Category: Political Law

— Political Law —

LAZATIN vs. HRET and LORENZO G. TIMBOL G.R. No. 84297 December 8, 1988 Election, Electoral tribunal

October 6, 2017

FACTS: Petitioner and private respondent were among the candidates for Representative of the first district of Pampanga. Petitioner was proclaimed as Congressman-elect and assumed office. Later, the COMELEC declared petitioner’s proclamation void ab initio. Petitioner challenged the COMELEC resolution before this Court. The Court set aside the COMELEC’s revocation of petitioner’s proclamation. On February 8,… Read More LAZATIN vs. HRET and LORENZO G. TIMBOL G.R. No. 84297 December 8, 1988 Election, Electoral tribunal

— Political Law, Taxation —

Planters Products Inc vs Fertiphil Corp G.R. No. 166006 March 14, 2008 “Lawful Subjects” and“Lawful Means”, Legal Standing, Police Power

October 6, 2017

FACTS:    Petitioner PPI and respondent Fertiphil are private corporations incorporated under Philippinelaws, both engaged in the importation and distribution of fertilizers, pesticides and agriculturalchemicals.Marcos issued Letter of Instruction (LOI) 1465, imposing a capital recovery component of Php10.00 perbag of fertilizer. The levy was to continue until adequate capital was raised to make PPI financiallyviable. Fertiphil… Read More Planters Products Inc vs Fertiphil Corp G.R. No. 166006 March 14, 2008 “Lawful Subjects” and“Lawful Means”, Legal Standing, Police Power

— Political Law —

PANTRANCO vs. Public Service Commission (PSC) G.R. No. 47065 June 26, 1940 Delegation of Powers, Separation of Powers, Certificate of Public Convenience

October 6, 2017

  FACTS:  PANTRANCO, a holder of an existing Certificate of Public Convenience is applying to operate additional buses with the Public Service Commission (PSC) has been engaged in transporting passengers in certain provinces by means of public transportation utility. Patranc applied for authorization to operate 10 additional trucks. The PSC granted the application but added… Read More PANTRANCO vs. Public Service Commission (PSC) G.R. No. 47065 June 26, 1940 Delegation of Powers, Separation of Powers, Certificate of Public Convenience

— Political Law —

SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., vs.ANTI-TERRORISM COUNCIL, et. al G.R. No. 178552 October 5, 2010 chilling effect, facial challenge, Human Security Act of 2007, in terrorem effect

October 6, 2017

FACTS: Petitioners assail for being intrinsically vague and impermissibly broad the definition of the crime of terrorism under RA 9372 (the Human Security Act of 2007) in that terms like “widespread and extraordinary fear and panic among the populace” and “coerce the government to give in to an unlawful demand” are nebulous, leaving law enforcement… Read More SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., vs.ANTI-TERRORISM COUNCIL, et. al G.R. No. 178552 October 5, 2010 chilling effect, facial challenge, Human Security Act of 2007, in terrorem effect

— Political Law, Taxation —

BETOY, vs.THE BOARD OF DIRECTORS, NATIONAL POWER CORPORATION G.R. Nos. 156556-57 October 4, 2011 EPIRA LAW, RA 9136 (EPIRA), tax

October 6, 2017

FACTS:  On June 8, 2001, RA 9136 (EPIRA) was enacted by Congress with the goal of restructuring the electric power industry and privatization of the assets of the National Power Corporation. On February 27, 2002, pursuant to Section 77 of the EPIRA, the Secretary of the Department of Energy promulgated the IRR. Section 63 of the… Read More BETOY, vs.THE BOARD OF DIRECTORS, NATIONAL POWER CORPORATION G.R. Nos. 156556-57 October 4, 2011 EPIRA LAW, RA 9136 (EPIRA), tax

— Civil Law, Political Law —

QUIAO vs. QUIAO, et. al. G.R. No 176556 July 4, 2012 due process, Family Code, vested right

October 6, 2017

FACTS: Respondent Rita C. Quiao filed a complaint for legal separation against petitioner Brigido B. Quiao. Subsequently, the RTC rendered a Decision granting the same and custody of the minor children were awarded to Rita. Their property as enumerated was to be divided among the spouses equally subject to the respective legitimes of the children and… Read More QUIAO vs. QUIAO, et. al. G.R. No 176556 July 4, 2012 due process, Family Code, vested right

— Labor Law, Political Law —

YAP vs. THENAMARIS SHIP’S MANAGEMENT and INTERMARE MARITIME AGENCIES, INC.,  G.R. No. 179532 May 30, 2011 Sec. 10 of R.A. 8042

October 6, 2017

FACTS:  Claudio S. Yap was employed as electrician of the vessel, M/T SEASCOUT by Intermare Maritime Agencies, Inc. in behalf of its principal, Vulture Shipping Limited. The contract of employment entered into by Yap and Capt. Francisco B. Adviento, the General Manager of Intermare, was for a duration of 12 months. On 23 August 2001,… Read More YAP vs. THENAMARIS SHIP’S MANAGEMENT and INTERMARE MARITIME AGENCIES, INC.,  G.R. No. 179532 May 30, 2011 Sec. 10 of R.A. 8042

— Political Law —

PKSMMN vs.EXECUTIVE SECRETARY G.R. Nos. 147036-37 April 10, 2012 coco levy funds, substantive due proces

October 6, 2017

FACTS:  In 1976 President Marcos enacted P.D. 961, the Coconut Industry Code, which consolidated and codified existing laws relating to the coconut industry. The Code provided that surpluses from the CCS Fund and the CID Fund collections, not used for replanting and other authorized purposes, were to be invested by acquiring shares of stock of corporations,… Read More PKSMMN vs.EXECUTIVE SECRETARY G.R. Nos. 147036-37 April 10, 2012 coco levy funds, substantive due proces

— Political Law —

Sandoval Notes – Political Law Bill of Rights Right against Unreasonable Searches and Seizures

October 6, 2017

The Right against Unreasonable Searches and Seizures   Discuss the constitutional requirement that a judge, in issuing a warrant of arrest, must determine probable cause “personally.” Distinguish determination of probable cause by the prosecutor and determination of probable cause by the judge.   Held: It must be stressed that the 1987 Constitution requires the judge… Read More Sandoval Notes – Political Law Bill of Rights Right against Unreasonable Searches and Seizures