A.C. No. 14378 – Legal Ethics – Grounds for Disbarment – Dishonesty In 2019, Atty. Vanessa Joyce Monge convinced her friend Roan Amor Dator-Miles to invest in Inceptigon. Monge told Roan that she is connected with Inceptigon, a company engaged in the production of electronic vehicles; that they will be […]
Howard
1740 posts
NOTE: This version contains annotations in red to highlight relevant Supreme Court rulings. Crossed out provisions were declared unconstitutional by the Supreme Court. AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and […]
G.R. No. 234255 – 864 Phil. 261 – Civil Law – Law on Property – Remedy to Recover Land Erroneously / Fraudulently Included in Another’s Title; Action for Reconveyance Remedial Law – Civil Procedure – Jurisdiction; Action for Reconveyance – Assessed Value vs Market Value In 1967, Olimpio Pastor sold […]
G.R. No. 212593-94 – 783 Phil. 304 – Political Law – Constitutional Law – Due Process – Preliminary Investigation; No right to cross examine witnesses Due to information from whistleblowers (Benhur Luy, Marina Sula, and Merlina Suñas), Jessica Lucila Reyes, Janet Lim Napoles, Ruby Tuason, and others were investigated by […]
G.R. No. 180564 – 635 Phil. 402 – Political Law – Constitutional Law – Accountability of Public Officers – Ill-Gotten Wealth – Right of Government to Recover Ill-Gotten Wealth Does not Prescribe – When estoppel cannot be applied In 1989, the Philippines, through the Presidential Commission for Good Governance (PCGG), […]
G.R. No. 192791 – 686 Phil. 571 – 670 SCRA 579 – Political Law – Constitutional Law – Constitutional Commissions – Commission on Audit – Appointment – Term and Tenure In February 2001, Guillermo Carague was appointed as the Chair of the Commission on Audit. His term was to expire […]
A.C. No. 7732 – 601 Phil. 470 – 582 SCRA 474 – Political Law – Constitutional Law – Constitutional Commissions – Commission on Elections – The COMELEC Chair and the Commissioners may only be removed by impeachment Legal Ethics – Disbarment – When not proper In 2007, an election case […]
G.R. No. 253199 – 949 Phil. 517 – Political Law – Constitutional Law – Constitutional Commissions – Civil Service Commission Law on Public Officers – Civil Service Law – Prohibition Against Appointments of Losing Candidates – Prohibition Applies in Contracts of Services Legal Ethics – Legal Profession – Lawyer’s Fees; […]
G.R. No. 140335 – 401 Phil. 77 – Political Law – Constitutional Law – The Constitutional Commissions – Commission on Audit – Term of Office of Commissioners In June 1993, Thelma Gaminde was appointed as a Commissioner of the Civil Service Commission. Her term was to expire in February 1999. […]
G.R. No. 250440 – 903 Phil. 314 – Political Law – Constitutional Law – The Judicial Department – The Supreme Court – Hierarchy of Courts – Doctrine of Judicial Courtesy In 2011, Banco Filipino was placed by the Bangko Sentral ng Pilipinas (BSP) under liquidation. The majority stockholders filed a […]
G.R. No. L-23127 – 148 Phil. 443 – Political Law – Constitutional Law – The Judicial Department – Judicial Power – Constitutionality of Laws – Operative Fact Doctrine After the war, the Philippine economy was in shambles. To help those that were indebted, President Sergio Osmeña issued E.O. No. 32 […]
G.R. No. 209551 – 896 Phil. 843 – Political Law – Constitutional Law – The Judicial Department – The Supreme Court – Hierarchy of Courts – The Supreme Court is not a trier of facts Felino Palafox, Jr. was sued by Sen. Edgardo Angara for damages by reason of defamatory […]
G.R. No. 171722 – 776 Phil. 167 – 778 SCRA 189 – Political Law – Constitutional Law – The Judicial Department – The Supreme Court – Powers of the Supreme Court – The Supreme Court is not a Trier of Facts; Exception Burgos won a judgment award against Pascual. Pascual […]
G.R. No. 170512 – 674 Phil. 416 – 658 SCRA 626 – Political Law – Constitutional Law – Bill of Rights – Due Process; Administrative Due Process – Opportunity to be heard; Right to confront witnesses In 2001, Jaime Acero filed a complaint against Antonio Reyes and Angelito Peñaloza. Reyes […]
G.R. No. 114129 – 331 Phil. 838 – 263 SCRA 53 – Political Law – Constitutional Law – Bill of Rights – Due Process; Due Process in the Dismissal of Employees – No right to cross-examine; Hearing not mandatory – Opportunity to be heard Jeremias Cortez, Jr. was hired as […]
G.R. No. 193978 – 683 Phil. 141 – 667 SCRA 150 – Political Law – Constitutional Law – The Judicial Department – Judicial Review – Requisites; Locus Standi – Locus Standi of Lawyers to Question Constitutionality of Laws; When not applicable In 2010, President Benigno Simeon Aquino III issued E.O. […]