Professional Documents
Culture Documents
Issue: WON Tanodbayan had authority to file those cases for Sandiganbayan to prosecute and
hear.
Held: NO
Ratio:
1. Under the 1987 Consti, the Ombudsman (distinguished from Tanodbayan) is charged
with the duty to:
Section 13, par 1: Investigate on its own, or on complaint by any person, any act or
omission of any public officer, employee, office or agency, when such act or omission
appears to be illegal, unjust, improper, or inefficient.
2. The Tanodbayan of the 1973 Consti became the Office of the Special prosecutor that
shall continue to function and exercise it powers as now or hereafter may be provided
by law, except those conferred on the Office of the Ombudsman created under the
Consti. (article 11, section 7)
4. The Tanodbayan is now the subordinate of the Sandiganbayan and it can investigate
and prosecute cases only upon the latter’s authority or orders.
(f) he may file and prosecute civil and administrative cases involving graft and corrupt practices and such other offenses
committed by public officers and employees, including those in GOCC, in relation to their office.
Issue: WON Tanodbayan has jurisdiction and authority to review and nullify the resolutions of
the City Fiscal of Davao
Held: Yes
Ratio:
1. Tanodbayan has authority to file and prosecute Salcedo’s case even if it does not
involve graft and corrupt offices because it falls under such other offenses covered by
section 10 (f) of PD 1630
2. Act of perjury was in relation to Salcedo’s office. Section 18 of PD 1630 gives
Tanodbayan authority to conduct investigations and file case for such occurrence.
3. Tanodbayan therefore had authority to nullify and review resolutions of the City Fiscal
of Davao as the case involved the actions of a government official related to his office.
PETITION DISMISSED.
Orap, Vicente vs. Sandiganbayan represented by Justices Manuel Pamaran, Fernandez, and
Escareal (1985 case)
Nature: Petition for certiorari and prohibition to review the decision of the Sandiganbayan
Facts:
• Tanodbayan Special Prosecutor Rodolfo Aquino
• Charged Vicente Orap, presiding judge of the Municipal Court of Mangatarem,
Pangasinan
• With violation of Section 39e) of Rep Act 3019, otherwise known as the Anti-Graft and
Corrupt Practices Act
• Juan Sison, then Chief Special prosecutor of the Tanodbayan approved information and
the latter was docketed as Crim. Cases Nos. SB-020, 021, 022.
• Clerk of Court, Melanio Fernandez was also charged.
• Orap contended that Tanodbayan had no power to conduct preliminary investigations,
file infos, and prosecute criminal cases against judges and their appurtenant judicial
staff.
Alleged crime of Orap: took sums of money from several persons in connection with the case
of People vs. Pepito Iglesias, for reckless imprudence resulting in multiple homicide, serious
physical injuries and damage to property
Issue Held/Ratio
WON Tanodbayan has authority to conduct NO.
preliminary investigation of the complaint As Ombudsman, his investigatory powers are
limited to complaints initiated against offices
and personnel of administrative agencies as
defined in Section 9(a) of PD 1607.
WON Tanodbayan had authority to file YES.
corresponding information before the As prosecutor, the authority of the
Sandiganbayan and prosecute the same Tanodbayan is plenary and without
exceptions.
PETITION DISMISSED.
Tanodbayan has jurisdiction to investigate and file information.
Sandiganbayan had jurisdiction to prosecute defined under section 4 of PD 1606.
Nixon:
PRESIDENCY
In the White House, the contradictions in Nixon were most obvious. He could be bold, yet also
cautious; effective, yet often inept. Working closely with his national security advisor (later,
secretary of state), Henry KISSINGER, he forsook the anti-Communist policies that he had
supported throughout most of his career in favor of DETENTE with the USSR and
rapprochement with the Communist government of China. In 1969 he began the Strategic
Arms Limitation Talks (SALT) with the Soviet Union. In February 1972 he made a historic trip
to Beijing--where he was received by Mao Zedong--thus reversing the U.S. policy of not
recognizing the Communist government. In 1973, after 4 years of waging war in Vietnam--
including heavy bombing raids on North Vietnam (1972) and the invasion (1970) of Cambodia--
the administration managed to arrange a cease-fire that would last long enough to permit U.S.
withdrawal from the Indochinese war zone. After the Arab-Israel War in 1973, the efforts of
Henry Kissinger led to a cease-fire and troop disengagement in the Middle East.
Domestically, under the banner of "A New Federalism," Nixon attempted to shift important
elements of governmental power and responsibility back to state and local governments. He
cut back and opposed federal welfare services, proposed antibusing legislation, and used
wage-and-price controls to fight inflation. A combination of domestic and international
developments, notably the quintupling of oil prices by the Organization of Petroleum Exporting
Countries (OPEC) in 1973, led to the economic recession of 1974-75.
In 1972, Nixon swept to an overwhelming victory in the presidential election against his
Democratic challenger Sen. George S. MCGOVERN--but, ironically, the seeds of political
collapse had already been sown. During the campaign, a group of burglars working for the
Committee to Re-elect the President broke into the headquarters of the Democratic National
Committee at the Watergate office-apartment complex in Washington, D.C., apparently in
search of political intelligence. Attempts by the White House to stop or frustrate the ensuing
investigations ultimately failed when Nixon's own White House tape recordings revealed that
the president and his assistants had engaged in an obstruction of justice.
In the meantime he had been forced to drop Vice-President Spiro T. AGNEW, who resigned in
October 1973 after he was charged with corruption that began during his tenure as Baltimore
County executive. As the revelations of wrongdoing piled up, Nixon became preoccupied with
preserving his presidency. He jettisoned top assistants in the White House and fired Special
Prosecutor Archibald COX. After the Supreme Court, in a unanimous decision, required that he
supply Cox's successor, Leon JAWORSKI, with tape recordings of conversations with his
advisors, the House Judiciary Committee voted to recommend (July 27-30, 1974) approval by
the full House of three articles of impeachment against the president. On Aug. 9, 1974, Nixon
resigned his office and was succeeded by Vice-President Gerald R. FORD, whom he had
selected to replace Agnew. A month after Nixon's resignation, Ford pardoned him for any
crimes he might have committed as president. Nixon accepted the pardon but insisted that his
mistakes had been personal and political, not criminal.
Watergate
Watergate is the popular name for the political scandal and constitutional crisis that began
with the arrest (June 17, 1972) of five burglars who broke into Democratic National Committee
headquarters at the Watergate office building in Washington, D.C. It ended with the
resignation (Aug. 9, 1974) of President Richard M. NIXON.
The burglars and two co-plotters--G. Gordon Liddy and E. Howard Hunt--were indicted
(September 1972) on charges of burglary, conspiracy, and wiretapping. Four months later,
they were convicted and sentenced to prison terms by District Court Judge John J. Sirica, who
was convinced that pertinent details had not been unveiled during the trial and proffered
leniency in exchange for further information. As it became increasingly evident that the
Watergate burglars were tied closely to the Central Intelligence Agency and the Committee to
Re-elect the President (CRP), some of Nixon's aides began talking to federal prosecutors.
The defection of aides such as Jeb Stuart Magruder, assistant to CRP director John N.
MITCHELL, quickly implicated others in Nixon's inner circle. The Senate established (February
1973) an investigative committee headed by Sen. Sam ERVIN, Jr., to look into the growing
scandal. Amid increasing disclosures of White House involvement in the Watergate break-in
and its aftermath, Nixon announced the resignations of John Ehrlichman and H. R. Haldeman,
two of his closest advisors, and the dismissal of his counsel John W. Dean III.
Leon Jaworski, who replaced Cox as special prosecutor on November 1, continued to press for
the tapes. On Mar. 1, 1974, a federal grand jury indicted seven men, including Haldeman,
Ehrlichman, Mitchell, and White House special counsel Charles Colson, for conspiracy to
obstruct justice. At the same time, the House Judiciary Committee began investigating the
Watergate affair and related matters.
The president released (April 30) edited transcripts--containing suspicious gaps--of Watergate-
related Oval Office conversations. Not satisfied, Judge Sirica subpoenaed additional tapes.
When Nixon refused, the case moved to the Supreme Court, which ruled (July 24) against him
by an 8-0 vote. The Court conceded that a president could withhold national security material
but insisted that Watergate was a criminal matter (see UNITED STATES V. RICHARD M. NIXON).
On July 27-30, the House Judiciary Committee, whose public hearings had disclosed evidence
of illegal White House activities, recommended that Nixon be impeached on three charges:
obstruction of justice, abuse of presidential powers, and trying to impede the impeachment
process by defying committee subpoenas. The committee rejected two other possible counts:
Nixon's unauthorized, secret bombing of Cambodia in 1969 and his use of public funds to
improve his private property.
A beleaguered President Nixon released three tapes to the public on Aug. 5, 1974. One
revealed that he had taken steps to thwart the FBI's inquiry into the Watergate burglary. The
tape made it clear that Nixon had been involved actively in the cover-up from its beginnings.
These disclosures destroyed the president's remaining congressional support. With House
impeachment inevitable and Senate conviction probable, Richard Nixon became (Aug. 9, 1974)
the first U.S. chief executive to resign.
Clinton vs. Jones
Nature: Writ of Certiorari to the United States Court of Appeals for the 8th Circuit
Facts:
• May 8, 1991, during an official conference at the Excelsior Hotel in Little Rock,
Arkansas where Clinton was governor.
• Danny Ferguson, former Arkansas State Police, persuaded her to leave her desk
(registration) and to visit the Governor in a business suite at the hotel.
• There, Clinton allegedly made abhorrent sexual advances that she vehemently
rejected.
• Subsequently, her superiors at work shanged her duties to ounish her for rejecting
those advances.
• Jones sought actual damamges of $75,000 and punitive damages of $100,000
• Clinton filed a motion to dismiss on grounds of presidential immunity.
Issue: WON Clinton could claim presidential immunity for unofficial acts performed before he
became president of the USA.
Held: NO
Ratio:
1. Presidential immunity can only be claimed if the President was performing an
official act.
2. Allowing the trial to proceed will not prejudice the function of the President.
a. His testimonies for discovery and for use at trial may be taken at the White
House
b. Such shall be acquired at a time that will accommodate his busy schedule
c. The President may choose not to be present at the trial.
