Professional Documents
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Poli Compiled Syllabi
Poli Compiled Syllabi
2015) Law
POLICE POWER
Ayala Land Inc sold parcel of land to Spouses Jose Critina Yuson with a restriction
that the property shall be used exclusively for the establishment and maintenance
of a preparatory school, However, the spouses evaded such restriction and thus it is
violates zoning ordinance. The court ruled that zoning ordinance in question, while
valid as a police measure, was not intended to affect existing rights protected by
the impairment clause. It is always a wise policy to reconcile apparently conflicting
rights under the Constitution and to preserve both instead of nullifying one against
the other. - The Learning Child, Inc. and Sps. Felipe And Mary Anne Alfonso
vs. Ayala Alabang Village Association, et al., G.R. No. 134269 July 7, 2010
LEGISLATIVE DEPARTMENT
HRET
The 2004 HRET Rules on summons is silent on how the summons should be served
on the protestee. Significantly, Rule 80 of the 2004 HRET Rules provides that the
1997 Rules of Civil Procedure applies by analogy or suppletorily in so far as the
latter may be applicable and not inconsistent therewith as well as with the orders,
resolutions and decisions of the HRET. In view of the failure of the HRET Rules to
specify the authorized modes of service of summons, resort then is necessary to
Sections 6 and 7, Rule 14, 1997 Rules of Civil Procedure. In the case at bar, the
service of the summons was made through registered mail, which is not among the
allowed modes of service under Rule 14 of the Rules of Court. - Datu Pax Pakung
S. Mangudadatu vs. The House of Representatives Electoral Tribunal and
Angelo O. Montilla, G.R. No. 179813, December 18, 2008
EXECUTIVE DEPARTMENT
POWER OF REORGANIZATION
The President, by virtue of Section 31, Chapter 10, Title III, Book III of the
Administrative Code of 1987, has the continuing authority to reorganize the Office
of the President, "in order to achieve simplicity, economy and efficiency." As such,
the issuance of Executive Order No. 378 by President Arroyo was well within her
prerogative. Its constitutionality can be derived from the exercise of a delegated
legislative power granted by law. Moreover, it purports to institute necessary
reforms in government in order to improve and upgrade efficiency in the delivery of
public services by redefining the functions of the NPO and limiting its funding to its
own income and to transform it into a self-reliant agency able to compete with the
private sector. - Atty. Sylvia Banda, Consoricia O. Penson, Radito V.
Padrigano, et al., vs. Eduardo R. Ermita, in his capacity as Executive
Secretary, The Director General of the Philippine Information Agency and
The National Treasurer, G.R. No. 166620, April 20, 2010
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LOCAL GOVERNMENTS
PUBLIC CORPORATIONS
Not all corporations, which are not government owned or controlled, are ipso facto
to be considered private corporations as there exists another distinct class of
corporations or chartered institutions which are otherwise known as "public
corporations." These corporations are treated by law as agencies or
instrumentalities of the government which are not subject to the tests of ownership
or control and economic viability but to different criteria relating to their public
purposes/interests or constitutional policies and objectives and their administrative
relationship to the government or any of its Departments or Offices. - Boy Scouts
of the Philippines vs. Commission On Audit, G.R. No. 177131, June 7, 2011
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SOCIAL JUSTICE
For sure, the NHAs Order of relocating [Petitioner Magkalas] to her assigned lot and
demolishing her property on account of her refusal to vacate was consistent with
the laws funda-mental objective of promoting social justice in the manner that will
inure to the common good. [Magkalas] cannot disregard the lawful action of the
NHA which was merely implementing P.D. No. 1315. It is also worth noting that
[Magkalas] continued refusal to leave the subject property has hindered the
development of the entire area. Indeed, [Magkalas] cannot invoke the social justice
clause at the expense of the common welfare. - Caridad Magkalas vs. National
Housing Authority, G.R. No. 138823, September 17, 2008
ACADEMIC FREEDOM
While most agree that the right to criticize the judiciary is critical to maintaining a
free and democratic society, there is also a general consensus that healthy criticism
only goes so far. Many types of criticism leveled at the judiciary cross the line to
become harmful and irresponsible attacks. These potentially devastating attacks
and unjust criticism can threaten the independence of the judiciary. The court must
"insist on being permitted to proceed to the disposition of its business in an orderly
manner, free from outside interference obstructive of its functions and tending to
embarrass the administration of justice. - Re: Letter of The Up Law Faculty
entitled "Restoring Integrity: A Statement by the Faculty of the University
of the Philippines College of Law on the Allegations of Plagiarism and
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