Professional Documents
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CONSTITUTION
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EQUAL PROTECTION
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EMINENT DOMAIN
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CITY GOVERNMENT OF QUEZON CITY and CITY COUNCIL OF QUEZON CITY v. HON.
JUDGE VICENTE G. ERICTA as Judge of the Court of First Instance of Rizal, Quezon
City, Branch XVIII; HIMLAYANG PILIPINO, INC.
G.R. No. L-34915, June 24, 1983, Gutierrez Jr., J.
Police power being the most active power of the government and the due process
clause being the broadest station on governmental power, the conflict between this power
of government and the due process clause of the Constitution is oftentimes inevitable.
Facts:
Ordinance No. 6118, S-64 was promulgated in Quezon City which approved the
regulation of establishment of private cemeteries in the said city. It is stated in the ordinance
that 6% of the total area of the private memorial park shall be set aside for charity burial.
Himlayang Pilipino contends that the taking or confiscation of property restricts the use of
property such that it cannot be used for any reasonable purpose and deprives the owner of
all beneficial use of his property. It also contends that the taking is not a valid exercise of
police power, since the properties taken in the exercise of police power are destroyed and
not for the benefit of the public. The RTC declared the Ordinance null and void.
Issue:
Whether setting aside 6% of the total area of a memorial park for charity burial is a
valid exercise of police power
Ruling:
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DUE PROCESS
REPUBLIC OF THE PHILIPPINES v. JENNIFER CAGANDAHAN
G.R. No. 166676, September 12, 2008, Quisumbing, J.
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In the absence of a law on the matter, the Court will not dictate on respondent
concerning a matter so innately private as ones sexuality and lifestyle preferences, much
less on whether or not to undergo medical treatment to reverse the male tendency due to
CAH. The Court will not consider respondent as having erred in not choosing to undergo
treatment in order to become or remain as a female. Neither will the Court force respondent
to undergo treatment and to take medication in order to fit the mold of a female, as society
commonly currently knows this gender of the human species. Respondent is the one who
has to live with his intersex anatomy. To him belongs the human right to the pursuit of
happiness and of health. Thus, to him should belong the primordial choice of what courses of
action to take along the path of his sexual development and maturation. In the absence of
evidence that respondent is an "incompetent" and in the absence of evidence to show that
classifying respondent as a male will harm other members of society who are equally
entitled to protection under the law, the Court affirms as valid and justified the respondents
position and his personal judgment of being a male.
In so ruling the Court does no more than give respect to (1) the diversity of nature;
and (2) how an individual deals with what nature has handed out. In other words, we respect
respondents congenital condition and his mature decision to be a male. Life is already
difficult for the ordinary person. We cannot but respect how respondent deals with
his unordinary state and thus helps make his life easier, considering the unique
circumstances in this case. As for respondents change of name under Rule 103, the Court
has held that a change of name is not a matter of right but of judicial discretion, to be
exercised in the light of the reasons adduced and the consequences that will follow.
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YES. In the absence of a law or principle of law, the rules of fair play must be applied.
An application of the basic twin due process rights of notice and hearing will not go against
the treaty or the implementing law. Neither the Treaty nor the Extradition Law precludes
these rights from a prospective extraditee. Similarly, American jurisprudence and procedures
on extradition pose no proscription. In fact, in interstate extradition proceedings as
explained above, the prospective extraditee may even request for copies of the extradition
documents from the governor of the asylum state, and if he does, his right to be supplied
the same becomes a demandable right
We have ruled time and again that the Court's equity jurisdiction, which is aptly
described as "justice outside legality," may be availed of only in the absence of, and never
against, statutory law or judicial pronouncements (Smith Bell & Co., Inc. v. Court of Appeals,
267 SCRA 530 [1997]; David-Chan v. Court of Appeals, 268 SCRA 677 [1997]). The
constitutional issue in the case at bar does not even call for "justice outside legality," since
private respondent's due process rights, although not guaranteed by statute or by treaty,
are protected by constitutional guarantees. We would not be true to the organic law of the
land if we choose strict construction over guarantees against the deprivation of liberty. That
would not be in keeping with the principles of democracy on which our Constitution is
premised. Verily, as one traverses treacherous waters of conflicting and opposing currents of
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YES. The proviso "as of the date of his retirement" in Section 12-B(d) of Rep. Act No.
8282 runs afoul of the due process clause as it outrightly deprives the surviving spouses
whose respective marriages to the retired SSS members were contracted after the latters
retirement of their survivors benefits. There is outright confiscation of benefits due such
surviving spouses without giving them an opportunity to be heard.
In this case, the petitioner was not given any opportunity to prove her claim that she
was Bonifacios bona fide legal spouse as she was automatically disqualified from being
considered as his primary beneficiary. In effect, the petitioner was deprived of the survivors
benefits, a property interest, accruing from the death of Bonifacio without any opportunity to
be heard. Standards of due process require that the petitioner be allowed to present
evidence to prove that her marriage to Bonifacio was contracted in good faith and as his
bona fide spouse she is entitled to the survivors pension accruing upon his death. Hence,
the proviso "as of the date of his retirement" in Section 12-B(d) which deprives the petitioner
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SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., on behalf of the SOUTHSOUTH NETWORK (SSN) FOR NON-STATE ARMED GROUP ENGAGEMENT, and ATTY.
SOLIMAN M. SANTOS, JR. v. ANTI-TERRORISM COUNCIL
G.R. No. 178552, October 5, 2010, Carpio Morales, J.
Statutes found vague as a matter of due process typically are invalidated only 'as
applied' to a particular defendant.
Facts:
Petitioners assail the constitutionality of RA 9372 or the Human Security Act of 2007
for being intrinsically vague and impermissibly broad the definition of the crime of terrorism,
such 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 agencies with no standard to measure the prohibited acts.
Respondents counter that the doctrines of void-for-vagueness and overbreadth find
no application in the present case since these doctrines apply only to free speech cases; and
that RA 9372 regulates conduct, not speech.
Issue:
Whether the void-for-vagueness
applicable grounds to assail a penal statute.
and
overbreadth
doctrines
are
equally
Ruling:
YES. Since a penal statute may only be assailed for being vague as applied to
petitioners, a limited vagueness analysis of the definition of terrorism in RA 9372 is legally
impermissible absent an actual or imminent charge against them.
While Estrada did not apply the overbreadth doctrine, it did not preclude the
operation of the vagueness test on the Anti-Plunder Law as applied to the therein petitioner,
finding, however, that there was no basis to review the law on its face and in its entirety. It
stressed that statutes found vague as a matter of due process typically are invalidated only
'as applied' to a particular defendant.
