G.R. No. 175888; G.R. No. 176051; G.R. No. 176222 – 578 SCRA 438 – Political Law – Constitutional Law – Validity of the Visiting Forces Agreement (VFA) Equal Protection Clause – Valid classification in favor of foreign troops **This case was consolidated with Salonga vs Daniel Smith & BAYAN vs […]
Case Digest
G.R. No. 82585 – 167 SCRA 393 – Political Law – Constitutional Law – President’s Immunity From Suit – Must Be Invoked by the President Bill of Rights – Personal Examination by the Judge in Determining Probable Cause Luis Beltran was a columnist for the newspaper Philippine Star. Maximo Soliven […]
104 Phil. 868 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Power to Deport an Undesirable Alien Tan Sin was a Chinese residing in Pasay. In December 1953, he was convicted of the crime of estafa. He was sentenced to jail. When […]
G.R. No. 76872 – 152 SCRA 272 – Political Law – Constitutional Law – The Executive Department – Powers of the President; Pardon – Pardon Not Subject to Judicial Review/Scrutiny In 1978, Wilfredo Torres was convicted of estafa. In 1979, he was pardoned by the president with the condition that […]
G.R. No. 78780 – 152 SCRA 284 – Political Law – Constitutional Law – The Judicial Department – Judicial Autonomy – Income Tax Payment By The Judiciary Judge David Nitafan and several other judges of the Manila Regional Trial Court seek to prohibit the Commissioner of Internal Revenue (CIR) from making […]
G.R. No. L-33112 – 83 SCRA 595 – Political Law – Constitutional Law – Immunity of the State from Suit The Philippine Virginia Tobacco Administration, a government owned and controlled corporation lost a case and was directed to pay damages. The decision became final and so upon motion, Judge Javier […]
G.R. No. L-48214 – 87 SCRA 294 – Political Law – Constitutional Law – Immunity of the State from Suit; When is it Deemed Waived In January 1971, Ildefonso Santiago donated a parcel of land to the Bureau of Plant Industry. The terms of the donation are: that the Bureau […]
222 SCRA 644 – Political Law – Constitutional Law – Academic Freedom – Power of Schools to Dismiss Erring Students On February 8, 9, and 10 of 1991, a fraternity in Ateneo Law School named Aquila Legis conducted its initiation rites upon neophytes. Unfortunately, one neophyte died as a result […]
G.R. No. 96681 – 204 SCRA 483 – Political Law – Constitutional Law – The Constitutional Commissions – Commission on Human Rights – Adjudicatory Power of the CHR On September 17, 1990, some 800 public school teachers in Manila did not attend work and decided to stage rallies in order […]
G.R. No. 93867 – 192 SCRA 358 – Political Law – Constitutional Law – Constitutional Commissions – The Commission on Elections – COMELEC’s Constitutional Independence In December 1989, a coup attempt occurred prompting the president to create a fact finding commission which would be chaired by Hilario Davide. Consequently he […]
G.R. No. L-42428 – 121 SCRA 51 – Political Law – Constitutional Law – Bill of Rights – Rights of the Accused; Right to Speedy Trial – Promulgation vs Rendition of Judgment – Constitutional Period to Decide not Mandatory Bernardino Marcelino was indicted for rape. On August 4, 1975, the prosecution finished […]
G.R. No. 118506 – 338 Phil. 386 – 271 SCRA 670 – Labor Law – Labor Standards – Wages – Facilities vs Supplements Norma Mabeza was an employee hired by Hotel Supreme in Baguio City. In 1991, an inspection was made by the Department of Labor and Employment (DOLE) at […]
G.R. No. 118506 – 338 Phil. 386 – 271 SCRA 670 – Labor Law – Labor Relations – Post-Employment – Abandonment of Work – Loss of Confidence Norma Mabeza was an employee hired by Hotel Supreme in Baguio City. In 1991, an inspection was made by the Department of Labor […]
G.R. No. 123880 – 363 Phil. 163 – 303 SCRA 540 – Labor Law – Labor Standards – Working Conditions and Rest Periods Post-Employment – Illegal Dismissal Eddie Damalerio was a roomboy for Maranaw Hotels. One day, he was cleaning the room of one of the guests when he saw […]
G.R. No. 111988 – 237 SCRA 621 – Labor Law – Labor Standards – Working Conditions and Rest Periods – Holiday Pay – SK Elections Associated Labor Union entered into a Collective Bargaining Agreement (CBA) with AMS Farming Corporation in 1990. The CBA was to be effective from 1990 to […]
G.R. No. 65482 – 240 Phil. 27 – 156 SCRA 27 – Labor Law – Labor Standards – Working Conditions and Rest Periods – Holiday PayThe National Alliance of Teachers sued Jose Rizal College for alleged nonpayment of unworked holidays from 1975 to 1977. The members of the Alliance concerned […]