Professional Documents
Culture Documents
25 Cases (10.14-11.11) KM
25 Cases (10.14-11.11) KM
Nixon
Facts: In June 1972, five men armed with bugging equipment were arrested inside
Democratic National Committees offices in Washington, D.C. Police discovered that the
burglars worked, directly/indirectly for the Committee to Re-elect the President Nixon. A
special prosecutor appointed to probe the Watergate scandal; subpoenaed the tapes. Nixon
refused to released them, claiming they were protected under privilege. Another special
prosecutor asked the US Supreme Court to compel Nixon to release all of the tapes in their
entirety.
Issue: WON, separation of powers allow for the settlement of this dispute to be settled by
the Judicial Branch.
Ruling: The Court ruled unanimously that President Richard Nixon had to surrender the
tapes. Main Point: Supreme Court of the US had to balance the executive privilege against
the rights of citizens to face their accusers and to have a speedy and fair trial.
10.15 Estrada v. Desierto, 353 SCRA 452 (2001); MR, 356 SCRA 108 (2001)
Facts:EDSA 2 commenced with the PNP and AFP joining the crowd. In the succeeding days,
a chain of resignations from the military, the police, and the cabinet ensued. On January 20,
Supreme Court declared the seat for presidency as vacant, saying that Estrada
constructively resigned his post. At noon, Chief Justice, whose authority was later
unanimously confirmed by SC, administered the oath to Arroyo as President of the
Philippines.
Issue: WON the assumption of Vice President Gloria Macapagal Arroyo to the office of the
President is justifiable?
Ruling: The supreme Court held that Estrada had resigned thereby leaving the office
vacant.The judgement that Estrada had resigned was based on two statements of Estrada
just before he left Malacaang and on the diary of Angara published in the inquirer. Main
point: Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable,
The poll body signed the actual automation Contract with Mega Pacific eSolutions, Inc., a
company that joined the bidding but had not met the eligibility requirements.
Issue: WON COMELEC committed grave abuse of discretion
Ruling: Yes. There is grave abuse of discretion (1) when an act is done contrary to the
Constitution, the law or jurisprudence; or (2) when it is executed whimsically, capriciously or
arbitrarily out of malice, ill will or personal bias. Main point: Comelec approved the
assailed Resolution and awarded the subject Contract not only in clear violation of law and
jurisprudence, but also in reckless disregard of its own bidding rules and procedure.
RULING: Petition lacks merit. From a Domestic Law Perspective, the Executive Department
has the exclusive prerogative to determine whether to espouse petitioners claims against
Japan. MAINPOINT: The Executive Department has the exclusive prerogative to determine
whether to espouse petitionersclaims against Japan.
10.21 Garcia v. Board of Investments, GR No. 92024, November 9, 1990
Facts: The Luzon Petrochemical Corporation, a foreign corporation, was attracted to situate
its petrochemical plant in Bataan by initial inducements and other circumstances
Subsequently, however, it asked the Board of Investments to be allowed to move to
Batangas on the ground that it has the right of final choice of plant site. On that basis, the
BOI yielded.
Issue: whether or not BOI committed grave abuse of discretion when it yield to the wishes
of the investor, national interest notwithstanding.
Ruling: Yes. The clear advantages manifest in the plants remaining in Bataan, practically
nothing is shown to justify the transfer to Batangas except a near absolute discretion given
by the BOI to investors not only to freely choose the site but to transfer it from their own first
choice for reasons which remain murky to say the least. Main point: The BOI capitulation is
adverse to Philippine interest contrary to the thrust of the Constitution. (grave abuse)
10.22 Echegaray v. Secretary of Justice, GR No. 132601, January 19, 1999
FACTS: In 1999, the SC issued a TRO staying the execution of petitioner Leo Echegaray
scheduled on that same day. The public respondent Justice Secretary assailed the issuance
of the TRO arguing that the action of the SC not only violated the rule on finality of judgment
but also encroached on the power of the executive to grant reprieve. ;
ISSUE: WON the court abused its discretion in granting a Temporary Restraining Order
(TRO) on the execution of Echegaray despite the fact that the finality of judgment has
already been rendered that by granting the TRO, the Honorable Court has in effect granted
reprieve which is an executive function.
HELD: No. Respondents cited sec 19, art VII. The provision is simply the source of power of
the President to grant reprieves, commutations, and pardons and remit fines and forfeitures
after conviction by final judgment. Main Point: The powers of the Executive, the legislative
and the Judiciary to save the life of a death convict do not exclude for the simple reason that
there is no higher right than the right of life. To contend that only the Executive can protect
the right of life of an accused after his final conviction is to violate the principle of co-equal
and coordinate powers of three branches of our government. (Bernas)
*additional : The crime of raping his ten-year old either daughter/step daughter having been
committed sometime in April, 1994, during which time (R.A.) No. 7659, commonly known as
the Death Penalty Law, was already in effect.
10.23 Torrecampo v. MWSS, 649 SCRA 482
Facts: Torrecampo filed the petition for injunction pursuant to Sec. 3 of R.A 8975 onJuly
1, 2009, a day after DPWH entered aportion of Barangay Matandang Balara toimplement
the C-5 Road Extension Project. Torrecampo insists that the RI-PADA area isa better
alternative to subject lots for theproject.
