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, […]
Political Law
322 posts
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 – 381 SCRA 655 – Legal Ethics – Judicial Ethics – Grave Misconduct – MTCs cannot issue hold-departure orders Political Law – Constitutional Law – Bill of Rights – Right to Travel; Freedom of Movement In 1998, two criminal cases were filed before the Municipal Circuit Trial […]
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 – 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 Board (G.R. No. 158633) and […]
G.R. No. 212196 – 745 SCRA 221 – Political Law – Constitutional Law – Bill of Rights – Presumption of Innocence is Stronger than Presumption of Regularity in the Performance of Official Functions Criminal Law – Special Penal Laws – Republic Act 9165: Dangerous Drugs Act – Inventory; Chain of […]
G.R. No. 179267 – 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 of constitutionality of laws […]
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 […]
G.R. No. L-12629 – 106 Phil. 677 – Political Law – Constitutional Law – Bill of Rights – Right Against Double Jeopardy – Court of Competent Jurisdiction Remedial Law – Criminal Procedure – Rule 117 – Motion to Quash – Double Jeopardy – When it does not attach In 1956, […]
G.R. No. 188794 – 768 Phil. 272 – 788 SCRA 670 – Political Law – Constitutional Law – Bill of Rights – Right Against Unreasonable Searches and Seizures – Invalid Search Warrant – Proof of Personal Examination by the Judge Remedial Law – Criminal Procedure – Rule 126 – Motion […]
G.R. No. 216425 – Civil Law – Persons and Family Relations – Family Code – Civil Code – Use of Surnames Remedial Law – Civil Procedure – Special Civil Actions – Change of Name – Legitimate Child May Use Surname of Mother Political Law – Constitutional Law – Declaration of […]
G.R. No. 216824 – Remedial Law – Criminal Procedure – Rule 117 – Filing of the Information – The signature of the city, provincial, or chief state prosecutor in the Information is not a jurisdictional requirement Political Law – Separation of Powers – Substantive Law vs Procedural Law Gina Gomez […]
G.R. No. 117321 – 286 SCRA 207 – 286 SCRA 207 – Political Law – Constitutional Law – Bill of Rights – Extra-Judicial Admission – Right to Counsel – Custodial Investigation In 1988, a tricycle driver was found dead and his trike was also missing. Herson Tan was among the […]
G.R. No. 171672 – Political Law – Constitutional Law – Rights of the Accused – Right Against Self-Incrimination; Not applicable as against a private entity In 1993, Marieta De Castro, a bank teller at BPI Pasay was investigated for allegedly falsifying the signatures of two of the bank’s clients. It […]
G.R. No. 244045 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Informant’s Tip Alone Cannot Engender Probable Cause In the morning of 10 January 2014, an unnamed officer at the Regional Public Safety Battalion (RPSB) in Tabuk, Kalinga received a text message from […]
G.R. No. 111304 – 233 SCRA 310 – Political Law – Law on Public Officers – Public Officials Must Not Be Onion-Skinned Nemesio Yabut was then the vice mayor of Makati. He was also the head of the traffic management division of Makati. One day, Yabut was commanding traffic when […]