Showing posts with label Political Law. Show all posts
Showing posts with label Political Law. Show all posts
6.19.2012
Javellana v. Executive Secretary
Javellana v. Executive Secretary ( Read it here )
Labels:
Constitutional Law I,
Digest,
Political Law
6.17.2012
De Leon vs Esguerra 153 scra 602
Facts:
Alfredo de Leon won as barangay captain and other petitioners won as councilmen of barangay dolores, taytay, rizal. On february 9, 1987, de leon received memo antedated december 1, 1986 signed by OIC Gov. Benhamin Esguerra, february 8, 1987, designating
Alfredo de Leon won as barangay captain and other petitioners won as councilmen of barangay dolores, taytay, rizal. On february 9, 1987, de leon received memo antedated december 1, 1986 signed by OIC Gov. Benhamin Esguerra, february 8, 1987, designating
Labels:
Constitutional Law I,
Digest,
Political Law
LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. AQUINO
(G.R. No. 73748 - May 22, 1986)
------------------------
(There is no "Full-Text" of this case. This is a Minute Resolution made by the SC.)
Minute Resolutions
------------------------
(There is no "Full-Text" of this case. This is a Minute Resolution made by the SC.)
Minute Resolutions
EN BANC
[G.R. No. 73748, May 22, 1986]
LAWYERS LEAGUE FOR A BETTER PHILIPPINES AND/OR OLIVER A. LOZANO VS. PRESIDENT CORAZON C. AQUINO, ET AL.
[G.R. No. 73748, May 22, 1986]
LAWYERS LEAGUE FOR A BETTER PHILIPPINES AND/OR OLIVER A. LOZANO VS. PRESIDENT CORAZON C. AQUINO, ET AL.
SIRS/MESDAMES:
Quoted hereunder, for your information, is a resolution of this Court MAY 22, 1986.
In G.R. No. 73748, Lawyers League for a Better Philippines vs. President Corazon C. Aquino, et al.; G.R. No. 73972, People's Crusade for Supremacy of the Constitution vs. Mrs. Cory Aquino, et al., and G.R. No. 73990, Councilor Clifton U. Ganay vs. Corazon C. Aquino, et al., the legitimacy of the government of President Aquino is questioned. It is claimed that her government is illegal because it was not established pursuant to the 1973 Constitution.
As early as April 10, 1986, this Court* had already voted to dismiss the petitions for the reasons to be stated below. On April 17, 1986, Atty. Lozano as counsel for the petitioners in G.R. Nos. 73748 and 73972 withdrew the petitions and manifested that they would pursue the question by extra-judicial methods. The withdrawal is functus oficio.
The three petitions obviously are not impressed with merit. Petitioners have no personality to sue and their petitions state no cause of action. For the legitimacy of the Aquino government is not a justiciable matter. It belongs to the realm of politics where only the people of the Philippines are the judge. And the people have made the judgment; they have accepted the government of President Corazon C. Aquino which is in effective control of the entire country so that it is not merely a de factogovernment but is in fact and law a de jure government. Moreover, the community of nations has recognized the legitimacy of the present government. All the eleven members of this Court, as reorganized, have sworn to uphold the fundamental law of the Republic under her government.
In view of the foregoing, the petitions are hereby dismissed.
Very truly yours,
(Sgd.) GLORIA C. PARAS
Clerk of Court
* The Court was then composed of Teehankee, C.J. and Abad Santos., Melencio-Herrera, Plana, Escolin, Gutierrez, Jr., Cuevas, Alampay and Patajo, JJ.------------------------------------------
DIGEST
FACTS:
On February 25, 1986, President Corazon Aquino issued Proclamation No. 1 announcing that she and Vice President Laurel were taking power.
Quoted hereunder, for your information, is a resolution of this Court MAY 22, 1986.
In G.R. No. 73748, Lawyers League for a Better Philippines vs. President Corazon C. Aquino, et al.; G.R. No. 73972, People's Crusade for Supremacy of the Constitution vs. Mrs. Cory Aquino, et al., and G.R. No. 73990, Councilor Clifton U. Ganay vs. Corazon C. Aquino, et al., the legitimacy of the government of President Aquino is questioned. It is claimed that her government is illegal because it was not established pursuant to the 1973 Constitution.
As early as April 10, 1986, this Court* had already voted to dismiss the petitions for the reasons to be stated below. On April 17, 1986, Atty. Lozano as counsel for the petitioners in G.R. Nos. 73748 and 73972 withdrew the petitions and manifested that they would pursue the question by extra-judicial methods. The withdrawal is functus oficio.
The three petitions obviously are not impressed with merit. Petitioners have no personality to sue and their petitions state no cause of action. For the legitimacy of the Aquino government is not a justiciable matter. It belongs to the realm of politics where only the people of the Philippines are the judge. And the people have made the judgment; they have accepted the government of President Corazon C. Aquino which is in effective control of the entire country so that it is not merely a de factogovernment but is in fact and law a de jure government. Moreover, the community of nations has recognized the legitimacy of the present government. All the eleven members of this Court, as reorganized, have sworn to uphold the fundamental law of the Republic under her government.
