G.R. No. L-19650 – 124 Phil. 763 – 18 SCRA 247 – Statutory Construction – Construction; defined – Noscitur A Sociis In 1960, Caltex (Philippines), Inc. announced its Caltex Hooded Pump Contest. The mechanics of the contest were as follows: 1. Participants must estimate the actual number of liters a […]
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G.R. No. L-45987 – 68 Phil. 12 – Political Law – Constitutional Law – Equal Protection – Requisites of a Valid Classification – Prohibition from Drinking Gin In 1937, there existed a law, Act No. 1639 otherwise known as AN ACT TO PROHIBIT THE SALE, GIFT, OR OTHER DISPOSAL OF […]
G.R. No. L-52245 – 180 Phil. 369 – 95 SCRA 392 – Political Law – Constitutional Law – Equal Protection – Eligibility to Office after Being 65Judicial Review; Requisites thereof Patricio Dumlao was the former governor of Nueva Vizcaya. He has already retired from his office and he has been […]
G.R. No. L-46496 – 69 Phil. 635 – Political Law – Constitutional Law – Due Process in Administrative BodiesRemedial Law – Civil Procedure – Motion For New Trial; Grounds Toribio Teodoro owns and operates Ang Tibay, a leather company which supplies the Philippine Army. Due to alleged shortage of leather, […]
The requirement of territorial jurisdiction means that a criminal action should be filed in the place where the crime was committed, except in those cases provided by Article 2 of the Revised Penal Code.
G.R. No. 117565 – 346 Phil. 807 – 282 SCRA 125 (89 SCAD 151) – Political Law – Constitutional Law – Due Process; Administrative Bodies – Assistance by CounselLaw on Public Officers – Right to Due Process – Public Office is Not a PropertyArsenio Lumiqued was the Regional Director of […]
The requisites to be complied with are: (1) must rest on substantial distinctions; (2) must be germane to the purposes of the law; (3) must not be limited to existing conditions only; and (4) must apply equally to all members of the same class. ** Taken from People of the […]
G.R. No. 92163 – 264 Phil. 593 – 186 SCRA 217 – Political Law – Separation of Powers – SC Cannot Change LawStatutory Construction – The Court Can Only Interpret LawsCriminal Law – Complex Crimes – Compound Crimes – Rebellion Absorbs Common CrimesRemedial Law – Criminal Procedure – Bail; When […]
Jurisdiction is determined by the law as of the time when the action is filed, not when the offense was committed. The exception to this rule is where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense. In […]
It is the power to hear and determine cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers. Jurisdiction over the offense or over the subject matter refers to the power of a […]
The requisites for a valid exercise of criminal jurisdiction are: 1. Jurisdiction over the person of the accused 2. Jurisdiction over the territory where the offense was committed 3. Jurisdiction over the offense (subject matter)
Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment for it. In People of the Philippines vs Mariano (71 SCRA 660), it is defined as the authority to hear and decide a particular offense and impose the corresponding punishment for it. In Lumpay […]
Venue is defined as the particular country or geographical area in which a court with jurisdiction may hear and determine a case. It means the place of trial. On the other hand, jurisdiction is the power of the court to decide the case on the merits. Venue is thus procedural, […]
Jurisdiction (in general) is the power or authority given by the law to a court or tribunal to hear and determine certain controversies. It is the power of courts to hear and determine a controversy involving rights which are demandable and enforceable.
G.R. No. L-30026 – 37 SCRA 420 – Political Law – Constitutional Law – Bill of Rights – Equal Protection – Hernandez Doctrine Mario Gumabon et al were charged with rebellion punished under Art. 134 of the Revised Penal Code. Their offense was complexed with multiple murder, robbery, arson, and […]
Yes, unlike jurisdiction over the offense which is conferred by law or the Constitution, jurisdiction over the person of the accused may be waived. For example, any objection to the procedure leading to the arrest must be opportunely raised before the accused enters his plea, or it is deemed waived. […]