3. The President cannot claim immunity from suits for money damages because in
this particular case, the suit did not arise out of his official act.
4. Immunities are grounded in the nature of the function performed, not the identity
of the actor who performed it.
5. Delaying the trial would increase the danger of prejudice resulting from the loss of
evidence, including the inability off witnesses to recall specific facts, or the
possible death of a party.
The Federal District Court has jurisdiction to decide this case. Like every other citizen who
properly invokes that jurisdiction, respondent has a right to an orderly disposition of her
claims. Accordingly, the judgment of the COA is affirmed.
Facts:
An anonymous letter by Concerned Employees of the Supreme Court was addressed to
Hon. Raul Gonzalez.
Contents of the letter:
• charges of disbarment brought by Mr. Miguel Cuenco against Justice Marcelo Fernan
• a request for Mr. Raul M. Gonzalez as Tanodbayan/Special Prosecutor to do something
about the case
Issue: WON a member of the Supreme Court can be charged with disbarment during his
incumbency
Held: NO
Ratio:
Article 8, section7, par 1 and article 9, section2 provide:
That members of the Supreme Court who are members of the Philippine bar may be removed
from office only by impeachment.
1. Such public officer cannot be charged criminally before the Sandiganbayan or any
other court with any offense which carries with it a penalty of removal from office, or
any penalty service of which would amount to removal from office.
2. To grant a complaint for disbarment of a Member of the Court during the Member’s
incumbency would circumvent the constitutional mandate that Members of the Court
may be removed from office
• only by impeachment
• and conviction of certain offenses listed in Article 11 (2) of Consti
o culpable violation of the Constitution
o treason
o bribery
o graft
o corruption
o high crimes
o betrayal of public trust
Proper remedy for offending members of the SC who are members of the Philippine bar:
1. impeachment under sections 2 and 3 of article 11 of 1987 Consti
2. when tenure is terminated by impeachment, he may be held liable to answer wither:
a. criminally or
b. administratively (by disbarment proceedings)
• for any wrong or misbehavior that may be proven against him in appropriate
proceedings
The Clerk of Court is hereby DIRECTED to serve a copy of this Resolution upon Hon. Raul
Gonzalez and Mr. Miguel Cuenco.
In re Jarque
Nature:
Facts:
• November 18, 1995: letter by Cpt. Jose Rene N. Jarque, sworn to before Notary Public
Atty. Aida Balbastro: complaint of disbarment against Ombudsman Aniano Desierto for
“immorality and involvement in various illegal and immoral activities.
• The letter alleged that Desierto has an illegitimate daughter with Teresita Alferez by
the name of Desiree.
Issue: WON the Court can make out a prima facie case for disbarment against Desierto based
on such letter-complaint.
Held: NO
Ratio:
1. The letter made very general allegations made y other, unknown and unnamed
sources.
2. Even if the letter-complaint had succeeded in making out such a prima facie case, the
Court would still have to dismiss the complaints.
3. Such public officer cannot be charged criminally before the Sandiganbayan or any
other court with any offense which carries with it a penalty of removal from office, or
any penalty service of which would amount to removal from office.
4. To grant a complaint for disbarment of a Member of the Court during the Member’s
incumbency would circumvent the constitutional mandate that Members of the Court
may be removed from office
• only by impeachment
• and conviction of certain offenses listed in Article 11 (2) of Consti
o culpable violation of the Constitution
o treason
o bribery
o graft
o corruption
o high crimes
o betrayal of public trust
Proper remedy for offending members of the SC who are members of the Philippine bar:
3. impeachment under sections 2 and 3 of article 11 of 1987 Consti
4. when tenure is terminated by impeachment, he may be held liable to answer wither:
a. criminally or
b. administratively (by disbarment proceedings)
• for any wrong or misbehavior that may be proven against him in appropriate
proceedings
Issue: WON the Ombudsman has authority to order for the investigation to proceed despite the
recommendations of the special prosecutors to dismiss the same
Held: Yes.
Ratio:
1. The Courts cannot interfere with the discretion of the Ombudsman to determine the
specificity and adequacy of the averments of the offense charged.
2. His actions were neither whimsical nor capricious because he sincerely believed that
there is sufficient evidence to indict both accused. Such rule is based not only upon
respect of for the investigatory and prosecutory powers granted by the Consti to the
Office of the Ombudsman but upon practicality as well.
3. But take note: once a case has been filed with the Sandiganbayan, such court will have
full control of the case so much that the information may not be dismissed without
approval of the said court.
Additional info:
Criminal prosecutions may not be restrained, either through preliminary or final injunction or a
writ of prohibition, except in the following instances:
1. to afford adequate protection to the constitutional rights of the accused;
2. when necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions;
3. when there is a pre-judicial question which is sub-judice;
4. when the acts of the office are without or in excess of authority
5. where the prosecution is under an invalid law, ordinance, or regulation
6. when double jeopardy is clearly apparent
7. where the court has no jurisdiction over the offense
8. where it is a case of persecution rather than prosecution
9. where the charges are manifestly false and motivated by lust for vengeance
10. when there is clearly no prima facie case against the accused and a motion to quash
on that ground has been denied
11. preliminary injunction to prevent the threatened unlawful arrest of petitioners.
Events:
September 2, 1988: Resolution 19 was passed authorizing petitioner to negotiate and enter
into a contract with the Board of Liquidators in the Acquisition of the Garcia-Diapo Enterprise
September 8, 1988:
• offer was rejected. ]
• Petitioner returned to New Washington and submitted to treasurer his voucher for
transpo expenses
• Asked Atty. Antonio Tabang, provincial auditor, as regards the municipality’s
participation in a public bidding.
• SB doubted whether NW can participate in the bidding
September 19, 1988: petitioner went to manila at his personal expense and participated in the
bidding.
He submitted the highest bid and thus the property was sold to him and a deed of
absolute sale was executed.
During his term, he allowed a portion of the lots to be used as garage for the
municipality’s fire truck and for the municipality’s mushroom culture laboratory
Issue: WON the Ombudsman can reinvestigate a case already filed with the Sandiganbayan
Held: Yes
Ratio:
1. The Sandiganbayan allowed petitioner to file motion to reconsider the adverse
resolution of Special Prosecutor Ines.
2. Thru this, Sandiganbayan thus deferred to the authority of the Ombudsman to
reinvestigate the case and further assess or re-examine the facts.
3. The Sandiganbayan was willing to accept and adopt the final resolution of the Officer
of the Special Prosecutor and Ombudsman on the issue of whether of not the offense
charged was in fact committed by the petitioner
Crim. case dismissed: lack of reasonable ground to believe that petitioner violated said act.
• Petitioner claimed that such repairs and works should be exempted from the payment
of customs duty under
• Par 200, section 8, and par. 348, section 11 of the Philippine Tariff Act of 1909.
• After hearing the Internal Collector of Customs sustained the protest and ordered the
refund of the money through a warrant for Auditor Wright to sign in approval.
• Wright refused to sign such.
Issue: WON countersignature of the COA may be compelled if it can be shown that:
1) the warrant has been legally drawn by the officer authorized by law to do so
2) and appropriation to which the warrant may be applied exists by virtue of law
3) an unexpended balance of the amount appropriated is available.
Held: YES
Ratio: The duty to countersign the warrant in this case is simply ministerial and it is not up to
the discretion of the Auditor to decide otherwise.
It was then necessary to find out if the 3 requisites needed to compel COA to countersign
warrant for refund were present in the case at bar.
Requisite Status
1. WON warrant has been legally drawn YES.
by the officer authorized by law to do
so • The Collector of Customs was given the
authority to investigate WON such
repairs undertaken by the operators of
Venus were necessary and such would
exempt them from customs duty.
• Representatives from several
Philippine firms testified that the
nature of the repair and overhaul
needed by Venus could not be done in
the Philippines due to lack of needed
facilities.
• Since it was found out that such
repairs were needed and that the Tariff
law does exempt them from customs
duty, the Collector of Customs was
authorized by law to issue a warrant to
be countersigned by the COA so that
the petitioners can be refunded for the
amount paid.
2. WON Venus and the repairs it undertook YES. Act of Congress of 1901 as amended by
were exempted from customs duty Act No. 2872 of the Philippine Legislature
• However when the treasury warrant was sent to the Auditor general, he refused to
countersign it.
• Petitioner wanted court to compel auditor general to sign and consequently cash in
due amount.
Issues Held/Ratio
1. WON Auditor General has the right and YES. Section 2 of Article 10:
power to judge the merits and legality of any • Auditor General has the duty to bring
contract entered into by the Commonwealth to the attention of the proper
of the Philippines through the Purchasing administrative officers expenditure of
Agent funds or property, which, in his
opinion, are irregular, unnecessary,
excessive, or extravagant.
• Auditor General had to find out WON
disbursement was illegal.
(discretionary power, as opposed to
Wright case where the countersigning
was a ministerial duty)
Issue: WON CB’s governor’s designation of Guevara was a violation of Section 1664 of the
Revised Administrative Code, which vests on the Solicitor General the power to employ special
counsel
Held: NO
Ratio:
1. Petitioner was retained not by the government of the Philippines but by the CB, which
has a personality distinct and separate from that of the govt
2. He did not appear in the case as representative of the Solicitor General
Issue: WON Auditor General may now be compelled to pass in audit and approve the payment
of the amounts claimed by the petitioner
Held: YES
Ratio:
The Auditor General has the duty to approve and pass in audit the voucher for said
disbursements, if issued by the proper officer of said agency of the Government.
Since under the law, the Governor of the CB with its Monetary may employ special
legal counsel and approve payments for his services, the Auditor General has the duty to
disburse said amounts.
Facts:
In view of the government’s efforts at privatization, GSIS sold its Manila Hotel shares
(51%) at a bidding where only two parties participated: (1) Renong Berhad , a Malaysian firm
and (2) Manila Prince Hotel Corporation, a Filipino firm.
Manila Prince offered a bid P2.40 lower than Renong Berhad’s (bidding was on a price
per share basis). Pending confirmation of Renong Berhad as the winner, Manila Prince wrote
GSIS to enjoin it from awarding the sale to Renong, saying they are now willing to match the
Malaysian firm’s bid. Manila Prince then wrote a cheque as bid security, which the GSIS refused
to accept.
