Professional Documents
Culture Documents
10.
ARIPIN, ZORAIDA
5. Arbitration
RCBC v. Banco de Oro 687 SCRA 583
Academic Discipline
1. In General
Angeles v. Sison 112 SCRA 26
Malabanan v. Ramento 129 SCRA 359
Guzman v. NU 142 SCRA 699
Alcuaz v. PSBA 161 SCRA 7
Non v. Judge Dames 185 SCRA 523
ADMU v. Capulong 222 SCRA 644
U.P. v. Ligot-Telan 227 SCRA 342
Go v. Colegio De San Juan de Letran 683 SCRA 358
11.
2014-03653 MORALES, RONNIE BALTAZAR. LLB
Deportation Proceeding
1. In General
Lao Gi v. CA 180 SCRA 756
Domingo v Scheer, 421 SCRA 468
Regulations: Fixing of Rates and Regulation of Profession
1.
Rates
Philcomsat y. Alcuaz 180 SCRA 218
Randiocom v. NTC 184 SCRA 517
Maceda v. ERB 199 SCRA 454
Globe Telecom c. NTC, 435 SCRA 110
2. Profession
Corona v. UHPAP 283 SCRA 31
Dismissals, Suspension, Reinstatement etc.
1. Dismissals in Government Boards and Commissions
Abalos c. CSC 196 SCRA 81
GSIS v. CSC 201 SCRA 661
Macayayong v. Ople 204 SCRA 372
Gonzales v. CSC 226 SCRA 66
Go. V. NPC 271 SCRA 447
CHR v. CSC 227 SCRA 42
Uy v. COA 328 SCRA 607
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13.
14.
K. Appeal
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19.
IV. In General
Nala v. Barroso, GR 153087 Aug. 7, 2003
Betoy v. Judge AM NO. MJJ-05-1108, Feb 26, 2006
20th Century Fox v. CA, 162 SCRA 655
Columbia Pictures v. CA, 262 SCRA 219
B. Personally Determined by the Judge
Placer v. Villanueva, 126 SCRA 463
Lim v. Judge Fenix, 194 SCRA 292
People v. Inting, 187 SCRA 788
People v. Delgado, 189 SCRA 715
Allado v. Diokno 232 SCRA 192
Gozos v. Tac-an GR 123191, Dec. 17, 1998
Flores v. Sumaljag 290 SCRA 568
C. Personal Examination (After Examination Under Oath or Affirmation the
Complainant and the Witnesses He May Produce)
Bache & Co. v Ruiz 37 SCRA 823
Soliven v. Makasiar, GR 8287, Nov. 14 1981
20.
D. Particularity of Description
People v. Veloso 48 Phil 169
Alvarez v. CFI 64 Phil. 33
Corro v. Lising 137 SCRA 541
Pangandaman v. Casar, 159 SCRA 599 (1988)
Stonehill v. Diokno (1967)
People v. Martinez 235 SCRA 171
Microsoft Corp. v. Maxicorp (2004)
Burgos v. Chief of Staff, AFP 133 SCRA 890
Frank Uy v. BIR , 344 SCRA 36
Yousex Al-Ghoul v. CA GR 126859 Sept. 4 , 2001
People v. CA 291 SCRA 400
Paper Industries v. Asuncion, GR 122092 May 19, 1998
Malalaon v. CA, 232 SCRA 249
People v. Estrada GR 124461, June 26, 2000
*Administrative Arrest (Exceptions to the rule that only a judge may issue a
warrant):
Commissioner of Immigration and Deportation may issue warrants to carry out
a final finding of a violation. (Board of Commissioners v. Judge De La Rosa, 197
SCRA 853) It is issued after a proceeding has taken place.
5. Of Whatever Nature and for Any Purpose
Material Distributions v. Judge, 84 Phil 127 (1989)
Oklahoma Press v. Walling, 327 US 186
Camara v. Municipal Court, 387 US 523 ( 1967)
21.
VILLOTA, SOCRATES
22.
NALZARO, JESSIE
ii. Plain View
Requisites:
1. Prior valid intrusion
2. Evidence was inadvertently discovered by the police
3. Illegality of the evidence is immediately apparent; and
4. Noticed without further search.
People v. Evaristo, 216 SCRA 413
People v. Tabar, 222 SCRA 144 (1993)
Roan v. Gonzales, 145 SCRA 687
United Laboratories v. Isip GR 163858 (June 28, 2005)
People v. Doria GR 125299, Jan. 22, 1999
Del Rosario v. People, GR 142295, May 31, 2001
Two Requisites:
1. An offense had just been committed.
2. The person making the arrest has probable cause to believe, based on his
personal knowledge of facts and circumstances, that the person to be arrested
committed it.
*There must be immediacy between the time the offense is committed and the
time of the arrest.