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EQUAL PROTECTION
LOUIS BAROK C. BIRAOGO v. THE PHILIPPINE TRUTH COMMISSION OF 2010
G.R. No. 192935, December 7, 2010, Mendoza, J.
There must be equality among equals as determined according to a valid
classification.
Facts:
Two consolidated cases were filed before the court both of which essentially assail the
validity and constitutionality of Executive Order No. 1 entitled Creating the Philippine Truth
Commission (PTC) of 2010 which was signed by President Aquino. The said PTC is a mere
branch formed under the Office of the President tasked to investigate reports of graft and
corruption committed by third-level public officers and employees, their co-principals,
accomplices and accessories during the previous administration and submit their findings
and recommendations to the President, Congress and the Ombudsman. However, PTC is not
a quasi-judicial body; it cannot adjudicate, arbitrate, resolve, settle or render awards in
disputes between parties. Its job is to investigate, collect and assess evidences gathered
and make recommendations. It has subpoena powers but it has no power to cite people in
contempt or even arrest. It cannot determine for such facts if probable cause exist as to
warrant the filing of an information in our courts of law.
Issue:
Whether Executive Order No. 1 violates the equal protection clause.
Ruling:
YES. Equal protection requires that all persons or things similarly situated should be
treated alike, both as to rights conferred and responsibilities imposed.
There must be equality among equals as determined according to a valid
classification. Equal protection clause permits classification. Such classification, however, to
be valid must pass the test of reasonableness. The test has four requisites: (1) The
classification rests on substantial distinctions; (2) It is germane to the purpose of the law; (3)
It is not limited to existing conditions only; and (4) It applies equally to all members of the
same class. The classification will be regarded as invalid if all the members of the class are
not similarly treated, both as to rights conferred and obligations imposed.
The clear mandate of truth commission is to investigate and find out the truth
concerning the reported cases of graft and corruption during the previous administration
only. The intent to single out the previous administration is plain, patent and manifest.
Arroyo administration is but just a member of a class, that is, a class of past administrations.
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QUA CHEE GAN, JAMES UY, DANIEL DY alias DEE PAC, CHAN TIONG YU, CUA CHU
TIAN, CHUA LIM PAO alias JOSE CHUA and BASILIO KING v. THE DEPORTATION
BOARD
G.R. No. L-10280, September 30, 1963, Barrera, J.
The Constitution does not distinguish between warrants in a criminal case and
administrative warrants in administrative proceedings. Only a judge can determine the
existence of probable cause for the issuance of warrants.
Facts:
Qua Chee Gan et al. were charged before the Deportation Board, having purchased
U.S. dollars in the total sum of $130,000.00, without the necessary license from the Central
Bank of the Philippines, and of having clandestinely remitted the same to Hongkong and
petitioners. Following the filing of said deportation charges, a warrant for the arrest of said
aliens was issued by the presiding member of the Deportation Board. Upon their filing surety
bond for P10, 000.00 and cash bond for P10, 000.00, herein petitioners-appellants were
provisionally set at liberty. Petitioners-appellants filed a joint motion to dismiss the charges
presented against them in the Deportation Board for the reason, among others, that the
same do not constitute legal ground for deportation of aliens from this country, and that said
Board has no jurisdiction to entertain such charges and the consequent issuance of arrest
warrant.
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RHONDA AVE S. VIVARES and SPS. MARGARITA AND DAVID SUZARA v. ST.
THERESAS COLLEGE, MYLENE RHEZA T. ESCUDERO, and JOHN DOES
G.R. No. 202666, September 29, 2014, Velasco, J.
A person who places a photograph on the Internet precisely intends to forsake and
renounce all privacy rights to such imagery.
Facts:
In January 2012, Angela Tan, a high school student at St. Theresas College (STC),
uploaded on Facebook several pictures of her and her classmates (Nenita Daluz and Julienne
Suzara) wearing only their undergarments. Thereafter, some of their classmates reported
said photos to their teacher, Mylene Escudero. Escudero, through her students, viewed and
downloaded said pictures. She showed the said pictures to STCs Discipline-in-Charge for
appropriate action.
Later, STC found Tan et al to have violated the students handbook and banned them
from marching in their graduation ceremonies scheduled in March 2012. Subsequently,
Rhonda Vivares, mother of Nenita, and the other mothers filed a petition for the issuance of
the writ of habeas data against the school. They prayed that STC be ordered to surrender
and deposit with the court all soft and printed copies of the subject data and have such data
be declared illegally obtained in violation of the childrens right to privacy.
Issue:
Whether there was indeed an actual or threatened violation of the right to privacy in
the life, liberty, or security of the minors involved in this case.
Ruling:
NO. The concept of privacy has, through time, greatly evolved, with technological
advancements having an influential part therein. This evolution was briefly recounted in
former Chief Justice Reynato S. Punos speech, The Common Right to Privacy, where he
explained the three strands of the right to privacy, viz: (1) locational or situational privacy;
(2) informational privacy; and (3) decisional privacy. Of the three, what is relevant to the
case at bar is the right to informational privacyusually defined as the right of individuals to
control information about themselves.
Facebook provides privacy features. Without these privacy settings, respondents
contention that there is no reasonable expectation of privacy in Facebook would, in context,
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FELIPE NAVARRO v. THE COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES
G.R. No. 121087, August 26, 1999, Mendoza, J.
The law prohibits the overhearing, intercepting, or recording of private
communications.
Facts:
At around 8:40 in the evening of February 4, 1990, Stanley Jalbuena and Enrique Ike
Lingan, who were reporters of the radio station DWTI in Lucena City, together with one Mario
Ilagan, went to the Entertainment City following reports that it was showing nude dancers.
After the three had seated themselves at a table and ordered beer, a scantily clad dancer
appeared on stage and began to perform a strip act. As she removed her brassieres,
Jalbuena brought out his camera and took a picture. At that point, the floor manager, Dante
Liquin, with a security guard, Alex Sioco, approached Jalbuena and demanded to know why
he took a picture. Jalbuena replied: Wala kang pakialam, because this is my job. Sioco
pushed Jalbuena towards the table as he warned the latter that he would kill him. When
Jalbuena saw that Sioco was about to pull out his gun, he ran out of the joint followed by his
companions. Jalbuena and his companions went to the police station to report the matter.
Three of the policemen on duty, including petitioner Navarro, were having drinks in front of
the police station, and they asked Jalbuena and his companions to join them. Jalbuena
declined and went to the desk officer, Sgt. Aonuevo, to report the incident. In a while, Liquin
and Sioco arrived on a motorcycle. There was a heated argument between petitioner and
Lingan and as Lingan was about to turn away, petitioner Navarro hit him with the handle of
his pistol above the left eyebrow. Lingan fell on the floor, blood flowing down his face. He
tried to get up, but petitioner Navarro gave him a fist blow on the forehead which floored
him. Unknown to petitioner Navarro, Jalbuena was able to record on tape the exchange
between petitioner and the deceased.