Issues / Held / Ratio:
Yes. Otherwise, the Consti would always require legislation before any of its provisions
could be considered binding. The Consti, which is supposed to be the supreme law of the land,
cannot be held subordinate and cannot be paralyzed by a need for legislative acts.
2. WON “national patrimony” involved only public lands and natural resources
No. “National patrimony” also includes cultural heritage, of which the Manila Hotel has
been a symbol.
No. Whoever controls the shares, controls the land and the hotel.
No. Although the GSIS possesses a distinct and separate personality, its acts are
considered “State action” (1) when they involve the performance of a public function, (2) when
the government is responsible for the action, and (3) when government authorized action.
GSIS activity has requisites (2) and (3), therefore they are actions of the State covered by the
Constitution.
Note: Court upheld nationalism and non-material values over foreign investment
** GSIS ordered to cease from selling to Renong Berhad; to accept matching bid of Manila
Prince
Peralta v. Mathay
Facts:
Petitioner is a trustee of the GSIS. The Auditor General said his Christmas bonus, cost
of living allowance and incentive bonus should be deducted from his retirement gratuity in
view of the Constitutional provision that no employee of the government may receive
additional or double compensation.
Issue: WON petitioner’s Christmas bonus, cost of living allowance and incentive bonus are
covered by the
Constitutuional prohibiton
Held: Yes.
Ratio: The law is clear. The GSIS act only grants per diems to trustees on a daily basis. Such
per diems are then considered as reimbursements or the amount they spend to fulfill their
duties. Allowances given to Peralta in this case, however are not considered reimbursements
and may not be granted. Between the GSIS act and the Constitution, the latter is supreme.
Republic v. Imperial
Facts:
1. Lopez Vito, chairman, who shall serve for nine years until 1954
2. Francisco Enage, member, who shall serve for six years until 1951
3. Vicente Vera, member, who shall serve for three years until 1948
In 1949, Respondent Perez was appointed to fill in Vera’s position, which was
vacated by his promotion to Chairmanship upon Vito’s death. Member Enage retired.
By this time, only two of the three Comelec seats at that time were occupied.
Issue: WON Imperial and Perez are legally continuing office as Chairman and Member of
Comelec respectively
Held: Yes
Ratio: The Court counted the respondent’s terms of office from 1941, when CA 567 was
implemented, completing the organization of the Comelec. The rules laid down are:
The Court ruled that to do otherwise would be to violate the rotational cycle
devised by the framers of the Constitution to ensure the continuity of the policies of the
Comelec. Also, with vacancies occurring only once every three years, a four-year
administration may not appoint more than one member of the Comelec at a time,
safeguarding against undue influence by the executive on the independent body.
According to the SC, the following occupied the seats during these times:
** In 1947, the first vacancy occurred when Chairman Vito died. The second vacancy
occurred when Enage retired.
Ordinarily, resignation or death Assuming the Comelec adopted the
creates a vacancy in the office. But the Court ROC suppletorily, it does not have the power
said that Constitutional Commissions like the to adopt rules on the disqualification of its
Comelec are exceptions to the rule, saying members because the Constitution provides
that anyone who succeeds as a member has that its members may only be removed
to deal with a shortened tenure. through impeachment.
** Imperial’s term ends in 1959, Perez in The older De Vera should be able to
1956. Quo warranto dismissed. inhibit himself solely on the basis of ethics.
(1) WON the Rules of Court applies to the 1. The Comelec, although it exercises
Comelec primarily executive functions, is an
independent constitutional body and is not
No. The Rules of Court, promulgated by under the control of the President. The
the Supreme Court, applies only to judicial discretion in filling out a vacancy in its
bodies under its general power of supervision. chairmanship shall belong to the commission
The Comelec is an independent, itself.
administrative body over which the Supreme
Court has jurisdiction only to the extent that 2. The lack of laws, similar to those rules that
it may review the Comelec’s decisions, guide the Supreme Court in filling out
ordinances or rulings on certiorari. vacancies, shall not diminish the
commission’s discretion. Otherwise
appointments revocable at will, would violate
the security of tenure and independence of Dario: Deputy Commissioner of the Bureau of
its members. Customs
Nature:
** Appointment held to be unconstitutional; • March 25, 1986, Aquino promulgated
without prejudice to members of the Comelec Proclamation No. 3
re-electing Yorac or somebody else until a • “DECLARING A NATIONAL POLICY TO
new Chairman is appointed by the President. IMPLEMENT THE REFORMS MANDATED BY
THE PEOPLE, PROTECTING THEIR BASIC
Besa vs. PNB RIGHTS, ADOPTING A PROVISIONAL
Nature: Original Petition in the Supreme Court. CONSTITUTION, AND PROVIDING FOR AN
Certiorari, prohibition, and quo warranto ORDERLY TRNASITION TO A GOVERNMENT
UNDER NEW CONSTITUTION”
Facts: • EO 127, Reorganization Program, was also
• Tomas Besa was appointed Chief Legal issued.
Counsel with the rank of Vice President of • Several acts and rules were issued to
PNB. comply with the proclamation.
• By virtue of a resolution by PNB president • January 6, 1988, Mison issued a
Roberto Benedicto, he became Consultant memorandum for employees where the
on Legal Matters. latter shall be:
• Conrado Medina took over his position. o Informed of their reappointment,
• PNB justified by saying that: or
o The position of Chief Legal o Offered another position in the
Counsel carries a special same department or agency
confidential relationship of lawyer o Informed of their termination
and client and thus they have the • As a result, Dario was one of the many
prerogative to designate or whose services were terminated subject to
change its lawyer normal clearances and possible receipt of
o The transfer was made by the retirement benefits under existing laws,
Board in the exercise of its rules, and regulations.
powers, upon recommendation of • Hereafter, the Civil Service Commission
the PNB president reinstated hundreds of employees who
were separated by Mison.
Resolution No. 1053: by BOD: shifted Besa to • Mison charged the CSC with grave abuse
Office of President as Consultant on Legal Matters, of discretion, a case that could be subject
without change in salary and other privileges to judicial review without prejudice to the
powers of CSC to have the final say to
Issue: WON Besa’s transfer was illegal cases involving its employees and officers.
Held: NO
• Dario invoked security of tenure.
Ratio:
Issues:
1. The position of Chief Legal Counsel was a
1. Is it constitutional to separate career civil
highly confidential position and such
service employees not for cause but as a
position’s term depends upon the will of
result of the reorganization pursuant to
the appointing power.
Proclamation 3 dated March 25m 1986?
2. Removal without just cause as a defense
Yes. Under Section 16 of Article
applies only to officers and employees
18: Transitory Provisions of the
enjoying a fixed term.
Constitution. It also applies to
3. According to Chief Justice, a primarily
separations as results of
confidential officer cannot be removed.
reorganization after the
His term merely expires according to
ratification of the Consti.
nature of job. Reyes says tenure of
confidential officers ends upon loss of
2. Was there a valid reorganization in the
confidence.
Bureau of Customs occurring at that time
4. Court also ruled that the position of Chief
which would validate Dario’s and several
Legal Counsel is primarily confidential and
others’ separation from office?
secondarily technical.
NO.
• NO change in the staffing pattern
Petition Dismissed.
prescribed by Section 34 of EO 127 was
made even after Mison took office.
Dario vs. Mison
Mison: Commissioner of Customs
• Mison separated 394 Customs personnel employee. He does not even directly
but replaced them with 522. This was report to the Office of the Chairman but to
proof that such separations were not the Area Supervisor who in turn
made to improve the bureaucracy and implements the directives of the Branch
make them more efficient. Chief Security Officer.
• It was also a defiance of President’s • His compensation level belongs to Pay
directive to halt further lay-offs as a Class 2 relative to the highest, Pay Class
consequence of reorganization. 12.
• Mison did not follow procedures laid down
by EO 127 regarding lay-offs. COA decision affirmed. Salas not reinstated.
Issue: WON Salas was a confidential employee Issue: WON the employees of SSS have the right
Held: NO to strike.
Held: NO
Ratio:
1. PD No 1869, which created PAGCOR, also Ratio:
included in section 16 that all employees • EO No. 180 implemented the Consti
of the casinos and related services shall guarantee of the right of govt employees
be classified as confidential appointees. to organize.
However, under the Consti and the Admin • However, section 14 thereof also provided
Code, classification of confidential that the Civil Service Law and rules
employees depends on the nature of their governing concerted activities and strikes
work.(Section 2(2) of Article 9-B). Court in the govt service shall be observed,
will have the final say as to whether subject to any legislation that may be
position is confidential or not. enacted by Congress.
• Court found that Salas did not enjoy ‘close • Such mentioned legislation was
intimacy’ with PAGCOR, which would Memorandum Circular 6 by CSC which
otherwise place him under the category of provided that ‘prior to the enactment by
a confidential employee. Congress of applicable laws concerning
• He does not enjoy primarily close intimacy strike by government employees…enjoins
that characterizes a confidential under pain of administrative sanctions, all
govt officers and employees from staging AO 29: Ramos, authorized the grant of
strikes, demonstrations, mass leaves, productivity incentive benefits for the year 1992 in
walk-outs and other forms of mass action the maximum amount of 1000
which will result in temporary stoppage or * return/refund of the excess within a period of 6
disruption of public service. months to commence 15 days after issuance of
order
Issue: WON RTC has jurisdiction over the case and
to issue a writ of injunction enjoining the AO 268: enjoins the grant of productivity incentive
continuance of the strike. benefits without prior approval of the president
* Productivity incentive benefits in a maximum
Held: YES. amount equivalent to 30 percent of his 1 month
basic salary but not less than 2000.
Ratio: It is the Public Sector Labor Management
that has jurisdiction over unresolved labor
disputes involving government employees. (thru • Constitutionality and Validity of
EO No. 180) However, it has not been granted by Administrative Order No. 29 and 268
law the authority to issue writs of injunction in Other petitioners granted incentives. No need
labor disputes within its jurisidiction. for refund coz there was no bad faith. ADEPT
not given incentives, as they are not covered
Blaquera vs. Alcala by RA 5971
Nature: Special Civil Action in the Supreme Court.
