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2015) Law
POLICE POWER
Ayala Land Inc sold parcel of land to Spouses Jose Critina Yuson with a restriction
that the property shall be used exclusively for the establishment and maintenance
of a preparatory school, However, the spouses evaded such restriction and thus it is
violates zoning ordinance. The court ruled that zoning ordinance in question, while
valid as a police measure, was not intended to affect existing rights protected by
the impairment clause. It is always a wise policy to reconcile apparently conflicting
rights under the Constitution and to preserve both instead of nullifying one against
the other. - The Learning Child, Inc. and Sps. Felipe And Mary Anne Alfonso
vs. Ayala Alabang Village Association, et al., G.R. No. 134269 July 7, 2010
LEGISLATIVE DEPARTMENT
HRET
The 2004 HRET Rules on summons is silent on how the summons should be served
on the protestee. Significantly, Rule 80 of the 2004 HRET Rules provides that the
1997 Rules of Civil Procedure applies by analogy or suppletorily in so far as the
latter may be applicable and not inconsistent therewith as well as with the orders,
resolutions and decisions of the HRET. In view of the failure of the HRET Rules to
specify the authorized modes of service of summons, resort then is necessary to
Sections 6 and 7, Rule 14, 1997 Rules of Civil Procedure. In the case at bar, the
service of the summons was made through registered mail, which is not among the
allowed modes of service under Rule 14 of the Rules of Court. - Datu Pax Pakung
S. Mangudadatu vs. The House of Representatives Electoral Tribunal and
Angelo O. Montilla, G.R. No. 179813, December 18, 2008
EXECUTIVE DEPARTMENT
POWER OF REORGANIZATION
The President, by virtue of Section 31, Chapter 10, Title III, Book III of the
Administrative Code of 1987, has the continuing authority to reorganize the Office
of the President, "in order to achieve simplicity, economy and efficiency." As such,
the issuance of Executive Order No. 378 by President Arroyo was well within her
prerogative. Its constitutionality can be derived from the exercise of a delegated
legislative power granted by law. Moreover, it purports to institute necessary
reforms in government in order to improve and upgrade efficiency in the delivery of
public services by redefining the functions of the NPO and limiting its funding to its
own income and to transform it into a self-reliant agency able to compete with the
private sector. - Atty. Sylvia Banda, Consoricia O. Penson, Radito V.
Padrigano, et al., vs. Eduardo R. Ermita, in his capacity as Executive
Secretary, The Director General of the Philippine Information Agency and
The National Treasurer, G.R. No. 166620, April 20, 2010
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Furthermore, the third preambular clause of the pardon, i.e., [w]hereas, Joseph
Ejercito Estrada has publicly committed to no longer seek any elective position or
office, neither makes the pardon conditional, nor militate against the conclusion
that former President Estradas rights to suffrage and to seek public elective office
have been restored. A preamble is really not an integral part of a law. It is merely an
introduction to show its intent or purposes. It cannot be the origin of rights and
obligations. Where the meaning of a statute is clear and unambiguous, the
preamble can neither expand nor restrict its operation much less prevail over its
text. Hence if the pardon was intended be conditional, it should have explicitly
stated the same in the text of the pardon itself. Since it did not make an integral
part of the decree of pardon, the 3rd preambular clause cannot be interpreted as a
condition to the pardon extended. - Atty. Alicia Risos-Vidal and Alfredo S. Lim
vs. Commission on Elections and Joseph Ejercito Estrada, G.R. No. 206666,
January 21, 2015
EXECUTIVE PRIVILEGE
Majority of the above jurisprudence have found their way in our jurisdiction. In
Chavez v. PCGG, this Court held that there is a governmental privilege against
public disclosure with respect to state secrets regarding military, diplomatic and
other security matters. In Chavez v. PEA, there is also a recognition of the
confidentiality of Presidential conversations, correspondences, and discussions in
closed-door Cabinet meetings. In Senate v. Ermita, the concept of presidential
communications privilege is fully discussed. As may be gleaned from the above
discussion, the claim of executive privilege is highly recognized in cases where the
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During appeals in criminal cases, the Office of the Solicitor General has the power to
represent the State and the failure of the Court of Appeals to notify the State
through the OSG of the pending proceeding shall constitute deprivation of due
process and shall render all subsequent proceedings null and void. - People of the
Philippines vs. Arturo F. Duca, G.R. No. 171175, October 30, 2009
EQUAL PROTECTION
In view of the various stages of deliberation in the selection process and as a
consequence of his/her duty to faithfully enforce the relevant laws, the discretion of
the President in the matter of the Order of National Artists is confined to the names
submitted to him/her by the National Commission for Culture and Arts (NCCA) and
the Cultural Center of the Philippines (CCP) Boards.
There was a violation of the equal protection clause of the Constitution when the
former President gave preferential treatment to respondents Guidote-Alvarez,
Caparas, Maosa and Moreno The conferment of the Order of National Artists on
said respondents was therefore made with grave abuse of discretion and should be
set aside. - National Artist For Literature Virgilio Almario et al. vs. The
Executive Secretary et al., G.R. No. 189028, July 16, 2013
SEARCHES AND SEIZURES
Without valid justification for the in flagrante delicto arrests of accused-appellants,
the search of accused-appellants persons incidental to said arrests, and the
eventual seizure of the shabu from accused-appellants possession, are also
considered unlawful and, thus, the seized shabu is excluded in evidence as fruit of a
poisonous tree. Without the corpus delicti for the crime charged, then the acquittal
of accused-appellants is inevitable. - People of the Philippines vs. Rolando S.