Issue:
Whether the tape recording is admissible in evidence in view of R.A. No. 4200, which
prohibits wire tapping.
Ruling:
YES. The law prohibits the overhearing, intercepting, or recording of private
communications. Since the exchange between petitioner Navarro and Lingan was not
private, its tape recording is not prohibited. Nor is there any question that it was duly
authenticated. A voice recording is authenticated by the testimony of a witness (1) that he
personally recorded the conversation; (2) that the tape played in court was the one he
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JEJOMAR C. BINAY, FOR AND INBEHALF OF HIS MINOR DAUGHTER, JOANNA* MARIE
BIANCA S. BINAY v. THE SECRETARY OF JUSTICE, GENIVI V. FACTAO AND VICENTE G.
TIROL
G.R. NO. 170643, September 08, 2006, Ynares-Santiago, J.
To qualify under the category of a conditionally or qualifiedly privileged
communication, the following elements must be fulfilled: (1) the person who made the
communication had a legal, moral, or social duty to make the communication, or at least,
had an interest to protect, which interest may either be his own or of the one to whom it is
made; (2) the communication is addressed to an officer or a board, or superior, having some
interest or duty in the matter, and who has the power to furnish the protection sought; and
(3) the statements in the communication are made in good faith and without malice.
Facts:
An article entitled "ALYAS ERAP JR." was published on Pinoy Times Special Edition.
Paragraph 25 of the article reads: Si Joanne Marie Bianca, ang sinasabing ampong anak ng
mga Binay, ay bumibili ng panty na nagkakahalaga ng P1,000 ang isa, ayon sa isang writer
ni Binay. Magarbo ang pamumuhay ng batang ito dahil naspoiled umano ng kanyang ama.
Based on this article, Jejomar Binay, father of the minor Joanna Marie Bianca, filed a
complaint for libel against Vicente G. Tirol as publisher, and Genivi V. Factao as writer of the
article. In their defense, Tirol and Factao argued that the matter at hand is within the realm
of public interest given that Jejomar is an aspirant to a public office while his wife is an
incumbent public official.
Issue:
Whether the article is covered by the protection of the freedom of expression.
Ruling:
NO. The article does not qualify as an absolute or a conditional or qualified privileged
communication. It is neither a private communication made by any person to another in the
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Ruling:
NO. The framers of the Constitution were well aware that trade must be subjected to
some form of regulation for the public good. Public interest must be upheld over business
interests. Despite the fact that our present Constitution enshrines free enterprise as a policy,
it nonetheless reserves to the government the power to intervene whenever necessary to
promote the general welfare. Free enterprise does not call for removal of protective
regulations.
In this case, petitioner failed to show that the proscription of milk manufacturers
participation in any policymaking body (Section 4(i)), classes and seminars for women and
children (Section 22); the giving of assistance, support and logistics or training (Section 32);
and the giving of donations (Section 52) would unreasonably hamper the trade of breastmilk
substitutes. Petitioner has not established that the proscribed activities are indispensable to
the trade of breastmilk substitutes. Petitioner failed to demonstrate that the aforementioned
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FREEDOM OF RELIGION
ANG LADLAD LGBT PARTY represented herein by its Chair, DANTON REMOTO v.
COMMISSION ON ELECTIONS
G.R. No. 190582, April 8, 2010, Del Castillo, J.
What our non-establishment clause calls for is government neutrality in religious
matters. Clearly, governmental reliance on religious justification is inconsistent with this
policy of neutrality.
Facts:
Ang Ladlad is an organization composed of persons who identify themselves as
lesbians, gays, bisexuals, or trans-gendered individuals (LGBTs). Ang Ladlad applied for
registration with the COMELEC. The application for accreditation was denied on the ground
that the organization had no substantial membership. Ang Ladlad again filed a petition for
registration with the COMELEC. Petitioner argued that the LGBT community is a marginalized
and under-represented sector that is particularly disadvantaged because of their sexual
orientation and gender identity; that LGBTs are victims of exclusion, discrimination, and
violence; that because of negative societal attitudes, LGBTs are constrained to hide their
sexual orientation; and that Ang Ladlad complied with the 8-point guidelines enunciated in
jurisprudence. Ang Ladlad laid out its national membership base consisting of individual
members and organizational supporters, and outlined its platform of governance. After
admitting the petitioners evidence, the COMELEC Second Division dismissed the petition on
moral grounds.
Issue:
Whether COMELEC violated the non-establishment clause of the Constitution in
dismissing the petition.
Ruling:
YES. COMELEC mistakenly opines that the Courts ruling in Ang Bagong Bayani-OFW
Labor Party v. Commission on Elections (412 Phil. 308, 2001) stands for the proposition that
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The case for petitioners is founded on the assertion that the right of the Marcoses to
return to the Philippines is guaranteed under the Bill of Rights. The petitioners contend that
the President is without power to impair the liberty of abode of the Marcoses because only a
court may do so "within the limits prescribed by law. Respondents argue for the primacy of
the right of the State to national security over individual rights.
Issue:
Whether former President Aquino acted whimsically in denying the Marcoss return in
the country.
Ruling:
NO. To the President, the problem is one of balancing the general welfare and the
common good against the exercise of rights of certain individuals. The power involved is the
President's residual power to protect the general welfare of the people. It is founded on the
duty of the President, as steward of the people.
What we are saying in effect is that the request or demand of the Marcoses to be
allowed to return to the Philippines cannot be considered in the light solely of the
constitutional provisions guaranteeing liberty of abode and the right to travel, subject to
certain exceptions, or of case law which clearly never contemplated situations even
remotely similar to the present one. It must be treated as a matter that is appropriately
addressed to those residual unstated powers of the President which are implicit in and
correlative to the paramount duty residing in that office to safeguard and protect general
welfare. In that context, such request or demand should submit to the exercise of a broader
discretion on the part of the President to determine whether it must be granted or denied.
The Court cannot close its eyes to present realities and pretend that the country is
not besieged from within by a well-organized communist insurgency, a separatist movement
in Mindanao, rightist conspiracies to grab power, urban terrorism, the murder with impunity
of military men, police officers and civilian officials, to mention only a few. The documented
history of the efforts of the Marcoses and their followers to destabilize the country, as earlier
narrated in the ponencia bolsters the conclusion that the return of the Marcoses at this time
would only exacerbate and intensify the violence directed against the State and instigate
more chaos.