Go v. CA 206 SCRA 138
People v. Manlulu, 231 SCRA 701 (1994)
People v. Rodrigueza, 205 SCRA 791 (1992)
People v. Enrile, 222 SCRA 586
People v. Jayson, 282 SCRA 166 (1997)
People v. Del Rosario, GR 127755, April 14, 1999
People Samus, GR 135957, April 14, 1999
People v. Cubcubin, GR 136267, October 2, 2001
People v. Gorente, 219 SCRA 756
Padilla v. CA, GR 121917, March 12, 1997
People v. Burgos 144 SCRA 1
People v. Sucro 195 SCRA 388
People v. Briones 202 SCRA 708
People v. Sequino 264 SCRA 79
People v. Nazareno 260 SCRA 256
People v. Mahusay 282 SCRA 80
People v. Alvario 275 SCRA 529
Larranaga v. CA 287 SCRA 521
People v. Olivarez GR 77865, Dec. 4, 1998
Cadua v. CA 312 SCRA 703
People v. Cubcubin 360 SCRA
People v. Compacion 361 SCRA 540
Posadas v. Ombudsman 341 SCRA
People v. Acol 232 SCRA 406
C. Escaped Prisoner
D. Waiver
E. Procedural Rules
People v. Rabang 187 SCRA 682
People v. Lopez 246 SCRA 95
Velasco v. CA 245 SCRA 677
People v. Buluran 325 SCRA 476
Section 3. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or order
requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
Scope: Tangible and Intangible Objects.
Factors to Determine Violation of the Right to Privacy
In the matter of the Petition for Issuance of the Writ of Habeas Corpus of
Camilo I. Sabio, GR 174340, October 17, 2006: In evaluating a claim for
violation of the right to privacy, a court must determine whether a person has
exhibited a reasonable expectation of privacy and, if so, whether that
expectation has been violated by unreasonable government intrusion.
RA No. 4200, Anti-Wiretapping Law
Ramirez v. CA, 248 SCRA 590: Private communication in Section 1 of RA
4200 is deemed to include private conversations.
Navarro v. CA, GR 121087, August 26, 1999: The Anti-Wiretapping Law
prohibits the overhearing, intercepting, or recording of private communications.
Thus, a tape recording of an altercation or verbal exchange between a
policeman and a radio reporter at a police station is admissible in evidence.
Rule on the Writ of Habeas Data, AM 08-1-16-SC
Writ of Habeas Data: the remedy available o any person whose right to privacy
in life, liberty or security is violated or threatened by an unlawful act or
omission of a public official or employee, or of a private individual or entity
engaged in the gathering, collecting, or storing of data or information regarding
the person, family, home and correspondence of the aggrieved party.
Not Covered
Alejano v. Cabuay, 468 SCRA 188
In Re: Wenceslao Laureta, 148 SCRA 382
People v. Albofera, 152 SCRA 123
Exclusionary Rule
Gaanan v. IAC 145 SCRA 112
Salcedo-Ortanez v. CA 235 SCRA 111
Zulueta v. CA 253 SCRA 699
Ople v. Torres 293 SCRA 141
Waterous Drug Corp v. NLRC, GR 113271, October 16, 1997
People v. Marti 193 SCRA 57
People v. Artua 288 SCRA 626
the same. This is only applicable to statutes involving free speech, impeached
on the grounds of overbreadth or vagueness. Here, the litigants are permitted
to challenge a statute not because their own rights of free expression are
violated, but because of a judicial prediction or assumption that the statutes
very existence may cause others not before the court to refrain from
constitutionally protected speech or expression.
Overbreadth Doctrine: A ground to declare a statute void when it offends the
constitutional principle that a government purpose to control or prevent
activities constitutionally subject to state regulations may not be achieved by
means which sweep unnecessarily broadly and thereby invade the area of
protected freedoms.
Tests
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3.
10.
ARIPIN, ZORAIDA
7.
Assembly and Petition
Navarro v. Villegas 31 SCRA 73
PBM Employees v. PBM 51 SCRA 189
JBL Reyes v. Mayor Bagatsing 125 SCRA 553
Malabanan v. Ramento 129 SCRA 359
De la Cruz v. CA, GR 126183, March 25, 1999
Bangalisan v. CA, GR 124678, July 23, 1997
Ruiz v. Gordon, 126 SCRA 233
BAYAN v. Ermita GR 169838, April 25, 2006
GSIS v. Kapisanan, GR 170132, December 6, 2006
In Re Valmonte, 296 SCRA
11.
MORALES
12.
2011-03028 OMBRA, JHEMHAR INDASAN. LLB
II. Free Exercise of Religion
Tests
a) Clear and Present Danger Test: When words are used in such circumstance
and of such nature as to create a clear and present danger that will bring
about the substantive evil that the State has a right to prevent.
b) Compelling State Interest Test: When a law of general application infringes
religious exercise, albeit incidentally, the state interest sought to be promoted
must be so paramount and compelling as to override the free exercise claim.
Three-step test:
1. Has the statute or government action created a burden on the free exercise
of religion?
