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CASE TITLE SCRA

Government Service Insurance


System v. City Treasurer of the City 609 SCRA 330 (2009)
of Manila

Qualifications of
David v. Senate Electoral Tribunal 803 SCRA 435 (2016)
Members (Art. VI. Sec. 3)

Social Justice Society v. Dangerous


570 SCRA 410 (2008)
Drugs Board

Aquino III v. Commission on


Composition of Congress 617 SCRA 623 (2010)
Elections

Aldaba v. Commission on Elections 611 SCRA 137 (2010)

Navarro v. Ermita 612 SCRA 131 (2010)


Bagabuyo v. Commission on Elections 537 SCRA 290 (2008)

Abayon v. House of Representatives


612 SCRA 375 (2010)
Electoral Tribunal

Barangay Association of/n National 586 SCRA 210 (2009)


Party-list System Advancement and Transparency / 592 SCRA 294
(BANAT) v. Commission on Elections (2009)
Atong Paglaum, Inc. v. Commission
694 SCRA 477 (2013)
on Elections

Philippine Guardians Brotherhood


Inc. v. Commission on Elections 619 SCRA 585 (2010)
(COMELEC)

Amores v. Huse of Representatives


622 SCRA 593 (2010)
Electoral Tribunal

Ang Ladlad LGBT Party v.


618 SCRA 32 (2010)
Commission on Elections
Coalition of Association of Senior
Citizens in the Philippines, Inc.
701 SCRA 786 (2013)
(Senior Citizens Party List) v.
Commission on Elections

Lokin, Jr. v. Commission on Elections 621 SCRA 385 (2010)

Senate of the Philippines v. Ermita 495 SCRA 170 (2006)

Señeres v. Commission on Elections 585 SCRA 557 (2009)

ABC (Alliance for Barangay Concerns)


646 SCRA 93 (2011)
Party List v. Commission on Elections

Organizational Structure
Avelino v. Cuenco 83 Phil 17 (1949)
& Sessions of Congress

Santiago v. Guingona, Jr. 298 SCRA 756 (1998)

- SCRA - (GR No.


Baguilat, Jr. v. Alvarez 227757, 25 July
2017)

Parliamentary Privileges
People v. Jalosjos 324 SCRA 689 (2000)
& Immunities

Trillanes IV v. Pimentel 556 SCRA 471 (2008)

Santiago v. Sandiganbayan 356 SCRA 636 (2001)


Pobre v. Defensor-Santiago 597 SCRA 1 (2009)
- SCRA - (GR No.
Trillanes IV v. Castillo-Marigomen 223451, 14 March
2018)

Pimentel v. Senate Committee of the


Discipline of Members 644 SCRA 741 (2011)
Whole

Prohibited /
Liban v. Gordon 593 SCRA 68 (2009)
Incompatible Offices

Electoral Tribunals &


Commission on Bondoc v. Pineda 201 SCR 792 (1991)
Appointments

699 SCRA 522 (2013)


Reyes v. Commission on Elections
/ 708 SCRA 197
Reyes v. HRET
(2013)

Velasco v. Belmonte 780 SCRA 81 (2016)


Ty-Delgado v. House of
782 SCRA 117 (2016)
Representatives Electoral Tribunal

Pimentel, Jr. v. House of


393 SCRA 227 (2002)
Representatives Electoral Tribunal

Tañada, Jr. v. House of


785 SCRA 314 (2016)
Representatives Electoral Tribuna

Abayon v. House of Representatives


791 SCRA 242 (2016)
Electoral Tribunal
Daza v. Singson 180 SCRA 496 (1989)

214 SCRA 789 (1992)


Guingona, Jr. v. Gonzales / 219 SCRA 326
(1993)

Legislative Hearings, 354 US 178, I L 2d


Inquiries, and Watkins v. United States 1273, 77 S Ct 173
Investigations (1957)

Bengzon, Jr. v. Senate Blue Ribbon


203 SCRA 767 (1991)
Commitee

Standard Chartered Bank (Philippine


Branch) v. Senate Committee on
541 SCRA 456 (2007)
Banks, Financial Institutions and
Currencies

Romero II v. Estrada 583 SCA 296 (2009)


549 SCRA 77 (2008) /
Neri v. senate Committee on ??4 SCRA 152 (2008)
Accountability of Public Officers and [Read also separate
Investigayions opinion of Justice
Carpio]

Garcillano v. House of
Representatives Committees on
Public Information, Public Order and
Safety, National Defense and 575 SCRA 170 (2008)
Security, Information and
Communications Technology, and
Suffrage and Electoral Reforms

- SCRA - (GR No.


Balag v. Senate of the Philippines 234608, 03 July
2018)

Enactment of Laws Tolentino v. Secretary of Finance 235 SCRA 630 (1994)


Astorga v. Villegas 56 SCRA 714 (1974)

Philippine Constitution Association v.


235 SCRA 506 (1994)
Enriquez

Presidential Approval or
Gonzales v. Macaraig, Jr. 191 SCRA 452 (1990)
Veto

Pascual v. Secretary of Public Works


110 Phil 331 (1960)
and Communications
Guingona, Jr. v. Carague 196 SCRA 221 (1001)
Bengzon v. Drilon 1992
Belgica v. Ochoa 2013

PDAF-DAP Araullo v. Aquino III

Abakada Gruro Party List v. Purisima 2008


Sabio v. Gordon 2006
Garcia v. Commission on Elections

Lopez v. Roxas 1966

Lansang v. Garcia 1971

Cariño v. Commission on Human


1991
Rights

Republic v. Sagun 2012

Sinaca v. Mula 1999

Director of Prisons v. Ang Cho Kio 1970

De La Llana v. Alba 1982


Echegaray v. Secretary of Justice 1999

Radiowealth v. Secretary of Justice 1999

Re: COA Opinion on the Computation


of the Appraised Value of the
Properties Purchased by the Retired 2012
Chief Associate Justices of the
Supreme Court

Marbury v. Madison 1803

Philippine Association of Colleges and


Universities (PACU) v. Secretary of 1955
Education

Executive Secretary v. Court of


2014
Appeals

Tañada v. Tuvera 1985


Kilosbayan, Inc. v. Morato 1995

Tolentino v. Secretary of Finance 1994

Lozano v. Nograles 2009

Galicto v. Aquino III 2012

Moldex Realty, Inc. v. Housing and


2007
Land Use Regulatory Board

Fabian v. Desierto 1998


Sameer Overseas Placement Agency
2014
v. Cabilles

De Agbayani v. Philippine National


1971
Bank
Tan v. Barrios 1990

Planters Products, Inc. v. Fertiphil


2008
Corporation
League of Cites of the Philippines v.
2009
Commission on Elections
Republic v. Express
2002
Telecommunications Co., Inc.

Fortich v. Corona 1999

Firestone Ceramics, Inc. v. Court of


2000
Appeals

1995, [prerequisite
readings: Philippine
Duplicators, Inc. v.
National Labor
Philippine Duplicators, Inc. v.
Relations Commission
National Labor Relations Commission
(1993) and Boie
Takeda Chemicals,
Inc. v. Trajano
(1993)]
Cabuay, Jr. v. Malvar 2002

Agoy v. Araneta Center 2012

RE: REQUEST OF JURISCONSULT


SAMANODIN L. AMPASO FOR
UPGRADING OF HIS POSITION TO
1996
SALARY GRADE 31, EQUIVALENT TO
ASSOCIATE JUSTICE OF THE
SUPREME COURT

In Re: Transfer of Hearing of Criminal


Case Nos. 13308 (PP v. Crisostomo
Armamento) and 13337 (PP v. Mark
2008
Anthony Perez) from RTC - Br. 4,
Batangas City to the Bureau of
Corrections, Muntinlupa City

In re: Undated Letter of Mr. Louis C.


Biraogo, Petitioner in Biraogo v. 2009
Nograles and Limkaichong
Republic v. Gingoyon 2005

Re: Petition for Recognition of the


Exemption of the Government
2010
Service Insurance System from
Payment of Legal Fees

Re: In the Matter of Clarification of


Exemptions from Payment of All
Court and Sherrifs Fees of
Cooperatives Duly Registered in 2012
Accordance with RA No. 9520
otherwise known as the Philippine
Cooperative Code of 2008

Estipona, Jr. v. Lobrigo 2017

First Lepanto Ceramics, Inc. v. Court


of Appeals, 231 SCRA 37* (1994), 1994
237 SCRA 519

Lapinid v. Civil Service Commission 1991

Chavez v. Judicial and Bar Council 2012

Jardeleza v. Sereno 2014

Villanueva v. Judicial and Bar Council 2015


In Re: Cunanan 2954

Salonga v. Paño 2985

David v. Macapagal-Arroyo 2006

Brillantes, Jr. v. Yorac 1990

Borromeo v. Civil Service Commission 1991

Gaminde v. Commission on Audit 2000

Funa v. Villar 2012

Funa v. Duque III 2014

Macalintal v. Commission on Elections 2003

Civil Service Commission v. Department of


2005
Budget and Management
Caltex Philippines, Inc. v. Commission on
1992
Audit

Development Bank of the Philippines v.


2002
Commission on Audit

Philippine Society for the Prevention of


2007
Cruelty to Animals v. Commission on Audit

Land Bank of the Philippines v. Commission


1990
on Audit

Philippine Deposit Insurance Corporation v.


2008
Commission on Audit

Commissioner of Internal Revenue v.


1993
Commission on Audit

Philippine Airlines, Inc. v. Commission on


1995
Audit

Uy v. Commission on Audit 2000

De Llana v. Chairperson, Commission on


2012
Audit

Saligumba v. Commission on Audit 1982

Orocio v. Commission on Audit 1992

Abakada Guro Partylist v Purisima 2008


Conchita Carpio Morales v CA, Jejomar Binay
2015
Jr

Lecaroz v Sandiganbayan 1984

Cuenco v Fernan 1988

In re: Gonzales 1988

Ombdusman v CA, and former Deputy


2005
Ombudsman for Visayas Arturo Mojica

Francisco Jr. , et al v House of Reps 2003

Ma Merceditas Gutierrez v House of


2011
Representatives Committee

Corona v Senate of the Philippines 2012

People v Sandiganbayan, Efren Alas 2005

Ombudsman v Civil Service Commission 2005

Emilio Gonzales III v Office of the President 2012

Uy vs Sandiganbayan 1999

DOJ vs Liwag

Tapiador v Ombudsman 2002

Estarija v Ranada, Ombudsman 2006


Judge Bonifacio Maceda v Ombudsman
1993
Conrado Vasquez, Atty Abiera

Caoibes v Ombudsman, Judge Alumbres 2001

Lastimosa v Vasquez 1995

Khan v Ombudsman 2006

Garcia-Rueda v Pascacio 1997

Frivaldo v Comelec and the League of


1989
Municipalities

Mercado v Manzano 1999

Caasi v CA and Miguel 1990

Presidential Ad hoc fact-finding committee


1995
on behest loans v Desierto

Daplas v Department of Finance 2017

Urbano and Acapulco v Chavez 1990

DECS Head Ricardo Gloria v CA, Abad, et al 1999

Quimbo v Ombudsman Margarito Gervacio 2005

Ramon Gonzalez v SOLGEN Francisco Chavez 1992


Arias & Data v Sandiganbayan 1989

Philippine Economic Zone Authority v COA 2012

Cruz v Gangan 2003


Tanada v Angara

La Bugal Bl'aan Tribal Assn v Victor Ramos,


DENR sec

Miners Association of the PH v Factoran Jr.

Cruz v DENR Sec

Muller v Muller

Hulst v PR Builders Inc

Manila Prince Hotel v GSIS

Tatad v DPTC Sec Jesus Garcia Jr.

JG Summit Holdings Inc V CA


Gamboa v Teves

Roy III v Herbosa

Metropolitan Cebu Water District v Adala

Associated Commns v Ntl


Telecommunications Comm

Paranaque

Liban v Gordon

Boy Scout v COA

Board of Medicine v Ota

In Re Dacanay
RULING

The City Treasurer assessed real property taxes on the 2 properties (Katigbak [under lease of Manila Hote
Insurance System (GSIS), but GSIS argued that both its old charter and current charter exempt it from all

The Court did recognize, of course, its power of judicial review in exceptional cases. In Robles vs. [House
of the Tribunal are beyond judicial interference, the Court may do so, however, but only "in the exercise o
Tribunal's decision or resolution was rendered without or in excess of its jurisdiction, or with grave abuse o

There is no specific provision in the Constitution that fixes a 250,00 minimum population that must compo
have a minimum population of 250,000 to be entitled to a representative, it does not have to increase its p
- CamSur*

Congress enacted Republic Act 9151 creating Malolos City using the projected population rate instead of th

Navarro, et al. claim that Republic Act 9355, which creates the province of Dinagat Island, is unconstitutio
has a total land area of 802.12 sq. km.

Doctrine: Republic Act 9355 is unconstitutional because it failed to meet the land area requirement of at le
Government Code(LGC). The Constitution mandates that the creation of Local Government Units must follo
Constitution
Rogelio Bagabuyo argued that Republic Act 9371,which increased the legislative districts of Cagayan de Or
conducted per Sec. 8 of the Local Government Code.

Doctrine:A plebiscite is not required because what is involved is only a legislative apportionment. The Cons
abolition or alteration of boundary of a Local Government Unit (LGU) and since a legislative district is not a
dissolution or other similar actions on legislative districts

The HRET has the authority to interpret the meaning of this particular qualification of a nominee of a party
his/her party-list organization. They must look in the context of the facts that characterize such nominees
authority to determine the qualifications and to examine the fitness of aspiring nominees belong to the pa
party or organization has chosen and allowed a disqualified nominee to become its party-list representative
resolution of the dispute is taken out of its hand.

The Barangay Association for National Advancement and Transparency (BANAT), a party-list candidate, qu
as the formula being used. BANAT’s claims were that the 2% threshold is invalid, and that the 20% allotm

On the other hand, BAYAN MUNA, another party-list candidate, questions the validity of the 3 seat rule (Se
are allowed to participate in the party-list elections or is the said elections limited to sectoral parties

The three-seat cap provided prevents the mandatory allocation of all available seats. The filling up of all av
in the party list election. The fixed 2% vote requirement is no long viable due to the increases in both part
requirement cannot be given effect as the 20% of party list seats in the membership of the House of Repr
In determining who may participate in party-list elections, the COMELEC shall adhere to the following para
a. Three different groups may participate in the party-list system: (1) national parties or organizations, (2)

b. National parties or organizations and regional parties or organizations do not need to organize along sec

c. Political parties can participate in party-list elections provided they register under the party-list s
major or not, that fields candidates in legislative district elections can participate in party-list elections only
sectoral wing is by itself an independent sectoral party, and is linked to a political party through a coalition

d. Sectoral parties or organizations may either be "marginalized and underrepresented" or lacking in "welld
special interest and concerns of their sector. The sectors that are "marginalized and underrepresented" inc
veterans, and overseas workers. The sectors that lack "well-defined political constituencies" include profes

e. A majority of the members of sectoral parties or organizations that represent the "marginalized and und
represent. Similarly, a majority of the members of sectoral parties or organizations that lack "well-defined
sectoral parties or organizations that represent the "marginalized and underrepresented," or that represen
respective sectors, or must have a track record of advocacy for their respective sectors. The nominees of n
or organizations.

f. National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominee

Section 6(8) of RA 7941 provides for two separate grounds for delisting; these grounds cannot be mixed o
votes in two preceding elections should now be understood, in light of the Banat ruling, to mean failure to
registered.

The law provides for 2 separate reasons for the delisting of any national, regional or sectoral party organ
that the COMELEC may motu proprio or upon verified complaint of any interested party, remove or cancel,
organization or coalition. The grounds are:
(a) if it fails to participate in the last two (2) preceding elections; or [2007]
(b) fails to obtain at least two per centum (2%) of the votes cast under the party list system in the two (2

Failure of the COMELEC to include a party list as an accredited party list contrary to the orders of the Supr
party list cannot be disqualified for non-participation or for failure to garner the votes required under Secti

A party-list organization’s ranking of its nominees is a mere indication of preference. The law also provides
possessed not only at the time of appointment but during the officer’s entire tenure. A nominee who chan
under the new sectoral affiliation if the change has been effected at least six months before the elections.
both changes in political parties and sectoral affiliation. Such change may occur in the latter within the sam
participate. A candidate who is more than 30 on election day is not qualified to be a youth sector nominee
not more than thirty (30) years of age on the day of election. This age limit covers all youth sector nomine
System Act
The party-list system is reserved only for those sectors marginalized and underrepresented in the past. Th
has been carefully refined by concrete examples involving sectors deemed to be significant in our legal tra
system, not simply because they desire to say something constructive but because they deserve to be hea
only sectors expressly or closely related to those sectors mentioned in Section 5 of R.A. (RA) No. 7941 are
to include the LGBT and other sectors in the party-list system, deference to Congress’ determination on th
and acceptance of any and all socially misunderstood sectors.
The new ground which granted to the party-list organization the unilateral right to withdraw its nomination
developing and guaranteeing a full, free and open party-list electoral system. The success of a party-list sy
organization, by seeing to the transparency of the system, and by guaranteeing that the electorate would
representative.

As long as the acts embraced under Sec. 79 of the Omnibus Election Code pertain to or are in connection
internal matters and cannot be considered as electioneering or partisan political activity. The twin acts of s
organization and are not designed to enable or ensure the victory of the candidate in the elections.

The act of submitting a nomination list cannot be considered electioneering or partisan political activity wit
the purpose of enhancing the chances of aspirants for nominations for candidacy to a public office by a po
electioneering or partisan election activity.

COMELEC has the authority to register political parties, organizations or coalitions, and the authority to can
prerogative to direct that a hearing be conducted on the petition for cancellation of registration of the part
national, regional or sectoral party, organization or coalition while it is the HRET that has jurisdiction over

Senator Tañada invoked his right to speak on the Senate floor to formulate charges against then Senate P
forestall Tañada from delivering his piece. Avelino’s camp then moved to adjourn the session due to the di

Avelino banged his gavel and he hurriedly left his chair and he was immediately followed by his followers.
functions of the Senate. Later, Arranz yielded to Sanidad’s Resolution (No. 68) that Cuenco be elected as t

This was unanimously approved and was even recognized by the President of the Philippines the following
proceeding before the SC to declare him as the rightful Senate President.

The case involved a dispute on the rightful Senate Minority Leader during the 11th Congress (1998-2001),
x [a Speaker of the House of Representative,] it is, however, dead silent on the manner of selecting the ot
choose such other officers as it may deem necessary.' [As such], the method of choosing who will be such
aforequoted constitutional provision. Therefore, such method must be prescribed by the [House of Repres

Petition for mandamus essentially praying that respondents Speaker Pantaleon D. Alvarez (Speaker Alvare
(Rep. Suarez; collectively, respondents), also members of the House of Representatives, be compelled to r
Representatives; and (b) petitioners as the legitimate members of the Minority.

The accused is convicted of the crime of statutory rape and is confined in the penitentiary. Pending his/he
congressman. The Court denied his/her request. Election is the expression of the sovereign power of the p
government and the perpetuation of its benefits. However, in spite of its importance, the privileges and rig

The doctrine of condonation does not apply to criminal cases. Election, or in certain cases of re-election to
on the freedom of action of the said candidate that he could achieve only certain legislative results which c

Defensor-Santiago was preventively suspended by the SB for 90 days in accordance with RA 3019. She as
provides for suspension only for 60 days max.The SC held that the SB had the authority to suspend Santia
RA3019,Sec. 13. Preventive suspension is not a penalty and thus is not a suspension under the purview of
Senator + Red Cross Chairperson
Ruled: not incompatible office because Red Cross is a private institution

Cong. Camasura* is a member of the HRET. Election contest: Pineda v. Bondoc. Camasura is a member of
Camasura from the party and from the Tribunal (implied). Court: Tribunal members have security of tenur
permanent disability, resignation from the pol party he represents, formal affiliation with another pol party

WON COMELEC retains jurisdictions of the case because he was already proclaimed winner. SC: Yes, he w
requirements (POA) have not been satisfied yet.
WON the HRET has jurisdiction to pass upon the qualifications of Reyes. No - he is not yet a member.

Under Sections 17 and 18 of Article VI of the 1987 Constitution and their internal rules, the HRET and the
to the House of Representatives the prerogative, within constitutionally defined limits, to choose from amo
the House in the HRET and the CA. However, even assuming that party-list representatives comprise a suf
their primary recourse clearly rests with the House of Representatives and not with the Supreme Court. Un
show to the House that they possess the required numerical strength to be entitled to seats in the HRET a
proportional representation of political parties in the HRET and the CA can the party-list representatives se
of primary jurisdiction, prior recourse to the House is necessary before direct recourse to the Supreme Cou

WON HRET can declare nuisance candidates.

Voters filed petition for quo warranto v. Aangat Tayo & Abayon (nominee).
Petitioners allege that:
(a) AT is not eligible to obtain a seat in Congress bc they do not represent marginalized and underreprese
part of the urban poor + lost in the prior elections
Abayon: COMELEC OKd, woman, 2nd nominee
SC: HRET has no jurisdiction for the petition for quo warranto because petitioner collaterally attacked AT.
HRET dismissed the pet v. AT but upheld their jurisdiction over Abayon
The Laban ng Demokratikong Pilipino (LDP) was reorganized resulting in a political realignment in the lowe
withdrew the seat occupied by Daza (LDP member) and gave it to the new LDP member. Thereafter the ch
members except Daza who was replaced by Singson. Daza questioned such replacement on the ground th
been existing for more than one year and its members include the Philippine President, and its internal dis
party must survive a general congressional election was never laid down in jurisprudence.The Court ruled
any time the permanent changes and not merely temporary alliances or factional divisions without severan
members.

WON removal was unconstitutional: No. HoR has the sole discretion.

After the May 11, 1992 elections, the Senate was composed of 15 LDP senators, 5 NPC senators, 3 LAKAS
must have a representatives in the CA, the parties agreed to use the traditional formula: (No. of Senators
computation under that formula was that 7.5 members for LDP, 2.5 members for NPC, 1.5 members for LA
majority floor leader, nominated 8 senators from their party; he rounded 7.5 up to 8; and decided that Ta
member of LAKAS-NUCD, opposed the said compromise. He alleged that the compromise is against propo

The SC agreed that the proposed membership was unconstitutional. The proposed scheme does not comp
representation of the political parties in the Senate; to disturb the resulting fractional membership of politi
on proportional representation since it gave the LDP an added member by utilizing the fractional members

Instead, the correct rule is that in Coseteng v. Mitra—a political party must have at least 2 senators in the

Petitioner was not accorded a fair opportunity to determine whether he was within his rights in refusing to
Amendment. The power of Congress to conduct investigations, inherent in the legislative process, is broad
furtherance of, a legitimate task of Congress.

Senate Blue Ribbon Committee Investigation was commenced regarding Kokoy Romualdez’ participation in
privileged speech delivered by Sen. Enrile. Bengzon, called as a witness, challenged the propriety of the in

The SC ruled that the investigation did not have a valid legislative purpose. Investigations must be in aid o
rights of the persons appearing in or affected by the inquiries. Senator Enrile’s privilege speech that promp
a call to look into a possible violation of the Anti-Graft and Corrupt Practices Act. The call seems to fall und
Sandiganbayan. For the Committee to probe and inquire into the same justiciable controversy already befo

The right against self-incrimination may be invoked by other witnesses only as questions are asked of them
Neri, along with other officers, was invited to testify before the Senate Blue Ribbon Committee regarding t
NBN Project, Neri refused to answer, invoking “executive privilege”. In particular, he refused to answer the
whether or not she directed him to prioritize it, and (c) whether or not she directed him to approve. He lat
the communications between GMA and Neri is privileged and that the jurisprudence laid down in Senate v.
privilege. The oversight function of Congress may be facilitated by compulsory process only to the extent t

The communications elicited by the three (3) questions are covered by the presidential communications pr
1st, the communications relate to a “quintessential and non-delegable power” of the President, i.e. the pow
President to enter into executive agreements without the concurrence of the Legislature has traditionally b

2nd, the communications are “received” by a close advisor of the President. Under the “operational proxim
Arroyo’s Cabinet. And,

3rd, there is no adequate showing of a compelling need that would justify the limitation of the privilege an
authority.

Aside from these, other executive privileges include:


1.Deliberativeprocess privilege
2.Military or State Secrets
3.Identity of government informers in some circumstances
4.Information related to pending investigations
5.Foreign relations

A legislative inquiry was carried out regarding the “Hello Garci” tapes in relation to election fraud. The prop
rules of procedure in accordance with Art. VI § 21.

The SC struck down the proceedings for lack of publication of the rules. It would be an injustice if a citizen
either in the Official Gazette or in a newspaper of general circulation in the Philippines” (Civil Code Art. 2)
Internet alone is considered invalid since the provisions state that the rules must be published in the OG o
equivalent of a written document for evidentiary purposes. Thus, it does not make the Internet a medium

The rules must also be republished by the Senate after every expiry of the term of 12 Senators as it is a co
expire after every Senate

The indefinite detention of persons cited in contempt impairs their constitutional right to liberty. The SC fo
citing Section 21, Article VI of the Constitution which requires Congress to respect resource persons appea
gravely abuse its power of contempt, there is still a lingering and unavoidable possibility of indefinite impri
not contemplated and envisioned by the Constitution.
The present controversy revolves around the passage of House Bill No. 9266, which became Republic Act
Manila, Further Amending for the Purpose Sections Ten and Eleven of Republic Act Numbered Four Hundre

Attached to the letter was a certification of the amendment, which was the one recommended by Senator
Senate. the bill was sent to the Senate for its concurrence. It was referred to the Senate Committee on Pr
When the bill was discussed on the floor of the Senate on second reading on May 20, 1964, substantial am
issued a press statement that the enrolled copy of H.B. 9266 signed into law by the President was a wrong
amendments introduced by him and approved on the Senate floor. As a consequence, the Senate Presiden
H.B. 9266. Whether or not the enrolled bill doctrine should be adhered to.

Gonzales, together w/ 22 other senators, assailed the constitutionality of Cory’s veto of Section 55 of the 1
the 1990 Appropriations Bill (Sec 16 FY ’90). Gonzalez averred the following: (1) the President’s line-veto p
therefore, she exceeded her authority when she vetoed Section 55 (FY ’89) and Section 16 (FY ’90) which

ISSUE: Whether or not the President exceeded the item-veto power accorded by the Constitution. Or diffe

HELD: SC ruled that Congress cannot include in a general appropriations bill matters that should be more
inserted by it must be treated as “item,” which can be vetoed by the President in the exercise of his item-v
“provisions” are beyond the executive power to veto, and Section 55 (FY ’89) and Section 16 (FY ’90) were
that should be treated as “items” for the purpose of the President’s veto power

Pascual as governor questions appropriation for construction of road. RA 920 private gain.

Automatic Appropriation for debt, because its higher that budget for education Ra 6831

No, the DAP did not violate Section 29(1), Art. VI of the Constitution. DAP was merely a program b
government spending. As such, it did not violate the Constitutional provision cited in Section 29(1), Art. VI
otherwise, an appropriation made by law would have been required. Funds, which were already appropria

The transfers made through the DAP were unconstitutional. It is true that the President (and even the h
realignment of funds, however, such transfer or realignment should only be made “within their respective
DAP, this was violated because funds appropriated by the GAA for the Executive were being transferred to
Fail to comply to substantial procedural requirements of Ra 7160. Failed send notice for the meeting of the

Lopez was proclaimed VP of the PH. Roxas filed with the PET an election protest contesting the election of
instituted in the SC a prohibition with preliminary injunction on the ground that RA 1793 creating PET is “u
judicial power to hear and decide the election contest

President issued Proclamation No. 889 suspending the privilege of writ of habeas corpus due to the throwi
the Liberal Party of the Philippines. Lansang assailed the validity of the proclamation while Garcia averred

Issue: WoN proclamation is subject to judicial inquiry

Cariño ordered the dismissal and suspension of the teachers involved in a mass concerted action. The teac
due process. Cariño moved to dismiss the complaint on ground of lack of jurisdiction but CHR denied such

Issue: WoN the CHR has jurisdiction to try and decide the complaint filed by the teachers

Nora Fe Sagun is the legitimate child of a Chinese national and a Filipino citizen. She was born on August
majority. At the age of 33 and after getting married to a Filipino, she executed an Oath of Allegiance to th
recourse via a petition for review on certiorari pointing out that while respondent executed an oath of alleg
citizenship.
Issue: WoN an action or proceeding for judicial declaration of Philippine citizenship is procedurally and juri

NO. Under our laws, there can be no action or proceeding for the judicial declaration of the citizenship of a
a given right, legally demandable and enforceable, an act or omission violative of said right, and a remedy
adjudication of the rights of the parties to a controversy, the court may pass upon, and make a pronounce

Kio was convicted and later granted pardon by the President with a condition that he will voluntarily leave
He was identified by the inspector of the Bureau of immigration who later arrested him for violating the co
serve the unexpired portion of his sentence.

Kio filed a petition for writ of habeas corpus with the CFI of Rizal against the Director of Prisons and Execu
CA affirmed the decision of the CFI but it recommended that Kio be allowed to leave the country immediat

Issue: WoN Kio can be allowed to leave the country

De La Llana filed a petition for declaratory relief and/or for prohibition, seeking to enjoin the implementatio
except the occupants of the Sandiganbayan and the CTA, would be considered separate from Judiciary. Th
disregarded.

Issue: WoN BP 129 is unconstitutional for impairing the security of tenure of justices and judges
After the decision of the Court convicting Echegaray became final, SoJ sought the reconsideration of the re
execution of the decision enters the exclusive ambit of the executive branch. Echegaray contends that it is

Issue: WoN the execution of the decision falls on the executive branch

Webster Teletalks were bought for P585 and installed in the 2nd and 3rd floor of the Malacañang Annex w
President, disapproved the purchase and its installation invoking EO 302.

Issue: WoN the Judicial department can make purchases without the prior approval of the Executive

The scheme in the judiciary allowing the sale of their personal properties to retired justices after their incu
attributed to the erroneous appraisal of the value of the property involved using the Constitutional Fiscal A
Atty. Eden T. Candelaria submitted Memo to the SC praying that the Court advise the COA to respect the s
Branch.

Issue: WoN the post-audit examination conducted by COA violated the Judiciary’s fiscal autonomy

Thomas Jefferson defeated John Adams in the 1800 presidential election. Before Jefferson took office on M
courts, added judges, and gave the president more control over appointment of judges. The Act was essen
appoint 16 new circuit judges and 42 new justices of the peace. The appointees were approved by the Sen
James Madison.
William Marbury had been appointed Justice of the Peace in the District of Columbia, but his commission w
State, James Madison, to deliver the documents. Marbury, joined by three other similarly situated appointe
Issue: WoN SC has authority to order the delivery of commissions

PACU assailed the constitutionality of Act No. 2706, which provides the duty of the secretary of public inst
the Philippines, on the grounds that (1) the act constitutes deprivation of liberty and property w/o due pro
of Education unlimited powers and discretion.
Issue: WoN Act 2706 is unconstitutional
With the enactment of RA No. 8042 or the Migrant Workers and Overseas Filipinos Act of 1995, ARCO-Phil
unconstitutional and for the court to restrain its enforcement. They alleged that RA 8042 will cause grave
of constitutionality should apply. RTC issued writ of preliminary injunction enjoining the enforcement of RA
discretion amounting to lack or excess of jurisdiction.

Issue: WoN RTC committed grave abuse of discretion in issuing writ of preliminary injunction
Tañada sought to compel respondents via writ of mandamus to publish in the OG various PDs, LOIns, GOs
for the effectivity of laws. Court ruled that those which have not been published have no force and effect.

Issue: WoN those that have been judicially declared void have retroactive invalidity
Petitioner seeks to declare the Equipment Lease Agreement (ELA) invalid on the ground that it was the sa
inconsistent with and violative of PCSO’s charter and the decision of the Supreme Court on 05 May 1995, t
Issue: WoN petitioner possesses legal standing to file the instant suit

Arturo Tolentino et al are questioning the constitutionality of RA 7716 known as the Expanded Value Adde
from the House of Representatives as required by Section 24, Article 6 of the Constitution. Even though RA
not complete the 3 readings in Senate for after the 1st reading it was referred to the Senate Ways & Mean
ironic however to note that Tolentino and co-petitioner Raul Roco even signed the said Senate Bill.
Issue: Whether or not the EVAT law is procedurally infirm."

Petitioners hoped for the nullification of House Resolution No. 1109 entitled “A Resolution. Calling upon th
revise the Constitution, upon a 3/4 vote of all members of Congress”. The petition seeks to trigger a justic
Article 17, which provides for the procedure for amending or revising the Constitution.
Issue:
Whether or not petitioners’ case has met the requirements for a judicial review.

Facts:
The Senate prompted to conduct legislative inquiries on the matter of activities of GOCC and issued Resolu
unusually large and excessive allowances, bonuses, incentives and other perks of members of the governin
E.O 7 strengthening the supervision of compensation levels of GOCCs and GFIs by controlling the grant of
constitutionality of E.O 7 in his capacity as a lawyer and as an employee of PhilHealth Regional Office. He
on the grant of salary increase and other benefits granted to the GOCC and GFI officials. Moreover, he cla
and implemented.
Issue: Whether or not petitioner Galicto has a locus standi in bringing the petition before the Court.
Facts:
Moldex Realty Inc. is the owner-developer of Metrogate Complex Phase 1 Subdivision. Moldex stopped pay
association that it should assume such obligation. The association objected and refused to pay. Consequen
preliminary injunction and preliminary mandatory injunction. Moldex filed its motion for reconsideration bu
against HLURB decision and it seeks the nullification of the HUDCC Resolution No.R-562. The CA dismissed
lodged before the SC and not to the CA. As much, Moldex filed this present petition. The Solicitor General
over the present petition.
Issue:
Whether the doctrine of hierarchy of courts was violated.

Facts: Teresita Fabian was the major stockholder and president of PROMAT Construction Development Co
he said the decision is final and executory. Fabian appealed the case to the Supreme Court. . Agustin was
Misunderstanding developed between Fabian and Agustin. Fabian tried to terminate their relationship, but
harassment, intimidation and threats that resulted to filing administrative case against Agustin which even
himself. But the case was later referred to the deputy Ombudsman, Jesus Guerrero. The deputy ruled in fa
to the Supreme Court. She averred that Section 27 of Republic Act No. 6770 (Ombudsman Act of 1989) pe
decisions of the Office of the Ombudsman may be appealed to the Supreme Court by filing a petition for c
decision or denial of the motion for reconsideration in accordance with Rule 45 of the Rules of Court"
ISSUE: Whether or not Section 27 of the Ombudsman Act is valid.
Petitioner, Sameer Overseas Placement Agency, Inc., is a recruitment and placement agency.
Respondent Joy Cabiles was hired thus signed a one-year employment contract for a monthly salary of NT
1997. She alleged that in her employment contract, she agreed to work as quality control for one year. In
Sameer claims that on July 14, 1997, a certain Mr. Huwang from Wacoal informed Joy, without prior notic
her salary and passport.” She was asked to “prepare for immediate repatriation.” Joy claims that she was
to her, Wacoal deducted NT$3,000 to cover her plane ticket to Manila.Joy filed a complaint for illegal dism
reversed LA’s decision. CA affirmed the ruling of the NLRC finding respondent illegally dismissed and award
and attorney’s fees
ISSUE:
Whether or not Cabiles was entitled to the unexpired portion of her salary due to illegal dismissal.

FACTS: Plaintiff obtained a loan from PNB in 1939, maturing on 1944, secured by real estate mortgage. 15
proceedings for the recovery of the balance of the loan remaining unpaid. Plaintiff countered with his suit
fifteen years having elapsed from the date of maturity.However, PNB claims that the defense of prescriptio
issued, to 1948, when the subsequent legislative act 2 extending the period of moratorium was declared in
no legal steps for the recovery of the loan. The lower court did not find such contention persuasive and de
ISSUE: W/N the period of the effectivity of EO 32 and the Act extending the Moratorium Law before the sa
Unconstitutionality of a law)
Facts: On the basis of Proclamation 1081 dated 21 September 1972, then President Ferdinand E. Marcos,
create military tribunals "to try and decide cases of military personnel and such other cases as may be refe
arrested and charged in Criminal Case before the Military Commission 1, for the crimes of: (1) murder thro
the Revised Penal Code, in relation to Section 1, par. 6 of General Order 49, for the killing of Florentino Lim
retained in the military court. All the accused pleaded "not guilty." In 1976, a decision promulgated by the
Velez, Jr., Antonio Occaciones, and Leopoldo Nicolas guilty of murder, where each of them was sentenced
years. A sixth accused, Marciano Benemerito, was found guilty of both murder and illegal possession of fir
accused, namely: Oscar Yaun, Enrique Labita, Eusebio Tan, Alfonso Tan, Go E Kuan, William Tan, Joaquin
On 17 January 1981, Proclamation 2045 ended martial rule and abolished the military tribunals and comm
Military Commission 34, et al. (150 SCRA 144), vacating the sentence rendered on 4 December 1984 by M
tribunals have no jurisdiction, even during the period of martial law, over civilians charged with criminal of
functioning as they did during the period of martial law. Conformably with the ruling in Olaguer, the Supre
political detainees who should have been brought before the courts of justice as their offenses were totally

Issue: Whether the reprosecution of Tan, et. al. would violate their right to protection against double jeop

FACTS:
President Ferdinand Marcos, exercising his legislative powers, issued LOI No. 1465 which provided, among
all grades of fertilizers which resulted in having Fertiphil paying P 10/bag sold to the Fertilizer and Perticide
applies to the payment of corporate debts of Planters Products Inc. (PPI)After the Edsa Revolution, FPA vo
demanded a refund but PPI refused. Fertiphil filed a complaint for collection and damages against FPA and
invalid and unlawful resulting to denial of due process of law. FPA answered that it is a valid exercise of th
country and that Fertiphil did NOT sustain damages since the burden imposed fell on the ultimate consum
is as such because it is NOT for public purpose as PPI is a private corporation.
ISSUE:
1. W/N Fertiphil has locus standi
2. W/N LOI No. 1465 is an invalid exercise of the power of taxation rather the police power
Fact:
During the 11th Congress, Congress enacted into law 33 bills converting 33 municipalities into cities. Howe
12th Congress, Congress enacted into law Republic Act No. 9009 (RA 9009), which took effect on 30 June
annual income requirement for conversion of a municipality into a city from P20 million to P100 million. Th
“the mad rush” of municipalities to convert into cities solely to secure a larger share in the Internal Revenu
On 22 December 2006, the House of Representatives approved the cityhood bills. The Senate also approve
June 2007. The cityhood bills lapsed into law (Cityhood Laws) on various dates from March to July 2007 w
Cityhood Laws unconstitutional for violation of Section 10, Article X of the Constitution, as well as for viola
of municipalities into cities will reduce the share of existing cities in the Internal Revenue Allotment becaus
Section 285 of the Local Government Code.

Issue:
The petitions raise the following fundamental issues:
1. Whether the Cityhood Laws violate Section 10, Article X of the Constitution; and
2. Whether the Cityhood Laws violate the equal protection clause.
Facts: National Telecommunications Commission (NTC) granted Bayantel the provisional authority to opera
15, Section 3 of its 1987 Rules of Practice and Procedures.
Respondent Extelcom contends that the NTC should have applied the Revised Rules which were filed with
were deleted and since the 1993 Revised Rules were filed with the UP Law Center.
Issue: WON the 1993 Revised Rules which was filed in the UP Law Center is the law in force and effect in

FACTS:
On 1996, the Office of the President (OP) issued a decision converting a large parcel of land from agricultu
beneficiaries staged a hunger strike in front of the Department of Agrarian Reform (DAR) Compound in Qu
Presidential Candidates (for the upcoming 1998 elections) intervened on behalf of the farmers.Because of
Renato C. Corona issued the so-called, “politically motivated”, “win-win” resolution on 1997, substantially m
ISSUE: WON the “win-win” resolution, issued after the original decision had become final and executory, h

This case involves a 99-hectare land presumptively belonging to the Republicof the Philippines which land
The assailed decision does not indicate the classifcation of the land in question when the herein private re
decision and the original certificate of title as well as transfer certifcates of title issued pursuant thereto hin
the validity of the disposition thereof is in order.
Issue:
WON the SC should hear the case en banc

Facts:
Private respondent union, for and on behalf of its member-salesmen, asked petitioner corporation for paym
wages plus commissions.Petitioner corporation refused the union’s request, but stated it would respect an
respondent union, Director Augusto G. Sanchez of the Bureau of Working Conditions, MOLE, rendered an o
86-12, Item No. 5 (a):Since the salesmen of Philippine Duplicators are receiving a fixed basic wage plus co
month pay provided they worked at least one (1) month during the calendar year. In computing such 13th
by twelve (12). (Emphasis supplied) Notwithstanding Director Sanchez’ opinion or ruling, petitioner refused
fixed wage plus sales commissions.

Issue: WON sales commission is included in the coverage of basic salary for purposes of computing 13th m
GR No. 90380 was rendered by the Supreme Court First Division recognizing the right of ownership of Her
continuous possession since for 30 years and his full compliance with the requirements by the Public Land
Division affirmed, in a Resolution, the CA decision sustaining the Land Management Bureau decision dismis
homestead application of the Adia heirs predecessor in interest, Elino Adia, or the filing of a new applicatio
the government. Meanwhile, pursuant to the decision on GR 90380, the Lopez heirs filed a motion for the
and other structures belonging to Intelligence and Security Group of the Philippine Army which also purcha
Petition seeking for clarification as to the validity and forceful effect of two final and executory but conflict
Issue: GR 110900 is valid.

This case reiterates the Courts ruling that the adjudication of a case by minute resolution is an exercise of
have his case resolved by the Court En Banc pursuant to Section 13 in relation to Sec. 4(3), Article VIII of
by a minute resolution. He thus prayed that it rescind its June 15 and September 21, 2011 resolutions, determine whether it
en banc for proper disposition through a signed resolution or decision.

MUST AT LEAST BE 40 YEARS OLD AT THE TIME OF APPOINTMENT; FAILURE TO COMPLY WITH AGE RE
Court Administrator into the 201 files of Mr. Ampaso revealed that he was born on January 2, 1952. This i
Sheet for judges and in the information sheet for membership in the GSIS which he personally filled up an
on April 10, 1991, he was only 39 years, 3 months and 8 days, and that therefore, he failed to comply wit

As far as practicable, the judge who hears the case should be the one to decide it, as he had the opportun
The practice of allowing one judge to conduct trial and another to render decision in the same case based
serving sentence in the New Bilibid Prisons, Muntinlupa, Metro Manila. Whenever hearings are conducted,
to transfer the records to RTC Muntinlupa, which will then be directed to conduct the entire trial. Then, ret
records to RTC Muntinlupa for the promulgation of the decisions.

Justice Reyes leaked the unpromulgated(ponencia) Biraogo decision. Confidential information means inform
information not yet made public concerning the work of any justice or judge relating to pending cases, inc
internal deliberations and similar papers. The notes, drafts, research papers, internal discussions, internal
uses in preparing a decision, resolution or order shall remain confidential even after the decision, resolutio
unpromulgated ponencia infringes on the confidential internal deliberations of the Court. It is settled that t
In 2003 decision in PIATCO case, the court nullified the Concession Agreement for the Build-Operate-Tran
addresses the issue of the rights of PIATCO to refund, compensate, and reimburse for its expenses in the
to make an initial deposit with anauthorized government depositary, equivalent to the assessed value of th
Government should make immediate payment to the property owner to be entitled to a writ of possession
structures on it.

Court reiterated its ruling in the GSIS case when it denied the petition of the cooperative to be exempted f
relative to fees in petitions for extra-judicial foreclosure.

On 10 March 2010, relying again on the GSIS ruling, the Court En Banc issued a resolution clarifying that t

PHCCI contends that as a cooperative it enjoys the exemption provided for under Section 6, Article 61 of R
and issuances, PHCCI had been continuously assessed and required to pay legal and other fees whenever

Estipona filed a Motion to Allow the Accused to Enter into a Plea Bargaining Agreement, praying to withdra
the same law, with a penalty of rehabilitation in view of his being a first-time offender and the minimal qu
RA 9165 which prohibits plea bargaining in all violations of said law violates the rule-making authority of th

Petitioner assailed the conflicting provisions of B.P. 129, EO 226 (Art. 82) and a circular, 1-91 issued by th
quasi-judicial agencies such as the Board of Investments (BOI). Petitioner argued that the Judiciary Reorg
Appeals to the Court of Appeals from a Final Order or Decision of the Court of Tax Appeals and Quasi-Judi
procedure for appeal laid down therein runs contrary to Article 82 of E.O. 226, which provides that appeals

Petitioner Renato M. Lapinid was appointed by the Philippine Ports Authority to the position of Terminal Su
by private respondent Juanito Junsay on the contention that he should be designated terminal supervisor
appointment. The CSC finds the appeal meritous upon evaluating the parties according to the criteria it pro

Long before the naissance of the present Constitution, the annals of history bear witness to the fact that t
prerogative of the executive and legislative branches of the government. Prompted by the clamor to rid th
the members of the Constitutional Commission saw the need to create a separate, competent and indepen
representative of all the stakeholders in the judicial appointment process and called it the Judicial and Bar

Due to the compulsory retirement of Associate Justice Abad, the JBC announced the opening for applicatio
letter nominating herein petitioner Jardeleza, incumbent Solicitor General of the Republic, for the said posi
candidates, as well as in the schedule of public interviews. Subsequently however, Jardeleza received telep
of the JBC, informing him that Chief Justice and JBC ex-officio Chairperson, Maria Lourdes P.A. Sereno (Ch
integrity of Jardeleza. Jardeleza was not included in the shortlist, hence, the petition for certiorari and ma

The case involves the petitiones appointed as the presiding Judge of the MTC of Compostella Valley (a firs
Tagum. JBC informed him that he was not included in the list of candidates for the said position. He sent a
the decision to not include the name of the petitioner was upheld due to the JBC's long standing policy of
the petitioner to take recourse to the Court.
This case involves an enactment of Congress, decreeing that the bar candidates who obtained grades lowe

The case involves the Court's dismissal of the petition due to the case's moot and academic nature: The co
withdraw the draft ponencia from circulating for concurrences and signatures and to place it once again th
case to warrant the filing of subversion charges is concerned against the respondents, the decision has be

On the 20th Anniversary of EDSA People Power I, President Arroyo issued PP 1017 declaring a state of nat
Seven petitions challenging the constitutionality of the PP and GO were filed against the respondents.

The petitioners were not able to prove that GMA has no factual basis in issuing PP 1017 and GO 5.

The President of the Philippines appointed Yorac as Acting Chairman of Comelec


Issue: Whether the action of the President in appointing Assoc. Comm. Yorac as Chairman of the COMELEC
was valid.

Petitioner contends that RATA and COLA must be included in the computation of his Terminal Leave Pay.

Expiration of Term of the petitioner as Commissioner of CSC:


1.) February 2, 1999- in the Appointment Letter.
or
2.) February 2, 2000- confirmation letter from the Chief President Legal Counsel.

President Macapagal-Arroyo appointed Reynaldo A. Villar


as the third member of the COA for a term of seven (7) years starting February 2, 2004 until February 2, 2011.
April 18, 2008, following the retirement of Chairman Carague on February 2, 2008, Villar was nominated and appointed as Chai
term of his office as COA Commissioner or on February 2, 2011.. Villar insists that his appointment as COA Chairman accorded h
ISSUE: Whether the appointment of Villars as Chairman was unconstitutional.

CSC Commissioner Francisco Duque III was appointed


as member of the Board of Trustees or Directors in an ex officio capacity of the GSIS, PhilHealth, ECC and HDMF.

Petitioner assails the power of Congress through a Joint Congressional


Oversight Committee (JCOC) to review, revise, amend and prove the Implementing Rules and Regulations
(IRR) for RA 9189 (Overseas Absentee Voting Act of 2003) that the COMELEC shall promulgate.

Whether the DBM can validly withhold the appropriated balance of funds against the CSC?
This is a petition filed by Caltex before the Supreme Court questioning the power of COA to disapprove irregular or unnecessary
petroleum products amounting to P335 million or else COA will hold its other reimbursements. The COA issued another demand
offsetting other reimbursements and remittances. CALTEX FILES MR, QUESTIONS SC WHETHER OR NOT COA HAS AUTHORITY

Philippines made an economic recovery loan of $US 310M. In return, PH is tasked to rehabilitate DBP. PH government made the
COA Eufemio Domingo opposed the circular saying it WOULD ENCROACH UPON COA'S CONSTITUTIONAL AND STATUTORY PO

The PSPCA filed a petition before the SC questioning COA's move to audit the animal welfare organization. In 2003, some mem

Commercial bank Land Bank is under the scrutiny of COA after it waived the penalty of Home Savings Bank and Trust Company
penalties under sec 36 of PD445. Land Bank, an entity created to provide support especially during the agrarian reform, was ve
allows Land bank to waive penalties not exceeding 3 percent of the total amount of loans

PDIC assails COA's 2016 ruling prohibiting the condonation of a disallowance incurred by former Finance Sec Roberto de Ocamp
Enforcement Expenses and Christmas gift checks worth P440,068. PDIC condoned the disallowance. COA said these sum was a
multiple position, under sec 13, Art 17 of the Constitution.In 2004, COA sought assistance of the OSG saying PDIC failed to com
since they did not receive any notice of disallowance of the condonation. Issue W o N COA committed grave abuse of dsicretion

This is a petition filed by the Bureau of Internal Revenue contending COA's decision disallowing the payment of an informer's re
milliion (15 percent of the amount) after divulging the National Coal Authority and Philippine National Oil Company's non-payme
ACTUAL RECOVERY OR COLLECTION OF REVENUES accdg to sec 281 of the National Revenue Code. There will be no actual co
money is only conclusive upon the executive agencies concerned, under sec 90 of PD 445. ISSUE: W o N final determination of

The PAL , a GOCC whose majority of stocks are GSIS-owned, assails COA's decision ordering the airline company to get its fuel
percent to second lowest bidder. PAL sought consideration saying DO 19 should not cover PAL since Petron could not supply its
committed grave abuse of discretion? Yes.

The petitioners assail the COA order requiring Uy and others to seek their back wages from the personal funds of Agusan del Su
gvmt's Engineering Offices who were dismissed from service by Paredes to scale down operations. COA rules that payment of th
dismissed employees SC: NO

Taxpayer Gualberto dela Llana filed a petition for certiorari udner rule 65 asking the Court to annul and set aside COA's circular
inspired by a letter he wrote to COA regarding the recommendation of the Senate Committee on Food and Agriculture to set up
of the 1987 constitution. ISSUE: W o N preaudit is a duty of COA which can be lifted by a mere circular

Editha Saligumba accused Leonardo Estella, auditing examiner III in the COA branch in Misamis Occidental, of rape. COA dropp
Saligumba elevated the case to SC as it was contrary to evidence.

Atty Orocio, then general counsel of National Power Corporation (NPC), was held liable for his legal opinion on the accident of t
Abodizo,an agency employee, both suffered FROM 1st and 2nd degree burns. NPC paid for Abodizo's hospitalization expenses, b
deducted account. The refund was made and approved by NPC. Held liable were the approving authority, management examine
the contract, since there is no employer-employee relationship between Abodizo and NPC.

The Abakada Guro Partylist filed a petition for prohibition against the implementation of RA 9335 or the Attrition Act of 2005 wh
the system of rewards and initiatives would turn BOC and BIR into mercenaries and hunters, and would invite corruption and un
Does it run counter to the concept of accountability?
Ombudsman Conchita Carpio Morales files a case against CA and fomer Makati Mayor Jejomar Binay Jr who was accused of plu
of Atty Bondal alleging that the contract was given to the Hillmark Corp without bidding and publication. Binay invokes the cond

Sta, Cruz, Marinduque Mayor Francis Lecaroz was charged with grave of coercion when he took over the operation and control
the jurisdiction of Sandiganbayan (sec 4c of PD 1486 or the act creating the Sandiganbayan) 2) the crime is not related to his w
of CJ Sereno. The case said sec 2 of Art VIII of 1973 Consti proscribes removal of office from office other than impeachment. "T
the fundamental according to ponente CHief Justice Fernando."

Former solon Atty Miguel Cuenco filed a petition for disbarment against Judge Marcelo Fernan for remaining a counsel of the Bo
personal efforts to ensure the proceedings will fall under Fernan's SC division.

This is a continuaton of the Cuenco v Fernan case. Cuenco then wrote a letter to Special Prosecutor Gonzales to act on his com
was also asked to explain why he should not be adminstratively sanctioned.

Ombudsman officials sued Deputy Ombudsman for Visayas Arturo Mojica before the Office of the Ombudsman for sexual harass
recommended for his impeachment. The Ombudsman denied the recommendation saying Deputy Ombudsmen cannot be impea

Two complaints were filed against Chief Justice Hilario Davide. One was filed by former President Joseph Estrada for culpable vi
substance. The second complaint was filed four months after by Reps Gilbert Teodoro, Felix Fuentebella for illegal disbursemnt
filing of second complaint. Petitioners said second complaint was unconstitutional. Can SC take cognizance of impeachment com
Ombudsman Merceditas Gutierrez field a petiton for certiorari and prohibition against two simulatenous impeachment complaint
respondents committed grave abuse of discreton, and violating the one-year bar provision when it filed the complaints. Gutierre
for her involvement in the controversial NBN-ZTE deal.

Corona filed with the SC a petition for certiorari and prohibition with prayer for immediate issuance of TRO and prelominary inju
of the constitution, betrayal of public trust and graft and corruption. Senate argued the Court cannot exercise its power of expa
transgression of the Constitution. Can Corona's petition for cetiorari stand? ***Corona was ousted with only three senators acq

Sandiganyan files anti graft and corrpuption charges against Efren Alas, president and COO of Philippine Postal Savings Bank, fo
Sandiganbayan lacked jurisdiction to try his case as PPSB was a private corporation. Does Sandiganbayan have jurisdiction?

The Ombudsman assails a Civil Service Commission resolution which change s the status of Melchor Carandang and the appoint
meet the eligibility requirement. Carandang, Clemente and De Jesus are all temporarily appointed Graft Investigation Officer III
service position requiring a career service eligibility. Can CSC constitutionally and validly restrict specific discretionary power of a
The office of the President issued a resolution dismissing Deputy Ombudsman Emilio GOnzales III from service for gross neglec
Rolando Mendoza's motion for reconsideratoin on his grave misconduct case for nine months, prompting Mendoza to initiate the
President intervene? Is the President's intervention and decision to dismiss an Ombudsman officer constitutional?

George Uy, a deputy comptroller of teh Philippine Navy, and 19 others were charged with six counts of estafa though falsficatio
jurisdiction to try his case since the facts charged do not constitute an office. Does the sandiganbayan have juridiction over the

An investigation against former PNP General Panfilo Lacson and Colonel Michael Ray Aquino filed by former undercover agent M
Investigation recommended another investigation before the Department of Justice. Prior to their preliiminary investigation beo
pending before the Ombudsman. ISSUE: Does DOJ have jurisdiction to conduct preliminary investigation despite the pendency

Renato Tapiador, a BID Special Investigator, filed a petition against the Ombudsman for ordering his dismissal from public servi
exchange of an alien certificate. Beck alleged that Tapiador demanded for another P7,000 for the completion of the transaction.
administrative sanction. Is this constitutional? (The resolution of this case was later deemed as OBITER DICTUM THAT
Appeals, the Court ruled that the lawmakers intended RA 6770 to provide the Ombudsman with the power to pu
investigation when warranted.)

Harbor Master Edgardo Estarija files a countercharge against his complainant Edward Ranada and the Ombdusman for imposing
possessing P5,000 marked money for illegal extortion activities. In his petition, Estarija questioned the penalty imposed upon hi
governmetn officials. He also said that RA 6770 or the Ombudsman Act of 1989 is unconstitutional because it provides the Omb
remove, suspend, demote, fiine or censure erring offciails?
Antique Judge Maceda files a complaint against the Ombudsma Vasquez and PAO's Napoleno Abiera after the latter filed a case
cases when, in fact, no decision had been rendered or submitted for decision. Maceda said the Court gave him an extension, an
alleged falsifiation?

Judge Florentino Alumbres and Judge Jose Cabiles were fighting over a piece of furniture. Alumbres fiiled two complaints agains
service. Caoibes filed an ex-parte motion for referral saying that it is the SC, not the Ombudsman, who has the authority to mak
exlusive control and supervision of the SC. Ombudsman denied the petition and invoked sec 15 (1) of RA 6770; Should the Om

Provincial prosecutor Lastimosa files a case agaisnt Ombdusman Vasquez for his order preventively suspensing and citing Lastim
Vasquez recommended the filing of rape charges against Sta Fe Municipal Mayor Rogelio Ilustrisimo. Lastimosa, however, said t
the rape was not in connection to his work and public office. Does the Ombudsman have the authority to the disobeying prosec
Petitioners Ismael Khan and Wenceslao Malabanan, former PAL officers were charged before the ombudsman for violations of R
service company where they are shareholders. The petitioners assail the Ombudsman's lack of jurisdiction to hear the case sinc
denied their motion to dismiss as PAL was formerly a private corporation but later acquired by the government, making it a GOC

Leonilo Garcia-Rueda files graft charges against three prosecutors for exonerating Dr Erlina Balatbat-Reyes from her medical ma
after failure of Reyes to properly administer the anaesthesia. Reyes was charged with homicide through reckless imprudence bu
"manifest partiality" in favor of Reyes in the OFfice of the Ombudsman which did not find merit in the petition. DId the Ombuds

The League of Municipalities filed a petition to nullify the election and proclamation of Juan Frivaldo as Sorsogon governor beca
during the Marcos regime. Is his defence meritorious?

Mercado and Manzano both run for the post of Makati vice mayor in 1998. Mercado filed a case to disqualify Manzano claiming
reversed the ruling on the ground that Edu manzano renounced his US citizenship when he attained the age of majority, registe
the Comelec correct?

Caasi filed a disqualification case against Merlito Miguel, a greencard holder running for the Bolinao Municipal Mayor post. Migue
convenience, and for medical purposes. Comelec dismissed the petition. Is Miguel qualified to run for mayor?

The PSI, led by Osias as one of the directors, was named one of the 21 corporations to have obtained behest loans. Behest loan
through the PCGG, sought to recover. Ramos' ad hoc fact finding committee filed corresponding charges against Osias, et al, bu
Dinsay which said that prescription should commence from the time the crime was committed.

Concepcion Daplas, regional director of Cebu's Bureau of Local Government -Finance, was found guilty of dishonesty, grave mis
Ombudsman imposed upon her a penalty of dismissal from service. The CA affirmed the Ombudsman ruling.

Urbano sued SolGen Francisco Chavez (in his personal capacity and not as the State lawyer) for the publication of malicious and
scope of his duty as SOLGEN. The RTC denied Urbano's petition, hence this appeal before the SC. Does the OSG have the autho

Abad et al were public school teachers who were administratively charged and placed under preventive suspension. Margallo wa
guilty of reasonable office rules and regulation. They were reprimanded and then reinstated to their positions. The issue is whe

Petitioner Quimbo is the district engineer of Samar. Quimbo faced preventive suspension after he was accused by his formenan
then filed a motion for the Court to consider his preventive suspension (8 months without pay) as part of his actual penalty. Iss
Gonzalez filed a case against Sol Gen Chavez for withdrawing as counsel for the State and the PCGG in 144 cases on Dec 1990.
District engineer Arias, the Chief Auditor Data, and four other offficials were found guilty by the Sandiganbayan causing injury
the Government for a floodway project. The officers were found guilty by the Sandiganbayan for violating of sec 3 of RA 3019 o
/expenditure of public funds. Of the six accused, only Arias and Data appealed. SC overturned Sandiganbayan's decision becaus

The PEZA Board of Directors is composed of 13 undersecretaries from various government departments. In 2007, PEZA's audito
their every attendance in meetings. Does the PEZA have legal basis in granting per diems (additional compensation) to ex-offici

The COA held Filonila Cruz accountable for her government-issued Nokia 909 Analog phone which was stolen at the LRT station
review on certiorari before the SC questioning COA's decision and "grave abuse of discretion."
Senators led by Senator Wigberto Tanada assailed the country's joining the World Trade Organization for being unconstitutiona
preference of Filipinos and its products over the others. These provisions require trade policy that serves the general welfare, a
Morroco, places in equal footing Filipinos and products with other foreign goods. This was deemed inconsistent with our Filipino

The tribal association filed a petition against PH's Finance and Technical Assistance Agreement with Australian firm WMCP signe
Kudarat and Davao del Sur. Petitioners said the FTAA is unconstitutinoal as it allows fully foreign-owned corporations to exploit,
Saggitarius Mines (60 percent of which is owned by Filipinos; 40 percent by Indophil, and Australian company) ISSUES: Is the P
resources?

Citizens and tax payers Isagani Cruz and Cesar Europa filed a petition for prohibition and mandamus assailing RA 8371 or the In
Regalian doctrine embodid in section 2 of Art 12 of the Consti by DEPRIVING the State ownersip of lands of public domain. Do t

The case talks about the strict prohibition against foreigners' owning of lands in PH. Petitioners Elena and Helmut Muller were m
of Helmut's inheritance from his parents. The Antipolo property is worth P528,000; its construction is worth P1.2M, all funds com
properties, excluding those acquired by gratuitious title. RTC, however, ruled Helmut cannot recover the property or funds beca
the reimbursement of funds, not transfer of title/property. CA ordered Elena to return the P528K and the P1.2M construction co

Dutch National Hulst sued the Land Builders for reneging on its obligation to finish the construction of the 210 sqm residential p
conduct an auction of the property. The auction earned P8.45 M which was delivered to petitioner. THe Court ruled the petition
propertiesin the PH. WoN petitioner is entitled to a reimbursement/claim for damages

The GSIS is sued by the Manila Prince Corp for selling 51 percent of its share to Malaysian firm Rehnong Berhad. The Malaysian
Prince filed this petition to increase its chances of becoming the bid winner. GSIS chose Rehnong Berhdad. Is this constitutiona

Foreign corporations can own facilities, not operate public utilities Senaators Tatad, Osmena and Biazon opposed the implemen
the Hong Kong laws, and therefore, could not own a public utility. The agreement provides that EDSA LRt Consortium will build
from the people, which will be the source of the fees it will pay EDSA Lrt consortium. Hence this petition before the supreme co

A petition was filed against the Court of Appeals questioning the Is a shipyard a public utility? Can Kawasaki purchase beyond P
Petitioner Wilson Gamboa filed a case against Finance Sec Margarito Teves questioning the indirect sale of shares involvin 12 m
amount of shares of FIrst Pacific now is 37 from the old 30.7. This increased the totatl common shareholdings of foreigners to 8

A lawyer and taxpayer assails the constitutionality of SEC-MC no 8

MWCD files a petition questioniing the certificate of public convenience given to Alcala operate and distribute water.

W o N operation of TV or radio requires congressional franchise

The City of Paranaque has threatened the Manila Intl Airport Authority of being subjected to auction sale because of tax delinqu
exemption privileges of GOCCs. MIAA said its not a GOCC, and theat the airport lands, building, runway is part of public domain
not of public domain.
Liban and other members of the QC Red CrossChapter filed a case against Gordon saying he already lost his seat at the Senate

Petitioners want to prove that there are also Filipinos allowed to practice in Japan, or there is no genuine reciprocity. However ,
Ota was allowed to practice.

Petitioner Benjamin Dacanay filed a petition for leave to resume the practice of law. Dacanay became a Canadian Citizen in May
up his PH citizenship in 2004?
DOCTRINE/PRINCIPLE

Doctrine: GSIS is exempt from real property tax because as an instrumentality of the national government
Code (LGC) stripped the GSIS of its tax exemption, Republic Act 8291 later restored the said exemption. H
Manila Hotel Corporation (MHC), but the said taxes shall be paid by the taxable entity (i.e., MHC) pursuant
the unpaid tax attaches to the property and is chargeable against the taxable person who had actual or be

Doctrine: Republic Act 9151 is unconstitutional because the Constitution requires an actual population of 2

Certifications on demographic projection can be issued only if such projections are declared official by the
the basis for the creation of a legislative district must be based on an official and credible source. That is w
Guidelines on the Issuance of Certification of Population Sizes); otherwise the population projection would
Manner of reapportionment

No plebiscite is required for the creation, dissolution or other similar actions on legislative districts. It is on

Sec 5, Art. 6
HRET jurisdiction over members (POA)

Stare decisis
How to determine seats
Those marginalized and underrepresented (LUV OF HIP, p.25, GN)
- labor
- urban poor
- veterans
- overseas workers
- fisherfolk
- handicapped
- indigenous cultural communities
- peasant

Those lacking in well-defined political constituencies (PEWY, p.25, GN)


- professionals
- elderly
- women
- youth

XPN to the principle of stare decisis


Reference: Minero ruling (basis of COMELEC in delisting)
Question of quorum, On the issue of quorum, the SC held that as there were 23 senators considered to be
constitute a majority of the Senate of twenty three senators. When the Constitution declares that a majori
members. Even a majority of all the members constitute “the House”. There is a difference between a maj
requiring less number than the first. Therefore an absolute majority (12) of all the members of the Senate
a quorum.

Furthermore, even if the twelve did not constitute a quorum, they could have ordered the arrest of one, at
doubt about Quorum then, and Senator Cuencowould have been elected just the same inasmuch as there

The Court finds that petitioners have no clear legal right to the reliefs sought. Section 16 (3), Article VI of
alia, "determine the rules of its proceedings." These "legislative rules, unlike statutory laws, do not have th
'are subject to revocation, modification or waiver at the pleasure of the body adopting them.' Being merely
rules may be waived or disregarded by the legislative body at will, upon the concurrence of a majority [of
authority to interfere and unilaterally intrude into that exclusive realm, without running afoul of Constitutio

Privilege against arrest


Privilege of Speech and Debate

Art VI Sec 16(3) "Each House shall determine the rules of its own proceedings"

Incompatible office

When the winning candidate is considered as a member of the Senate or HOR (p. 31, GN)

Sec 17, 18 Art VI of the Constitution


Doctrine of primary jurisdiction

GN, p30

Sec 17, Article 6


Power of contempt - ceases upon:
1) submission of committee report
2) after congresional hearing

Principle of co-equality of legislative power of both houses of congress


Enrolled bill doctrine

Doctrine of Inappropriate Provisions


A provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto (i.e. t

Invalid RA, because not for public gain.

Constitutional sya kase Congress has the power to respond to the imperatives of the national interest.

PDAF-DAP
p. 72, Dean's Circle
No power to initiate recall of proceedings by people. Kasi inherent power sya ng Congress. To establish th

YES. Under Art. VII, Sec. 4 par 7, the SC, sitting en banc, shall be the sole judge of all contests relating to
may promulgate its rules for the purpose.

Additional Note:
SC as the PET
PET is an institution independent but not separate from the judicial department

YES. In Sterling v. Constantin, in which the Supreme Court of the United States, declared that when there
rights secured by that Constitution, the subject is necessarily one for judicial inquiry in an appropriate proc

Upon further deliberation, the members of the Court are now unanimous in the conviction that it has the a
the constitutional sufficiency.

NO. Under Art. XIII, Sec. 18 (1), the CHR has the power to investigate, on its own or on complaint by any
cannot try and decide cases (or hear and determine causes) as courts of justice, or even quasi-judicial bod

NO. Under our laws, there can be no action or proceeding for the judicial declaration of the citizenship of a
which imply a given right, legally demandable and enforceable, an act or omission violative of said right, a
only of the adjudication of the rights of the parties to a controversy, the court may pass upon, and make a
beyond judicial power.

NO. According to the SC, “a political party has the right to identify the people who constitute the associatio
preference Political parties are generally free to conduct their internal affairs free from judicial supervision;
protected right of free association, serves the public interest by allowing political processes to operate with
nominations rests with the party, in the absence of statutes giving the court’s jurisdiction

NO. Under the principle of separation of powers, it is not within the province of the judiciary to express an
the action of the Chief Executive on matters purely political in nature. The matter of whether an alien who
that should be left entirely to the Chief Executive to decide.

NO. Valid abolition of offices is neither removal nor separation of the incumbents. If the abolition is void, t
abolition of an office does not amount to an illegal removal of its incumbent is the principle that, in order t

Removal is to be distinguished from termination by virtue of valid abolition in the office. There can be no t
After the abolition, there is, in law, no occupant. In case of removal, there is an office with an occupant w
strict law, the questions of any impairment of security of tenure does not arise.
Additional Notes:
Art VIII, Sec. 11 “The Members of the Supreme Court and judges of lower courts shall hold office during g
discharge the duties of their office. The Supreme Court, en banc, shall have the power to discipline judges
actually took part in the deliberations on the issues in the case and voted thereon.”
NO. The finality of a judgment does not mean that the Court has lost all its powers nor the case. By the fin
alter the same. Even after the judgment has become final the court retains its jurisdiction to execute and e
of jurisdiction. It cannot be the subject of substantial subtraction for our Constitution vests the entirety of
established by law.

YES. All three departments are co-equal and co-important, each is independent from the other and cannot
mandated sphere. The Judiciary has the power to maintain its existence and do whatever is necessary to p
administration of justice.

YES. Under Art VIII, Sec. 3, the Judiciary shall enjoy fiscal autonomy. The imposition of restrictions and co
mandate of fiscal autonomy as well as the separation of powers upon which our constitutional system is b

Additional Notes:
The CJ and the Court En Banc determine and decide the who, what, where, when and how of the privilege
within the parameters of the Court’s granted power; they determine the terms, conditions and restrictions
The use of the formula provided in CFAG Joint Resolution No. 35 is a part of the Court’s exercise of its disc
benefits can be availed of.

NO. The Court found that Madison’s refusal to deliver the commission was illegal, but did not order Madiso
held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Co
jurisdiction beyond that which Article III, Section 2, established.
Congress did not have power to modify the Constitution through regular legislation because Supremacy Cl
In so holding, Marshall established the principle of judicial review, i.e., the power to declare a law unconst

NO. The court found no justiciable controversy. The power of the courts to declare a law unconstitutional
their protection against actual interference. As such, judicial power is limited to the decision of actual case
question, such as that provided by the petitioner

YES. A law is presumed constitutional until otherwise declared by judicial interpretation. Considering that in
issue a preliminary injunction, the courts must assess all the equities of the situation, including the public i
further both to give and withhold relief in furtherance of public interest than they are accustomed to go wh

NO. The doctrine of operative fact recognizes the existence of the law or executive act prior to the declara
always be erased, ignored or disregarded. The past cannot always be erased by a new judicial declaration
be justified.
NO. Petitioners are not the real parties to the contract. SC held that the previous suit is different from the
does not apply to the case now. Moreover, petitioners did not show what particular interest they have for
are not the real parties to the agreement. The real parties are the ones who can claim a right or are preju

Principle of co-equality of legislative power of both houses of congress HELD: No. By a 9-6 vote, the Supre
with the power of the Senate to propose or concur with amendments to the version originated in the HoR.
initiative must come from the HoR. The proposition of Tolentino concerns a mere matter of form. There is
over what has been done.

HELD:The fitness of petitioners’ case for judicial review is grossly lacking.


1) The petitioners have not sufficiently proven any adverse injury or hardship from the act complained of.
future time for the purpose of proposing amendments or revisions to the Constitution. No convention has
yet been made, and hence, no usurpation of power or gross abuse of discretion has yet taken place. Hous
event that may not occur as anticipated or may not occur at all.There is no room for the interposition of ju
made concrete what it intends to submit for ratification may the appropriate case be instituted.Locus stand
demonstrate that 1) he has personally suffered some actual or threatened injury because of the allegedly
action; 3) the injury is likely to be redressed by the remedy of sought.

HELD:
No, petitioner cannot claim legal stance because he is simply concerned about his entitlement to future sa
accrued. Salary increases are a mere expectancy volatile and dependent on various variables in nature.His
petitioner’s compensation will only depend on usual factors considered by proper authorities was misleadin
suffice to clothe his legal standing. Thus, Petitioner failed to satisfy irreducible minimum condition to trigge

HELD: Yes. The Court does not have the exclusive original jurisdiction over petions assailing the constitutio
to resolve the constitutionality of the first instance. General rule is that this court shall exercise only appell
regulation, except in circumstances where the court believed that in resolving the issue of constitutionality
immediately affects the social, economic and moral well being of the people. Thus, the CA erred in ruling t
court.

HELD:
No. Section 27 of Republic Act No. 6770 cannot validly authorize an appeal to this Court from decisions of
violates the proscription in Section 30, Article VI of the Constitution against a law which increases the App
presented to justify such disregard of the constitutional prohibition which, as correctly explained in First Le
Court a measure of control over cases placed under its appellate Jurisdiction. Otherwise, the indiscriminate
burden the Court.
YES. The award of the three-month equivalent of respondent’s salary should be increased to the amount e
In Serrano v. Gallant Maritime Services, Inc. and Marlow Navigation Co., Inc., this court ruled that the clau
less” is unconstitutional for violating the equal protection clause and substantive due process.
A statute or provision which was declared unconstitutional is not a law. It “confers no rights; it imposes no
not been passed at all.” The clause “or for three (3) months for every year of the unexpired term, whichev
Act No. 10022 in 2010.
Ruling on the constitutional issue
No branch or office of the government may exercise its powers in any manner inconsistent with the Consti
Constitution cannot be trumped by any other law. Said law is considered null and cannot be cured by reinc
provision of law that was already declared unconstitutional remains as such unless circumstances have so
The Court observed that the reinstated clause, this time as provided in Republic Act. No. 10022, violates th
the Solicitor General have failed to show any compelling change in the circumstances that would warrant u

HELD: YES. In an American Supreme Court decision: “The actual existence of a statute, prior to such a de
consequences which cannot justly be ignored. The past cannot always be erased by a new judicial declara
in various aspects, with respect to particular relations, individual and corporate, and particular conduct, pri
executive order prior to its being adjudged void is an operative fact to which legal consequences are attac
response to the plight of the debtors who were war sufferers, this Court has made clear its view in a serie
period that Executive Order No. 32 and Republic Act No. 342 were in force, prescription did not run.
Held: The trial for common crimes before military tribunals and commissions during the martial rule which
his legislative powers, is an operative fact that may not be justly ignored. The belated declaration in 1987
reality of their consequences which occurred long before the Court's decision in Olaguer was promulgated
doctrine of "operative facts" applies to the proceedings against Tan, et. al. and their co-accused before the
military courts over civilians should not be allowed to obliterate the "operative facts" that in the particular
violations of their constitutional right to due process, and that the jurisdiction of the military commission th
had been affirmed by the Supreme Court (Aquino vs. Military Commission No. 2, 63 SCRA 546) years befo
established operative facts, the refiling of the information against Tan, et. al. would place them in double j
protects the accused from harassment by the strong arm of the State: "The constitutional mandate is (thu
protects an accused from harassment, enables him to treat what had transpired as a closed chapter in his
imposed, and is a bar to unnecessary litigation, in itself time-consuming and expense-producing for the sta
criminal prosecution is inflicted only once, not whenever it pleases the state to do so."

HELD:
1. Yes. In private suits, locus standi requires a litigant to be a "real party in interest" or party who stands t
right of the ordinary citizen to petition the courts to be freed from unlawful government intrusion and illeg
and substantial interest in the case such that he has sustained or will sustain direct injury as a result. Bein
waived in the public interest such as cases of transcendental importance or with far-reaching implications
2. As a seller, it bore the ultimate burden of paying the levy which made its products more expensive and
constitutionality of a tax law and use of taxes for public purpose.
3. Yes. Police power and the power of taxation are inherent powers of the state but distinct and have diffe
legislation that may interfere with personal liberty on property in order to promote general welfare. While,
In this case, it is for purpose of revenue. But it is a robbery for the State to tax the citizen and use the fun
those purpose which are traditionally viewed as essentially governmental function such as building roads a
promote social justice. Thus, public money may now be used for the relocation of illegal settlers, low-cost
held:
Petition granted.The Cityhood Laws violate Sections 6 and 10, Article X of the Constitution, and are thus u
the present case is a prospective, not a retroactive application, because RA 9009 took effect in 2001 while
requires that Congress shall prescribe all the criteria for the creation of a city in the Local Government Cod
Third, the Cityhood Laws violate Section 6, Article X of the Constitution because they prevent a fair and ju
prescribed in Section 450 of the Local Government Code, as amended by RA 9009, for converting a munic
statutory construction.Fifth, the intent of members of the 11th Congress to exempt certain municipalities f
Section 450 of the Local Government Code.Sixth, the deliberations of the 11th or 12th Congress on unapp
13th Congress.Seventh, even if the exemption in the Cityhood Laws were written in Section 450 of the Loc
the equal protection clause.
Held: No. There is nothing in the Administrative Code of 1987 which implies that the filing of the rules with
National Administrative Register is merely a bulletin of codified rules. Publication in the Official Gazette or a
rules and regulations can take effect.

HELD:
No; When the OP issued the Order on 1997 declaring the Decision of 1996 final and executory, as no one
its jurisdiction to re-open the case, more so modify its Decision. Having lost its jurisdiction, the Office of th
reconsideration filed by respondent DAR Secretary, which second motion became the basis of the assailed
Rule 43 of the Revised Rules of Court mandate that only one (1) motion for reconsideration is allowed to b
reconsideration was permitted to be filed in “exceptionally meritorious cases,” as provided in the second p
entertained considering that the first motion for reconsideration was not seasonably filed, thereby allowing
President in re-opening the case and substantially modifying its 1996 Decision which had already become
accord finality to administrative determinations. It is required that the judgments/resolutions of a court or
regulations. The purpose is to write finis to disputes once and for all

Held:
Yes. Under the Supreme Court circular no. 2-89, as amended, the following are considered en banc cases.
1.Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, e
in question. (2) Criminal cases in which appealed decision imposes death penalty (3) Cases raising novel q
(5) Cases involving decisions, resolutions, or orders of the Civil Service Commission, Commission on Electio
dismissal of a judge officer or employee of the judiciary, disbarment of a lawyer, or either the suspension
or both. (7) Cases !here a doctrine or principle laid down by the court
en banc or in division may be modified or reversed (8) Cases assigned to a division which in the opinion of
acceptable to a majority of the actual membership of the court en banc (9) All other cases as the court en
merit its attention.

Article 97 (f) of the Labor Code defines the term “wage” (which is equivalent to “salary,” as used in P.D. N

(f) “Wage“ paid to any employee shall mean the remuneration or earnings, however designated, capable o
task, piece, or commission basis, or other method of calculating the same, which is payable by an employe
done or to be done, or for services rendered or to be rendered, and includes the fair and reasonable value
customarily furnished by the employer to the employee. “Fair and reasonable value” shall not include any
case, there is no question that the sales commissions earned by salesmen who make or close a sale of dup
compensation or remuneration paid to salesmen for serving as salesmen, and hence as part of the “wage”
salesmen a small fixed or guaranteed wage; the greater part of the salesmen’s wages or salaries being com
them. No doubt this particular salary structure was intended for the benefit of petitioner corporation, on th
enterprise and diligence and close more sales in the expectation of increasing their sales commissions. Thi
the salary or wage paid to each of its salesmen for rendering services to petitioner corporation.
No. The court held that its decision in GR 90380 is the law of the case binding upon LMB and the CA and i
doctrine or principle of law laid down by the Supreme Court en banc or its divisions may be modified or re
court in violation of the above constitutional provision would be in excess of jurisdiction and therefore inva
In this case, GR 90380 was rendered by the First Division, while GR 90380 was rendered by the Third Divi

It is proper for the Court to deny Agoy’s petition through a minute resolution.While the Constitution requir
which it is based, the Constitution requires the court, in denying duecourse to a petition for review, merely
reversible error in the challenged decision, resolution or order of thecourt. In addition, when there is no re
no need for it to fully explain the denial, since it already meansthat it agrees with and adopts the findings

The Senior Deputy Court Administrator found the comment and explanation of Mr. Ampaso attributing to h
We hold that Mr. Ampasos claim is nothing but a lame excuse and a mere after-thought. It is very unlikely
request another to fill up and file such personal data forms. But granting that he did make such request, s
course of things, he should have read the documents before affixing his signature thereto. That he signed
As an aspiring member of the Bench, it was incumbent upon Mr. Ampaso to check and double-check impo
that someone else prepared the forms or that his own brother must have forgotten (or was not aware of)

The doctrine laid down in U.S. v. Abreu, that it is not necessary that the judge who prepares and signs the
milieu. In said case, the judge who had received evidence resigned before deciding the case. It was held b
and that where competent and admissible evidence is properly taken by a judge who dies, retires or resign
continue his predecessor's functions without a retrial. The case at bar does not involve circumstances whe
retirement or resignation to render the decision. Hence, it is to the best interest of justice that the judge w

The rule prohibiting the institution of disbarment proceedings against an impeachable officer who is requir
only during his or her tenure and does not create immunity from liability for possibly criminal acts or for al
the said impeachable officer is no longer in office because of his removal, resignation, retirement or perma
corresponding sanctions for misconduct committed during his tenure, pursuant to the Courts power of adm
of due process are met, the Court may penalize retired members of the Judiciary for misconduct committe
may impose its authority upon erring judges whose actuations, on their face, would show gross incompete
The 1987 Constitution provides for the expanded rule-making power of the Supreme Court. As stated in Ec
Congress to repeal,alter, or supplement rules concerning pleading, practice and procedure The constitution

Rule 67 cannot apply in this case without violating the 2004 Resolution. Even assuming that Rep. Act No. 8
should then apply. After all, adherence to the letter of Section 2, Rule 67 would in turn violate the Court’s
compensation to PIATCO before the Government may take over the property.

Congress has no more right to exempt certain entities from the payment of legal fees relative to court acti

Since the payment of legal fees is a vital component of the rules promulgated by this Court concerning ple
by Congress. As one of the safeguards of this Courts institutional independence, the power to promulgate
power is no longer shared by this Court with Congress, much less with the Executive.

The Supreme Court held that the power to promulgate rules of pleading, practice and procedure is now Th
departments.

The Court further held that the separation of powers among the three co-equal branches of our governme
pleading, practice and procedure within the sole province of this Court. The other branches trespass upon
modify any of the procedural rules promulgated by the Court.

The Court asserted its discretion to amend, repeal or even establish new rules of procedure, to the exclusi
Court’s authority to promulgate rules on pleading, practice, and procedure is exclusive and one of the safe
The court, pursuant to its Constitutional power under Section 5(5), Article VIII of the 1987 Constitution to
way of implementation of B.P. 129, issued Circular 1-91 prescribing the rules governing appeals to the Cou
judicial agencies to eliminate unnecessary contradictions and confusing rules of procedure. Circular 1-91 e
method of enforcing the right to appeal from decisions of the BOI are concerned. Appeals from decisions o
Supreme Court, should now be brought to the Court of Appeals.
Appointment is an essentially discretionary power and must be performed by the officer in which it is veste
possess the qualifications required by law. If he does, then the appointment cannot be faulted on the grou
political question involving considerations of wisdom which only the appointing authority can decide.

The Civil Service Commission has no power of appointment except over its own personnel. Neither does it
to ascertain if the appointee possesses the required qualifications. The determination of who among aspira
appointing authority and not the Civil Service Commission. It cannot disallow an appointment because it b
appointment of its own choice. While the court appreciate the fact that the Commission (CSC) is a constitu
office in the Republic must know its place in the scheme of the Constitution. The Civil Service Commission
full compliance with its decisions even if the Commission may not agree with them.

With regard to the representative to the JBC coming from the Congress, notwhitstanding that such body h
Fundamental Law itself, there should only be one representative from Congress, subject to both chambers
member at any given time.

The JBC is under the supervision of the Supreme Court. Hence, the Court could oversee the discharge of it
screening and selection of nominees, and criteria or guidelines used.

The supervisory authority of the Court over the JBC is to see to it that the JBC complies with its own rules
Court, through its supervisory authority over the JBC has the duty to inquire about the matter and ensure
The disputed law is not a legislation; it is a judgment revoking those promulgated by the Court during the
certainly can revoke these judgments even now, for justifiable reasons, it is no less certain that only the C
attempt on the part of any of these departments would be a clear usurpation of its functions, as is the cas

The court has the duty to formulate guiding and controlling constitutional principles, precepts, doctrines, o
protection given by the constitutional guarantees.

A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening
Generally, courts decline jurisdiction over such case or dismiss it on ground of mootness.

Even if issues have become moot and academic, the Court has held that it may still proceed to decide the
moot and academic, if:
1. There is a grave violation of the Constitution
2. The exceptional character of the situation and the paramount public interest is involved
3. When constitutional issue raised requires formulation of controlling principles to guide the bench, the ba
4. The case is capable of repetition yet evading review

The appointment is void. A designation as Acting Chairman is by its very terms essentially temporary and therefore revocable
at will. It may be withdrawn by the President of the
Philippines at any time thus, would undermean the independence of the Constitutional Commission. The situation could have be
Elections themselves.
Article IX-A, Section 1, of the Constitution expressly describes all the Constitutional Commissions as
"independent." Although essentially executive in nature, they are not under the control of the President of the
Philippines in the discharge of their respective functions. Each of these Commissions conducts its own
proceedings under the applicable laws and its own rules and in the exercise of its own discretion.

Qualified members of the Judiciary and Constitutional Commissions who retired or shall retire on or after February 1986 shall be

The term of office of Gaminde expired on February 2, 1999.


The operation of the rotational plan requires two conditions, both indispensable to its workability: (1)
that the terms of the first three (3) Commissioners should start on a common date, and, (2) that any vacancy due
to death, resignation or disability before the expiration of the term should only be filled only for the unexpired
balance of the term. Consequently, the terms of the first Chairmen and Commissioners of the Constitutional Commissions under
dates of appointments and qualifications of the appointees, in order that the expiration of the first terms of
seven, five and three years should lead to the regular recurrence of the two-year interval between the expiration
of the terms.

YES. Appointment involving a movement to a different position (Commissioner to Chairman) would constitute a new appointem
shorter period than that specified as term for the office of the Chairman. Thus, if he retired pursuant to the expiration of his ter
provided for in the Constitution. It disturbs in a way the staggered rotational system of appointment under Sec1(2) Art.IX(D).

Duque’s designation impairs the independence of the CSC. CSC Chairman cannot be a member of a government entity that is u

By vesting itself with the powers to approve, review, amend, and revise the IRR for The RA 9189, Congress went beyond the sc
of the COMELEC
The Court has no general powers of supervision over COMELEC which is an independent body except
those specifically granted by the Constitution, that is, to review its decisions, orders and rulings

NO. The no report, no release policy may not be validly enforced against offices vested with fiscal autonomy.
Article IX (A), Section 5 of the Constitution which provides: Sec. 5. The Commission shall enjoy
fiscal autonomy. Their approved appropriations shall be automatically and regularly released.
The auditor general is authorized by the Constitution to disallow ILLEGAL EXPENDITURE OF FUNDS; ILLEGAL USE OF FUNDS A
of 1987.It also has powers tO promulgate accounting rules to prevent irregular, unnecessary, excessive or extravagant expendi
of supposed expenditure.

SC ruled that COA does not have exclusive power to examine and audit gvmt agencies. The Constitution allows concurrent audi
2)promulgate auditory rules and regulations and 3) disallow unnecessary expenditures; others can audit if 1)gvmt borrows mon

SC ruled that COA cannot audit PSPCA. A private corporation with a public function is not under the scope of COA's auditing rev
a quasi public corporation. Jurisdiction of COA includes 1)gvmt and its agencies (subdivisions, agencies, instrumentalities, GOCC
autonomy, and non-government entity receiving subsidy and equity

SC said Land Bank can still be audited by COA for fiscal responsibility, but it has the power to write off penalties. Granting reprie

SC: The notice of disallowance had been affirmed by the SC already in its 2012 resolution. Being a final and executory judgmen
immutable and alterable. An audit disallowance (a liability in viol of law) is not subject to condonation following the principle tha
and circumvented through condonation. SC said PDIC's power to condone is limited to ordinary receivables, penalties and subch
due process.

Under the Article IX-D, COA is not only vested with the power and authority but also given the duty to examine, audit and settle
agencies or instrumentalities. The disallowance of COA is not in itself final, and may be set aside or nullified by Court when ther

PAL, a GOCC, is covered by DO 19. However, COA abused its discretion since PAL's excuses were reasonable. Aircrafts are not o
spending--- the evil COA seeks to avoid. COA has power to exempt certain branches from any regulation, if obedience to it, wou

SC cannot disallow payment of backwages. Even though they were illegally terminated, the payment could not be deemed "irre
intended to prevent irregular, unnecessary, excessive, extravagant or unconscionable expenditures. It cannot disallow necessar
money claims and they are expected to exercise judicial discretion.

NO. Nothing in the Consti says so. The only clear reference was in sec 2 par 1 which provides post audit for gvmt and non-gvm
of preaudit is not a mandatory duty of COA. Coa has the exclusive authority to define its scope of audit and examination. Only p

Is COA the right agency to determine the truth to the matter? NO. Power to review of COA refers to money matters not admin
limited to legal issues. Art 9, sec 2. Main goal is to prevent disallowance of irreg, unnecessary expenditures

Is Orocio personally liable for the disallowance considering that disbursment was made on the basis of Orocio's legal opinion, N
account with the NPC. Only the approving authority, the management examiners annd chief accountant of NPC are deemed liab
opinion but he could not be deemed directly responsible. The opinion can be approved and disapproved by the authority. Memo

NO, A system of incentives for exceeding the set expectations of public office is not anathema to the concept of public accounta
service. SEC 1, art 1. Public Office is public trust. It must at all times be accountable to people, serve people with
modest living.
Condonation doctine was abandoned because it is inconsistent with the concept of public office as public trust and accountabilit
Nueva Eciha, has no legal basis. Election is not a mode of condoning an administrative offense.

Sandiganbayan has also jurisdiction over crimes other than corruption of public officials (in relation to public office), as determin
when he intimidated the gas station owner.

SC said there is no concrete evidence to justify Cuenco's allegations. 2) Judges may only be removed by impeachment,not disba
Constitution, treason, bribery, graft and corruption, other high crimes, betrayal of public trust

SC said members of the Philippine Bar can only be removed via impeachment, and cannot be charged criminally before the San
THe effect of impeachment shall not extend further than removal from office and disqualification to hold office. The party convi
law. The exemption is not immunity from criminal prosecution but observance of fundamental procedural requirements.

ARTICLE 11, SEC2. The list of impeachable officials under the Constitution is exclusive. It does not include Deputy Ombudsm
President, Vice President, members of the Supreme Court, Members of the Concom, and the Ombudsman.

Yes. SC ruled that the power of judicial review includes review over justiiciable issues in impeachment proceedings. Judicial revi
powers, judicial review ensures that its vast powers are utlized only for the benefit of people which it serves. Second impeachm
article 11 of the Constitution.

SC said there was no bias, no grave abuse of discretion, and House formed determinable standards as to the form and subsntan

Yes. However, COrona's case was concluded after he immediately accepted the verdictand wthout any protest vacated the offic
Manananggol ng Manggagawang Pilipino, the Court resolved issues pertaining to judicial review on impeachment complaints.

Yes. PPSB is a subsidiary of the Philippine Postal Corporation which is a GOCC. Artcle XI, Sec 12 of the Constitution provid
, is under the jurisdiction of the Sandiganbayan for purposes of the provision of the Anti Graft an Corrupt Practices Act or RA 30

NO. The position mentioned are unique and highly technical in nature, as tose f the Judiciary. Graft Investigation Officers III are
position of Graft Investigation Officer III as belonging to the CES and require an appointee to acquire CSE eligibility before acqu
the President and would be contrary to the Administrative code since a position not occupied by a presidential appointee would

YES. SC said constructing RA no. 6770 shows that Ombudsman and the President have concurrent disciplinary jurisdiction over
authority through the President wthout diminsihing the constitutional and plenary authority of the Ombudsman.

NO. According to the Sandiganbayan Law, only the following officials could be under the jurisduction of Sandiganbayan: d) Phili
by the public officer and the nature of the accused determine the jurisdiction of the Sandiganbayan. The position of Deputy Com
who has authority to file his case. Ombudsman exercises prosecutorial powers in cases cognizable by the Sandiganbayan.

No. The Ombudsman has primary jurisidiction. The resolution on the matter of the Ombudsman is final.In the preliminary inves
power and right to add an input into the Ombudsman's ivnvestigation, except in cases where these agencies are expressly allow
investigation of police and military officers, public officials, SC adds that te subsequent assumption of jurisdiction by the DOJ in
would promote multiplicity of proceedings which would result in conflicting resolutions regarding the guilt of respondents.

NO. Article II, sec 13, subpara 3 of the Constitution says the Ombudsman can only recommend the removal of public official or
proceedings, the complainant has teh burden of proving, by substantial evidence, the allegations of the complaint. Substantial e
administratively liable, the Ombudsman has no authority to directly dismiss him from the government service, or in his position

Yes. RA 6770 grants the Ombudsman with the power to prosecute offenses committed by public officers and employees to nake
legislature has given the Ombudsman with broad powers to enable him to implement his own actions. Article11, section 13 of th
enact a law that would spell out the powers of the Ombudsman. The powers of the Ombudsman are NOT MERELY RECOMMEND
service an erring public official other than a member of the Congress and Judiciary.
NO. Article 8, sec 6 of the Constitution exclusively vests in the Supreme Court administrative supervision over all courts and cou
municipal trial court clerk. IT is only the SC taht can oersee teh judges' and court personnels' compliance with laws, and take th
government may intrude into this power, without running afoul of the doctrine of separation of powers. The Ombudsman canno

YES.Under Sec 6, Article 8 of the Constitution, the SC is vested with exclusive administative supervison over all courts and its pe
against a judge, or court employee, involves an administrative matter. Sec 16 of RA 6770 says the power of the Ombudsman ap
their tenure. In this case, however, the subject are two members of the Judiciary. The Ombudsman, however, cannot dictate, b
To do so is to deprive the Court from exercising its administrative prerogatives.

According to sec 31 of the Ombudsman Act, the prosecutor deputized by the Ombudsman becomes under his control and super
complaint by any person...when such ommission or act appears to be illegal, unjust, improper or ineffcient. The determination o
to the approval of the Office of the Ombudsman. The Ombudsman has the power to suspend prosecutor.

SC said Ombudsman has no jurisdiction over the case since the accused are not publc officers, and PAL is a GOCC without aorig
(2) of the Constitution. Public officers are those endowed with the exercise of sovereign executive, legislative or jiudicial functio

No, Petition is dismissed. The Office of the Ombudsman has the power, function and duty to act promptly on complaints filed in
publicnofficial when such appears to be illegal, unjust, improper, or inefficient. The better remedy, according to SC, is to appeal
The Ombudman acted within its power and authority in dismissing the complaint.

No. Article XI, sec 9 of the Constitution states that all public officials and employees owe the State and the Constitution allegian
Congress, by naturalization or by repatriation. Sec 42 of the Local government code states that all candidates should be a citize

Yes. SC sided with Manzano saying that the latter already renounced/ repudiated his US citizenship, and thus could not face dis
national interest and should be dealt with by the law. Persons with mere dual citizenship do not fall under this disqualification. D
a national of more than one state. Dual allegiance, meanwhile, is a situation when a person simultaneously owes loyalty to anot

SC said no. Sec 68 of the Omnibus Election Code states that any person who is a permanent resident or an immigrant to a forei
pernanent resident or immigrant. Miguel's green card indentifies him as a RESIDENT ALIEN.The act of filing a COC is not a waiv
disqualified to run for the said post.

The SC said the ruling on People v Dinsay is not applicable in this case. It is impossible for the state to immediately know the qu
should commence from the start of the discovery and not from the time of the commission of the crime.

SC disagreed with the CA, saying that the element of intent to commit a wrong required under the offenses of dishonest and gr
Dalas petition and downgraded her case to simple negligence.

SC said NO. Once an information is filed against a public offical, the OSG cannot represent him in the litigation, otherwise there

SC said yes. Preventive suspension not exceeding 90 days pending investigation is not a penalty but a means to conduct unham
considered illegal if the respondents were exonerated and the admin decision finding them guilty were reversed. To be entitled
must also be deemed "unjustified."The teachers are entitled to reinstatement with full pay.

SC said preventive suspension is not a penalty since it is a preliminary step in administrative investigation. This is explicitly prov
between preventive suspension and suspension as penalty.
SC said sec 35 of the Administrative Code makes it MANDATORY for the solicitor general to "represent the PH government..." "A
could be deemed as abandonment.which could result in a failure of justice. The court can compel the sol gen through a writ of
The Supreme Court acquitted the two heads saying that the head of the office is not required to examine every single detail of
bad precedent if a head of office is plagued with problems like dishonest or negligent subordinates, overwork, multiple assignm
because he did not personally examine every single detail..."

SC said there is no legal basis for PEZA to grant per diems to ex officio members of the PEZA board, including their representati
which authorizes grant of per diem.

A government employee who has not been proven to be culpable or negligent should not be held accountable for the loss of a c
the SC said. SC defined negligence as want of care required by circumstances.
The SC said there is no violation. Economic self-reliance does not mean economic seclusion or mendicancy in the international c
competition. It does not pursue an isolationist policy.The WTO also aims to pave way for more opportunities for the ervice secto
industrial and agricultural products. The Constitution frowns only upon competition that is unfair. Sec 2 of Art 12 allows the Pre
technical assistance for large-scale exploration.

Yes, RA 7942 or the PH Mining Act is unconstiutional because it allpws fully foreign owned corporations to exploit resources. Th
assistance with pricate companies acting as contractors of the state, and FTAAs are an exemption, this particular FTAA remains
Regalian doctrine which states that all lands of public domain are owned by the state and reserved exclusively to Filipinos. The
law.The FTAA allows foreign contractors to operate all the aspects of mining operations, so RA 7942, in effect, has conveyed be

NO. Nothing in the Consti which grants indigenous communities/IPS onership of natural resources within ancestral domain. Wha
comes to large-scale development. ANCESTRAL LANDS AD ANCESTRAL DOMAINS ARE not part of public domain, but private lan
and does not include the right to transfer ownership.

NO. Helmut brought the property willingly and knowingly despite a legal impediment. Art 7 sec 12 of Consti states that foreigne
property was brought under the name of Elena in order to do away with the legal prohibition. The SC said Helmut did indirectly

Yes. While the constitution proscribes foreigners from owning properties in PH, and the contract made with the Builder was void
expect the aid of the law when: the party repudiating the void contract does it before the illegal act is accomplished, or damage
the contract, they are entitled to a recovery but only with the amount they paid (excluding the interests, or any sales made from
the full reimbursement since the unit involved is a condomonium unit (P5M): RA 4726 or the condominium act allows foreigners
percent. THe condo bldg is owned by a Condo Corporation, while unit owners are mere stockholders. The Contract of Sale was
Yes. GSIS awarding Rehnong Berdad the 51 percent share is unconstitutional because it automatically gives a foreign-owned fir
a maximum ownership of stocks at 40 percent. GSIS also committed grave abuse of discretiion as its act was inconsistent with t
bidder. Patrimony means heritage. Although Manila HOtel was first American-owned, several events in PH history happened so
NO. SC said the EDSA-Lrt consortium will not operate therailway transit. Although the Consprtium is a consortium used to build
when the entity applies for franchise , certificatio, certificate. Sec 11, Article 12: "No franchise, certificate, or any other form of
least 60 percent Filipino-owned. No authorization shall be exclusive for more than 50 years."

The Court said No.The shipyard serves a limited clientele whom it may choose to serve at its discretion. It has no legal obligatio
Capital refers to share with voting rights. And full beneficial ownership. Art 12 section 10says the right to vote, coupled with ben
correct. Foreigers has common shares fof 64.27 percent which means foreigners have more voting powers than Filipinos. Filipin
Constitution. Court partly granted the petition of Gamboa.

It is constitutional and consistent with the Gamboa decision. Court did not find grave abuse of discretion on the part of the Secu
over the obiter dictum in the Gamboa resolution. There was a vague part in the resolution which says: "60-40 ownership requir
restrictions."

MWCD cannot cancel CPC of Adala. Sec 47 of PD 198 is unconstitutionalforbeing inconsistent with Art XIV. Sec 47 of the 1973 c
franchise. A franchise is privilege for public use granted by Congress while a CPC is a formal writtten authority to operate. Motio

Article 12, sec 11 provides that the issuance of a franchise, certificate or other form of authorization for the operation of a publi
which requires franchise for the oprtsyion of tv and radio stations, law must be followed until subsequently repealed. Nothing in
long as the law remains unchanged, the requirement of a franchise to operate a TV station must be upheld.

Court ruled that the MIAA is not a GOCC. A land under public domain cannot be subject of an auction sale. Any encumbrance, le

The PRC, created under PNRC chapter no 95, is not a GOCC bec it is not privately-owned, neither an instrumentality of a state o
the Geneva Convenetions. It cannot suddenly reorganize and incorporate under the Corporation Code after 60 years of existenc

State cannot regulate the exercise of profession in an arbitrary, despotic or oppresive manner, so long as requirements are met

Resumption to practice law after naturalization is not automatic. A filipino lawyer who becomes a citizen of another country is sa
allowed him to resume practice in law in the PH on the condition that he retake the lawyer's oath to remind him of his duties an
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