G.R. No. 203335 – 727 Phil. 28; 733 Phil. 717 – Political Law – Constitutional Law – Bill of Rights – Constitutionality of the Anti-Cybercrime Prevention Act of 2012 FACTS ISSUE RULING Search and Seizure Section 15 of RA 10175 provides: Within the time period specified in the warrant, to […]
Howard
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G.R. No. 199082 – 695 Phil. 302 – Political Law – Constitutional Law – Bill of Rights – Equal Protection Clause In 2011, alleged evidence pointing to massive electoral fraud and manipulation of election results in the 2004 and 2007 surfaced. As a result, the COMELEC issued a resolution creating […]
G.R. No. 192935 – 651 Phil. 374 – Political Law – Constitutional Law – Bill of Rights – Equal protection Clause – Valid Classification – Tests in Determining Valid Classification – Rational Basis Test, Strict Scrutiny Test, Intermediate Scrutiny Test Upon assumption of office, President Benigno Aquino III issued Executive […]
G.R. No. 204819 – 732 Phil. 1 – Political Law – Constitutional Law – Equal Protection Clause – Reproductive Health Law is not in violation of the equal protection clause Conscientious Objectors May Not Be Forced to Implement Law and its IRR; Except in life-and-death situations Advocates against the Reproductive […]
G.R. No. 158693 – 485 Phil. 248 – Labor Law – Labor Relations – Termination of Employment – Just Causes – Abandonment of Work – Agabon Doctrine Post-Employment – Twin Notice Rule Political Law – Constitutional Law – Bill of Rights – Constitutional Due Process vs Statutory Due Process Spouses […]
G.R. No. 184343 – 599 Phil. 589 – Criminal Law – Exempting Circumstances – Insanity – Schizophrenia; Must be proven to exist at the time of the crime In March 2000, Jesus Domingo had a check-up because he was suffering sleepless nights and would often hear voices telling him to […]
G.R. No. 266371 – Political Law – Constitutional Law – Bill of Rights – Right to Speedy Trial – Barker Balancing Test – Right Must Be Timely Invoked – Exception; Gross Negligence of Defense Counsel In June 2003, Randy Dela Cruz and Ricky Vidanes were indicted for homicide. They were […]
G.R. No. 255749 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Warrantless Search – Incidental to Lawful Arrest vs Plain View Remedial Law – Chain of Custody – Marking of Drug Evidence – Inadmissible if Marked Belatedly In August 2017, a buy-bust operation […]
G.R. No. 269921 – Remedial Law – Civil Procedure – Rule 70 – Ejectment vs Accion Publiciana Civil Law – Property – Recovery of Possession – Accion Publiciana Lea Victa-Espinosa had her land surveyed. The survey result showed that Spouses Noel and Leny Agullo were occupying a portion of Lea’s […]
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 […]
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 […]