2. Is there a sufficiently compelling state interest to justify this infringement of
religious liberty?
3. Has the state in achieving its legitimate purposes used the least intrusive
means possible so that the free exercise is not infringed any more than
necessary to achieve the legitimate goal of the state? (Estrada v. Escritor)
c) Conscientious Objector Test: Persons who are conscientiously opposed to
participation in war in any form by reason of religious training and belief may
be exempted from combat training and service in the armed forces. Religious
training and belief means an individuals belief in relation to a Supreme Being
involving duties superior to those arising from any human relation, but does
not include essentially political, sociological or philosophical views or a merely
personal code.
13.
NILLAS
Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.
Article 13 (2) Universal Declaration of Human Rights
Article 12 (4) Covenant on Civil and Political Rights
Watch-list, hold departure orders and lookout order
Reyes v. CA, GR 182161, December 3, 2009
Return to Ones Country
Marcos v. Manglapus, 177 SCRA 668
Liberty of Abode and Right to Travel
Villavicencio v. Lukban, 39 Phil 778
Rubi v. Provincial Board of Mindoro
Silverio v. CA 195 SCRA 760
Santiago v. Vasquez 217 SCRA 633
Marcos v. Sandiganbayan 247 SCRA 127
Yap v. CA, GR 141529, June 6, 2001
Mirasol v DPWH, 490 SCRA 318
OAS v. Macarine, 677 SCRA 1
Human Security Act, Section 26: In cases where evidence of guilt is not strong,
and the person charged with the crime of terrorism or conspiracy to commit
terrorism is entitled to bail and is granted the same, the court, upon
application by the prosecutor, shall limit the right of travel of the accused to
within the municipality or city where he resides or where the case is pending,
in the interest of national security and public safety. Travel outside said
municipality or city, without the authorization of the court, shall be deemed a
violation of the terms and conditions of his bail, which shall then be forfeited
under the Rules of Court.
14.
PATALINGHUG
15.
SALADAGA
Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
Scope
Volkschel Labor Union v. Bureau of Labor Relations, 137 SCRA 42
Right to Association
Occena v. COMELEC, 127 SCRA 404
UPCSU v. Laguesma 286 SCRA 15
Bel-Air Village Association v. Dionisio, 174 SCRA 589
Padcom Condominium Association v. Ortigas Center Association, Inc, 382
SCRA 222
Government Employees (Right to Strike)
TUCP v. NHC, 173 SCRA 33
SSS Employees v. CA, 175 SCRA 686
MPSTA v. Secretary of Education, GR 95445, August 6, 1991
Jacinto v. CA, GR 124540, November 4, 1997
16.
SALIH, HASIM
Section 9. Private Property shall not be taken for public use without just
compensation.
Expropriation in General
Heirs of Alberto Suguitan v. City of Mandaluyong, March 14, 2000
NHA v. Heirs of Isidro Guivelondo, GR 15441, June 19, 2003
Mactan v. Lozada, 613 SCRA 618 (Reversion)
Vda De Ouna v. Republic, 642 SCRA 384 (Reversion)
Power to Undertake Expropriation Case
Iron and Steel Authority v. CA, 249 SCRA 538
Philippine Press Institute v. COMELEC, 244 SCRA 272
Telebap v. COMELEC 289 SCRA 337
Estate of Heirs v. City of Manila, 422 SCRA 551
Lagcao v. Labra, GR 155746, October 13, 2004
Rights of Owner Before Expropriation
Greater Balanga v. Municipality of Balanga, 239 SCRA 436
Velarma v. CA, 252 SCRA 406
Solanda v. CA, 305 SCRA 645
Republic v. Salem, 334 SCRA 320 (Title not cancelled until paid)
1.
Elements of Taking
Republic v. Vda. De Castelvi 58 SCRA 336
Garcia v. CA 102 SCRA 597
City of Government v. Judge Ericta 122 SCRA 759
US v. Causby 328 US 256
People v. Fajardo 104 Phil 443
Republic v. PLDT 26 SCRA 620
NPC v. Jocson 206 SCRA 520
Penn Central Transportation v. NY City 438 US 104
17.
TAGA-OC
18.
IBBA
Section 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.
Indigent Party: One who is authorized by the court to prosecute his action or
defense as an indigent upon an ex parte application and hearing showing that
he has no money or property sufficient and available for food, shelter and basic
necessities for himself and his family. (Rules of Court, Rule 3, Section 21)
Legal Provisions on Free Access
1. RA 6035: stenographers are required to give free transcript of stenographic
notes to indigent and low-income litigants.
2. Rules of Court, Rule 3, Section 21
3. Constitution, Article 3, Section 12: the court appoints a counsel de officio for
an accused who cannot afford to engage the service of a counsel de parte.
4. Rule on the Writ of Amparo, Section 4: No docket or other lawful fees shall be
required for the filing of the petition.
5. Rule on the Writ of Habeas Data, Section 4: No docket and other lawful fees
are required from indigent petitioner.