Category: Constitutional Law

— Constitutional Law —

A.M. No. 08-11-7-SC RE: REQUEST OF NATIONAL COMMITTEE ON LEGAL AID TO EXEMPT LEGAL AID CLIENTS FROM PAYING FILING, DOCKET AND OTHER FEES

November 6, 2017

FACTS: On September 23, 2008 the Misamis Oriental Chapter of the Integrated Bar of the Philippines (IBP) promulgated Resolution No. 24, series of 2008. The resolution requested the IBP’s National Committee on Legal Aid (NCLA) to ask for the exemption from the payment of filing, docket and other fees of clients of the legal aid… Read More A.M. No. 08-11-7-SC RE: REQUEST OF NATIONAL COMMITTEE ON LEGAL AID TO EXEMPT LEGAL AID CLIENTS FROM PAYING FILING, DOCKET AND OTHER FEES

— Constitutional Law —

A. M. No. 09-6-9-SC RE: Query of Mr. Prioreschi Re Exemption from Legal and Filing Fees of the Good Shepherd Foundation, Inc.

November 6, 2017

FACTS: In his letter dated May 22, 2009 addressed to the Chief Justice, Mr. Roger C. Prioreschi, administrator of the Good Shepherd Foundation, Inc., wrote that it be granted the same exemption from paying docket fees as that of poor litigants. ISSUE: Should an incorporated foundation (serving indigent litigants) be exempted from paying docket fees?… Read More A. M. No. 09-6-9-SC RE: Query of Mr. Prioreschi Re Exemption from Legal and Filing Fees of the Good Shepherd Foundation, Inc.

— Constitutional Law, Taxation —

SMART vs. CITY OF DAVAO G.R. No. 155491 September 16, 2008 Franchise Tax, Tax Exemption, “in lieu of all taxes” Clause

November 3, 2017

  FACTS: On February 18, 2002, Smart filed a special civil action for declaratory relief for the ascertainment of its rights and obligations under the Tax Code of the City of Davao, which imposes a franchise tax on businesses enjoying a franchise within the territorial jurisdiction of Davao. Smart avers that its telecenter in Davao City… Read More SMART vs. CITY OF DAVAO G.R. No. 155491 September 16, 2008 Franchise Tax, Tax Exemption, “in lieu of all taxes” Clause

— Constitutional Law, Remedial Law —

TAN vs. REPUBLIC G.R. No. 170740 May 25, 2007 Expropriation, Taking, Power of Eminent Domain

November 3, 2017

  FACTS: Petitioner is the registered owner of a parcel of land located in Pulang Lupa, Las Piñas City. She acquired this property from the San Antonio Development Corporation (SADC) as shown by a document whereby she assumed SADC’s “obligation of paying all imposable taxes due said land.” In consideration of such assumption and “for… Read More TAN vs. REPUBLIC G.R. No. 170740 May 25, 2007 Expropriation, Taking, Power of Eminent Domain

— Civil Law, Constitutional Law —

MASIKIP vs PASIG G.R. No. 136349 January 23, 2006 Power of Eminent Domain, Expropriation, Genuine Necessity

November 3, 2017

   FACTS: Petitioner Lourdes Dela Paz Masikip is the registered owner of a parcel of land located at Pag-Asa, Caniogan, Pasig City, Metro Manila. The City of Pasig notified petitioner of its intention to expropriate a 1,500 square meter portion of her property to be used for the “sports development and recreational activities” of the… Read More MASIKIP vs PASIG G.R. No. 136349 January 23, 2006 Power of Eminent Domain, Expropriation, Genuine Necessity

— Constitutional Law —

SMI DEVELOPMENT CORPORATION vs. REPUBLIC G.R. No. 137537 January 28, 2000 Power of Eminent Domain

November 3, 2017

FACTS: 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 parcels of land belonging to said corporation which are adjacent to the premises of the hospital. The plaintiff filed an Ex-Parte Motion… Read More SMI DEVELOPMENT CORPORATION vs. REPUBLIC G.R. No. 137537 January 28, 2000 Power of Eminent Domain

— Civil Law, Constitutional Law —

Laxamana vs Laxamana GR 144763, September 3,2002Art. XV of the 1987 Constitution, The Family

November 2, 2017

  FACTS: Everything went well for the family until petitioner bacame drug dependent. He was confined and he undergone psychological treatments. However, respondent claimed petitioner was not fully rehabilitated. His drug dependence worsened and it became difficult for respondent and her children to live with him being violent and irritable. Respondent and her 3 children… Read More Laxamana vs Laxamana GR 144763, September 3,2002Art. XV of the 1987 Constitution, The Family

— Constitutional Law —

Montemayor vs. Araneta G.R. No. L-44251 May 31, 1977 77 SCRA 321 Academic Freedom

November 2, 2017

   FACTS: Petitioner was a professor at the Araneta University Foundation.  On 7/8/74, he was found guilty  of making homosexual advances on one Leonardo De Lara by a faculty investigating committee.  On 11/8/74, another committee was appointed to investigate another charge of a similar nature against petitioner.  Petitioner, through counsel, asked for the postponement of… Read More Montemayor vs. Araneta G.R. No. L-44251 May 31, 1977 77 SCRA 321 Academic Freedom

— Constitutional Law —

BAYAN VS ERMITA G.R. No. 169838 April 25, 2006 “Moot and Academic” Principle

October 30, 2017

 FACTS: Rallies or the right to peaceably assemble to express freedom of expression, to petition for redress of grievances hounding the government which was co-organized by various mass based groups, and as Bayan and KMU sometime in September 26 and October 4-6 2005 has been violently preempted and and forcibly dispersed causing injuries by police… Read More BAYAN VS ERMITA G.R. No. 169838 April 25, 2006 “Moot and Academic” Principle

— Constitutional Law —

ESTRADA vs. SANDIGANBAYAN G.R. No. 159486-88. November 25, 2003 Partisan Political Activities

October 30, 2017

  FACTS: Atty. Alan F. Paguia, speaking for petitioner, Joseph Ejercito Estrada claims of political partisanship against the members of the Court, asserting that the justices have violated Rule 5.10 of the Code of Judicial Conduct which prohibits justices or judges from participating in any partisan political activity by attending the ‘EDSA 2 Rally’ and… Read More ESTRADA vs. SANDIGANBAYAN G.R. No. 159486-88. November 25, 2003 Partisan Political Activities