Professional Documents
Culture Documents
LAW 2
CASE DIGESTS
(Other Rights)
Submitted:
WILLY C. DUMPIT
FIRST YEAR - LLB
A. Liberty of Abode
and of Travel
FACTS:
ISSUE:
HELD:
No. The acts of Mayor Justo Lukban were not valid. Instead, the Mayor
committed grave abuse of discretion for deporting the women to a new domicile
against their will. There is no law expressly authorizing his actions. On the contrary,
there is a law punishing public officials, not expressly authorized by law or regulation,
who compels any person to change his residence. Furthermore, these women
although in a sense "lepers of society" are still, as citizens of the Philippines, entitled
to the same rights, as stipulated in the Bill of Rights, as every other citizen. Their
choice of profession should not be a cause for discrimination. It may make some, like
Lukban, quite uncomfortable but it does not authorize anyone to compel said
prostitutes to isolate themselves from the rest of the human race. These women
have been deprived of their liberty by being exiled to Davao without even being given
the opportunity to collect their belongings or, worse, without their consent. The
Supreme Court said that women were not chattels but Filipino citizens who had
fundamental right not to be forced to change their place of residence. Hence, Manila
Mayor Justo Lukban lose this case and ordered to pay for damages thereto.
MARCOS VS. MANGLAPUS
G.R. No. 88211, September 15, 1989
FACTS:
On September 15, 1989, the Supreme Court voted 8-7 to dismissing the
petition of the Marcos family to allow the return of former President Ferdinand
Marcos from Honolulu, Hawaii to the Philippines. The Court held that President
Corazon Aquino did not act arbitrarily with grave abuse of discretion in determining
that the return of former President Marcos and his family at the present time and
under present circumstances pose a threat to national interest and welfare. The
decision affirmed the constitutionality of President Corazon Aquino's prior refusal,
fearing the instability and security issues that may arise once the remains of former
President Marcos were to be brought back to the country. She said, "In the interest
of the safety of those who will take the death of Mr. Marcos in widely and
passionately conflicting ways, and for the tranquility of the state and order of society,
the remains of Ferdinand E. Marcos will not be allowed to be brought to our country
until such time as the government, be it under this administration or the succeeding
one, shall otherwise decide."
Hence, this Motion for Reconsideration.
ISSUE:
Whether or not there was a violation of the petitioners right to abode and right
to travel?
HELD:
No. The Supreme Court emphasized that the right involved is the right to
return to one’s country, a totally distinct right under international law, independent
from although related to the right to travel. The right to return to one's country is not
among the rights specifically guaranteed in the Bill of Rights, which treats only of the
liberty of abode and the right to travel, but it is well considered view that the right to
return may be considered, as a generally accepted principle of international law and,
under our Constitution, is part of the law of the land (Art. II, Sec. 2 of the
Constitution). These rights are: (a) the right to freedom of movement and abode
within the territory of a state (b) the right to leave a country, and (c) the right to enter
one’s country (Article 13 Section 1&2) as separate and distinct rights from the right to
travel and enjoys a different protection. Hence, it would be inappropriate to construe
the limitations to the right to return to one’s country in the same context as those
pertaining to the liberty of abode and the right to travel. However, executive power is
more than the sum of specific powers, it also involves the residual power to protect
the general welfare of the people.
B. Non-Impairment
Clause
FACTS:
ISSUE:
HELD:
FACTS:
On Jan 30, 2004, CA seeks petition upholding the SEC’s approval of the
rehabilitation of the ASB Group of Companies. Herein, the Bank of the Philippine
Islands (BPI), through its predecessor-in-interest, Far East Bank and Trust Company
(FEBTC), extended credit accommodations to the ASB Group with an outstanding
aggregate principal amount of P86,800,000.00, secured by a real estate mortgage
over two properties located in Greenhills, San Juan. On 2 May 2000, the ASB Group
filed a petition for rehabilitation and suspension of payments before the Securities
and Exchange Commission (SEC). On 18 August 2000, the interim receiver
submitted its Proposed Rehabilitation Plan for the ASB Group. The Rehabilitation
Plan provides that, among others, a dacion en pago by the ASB Group to BPI of one
of the properties mortgaged to the latter at the ASB Group as selling value of
P84,000,000.00 against the total amount of the ASB Group’s exposure to the bank.
In turn, ASB Group would require the release of the other property mortgaged to BPI,
to be thereafter placed in the asset pool. BPI opposed the Rehabilitation Plan and
moved for the dismissal of the ASB Group's petition for rehabilitation. BPI filed a
Petition for Review before CA but was dismissed the petition for lack of merit. Hence,
this petition.
ISSUE:
HELD:
No. The Supreme Court explained that SEC’s approval of the Rehabilitation
Plan did not impair BPI’s right to contract. The SEC, through the hearing panel that
heard the petition for approval of the Rehabilitation Plan, was acting as a quasi-
judicial body and thus, its order approving the plan cannot constitute an impairment
of the right and the freedom to contract. The mere fact that the Rehabilitation Plan
proposes a dacion en pago approach does not render it defective on the ground
of impairment of the right to contract. The Court found no element of compulsion in
the dacion en pago provision of the Rehabilitation Plan. It was not the only solution
presented by the ASB to pay its creditors. Thus, if BPI does not find the dacion en
pago modality acceptable, the ASB Group can propose to settle its debts at such
amount as is equivalent to the selling price of the mortgaged properties. Thus,
petition was denied and the decision of the CA affirmed.
