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 […]
Constitutional Law
230 posts
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. 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 […]
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. 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 […]
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 – 890 Phil. 74 – 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 […]
G.R. No. 216824 – 889 Phil. 915 – 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 […]
G.R. No. 117321 – 349 Phil. 874 – 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 – 752 Phil. 424 – 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 […]