G.R. No. L-45685 – 65 Phil. 56 – Political Law – Constitutional Law – Separation of Powers – Judicial Power; Judicial Review – Undue Delegation of Powers – Power to Pardon Constitutionality of Laws – May the State Question Its Own Laws In 1934, Mariano Cu Unjieng was convicted in a criminal […]
Daily Archives: November 6, 2010
48 posts
WHO ARE PROTECTED Equal protection is available to all persons, natural as well as juridical. Artificial persons, however, are entitled to the protection only insofar as their property is concerned. By constitutional reservation, certain rights are enjoyable only by citizens, such as the rights to vote, hold public office, […]
EQUAL PROTECTION Equal protection simply requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. Similar subjects, in other words, should not be treated differently, so as to give undue favor to some and unjustly discriminate against others. Substantive […]
Administrative Due Process Includes (a) the right to notice, be it actual or constructive, of the institution of the proceedings that may affect a person’s legal right; (b) reasonable opportunity to appear and defend his rights and to introduce witnesses and relevant evidence in his favor; (c) a tribunal […]
They are: (1) the right to a hearing, which includes the right to present one’s case and submit evidence in support thereof; (2) the tribunal must consider the evidence presented; (3) the decision must have something to support itself; (4) the evidence must be substantial; (5) the decision must […]
CERTIORARI defined: When any tribunal, board, or officer exercising judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved […]
G.R. No. 169013 – 594 Phil. 451 – 574 SCRA 41 – Remedial Law – Due Process – Certiorari; when available – Service of Summons In 1996, Godofredo Cuanan, while being a school principal in San Antonio, Nueva Ecija, was charged with sexual harassment. DECS Region III created an […]
G.R. No. L-19650 – 124 Phil. 763 – 18 SCRA 247 – Statutory Construction – Construction; defined – Noscitur A Sociis In 1960, Caltex (Philippines), Inc. announced its Caltex Hooded Pump Contest. The mechanics of the contest were as follows: 1. Participants must estimate the actual number of liters […]
G.R. No. L-45987 – 68 Phil. 12 – Political Law – Constitutional Law – Equal Protection – Requisites of a Valid Classification – Prohibition from Drinking Gin In 1937, there existed a law, Act No. 1639 otherwise known as AN ACT TO PROHIBIT THE SALE, GIFT, OR OTHER DISPOSAL […]
G.R. No. L-52245 – 180 Phil. 369 – 95 SCRA 392 – Political Law – Constitutional Law – Equal Protection – Eligibility to Office after Being 65Judicial Review; Requisites thereof Patricio Dumlao was the former governor of Nueva Vizcaya. He has already retired from his office and he has […]
G.R. No. L-46496 – 69 Phil. 635 – Political Law – Constitutional Law – Due Process in Administrative BodiesRemedial Law – Civil Procedure – Motion For New Trial; Grounds Toribio Teodoro owns and operates Ang Tibay, a leather company which supplies the Philippine Army. Due to alleged shortage of […]
The requirement of territorial jurisdiction means that a criminal action should be filed in the place where the crime was committed, except in those cases provided by Article 2 of the Revised Penal Code.
G.R. No. 117565 – 346 Phil. 807 – 282 SCRA 125 (89 SCAD 151) – Political Law – Constitutional Law – Due Process; Administrative Bodies – Assistance by CounselLaw on Public Officers – Right to Due Process – Public Office is Not a PropertyArsenio Lumiqued was the Regional Director […]
The requisites to be complied with are: (1) must rest on substantial distinctions; (2) must be germane to the purposes of the law; (3) must not be limited to existing conditions only; and (4) must apply equally to all members of the same class. ** Taken from People of […]
G.R. No. 92163 – 264 Phil. 593 – 186 SCRA 217 – Political Law – Separation of Powers – SC Cannot Change LawStatutory Construction – The Court Can Only Interpret LawsCriminal Law – Complex Crimes – Compound Crimes – Rebellion Absorbs Common CrimesRemedial Law – Criminal Procedure – Bail; […]
Jurisdiction is determined by the law as of the time when the action is filed, not when the offense was committed. The exception to this rule is where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense. […]