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Showing posts with label Political Law. Show all posts
Showing posts with label Political Law. Show all posts

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

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

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.

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.

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

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

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

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

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

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.

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.

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.

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

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.

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

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

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

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.

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).

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.

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.

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