Category: Constitutional Law

— Constitutional Law, Political Law —

Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

April 2, 2019

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

— Constitutional Law —

OMBUDSMAN Carpio-Morales v. CA and Jejomar Binay G.R. Nos. 217126-27, November 10, 2015 Doctrine of Condonation Abandoned

April 1, 2019

FACTS: A complaint/affidavit was filed before the Office of the Ombudsman against Binay, Jr. and other public officers and employees of the City Government of Makati (Binay, Jr., et al), accusing them of Plunder and violation of RA 3019, otherwise known as “The Anti-Graft and Corrupt Practices Act,” in connection with the five phases of… Read More OMBUDSMAN Carpio-Morales v. CA and Jejomar Binay G.R. Nos. 217126-27, November 10, 2015 Doctrine of Condonation Abandoned

— Constitutional Law, Remedial Law —

CAGANG v. SANDIGANBAYAN   G.R. Nos. 206438 and 206458, July 31, 2018 Inordinate Delay, Right to speedy disposition of Cases

March 25, 2019

FACTS: Both Petitions question the Sandiganbayan’s denial to quash the Informations and Order of Arrest against Cagang despite the Office of the Ombudsman’s alleged inordinate delay in the termination of the preliminary investigation. In February 10, 2003, Office of the Ombudsman received an anonymous complaint alleging the graft and corruption at the Vice Governor’s Office,… Read More CAGANG v. SANDIGANBAYAN   G.R. Nos. 206438 and 206458, July 31, 2018 Inordinate Delay, Right to speedy disposition of Cases

— Constitutional Law —

TESDA v. COA G.R. No. 196418, February 10, 2015 Commission on Audit, Separation of Powers, General Appropriations Act

February 10, 2019

FACTS: TESDA, an instrumentality of the Government established under R. A. No. 7796, is an attached agency of the DOLE. In 2003, the DOLE Secretary issued AO No. 430, authorizing the payment of healthcare maintenance allowance of P5,000.00 to all officials and employees of the DOLE, including its bureaus and attached agencies. Upon post-audit, COA… Read More TESDA v. COA G.R. No. 196418, February 10, 2015 Commission on Audit, Separation of Powers, General Appropriations Act

— Constitutional Law —

Local Government Code/ Public Corporation Law Case Digests

January 17, 2019

SAMSON v. AGUIRRE G.R. No. 133076 September 22, 1999   FACTS: RA 8535 was signed into law creating the City of Novaliches out of 15 barangays of Quezon City. Petitioner Moises Samson, incumbent councilor of the first district of Quezon City, challenged the constitutionality of Republic Act No. 8535 and sought to enjoin its implementation,… Read More Local Government Code/ Public Corporation Law Case Digests

— Constitutional Law, Criminal Law —

SCHNECKENBURGER v. MORAN G.R. No. L-44896 July 31, 1936 Jurisdiction

November 28, 2018

FACTS: The petitioner, an honorary consul of Uruguay in the Philippines, was charged with the crime of falsification of a private document before the CFI of Manila. He objected to the jurisdiction of the court on the ground that both under the Constitution of the United States and the Constitution of the Philippines the court… Read More SCHNECKENBURGER v. MORAN G.R. No. L-44896 July 31, 1936 Jurisdiction

— Constitutional Law, Political Law, Remedial Law —

Mijares v. Ranada G.R. NO. 139325, April 12, 2005 Recognition of Foreign Judgments

September 3, 2018

FACTS: Ten Filipino citizens who each alleged having suffered human rights abuses such as arbitrary detention, torture and rape in the hands of police or military forces during the Marcos regime, filed with the US District Court, Hawaii, against the Estate Ferdinand E. Marcos. Trial ensued, and subsequently a jury rendered a Final Judgment and… Read More Mijares v. Ranada G.R. NO. 139325, April 12, 2005 Recognition of Foreign Judgments

— Constitutional Law, International Law, Political Law —

Saguisag v. Exec Secretary Ochoa July 26, 2016 G.R. No. 212426 EDCA, Treaty, Executive Agreement, International Agreement

August 22, 2018

FACTS: This is a Resolution on the Motion for Reconsideration seeking to reverse the Decision of this Court in Saguisag et. al., v. Executive Secretary dated 12 January 2016. Petitioners claim this Court erred when it ruled that the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the US was not a treaty. In… Read More Saguisag v. Exec Secretary Ochoa July 26, 2016 G.R. No. 212426 EDCA, Treaty, Executive Agreement, International Agreement

— Constitutional Law, Political Law —

Ocampo v. Enriquez G.R. No. 225973, November 08, 2016 Actual Case or Controversy, Locus Standi, Hierarchy of Courts, Doctrine of Exhaustion of Administrative Remedies, with former C.J. Sereno’s Dissenting Opinion

August 20, 2018

FACTS: Public respondent Secretary of National Defense Delfin N. Lorenzana issued a Memorandum to the public respondent Chief of Staff of the AFP, General Ricardo R. Visaya, regarding the interment of Marcos at the Libingan Ng Mga Bayani (LNMB) in reference to the Verbal Order of President Duterte. Respondent AFP Rear Admiral Ernesto C. Enriquez issued… Read More Ocampo v. Enriquez G.R. No. 225973, November 08, 2016 Actual Case or Controversy, Locus Standi, Hierarchy of Courts, Doctrine of Exhaustion of Administrative Remedies, with former C.J. Sereno’s Dissenting Opinion