Zaldivar vs. Sandiganbayan and Zaldivar vs. Hon.
claiming to be and acting as Tanodbayan-Ombudsman under the 1987 Constitution Nature: Petition for certiorari, prohibition, and mandamus to review the decision of the Sandiganbayan Facts: • Enrique Zaldivar, governor of the province of Antique • Sought to restrain the Sandiganbayan and Tanodbayan Raul Gonzalez • From proceeding with the prosecution and hearing of criminal cases filed against him • On the ground that said cases were filed by the Tanodbayan. • The 1987 Consti provided that it is only the Ombudsman who has the authority to file cases with the Sandiganbayan. Issue: WON Tanodbayan had authority to file those cases for Sandiganbayan to prosecute and hear. Held: NO Ratio: 1. Under the 1987 Consti, the Ombudsman (distinguished from Tanodbayan) is charged with the duty to: Section 13, par 1: Investigate on its own, or on complaint by any person, any act or omission of any public officer, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.
The Tanodbayan of the 1973 Consti became the Office of the Special prosecutor that shall continue to function and exercise it powers as now or hereafter may be provided by law, except those conferred on the Office of the Ombudsman created under the Consti. (article 11, section 7) Thus, beginning on February 2, 1987, the authority to conduct preliminary investigations and direct the filing of criminal cases with the Sandiganbayan was vested on the Ombudsman. The Tanodbayan is now the subordinate of the Sandiganbayan and it can investigate and prosecute cases only upon the latter’s authority or orders.
Office of the Tanodbayan: created by PB 1607 GRANTED; GONZALEZ ORDERED TO CEASE AND DESIST FROM CONDUCTING INVESTIGATIONS AND FILING CRIMNIAL CASES WITH THE SANDIGANBAYAN OR OTHERWISE EXERCISNG THE POWERS AND FUNCTIONS OF THE OMBUDSMAN
Inting vs. Tanodbayan (1980 case)
Nature: Petition fro certiorari and prohibition with preliminary injunction and restraining order Facts: 1. Inting filed complaints for perjury at the City Fiscal of Davao’s office, against Angelina S. Salcedo (in latter’s personal data sheets, she indicated that she completed the 1year Secretarial Science course at USC in Cebu although she never enrolled in, and neither did she complete the course) Salcedo is an appurtenant of the judicial staff of the City Court of Davao 2. City Fiscal of Davao thru Special Counsel Rodrigo R. Duterte conducted preliminary investigation. 3. found prima facie case for perjury and filed 3 separate counts of perjury under article 183 of RPC 4. Salcedo interposed appeal to the ministry of Justice. 5. Ministry of Justice forwarded records to Tanodbayan, pursuant to Section 10 (f) of the PD No. 1630, which vests on the latter the power to file and prosecute offenses committed by public officers and employees in relation to their office. 6. Tanodbayan Vicente Ericta reversed decision of City Fiscal.
directed city fiscal to move for dismissal of the 3 criminal cases for perjury against Salcedo
Powers of Tanodbayan: PD 1603 Section 10 (a) he may investigate, on complaint by any person or on his own motion or initiative, any administrative act whether amounting to any criminal offense or not of any administrative agency including any GOCC. Issue: WON Tanodbayan has jurisdiction and authority to review and nullify the resolutions of
the City Fiscal of Davao (f) he may file and prosecute civil and administrative cases involving graft and corrupt practices and Held: Yes Ratio: to their office. 1. Tanodbayan has authority to file and prosecute Salcedo’s case even if it does not involve graft and corrupt offices because it falls under such other offenses covered by section 10 (f) of PD 1630 2. Act of perjury was in relation to Salcedo’s office. Section 18 of PD 1630 gives Tanodbayan authority to conduct investigations and file case for such occurrence. 3. Tanodbayan therefore had authority to nullify and review resolutions of the City Fiscal of Davao as the case involved the actions of a government official related to his office. PETITION DISMISSED.
such other offenses committed by public officers and employees, including those in GOCC, in relation
Orap, Vicente vs. Sandiganbayan represented by Justices Manuel Pamaran, Fernandez, and Escareal (1985 case)
Nature: Petition for certiorari and prohibition to review the decision of the Sandiganbayan Facts: • Tanodbayan Special Prosecutor Rodolfo Aquino • Charged Vicente Orap, presiding judge of the Municipal Court of Mangatarem, Pangasinan • With violation of Section 39e) of Rep Act 3019, otherwise known as the Anti-Graft and Corrupt Practices Act • Juan Sison, then Chief Special prosecutor of the Tanodbayan approved information and the latter was docketed as Crim. Cases Nos. SB-020, 021, 022. • Clerk of Court, Melanio Fernandez was also charged. • Orap contended that Tanodbayan had no power to conduct preliminary investigations, file infos, and prosecute criminal cases against judges and their appurtenant judicial staff. Alleged crime of Orap: took sums of money from several persons in connection with the case of People vs. Pepito Iglesias, for reckless imprudence resulting in multiple homicide, serious physical injuries and damage to property Issue WON Tanodbayan has authority to conduct preliminary investigation of the complaint Held/Ratio NO. As Ombudsman, his investigatory powers are limited to complaints initiated against offices and personnel of administrative agencies as defined in Section 9(a) of PD 1607. YES. As prosecutor, the authority of the Tanodbayan is plenary and without exceptions. Section 17 of PD 1607 empowers special prosecutors exclusive authority to conduct preliminary investigation of all cases cognizable by the Sandiganbayan.
WON Tanodbayan had authority to corresponding information before Sandiganbayan and prosecute the same
Section 19 gave the Office of the Chief Special Prosecutor power to investigate employees and officials who act in a manner warranting criminal or disciplinary action
PETITION DISMISSED. Tanodbayan has jurisdiction to investigate and file information. Sandiganbayan had jurisdiction to prosecute defined under section 4 of PD 1606. Nixon: PRESIDENCY In the White House, the contradictions in Nixon were most obvious. He could be bold, yet also cautious; effective, yet often inept. Working closely with his national security advisor (later, secretary of state), Henry KISSINGER, he forsook the anti-Communist policies that he had supported throughout most of his career in favor of DETENTE with the USSR and rapprochement with the Communist government of China. In 1969 he began the Strategic Arms Limitation Talks (SALT) with the Soviet Union. In February 1972 he made a historic trip to Beijing--where he was received by Mao Zedong--thus reversing the U.S. policy of not recognizing the Communist government. In 1973, after 4 years of waging war in Vietnam-including heavy bombing raids on North Vietnam (1972) and the invasion (1970) of Cambodia-the administration managed to arrange a cease-fire that would last long enough to permit U.S. withdrawal from the Indochinese war zone. After the Arab-Israel War in 1973, the efforts of Henry Kissinger led to a cease-fire and troop disengagement in the Middle East. Domestically, under the banner of "A New Federalism," Nixon attempted to shift important elements of governmental power and responsibility back to state and local governments. He cut back and opposed federal welfare services, proposed antibusing legislation, and used wage-and-price controls to fight inflation. A combination of domestic and international developments, notably the quintupling of oil prices by the Organization of Petroleum Exporting Countries (OPEC) in 1973, led to the economic recession of 1974-75. In 1972, Nixon swept to an overwhelming victory in the presidential election against his Democratic challenger Sen. George S. MCGOVERN--but, ironically, the seeds of political collapse had already been sown. During the campaign, a group of burglars working for the Committee to Re-elect the President broke into the headquarters of the Democratic National Committee at the Watergate office-apartment complex in Washington, D.C., apparently in search of political intelligence. Attempts by the White House to stop or frustrate the ensuing investigations ultimately failed when Nixon's own White House tape recordings revealed that the president and his assistants had engaged in an obstruction of justice. In the meantime he had been forced to drop Vice-President Spiro T. AGNEW, who resigned in October 1973 after he was charged with corruption that began during his tenure as Baltimore County executive. As the revelations of wrongdoing piled up, Nixon became preoccupied with preserving his presidency. He jettisoned top assistants in the White House and fired Special Prosecutor Archibald COX. After the Supreme Court, in a unanimous decision, required that he supply Cox's successor, Leon JAWORSKI, with tape recordings of conversations with his advisors, the House Judiciary Committee voted to recommend (July 27-30, 1974) approval by the full House of three articles of impeachment against the president. On Aug. 9, 1974, Nixon resigned his office and was succeeded by Vice-President Gerald R. FORD, whom he had selected to replace Agnew. A month after Nixon's resignation, Ford pardoned him for any crimes he might have committed as president. Nixon accepted the pardon but insisted that his mistakes had been personal and political, not criminal. Watergate Watergate is the popular name for the political scandal and constitutional crisis that began with the arrest (June 17, 1972) of five burglars who broke into Democratic National Committee
headquarters at the Watergate office building in Washington, D.C. It ended with the resignation (Aug. 9, 1974) of President Richard M. NIXON. The burglars and two co-plotters--G. Gordon Liddy and E. Howard Hunt--were indicted (September 1972) on charges of burglary, conspiracy, and wiretapping. Four months later, they were convicted and sentenced to prison terms by District Court Judge John J. Sirica, who was convinced that pertinent details had not been unveiled during the trial and proffered leniency in exchange for further information. As it became increasingly evident that the Watergate burglars were tied closely to the Central Intelligence Agency and the Committee to Re-elect the President (CRP), some of Nixon's aides began talking to federal prosecutors. The defection of aides such as Jeb Stuart Magruder, assistant to CRP director John N. MITCHELL, quickly implicated others in Nixon's inner circle. The Senate established (February 1973) an investigative committee headed by Sen. Sam ERVIN, Jr., to look into the growing scandal. Amid increasing disclosures of White House involvement in the Watergate break-in and its aftermath, Nixon announced the resignations of John Ehrlichman and H. R. Haldeman, two of his closest advisors, and the dismissal of his counsel John W. Dean III. Growing suspicion of presidential involvement in the scandal resulted in an intensification of the investigation. Leaders in this inquiry included Judge Sirica, reporters for the Washington Post, the Ervin committee, and Archibald COX, who was sworn in as special prosecutor in May 1973. Dean told the Ervin committee in June that Nixon had known of the cover-up. A month later, former White House staff member Alexander Butterfield revealed that Nixon had secretly tape-recorded conversations in his offices. Both Cox and the Ervin committee began efforts to obtain selected tapes. Nixon, citing EXECUTIVE PRIVILEGE, refused to relinquish them and tried to have Cox fired. On Oct. 20, 1973, Attorney General Elliot L. Richardson, refusing to dismiss Cox, resigned in protest. His deputy, William Ruckelshaus, also refused and was fired. Nixon's solicitor general, Robert H. Bork, who was next in command, then fired Cox. The "Saturday night massacre," as the events of that evening became known, heightened suspicions that Nixon had much to hide. Leon Jaworski, who replaced Cox as special prosecutor on November 1, continued to press for the tapes. On Mar. 1, 1974, a federal grand jury indicted seven men, including Haldeman, Ehrlichman, Mitchell, and White House special counsel Charles Colson, for conspiracy to obstruct justice. At the same time, the House Judiciary Committee began investigating the Watergate affair and related matters. The president released (April 30) edited transcripts--containing suspicious gaps--of Watergaterelated Oval Office conversations. Not satisfied, Judge Sirica subpoenaed additional tapes. When Nixon refused, the case moved to the Supreme Court, which ruled (July 24) against him by an 8-0 vote. The Court conceded that a president could withhold national security material but insisted that Watergate was a criminal matter (see UNITED STATES V. RICHARD M. NIXON). On July 27-30, the House Judiciary Committee, whose public hearings had disclosed evidence of illegal White House activities, recommended that Nixon be impeached on three charges: obstruction of justice, abuse of presidential powers, and trying to impede the impeachment process by defying committee subpoenas. The committee rejected two other possible counts: Nixon's unauthorized, secret bombing of Cambodia in 1969 and his use of public funds to improve his private property. A beleaguered President Nixon released three tapes to the public on Aug. 5, 1974. One revealed that he had taken steps to thwart the FBI's inquiry into the Watergate burglary. The tape made it clear that Nixon had been involved actively in the cover-up from its beginnings. These disclosures destroyed the president's remaining congressional support. With House impeachment inevitable and Senate conviction probable, Richard Nixon became (Aug. 9, 1974) the first U.S. chief executive to resign.
Clinton vs. Jones
Nature: Writ of Certiorari to the United States Court of Appeals for the 8th Circuit
Facts: • • • • • •
May 8, 1991, during an official conference at the Excelsior Hotel in Little Rock, Arkansas where Clinton was governor. Danny Ferguson, former Arkansas State Police, persuaded her to leave her desk (registration) and to visit the Governor in a business suite at the hotel. There, Clinton allegedly made abhorrent sexual advances that she vehemently rejected. Subsequently, her superiors at work shanged her duties to ounish her for rejecting those advances. Jones sought actual damamges of $75,000 and punitive damages of $100,000 Clinton filed a motion to dismiss on grounds of presidential immunity.
Issue: WON Clinton could claim presidential immunity for unofficial acts performed before he became president of the USA. Held: NO Ratio: 1. Presidential immunity can only be claimed if the President was performing an official act. 2. Allowing the trial to proceed will not prejudice the function of the President. a. His testimonies for discovery and for use at trial may be taken at the White House b. Such shall be acquired at a time that will accommodate his busy schedule c. The President may choose not to be present at the trial. 3. The President cannot claim immunity from suits for money damages because in this particular case, the suit did not arise out of his official act. 4. Immunities are grounded in the nature of the function performed, not the identity of the actor who performed it. 5. Delaying the trial would increase the danger of prejudice resulting from the loss of evidence, including the inability off witnesses to recall specific facts, or the possible death of a party. The Federal District Court has jurisdiction to decide this case. Like every other citizen who properly invokes that jurisdiction, respondent has a right to an orderly disposition of her claims. Accordingly, the judgment of the COA is affirmed. Contents of Jones’ complaint: 1. Clinton deprived her of rights protected by the Constitution. 2. Clinton and Ferguson engaged in a conspiracy to violate her federal rights. 3. state common-law claim for intentional infliction of emotional distress 4. for defamation, embracing both the comments allegedly made to the press by Ferguson and the statements of petitioner’s agents.
In Re. Raul M. Gonzalez
Nature: In re 1st Indorsement from Honorable Raul M. Gonzalez dated March 16, 1988 requesting Hon. Judge Marcelo Fernan to Comment on an Anonymous Letter-Complaint Facts: An anonymous letter by Concerned Employees of the Supreme Court was addressed to Hon. Raul Gonzalez. Contents of the letter: • charges of disbarment brought by Mr. Miguel Cuenco against Justice Marcelo Fernan • a request for Mr. Raul M. Gonzalez as Tanodbayan/Special Prosecutor to do something about the case February 12, 1988 The Court directed the Clerk of Court to furnish Mr. Gonzalez a copy of a resolution. Contents of the resolution: • dismiss the charges made by Cuenco against Fernan
2. Aida Balbastro: complaint of disbarment against Ombudsman Aniano Desierto for “immorality and involvement in various illegal and immoral activities. sworn to before Notary Public Atty. 1. criminally or b. administratively (by disbarment proceedings) • for any wrong or misbehavior that may be proven against him in appropriate proceedings
The Clerk of Court is hereby DIRECTED to serve a copy of this Resolution upon Hon. Issue: WON the Court can make out a prima facie case for disbarment against Desierto based on such letter-complaint. Such public officer cannot be charged criminally before the Sandiganbayan or any other court with any offense which carries with it a penalty of removal from office. impeachment under sections 2 and 3 of article 11 of 1987 Consti 2. unknown and unnamed sources.•
require Cuenco to show cause why he should not be administratively dealt with for making such unfounded accusations
Issue: WON a member of the Supreme Court can be charged with disbarment during his incumbency Held: NO Ratio: Article 8. Held: NO Ratio: 1. he may be held liable to answer wither: a. Jarque. or any penalty service of which would amount to removal from office. the Court would still have to dismiss the complaints.
