G.R. No. 131925 – 384 Phil. 361 – 327 SCRA 623 – Criminal Law – Book I – Mitigating Circumstances – Incomplete Self-Defense On 26 February 1994, Dario Villoceno and Ramil Sabturani had a fight and they were grappling for the possession of a steel pipe. Dario Cual came to […]
Howard
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G.R. No. L-30642 – 220 Phil. 533 – 136 SCRA 141 – Political Law – Separation of Powers – SC Cannot Legislate; ExceptionStatutory Construction – Determining the Purpose of the Law Perfecto Floresca et al are the heirs of the deceased employees of Philex Mining Corporation who, while working at its […]
Judicial Due Process vs Administrative Due Process Due process of law in administrative cases is not identical with “judicial process” for a trial in court is not always essential to due process. While a day in court is a matter of right in judicial proceedings, it is otherwise in administrative […]
They are: (a) that the court or tribunal trying the case is properly clothed with judicial power to hear and determine the matter before it; (b) that jurisdiction is lawfully acquired by it over the person of the accused; (c) that the accused is given an opportunity to be heard; […]
G.R. No. 86344 – 259 Phil. 980 – 180 SCRA 496 – Political Law – The Legislative Branch – Sec. 18, Art. VI; The Lower House’s 12 Seats in the Commission on Appointments; Apportionment After the 1988 elections, the lower house was dominated by the following parties: Lakas ng […]
G.R. No. 118597 – 246 SCRA 384 – Political Law – HRET’s Jurisdiction – Excess and Lack Thereof After the May 11, 1992 elections, Arroyo was declared as the duly elected Congressman of the lone district of Makati. Arroyo won by 13,559 votes over his opponent. His opponent Syjuco […]
G.R. No. 179813 – 595 Phil. 479 – Political Law – Due Process – Administrative Bodies – HRET – Service of Summons Datu Pax and Montilla were rivals in the Congressional elections in 2007. Datu Pax won the elections. Montilla contested the results of the elections before the HRET. […]
G.R. No. 166809 – 575 Phil. 339 – 552 SCRA 320 – Political Law – Due Process – Administrative Bodies Atty. Erece was the Regional Director CHR Region 1. Macalingay et al were Erece’s subordinates. Macalingay et al were complaining that Erece had continuously denied them from using the […]
G.R. No. 131652 – 350 Phil. 700 – 287 SCRA 245 – Political Law – Due Process in Criminal Proceedings – Waiver of Right to Due Process Alonte was accused of raping Juvie Lyn Punongbayan with accomplice Buenaventura Concepcion. It was alleged that Concepcion befriended Juvie and had later […]
G.R. No. L-54597 – 119 SCRA 353 – Political Law – Due Process – Administrative Due Process Dr. Anzaldo, 55, had been working in the National Institute of Science and Technology for 28 years. She was holding the position Scientist Research Associate IV when she was appointed as Science […]
GR No. L-49711 – 182 Phil. 589 – 94 SCRA 261 – Political Law – Due Process – Administrative Due Process – Impartiality ZCM filed an administrative case before the Director of Mines Gozon to have them be declared the rightful and prior locators and possessors of 69 mining […]
G.R. No. 106971 – 214 SCRA 789 – Political Law – Commission on Appointments’ membership; Apportionment of Senate’s 12 seats – Rounding Off After the May 1992 elections, the senate was composed of 15 LDP senators, 5 NPC senators, 3 LAKAS-NUCD senators, and 1 LP-PDP-LABAN senator. To suffice the […]
Requisites of Administrative Due Process The right to a hearing, which includes the right to present one’s case and submit evidence in support thereof. The tribunal must consider the evidence presented. The decision must have something to support itself. The evidence must be substantial. The decision must be rendered on […]
G.R. No. L-11390 – 37 Phil. 921 – Political Law – Due Process – Judicial Due Process Requisites Engracio Palanca was indebted to El Banco Español-Filipino and he had his parcel of land as security for his debt. His debt amounted to P218,294.10. His property is worth 75k more […]
G.R. No. L-42571-72 – 208 Phil. 490 – 123 SCRA 569 – Political Law – Subject Shall Be Expressed in the Title – Police Power Not Validly Exercise Vicente De La Cruz et al were club & cabaret operators. They assail the constitutionality of Ord. No. 84, Ser. of […]
G.R. No. 74457 – 232 Phil. 615 – 148 SCRA 659 – Political Law – Police Power – Not Validly Exercised There had been an existing law which prohibited the slaughtering of carabaos (EO 626). To strengthen the law, Marcos issued EO 626-A which not only banned the movement […]