FACTS: These cases have been consolidated because they all involve the doctrine of state immunity. The United States of America was not impleaded in the complaints below but has moved to dismiss on the ground that they are in effect suits against it to which it has not consented. It is now contesting the denial… Read More US v. ELIODORO B. GUINTO GR No. 76607, February 26, 1990 Doctrine of State Immunity, “the Royal Prerogative of Dishonesty”

FACTS: In 1978, then President Ferdinand Marcos issued Proc. No. 1716 reserving for Municipal Government Center Site Purposes certain parcels of land of the public domain located in San Juan, Metro Manila. In 1986, President Corazon Aquino took the reigns of power under a revolutionary government. On March 24, 1986, she issued her historic Proclamation… Read More Municipality of San Juan v. CA G.R. No. 125183 September 29, 1997 Presumption of Validity of a Law

FACTS: The petitioner alleges that President Gloria Macapagal-Arroyo appointed Agra as the Acting Secretary of Justice, and also designated Agra as the Acting Solicitor General in a concurrent capacity. Petitioner, in his capacity as a taxpayer, a concerned citizen and a lawyer, commenced this suit to challenge the constitutionality of Agra’s concurrent appointments or designations,… Read More Funa v. Agra G.R. No. 191644 February 19, 2013

FACTS: Petitioner Senator Blas Ople prays that Administrative Order No. 308 entitled “Adoption of a National Computerized Identification Reference System” be declared unconstitutional on two grounds, viz:  It is a usurpation of the power of Congress to legislate, and  It impermissibly intrudes on our citizenry’s protected zone of privacy. A.O. No. 308 was published in… Read More Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

Excerpts from the January-June 2018 Decisions of the Supreme Court  Compiled by  CARLO L. CRUZ  State Immunity  Estoppel does not also lie against the government or any of its agencies arising from unauthorized or illegal acts of public officers. Hence, we cannot hold petitioners estopped from invoking their immunity from suit on account of having… Read More NOTES ON POLITICAL LAW

Compiled by  CARLO L. CRUZ Excerpts from the January-June 2018 Decisions of the Supreme Court Police Power … while the authority of city mayors to issue or grant licenses and business permits is granted by the Local Government Code (LGC), which also vests local government units with corporate powers, one of which is the power… Read More NOTES ON THE BILL OF RIGHTS and CITIZENSHIP