In re Jarque
. The letter made very general allegations made y other. 1995: letter by Cpt. Even if the letter-complaint had succeeded in making out such a prima facie case.
Nature: Facts: • November 18. Jose Rene N. Raul Gonzalez and Mr. section7. when tenure is terminated by impeachment. Miguel Cuenco. par 1 and article 9. To grant a complaint for disbarment of a Member of the Court during the Member’s incumbency would circumvent the constitutional mandate that Members of the Court may be removed from office only by impeachment and conviction of certain offenses listed in Article 11 (2) of Consti o culpable violation of the Constitution o treason o bribery o graft o corruption o high crimes o betrayal of public trust
2. • The letter alleged that Desierto has an illegitimate daughter with Teresita Alferez by the name of Desiree. section2 provide: That members of the Supreme Court who are members of the Philippine bar may be removed from office only by impeachment.
Proper remedy for offending members of the SC who are members of the Philippine bar: 1.
Ratio: 1. in connivance with his son. Mariano Un Ocampo III and his sons Mariano Ocampo IV be dismissed and that corresponding motions to withdraw them be filed with the Sandiganbayan. governor of Tarlac and president-chairman of the BOT of the Lingkod Tarlac Foundation. when tenure is terminated by impeachment. or any penalty service of which would amount to removal from office. section7. section2 provide: That members of the Supreme Court who are members of the Philippine bar may be removed from office only by impeachment. without collateral. Ombudsman
Nature: Petition for review of the memorandum of the Ombudsman Facts: • November 27 1991: The Ombudsman issued a memorandum to the Office of the Special Prosecutor disapproving the recommendation of the special prosecutors (Roger Berbano. His actions were neither whimsical nor capricious because he sincerely believed that there is sufficient evidence to indict both accused. Inc. What did they do? Marino Ocampo III. administratively (by disbarment proceedings) • for any wrong or misbehavior that may be proven against him in appropriate proceedings
Ocampo. and Rodolfo Reynoso) that the criminal cases filed against Gov.
Proper remedy for offending members of the SC who are members of the Philippine bar: 3. Sr. Such rule is based not only upon respect of for the investigatory and prosecutory powers granted by the Consti to the Office of the Ombudsman but upon practicality as well. and without a definite date of repayment. under terms and conditions grossly disadvantageous to the government the same being interest-free. criminally or b. Issue: WON the Ombudsman has authority to order for the investigation to proceed despite the recommendations of the special prosecutors to dismiss the same Held: Yes. 2. To grant a complaint for disbarment of a Member of the Court during the Member’s incumbency would circumvent the constitutional mandate that Members of the Court may be removed from office only by impeachment and conviction of certain offenses listed in Article 11 (2) of Consti o culpable violation of the Constitution o treason o bribery o graft o corruption o high crimes o betrayal of public trust
4. par 1 and article 9. IV vs. impeachment under sections 2 and 3 of article 11 of 1987 Consti 4. The Courts cannot interfere with the discretion of the Ombudsman to determine the specificity and adequacy of the averments of the offense charged. Such public officer cannot be charged criminally before the Sandiganbayan or any other court with any offense which carries with it a penalty of removal from office.Article 8. he may be held liable to answer wither: a. 3. loaned amount of money out of the National Aid for LG funds of Tarlac to the New Territory Manufacturing Inc (then IMCOR) of which the son was incorporator and stockholder.
provincial auditor. as regards the municipality’s participation in a public bidding. He submitted the highest bid and thus the property was sold to him and a deed of absolute sale was executed. preliminary injunction to prevent the threatened unlawful arrest of petitioners. when the acts of the office are without or in excess of authority 5.
But take note: once a case has been filed with the Sandiganbayan. Manager of the BOL and offered to buy the lot on a government-to-government basis at a price mutually acceptable to the parties September 8. Aklan • Private respondents then filed complaint and charged petitioner with violation of • Paragraph (h) of section 3 of RA 3019 (Anti-Graft and Corrupt Practices Act) as amended. Prohibition Facts: Petitioner: Municipal Mayor of Aklan Respondents: Mars Regalado and Harry Abayon. when double jeopardy is clearly apparent 7. • SB doubted whether NW can participate in the bidding September 19. 1988: • offer was rejected. Office of the Deputy Ombudsman for the Visayas: • dismissed the complaint on the ground that there existed no case for violation of paragraph (h) of section 3 of RA 3019 as amended
Additional info: Criminal prosecutions may not be restrained. or regulation 6. when necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions. Desierto
Nature: Special Civil Action in the Supreme Court. to afford adequate protection to the constitutional rights of the accused. Director and gen. members of the Sangguniang Bayan of Aklan Events: September 2. 1988: petitioner proceeded to Manila and submitted to Wenceslao Buenaventura. During his term. Antonio Tabang. 4. 2. ] • Petitioner returned to New Washington and submitted to treasurer his voucher for transpo expenses • Asked Atty. where the prosecution is under an invalid law. 1988: petitioner went to manila at his personal expense and participated in the bidding.
Venus vs. when there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied 11. such court will have full control of the case so much that the information may not be dismissed without approval of the said court.3. where the charges are manifestly false and motivated by lust for vengeance 10. where the court has no jurisdiction over the offense 8. 1988: Resolution 19 was passed authorizing petitioner to negotiate and enter into a contract with the Board of Liquidators in the Acquisition of the Garcia-Diapo Enterprise September 6. 3. either through preliminary or final injunction or a writ of prohibition. except in the following instances: 1. when there is a pre-judicial question which is sub-judice. where it is a case of persecution rather than prosecution 9. he allowed a portion of the lots to be used as garage for the municipality’s fire truck and for the municipality’s mushroom culture laboratory Office of the Provincial Prosecutor of Kalibo. ordinance.
Ombudsman Conrado Vasquez: • disapproved resolution • marginal note: to consider possible liability of petitioner for a violation of mentioned act since there is pervading showing of bad faith on the part of petitioner in maneuvering to acquire for himself a piece of property which he himself knew to be badly needed by the municipality Reraffled to Graft Investigation Officer I Carla Tanco of Office of Deputy Ombudsman: • found prima facie evidence to proceed against petitioner • Deputy Ombudsman of Visayas approved. After hearing the Internal Collector of Customs sustained the protest and ordered the refund of the money through a warrant for Auditor Wright to sign in approval. • Info was filed with Sandiganbayan • Petitioner filed a motion for recon with Victor Pascual.
. Thru this. Office of Special Prosecutor Officer III Orlando Ines: • found reasonable ground to charge Eriberto Venus of the violation • Deputy Special Prosecutor Robert E. 348. Special Prosecutor (found out that petitioner had not violated said act and then recommended that the case be dismissed) • Ombudsman disapproved Issue: WON the Ombudsman can reinvestigate a case already filed with the Sandiganbayan Held: Yes Ratio: 1. case dismissed: lack of reasonable ground to believe that petitioner violated said act. The Sandiganbayan was willing to accept and adopt the final resolution of the Officer of the Special Prosecutor and Ombudsman on the issue of whether of not the offense charged was in fact committed by the petitioner Crim. • Upon Venus’ return to the Philippines. The Sandiganbayan allowed petitioner to file motion to reconsider the adverse resolution of Special Prosecutor Ines. agent and operator of steamship Venus. • Petitioner paid said amount under protest. 2. • The Insular Collector of Customs asked petitioners to pay customs duty payable on such repairs and reconstruction work. vs Wright
Nature: Original Action in the Supreme Court Ben F. and par. section 11 of the Philippine Tariff Act of 1909. used in the coastwise trade of the Philippine Islands • They acquired services in Hong Kong for the repair and reconstruction of the ship (repair and overhaul of the thrust shaft and boilers) • There were no adequate facilities in the Philippines to achieve such purpose. Wright: Auditor of the Philippine Islands Ynchausti & Co: agent and operator of Venus: used in the coastwise trade of the Phil Islands Facts: • Ynchausti & Co.
Ynchausti & Co. • • • Petitioner claimed that such repairs and works should be exempted from the payment of customs duty under Par 200. 3. Sandiganbayan thus deferred to the authority of the Ombudsman to reinvestigate the case and further assess or re-examine the facts. kallos recommended Ines’ resolution • Special prosecutor Leonardo Tamayo concurred • Ombudsman Desierto approved. section 8.
• Countersigning of COA of a warrant •
3. • permanent annual appropriations are provided YES. WON the law provides appropriations for the asked refund
4. WON Venus and the repairs it undertook were exempted from customs duty
YES. Act of Congress of 1901 as amended by Act No. Act No. 1515 provides: • that to meet refunds of customs duties or taxes • erroneously and illegally collected • by the Philippine Government. 2872 of the Philippine Legislature provides that repairs made in foreign countries to vessels shall be subject to provisions in par 348 of the Tariff law if it could be shown that: • such repairs can only be done • in a foreign country • reasonably • economically • and within reasonable time YES. • The Collector of Customs was given the authority to investigate WON such repairs undertaken by the operators of Venus were necessary and such would exempt them from customs duty. Representatives from several Philippine firms testified that the nature of the repair and overhaul needed by Venus could not be done in the Philippines due to lack of needed facilities.•
Wright refused to sign such.
Issue: WON countersignature of the COA may be compelled if it can be shown that: 1) the warrant has been legally drawn by the officer authorized by law to do so 2) and appropriation to which the warrant may be applied exists by virtue of law 3) an unexpended balance of the amount appropriated is available. Held: YES Ratio: The duty to countersign the warrant in this case is simply ministerial and it is not up to the discretion of the Auditor to decide otherwise. Since it was found out that such repairs were needed and that the Tariff law does exempt them from customs duty. WON mandamus is the proper remedy
. Requisite WON warrant has been legally drawn by the officer authorized by law to do so Status YES.
2. 357 as amended by Act No. It was then necessary to find out if the 3 requisites needed to compel COA to countersign warrant for refund were present in the case at bar. the Collector of Customs was authorized by law to issue a warrant to be countersigned by the COA so that the petitioners can be refunded for the amount paid. 1.
16 No public bidding had been held Auditor-General. the City of Manila raised the fees in the municipal slaughterhouse from 2 to 3 and ½ cents per kilo. • • • It was not effected in accordance with the requirements of EO No. Petitioner wanted court to compel auditor general to sign and consequently cash in due amount. Section 2 of Article 10: • Auditor General has the duty to bring to the attention of the proper administrative officers expenditure of funds or property.
Issues 1. • Subsequently. boneless) • For the entire month of January 1937. Subsequently. WON the raise of prices in the City of Manila was illegal and void
. as opposed to Wright case where the countersigning was a ministerial duty) YES.• •
legally executed Is a ministerial function of the Insular Auditor The writ of mandamus is the proper remedy to compel an official to perform and official duty
Matute vs. excessive. (discretionary power. he refused to countersign it. • Petitioner asked Purchasing Agent that the price for the meat he offered to supply for government be raised by 1 and ½ cents also. in his opinion. • • • • • CE Unson. • Auditor General had to find out WON disbursement was illegal. However when the treasury warrant was sent to the Auditor general. or the Secretary of the dept was not consulted
2. 1936: Matute entered into a contract with the Commonwealth of the Philippines • Through its Purchasing Agent • With the consent and approval of it Secretary of Finance • To supply government with fresh meat (hindquarters and brisket. Secretary of Justice. WON Auditor General has the right and power to judge the merits and legality of any contract entered into by the Commonwealth of the Philippines through the Purchasing Agent
Held/Ratio YES. technical adviser to the President and Acting Purchasing Agent Granted request with the approval of Undersecretary of Finance Guillermo Gomez. are irregular. unnecessary. Hernandez
Nature: Original Action in the Supreme Court Jaime Hernandez: Auditor General of the Commonwealth of the Philippines Facts: • December 24. or extravagant. which. petitioner supplied and delivered meat to Bureau of Prisons.
Approval of the President was not obtained
Guevara vs. Gimenez
Pedro Gimenez: Auditor General of the Philippines Ismael Mathay: Auditor of the Central Bank Guillermo Guevara: petitioner Nature: Original Action in the Supreme Court. Petitioner was retained not by the government of the Philippines but by the CB. which has a personality distinct and separate from that of the govt 2. 1283 of the Monetary Board recognized the designation and provided that the Governor arrange with Guevara the amount of fee which the latter will charge the CB for handling the said cases. • Resolution No. which vests on the Solicitor General the power to employ special counsel Held: NO Ratio: 1. the Auditor General has the duty to disburse said amounts. petitioner entered his appearance as counsel for the respondents. GSIS
Facts: In view of the government’s efforts at privatization. Mandamus. which the GSIS refused to accept. Manila Prince then wrote a cheque as bid security. a Filipino firm. He did not appear in the case as representative of the Solicitor General Issue: WON Auditor General may now be compelled to pass in audit and approve the payment of the amounts claimed by the petitioner Held: YES Ratio: The Auditor General has the duty to approve and pass in audit the voucher for said disbursements.
