Category: Constitutional Law

— Constitutional Law —

Lozano vs. Nograles G.R. No. 187883 June 16, 2009 Judiciary, Locus Standi, Judicial Review

November 10, 2017

FACTS:  The two petitions, filed by their respective petitioners in their capacities as concerned citizens and taxpayers, prayed for the nullification of House Resolution No. 1109 entitled “A Resolution Calling upon the Members of Congress to Convene for the Purpose of Considering Proposals to Amend or Revise the Constitution, Upon a Three-fourths Vote of All… Read More Lozano vs. Nograles G.R. No. 187883 June 16, 2009 Judiciary, Locus Standi, Judicial Review

— Constitutional Law —

VELARDE vs. SOCIAL JUSTICE SOCIETY G.R. No. 159357. April 28, 2004 Judiciary, Justiciable Controversy, Grave Abuse of Discretion

November 10, 2017

FACTS: SJS, a registered political party, sought the interpretation of several constitutional provisions, specifically on the separation of church and state; and a declaratory judgment on the constitutionality of the acts of religious leaders endorsing a candidate for an elective office, or urging or requiring the members of their flock to vote for a specified… Read More VELARDE vs. SOCIAL JUSTICE SOCIETY G.R. No. 159357. April 28, 2004 Judiciary, Justiciable Controversy, Grave Abuse of Discretion

— Constitutional Law —

Government of Hong Kong SAR vs. Judge Olalia GR 153675 April 19, 2007 Extradition

November 10, 2017

  FACTS: The Republic of the Philippines and the then British Crown Colony of Hong Kong signed an “Agreement for the Surrender of Accused and Convicted Persons” that took effect on June 20, 1997. Private respondent Muñoz was charged before the Hong Kong Court with three (3) counts of the offense of “accepting an advantage… Read More Government of Hong Kong SAR vs. Judge Olalia GR 153675 April 19, 2007 Extradition

— Civil Law, Constitutional Law —

Matthews vs. Taylor G.R. No. 164584 June 22, 2009

November 9, 2017

FACTS: On June 30, 1988, Benjamin Taylor (Benjamin), a British subject, married Joselyn Taylor , a 17-year old Filipina.  On June 9, 1989, while their marriage was subsisting, Joselyn bought a 1,294 square-meter lot in Boracay, for and in consideration of P129,000.00.  The sale was allegedly financed by Benjamin.  They constructed improvements thereon and eventually… Read More Matthews vs. Taylor G.R. No. 164584 June 22, 2009

— Constitutional Law —

A.M. No. 08-11-7-SC RE: REQUEST OF NATIONAL COMMITTEE ON LEGAL AID TO EXEMPT LEGAL AID CLIENTS FROM PAYING FILING, DOCKET AND OTHER FEES

November 6, 2017

FACTS: On September 23, 2008 the Misamis Oriental Chapter of the Integrated Bar of the Philippines (IBP) promulgated Resolution No. 24, series of 2008. The resolution requested the IBP’s National Committee on Legal Aid (NCLA) to ask for the exemption from the payment of filing, docket and other fees of clients of the legal aid… Read More A.M. No. 08-11-7-SC RE: REQUEST OF NATIONAL COMMITTEE ON LEGAL AID TO EXEMPT LEGAL AID CLIENTS FROM PAYING FILING, DOCKET AND OTHER FEES

— Constitutional Law —

A. M. No. 09-6-9-SC RE: Query of Mr. Prioreschi Re Exemption from Legal and Filing Fees of the Good Shepherd Foundation, Inc.

November 6, 2017

FACTS: In his letter dated May 22, 2009 addressed to the Chief Justice, Mr. Roger C. Prioreschi, administrator of the Good Shepherd Foundation, Inc., wrote that it be granted the same exemption from paying docket fees as that of poor litigants. ISSUE: Should an incorporated foundation (serving indigent litigants) be exempted from paying docket fees?… Read More A. M. No. 09-6-9-SC RE: Query of Mr. Prioreschi Re Exemption from Legal and Filing Fees of the Good Shepherd Foundation, Inc.

— Constitutional Law, Taxation —

SMART vs. CITY OF DAVAO G.R. No. 155491 September 16, 2008 Franchise Tax, Tax Exemption, “in lieu of all taxes” Clause

November 3, 2017

  FACTS: On February 18, 2002, Smart filed a special civil action for declaratory relief for the ascertainment of its rights and obligations under the Tax Code of the City of Davao, which imposes a franchise tax on businesses enjoying a franchise within the territorial jurisdiction of Davao. Smart avers that its telecenter in Davao City… Read More SMART vs. CITY OF DAVAO G.R. No. 155491 September 16, 2008 Franchise Tax, Tax Exemption, “in lieu of all taxes” Clause

— Constitutional Law, Remedial Law —

TAN vs. REPUBLIC G.R. No. 170740 May 25, 2007 Expropriation, Taking, Power of Eminent Domain

November 3, 2017

  FACTS: Petitioner is the registered owner of a parcel of land located in Pulang Lupa, Las Piñas City. She acquired this property from the San Antonio Development Corporation (SADC) as shown by a document whereby she assumed SADC’s “obligation of paying all imposable taxes due said land.” In consideration of such assumption and “for… Read More TAN vs. REPUBLIC G.R. No. 170740 May 25, 2007 Expropriation, Taking, Power of Eminent Domain

— Civil Law, Constitutional Law —

MASIKIP vs PASIG G.R. No. 136349 January 23, 2006 Power of Eminent Domain, Expropriation, Genuine Necessity

November 3, 2017

   FACTS: Petitioner Lourdes Dela Paz Masikip is the registered owner of a parcel of land located at Pag-Asa, Caniogan, Pasig City, Metro Manila. The City of Pasig notified petitioner of its intention to expropriate a 1,500 square meter portion of her property to be used for the “sports development and recreational activities” of the… Read More MASIKIP vs PASIG G.R. No. 136349 January 23, 2006 Power of Eminent Domain, Expropriation, Genuine Necessity