G.R. No. L-27299 – 51 SCRA 340 – Political Law – Constitutional Law – State Immunity From Suit – Suits against Unincorporated Entities – Mandamus In 1964, the Philippine Veterans Administration stopped paying WW2 veteran Quirico Del Mar’s pension on the ground that he was already receiving pension from the […]
Constitutional Law
364 posts
G.R. No. L-23139 – 125 Phil. 270 – 18 SCRA 1120 – Political Law – Constitutional Law – State Immunity from Suit – Suit against unincorporated entities Remedial Law – Civil Procedure – Parties to a Suit In 1962, four parcels of drill parts imported by Mobil Philippines Exploration, Inc. […]
G.R. No. 70547 – 217 SCRA 401 – Political Law – Constitutional Law – State Immunity From Suit – Suit Against GOCCs – Doctrine of Implied Powers In 1974, a PNR train operated by Honorio Cirbado (aka Honorio Cabardo) bumped a Baliwag Bus (BB) driven by Romeo Hughes. Eighteen individuals […]
G.R. No. 73919 – 214 SCRA 35 – Political Law – Constitutional Law – State Immunity from Suit – GOCCs may be sued In 1967, the National Irrigation Administration were sued by several farmers due to a defective irrigation project. The trial court ruled in favor of the farmers and […]
G.R. No. 169752 – 560 Phil. 385 – 534 SCRA 112 – Political Law – Constitutional Law – State Immunity from Suit – Suit against Quasi-Public Corporations The Philippine Society for Prevention of Cruelty to Animals is a corporation created by law in 1905 (Act No. 1285). It was empowered […]
G.R. No. 193462 – 726 Phil. 63 – 715 SCRA 247 – Political Law – Constitutional Law – State Immunity From Suit – Government Instrumentality – MECO is not a GOCC; MECO is not a government instrumentality In 2010, Atty. Dennis Funa, as a concerned citizen, requested the Commission on […]
G.R. No. 233861 – 893 Phil. 399 – Political Law – Constitutional Law – State Immunity from Suit – Government Instrumentalities are Immune from Suit In November 2005, the City of Iloilo (COI) sent a notice of garnishment to the Development Bank (DBP) of the Philippines for it to freeze […]
G.R. No. 155650 – 528 Phil. 181 – 495 SCRA 591 – Political Law – Constitutional Law – State Immunity from Suit – Suit Against Government Instrumentalities The Manila International Airport Authority (MIAA) was created under E.O. No. 903 issued on 21 July 1983. It operates the Ninoy Aquino International […]
G.R. No. L-46930 – 162 SCRA 88 – Political Law – Constitutional Law – State Immunity from Suit – Government cannot be sued without its consent – Suit against officials performing government functions is suit against State Anthony Rossi and Ralph Wyers were employees of the US Naval Station in […]
G.R. No. L-25916 – 143 Phil. 391 – 32 SCRA 466 – Political Law – State Immunity from Suit – Suit against public officials ≠ suit against state Gaudencio Begosa is a World War II veteran who was seeking disability pension from the Philippine Veterans Administration. His claim was approved […]
G.R. No. 190289 – 823 Phil. 867 – Political Law – Constitutional Law – State Immunity From Suit – Government Functions vs Proprietary Functions – Estoppel In 2007, Phuture Visions Co., Inc. applied for a business permit from the Office of the Mayor of Bacolod City for it to be […]
G.R. No. 203610 – 797 Phil. 33 – 805 SCRA 524 – Political Law – Constitutional Law – State Immunity from Suit; Exceptions; Contract Agreements In 1978, the government bought a 9,800 square meter lot from Gonzalo Roque, Jr. and several others. The lot was supposed to be used as […]
G.R No. 206510 – 743 Phil. 8 – 735 SCRA 102 – Political Law – Constitutional Law – State Immunity from Suit – A foreign state may not be sued without its consent In 1993, the Tubbataha Reef in Palawan was declared as a UNESCO World Heritage Site. In 2010, […]
G.R. No. L-26994 – 141 Phil. 209 – Political Law – Constitutional Law – State Immunity from Suit – Government Functions In 1965, the Customs Arrastre Service lost packages belonging to Caltex Philippines, Inc. As a result, Caltex sued the Customs Arrastre Service and its head agency the Bureau of […]
G.R. No. 242255 – Political Law – Constitutional Law – General Principles – Elements of a State – Sovereignty – Derogation; Constitutionality of the BARMM In July 2018, R.A. No. 11054 or the Bangsamoro Organic Law was enacted. The enactment was pursuant to Sec. 1, Art. X of the 1987 […]
G.R. No. 183591 – 589 Phil. 387 – 568 SCRA 402 – Political Law – Constitutional Law – General Principles – Elements of a State – Sovereignty – Derogation; Associate State In 2008, the Memorandum of Agreement on Ancestral Domain (MOA-AD) between the Moro Islamic Liberation Front (MILF) and the […]