Manila Prince Hotel v. Issues / Held / Ratio:
. Manila Prince offered a bid P2. saying they are now willing to match the Malaysian firm’s bid. Since under the law. the Governor of the CB with its Monetary may employ special legal counsel and approve payments for his services. Pending confirmation of Renong Berhad as the winner. Miguel Cuaderno asked petitioner • To cooperate with the legal counsel of CB • In defending CB and its Monetary Board in Civil Case 41226 • Filed against them by one R.40 lower than Renong Berhad’s (bidding was on a price per share basis). GSIS sold its Manila Hotel shares (51%) at a bidding where only two parties participated: (1) Renong Berhad . Marino Corpus. if issued by the proper officer of said agency of the Government. Facts: • Governor of Central bank. Manila Prince wrote GSIS to enjoin it from awarding the sale to Renong. • Accordingly. Issue: WON CB’s governor’s designation of Guevara was a violation of Section 1664 of the Revised Administrative Code. a Malaysian firm and (2) Manila Prince Hotel Corporation.
therefore they are actions of the State covered by the Constitution. 3. Ratio: The law is clear. Although the GSIS possesses a distinct and separate personality.1. privileges. and rights involving the national patrimony and economy is selfexecuting Yes. lost my digest
Republic v. GSIS activity has requisites (2) and (3). the Consti would always require legislation before any of its provisions could be considered binding. and (3) when government authorized action. of which the Manila Hotel has been a symbol. WON 51% of the controlling shares does not involve patrimony No. its acts are considered “State action” (1) when they involve the performance of a public function. Issue: WON petitioner’s Christmas bonus. WON the Constitutional provision on preferring qualified Filipinos in the granting of concessions. Allowances given to Peralta in this case. Imperial
. Between the GSIS act and the Constitution. (2) when the government is responsible for the action. WON action is addressed against the State. cannot be held subordinate and cannot be paralyzed by a need for legislative acts. 4. The Auditor General said his Christmas bonus. “National patrimony” also includes cultural heritage. Note: Court upheld nationalism and non-material values over foreign investment ** GSIS ordered to cease from selling to Renong Berhad. Otherwise. Tanada v. not the GSIS No. Mathay
Facts: Petitioner is a trustee of the GSIS. the latter is supreme. Cuenco – sorry. cost of living allowance and incentive bonus should be deducted from his retirement gratuity in view of the Constitutional provision that no employee of the government may receive additional or double compensation. The GSIS act only grants per diems to trustees on a daily basis. Whoever controls the shares. 2. Such per diems are then considered as reimbursements or the amount they spend to fulfill their duties. however are not considered reimbursements and may not be granted. The Consti. cost of living allowance and incentive bonus are covered by the Constitutuional prohibiton Held: Yes. WON “national patrimony” involved only public lands and natural resources No. which is supposed to be the supreme law of the land. controls the land and the hotel. ** Order of Auditor General affirmed. to accept matching bid of Manila Prince
In 1949. Also. member. Vera died. 2. Vicente Vera. All initial appointments should start at the same date and. when CA 567 was implemented. The Court ruled that to do otherwise would be to violate the rotational cycle devised by the framers of the Constitution to ensure the continuity of the policies of the Comelec. Francisco Enage. only two of the three Comelec seats at that time were occupied. ** Imperial’s term ends in 1959. He was succeeded by Member Vera as Comelec chairman. The rules laid down are: 1. In 1945. The second vacancy occurred when Enage retired. chairman. Quo warranto dismissed. completing the organization of the Comelec. In 1951. Lopez Vito. who shall serve for nine years until 1954 2. According to the SC. a four-year administration may not appoint more than one member of the Comelec at a time. who shall serve for three years until 1948 In 1947. the first set of Comelec commissioners were appointed. safeguarding against undue influence by the executive on the independent body. Issue: WON Imperial and Perez are legally continuing office as Chairman and Member of Comelec respectively Held: Yes Ratio: The Court counted the respondent’s terms of office from 1941. resignation or death creates a vacancy in the office. By this time.
. These were: 1. But the Court said that Constitutional Commissions like the Comelec are exceptions to the rule.Facts: In 1941. member. the first vacancy occurred when Chairman Vito died. disability or resignation shall be filled only for the unexpired term of the successor. saying that anyone who succeeds as a member has to deal with a shortened tenure. Respondent Perez was appointed to fill in Vera’s position. Lopez Vito was first appointed to the Comelec. which was vacated by his promotion to Chairmanship upon Vito’s death. Ordinarily. Perez in 1956. He was succeeded by respondent Imperial as Comelec Chairman. the following occupied the seats during these times: 1941 Chairman Member Member Vito Term ends 1950 Enage Term ends 1947 vacant Term ends 1944 1945 Vito Term ends 1950 Enage Term ends 1947 Vera Term ends 1953 1947 Vera Term ends 1950 Perez Term ends 1956 Rovira Term ends 1953 1950 Imperial Term ends 1959 Perez Term ends 1956 vacant Term ends 1962
** In 1947. Member Enage retired. who shall serve for six years until 1951 3. with vacancies occurring only once every three years. Vacancies because of death. Lopez Vito died.
The Comelec.Note: Republic v. In such cases. Compare this with an earlier case. De Vera’s son. applies only to judicial bodies under its general power of supervision. would violate the security of tenure and independence of its members. The Rules of Court. Issue: WON constitutional Held: No Ratio: 1. administrative body over which the Supreme Court has jurisdiction only to the extent that it may review the Comelec’s decisions. Under the Constitution. The discretion in filling out a vacancy in its chairmanship shall belong to the commission itself. De Vera’s appointment as Chairman is void ab initio. Following Rules of Court. similar to those rules that guide the Supreme Court in filling out vacancies. ordinances or rulings on certiorari. shall not diminish the commission’s discretion. This does not warrant the interpretation that members may not be reappointed when they have not served the full term. Issues / Held / Ratio: (1) WON the Rules of Court applies to the Comelec No. De Vera. it does not have the power to adopt rules on the disqualification of its members because the Constitution provides that its members may only be removed through impeachment. The phrase “may not be reappointed” is a continuation of the phrase “who shall serve office for a term of nine years”. 2. De Vera
Facts: The petitioners. Otherwise appointments revocable at will. is an independent constitutional body and is not under the control of the President. 1949 elections on two grounds: 1.
(2) WON a person who has not served for the full term of nine years in the Comelec may be reappointed Yes. ** Petition dismissed Note: De Vera inhibited himself from the deliberations. which held that reappointment is valid so long as the person to be reappointed has not yet served the full term of nine years. although it exercises primarily executive functions. once appointed. promulgated by the Supreme Court. Yorac’s appointment is
Besa vs. may not be reappointed to the Commission regardless of tenure. was a Liberal Party senatorial candidate during said elections. sought to disqualify Comelec chairman Vicente de Vera from taking part in the Comelec deliberations concerning the Nov. Nacionalista Party v. PNB
. The Comelec is an independent. without prejudice to members of the Comelec re-electing Yorac or somebody else until a new Chairman is appointed by the President. Yorac
Facts: Petitioner challenged the constitutionality of Yorac’s appointment as Acting Chairman of the Comelec by then President Aquino. 2. the older de Vera should be disqualified. they may be reappointed provided that (1) the appointment does not preclude the appointment of a new member and (2) a term does not exceed nine years in all. Imperial held that any person.
Nacionalista Party v. members of the Nacionalista Party. The lack of laws. he was not entitled to any reappointment. because he had already served as member of Comelec prior to his term as Chairman.
Brillantes v. The older De Vera should be able to inhibit himself solely on the basis of ethics. Assuming the Comelec adopted the ROC suppletorily. Teodoro de Vera. ** Appointment held to be unconstitutional.
Was there a valid reorganization in the Bureau of Customs occurring at that time which would validate Dario’s and several others’ separation from office? NO. Dario invoked security of tenure.
4. Mison separated 394 Customs personnel but replaced them with 522. rules. By virtue of a resolution by PNB president Roberto Benedicto. According to Chief Justice. This was proof that such separations were not made to improve the bureaucracy and make them more efficient.• Nature: Original Petition in the Supreme Court.
2. upon recommendation of the PNB president
• • •
Resolution No. 3. ADOPTING A PROVISIONAL CONSTITUTION. Aquino promulgated Proclamation No. the Civil Service Commission reinstated hundreds of employees who were separated by Mison.
2. a primarily confidential officer cannot be removed. 3
. 1986. NO change in the staffing pattern prescribed by Section 34 of EO 127 was made even after Mison took office. Reorganization Program. Issues: Is it constitutional to separate career civil service employees not for cause but as a result of the reorganization pursuant to Proclamation 3 dated March 25m 1986? Yes.
Petition Dismissed. prohibition. and quo warranto Facts: • • • • Tomas Besa was appointed Chief Legal Counsel with the rank of Vice President of PNB. His term merely expires according to nature of job. PNB justified by saying that: o The position of Chief Legal Counsel carries a special confidential relationship of lawyer and client and thus they have the prerogative to designate or change its lawyer o The transfer was made by the Board in the exercise of its powers.
• 1. Removal without just cause as a defense applies only to officers and employees enjoying a fixed term. The position of Chief Legal Counsel was a highly confidential position and such position’s term depends upon the will of the appointing power. Reyes says tenure of confidential officers ends upon loss of confidence. without change in salary and other privileges Issue: WON Besa’s transfer was illegal Held: NO Ratio: 1. Dario was one of the many whose services were terminated subject to normal clearances and possible receipt of retirement benefits under existing laws.
Dario vs. he became Consultant on Legal Matters.
“DECLARING A NATIONAL POLICY TO IMPLEMENT THE REFORMS MANDATED BY THE PEOPLE. 1053: by BOD: shifted Besa to Office of President as Consultant on Legal Matters. It also applies to separations as results of reorganization after the ratification of the Consti. Conrado Medina took over his position. and regulations. Hereafter. January 6. AND PROVIDING FOR AN ORDERLY TRNASITION TO A GOVERNMENT UNDER NEW CONSTITUTION” EO 127. Certiorari. Court also ruled that the position of Chief Legal Counsel is primarily confidential and secondarily technical. PROTECTING THEIR BASIC RIGHTS. 1988. Mison charged the CSC with grave abuse of discretion. Mison issued a memorandum for employees where the latter shall be: o Informed of their reappointment. Mison
Mison: Commissioner of Customs Dario: Deputy Commissioner of the Bureau of Customs Nature: • March 25. Several acts and rules were issued to comply with the proclamation. a case that could be subject to judicial review without prejudice to the powers of CSC to have the final say to cases involving its employees and officers. was also issued. or o Offered another position in the same department or agency o Informed of their termination As a result. Under Section 16 of Article 18: Transitory Provisions of the Constitution.
3. However. also included in section 16 that all employees of the casinos and related services shall be classified as confidential appointees. classification of confidential employees depends on the nature of their work.
Issue: WON the employees of SSS have the right to strike. However. The Intelligence Division of PAGCOR reported that Salas was engaged in proxy betting. all govt officers and employees from staging
. section 14 thereof also provided that the Civil Service Law and rules governing concerted activities and strikes in the govt service shall be observed. • • • • • Facts: PAGCOR Chairman appointed Salas as Internal Security Staff member and Assigned him to the casino at the Manila Pavilion Hotel. Held: NO
Ratio: EO No. Salas claimed that he was not a confidential employee of PAGCOR and thus should not be dismissed on the ground of loss of confidence. under the Consti and the Admin Code. which created PAGCOR. December 3. He does not enjoy primarily close intimacy that characterizes a confidential employee. 180 implemented the Consti guarantee of the right of govt employees to organize.(Section 2(2) of Article 9-B). CA
Nature: Petition for review of the decision of the COA Facts: June 9.
Labo ‘tong digest na ‘to. 1991: the BOD of PAGCOR terminated his employment allegedly for loss of confidence. Mison did not follow procedures laid down by EO 127 regarding lay-offs. Court will have the final say as to whether position is confidential or not.
SSS vs. 1987: officers and members allegedly staged an illegal strike • and barricaded the entrances to the SSS Building • preventing non-striking employees from reporting for work and • SSS members from transacting business with the SSS. He does not even directly report to the Office of the Chairman but to the Area Supervisor who in turn implements the directives of the Branch Chief Security Officer. Reinstated to positions. ordered strikers to return to work.
Civil Service Commission vs. Dario was a presidential appointee and thus Mison had no authority to terminate Dario. • The Public Sector Labor Management.
Issue: WON Salas was a confidential employee Held: NO 1.
His compensation level belongs to Pay Class 2 relative to the highest. • • Strikers refused. subject to any legislation that may be enacted by Congress. the implementation of the provisions of the old SSS-SSSEA CBD on check-off of union dues.
COA decision affirmed. Could Mison remove Cesar Dario from office? No.• •
It was also a defiance of President’s directive to halt further lay-offs as a consequence of reorganization. Such mentioned legislation was Memorandum Circular 6 by CSC which provided that ‘prior to the enactment by Congress of applicable laws concerning strike by government employees…enjoins under pain of administrative sanctions. Pay Class 12. Court found that Salas did not enjoy ‘close intimacy’ with PAGCOR. REASON FOR STRIKE: SSS failed to act on union’s demands which included among many other things. Ratio: PD No 1869. upon report of the strike. Don’t depend on this. which would otherwise place him under the category of a confidential employee. Salas not reinstated. Salas Nature: Petition for review on certiorari of a decision of the COA.
Certiorari Facts: • Pursuant to RA No. Exercising his power of control by modifying the acts of the respondents who granted incentive benefits to their employees without appropriate clearance from Office of the President.
• • •
Issue: WON ADEPT members were covered by RA 6971 or the Productivity Incentives Act. 981747 ordering a manual count but only in the municipality of Pata and the subsequent MR No. and Regulations. Tolentino reported to COMELEC Main and the latter issued Minute Resolution No.
Loong vs. Ratio: It is the Public Sector Labor Management that has jurisdiction over unresolved labor disputes involving government employees. No need for refund coz there was no bad faith. ADEPT members were granted incentive bonus for 1992 pursuant to RA 6971 or the Productivity Incentives Act of 1990. Alcala
Nature: Special Civil Action in the Supreme Court. 8436 prescribing the adoption of an automated election system. 180) However.
AO 29: Ramos. ADEPT not given incentives. otherwise known as the Administrative Code of 1987 and the Omnibus Rules Implementing Book V of EO 292. Tolentino.
Issue: WON AO 29 and AO 268 are violative of EO 292 and hence null and void. Upon submission of problem to the technical experts of COMELEC. the May 11. May 12. Issue: WON RTC has jurisdiction over the case and to issue a writ of injunction enjoining the continuance of the strike. (thru EO No. 1998 regular elections in the ARMM was decided upon with the aid of counting machines. PTA. President. was informed by some election inspectors and watchers of discrepancies between votes cast and the election returns for the mayoralty candidates in the Municipality of Pata. • Constitutionality and Validity of Administrative Order No. employer of ADEPT members.
. ADEPT questioned this action. Part of control power of President.strikes. Held: YES. not the Commission has the power to fix incentives. it was discovered that the ballots were not properly printed and such was the cause of the wrong readings. • NO. No. Corporate Auditor disallowed the act as it was a violation of Admin Order 29. 29 and 268 Other petitioners granted incentives. Nothing was wrong with the machines. mass leaves. Rule 10 of the Omnibus Rules Implementing EO 292 issued by the Civil Service Commission. Rules. Certiorari and Prohibition • Facts: Petitioners were paid incentive benefits for the year 1992. as they are not covered by RA 5971 COMELEC
Blaquera vs. authorized the grant of productivity incentive benefits for the year 1992 in the maximum amount of 1000 * return/refund of the excess within a period of 6 months to commence 15 days after issuance of order AO 268: enjoins the grant of productivity incentive benefits without prior approval of the president * Productivity incentive benefits in a maximum amount equivalent to 30 percent of his 1 month basic salary but not less than 2000. It is already within the scope of the incentives award system under Section 1. COMELEC 305 SCRA 832
NATURE: Special Civil Action in the SC. pursuant to EO 292. demonstrations. 98-1796 laying down rules for manual count Private resondent Tan was proclaimed governor-elect of Sulu on the basis of the manual count. Jr. walk-outs and other forms of mass action which will result in temporary stoppage or disruption of public service. is a government-owned and controlled corporation with original charter subject to Civil Service Law. it has not been granted by law the authority to issue writs of injunction in labor disputes within its jurisidiction. 1998: Atty.
The order for a manual count was not arbitrary. initiative. However. They were given chance to oppose manual counting. plebiscite. order. WON COMELEC committed GAD amounting to lack of jurisdiction in ordering the manual count. escort and observe manual counting. ballots contained the wrong sequence code e) failures automated of
Section 6 of the Omnibus Election Code provides that a special election can only be held if there is a failure of election such that no election occurs because of force majeure. in the case at bar.
d) in other municipalities. or whimsical. and decision of the COMELEC rendered in the exercise of its adjudicatory or quasi-judicial powers. h) Automated counting could not push through. Factual Bases: a) automated machines failed to read correctly the ballots in Pata (mayoralty candidate Anton Burahan got 0 votes even if Chairman of the Board of Election Inspectors and others said they voted for him) b) another got 100% of the votes c) technical experts confirmed that the problem was caused by the improperly printed ballots 3.
counting post tension f)
Issues 1. Assuming manual count is illegal. WON it is proper to call for a special election for the position of governor of Sulu NO. or ruling of each Commission may be brought to the SC on certiorari by the aggrieved party within 30 days from receipt of copy thereof” The petition for certiorari was the proper remedy for questions regarding FINAL orders. NO.
