G.R. No. 71977 – 148 SCRA 208 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Transfer of Funds – Power of the President to Realign Funds Demetrio Demetria et al as taxpayers and members of the Batasan Pambansa sought to prohibit Manuel Alba, then Minister […]
Howard
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G.R. No. 115455 – 235 SCRA 630 (1994) – 249 SCRA 635 (1995) – Political Law – Constitutional Law – The Legislative Department – Legislative Powers; Power of the Purse – Origination of Revenue Bills – EVAT – Amendment by Substitution Arturo Tolentino et al are questioning the constitutionality of […]
G.R. No. 174340; G.R. No. 174318; G.R. No. 174177 – 504 SCRA 704 – Political Law – Constitutional Law – The Legislative Department – Legislative Powers – Contempt Power; Inquiry in aid of legislation On February 20, 2006, Senator Miriam Defensor-Santiago introduced Senate Res. No. 455 directing an inquiry in […]
G.R. No. L-2855 – 84 Phil. 218 – Political Law – Constitutional Law – Declaration of Principles and State Policies – Universal Declaration of Human Rights – Municipal Law Prevails Over Treaties Boris Mejoff was a Russian citizen who was arrested for being suspected as a Japanese spy after the Philippine liberation. […]
G.R. Nos. 70116-19 – 143 SCRA 397 – Political Law – Basic Concepts – Elements of a State – Sovereignty – Exemption of the State’s Power to Tax – Treaties Frank and James Robertson (brothers) were American citizens born in the Philippines. They stayed here in the Philippines until they […]
G.R. No. L-36409 – 53 SCRA 476 – Political Law – Basic Concepts – Elements of a State – Sovereignty – The Philippines has Sovereignty over Foreign Military Bases within the Philippines Loreta Gozo bought a house and lot which was located inside the US Naval Reservation which is within […]
G.R. No. L-26379 – 141 Phil. 621 – 30 SCRA 968 – Political Law – General Principles – Elements of a State – Sovereignty – The Philippines has Sovereignty over US Military Bases within Philippine Territory – Doctrine of Auto-Limitation Taxation Law – Situs of Taxation – Income Taxation – […]
Three Kinds of a De Facto Government In a proper legal sense, a government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal governments and maintains itself against the will of the latter, such as the government of England […]
G.R. No. 76180 – 145 SCRA 160 – Political Law – Basic Concepts – Elements of a State – Government – De Jure vs De Facto Government Saturnino Bermudez, as a lawyer, questioned the validity of the first paragraph of Section 5 of Article XVIII of the proposed 1986 Constitution, which provides in […]
G.R. No. L-2662 – 83 Phil. 171 – Political Law – Constitutional Law – Declaration of Principles and State Policies – Doctrine of Incorporation; The Hague Convention – Generally Accepted Principles of International Law – The Philippines can try war crimes Shigenori Kuroda was the highest ranking Japanese officer stationed […]
G. R. No. 126627 – 409 SCRA 33 – Mercantile Law – Intellectual Property Law – Law on Patents – Doctrine of Equivalents – Function-Means-and-Result Test Smith Kline is a US corporation licensed to do business in the Philippines. In 1981, a patent was issued to it for its invention entitled […]
G.R. No. L-25843 – 58 SCRA 94 – Political Law – Basic Concepts – Elements of a State – Government – Parens Patriae – Strengthening the Family Florentino Pilapil insured himself and he indicated in his insurance plan that his child will be his beneficiary. He also indicated that if […]
G.R. No. L-34150 – 149 Phil. 1 – 41 SCRA 702 – Political Law – Constitutional Law – Amendment to the Constitution – Doctrine of Proper Submission – No piece-meal submission The Constitutional Convention of 1971 scheduled an advance plebiscite concerning only the proposal to lower the voting age from […]
G.R. No. L-9657 – 100 Phil. 468 – Political Law – Basic Concepts – Elements of a State – Government – Two-fold Function of the Government – Constituent vs Ministrant Functions Leopoldo Bacani and Mateo Matoto were court stenographers assigned in a court in Manila. During the pendency of a particular […]
G.R. No. L-9959 – 35 Phil. 728 – Political Law – Basic Concepts – Elements of a State – Government – Parens Patriae In June 1863 a devastating earthquake occurred in the Philippines. The Spanish Government then provided $400,000.00 as aid for the victims and it was received by the Philippine Treasury. […]
G.R. No. L-58289 – 15 SCRA 418 – Political Law – Basic Concepts – Forms of Government Legaspi, then incumbent member of the interim Batasang Pambansa, petitioned to declare Presidential Decree 1840 “granting tax amnesty and filing of statement of assets and liabilities and some other purposes” unconstitutional. He argued […]