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RIGHT TO INFORMATION
The publication of all presidential issuances "of a public nature" or "of general
applicability" is mandated by law.
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RE: REQUEST FOR COPY OF 2008 STATEMENT OF ASSETS, LIABILITIES AND NET
WORTH [SALN] AND PERSONAL DATA SHEET OR CURRICULUM VITAE OF THE
JUSTICES OF THE SUPREME COURT AND OFFICERS AND EMPLOYEES OF THE
JUDICIARY
A.M. No. 09-8-6-SC, June 13, 2012, Mendoza, J.
The information disclosed in the Statement of Assets, Liabilities and Net Worth
(SALN) is a matter of public concern and interest. The right to information goes hand-inhand with the constitutional policies of full public disclosure and honesty in the public
service.
Facts:
The Research Director and researcher-writer of Philippine Center for Investigative
Journalism (PCIJ) sought copies of the Statement of Assets, Liabilities and Net Worth (SALN)
of the SC Justices for the year 2008 for the purpose of updating their database of
information on government officials. Meanwhile, several requests for copies of SALN and
other personal documents of SC, CA and Sandiganbayan Justices were also filed. The
requests were made for different purposes. Although no direct opposition to the disclosure of
SALN and other personal documents is being expressed, it is the uniform position of the said
magistrates and the various judges associations that the disclosure must be made in accord
with the guidelines set by the Court and under such circumstances that would not
undermine the independence of the Judiciary.
Issue:
Whether the SALNs of the Justices have to be disclosed for being matters of public
concern and interest.
Ruling:
YES. Section 17, Article XI, has classified the information disclosed in the SALN as a
matter of public concern and interest. The right to information goes hand-in-hand with the
constitutional policies of full public disclosure and honesty in the public service. The public
has the right to know the assets, liabilities, net worth and financial and business interests of
public officials and employees including those of their spouses and of unmarried children 18
years of age living in their households.
Like all constitutional guarantees, however, the right to information, with its
companion right of access to official records, is not absolute. While providing guaranty for
that right, the Constitution also provides that the peoples right. Jurisprudence has provided
the following limitations to that right: (1) national security matters and intelligence
information; (2) trade secrets and banking transactions; (3) criminal matters; and (4) other
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RIGHT OF ASSOCIATION
SOCIAL SECURITY SYSTEM EMPLOYEES ASSOCIATION (SSSEA), DIONISIO T.
BAYLON, RAMON MODESTO, JUANITO MADURA, REUBEN ZAMORA, VIRGILIO DE
ALDAY, SERGIO ARANETA, PLACIDO AGUSTIN, VIRGILIO MAGPAYO v. THE COURT OF
APPEALS, SOCIAL SECURITY SYSTEM (SSS), HON. CEZAR C. PERALEJO, RTC,
BRANCH 98, QUEZON CITY
G.R. Nos. 85279, July 28, 1989, Cortes, J.
In recognizing the right of government employees to organize, the commissioners
intended to limit the right to the formation of unions or associations only, without including
the right to strike.
Facts:
The Social Security System Employees Association (SSSEA) went on strike after the
SSS failed to act on the unions demands. The strike was reported to the Public Sector LaborManagement Council, which ordered the strikers to return to work. However, the strikers
refused to return to work prompting the SSS to file before RTC a complaint for damages with
a prayer for a writ of preliminary injunction against petitioners. SSS contended that its
employees are covered by civil service laws and rules and regulations, not the Labor Code,
therefore they do not have the right to strike.
Issue:
Whether SSS employees have the right to strike.
Ruling:
NO. The Bill of Rights provides that the right of the people, including those employed
in the public and private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not abridged (Art. III, Sec. 8). While there is no question that the
Constitution recognizes the right of government employees to organize, it is silent as to
whether such recognition also includes the right to strike.
A reading of the proceedings of the Constitutional Commission that drafted the 1987
Constitution would show that in recognizing the right of government employees to organize,
the commissioners intended to limit the right to the formation of unions or associations only,
without including the right to strike. At present, in the absence of any legislation allowing
government employees to strike, recognizing their right to do so, or regulating the exercise
of the right, they are prohibited from striking, by express provision of Memorandum Circular
No. 6 and as implied in E.O. No. 180. Employees of the SSS are part of the civil service and
are covered by the Civil Service Commissions Memorandum prohibiting strikes.
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BANK OF THE PHILIPPINE ISLANDS v. BPI EMPLOYEES UNION-DAVAO CHAPTERFEDERATION OF UNIONS IN BPI UNIBANK
G.R. No. 164301, August 10, 2010, Leonardo-De Castro, J.
When certain employees are obliged to join a particular union as a requisite for
continued employment, as in the case of Union Security Clauses, this condition is a valid
restriction of the freedom or right not to join any labor organization because it is in favor of
unionism.
Facts:
Pursuant to the Article and Plan of Merger between BPI and FEBTC, all the assets and
liabilities of FEBTC were transferred to and absorbed by BPI as the surviving corporation.
FEBTC employees, including those in its different branches across the country, were hired by
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EMINENT DOMAIN
Heirs of Juancho Ardona v. HON. JUAN Y. REYES, Executive Judge and Presiding
Judge of Branch I, COURT OF FIRST INSTANCE OF CEBU, and the PHILIPPINE
TOURISM AUTHORITY
G.R. Nos. L-60549, 60553 to 60555, October 26, 1983, Gutierrez, Jr., J.
As long as the purpose of the taking is public, then the power of eminent domain
comes into play. Whatever may be beneficially employed for the general welfare satisfies
the requirement of public use.
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CONTRACT CLAUSE
PHILIPPINE VETERANS BANK EMPLOYEES UNION-NUBE v. PHILIPPINE VETERANS
BANK
G.R. NO. 67125, G.R. NO. 82337, August 24, 1990, Cruz, J.
The non-impairment clause yields to the police power of the State.
Facts:
The Philippine Veterans Bank (the Bank) was ordered to be liquidated by the Central
Bank to which Simeon Medalla et al. in their own right and on behalf of the remaining
510,000 World War II veterans or their heirs objected, arguing that as the Bank was created
by a special law, a contractual relationship now exists between the Government and the
stockholders of the Bank that cannot be disturbed without violation of the impairment
clause. They also argued that their acceptance of the benefits of that law by the petitioners
had conferred a vested right on them that cannot now be withdrawn without their consent
as this would constitute a deprivation of their property without due process of law.
Issue:
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A law which changes the terms of a legal contract between parties, either in the time
or mode of performance, or imposes new conditions, or dispenses with those expressed, or
authorizes for its satisfaction something different from that provided in its terms, is a law
which impairs the obligation of a contract and is therefore null and void.