In view of the foregoing, the petitions are hereby dismissed.
Very truly yours,
(Sgd.) GLORIA C. PARAS
Clerk of Court
* The Court was then composed of Teehankee, C.J. and Abad Santos., Melencio-Herrera, Plana, Escolin, Gutierrez, Jr., Cuevas, Alampay and Patajo, JJ.------------------------------------------
DIGEST
FACTS:
On February 25, 1986, President Corazon Aquino issued Proclamation No. 1 announcing that she and Vice President Laurel were taking power.
Labels:
Constitutional Law I,
Digest,
Political Law
4.27.2012
Super Drug v. DSWD
Facts:
Petitioners are domestic corporations and proprietors operating
drugstores in the Philippines. Petitioners assail the
constitutionality of Section 4(a) of RA 9257, otherwise known as the
“Expanded Senior Citizens Act of 2003.” Section 4(a) of RA 9257
grants twenty percent (20%) discount as privileges for the
Labels:
Constitutional Law I,
Political Law
mmda v. Garin
FACTS:
Respondent Garin was issued a
traffic violation receipt and his driver’s license was confiscated
for parking illegally. Garin wrote MMDA Chairman Prospero Oreta
requesting the return of his license and expressed his preference for
case to be filed in Court. Without an immediate reply from the reply
from the Chairman, Garin filed a complaint for preliminary injunction
assailing among other that Sec 5(+) of
Labels:
Constitutional Law II,
Political Law
Acebedo v. CA
Facts:
Acebedo Opticalappliedfor a business permit tooperatein Iligan City.
After hearing the sides of local optometrists, Mayor Cabili of Iligan
granted the permit but he attached various special conditions
whichbasicallymade Acebedo’s dependent upon prescriptions to be
issued by local optometrists. Acebedo
Labels:
Constitutional Law II,
Political Law
Ermita v. Mayor of Manila
Facts:
On 13 June 1963, the Manila Municipal
Board enacted Ord 4760 and the same was approved by then acting mayor
Astorga. Ord 4760 sought to regulate hotels and motels. It classified
them into 1stclass (taxed at 6k/yr) and 2ndclass (taxed at 4.5k/yr).
It also compelled hotels/motels to get the demographics of
Labels:
Constitutional Law I,
Political Law
4.24.2012
Defensor-Santiago v. Comelec
Facts:
Private respondent
Atty. Jesus Delfin, president of People’s Initiative for Reforms,
Modernization and Action (PIRMA), filed with COMELEC a petition to
amend the constitution to lift the term limits of elective officials,
through People’s Initiative. He based this petition on Article
XVII, Sec. 2 of the 1987 Constitution, which provides for the right
of the people to exercise the power to directly propose
Labels:
Constitutional Law I,
Political Law
Kilosbayan v. Guingona
Facts:
This is a special civil action for
prohibition and injunction, with a prayer for a temporary restraining
order and preliminary injunction which seeks to prohibit and restrain
the implementation of the Contract of Lease executed by the PCSO and
the Philippine Gaming Management Corporation in connection with the
on-line lottery system, also know as lotto.
Labels:
Constitutional Law I,
Political Law
De Castro v. JBC
Facts:
This case is based on multiple cases field with dealt with the controversy that has arisen from the forthcoming compulsory requirement of Chief Justice Puno on May 17, 2010 or seven days after the presidential election.
This case is based on multiple cases field with dealt with the controversy that has arisen from the forthcoming compulsory requirement of Chief Justice Puno on May 17, 2010 or seven days after the presidential election.
Labels:
Constitutional Law I,
Digest,
Political Law
Marbury v. Madison
Facts
On his last day in office, President
John Adams named forty-two justices of the peace and sixteen new
circuit court justices for the District of Columbia under the Organic
Act. The Organic Act was an attempt by the Federalists to take
control of the federal judiciary before Thomas Jefferson took office.
Labels:
Constitutional Law I,
Digest,
Political Law
Garcia v. Chairman COA
Facts:
Vicente Garcia was
a Supervising Lineman in the Region IV Station of the Bureau of
Telecommunications in Lucena City. On 1 April 1975, Garcia was
summarily dismissed from the service on the ground of dishonesty in
accordance with the decision of the then Ministry of Public Works,
Transportation and Communications in Administrative Case 975 for the
loss of several
Labels:
Constitutional Law I,
Digest,
Political Law
Monsanto v. Factoran
Facts:
Monsanto was the Asst Treasurer of Calbayug City. She was charged for the crime of Estafa through Falsification of Public Documents. She was found guilty and was sentenced to jail. She was howevergranted pardon by Marcos. She then wrote a letter to the Minister of Finance for her to be reinstated to her former position since it was still vacant. She was also requesting for back pays.