Issue:WON
respondents
should
be
enjoined rom commencing with and
implementingthe C-5 Road Extension Project along Tandang Sora Road, affecting
MWSSproperties
Held:The court rules that Torrecampo is notentitled to an injunction for judicial reviewdoes
not apply to matters concerning the Executive branch, main point: . The court issued that
Torrecampo is notentitled to an injunction, the denied. Judicial power includes the duty of
the courts of justice to settle actual controversies (C5 road)
Facts: The case at bar relates with a petition of the Manila Electric Company (MEC, pet),
requesting the members of the SC, sitting as a board of arbitrators, to fix the terms
upon which certain transportation companies shall be permitted to use the Pasig bridge of
the MEC and the compensation to be paid to the MEC by such transportation companies.Act
NO. 1446, Section 11 relates with the legal act of the members of the SC, sitting
as a board of arbitrators, to act on the petition.
Issue: WON Court may exercise administrative or quasi-judicial functions as provided
by ActNo. 1446
Held: Act 1446, Section 11 contravenes the maxims which guide the operation of a
democratic government constitutionally established, and that it would be improper and
illegal for the members of the SC, sitting as a board or arbitrators, the decision of a
majority of whom shall be final; the decisions of the Board of Arbitration shall go through
the regular court system (Trial Courts Court of Appeals SC). They will be reviewed by
the lower courts and will ultimately be reviewed by themselves. Main point: The SC
cannot sit as members of the Board of Arbitration because it is not within their
jurisdiction to decide on cases on purely contractual situations.
11.4 Malaga v. Penachos, 213 SCRA 516 (1992)
FACT: The petitioners filed a complaint with the Iloilo RTC against the officers of PBAC (Prequalifications, Bids and Awards Committee ) of The Iloilo State College of Fisheries (ISCOF)
for their refusal without just cause to accept them resulting to their non-inclusion in the list
of pre-qualified bidders. The defendants filed a motion to lift the restraining order on the
ground that the court is prohibited from issuing such order, preliminary injunction and
preliminary mandatory injunction in government infrastructure project under Sec. 1 of P.D.
1818.
ISSUE: Whether or not ISCOF is a government instrumentality subject to the provisions of
PD 1818?
HELD: The 1987 Administrative Code defines a government Instrumentality refers to any
agency of the National Government, not integrated within the department framework,
vested with special functions or jurisdiction by law, endowed with some if not all corporate
powers, administering special funds, and enjoying operational autonomy, usually through a
charter. ISCOF is a chartered institution and is therefore covered by P.D. 1818.
11.5 Lupangco v. CA, 160 SCRA 848 (1988)
Facts: Oct 6, 1986, (PRC) issued Resolution No. 105 "Additional Instructions to Examines," to
all who will take the licensure examinations in accountancy. No examinee shall attend any
review class, briefing, conference or the like conducted by, or shall receive any hand-out,
review material, or any tip from any school, college or university, or any review center or the
like or any reviewer, lecturer, instructor official or employee of any of the aforementioned or
similar institutions during the three days immediately proceeding every examination day
including examination day.
Issue: Is the Regional Trial Court of the same category as the Professional Regulation
Commission so that it cannot pass upon the validity of the administrative acts of the latter.
Ruling: The SC ruled that RTC has jurisdiction to entertain Civil Case No. 86-37950 and
enjoin the respondent PRC from enforcing its resolution. This is because from Presidential
Decree No. 223, the Professional Regulation Commission is attached to the Office of the
President for general direction and coordination.
Main Point: Where the statutes designates the court having jurisdiction other than courts of
general jurisdiction, then courts of general jurisdiction do not have authority. But where
there is silence, the general rule applies.
Section 3. Fiscal Autonomy
11.6 Radiowealth v. Agregado, 86 SCRA 429 (1950)
Facts: A Webster Teletalk and Webster Telephone Speaker were bought and installed in the
second and third floor of the Malacanang Annex which houses the Supreme Court.The
Chairman of the Property Requisition Committee (appointed by the President) disapproved of
the purchase and its installation invoking EO 302 which discontinues open market
purchases. Petitioners also contend that judicial functions do not include purchase of
property. Radio wealth, Inc. (vendor) is now requesting that the payment be approved
however, the Auditor of the SC refused to countersign the warrant for payment
Issue: Whether or not the Auditor General, as part of the Executive Department, was correct
in his decision to deny the payment of the equipment that the Supreme Court bought from
Radiowealth.
Ruling: No, the Auditor General made a mistake in his decision. According to Section 3 of
Article VIII of the 1987 Constitution, the Judiciary shall enjoy fiscal autonomy which means
that the appropriations for the Judiciary may not be reduced and shall be automatically and
regularly released.
Main point: Judiciary has the power to maintain its existence and do whatever is necessary
to preserve their integrity, maintain their dignity and ensure effectiveness in the
administration of justice.
being in gross disregard of the rules & basic legal precept that accord finality to
administrative determinations.
international or executive agreement, or law, which shall be heard by the Supreme Court en
banc