santos enacted Ordinance No. 08, series of 2009 entitled An Ordinance Establishing the GenSan Scheme on Early Retirement for Valued Employees Security (GenSan SERVES), which was designed “to entice those employees who were unproductive due to health reasons to avail of the incentives being offered therein by way of early… Read More City of General Santos v. COA J. Leonen G.R. No. 199439 April 22, 2014 Local Autonomy, Devolution of Power, Local Government Code

— Constitutional Law, Political Law —

PHARMACEUTICAL AND HEALTH CARE v. DUQUE G.R. No. 173034 October 9, 2007 Transformation v. Incorporation of International Law

September 7, 2020

FACTS: On October 28, 1986, President Corazon Aquino issued E. O. No. 51 (Milk Code) which states that the law seeks to give effect to Article 112 of the International Code of Marketing of Breastmilk Substitutes (ICMBS), a code adopted by the World Health Assembly (WHA), to the effect that breastfeeding should be supported, promoted… Read More PHARMACEUTICAL AND HEALTH CARE v. DUQUE G.R. No. 173034 October 9, 2007 Transformation v. Incorporation of International Law

— Constitutional Law, Political Law —

MUNICIPALITY OF PARAÑAQUE v. V.M. REALTY CORPORATION G.R. No. 127820 July 20, 1998 Expropriation Proceedings, Ordinance v. Resolution, Local Government Code

September 6, 2020

FACTS:  Pursuant to Sangguniang Bayan Resolution No. 93-95, Series of 1993,  the Municipality of Parañaque filed a Complaint for expropriation  against Private Respondent V.M. Realty over two parcels of land allegedly ”for the purpose of alleviating the living conditions of the underprivileged by providing homes for the homeless through a socialized housing project.”   Petitioner, pursuant… Read More MUNICIPALITY OF PARAÑAQUE v. V.M. REALTY CORPORATION G.R. No. 127820 July 20, 1998 Expropriation Proceedings, Ordinance v. Resolution, Local Government Code

— Constitutional Law, Political Law —

Dumlao v. COMELEC G.R. No. L-52245 January 22, 1980 Equal Protection of the Laws

September 4, 2020

FACTS: Petitioner Patricio Dumlao questions the constitutionality of section 4 of Batas Pambansa Blg. 52 as discriminatory and contrary to the equal protection and due process guarantees of the Constitution. Said Section 4 provides: Sec. 4. Special Disqualification in addition to violation of section 10 of Art. XI I-C of the Constitution and disqualification mentioned… Read More Dumlao v. COMELEC G.R. No. L-52245 January 22, 1980 Equal Protection of the Laws

— Constitutional Law, Political Law —

EMINENT DOMAIN: 17 Recent Rulings & 3 Bar Q & A’s

August 20, 2020

No private property shall be taken for public use without just compensation; ideally, just compensation should be immediately paid to the property owner so that he may derive income from this compensation, in the same manner that he would have derived income from his property; if full compensation is not paid, the State must make… Read More EMINENT DOMAIN: 17 Recent Rulings & 3 Bar Q & A’s

— Political Law, Remedial Law —

CREBA v. ERC G.R. No. 174697 July 8, 2010 Rule 65, Legal Standing, Transcendental Issue

August 17, 2020

FACTS: Petitioner Chamber of Real Estate and Builders’ Association, Inc. (CREBA) is a non-stock, non-profit corporation, with almost 4,500 members, comprising of developers, brokers, appraisers, contractors, manufacturers, suppliers, engineers, architects, and other persons or entities engaged in the housing and real estate business. The ERC is a quasi-judicial and quasi-legislative regulatory body, as an administrative… Read More CREBA v. ERC G.R. No. 174697 July 8, 2010 Rule 65, Legal Standing, Transcendental Issue