G.R. No. 127840 – 377 Phil. 445 – 319 SCRA 422 – Criminal Law – Book I – Aggravating Circumstances – Dwelling, Abuse of Strength, Disregard of Victim’s Sex Remedial Law – Evidence – Testimonies of Children On June 11, 1995, Roland Paraiso and a John Doe entered the […]
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G.R. Nos. 138874-75 – 421 SCRA 530 – 466 Phil. 324 (2004); 463 SCRA 652 – 516 Phil. 524 (2006) – Criminal Law – Book I – Mitigating Circumstances – Minority; Proof In July 2005, the Supreme Court affirmed the conviction of Francisco Larrañaga and others, including one James Andrew […]
G.R. No. 131925 – 384 Phil. 361 – 327 SCRA 623 – Criminal Law – Book I – Mitigating Circumstances – Incomplete Self-Defense On 26 February 1994, Dario Villoceno and Ramil Sabturani had a fight and they were grappling for the possession of a steel pipe. Dario Cual came to […]
G.R. No. L-30642 – 220 Phil. 533 – 136 SCRA 141 – Political Law – Separation of Powers – SC Cannot Legislate; ExceptionStatutory Construction – Determining the Purpose of the Law Perfecto Floresca et al are the heirs of the deceased employees of Philex Mining Corporation who, while working at its […]
G.R. No. 86344 – 259 Phil. 980 – 180 SCRA 496 – Political Law – The Legislative Branch – Sec. 18, Art. VI; The Lower House’s 12 Seats in the Commission on Appointments; Apportionment After the 1988 elections, the lower house was dominated by the following parties: Lakas ng […]
G.R. No. 118597 – 246 SCRA 384 – Political Law – HRET’s Jurisdiction – Excess and Lack Thereof After the May 11, 1992 elections, Arroyo was declared as the duly elected Congressman of the lone district of Makati. Arroyo won by 13,559 votes over his opponent. His opponent Syjuco […]
G.R. No. 179813 – 595 Phil. 479 – Political Law – Due Process – Administrative Bodies – HRET – Service of Summons Datu Pax and Montilla were rivals in the Congressional elections in 2007. Datu Pax won the elections. Montilla contested the results of the elections before the HRET. […]
G.R. No. 166809 – 575 Phil. 339 – 552 SCRA 320 – Political Law – Due Process – Administrative Bodies Atty. Erece was the Regional Director CHR Region 1. Macalingay et al were Erece’s subordinates. Macalingay et al were complaining that Erece had continuously denied them from using the […]
G.R. No. 131652 – 350 Phil. 700 – 287 SCRA 245 – Political Law – Due Process in Criminal Proceedings – Waiver of Right to Due Process Alonte was accused of raping Juvie Lyn Punongbayan with accomplice Buenaventura Concepcion. It was alleged that Concepcion befriended Juvie and had later […]
G.R. No. L-54597 – 119 SCRA 353 – Political Law – Due Process – Administrative Due Process Dr. Anzaldo, 55, had been working in the National Institute of Science and Technology for 28 years. She was holding the position Scientist Research Associate IV when she was appointed as Science […]
GR No. L-49711 – 94 SCRA 261 – Political Law – Due Process – Administrative Due Process – Impartiality ZCM filed an administrative case before the Director of Mines Gozon to have them be declared the rightful and prior locators and possessors of 69 mining claims in Sta. Cruz, […]
G.R. No. 106971 – 214 SCRA 789 – Political Law – Commission on Appointments’ membership; Apportionment of Senate’s 12 seats – Rounding Off After the May 1992 elections, the senate was composed of 15 LDP senators, 5 NPC senators, 3 LAKAS-NUCD senators, and 1 LP-PDP-LABAN senator. To suffice the […]
G.R. No. L-42571-72 – 208 Phil. 490 – 123 SCRA 569 – Political Law – Subject Shall Be Expressed in the Title – Police Power Not Validly Exercise Vicente De La Cruz et al were club & cabaret operators. They assail the constitutionality of Ord. No. 84, Ser. of […]
G.R. No. 74457 – 232 Phil. 615 – 148 SCRA 659 – Political Law – Police Power – Not Validly Exercised There had been an existing law which prohibited the slaughtering of carabaos (EO 626). To strengthen the law, Marcos issued EO 626-A which not only banned the movement […]
G.R. No. L-34915 – 207 Phil. 648 – 122 SCRA 759 – Political Law – Police Power – Not Validly Exercised Quezon City enacted an ordinance entitled “ORDINANCE REGULATING THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF PRIVATE MEMORIAL TYPE CEMETERY OR BURIAL GROUND WITHIN THE JURISDICTION OF QUEZON CITY AND PROVIDING […]
G.R. No. 118882 – 330 Phil. 1034 – 262 SCRA 452 – Political Law – Due Process – Even the State is Entitled to It Jane Go was being sued criminally for the death of her husband. The case was lodged before the sala of Judge Pedro Espina of […]