Page 1 of 33

Case Digests in Human Rights Law (assigned last July 29, Employer FILED

2017)
>Injunction to stop the illegal strike, with the NLRC alleging

#1 among others:

Bisig ng Manggagawa sa Concrete Aggregates, Inc. v. a.The April 6, 1992 strike was a Wild-cat strike, in that there

NLRC (GR No. 105090; September 16, 1993 was no notice of strike, it did not comply with the cooling off

period, and there was apending mediation proceeding

Issue: Can the right to strike be enjoined by injunction?
scheduled on 10 Apr.

The petitioner (Bisig ng Manggagawa sa Concrete

b.That during the strike the union impeded the ingress and
Aggregates, Inc.) (BIMCAI) is the union representing the
egress to the premises by setting up makeshifts, tents,
employees of the employer (private respondent - Concrete
banners, streamers, and other man-made obstructions.
Aggregates, Inc.)
c.That the union had (and still is) doing other illegal acts such
Facts:
as threats, intimidation, and coercions against persons with

1.April 6, 1992 - The union picketed several (6) premises of lawful business with the employer.

their employer(Bagumbayan and Longos in Q.C.; Angono and

3. April 13, 1992 NLRC heard the petition ex parte, for failure
Antipolo in Rizal; San Fernando,Pampanga; and San Pedro
of the union to appear, NLRC issued a TRO.
Laguna.)a.The union was protesting : ULP and Union Busting.

2. April 8, 1992
Page 2 of 33

a. Apparently the union was not notified of the petition, the a. Next day (March 5, 1992) the union opposed the motion on

company misrepresented its address (Rm. 205-6 Herald Bldg., the ground that they were never furnished a copy of the

Muralla St., Intramuros, Manila.) petition for injunction.

b. Neither did the union get a copy of the TRO, it only learned 7.NLRC

of it when it was posted on April 15, 1992 in the premises of

(Same day that union opposed, just one day after the union
the company
was notified): issued the disputed order, GRANTED

4. April 24, 1992 the Union in turn FILED Employer’s Preliminary Injunction against the union, based on

testimonies, that:
>Injunction, to enjoin the company from asking the aid of

police and military to escort scabs (Case really said scabs, but a. Despite TRO strike continued

it should probably have been people and vehicles) from

b. By forming a human blockade, the union prevented vehicles
entering theestablishment.
from entering the premises

5. April 30, 1992- the employer filed a Motion for the

c. By force and intimidation prevented the non striking
Immediate Issuance of Preliminary Injunction alleging:
employees from going to work

>that the union was still committing illegal acts complained of

d.“Wala kaming pakielem sa TRO ninyo…Bubugbugin namin
despite the TRO.
kayo pagkayo nagpilit”e.Ramon Bana, Union President:

6. March 4, 1992 - Union was notified of the motion.

Page 3 of 33

“sisimentuhin naming ang gates ngConcrete Aggregate na weapon. In recognition of its importance, our Constitution has

kahit ipis as hindi makakpasok” accorded this right a distinct status while our laws have

assured that its rightful exercise will not be negated by the

8.Union filed the instant petition for certiorari
issuance of unnecessary injunctions.
Issue:
b. Industrial Peace Act: congress have statutory recognition to
W/N the issuance of the Preliminary Injunction against the the right to strike.
union was proper?
c. Martial Law: prohibited the right to strike for 14years
Held:
d.1987 Constitution: treated labor with a favored eye. For the
NO. It violated their right to strike, and it did not comply with first time in our history the constitution mandated: Par.2, §9,
the Labor Code’s requirements for the issuance of an Art XIII to guarantee the rights of all workers to self-
injunction. organization, collective bargaining and negotiations, and

1. peaceful concerted activities,including the right to strike in

accordance with law.

Phil. History of the right to Strike
e. Labor Code, implementing law of the constitutional
a. Justice Puno’s opening statement at the start of the case:
provision, provided §218 (e)giving specific requisites for

The restoration of the right to strike is the most valuable gain issuance of injunctions.

of labor after the EDSA revolution. It is the employee’s sole

Page 4 of 33

2. growing out of a labor dispute as defined in this

Code shall be issued except after hearing the

NLRC’s Preliminary injunction was improper. Non-compliance
testimony of witnesses, with opportunity for
with§218(3) subpar 4 and 5
cross-examination, in support of the allegations

Art. 218. Powers of the Commission. — The of a complaint made under oath, and testimony

Commission shall have the power and in opposition thereto, if offered, and only after a

authority: finding of fact by the commission, to the effect:

xxx xxx xxx (1) That prohibited or unlawful acts have been

threatened and will be committed and will be

(e) To enjoin or restrain any actual or
continued unless restrained but no injunction or
threatened commission of any or all prohibited
temporary restraining order shall be issued on
or unlawful acts or to require the performance
account of any threat, prohibited or unlawful
of a particular act in any labor dispute which, if
act, except against the person or persons,
not restrained or performed forthwith, may
association or organization making the threat or
cause grave or irreparable damage to any party
committing the prohibited or unlawful act or
or render ineffectual any decision in favor of
actually authorizing or ratifying the same after
such party: Provided, That no temporary or
actual knowledge thereof;
permanent injunction in any case involving or
Page 5 of 33

(2) That substantial and irreparable injury to officials of the province or city within which the unlawful have

complainants property will follow; been threatened or committed charged with the duty to protect

complainant's property: . . .
(3) That as to each item of relief to be granted,

greater injury will be inflicted upon complainant a. Affidavits used by the company in proving the continued

by the denial of relief than will be inflicted upon strike despite the TRO was controverted upon presentation to

defendants by the granting of relief; the labor abiter.

b. No less than the company’s operations manager,

(4) That complainant has no adequate remedy
Mr.Mercado, further testified that after the issuance of the
at law; and
TRO, the barricades were removed.

(5) That the public officers charged with the

c. Mr. Mercado and Atty. Jolo(personnel manager) also
duty to protect complainants property are
testified that public authorities charged to protect the
unable or unwilling to furnish adequate
company’s properties were neither unwilling nor unable to
protection.
furnish adequate protection. As a matter of fact, police

Such hearing shall be held after due and personal notice assistance was never requested.

thereof has been served, in such manner as the Commission

3. Records reveal continuing misuse of unfair strategies by the
shall direct, to all known persons against whom relief is
company to secure the ex-parte TRO.
sought, and also to the Chief Executive and other public
Page 6 of 33

a. The union was never furnished a copy of the petition for 5. Nor does the court find baseless the allegation by the union

injunction. that NLRC had neglected to resolves their injunction.

b. They were denied the right to attend the April 13, 1992 a. The company’s prayer for ex-parte TRO was heard and

hearing where the TRO was issued. granted on the same day.

4. Issuance of ex-parte TRO is not per se prohibited BUT it b. The company’s petition for preliminary injunction was filed

must be clearly justified by considerations of extreme April 30, 1992 and was granted less than a week after May 5,

necessity. 1992.

a. Because imprudently issued TRO’s can break the back of c. On the other hand, the union’s petition has not yet been

employees engaged in a legal strike. heard nor decided.

b. The deleterious effects of such a TRO on the rights of d. The disparate treatment is inexplicable considering the

striking employees can no longer be repaired for they defy subject matters of their petition are of similar importance to the

simple monetization. parties and to the public.

c. As such it behooves officers receiving evidence to support WHEREFORE GRANTED: PRELIMINARY INJUNCTION

ex-parte evidence to take a more active stance seeing to it that (against strikingworkers)ANNULED & SET ASIDE

the right to social justice is in no way violated.

Further: NLRC is ordered to hear and resolve with deliberate

speed union’spetition for injunction filed on 30 April 1992.

Page 7 of 33

Case Digests in Human Rights Law (assigned last July 29, -Petitioners contend that the court made reversible error in

2017) taking cognizance on the subject matter since the jurisdiction

lies on the DOLE or the National Labor Relations Commission

#2
as the case involves a labor dispute.
SSS Employees Association v. CA (GR No. 85279: July 28,
-The SSS contends on one hand that the petitioners are
1989)
covered by the Civil Service laws, rules and regulation thus
Facts: have no right to strike. They are not covered by the NLRC or

>The petitioners went on strike after the SSS failed to act upon DOLE therefore the court may enjoin the petitioners from

the union’s demands concerning the implementation of their striking.

CBA. Issue: Whether or not SSS employers have the right to strike?

>SSS filed before the court action for damages with prayer for Ruling:
writ of preliminary injunction against petitioners for staging an
>The petitioners (SSS Employees) have no right to strike.
illegal strike.

>The Constitutional provisions enshrined on Human Rights

-The court issued a temporary restraining order pending the
and Social Justice provides guarantee among workers with the
resolution of the application for preliminary injunction while
right to organize and conduct peaceful concerted activities
petitioners filed a motion to dismiss alleging the court’s lack of
such as strikes.
jurisdiction over the subject matter.
Page 8 of 33

-On one hand, Section 14 of E.O No. 180 provides that “the employees are part of the civil service and are covered by the

Civil Service law and rules governing concerted activities and Civil Service Commission’s memorandum prohibiting strikes.

strikes in the government service shall be observed, subject to

> Since the terms and conditions of government employment
any legislation that may be enacted by Congress” referring to
are fixed by law, government workers cannot use the same
Memorandum Circular No. 6, s. 1987 of the Civil Service
weapons employed by workers in the private sector to secure
Commission which states that “prior to the enactment by
concessions from their employers.
Congress of applicable laws concerning strike by government

employees enjoins under pain of administrative sanctions, all -The principle behind labor unionism in private industry is that

government officers and employees from staging strikes, industrial peace cannot be secured through compulsion by

demonstrations, mass leaves, walk-outs and other forms of law. Relations between private employers and their employees

mass action which will result in temporary stoppage or rest on an essentially voluntary basis.

disruption of public service.” Therefore in the absence of any -Subject to the minimum requirements of wage laws and other
legislation allowing govt. employees to strike they are labor and welfare legislation, the terms and conditions of
prohibited from doing so. employment in the unionized private sector are settled through

In Sec. 1 of E.O. No. 180 the employees in the civil service are the process of collective bargaining.

denominated as “government employees” and that the SSS is -In government employment, however, it is the legislature and,
one such government-controlled corporation with an original where properly given delegated power, the administrative
charter, having been created under R.A. No. 1161, its heads of government which fix the terms and conditions of
Page 9 of 33

employment. And this is effected through statutes or

administrative circulars, rules, and regulations, not through

collective bargaining agreements.

Neither the DOLE nor the NLRC has jurisdiction over the

subject matter but instead it is the Public Sector Labor-

Management Council which is not granted by law authority to

issue writ of injunction in labor disputes within its jurisdiction

thus the resort of SSS before the general court for the

issuance of a writ of injunction to enjoin the strike is

appropriate.
Page 10 of 33

Case Digests in Human Rights Law (assigned last July 29, >July 10, 1958 – the respondent (SSS) received a death claim

2017) application from petitioner for and in behalf of the designated

beneficiaries of the deceased employee.

#3

- After processing the claim the System found that no premium

Baker v. SSS (GR No. L-17361; April 29, 1963)
remittances had been made for him for the months of
Facts: February, March, and June, 1958.

>The petitioner is a company engaged in the manufacture of - Of the unpaid premiums, P5.85 was chargeable to the
desiccated coconut in San Pablo City. The deceased (Tomas employee while P8.18 was due from the employer- petitioner.
Zamora) was an employee of the petitioner and both were The employee’s share of the unpaid premiums was
compulsory members of SSS. subsequently deducted from the death benefits awarded to his

- Due to the annual overhauling of its machinery and also to beneficiaries and the System billed petitioner for its share.

lack of production orders from its mother company in the Issue: Is the employer (petitioner) liable to pay the

United States petitioner temporarily ceased its operations from contributions of the employee in this case even if the latter was

December 22, 1957 to February 18, 1958. not able to work due to the fact that the employer ceased its

operations?
-Tomas Zamora rendered no actual services during that

period. He then went on sick leave without pay from March 9, Ruling:

1958, up to the day of his death, June 13, 1958.

Page 11 of 33

>Yes, the employer (petitioner) is liable to pay the contribution In the present case:

of the employee in this case even if the latter was not able to
>The employer (petitioner) is still liable to pay the contributions
work due to the fact that the employer ceased its operations.
of the employee even if the latter was not able to work due to

- Payment of contributions by an employer is compulsory the fact that the employer ceased temporarily ceased its

during its coverage, and in accordance with the provisions of operations because of its annual overhauling of its machinery

Section 9 of the Social Security Act, coverage is determined and also to lack of production orders from its mother company

solely by the existence of an employer-employee relationship. in the United States, because there was still an employer-

employee relationship and the contract of employment was not

- While an employee is on leave, even without pay, he is still
yet terminated.
an employee of his employer, their contract of employment has

not yet terminated.

- So much so that the employee may still return to work and

the employer is still bound to accept him.His responsibility as

an employee still exists. He is still entitled to the benefits of the

System when he returns.

- Consequently, his employer is still liable to pay his

contributions to the Commission on account of its employee

who is on leave without pay.

Page 12 of 33

Case Digests in Human Rights Law (assigned last July 29, copulation. Defendant did not submit herself to the

2017) examination and the court entered a decree annulling the

marriage. The City Attorney filed a Motion for Reconsideration,

#4
among the grounds that the defendant’s impotency has not
JIMENEZ VS. REPUBLIC OF THE PHILIPPINES been satisfactorily established as required by law; that she had

109 PHIL 273 (GR NO. L-12790; AUGUST 31, not been physically examined because she refused to be
1960
examined.

FACTS:
ISSUE: Whether or not the marriage may be annulled on the
Plaintiff Joel Jimenez filed a complaint praying of a
strength only of the lone testimony of the husband who
decree annulling his marriage with Remedios Canizares. He
claimed and testified that his wife is impotent.
claimed that the orifice of her genitals was too small to allow

the penetration of a male organ or penis for copulation. He

HELD:
also claimed that the condition of her genitals existed at the
No, the marriage may not be annulled annulled on the
time of marriage and continues to exist. The wife was
strength only of the lone testimony of the husband who
summoned and served with a copy of the complaint but she
claimed and testified that his wife is impotent.
did not file an answer. The court entered an order requiring
Marriage in this country is an institution in which the
defendant to submit to a physical examination by a competent
community is deeply interested. The state has surrounded it
lady physician to determine her physical capacity for
Page 13 of 33

with safeguards to maintain its purity, continuity and Although her refusal to be examined or failure to

permanence. The security and stability of the state are largely appear in court show indifference on her part, yet from such

dependent upon it. It is the interest of each and every member attitude the presumption arising out of the suppression of

of the community to prevent the bringing about of a condition evidence could not arise or be inferred because women of this

that would shake its foundation and ultimately lead to its country are by nature coy, bashful and shy and would not

destruction. The incidents of the status are governed by law, submit to a physical examination unless compelled to by

not by will of the parties. competent authority.

The law specifically enumerates the legal grounds that A physical examination in this case is not self-

must be proved to exist by indubitable evidence to annul a incriminating. She is not charged with any offense . She is not

marriage. In the case at bar, the annulment of the marriage in being compelled to be a witness against herself.

question was decreed upon the sole testimony of the husband “Impotency being an abnormal condition should not be

who was expected to give testimony tending or aiming at presumed. The presumption is in favor of potency.” The lone

securing the annulment of his marriage he sought and seeks. testimony of the husband that his wife is physically incapable

Whether the wife is really impotent cannot be deemed to have of sexual intercourse is insufficient to tear asunder the ties that

been satisfactorily established because from the have bound them together as husband and wife.Ruling: The

commencement of the proceedings until the entry of the decree appealed from is set aside and the case remanded to

decree she had abstained from taking part therein. the lower court for further proceedings in accordance with this

decision, without pronouncement as to costs.

Page 14 of 33

Case Digests in Human Rights Law (assigned last July 29, 3. Fr. Pedro Sevilla, the school's Director, that the

2017) compromises she was offering were unacceptable, their

decision was final, and that it were better for her to seek for
#5
admission at the UST Graduate School
Garcia v. The Faculty Admission Committee, Loyola
4. Petitioner then subsequently made inquiries in said school,
School of Theology (GR No. L-40779; November 28, 1975)
as to the possibilities for her pursuing her graduate studies for
Facts: an for M.A. in Theology, and she was informed that she could

1. That in summer, 1975, Respondent admitted Petitioner for enroll at the UST Ecclesiastical Faculties, but that she would

studies leading to an M.A.in Theology; have to fulfill their requirements for Baccalaureate in

Philosophy in order to have her degree later in Theology —

2. That on May 30, 1975, when Petitioner wanted to enroll for
which would entail about four to five years more of studies —
the same course for the first semester, 1975-1976 respondent
whereas in the Loyola School of Studies to which she is being
told her about the letter he had written her, informing her of the
unlawfully refused readmission, it would entail only about two
faculty's decision to bar her from re-admission in their school
years more.
reason in the letter: Petitioner’s frequent questions and

difficulties had the effect of slowing down the progress of the 5. She prayed for a writ of mandamus for the purpose of

class. allowing her to enroll in the current semester.

Page 15 of 33
Issue:
Whether or not the Faculty Admissions Committee had
authority and discretion inallowing petitioner to continue
studying or not?
Ruling:
>Yes the Faculty Admissions Committee had authority and
discretion in allowing petitioner to continue studying or not .
Being a particular educational institution (seminary). Petitioner
cannot compel the mandamus to admit her into further studies
since the respondent had no clear duty to admit the petitioner.
That respondent Fr. Lambino and Loyola School of Technology
has the discretion whether to admit the petitioner or not.
Factors that were considered are academic standards,
personality traits, character orientation and nature of Loyola
School of Theology as a seminary.
> The 1987 Philippine Constitution provides academic to
institutions of higher learning which refer to school or college
itself.
- It would follow then that the school or college itself is
possessed of such a right. It decides for itself its aims and
objectives and how best to attain them. It is free from outside
coercion or interference save possibly when the overriding
public welfare calls for some restraint. It has a wide sphere of
autonomy certainly extending to the choice of students. This
constitutional provision is not to be construed in a niggardly
manner or in a gradging fashion. That would be to frustrate its
purpose, nullify its intent.
>'The internal conditions for academic freedom in a university
are that the academic staff should have de facto control of the
following functions: (i) the admission and examination of
students; (ii) the curricula for courses of study; (iii) the
appointment and tenure of office of academic staff; and (iv) the
allocation of income among the different categories of
Page 16 of 33

expenditure. It would be a poor prospect for academic freedom

if universities had to rely on the literal interpretation of their

constitutions in order to acquire for their academic members

control of these four functions, for in one constitution or

another most of these functions are laid on the shoulders of

the law governing body .

- The business of a university and the four essential freedoms

in the following language: "It is the business of a university to

provide that atmosphere which is most conducive to

speculation, experiment and creation. It is an atmosphere in

which there prevail "the four essential freedoms" of a

university — to determine for itself on academic grounds who

may teach, what may be taught, how it shall be taught, and

who may be admitted to study." Thus is reinforced the

conclusion reached by us that mandamus does not lie in this

case.
Page 17 of 33

Case Digests in Human Rights Law (assigned last July 29,  she wished to terminate her pregnancy by an abortion

2017) "performed by a competent, licensed physician, under

safe, clinical conditions;

#6

 she was unable to get a "legal" abortion in Texas

Roe v. Wade (1973)
because her life did not appear to be threatened by the
Facts: continuation of her pregnancy;

>The petitioner (Jane Roe), is a single woman who was  she could not afford to travel to another jurisdiction in
residing in Dallas County, Texas. order to secure a legal abortion under safe conditions;

-She filed an action regarding the constitutionality of the law  she claimed that the Texas statutes were
passed in the State of Texas which prohibits abortion except unconstitutionally vague and that they abridged her
with respect to an abortion procured or attempted by medical right of personal privacy, protected by the First, Fourth,
advice for the purpose of saving the life of the mother. Fifth, Ninth, and Fourteenth Amendments.

-She alleged that: Issue: Is abortion legal?

 she was unmarried and pregnant; Ruling:

>Yes, abortion is legal.

Page 18 of 33
>It was ruled that in the Ninth Amendment of the US
Constitution’s reservation of rights to the people, is broad
enough to encompass a woman's decision whether or not to
terminate her pregnancy.
- The detriment that the State would impose upon the pregnant
woman by denying this choice altogether is apparent. Specific
and direct harm medically diagnosable even in early
pregnancy may be involved.
- Maternity, or additional offspring, may force upon the woman
a distressful life and future.
- Psychological harm may be imminent. Mental and physical
health may be taxed by child care. There is also the distress,
for all concerned, associated with the unwanted child, and
there is the problem of bringing a child into a family already
unable, psychologically and otherwise, to care for it.
- In other cases, as in this one, the additional difficulties and
continuing stigma of unwed motherhood may be involved. All
these are factors the woman and her responsible physician
necessarily will consider in consultation.
> We, therefore, conclude that the right of personal privacy
includes the abortion decision, but that this right is not
unqualified and must be considered against important state
interests in regulation.
> The Constitution does not define "person" in so many words.
Section 1 of the Fourteenth Amendment contains three
references to "person." The first, in defining "citizens," speaks
of "persons born or naturalized in the United States."
- Person" is used in other places in the Constitution: in the
listing of qualifications for Representatives and Senators; in
the Apportionment Clause; in the Migration and Importation
provision; in the Emolument Clause; in the Electors provisions;
in the provision outlining qualifications for the office of
President.
Page 19 of 33

- But in nearly all these instances, the use of the word is such to the medical judgment of the pregnant woman's attending

that it has application only postnatally. None indicates, with physician.

any assurance, that it has any possible pre-natal application.

(b) For the stage subsequent to approximately the end of the

-All this, together with our observation, supra, that throughout first trimester, the State, in promoting its interest in the health

the major portion of the 19th century prevailing legal abortion of the mother, may, if it chooses, regulate the abortion

practices were far freer than they are today, persuades us that procedure in ways that are reasonably related to maternal

the word "person," as used in the Fourteenth Amendment, health.

does not include the unborn.

(c) For the stage subsequent to viability, the State in promoting

To summarize and to repeat: its interest in the potentiality of human life[410 U.S. 113,

165] may, if it chooses, regulate, and even proscribe,

1. A state criminal abortion statute of the current Texas type,
abortion except where it is necessary, in appropriate medical
that excepts from criminality only a life-saving procedure on
judgment, for the preservation of the life or health of the
behalf of the mother, without regard to pregnancy stage and
mother.
without recognition of the other interests involved, is violative

of the Due Process Clause of the Fourteenth Amendment.

(a) For the stage prior to approximately the end of the first

trimester, the abortion decision and its effectuation must be left

Page 20 of 33

Case Digests in Human Rights Law (assigned last July 29, Both Eleazar and Marissa accomplished the dorsal side of the

2017) certificate of live birth stating that the information contained

therein were true and correct. In addition, Eleazar executed an

#7
affidavit admitting paternity of the child.
Mossesgeld v. CA (GR No. 111455; December 23, 1998)

Case Doctrines: The person in charge at the hospital refused to place Calasan

as the child’s surname in the certificate of live birth; hence,

● Illegitimate children shall use the surname of the mother ,
Eleazar himself submitted the certificate to the office of the
and this is rule regardless of whether or not the father admits
local civil registrar of Mandaluyong, for registration. The local
paternity.
civil registrar denied the registration on the basis of Circular

No. 4, dated October 11, 1988, of the Civil Registrar General,

● Mandamus does not lie to compel the performance of an act
providing that under Article 176 of the Family Code of the
prohibited by law
Philippines, illegitimate children born on or after August 3,

1988, shall use the surname of their mother.

Facts: In 1989, Marissa Mossesgeld (single), gave birth to a

Eleazar filed with the Regional Trial Court of Pasig a petition
baby boy. The father, one Eleazar Calasan (married), signed
for mandamus to compel the Local Civil Registrar of
the birth certificate of the child as the informant, indicating
Mandaluyong to register the certificate of live birth of his
therein the child’s name as Jonathan Mossesgeld Calasan.
Page 21 of 33

alleged illegitimate son using his surname. The RTC denied under the parental authority of their mother, and shall be

the petition. Eleazar filed a motion for reconsideration. Later, entitled to support in conformity with this Code.”

he filed a motion for leave to amend petition and to admit

amended petition, substituting the child’s mother Marissa A. This is the rule regardless of whether or not the father admits

Mossesgeld as the petitioner. The MR was denied. The CA paternity. Consequently, the Local Civil Registrar correctly

affirmed the decision. refused to register the certificate of live birth of petitioner’s

illegitimate child using the surname of the alleged father, even

Issue: with the latter’s consent. Of course, the putative father, though

Is an illegitimate child not allowed to use the father’s surname a much married man, may legally adopt his own illegitimate

even with the father’s consent? child. In case of adoption, the child shall be considered a

legitimate child of the adopter, entitled to use his surname.

Held:

Mandamus will not lie to compel the local civil registrar to

>Yes, an illegitimate child is not allowed to use the father’s register the certificate of live birth of an illegitimate child using

surname even with the father’s consent. the father’s surname, even with the consent of the latter.

>Article 176 of the Family Code of the Philippines provides Mandamus does not lie to compel the performance of an act

that “illegitimate children shall use the surname and shall be prohibited by law.
Page 22 of 33

Case Digests in Human Rights Law (assigned last July 29, The period of probation was set at two (2) years, counted from

2017) the probationer's initial report to the probation officer assigned

to supervise him.
#8

In re: Argosino (B.M. No. 712; July 13, 1995)

Less than a month later, Argosino filed a petition to take the

FACTS:
bar exam. He was allowed and he passed the exam, but was
On February 4, 1992 - Argosino, together with 13 others, was not allowed to take the lawyer's oath of office.
charged with the crime of homicide in connection with the
On April 15, 1994 - Argosino filed a petition to allow him to
death of one Raul Camaligan. The death of Camaligan
take the attorney's oath and be admitted to the practice of law.
stemmed from the affliction of severe physical injuries upon
He averred that his probation period had been terminated. It is
him in course of "hazing" conducted as part of the university
noted that his probation period did not last for more than 10
fraternity initiation rites. On February 11, 1993, the accused
months.
were consequently sentenced to suffer imprisonment for a

period ranging from two (2) years, four (4) months and one (1) ISSUE: Whether Argosino should be allowed to take the oath

day to four (4) years. of attorney and be admitted to the practice of law?

Eleven (11) days later (February 15, 1992) - Mr. Argosino RULING:

and his colleagues filed an application for probation with the

lower court. The application was granted on June 18 1993.

Page 23 of 33

>No, Argosino should not be allowed to take the oath of  Participation in the prolonged mindless physical

attorney and be admitted to the practice of law. beatings inflicted upon Raul Camaligan constituted

evident rejection of that moral duty and was totally

DOCTRINES:
irresponsible behavior, which makes impossible a
 The practice of law is a high personal privilege limited finding that the participant was possessed of good
to citizens of good moral character, with special moral character.
education qualifications, duly ascertained and certified.
 Good moral character is a requirement possession of
 Requirement of good moral character is of greater which must be demonstrated at the time of the
importance so far as the general public and proper application for permission to take the bar examinations
administration of justice is concerned. and more importantly at the time of application for

 All aspects of moral character and behavior may be admission to the bar and to take the attorney's oath of

inquired into in respect of those seeking admission to office.

the Bar. >In the present case, Mr. Argosino's participation in the

 Requirement of good moral character to be satisfied by deplorable "hazing" activities certainly fell far short of the

those who would seek admission to the bar must be a required standard of good moral character.

necessity more stringent than the norm of conduct - The deliberate (rather than merely accidental or
expected from members of the general public. inadvertent) infliction of severe physical injuries which
Page 24 of 33

proximately led to the death of the unfortunate Raul

Camaligan, certainly indicated serious character flaws on

the part of those who inflicted such injuries.

- Mr. Argosino and his co-accused had failed to discharge their

moral duty to protect the life and well-being of a "neophyte"

who had, by seeking admission to the fraternity involved,

reposed trust and confidence in all of them that, at the very

least, he would not be beaten and kicked to death like a

useless stray dog.

- Thus, participation in the prolonged and mindless physical

beatings inflicted upon Raul Camaligan constituted evident

rejection of that moral duty and was totally irresponsible

behavior, which makes impossible a finding that the participant

was then possessed of good moral character.

Page 25 of 33
Case Digests in Human Rights Law (assigned last July 29,
2017)
#9
Poe v. COMELEC (GR No. 221697; March 8, 2016)
Facts:
>Mary Grace Natividad S. Poe-Llamanzares (petitioner) was
found abandoned as a newborn in the Parish Church of Jaro,
Iloilo by a certain Edgardo Militar on 3rd day of September
year 1968.
-Parental care and custody over petitioner was passed on by
Edgardo to his relatives, Emiliano Militar and Emiliano's wife.
-The relatives then reported and registered the child as a
founding with the Civil Registrar of Iloilo. The child was then
named Mary Grace Natividad Contreras Militar. Grace was
adopted by celebrity spouses Ronald Allan Kelley Poe (a.k.a.
Fenando Poe, Jr.) and Jesusa Sonora Poe (a.k.a. Susan
Roces).
-The petitioner was given the name "Mary Grace Natividad
Contreras Militar" in her Foundling Certificate and Certificate of
Live Birth.
-The trial court granted their petition and ordered that
petitioner's name be changed from "Mary Grace Natividad
Contreras Militar" to "Mary Grace Natividad Sonora Poe" on
13th day of May year 1974.
>Although there were annotations placed in the child’s
foundling certificate but it was only in 2005 that Susan Roces
found out that their lawyer failed to secure a new Certificate of
Live Birth with a Poe’s new name as well as the name of the
adoptive parents.
-Roces then submitted an affidavit and in 2006, a Certificate of
Live Birth in the name of Mary Grace Poe was released by the
Civil Registry of Iloilo.
Page 26 of 33

-At the age of 18, Poe was registered as a voter of San Juan. in the Philippines on 10 July 1998 and 5 June 2004,

Initially, the petitioner was enrolled and pursued a degree in respectively.

Development Studies at the University of the Philippines but

-Poe returned to the US in July 2004 with her two daughters.
she chose to pursue her studies abroad and left for the United
>Poe returned in December 2004 after knowing her father’s
States of America (U.S.) in 1988. Poe graduated in 1991 from
deteriorating condition. The latter died and Poe stayed until
Boston College in Chestnuts Hill, Massachusetts where she
February 2005 to take care of the funeral arrangements.
earned her Bachelor of Arts degree in Political Studies.
-Poe wanted to be with her grieving mother that is why she
-In 1988, she was issued a Philippine passport.
and her husband decided to move and reside permanently in

>July 27, 1991, Poe married Teodoro Llamanzares and flew to the Philippines sometime first quarter of 2005.

the US right after the wedding. The petitioner gave birth to her
-They prepared for resettlement including notification of their
eldest child Brian Daniel (Brian) on 16th day of April year 1992
children’s schools, coordination with property movers and
in the US. In 2001, Poe became a naturalized American
inquiry with Philippine authorities as to how they can bring
Citizen and she obtained a US Passport that same year.
their pet dog.

