Judicial Power Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of […]
Monthly Archives: October 2011
G.R. No. L-21897 – 9 SCRA 230 – Political Law – Constitutional Law – The Judicial Department – Powers of the Judiciary – Judicial Review – Nullification of Treaties – Treaty vs Executive Agreements During the term of President Diosdado Macapagal, he entered into two executive agreements with Vietnam and […]
G.R. No. L-47329 – 80 SCRA 538 – Political Law – Constitutional Law – The Executive Department – Powers of the President – President’s Immunity From Suit In December 1977, a referendum was scheduled to be held. The purpose of which was to merge the office of the Prime […]
G.R. No. L-14279 – 3 SCRA 351 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Treaties vs Executive Agreements – Executive Agreements do not need senate concurrence Eastern Sea Trading (EST) was a shipping company which imports onion and garlic from […]
G.R. No. 175888; G.R. No. 176051; G.R. No. 176222 – 578 SCRA 438 – Political Law – Constitutional Law – Validity of the Visiting Forces Agreement (VFA) Equal Protection Clause – Valid classification in favor of foreign troops **This case was consolidated with Salonga vs Daniel Smith & BAYAN […]
G.R. No. 82585 – 167 SCRA 393 – Political Law – Constitutional Law – President’s Immunity From Suit – Must Be Invoked by the President Bill of Rights – Personal Examination by the Judge in Determining Probable Cause Luis Beltran was a columnist for the newspaper Philippine Star. Maximo […]
104 Phil. 868 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Power to Deport an Undesirable Alien Tan Sin was a Chinese residing in Pasay. In December 1953, he was convicted of the crime of estafa. He was sentenced to jail. […]
G.R. No. 76872 – 152 SCRA 272 – Political Law – Constitutional Law – The Executive Department – Powers of the President; Pardon – Pardon Not Subject to Judicial Review/Scrutiny In 1978, Wilfredo Torres was convicted of estafa. In 1979, he was pardoned by the president with the condition […]
G.R. No. 78780 – 152 SCRA 284 – Political Law – Constitutional Law – The Judicial Department – Judicial Autonomy – Income Tax Payment By The Judiciary Judge David Nitafan and several other judges of the Manila Regional Trial Court seek to prohibit the Commissioner of Internal Revenue (CIR) from […]
G.R. No. L-33112 – 83 SCRA 595 – Political Law – Constitutional Law – Immunity of the State from Suit The Philippine Virginia Tobacco Administration, a government owned and controlled corporation lost a case and was directed to pay damages. The decision became final and so upon motion, Judge […]
G.R. No. L-48214 – 87 SCRA 294 – Political Law – Constitutional Law – Immunity of the State from Suit; When is it Deemed Waived In January 1971, Ildefonso Santiago donated a parcel of land to the Bureau of Plant Industry. The terms of the donation are: that the […]
222 SCRA 644 – Political Law – Constitutional Law – Academic Freedom – Power of Schools to Dismiss Erring Students On February 8, 9, and 10 of 1991, a fraternity in Ateneo Law School named Aquila Legis conducted its initiation rites upon neophytes. Unfortunately, one neophyte died as a […]
G.R. No. 96681 – 204 SCRA 483 – Political Law – Constitutional Law – The Constitutional Commissions – Commission on Human Rights – Adjudicatory Power of the CHR On September 17, 1990, some 800 public school teachers in Manila did not attend work and decided to stage rallies in […]
G.R. No. 93867 – 192 SCRA 358 – Political Law – Constitutional Law – Constitutional Commissions – The Commission on Elections – COMELEC’s Constitutional Independence In December 1989, a coup attempt occurred prompting the president to create a fact finding commission which would be chaired by Hilario Davide. Consequently […]
G.R. No. L-42428 – 121 SCRA 51 – Political Law – Constitutional Law – Bill of Rights – Rights of the Accused; Right to Speedy Trial – Promulgation vs Rendition of Judgment – Constitutional Period to Decide not Mandatory Bernardino Marcelino was indicted for rape. On August 4, 1975, the prosecution […]