Category: Constitutional Law

— Constitutional Law —

SMI DEVELOPMENT CORPORATION vs. REPUBLIC G.R. No. 137537 January 28, 2000 Power of Eminent Domain

November 3, 2017

FACTS: The Republic of the Philippines represented by the Department of Health thru the National Children’s Hospital filed a complaint for Eminent Domain against SMI Development Corporation for the purpose of expropriating three parcels of land belonging to said corporation which are adjacent to the premises of the hospital. The plaintiff filed an Ex-Parte Motion… Read More SMI DEVELOPMENT CORPORATION vs. REPUBLIC G.R. No. 137537 January 28, 2000 Power of Eminent Domain

— Civil Law, Constitutional Law —

Laxamana vs Laxamana GR 144763, September 3,2002Art. XV of the 1987 Constitution, The Family

November 2, 2017

  FACTS: Everything went well for the family until petitioner bacame drug dependent. He was confined and he undergone psychological treatments. However, respondent claimed petitioner was not fully rehabilitated. His drug dependence worsened and it became difficult for respondent and her children to live with him being violent and irritable. Respondent and her 3 children… Read More Laxamana vs Laxamana GR 144763, September 3,2002Art. XV of the 1987 Constitution, The Family

— Constitutional Law —

Montemayor vs. Araneta G.R. No. L-44251 May 31, 1977 77 SCRA 321 Academic Freedom

November 2, 2017

   FACTS: Petitioner was a professor at the Araneta University Foundation.  On 7/8/74, he was found guilty  of making homosexual advances on one Leonardo De Lara by a faculty investigating committee.  On 11/8/74, another committee was appointed to investigate another charge of a similar nature against petitioner.  Petitioner, through counsel, asked for the postponement of… Read More Montemayor vs. Araneta G.R. No. L-44251 May 31, 1977 77 SCRA 321 Academic Freedom

— Constitutional Law —

BAYAN VS ERMITA G.R. No. 169838 April 25, 2006 “Moot and Academic” Principle

October 30, 2017

 FACTS: Rallies or the right to peaceably assemble to express freedom of expression, to petition for redress of grievances hounding the government which was co-organized by various mass based groups, and as Bayan and KMU sometime in September 26 and October 4-6 2005 has been violently preempted and and forcibly dispersed causing injuries by police… Read More BAYAN VS ERMITA G.R. No. 169838 April 25, 2006 “Moot and Academic” Principle

— Constitutional Law —

ESTRADA vs. SANDIGANBAYAN G.R. No. 159486-88. November 25, 2003 Partisan Political Activities

October 30, 2017

  FACTS: Atty. Alan F. Paguia, speaking for petitioner, Joseph Ejercito Estrada claims of political partisanship against the members of the Court, asserting that the justices have violated Rule 5.10 of the Code of Judicial Conduct which prohibits justices or judges from participating in any partisan political activity by attending the ‘EDSA 2 Rally’ and… Read More ESTRADA vs. SANDIGANBAYAN G.R. No. 159486-88. November 25, 2003 Partisan Political Activities

— Constitutional Law —

DAVID vs. ARROYO G.R. No. 171396 May 3, 2006 Locus Standi

October 30, 2017

  FACTS: On February 24,2006, during the celebration of the 20th anniversary of Edsa People Power I, President Gloria Macapagal Arroyo issued PP 1017 declaring a state of National Emergency which subject to certain conditions by the framers of our constitution. The basis of the declaration is the conspiracy of the opposition, the extreme left… Read More DAVID vs. ARROYO G.R. No. 171396 May 3, 2006 Locus Standi

— Constitutional Law —

PIMENTEL vs. ERMITA G.R. No. 164978 October 13, 2005 Legal Standing

October 30, 2017

FACTS: Petitioners file for certiorari and prohibition with a prayer for the issuance of a writ of preliminary injunction to declare unconstitutional the appointments issued by President Gloria Macapagal-Arroyo (“President Arroyo”) through Executive Secretary Eduardo R. Ermita (“Secretary Ermita”) to Florencio B. Abad, Avelino J. Cruz, Jr., Michael T. Defensor, Joseph H. Durano, Raul M.… Read More PIMENTEL vs. ERMITA G.R. No. 164978 October 13, 2005 Legal Standing

— Constitutional Law —

REPUBLIC vs. ESTATE OF MENZI G.R. No. 152578 November 23, 2005 PCGG

October 30, 2017

FACTS: In the aftermath of the EDSA Revolution, President Corazon C. Aquino issued Executive Order (EO) No. 1, creating the Presidential Commission on Good Government (PCGG) tasked with the recovery of all ill-gotten wealth accumulated by former President Ferdinand Marcos, his immediate family, relatives, subordinates and close associates.  This was followed by EO Nos. 2… Read More REPUBLIC vs. ESTATE OF MENZI G.R. No. 152578 November 23, 2005 PCGG

— Constitutional Law —

OSMEÑA vs. COMELEC G.R. No. 100318 June 30, 1991 Elections

October 30, 2017

FACTS: Petitioners pray for this Court to declare Republic Act No. 7056 as unconstitutional and, therefore, invalid and inoperative because: 1. It violates the mandate of the Constitution for the holding of synchronized national and local elections on the second Monday of May 1992. 2. Republic Act 7056, particularly the 2nd paragraph of Section 3… Read More OSMEÑA vs. COMELEC G.R. No. 100318 June 30, 1991 Elections

— Constitutional Law, Labor Law —

JACULBE vs. SILLIMAN UNIVERSITY G.R. No. 156934 March 16, 2007 Compulsory Retirement, CBA, Security of Tenure Clause Illegal Dismissal

October 21, 2017

FACTS: Petitioner began working for respondents university medical center as a nurse. Respondent, through its Human Resources Development Office, informed petitioner that she was approaching her 35th year of service with the university and was due for automatic retirement on November 18, 1993, at which time she would be 57 years old. This was pursuant… Read More JACULBE vs. SILLIMAN UNIVERSITY G.R. No. 156934 March 16, 2007 Compulsory Retirement, CBA, Security of Tenure Clause Illegal Dismissal