Monsanto was the Asst Treasurer of Calbayug City. She was charged for the crime of Estafa through Falsification of Public Documents. She was found guilty and was sentenced to jail. She was howevergranted pardon by Marcos. She then wrote a letter to the Minister of Finance for her to be reinstated to her former position since it was still vacant. She was also requesting for back pays.
Labels:
Constitutional Law I,
Digest,
Political Law
David v. Arroyo
Facts:
In February 2006, due to the escape of some Magdalo members and the discovery of a plan (Oplan Hackle I) to assassinate GMA she declared PP 1017 and is to be implemented by GO 5. The said law was aimed to suppress lawlessness and the connivance of extremists to bring down the government. Pursuant to such PP, GMA cancelled all plans to celebrate EDSA I and at the same time revoked all
In February 2006, due to the escape of some Magdalo members and the discovery of a plan (Oplan Hackle I) to assassinate GMA she declared PP 1017 and is to be implemented by GO 5. The said law was aimed to suppress lawlessness and the connivance of extremists to bring down the government. Pursuant to such PP, GMA cancelled all plans to celebrate EDSA I and at the same time revoked all
Labels:
Constitutional Law I,
Digest,
Political Law
Clinton v. Jones
Facts:
Respondent sued under 42 U.S.C. §§ 1983 and 1985 and Arkansas law to recover damages from petitioner, the current President of the United States, alleging, inter alia, that while he was Governor of Arkansas, petitioner made "abhorrent" sexual advances to her, and that her rejection of those advances led to punishment by her supervisors in the state job she held at the time. Petitioner promptly advised the Federal District Court that he would file a motion to dismiss on Presidential immunity grounds, and
Respondent sued under 42 U.S.C. §§ 1983 and 1985 and Arkansas law to recover damages from petitioner, the current President of the United States, alleging, inter alia, that while he was Governor of Arkansas, petitioner made "abhorrent" sexual advances to her, and that her rejection of those advances led to punishment by her supervisors in the state job she held at the time. Petitioner promptly advised the Federal District Court that he would file a motion to dismiss on Presidential immunity grounds, and
Labels:
Constitutional Law I,
Digest,
Political Law
Senate v. Ermita
FACTS:
This is a petition for certiorari and prohibition proffer that the President has abused power by issuing E.O. 464 “Ensuring Observance of the Principles of Separation of Powers, Adherence to the Rule on Executive Privilege and Respect for the Rights of Public Officials Appearing in Legislative Inquiries in
This is a petition for certiorari and prohibition proffer that the President has abused power by issuing E.O. 464 “Ensuring Observance of the Principles of Separation of Powers, Adherence to the Rule on Executive Privilege and Respect for the Rights of Public Officials Appearing in Legislative Inquiries in
Labels:
Constitutional Law I,
Digest,
Political Law
Almonte v. Vasquez
Facts:
This is a case wherein respondent Ombudsman, requires petitioners Nerio Rogado and Elisa Rivera, as chief accountant and record custodian, respectively, of the Economic Intelligence and Investigation Bureau (EIIB) to produce "all documents relating to Personal Services Funds for the year 1988" and all evidence such as vouchers from enforcing his orders.
This is a case wherein respondent Ombudsman, requires petitioners Nerio Rogado and Elisa Rivera, as chief accountant and record custodian, respectively, of the Economic Intelligence and Investigation Bureau (EIIB) to produce "all documents relating to Personal Services Funds for the year 1988" and all evidence such as vouchers from enforcing his orders.
Labels:
Constitutional Law I,
Digest,
Political Law
Neri v. Senate
Facts:
On 21 April 2007, DOTC entered into a contract with Zhong Xing Telecommunications Equipment (ZTE) for the supply of equipment and services for the National Broadband Network (NBN) Project in the amount of $329,481,290.00 (approximately P16 Billion Pesos).
On 21 April 2007, DOTC entered into a contract with Zhong Xing Telecommunications Equipment (ZTE) for the supply of equipment and services for the National Broadband Network (NBN) Project in the amount of $329,481,290.00 (approximately P16 Billion Pesos).
Labels:
Constitutional Law I,
Digest,
Political Law
Marcos v. Manglapus
Facts:
Former President Ferdinand Marcos
petitions the SC for mandamus and prohibition asking to order
respondents to issue travel documents to him and his immediate family
and to enjoin the implementation of the President "s decision to
bar their return to the Philippines.
Labels:
Constitutional Law I,
Digest,
Political Law
Tolentino v. Secretary of Finance
Facts:
The value-added tax (VAT) is levied on the sale, barter or exchange
of goods and properties as well as on the sale or exchange of
services. RA 7716 seeks to widen the tax base of the existing VAT
system and enhance its administration by amending the National
Internal Revenue Code. There are various suits challenging the
constitutionality of RA 7716 on various grounds.
Labels:
Constitutional Law I,
Digest,
Political Law
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