G.R. No. 121087 – 372 Phil. 21 – 313 SCRA 153 – Criminal Law – Book I – Aggravating Circumstances – Crime Committed in Places where Official duties are discharged Remedial Law – Evidence – Exclusionary Rule – RA 4200 – No wire tapping if communication is not private […]
Monthly Archives: November 2010
263 posts
G.R No. 169077 – 500 SCRA 659 (532 Phil. 368) – Criminal Law – Book 1 – Aggravating Circumstances – Dwelling Civil Law – Torts and Damages – Exemplary Damages; When awarded in criminal cases In July 1997, Nicanor Salome entered the house where 13-year old Sally Idanan was […]
G.R. No. 127840 – 319 SCRA 422 – Criminal Law – Book I – Aggravating Circumstances – Dwelling, Abuse of Strength, Disregard of Victim’s Sex Remedial Law – Evidence – Testimonies of Children On June 11, 1995, Roland Paraiso and a John Doe entered the house of Lolita Tigley. […]
G.R. Nos. 138874-75 – 421 SCRA 530 (2004); 463 SCRA 652 (2006) – Criminal Law – Book I – Mitigating Circumstances – Minority; Proof In July 2005, the Supreme Court affirmed the conviction of Francisco Larrañaga and others, including one James Andrew Uy. Larrañaga et al were convicted of […]
G.R. No. 131925 – 327 SCRA 623 – Criminal Law – Book I – Mitigating Circumstances – Incomplete Self-Defense On 26 February 1994, Dario Villoceno and Ramil Sabturani had a fight and they were grappling for the possession of a steel pipe. Dario Cual came to help Villoceno, Cual […]
G.R. No. L-30642 – 136 SCRA 141 – Political Law – Separation of Powers – SC Cannot Legislate; Exception Statutory Construction – Determining the Purpose of the Law Perfecto Floresca et al are the heirs of the deceased employees of Philex Mining Corporation who, while working at its copper mines […]
Judicial Due Process vs Administrative Due Process Due process of law in administrative cases is not identical with “judicial process” for a trial in court is not always essential to due process. While a day in court is a matter of right in judicial proceedings, it is otherwise in […]
They are: (a) that the court or tribunal trying the case is properly clothed with judicial power to hear and determine the matter before it; (b) that jurisdiction is lawfully acquired by it over the person of the accused; (c) that the accused is given an opportunity to be […]
G.R. No. 86344 – 180 SCRA 496 – Political Law – The Legislative Branch – Tribunal and its Composition The Laban ng Demokratikong Pilipino (LDP) was reorganized resulting to a political realignment in the lower house. LDP also changed its representation in the Commission on Appointments. They withdrew the […]
G.R. No. 118597 – 246 SCRA 384 – Political Law – HRET’s Jurisdiction – Excess and Lack Thereof After the May 11, 1992 elections, Arroyo was declared as the duly elected Congressman of the lone district of Makati. Arroyo won by 13,559 votes over his opponent. His opponent Syjuco […]
G.R. No. 179813 – Political Law – Due Process – Administrative Bodies – HRET – Service of Summons Datu Pax and Montilla were rivals in the Congressional elections in 2007. Datu Pax won the elections. Montilla contested the results of the elections before the HRET. The Secretary of HRET […]
G.R. No. 166809 – 552 SCRA 320 – Political Law – Due Process – Administrative Bodies Atty Erece was the Regional Director CHR Region 1. Macalingay et al were Erece’s subordinates. Macalingay et al were complaining that Erece had continuously denied them from using the company vehicle. That Erece […]
G.R. No. 131652 – 287 SCRA 245 – Political Law – Due Process in Criminal Proceedings – Waiver of Right to Due Process Alonte was accused of raping JuvieLyn Punongbayan with accomplice Buenaventura Concepcion. It was alleged that Concepcion befriended Juvie and had later lured her into Alonte’s house […]
G.R. No. L-54597 – 119 SCRA 353 – Political Law – Due Process – Administrative Due Process Dr Anzaldo, 55, had been working in the National Institute of Science and Technology for 28 years. She was holding the position Scientist Research Associate IV when she was appointed as Science […]
GR No. L-49711 – 94 SCRA 261 – Political Law – Due Process – Administrative Due Process – Impartiality ZCM filed an administrative case before the Director of Mines Gozon to have them be declared the rightful and prior locators and possessors of 69 mining claims in Sta. Cruz, […]
G.R. No. 106971 – 214 SCRA 789 – Political Law – HRET’s Composition – Rounding Off After the May 11, 1992 elections, the senate was composed of 15 LDP senators, 5 NPC senators, 3 LAKAS-NUCD senators, and 1 LP-PDP-LABAN senator. To suffice the requirement that each house must have […]