Professional Documents
Culture Documents
POLITICAL LAW
suRVEY oF RECENT STcNIFTCANT CASES (2010-2018)
As of October 19, 2018
by
Facts:
a R. A. No . 9522
(New Baselines Law ) was passed which shortened one
baseline, optimized the location of some basepoints around the archipelago
and classified adjacent territories (Kaiayaan lslancj Group and Scarborough
Shoal) as "Regime of lslands" under Article I2L of UNCLOS lll.
a R.A. No. 9522 amended R.A. No. 3046, as amended by R.A. No.
5446.
a Petitioners questioned R.A. No. 9522 because (1) R.A. No. 9522
reduces Philippine maritime territory as embodied in the Treaty of Paris
and other treaties; and, (2 ) R . A . No . 9522 opens the country's waters
landward of the baselines to maritime passage by all vessels and aircrafts.
lssue :
a Constitutionality of R. A. No . 9522
Ruling:
. R. A. No . 9522 is valid
Reasoning:
. UNCLOS has nothing to do with acquisition or loss of territory. lt
regulates sea-use rights.
o Baselines laws are statutory mechanisms to delimit the extent of a state's
maritime zones and continental shelves.
o R . A. No. 9522 merely followed the basepoints engaged by R . A. No .
3046, save for at least nine points that R. A. No. 9522 skipped to
optimize the location of basepoints and adjust the length of one baseline
(to comply with UNCLOS lll's limitation on the maximum length of
baselines ) . This would have the effect of increasing the Philippines' total
maritime space by 745,215 sq. nautical miles.
o The Philippines may pass legislation designating routes within the
archipelagic waters to regulate innocent ahd sea lane paSsa$es. EVen
without legislation, right of innocent passage is customary international
law. Article 53(72) of UNCLOS lll allows innocent passage by ships and
aircrafts through archipelagic waters.
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Funa v.
MECO, G.R. 793452, Februory 4, 2014 MECO is not o
GOCC but sui generis.
PCA ARBITRATION
Chinese position : The Tribunal does not have jurisdiction over the case for
the following reasons:
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4 The Tribunal also ruled that none of the existing instruments to which
Philippines and China are parties to, which provide for other means of
dispute settlement, prevent the Philippines from bringing the present claims
to arbitration .
Ruling: There is no legal basis for any Chinese historic rights, or sovereign
rights and jurisdiction beyond those provided in the Convention in
the waters of the SCS encompassed by the "nine-dash line";
maritime entitlements are to be claimed only from baselines along
the coast of continental land, island or rock above water at high
tide; all historic rights in EEZ, ' ECS and high seas were extinguished
upon effectivity of UNCLOS; no evidence existed that China
historically exercised exclusive control over the waters of the SCS or
their resources; China aligned its declared maritime rights in
accordance with UNCLOS; China only mentioned historical rights in
relation to maritime claims in 1998 through a law on EEZ and CS.
Ruling:
HTE Reefs Fiery cross Reef, Johnson south Reel Gaven Reef, charteron
Reef, McKennan Reef (entitled to lZ NM territorial sea )
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NOTE:
(ln the EEZ and CS, a coastal state has excluslve right to construct artificial
islands cr structures on LTEs. )
4 . On Scarborough Shoal:
Ruling : Scarborough Shoal is a HTE entitled to a 12 NM territorial sea
By other states - freedom of navigation and overflight in high seas and EEZs
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Facts
a First Class Cudia was penalized by the PMA for having lied about
Cadet
the cause of his tardiness during a lesson examination. He was dismissed
after having been found guilty by the PMA, pursuant to the Honor Code.
lssue :
Reasoning:
. The schools' power to instill discipline in their students is subsumed in
their academic freedom and that "the establishment of rules; governing
university-student relations, particularly those pertaining to student
discipline, may be regarded as vital, not merely to the smooth and
efficient operation of the institution, but to its very survival . " ln this
regard, the Court has always recognized the right of schools to impose
disciplinary sanctions, which includes the power to dismiss or expel, on
students who violate disciplinary rules
. As the primary training and educational institution of the AFP, it certainly
has the right to invoke academic freedom in the enforcement of its
internal rules and regulations, which are the Honor Code and the Honor
System in particular.
o Due process in disciplinary cases involving students does not entail
proceedings and hearings similar to those prescribed for actions and
proceedings in courts of justice . The PMA Honor Code explicitly recognizes
that an administrative proceeding conducted to investigate a cadet's honor
violation need not be clothed with the attributes of a judicial proceeding .
There is aversion to undue judicialization of an administrative hearing in
the military academy
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lssues:
r Right to life of the unborn even if there is a declared policy against
abortion, implementation cf RH Law would authorize purchase of hormonal
contraceptives, intra-uterine devices and injectables which are abortives.
n Right to health and right to protection against hazardous products
contraceptives are hazardous.
. Right to religious freedom RH Law authorizes use of public funds for
purposes contrary to their beliefs and threatens conscientious objectors as
it compels medical practitioners ( 1 ) to refer patients who seek advice on
reproductive health programs to other doctors; and (2) to provide full
and correct information on reproductive health programs and service
against their religious beliefs . Section 5 .23 of the {i' - RH Law excludes
skilled health professionals who are public officers as conscientious
objectors and mandatory sex education as an affront to religious beliefs.
. Right against involuntary servitude PhilHealth accreditation of medical
practitioners requires them to provide 4B hours of probono services for
indigent women.
o Equal protection - RH discriminates against the poor.
I Void-for-vagueness - imposition of penalty f or "any violation" is vague;
section 7 removes from people the right to manage their own affairs and
to decide what kind of health facility and services they shall offer.
. Right to free speech while religious groups are free from the
compulsion to explain the full range of family planning methods, they are
not exempt from the requirement to refer their patients to another health
care facility.
c Right to privacy by giving absolute authority to the person undergoing
reproductive health care, the RH Law forsakes any real dialogue between
spouses and parents of a child who has suffered a miscarriage are
deprived of parental authority to determine whether their child should use
contraceptives.
o Undue delegation the delegation to the FDA the power to determine
what is a non-abortifacient and to be included in the Emergency Drug
List .
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Ruling:
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Facts :
lssues :
Ruling:
o Family courts have jurisdiction to entertain constitutionality of R. A. No.
9262.
a There is a valid classification. The unequal power relationship that women
are more likely to be victims of violence; and, the widespread gender bias
and prejudice against women, make for real differences .
a The BPo is issued against a perpetrator to compel him to desist from
(a ) causing harm to the woman or her child; and (b
) threatening to
cause the woman or her child physical harm. This function is purely
executive in nature pursuant to the LGC "to enforce all laws and
ordinances" and "la maintain public order in the brarangay.
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lssues:
a DENR ) a new EIS is not necessary since the first EIS was within
(a
the validity period; and (b) no permits, etc. . . from other agencies are
required in processing ECC .
a SBMA ) since there was not writ issued, CA should not have
(a
invalidated the LDA; and, (b) SBMA has exclusive jurisdiction over projects
with the freeport zone and no prior consultations with the sanggunians
and (CNO) are necessary, besides the subsequent issuance of a CNO
cured any legal defect.
a RP Energy - CA has no power to grant reliefs prayed for in the absence
of a Writ of Kolikoson and that petitioners failed to exhaust administrative
remedies.
Ruling:
. The petitioners failed to substantiate its claims .
Reasoning:
r Requisites under Section 1of Rule l of the Rules of Procedure for
Environmental Cases : ( 1 ) there is an actual or threatened violation of a
constitutional right to a balanced and healthful ecology; (2) the actual or
threatened violation arises from an unlawful act or omission of a public
official or employee, or private individual or entity; and (3) the actual or
threatened violation involves or will lead to an environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants
ln two or more cities or provinces. The gravity of environmental damage
is to be decided on a case-_to-ease basis
' The DENR reasonably exercised its discretion in requiring an Environmental
Performance Report and Management plan ( EpRtvlp ) and a project
Description Report (pDR) for the first and second amendments.
' The ECC is not a license or permit contemplated under Section 5 9 of
IPRA which required a CNo; but in the case of the LDA, it is necessary
to secure a CNO because it is necessary to rule out the possibility that
the proposed lease site encroaches on an ancestral domain in light of the
history of Subic area as traditionally accessed by the Aetas. However, the
LDA cannot be invalidated for reasons of equity as it is the first
time this
rule of action has been laid down in relation to Section 59 of lpRA.
' Prior approval by the sanggunians of the ECC is not necessary and does
not violate the principle of local autonomy because R. A. No . 122-l
(Bases Conversion and Development Act of 1992) grants
broad powers of
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Facts :
Ruling:
. The precautionary principle does not apply.
c A trust fund is the proper subject of a separate proceeding.
Reasoning:
o Detecting the issue of a leak in the pipeline is different from determining
whether the spillage of hazardous materials into the surroundings will
cause environmental damage.
r A trust fund is limited solely for the purpose of rehabilitating or restoring
the environment . section 15 (e ) of the Rures of procedure or f
Environmental Cases prohibits grant of damages.
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lssue :
Ruline
a The petition is denied. There was no violation of any environmental
laws, rules or regulations and neither was there a leveling of any
mountain
Reasoni ns
a LNL was given a tree cutting permit. The mining law was not applicable
to the port site project.
a There were neither expert evidence nor scientific studies to corroborate
the allegation of levelling a mountain. The elevated landform is neither a
mountain or hill, but an elongated landmass or mound.
lssue :
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Ruling:
o ln itsDecember B 2015 judgment (1't Decision ) , the Court held that
the precautionary principle applies in this case and there exists a
possibility of serious and irreversible harm. lt also held that field testing
should have been subjected to Environmental lmpact Assessment,
considering that it involved new technologies with uncertain results.
o ln its July 25, 2015 judgment ( MR ) , the Court granted the motions for
reconsideration on the ground that the field trials have been completed
and, therefore, the case has become moot .
Reasoning:
a ln resolving the motions for the Court reasoned out that
reconsideration,
there is no perceivable benefit to the public which may be gained from
resolving respondents' petition for Writ of Kolikoson. The exception to the
mootness does not apply in this case .
a The completion of the field tests does not mean that petitioners may
inevitably proceed to commercially propagate. But this is subject to
permits and additional requirements.
a Resolving the petition for Writ of Kolikosqn would unnecessarily arrest the
results of further research and testing on Bt talong, and even GMOs in
general, and hence, tend to hinder scientific advancement on the subject
matter.
a Besides, there is a new regulatory framework (JDC 07-2076) applied to
GMO field testing which corrects the inadequacies of DAO 0B-2002. JDC
07-2076 provides for a more comprehensive avenue for public
participation and additional expertise in the pool of scientists that
evaluates the risk assessment for field trial.
Facts :
e The uss Guardian requested diplomatic clearance to enter and exit
territorial waters of the Philippines. lt ran aground at the Tubbataha Reefs
about B0 miles east of Palawan. The Tubbataha Reefs have been declared
as a Natural Park . The u . s . Ambassador expressed his regrets over the
incident and assured the secretary of Foreign Affairs that appropriate
compensation will be made. salvaging was undertaken by the u. s. Naval
team.
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a Petitioners sought a directive from the Supreme Court through the issuance
of a Writ of Kalikasan and the institution of civil, administrative and
criminal suits for acts in violation of environmental laws and regulations.
a Petitioners claim that the grounding, salvaging and post-salvaging operations
of the USS Guardian cause and continue to cause environmental damage
of such magnitude as to affect the provinces of Palawan, Antique, Aklan,
Guimaras, lloilo, Negros Occidental, Negros Oriental, Zamboanga del Norte,
Basilan, Sulu, and Tawi-Tawi, which events violate their constitutional right
to a balanced and healthful ecology.
lssues:
a May the writ issue?
a May the respondents, representing U. S. Naval forces, be sued?
Ruling:
o The writ may not be issued.
. Respondents are immune from suit.
Reasoning:
a ln the landmark case of Oposa v . Foctoron, Jr . , we recognized the
"public right" of citizens to "a balanced and healthful ecology which, for
the first time in our constitutional history, is solemnly incorporated in the
fundamental law . " We declared that the right to a balanced and healthful
ecology need not be written in the Constitution for it is assumed, like
other civil and political rights guaranteed in the Bill of Rights, to exist
from the inception of mankind and it is an issue of transcendental
importance with intergenerational implications . Such right carries with it
the correlative duty to refrain from impairing the environment.
a lf the acts giving rise to a suit are those of a foreign government done
by its foreign agent, although not necessarily a diplomatic personage, but
acting in his official capacity, the complaint could be barred by the
immunity of the foreign sovereign from suit without its consent. Suing a
representative of a state is believed to be, in effect, su ing the state
itself . The proscription is not accorded for the benefit of an individual
but for the state, in whose service he is, under the maxim - por in
porem, non hobet imperium - that all states are sovereign equals and
cannot assert jurisdiction over one another. The implication, in broad
terms, is that if the judgment against an official would require the state
itself to perform an affirmative act to satisfy the award, such as the
appropriation of the amount needed to pay the damages decreed against
him, the suit must be regarded as being against the state itself, although
it has not been formally impleaded.
ln this case, the US respondents were sued in their official capacity as
commanding officers of the US Navy who had control and supervision over
the USS Guardian and its crew. The alleged act or omission resulting in
the unfortunate grounding of the uss Guardian on the Tubataha Reefs
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Natural Park (TRNP ) was committed while they were performing official
military duties. Considering that the satisfaction of a judgment against said
officials will require remedial actions and appropriation of funds by the US
government, the suit is deemed to be one against the US itself. The
principle of State immunity therefore bars the exercise of jurisdiction by
this Court over the persons of respondents Swift, Rice and Robling.
a Under Article 31, [t]he flag State shall bear international responsibility for
any loss or damage to the coastal State resulting from the non-
compliance by a warship or other government ship operated for non-
commercial purposes with the laws and regulations of the coastal State
concerning passage through the territorial sea or with the provisions of
this Convention or other rules of international law.
a ln the light of the foregoing, the Court defers to the Executive Branch on
the matter of compensation and rehabilitation measures through diplomatic
channels . Resolution of these issues impinges on our relations with
another State in the context of common security interests under the VFA.
It is settled that "[t]he conduct of the foreign relations of our government
is committed by the Constitution to the executive and legislative-"the
political"--departments of the government, and the propriety of what may
be done in the exercise of this political power is not subject to judicial
inquiry or decision - "
a The VFA governs disputes involving US military ships and crew navigating
Philippine waters in pursuance of the objectives of the agreement. As it
is, the waiver of State Immunity under the VFA pertains only to criminal
jurisdiction and not to special civil actions, such ds, the present petition
for issuance of a writ of Kolikasan. ln fact, it can be inferred from
Section 17, Rule 7 of the Rules that a criminal case against a person
charged with a violation of an environmental law is to be filed
separately: SEC . 11 . lnstitution of separate octions. -The filing of a
petition for the issuance of the writ of kalikosan shall not preclude the
filing of separate civil, criminal or administrative actions
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lssues :
Ruling:
r Relationship of Executive and the Legislature in re PDAF
Executive Legislative
o Proposes a budget o Passes the GAA
o Enforces the budget o Exercises the oversight
. lmplements the budget function over the
implementation of law only
through scrutiny or
investigation
"... and for such other purposes as may be hereafter directed by the
President"
H :
Fails the test of non-delegability of legislative power. However, the
phrase "to finance the restoration of damaged facilities due to calamities"
in Section i2 of P . D . 18 5 9 remained valid .
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Facts :
lssue:
rl May the requested documents be furnished the lmpeachment Prosecution
Panel?
Ruling:
. Members of the Court, and Court officials and employees may not be
compelled to testify on matters that are part of internal deliberations and
actions of the court while testimony on matters external to adjudicatory
functions may be subject of compulsory processes (e .g . bribery charge ) .
. Rollo - No.
. Decisions, Orders, Resolutions - Yes.
Philippine Sovings Bank and Poscual M . Gqrcia lll v. Senate lmpeachment Court,
6.R. No. 200238, Februory 9, 2072
Facts :
lssue :
a May Prohibition lie?
Ruling:
r Yes.
Reasoning:
a A clear right to maintain the confidentiality of the foreign currency
deposits is provided under Section B of R. A. No - 6426 (Foreign
Currency Deposit Act) .
(NOTE: Some cases on R. A. No. 6425 have been the subject of discussions
in the concurring and dissenting opinions, namely: (a) Solvocion v, Centrol Bank
(343 Phil 539 [7991]), wherein the Court held that "The rule that exempts
dollar deposits (of a transient ) from attachment, garnishment, or, any other
order or process of any court, legislative body, government agency or any
administrative body, cannot serve as an instrument of justice and deprive a
Philippine national who is the victim of a heinous crime of the damages awarded
to her by the court."; (b) China Banking Corporation v. CA, G.R. No.
L406B7, December 7B,2006, wherein a waiver by the rightful owner was
made. ; (c) Ejercito v. Sondigonbayan, G.R. Nos.757294-95, November 20,
2a05, which did not involve foreign currency deposits; and (d) Republic v.
Eugenio, G.R. No. 774629, Februory 74, 2008, where it was established that
the confidentiality of bank deposits remains a basic state policy and that bank
accounts are not covered by Article lll, Section 7 or Article ll, Section 28 . )
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Facts:
a Abduction of Jonas Burgos on April 28, 2001 at Ever Gotesco Mall,
Commonwealth Ave. , Quezon City by alleged AFP personnel .
a CHR found one Lt. Harry A. Baliaga, Jr . of the 5 6th lnfantry Battalion,
7th lnfantry Division, PA as one of the abductors .
a Consolidated Hobeas Corpus, Writ of Amporo and Contempt actions were
filed.
lssue:
a May the President be impleaded (then as incumbent ) ?
Ruling:
. PGMA d ropped as party-respondent
a Abduction and torture of Rodriguez by the military burt was later released
through CHR.
a Petition for Writ of Amporo which included PGIVIA was filed.
lssue :
Ruling:
c Command responsibility in omporo cases applies.
Reasoning:
" The principle of command responsibility as customary international law
applies through the doctrine of incorporation .
o lts application is only for the purpose of determining who is accountable
for the disappearance to enable the court to devise remedial measures to
protect petitioner's rights.
o Elements of command responsibility : (a ) superior-subordinate relationship;
(b) knowledge of the superior or reason for the superior to know that a
crime was about to be committed or had been committed; and, (c)
failure of the superior to take the necessary and reasonable measures to
prevent the criminal acts or punish the perpetrators.
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Facts :
o Disappearance of Cadapan
o Writ of Amparo filed.
lssue :
Facts :
Ruling:
o The writ may not be issued.
Beageniryj
a The case cannot be categorized as one of extralegal killing or enforced
disappearance. Ku was validly arrested and there was no refusal to give
information on his whereabouts. He was afforded visitorial rights and had
access to counsel.
Hon. Zorate, et ol. v. H.E. Aquino lll, G.R. 220028. November 10, 2015
Facts:
a Members of the Manobo Tribe sought ref uge at the United Church of
Christ in the Philippines (UCCP) compound in Davao City due to persisting
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Ruling:
rNo
Reasoning:
a Mere membership of petitioners in organizations, such 0s, Bayan Muna
Party-List and the Gabriela Women's Party and their implication in certain
cases do not suffice as an "actual threat" that entitles one to a writ of
amporo.
a Their right to not been violated given that the information
privacy lras
contained in the "lists" are only their names, positions in their respective
organizations and photographs . All these data are of public knowledge
since petitioners are known personalities.
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lssue :
Ruling:
e lt is constitutional.
Reasoning
a The tests to determine if an ordinance is valid and constitutional are
divided into the formal (i . e . , whether the ordinance was enacted within
the corporate powers of the LGU, and whether it was passed in
accordance with the procedure prescribed by law ) , and the substantive
(i . e . , involving inherent merit, like the conformity of the ordinance with
the limitations under the Constitution and the statutes, as well as with
the requirements of fairness and reason, and its consistency with public
policy) .
property, except real estate developers. The latter argued that they are
also property owners and should also be exempt from the requirements.
lssue:
a ls the law violative of equal protection clause?
Ruling:
. No, the law is valid.
Reasoning:
a There is no deprivation of property as no restriction on their use and
enjoyment of property is caused by the implementation of Republic Act
No. 9646 . lt petitioners as property owners feel burdened by the new
requirement of engaging the services of only licensed real estate
professionals in the sale and marketing of their properties, such is an
unavoidable consequence of a reasonable regulatory measure. No right is
absolute, and the proper regulation of a profession, calling, business or
trade has always been upheld as a legitimate subject of a valid exercise
of the police power of the State . The legislature recognized the
importance of professionalizing the ranks of real estate practitioners by
increasing their competence and raising ethical standards as real property
transactions are susceptible to manipulation and corruption.
lssue :
o ls the policy unconstitutional?
Ruling:
rNo
Reasoning
a The function of the JBC to select nominees is discretionary. Petitioner has
no legal right to be included in the list.
a Placing a premium on many years of judicial experience, the iBC is merely
applying one of the stringent constitutional standards of proven
competence . A five year stint can also provide evidence of integrity,
probity and independence of judges seeking promotion. This classification
satisfies the "rational basis test . "
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Ferrer, Jr. v. Moyor Bautista, et al., G. R. No. 210557, June 30, 2075
Facts:
a Two ordinances were imposed by the Quezon City government as follows:
(a ) Socialized Housing Tax - a special assessment equivalent to O . 5% on
the assessed value of land in excess of P100,000 which shall accrue to
the Socialized Housing Programs of the City Government; and, (b) Garbage
Fee rates of the imposable fee depend on land or floor area and
whether the payee is an occupant of a lot, condominium, socialized
housing project or apartment.
lssue :
a Whether the SHT and the garbage fees violate the equal protection
clause .
Ruling:
r The SHT is constitutional .
r The garbage fee is unconstitutional .
Reasoni ns
a The SHT is a tax but with a regulatory purpose in pursuit of the Urban
Development and Housing Act (UDHA) and intended to rehabilitate and
develop blighted and slum areas. lt does not favor informal settlers over
real property owners. The disparity between them as two distinct classes
is too obvious.
c The garbage fee violated the equal protection clause as it failed to take
into account that there is no substantial distinction between an occupant
of a lot and an occupant of a unit in a condominium, socialized housing
projects or apartment . Most likely, the garbage output produced by these
types of occupant is uniform and does not vary to a large degree. The
rates being charged are unjust : a resident of 200 sq . m . unit in a
condominium or socialized housing project has to pay twice the amount
than a resident of a lot similar in size; unlike unit occupants, all
occupants of a lot with an area of 200 sq. m . and less have to pay a
fixed rate of P100; and the same amount of garbage fee is imposed
regardless of whether the resident is from a condominium or from a
socialized housing project.
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Facts :
lssue
o ls the resolution violative of right to free speech and the equal protection
clause?
Ruling:
o Yes, it is violative of Sections 1 and 4 of Article 3 of the Constitution .
Reasoning:
. ln Adiong v. COMELEC (C.R. No. 103956,lVlorch 31, 1992) the Court
struck down the COMELEC's prohibition against the posting of decals and
stickers on "mobile places", such as, private vehicles.
. COMELEC may only regulate the franchise or permit to operate but not
the ownership per se of PUVs and transport terminals under Section 4,
Article lX-C of the Constitution.
. The owner of a thing has the right to enjoy and dispose of a thing,
without other limitations than those established by law, such ds,
franchises . However, a franchise is a limitation only on certain aspects of
the ownership of a vehicle, but not on the totality of the rights of the
owner over the vehicle.
" On the other hand, prohibitions on the posting of commercial
advertisements on windows of buses, because it hinders police authorities
from seeing whether the passengers inside are safe, is a regulation on the
franchise.
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Disini vs. Secretory of Justice, G.R. No. 20333s..., Februory 78, 2074
Facts:
. Cybercrime Prevention Act of 2OI2 (R.A. No. 10175)
lssue and Ruling:
(a )
Offenses against the confidentiality,
integrity and availability of computer
data and systems:
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xxxx
(a )
Offenses against the confidentiality,
integrity and availability of computer
data and systems:
xxxx
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(iii)
Acquired without right or with
intellectual property interests in it.
xxxx
b ) Computer-related Offenses:
xxxx
( 3 )
Computer-related ldentity Theft.
The intentional acquisition, use, misuse,
transfer, possession, alteration, or
deletion of identifying information
belonging to another, whether natural
or juridical, without right: Provided:
that if no damage has yet been
caused, the penalty imposable shall be
one (1) degree lower.
XXXX
(c ) Content-related Offenses
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xxxx
(c) Content-related Offenses:
xxxx
(2)Child Pornography. The unlawful
-
or prohibited acts defined and
punishable by Republic Act No.
91'75 or the Anti-Child
Pornography Act of 2009,
committed through a computer
system: Provided, That the penalty
to be imposed shall be (1) one
degree higher than that provided
for in ublic Act No. 9115.
g. Section 4(c) (3) on Unsolicited
Commercial Communications akin to unsolicited ads by mail
xxxx
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(3 )
Unsolicited Commerciol
Communicotions. - The transmission of
commercial electronic communication
with the use of computer system
which seeks to advertise, sell, or offer
for sale products and services are
prohibited unless:
(ii )
The primary intent of the
communication is for service and/or
administrative announcements from the
sender to its existing users, subscribers
or customers; or
XXXX
) Content-related Offenses :
(c
xxxx
(4) Libel. - The unlawful or
prohibited acts of libel as defined in
Article 355 of the Revised Penal Code,
as amended, committed through a
computer system or any other similar
means which may be devised in the
future .
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Sec. 7 .
Liability under Other Laws .
: A prosecution under this Act shall
be without prejudice to any liability
for violation of any provision of the
Revised Penal Code, as amended, or
special laws.
t. Section B on Penalties
proportionate to severity of
Sec. B. Penalties. - Any person deleterious cybercrimes
found guilty of any of the punishable
acts enumerated in Sections 4 (a ) and
4 (b) of this Act shall be punished
with imprisonment of prision mayor or
a fine of at least Two hundred
thousand pesos (PhP200,000.00) up
to a maximum amount commensurate
to the damage incurred or both.
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33
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34
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upon orders
of law enforcement officers and
not accessible
35
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36
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q . Section Ll on Destruction of
Computer Data user could preserve information
by himself
Sec . l'/ . Destruction of Computer
Doto . Upon expiration of the
periods as provided in Sections 13 and
15, service providers and law
enforcement authorities, as the case
may be, shall immediately and
completely destroy the computer data
37
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r . Section 19 on Restricting or
Blocking Access to Computer Data
jud,icial Wiitraht
Section 19 empowers the Department
of Justice to restrict or block access to
computer data:
38
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Facts:
a Death of57 people ( including 32 journalists and media practitioners ) in
Maguindanao
39
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a 5'7 counts of murder and rebellion against 791 accused (People v . Datu
Andol Ampotuan, Jr., et ol.) .
a Journalists and broadcast media sought live television and radio coverages.
lssues:
a Revisit 799L ruling in Re: Live TV and Radio Coverage of the Hearing of
President Corazon C. Aquino's Libel Case and 2007 ruling in Re : Request
Radio-W Coverage of the Trial in the Sandiganbayan of the Plunder Cases
Against the Former President Joseph E. Estrada .
a Standards/guidelines,/tests which may be applied.
Ruling:
o Partially granted pro hac vice the request, subject to guidelines .
Reasoning:
. The 7965 case of Esfes v. Texos relied upon in Aquino and Estroda was
borne out of a jury system as distinguished from a judge . Members of
the jury are not normally schooled in the law unlike the judge.
. Later jurisprudence in Chondler v. Florido, 449 U.S. 560 (1981) and
trends in 50 states of the U.S.A. allow varying degrees of openness.
. The "totality of circumstances" test in People v . Teehonkee, Jr. and
Estrada v . Desierto must apply. There must be allegation and proof of
the impaired capacity of a judge to render a bias-free decision.
. The Ampatuan Coverage Guidelines: (a ) audio-visual recording for
documentary purposes and transmittal to live radio and television
broadcasting; (b ) letter of application by media entities; (c ) installation
of a single fixed compact camera operated by Supreme CourU (d )
transmittal of the audio-visual recording with the least physical disturbance
of the proceedings; (e ) continuous broadcasting of entirety of proceedings;
(f) no commercial break; (g) no voice-overs in general; (h) no repeat
airing until after finality of judgment; (i) original audio recording deposited
in the National Museum; (j ) recording under control of the court; (k)
special committee; (l) apply all other present directives .
Facts:
a Memo issued by CSC Chairperson to back up all the files in the
computers found in CSC's two divisions headed by Pollo, triggered by an
40
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Ruling:
. Valid search Employee- Pollo had no reasonable expectation of privacy
Reasoning:
c Cited O'Connor test stating that public employers, unlike criminal law
enforcers, have a direct and overriding interest in ensuring that the work
of the agency is conducted in a proper and efficient manner. A
probable cause requirement in this case would impose intolerable burdens
on public employers.
. Special needs, beyond the normal need for law enforcement make the
probable cause requirement impracticable, for legitimate, work-related
misconduct.
. Cited US v . Simons where a warrantless entry into Simon's office was
reasonable ground for suspecting that the hard drive would yield evidence
of misconduct, such os, downloading pornographic images. (Here, the CIA
later secured warrants to search Simon's office and copied contents of
computer, etc... )
o As applied to the Pollo case, the following tests will be employed :
a. Employee's relationship to the item seized; (b) Whether the item was
in the immediate control of the employee; and, (c ) Whether the
employee took actions to maintain his privacy in the item.
r Thus, where the employee used a password on his computer, did not
share his office with co-workers and kept the same locked, he had a
legitimate expectation of privacy . (uS v . Ziegter)
' Pollo failed to allege he had a separate closed office or password. There
was also an express office M EMo policy on use of the computer. The
policy stated that the use of password does not imply privacy.
. Pollo's case is distinguished from a court employee who used his personal
computer during working hours to prepare pleadings for personal cases.
The Court did not allow evidence obtained from the personal computer.
41.
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SpousesBill and Victoria Hing v . Alexonder Choachuy, Sr. and Allon Choochuy,
G.R. No. 179736, lune 25, 2A73
Facts:
a Petitioner spouses Hing are registered owners of a parcel of land used for
business beside Aldo Development and Resources, lnc . owned by
respondents.
a The respondents set-up and installed on the building of Aldo two video
surveillance cameras facing petitioners, property.
lssue:
a May the cameras be allowed?
Ruling:
. The cameras should not be allowed
Reasoning:
o An individual,s right to privacy under Article 26 (7) of
should not be confined
the Civil Code
to his house or residence as it may extend to
places where he has the right to exclude the public or deny them
access .
* The phrase "prying into the privacy of another's residence,,, therefore,
covers places, locations, or even situations which
an individual considers as
private, including a business office. ln this
day and age, video surveillance
cameras are installed practically everywhere f
or the protection and safety
of everyone.
" The installation
of these cameras, however, shourd not
there is reasonabre expectation of privacy, unress cover places where
individual, whose right
the consent of the
to privacy would be affected, was obtained.
. Simply put, a person has a " reasonable expectation
property, whether he uses it as a business of privacy,, in his
office or as a residence and
that the installation of video surveillance cameras
property or covering a significant portion directly facing his
thereof, without his consent, is a
clear violation of their right to privacy
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Rhondo Ave S. Vivores v. St. Theresa's College, G.R. No. 202556, September
29, 2074
Facts:
a Two students from St. Theresa's College Cebu City took pictures of
themselves while changing their swimsuits for a beach party. They were
clad only in their undergarments.
a The pictures were uploaded by one Angela on her facebook profile . A
computer teacher reported the matter.
a The students were all barred from joining the commencement exercises on
account of their actions.
a Petitioner-parents sought issuance of a writ of Habeos Doto arguing that
their children have a reasonable expectation of privacy.
lssue :
a May the writ issue?
Ruling:
o The petition is denied .
Reasoni ng:
a The writ of habeos doto is a remedy avairabre to any person
whose right
to privacy in life, liberty or security is violated or threatened
unlawful act or omission of a pubric officiar or emproyee, by an
individual or entity engaged in the gathering, coilecting
or of a private
or information regarding the person, famiry, home or storing of data
and
the aggrieved party. rt is an independent and summarycorrespondence of
remedy designed
to protect the image, privacy, honor, information, and
information of an individuar, and to provide freedom of
right to the truth and to informationar privacy.
a forum to enforce one,s
person's right to control information rt seeks to protect a
regarding oneserf, particularly in
instances in which such information
is being ioilected through unrawfur
means in order to achieve unlawful
ends.
a Before one can have an ion of
Network activity,
in his or her Online Social
ch ildren of petitioners,
in this case the
through the empl oyment of measures prevent access thereto
its visibil And this intent ion can materiatize in cyberspace or to limit
ffi1.ffifiHH.E#ffi
privacy tools
. ln other words, utilization ,f ifi"r"
is the manifestation, in cyber world,
of the user,s invocation
of his or her right to informational privacy. Considering that
the default
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settingforFacebookpostsis"Public"'itcanbesurmisedthatthe
photographs in question were viewable to everyone on
Facebook' absent
any proof that petitioners' children positively limited the disclosure
of the
photograph. lf such were the case, they cannot invoke the protection
attached to the right to informational
a
ln this regard, the cyber community is agree
that the digital images under this setting still remain to be outside the
confines of the zones of privacy in view of the following: 1) Facebook
(
"allows the world to be more open and connected by giving its users the
tools to interact and share in any conceivable wAY"; (2) A gOod number
of Facebook users "befriend" other users who are total strangerS; (3) The
sheer number of "Friends" one user has is usually by the hundreds; and
( 4) A user's Facebook friend can "share" the former's post, or "tag"
others who are not Facebook friends with the former, despite its being
visible only to his or her own Facebook friends- lt is well to emphasize
at this point that setting a post's or profile detail's privacy to "Friends" is
no assurance that it can no longer be viewed by another user who is not
Facebook friends with the source of the content.
a Without proof that they placed the photographs subject of this case within
the ambit of their protected zone of privacy, they cannot now insist that
they have an expectation of privacy with respect to the photographs in
question .
Dr. Joy Margate Lee v. P/Supt. Neri A. tlogon, G. R. No. 203254, October
B, 2 014
Facts:
a Petitioner P/supt . llagan and Dr. Lee were common-law partners . He
visited Lee at the latter's condominium and rested for a while and
thereafter, proceeded to his office. Upon arrival, petitioner noticed that
his digital camera was missing.
a He confronted Lee regarding a purported sex video she discovered from
the camera involving petitioner and another woman. ilagan srammed Lee,s
head against a wall and walked away.
a Lee used the video as evidence against petitioner for violation of
Anti-
VAWC law.
a
that Lee's acts of reproducing the video and threatening
Petitioner claimed
to upload it in the internet violated his right to
privacy, thus he sought
issuance of the Writ of Habeos Data .
lssue:
. May the writ issue?
44
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Ruling:
o The Petition is denied.
right to the cogent rights to life, liberty or security are crucial in habeas
dota cases, so much so that a failure on either account certainly ren ders
a hobeos dato petition dismissible, as in this case '
Facts:
c COMELEC Resolution No. 9615 introduced a radical departure from the
previous COMELEC resolutions relative to the airtime limitations on political
advertisements. The resolution
involving all the media of broadcast communications
where it was done on . This effected a drastic
reduction of the allowable minutes within which candidates and politicai
parties would be able to campaign through the air.
lssue :
Ruling:
r lt is not within the power of the COMELEC to do so
Reasoning:
. The assailed rule on "aggregate-based,, airtime limits is unreasonable and
arbitrary as it unduly restricts and constrains the ability of candidates and
political parties to reach out and communicate with the people . Here, the
45
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Ruling:
Yes, this violated the freedom of sp ch of petitioners.
Reasoning:
r COMELEC had no legal basis to regulate expression made by private
citizens; The tarpauiins were not campaign materials belonging to
candidates. Existing election law provisions on the subject refer to matters
46
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donebyoronbehalfofandinconsiderationwithcandidatesandpolitical
BB1 defines..n-"1".,,.on-campaign as
an "act
a !:I:: 1s of B.p.
designedtopromotetheelectionordefeatofaparticularcandidateor
provides that
,,Public expressions or
candidates to a public office .,, lt also
opinionsordiscussionsofprobableissues'..shallnotbeconstruedaspart
of any election campaign, or partisan political activity"'"
a ThetarpaulininquestioncontainsspeechaSamatterofpublicconcern
of expression ' Every
within the realm of petitioners' right to freedom a high degree of
with political .Jnr.quun.", enjoys
citizen,s expression
protection .
\l
l
SWS ond Pulse Asio v. COMELEC, G.R. No. 208062, April 7,2075 {'
Facts: i!
a COMELEC Resolution No - 96'7 4
pursuant to the Fair Elections Act required i
,l
SWS and Pulse Asia as well as "other survey firms of similar circumstance"
to submit to COMELEC \i
I
lssue:
a whether the resolution violates petitioners' freedom of speech (political
speech ) and the non-impairment clause in relation to section 26 of
Article ll, section 4 of Article lX-C and section z6 of Article Xlll which
guarantee equal access to opportunities for public service.
Ruling:
r There is no constitutional violation .
47
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regulatorY Powers -
Dovoo City woter District v. Araniuez, et ol. G .R. No. 194792, June 76,
2075
Facts :
a Private respondents are officers and members of Nagkahiusang Mamumuo
sa Davao City Water District ( NAMADACWAD ) who were charged with
several administrative cases due to acts committed during the fun run
anniversary celebration of DCWD, such ds, wearing of t-shirts with
inscriptions and posting of bond papers outside the designated places . The
inscriptions and postings bore employees' grievances .
e The private respondents were found administratively liable.
lssue :
Ruling r
48
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Facts: : r l-lt:
a Alma Consuelo Desales-Esidera mar ried Richard Tang TePace on rya.v
in a civil ceremony. There was no' VaIia, titense ttO.;,ri,aifV.
a .ludge Desales-Esidera married Renato Esidera under
a Catholic wedding rite (Matrimonio de conciencia) but th" 6:Ei1t*1fi{ii$fiiffi
under civil la w.
I
a Judge Desales-Esidera t
I
lssue :
49
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nl judges, "immoral
r For purposes of determining liabilitY of lawyers and moralitY is not
conduct" shou ld relate to their conduct
in Court ' Religious
administrat ive liabilitY of lawYers
binding whenever the Court decides the
and judges. The Court, in resolving cases
that touch on issues of moralitY,
of its judgment on
is bound to remain ne utral and should limit the bases
"secular moral standards" '
liable for
. while Judge Desales-Esidera was not found administratively
directs lawyers to obey
immorality, the code of Professional Responsibility judge may have
the laws and promote respect for the law. Respondent
disobeyed the law, particularly Article 3 50 of the Revised
Penal Code'
which prohibits knowingly contracting marriages against the provisions of
laws. She knew that the solemnizing officer in the 1990 marriage had
no
relations with her second husband while her first marriage was subsisting. \
This act is obviously not in the exercise of her religious expression. Her
i
Facts:
a Three curfew ordinances for minors (Quezon City, Manila and Navotas)
were challenged as violative of the following constitutional provisions :
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a The Manila City Ordinance declared the hours from 10:00 p.m. to
4 : 00 a. m. as Barangay Curfew Hours for minors. There are four (4)
exemptions, namely : (a ) minors accompanied by their
parents, farnily members of legal age or guardian; (b ) those running
lawful errands; (c ) night school students and those who, by virtue of
their employment, are required in the streets or outside their residence
after 10:00 m . ; and, (d ) those working at n t. t
51
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lssue:
a Are the curfew ordinances unconstitutional?
Ruling:
o Quezon CitY Ordinance is valid '
. The Manila and Navotas Ordinances are void '
Reasoning:
units to set
. Article 13 9 of PD 60 3 explicitly authorizes local government
curfew hours for children . This is the statutory basis to restrict
the
travel. Under the strict scrutiny test government must prove that the lI
classification ( 1 ) is necessary to achieve a compelling state interest; and, \
(2) is the least restrictive means. The local government units showed i
52
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lssue:
a Will mondomus lie?
Ruling:
o No.
Reasoning:
r Section 3, Rule IV of the IRR of R . A. 6i L3 (Code of Conduct and
Ethical Standards for public Officials and Employees states :
)
53
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of
(d) such information, record or document comprlses dr:afts
Nationa! Power Corporotion v. Monalostas, G.R. No. 795740, lan- 27, 2015
ti,
Facts :
lssues :
o May estoppel lie against NpC?
c should inflation be factored in the computation of just compensation?
c May the Court review the formulation of just compensation?
Ruling:
. Estoppel does not lie against the State even if the persons representing
the government were negligent
54
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Ruling:
o There is no impairment of the obligation of contract.
Reasoning:
o section 41 of R ' A. 81 gl did not divest juridical
persons of the right to
redeem foreclosed properties but onty ,,ojirieu
of such right by reducing the one-year period the time for the exercise
originally provided in Act
No. 3135.
' There is, likewise, no retroactive application
of the new redemption period
because section 4'7 exempts from its operation
those properties foreclosed
prior to its effectivity and whose owners
retain redemption rights under
Act No. 3135.
55
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Facts :
a SenatorJuanPonceEnrileWaschargedwithplunder.Whenthe
voluntarily surrendered and was
Sandiganbayan ordered him arrested, Enrile
lateronconfinedatthePNPGeneralHospital.HefiledaMotiontoFix
yet established that the
Bail He argued (a ) that the prosecution has not
.
evidence of his guilt was strong; (b ) that
the penalty as to him would
risk' and his age
only be reclusion temporal; and, (c ) he was not a flight
at 90 and physical condition must further be seriously consider:ed ' The
SandiganbaYan denied bail.
lssue:
a Should Enrile be granted bail?
Ruling:
o Yes, he may be granted bail
!,,i
Reasoning:
\
a Enrile's social and political standing and his having immediately surrendered I
to the authorities Indicate that the risk of flight or escape is highly t
unlikely. I
a The currently fragile state of Enrile's health presents another compelling rl
justification for his admission to bail. This is borne out by the findings of il
Dr. Jose C. Gonzales, the Director of Philippine General Hospital .
a Bail f or the provisional liberty of the accused, regardless of the crime il
charged, should be allowed independently of the merits of the charge,
provided his continued incarceration is clearly shown to be injurious to his
health or to endanger his life . I
I
\
I
Article 4, Sections2 and3 (Citi zenship) I
1
coson Macode tvlaquiling v . 1)MELEC, Rommel Arnodo y. cogoco, Linog G
Balua, G.R. No. 795549, April 15, 2013 and luly 2, 20t3 (MR) .
\
Facts :
a Respondent Arnado, a natural born Filipino citizen, acquired American
citizenship by naturalization. He later on reacquired Filipino citizenship by
taking an oath of Allegiance to the philippines and Renounced his
American citizenship . Later, Arnado used his u . s . passport at least four
times.
56
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lssue :
Ruling:
. Respondent is disqualified '
ti
!
.\
li
\j
David v. Editho A Agboy ond People of the Philippines, G.R. No. 7gg7t,
March 18,2075
Facts :
57
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lssue :.
a ls the petitioner disqualified to own land in the Philippines and, therefore,
subject to prosecution for falsification of public documents? t!
Ruling:
r Petitioner may be proceeded against for violation of the Revised Penal
Code based on a misrepresentation that he is a Filipino citizen qualified to
acquire land -
Reasoning:
a When petitioner re-acquired Filipino citizenship under R . A . 9225, the
falsification was already a consummated act and the law did not have a
retroactive effect insofar as his dual citizenship status is concerned .
a Besides, while Section 2 of R . A. 9225 states the general policy that
Filipinos who have become citizens of another country shall be deemed
"not to have lost their Filipino citizenship," srrch is qualified by the phrase
"under the conditions of this Act. "
a
58
2018Oct 19
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of petitioner applies to a
a The rule that favorable interpretation in favor
a
penal statute and not to R ' A ' 9225 which
is not a criminal statute .
Facts:
several coMELEC cases were filed against Mary Grace Natividad '
s Poe-
a
for the Presidency for the May 2076 Elections - The oppositors questioned
her declaration as a natural-born citizen and her residence in the
Philippines up to the day before 9 May 2076 as would be ten ( 10 )
years and eleven ( 11 ) months counted from 24 May 2005. She also
attached her "Affidavit Affirming Renunciation of U . S . A. Citizenship . "
a It appears that Poe-Llamanzares was an abandoned newborn when she
was found in the Parish church of Jaro, lloilo by Edgardo Militar on 3
September 7968. Custody over Poe-Llamanzares was passed to Emiliano
Mititar and his wife, who registered po+i:.fafi:ati.aiss,.'.:,.aiir:iii;ii:6.fififfieffitfi
She was given the name, Mary Grace
Natividad Contreras Militar
a Poe-Llamanzares was later on adopted', bV Ronald :Al'lah , Ke.[lev' iPoe
ltdlkif;ei!,,:if:$u#n
i 'l.dr,l:j
.
nn., l'. r '.n
Municipal Trial Court of San juan City.
.:
59
2018oct 19
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On 6 October
of MTRCB but before
20L0, she was aPPointed as ChairPerson
she executed an
-" Thereafter, she
lssue :
Ruling:
o She is a natural-born Filipino citizen.
Reasoning:
a The Solicitor-General offered official statistics that from 7965-7915, the
number of foreigners born in the Philippines was 15, 986 while the total
number of Filipinos born in the country was 10, 558, 2i B . The
i!,6rtii:fiBa.ffiip.6a]btifuV *,at any child born in the phitippines that decade is
natural*born Filipino was 99 . B3%. Poe-Llamanzares showed that in lloilo
province in 7960, there was 962, 532 Filipinos and 4,'t34 foreigners.
This translates to 99 . 62% Filipino population . ln 7gl o, the figures
showed 7,762,669 Filipinos and 5,304 foreigners, or 99 .55%. ln terms
of child-producing ages (15-49), in lg60, there were 230,528 female
Filipinos as against l3o female foreigners or 99 . GB% . ln the same year,
there were 210, 349 Filipino males and BBG male aliens, or 99.58%. ln
l9'/0, there were 21o, 299 Filipino females versus l, 190 female aliens,
or 99 - 56%. That same vear, there were 245,'t 40 Filipino males as
inst on ly 7, 155 male aliens or 99.53 %
60
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Facts :
lssue:
a Did SET commit grave abuse of discretion amounting to lack or in excess
of jurisdiction?
bI
File with Blythe usb rev 2018Oct 19
Ruling:
r No.
Reasoning:
e The assumption should be that foundlings are natural-born citizens unless
there is substantial evidence to the contrary.
o David's reliance on Article 4, Section 7 (2) and the need to establish
bloodline is misplaced. Between Article 4, Section 1(2) and Section 2, it
is Section 2 that is on point. To determine whether Poe-Llamanzares is a
natural-born citizen, one must look into whether she had to do anything
to perfect her citizenship. ln view of Bengson lll ruling, she did not have
to go through the naturalization process to become a Filipino. The
investiture of citizenship on foundlings benefit children, individuals whose
capacity to act is restricted . lt is a glaring mistake to liken them to an
adult filing before the relevant authorities a sworn petition seeking to
become a Filipino, the grant of which is contingent on evidence that he
or she must himself or herself adduce.
o R. A. 9225 is premised an immutability of natural-born status and
proceeds from an entirely different premise from the restrictive process of
naturalization.
. Physical features, genetics, pedigree, and ethnicity are not determinative of
citizenship, nor identity.
o The burden of evidence does not shift to Poe-Llamanzares by the mere
showing that she is a foundli
a
62
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Facts :
lssue:
a ls R.A. 10367 (including related COMELEC resolutions) unconstitutional?
Ruling:
o Petition has no merit. The law is valid .
Reasoning:
a The State may impose statutory disqualifications, with the restriction that
the same do not amount to a "literacy, property or other substantive
requirement. "
a The concept of "qualification" should be distinguished from the concept of
"registration," insofar as suffrage is concerned. The act of registering is
only one step towards voting, and it is not one of the elements that
makes the citizen a qualified voter. Registration is a form of regulation
not a qualification. Registration is a mere procedural requirement as
pronounced in AKBAYAN-Youth v. COMELEC (401 Phil 618).
o R-A. B1B9 governs the registration process. R.A. 10361 built on the
policy considerations behind R . A . B 1B 9 to systematize the present
method of registration in order to establish a clean, complete, permanent
and updated list of voters.
Biometrics is a quantitative analysis that provides a positive identification
of an individual. Validation is the process of taking the biometrics of
registered voters whose biometrics have not yet been captured .
a The regulation passes the strict serutiny test. There is a compelling state
interest involved, i . € . , to cleanse the national voter registry so as to
eliminate electoral fraud .
a The regulation is the least restrictive means to achieve this end. There
was sufficient information and time afforded the public to abide by the
law.
63
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ati,l"rq
207 6
Facts:
a E. O. No. 1 of July 30, 2OL0 created the Philippine Truth Commission,
founded on P-Noy's anti-corruption drive, with the "powers of an
investigative body under Section 3J, Chapter 9, Book 1 of the
Administrative Code of 198J" and tasked to conduct a fact-finding
investigation of the reported cases of graft and corruption during the
"previous administration . "
lssue:
a Constitutionality of E. O. No . 1 : (a ) separation of powers; (b ) quasi-
judicial powers; and, (c ) equal protection.
Ruling:
r E . O. No . 1 is unconstitutional in so far as it is violative of the equal
protection clause.
Reasoning:
o PTC cannot determine if probable cause exists as to warrant the filing of
an information; neither could it impose criminal, civil or administrative
penalties or sanctions.
64
File with Elythe usb_rev 2018oct 19
Facts:
c Deutsche Bank alleged that it made an overpayment of P22, 562,857.77
representing its branch profit remittance tax (BPRT) and thereby sought a
refund . lt also requested from . the lnternational Tax Division ( ITAD ) of
the BIR confirmation of its entitlement to the preferential tax rate of l0%
under the RP-Gerrnany Tax Treaty.
a BIR denied the claim for refund on the ground that the application for a
tax treaty relief was not filed with the ITAD prior to the payment by
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Deutsche Bank of its BPRT and actual remittance of its branch profits to
DB Germany, or prior to its availment of the preferential rate of l0%
pursuant to the treaty under the 15-day period mandated by Revenue
Memorandum Order (RMO ) No . 1-200 following the Supreme Court
Resolutions in Mirant dated 12 November 2001 and 1B February 20AB
in G.R. No. 168531.
lssues:
o Was there a violation of the principle on undue delegation of legislative
power in relation to our treaty obligation?
. Does Article B, Section 74 apply to SC Resolutions?
Ruling:
o BIR should not impose new requirements to burden or negate resort to
tax reliefs under the treaty.
r The purpose of a tax treaty is to eliminate precisely international juridical
double taxations and to encourage the free flow of goods and services,
capital, technology and persons.
. The MIRANT ruling in a Minute Resolution is not a binding precedent.
Besides, MIRANT does not apply to Deutsche Bank's case because the
latter's case is a refund case which does not require compliance with the
15-day perioci enunciated in MIRANT.
(NOTE: ln
CBK Power Co. v. ClR,746 SCRA 93, the Supreme Court
reiterated this ruling. )
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a The result is that the new 1st district had a population of only 116,383
while the new 2nd district has 250;000. The rest of the 3 districts have
more than 250,000 population
lssue :
. Population is not the only factor but is just one of several other factors
in the composition of additional district.
NOTE: Read this with Mqrisno v. Comelec, 372 Phil. 259 (1995), which
dealt with conversion of Makati into a Highly Urbanized City with the effect
of creating an additional legislative district. The Supreme Court sustained the
additional district even if the 1990 census of Makati stood at 450,000
because the application of the 250,000 minimum population for cities is
limited to its initial legislative district . lt does not have to increase its
population by another 250,000 to be entitled to an additional district. The
same rule should apply then to additional districts in provinces, considering
that a province is entitled to an initial seat by the mere fact of its creation
and regardless of the population . The earlier case of Tobios v . Abalos, 2 3 9
SCRA 705 (1994), had raised the issue of the lack of showing that
Mandaluyong and San Juan had each attained the minimum requirement of
2 5 0,0 0 0 inhabitants to justify separation into two legislative districts . But the
Court merely applied the presumption of validity in favour of the passage of
the law converting the municipality of tViandaluyong into a Highly Urbanized
City. ln another related case of Somson v. Aguirre, 315 SCRA 53 (7999),
the Supreme Court inquired into the allegation of oppositors to the creation
of Novaliches City out of 15 barangays of Quezon City that there were no
certifications as to income, population and land area presented to the
Congress during the dellber.ations on R . A. No . 8 535 . Only an oral
manifestation was made by the NSO representative that the population in the
proposed city of Novaliches would comprise 347,310. Congress presumed
that the requirements were met in the passage of R.A. No. 8535. But in
Aldaba v. Comelec, G.R. No. 7BB07B, Januory 25, 2070, R.A. No.
9597, creating a separate legislative district for Malolos City and amending
the City Char.ter of Malolos, was questioned. The Court laid down the rule
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lssuF :
Ruline:
o No GADLEJ but remand cases applying new parameters.
o New parameters laid down by the Court:
1 Three different groups may participate in the party-list system : ( 1)
national parties or organizations, (2) regional parties or organizations;
and ( 3 ) sectoral parties or organizations .
2 . National parties or organizations and regional parties or
organizations do
not need to organize along sectoral lines and do not need to
represent any "marginalized and underrepresented" sector.
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it,.:rh6.ti:inO
and, (c)
lssue :
Ruling:
o COMELEC's En Banc Resolution dated 31 January 2073 and COMELEC
Second Division Resolution dated 1B July 2012 are annulled and set aside
insofar as it declares valid the expulsion of Lico from Ating-Koop and it
upholds the Rimas group as the Legitimate Party-list group.
" The legitimate Central Committee or set of officer are those prior to the
split of Ating-Koop.
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Tagolino v. HRET, G.R. l/o. 195540, Morch 19, 2013 - one-year residency.
Baguilat v. Speoker Alvarez, G.R. l/o. 227757, luly 25, 2077 minority
leader who voted for mojority.
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lssue:
a Constitutionality of Proclamation 794 5 and Administrative Order 213 to
21 3-4.
Ruling:
o Valid and constitutional.
Reason ins:
a DILG Secretary did not exercise control. Vice-Governor Adiong assumed
the vacated post of Ampatuan based on succession provision in R. A. No.
9054 (ARMM Law)
a PGMA only exercised calling out power which did not require congressional
authority.
The Supreme Court may inquire into the factual basis of the
Proclamation.
Logmon v. Executive Secretary Medialdea, G.R. l/o 237558, luly 4,2077 snd
MR February 6, 2078 - Martiol Low in Mindonao.
6, Section 29 (1)
Nozareth v. Villor, 589 SCRA 385 [2013] - augmentation.
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Aroullo v. President Aquino, G.R. No. 209287, July l, 2014 ond February 3,
207s (MR)
Facts:
a Disbursement Allocation Program (DAP) sourced funds from:
lssue :
Bqtn8,l
CIR v. St. Lukes Medical Center, G.R. L/o. 795960, September 26, 2012
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De Costro v . JBC, 675 SCRA 565 [2010] - provision read with AB, Sec. 4(1)
Facts:
a Prior to the conduct of the May 2070 elections, President Gloria
Macapagal *Arroyo (PGMA) issued more than 800 appointments to
various positions in several government offices. For purposes of 2070
elections, 10 March 2O7O was the cut-off date for valid appointments
and the next day, 11 March 2070 was the start of the ban on midnight
appointments.
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lssue :
Ruling:
. The appointments were void.
Reasoning:
r The following elements must exist in making a valid appointment: (a )
authority to appoint and evidence of exercise of such authority; ( b )
Boy Scouts v COA, G-R. 7771-31, G.R. No. 777L, June 7, 2077 - power
to controf over BSP.
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Facts:
Governor Tan of Sulu declared a state of emergency in Sulu citing the
kidnapping of ICRC members, describing it as a terrorist act pursuant to
the Human Security Act. He also invoked Section 465 of the Local
Government Code bestowing him the power to carry out emergency
measures during man-made and natural disasters and calamities, and to
call upon the appropriate national law enforcement agencies to suppress
disorder and lawless violence.
a The Proclamation further called upon PNP and Civilian Emergency Force to
set up checkpoints, conduct general search and seizures, including arrests,
and other actions to ensure public safety.
lssue:
3 Does the Governor have such powers pursuant to Section 455 in relation
to Section 16 of the Local Government Code?
Ruling:
o The Governor does not possess the same calling-out powers as the
President.
A provincial governor is not endowed with the power to call upon the
armed forces at his own bidding. The calling-out powers contemplated
under the Constitution is exclusive to the President, and an exercise by
another official, even if he is the local chief executive, is ultra vires, and
may not be justified by the invocation of Section 465 of the Local
Government Code . Neither is the provincial governor authorized to
convene a local civilian group or an organization of private citizens as it is
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Facts:
a On 4 September 2A7 6
President Rodrigo R . Duterte declared a state of
national emergency Proclamation 5 5 ) on account of lawless violence in
(
lssue :
a Was the declaration of Martial Law in accord with Article 7, Section 1B?
Ruling:
e Proclamation 276 is constitutional.
Reasoning:
c The void-for-vagueness rule does not apply to the Proclamation which
involved conduct and not speech . ln AJ , 51B, on the declaration of
Martial law and / or suspension of the privilege of the writ of hobeas
corpus, standing is relaxed whereby any citizen, even not a taxpayer, ffidy
question the declaration . The process may be triggered by a complaint,
petition or a matter to be resolved by the court.
a The jurisdiction of the Supreme Court to review the exercise of the
extraordinary powers to declare Martial Law or suspend the privilege of
the writ of habeas corpus is distinct from AB, Section 1 and Article B,
Section 5 . This is sui qeneris in character.
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The 7gB1 Constitution codified the ruling in Lansang (149 Phil. 54'l ) ,
which held that an inquiry into the factual basis of the declaration of
Martial Law and / or suspension of the privilege of the writ of habeas
corpus is not a political question. The 7981 Constitution further extends
judicial review to the determination of the sufficiency of the factual basis
f or the declaration of Martial Law or suspension of the writ of hobeas
corpus.
a Three (3 ) parameters must be satisfied initially by the Court in inquiring
into Proclamation 276, namely: (a) actual (not mere threat) of
existence of rebellion or invasion; ( b ) public safety requires exercise of
Presidential power; and, (c) probable cause, meaning, common sense that
more likely than not a crime has been committed and there is no need
to resort to calibration of rules of evidence but only to weigh facts and
circumstances. The precise extent or range of rebellion cannot be
measured by exact metes and bounds. Rebellion may be a predicate
crime under a speciat law on terrorism (Human Security Act) but does
not result to an automatic absorption of rebellion in terrorism .
a The sequence of the three (3 ) Commander-in-Chief powers is not
exclusive but merely refers to scope. A nullification of Proclamation 216
does not affect the prior Proclamation 55 calling out the Armed Forces of
the Philippines.
a A comparison of
the three Commander-in-Chief powers shows as follows:
(a ) ln the calling-out power, the Court could examine whether the
President acted within permissible constitutional boundaries and not with
grave abuse of discretion and that ordinary police action may be
undertaken. The actual use of AFP is not within judicial review; while,
(b ) ln Martial Law or suspension of the privilege of writ of habeos
corpus, there must be actual invasion or rebellion; effectivity of the
declaration on suspension is for 60 days; Congressional and judicial review
may be undertaken; and, liberties may be curtailed.
a The power of the Supreme Court to review Proclamation 27 6 may be
exercised simultaneously with the Congressional review mechanism. While
judicial review is passive in nature, the Congressional rnechanism is
automatically exercised. The Court will not require absolute correctness of
the facts or factual basis underlying lVlartial Law or suspension of the
privilege of writ of habeas cor"pus but Congress may inquire into the
accuracy of such facts . The President makes a judgment call based on
information prior to the proclamation or suspension. He may withhold
some confidential information so as not to prejudice operations. There is
even no need for the Defense Secretary's recommendation as a condition
precedent before the President acts to issue the proclamation or
suspension . This is one he should act in person .
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Atty. Alicio Risos-Vidol v. Alfredo Lim, G.R. No. 206556, Januory 27, 2075
Facts :
lssue :
Ruling:
r He is qualified to run as Mayor,
Reasoning:
o Former President Estrada was granted absolute pardon that fully restored
all his civil and political rights, including the right to seek public elective
office.
o The pardoning power of the Fresident cannot be limited by legislative
action as provided in Articles Vll, Section L9 and lX-C, Section 5 of the
Constitution . Articles 3 6 and 47 of the Revised Penal Code cannot be
interpreted to mean a diminution of the President's power.
r lt is apparent from the foregoing constitutional provisions that the only
instances in which the President may not extend pardon remain to be in:
(1) impeachment cases; (2) cases that have not yet resulted in a final
conviction; and (3 ) cases involving violationi of election laws, rules and
regulations in which there was no favorable recommendation coming from
the COMELEC. Therefore, it can be argued that any act of Congress by
way of statute cannot operate to delimit the pardoning power of the
President.
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San Diego v. People, G.R. l/o. 775114, April B, 2015, 755 SCRA 260
Facts :
a Grace San Diego was charged with qualified theft before the RTC of
Bulacan. The trial court found the accused guilty beyond reasonable doubt
of the crime charged and sentenced her "to suffer the penalty of reclusion
perpetuo f or forty years without pardon before the lapse of forty years
and with the accessory penalties of death under Article 40 of the Revised
Penal Code..."
lssue:
a May the Judge impose the penalty without possibility of clemency?
Rulins:
o The portion "without pardon" in the decision is unconstitutional .
Reasoning:
. This had the effect oflimiting the power of the Chief Executive.
The exercise of pardoning power is discretionary on the part of the President.
Facts
a Land Bank of the Philippines (LBP) and the lnternational Bank for
Reconstruction and Development (IBRD) entered into a loan agreement
4833-H which required the participation of two (2) local governments by
way of a subsidiary loan agreement (SLA) with LBP . LBP subsequently
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signed a SLA with lligan City which provides that the goods, works and
services to be financed out of the proceeds of the loan were to be
procured in accordance with the IBRD procurement guidelines.
a Atlanta lndustries participated in the bidding but was disqualified. During
the re-bidding, Atlanta called the attention of the Bids and Awards
Committee ( BAC ) for not having applied the bidding process prescribed
the Government Procurement Policy Board. The BAC declared that the
bidding was not covered by R.A. 9784.
a Atlanta filed a suit to enjoin the bidding before the RTC which ruled that
lligan City cannot claim exemption from R . A . 978 4 because it was LBP
which entered into the agreement with IBRD . The RTC ruled that R . A.
9lB4 applies.
lssue:
a ls the loan agreement between the LBP and lligan City an
(SLA )
executive agreement similar to the loan agreement between LBP and IBRD
(4833-H) and deemed exempt from the application of R.A. 9LB4?
Ruling:
o The RTC decision, GR Non is reversed . The petition for prohibition is
dismissed.
Realqnlngi
a R. A.9784, Section 4 recognizes the country's commitment to abide by
its obligations under any treaty or international or executive agreement.
The terms and conditions of loan agreement between LBP and IBRD
(4833-H) were incorporated and made part of the SLA. The latter
agreement cannot be treated as an isolated contract but as a conjunct of
4833-H. lt is a mere a:iteE.$S:i llcO*.iialat whose nature and consideration
are thus the same as the princlpal contract.
Saguisag v. Executive Secretary Ochoa, G.R. Nos. 272426 and 272444 lonuary
72,2075
Facts:
a The Philippines and the United States entered into the Enhanced Defense
Cooperation Agreement ( EDCA ) in 207 4 . The Senate through Resolution
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105 expressed strong sentiment for EDCA to become valid and effective, it
must fir:st be transmitted to the Senate for deliberation and concurrence.
a Based on the terms of EDCA there will be an identification of Agreed
Locations where the following activities may be undertaken by the
American Military and civilian personnel and American contractors: training,
refueling of aircraft, bunkering vessels, temporary accommodation,
preposition of equipment, deploying of forces and materiel, etc...
a Petitioners argued that EDCA must be in the form of a treaty and that it
infringes on the sovereignty of the Philippines.
lssue :
Ruling:
o lt is an executive agreement.
Reasoning:
. There are two types of executive agreernents, namely: (a ) purely
independent of legislative action (e . g . exchange of notes ) ; and, (b )
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and storage services during an approved activity under the existing military
arrangements.
a EECA. therefore, is a mer,e contraCt of use a.Fd a:ccess. Operational control
is less than effective command and control . Operational control inside the
Agreed Locations is limited to construction activities .
a The Philippines never ceded sovereign power over the Agreed Locations .
Under the VFA, the Philippines allowed construction during "temporary
visit" of U . S . personnel (authorized presence ) ; while under EDCA, it
allowed the building of "permanent facilities" to be owned later by the
Philippines (authorized activities ) .
a To determine "basing" under Article 18, Section 25, the following may be
applied : (a ) independence from foreign control; ( b ) exercise of Philippine
sovereignty and applicable law; and, (c ) respect for national security and
territorial integrity.
a For purposes of application of lnternational Humanitarian Law, the principle
of distinction on military targets should exclude the Agreed Locations under
EDCA as legitimate targets by U . S. enemy state .
a ln sum, the test upon entry of foreign troops or establishment of military
bases or facilities is Article 18, Section 25, while activities thereafter will
no longer require
Facts :
lssue :
a whether or not the NsA contravenes our obligation under the Rome
statute and universally recognized principles of international law.
a Whether or not the NSA requires concurrence by the Senate .
Ruling:
o NSA is valid and constitutional
Reasoning:
o Characterization of international agreements is not cast in stone . Choice of
the form is based on intent of parties.
o The principle of complementarity underpins the creation of lCC. Besides
under Article 9B of the Rome Statute, the ICC "may not proceed
with a request for surrender which would require the requested State to
act
inconsistently with its obligations under international agreements
pursuant to which the consent of a sending State is required to surrender
a person of that State to the Court, unless the court can first obtain the
cooperation of the sending State for the giving of consent for the
surrender. "
o The Philippines is a mere signatory State not ratifying State and, therefore,
merely obliged to refrain from acts which would defeat the object and
purpose of a treaty.
o But even under Article 90 (4 ) of the Rome Statute, "if the requesting
State is a State not Party to this Statute, the requested State, if it is not
under an international obligation to extradite the person to the requesting
State, shall give priority to the request for surrender from the Court."
o NSA does not amend R.A. No. 9851 on lnternational Humanitarian Law,
specifically Section 71 (Jurisdiction ) which provides options for the
Philippine authorities, in the event another court or international tribunal is
already conducting investigation or undertaking prosecution of crimes
covered by R . A. No . 9B 51 . The Philippine authorities have the option
to surrender or extradite suspected or accused persons in the Philippines
to an international court or to another State pursuant to extradition laws
and treaties. R.A. 9851 is a subsequent law to the NSA.
Facts:
o Documents signed:
(1) rylqu between CNMEG and NORTH RA|L feasibility study on
Railwall line lVlanila * San Fernando, La Union.
(2) MOU between EXIMBANK of China and DOFIGRP China to give
Preferential Buyer's Credit to GRP to finance Northrail Project.
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lssues:
. Nature of : (a) CNMEG - as agent of Chinese government -
(b) Northrail Project as product of executive agreement
(c) Transaction as iure imperii
Reasoning:
. Two types of sovereign immunity : (a ) absolute ; and, (b ) restrictive .
r Prevailing practice is "restrictive immunitv" in matters of purely commcrcial
activities of states.
o CNMEG is engaged in proprietary activitv - construct railway.
. Read the Contract Agreement between CNMEG and Northrail in relation to
other documents (MOUs ) showing that it is CNMEG's initiative not the
Chinese Government's intent to carry out transaction .
o CNMEG is a 'llqlg--gqrcglelgn" within PRC, but, the use of the term is
only descriptive of its nature as a GOCC and its assignment as Primary
Contractor did not imply it was acting on behalf of China in the
performance of the latter's sovereign functions . lt is akin to a GOCC
without an original charter and, therefore, may be sued and could sue
under Section 35 of the Corporation Code.
. The:.,LOa-n':,,Agr.ee-meht,iS ,ldbtr.,ran;:eie'butiliid.,iagi.bement. the choice of laws
of PRC as governing law . There is a waiver of immunity. The Loan
Agreement must be viewed in relation to the Contract Agreement, i. €.,
purely commercial in nature.
. The certification executed by the Economic and Commercial Office of PRC's
Embassy stating that the Northrail project is in pursuit of a sovereign
activity is not the kind of certification that can establish CNMEG's
entitlement to immunity from suit. Neither would the OSG's and OGCC's
indorsements be sufficient.
c An agreement to submit disputes to arbitration, similar to the U . S.
Foreign Sovereign immunities Act of L916 is an implicit waiver of
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Vinuyo, et al . Romulo, G.R. No. 762230, April 28, 2070 ond August 72,
2074 (MR)
Facts :
lssues :
Rulins:
rNo The Court can only urge and exhort the Executive Department.
!qason!4gq
. Espousal of claims on behalf of nationals is a discretionary act lodged in
the Executive Branch .
o lt is not the individual's rights that are being asserted, but the state's
own rights.
. There is no sufficient evidence to establish a general international
obligation for states to exercise diplomatic protection of their own
nationals abroad .
. The San Francisco Peace Treaty of 1951 and the Bilateral Reparations
Agreement of 7956 have dealt with all claims of the Philippines and its
nationals referring to Article 14 of the Treaty of Peace on payment of
reparations for damage and suffering caused by Japan and a waiver of all
reparation claims arising out of any actions taken by Japan.
. lnternational settlements generally wipe out the underlying private claims
thereby terminating any recourse under domestic law.
. Tokyo courts have dismissed suits by former comfort women.
. The US tribunals have also dismissed similar suits.
. The Asian Women's Fund was established in 1995 by Japan representing
the government's concrete attempt to address its moral responsibility. A
MOU was signed in 1991 by the Philippines and Japan for medical and
welfare support programs for comfort women.
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Government of
Hongkong Special Administrative Region (HKSAR ) v . Munoz,
G.R. No. 207342, August 75, 2075
Facts:
a Juan Antonio Muffoz, a public servant, is the former head of the Treasury
Department of the Central Bank of the Philippines (CBP ) . He was
instructed to raise 700 million U.S. dollars to fund the buyback of
Philippine debts and the purchase of zero coupon U . S . Treasury bonds.
a Mufioz recommended that the amount obtained through gold loans/swaps,
for which, seven (1) contracts of 100 million U.S. dollars each were to
be awarded to accredited parties. Two (2) contracts were awarded to
Mocatta, London.
Muffoz allegedly entered into transactions with one Ho Chi (CHl) , an
executive of Standard Chartered Bank - The Mocatta Group ( Hongkong )
(MHK) . Some funds were disbursed to the benefits of CHI and Mufroz
personally without knowledge of CBP.
a Muffoz was charged with criminal cases - three ( 3 ) counts of accepting
an advantage as an agent, contrary to Section 9 (1) (a) of the
Prevention of Bribery Ordinance, Cap. 207 and seven (1) counts of
conspiracy to defraud, contrary to Common Law of HKSAR.
HKSAR sent Note No . SBCR 7t / L / 29L6 / B0 dated July 9, 791'7 to the
Philippine Consulate General in Hong Kong for the purpose of extradition
of Mufroz pursuant to the HKSAR-RP extradition agreement of 1 9 95 .
Mufioz was arrested but, subsequently, allowed bail .
a The RTC ruled that the "crimes of conspiracy to defraud and accepting an
advantage as an agent" were extradible offenses.
a The CA, however, concluded on appeal by Muffoz, that the crime of
"accepting an advantage as an agent" should be excluded due to non-
compliance with the double criminality rule.
lssues :
Ruling:
o No . The crime must be dropped from the request for extradition .
Reasoninp:
. The crime of conspiracy to defraudincluded in the agreement is analogous
to Article 315 (2) of the Revised Penal Code on "estafa through false
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Facts:
a The government negotiating panel and the Moro lslamic Libcration Front
(MILF ) negotiating panel signed the Comprehensive Agreement on the
Bangsamoro (CAB ) and the Framework Agreement on the Bangsamoro
(FAB) on 2'7 March 2074 and 12 October 2012, respectively.
a The CAB and FAB essentially called f or an autonomous political entity
named Bangsamoro, replacing ARMM. Several Annexes and an Addendum
were later signed and formed part of the CAB and FAB. These additional
instruments referred to transitional arrangements, revenue generation and
wealth sharing, power sharing, normalization and Bangsamoro waters and
Zones of Joint Cooperation. The relationship between the Central
Government and the Bangsamoro is asymmetrical in character.
a Petitioners questioned the CAB, FAB and its Annexes as unconstitutional for
being a mere reincarnation of the earlier lVlemorandum of Agreement on
Ancestral Domain with MILF but was declared unconstitutional.
a An implementing law, i. e., Bangsamoro Basic Law, has yet to be passed.
lssue :
a Whether the CAB, FAB and its annexes are unconstitutional?
Ruling:
. The petition is dismissed. Any question on the constitutionality, without
the implementing legislation (i-e. of Bangsamoro Basic Law), is
prernature.
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Reasoning:
r The CAB and the FAB mandate the enactment of the Bangsamoro Basic
Law in order for these peace agreements to be implemented. ln the
MOA-AD, there was nothing in the agreement which required the passage
of any statute to implement the provisions of the MOA-AD.
. Under the MOA-AD, the Executive branch assumed the mandatory
obligation to amend the Constitution to conform to the MOA-AD. ln the
present case, there is no such guarantee.
o The Bangsamoro Transition Commission is tasked to draft proposals for
Bangsamoro Basic Law.
Facts:
a Cebu City passed an ordinance pursuant to Section L40 of the Local
Government Code, requiring proprietors, lessees or operators of theatres,
cinemas, concert halls, circuses, boxin stadia and other laces of
amusement, to
a A decade later, on June '1, 2002, R.A. 9161, amending Section 740 of
the LCG, created the Film Development Council of the Philippines and
provided ror an ffistcl-riEthit.:fte*iiXtffiidilisr6.tirqiiiF for films which obtained
il
A't or ttB"
. All revenue from the amusement tax on the graded
grading
film which may otherwise accrue to the cities and municipalities in
Metropolitan Manila and highly urbanized and independent component cities
in the Philippines iildilii;'b16,1iid' fid$t f iii i.d by the proprietors,
operators, or lessees of theaters or cinemas and remitted to the Council
which shall rewa rd the c nd amusement tax to the producers of
the graded film. with the law.
a The Council demanded payment but Cebu City refused and, instead, filed
for declaratory relief before the RTC which declared Sections 1 3 and 7 4
of R. A. 9761 as unconstitutional .
lssue:
a Did the RTC err in declaring Sections 13 and l4 of R.A. 9161
u nconstitutiona l?
Ruling:
a No . However, all remittances of amusement taxes pursuant to Sections 13
and L4 of R.A. 9LB1 prior to the date of finality of this Decision shall
remain valid.
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Reasoning:
o R.A. 9L81 infringed on the principle of local autonomy. What Congress
did in this instance was not to exclude the authority to levy amusement
taxes from the taxing power of the covered LGUs, but to earmark, if not
altogether confiscate, the income to be received by the LGU from the
taxpayers in favor of and for transmittal to FDCP, instead of the taxing
authority. This is a clear contravention of the constitutional command that
taxes levied by LGUs shall accrue exclusively to the LGUs and is repugnant
to the power of LGUs to apportion their resources in line with their
priorities.
o On the otherhand, to order the Council and the producers of graded films
which may have already received the amusement tax incentive reward
pursuant to R. A. 9761 , to return the amounts received to the respective
taxing authorities would impose a heavy financial burden upon them, who
merely relied on good faith in R . A. 9161 . The application of the
operative facts doctrine is proper
Estipono Jr. v. Hon. Lobrigo, G.R. No. 225679, August 15, 2077
Facts:
a Salvador A. Estipona, Jr. was accused of violating R.A. 9165, particularly
Section ll, Article ll (possession of dangerous drugs) . He filed a motion
to be allowed to enter into a plea bargaining agreement. Section 23 of
R . A. 9765, however, prohibited plea bargaining . Accused Estipona, Jr .
argued that this violates the Rule 1B of the Rules on Criminal Procedure.
lssue:
a Does Section 23 of R. A 9165 violate the rule-making authority of the
Supreme Court?
Rulins:
o Yes.
Reasoning:
o The 7981 Constitution altered the provisions of the 1 93 5 and 7913
Constitutions by deleting the concurrent power of Congress to amend the
rules, thus solidifying in one body the Court's rule - making powers.
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Hon Aguinoldo v. H.E. President Aquino lll, G.R. No. 224302, November
aa 2075 and August B, 2017 (MR)
Facts :
a The Judicial and Bar Council (JBC ) published in the Philippine dailies and
posted on the JBC website an announcement calling for applications or
recommendations for the six newly created position of Associate Justice of
the Sandiganbayan . Later, the JBC submitted to the President six ( 6 )
Shortlists in six ( 6 ) separate letters.
a The President appointed six ( 5 ) new SB Associate Justices : Musngi and
Ecorrg (irr cluster 6) ; R. Cruz (in cluster 4 ) ; Mendoza-Arcega (in cluster
2) ; Miranda (in cluster 5 ) ; and Trespeses (in cluster 3 ) .
a Petitioners, all nominees in the shortlist for the 15th SB Associate Justice,
argued that the President could only choose one nominee from each of
the six separate shortlists submitted by the JBC for each specific vacancy,
and no other. They cited that the appointments of Musngi and Econg,
who belonged to the same shortlist for the position of 21sr Associate
Justice in cluster 5 were in violation of Article B, Section 9 of the
Constitution .
lssue :
Ruling:
o No . The clustering of nominees by the JBC is unconstitutional . The
appointments of Musngi and Econg are valid.
Reasoning:
. The JBC, in sorting the qualified nominees into six ( 5 ) clusters, one for
every vacancy, could influence the appointment process beyond its
constitutional mandate of recommending qualified nominees to the
President. Clustering impinges upon the President's power of appointment,
as well as restricts the chances for appointment of the qualified
nominees.
o The Court noted that clustering is a new practice of the JBC. Previously,
the JBC submitted only one shortlist for two or more vacancies in a
collegiate court.
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Article 10, Section 6 (Just Share in National Taxes) and Article 10,
Section 1O (Creation of Cities) in relation to Article 3 (Equal
Protection )
Facts :
o Constitutionality of
Cityhood Laws
. 1 1th Congress 3 3 municipalities converted to cities but 24 other
municipalities not acted upon.
. l2th Congress R.A. No. 900 9 (30 June 2OOL) amended LGC,
Section 4 5 0 increasing annual income requirement
or conversion of a municipality into a city from p2O
f
lssue :
Ruling:
o November 18, 2008 (Carpio) - Cityhood Laws unconstitutional (6-5)
r March 31, 2009 (MR) - Denied MR (6-5)
. April 28, 2oo9 - Denied 2nd MR (6-6)
. December 27, 2009 (Velasco ) - Constitutional (6-a1
. August 4, 2010 (Carpio) - Unconstitutional (1-6)
. February 5, 20tl (Bersamin ) - Constitutional (1-6)
. April 12, 2071 (Bersamin) - Ad Coutelom MR denied (5-5)
r June 28, 20LI (Bersamin ) - MR denied and Entry of Judgment granted
(7_s)
Reasoning:
a Article 10, Section 10, which sets the standard for the creation of LGUs
by mentioning the "critcria established in the local government code and
subject to the approval by a majority of the votes cast in a plebiscite in
the political units directly affected," has been interpreted to mean that:
"Congress can, via either a set of laws or a
consolidated
much simpler, single-subject enactment, impose the said
verifiable criteria of viability. These criteria need not be
embodied in the Local Government Code, albeit this Code is
the ideal repository to ensure, as much as possible, the
element of uniformity. Congress can even, after making a
codification, enact an amendatory law, adding it to the
existing layers of indicators earlier codified ln this case,
the amendatory R. A. No . 9009 upped the already codified
income requirement from PhP20 million to PhP100 million.
At the end of the day, the passage of amendatory laws is
no different from the enactment of laws, i. e . , the cityhood
laws specifically exempting a particular political subdivision
from the criteria earlier mentioned . Congress, in enacting
the exempting lawls, effectively decreased the already codified
indicators . "
a No substantial reduction in "just share" of LCP after Cityhood Laws.
Shares, in fact, increased.
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v. Ermito, G.R.
Novorro No 780050, luly 20,2072 (7st Decision) ond April
12,2011 (MR)
Facts :
o R.A. No. 9355 created the Province of Dinagat lslands out of Surigao
del Norte.
o Petitioners opposed the law because Dinagat had 802 .12 sq . kms. only
and a population of only 105,951 contrary to the requirement of Article
10, Section 1 0 of the Constitution and Section 4 6l of the Local
Government Code.
o The LGC provides for 2,000 sq. kms. and 250,000 population for
creation of a province.
lssue :
c Constitutionality of R, A. No . 9355
Ruling:
. 1st decision - unconstitutional .
. 2nd decision - constitutional .
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Reasoning:
a Under Article 9 (2) of the IRR of the LGC: "The land area requirement
shall not apply where the proposed province is composed of 1 or more
islands . "
a ln Section 4 42 and 4 5 0 of the LGC if the LGU to be created is a
municipality or a component city, consisting of 1 or more islands, then,
these are exempt from the land area requirement . This is absent in
section 467 of the LGC (referring to a province) but is in Article 9 (2)
of the IRR of LGC.
a There appears neither rhyme nor reason why this exemption should apply
to cities and municipalities, but not to provinces . There was an
inadvertent omission in Section 461 of the LGC. The IRR intended to
correct the Congressional oversight.
