G.R. No. 238467 – 846 Phil. 743 – Political Law – Constitutional Law – Powers of the State – Police Power – Characteristics of Police Power In February 2018, Pres. Rodrigo Duterte announced that he will be shutting down Boracay due to its polluted state. On 25 April 2018, Mark […]
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G.R. No. 168289 – 630 Phil. 305 – 616 SCRA 315 – Political Law – Constitutional Law – State Immunity From Suit – Execution of Judgment against the State – Preliminary Attachment Not Allowed against the State In 2000, Mayor Felix Ople of Hagonoy, Bulacan, approached Emily Rose Go Ko […]
G.R. Nos. 89898-99 – 268 Phil. 215 – 190 SCRA 206 – Political Law – Constitutional Law – State Immunity From Suit – Execution Against the State In 1986, Makati expropriated the property of Admiral Finance Creditors Consortium, Inc. (AFCCI). Makati opened a bank account with PNB from where the […]
G.R. No. 171182 – 693 Phil. 226 – 679 SCRA 54 – Political Law – Constitutional Law – State Immunity From Suit – Waiver of Immunity – Consent to be Sued is not Consent of Liability In 1990, the University of the Philippines entered into a construction agreement with Stern […]
G.R. No. 167000 – 666 Phil. 277 – 651 SCRA 279 – Political Law – Constitutional Law – State Immunity From Suit – Consent to be Sued; Consent by Law – GSIS Law In 1974, Lapu-Lapu Development & Housing Corporation (LDHC) obtained a Php25M loan from the Government Service Insurance […]
G.R. No. L-55963 – 259 Phil. 302 – 194 SCRA 486 – Political Law – Constitutional Law – State Immunity from Suit – Consent to be Sued – Consent by Law; Art. 2180; Civil Code – Liability of the State for Tortious Acts of its Employees In August 1976, Hugo […]
G.R. No. L-30671 – 153 Phil. 356 – 54 SCRA 84 – Political Law – Constitutional Law – State Immunity from Suit – Waiver of Immunity – Scope of Waiver In 1961, International Construction Corporation (ICC) won an arbitration case against arbitration case against the Philippines. In 1969, the ICC […]
G.R. No. 236628 – 933 Phil. 889 – Criminal Law – Special Penal Laws – R.A. No. 7610; Anti-Child Abuse Law – Section 10a – Specific Criminal Intent In March 2014, police officer Marvin San Juan scolded several children who were loitering at a basketball court. San Juan made a […]
G.R. No. 246017 – 890 Phil. 1159 – Criminal Law – Special Penal Laws – R.A. No. 7610; Anti-Child Abuse Law – Section 10(a) – Specific Criminal Intent to Debase In February 2014, Maria Consuelo Malcampo-Repollo, a teacher, pinched and slapped her minor student AAA. Her actions caused extreme fear […]
G.R. No. 258710 – Criminal Law – Elements of a Crime – Overt Act – Making a statement agreeing to commit a crime is not an overt act In 2009, the Ampatuan family agreed to murder the Mangudadatu family. They had a meeting on 20 July 2009 and this was […]
G.R. No. 80018 – 261 Phil. 777 – 182 SCRA 644 – Political Law – Constitutional Law – State Immunity From Suit – Suit Against Public Officers in their Official Acts; Immunity applies Consolidated with US vs Guinto Luis Bautista was employed by the US Air Force, Clark, Pampanga. He […]
G.R. No. 79470 – 261 Phil. 777 – 182 SCRA 644 – Political Law – Constitutional Law – State Immunity From Suit – Waiver of Immunity – Waiver by entering into a commercial contract Consolidated with US vs Guinto Fabian Genove was a cook at the US Air Force Recreation […]
G.R. No. 76607 – 261 Phil. 777 – 182 SCRA 644 – Political Law – Constitutional Law – State Immunity From Suit – Waiver of Immunity – Waiver by entering into a commercial contract In 1986, the US Air Force stationed in Clark Air Base, Pampanga, through public bidding, solicited […]
G.R. No. 108813 – 239 SCRA 224 – Political Law – Constitutional Law – State Immunity From Suit – Waiver of Immunity – Waiver by Commercial Contract – No waiver if contract is in exercise of governmental functions Florencio Sacramento was a security guard for JUSMAG (Joint United States Military […]
G.R. No. L-8587 – 107 Phil. 344 – Political Law – Constitutional Law – State Immunity From Suit – Waiver of Immunity – Waiver by initiating suit; when not applicable In 1950, Benito Lim, Jr. filed a recovery of possession with damages case against the Philippine Alien Property Administrator of […]
G.R. No. L- 6060 – 95 Phil. 905 – Political Law – Constitutional Law – State Immunity from Suit – Waiver of Immunity – When the State initiates suit In 1950, Fernando Froilan bought on installment a ship from the Shipping Commission (a government entity later named as the Shipping […]