G.R. No. 164953 – 517 Phil. 588 – 482 SCRA 396 – Legal Ethics – Duty of Counsel; Speedy Trial; Unreasonable delay of arraignment Political Law – Constitutional Law – Bill of Rights; Rights of the Accused – Right to Counsel de Oficio Even if Represented by Counsel de Parte […]
Political Law
G.R. No. 118435 – 274 SCRA 553 – Legal Ethics – Duty of Counsel de Oficio Political Law – Constitutional Law – Bill Of Rights; Rights of the Accused – Right to Counsel; Limitations; Uncooperative Accused In January 1991, Mario Serzo, Jr. was arraigned scheduled for arraignment for murder but […]
G.R. No. 124342 – 377 Phil. 904 – 320 SCRA 61 – Remedial Law – Criminal Procedure – Rule 110; Information – Time of Commission of the Offense Must Be Alleged as Close to the Actual Date Political Law – Constitutional Law – Bill of Rights – Rights of the […]
G.R. No. 2821 – 6 Phil. 413 – Political Law – Constitutional Law – Bill of Rights – Rights of the Accused – Right to Confront Witnesses; Right may be waivedIn the 1900s, Mariano Anastasio was charged with Attempted Rape. Trial ensued however, after the prosecution presented its evidence, the […]
A.M. No. RTJ-20-2579 – Legal Ethics – Judicial Ethics – Serious Misconduct – Gross Ignorance of the Law Political Law – Constitutional Law – Bill of Rights – Illegal Search and Seizure – Fruit of the Poisonous Tree – Exceptions; Independent Source, Inevitable Discovery – Right to Privacy of Government […]
G.R. No. 257401 / G.R. No. 257916 – Political Law – Constitutional Law – The Legislative Department – Inquiry in Aid of Legislation – Senate’s Contempt Power Must be Exercised with Due Process **This case was consolidated with Michael Yang vs Senate Committee on Accountability of Public Officers and Investigations […]
G.R. No. 242957 – Remedial Law – Special Proceedings – Special Writs – Petition for Writ of Habeas Corpus – When not proper; Not proper to question administrative warrants Political Law – Constitutional Law – Bill of Rights – Right to Liberty – Writ of Habeas Corpus – Administrative Warrants […]
G.R. No. 187175 – Criminal Law – Special Penal Laws – R.A. No. 9262; VAWC Law – The Anti-Violence against Women and their Children Act is Constitutional Political Law – Constitutional Law – The Judiciary; Judicial Power – Judicial Review – Power to Declare Statutes Unconstitutional; When Proper – Constitutionality […]
G.R. No. 180917 – 633 Phil. 325 – 619 SCRA 313 – Legal Ethics – Practice of Law – Legal Counselling – A lawyer must not give illegal advice Political Law – Administrative Law – Administrative Cases – Condonation Doctrine Atty. Vicente Salumbides, Jr. was the legal officer of Tagkawayan, […]
G.R. No. 105111 – G.R. No. 105384 – 257 Phil. 1 – 211 SCRA 297 – Political Law – Law on Public Officers – Election Laws – Labo Doctrine; Second Placer Does Not Win the Election in the Event the First Placer is Disqualified After being disqualified in the previous […]
A.M. No. 02-1-27-MCTC – 431 Phil. 408 – 381 SCRA 655 – Legal Ethics – Judicial Ethics – Grave Misconduct – MTCs cannot issue hold-departure ordersPolitical Law – Constitutional Law – Bill of Rights – Right to Travel; Freedom of Movement In 1998, two criminal cases were filed before the […]
G.R. No. 204106 – Political Law – Law on Public Officers – Retirement – Voluntary Separation from Service; Optional Retirement Olivia Leones sued the Municipality of Bacnotan, La Union, for unpaid RATA (Representation and Time Allowance). In fact, her case reached the Supreme Court and she won the case. Unfortunately, […]
G.R. No. 157870 – 591 Phil. 393 – 570 SCRA 410 – Political Law – Constitutional Law – Article 14: Education, Science and Technology, Arts, Culture, and Sports – Academic Freedom – Random Drug testing in High School / Colleges NOTE: This is consolidated with Laserna vs Dangerous Drugs […]
G.R. No. 212196 – 750 Phil. 212 – 745 SCRA 221 – Political Law – Constitutional Law – Bill of Rights – Presumption of Innocence is Stronger than Presumption of Regularity in the Performance of Official FunctionsCriminal Law – Special Penal Laws – Republic Act 9165: Dangerous Drugs Act – […]
G.R. No. 179267 – 712 Phil. 44 – 699 SCRA 352 – Political Law – Constitutional Law – Basic Principles – Equal Protection Clause – The VAWC Law is not violative of the equal protection clause Remedial Law – Jurisdiction of Courts – The Family Court may act on issues […]
G.R. No. L-4254 – 90 Phil. 70 – Political Law – Constitutional Law – Declaration of Principles and State Policies – Doctrine of Incorporation – Universal Declaration of Human Rights In 1948, Boris Mejoff, a Russian who was brought to the Philippines by the invading Japanese forces, was due for […]