Professional Documents
Culture Documents
law
Garces vs. Estenso
Facts: The case is about the constitutionality of four resolutions of the barangay council of Valencia, Ormoc
City, regarding the acquisition of the wooden image of San Vicente Ferrer to be used in the celebration of his
annual feast day. That issue was spawned by the controversy as to whether the parish priest or a layman should
have the custody of the image. On March 23, 1976, the said barangay council adopted Resolution No. 5,
"reviving the traditional socio-religious celebration" every fifth day of April "of the feast day of Seor San
Vicente Ferrer, the patron saint of Valencia".
Issue: Is the holding of fiesta and having a patron saint for the barrio, valid and constitutional?
Held: Yes. The wooden image was purchased in connection with the celebration of the barrio fiesta honoring
the patron saint, San Vicente Ferrer, and not for the purpose of favoring any religion nor interfering with
religious matters or the religious beliefs of the barrio residents. One of the highlights of the fiesta was the
mass. Consequently, the image of the patron saint had to be placed in the church when the mass was
celebrated.
If there is nothing unconstitutional or illegal in holding a fiesta and having a patron saint for the barrio, then
any activity intended to facilitate the worship of the patron saint (such as the acquisition and display of his
image) cannot be branded as illegal. As noted in the first resolution, the barrio fiesta is a socio-religious affair.
Its celebration is an ingrained tradition in rural communities. The fiesta relieves the monotony and drudgery of
the lives of the masses.
Manosca vs. CA
Facts: Petitioners inherited a piece of land when the parcel was ascertained by the NHI to have been the birth
site of Felix Y. Manalo, the founder of Iglesia Ni Cristo, it passed Resolution No. 1, declaring the land to be a
national historical landmark. Petitioners moved to dismiss the complaint on the main thesis that the intended
expropriation was not for a public purpose and, incidentally, that the act would constitute an application of
public funds, directly or indirectly, for the use, benefit, or support of Iglesia ni Cristo, a religious entity,
contrary to the provision of Section 29(2), Article VI, of the 1987 Constitution.
Issue: The expropriation of the land whereat Manalo was born, valid and constitutional?
Held: Yes. The taking to be valid must be for public use. There was a time when it was felt that a literal
meaning should be attached to such a requirement. Whatever project is undertaken must be for the public to
enjoy, as in the case of streets or parks. Otherwise, expropriation is not allowable. It is not so any more. As
long as the purpose of the taking is public, then the power of eminent domain comes into play. As just noted,
the constitution in at least two cases, to remove any doubt, determines what is public use. One is the
expropriation of lands to be subdivided into small lots for resale at cost to individuals. The other is the transfer,
through the exercise of this power, of utilities and other private enterprise to the government. It is accurate to
state then that at present whatever may be beneficially employed for the general welfare satisfies the
requirement of public use.
Section 6
Yap vs. CA
Facts: The right against excessive bail, and the liberty of abode and travel, are being invoked to set aside two
resolutions of the Court of Appeals which fixed bail at P5,500,000.00 and imposed conditions on change of
residence and travel abroad. For misappropriating amounts equivalent to P5,500,000.00, petitioner was
convicted of estafa and was sentenced to four years and two months of prision correccional, as minimum, to
eight years of prision mayor as maximum, in addition to one (1) year for each additional P10,000.00 in excess
of P22,000.00 but in no case shall it exceed twenty (20) years. He filed a notice of appeal, and moved to be
allowed provisional liberty under the cash bond he had filed earlier in the proceedings.
Issue: Was the condition imposed by the CA on accuseds bail bond violative the liberty of abode and right to
travel?
Held: Imposing bail in an excessive amount could render meaningless the right to bail. Under the
circumstances of this case, we find that appropriate conditions have been imposed in the bail bond to ensure
against the risk of flight, particularly, the combination of the hold-departure order and the requirement that
petitioner inform the court of any change of residence and of his whereabouts. Although an increase in the
amount of bail while the case is on appeal may be meritorious, we find that the setting of the amount at
P5,500,000.00 is unreasonable, excessive, and constitutes an effective denial of petitioners right to bail.
Section 8
Jacinto vs. CA
Facts: Petitioners are public school teachers from various schools in Metropolitan Manila. Between the period
September 17 to 21, 1990, they incurred unauthorized absences in connection with the mass actions then
staged; and on September 17, 1990, DECS Secretary Isidro Cario immediately issued a return-to-work order.