C. Access to Courts
FACTS:
On May 22, 2009 the administrator of Good Shepherd Foundation, Inc. Mr.
Roger C. Prioreschi, wrote a letter to the Chief Justice of the Supreme Court
requesting for exemption from payment and compliance from paying docket fees
granted to indigent litigants. He pointed out that Good Shepherd works with and for
the most Indigent persons such as “the poorest among the poor, to the newly born
and abandoned babies, to children who never saw the smile of their mother, to old
people who cannot afford a few pesos to pay for common prescriptions, to broken
families who returned to a normal life”. In other words, the former have been working
hard for the very Filipino people, that the Government and the society cannot reach
to, or have rejected or abandoned them.
ISSUE:
Whether or not the Court can grant Good Shepherd foundation who works for
indigent people, from the payment of legal fees?
HELD:
No. The Courts cannot grant the Good Shepherd Foundation, Inc. the same
exemption from payment of legal fees granted to indigent litigants even if the
foundations are working for indigent and underprivileged people. The Art. III, Sec. 11
of the 1987 Philippine Constitution states that “Free access to the courts and quasi-
judicial bodies and adequate legal assistance shall not be denied to any person by
reason of poverty.” In implementation of the right of free access under the
Constitution, the Supreme Court promulgated rules, specifically, Sec. 21, Rule 3, and
Sec. 19, Rule 141, Rules of Court. The clear intent and precise language of the
aforequoted provisions indicate that only a natural party litigant may be regarded as
an indigent litigant. The Good Shepherd Foundation, Inc., being a juridical person,
therefore, it cannot be accorded the exemption from legal and filing fees granted to
indigent litigants. That the Good Shepherd Foundation, Inc. is working for indigent
and underprivileged people is of no moment. Clearly, the Constitution has explicitly
premised the free access clause on a person’s poverty, a condition that only a
natural person can suffer.
D. Prohibited
Punishment
FACTS:
On February 10, 1949, Alberta Estoista testified that his son Alberto Estoista
fired accidentally wounded their servant when they fired wild chicken on their
plantation scratching their “palay” and corn. Herein petitioner appealed for acquittal
for the crime of homicide through reckless imprudence and convicted for illegal
possession of firearm under one information by the CFI of Lanao. The firearm with
which the appellant was charged with having in his possession was a rifle and
belonged to his father, Bruno Estoista, who held a legal permit for it. Thus, Estoista
is now assailing his conviction saying that the 5-10 years’ penalty for the illegal
possession of firearms is cruel and excessive.
ISSUE:
HELD:
FACTS:
On May 20, 1994, in the City of Pasay, Metro Manila, accused Josefina and
her husband Rodrigo Libed were charged, not being lawfully authorized by law to
import or bring into the country any prohibited drug/regulated drug, conspiring,
confederating, and helping one another did then and there wilfully, unlawfully and
feloniously import or bring into the country Methamphetamine Hydrochloride (shabu),
a regulated drug, with a total weight of 20.09314 kilograms under Section 14, Article
III of Republic Act 6425. Accused Josefina Esparas pleaded not guilty when
arraigned on August 26, 1994. She absconded after the prosecution presented its
key witnesses. Accused Rodrigo Libed has remained at large. Subsequently, the trial
court found the accused guilty as charged and imposed on her the death penalty but
she remains at large.
ISSUE:
Whether or not the court may proceed to review petitioner’s death sentence
despite her absence?
HELD:
Yes. A decision of Trial court does not become final unless and until it has been
reviewed by the Court. An accused who was sentenced with the highest penalty is
entitled under the law to have the sentence and all the facts and circumstances upon
which it is founded placed before the Court, as the highest tribunal of the land, to the
end that its justice and legality may be clearly and conclusively determined. Such
procedure is merciful. It gives a second chance for life. Neither the courts nor the
accused can waive it. It is a positive provision of the law that brooks no interference
and tolerates no evasions. The reimposition of the death penalty revived by the
procedure by which the Supreme Court reviews death penalty cases pursuant to the
Rules of Court remains automatic and continues to be mandatory and does not
depend on the whims of the death convict and leaves the SC without any option. Any
court decision authorizing the State to take life must be as error-free as possible. It is
not only within the power of the SC but also it is its duty to reviewal death penalty
cases. Sec. 8 of Rule 124 of the Rules of Court which authorizes the dismissal of an
appeal when the appellant jumps bail has no application to cases where the death
penalty has been imposed. Counsel for accused is given a new period of 30 days
from notice hereof within which to file the brief of the accused Esparas.