Facts:
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WMC Philippines sold its interests over the Columbio FTAA in favor of Sagittarius
Mines, Inc. This sale was approved by the DENR Secretary. Aggrieved by the sale, Lepanto
Consolidated Mining Co, appealed the DENR Secretarys decision to the Office of the
President. Lepanto invoked Sec. 40 of the Philippine Mining Act, which requires approval of
the President with respect to assignment or transfers of FTAAs.
Issue:
Whether the Philippine Mining Act of 1995 can be given retroactive application to the
Columbio FTAA (Note: The Columbio FTAA was entered into by the Philippine Government
and WMC Philippines on 22 March 1995, undoubtedly before the Philippine Mining Act of
1995 took effect on 14 April 1995).
Ruling:
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RIGHTS OF SUSPECTS
THE PEOPLE OF THE PHILIPPINES v. JAIME JOSE Y GOMEZ, et al., JAIME JOSE Y
GOMEZ, BASILIO PINEDA, JR., alias "BOY," EDGARDO AQUINO Y PAYUMO and
ROGELIO CAAL Y SEVILLA
G.R. No. L-28232, February 6, 1971, Per Curiam
The only instances where an accused is entitled to counsel before arraignment, if he
so requests, are during the second stage of the preliminary investigation and after the
arrest.
Facts:
An information was filed charging Jaime Jose Y Gomez, Basilio Pineda, Jr., Eduardo
Aquino Y Payumo And Rogelio Caal Y Sevilla as principals, Wong Lay Pueng, Silverio
Guanzon Y Romero and Jessie Guion Y Envoltario as accomplices, of the crime of Forcible
Abduction with rape committed against Magdalena "Maggie" de la Riva. Upon arraignment,
Basilio Pineda, Jr. pleaded guilty. However, the court reserved judgment "until such time as
the prosecution shall have concluded presenting all of its evidence to prove the aggravating
circumstances listed in the complaint." Upon the other hand, the rest of the defendants went
to trial on their respective pleas of not guilty. After the merits, the court below rendered its
decision finding the defendants guilty beyond reasonable doubt. Hence, the petition. The
admissibility of his extrajudicial statements was questioned by Jose on the other ground that
he was not assisted by counsel during the custodial interrogations. He cites the decisions of
the Supreme Court of the United States in Messiah vs. U.S. (377 U.S. 201), Escobedo vs.
Illinois (378 U.S. 478) and Miranda vs. Arizona (384 U.S. 436).
Issue:
Whether Jose was denied of his right to counsel under Art. III Sec. 1, par. 17 of the
1987 Constitution.
Ruling:
NO. While the said provision is identical to that in the Constitution of the United
States, in this jurisdiction the term criminal prosecutions was interpreted by this Court, in
U.S. vs. Beecham, 23 Phil., 258 (1912), in connection with a similar provision in the
Philippine Bill of Rights (Section 5 of Act of Congress of July 1, 1902) to mean proceedings
before the trial court from arraignment to rendition of the judgment. The only instances
where an accused is entitled to counsel before arraignment, if he so requests, are during the
second stage of the preliminary investigation (Rule 112, Section 11) and after the arrest
(Rule 113, Section 18). The rule in the United States need not be unquestioningly adhered to
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THE PEOPLE OF THE PHILIPPINES v. HON. JUDGE RUBEN AYSON, Presiding over
Branch 6, Regional Trial Court, First Judicial Region, Baguio City, and FELIPE
RAMOS
G.R. No. 85215, July 7, 1989, Narvasa, J.
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PEOPLE OF THE PHILIPPINES v. REY DENIEGA y MACOY, and HOYLE DIAZ y URNILLO
G.R. No. 103499, December 29, 1995, Kapunan, J.
Facts:
The naked body of Marlyn Canoy was found on a heap of garbage in Mt. Carmel
Church in New Manila, Quezon City. Police authorities arrested Rey Daniega. Following the
latter's arrest, and on the basis of a confession obtained by police authorities from him
during custodial investigation (where he allegedly admitted raping and killing Canoy),
appellant Hoyle Diaz was invited by the investigators for questioning. A second sworn
statement, substantially similar and corroborating many of the details of Daniega's sworn
affidavit, was later extracted from Diaz. Armed with the said extra-judicial confessions, an
Information was filed charging petitioners with the crime of Rape with Homicide.
Consequently, after hearing the appellants' testimonies, the lower court rendered its
Decision convicting the accused-appellants. Hence, the appeal.
Issue:
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NO. The actual custodial investigation was conducted at the police headquarters in
the absence of counsel. A thorough reading of the transcripts of the testimonies of the two
lawyers, Atty. Sansano and Atty. Rous, indicates that they appeared less as agents of the
accused during the alleged investigation than they were agents of the police authorities. In
the case before us, it was the police authorities who brought the accused, handcuffed, to the
IBP headquarters where the services of the lawyers were supposedly "engaged." No details
of the actual assistance rendered during the interrogation process were furnished or alleged
during the entire testimony of the lawyers in open court. The bulk of the lawyers' oral
testimonies merely gave the trial court assurance that they supposedly explained to the
appellants their constitutional rights, that the signatures present were their signatures and
those of the accused, and that the accused agreed to having the lawyers assist them during
the process of custodial investigation.
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BAIL
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PRESUMPTION OF INNOCENCE
Re: CONVICTION OF JUDGE ADORACION G. ANGELES, REGIONAL TRIAL COURT,
BRANCH 121, CALOOCAN CITY IN CRIMINAL CASE NOS. Q-97-69655 to 56 FOR
CHILD ABUSE
A.M. No. 06-9-545-RTC, January 31, 2008, Nachura, J.
It must be remembered that the existence of a presumption indicating the guilt of
the accused does not in itself destroy the constitutional presumption of innocence unless
the inculpating presumption, together with all the evidence, or the lack of any evidence or
explanation, proves the accused's guilt beyond a reasonable doubt. Until the accused's guilt
is shown in this manner, the presumption of innocence continues.
Facts:
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RIGHT TO BE INFORMED
NOE S. ANDAYA v. PEOPLE OF THE PHILIPPINES
G.R. No. 168486, June 27, 2006, Ynares-Santiago, J.
It is fundamental that every element constituting the offense must be alleged in the
information. The main purpose of requiring the various elements of a crime to be set out in
the information is to enable the accused to suitably prepare his defense because he is
presumed to have no independent knowledge of the facts that constitute the offense.
