Category: Constitutional Law

— Constitutional Law, Election Law, Political Law —

Pamatong v. COMELEC G.R. No. 161872, April 13, 2004 The “Equal Access” Provision, Nuisance Candidate, Declaration of Principles and State Policies

December 20, 2023

FACTS: Petitioner Rev. Elly Velez Pamatong filed his Certificate of Candidacy for President on December 17, 2003.  Respondent Commission on Elections (COMELEC) refused to give due course to petitioner’s Certificate of Candidacy in its Resolution No. 6558 dated January 17, 2004.  Petitioner moved for reconsideration. The COMELEC, acting on petitioner’s Motion for Reconsideration and on… Read More Pamatong v. COMELEC G.R. No. 161872, April 13, 2004 The “Equal Access” Provision, Nuisance Candidate, Declaration of Principles and State Policies

— Constitutional Law, Criminal Law —

People v. Perez G.R. No. L-21049 December 22, 1923 Sedition, Freedom of Speech

September 6, 2023

FACTS: Isaac Perez, the municipal secretary of Pilar, Sorsogon, and Fortunato Lodovice, a citizen of that municipality met and engaged in a discussion regarding the administration of Governor-General Wood, an executive official of the Philippines appointed by the President of the United States.  In the said discussion, Perez shouted a number of times: “The Filipinos,… Read More People v. Perez G.R. No. L-21049 December 22, 1923 Sedition, Freedom of Speech

— Constitutional Law, Criminal Law —

US v. Bustos G.R. No. L-12592, March 8, 1918 Libel, Freedom of Speech and Press and of Assembly

May 13, 2023

FACTS: In the latter part of 1915, numerous citizens of the Province of Pampanga assembled, and prepared and signed a petition to the Executive Secretary, charging Roman Punsalan, justice of the peace of Macabebe and Masantol, Pampanga, with malfeasance in office and asking for his removal.  The petition was signed by thirty-four (34) citizens apparently… Read More US v. Bustos G.R. No. L-12592, March 8, 1918 Libel, Freedom of Speech and Press and of Assembly

— Constitutional Law, Taxation —

SAINT WEALTH LTD. v. BIR G.R. No. 252965 December 07, 2021, POGO Rules and Regulations, Franchise Tax  

March 15, 2023

FACTS: From 2016, the Philippines began regulating online gaming hubs, specifically the Philippine Offshore Gaming Operators (POGOs).  The PAGCOR issued POGO Rules and Regulations defining offshore gaming as “the offering by a licensee of PAGCOR authorized online games of chance via the internet using a network and software or program, exclusively to offshore authorized players… Read More SAINT WEALTH LTD. v. BIR G.R. No. 252965 December 07, 2021, POGO Rules and Regulations, Franchise Tax  

— Constitutional Law, Political Law —

IN RE: PETITION OF ARTURO EFREN GARCIA for admission to the Philippine Bar without taking the examination August 15, 1961 

February 13, 2023

FACTS: Arturo E. Garcia has applied for admission to the practice of law in the Philippines without submitting to the required bar examinations. In his verified petition, he avers, among others, that he is a Filipino citizen born in Bacolod City, Province of Negros Occidental, of Filipino parentage; that he had taken and finished in… Read More IN RE: PETITION OF ARTURO EFREN GARCIA for admission to the Philippine Bar without taking the examination August 15, 1961 

— Constitutional Law, Political Law —

PILIPINO TELEPHONE CORPORATION (PILTEL) v. NATIONAL TELECOMMUNICATIONS COMMISSION G.R. No. 138295, August 28, 2003 Franchise to Operate a Public Utility

February 3, 2023

FACTS: On 20 March 1995, the National Telecommunications Commission (NTC) issued PILTEL a Provisional Authority (PA) to install, operate and maintain telephone exchanges and public calling offices in areas including Zamboanga del Norte, and Davao City, among others. On 21 June 1996, while PILTEL’s PA was still valid and subsisting, the International Communications Corporation (ICC)… Read More PILIPINO TELEPHONE CORPORATION (PILTEL) v. NATIONAL TELECOMMUNICATIONS COMMISSION G.R. No. 138295, August 28, 2003 Franchise to Operate a Public Utility

— Constitutional Law, Remedial Law —

EPZA v. DULAY G.R. No. L-59603, April 29, 1987 Expropriation, Just Compensation

February 1, 2023

FACTS: On January 15, 1979, the President issued Proclamation No. 1811, reserving a certain parcel of land of the public domain situated in the Lapu-Lapu City, Mactan, Cebu and covering a total area of 1,193,669 square meters, more or less, for the establishment of an export processing zone by petitioner Export Processing Zone Authority (EPZA).… Read More EPZA v. DULAY G.R. No. L-59603, April 29, 1987 Expropriation, Just Compensation

— Constitutional Law, Remedial Law —

Kilusang Mayo Uno (KMU) v. Benigno Aquino II G.R. No. 210500, April 2, 2019 Power of Judicial Review, Exhaustion of Administrative Remedies, Petition for Certiorari, Actual Case or Controversy

November 2, 2022

FACTS: Kilusang Mayo Uno, together with representatives from recognized labor centers, labor federations, party-list groups, and Social Security System members, filed the instant Petition for Certiorari and Prohibition against government officials and agencies involved, praying that a temporary restraining order and/or writ of preliminary injunction be issued to annul the Social Security System premium hike embodied in the… Read More Kilusang Mayo Uno (KMU) v. Benigno Aquino II G.R. No. 210500, April 2, 2019 Power of Judicial Review, Exhaustion of Administrative Remedies, Petition for Certiorari, Actual Case or Controversy

— Appeals, Constitutional Law, Criminal Law, Remedial Law —

Mandagan v. JMV CORPORATION  G.R. No. 215118 June 19, 2019 J. Caguioa B.P. 22, Acquittal, Right of the accused against double jeopardy

October 24, 2022

FACTS:  JOSE M. VALERO CORPORATION (JMV) agreed to grant an accommodation in favor of Maria Nympha Mandagan by allowing her to use its corporate name and account for a car loan intended for her personal use. The accommodation was extended to Mandagan when she still enjoyed the good graces of company director, Mrs. Rosie V.… Read More Mandagan v. JMV CORPORATION  G.R. No. 215118 June 19, 2019 J. Caguioa B.P. 22, Acquittal, Right of the accused against double jeopardy

— Constitutional Law, Political Law —

Valles v. COMELEC G.R. No. 137000 August 9, 2000 The principle of Jus Sanguinis

July 16, 2022

FACTS: Rosalind Ybasco Lopez was born on May 16, 1934 in Napier Terrace, Broome, Western Australia, to the spouses, Telesforo Ybasco, a Filipino citizen, and Theresa Marquez, an Australian. In 1949, at the age of fifteen, she left Australia and came to settle in the Philippines. In 1952, she was married to Leopoldo Lopez, a… Read More Valles v. COMELEC G.R. No. 137000 August 9, 2000 The principle of Jus Sanguinis