Under Section 2(1) of Article 9 C: COMELEC is given the power to enforce and administer all laws and regulations relative to the conduct of an election. other machines from other municipalities may be used. any decision. Section 7.
. capricious. rulings. WON a petition for certiorari and prohibition under Rule 65 of ROC is the right remedy to invalidate the disputed COMELEC resolutions
Held/Ratio YES. referendum. Article 9(A) of Consti “unless provided by this Consti or by law. terrorism. and recall.•
Petitioners resolutions. RA 8436 only provided that in case of breakdowns in one machine.
even the military and police authorities unanimously recommended manual counting
g) petitioner Loong was not denied due process. there was nothing wrong with the machines but with the ballots. submit written reports.
WON COMELEC has authority to call for a special election
Section 8 of Election Code of 1978 similarly provides. YE. Plea for special election should be submitted to COMELEC not to the SC. (section 4 of RA No. or other analogous cases. on the basis of a verified petition and after due notice and hearing.
Nature: Petition for review on certiorari of the resolution of the Sandiganbayan Facts: • Defeated mayoral candidate of the Nacionalista party. Special elctions shall be called by the Commission for the purpose of filling a vacancy or a newly created elective position. motu proprio or upon written petition. loss or destruction of election paraphernalia or records. call for the holding or continuation of the elections as soon as practicable” •
Sanchez vs. COMELEC decides en banc by a majority vote of its members. People 120 SCRA 760
Issues Held/Ratio WON COMELEC has YES: Section 175 of 1978
. 7166) Only a special election only for the position of governor would be discriminatory and will violate equal protection of laws of other candidates for other positions. COMELEC 114 SCRA 454
Nature: Petitions for certiorari to review the resolution of the COMELEC Facts: • • • • • January 30. and after due notice and hearing order the suspension of the proclamation of a candidate-elect or annul any proclamation…” part of its main objective to insure free. Section 5 of Batasan Pambansa Bilang 52. Ananias Hibo. Pampanga Armando Biliwang: Kilusang Bagong Lipunan candidate Biliwang was proclaimed winner by Municipal Board of Canvassers February 1. “in case of violence. Sanchez moved for recon. 1980 local elections Virgilio Sanchez: Nacionalista Party candidate for Municipal Mayor of San Fernando. as the case may be. COMELEC reversed decision. • Since the submission of returns were vitiated by postelection terrorism. filed a complaint with the COMELEC charging
De Jesus vs. COMELEC issued resolution which said read: o o Annulment and setting aside the proclamation of winners of the January 30. force majeure and other analogous cases…the COMELEC shall. 1980: Sanchez filed petition to declare null and void the elctions due to alleged large-scale terrorism COMELEC denied petition. orderly. terrorism. and honest elections.fraud.
power to annul an entire municipal election on the ground of postelection terrorism
Election Code “It may. popular will was prejudiced. the President/PM may appoint the municipal officials of San Fernando. 1980 elections To certify to the President/ Prime Minister and the Batasan Pambansa the failure of election in San Fernando so that remedial legislation may be enacted and that pending such enactment.
After approval by Tanodbayan. which shall be heard and decided en banc. prosecute.
COMELEC cancelled contract with ACME as the latter failed to sign contract within designated time
. Acme Steel.” Purpose: to ensure the most careful consideration of such cases *PD No. info was filed before the Sandiganbayan. ordered the board to immediately convene and to proclaim the winner without prejudice to the outcome of the case before the Commission. • COMELEC ordered him to show just cause why he should not be punished for contempt. registered persons in order that they may vote on election day 2. COMELEC 144 SCRA 194
Nature: Petition to review the decision of the COMELEC Issues here were rendered moot and academic. Javier: more popular support • Arturo Pacificador: nominee of KBL May 13. Pacificador was proclaimed winner.
Issue: WON 2nd Division of COMELEC had jurisdiction and authority to proclaim Pacificador the winner in election. With violation of 1978 Election Code. regular courts would have jurisdiction. Petitioner question jurisdiction of Tanodbayan and Sandiganbayan over the case. 1984: eve of elections: Pacificador and his men allegedly ambushed and killed several followers of Javier • • Javier then questioned the canvass of elections but complaints were dismissed. The Commission may avail of the assistance of other prosecuting arms of the government. 1984.
What were the violations? 1. 532 Issue: Who has the power to investigate. and try election offenses committed by a public officer in relation to his office. Fiscals Manuel Genova and Delfin Tarog of the Tanodbayan conducted the investigation and issued a resolution Finding the existence of prima facie case against petitioner for violation of section 89 and subsections of Section 178 of Election Code of 1978. • COMELEC claimed that such article would undermine the exclusive constitutional function of Commission and its Chairman Domingo Imperial and member Sixto Brilliantes in the admin of all laws relative to the conduct of elections. However. Copy of complaint—Ministry of Justice--Provincial Fiscal of Sorsogon for investigation Asst. 1296: pre-proclamation controversy
Guevara vs. on June 7. Section 184 of the Election Cod also gave to the CFI the authority to hear and National Shipyards and Steel Corp. COMELEC 104 Phil 269
Nature: Original Action in the Supreme Court. Section 4 of PD No. second division of COMELEC. Held: NO Ratio: Section 3 of Article 12-C: “All election cases may be heard and decided y division except contest involving members of the Batasang Pambansa. have the power to conduct preliminary investigation of all election offenses punishable under this Code and to prosecute the same. thru its duly authorized legal officer. then COMELEC registrar of Casiguran.
Had the employee not been an officer of the COMELEC. Facts: Candidates in Antique for the Batasan Pambansa in May 1984 elections • Evelio B.• • •
Rogelio de Jesus. tampered reports on number of voters: 10. Pending petition. 727 instead of 10. Asiatic Steel to manufacture and supply COMELEC ballot decide all election offenses without qualification boxes as to the status of the accused.
Javier vs. 1606 gives Sandiganbayan jurisdiction over crimes or offenses committed by public officers…In relation to their office.COMELEC and CFI or the Tanodbayan and Sandiganbayan? Held: COMELEC Section 2 of Article 12© of 1973 Consti: COMELEC has power to enforce and administer all laws relative to the conduct of elections Section 182 of 1978 Election Code: The Commission shall. Prohibition with Preliminary Injunction Facts: • Jose Guevara published in the Sunday Times an article entitled “Ballot Boxes Contract Hit.
• HRET said ballots had the required COMELEC watermarks and were thus valid. for such power is inherently judicial in nature. (Section 24 of RA 7166) Authenticating marks may be any of the following: a) COMELEC watermark
Issue: WON Cory had constitutional authority to prohibit the Marcoses from returning to the Philippines. IX. promote their welfare and advance the national interest. Marcoses wanted to return to the Philippines were barred from doing so. Sec 4 and 5: The President has obligation to protect the people. • Petitioners said the absence of the signature of the chairman of BEI deemed ballots void. it did not exercise any judicial function. Is that a threat to national security? POLITICAL. House Resolution 1342 even recognized power of President to bar the return. However. Such being the case. • Libanan prayed for HRET to issue an order to annul election and proclamation of Ramirez and thereafter so proclaim him as duly elected Rep of Samar.b) Signature or initials or thumbprint of Chairman of BEI c) Presence of red and blue fibers Issue: WON COMELEC had jurisdiction and authority to investigate and punish petitioner for contempt in connection with the alleged publication Held: NO Ratio: • The controversy arose from the ministerial act of the Commission in requisitioning for the necessary ballot boxes in connection with the elctions. Manglapus
Nature: Petition for mandamus and prohibition Facts: During the term of Cory Aquino. among other things. that the May 8. Article 2. it could not exercise power to punish contempt as postulated in the law. 1997: HRET affirmed proclamation of Jose Tan Ramirez as duly elected rep of Eastern Samar over Marcelino Libanan • Libanan filed an election protest before HRET claiming. HRET 283 SCRA 520
Nature: Special Civil Action in the SC. It was a ministerial duty. Certiorari Facts: • May 28. Courts and the Constitution
Marcos vs. 115 elections were marred by massive electoral irregularities perpetrated by Ramirez and his followers. Issue: WON HRET committed GAD in ruling that the absence of the signature of the Chairman of the BEI in the ballots did not render the ballots spurious Held: NO Failure of the BEI to sign the ballot shall constitute an election offense. NO. Issue WON president has power to bar Marcoses’ return Held/ Ratio YES. ballot shall not be considered invalid. Resolution content: let them return (no implication of not allowing president to bar return. YES Sub-issues: Do the Marcoses have right to return to the Philippines? JUSTICIABLE QUESTION. It merely renders BEI Chairman accountable for such failure. This is a petition for the court to order respondents to issue travel documents to Marcoses and to enjoin the implementation of President’s decision to bar their return to Philippines. COURT HAS AUTHORITY. PRESIDENT HAS POWER TO DECIDE. the but the the the the
Libanan vs. Declaration of threat had factual bases: • Marcoses were driven out of the country for
WON president acted arbitrarily in determining the their return poses a threat to national interest and welfare
can be issued to any court appointed. Adamas nominated the petitioners to the Senate and got their consent and advice. by Madison. Whether Madbury has a right to the commission he demands
Issue 1. Healso now had legal rights arising from his appointment. the same were refused of them. Secretary of State
Nature: Facts: • The late president of the USA. Whether the Supreme Court can award the writ of mandamus in any case
Held/Ratio NO. Such commissions were signed by the President and affixed. or persons holding office. • Which apperta ins to their office and duty • And which the court has previou sly determi ned to be conson ant to right and justice • In all cases where a party has a right to have anythin g done • And has no other specific means of compell ing its perfor mance. Petitioners wanted court to order Madison to deliver the commissions. Their return would have posed violence against State. At this stage. James Madison. YES. or inferior court • To fo some particular duty therein specified. • The writ of mandamus in cases warranted by the principles and usages of law. commissions were to be granted for them. The Secretary of State has two capacities: as an agent of the President. his appointment was deemed independent of the executive. YES. Mr. when petitioners asked for their commissions from the Secretary of State. he would not be
. The legal remedy for appeals differs. with the seal of the United States. They were to serve as justices of peace of the Columbia. the court may award a
mandamus: to require any person. • Writ of
3. corporation. under the he authority of the United States. The President signed Madbury’s commission and the Secretary of State had affixed the seal of the US to it. 2. Together with their appointment. WON in the present case. as Secretary of State.•
stealing millions from country’s treasury.
James Madison vs. However. a commission was one such right.
he has duties assigned him by law. It is then accorded the Constitutional protection provided for in Section 10 of Article 12. and Christmas bonus. it has become part of the national patrimony • MHC i part of the Phils’ tourism industry and thus is part of the national economy contemplated in section 10 of Article 12. Mathay
Nature: Appeal from a decision of the Auditor General Facts: Pedro Peralta. Renong Berhad.
Peralta vs.07 covering amounts cost of living allowances. was granted: • optional retirement gratuity of Php 40. Article 12 of the 1987 Consti and claimed that • since the Manila Hotel has been identified with the Filipino nation.
Malabo ‘tong digest na ‘to kaya basahin nyo ulit ang case. 336. When a foreign firm offers the highest bid to grants and privileges covering national economy. Respondents maintain that FPP is not a self-executing policy but requires implementing legislation.mandamus to James Madison.
Issue: WON petitioners have right to 51% of the shares of Manila Hotel over the supposed winner. • Such amounts were not passed in audit
. HELD: YES Ratio: • National patrimony includes not only rich natural resources but also cultural heritage and mental ability or faculty of our people. They also invoked Sec 10. Secretary of State
liable to a mandamus. Renong Berhad. the Filipino will have to be allowed to match the bid of the foreign entity. of the GSIS bid. he is liable to a mandamus. trustee of the GSIS. incentive bonus. Manila Hotel is also part of the national economy. The fixing of a seal to the commissions was one of his ministerial duties together with his job as recorder of the deeds of land. GSIS Nature: Special Civil Action in the Supreme Court. This was done and the petitioners outbid the Malaysian firm the second time around. which owns the Manila Hotel. In the execution of which he is independent of all control. Prohibition and Mandamus Facts: Controversy arose when GSIS in it privatization program decided to sell thru public bidding 30% to 51% of the outstanding shares of the MHC. and of commissions. Petitioners herein invoke the Filipino First policy in their bid to acquire 51% of the shares of the Manila Hotel Corporation. Court ruled that Manila Hotel is part of our national patrimony as it has always been mute witness to the history of this nation (naks!). But that of laws. letters patent. a Malaysian firm won the bid. Such practice gives life and meaning to section 10 of article 12.
• Manila Prince Hotel vs. As a ministerial officer of the US. As such. to all intents and purposes.
To give 5 seats to the Nacionalista party would defeat the spirit of the law. sought to ouster Guingona as minority leader of the Senate and the declaration of Tatad as the rightful minority leader. Additional bonuses by way of an incentive are part of the constitutional ban against officials receiving additional or double compensation.
Santiago vs. who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. Issue: WON Court has jurisdiction over the question of the composition of the Senate House Tribunal Held: YES Ratio: The case is a question of whether or not there was a violation of Section 17. It is a wellsettled doctrine that jurisdiction is determined by the allegations of the complaint or the petition. Certiorari with Preliminary Injunction Facts: In the selection of Members of the Senate Electoral Tribunal. Quo Warranto Facts: Based on the votes of seven lakas-NUCDUMDP senators. the Senate. three of whom shall be justices of the Supreme Court to be designated by the Chief Justice. WON the Court has jurisdiction over the petition Held: Yes the court has jurisdiction. Law simply states that the senate president will be voted by a majority of the members. non-use or forfeiture • of its rights and privileges
Issues: 1. Rules of Court. Primicias had already nominated Laurel. In the case at bar. There was only one member from the minority party. according to them belonged to Senator Tatad. Lopez. senator Guingona was voted and formally recognized as minority leader of the Senate. as the case may be. upon the nomination of Primicias. the remaining six shall be Members of the Senate or the House of Reps. Senator Tañada. the Senate composition at that time made it impossible for such requirement to be met. Article 6 of the Constitution “ Each Electoral Tribunal shall be composed of 9 members. Section 5. Senator Santiago and Senator Tatad alleged that Guingona had been usurping. The spirit behind the requirement of proportional representation in the Electoral Tribunal was to ensure impartiality in the decisions of elections.•
Auditor General Mathay holds that such amounts should be deducted from Peralta’s gratuity
Issue: WON Peralta was entitled those mentioned separate amounts which were non-deductible from the amount he already received from GSIS as trustee Held: NO Ratio: Under the GSIS act Peralta was only entitle 25 pesos for each day of actual attendance in session.” Issue: WON the selection and election of Delgado and Cuenco was a violation of the Constitution Held: YES
Quo Warranto: • an action for the usurpation of office or franchise or against a corporation • for violation of its charter or for misuse. unlawfully holding and exercising the position of Senate minority leader. WON there was an actual violation of the Consti Held: The court ruled that no violation of the Constitution occurred. and qualifications of the members of either house. and himself for the Electoral Tribunal position. that is more than
Ratio: Although the Consti provision required 9 members for the Electoral Tribunal. results. Guingona
Nature: Special Civil Action in the Supreme Court. Cuenco Nature: Original Action in the Supreme Court. Santiago clearly claimed that there was a violation of Sec 16(1) Article 6 of the Constitution in the process of selecting a minority leader 2. elected Delgado and Cuenco from the Nacionalista Party exceeding the maximum 3 seats given to the party with the largest number of votes in the Senate. a position that.