Facts:
An Information for Estafa through Falsification of Commercial Document was filed
against petitioner. Petitioner denied all the charges against him. The trial court ruled that all
the elements of falsification of private document were present. Petitioner moved for
reconsideration but was denied by the trial court. On appeal, the Court of Appeals affirmed
in toto the decision of the trial court and denied petitioners motion for reconsideration;
hence, the instant petition challenging the validity of his conviction for the crime of
falsification of private document. Preliminarily, petitioner contends that the Court of Appeals
contradicted the ruling of the trial court. He claims that the Court of Appeals stated in
certain portions of its decision that petitioner was guilty of estafa through falsification of
commercial document whereas in the trial courts decision petitioner was convicted of
falsification of private document.
Issue:
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PUBLIC TRIAL
RE: PETITION FOR RADIO AND TELEVISION COVERAGE OF THE MULTIPLE MURDER
CASES AGAINST MAGUINDANAO GOVERNOR ZALDY AMPATUAN
A.M. No. 10-11-5-SC, June 14, 2011, Carpio Morales, J.
A public trial is not synonymous with publicized trial; it only implies that the court
doors must be open to those who wish to come, sit in the available seats, conduct
themselves with decorum and observe the trial process.
Facts:
Petitioners seek the lifting of the absolute ban on live television and radio coverage of
court proceedings. Petitioners state that the trial of the Maguindanao Massacre cases has
attracted intense media coverage due to the gruesomeness of the crime, prominence of the
accused, and the number of media personnel killed. They inform that reporters are being
frisked and searched for cameras, recorders, and cellular devices upon entry, and that under
strict orders of the trial court against live broadcast coverage, the number of media
practitioners allowed inside the courtroom has been limited to one reporter for each media
institution.
Issue:
Whether the Court should grant the petitioners prayer for a live broadcast of the trial
court proceedings.
Ruling:
YES. The Court partially grants pro hac vice petitioners prayer for a live broadcast of
the trial court proceedings. One apparent circumstance that sets the Maguindanao Massacre
cases apart from the earlier cases is the impossibility of accommodating even the parties to
the cases the private complainants/families of the victims and other witnesses inside the
courtroom. On public trial, Estrada basically discusses:
A public trial is not synonymous with publicized trial; it only implies that the court
doors must be open to those who wish to come, sit in the available seats, conduct
themselves with decorum and observe the trial process.
Even before considering what is a reasonable number of the public who may observe
the proceedings, the peculiarity of the subject criminal cases is that the proceedings already
necessarily entail the presence of hundreds of families. It cannot be gainsaid that the
families of the 57 victims and of the 197 accused have as much interest, beyond mere
curiosity, to attend or monitor the proceedings as those of the impleaded parties or trial
participants. It bears noting at this juncture that the prosecution and the defense have listed
more than 200 witnesses each.
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RIGHT TO CONFRONTATION
HARRY L. GO, TONNY NGO, JERRY NGO and JANE GO v. THE PEOPLE OF THE
PHILIPPINES and HIGHDONE COMPANY, LTD., et al.
G.R. No. 185527, July 18, 2012, Perlas-Bernabe, J.
The procedure for taking depositions in criminal cases recognizes the prosecution's
right to preserve testimonial evidence and prove its case despite the unavailability of its
witness. It cannot, however, give license to prosecutorial indifference or unseemly
involvement in a prosecution witness' absence from trial. To rule otherwise would effectively
deprive the accused of his fundamental right to be confronted with the witnesses against
him.
Facts:
Petitioners were charged before the Metropolitan Trial Court (MeTC) of Manila for the
crime of Other Deceits under the Revised Penal Code. The private prosecutor filed with the
MeTC a Motion to Take Oral Deposition of Li Luen Ping, the prosecutions witness alleging
that he was being treated for lung infection at the Cambodia Charity Hospital in Laos,
Cambodia and that, upon doctor's advice, he could not make the long travel to the
Philippines by reason of ill health. Notwithstanding petitioners' Opposition, the MeTC granted
the motion after the prosecution complied with the directive to submit a Medical Certificate
of Li Luen Ping. Petitioners sought its reconsideration which the MeTC denied, prompting
petitioners to file a Petition for Certiorari before the RTC. The RTC granted the petition and
declared the MeTC Orders null and void. The RTC held that Section 17, Rule 23 on the taking
of depositions of witnesses in civil cases cannot apply suppletorily to the case since there is
a specific provision in the Rules of Court with respect to the taking of depositions of
prosecution witnesses in criminal cases, which is primarily intended to safeguard the
constitutional rights of the accused to meet the witness against him face to face. The
prosecution elevated the case to the CA. The CA promulgated the assailed Decision which
held that no grave abuse of discretion can be imputed upon the MeTC for allowing the
deposition-taking of the complaining witness Li Luen Ping.
Issue:
Whether the Order allowing the accused to merely take the depositions of its witness
violated the petitioners right of confrontation.
Ruling:
YES. The examination of witnesses must be done orally before a judge in open court.
This is true especially in criminal cases where the Constitution secures to the accused his
right to a public trial and to meet the witnessess against him face to face. The requirement
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TRIAL IN ABSENTIA
REYNALDO H. JAYLO, WILLIAM VALENZONA and ANTONIO G. HABALO v.
SANDIGANBAYAN (FIRST DIVISION), PEOPLE OF THE PHILIPPINES and HEIRS OF
COL. ROLANDO DE GUZMAN, FRANCO CALANOG and AVELINO MANGUERA
G.R. Nos. 183152-54, January 21, 2015, Sereno, C.J.
When the accused fail to present themselves at the promulgation of the judgment of
conviction, they lost the remedies of filing a motion for a new trial or reconsideration (Rule
121) and an appeal from the judgment of conviction (Rule 122).
Facts:
During the promulgation of the Sandiganbayans judgment, none of the accused
appeared despite notice. The court promulgated the decision in absentia, and the judgment
was entered in the criminal docket. The bail bonds of the accused were cancelled, and
warrants for their arrest issued. The counsel for the accused filed a Motion for Partial
Reconsideration of the Decision. The Sandiganbayan took no action on the motion and
ordered the implementation of the warrants for the arrest of the convicted accused. The
court ruled that the 15-day period from the promulgation of the judgment had long lapsed
without any of the accused giving any justifiable cause for their absence during the
promulgation. Under Section 6 of Rule 120 of the Rules of Court, Jaylo, Valenzona and Habalo
have lost the remedies available under the Rules against the Sandiganbayans judgment of
conviction, including the filing of a motion for reconsideration.
Issue:
Whether or not the petitioners may still avail of their remedies despite nonappearance during the promulgation of the judgment.
Ruling:
NO. The promulgation of judgment shall proceed even in the absence of the accused
despite notice. The promulgation in absentia shall be made by recording the judgment in the
criminal docket and serving a copy thereof to the accused at their last known address or
through counsel. The court shall also order the arrest of the accused if the judgment is for
conviction and the failure to appear was without justifiable cause.
