G.R. No. 179462 – 598 Phil. 464 – 578 SCRA 648 – Political Law – Due Process – Right to Counsel Pedro Consulta was indicted for stealing a gold necklace worth 3.5k owned by a certain Silvestre. He was convicted by the lower court. Consulta raised before the CA […]
Howard
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G.R. No. L-46392 – 229 Phil. 362 – 145 SCRA 360 – Political Law – Due Process Emma Delgado together with 3 others were charged with estafa. Delgado was assisted by one Atty. Yco. Atty. Yco has filed for multiple postponement of trial and one time he failed to […]
G.R. No. 126995 – 357 Phil. 762 – 247 SCRA 127 – Political Law – Due Process Imelda was charged together with Jose Dans for Graft & Corruption for a dubious transaction done in 1984 while they were officers transacting business with the Light Railway Transit. The case was […]
G.R. No. L-37051 – 173 Phil. 528 – 78 SCRA 485 – Political Law – Due Process – Hearing Lorenzana was renting a parcel of land from the Manila Railroad Company (later from the Bureau of Lands). She later purchased the land (San Lazaro Estate). She had the property […]
G.R. No. L-49360 – 183 Phil. 315 – 94 SCRA 707 – Political Law – Due Process – Hearing David has a large parcel of land in Polomolok, Cotabato. He let Felomeno Jugar and Ricardo Jugar tend and caretake separate portions of his land in 1971. The land is […]
G.R. Nos. L-69640-45 – 220 Phil. 644 – 136 SCRA 266 – Political Law – Due Process – Hostility Between the Judge and the Parties – Inhibition Paderanga was the mayor of Gingoog City, Misamis Oriental. He petitioned that J Azura inhibits himself from deciding on pending cases brought […]
G.R. No. L-52241 – 218 Phil. 259 – 133 SCRA 271 – Political Law – Due Process – Impartial and Competent Court Rosalinda Tecson filed a case for collection of sum of money before the Rizal RTC against Pedro Azul. The case was raffled to Judge Sarmiento. On 27 […]
“Taking” under the concept of eminent domain is entering upon private property for more than a momentary period, and, under the warrant or color of legal authority, devoting it to a public use, or otherwise informally appropriating or injuriously affecting it in such a way as to substantially oust the […]
Police Power vs Eminent Domain The power of eminent domain is the inherent right of the state (and of those entities to which the power has been lawfully delegated) to condemn private property to public use upon payment of just compensation. On the other hand, police power is the power […]
They are: (1) the expropriator must enter a private property; (2) the entry must be for more than a momentary period. (3) the entry must be under warrant or color of legal authority; (4) the property must be devoted to public use or otherwise informally appropriated or injuriously affected; (5) […]
Presidential Immunity From Suit In the 1973 Constitution, Sec 17, Art 7 thereof provides: The President shall be immune from suit during his tenure. Thereafter, no suit shall lie for official acts done by him or by others pursuant to his specific orders during his tenure. The above provision has […]
The Supreme Court noted that for an ordinance to be valid, it must not only be within the corporate powers of the local government unit to enact and must be passed according to the procedure prescribed by law, it must also conform to the following substantive requirements: (1) must not […]
G.R. No. 157882 – 520 Phil. 457 – 485 SCRA 586 – Political Law – Constitutional Law – Police Power – Eminent Domain In 1987, EO 279 was promulgated which allowed the DENR Secretary to allow foreign corporations to conduct mining explorations in the Philippines. In 1994, the government […]
G.R. No. L-61311 – 238 Phil. 136 – 154 SCRA 142 – Political Law – Police Power Cannot Be Bargained Away Through a ContractCivil Law – Law on Property – A public plaza is beyond the commerce of man In 1961, the municipal council of San Fernando, Pampanga, through a […]
G.R. No. L-59234 – 202 Phil. 925 – 119 SCRA 597 – Political Law – Constitutional Law – Police Power Petitioner Taxicab Operators of Metro Manila, Inc. (TOMMI) is a domestic corporation composed of taxicab operators, who are grantees of Certificates of Public Convenience to operate taxicabs within the City […]
G.R. No. L-5060 – 15 Phil. 85 – Political Law – Police Power – Limitations on Private Ownership – General Welfare Sometime in the 1900s, Toribio applied for a permit to have his carabao slaughtered for human consumption. His request was denied because his carabao was found not unfit […]