>April 2004, Poe came back to the Philippines in order to

>According to Poe, as early as 2004, she already quit her job
support her father’s candidacy. It was at this time that she
in the US. Poe came home on May 24, 2005 and immediately
gave birth to her youngest daughter. Her two daughters Hanna
secured a TIN while her husband stayed in the US. They
MacKenzie (Hanna) and Jesusa Anika (Anika) were both born
stayed with her mother until she and husband was able to
Page 27 of 33

purchase a condominium in San Juan sometime February >October 6, 2010 - she was appointed as Chairperson of the

2006. MTRCB. Before assuming her post, she executed an Affidavit

of Renunciation of Allegiance to the US before a notary public

>February 14, 2006 - Poe went back to the US to set up the
in Pasig City on October 20, 2010.
other family belongings. She commuted back in March 2006.

>In early 2006 - Poe and her husband acquired a property in -The following day, she submitted the Affidavit to the Bureau of

Corinthian Hills in Quezon City where they built their family Immigration and took her oath as a chairperson of MTRCB.

home. Poe from them on, she stopped using her American passport.

>July 12, 2011 - Poe executed an Oath/Affirmation of

>July 7, 2006 - Poe took her Oath of Allegiance to the
Renunciation of Nationality of the US before the Vice Consul
Republic of the Philippines pursuant to R.A. 9225.
of the US Embassy in Manila.
>July 10, 2006 - she filed a sworn petition to reacquire
>December 9, 2011 - the US Vice Consul issued a Certificate
Philippine citizenship together with petitions for derivative
of Loss of Nationality of the US effective October 21, 2010.
citizenship on behalf of her three children. The Bureau of

Immigration acted in favor of the petition on July 18, 2006. >October 2, 2012 - Poe filed with COMELEC her Certificate of

Candidacy for Senator saying that she was resident of the

-She and her children were then considered dual citizens. Poe
Philippines for a period of 6 years and 6 months before May
then registered as voter in August 2006 and secured a
13, 2013. She was then proclaimed a Senator on May 16,
Philippine passport thereafter.
2013.
Page 28 of 33

>October 15, 2015 - Poe filed her COC for the Presidency for Is Grace Poe-Llamanzares, who is a foundling, a natural-born

the May 2016 elections. She declared that she is a natural Filipino citizen?

born Filipino Citizen and her residence in the Philippine up to

Ruling:
the day before election would be 10 years and 11 months

counted from May 24, 2005. >Yes, Grace Poe-Llmanzares, who is a foundling, is a

natural born Filipino Citizen.

>There were some petitions filed against Poe because there

are some issues about her that made her have this case in >In the deliberation of the 1934 Constitutional

running for president. Convention - Though the Rafols amendment was not

carried out, it was not because there was any objection

-Petitions were filed against Poe alleging that (1) she
to the notion that persons of "unknown parentage" are
committed material misrepresentation in her COC when she
not citizens but only because their number was not
stated that she is a resident of the Philippines for at least 10
enough to merit specific mention. Such was the
years 11 months up to the day before May 9, 2016 Elections,
account, and this amendment was defeated primarily
(2) she is not natural born considering that Poe is a foundling
because the Convention believed that the cases,
and (3) Grace Poe’s candidacy should be denied, rejected,or
being too few to warrant the inclusion of a provision in
cancelled for committing material misrepresentations in her
the Constitution to apply to them, should be governed
Certificate of Candidacy.
by statutory legislation. Moreover, it was believed that
Issues the rules of international law were already clear to the
Page 29 of 33

effect that illegitimate children followed the citizenship - On the other hand, generally accepted principles of

of the mother, and that foundlings followed the international law, by virtue of the incorporation clause of the

nationality of the place where they were found, Constitution, form part of the laws of the land even if they do

thereby making unnecessary the inclusion in the not derive from treaty obligations. Generally accepted

Constitution of the proposed amendment. principles of international law include international custom as

evidence of a general practice accepted as law, and general

> We all know that the Rafols proposal was rejected. But note
principles of law recognized by civilized nations.
that what was declined was the proposal for a textual and

explicit recognition of foundlings as Filipinos. - International customary rules are accepted as binding as a

result from the combination of two elements: the established,

>It was ruled that foundlings are citizens under international
widespread, and consistent practice on the part of States; and
law.
a psychological element known as the opinionjuris sive

- Under the 1987 Constitution, an international law can necessitates (opinion as to law or necessity). Implicit in the

become part of the sphere of domestic law either by latter element is a belief that the practice in question is

transformation or incorporation. The transformation method rendered obligatory by the existence of a rule of law requiring

requires that an international law be transformed into a it.

domestic law through a constitutional mechanism such as

-"General principles of law recognized by civilized nations" are
local legislation.
principles "established by a process of reasoning" or judicial
Page 30 of 33

logic, based on principles which are "basic to legal systems 1. Everyone has the right to a nationality.

generally,"127 such as "general principles of equity, i.e., the

2. No one shall be arbitrarily deprived of his nationality
general principles of fairness and justice," and the "general
nor denied the right to change his nationality.
principle against discrimination" which is embodied in the

"Universal Declaration of Human Rights, the International The Philippines has also ratified the UN Convention on the

Covenant on Economic, Social and Cultural Rights, the Rights of the Child (UNCRC).