Tañada vs. This petition for quo warranto under Rule 66.
and (d) being discriminatory. 3. WON Guingona was guilty of usurping.
Petitioner now files this case with the following contentions: • that R.one-half. Petition dismissed as no violation of constitution manifested by alleged usurpation was established. the court ruled that it no longer had jurisdiction on the matter as it was an issue of discipline to be resolved by the senate as an independent body. RA no. The consideration of who comprises the minority is for the legislature to decide upon. WON Fernan erred in recognizing Tatad as minority leader
3 and 4: held: as for issues 3 and 4. degrading or inhuman punishment. 1996: Leo Echagaray was convicted For raping his 10 year old daughter of his common law wife And was given the death penalty.A.
Echegaray vs. Secretary of Justice
Nature: Facts: On • • • June 25. unlawfully holding and exercising the position of minority leader 4. (c) being an undue delegation of legislative power. 8177 and its implementing rules do not pass constitutional muster for: (a) violation of the constitutional proscription against cruel. 8177: lethal injection as the method for the imposition of death penalty Issues Held/Ratio
. (b) violation of our international treaty obligations. No. Nowhere in the law does it say that those who didn’t vote for the person who won the position of senate president immediately form part of the minority.
• Section 19: Execution Procedure delegates the making of the Lethal Injection Manual solely to the Director of the Bureau of Corrections but does not include the Secretary of Justice’s authority or mode of approval or review for such manual.A. 8177 is undue delegation of legislative power to the Secretary of Justice and the Director of Bureau of Corrections
NO. Aiming at the Abolition of the Death Penalty. * Section 17 provides suspension of death penalty for 3 years for pregnant women. Where there is conflict between an implementing law and a congressional statute. the statute must remain. all involved personal shall be trained in the task so as to avoid inflicting unnecessary pain. the Bureau of Corrections which drafted the details for the lethal injection execution is a constituent unit of the Department of Justice tasked to take charge of the administration of the correctional system. •
4. (Suspension of the Execution of the Death Sentence)
. The pain experienced in lethal injection is only incidental to the execution not its main feature. WON RA no.
• 2.WON lethal injection violates Section 19.
NO. International Convention on Civil and Political Rights recognizes that capital punishment is an allowable limitation on the right to life but should be limited to most serious crimes (Article 6. Of RA 8177 requires that prior to the execution. section 1 of the third par. • Second paragraph of section 19 requires the confidentiality of the contents of the manual even with respect to convict and to the public at large. WON Section 17 of the Rules and Regulations to Implement R. • Although the Director of Prisons is not a trained phlebotomist. Article 3 of the Constitution Par. 8177 is invalid for being discriminatory and contrary to law. No. YES. • The Secretary of Justice is thus tasked to supervise the Director of the Bureau of Corrections in promulgating the Lethal Injection Manual in consultation with the DOH YES. • No legal impediment exists for the convict to have access to the contents of the manual. Under the Administrative Code of 1987.
5. section 2) The Philippines did not sign nor ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights. or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. This is a violation of Article 83 of the RPC which only suspends execution to a year. 8177 is invalid. WON reimposition of the death penalty violates international treaty obligations NO •
3. 2 Section 19 of Article 3: “The employment of physical.”
1. The Consti protects convicts only from punishment which are inherently cruel and degrading. psychological. WON section 19 of the rules and regulations to implement RA No. It is a form of delegation of legislative authority to administrative bodies. • 2nd paragraph violates Section 7 of Article 3 of Consti: the right of people to information on matters of public concern.
revised and/or corrected in accordance with this Decision. 2. Under the enroleed bill doctrine. (it was necessary to find out if Congress acted in GAOD to determine Court’s jurisdiction on the case) Held: NO Ratio: 1. Congress elected Fernando Lopez Vice President of the Philippines For getting more votes than respondent Gerardo Roxas. Roxas
Nature: Prohibition with preliminary injunction Facts: • • • On the November 9.
Lopez vs. • The manner by which House No. Certiorari and prohibition Certiorari: to annul or modify the proceedings of any tribunal. RA 8240: amends certain provisions of the National Internal revenue Code by imposing so-called sin taxes (actually specific taxes) on the manufacture and sale of beer and cigarettes. CASE OF PARTIAL UNCONSTITUTIONALITY
Arroyo vs. The alleged violations were merely that of internal rules of procedure of the House rather than constitutional requirements for the enactment of the law.
What happened? Representative Arroyo approved the conference committee report with Arroyo’s pending question of the presence of a quorom. 7198 was approved was not a unique one • Local Government Code of 1991 was approved in the same manner • The Consti does not require that yeas and nays be taken every time the House has to vote except: a) upon the last and 3rd reading of bill b) at the request of 1/5 of the members c) in repassing a bill over the veto of the President 3. Rep. that Chair must restate the motion and conduct nominal voting. Issue: WON Congress committed a grave abuse of discretion in enacting RA No. the signing of H. The Courts cannot declare an act of legislature void on account of noncompliance of rules of procedure. Facts: • • • Petitioners wanted RA 8240 to be declared null and void because it was passed in violation of the rules of the house that these rules embody the Consti mandate (Section 16 par 3 of Article 6) ‘that each House may determine the rules of its proceedings and that a violation of the rules is a violation of the Consti itself. Besides: • no rule of the House of Representatives was cited which specifically requires that in cases involving approval of a conference committee report. Arroyo waived his objection when session reconvened. 1965 general elections. 4. board.
. No 7198 are conclusive of its due enactment. 8177 are appropriately amended. 8177 until the aforesaid Sections 17 and 19 of the Rules and Regulations to Implement Republic Act No. or officer exercising judicial function without or excess of its jurisdiction or with GAOD as the law requires.Respondents are hereby enjoined from enforcing and implementing Republic Act No. De Venecia
Nature: Special Civil Action in the Supreme Court. 8240.
or reflect the true results of the elections in the areas covered by each. or are removed through impeachment. pass upon the validity of each ballot or determine whether the same shall be counted. WON RA No. is a question of the validity of such person’s authority to be president or vice president. to recount the ballots cast. 396 (an obsolete law!)
. the Presidential Electoral Tribunal has the judicial power to determine whether or not said duly certified election returns have been irregularly made or tampered with. which Congress has no power to do. 2. commissioned to a specific district Act NO. 1793. if not.
* Appointment to another district does not automatically create a vacancy in the former district because • only until the judge appointed to another district gives his consent can there be a vacancy Additional Facts: During this period. The protest.
Borromeo vs. to serve until they reach the age of 65 years 3. Roxas filed a petition at the Presidential Electoral Tribunal contesting the victory of Lopez. HELD: NO RATIO: a) the power to judge to judge matters concerning the election. is "unconstitutional".
Until they retire. If it is discovered that such candidate won because of tampered ballots and the like. Mariano
Nature: Original Action in the Supreme Court Facts: July 1. incidentally thereto. returns and qualifications…is essentially judicial b) Upon the other hand. They can only serve as temporary judges in other districts to try land registration cases or when assigned to vacation duty. in the affirmative. • Fermin Mariano took his place even if he consistently refused to accept the appointment to the 21st Judicial District. appointed by the Governor General 2.• • •
January 5. Issue: WON a Judge of First Instance may be made a judge of another district without his consent Held: NO Ratio: Section 155 of the Administrative Code provides: • Judges of First Instance are appointed judges of the first instance to specific judicial districts. resign. and that. and. in whose favor. creating said Tribunal. WON it is illegal to allow members of the Supreme Court to sit in the Presidential Electoral Tribunal as this would be a violation of the separation of powers. in the first place. and. 1914: Andres Borromeo was took office as Judge of the 24th Judicial District • Feburay 25. "all proceedings taken by it are a nullity. Petitioner contended that Presidential Electoral Tribunal should not be allowed to hear the case because Republic Act No. then his victory would be invalid. and. 1920: He was appointed Judge of the 21st Judicial District."
Issues: 1. 1793 is inconsistent with the Constitution because the latter does not provide for election protests involving the office of the President and the vice president as this would prejudice the tenure of the president and the vice president HELD: NO RATIO: A protest regarding the validity of the victory of a presidential or vice presidential candidate does not in any way prejudice his tenure. judges of first instance are: 1. 1966.
# Administrative Code allows the supervision of the Bureau of Supplies on matters regarding supplies but only for departments. 53) which he authored. Radiowealth Inc. Agregado
Nature: petition to review by certiorari a decision of the Auditor General Facts: • January 7. Facts: • • SC held Angel Pazaro in contempt of court for refusing to divulge the source of a news published in his paper. • Had he only criticized or commented on the correctness or wrongness of the decision in good faith. were of urgent character and necessary to public Service. Presidential appointee to the position of Chairman of the Property requisition Committee disapproved the purchase and installation of such apparatus. he also:
. The Auditor General also disapproved the issuance of the amount for payment as this was a violation of section 2044 of the Revised Administrative Code because such purchase was not due to an emergency pertaining to life and property.• •
Allowed the transfer of judges to different districts by order of the Civil Governor with the consent of the Commission Repealed by Act No 2347: Judiciary Reorganization Act and Admin Acts of 1916 and 1917
Legislative and executive branches are barred from interfering with the powers of the courts to adjudicate cases and to administer justice And from interfering in the said branch’s acquisition of books. Sotto issued written statement declaring the SC’s mistake in deciding the mentioned case as a result of misinterpretation of the Press Freedom Law (Republic Act No. HELD: NO. RATIO: • Sotto’s statement threatened the stability of the judicial system and created the possibility of the furthering people’s mistrust in the SC’s capability to administer justice. Contempt. 1949: C.
Issue: WON the Property requisition Committee and the Auditor General had the authority to disapprove such purchase and refuse to release funds for such purchase respectively. he further suggested a complete reorganization of the Supreme Court.L. the Clerk of the Supreme Court certified the purchase of Webster teletalk and Webster Telephone Speakers for the Supreme Court. In the same statement. and bureaus. As a result. and other material necessary to the convenient transaction of the judicial body’s business. • However. 1949. Sotto refused. he would not have been held in contempt of court. The Supreme Court does not fall under any of those classifications. RATIO: • Allowing the Property Requisition Committee (which was a creation of the Executive) and the Auditor General to prevent the purchase of such materials would be a violation to the doctrine of separation of powers.
In re Sotto:
Nature: Original Action in the Supreme Court.
ISSUE: WON SC’s decision to hold Sotto in contempt of Court was a violation of his freedom of speech guaranteed by the Constitution HELD: NO. January 10. offices. SC required Sotto to appear in court to answer to questions regarding the statement as he would be punished for contempt of court. office equipment. Dacanay. Atty. vs. took the matter up to the Auditor General.
HELD: NO RATIO: • Republic Act No. Phil Consti conferred original jurisdiction in all cases affecting ambassadors. and to declare inoperative his suspension by the Executive Secretary pending investigation Facts: • • • Secretary of Justice Teehanke required in Noblejas as Commissioner of Land Registration to explain why the no disciplinary action should b taken against Noblejas for approving or recommending approval of subdivision. He is subject to the laws and regulations of the country to which he is accredited.
. Its so-called judicial functions in settling conflicts or doubts from the Register of Deeds is only incidental to its administrative function
DISMISSED. Claimed diplomatic immunity based on:
Issue: WON an honorary consul has diplomatic immunity from SC jurisdiction to try his case. seven in number c) City Fiscal of Quezon City d) Securities and Exchange Commissioner
3. • Similar grants are also given to: a) Judicial Superintendent of the Department of Justice b) Assistant Solicitors General. CFI Manila has authority to try case.
Schneckenburger vs. section 2 of the 1935 Consti provided that the laws of the Phil Islands in force at the time of the adoption of the Consti were to continue in force until the inauguration of the Commonwealth
Issue: WON the Commissioner of Land Registration may only be investigated by the Supreme Court. in view of the conferment upon him by the Statutes heretofore mentioned (Rep. Act 1151 and Appropriation Laws) of the rank and privileges of a Judge of the Court of First Instance. Such grant only applies to judicial bodies. such grant does not include exemption from investigation except with confernment of SC. consolidation and consolidation-subdivision plans covering areas greatly in excess of the areas covered by the original titles March 17. Article 15. HELD: NO Ratio: 1. Tehankee
Nature: Petition for a writ of prohibition with preliminary injunction to restrain the Secretary of Justice from investigating the official actuations of the Commissioner of Land Registration. A consul is not entitled to privileges and immunities of an ambassador or minister. Moran
Nature: Original Action in the SC. 1151 which created the position of Commissioner of Land Registration entitled him to entitled to the same compensation. suspended Noblejas due to gross negligence and conduct prejudicial to public interest. Prohibition: Facts: • • • Petitioner was an honorary consul of Uruguay at Manila. 1968. Was charged with the crime of falsification of private documents. emoluments and privileges as those of a Judge of the Court of First Instance. with the authority of the President. Commissioner of Land Registration is not a District Judge nor any member of the judiciary.a) intimidated members of the court with the presentation of a bill to reorganize the Supreme Court b) called for the changing of the members of the SC which he labeled as incompetent and narrow minded c) embarrassed or obstructed the administration of justices
Noblejas vs. Original jurisdiction is not equal to exclusive jurisdiction. and consuls to the SC. Teehankee. other public ministers.
even only as a designee
3. WON a person may act as a Justice of the Supreme Court who has not been duly appointed by the President and confirmed by the COA. A thereof
. Certiorari. Issue 1. • Judges of mentioned courts only have the ff. 682) was questioned in this case. is not mandated in the Consti • ALL members of the Supreme Court cannot be deprived of the authority over criminal cases where the penalty may be death or life imprisonment (treason has such penalty) • Deprivation of a judge’s authority is deprivation of judicial power. or Cadastral Judge is valid and that the mentioned judges can ‘sit temporarily’ as justice of the Supreme Court to complete the quorum in cases where a justice may not sit and vote when the accused is a person who held office or position under either or both the Phil ExeCom or the Phil Rep or any B.