If the judgment is for conviction and the failure to appear was without justifiable
cause, the accused shall lose the remedies available in the Rules of Court against the
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Whether the privilege of the Writ of Amparo should be extended to Engr. Morced
Ruling:
YES. The disappearance of Engr. Morced Tagitis is classified as an enforced
disappearance, thus the privilege of the Writ of Amparo applies. There was no direct
evidence indicating how the victim actually disappeared. The direct evidence at hand only
shows that Tagitis went out of the ASY Pension House after depositing his room key with the
hotel desk and was never seen nor heard of again. The undisputed conclusion, however,
from all concerned the petitioner, Tagitis colleagues and even the police authorities is
that Tagistis disappeared under mysterious circumstances and was never seen again.
The framers of the Amparo Rule never intended Section 5(c) to be complete in every
detail in stating the threatened or actual violation of a victims rights. As in any other
initiatory pleading, the pleader must of course state the ultimate facts constituting the
cause of action, omitting the evidentiary details. In an Amparo petition, however, this
requirement must be read in light of the nature and purpose of the proceeding, which
addresses a situation of uncertainty; the petitioner may not be able to describe with
certainty how the victim exactly disappeared, or who actually acted to kidnap, abduct or
arrest him or her, or where the victim is detained, because these information may purposely
be hidden or covered up by those who caused the disappearance. In this type of situation, to
require the level of specificity, detail and precision that the petitioners apparently want to
read into the Amparo Rule is to make this Rule a token gesture of judicial concern for
violations of the constitutional rights to life, liberty and security.
The petition should likewise be read in its totality, rather than in terms of its isolated
component parts, to determine if the required elements namely, of the disappearance, the
State or private action, and the actual or threatened violations of the rights to life, liberty or
security are present.
Owing to the summary nature of the proceedings for the writ and to facilitate the
resolution of the petition, the Amparo Rule incorporated the requirement for supporting
affidavits, with the annotation that these can be used as the affiants direct testimony. This
requirement, however, should not be read as an absolute one that necessarily leads to the
dismissal of the petition if not strictly followed. Where, as in this case, the petitioner has
substantially complied with the requirement by submitting a verified petition sufficiently
detailing the facts relied upon, the strict need for the sworn statement that an affidavit
represents is essentially fulfilled. The failure to attach the required affidavits was fully cured
when the respondent and her witness (Mrs. Talbin) personally testified in the CA hearings
held to swear to and flesh out the allegations of the petition. Thus, even on this point, the
petition cannot be faulted.
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Infant JULIAN YUSA Y CARAM, represented by his mother, MA. CHRISTINA YUSAY
CARAM v. Atty. MARIJOY D. SEGUI, Atty. SALLY D. ESCUTIN, VILMA B. CABRERA,
and CELIA C. YANGCO
G.R. No. 193652, August 5, 2014, Villarama, Jr., J.
The writ of amparo is confined only to cases of extrajudicial killings and enforced
disappearances, or to threats thereof.
Facts:
Ma. Christina Yusay Caram had a child with Marcelino Gicano Constantino III as a
result of their amorous relationship. Later, the child was given up for adoption without the
knowledge of Marcelino. Due to the death of Marcelino, Christina disclosed to Marcelinos
family that she and the deceased had a son that she gave up for adoption. Thereafter, the
family vowed to help her recover and raise the baby. In the meantime, the DSWD, through
Secretary Esperanza I. Cabral issued a certificate declaring Baby Julian as "Legally Available
for Adoption." Baby Julian was "matched" with the spouses Vergel and Filomina Medina.
Christina who had changed her mind about the adoption, wrote a letter to the DSWD
asking for the suspension of Baby Julians adoption proceedings. The request was denied
due to prescription and Christina was advised that should she wish to reacquire her parental
authority over Baby Julian or halt the adoption process, she may bring the matter to the
regular courts as the reglementary period for her to regain her parental rights had already
lapsed under Section 7 of Republic Act (R.A.) No. 9523.
Due to this, Christina filed a petition for the issuance of a Writ of Amparo before the
RTC of Quezon City. The RTC dismissed the petition for issuance of a Writ of Amparo and held
that Christina availed of the wrong remedy to regain custody of her child Baby Julian.
Issue:
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EDGARDO NAVIA, RUBEN DIO, and ANDREW BUISING v. VIRGINIA PARDICO, for and
in behalf and in representation of BENHUR V. PARDICO
G.R. No. 184467, June 19, 2012, Del Castillo, J.
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SELF-INCRIMINATION CLAUSE
FRANCISCO BELTRAN v. FELIX SAMSON, Judge of the Second Judicial District, and
FRANCISCO JOSE, Provincial Fiscal of Isabela
G.R. No. 32025, September 23, 1929, Romualdez, J.
The act of writing for the purpose of comparing a persons handwriting constitutes
evidence against himself within the scope and meaning of the right against selfincrimination.
Facts:
Petitioner Beltran complains that respondent Judge Samson ordered him to appear
before the provincial fiscal to take dictation in his own handwriting from the latter. The order
was given upon petition of Fiscal Jose for the purpose of comparing the Beltran's handwriting
and determining whether or not it is he who wrote certain documents supposed to be
falsified.
Issue:
Whether the writing from the fiscal's dictation by the petitioner for the purpose of
comparing the latter's handwriting constitutes evidence against himself within the scope
and meaning of the right against self-incrimination.
Ruling:
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The kernel of the right against self-incrimination is not against all compulsion, but
against testimonial compulsion. It does not apply where the evidence sought to be excluded
is not an incrimination but as part of object evidence.
Facts:
Fe Angela and her son Martin Prollamante sued Martins alleged biological father,
Arnel L. Agustin, for support and support pendente lite before the Regional Trial Court (RTC)
of Quezon City, Branch 106. For his part, Agustin denied being the father of the child. Later,
Fe and Martin moved for the issuance of an order directing all the parties to submit
themselves to DNA paternity testing pursuant to Rule 28 of the Rules of Court. Arnel
opposed said motion by invoking his constitutional right against self-incrimination. The trial
court ordered the parties to submit themselves to DNA paternity testing at the expense of
the applicants. The Court of Appeals affirmed the trial court. Thus, this petition.
Issue:
Whether DNA paternity testing can be considered as a violation of the constitutional
right against self-incrimination.
Ruling:
NO. The kernel of the right is not against all compulsion, but against testimonial
compulsion. The right against self-incrimination is simply against the legal process of
extracting from the lips of the accused an admission of guilt. It does not apply where the
evidence sought to be excluded is not an incrimination but as part of object evidence.
