FACTS:  Pursuant to Sangguniang Bayan Resolution No. 93-95, Series of 1993,  the Municipality of Parañaque filed a Complaint for expropriation  against Private Respondent V.M. Realty over two parcels of land allegedly ”for the purpose of alleviating the living conditions of the underprivileged by providing homes for the homeless through a socialized housing project.”   Petitioner, pursuant… Read More MUNICIPALITY OF PARAÑAQUE v. V.M. REALTY CORPORATION G.R. No. 127820 July 20, 1998 Expropriation Proceedings, Ordinance v. Resolution, Local Government Code

FACTS: Petitioner Patricio Dumlao questions the constitutionality of section 4 of Batas Pambansa Blg. 52 as discriminatory and contrary to the equal protection and due process guarantees of the Constitution. Said Section 4 provides: Sec. 4. Special Disqualification in addition to violation of section 10 of Art. XI I-C of the Constitution and disqualification mentioned… Read More Dumlao v. COMELEC G.R. No. L-52245 January 22, 1980 Equal Protection of the Laws

No private property shall be taken for public use without just compensation; ideally, just compensation should be immediately paid to the property owner so that he may derive income from this compensation, in the same manner that he would have derived income from his property; if full compensation is not paid, the State must make… Read More EMINENT DOMAIN: 17 Recent Rulings & 3 Bar Q & A’s

FACTS: These cases have been consolidated because they all involve the doctrine of state immunity. The United States of America was not impleaded in the complaints below but has moved to dismiss on the ground that they are in effect suits against it to which it has not consented. It is now contesting the denial… Read More US v. ELIODORO B. GUINTO GR No. 76607, February 26, 1990 Doctrine of State Immunity, “the Royal Prerogative of Dishonesty”

FACTS: In 1978, then President Ferdinand Marcos issued Proc. No. 1716 reserving for Municipal Government Center Site Purposes certain parcels of land of the public domain located in San Juan, Metro Manila. In 1986, President Corazon Aquino took the reigns of power under a revolutionary government. On March 24, 1986, she issued her historic Proclamation… Read More Municipality of San Juan v. CA G.R. No. 125183 September 29, 1997 Presumption of Validity of a Law

FACTS: The petitioner alleges that President Gloria Macapagal-Arroyo appointed Agra as the Acting Secretary of Justice, and also designated Agra as the Acting Solicitor General in a concurrent capacity. Petitioner, in his capacity as a taxpayer, a concerned citizen and a lawyer, commenced this suit to challenge the constitutionality of Agra’s concurrent appointments or designations,… Read More Funa v. Agra G.R. No. 191644 February 19, 2013

FACTS: Petitioner Senator Blas Ople prays that Administrative Order No. 308 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. A.O. No. 308 was published in… Read More Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive