G.R. No. L-17144 – 109 Phil. 863 – Political Law – Constitutional Law – The Legislative Department – Parliamentary Immunity In June 1960, Congressman Sergio Osmeña, Jr. delivered a speech entitled “A Message to Garcia”. In the said speech, he disparaged then President Carlos Garcia and his administration. Subsequently, House […]
Howard
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G.R. No. L-34022 – 44 SCRA 22 – Political Law – Constitutional Law – The Legislative Department – Immunity from Arrest under the 1935 Constitution Manuel Martinez and Fernando Bautista, Sr. were delegates to the 1972 Constitutional Convention. Both were facing criminal prosecutions. Martinez was charged for falsification of a public document before the sala of Judge […]
G.R. No. L-59068 – 120 SCRA 337 – Political Law – Basic Principles; Three Branches of Government – Separation of Powers – The Legislative – Election of Members – Supreme Court cannot Compel COMELEC to Fill In Vacancy in Congress Jose Mari Eulalio Lozada together with Romeo Igot filed a […]
G.R. No. 142840 – 357 SCRA 545 – Political Law – Constitutional Law – The Legislative Department – “Natural Born” Requirement – Requirements to be a Congressman Antonio Bengson III and Teodoro Cruz were rivals in the 1998 elections in the 2nd District of Pangasinan. Cruz won by a significant margin […]
In an election, the 2nd placer has no right to take the contested public office if the winner is disqualified AFTER the election. But if the decision of disqualification is made BEFORE the election yet the people still voted for the disqualified candidate then the 2nd highest vote getter may be […]
G.R. No. 158466 – 432 SCRA 144 – Political Law – Constitutional Law – The Legislative Department – Labo Doctrine; Second Placer Cannot Be Declared the Winner Political Law – Constitutional Law – Election Law – Labo Doctrine; Second Placer Cannot Be Declared the Winner In May 2001, Mario Crespo, also known as […]
G.R. No. 178678 – 585 SCRA 557 – Political Law – Constitutional Law – The Legislative Department – Party-List Representation – Leadership Disputes Within a Party List – Electioneering Mercantile Law – Corporation Law – Hold-Over Principle In 1999, Melquiades Robles was elected president and chairperson of BUHAY, a party-list group duly […]
G.R. No. 179271 – 586 SCRA 210 – Political Law – Constitutional Law – The Legislative Department – Party List System; Proportional Representation; Proper Computation Statutory Construction – Rule in Interpreting the Constitution – Intent of the Framers vs Intent of the People NOTE: This case is consolidated with BAYAN Muna […]
G.R. No. L-34676 – 56 SCRA 823 – Political Law – Constitutional Law – The Legislative Department – Salaries of Representatives – Other Emoluments; Retirement Benefits Benjamin Ligot served as a member of the House of Representatives for three consecutive four-year terms covering a twelve-year span from December 30, 1957 […]
G.R. No. L-23326 – 15 SCRA 479 – Political Law – Constitutional Law – The Legislative Department – Salaries of the Members of Congress – Other Emolument Philippine Constitution Association, Inc. (PHILCONSA) assails the validity of Republic Act No. 3836 insofar as the same allows retirement gratuity and commutation of […]
G.R. No. 161658 – 570 SCRA 410 – Political Law – Constitutional Law – The Legislative Department; Qualifications of a Senator / Member of the House of Representatives NOTE: This is consolidated with Laserna vs Dangerous Drugs Board (G.R. No. 158633) and Social Justice Society vs Dangerous Drugs Board (G.R. […]
Political Law – Delegation of Powers – Administrative Bodies Hiu Chiong Tsai Pao Ho was a Chinese national employed in the City of Manila. On 27 March 1968, then Manila Mayor Antonio Villegas signed Ordinance No. 6537. The said ordinance prohibits foreign nationals from being employed within the City of […]
G.R. Nos. L-46076 to L-46077 – 68 Phil. 328 – Political Law – Basic Principles; Separation of Powers – Delegation of Power; Undue Delegation of Legislative Powers – Sufficient Standard Test; Public Interest as Sufficient Standard Jacob Rosenthal and Nicasio Osmeña were founders and shareholders of the ORO Oil Company. […]
G.R. No. 4349 – 11 Phil. 327 – Political Law; Basic Principles – Separation of Power; Delegation of Power; Undue Delegation of Legislative Power In 1904, Congress, through a law (Act No. 1136), authorized the Collector of Customs to regulate the business of lighterage. Lighterage is a business involving the […]
G.R. No. 84818 – 180 SCRA 218 – Political Law – basic Prcinciples; Separation of Powers – Delegation of Power; Undue Delegation of Legislative Power – Sufficient Standard Test By virtue of Republic Act No. 5514, the Philippine Communications Satellite Corporation (PHILCOMSAT) was granted the authority to “construct and operate […]
220 U.S. 506 – Political Law – Basic Principles; Separation of Power – Delegation of Power; Undue delegation of legislative power – Authority to make administrative rules The US Congress, through the Forest Reserve Act of 1891, provided that the management and regulation of forest reserves should be conferred to […]