G.R. No. 199082 – 695 Phil. 302 – Political Law – Constitutional Law – Bill of Rights – Equal Protection Clause In 2011, alleged evidence pointing to massive electoral fraud and manipulation of election results in the 2004 and 2007 surfaced. As a result, the COMELEC issued a resolution creating […]
Constitutional Law
364 posts
G.R. No. 192935 – 651 Phil. 374 – Political Law – Constitutional Law – Bill of Rights – Equal protection Clause – Valid Classification – Tests in Determining Valid Classification – Rational Basis Test, Strict Scrutiny Test, Intermediate Scrutiny Test Upon assumption of office, President Benigno Aquino III issued Executive […]
G.R. No. 204819 – 732 Phil. 1 – Political Law – Constitutional Law – Equal Protection Clause – Reproductive Health Law is not in violation of the equal protection clause Conscientious Objectors May Not Be Forced to Implement Law and its IRR; Except in life-and-death situations Advocates against the Reproductive […]
G.R. No. 158693 – 485 Phil. 248 – Labor Law – Labor Relations – Termination of Employment – Just Causes – Abandonment of Work – Agabon Doctrine Post-Employment – Twin Notice Rule Political Law – Constitutional Law – Bill of Rights – Constitutional Due Process vs Statutory Due Process Spouses […]
G.R. No. 266371 – Political Law – Constitutional Law – Bill of Rights – Right to Speedy Trial – Barker Balancing Test – Right Must Be Timely Invoked – Exception; Gross Negligence of Defense Counsel In June 2003, Randy Dela Cruz and Ricky Vidanes were indicted for homicide. They were […]
G.R. No. 255749 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Warrantless Search – Incidental to Lawful Arrest vs Plain View Remedial Law – Chain of Custody – Marking of Drug Evidence – Inadmissible if Marked Belatedly In August 2017, a buy-bust operation […]
G.R. No. 212593-94 – 783 Phil. 304 – Political Law – Constitutional Law – Due Process – Preliminary Investigation; No right to cross examine witnesses Due to information from whistleblowers (Benhur Luy, Marina Sula, and Merlina Suñas), Jessica Lucila Reyes, Janet Lim Napoles, Ruby Tuason, and others were investigated by […]
G.R. No. 180564 – 635 Phil. 402 – Political Law – Constitutional Law – Accountability of Public Officers – Ill-Gotten Wealth – Right of Government to Recover Ill-Gotten Wealth Does not Prescribe – When estoppel cannot be applied In 1989, the Philippines, through the Presidential Commission for Good Governance (PCGG), […]
G.R. No. 192791 – 686 Phil. 571 – 670 SCRA 579 – Political Law – Constitutional Law – Constitutional Commissions – Commission on Audit – Appointment – Term and Tenure In February 2001, Guillermo Carague was appointed as the Chair of the Commission on Audit. His term was to expire […]
A.C. No. 7732 – 601 Phil. 470 – 582 SCRA 474 – Political Law – Constitutional Law – Constitutional Commissions – Commission on Elections – The COMELEC Chair and the Commissioners may only be removed by impeachment Legal Ethics – Disbarment – When not proper In 2007, an election case […]
G.R. No. 253199 – 949 Phil. 517 – Political Law – Constitutional Law – Constitutional Commissions – Civil Service Commission Law on Public Officers – Civil Service Law – Prohibition Against Appointments of Losing Candidates – Prohibition Applies in Contracts of Services Legal Ethics – Legal Profession – Lawyer’s Fees; […]
G.R. No. 140335 – 401 Phil. 77 – Political Law – Constitutional Law – The Constitutional Commissions – Commission on Audit – Term of Office of Commissioners In June 1993, Thelma Gaminde was appointed as a Commissioner of the Civil Service Commission. Her term was to expire in February 1999. […]
G.R. No. 250440 – 903 Phil. 314 – Political Law – Constitutional Law – The Judicial Department – The Supreme Court – Hierarchy of Courts – Doctrine of Judicial Courtesy In 2011, Banco Filipino was placed by the Bangko Sentral ng Pilipinas (BSP) under liquidation. The majority stockholders filed a […]
G.R. No. L-23127 – 148 Phil. 443 – Political Law – Constitutional Law – The Judicial Department – Judicial Power – Constitutionality of Laws – Operative Fact Doctrine After the war, the Philippine economy was in shambles. To help those that were indebted, President Sergio Osmeña issued E.O. No. 32 […]
G.R. No. 209551 – 896 Phil. 843 – Political Law – Constitutional Law – The Judicial Department – The Supreme Court – Hierarchy of Courts – The Supreme Court is not a trier of facts Felino Palafox, Jr. was sued by Sen. Edgardo Angara for damages by reason of defamatory […]
G.R. No. 171722 – 776 Phil. 167 – 778 SCRA 189 – Political Law – Constitutional Law – The Judicial Department – The Supreme Court – Powers of the Supreme Court – The Supreme Court is not a Trier of Facts; Exception Burgos won a judgment award against Pascual. Pascual […]