Delos Reyes, alias "Botong," and Raymundo G. Reyes, alias "Mac-Mac,"
G.R. No. 174774, August 31, 2011
EXPROPRIATION
In the context of the States inherent power of eminent domain, there is taking
where the owner is actually deprived or dispossessed of his property; where there is
a practical destruction or a material impairment of the value of his property; or
when he is deprived of the ordinary use thereof. There is a taking when the
expropriator enters private property not only for a momentary period but for a more
permanent duration, for the purpose of devoting the property to a public use in such
a manner as to oust the owner and deprive him of all beneficial enjoyment thereof.
It cannot be said that the right of eminent domain may be exercised by simply
leasing the premises to be expropriated. In a lease contract, the owner was
compensated and not deprived of the ordinary and beneficial use of his property by
its being diverted to public use, there is no taking within the constitutional sense. -
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ADMINISTRATIVE LAW
The PNP Chief had no jurisdiction to entertain appeal in the guise of a motion for reinvestigation filed by petitioners against the decision of Inspection and Legal Affairs
Division of the CPDC. The motion for re-investigation filed by Judge Angeles with
the PNP Chief is in substance an appeal from the decision of the CPDC District
Director. Since the PNP Chief had no jurisdiction, all actions taken by the PNP Chief
pursuant to the appeal is void. - Judge Adoracion G. Angeles vs. P/Insp. John A.
Mamauag, Spo2 Eugene Almario, SPO4 Erlinda Garcia and SPO1 Vivian
Felipe, G.R. No. 153624, October 24, 2008
Courts will decide cases, otherwise moot and academic, if: first, there is a grave
violation of the Constitution; second, the exceptional character of the situation and
the paramount public interest is involved; third, when the constitutional issue raised
requires formulation of controlling principles to guide the bench, the bar and the
public; and fourth, the case is capable of repetition yet evading review, the above
exceptions do not find application in the instant case. - Office of the Deputy
Ombudsman for Luzon, et al. vs. Jesus D. Francisco, Sr., G.R. No. 172553,
December 14, 2011
ELECTION LAW
DISQUALIFICATION
After a candidate has been proclaimed by the COMELEC, no case for disqualification.
Should COMELEC find probable cause that the proclaimed winner has violated the
Omnibus Election Code and an action for disqualification is instituted as a result, the
Commission should file an information against the winner with regular courts but
shall still dismiss the disqualification case. - Roberto Albaa, Katherine Belo,
Generoso Derramas, Vicente Duran, Ricardo Araque, Merlinda Degala,
Gabriel Aranas, Ernesto Bitoon and Juvic Deslate, vs. Pio Jude S. Belo,
Rodolfo Deocampo and Lorencito Diaz, G.R. No. 158734, October 2, 2009
POLITICAL PARTIES
The twin requirements of due notice and hearing are indispensable before the
COMELEC may properly order the cancellation of the registration and accreditation
of a party-list organization.
Indubitably, if the term-sharing agreement was not actually implemented by
the parties thereto, it appears that SENIOR CITIZENS, as a party-list organization,
had been unfairly and arbitrarily penalized by the COMELEC En Banc. Verily, how
can there be disobedience on the part of SENIOR CITIZENS when its nominees, in
fact, desisted from carrying out their agreement? Hence, there was no violation of
an election law, rule, or regulation to speak of. Clearly then, the disqualification of
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LOCAL GOVERNMENTS
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PUBLIC CORPORATIONS
Not all corporations, which are not government owned or controlled, are ipso facto
to be considered private corporations as there exists another distinct class of
corporations or chartered institutions which are otherwise known as "public
corporations." These corporations are treated by law as agencies or
instrumentalities of the government which are not subject to the tests of ownership
or control and economic viability but to different criteria relating to their public
purposes/interests or constitutional policies and objectives and their administrative
relationship to the government or any of its Departments or Offices. - Boy Scouts
of the Philippines vs. Commission On Audit, G.R. No. 177131, June 7, 2011
POWERS OF LOCAL GOVERNMENT UNITS
Under the Local Government Code, two requisites must be met before a national
project that affects the environmental and ecological balance of local communities
can be implemented: prior consultation with the affected local communities, and
prior approval of the project by the appropriate sanggunian. Absent either of these
mandatory requirements, the projects implementation is illegal. Accordingly, the
information dissemination conducted by respondent province months after the
Environmental Compliance Certificates had already been issued was insufficient to
comply with this requirement under the Local Government Code. Had they been
conducted properly, the prior public consultation should have considered the
ecological or environmental concerns of the stakeholders and studied measures
alternative to the project, to avoid or minimize adverse environmental impact or
damage. In fact, respondent Province once tried to obtain the favorable
endorsement of the Sangguniang Bayan of Malay, but this was denied by the latter.
- Boracay Foundation, Inc., vs. The Province of Aklan, represented by
Governor Carlito S. Marquez, the Philippine Reclamation Authority, and the
DENR-EMB (Region VI) G.R. No. 196870, June 26, 2012
SOCIAL JUSTICE
For sure, the NHAs Order of relocating [Petitioner Magkalas] to her assigned lot and
demolishing her property on account of her refusal to vacate was consistent with
the laws funda-mental objective of promoting social justice in the manner that will
inure to the common good. [Magkalas] cannot disregard the lawful action of the
NHA which was merely implementing P.D. No. 1315. It is also worth noting that
[Magkalas] continued refusal to leave the subject property has hindered the
development of the entire area. Indeed, [Magkalas] cannot invoke the social justice
clause at the expense of the common welfare. - Caridad Magkalas vs. National
Housing Authority, G.R. No. 138823, September 17, 2008
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