and operating the casino in the location Part I - Introduction over the Christmas season. As a response, the Sangguniang A. Definition of Legal Research Panglungsod of Cagayan de Oro ● the process of identifying and enacted Ordinance No. 3353 on retrieving information December 1992. City Ordinance No. necessary to support legal 3353 prohibits the issuance of business decision-making (Lexis-Nexis, permits and cancels existing business n.d.) permits to any establishment that allows ● The process of identifying the operations of a casino on its law-related information premises. The ordinance will take effect needed to support legal 10 days after its publication. The decision-making (Barkan, Cagayan De Oro City Council also Bintliff & Whisner, 2015) implemented a sterner ordinance, B. Importance of Legal Research Ordinance No. 3375-93 that prohibits ● Provides support in legal casino operations, and a penalty in decision-making on complex violation thereof. Pryce Properties filed legal issues an appeal against the city ordinances ● Applied to specific tasks and of Cagayan de Oro’s city council. Pryce requires complete answers Properties (respondent) contended that ● Paid expertise (Lexis-Nexis, both city ordinances were in violation of n.d.) P.D. 1896. On March 13, 1993, the Court C. Sources of Legal Research of Appeals ruled Ordinance Nos. 3353 1. Primary Sources and 3375-93 as invalid and prohibited a. Statutes, Constitution the execution of the said ordinance nos. 2. Secondary Sources Magtajas and CDO City Council (petitioners) argued that under the D. Sources of Law Local Government Code, they have the 1. Primary Sources police authority to stop the operations ● Constitution, case law, of a casino for the general welfare. statutes. Regulations and ISSUE OF THE CASE: Are CIty Ordinance annotations (Lexis Nexis) Nos. 3353 and 3375-93 invalid and 2. Secondary Sources should not be executed? ● Law reviews, treatises, RULING OF THE CASE: No, City practice guide, news Ordinance Nos. 3353 and 3375-93 are (LexisNexis) both invalid. The Local Government 3. Finding Tools Code vests the LGUs to have police power and authorization to promote the MAGTAJAS vs. PRYCE PROPERTIES General Welfare in their communities. G.R. No. 111097, July 20, 1994 They have the authority to prevent illegal operations on gambling, but does FACTS OF THE CASE: In 1992, PAGCOR not have the authority to act on (Philippine Amusement and Gaming gambling activities legally supported by Corporation) decided to extend its a higher statute, such as PAGCOR. The operations, including setting up a casino tests of a valid ordinance are well in Cagayan De Oro City. It leased a established. A long line of decisions has portion of a building owned by Pryce held that to be valid, an ordinance must conform to the following substantive package to be tested for illegal drugs requirements: content. On the same day, NBI 1) It must not contravene the The confirmed that the contents of the Constitution or any statute. sample taken from Marti’s package 2) It must not be unfair or oppressive. were illegal drugs. The NBI went to the 3) It must not be partial or discriminatory. office of Manila Packing and Export 4) It must not prohibit but may regulate Forwarders to interview Job Reyes, the trade. private individual who reported the 5) It must be general and consistent with packages. In the presence of the NBI, public policy. the remaining boxes were opened and 6) It must not be unreasonable. dried marijuana leaves were found RATIONALE: The first requirement for the inside. NBI tried to contact Marti, but to validity of a city ordinance is that it must no avail. In a follow-up operation, Marti not contravene a statute, such as the was traced and charged by the NBI for operation of a casino by PAGCOR, as the violation of the RA 6425 or the supported by P.D. 1869. The City Dangerous Drugs Act. Marti appealed Councils of LGUs operate on the that the evidence against him was delegated legislative powers given to obtained by violating his rights against them by the Congress. LGUs cannot be his constitutional right to be protected superior to the Congress, including in from unreasonable search and seizure writing the legal statutes. In spite of their and privacy of communication. praiseworthy motives, the City ISSUE OF THE CASE: Can the act of the Ordinance Nos. 3353 and 3375-93 are private individual allegedly violating void, since it’s contrary to P.D. 1869 and Marti’s constitutional rights be invoked the public policy. against the state? RULING OF THE CASE: No. The act of an PEOPLE vs. MARTI individual that have violated another G.R. No. 81561, January 18, 1991 individual’s constitutional rights may not be held against