G.R. No. L-53515 – 252 Phil. 27 – 170 SCRA 25 – Labor Law – Management Prerogative – Return of Investments In 1979, San Miguel Corporation implemented its “Complementary Distribution System” (CDS) whereby wholesalers can directly get beer products from any SMC office. The scheme was approved by then […]
Howard
I, _________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in […]
G.R. No. L-6393 – 96 Phil. 504 – Mercantile Law – Transportation -General Averages – Stranding of a Vessel In 1949, SS San Antonio, owned by A. Magsaysay, Inc. (AMInc), embarked on its voyage to Batanes via Aparri. It was carrying various cargoes, one of which was owned by Anastacio […]
G.R. No. L-18770 – 122 Phil. 46 – 14 SCRA 694 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Amnesty; When it cannot be invokedRemedial Law – Criminal Procedure – New Trial – Recantation of Witness Testimony Eugenio Pasilan was a former […]
G.R. No. 48100 – 72 Phil. 4 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Absolute Pardon Gregorio Palatino was the mayor elect of Torrijos, Marinduque. Florencio Pelobello filed a quo warranto proceeding alleging that Palatino is no longer qualified to hold […]
G.R. No. L-18184 – 117 Phil. 170 – 7 SCRA 152 – Political Law – Constitutional Law – The Executive Department – Amnesty – Reversal of the Doctrine Held in the Barrioquinto Case – Admission of Guilt Necessary in Amnesty Vera, together with 92 others were charged for the crime […]
G.R. No. L-22 – 76 Phil. 253 – Political Law – Pardon – Conditional Pardon – How it works after a change of sovereign Jose was charged for violating Act 65 in 1944. Act 65 was an act of the National Assembly of the Philippines while the Japanese were […]
G.R. No. 47941 – 71 Phil. 34 – Political Law – Constitutional Law – The Executive Department – Pardon – Restoration of Civil and Political Rights Santos was convicted of the crime of estafa. He was given pardon by the president but even prior to his pardon he was […]
G.R. No. L-1278 – 82 Phil. 642 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Amnesty Compared w/ Pardon – Admission Not Needed in Amnesty Jimenez and Barrioquinto were charged for murder for the killings they made during the war. The […]
A PARDON is an act of grace by the president which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed.
AMNESTY is an act of the sovereign power granting oblivion or a general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character, such as treason, sedition, or rebellion.
A REPRIEVE is merely a postponement of a sentence to a date certain, or a stay of execution. It may be ordered to enable the government to secure additional evidence to ascertain the guilt of the convict or, in the case of the execution of the death sentence upon a […]
A COMMUTATION is a reduction or mitigation of the penalty, e.g., when the death sentence is reduced to life imprisonment.
G.R. No. L-58289 – 201 Phil. 8 – 115 SCRA 418 – Political Law – Constitutional Law – The Executive Department – Presidential Powers – Other Options Available to the President Aside from Declaring Martial Law – Amendment No. 6 In 1982, after the lifting of Martial Law, Legaspi, […]
G.R. No. L-36188-37586 – 185 Phil. 283 – 96 SCRA 402 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Martial Law as Valid Declaration – Military Courts – Constitutional Allowance In 1972, a Chinaman was kidnapped by allegedly the group of a […]
G.R. No. L-37364 – 63 SCRA 546 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Martial Law – Open Court Theory – Military Courts In September 1972, after the declaration of Martial Law, Ninoy was arrested and was placed under custody. […]