Certiorari and Prohibition
COMELEC
Facts:
• Petitioners were paid incentive benefits for Loong vs. COMELEC 305 SCRA 832
the year 1992, pursuant to EO 292, NATURE: Special Civil Action in the SC. Certiorari
otherwise known as the Administrative
Code of 1987 and the Omnibus Rules Facts:
Implementing Book V of EO 292. • Pursuant to RA No. 8436 prescribing the
• ADEPT members were granted incentive adoption of an automated election system,
bonus for 1992 pursuant to RA 6971 or the the May 11, 1998 regular elections in the
Productivity Incentives Act of 1990. ARMM was decided upon with the aid of
• Corporate Auditor disallowed the act as it counting machines.
was a violation of Admin Order 29.
• ADEPT questioned this action. • May 12, 1998: Atty. Tolentino, Jr. was
informed by some election inspectors and
Issue: WON ADEPT members were covered by RA watchers of discrepancies between votes
6971 or the Productivity Incentives Act. cast and the election returns for the
mayoralty candidates in the Municipality
• NO. PTA, employer of ADEPT members, is of Pata.
a government-owned and controlled
corporation with original charter subject to • Upon submission of problem to the
Civil Service Law, Rules, and Regulations. technical experts of COMELEC, it was
• It is already within the scope of the discovered that the ballots were not
incentives award system under Section 1, properly printed and such was the cause
Rule 10 of the Omnibus Rules of the wrong readings. Nothing was wrong
Implementing EO 292 issued by the Civil with the machines.
Service Commission.
• Tolentino reported to COMELEC Main and
Issue: WON AO 29 and AO 268 are violative of EO the latter issued Minute Resolution No. 98-
292 and hence null and void. 1747 ordering a manual count but only in
No. Part of control power of President. the municipality of Pata and the
Exercising his power of control by modifying the subsequent MR No. 98-1796 laying down
acts of the respondents who granted incentive rules for manual count
benefits to their employees without appropriate
clearance from Office of the President. President, • Private resondent Tan was proclaimed
not the Commission has the power to fix governor-elect of Sulu on the basis of the
incentives. manual count.
What were the violations? Issue: WON 2nd Division of COMELEC had
1. registered persons in order that they may jurisdiction and authority to proclaim Pacificador
vote on election day the winner in election.
2. tampered reports on number of voters: 10, Held: NO
727 instead of 10, 532
Ratio: Section 3 of Article 12-C:
Issue: Who has the power to investigate, “All election cases may be heard and
prosecute, and try election offenses committed by decided y division except contest involving
a public officer in relation to his office- COMELEC members of the Batasang Pambansa, which shall
and CFI or the Tanodbayan and Sandiganbayan? be heard and decided en banc.”
Section 182 of 1978 Election Code: Guevara vs. COMELEC 104 Phil 269
The Commission shall, thru its duly Nature: Original Action in the Supreme Court.
authorized legal officer, have the power to Prohibition with Preliminary Injunction
conduct preliminary investigation of all election Facts:
offenses punishable under this Code and to • Jose Guevara published in the Sunday
prosecute the same. The Commission may avail of Times an article entitled “Ballot Boxes
the assistance of other prosecuting arms of the Contract Hit.
government. • COMELEC ordered him to show just cause
why he should not be punished for
Had the employee not been an officer of contempt.
the COMELEC, regular courts would have • COMELEC claimed that such article would
jurisdiction. undermine the exclusive constitutional
Section 4 of PD No. 1606 gives function of Commission and its Chairman
Sandiganbayan jurisdiction over crimes or Domingo Imperial and member Sixto
offenses committed by public officers…In relation Brilliantes in the admin of all laws relative
to their office. to the conduct of elections.
However, Section 184 of the Election Cod
also gave to the CFI the
National authority
Shipyards and to hear
Steel andAcme Steel, Asiatic Steel to manufacture and supply COMELEC ballot
Corp,
decide all election
boxes offenses without qualification
as to the statusCOMELEC
of the accused.
cancelled contract with ACME as the latter failed to sign contract within designated time
Javier vs. COMELEC 144 SCRA 194
Nature: Petition to review the decision of the
COMELEC
IX. Courts and the Constitution
Issue: WON COMELEC had jurisdiction and
authority to investigate and punish petitioner for
contempt in connection with the alleged Marcos vs. Manglapus
publication
Held: NO Nature: Petition for mandamus and prohibition
Ratio: Facts:
• The controversy arose from the ministerial
act of the Commission in requisitioning for During the term of Cory Aquino, the
the necessary ballot boxes in connection Marcoses wanted to return to the Philippines but
with the elctions. were barred from doing so.
• It was a ministerial duty; it did not This is a petition for the court to order the
exercise any judicial function. respondents to issue travel documents to the
• Such being the case, it could not exercise Marcoses and to enjoin the implementation of the
power to punish contempt as postulated in President’s decision to bar their return to the
the law, for such power is inherently Philippines.
judicial in nature.
Issue: WON Cory had constitutional authority to
Libanan vs. HRET 283 SCRA 520 prohibit the Marcoses from returning to the
Nature: Special Civil Action in the SC. Certiorari Philippines. YES
Facts:
• May 28, 1997: HRET affirmed Sub-issues:
proclamation of Jose Tan Ramirez as duly
elected rep of Eastern Samar over Do the Marcoses have right to return to
Marcelino Libanan the Philippines? JUSTICIABLE QUESTION. COURT
• Libanan filed an election protest before HAS AUTHORITY.
HRET claiming, among other things, that
the May 8, 115 elections were marred by Is that a threat to national security?
massive electoral irregularities POLITICAL. PRESIDENT HAS POWER TO DECIDE.
perpetrated by Ramirez and his followers.
• Libanan prayed for HRET to issue an order Issue Held/ Ratio
to annul election and proclamation of WON president has YES.
Ramirez and thereafter so proclaim him as power to bar Article 2, Sec 4 and
duly elected Rep of Samar. Marcoses’ return 5:
• HRET said ballots had the required The President has
COMELEC watermarks and were thus obligation to protect the
valid. people, promote their
• Petitioners said the absence of the welfare and advance the
signature of the chairman of BEI deemed national interest.
ballots void. House Resolution
1342 even recognized
Issue: WON HRET committed GAD in ruling that power of President to
the absence of the signature of the Chairman of bar the return.
the BEI in the ballots did not render the ballots Resolution content: let
spurious them return (no
Held: NO implication of not
allowing president to bar
Failure of the BEI to sign the ballot shall return.
constitute an election offense. However, ballot WON president NO.
shall not be considered invalid. It merely renders acted arbitrarily in Declaration of threat
BEI Chairman accountable for such failure. determining the had factual bases:
(Section 24 of RA 7166) their return poses a • Marcoses were
threat to national driven out of the
Authenticating marks may be any of the following: interest and welfare country for
a) COMELEC watermark stealing millions
b) Signature or initials or thumbprint of from country’s
Chairman of BEI treasury.
c) Presence of red and blue fibers • Their return
would have
posed violence to any
against State. court
appoint
ed, or
persons
James Madison vs. James Madison, Secretary of holding
State office,
under
Nature: the he
Facts: authorit
y of the
• The late president of the
United
USA, Mr. Adamas
States.
nominated the
petitioners to the Senate • Writ of
and got their consent manda
and advice. mus: to
require
• They were to serve as
any
justices of peace of the
person,
Columbia.
corpora
• Together with their
tion, or
appointment,
inferior
commissions were to be
court
granted for them.
• To fo
• Such commissions were
some
signed by the President
particul
and affixed, by Madison,
ar duty
as Secretary of State,
therein
with the seal of the
specifie
United States.
d,
• However, when
• Which
petitioners asked for
apperta
their commissions from
ins to
the Secretary of State,
their
the same were refused
office
of them.
and
• Petitioners wanted court duty
to order Madison to
• And
deliver the commissions.
which
the
court
has
previou
Issue Held/Ratio sly
1. Whether NO. determi
the Supreme The legal remedy for appeals ned to
Court can differs. be
award the writ • The conson
of mandamus writ of ant to
in any case manda right
mus in and
cases justice
warrant • In all
ed by cases
the where
principl a party
es and has a
usages right to
of law, have
can be anythin
issued g done
• And bidding 30% to 51% of the outstanding shares of
has no the MHC. Renong Berhad, a Malaysian firm won
other the bid.
specific Petitioners herein invoke the Filipino First
means policy in their bid to acquire 51% of the shares of
of the Manila Hotel Corporation, which owns the
compell Manila Hotel. They also invoked Sec 10, Article 12
ing its of the 1987 Consti and claimed that
perfor • since the Manila Hotel
mance. has been identified with
2. Whether YES. the Filipino nation, to all
Madbury has a The President signed intents and purposes, it
right to the Madbury’s commission and the has become part of the
commission Secretary of State had affixed national patrimony
he demands the seal of the US to it. At this • MHC i part of the Phils’
stage, his appointment was tourism industry and
deemed independent of the thus is part of the
executive. Healso now had legal national economy
rights arising from his contemplated in section
appointment; a commission was 10 of Article 12.
one such right. Respondents maintain that FPP is not a
3. WON in the YES. self-executing policy but requires implementing
present case, The Secretary of State has legislation.
the court may two capacities: as an agent of
award a the President, he would not be Issue: WON petitioners have right to 51% of the
mandamus to liable to a mandamus. shares of Manila Hotel over the supposed winner,
James As a ministerial officer of the Renong Berhad, of the GSIS bid.
Madison, US, he is liable to a mandamus. HELD: YES
Secretary of The fixing of a seal to the
State commissions was one of his Ratio:
ministerial duties together with • National patrimony
his job as recorder of the deeds includes not only rich
of land, letters patent, and of natural resources but
commissions. also cultural heritage
As such, he has duties and mental ability or
assigned him by law, faculty of our people.
In the execution of which he is • Court ruled that Manila
independent of all control, Hotel is part of our
But that of laws. national patrimony as it
has always been mute
witness to the history of
this nation (naks!).
Malabo ‘tong digest na ‘to kaya basahin nyo ulit • Manila Hotel is also part
ang case. of the national economy.
• It is then accorded the
Constitutional protection
provided for in Section
10 of Article 12.
Nature:
Facts:
(a) violation of the constitutional proscription against cruel, degrading or inhuman punishment,
(c) being an undue delegation of legislative power, and (d) being discriminatory.
