Category: Constitutional Law

— Constitutional Law —

THE CITY OF BACOLOD v. PHUTURE VISIONS CO., INC. G.R. No. 190289 January 17, 2018 State Immunity from Suit 

February 25, 2020

FACTS: Respondent Phuture processed, completed and submitted its Application for Permit to Engage in Business, Trade or Occupation to operate bingo games at SM Bacolod and paid the fees therefor to the Permits and Licensing Division of the City Mayor of Bacolod City. It was then issued a claim slip for its permit. Phuture commenced… Read More THE CITY OF BACOLOD v. PHUTURE VISIONS CO., INC. G.R. No. 190289 January 17, 2018 State Immunity from Suit 

— Constitutional Law —

MMDA v. Viron Transport G.R. No. 170656 August 15, 2007 Police Power, Ultra Vires

February 22, 2020

CARPIO MORALES, J. FACTS: The present petition for review on certiorari, rooted in the traffic congestion problem, questions the authority of the Metropolitan Manila Development Authority (MMDA) to order the closure of provincial bus terminals along EDSA and major thoroughfares of Metro Manila. President Gloria Macapagal Arroyo issued the E.O.No. 179 “Providing for the Establishment… Read More MMDA v. Viron Transport G.R. No. 170656 August 15, 2007 Police Power, Ultra Vires

— Constitutional Law, Remedial Law —

People v. Court of Appeals GR No. 183652, February 25, 2015 Criminal Procedure, Duplicitous Information, Grave Abuse of Discretion, Double Jeopardy, Rights of the Accused

February 21, 2020

J. Peralta  FACTS: Private respondents Carampatana, Oporto and Alquizola were charged, together with Christian John Lim, Emmanuel dela Cruz, Samuel Rudinas, Jansen Roda, Harold Batoctoy, and Joseph Villame, for allegedly raping AAA, a minor.  According to the prosecution, private respondents intoxicated AAA with a hard liquor and once intoxicated, brought AAA to Alquizola Lodging house,… Read More People v. Court of Appeals GR No. 183652, February 25, 2015 Criminal Procedure, Duplicitous Information, Grave Abuse of Discretion, Double Jeopardy, Rights of the Accused

— Criminal Law, Election Law —

Garcia v. Court of Appeals G.R. No. 157171 March 14, 2006 Criminal Intent, Mala In Se, Mala Prohibita

January 11, 2020

FACTS:  An information was filed in the RTC of Alaminos, charging Herminio R. Romero, Renato R. Viray, Rachel Palisoc and Francisca de Vera, and petitioner, with violation of Section 27(b) of R.A. No. 6646, or “The Electoral Reforms Law of 1987”, for conspiring with, confederating together and mutually helping each other, did, then and there,… Read More Garcia v. Court of Appeals G.R. No. 157171 March 14, 2006 Criminal Intent, Mala In Se, Mala Prohibita

— Constitutional Law, Remedial Law —

National Development Company v. Collector of Customs, 9 SCRA 429 G.R. No. L-19180 October 31, 1963 Due Process in Administrative Proceedings, Tariff and Customs Code, Special Civil Action

January 9, 2020

FACTS: On August 4, 1960, the Collector of Customs sent a notice to C.F. Sharp & Company as alleged operator of M/S “Doña Nati” informing it that said vessel was apprehended and found to have committed a violation of the customs laws and regulations in that it carried an unmanifested cargo consisting of one RCA… Read More National Development Company v. Collector of Customs, 9 SCRA 429 G.R. No. L-19180 October 31, 1963 Due Process in Administrative Proceedings, Tariff and Customs Code, Special Civil Action

— Constitutional Law, International Law, Political Law —

Notes and Cases POLITICAL LAW AND PUBLIC INTERNATIONAL LAW Atty. EDWIN REY SANDOVAL

October 8, 2019

January 16 – July 28, 2017 August 6, 2017 April 20, 2018 POLITICAL LAW  THE  CONSTITUTION  The Doctrine of Constitutional Supremacy  Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into… Read More Notes and Cases POLITICAL LAW AND PUBLIC INTERNATIONAL LAW Atty. EDWIN REY SANDOVAL

— Constitutional Law, Political Law —

Manila Prince Hotel v. GSIS G.R. No. 122156 February 3, 1997 The Nature of the Constitution, Self-Executing and Not Self-Executing Provisions, National Patrimony

September 17, 2019

FACTS: Pursuant to the privatization program of the Government under Proclamation No. 50, GSIS decided to sell through public bidding 30% to 51% of the issued and outstanding shares of respondent Manila Hotel Corporation (MHC).  The winning bidder, or the eventual “strategic partner,” is to provide management expertise and/or an international marketing/reservation system, and financial… Read More Manila Prince Hotel v. GSIS G.R. No. 122156 February 3, 1997 The Nature of the Constitution, Self-Executing and Not Self-Executing Provisions, National Patrimony

— Constitutional Law, Political Law —

Marbury v. Madison 5 U.S. 137 (Feb 24, 1803) Doctrine of Constitutional Supremacy

September 7, 2019

Facts of the case Thomas Jefferson defeated John Adams in the 1800 presidential election. Before Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary Act of 1801, which created new courts, added judges, and gave the president more control over appointment of judges. The Act was essentially an attempt by Adams… Read More Marbury v. Madison 5 U.S. 137 (Feb 24, 1803) Doctrine of Constitutional Supremacy