2.I. • No temporary composition of the Supreme Court is allowed in the Constitution • Section 14 of said act does not satisfy the constitutional requirement of appointment such that members of the SC must be appointed by the President with the consent of the COA. Justices of the SC are required to be at least 40 years old and • Have served for 10 years or more as judge of a court or record or engaged in the practice of law in the Philippines NO. • Disqualification by virtue of membership in either or both the Philippine ExeCom and the Phil republic or any branch. article 8 a) should have practiced law for a period of not less that five years or have held during a like period within the Philippines an officer requiring a lawyer’s diploma • However. Judgeat-large of FI. Rilloraza
Nature: Original Action in the SC. instrumentality and/or agency thereof. WON Congress had power to add to the preexisting grounds of disqualification of a Justice of the Supreme Court Held/Ratio NO. requirement: section 6. NO. WON section 14’s approval of a judge of FI.Vargas vs. 1935 Consti!! Facts: The constitutionality of Section 14 of the People’s Court Act (CA Act No.
transfer was no longer to be heard of. 1970: a group of armed persons descended on barrio Ora Cento. • they also went to Ora Este and burned houses also killing a woman named Vicenta Balboa June 10. Ilocos Sur and set fire to various houses. • Under Section 4 of Rep. not ordered judges to transfer cases. Secretary of Justice authorized. 5179 creating that Circuit Criminal Court did not and does not authorize the Secretary of Justice to transfer thereto specified and individual cases. Ilocos Sur. 258 and 274 of DOJ
June 18. Petitioners filed this case to set aside decision of respondent judge and to try the cases at either San Fernando or Baguio City. At 5179 o As implement by Ad. Act No. 5179 request for change of venue from SC should have been done at the very inception of the cases. 221 o Authorized Judge Lino Añover o Of the Circuit Criminal Court of the 2nd Judicial District o Of San Fernando.People vs. 1970 June 15. 226 o Authorize Judge Mario Gutierrez o To transfer the cases to o The Circuit Criminal Court o In the interest of justice and o Pursuant to Rep. Order Nos. Gutierrez
Nature: Petition for certiorari and mandamus with preliminary injunction to annul and set aside an order of the CFI. Issue: WON the Secretary of Justice has the power to determine what court should hear specific cases Held: NO Ratio: • • violated doctrine for the separation of powers Republic Act. No. 1970: •
June 22. Facts: May 22. 1970: prosecution sought to move trial of case to Circuit Criminal Court to ensure security of witnesses and personal safety. 1970: • Secretary of Justice issued Administrative Order No. 1970 Secretary of Justice issued Administrative Order No. La Union o To hold special term in o Ilocos Sur o From and after July 1. Bantay. • respondent judge refused to transfer the case and reasoned out that since the accused had already pleaded. 1970: Provincial Fiscals and prosecutors from the DOJ filed: • Criminal Case 47-V for arson with homicide • Criminal Case 48-V for arson • Charged 17 of the respondents with 82 others who conspired in the act • Trial was set for July 27-29. (Although in this case. La siyang violation actually)
and supplement the rules on admission to Bar. 4. alter. Inadequate preparation is not a valid excuse for flunking the bar and is an arbitrary classification of people taking the bar.
Writs of certiorari and mandamus prayed for are GRANTED. Inadequately prepared students should not be lawyers in the first place. (Senator Pablo Angeles David authored the bill) As a result.
In re IBP Facts: On September 17. (source of law: House Bill No. 3277) Integration mean the official unification of the entire lawyer population of the Philippines. It is the job of the Supreme Court to render ultimate decision as to who is fit to practice law. 972 was unconstitutional Held: YES. • requires membership • and financial support • aimed to make the law profession more efficient and effective. Ratio: 1. 972 popularly known as the ‘Bar Flunkers’ Act of 1953’ was enacted on June 21. Purpose of the law: to overcome insufficiency of reading materials and the inadequacy of the preparation of these students when they took the bar (after the war daw kasi) Issue: WON Republic Act No. 1953 without executive approval. 3. said section has 5 exceptions: a) piracy b) extra-territorial offenses contemplated in Article 2 c) continuing offenses d) criminal and civil actions arising from written defamation e) where the application of general rule would prevent a fair and impartial inquiry into the actual facts of the case
In re Cunanan
Nature: Original Action in the Supreme Court Facts: Republic Act No. 1946 shall be deemed to have passed in such subject or subjects and such grade or grades shall be included in computing the passing general average that said candidate may obtain in any subsequent examinations that he may take. Added info: Section 14(a) of Rule 110 of Revised Rules of Court: criminal cases should be tried in the places where they were committed However. 094 unsuccessful bar candidates were to be benefited by the act. Legislature exceed in its power to repeal.
. Marcos enacted Republic Act 6397 providing for the Integration of the Philippine Bar and Appropriating Funds therefor. I the case at bar. 2.
Republic Act No. Article 2 of Republic Act No. 1971.•
The change of venue in trying cases is in the interest of truth of justice. witnesses said they were willing to testify as long as the proceedings would not be in Ilocos. 1. 972 is not embraced in the title of the law. 972: An Act to Fix the Passing Marks for Bar Examinations from Nineteen Hundred and Forty-Six Up to and Including Nineteen Hundred and Fifty-Five Section 1: passing rate became 70 percent Section 2” any bar candidate who obtained a grade of 75 per cent in any subject in any bar examination after July 4th. It was a manifest encroachment on the constitutional responsibility of the Supreme Court.
889. Petitioners sought for writs of habeas corpus after being arrested without a warrant therefore and detained. Eight persons were killed and many were injured. The State may only ‘discipline’ the bar if it poses a fee that results to an unconstitutional burden.Issues 1. 889 violated par. the SC has the power ‘ to promulgate rules concerning pleading. YES. it was reasoned out that such amount would only be incidental to its purpose. On the question of compelled payment of fee.45 per cent of lawyers also approved integration
2. WON Proclamation No. 1971 at Plaza Miranda where the Liberal Party of the Philippines was holding a public meeting for the presentation of its candidates for the November 8. The Plaza Miranda incident was only one
Nature: Facts: Two hand grenade explosions occurred on August 21. 889-A. However.tingnan niyo na lang org Majority of local associations of lawyers have already approved of the bar. The ACT neither confers a new power or restricts Court’s inherent power but is a mere legislative declaration that integration will promote public interest. Section 3. 4 section 1 of article 3 and par 2. practice. Integration does not make a lawyer a member of any group of which he is already a member. 1971 elections. 96. Marcos issued Proclamation No. WON integration is constitutional a) compelling membership: constitutional? b) Membership fee: constitutional?
Lansang vs. Marcos declared that the ‘enemy groups’ had already entered into the conspiracy and have in fact joined together to engage in armed insurrection and rebellion. WON Court should ordain the integration of the Bar at this time.. suspending the privilege of the writ of habeas corpus. Issue 1. On the question of compelled membership. Petitioners initially contended that the proclamation was made based solely on the idea that there was a conspiracy and intent to rise in arms among several groups in the country. They questioned the validity of Proclamation No. As a result. and procedure in all courts and the admission to the practice of law. section 10 of article 7 of Consti Held/Ratio No. WON Court has power to integrate the Philippine Bar
Held/Ratio YES. Integration in other countries has resulted to: • improved discipline among members • more meaningful participation of lawyers hay marami pala. YES. Under Article 8. court held that with the modifications thru Proclamation No. 889.
and others. there was no vacancy.
Agabin question: Ahh. 1949: both nominations were confirmed by COA. insurrection or rebellion. insurrection. 1949: President nominated Lacson to post of provincial fiscal of Tarlac upon recommendation of Secretary of Justice Romero was nominated for Negros Oriental.
WON public safety required the suspension of the privilege
3. These groups believe that force and violence are indispensable to the attainment of their goal. Romero
Nature: Original Action in the Supreme Court Facts: July 25. 2. or rebellion or imminent danger therof YES. what are the steps for the aah… appointment of fiscal? 1. President had in his possession records of killings of several government officials by the CPP. Since Lacson declined to accept the nomination. 1946: Comm on Appointments confirmed appointment August 10. WON petitioners are covered by said proclamation as amended
IN case of invasion.among the many violent incidences that brought forth such proclamation. WON COA’s appointment of Lacson to Tarlac created a vacancy in the Negros fiscal office Held/Ratio NO. acceptance thereof by the appointee manifested thru his assumption of office Issues 1. the Auditor and Alfabeto. COA must confirm 3. They have been charged for a violation of the Anti-Subversion Act and were then covered by the proclamation. However after said event: • • Romero appeared in Negros Courts as prov fiscal Paguia. YES. YES. 1946: took oath May 17. nomination by President 2. the President can: 1) call out the armed forces 2) suspend the privilege of the writ of habeas corpus 3) put Philippines or any part therof under martial law
Lacson vs. bombings of the COMELEC building. 1946: Antonio Lacson was appointed by President as provincial fiscal of Negros Oriental August 6. Lacson neither accepted nomination nor assumed Tarlac office. May 19. The existence of the CPP and the NPA were clear proof of the state of rebellion and insurrection of the country. the Treasurer refused to give Lacson salary because they already believed Romero to be the provincial fiscal. to make nomination valid and permanent. WON there was invasion.
35 yrs old on day of election. no reason was presented as to why Lacson was to be removed. Prohibition and Preliminary Injunction
. Salcedo asked to vacate. WON President can remove at any time. Section 35 of Civil Service Act: Lifting the preventive Suspension Pending Administrative Investigation. It is an administrative disciplinary action. did not run for office in elections immdtly preceding appointment Question to Sir: Had the transfer really constituted a promotion. was then appointed as Acting Chairman.
Final Decision: Lacson is provincial fiscal of Negros Oriental Anu-ano ba causes for a civil service officer’s removal from office? 1. Executive Secretary
Nature: Original Petition in the Supreme Court.
Mondano. Petitioner wanted: a) to be reinstated to his position after April 19. 3. 2. The reason for such act was the need to investigate on his acts of dishonesty and other violations of the RPC (administrative cases). Jose VS. the respondent shall be reinstated in the service. Dr.When the admin case against the
officer of employee under preventive suspension is not finally decided by the Commissioner of Civil Service within a period of 60 days after the date of suspension. the last day of his 60 day suspension despite the fact that investigation was still no over b) the court to declare Salcedo guilty of unlawfully holding the position of Chairman Issue: WON Section 35 of Civil Service Act applied to Garcia. presidential appointee for the position of Chairman of the National Science Development Board was subjected to a preventive suspension of 60 days by the Executive Secretary. It is not necessary that the Commissioner of Civil Service would eventually decide the case. Article 12 section 4 provides that ‘no officer or employee in the civil service shall be removed or suspended for causes provided by law. 2 commissioners. Quo Warranto and prohibition with preliminary injunction. He did not even accept nomination. Facts: On February 18. Effect: Garcia reinstated. Held/Ratio: YES The provision only provides for officers and employees. However. 1962. 1962. Paulino Garcia. gambling. a presidential appointee. immoral conduct
What is the Civil Service Commission? • a vigorous and non-partisan instrument for development of an honest and efficient civil service • Chairman. It is assumed that the cases of all civil service officers would pass through the Commissioner of Civil Service for scrutiny and investigation. IF the respondent officer or employee is exonerated. WON nomination and confirmation of Lacson to Tarlac served as removal of Lacson from office 3. he shall be restored to his position with full pay for the period of suspension. Section 686 of RAC: falsification of DTR Section 687: political activity and contribution to political fund drunkenness.2.’ Section 671 of RAC as amended by Commonwealth Act No. Silvosa. al. NO.
(gov of Surigao) Nature: Original Action in the Supreme Court. natural born citizens. a fiscal he himself appointed to office
YES. The suspension is not meant to be a penalty for the crime. can it be said that it was valid?
Garcia vs. Juan Salcedo Jr. 177 section 8 classifies provincial fiscals as person embraced in unclassified civil service. et. No specific mention of WON that official is a presidential appointee.
series of 1951). Chief of Staff
Nature: Original Action in the SC. Special Prosecutor Emilio L. Section 69 of Act NO. However. Garcia. blackmarketing of US dollars hoarding or
Ruffy vs. Deportation Board
Nature: Appeal from the decision of CFI. 2. by order of President. Issues:
. 1952. the Assistant Executive Secretary requested for immediate investigation of Jose Mondano’s acts of rape and concubinage.Facts: At the endorsement to the provincial governor of Surigao. Prohibition Facts: Ramon Ruffy. No 398. series of 1951:
Qua Chee Gan vs. They also sought for the records of their cases’ proceedings to be reviewed by the Supreme Court. certiorari. Jose L. corruption. and conviction by final judgment of any crime of moral turpitude. Col Jurado. after due investigation. investigations were still ongoing and no order for deportation was yet made. declared illegal No 398. Issues: 1. WON President has authority to deport aliens Held: Yes. Decision: Investigation unauthorized. 1936) created the Deportation Board to conduct investigations. necessary for
However. petitioner was temporarily set free. Bolo Battalion. Issue: WON said investigation was valid Held/Ratio: No Section 2188 of RAC: provincial governor is authorized to receive and investigate complaints made under oath against municipal officers for neglect of duty. the other four remained officers of the Bolo Area of the 6th Military Division. The crimes: • purchasing $130. Decision: E.
* In effect. Manila Facts: CFI denied petition for writs of habeas corpus and/or prohibition. Upon fixing of bonds.000 with license from Central Bank and remitted it to Hong Kong • attempted bribery of Phil and US officials (Chief of the Intelligence Division of the CB and member of US Air Force) In effect Deportation Board issued a warrant of arrest for petitioner (E. 613 Crime was an act profiteering. and Adres Fortus allegedly killed Lt. was illegal and
ground upon contemplated. Dominador Adeva. by Commissioner of Immigration. pursuant to Section 69 of the RAC 2. or other form of maladministration of office. upon recommendation by the Board of Commissioners under Section 37 of Commonwealth Act No.O. and mandamus for his case. Arrest would have been deportation to take effect. Ruffy was already relieved of his assignment as Commanding Officer.O. Galang charged petitioner before the Deportation Board. Prexy (Quezon. conducted by said executive or his authorized agent. Petitioners questioned the jurisdiction of the General Court Martial of the Philippine Army over the case. 8 suspended Mondano and investigation commenced. of the
Deportation may be effected in 2 ways: 1. 2711 of RAC: No alien can be deported by prexy EXCEPT upon prior investigation. in the case at bar. WON Deportation Board also has authority to file warrants of arrest
Yes but only after investigation has resulted to the actual order of deportation. Surigao Admin Order NO. On May 12. At the time of the time. Mondano was mayor of Mainit. oppression. May 29. The provincial fiscal himself could not file a complaint of rape without sworn statement of offended party. Prudente Francisco.
Adeva. The Japanese occupation did not invalidate the existence of the Philippine Army and the status of officers drafted to carry out military activities. • permitting them to commit brutal crimes against civilians and prisoners of the Imperial Japanese Forces • in violation of the law and customs of war • • Issues: 1.”
Kuroda vs. • • • Issues WON E.O. and adopts the generally accepted principles of international law as part of the law of the nation.O. Prohibition Facts: Shigenori Kuroda. These officers did not cease in their active duty during the occupation.1. 1947 Held/Ratio YES. No 68 was constitutional established a National War Crimes Office prescribed rules and regulations governing the trial of accused war criminals issued by President on July 29. independent of legislation. 2. formerly Liuetentant General of the Japanese Imperial Army and Commanding General of the Japanse Imperial Forces in the Philippines during the period covering 1943 and 1944. WON petitioners were under jurisdiction of General Court Martial of the Philippine Army Held: YES Garcia. • who is now charged before a Military Commission • convened by the Chief of Staff of the AFP with • having unlawfully disregarded and failed • to discharge his duties as such commander • to control the operations of members of his command. Francisco. Part of President’s power as Commander-in-Chief to consummate Petitioner questions: the constitutionality of E. WON Supreme Court had power of judicial review over the case held: NO “Court Martials are agencies of executive character and one of the authorities for the ordering of courts martial has been held to be attached to the constitutional functions of the President as Commander-in-chief. Jalandoni
Nature: Original Action in the SC. and Fortus were still officers of the Bolo Area deriving authority from the General Headquarters of the 6th Military Division when they killed Jurado. No 68 the participation of Melville Hussey and Robert Port in the proceedings of the case
. • Section 3 of Article 2 provides: The Philippines renounces war as an instrument of national policy.
graft and corruption
November 24. Inc. Francisco. al. Hussey and Port can participate in the case even if they were not qualified to practice law in the Philippines under Rules of Court
Bribery. forfeiture. and RA 7080 December 4. was pursuant to the general application of national policy against war. Although Philippines was not a signatory of the Hague Convention. graft and corruption
Ernesto B. a signatory country. et. 2000
Leonard de Vera. Military Commission is a special military tribunal governed by special law not Rules of Court.O. bribery. 2001) Court G. the crime was committed when we were under the US. 2000 November 17. PD 46. No. indirect bribery. Desierto
Facts: Cases at bar: 1. 2000 Plunder. et. violation of PD 1602.R. etc. serious misconduct Malversation of public funds. illegal use of public funds and property. the trial and punishment of war criminals. forfeiture. • •
Estrada vs. namely. 2000
Plunder. Petition for prohibition with a prayer for a write of preliminary injunction for Case Nos. until his term as President is over : (February 5. perjury. graft and corruption. Jr. PD 1829.