RA no. 8177: lethal injection as the method for the imposition of death penalty
Issues Held/Ratio
1. WON lethal injection violates Section 19, NO.
Article 3 of the Constitution • Although the Director of Prisons is not a
Par. 2 Section 19 of Article 3: trained phlebotomist, section 1 of the third
“The employment of physical, psychological, or par. Of RA 8177 requires that prior to the
degrading punishment against any prisoner or execution, all involved personal shall be
detainee or the use of substandard or inadequate trained in the task so as to avoid inflicting
penal facilities under subhuman conditions shall be unnecessary pain. The Consti protects
dealt with by law.” convicts only from punishment which are
inherently cruel and degrading.
• The pain experienced in lethal injection is
only incidental to the execution not its main
feature.
2. WON reimposition of the death penalty violates NO
international treaty obligations • International Convention on Civil and
Political Rights recognizes that capital
punishment is an allowable limitation on the
right to life but should be limited to most
serious crimes (Article 6, section 2)
• The Philippines did not sign nor ratify the
Second Optional Protocol to the International
Covenant on Civil and Political Rights, Aiming
at the Abolition of the Death Penalty.
3. WON RA no. 8177 is undue delegation of NO.
legislative power to the Secretary of Justice and the • It is a form of delegation of legislative
Director of Bureau of Corrections authority to administrative bodies.
Under the Administrative Code of 1987, the Bureau
of Corrections which drafted the details for the lethal
injection execution is a constituent unit of the
Department of Justice tasked to take charge of the
administration of the correctional system.
• The Secretary of Justice is thus tasked to
supervise the Director of the Bureau of
Corrections in promulgating the Lethal
Injection Manual in consultation with the
DOH
4. WON section 19 of the rules and regulations to YES.
implement RA No. 8177 is invalid. • Section 19: Execution Procedure delegates
the making of the Lethal Injection Manual
solely to the Director of the Bureau of
Corrections but does not include the
Secretary of Justice’s authority or mode of
approval or review for such manual.
• Second paragraph of section 19 requires the
confidentiality of the contents of the manual
even with respect to convict and to the
public at large.
• 2nd paragraph violates Section 7 of Article 3
of Consti: the right of people to information
on matters of public concern.
• No legal impediment exists for the convict to
have access to the contents of the manual.
5. WON Section 17 of the Rules and Regulations to YES.
Implement R.A. No. 8177 is invalid for being * Section 17 provides suspension of death penalty for
discriminatory and contrary to law. (Suspension of 3 years for pregnant women. This is a violation of
the Execution of the Death Sentence) Article 83 of the RPC which only suspends execution
to a year. Where there is conflict between an
implementing law and a congressional statute, the
statute must remain.
Respondents are hereby enjoined from enforcing and implementing Republic Act No. 8177 until the
aforesaid Sections 17 and 19 of the Rules and Regulations to Implement Republic Act No. 8177 are
appropriately amended, revised and/or corrected in accordance with this Decision.
Nature: Special Civil Action in the Supreme Court. Certiorari and prohibition
Certiorari: to annul or modify the proceedings of any tribunal, board, or officer exercising judicial function
without or excess of its jurisdiction or with GAOD as the law requires.
Facts:
Petitioners wanted RA 8240 to be declared null and void because
• it was passed in violation of the rules of the house
• that these rules embody the Consti mandate (Section 16 par 3 of Article 6) ‘that each House may
determine the rules of its proceedings and
• that a violation of the rules is a violation of the Consti itself.
What happened?
Representative Arroyo approved the conference committee report with Arroyo’s pending question of
the presence of a quorom.
RA 8240: amends certain provisions of the National Internal revenue Code by imposing so-called sin taxes
(actually specific taxes) on the manufacture and sale of beer and cigarettes.
Issue: WON Congress committed a grave abuse of discretion in enacting RA No. 8240.
(it was necessary to find out if Congress acted in GAOD to determine Court’s jurisdiction on the case)
Held: NO
Ratio:
1. The alleged violations were merely that of internal rules of procedure of the House rather than
constitutional requirements for the enactment of the law.
2. The Courts cannot declare an act of legislature void on account of noncompliance of rules of
procedure. Besides:
• no rule of the House of Representatives was cited which specifically requires that in cases involving
approval of a conference committee report, that Chair must restate the motion and conduct nominal
voting.
• The manner by which House No. 7198 was approved was not a unique one
• Local Government Code of 1991 was approved in the same manner
• The Consti does not require that yeas and nays be taken every time the House has to vote except:
a) upon the last and 3rd reading of bill
b) at the request of 1/5 of the members
c) in repassing a bill over the veto of the President
3. Rep. Arroyo waived his objection when session reconvened.
4. Under the enroleed bill doctrine, the signing of H. No 7198 are conclusive of its due enactment.
Lopez vs. Roxas
Facts:
• January 5, 1966, Roxas filed a petition at the Presidential Electoral Tribunal contesting the victory of
Lopez.
• Petitioner contended that Presidential Electoral Tribunal should not be allowed to hear the case
because
• Republic Act No. 1793, creating said Tribunal, is "unconstitutional", and that, "all proceedings taken
by it are a nullity."
Issues:
1. WON RA No. 1793 is inconsistent with the Constitution because the latter does not provide for
election protests involving the office of the President and the vice president as this would prejudice
the tenure of the president and the vice president
HELD: NO
RATIO:
A protest regarding the validity of the victory of a presidential or vice presidential candidate
does not in any way prejudice his tenure. The protest, in the first place, is a question of the validity of
such person’s authority to be president or vice president.
If it is discovered that such candidate won because of tampered ballots and the like, then his
victory would be invalid.
2. WON it is illegal to allow members of the Supreme Court to sit in the Presidential Electoral Tribunal as
this would be a violation of the separation of powers.
HELD: NO
RATIO:
a) the power to judge to judge matters concerning the election, returns and qualifications…is
essentially judicial
b) Upon the other hand, the Presidential Electoral Tribunal has the judicial power to determine
whether or not said duly certified election returns have been irregularly made or tampered
with, or reflect the true results of the elections in the areas covered by each, and, if not, to
recount the ballots cast, and, incidentally thereto, pass upon the validity of each ballot or
determine whether the same shall be counted, and, in the affirmative, in whose favor, which
Congress has no power to do.
HELD: NO
Ratio:
1. A consul is not entitled to
privileges and immunities of an
ambassador or minister.
2. He is subject to the laws and
regulations of the country to
which he is accredited.
3. Phil Consti conferred original
jurisdiction in all cases affecting
ambassadors, other public
ministers, and consuls to the SC.
Original jurisdiction is not equal to
exclusive jurisdiction. CFI Manila
has authority to try case.
4. Article 15, section 2 of the 1935
Consti provided that the laws of
the Phil Islands in force at the time
of the adoption of the Consti were
to continue in force until the
inauguration of the
Commonwealth
PETITION DENIED
1935 Consti!!
Facts:
The constitutionality of Section 14 of the People’s Court Act (CA Act No. 682) was questioned in this
case.
Issue Held/Ratio
1. WON Congress had power to add to the pre- NO.
existing grounds of disqualification of a Justice of the • Disqualification by virtue of membership in
Supreme Court either or both the Philippine ExeCom and the
Phil republic or any branch, instrumentality
and/or agency thereof, is not mandated in
the Consti
• ALL members of the Supreme Court cannot
be deprived of the authority over criminal
cases where the penalty may be death or life
imprisonment (treason has such penalty)
• Deprivation of a judge’s authority is
deprivation of judicial power.
2. WON a person may act as a Justice of the Supreme NO.
Court who has not been duly appointed by the • Judges of mentioned courts only have the ff.
President and confirmed by the COA, even only as a requirement: section 6, article 8
designee a) should have practiced law for a period of not
less that five years or have held during a like
period within the Philippines an officer
requiring a lawyer’s diploma
• However, Justices of the SC are required to
be at least 40 years old and
• Have served for 10 years or more as judge of
a court or record or engaged in the practice
of law in the Philippines
3. WON section 14’s approval of a judge of FI, Judge- NO.
at-large of FI, or Cadastral Judge is valid and that the • No temporary composition of the Supreme
mentioned judges can ‘sit temporarily’ as justice of Court is allowed in the Constitution
the Supreme Court to complete the quorum in cases • Section 14 of said act does not satisfy the
where a justice may not sit and vote when the constitutional requirement of appointment
accused is a person who held office or position under such that members of the SC must be
either or both the Phil ExeCom or the Phil Rep or any appointed by the President with the consent
B,I, A thereof of the COA.
Nature: Petition for certiorari and mandamus with preliminary injunction to annul and set aside an order of
the CFI, Ilocos Sur.
Facts:
May 22, 1970: a group of armed persons descended on barrio Ora Cento, Bantay, Ilocos Sur and set
fire to various houses.
• they also went to Ora Este and burned houses also killing a woman named Vicenta
Balboa
June 10, 1970: Provincial Fiscals and prosecutors from the DOJ filed:
• Criminal Case 47-V for arson with homicide
• Criminal Case 48-V for arson
• Charged 17 of the respondents with 82 others who conspired in the act
• Trial was set for July 27-29, 1970
June 22, 1970: prosecution sought to move trial of case to Circuit Criminal Court to ensure security of
witnesses and personal safety.
• respondent judge refused to transfer the case and reasoned out that since the
accused had already pleaded, transfer was no longer to be heard of.
• Under Section 4 of Rep. Act No. 5179 request for change of venue from SC should
have been done at the very inception of the cases.
Petitioners filed this case to set aside decision of respondent judge and to try the cases at either San
Fernando or Baguio City.
Issue: WON the Secretary of Justice has the power to determine what court should hear specific cases
Held: NO
Ratio:
• violated doctrine for the separation of powers
• Republic Act. No. 5179 creating that Circuit Criminal Court did not and does not
authorize the Secretary of Justice to transfer thereto specified and individual cases.
(Although in this case, Secretary of Justice authorized, not ordered judges to
transfer cases. La siyang violation actually)
• The change of venue in trying cases is in the interest of truth of justice. I the case
at bar, witnesses said they were willing to testify as long as the proceedings would
not be in Ilocos.
