Category: Constitutional Law

— Constitutional Law, Election Law —

Santos v. COMELEC G.R. No. 235058 and G.R. NO. 235064 September 04, 2018 Nuisance Candidate, Election Law, COMELEC

June 15, 2021

FACTS: Respondent Jennifer Antiquera Roxas filed a certificate of candidacy (COC) for the position of member of the Sangguniang Panlungsod for the First District of Pasay City for the May 9, 2016 National and Local Elections. Subsequently, she filed a petition for disqualification against Rosalie Isles Roxas before the COMELEC praying that the latter be… Read More Santos v. COMELEC G.R. No. 235058 and G.R. NO. 235064 September 04, 2018 Nuisance Candidate, Election Law, COMELEC

— Constitutional Law, Political Law —

ARROYO v. DE LIMA, G.R. No. 199046, April 17, 2018 The Right to Travel

June 10, 2021

FACTS: On May 25, 2010, then Acting DOJ Secretary Alberto C. Agra issued the assailed DOJ Circular No. 41, which consolidated DOJ Circular Nos. 17 and 18. DOJ Circular No. 17 prescribes the rules and regulations governing the issuance of Hold Departure Orders (HDOs), while DOJ Circular No. 18 prescribes the rules and regulations governing… Read More ARROYO v. DE LIMA, G.R. No. 199046, April 17, 2018 The Right to Travel

— Constitutional Law —

Estrada v. Sandiganbayan G.R. No. 217682, July 17, 2018 Ex Post Facto Law, Bill of Rights

June 7, 2021

FACTS: On September 11, 2013, Benhur K. Luy, Merlina P. Sunas, Gertrudes K. Luy, Nova Kay Badal Macalintal, Elena S. Abundo and Avelina C. Lingo (whistleblowers) executed their Pinagsamang Sinumpaang Salaysay in which they revealed the details of the Pork Barrel Scam that involved the misuse or illegal diversion by certain legislators of their allocations… Read More Estrada v. Sandiganbayan G.R. No. 217682, July 17, 2018 Ex Post Facto Law, Bill of Rights

— Constitutional Law, Political Law —

Career Executive Service Board v. Commission on Audit G.R. No. 212348 June 19, 2018 Legislative Department, Appropriation and Re-alignment, COA

June 4, 2021

FACTS:  Petitioner CESB granted to its officials and employees various monetary benefits in CY 2002 and CY 2003 pursuant to Section 2, Article V of the Collective Negotiation Agreement it had entered into with the Samahan ng Kawaning Nagkakaisasa Diwa, Gawa at Nilalayon (SANDIGAN), a duly accredited organization of its employees. Upon post-audit, respondent the… Read More Career Executive Service Board v. Commission on Audit G.R. No. 212348 June 19, 2018 Legislative Department, Appropriation and Re-alignment, COA

— Constitutional Law, Political Law —

Balag v. Senate G.R. No. 234608 July 03, 2018 Power of Contempt of the Senate during Inquiries in Aid of Legislation

May 30, 2021

FACTS: On September 17, 2017, Horacio Castillo III,a first year law student of the UST, died allegedly due to hazing conducted by the Aegis Juris Fraternity. On September 19, 2017, SR No. 504,was filed by Senator Zubiri condemning the death of Horacio III and directing the appropriate Senate Committee to conduct an investigation, in aid… Read More Balag v. Senate G.R. No. 234608 July 03, 2018 Power of Contempt of the Senate during Inquiries in Aid of Legislation

— Constitutional Law, Criminal Law, Political Law —

Ty-Delgado v. HRET G.R. 219603 January 26, 2016 Libel, Malice, Moral Turpitude, Grave Abuse of Discretion, Election Code

May 25, 2021

FACTS: Philip A. Pichay was convicted by final judgment of four counts of libel. In lieu of imprisonment, he was sentenced to pay a fine in the amount of P6,000.00 for each count of libel and 1 Million Pesos as moral damages. This Decision became final and executory on 1 June 2009.  On 9 October… Read More Ty-Delgado v. HRET G.R. 219603 January 26, 2016 Libel, Malice, Moral Turpitude, Grave Abuse of Discretion, Election Code

— Constitutional Law, Political Law, Remedial Law —

SJS v. Atienza G.R. No. 156052, February 13, 2008 Police Power, Lawful Subject Lawful Method, Local Ordinances, Judicial Notice

May 14, 2021

FACTS: Petitioners Social Justice Society (SJS), et al., in an original petition for mandamus under Rule 65, sought to compel respondent Hon. Jose L. Atienza, Jr., then mayor of the City of Manila, to enforce Ordinance No. 8027. This ordinance was enacted by the Sangguniang Panlungsod of Manila on November 20, 2001, approved by respondent… Read More SJS v. Atienza G.R. No. 156052, February 13, 2008 Police Power, Lawful Subject Lawful Method, Local Ordinances, Judicial Notice

— Constitutional Law, Political Law —

Liang (Huefeng) v. People G.R. No. 125865 January 28, 2000 Immunity from Suit

April 30, 2021

FACTS: Petitioner is an economist working with the Asian Development Bank (ADB).  Sometime in 1994, for allegedly uttering defamatory words against fellow ADB worker Joyce Cabal, he was charged before the MeTC with two counts of grave oral defamation.  Petitioner was arrested by virtue of a warrant issued by the MeTC. After fixing petitioner’s bail,… Read More Liang (Huefeng) v. People G.R. No. 125865 January 28, 2000 Immunity from Suit

— Constitutional Law, Criminal Law —

People v. Fabro G.R. No. 95089 August 11, 1997 Conspiracy, Treachery, Evident Premeditation, Confession, Constitutional RIghts of the Accused

April 26, 2021

FACTS: In an Information was filed charging Nicomedes Fabro, Francisco Dimalanta, Amado Alcala, William Hoge and a certain “John Doe” with the murder of Dionisio Joaquin. According to the prosecution, Dionisio Joaquin, the victim, was one of organizers of a strike by workers on the premises of the Casa Blanca.  At about 6:00 P.M. on… Read More People v. Fabro G.R. No. 95089 August 11, 1997 Conspiracy, Treachery, Evident Premeditation, Confession, Constitutional RIghts of the Accused

— Constitutional Law, Political Law —

PASEI v. Drilon G.R. No. 81958 June 30, 1988 Police Power

April 9, 2021

FACTS: Petitioner Philippine Association of Service Exporters, Inc. (PASEI), is a firm “engaged principally in the recruitment of Filipino workers, male and female, for overseas placement.”  In this petition for certiorari and prohibition, PASEI challenges the Constitutional validity of Department Order No. 1, Series of 1988, [GUIDELINES GOVERNING THE TEMPORARY SUSPENSION OF DEPLOYMENT OF FILIPINO… Read More PASEI v. Drilon G.R. No. 81958 June 30, 1988 Police Power