G.R. No. L-41053 – 69 SCRA 556 – Remedial Law – Civil Procedure – Rule 16; Motion to Dismiss; Grounds – Res Judicata – Interlocutory Order – When is an order appealable In 1962, Pedro San Miguel filed a partition case against Pablo San Miguel involving a parcel of land (Lot […]
Case Digest
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G.R. No. L-42821 – 68 Phil. 912 (299 U.S. 410) – Political Law – Constitutional Law – The Executive Department – Powers of the President – Veto Power – Line item Veto Juan Bengzon was appointed as Justice of the Peace in 1912 in Lingayen, Pangasinan. Upon reaching 65 years […]
G.R. No. L-2044 – 84 Phil. 368 – Political Law – Basic Concepts – Elements of a State – Government – Branches of the Government – Separation of Powers – First Emergency Powers Cases – Lawmaking power is lodged in the legislature Antonio Araneta is being charged for allegedly violating of […]
G.R. No. 72492 – 155 SCRA 421 – Political Law – Municipal Corporations – The Sanggunian – Powers of the Sanggunian – Inquiry in Aid of Legislation; No contempt power In 1985, the Sangguniang Panlungsod (SP) of Dumaguete sought to conduct an investigation in connection with pending legislation related to […]
G.R. No. L-6266 – 92 Phil. 603 – Political Law – Basic Concepts – Elements of a State – Government – Branches of the Government – Separation of Powers – Second Emergency Powers Cases – Lawmaking power is lodged in the legislature Eulogio Rodriguez et al seek to invalidate Executive […]
G.R. No. 71977 – 148 SCRA 208 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Transfer of Funds – Power of the President to Realign Funds Demetrio Demetria et al as taxpayers and members of the Batasan Pambansa sought to prohibit Manuel Alba, then Minister […]
G.R. No. 115455 – 235 SCRA 630 (1994) – 249 SCRA 635 (1995) – Political Law – Constitutional Law – The Legislative Department – Legislative Powers; Power of the Purse – Origination of Revenue Bills – EVAT – Amendment by Substitution Arturo Tolentino et al are questioning the constitutionality of […]
G.R. No. 174340; G.R. No. 174318; G.R. No. 174177 – 504 SCRA 704 – Political Law – Constitutional Law – The Legislative Department – Legislative Powers – Contempt Power; Inquiry in aid of legislation On February 20, 2006, Senator Miriam Defensor-Santiago introduced Senate Res. No. 455 directing an inquiry in […]
G.R. No. L-2855 – 84 Phil. 218 – Political Law – Constitutional Law – Declaration of Principles and State Policies – Universal Declaration of Human Rights – Municipal Law Prevails Over Treaties Boris Mejoff was a Russian citizen who was arrested for being suspected as a Japanese spy after the Philippine liberation. […]
G.R. Nos. 70116-19 – 143 SCRA 397 – Political Law – Basic Concepts – Elements of a State – Sovereignty – Exemption of the State’s Power to Tax – Treaties Frank and James Robertson (brothers) were American citizens born in the Philippines. They stayed here in the Philippines until they […]
G.R. No. L-36409 – 53 SCRA 476 – Political Law – Basic Concepts – Elements of a State – Sovereignty – The Philippines has Sovereignty over Foreign Military Bases within the Philippines Loreta Gozo bought a house and lot which was located inside the US Naval Reservation which is within […]
G.R. No. L-26379 – 141 Phil. 621 – 30 SCRA 968 – Political Law – General Principles – Elements of a State – Sovereignty – The Philippines has Sovereignty over US Military Bases within Philippine Territory – Doctrine of Auto-Limitation Taxation Law – Situs of Taxation – Income Taxation – […]
G.R. No. 76180 – 145 SCRA 160 – Political Law – Basic Concepts – Elements of a State – Government – De Jure vs De Facto Government Saturnino Bermudez, as a lawyer, questioned the validity of the first paragraph of Section 5 of Article XVIII of the proposed 1986 Constitution, which provides in […]
G.R. No. L-2662 – 83 Phil. 171 – Political Law – Constitutional Law – Declaration of Principles and State Policies – Doctrine of Incorporation; The Hague Convention – Generally Accepted Principles of International Law – The Philippines can try war crimes Shigenori Kuroda was the highest ranking Japanese officer stationed […]
G. R. No. 126627 – 409 SCRA 33 – Mercantile Law – Intellectual Property Law – Law on Patents – Doctrine of Equivalents – Function-Means-and-Result Test Smith Kline is a US corporation licensed to do business in the Philippines. In 1981, a patent was issued to it for its invention entitled […]
G.R. No. L-25843 – 58 SCRA 94 – Political Law – Basic Concepts – Elements of a State – Government – Parens Patriae – Strengthening the Family Florentino Pilapil insured himself and he indicated in his insurance plan that his child will be his beneficiary. He also indicated that if […]