Category: Constitutional Law

— Constitutional Law, Labor Law —

Serrano vs. Gallant Maritime Services G.R. No. 167614 March 24, 2009 Non-impairment of Contract Clause, OFW Employment Contract

December 4, 2017

FACTS: For Antonio Serrano, a Filipino seafarer, the last clause in the 5th paragraph of Section 10, Republic Act (R.A.) No. 8042, does not magnify the contributions of OFWs to national development, but exacerbates the hardships borne by them by unduly limiting their entitlement in case of illegal dismissal to their lump-sum salary either for… Read More Serrano vs. Gallant Maritime Services G.R. No. 167614 March 24, 2009 Non-impairment of Contract Clause, OFW Employment Contract

— Constitutional Law —

ABS-CBN vs. COMELEC GR No. 133486, January 28, 2000 Moot and Academic Principle

December 1, 2017

FACTS: Before us is a Petition for Certiorari under Rule 65 of the Rules of Court assailing COMELEC en banc Resolution No. 98-1419 dated April 21, 1998. In the said Resolution, the poll body “RESOLVED to approve the issuance of a restraining order to stop ABS-CBN or any other groups, its agents or representatives from… Read More ABS-CBN vs. COMELEC GR No. 133486, January 28, 2000 Moot and Academic Principle

— Constitutional Law —

Velarde vs. SJS G.R. No. 159357 April 28, 2004 Form of Decision

December 1, 2017

FACTS: SJS, a registered political party, sought the interpretation of several constitutional provisions, specifically on the separation of church and state; and a declaratory judgment on the constitutionality of the acts of religious leaders endorsing a candidate for an elective office, or urging or requiring the members of their flock to vote for a specified… Read More Velarde vs. SJS G.R. No. 159357 April 28, 2004 Form of Decision

— Civil Law, Constitutional Law —

BPI vs. SEC G.R. No. 164641 December 20, 2007 Dacion en Pago, Non Impairment of Contracts

December 1, 2017

 FACTS: The Bank of the Philippine Islands (BPI), through its predecessor-in- interest, Far East Bank and Trust Company (FEBTC), extended credit accommodations to the ASB Group with an outstanding aggregate principal amount of P86,800,000.00, secured by a real estate mortgage over two (2) properties located in Greenhills, San Juan. On 2 May 2000, the ASB… Read More BPI vs. SEC G.R. No. 164641 December 20, 2007 Dacion en Pago, Non Impairment of Contracts

— Constitutional Law —

Tan vs. Republic G.R. No. 170740, 25 May 2007,523 SCRA 203 Eminent Domain

November 28, 2017

FACTS: Petitioner is the registered owner of a parcel of land. She acquired this property from the San Antonio Development Corporation (SADC). Prior to the transfer of the property to petitioner by SADC, PEA wrote SADC requesting permission to enter the latter’s property, for the purpose of constructing thereon the southern abutment of the Zapote… Read More Tan vs. Republic G.R. No. 170740, 25 May 2007,523 SCRA 203 Eminent Domain

— Constitutional Law —

Manapat vs. CA G.R. No. 110478 October 15, 2007 Eminent Domain

November 28, 2017

FACTS: Sometime in the 1960’s, RCAM allowed a number of individuals to occupy the Grace Park property on condition that they would vacate the premises should the former push through with the plan to construct a school in the area. The plan, however, did not materialize, thus, the occupants offered to purchase the portions they… Read More Manapat vs. CA G.R. No. 110478 October 15, 2007 Eminent Domain

— Constitutional Law —

SMI Development Corporation vs. Republic G.R. No. 137537. January 28, 2000 Eminent Domain

November 28, 2017

FACTS: On September 20, 1996, the Republic of the Philippines represented by the Department of Health thru the National Children’s Hospital filed a complaint for Eminent Domain against SMI Development Corporation for the purpose of expropriating three (3) parcels of land with a total area of 1,158 sq. m. (the properties) belonging to said corporation… Read More SMI Development Corporation vs. Republic G.R. No. 137537. January 28, 2000 Eminent Domain

— Constitutional Law, Political Law —

Lagcao vs. Labra G.R. No. 155746 October 13, 2004 Eminent Domain

November 28, 2017

FACTS: After acquiring title, petitioners tried to take possession of the lot only to discover that it was already occupied by squatters. Thus a demolition order was issued. However, when the demolition order was about to be implemented, Cebu City Mayor Alvin Garcia wrote two letters] to the MTCC, requesting the deferment of the demolition… Read More Lagcao vs. Labra G.R. No. 155746 October 13, 2004 Eminent Domain

— Bar Q & A, Constitutional Law, Political Law —

Political Law Bar Questions & Suggested Answers by the UP Law Center (1990-2005)

November 28, 2017

Jurisdiction over the GOCCs (2003) No VII – A corporation, a holder of a certificate of registration issued by the Securities and Exchange Commission, is owned and controlled by the Republic of the Philippines. The Civil Service Commission (CSC), in a memorandum-order, directs the corporation to comply with Civil Service Rules in the appointment of… Read More Political Law Bar Questions & Suggested Answers by the UP Law Center (1990-2005)

— Constitutional Law, Political Law —

NICOLAS-LEWIS vs. COMELEC G.R. No. 162759 August 4, 2006 Dual Citizenship Law

November 24, 2017

FACTS: In this petition for certiorari and mandamus, petitioners, referring to themselves as “duals” or dual citizens, pray that they and others who retained or reacquired Philippine citizenship under RA 9225, the Citizenship Retention and Re‑Acquisition Act of 2003, be allowed to avail themselves of the mechanism provided under the Overseas Absentee Voting Act of… Read More NICOLAS-LEWIS vs. COMELEC G.R. No. 162759 August 4, 2006 Dual Citizenship Law