the State. FACTS OF THE CASE: On August 14, 1897, RATIONALE: The Supreme Court ruled Andre Marti and Shirley Reyes wanted that with the absence of government to send 4 packages to their friend in interference, the violation of the Zurich, Switzerland via the services of constitutional right against Manila Packing and Export Forwarders. unreasonable search and seizure refers When the first forwarder wanted to to the immunity of a person from open and examine the packages, government interference. The Andre Marti refused, ensuring the protection is only directed against forwarder that the contents of their government action. In the case of packages were mere books and cigars. People vs. Marti, the evidence was As part of their standard operating obtained by a private individual, acting procedures, Manila Packing and Export in a private capacity, without any Forwarders had to inspect and open the interference from the state. Although packages, before shipping them off. Marti argued that the NBI conducted Upon the inspection of Marti’s illegal search and warrant, the Court packages, a weird scent came from the pointed out that it was the individual packages, and dried leaves were also who conducted the search, as part of inside. Job Reyes wrote a letter to the their SOP in shipping packages. The NBI together with samples of the search was only done in front of NBI authorities, and the private individual’s Resolution, no longer challenging her action to inspect the packages in front dismissal from Citibank, but requested that of the NBI did not need any warrant to Citibank will be ordered to pay Paragas the search, since they were only viewing the Provident Fund retirement plan. This was evidence in plain sight. The Court also cited in Citibank’s Working Together pointed out that the Constitution only Manual, which also provides that an aims to lay out government principles and the liberties of the people, and not employee discharged for reasons other than to sort private individual relations. misconduct will be paid the share from the *Note: When a private individual Fund. NLRC found that Paragas’ dismissal violates another person’s right to was not from misconduct, and granted privacy, the evidence obtained Paragas’ Motion. The Court of Appeals therefrom is admissible; however the dismissed the petition for lack of merit and violator could be held civilly liable under challenged the NLRC Resolution. Article 32 of the Civil Code. ISSUE: Did the NLRC have the authority to
resolve issues and claims not pleaded
CITIBANK vs. NLRC before the Labor Arbiter? Was the Court of G.R. No. 159302, February 6, 2008 Appeals wrong in affirming the NLRC resolution? FACTS OF THE CASE: Rosita Paragas RULING OF THE CASE: Paragas claimed had worked for Citibank for 18 years, for other just and equitable relief on her between August 1979 to September 1997. position paper to the NLRC, but only stated In early 1993, Citibank declared some of its the “Provident A & C” that corresponds to employees and officers to be redundant, P1,086,335.43as the actual damages that and one of those affected was Paragas. As she allegedly suffered from her dismissal requested by the labor union of the from employment. She did not exactly clarify company, Paragas was transferred to the the “Provident A & C” and that it had a Records Management Unit of Quality bearing on retirement benefits. Since she Assurance Division as a bank statement did not directly refer to the Provident Fund retriever (a filing clerk), instead of being in her position paper, it does not serve as a terminated as part of the retrenchment. She basis for any administrative body to grant was terminated later on by Citibank on the her the benefits. Paragas argued that she grounds of severe misconduct. She filed a did not mention the retirement fund to the complaint against Citibank to the NLRC labor arbiter because it will be inconsistent (National Labor Relations Committee) on with her prayer for reinstatement, but the grounds of her illegal dismissal from Paragas could’ve easily claimed this benefit Citibank. The labor arbiter dismissed her for alternative relief. The Supreme Court complaint against her illegal dismissal on also finds her dismissal from Citibank on the the grounds of work inefficiency. The NLRC grounds of misconduct and work inefficiency affirmed the decision of the labor arbiter, as valid. She is not entitled to a share of with the modification that Paragas was Citibank’s retirement fund, since she was entitled to a separation pay for her length of dismissed on the grounds of misconduct, a service with Citibank.Paragas filed a motion policy she herself presented in her appeal. for partial reconsideration on the NLRC