Category: Constitutional Law

— Constitutional Law, Political Law —

QUINTO and TOLENTINO, JR., vs. COMELEC G.R. No. 189698 December 1, 2009 Equal Protection Clause, Appointed Officials

November 23, 2017

FACTS:   Before the Court is a petition for prohibition and certiorari, with prayer for the issuance of a temporary restraining order and a writ of preliminary injunction, assailing Section 4(a) of Resolution No. 8678 of the Commission on Elections (COMELEC). They contend that the COMELEC gravely abused its discretion when it issued the assailed… Read More QUINTO and TOLENTINO, JR., vs. COMELEC G.R. No. 189698 December 1, 2009 Equal Protection Clause, Appointed Officials

— Constitutional Law, Political Law —

HARRY L. ROQUE, JR, et. al. vs COMELEC G.R. 188456 September 10, 2009 Poll Automation Law

November 23, 2017

FACTS: In this petition for certiorari, prohibition and mandamus with prayer for a restraining order and/or preliminary injunction, petitioners H. Harry L. Roque, Jr., et al., suing as taxpayers and concerned citizens, seek to nullify respondent Comelec’s award of the 2010 Elections Automation Project (automation project) to the joint venture of Total Information Management Corporation… Read More HARRY L. ROQUE, JR, et. al. vs COMELEC G.R. 188456 September 10, 2009 Poll Automation Law

— Constitutional Law —

PEOPLE OF THE PHILIPPINES vs. ARMANDO GALLARDO y GANDER et. al. G.R. No. 113684 January 25, 2000 Independent and Competent Counsel

November 17, 2017

  FACTS: On July 28, 1991, the lifeless body of Edmundo Orizal was found in the rest house of Ronnie Balao. The victim was found to have sustained seven (7) gunshot wounds in the chest, abdomen, back, left and right thighs, and two (2) grazing wounds on the left arm and back. Investigation by the… Read More PEOPLE OF THE PHILIPPINES vs. ARMANDO GALLARDO y GANDER et. al. G.R. No. 113684 January 25, 2000 Independent and Competent Counsel

— Constitutional Law, Remedial Law —

People vs. Plaza G.R. No 176933 Oct. 2, 2009 Right to Bail

November 16, 2017

  FACTS: Raising only questions of law, the People’s petition for review on certiorari assails the Decision of the CA which affirmed the Order of the RTC fixing bail for the temporary liberty of Luis Bucalon Plaza who was indicted for Murder. The defense contended that in view of Judge Buyser’s ruling that the prosecution… Read More People vs. Plaza G.R. No 176933 Oct. 2, 2009 Right to Bail

— Constitutional Law —

Ong vs Sandiganbayan G.R. No. 126858 Sept. 16, 2005 Presumption of Innocence, Forfeiture Proceedings

November 16, 2017

FACTS: Congressman Bonifacio H. Gillego executed a Complaint-Affidavit, claiming that petitioner Jose U. Ong, then Commissioner of the BIR, has amassed properties worth disproportionately more than his lawful income. Ong submitted an explanation and analysis of fund sourcing, reporting his net worth covering the calendar years 1989 to 1991 and showing his sources and uses… Read More Ong vs Sandiganbayan G.R. No. 126858 Sept. 16, 2005 Presumption of Innocence, Forfeiture Proceedings

— Constitutional Law —

Lozano vs. Nograles G.R. No. 187883 June 16, 2009 Judiciary, Locus Standi, Judicial Review

November 10, 2017

FACTS:  The two petitions, filed by their respective petitioners in their capacities as concerned citizens and taxpayers, prayed for the nullification of House Resolution No. 1109 entitled “A Resolution Calling upon the Members of Congress to Convene for the Purpose of Considering Proposals to Amend or Revise the Constitution, Upon a Three-fourths Vote of All… Read More Lozano vs. Nograles G.R. No. 187883 June 16, 2009 Judiciary, Locus Standi, Judicial Review

— Constitutional Law —

VELARDE vs. SOCIAL JUSTICE SOCIETY G.R. No. 159357. April 28, 2004 Judiciary, Justiciable Controversy, Grave Abuse of Discretion

November 10, 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. SOCIAL JUSTICE SOCIETY G.R. No. 159357. April 28, 2004 Judiciary, Justiciable Controversy, Grave Abuse of Discretion

— Constitutional Law —

Government of Hong Kong SAR vs. Judge Olalia GR 153675 April 19, 2007 Extradition

November 10, 2017

  FACTS: The Republic of the Philippines and the then British Crown Colony of Hong Kong signed an “Agreement for the Surrender of Accused and Convicted Persons” that took effect on June 20, 1997. Private respondent Muñoz was charged before the Hong Kong Court with three (3) counts of the offense of “accepting an advantage… Read More Government of Hong Kong SAR vs. Judge Olalia GR 153675 April 19, 2007 Extradition

— Civil Law, Constitutional Law —

Matthews vs. Taylor G.R. No. 164584 June 22, 2009

November 9, 2017

FACTS: On June 30, 1988, Benjamin Taylor (Benjamin), a British subject, married Joselyn Taylor , a 17-year old Filipina.  On June 9, 1989, while their marriage was subsisting, Joselyn bought a 1,294 square-meter lot in Boracay, for and in consideration of P129,000.00.  The sale was allegedly financed by Benjamin.  They constructed improvements thereon and eventually… Read More Matthews vs. Taylor G.R. No. 164584 June 22, 2009