ECHAGARAY VS. SECRETARY OF JUSTICE
G.R. No. 132601, October 12 1998
FACTS:
On June 25, 1996, Leo Echegaray Pilo, petitioner, was convicted for the crime
of rape of the ten year old daughter of his common-law spouse and was sentenced
to death penalty. Petitioner filed a Motion for Reconsideration on the imposition of
death penalty. The motions were denied finding no reason to declare it
unconstitutional and pronouncing Congress compliant with the requirements for its
imposition. The RA 8177 was passed amending Art. 81 of the RPC as amended by
Sec. 24 of RA 7659, where the mode of execution was changed from electrocution to
lethal injection. Echagaray filed a petition for prohibition, injunction and TRO to
enjoin the Secretary of Justice and Director of Bureau of Prisons from carrying out
the execution, contending that RA 8177 and its implementing rules are
unconstitutional and void. On March 3, 1998, the court required respondents to
comment and mandated the parties to maintain status quo. CHR filed a motion for
Leave of Court to Intervene and appear as Amicus Curiae alleging that the death
penalty is cruel and degrading citing applicable provisions and statistics showing
how other countries have abolished the death penalty and how some have become
abolitionists in practice. Petitioner filed a reply stating that lethal injection is cruel,
degrading, inhuman and violative of the International Covenant on Civil and Political
Rights.
ISSUE:
HELD:
No. Republic Act 8177 and its implementing rules is anchored on Article III,
Section 19 (1) of the 1987 Constitution which proscribes the imposition of "cruel,
degrading or inhuman" punishment. It is settled in jurisprudence that the death
penalty is not a cruel, degrading or inhuman punishment. The Court believes that the
lack in particularity as to the details involved in the execution by lethal injection does
not render said law “cruel, degrading or inhuman.” For reasons discussed, the
implementing details of R.A. No. 8177 are matters which are properly left to the
competence and expertise of administrative officials. The court further explains that
any infliction of pain in lethal injection is merely incidental in carrying out the
execution of death penalty and does not fall within the constitutional proscription
against cruel, degrading and inhuman punishment. The Constitution, however, does
not mean that crime, for this reason, is to go unpunished. The cruelty against which
the Constitution protects a convicted man is cruelty inherent in the method of
punishment, not the necessary suffering involved in any method employed to
extinguish life humanely.
E. Non-
Imprisonment For
Debt
FACTS:
ISSUE:
HELD:
Article III Sec. 22. No ex post facto law or bill of attainder shall
be enacted.
UNITED STATES vs. CONDE
G.R. No. L-18208, February 14, 1922
FACTS:
ISSUE:
Whether or not the respondents are guilty for violating the Usury Law or R.A.
No. 2655?
HELD:
No. The acts complained of by the defendants did not constitute a crime at the
time they were committed. A law imposing a new penalty, liability or disability, or
giving a new right of action, must not be construed as having a retroactive effect. It
is well settled rule of contract that the laws in force at the time of the contract was
made must govern its interpretation and application. If a contract is legal at its
commencement or its inception, it cannot be rendered illegal by any subsequent
legislation. An ex post facto law, is a law that makes an action, done before the
passage of the law, and which was innocent when done, criminal, and punishes such
action. In the present controversy, the respondents executed an act which was legal
before the Usury Law. Ex post facto laws are absolutely prohibited unless its
retroactive effect is favorable to the defendant. Thus, the complaint was dismissed
and respondents were discharged.
SALVADOR vs. MAPA, Jr.
G.R. No. 135080, November 28, 2007
FACTS:
ISSUE:
HELD:
No. An ex post facto law as defined is one (a) which makes an action done before
the passing of the law and which was innocent when done criminal, and punishes
such action; or (b) which aggravates a crime or makes it greater than it was when
committed; or (c) which changes the punishment and inflicts a greater punishment
than the law annexed to the crime when it was committed; or (d) which alters the
legal rules of evidence and receives less or different testimony than the law required
at the time of the commission of the offense in order to convict the defendant. This
Court added two (2) more to the list, namely: (e) that which assumes to regulate civil
rights and remedies only but in effect imposes a penalty or deprivation of a right
which when done was lawful; or (f) that which deprives a person accused of a crime
of some lawful protection to which he has become entitled, such as the protection of
a former conviction or acquittal, or a proclamation of amnesty. Administrative Order
No. 13 creates the Presidential Ad Hoc Fact- Finding Committee on Behest Loans,
and provides for its composition and functions. It does not mete out penalty for the
act of granting behest loans. Memorandum Order No. 61 merely provides a frame of
reference for determining behest loans. Not being penal laws, Administrative Order
No. 13 and Memorandum Order No. 61 cannot be characterized as ex post facto
laws. There is, therefore, no basis for the Ombudsman to rule that the subject
administrative and memorandum orders are ex post facto. Hence the petition was
granted.
Article III, Sec. 6. The liberty of abode and of
changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired
except in the interest of national security, public safety,
or public health, as may be provided by law.
WILLY C. DUMPIT Constitutional Law 2
FIRST YEAR – LLB
SHORT ESSAY (RIGHT TO TRAVEL vis a vis the Current Quarantine Situation)