Category: Political Law

— Constitutional Law, Election Law, Political Law —

Pamatong v. COMELEC G.R. No. 161872, April 13, 2004 The “Equal Access” Provision, Nuisance Candidate, Declaration of Principles and State Policies

December 20, 2023

FACTS: Petitioner Rev. Elly Velez Pamatong filed his Certificate of Candidacy for President on December 17, 2003.  Respondent Commission on Elections (COMELEC) refused to give due course to petitioner’s Certificate of Candidacy in its Resolution No. 6558 dated January 17, 2004.  Petitioner moved for reconsideration. The COMELEC, acting on petitioner’s Motion for Reconsideration and on… Read More Pamatong v. COMELEC G.R. No. 161872, April 13, 2004 The “Equal Access” Provision, Nuisance Candidate, Declaration of Principles and State Policies

— Constitutional Law, Political Law —

IN RE: PETITION OF ARTURO EFREN GARCIA for admission to the Philippine Bar without taking the examination August 15, 1961 

February 13, 2023

FACTS: Arturo E. Garcia has applied for admission to the practice of law in the Philippines without submitting to the required bar examinations. In his verified petition, he avers, among others, that he is a Filipino citizen born in Bacolod City, Province of Negros Occidental, of Filipino parentage; that he had taken and finished in… Read More IN RE: PETITION OF ARTURO EFREN GARCIA for admission to the Philippine Bar without taking the examination August 15, 1961 

— Constitutional Law, Political Law —

PILIPINO TELEPHONE CORPORATION (PILTEL) v. NATIONAL TELECOMMUNICATIONS COMMISSION G.R. No. 138295, August 28, 2003 Franchise to Operate a Public Utility

February 3, 2023

FACTS: On 20 March 1995, the National Telecommunications Commission (NTC) issued PILTEL a Provisional Authority (PA) to install, operate and maintain telephone exchanges and public calling offices in areas including Zamboanga del Norte, and Davao City, among others. On 21 June 1996, while PILTEL’s PA was still valid and subsisting, the International Communications Corporation (ICC)… Read More PILIPINO TELEPHONE CORPORATION (PILTEL) v. NATIONAL TELECOMMUNICATIONS COMMISSION G.R. No. 138295, August 28, 2003 Franchise to Operate a Public Utility

— Constitutional Law, Political Law —

Valles v. COMELEC G.R. No. 137000 August 9, 2000 The principle of Jus Sanguinis

July 16, 2022

FACTS: Rosalind Ybasco Lopez was born on May 16, 1934 in Napier Terrace, Broome, Western Australia, to the spouses, Telesforo Ybasco, a Filipino citizen, and Theresa Marquez, an Australian. In 1949, at the age of fifteen, she left Australia and came to settle in the Philippines. In 1952, she was married to Leopoldo Lopez, a… Read More Valles v. COMELEC G.R. No. 137000 August 9, 2000 The principle of Jus Sanguinis

— Constitutional Law, Political Law —

Lansang v. CA G.R. No. 102667 February 23, 2000 The Doctrine of State Immunity from Suit

April 4, 2022

FACTS: Private respondents were allegedly awarded a “verbal contract of lease” in 1970 by the National Parks Development Committee (NPDC), a government initiated civic body engaged in the development of national parks, including Rizal Park.  Whoever in NPDC gave such “verbal” accommodation to private respondents was unclear, for indeed no document or instrument appears on… Read More Lansang v. CA G.R. No. 102667 February 23, 2000 The Doctrine of State Immunity from Suit

— Constitutional Law, Political Law, Remedial Law —

RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

February 22, 2022

FACTS: On June 13, 2002, the Government of the Philippines, acting through the DOE, entered into a Geophysical Survey and Exploration Contract-I 02 (GSEC-102) with Japan Petroleum Exploration Co., Ltd. (JAPEX). This contract involved geological and geophysical studies of the Tañon Strait. The studies included surface geology, sample analysis, and reprocessing of seismic and magnetic… Read More RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

— Political Law —

GIOS-SAMAR, INC., v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS and CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, G.R. No. 217158, March 12, 2019 Transcendental Importance Doctrine

November 5, 2021

Case digest by: MA. VICTORIA O. HORA Nature: Petition for Prohibition STATEMENT OF THE CASE: Petitioner Gios-Samar, Inc., represented by its Chairperson Gerardo M. Malinao (Petitioner) filed before the Supreme Court a Petition for Prohibition (Petition) invoking the Doctrine of Transcendental Importance of the issue, assailing the constitutionality of the bundling of the Projects by… Read More GIOS-SAMAR, INC., v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS and CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, G.R. No. 217158, March 12, 2019 Transcendental Importance Doctrine

— Constitutional Law, Political Law —

Kulayan v. Tan G.R. No. 187298 July 03, 2012 Emergency Powers of the President

October 19, 2021

FACTS: On 15 January 2009, three members from the International Committee of the Red Cross (ICRC) were purportedly inspecting a water and sanitation project for the Sulu Provincial Jail when they were seized by three armed men who were later confirmed to be members of the Abu Sayyaf Group (ASG).  On 21 January 2009, a… Read More Kulayan v. Tan G.R. No. 187298 July 03, 2012 Emergency Powers of the President

— Constitutional Law, Political Law —

Long and Almeria v. Basa G.R. Nos. 134963-64 September 27, 2001 Religious Freedom, Bill of RIghts

October 17, 2021

FACTS: In 1973, a religious group known as “The Church In Quezon City (Church Assembly Hall), Incorporated” (“CHURCH”), was organized as “an entity of the brotherhood in Christ.” It was registered in the same year with the Securities and Exchange Commission (SEC) as a non-stock, non-profit religious corporation for the administration of its temporalities or… Read More Long and Almeria v. Basa G.R. Nos. 134963-64 September 27, 2001 Religious Freedom, Bill of RIghts

— Constitutional Law, Political Law —

Fuentes v. Ombudsman, G.R. No. 124295. October 23, 2001, Independence of the Judiciary , Doctrine of Separation of Powers.

October 11, 2021

FACTS: In an order dated April 5, 1994, the lower court granted Tessie Amadeos motion for the issuance of a writ of execution against the DPWH to satisfy her unpaid claim after the government won the expropriation case involving her property. Following the anomalous implementation of the writ of execution,the court sheriff was dismissed from… Read More Fuentes v. Ombudsman, G.R. No. 124295. October 23, 2001, Independence of the Judiciary , Doctrine of Separation of Powers.