Category: Constitutional Law

— Constitutional Law, Political Law —

ABANG LINGKOD v. COMELEC G.R. No. 206952 October 22, 2013 Party-list System

October 30, 2020

FACTS: Petitioner is a sectoral organization that represents the interests of peasant farmers and fisherfolks, and was registered under the party-list system.  It participated in the May 2010 elections, but failed to obtain the number of votes needed for a seat in the House of Representatives. On May 31, 2012, ABANG LINGKOD manifested before the… Read More ABANG LINGKOD v. COMELEC G.R. No. 206952 October 22, 2013 Party-list System

— Constitutional Law, Political Law —

Risos-Vidal v. COMELEC G.R. No. 206666 January 21, 2015 Executive Department, Pardoning Power of the President

October 29, 2020

FACTS: On September 12, 2007, the Sandiganbayan convicted former President Estrada for the crime of plunder, and sentenced him to suffer the penalty of Reclusion Perpetua and the accessory penalties of civil interdiction during the period of sentence and perpetual absolute disqualification. On October 25, 2007, however, former President Gloria Macapagal Arroyo extended executive clemency,… Read More Risos-Vidal v. COMELEC G.R. No. 206666 January 21, 2015 Executive Department, Pardoning Power of the President

— Constitutional Law —

Pobre v. Defensor-Santiago A.C. No. 7399 August 25, 2009 Parliamentary Immunity, Privileged Speech, Legislative Department

October 27, 2020

FACTS: In his sworn letter/complaint, Antero J. Pobre invites the Court’s attention to the following excerpts of Senator Miriam Defensor-Santiago’s speech delivered on the Senate floor: x x x I am not angry. I am irate. I am foaming in the mouth. I am homicidal. I am suicidal. I am humiliated, debased, degraded. And I… Read More Pobre v. Defensor-Santiago A.C. No. 7399 August 25, 2009 Parliamentary Immunity, Privileged Speech, Legislative Department

— Constitutional Law —

Mamiscal v. Abdullah A.M. No. SCC-13-18-J July 1, 2015 (Formerly A.M. OCA IPI No. 11-36-SCC) Jurisdiction of the Supreme Court

October 27, 2020

FACTS: In a fit of anger, Baguan M. Mamiscal  decided to divorce his wife Adelaidah, by repudiating her. The repudiation was embodied in an agreement (kapasadan) signed by Mamiscal and Adelaidah. A few days later, during the obligatory period of waiting (‘iddah), Mamiscal had a change of heart and decided to make peace with his… Read More Mamiscal v. Abdullah A.M. No. SCC-13-18-J July 1, 2015 (Formerly A.M. OCA IPI No. 11-36-SCC) Jurisdiction of the Supreme Court

— Constitutional Law —

Republic v. Chule Lim G.R. No. 153883 January 13, 2004 Citizenship , Correction of Entries Rule 108 Rules of Court

October 26, 2020

FACTS: Respondent Chule Y. Lim filed a petition for correction of entries under Rule 108 of the Rules of Court with the RTC.  In her petition, respondent claimed that she was born on October 29, 1954 in Buru-an, Iligan City. Her birth was registered in Kauswagan, Lanao del Norte but the Municipal Civil Registrar of… Read More Republic v. Chule Lim G.R. No. 153883 January 13, 2004 Citizenship , Correction of Entries Rule 108 Rules of Court

— Constitutional Law, Political Law —

Osmena v. Pendatun G.R. No. L-17144 October 28, 1960 Parliamentary Doctrine of Separation of Powers, Power of the Legislature to discipline its Members for Disorderly Behavior

October 6, 2020

FACTS: Congressman Sergio Osmeña, Jr., in a privilege speech delivered before the House, made the serious imputations of bribery against the President.  A special committee, composed of Congressman Salapida K. Pendatun and fourteen other congressmen, was created by virtue of House Resolution No. 59, to investigate the truth of the charges against the President. Osmeña… Read More Osmena v. Pendatun G.R. No. L-17144 October 28, 1960 Parliamentary Doctrine of Separation of Powers, Power of the Legislature to discipline its Members for Disorderly Behavior

— Constitutional Law, Political Law —

Salonga v. Cruz-Pano G.R. No. L-59524 February 18, 1985 Symbolic Function of the Supreme Court

September 21, 2020

FACTS: A rash of bombings occurred in the Metro Manila area in the months of August, September and October of 1980. On September 6, 1980, an explosion in his room at the YMCA building in Manila led to the arrest of the injured Victor Burns Lovely, Jr., an American citizen.  Found in Lovely’s possession were… Read More Salonga v. Cruz-Pano G.R. No. L-59524 February 18, 1985 Symbolic Function of the Supreme Court

— Constitutional Law, Political Law —

Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Constitutionality

September 14, 2020

Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Locus Standi, Constitutionality PINAY JURIST  FACTS: The instant petition for certiorari assails the constitutionality and validity of certain memoranda, circulars and/or orders of the Department of Transportation and Communications (DOTC) and the Land Transportation Franchising and Regulatory Board… Read More Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Constitutionality

— Constitutional Law, Political Law —

City of General Santos v. COA J. Leonen G.R. No. 199439 April 22, 2014 Local Autonomy, Devolution of Power, Local Government Code

September 9, 2020

FACTS: The City of General Santos enacted Ordinance No. 08, series of 2009 entitled An Ordinance Establishing the GenSan Scheme on Early Retirement for Valued Employees Security (GenSan SERVES), which was designed “to entice those employees who were unproductive due to health reasons to avail of the incentives being offered therein by way of early… Read More City of General Santos v. COA J. Leonen G.R. No. 199439 April 22, 2014 Local Autonomy, Devolution of Power, Local Government Code

— Constitutional Law, Political Law —

PHARMACEUTICAL AND HEALTH CARE v. DUQUE G.R. No. 173034 October 9, 2007 Transformation v. Incorporation of International Law

September 7, 2020

FACTS: On October 28, 1986, President Corazon Aquino issued E. O. No. 51 (Milk Code) which states that the law seeks to give effect to Article 112 of the International Code of Marketing of Breastmilk Substitutes (ICMBS), a code adopted by the World Health Assembly (WHA), to the effect that breastfeeding should be supported, promoted… Read More PHARMACEUTICAL AND HEALTH CARE v. DUQUE G.R. No. 173034 October 9, 2007 Transformation v. Incorporation of International Law