Added info: Section 14(a) of Rule 110 of Revised Rules of Court: criminal cases should be tried in the places
where they were committed
However, said section has 5 exceptions:
a) piracy
b) extra-territorial offenses contemplated in Article 2
c) continuing offenses
d) criminal and civil actions arising from written defamation
e) where the application of general rule would prevent a fair and impartial inquiry into the actual
facts of the case
In re Cunanan
Facts:
Republic Act No. 972 popularly known as the ‘Bar Flunkers’ Act of 1953’ was enacted on June 21,
1953 without executive approval. (Senator Pablo Angeles David authored the bill)
As a result, 1, 094 unsuccessful bar candidates were to be benefited by the act.
Purpose of the law: to overcome insufficiency of reading materials and the inadequacy of the preparation of
these students when they took the bar (after the war daw kasi)
Ratio:
1. It was a manifest encroachment on the constitutional responsibility of the Supreme Court.
2. Legislature exceed in its power to repeal, alter, and supplement the rules on admission to Bar. It is
the job of the Supreme Court to render ultimate decision as to who is fit to practice law.
3. Inadequate preparation is not a valid excuse for flunking the bar and is an arbitrary classification of
people taking the bar. Inadequately prepared students should not be lawyers in the first place.
4. Article 2 of Republic Act No. 972 is not embraced in the title of the law.
Republic Act No. 972: An Act to Fix the Passing Marks for Bar Examinations from Nineteen Hundred and
Forty-Six Up to and Including Nineteen Hundred and Fifty-Five
In re IBP
Facts:
On September 17, 1971, Marcos enacted Republic Act 6397 providing for the Integration of the
Philippine Bar and Appropriating Funds therefor. (source of law: House Bill No. 3277)
Integration mean the official unification of the entire lawyer population of the Philippines.
• requires membership
• and financial support
• aimed to make the law profession more efficient and effective.
Issues Held/Ratio
1. WON Court has power to integrate the Philippine YES.
Bar Under Article 8, Section 3, the SC has the power
‘ to promulgate rules concerning pleading, practice,
and procedure in all courts and the admission to the
practice of law.
The ACT neither confers a new power or
restricts Court’s inherent power but is a mere
legislative declaration that integration will promote
public interest.
2. WON integration is constitutional YES.
a) compelling membership: constitutional? On the question of compelled membership,
b) Membership fee: constitutional? Integration does not make a lawyer a member of any
group of which he is already a member.
On the question of compelled payment of fee, it
was reasoned out that such amount would only be
incidental to its purpose. The State may only
‘discipline’ the bar if it poses a fee that results to an
unconstitutional burden.
3. WON Court should ordain the integration of the YES.
Bar at this time. Integration in other countries has resulted to:
• improved discipline among
members
• more meaningful
participation of lawyers
• hay marami pala..tingnan
niyo na lang org
Majority of local associations of lawyers have
already approved of the bar. 96.45 per cent of
lawyers also approved integration
Nature:
Facts:
Two hand grenade explosions occurred on August 21, 1971 at Plaza Miranda where the Liberal Party
of the Philippines was holding a public meeting for the presentation of its candidates for the November 8,
1971 elections. Eight persons were killed and many were injured.
As a result, Marcos issued Proclamation No. 889, suspending the privilege of the writ of habeas
corpus.
Petitioners sought for writs of habeas corpus after being arrested without a warrant therefore and
detained. They questioned the validity of Proclamation No. 889.
Issue Held/Ratio
1. WON Proclamation No. 889 violated par. 4 No.
section 1 of article 3 and par 2, section 10 of Petitioners initially contended that the
article 7 of Consti proclamation was made based solely on the
idea that there was a conspiracy and intent to
rise in arms among several groups in the
country.
However, court held that with the
modifications thru Proclamation No. 889-A,
Marcos declared that the ‘enemy groups’ had
already entered into the conspiracy and have
in fact joined together to engage in armed
insurrection and rebellion.
The Plaza Miranda incident was only one
among the many violent incidences that
brought forth such proclamation.
IN case of invasion, insurrection or rebellion, the President can: 1) call out the armed forces
2) suspend the privilege of the writ of habeas corpus
3) put Philippines or any part therof under martial law
Lacson vs. Romero
Nature: Original Action in the Supreme Court
Facts:
July 25, 1946: Antonio Lacson was appointed by President as provincial fiscal of Negros Oriental
May 17, 1949: President nominated Lacson to post of provincial fiscal of Tarlac upon recommendation of
Secretary of Justice
Agabin question: Ahh, what are the steps for the aah… appointment of fiscal?
1. nomination by President
2. to make nomination valid and permanent, COA must confirm
3. acceptance thereof by the appointee manifested thru his assumption of office
Issues Held/Ratio
1. WON COA’s appointment of Lacson to Tarlac NO.
created a vacancy in the Negros fiscal office
Since Lacson declined to accept the nomination,
there was no vacancy.
2. WON nomination and confirmation of Lacson to YES.
Tarlac served as removal of Lacson from office However, no reason was presented as to why
Lacson was to be removed. He did not even accept
nomination.
3. WON President can remove at any time, a fiscal he NO.
himself appointed to office Article 12 section 4 provides that ‘no officer or
employee in the civil service shall be removed or
suspended for causes provided by law.’
Section 671 of RAC as amended by
Commonwealth Act No. 177 section 8 classifies
provincial fiscals as person embraced in unclassified
civil service.
Issue: WON Section 35 of Civil Service Act applied The provincial fiscal himself could not file
to Garcia, a presidential appointee. a complaint of rape without sworn statement of
offended party.
Section 35 of Civil Service Act: Lifting the
preventive Suspension Pending Administrative Decision: Investigation was illegal and
Investigation- When the admin case against the unauthorized.
officer of employee under preventive suspension
is not finally decided by the Commissioner of Civil Qua Chee Gan vs. Deportation Board
Service within a period of 60 days after the date of
suspension, the respondent shall be reinstated in Nature: Appeal from the decision of CFI, Manila
the service. IF the respondent officer or employee
is exonerated, he shall be restored to his position Facts:
with full pay for the period of suspension. CFI denied petition for writs of habeas
corpus and/or prohibition, certiorari, and
Held/Ratio: YES mandamus for his case.
The provision only provides for officers On May 12, 1952, Special Prosecutor
and employees. No specific mention of WON that Emilio L. Galang charged petitioner before the
official is a presidential appointee. Deportation Board.
The crimes:
The suspension is not meant to be a • purchasing $130,000 with license from
penalty for the crime. It is an administrative Central Bank and remitted it to Hong Kong
disciplinary action. • attempted bribery of Phil and US officials
(Chief of the Intelligence Division of the CB
It is not necessary that the Commissioner and member of US Air Force)
of Civil Service would eventually decide the case.
It is assumed that the cases of all civil service In effect Deportation Board issued a warrant
officers would pass through the Commissioner of of arrest for petitioner (E.O. No 398, series of
Civil Service for scrutiny and investigation. 1951). Upon fixing of bonds, petitioner was
temporarily set free.
Effect: Garcia reinstated.
Salcedo asked to vacate.
Petitioners questioned the jurisdiction of
Issues: the General Court Martial of the Philippine Army
1. WON President has authority to deport over the case.
aliens
Held: Yes. They also sought for the records of their
Section 69 of Act NO. 2711 of RAC: cases’ proceedings to be reviewed by the
No alien can be deported by prexy EXCEPT Supreme Court.
upon prior investigation, conducted by said
executive or his authorized agent, of the Issues:
ground upon which such action is 1. WON petitioners were under jurisdiction
contemplated. of General Court Martial of the Philippine Army
Decision: E.O. No 398, series of 1951: declared “Court Martials are agencies of executive
illegal character and one of the authorities for the
ordering of courts martial has been held to be
Deportation may be effected in 2 ways: attached to the constitutional functions of the
1. by order of President, after due President as Commander-in-chief,
investigation, pursuant to Section 69 of independent of legislation.”
the RAC
2. by Commissioner of Immigration, upon
recommendation by the Board of
Commissioners under Section 37 of
Commonwealth Act No. 613
Facts:
Ramon Ruffy, Jose L. Garcia, Prudente
Francisco, Dominador Adeva, and Adres Fortus
allegedly killed Lt. Col Jurado.
At the time of the time, Ruffy was already
relieved of his assignment as Commanding
Officer, Bolo Battalion.
Facts:
Shigenori Kuroda, formerly Liuetentant General of the Japanese Imperial Army and Commanding
General of the Japanse Imperial Forces in the Philippines during the period covering 1943 and 1944,
• who is now charged before a Military Commission
• convened by the Chief of Staff of the AFP with
• having unlawfully disregarded and failed
• to discharge his duties as such commander
• to control the operations of members of his command,
• permitting them to commit brutal crimes against civilians and prisoners of the Imperial Japanese
Forces
• in violation of the law and customs of war
Petitioner questions:
• the constitutionality of E.O. No 68
• the participation of Melville Hussey and Robert Port in the proceedings of the case
Issues:
Issues Held/Ratio
1. WON E.O. No 68 was constitutional YES.
• established a National War Crimes • Section 3 of Article 2 provides: The
Office Philippines renounces war as an
• prescribed rules and regulations instrument of national policy, and
governing the trial of accused war adopts the generally accepted
criminals principles of international law as part
• issued by President on July 29, 1947 of the law of the nation.
• Part of President’s power as
Commander-in-Chief to consummate
unfinished aspect of war, namely, the
trial and punishment of war criminals.
• Although Philippines was not a
signatory of the Hague Convention,
the crime was committed when we
were under the US, a signatory
country.
• Had we not been under US, it would
still have been valid becoz said E.O.
was pursuant to the general
application of national policy against
war.
2. WON 2 American attorneys, Hussey and YES.
Port can participate in the case even if they
were not qualified to practice law in the • Military Commission is a special
Philippines under Rules of Court military tribunal governed by special
law not Rules of Court.
• Lawyers appearing in Military
Commission need not be lawyers
qualified to practice law in the
Philippines.
Facts:
Cases at bar:
1. Petition for prohibition with a prayer for a write of preliminary injunction for Case Nos. until his
term as President is over : (February 5, 2001) Court G.R. No. 146710-15
OMB 0-00-1629: Ramon A. October 23, Bribery and graft and corruption
Gonzales 2000
2. Quo Warranto: confirm him as lawful and incumbent President of the Philippines temporarily
unable to discharge his duties. (February 6, 2001) Court GR No. 146738
Issue Held/Ratio
1. WON the petitions present a justiciable YES.
controversy Section 1, Article 8 Consti: but also to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of government
If not, WON whether Estrada is immune Estrada resigned. No need for impeachment in
from criminal prosecution order allow suits to be filed against him.
