Category: Constitutional Law

— Constitutional Law, Criminal Law —

Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

May 25, 2022

FACTS: Pascasio Duropan and Raymond Nixer Coloma were Barangay Kagawad and Barangay Tanod, respectively, of Lincod, Maribojoc, Bohol. On March 7, 2009 at 11:30 a.m., Duropan, Coloma, and another barangay official saw William Pacis, et al harvesting nipa palm in a plantation. Coloma approached them and asked who gave them authority to harvest. Pacis replied… Read More Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

— Constitutional Law, Political Law —

Lansang v. CA G.R. No. 102667 February 23, 2000 The Doctrine of State Immunity from Suit

April 4, 2022

FACTS: Private respondents were allegedly awarded a “verbal contract of lease” in 1970 by the National Parks Development Committee (NPDC), a government initiated civic body engaged in the development of national parks, including Rizal Park.  Whoever in NPDC gave such “verbal” accommodation to private respondents was unclear, for indeed no document or instrument appears on… Read More Lansang v. CA G.R. No. 102667 February 23, 2000 The Doctrine of State Immunity from Suit

— Constitutional Law, Political Law, Remedial Law —

RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

February 22, 2022

FACTS: On June 13, 2002, the Government of the Philippines, acting through the DOE, entered into a Geophysical Survey and Exploration Contract-I 02 (GSEC-102) with Japan Petroleum Exploration Co., Ltd. (JAPEX). This contract involved geological and geophysical studies of the Tañon Strait. The studies included surface geology, sample analysis, and reprocessing of seismic and magnetic… Read More RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

— Constitutional Law, Remedial Law —

People v. Alicando G.R. No. 117487 December 12, 1995 Plea of Guilt, Searching Inquiry, Death Penalty, Procedural Due Process

November 16, 2021

FACTS: Arnel Alicando was charged with the crime of rape with homicide  for having carnal knowledge with Khazie Mae Penecilla, a four year old. The victim suffered asphyxia by strangulation, fractured cervical vertebra and lacerations of the vaginal and rectal openings causing profuse hemorrhages and other injuries which are necessarily fatal and which were the… Read More People v. Alicando G.R. No. 117487 December 12, 1995 Plea of Guilt, Searching Inquiry, Death Penalty, Procedural Due Process

— Constitutional Law, Remedial Law —

People v. Gesmundo G.R. No. 89373. March 9, 1993 Rights of the Accused, Search Warrant

November 9, 2021

FACTS: On November 17, 1986, police officer Jose Luciano gave money and instructed his civilian informer to buy marijuana from the accused Yolanda Gesmundo. Luciano saw the accused selling marijuana to his civilian informer by the door outside the house of the accused. Immediately thereafter, that same day Luciano applied for a search warrant. Later… Read More People v. Gesmundo G.R. No. 89373. March 9, 1993 Rights of the Accused, Search Warrant

— Constitutional Law, Remedial Law —

People v. Racho G.R. No. 186529, August 3, 2010 Admissibility of Evidence, Constitutional Rights of the Accused, Warrantless Search and Seizure

October 30, 2021

FACTS: On May 19, 2003, a confidential agent of the police transacted through cellular phone with appellant for the purchase of shabu. The agent later reported the transaction to the police authorities who immediately formed a team composed of member of the Philippine Drug Enforcement Agency (PDEA), the Intelligence group of the Philippine Army and… Read More People v. Racho G.R. No. 186529, August 3, 2010 Admissibility of Evidence, Constitutional Rights of the Accused, Warrantless Search and Seizure

— Constitutional Law, Criminal Law —

Brocka v. Enrile G.R. No. 69863-65, December 10, 1990 Criminal Prosecution, Constitutional Rights of the Accused

October 21, 2021

FACTS: Petitioners Lino Brocka,  et al. were arrested on January 28, 1985, following the forcible and violent dispersal of a demonstration held in sympathy with the jeepney strike called by the Alliance of Concerned Transport Organization (ACTO) pursuant to the Preventive Detention Action (PDA) issued by then President Ferdinand E. Marcos. Thereafter, they were charged… Read More Brocka v. Enrile G.R. No. 69863-65, December 10, 1990 Criminal Prosecution, Constitutional Rights of the Accused

— Constitutional Law, Political Law —

Kulayan v. Tan G.R. No. 187298 July 03, 2012 Emergency Powers of the President

October 19, 2021

FACTS: On 15 January 2009, three members from the International Committee of the Red Cross (ICRC) were purportedly inspecting a water and sanitation project for the Sulu Provincial Jail when they were seized by three armed men who were later confirmed to be members of the Abu Sayyaf Group (ASG).  On 21 January 2009, a… Read More Kulayan v. Tan G.R. No. 187298 July 03, 2012 Emergency Powers of the President

— Constitutional Law, Political Law —

Long and Almeria v. Basa G.R. Nos. 134963-64 September 27, 2001 Religious Freedom, Bill of RIghts

October 17, 2021

FACTS: In 1973, a religious group known as “The Church In Quezon City (Church Assembly Hall), Incorporated” (“CHURCH”), was organized as “an entity of the brotherhood in Christ.” It was registered in the same year with the Securities and Exchange Commission (SEC) as a non-stock, non-profit religious corporation for the administration of its temporalities or… Read More Long and Almeria v. Basa G.R. Nos. 134963-64 September 27, 2001 Religious Freedom, Bill of RIghts

— Constitutional Law, Remedial Law —

Fabian v. Desierto G.R. No. 129742. September 16, 1998 The Rule-Making Power of the Supreme Court

October 14, 2021

FACTS: Petitioner Teresita G. Fabian was the major stockholder and president of PROMAT Construction Development Corporation which was engaged in the construction business. Private respondents Nestor V. Agustin was the incumbent District Engineering District when he allegedly committed the offenses for which he was administratively charged in the Office in the office of the Ombudsman.… Read More Fabian v. Desierto G.R. No. 129742. September 16, 1998 The Rule-Making Power of the Supreme Court