. it would still have been valid becoz said E. 2000 Bribery and graft and corruption Plunder.
November 28. 146710-15 OMB 0-00-1629: Ramon A.
2. Lawyers appearing in Military Commission need not be lawyers qualified to practice law in the Philippines. plunder. Romeo Capulong. WON 2 American attorneys. plunder. al. October 23. Gonzales Volunteers Against Crime and Corruption Graft Free Philippines Foundation.•
unfinished aspect of war. Had we not been under US.
Estrada resigned. WON Estrada resigned as President (section 8.
Totality test: Was there intent to resign? Was the intent coupled with acts of relinquishment? Based on Angara diary. Here. WON the petitions present a justiciable controversy Held/Ratio YES. The issues call for a ruling on the scope of presidential immunity from suit.
. Court no longer has power of judicial review on legislative branch’s act of recognizing legitimacy of Arroyo government. 2001) Court GR No.2. The issues for resolution require proper interpretation of certain provisions in the Consti. Negotiations soon followed. Estrada himself requested that they help each other to ensure a peaceful and orderly transfer of power. 5 day transition period after resignation b. 146738 Issue 1. If not. Article 7) YES. If 1 is yes.
• • • 2. intent to resign was implied. 3. Such action poses legal questions as to the constitutional validity of her presidency. Article 8 Consti: but also to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of government • EDSA 2 is intra constitutional. (February 6. Congress had already declared support for Gloria as President. They also involve interpretation of petitioner’s right against prejudicial publicity. guarantee of safety of petitioner and family c. Quo Warranto: confirm him as lawful and incumbent President of the Philippines temporarily unable to discharge his duties. Arroyo swore under 1987 Consti. WON Estrada is only temporarily unable to act as President NO. No need for impeachment in order allow suits to be filed against him. The terms of the negotiations included: a. The walk out aborted the impeachment trial. WON whether Estrada is immune from criminal prosecution NO. Section 1. agreement to open 2nd envelope to clear petitioner’s name No argument as to whether or not the terms of negotiations implied willingness to resign was made by petitioner. WON conviction in the impeachment proceedings is a condition precedent for the criminal prosecution of Estrada.
Deployment of military personnel falls under the Commander-in-Chief powers of president (Section 18. Petitioner does not possess requisites of standing to raise the issues in the petition. Publicity per se does not create bias. There is not enough evidence to warrant this Court to enjoin the prelim investigation of the petitioner by the respondent Ombudsman.) • marines under the leadership of the Metro Manila Police Chief • even equipment of Marines: from PNP
2. NO. IBP has failed to present a specific and substantial interest in the resolution of the case. graft and corruption NO. Such deployment was to be temporary. Marines to join PNP in visibility patrols around metropolis. Zamora
Nature: Special Action for certiorari and prohibition with prayer for issuance of a temp. invasion. restraining order Petitioner sought to nullify order of Pres. anti-drug enforcement activities etc. WON petitioner has legal standing Held: YES Held/ Ratio NO. WON the prosecution of Estrada should be enjoined on the ground of prejudicial publicity
IBP vs. bribery. Article 7 of Consti Powers as Commander-in-Chief Issue: WON such order was constitutional Issue 1. 83Recognizing that the Impeachment Court is Functus Officio No post-tenure immunity for cases like plunder. 2001=Senate Resolution No. The National President signed the petition without a formal board resolution authorizing hi to file action. administration of Red Cross. Estrada commanding the deployment of the Phil.
4. 7. or rebellion. Invoked: Section 18. Characteristic of deployment: • permissible use of military assets for civilian law enforcement (done in elections. IN VIEW WHEREOF. the petitions of Joseph Ejercito Estrada challenging the respondent Gloria Macapagal-Arroyo as the de jure 14th President of the Republic are DISMISSED. WON the act violates the constitutional provisions on civilian supremacy over the military and the civilian character of PNP
. NO. Article 7) to prevent or suppress lawless violence.Feb. WON President’s action of deployment is subject to judicial review
Nature: Original Action in the Supreme Court. COURT HAS
Is that a threat to national security? POLITICAL.O. 66. and 80 Held/Ratio YES. House Resolution 1342 even recognized power of President to bar the return.s 22. Issue WON president has power to bar Marcoses’ return Held/ Ratio YES. Salvador vs.Marcos vs.O. and 80 which had the effect of prohibiting trawl fishing in the said area. Manglapus
Nature: Petition for mandamus and prohibition Facts: During the term of Cory Aquino.s 22. Issues: 1. YES Sub-issues: Do the Marcoses have right to return to the Philippines? AUTHORITY. • Their return would have posed violence against State. In effect. Facts: San Miguel Bay became the center for the dispute over trawl fishing. Section 10(1) of Article 7 of Consti gives president control over executive departments. promote their welfare and advance the national interest. Declaration of threat had factual bases: • Marcoses were driven out of the country for stealing millions from country’s treasury. This is a petition for the court to order the respondents to issue travel documents to the Marcoses and to enjoin the implementation of the President’s decision to bar their return to the Philippines. Issue: WON Cory had constitutional authority to prohibit the Marcoses from returning to the Philippines. PRESIDENT HAS POWER TO DECIDE. Prohibition and certiorari with preliminary injunction.
WON president acted arbitrarily in determining the their return poses a threat to national interest and welfare
Araneta. the Marcoses wanted to return to the Philippines but were barred from doing so. JUSTICIABLE QUESTION. Dept of Agriculture and Natural Resources is
. President issued E. Sec 4 and 5: The President has obligation to protect the people. WON President has authority to issue E. 66. NO. Article 2. Resolution content: let them return (no implication of not allowing president to bar return. Sustenance fishermen complained about the operations alleging that those operations depleted the resources of that marine area.
Dominador vs. Such appointments obstruct political policies of successor
POI: The President has authority to issue ad interim appointments if: a. 471 intended to prohibit devices like trawl nets that deplete food supply from sea and it authorized Secretary of Agriculture and Natural Resources who in turn is under supervision of President. Facts: December 29. 1962: Macapagal appointed Andres Castillo for CB position
Issue: WON Aytona’s appointment was valid HELD: No. Andres
Nature: Original Action in the Supreme Court. WON E.s were valid 3. 1961: Macapagal issued Administrative Order No. January 1. Commission on Appointments was not in session After proclamation. Castillo. there are vacancies b. 1961: Garcia appointed Dominador Aytona as ad interim Governor of the Central Bank Aytona takes oath December 30. 4003 of Legislature as amd. the appointees have been approved by Commission on Appointments (by way of advice)
Sarmiento. Ulpiano vs.
Aytona. • • • • Malacañan submitted appointments on the same day they were issued. Prohibition and mandamus with preliminary injunction. 2 all ad interim appointments made by Garcia after December 13. Mison (Comm of the Bureau of Customs)
Nature: Petition for prohibition Facts: Petitioners sought to prohibit in their appointed jobs: Salvador Mison: Office of Commissioner of the Bureau of Customs Guillermo Carague: Secretary of the Department of Budget Petitioners alleged that those appointments were void by reason of its not having been confirmed by the Commission on Appointments. 1961 (when Macapagal was proclaimed by Congress). By Commonwealth Act No. Garcia’s administration was caretaker administration. 1961: Macapagal assumed presidential position December 31. VALID and issued with authority of law NO. Teka…may right be prexy to appoint? OO NAMAN
. Act no.O.2. WON it was undue delegation of powers to President
subject to the general supervision and control of Pres.
Section 16 (5). 1177 is unconstitutional.
. • authorizes illegal transfer of public money • does not specify purpose and objective of proposed transfer of funds • allows president to override the safeguards in approving appropriations • undue delegation of legislative powers to executive • such transfers are without or excess or their jurisdiction Issue: WON PD No.D. No. Only the first group of appointees requires explicitly the need for consent and confirmation. The second sentence of provision says: He shall also appoint… No explicit reference to the need of COA’s consent was then mentioned. the President. P.Section 16. Alba
Nature: Petition for prohibition with preliminary injunction to review the constitutionality of the first paragraph of Section 44 of Presidential Decree No. other public ministers and consuls. to any program. appropriated for the different departments. ambassadors. PD 1177 overextends powers of President. members of the National Assembly/Batasan Pambansa questioned the constitutionality of the presidential decree. project or activity of any department. Vs. • • • • President could only transfer funds to augment an item. bureau. heads of exe depts.. Allowed him to indiscriminately transfer funds from one dept to another. Article 7 of 1987 Consti: “The President shall nominate. 1177 is unconstitutional and void. Article 8 of 1973 Consti: No law shall be passed authorizing any transfer of appropriations. and the heads of constitutional commission may by law be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. appoint …” Who can the President appoint? a. 1177 paragraph 1 of Section 44:
The President shall have the authority to transfer any fund.
Demetria vs. or office included in the General Appropriations Act or approved after its enactment. offices and agencies of the Executive Department. those whom the president may be authorized by law to appoint d. the Chief Justice of the Supreme Court. 1177 (Budget reform Decree of 1977) Facts: Petitioners. officers of the armed forces from the rank of colonel or naval captain. which are included in the General Appropriation Act. and other officers whose appointment are vested in him in this Consti b. the Speaker. all other officers of the govt whose appointments are not otherwise provided for by law c. Held:
No. Appointments valid. Held: PD No. Such transfer may be made if there are savings. bureaus. and with the consent of the Commission on Appointments. officers lower in rank whose appointments the Congress may by law vest in the President alone * The first groups requires consent and confirmation by COA (by virtue of statutory construction)
Issue: WON Commission appointments to be valid. the Prime Minister. however.
97) of the Philippine Senate in the ratification by the President of the Philippines of the Agreement Establishing the WTO 2. Art 2) xxx to give preference to qualified Filipinos (Sec 10. WON Court has jurisdiction Held/Ratio YES. • Consti does not rule out foreign competition.Tañada vs. WTO provided: * protection for weak economies thru oneon-one negotiations with developed
2. NO. and locally produced goods (Section 12. Angara
Nature: Special Civil Action in the Supreme Court. WON WTO agreement violated Consti mandate on economic nationalism
. for the nullification. domestic materials. While the Consti mandates economic nationalism. Certiorari Facts: Respondent Rizalino Navarro. Petitioners alleged that WTO agreement violated the Consti mandate to ‘develop a selfreliant and independent national economy effectively controlled by Filipinos (Sec 19. on constitutional grounds. it also: • recognizes the need for business exchange with the world • exchanges need to be based on equality and reciprocity • Consti is only against unfair foreign competition. then Secretary of the Dept of Trade and Industry signed the Final Act Embodying the Results of the Uruguay Round of Multilateral Negotiations (Final Act) Petitioners sought: 1. Art 12). of the concurrence (Senate Resolution No. Art 12) and to promote the preferential use of Filipino labor. for the prohibition of its implementation Issues 1.
g. which is essentially and eminently legislative in character. By creating new municipalities. E. which grants the prexy control over exe. branches and units (e. 68 of Rev. (boink. instituted this special civil. Section 10 (1) of Article VII of Consti. The creation of municipalities is not an administrative function but one. municipalities) but not the power to create or abolish new ones (this one’s legislative)
2. Admin Code must be deemed repealed by the subsequent adoption of the 1935 Consti. Admin Code -grants the prexy the power to create municipalities with the necessary stipulations provided by the legislative branch Pelaez maintained that section 68 of the Rev. In the case at bar. E. 2370.O.O. May opinions pa. lalo na kaya ang municipalities which are made up of barrios. 68 of the Rev. Nos 126-129 ( creating 33 municipalities) Section 68 of Rev. • Treaties do limit absoluteness of sovereignty. orders from the prexy which the latter claimed as pursuant to Sec. Act 2370). Sec. barrios make up municipalities and because the president is not granted the power to create barrios.s declared NULL and Void. It’s’ like historical kasi so medyo fun siya.3.
E. Nos 93-21. Issue: WON the president has authority to create new municipalities Held: The court granted the petition on ff grounds: 1. Admin. from passing in audit any expenditure of public funds in the implementation of the ff.O. 121. di ba iba naman ung pinag-usapan ng dalawang laws? As in barrios and municipalities? . • By surrendering state power. It is only administrative in as much as it allows the adoption of means and way to carry into effect the law creating the said municipalities. Pero ang logic kasi dito. This only grants him the authority to check whether the offices are performing their duties as provided by law. “ Barrios shall not be created or their boundaries altered nor their names changed except under the provisions of this Act or by Act of Congress. Code.O.grants prexy control over exe. against the auditor general and his reps and agents. No. vice president of the Phils. institutions and general supervision of LGs as prov. E.)
. Auditor General
Nature: Original Action in the Supreme Court. (Section 3 of rep.” Teka. WON WTO Agreement unduly limits legislative power (a provision in the agreement says that Congress could not pass laws for national interest and general welfare if it were inconsistent with agreement)
countries YES but that is not unconstitutional per se. the prexy did more than that. E. he is in effect submitting local officials to submit to his dictation.Admin. nations reap greater benefits which are results of the provisions of international law
Emmanuel Pelaez vs. for a writ of prohibition with preliminary injunction. Prohibition with preliminary injunction Facts: Emmanuel Pelaez.O. By law.
3. something denied of him by consti. 124. Basahin nyo na lang.Oo nga. exe. Code had already been repealed by Section 3 of Republic Act.
of the Phils. No. judge ad interim of the CFI of Manila
.” (in effect.O.aims to control exports from the Phils. 62. No 671. Held: The court held that E. Stipulations only in time of war or other national emergency.J. Of Nacionalista party) E. NO. 225.appropriates Php 6. Eulogio Rodriguez.000. Applies for writ of prohibition to restrain the treasurer of the Phils from disbursing money under this E. J. Kakastress. 671) have ceased to exist.O. null and void because Emergency Powers Act 1. 192.
