Professional Documents
Culture Documents
Poli Compiled Syllabi
Poli Compiled Syllabi
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
PARDONING POWER
When the pardon extended to former President Estrada shows that both the principal penalty of
reclusion perpetua and its accessory penalties are included in the pardon. The first sentence refers
to the executive clemency extended to former President Estrada who was convicted by the
Page 1 of 9
DUE PROCESS
Due process in an administrative context does not require trial type proceedings similar to those in
courts of justice; where opportunity to be heard either through oral arguments or through
pleadings is accorded, there is no denial of procedural due process. - Atty. Emmanuel Pontejos vs.
Hon. Aniano A. Desierto and Restituto Aquino, G.R. No. 148600, July 7, 2009
During appeals in criminal cases, the Office of the Solicitor General has the power to represent the
State and the failure of the Court of Appeals to notify the State through the OSG of the pending
proceeding shall constitute deprivation of due process and shall render all subsequent proceedings
null and void. - People of the Philippines vs. Arturo F. Duca, G.R. No. 171175, October 30, 2009
EQUAL PROTECTION
In view of the various stages of deliberation in the selection process and as a consequence of
his/her duty to faithfully enforce the relevant laws, the discretion of the President in the matter of
the Order of National Artists is confined to the names submitted to him/her by the National
Commission for Culture and Arts (NCCA) and the Cultural Center of the Philippines (CCP) Boards.
There was a violation of the equal protection clause of the Constitution when the former President
gave preferential treatment to respondents Guidote-Alvarez, Caparas, Maosa and Moreno The
conferment of the Order of National Artists on said respondents was therefore made with grave
abuse of discretion and should be set aside. - National Artist For Literature Virgilio Almario et
al. vs. The Executive Secretary et al., G.R. No. 189028, July 16, 2013
SEARCHES AND SEIZURES
Without valid justification for the in flagrante delicto arrests of accused-appellants, the search of
accused-appellants persons incidental to said arrests, and the eventual seizure of the shabu from
accused-appellants possession, are also considered unlawful and, thus, the seized shabu is
excluded in evidence as fruit of a poisonous tree. Without the corpus delicti for the crime charged,
then the acquittal of accused-appellants is inevitable. - People of the Philippines vs. Rolando S.
Delos Reyes, alias "Botong," and Raymundo G. Reyes, alias "Mac-Mac," G.R. No. 174774,
August 31, 2011
EXPROPRIATION
In the context of the States inherent power of eminent domain, there is taking where the owner is
actually deprived or dispossessed of his property; where there is a practical destruction or a
material impairment of the value of his property; or when he is deprived of the ordinary use
thereof. There is a taking when the expropriator enters private property not only for a momentary
period but for a more permanent duration, for the purpose of devoting the property to a public use
in such a manner as to oust the owner and deprive him of all beneficial enjoyment thereof.
It cannot be said that the right of eminent domain may be exercised by simply leasing the premises
to be expropriated. In a lease contract, the owner was compensated and not deprived of the
ordinary and beneficial use of his property by its being diverted to public use, there is no taking
Page 5 of 9
Courts will decide cases, otherwise moot and academic, if: first, there is a grave violation of the
Constitution; second, the exceptional character of the situation and the paramount public interest is
involved; third, when the constitutional issue raised requires formulation of controlling principles
to guide the bench, the bar and the public; and fourth, the case is capable of repetition yet evading
review, the above exceptions do not find application in the instant case. - Office of the Deputy
Ombudsman for Luzon, et al. vs. Jesus D. Francisco, Sr., G.R. No. 172553, December 14, 2011
ELECTION LAW
DISQUALIFICATION
After a candidate has been proclaimed by the COMELEC, no case for disqualification. Should
COMELEC find probable cause that the proclaimed winner has violated the Omnibus Election Code
and an action for disqualification is instituted as a result, the Commission should file an information
against the winner with regular courts but shall still dismiss the disqualification case. - Roberto
Albaa, Katherine Belo, Generoso Derramas, Vicente Duran, Ricardo Araque, Merlinda Degala,
Gabriel Aranas, Ernesto Bitoon and Juvic Deslate, vs. Pio Jude S. Belo, Rodolfo Deocampo and
Lorencito Diaz, G.R. No. 158734, October 2, 2009
POLITICAL PARTIES
The twin requirements of due notice and hearing are indispensable before the COMELEC may
properly order the cancellation of the registration and accreditation of a party-list organization.
Indubitably, if the term-sharing agreement was not actually implemented by the parties
thereto, it appears that SENIOR CITIZENS, as a party-list organization, had been unfairly and
arbitrarily penalized by the COMELEC En Banc. Verily, how can there be disobedience on the part of
SENIOR CITIZENS when its nominees, in fact, desisted from carrying out their agreement? Hence,
there was no violation of an election law, rule, or regulation to speak of. Clearly then, the
disqualification of SENIOR CITIZENS and the cancellation of its registration and accreditation have
no legal leg to stand on. - Coalition Of Associations of Senior Citizens in the Philippines, Inc.
[Senior Citizens Partylist], represented herein by its Chairperson and First Nominee,
Francisco G. Datol, Jr. vs. Commission on Elections, G.R. No. 206844-45, July 23, 2013
ELECTIONS PROHIBITED ACTS
When a security guard carries the firearm within the vicinity of the workplace that he is
assigned, the subsequent use of the said firearm shall not constitute a violation of the Gun Ban
Rule. - Juanito R. Rimando vs. Commission On Elections and Norma O. Magno, G.R. No.
176364, September 18, 2009
After a candidate has been proclaimed by the COMELEC, no case for disqualification. Should
COMELEC find probable cause that the proclaimed winner has violated the Omnibus Election Code
and an action for disqualification is instituted as a result, the Commission should file an information
against the winner with regular courts but shall still dismiss the disqualification case. - Roberto
Albaa, Katherine Belo, Generoso Derramas, Vicente Duran, Ricardo Araque, Merlinda Degala,
Page 7 of 9
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
POWERS OF LOCAL GOVERNMENT UNITS
Under the Local Government Code, two requisites must be met before a national project that affects
the environmental and ecological balance of local communities can be implemented:
prior consultation with the affected local communities, and prior approval of the project by the
appropriate sanggunian. Absent either of these mandatory requirements, the projects
implementation is illegal. Accordingly, the information dissemination conducted by respondent
province months after the Environmental Compliance Certificates had already been issued was
insufficient to comply with this requirement under the Local Government Code. Had they been
conducted properly, the prior public consultation should have considered the ecological or
Page 8 of 9
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 Misrepresentation in the Supreme Court, A.M. No. 10-10-4SC, March 8, 2011
Page 9 of 9