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DOUBLE JEOPARDY
PEOPLE OF THE PHILIPPINES v. THE SANDIGANBAYAN (FOURTH DIVISION) and
ALEJANDRO A. VILLAPANDO
G.R. No. 164185, July 23, 2008, Quisumbing, J.
A judgment rendered with grave abuse of discretion or without due process is void,
does not exist in legal contemplation and, thus, cannot be the source of an acquittal on the
basis of double jeopardy.
Facts:
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Issue:
Whether the order granting the demurrer to evidence amounts to an acquittal and
any further prosecution of the accused would violate the constitutional proscription on
double jeopardy.
Ruling:
NO. Although the Court held in the case of People v. Sandiganbayan (G.R. No.
140633) that once a court grants the demurrer to evidence, such order amounts to an
acquittal and any further prosecution of the accused would violate the constitutional
proscription on double jeopardy, the Court held in the same case that such ruling on the
matter shall not be observed when there is a grave abuse of discretion on the part of the
court rendering the judgment.
In this case, the Sandiganbayan, Fourth Division, in disregarding basic rules of
statutory construction, acted with grave abuse of discretion. Notably, a judgment rendered
with grave abuse of discretion or without due process is void, does not exist in legal
contemplation and, thus, cannot be the source of an acquittal.
In cases where the accused was acquitted by the trial court for insufficiency of
evidence without grave abuse of discretion on its part, the same case cannot be elevated
via petition for certiorari without violating the rule against double jeopardy.
Facts:
Honorato Galvez, Mayor of San Ildefonso, and Godofredo Diego, a municipal
employee and alleged bodyguard of the mayor were charged with murder and frustrated
murder before the Regional Trial Court of Malolos, Bulacan. The trial court found the accused
Godofredo Diego guilty beyond reasonable doubt of the crimes of murder and double
frustrated murder. However, it acquitted Mayor Honorato Galvez of the same charges due to
insufficiency of evidence. It also absolved him from the charge of illegal carrying of firearm
upon its finding that the act was not a violation of law. Hence, this present Petition for
Certiorari.
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acquittal
violates
the
Ruling:
YES. The prosecution cannot appeal or bring error proceedings from a judgment in
favor of the defendant in a criminal case in the absence of a statute clearly conferring that
right. The problem comes into sharper focus when the defendant contends, in effect, that
the prosecution is attempting to accomplish by the writ what it could not do by appeal, and
that his constitutional rights are being thus encroached upon.
Philippine jurisprudence has been consistent in its application of the Double Jeopardy
Clause such that it has viewed with suspicion, and not without good reason, applications for
the extraordinary writ questioning decisions acquitting an accused on ground of grave abuse
of discretion.
The petition at hand which seeks to nullify the decision of respondent judge
acquitting the accused Honorato Galvez goes deeply into the trial court's appreciation and
evaluation in esse of the evidence adduced by the parties. A reading of the questioned
decision shows that respondent judge considered the evidence received at trial. These
consisted among others of the testimonies relative to the positions of the victims vis--vis
the accused and the trajectory, location and nature of the gunshot wounds, and the opinion
of the expert witness for the prosecution. While the appreciation thereof may have resulted
in possible lapses in evidence evaluation, it nevertheless does not detract from the fact that
the evidence was considered and passed upon. This consequently exempts the act from the
writs limiting requirement of excess or lack of jurisdiction. As such, it becomes an improper
object of and therefore non-reviewable by certiorari.
The doctrine that reckless imprudence under Article 365 is a single quasi-offense by
itself and not merely a means to commit other crimes such that conviction or acquittal of
such quasi-offense bars subsequent prosecution for the same quasi-offense, regardless of
its various resulting acts.
Facts:
Following a vehicular collision, Jason Ivler was charged before the Metropolitan Trial
Court of Pasig City, Branch 71, with two separate offenses: (1) Reckless Imprudence
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The rule on ex post facto law does not apply when the laws involved are not penal
Facts:
Former President Fidel Ramos issued Administrative Order No. 13 creating the
Presidential Ad Hoc Fact-Finding Committee on Behest Loans, and Memorandum Order No.
16, wherein the functions of the Committee were subsequently expanded. Several loan
accounts were referred to the Committee for investigation, including the loan transactions
between Metals Exploration Asia, Inc. (MEA), now Philippine Eagle Mines, Inc. (PEMI) and the
Development Bank of the Philippines (DBP). The Committee determined that they bore the
characteristics of behest loans, as the stockholders and officers of PEMI were known cronies
of then President Ferdinand Marcos; that the loan was under-collateralized; and PEMI was
undercapitalized at the time the loan was granted. Atty. Orlando Salvador, Consultant of the
Committee, and representing the Presidential Commission on Good Government (PCGG),
filed with the Office of the Ombudsman a sworn complaint for violations of R.A. No. 3019, or
the Anti-Graft and Corrupt Practices Act, against the respondents. It is contended that the
administrative orders issued by the President are ex post facto laws and therefore should be
striken down.
Issue:
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CITIZENSHIP
The phrase reasonable time has been interpreted to mean that the election of
Philippine citizenship should be made within 3 years from reaching the age of majority.
However, this period may be extended under certain circumstances, but such extension is
not definite.
Facts:
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YES. Arnado, after reacquiring his Philippine citizenship, renounced his American
citizenship by executing an Affidavit of Renunciation, thus completing the requirements for
eligibility to run for public office. By renouncing his foreign citizenship, he was deemed to be
solely a Filipino citizen, regardless of the effect of such renunciation under the laws of the
foreign country. However, this legal presumption does not operate permanently and is open
to attack when, after renouncing the foreign citizenship, the citizen performs positive acts
showing his continued possession of a foreign citizenship. While the act of using a foreign
passport is not one of the acts enumerated in CA No. 63 constituting renunciation and loss of
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IN RE: APPLICATION FOR PHILIPPINE CITIZENSHIP OF CHAN TECK LAO, CHAN TECK
LAO v. REPUBLIC OF THE PHILIPPINES
G.R. No. L25300, January 4, 1974, Fernando, J.
No retroactive effect is to be given to a judicial pronouncement that would impose on
a party proceeded against in a denaturalization proceeding a requirement not in existence
at a time that his application was heard and favorably acted on.
Facts:
Chan Teck Lao filed an application for naturalization but the same was denied. In
1950, upon appeal, the SC reversed the decision. In 1962, the Office of the Solicitor General
then caused the cancellation of the certificate of naturalization because there was no
showing or proof that the Nueva Era was a newspaper of general circulation in the province
of Tarlac, where the petitioner then resided. This is because a subsequent ruling in a petition
for cancellation of naturalization case was made by the Court which states that there is a
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