ARTICLE XVII SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention. SECTION 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least… Read More Amendments or Revisions of the Constitution: Cases and Bar Q & A
FACTS: Fernando Caballero & his wife secured a loan from petitioner GSIS and executed a real estate mortgage of a parcel of land registered under his name. Fernando defaulted on the payment of his loan, hence, the subject property was foreclosed, and the same was sold at a public auction where the petitioner was the… Read More GSIS v. HEIRS OF CABALLERO G.R. Nos. 158090 October 4, 2010 Compulsory vs. Permissive Counterclaim, Fiscal Autonomy of the Judiciary, Legislative Exemption from Payment of Docket Fees of GSIS
FACTS: In the September 17, 1935 election, Jose A. Angara, and respondents Pedro Ynsua, et al., were candidates for the position of Member of the National Assembly for the first district of the Province of Tayabas. The provincial board of canvassers proclaimed the petitioner as member-elect of the National Assembly for the said district, for… Read More ANGARA v. THE ELECTORAL COMMISSION GR No. 45081, Jul 15, 1936 Doctrine of Separation of Powers, Judicial Review,the System of Checks and Balances
FACTS: Respondents are among the eight children of the late Sps. Gacias, whose riceland and other agricultural lands were placed under the government’s Operation Land Transfer (OLT) Program, pursuant to PD 27 (Tenants Emancipation Decree, as amended). Prior to the effectivity of PD 27, Sps. Gacias executed individual deeds of sale in favor of their… Read More DAR v. BERIÑA G.R. No. 183901 July 9, 2014 J. Perlas-Bernabe Just Compensation, Expropriation
FACTS: President Benigno Aquino III signed into law RA 10367. Essentially, RA 10367 mandates the COMELEC to implement a mandatory biometrics registration system for new voters, and directs that “[r]egistered voters whose biometrics have not been captured shall submit themselves for validation.” “Voters who fail to submit for validation on or before the last day… Read More KABATAAN PARTY-LIST v. COMELEC Suffrage, Biometrics Law; Constitutionality, Strict Scrutiny
FACTS: This is a special civil action for certiorari which seeks to annul and set aside the Resolutions by public respondent Sandiganbayan for allegedly having been issued without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction, and to reinstate the six Informations for Violation of… Read More PEOPLE v. SANDIGANBAYAN G.R. No. 199151-56 July 25, 2016 Rule 45 v. Rule 65, Inordinate Delay, Right to Speedy Disposition of Cases
FACTS: Petitioner City of Manila, through its treasurer, assessed taxes against private respondents SM Mart, Inc., SM Prime Holdings, Inc., Star Appliances Center, Supervalue, Inc., Ace Hardware Philippines, Inc., Watsons Personal Care Stores Phils., Inc., Jollimart Philippines Corp., Surplus Marketing Corp. and Signature Lines. In addition to the taxes purportedly due from private respondents pursuant… Read More CITY OF MANILA vs. GRECIA-CUERDO G.R. No. 175723 February 4, 2014 Writ of Certiorari in Tax Cases, CTA Jurisdiction, Local Tax, Tax Remedies
FACTS: Petitioners are department managers of the Local Water Utilities Administration (LWUA), a government-owned and controlled corporation, who, together with 28 other LWUA officials, sought reimbursement of their extraordinary and miscellaneous expenses (EME). The COA, through the Supervising Auditor (SA) assigned to the LWUA, issued Audit Observation Memorandum (AOM) No. AOM-2006-27, revealing the reimbursements to… Read More ESPINAS v. COA G.R. No. 198271 April 1, 2014, Separation of Powers, Rule 64, Rules of Court, Commission on Audit
Suits should as much as possible be decided on the merits and not on technicalities. In this regard, we have often admonished courts to be liberal as default judgments are frowned upon and not looked upon with favor for they may amount to a positive and considerable injustice to petitioner and the possibility of such… Read More TAN vs. DUMARPA G.R. No. 138777 September 22, 2004 Petition for Certiorari under Rule 65, TAN vs. DUMARPA G.R. No. 138777 September 22, 2004 Petition for Certiorari under Rule 65, Judgment by Default, Substantial Justice
FACTS: Petitioner Jason Ivler was charged before the MeTC, with two separate offenses: (1) Reckless Imprudence Resulting in Slight Physical Injuries (Criminal Case No. 82367) for injuries sustained by Evangeline Ponce; and (2) Reckless Imprudence Resulting in Homicide and Damage to Property (Criminal Case No. 82366) for the death of Ponce’s husband Nestor and damage… Read More JASON IVLER v. MODESTO-SAN PEDRO G.R. No. 172716 November 17, 2010, Double Jeorpardy, Reckless Imprudence