Act.s included in the case at bar are null and void. as soon as this meeting occurs. 4. Of the Sugar Quota Office and the Commissioner of Customs to permit the exportation of shoes 3.O. Antonio Araneta vs Fiscal of Manila. Vera. 671 became inoperative. 225. Issue: WON the E.s in question: 62. Antonio Barredo E. To carry out declared natl policy. 226 Basic premise of the petitioners: such E. Antonio Araneta under prosecution for the violation of E.O.O. Eugenio Angeles
Nature: Prohibition and Mandamus Facts: Maraming kaso pala ‘to. 1946 when Congress first met ion regular session and Act no.O.000 to defray expenses in connection with and incidental to the holding of elections to be held in Nov. issued without authority of law as they were issued after May 25. 671 Section 3: limits the emergency powers of prexy to the time the legislature was prevented from holdings sessions due to enemy action or other causes brought on by war “ the prexy shall as soon as practicable upon the convening of the Congress of the Phils report thereto all the rules and regulations promulgated by him under the powers herein granted. Sr (pres. An act declaring a state of total emergency as a result of war involving the Phils. 1949 Asks court to prevent respondents from disbursing such amount E.s Nos. 225. 62 E.O.O. Jose O. ______________________________________________
People and the Hongkong and Shanghai Banking Corp vs. the emergency powers or the prexy are deemed inoperative unless reenacted with authority from legislature) mas makapal pa ung pages for opinions compared to pages for the court’s decision. No.s are (Commonwelath Act NO. Legal Basis: Act No. Bakit legal ‘to despite sepation of powers? Section 26 of article 6 in the Consti: the Congress may grant the prexy te power to promulgate rules and reg. 192. ( pertinent to case at bar: forbids export of shoes) Seeks a writ of mandamus to compel Admin. 62-regulates rentals for houses and lots for residential buildings Prays of writ of prohibition to judge and fiscal 2. And authorizing the president to promulgate rules and regulations to meet such emergency. 192.O. given nec.appropriates funds for the operation of the Gov. No 226.O. No. Guerrero E. Leon Ma. and 226 were null and void.
The constitutionality of Act 4221 is challenged on 3 grounds: 1. Because Act 4221 is improper and is an unlawful delegation of leg. Duh nito ah. Act 4221 may delay or modify such decision by virtue of the authority vested by legislature on it.
Added info: definitions Pardon: an act of grace.
2. Power. Final Conviction: indeterminate penalty ranging from 4 years and two months of prision correctional to 8 years of prision mayor. a substitution of a less penalty for the one originally imposed Reprieve or respite: withholding of sentence for an interval of time 2. (grabe. It is a purely judicial act which does not exempt probationer from the entire punishment which the law inflicts. it denies equal protection of laws Act 4221 is unconstitutional and void. So malamang Mariano did sumthin bad against Hongkong and Shanghai Banking Corps. law which binds and directs judges. Case ‘to. Basta crim. it constitutes an undue delegation of legislative power (the court ruled in the affirmative. the latter would be committed to prison in accordance with the final judgment of conviction rendered by court. a remission of guilt. sooner or later. Decisions of the judicial bodies are deemed final. di ko yata nadiscover kung ano ginawa niya. The People of the Philippines. No.
US vs. Writ of prohibtion is granted. a forgiveness of offense Commutation: a remission of a part of the punishment. the question of constitutionality must be raised at the earliest opportunity. Di nga tlga ‘to pwede di ba?) 3. In effect. thus have every right to raise the question of constitutionality of such statute which may. Certiorari and prohibition Facts: Petitioners pray for the issuance of the writs of certiorari and of prohibition so that the CFI of Manila may not entertain further the application for probation of Mariano Cu Unjieng. sooner or later. it is deemed unconstitutional and void. WON said act is constitutional. WON the constitutionality of Act.Nature: Original Action in the Supreme Court. affect them (huh? Intindihan nyo ba?) Possible Sir Agabin Question: But was it right to raise the issue of constitutionality only after the proceedings of the case? Shouldn’t they have done that before? Possible Answer: In most cases.Probation Act . to pay costs and with reservation of civil action to Hongkong and Shanghai Banks.) Issue: 1. Executive pardon is against the crim. Wait… ano ba ‘tong case ni Mariano Cu Unjieng? Ahmm. affected by it.prescribes in detailed manner the procedure for granting probation to accused persons after their conviction has become final and before they have served their sentence Held: the constitutional issue has been sufficiently presented not only in the Sc but also in the trial court. if issue 1 is in the affirmative. the constitutionality of any statute is relevant to every person who will be. However. the exception to that general rule applies to cranial cases wherein the question may be raised for the first time at any stage of proceedings either in the trail court or on appeal if it is nec. ANG TANG HO
Nature: Appeal from a judgment of the CFI of Manila
. 4221 has been properly raised in these proceedings • Act 4221. Judge Vera however declined to pass upon the question on the ground that the private prosecutor had no authority to raise the question because his rights were not affected by the statute. Simply stated. it encroaches upon the pardoning power of the executive (probation is different from pardon. to the decision of the case.
Issue: WON E.O.
* Cabinet Bill no. which was later amended by E. It does not however grant the Governor General the power to fix the prices of rice without justifiable cause. Chairman of the Commission on Audit. rice. 129 Petitioners did not take notice of context of the promulgation of such statute.
On August 1.O. and Good Govt.O. 1919. Such specific stipulations are for the legislature to decide. 1. rice.80/ganta). and speculation in. the Governor-General issued a proclamtion fixing the price at which rice should be sold (E. 129 Issue: WON Batas Pambansa Blg. more efficiency in the disposal of cases b. 619-A dated September 5. the law is simply a response to the need for institutional reforms which would result in: a. De La Llana (judge Brnach 2. Petitioners sought to enjoin Minister of Budget.O. Appropriating Funds Therefor and for Other Purposes. arbitrariness of Batas Pambansa Blg. No. (basahin niyo ung orig to get the full idea of what the act was all about.O. improvement of quality of justice
2. 1980. Held: The court ruled that E. 129 Facts:
Batas Pambansa Blg. No. 1980. 42…sponsored by Chairman of the Committee on Justice. palay. and corn under extraordinary circumstances…yada yada yada. They are not devoid of any personal and substantial interest over the issue of the constitutionality of the statute in dispute. N0. No 53 is unconstitutional and void.
3. 53 is constitutional and valid. Act No.Facts:
Act No. On August 7. City Court of Olongapo) vs. 129 is not unconstitutional. Human Rights. 129 is unconstitutional Held: The court’s opinion was: Batas Pambansa Blg.
. Ang Tang Ho was charged and subsequently found gulity with a violation of the mentioned proclamation for selling rice at an excessive price ( . and Minister of Justice from taking any action in implementing Batas Pambansa Blg. lack of standing of petitioners? Judge de la Llana and the other petitioners are members of the bar. a Presidential Committee on Judicial reorganization was organized thru an E.)
Gualberto J. 53). and corn sales. Minister of Budget
Nature: Petition directly filed with the Supreme Court for the adjudication of the Constitutionality of Batas Pambansa Blg. 129: An Act Reorganizing the Judiciary. 2868 An act penalizing the monopoly and hoarding of. On August 8. Manuel Alba. 1919. 2868 is a general rule regarding the regulation of palay.
this is not a violation of powers since such abolitions will be done in good faith and for the attainment of a better judicial system as was the intended purpose of the statue in the first place. 1980: amended charges to: 1) unlawful possession of explosives and incendiary devices. 34 Facts: • • • May 30. However.
Olaguer vs. Valencia. July 30. and inciting to rebellion Petitioners claimed that: • military commissions cannot try civilians for offenses committed during martial law • the proceedings of Military Commission No. 129 also results in the abolition of certain inferior courts in the process of modifying court jurisdictions. 3) conspiracy to assassinate Messrs. and Generals Espino and Ver 7) conspiracy and proposal to commit rebellion. Hamilton Dimaya) and the approval of the respondent Minister of National Defense (Juan Ponce Enrile)
Respondent Chief of Staff of AFP (General Romeo Espino) created the Military Commission No. 2) conspiracy to assassinate Marcoses. Leonardo Perez. violated Section 18. 2045 (January 17. Provided by legislature for the President as Commander-in-Chief To aid him in properly commanding the army and navy and enforcing discipline therein Case at bar involves criminal offenses.
modifications of court jurisdictions
* Batas Pambansa Blg. Proclamation No. 1981-lifted martial law) divest Military Commission No. Article 7: state of martial does not suspend Consti nor shall it supplant functioning of civil courts to military tribunals (gist lang ‘to) so long as civil courts are open. WON Military Commission NO. 5) arson of 9 buildings 6) attempted murder of Messrs. Only judiciary can interpret what constitutes criminal offense Besides. WON military commissions can try civilians for offenses committed during martial law when civil courts were open Held/Ratio NO. proceedings have to be done in those places except when the offenses are merely administrative in nature
Decision: Military Commission NO. 34
Nature: Petitions for certiorari and prohibition to review the order of the Military Commission No.c. 885-Revised Anti-Subversion Law) upon the recommendation of the respondent Judge Advocate General (Gen. 1980: petitioners were charged for subversion (PD No. 34: unconstitutional Execution of petitioners permanently suspended
. and Corpus. 34 to try the case. 34 violated due process of law (unconstitutional)
YES. • • • • • Military Tribunals are executive institutions. 34 violated due process of law Issues 1. 34 of its ‘supposed’ authority to try civilians. Military Commission No. Roño. Tangco.
prohibition and mandamus with preliminary mandatory injunction Facts: • • • Commissioner of Customs Manuel Manahan filed an administrative complaint against Collector of Customs Ang-Angco.
. article 12 of Consti).. whose decision shall be final (Section 18. Initially. • HOWEVER.aah. with authority from President can render final judgment on an administrative case without submitting such direct action to the Commissioner of Civil Service and remove official from office Held: NO Ratio: Under Section 16(i) of the Civil Service Act of 1959:
the Commissioner of Civil Service has original and exclusive jurisdiction to decided administrative cases of all officers and employees in the classified service limitation to that provision: the Commissioner’s decision may be appealed to the Civil Service Board of Appeals.the power to remove anybody from office? Yes. He did that under the verbal expression of approval of release by Secretary of Finance Hernandez.. • At the time of Magsaysay’s death. with authority from President.
Wait…ano case ni Ang-Angco?? He authorized the release of Pepsi-Cola’s 1. it also provides that the removal should be pursuant to Civil Service Act of 1959 AND
Civil Service Act of 1959 provides that officers and employees who belong to the classified service (Collector of Customs is an example) shall be tried by the Commissioner of Civil Service or the Civil Service Board of Appeals. Certiorari.188 units of concentrates which were held by customs for lack of dollar allocation or remittance to foreign exchange. Castillo
Nature: Original Petition in the SC. investigation was still ongoing.does the President have aah. officials cannot be arbitrarily removed from office by heads (section 4. • Section 79 of RAC provides an implied vested power on President.
Issue: WON Executive Secretary. to quote a friend: what an orgasmic piece of legislation) AND President’s control is only refers to matters of general policy: means a settled or definite course or method adopted and followed by govt
Also. • Executive Secretary Castillo. he did not issue approval because he said Collector of Customs had no jurisdiction over case. • Rendered final judgment on Ang-Angco’s case finding the latter • GUILTY of conduct prejudicial to the best interst of the customs service • And considered him resigned from the position. For grave neglect of duty and observance of a conduct prejudicial to the interest of the customs service
IN RESPONSE TO THAT: • President Magsaysay created a committee to investigate on Ang-Angco’s case.. as Department Head of the Civil Service Commission.Ang-Angco vs. (grabe ang galing ng logic ng decision na ‘to. Republic Act 2260)
But. • After Magsaysay’s death. Decision: Ang-Angco reinstated to position.
Marcos granted petitioner absolute pardon. Ratio:
1. Ratio: • • • • • The petitioner was convicted by Sandiganbayan of estafa has an accessory penalty of temporary absolute disqualification. No backpays or paybacks ba tama na term?
Secretary of Justice vs. then Deputy Executive Secretary. Temporary absolute disqualification bars convict from public office.Monsanto vs. 3. March 25. Lantion
Nature: Petition for… Facts: Issue: WON private respondent Mark Jimenez is entitled to the due process right to notice and hearing during the evaluation stage of the extradition process. Held: NO. The effect of Marcos’ pardon was simply to remove principal penalty BUT NOT the accessory penalty UNLESS the pardon expressly provides that accessory penalties are to be removed also. 1983: Sandiganbayan convicted Salvacion Mosanto (then assistant treasurer of Calbayog City) And three other accused Of the complex crime of estafa thru falsification of public documents
Issue: WON a public officer. Who has been granted an absolute pardon by the Chief executive. this lasts until end of term of sentence. COURT SAID:
. Pardon excuses one from serving the punishment of the crime but does not dissolve the crime itself.
Decision: Not reinstated to office. Factoran
Nature: Petition to review the resolution of the Deputy Executive Secretary Facts: • • • THEN: • • • • petitioner appealed and filed a motion of reconsideration upon court’s decision to affirm prior ruling of conviction.
it does not provide the right of the extraditee to demand from the Secretary of Justice copies of the extradition request from US while the request is still undergoing evaluation
2. Factoran said reappointment was necessary. During the pendency of the motion.
giving the private respondent copy of the request might serve as notice to flee Private respondent assailed that an extradition proceeding is like a criminal proceeding and thus he has the right to a notice and a hearing HOWEVER. Petitioner then asked for reinstatement to her position but was denied by Fulgenio Factoran.
PD No. is entitled to reinstatement to her former position without need of a new appointment Held: NO. WHY?? Because pardon is not necessarily a declaration that no crime was committed. 1069 (RP-US Extradition Treaty) provides the time when an extraditee shall be furnished a copy of the petition for extradition.
Lansang vs. insurrection. Was provisional arrest a threat to his liberty? No. Petitioners initially contended that the proclamation was made based solely on the idea that there was a conspiracy and intent to rise in arms among several groups in the country. suspending the privilege of the writ of habeas corpus. Petitioners sought for writs of habeas corpus after being arrested without a warrant therefore and detained. Provisional arrest happens only upon receipt of request for extradition. Decision: no need to provide copies.a. YES. section 10 of article 7 of Consti Held/Ratio No. It was only issued upon filing of the petition for extradition. extradition: president has final discretion to extradite him THUS: • due process safeguards do not necessarily apply to the former 4. The Plaza Miranda incident was only one among the many violent incidences that brought forth such proclamation. Marcos issued Proclamation No. Eight persons were killed and many were injured. 1971 elections. They questioned the validity of Proclamation No. However. As a result. court held that with the modifications thru Proclamation No. These groups believe that force and violence are indispensable to the attainment of their goal.
2. The existence of the CPP and the NPA were clear proof of the state of rebellion and insurrection of the country. In the case at bar. Marcos declared that the ‘enemy groups’ had already entered into the conspiracy and have in fact joined together to engage in armed insurrection and rebellion. 889. 889 violated par. Was warrant of arrest for the temporary detention a threat to his liberty? No. or rebellion or imminent danger therof
WON public safety required the suspension of the privilege
. extradition is summary in nature. 889. bombings of the COMELEC building. 889-A. WON there was invasion. extradition process was still at evaluation level. 1971 at Plaza Miranda where the Liberal Party of the Philippines was holding a public meeting for the presentation of its candidates for the November 8. Garcia
Nature: Facts: Two hand grenade explosions occurred on August 21. Threat to respondent’s liberty was hypothetical. US had not requested for that arrest 5. Issue 1. extradition proceedings do not involve determination of guilt b. YES. WON Proclamation No. 4 section 1 of article 3 and par 2. REVERSED. crim is full blown c. President had in his possession records of killings of several government officials by the CPP.
and others. the President can:
1) call out the armed forces 2) suspend the privilege of the writ of habeas corpus 3) put Philippines or any part therof under martial law
. WON petitioners are covered by said proclamation as amended
MERALCO. insurrection or rebellion. They have been charged for a violation of the Anti-Subversion Act and were then covered by the proclamation.3. YES.
IN case of invasion.