IN VIEW WHEREOF, the petitions of Joseph Ejercito Estrada challenging the respondent Gloria
Macapagal-Arroyo as the de jure 14th President of the Republic are DISMISSED.
IBP vs. Zamora
Nature: Special Action for certiorari and prohibition with prayer for issuance of a temp. restraining order
Petitioner sought to nullify order of Pres. Estrada commanding the deployment of the Phil. Marines to
join PNP in visibility patrols around metropolis.
Such deployment was to be temporary.
Facts:
During the term of Cory Aquino, the Marcoses wanted to return to the Philippines but were barred
from doing so.
This is a petition for the court to order the respondents to issue travel documents to the Marcoses
and to enjoin the implementation of the President’s decision to bar their return to the Philippines.
Issue: WON Cory had constitutional authority to prohibit the Marcoses from returning to the Philippines. YES
Sub-issues:
Do the Marcoses have right to return to the Philippines? JUSTICIABLE QUESTION. COURT HAS
AUTHORITY.
Facts:
San Miguel Bay became the center for the dispute over trawl fishing.
Sustenance fishermen complained about the operations alleging that those operations depleted the
resources of that marine area.
In effect, President issued E.O.s 22, 66, and 80 which had the effect of prohibiting trawl fishing in the
said area.
Issues: Held/Ratio
1. WON President has authority to issue E.O.s 22, YES.
66, and 80 Section 10(1) of Article 7 of Consti gives
president control over executive departments.
Dept of Agriculture and Natural Resources is
subject to the general supervision and control of
Pres.
2. WON E.O.s were valid VALID and issued with authority of law
3. WON it was undue delegation of powers to NO.
President Act no. 4003 of Legislature as amd. By
Commonwealth Act No. 471 intended to prohibit
devices like trawl nets that deplete food supply
from sea and it authorized Secretary of Agriculture
and Natural Resources who in turn is under
supervision of President.
Nature: Original Action in the Supreme Court. Prohibition and mandamus with preliminary injunction.
Facts:
December 29, 1961: Garcia appointed Dominador Aytona as ad interim Governor of the Central Bank
Aytona takes oath
December 31, 1961: Macapagal issued Administrative Order No. 2 all ad interim appointments made
by Garcia after December 13, 1961 (when Macapagal was proclaimed by Congress).
Facts:
Petitioners sought to prohibit in their appointed jobs:
Salvador Mison: Office of Commissioner of the Bureau of Customs
Guillermo Carague: Secretary of the Department of Budget
Petitioners alleged that those appointments were void by reason of its not having been confirmed by
the Commission on Appointments.
Section 16, Article 7 of 1987 Consti: “The President shall nominate, and with the consent of the
Commission on Appointments, appoint …”
* The first groups requires consent and confirmation by COA (by virtue of statutory construction)
Held:
No.
Only the first group of appointees requires explicitly the need for consent and confirmation.
The second sentence of provision says: He shall also appoint…
No explicit reference to the need of COA’s consent was then mentioned.
Appointments valid.
Demetria vs. Alba • PD 1177 overextends powers of President.
• Allowed him to indiscriminately transfer
Nature: Petition for prohibition with preliminary funds from one dept to another.
injunction to review the constitutionality of the
first paragraph of Section 44 of Presidential
Decree No. 1177 (Budget reform Decree of 1977)
Facts:
Petitioners, members of the National
Assembly/Batasan Pambansa questioned the
constitutionality of the presidential decree.
• authorizes illegal transfer of public money
• does not specify purpose and objective of
proposed transfer of funds
• allows president to override the
safeguards in approving appropriations
• undue delegation of legislative powers to
executive
• such transfers are without or excess or
their jurisdiction
Held:
Vs.
Petitioners sought:
1. for the nullification, on constitutional grounds, of the concurrence (Senate Resolution No. 97) of
the Philippine Senate in the ratification by the President of the Philippines of the Agreement
Establishing the WTO
2. for the prohibition of its implementation
Issues Held/Ratio
1. WON Court has jurisdiction YES.
Petitioners alleged that WTO agreement
violated the Consti mandate to ‘develop a self-
reliant and independent national economy
effectively controlled by Filipinos (Sec 19, Art
2) xxx to give preference to qualified Filipinos
(Sec 10, Art 12) and to promote the
preferential use of Filipino labor, domestic
materials, and locally produced goods (Section
12, Art 12).
2. WON WTO agreement violated Consti mandate NO.
on economic nationalism While the Consti mandates economic
nationalism, it also:
• recognizes the need for business
exchange with the world
• exchanges need to be based on
equality and reciprocity
• Consti is only against unfair foreign
competition.
• Consti does not rule out foreign
competition.
WTO provided:
* protection for weak economies thru one-
on-one negotiations with developed
countries
3. WON WTO Agreement unduly limits legislative YES but that is not unconstitutional per se.
power • Treaties do limit absoluteness of
(a provision in the agreement says that sovereignty.
Congress could not pass laws for national • By surrendering state power, nations
interest and general welfare if it were reap greater benefits which are results
inconsistent with agreement) of the provisions of international law
Constitutional!
Facts:
Emmanuel Pelaez, vice president of the Phils. instituted this special civil, for a writ of prohibition with
preliminary injunction, against the auditor general and his reps and agents, from passing in audit any
expenditure of public funds in the implementation of the ff. exe. orders from the prexy which the latter
claimed as pursuant to Sec. 68 of the Rev.Admin. Code.
E.O. Nos 93-21, E.O. 121, E.O. 124, E.O. Nos 126-129 ( creating 33 municipalities)
Section 68 of Rev. Admin Code
-grants the prexy the power to create municipalities with the necessary stipulations provided by the
legislative branch
Pelaez maintained that section 68 of the Rev. Admin. Code had already been repealed by Section 3
of Republic Act. No. 2370.
“ Barrios shall not be created or their boundaries altered nor their names changed except under the
provisions of this Act or by Act of Congress.”
Teka, di ba iba naman ung pinag-usapan ng dalawang laws? As in barrios and municipalities?
- Oo nga. Pero ang logic kasi dito, barrios make up municipalities and because the president is not
granted the power to create barrios, lalo na kaya ang municipalities which are made up of barrios.
Issue:
WON the president has authority to create new municipalities
Held:
The court granted the petition on ff grounds:
1. The creation of municipalities is not an administrative function but one, which is essentially and
eminently legislative in character. (Section 3 of rep. Act 2370). It is only administrative in as
much as it allows the adoption of means and way to carry into effect the law creating the said
municipalities.
2. Section 10 (1) of Article VII of Consti- grants prexy control over exe. institutions and general
supervision of LGs as prov. By law. This only grants him the authority to check whether the
offices are performing their duties as provided by law. In the case at bar, the prexy did more than
that. By creating new municipalities, he is in effect submitting local officials to submit to his
dictation, something denied of him by consti.
3. Sec. 68 of Rev. Admin Code must be deemed repealed by the subsequent adoption of the 1935
Consti, which grants the prexy control over exe. branches and units (e.g. municipalities) but not
the power to create or abolish new ones (this one’s legislative)
May opinions pa. Basahin nyo na lang. It’s’ like historical kasi so medyo fun siya. (boink.)
Facts:
Maraming kaso pala ‘to.
1. J. Antonio Araneta
- under prosecution for the violation of E.O. No. 62
- E.O. No. 62-regulates rentals for houses and lots for residential buildings
- Prays of writ of prohibition to judge and fiscal
2. Leon Ma. Guerrero
- E.O. NO. 192- aims to control exports from the Phils. ( pertinent to case at bar: forbids export
of shoes)
- Seeks a writ of mandamus to compel Admin. Of the Sugar Quota Office and the
Commissioner of Customs to permit the exportation of shoes
3. Eulogio Rodriguez, Sr (pres. Of Nacionalista party)
- E.O. No. 225- appropriates funds for the operation of the Gov. of the Phils.
- Applies for writ of prohibition to restrain the treasurer of the Phils from disbursing money
under this E.O.
4. Antonio Barredo
- E.O. No 226- appropriates Php 6,000,000 to defray expenses in connection with and
incidental to the holding of elections to be held in Nov. 1949
- Asks court to prevent respondents from disbursing such amount
E.O.s in question: 62, 192, 225, 226
Basic premise of the petitioners: such E.O.s are null and void because Emergency Powers Act
(Commonwelath Act NO. 671) have ceased to exist.
Act. No 671. An act declaring a state of total emergency as a result of war involving the Phils. And
authorizing the president to promulgate rules and regulations to meet such emergency.
Issue:
WON the E.O.s included in the case at bar are null and void.
Held:
The court held that E.O.s Nos. 62, 192, 225, and 226 were null and void; issued without authority of law
as they were issued after May 25, 1946 when Congress first met ion regular session and Act no. 671
became inoperative.
Legal Basis:
Act No. 671 Section 3: limits the emergency powers of prexy to the time the legislature was prevented
from holdings sessions due to enemy action or other causes brought on by war
“ the prexy shall as soon as practicable upon the convening of the Congress of the Phils report thereto all
the rules and regulations promulgated by him under the powers herein granted.” (in effect, as soon as
this meeting occurs, the emergency powers or the prexy are deemed inoperative unless reenacted with
authority from legislature)
mas makapal pa ung pages for opinions compared to pages for the court’s decision. Kakastress.
______________________________________________
People and the Hongkong and Shanghai Banking Corp vs. Jose O. Vera, judge ad interim of the CFI of Manila
Facts:
Petitioners pray for the issuance of the writs of certiorari and of prohibition so that the CFI of Manila
may not entertain further the application for probation of Mariano Cu Unjieng. In effect, the latter would be
committed to prison in accordance with the final judgment of conviction rendered by court.
Final Conviction: indeterminate penalty ranging from 4 years and two months of prision correctional to 8
years of prision mayor, to pay costs and with reservation of civil action to Hongkong and Shanghai Banks.
