Category: Constitutional Law

— Constitutional Law, Political Law —

Mayor Fernando v. St. Scholastica’s College, GR 16107, May 12, 2013 Police Power, Substantive Due Process, Local Government Code

December 22, 2020

FACTS: Respondent St. Scholastica’s College (SSC) is the owner of four (4) parcels of land measuring a total of 56,306.80 sqms. located in Marikina Heights, located within the property are St. Scholastica’s Academy-Marikina. The property is enclosed by a tall concrete perimeter fence built some thirty (30) years ago. Abutting the fence along the West… Read More Mayor Fernando v. St. Scholastica’s College, GR 16107, May 12, 2013 Police Power, Substantive Due Process, Local Government Code

— Constitutional Law, Political Law —

Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

December 16, 2020

FACTS: Petitioner Senator Blas Ople prays that Administrative Order No. 308 of the Office of the President, entitled “Adoption of a National Computerized Identification Reference System” be declared unconstitutional on two grounds, viz:  It is a usurpation of the power of Congress to legislate, and  It impermissibly intrudes on our citizenry’s protected zone of privacy.… Read More Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

— Constitutional Law —

Sps. Yusay v. CA G.R. No. 156684 April 6, 2011 Power of Eminent Domain, Ordinance v. Resolution

December 14, 2020

FACTS: The petitioners owned a parcel of land with an area of 1,044 sqm. in Barangay Mauway, Mandaluyong City.  Half of their land they used as their residence, and the rest they rented out to nine other families. Allegedly, the land was their only property and only source of income. On October 2, 1997, the… Read More Sps. Yusay v. CA G.R. No. 156684 April 6, 2011 Power of Eminent Domain, Ordinance v. Resolution

— Constitutional Law, Remedial Law —

People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

December 8, 2020

FACTS: Rosalinda Dy was shot at point blank range by private respondent Jonathan Cerbo in the presence and at the office of his father, private respondent Billy Cerbo.  The 3rd Municipal Circuit Trial Court of Nabunturan-Mawab, Davao, after a preliminary investigation, found “sufficient ground to engender a well-founded belief” that the crime of murder has… Read More People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

— Constitutional Law, Political Law —

Pormento v. Estrada G.R. No. 191988 August 31, 2010 Executive Branch, Judicial Power, Moot and Academic Case

November 25, 2020

FACTS: Private respondent was elected President of the Republic of the Philippines in the general elections held on May 11, 1998. He sought the presidency again in the general elections held on May 10, 2010.  Petitioner Atty. Evillo C. Pormento opposed private respondent’s candidacy and filed a petition for disqualification. However, his petition was denied… Read More Pormento v. Estrada G.R. No. 191988 August 31, 2010 Executive Branch, Judicial Power, Moot and Academic Case

— Constitutional Law, Criminal Law —

David v. Agbay G.R. No. 199113 March 18, 2015 Citizenship, Falsification of Public Documents under Art. 172 of the RPC

November 19, 2020

FACTS: In 1974, petitioner Renato M. David migrated to Canada and became a Canadian citizen by naturalization. Upon their retirement, petitioner and his wife returned to the Philippines.  Sometime in 2000, they purchased a 600-square meter lot along the beach in Oriental Mindoro where they constructed a residential house.  Later, they came to know that… Read More David v. Agbay G.R. No. 199113 March 18, 2015 Citizenship, Falsification of Public Documents under Art. 172 of the RPC

— Constitutional Law, Political Law —

Biraogo v. Philippine Truth Commission G.R. No. 192935 December 7, 2010 Executive Department

November 8, 2020

FACTS: At the dawn of his administration, President Benigno Simeon Aquino III, on July 30, 2010, signed Executive Order No. 1 establishing the Philippine Truth Commission of 2010 (Truth Commission). Petitioner Louis Biraogo, in his capacity as a citizen and taxpayer, assails EO No. 1 for being violative of the legislative power of Congress under… Read More Biraogo v. Philippine Truth Commission G.R. No. 192935 December 7, 2010 Executive Department

— Constitutional Law, Political Law —

MACEDA v. VASQUEZ, ET AL. GR No. 102781 April 22, 1993 Supreme Court Administrative Supervision over all courts and court personnel

November 3, 2020

FACTS: In his affidavit-complaint filed before the Office of the Ombudsman, respondent Napoleon A. Abiera of the Public Attorney’s Office alleged that petitioner Bonifacio Sanz Maceda, Presiding Judge of Branch 12 RTC Antique, had falsified his Certificate of Service dated February 6, 1989, by certifying “that all civil and criminal cases which have been submitted… Read More MACEDA v. VASQUEZ, ET AL. GR No. 102781 April 22, 1993 Supreme Court Administrative Supervision over all courts and court personnel

— Constitutional Law, Political Law —

Nicolas-Lewis v. COMELEC G.R. No. 162759 August 4, 2006 Suffrage, Dual Citizenship, R.A. 9225, R.A. 9189

October 31, 2020

FACTS: Petitioners are successful applicants for recognition of Philippine citizenship under R.A. 9225 which accords to such applicants the right of suffrage, among others.  Petitioners sought registration and certification as “overseas absentee voter” but were advised by the Philippine Embassy in the United States that, per a COMELEC letter to the DFA dated September 23,… Read More Nicolas-Lewis v. COMELEC G.R. No. 162759 August 4, 2006 Suffrage, Dual Citizenship, R.A. 9225, R.A. 9189