International Convention on the Elimination of All Forms of

Article 7
Racial Discrimination, the Convention Against Discrimination in

Education, the Convention (No. 111) Concerning 1. The child shall be registered immediately after birth and
Discrimination in Respect of Employment and shall have the right from birth to a name, the right to acquire a
Occupation."128 These are the same core principles which nationality and as far as possible, the right to know and be
underlie the Philippine Constitution itself, as embodied in the cared for by his or her parents.
due process and equal protection clauses of the Bill of Rights.
2. States Parties shall ensure the implementation of these
> Universal Declaration of Human Rights ("UDHR") has been rights in accordance with their national law and their
interpreted by this Court as part of the generally accepted obligations under the relevant international instruments in this
principles of international law and binding on the State. field, in particular where the child would otherwise be

stateless.
- Article 15 thereof states:
Page 31 of 33

- In 1986, the country also ratified the 1966 International be at the time of birth, and it cannot be accomplished by the

Covenant on Civil and Political Rights (ICCPR). Article 24 application of our present naturalization laws, Commonwealth

thereof provide for the right of every child "to acquire a Act No. 473, as amended, and R.A. No. 9139, both of which

nationality:" require the applicant to be at least eighteen (18) years old.

Article 24 - The principles found in two conventions, while yet unratified

by the Philippines, are generally accepted principles of

1. Every child shall have, without any discrimination as to race,
international law.
colour, sex, language, religion, national or social origin,

property or birth, the right, to such measures of protection as - The first is Article 14 of the 1930 Hague Convention on

are required by his status as a minor, on the part of his family, Certain Questions Relating to the Conflict of Nationality Laws

society and the State. under which a foundling is presumed to have the "nationality of

the country of birth," to wit:

2. Every child shall be registered immediately after birth and

shall have a name. Article 14

3. Every child has the right to acquire a nationality. A child whose parents are both unknown shall have

the nationality of the country of birth. If the child's parentage is

The common thread of the UDHR, UNCRC and ICCPR is to
established, its nationality shall be determined by the rules
obligate the Philippines to grant nationality from birth and
applicable in cases where the parentage is known.
ensure that no child is stateless. This grant of nationality must
Page 32 of 33

A foundling is, until the contrary is proved, presumed to have - While the Philippines is not a party to the 1930 Hague

been born on the territory of the State in which it was found. Convention, it is a signatory to the Universal Declaration on

Human Rights, Article 15(1) of which effectively affirms Article

- The second is the principle that a foundling is presumed born
14 of the 1930 Hague Convention. Article 2 of the 1961
of citizens of the country where he is found, contained in
"United Nations Convention on the Reduction of
Article 2 of the 1961 United Nations Convention on the
Statelessness" merely "gives effect" to Article 15(1) of the
Reduction of Statelessness:
UDHR.

Article 2
- Also, the Chief Justice, at the 2 February 2016 Oral

A foundling found in the territory of a Contracting State shall, in Arguments pointed out that in 166 out of 189 countries

the absence of proof to the contrary, be considered to have surveyed (or 87.83%), foundlings are recognized as citizens.

been born within the territory of parents possessing the These circumstances, including the practice of jus

nationality of that State. sanguinis countries, show that it is a generally accepted

principle of international law to presume foundlings as having

- That the Philippines is not a party to the 1930 Hague
been born of nationals of the country in which the foundling is
Convention nor to the 1961 Convention on the Reduction of
found.
Statelessness does not mean that their principles are not

binding. - Current legislation reveals the adherence of the Philippines

to this generally accepted principle of international law. In

Page 33 of 33

particular, R.A. No. 8552, R.A. No. 8042 and this Court's Rules - In sum, all of the international law conventions and

on Adoption, expressly refer to "Filipino children." In all of instruments on the matter of nationality of foundlings were

them, foundlings are among the Filipino children who could be designed to address the plight of a defenseless class which

adopted. Likewise, it has been pointed that the DFA issues suffers from a misfortune not of their own making. We cannot

passports to foundlings. Passports are by law, issued only to be restrictive as to their application if we are a country which

citizens. This shows that even the executive department, calls itself civilized and a member of the community of nations.

acting through the DFA, considers foundlings as Philippine

>She also has typical Filipino features: height, flat nasal
citizens.
bridge, straight black hair, almond shaped eyes and an oval

- Adopting these legal principles from the 1930 Hague face.

Convention and the 1961 Convention on Statelessness is

rational and reasonable and consistent with the jus

sanguinis regime in our Constitution. The presumption of

natural-born citizenship of foundlings stems from the

presumption that their parents are nationals of the Philippines.

As the empirical data provided by the PSA show, that

presumption is at more than 99% and is a virtual certainty.