Umali v.
COMELEC, G.R. No. 203974, April 22, 2014 - plebiscite in
Cobonotuon .
Abas Kida v.
Senote, G.R. Nos. 796277, 796305, 797227, 797280, 197282,
797392, 1 97454, October 18, 2071
Facts :
a R.A. No. 10153 of 201I was passed providing for the synchronization
of the elections in ARMM with national and local elections and it also
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granted the President the power to appoint olCs for the Regional
Governor and Members of the Regional Legislative Assembly.
a Since the passage of the Organic Act for ARMM (R.A. No. 9054 ) ,
several amendments also allowed re-setting of ARMM regional elections.
lssues:
o Validity of synchronization of elections .
. Validity of passage of R . A. No . 10153 in relation to Article 6, Section
26 (2),
o Validity of a supermajority vote and plebiscite (2/3 of both Houses voting
separately) in amending or revising ARMM Law (R.A. No. 9054) in
relation to Article 6, Section 1 and L6 (2) .
o ls ARMM autonomy violated?
. Validity of grant of power to the President to appoint OlCs.
. Validity ofspecial elections .
Ruling:
oft A. No. 10153 is constitutional.
Reasoning:
. The Transitory Provisions contemplating synchronization of national and local
elections include regional elections 1"local" )
o Presidential certification of R.A. No. 10153 as urgent is allowed with a
waiver of the "3-separate days readings" requirement pursuant to Article
5, Section 26 (2) , as interpreted in Tolentino v . Secretary of Finonce.
. R.A. No. 10153 and R.A. No. 9333, which re-set ARMM elections,
did not amend the ARMM Law (R.A. No. 9054) because the latter did
not fix the date of the regular elections in ARMM but merely fixed the
first ARMM elections.
. The supermaiority voting in R . A . No . 905 4 is unconstitutional because
even Article 6, Section 76 (2) only requires a simple majority to
constitute a quorum to do business . To allow a supermajority vote
would give R.A. No. 9054 the character of an irrepealable law.
. Even the plebiscite requirement under R. A. No. 9054 for amending the
date of ARIMM elections is inconsistent with Article 10, Section 1B of the
Constitution because only amendments to the Organic Act in the following
instances require notification through a plebiscite :
(a ) Basic structure of regionol government; (b ) region's judiciol system;
ond, (c ) grant ond extent of legislotive powers constitutionolly conceded
to the regional government under Article 7 0, Section 2 O of the
Constitution .
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Facts
a On July 22, 2010, Rissa Hontiveros-Baraquel, et ol. filed an impeachment
complaint against Ombudsman Merceditas N. Gutierrez upon endorsement
of Party List Representatives Arlene Bag-ao and Walden Bello .
a On July 2J, 2010, the complaint was transmitted to House Speaker
Belmonte
a On August 3, 2070, Renato Reyes, et al. filed another impeachment
complaint against the Ombudsman with a resolution of endorsement by
another group of Party List Representatives . On even date, the House of
Representatives provisionally adopted the Rule of Procedure in lmpeachment
Proceedings of the 14th Congress.
o On August LA, 2AlO, the two complaints were included in the Order of
Business for the following day, August 11, 2070.
c On August \L, 2 0 1 0, the House of Representatives simultaneously referred
both complaints to the Committee of Justice .
On September l, 2010, the Committee on Justice found both complaints
sufficient in form and considered these as having been referred to it at
exactly the same time.
e Meanwhile, the Rules of Procedure in lmpeachment Proceedings of the
15th Congress was published on September 2, 2OtO.
On September '1, 2010, Ombudsman Gutierrez applied for injunctive reliefs
with the Supreme Court . A status quo ante order . (SQAO ) was issued
by the Court en banc,
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lssue:
a Validity of simultaneous referral of impeachment complaints.
RulinR:
. Valid referrals.
Reasonine
a ln exercising its power of judicial review, the Court noted that " (t ) he
unusual act of simultaneously referring to public respondent (Committee on
Justice ) two impeachment complaints presents a novel situation to invoke
judicial power. "
a The Court was asked by the Ombudsman to look into the narration of
facts constitutive of the offenses in relation to her submission disclaiming
the allegations in the complaints. To this the Court reiterated the
Francisco ruling that such determination is a "purely political question. "
a On the matter of provisional adoption of the Rules of lmpeachment of the
14th Congress, to meet the exigency of early filing, the Court found no
grave abuse of discretion on the part of the House of Representatives .
Neither would the absence of publication in the Official Gazette or
newspaper of general circulation amount to a violation of due process in
light of the "discretion of Congress to determine on how to promulgate
its lmpeachment Rules. "
a Finally, the Court found nothing objectionable to the simultaneous referral
of multiple complaints filed. Applying the Francisco ruling, the Court said
that "referring the complaint to the proper committee ignites the
impeachment proceeding. "
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from the archives Resolution No. 64 4 and the verified complaint were
disapproved by the Batasan.
The Supreme Court noted that petitioners are seeking relief "in order
that the impeachment trial can be conducted forthwith by the Batasan
as a body. " Answering in the negative, the Court found no
inconsistency in the Rules in relation to the Constitution . "
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Speaker de
Venecia raised the fear that judiclal review of
impeachment might also lead to embarrassing conflicts between Congress
and the Judiciary. But according to the Supreme Court "a
constitutional crisis is not a reason for this Court to refrain from
upholding the Constitution in all impeachment cases."
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Facts:
a Manila Police District Senior lnspector Rolando Mendoza and four others
were charged with robbery, grave threat, robbery exhortation and physical
injury. An administrative charge for grave misconduct was subsequently
filed with the National Police Commission (NAPOLCOM) .
a Emilio A. Gonzales lll, Deputy Ombudsman for military and other law
enforcement officers, directed NAPOLCOM to turn over the record of
Mendoza's case to his office. On February L6, 2009, after preparing a
draft decision on Mendoza's case, Gonzales forwarded the entire records to
the office of then Ombudsman Merceditas Gutierrez for her review. The
latter approved Gonzales' recommendation finding Mendoza guilty of grave
misconduct and imposed the penalty of dismissal. Mendoza filed a motion
for reconsideration .
Ruling:
eNo
Reasoning:
o Under Section 27 of R. A. 6'77 0, it is the Ombudsman who exercises
administrative disciplinary jurisdiction over the Deputy Ombudsman .
o Section B (2) of R.A. 6'71O is unconstitutional with respect to the Office
of the Ombudsman. The exercise of the President of the power to
remove a Deputy Ombudsman violates the independence of the office of
the Ombudsman.
. Executive power to remove and discipline key officials of the Ombudsman
would result in an absurd situation wherein the office of the Ombudsman
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lssues:
Ruling:
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ReasoninR:
Facts
a A Service Contract between the Philippine Government thru DOE Secretary
Vicente S. Reyes, Jr. and Japan Petroleum Exploration Co. (JAPEX) was
entered into which allowed the exploration, development and exploitation
of petroleum resources within Tanon Strait, a narrow passage of water
situated between the islands of Negros and Cebu .
c Petitioners are toothed whales, dolphins, porpoises and other cetacean
species, which inhabit the water in the Tanon Strait. These are joined by
legal guardians and friends known as "stewards" .
lssues:
o Do the mammals have standing?
o ls the Service Contract valid?
Ruling:
c The mammals do not have standing.
. The Service Contract is void. lt was not signed by the President
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Reasoning:
o Our own Rules of Court demand that parties to a suit be either natural
or juridical . ln this case, the stewards are the real parties in interest.
o ln La Bugal, the Court held that the deletion of words "Service Contract"
in the 7gB1 Constitution did not amount to a ban on them per se.
. Financial or Technical Assistance Agreements ( FTAA ) under the present
Constitution are in fact service contracts but entered into with foreign
corporations acting as contractors. The safeguards today include the
President as signatory to FTAAs with a notice requirements to Congress
within 30 days of the executed agreement.
lssue:
a Was there a violation of the Constitution when DIVICI was allowed to
construct a condominium at the back of Rizal's monument?
Ruling:
a No
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Reasoning:
o No law prohibits the construction . City Ordinance B 1 1 9 on historic sites is
a mere "guide" but does not prohibit construction of a building outside a
historic site or facility.
o R . A. 100 6 6 protects the physical integrity of heritage property if there is
a danger of destruction or significant alteration from its original state.
. Stoppage of DMCI's construction would constitute a taking without
compensation.
o The Venice Charter is a mere codification of guiding principles and not a
treaty instrument.
. DMCI's condominium is not a nuisance per se.
r The SC is not a trier of facts, RTC is the proper venue.
. Article 14, Section 15 is not a self-executing provision .
Facts :
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lssues:
o Does the transaction violate Article I2, Section 11 which limits foreign
ownership of the capital of a public utility to not more than 40%?
o What does "capital" mean in Article 12, Section 11?
Ruling:
1't Decision
o The term "capital" refers only to shares of stock entitled to vote in the
election of directors, and thus only to common shares, and not to the
total outstanding capital stock (common and non-voting preferred shares) .
Reasoning:
a The interpretation is consistent with the intent of the framers of the
Constitution to place in the hands of Filipino citizens the control and
management of public utilities. The deliberations of the Con-Conr reveal
tlrat "capital" refers to voting stock or controlling interest.
a By way of illustration, there will be a glaring circumvention of the
Constitution if a broad definition of capital were to be applied as follows:
"Let us assume a corporation has 10 0 common shares owned by
foreigners and 1,000,000 non-voting preferred shares owned by Filipinos,
with both classes of share having a par value of one peso (P1.00) per
share. Under the broad definition of the term capital, such corporation
would be considered compliant with the 40% constitutional limit on foreign
equity of public utilities - - . This is obviously absurd . ln the example
given, only the foreigners holding common shares have voting rights in the
election of directors, even if they hold only 10 0 shares . "
a PLDT does not dispute that, in fact, foreigners hold 120,046,690 common
shares while Filipinos hold only 66,'750,622 (64.21% - 35.13% ratio) .
This is effective control by foreigners .
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" ...the term 'capital' in Section 11, Article Xll of the l9B1
Constitution refers only to shares of stock entitled to vote
in the election of directors, and thus in the present case
only to common shares, and not to the total outstanding
capital stock (common and non-voting shares ) . Respondent
Chairperson of the Securities and Exchange Commission is
DIRECTED to
apply this definition of the term 'capital' in
deternrining the extent of allowable foreign ownership in
respondent Long Distance Telephone Company, and if there
is a violation of Section 1t, Article Xll of the Constitution,
to impose the appropriate sanctions under the law. "
a Pursuant to the Gamboa directive, Section 2 of SEC- MC No . B provides :
lssue :
Ruling:
c Yes
Reasoninp:
. SEC-tr/lC No. B is
consistent with the Gamboa decision and resolution and
is not tainted with grave abuse of discretion amounting to lack or excess
of jurisdiction .
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Facts :
Ruling:
o PARC has authority to revoke the SDOA by necessary implication from
R.A. No. 6651 which gives it authority in the first place to approve the
SDOA.
o There is no impingement of the impairment clause. A law authorizing
interference in contractual relations is deemed read into the contract. The
SDOA is a special contract imbued with public interest. The rights,
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Facts
a The Bureau of lnternal Revenue (BlR ) assessed DLSU deficiency taxes :
(1) income tax on rental earnings from restaurants,/canteens and
bookstores operating within the campus; (2) value-added tax (VAT) on
the business income; and, ( 3 ) documentary stamp tax ( DST ) on loans
and lease contracts . DLSU protested citing Article lV, Section 4 ( 3 )
exempting all revenues and assets of non-stock, non-profit educational
institutions used actually, directly, and exclusively for educational purposes
from taxes and duties .
lssue:
ls DLSU exempt from a portion of its rental income?
Ruling:
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