Issue:
1. WON the constitutionality of Act. No. 4221 has been properly raised in these proceedings
• Act 4221- Probation Act
- prescribes in detailed manner the procedure for granting probation to accused
persons after their conviction has become final and before they have served their
sentence
Held: the constitutional issue has been sufficiently presented not only in the Sc but also in the trial
court. Judge Vera however declined to pass upon the question on the ground that the private
prosecutor had no authority to raise the question because his rights were not affected by the statute.
Simply stated, the constitutionality of any statute is relevant to every person who will be, sooner or
later, affected by it. The People of the Philippines, thus have every right to raise the question of
constitutionality of such statute which may, sooner or later, affect them (huh? Intindihan nyo ba?)
Possible Sir Agabin Question: But was it right to raise the issue of constitutionality only after the
proceedings of the case? Shouldn’t they have done that before?
Possible Answer: In most cases, the question of constitutionality must be raised at the earliest
opportunity. However, the exception to that general rule applies to cranial cases wherein the
question may be raised for the first time at any stage of proceedings either in the trail court or on
appeal if it is nec. to the decision of the case.
2. if issue 1 is in the affirmative, WON said act is constitutional.
The constitutionality of Act 4221 is challenged on 3 grounds:
1. it encroaches upon the pardoning power of the executive (probation is different from pardon. It is
a purely judicial act which does not exempt probationer from the entire punishment which the
law inflicts. Executive pardon is against the crim. law which binds and directs judges.
Facts:
On August 1, 1919, the Governor-General issued a proclamtion fixing the price at which rice should be
sold (E.O. No. 53).
On August 8, 1919, Ang Tang Ho was charged and subsequently found gulity with a violation of the
mentioned proclamation for selling rice at an excessive price ( .80/ganta).
Held:
The court ruled that E.O. No 53 is unconstitutional and void.
Act No. 2868 is a general rule regarding the regulation of palay, rice, and corn sales. It does not
however grant the Governor General the power to fix the prices of rice without justifiable cause. Such specific
stipulations are for the legislature to decide.
(basahin niyo ung orig to get the full idea of what the act was all about.)
Gualberto J. De La Llana (judge Brnach 2, City Court of Olongapo) vs. Manuel Alba, Minister of Budget
Nature: Petition directly filed with the Supreme Court for the adjudication of the Constitutionality of Batas
Pambansa Blg. 129
Facts:
* Cabinet Bill no. 42…sponsored by Chairman of the Committee on Justice, Human Rights, and Good Govt.
Petitioners sought to enjoin Minister of Budget, Chairman of the Commission on Audit, and Minister of
Justice from taking any action in implementing Batas Pambansa Blg. 129
Held:
The court’s opinion was: Batas Pambansa Blg. 129 is not unconstitutional.
On August 7, 1980, a Presidential Committee on Judicial reorganization was organized thru an E.O.
which was later amended by E.O. N0. 619-A dated September 5, 1980.
3. the law is simply a response to the need for institutional reforms which would result in:
a. more efficiency in the disposal of cases
b. improvement of quality of justice
c. modifications of court jurisdictions
* Batas Pambansa Blg. 129 also results in the abolition of certain inferior courts in the process of modifying
court jurisdictions. However, this is not a violation of powers since such abolitions will be done in good faith
and for the attainment of a better judicial system as was the intended purpose of the statue in the first place.
Facts:
• May 30, 1980: petitioners were charged for subversion (PD No. 885-Revised Anti-Subversion Law)
• upon the recommendation of the respondent Judge Advocate General (Gen. Hamilton Dimaya)
and
• the approval of the respondent Minister of National Defense (Juan Ponce Enrile)
Respondent Chief of Staff of AFP (General Romeo Espino) created the Military Commission No. 34 to
try the case.
July 30, 1980: amended charges to: 1) unlawful possession of explosives and incendiary devices; 2)
conspiracy to assassinate Marcoses; 3) conspiracy to assassinate Messrs. Tangco, Roño, and Corpus;
5) arson of 9 buildings 6) attempted murder of Messrs. Leonardo Perez, Valencia, and Generals
Espino and Ver 7) conspiracy and proposal to commit rebellion, and inciting to rebellion
Issues Held/Ratio
1. WON military commissions can try civilians for NO.
offenses committed during martial law when civil • Military Tribunals are executive
courts were open institutions.
• Provided by legislature for the President
as Commander-in-Chief
• To aid him in properly commanding the
army and navy and enforcing discipline
therein
• Case at bar involves criminal offenses.
Only judiciary can interpret what
constitutes criminal offense
• Besides, Proclamation No. 2045 (January
17, 1981-lifted martial law) divest Military
Commission No. 34 of its ‘supposed’
authority to try civilians.
2. WON Military Commission NO. 34 violated due YES.
process of law (unconstitutional) • violated Section 18, Article 7: state of
martial does not suspend Consti nor shall
it supplant functioning of civil courts to
military tribunals (gist lang ‘to)
• so long as civil courts are open,
proceedings have to be done in those
places except when the offenses are
merely administrative in nature
Facts:
• Commissioner of Customs Manuel Manahan filed an administrative complaint against Collector of
Customs Ang-Angco;
• For grave neglect of duty and
• observance of a conduct prejudicial to the interest of the customs service
IN RESPONSE TO THAT:
• President Magsaysay created a committee to investigate on Ang-Angco’s case.
• At the time of Magsaysay’s death, investigation was still ongoing.
• After Magsaysay’s death,
• Executive Secretary Castillo, with authority from President,
• Rendered final judgment on Ang-Angco’s case finding the latter
• GUILTY of conduct prejudicial to the best interst of the customs service
• And considered him resigned from the position.
Issue: WON Executive Secretary, with authority from President can render final judgment on an
administrative case without submitting such direct action to the Commissioner of Civil Service and remove
official from office
Held: NO
Ratio:
Under Section 16(i) of the Civil Service Act of 1959:
• the Commissioner of Civil Service has original and exclusive jurisdiction to decided administrative
cases of all officers and employees in the classified service
• limitation to that provision: the Commissioner’s decision may be appealed to the Civil Service
Board of Appeals, whose decision shall be final (Section 18, Republic Act 2260)
But..aah..does the President have aah..the power to remove anybody from office?
Yes.
• Section 79 of RAC provides an implied vested power on President, as Department Head of the
Civil Service Commission.
• HOWEVER, it also provides that the removal should be pursuant to Civil Service Act of 1959 AND
• Civil Service Act of 1959 provides that officers and employees who belong to the classified
service (Collector of Customs is an example) shall be tried by the Commissioner of Civil Service
or the Civil Service Board of Appeals. (grabe ang galing ng logic ng decision na ‘to. to quote a
friend: what an orgasmic piece of legislation)
• AND President’s control is only refers to matters of general policy: means a settled or definite
course or method adopted and followed by govt
Also, officials cannot be arbitrarily removed from office by heads (section 4, article 12 of Consti).
Facts:
• March 25, 1983: Sandiganbayan convicted Salvacion Mosanto (then assistant
treasurer of Calbayog City)
• And three other accused
• Of the complex crime of estafa thru falsification of public documents
THEN:
• petitioner appealed and filed a motion of reconsideration upon court’s decision to
affirm prior ruling of conviction.
• During the pendency of the motion, Marcos granted petitioner absolute pardon.
• Petitioner then asked for reinstatement to her position but was denied by Fulgenio
Factoran, then Deputy Executive Secretary.
• Factoran said reappointment was necessary.
Issue: WON a public officer. Who has been granted an absolute pardon by the Chief executive,
is entitled to reinstatement to her former position without need of a new appointment
Held: NO.
Ratio:
• The petitioner was convicted by Sandiganbayan of estafa has an accessory penalty
of temporary absolute disqualification.
• Temporary absolute disqualification bars convict from public office; this lasts until
end of term of sentence.
• The effect of Marcos’ pardon was simply to remove principal penalty BUT NOT the
accessory penalty UNLESS the pardon expressly provides that accessory penalties
are to be removed also.
• WHY?? Because pardon is not necessarily a declaration that no crime was
committed.
• Pardon excuses one from serving the punishment of the crime but does not
dissolve the crime itself.
Facts:
Issue: WON private respondent Mark Jimenez is entitled to the due process right to notice and
hearing during the evaluation stage of the extradition process.
Held: NO.
Ratio:
1. PD No. 1069 (RP-US Extradition Treaty) provides the time when an extraditee shall be
furnished a copy of the petition for extradition.
• it does not provide the right of the extraditee to demand from the Secretary of
Justice copies of the extradition request from US while the request is still
undergoing evaluation
2. giving the private respondent copy of the request might serve as notice to flee
3. Private respondent assailed that an extradition proceeding is like a criminal proceeding
and thus he has the right to a notice and a hearing HOWEVER, COURT SAID:
a. extradition proceedings do not involve determination of guilt
b. extradition is summary in nature; crim is full blown
c. extradition: president has final discretion to extradite him
THUS:
• due process safeguards do not necessarily apply to the former
4. Was provisional arrest a threat to his liberty?
No. Provisional arrest happens only upon receipt of request for extradition. US had not
requested for that arrest
5. Was warrant of arrest for the temporary detention a threat to his liberty?
No. It was only issued upon filing of the petition for extradition. In the case at bar,
extradition process was still at evaluation level. Threat to respondent’s liberty was
hypothetical.
Nature:
Facts:
Two hand grenade explosions occurred on August 21, 1971 at Plaza Miranda where the
Liberal Party of the Philippines was holding a public meeting for the presentation of its
candidates for the November 8, 1971 elections. Eight persons were killed and many were
injured.
As a result, Marcos issued Proclamation No. 889, suspending the privilege of the writ of
habeas corpus.
Petitioners sought for writs of habeas corpus after being arrested without a warrant
therefore and detained. They questioned the validity of Proclamation No. 889.
Issue Held/Ratio
1. WON Proclamation No. 889 violated par. 4 No.
section 1 of article 3 and par 2, section 10 of Petitioners initially contended that the
article 7 of Consti proclamation was made based solely on the
idea that there was a conspiracy and intent to
rise in arms among several groups in the
country.
However, court held that with the
modifications thru Proclamation No. 889-A,
Marcos declared that the ‘enemy groups’ had
already entered into the conspiracy and have
in fact joined together to engage in armed
insurrection and rebellion.
The Plaza Miranda incident was only one
among the many violent incidences that
brought forth such proclamation.