They were administratively charged with gross misconduct; gross neglect of duty, etc. for joining unauthorized
mass actions; ignoring report-to-work directives; unjustified abandonment of teaching posts; non-observance
of Civil Service law, rules and regulations; non-compliance with reasonable office rules and regulations; and
incurring unauthorized absences without leave, etc.
Issue: Were the public school teachers penalized for the exercise of their right to assemble peacefully and to
petition the government for redress of grievances?
Held: Improper Exercise of the Right to Peaceful Assembly and to Petition for a Redress of Grievances. There
is no question as to the petitioners rights to peaceful assembly to petition the government for a redress of
grievances and, for that matter, to organize or form associations for purposes not contrary to law, as well as to
engage in peaceful concerted activities. Although the Constitution vests in them the right to organize, to
assemble peaceably and to petition the government for a redress of grievances, there is no like express
provision granting them the right to strike. Rather, the constitutional grant of the right to strike is restrained by
the proviso that its exercise shall be done in accordance with law.
It cannot be denied that the mass action or assembly staged by the petitioners resulted in the non-holding of
classes in several public schools during the corresponding period.
FRANCISCO I. CHAVEZ
vs. PUBLIC ESTATES AUTHORITY and AMARI COASTAL BAY DEVELOPMENT
CORPORATION
FACTS: The petition seeks to compel the Public Estates Authority ("PEA" for brevity) to disclose all facts on
PEA's then on-going renegotiations with Amari Coastal Bay and Development Corporation ("AMARI" for
brevity) to reclaim portions of Manila Bay. The petition further seeks to enjoin PEA from signing a new
agreement with AMARI involving such reclamation. PEA asserts that in cases of on-going negotiations the
right to information is limited to "definite propositions of the government." PEA maintains the right does not
include access to "intra-agency or inter-agency recommendations or communications during the stage when
common assertions are still in the process of being formulated or are in the 'exploratory stage'."
ISSUE: Are negotiations leading to a settlement with PIATCO within the scope of the constitutional guarantee
of access to information?
HELD: Yes. Section 7, Article III of the Constitution explains the people's right to information on matters of
public concern: Access to official records, and to documents, and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy development, shall
be afforded the citizen, subject to such limitations as may be provided by law." Further, The State policy (Sec
28, Art II) of full transparency in all transactions involving public interest reinforces the people's right to
information on matters of public concern.
These twin provisions of the Constitution seek to promote transparency in policy-making and in the operations
of the government, as well as provide the people sufficient information to exercise effectively other
constitutional rights.
Information on on-going evaluation or review of bids or proposals being undertaken by the bidding or review
committee is not immediately accessible under the right to information. While the evaluation or review is still
on-going, there are no "official acts, transactions, or decisions" on the bids or proposals. However, once the
committee makes its official recommendation, there arises a "definite proposition" on the part of the
government.
Jacinto vs. CA
Petitioners are public school teachers from various schools in Metropolitan Manila. Between the period
September 17 to 21, 1990, they incurred unauthorized absences in connection with the mass actions then
staged. Consequently, due to their failure to heed the return-to-work order, DECS Sec. Cario immediately
issued formal charges and preventive suspension orders against them.
ISSUE: Were the public school teachers penalized for the exercise of their right to assemble peacefully and to
petition the government for redress of grievances?
HELD: The petitioners here, except Merlinda Jacinto, were not penalized for the exercise of their right to
assemble peacefully and to petition the government for a redress of grievances. Rather, the Civil Service
Commission found them guilty of conduct prejudicial to the best interest of the service for having absented
themselves without proper authority, from their schools during regular school days, in order to participate in
the mass protest, their absence ineluctably resulting in the non-holding of classes and in the deprivation of
students of education, for which they were responsible. Had petitioners availed themselves of their free time -recess, after classes, weekends or holidays -- to dramatize their grievances and to dialogue with the proper
authorities within the bounds of law, no one -- not the DECS, the CSC or even this Court -- could have held
them liable for the valid exercise of their constitutionally guaranteed rights. As it was, the temporary stoppage
of classes resulting from their activity necessarily disrupted public services, the very evil sought to be
forestalled by the prohibition against strikes by government workers. Their act by its nature was enjoined by
the Civil Service law, rules and regulations, for which they must, therefore, be made answerable.