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NO. 495: LEYNES Vs. COA (GR NO. 143596, DEC.

11, 2003)

FACTS: Petitioner Judge Tomas C. Leynes, presiding judge of RTC of Calapan City, Branch 40 Oriental Mindoro. His RATA is taken from the SC and in addition he received a monthly allowance from the local funds of the Municipality of Naujan-being the sole presiding judge. On May 7, 1993, SB approved increasing petitioners monthly allowance. On Feb. 17, 1994 Provincial auditor issued a memorandum to stop the payment of allowance for he is already receiving RATA from the SC. ISSUE: Whether or not the Municipality of Naujan validly provided allowance in addition to that given by the SC. HELD: YES, RA 7160 is a special law which exclusively deals with LGUs outlining their own powers and functions in consonance with the constitutional mandated policy of the Local autonomy.Resolution No.101 is valid. Respondent COA erred in opposing the grant of allowance to the judges. NO. 513: PROVINCE OF BATANGAS Vs. EXEC. SEC. GR NO. 152774 (MAY 2004) FACTS: Petitioner filed petition under Rule 65, to declare unconstitutional and void certain provisions contained in GAA of 1999 to 2001, insofar as they uniformly marked for each corresponding year the amount of 5B of the IRA for the Local Government Service Equalization Fund and imposed conditions for the released thereof. ISSUE: Whether or not Congress may impose conditions on the release of share of the local government. HELD: NO.Because of the provision in Sec. 6, Art. X of the ConstitutionLGU shall have just share, as determined by law, in the national taxes which shall be automatically release to them. No. 531: CAMID V. OFFICE OF THE PRESIDENT GR. NO. 161414 (JANUARY 17, 2005) FACTS: Andong was one of the barangays made into a municipality by EO 107, issued by the President Diosdado Macapagal, which was nullified by Pelaez vs. Auditor General in 1965. It is claimed, however, that it never ceased to exercise corporate. It therefore claims to be a de facto corporation. ISSUE: Whether or not the claim of a de facto corporation is valid.

HELD: There is no evidence to support the claim of its continued existence as a corporation. To uphold the claim would mean upholding defiance of the decision which nullified its existence as a municipality. NO. 549: ESTRADA VS. DESIERTO 353 SCRA 452 (March 2, 2001) FACTS: Petitioner Pres. ERAP was undergoing impeachment trial when a revolution was brewing ousting him as the current President of the Republic of the Philippines. Herein petition filed before this court contending that he didnt resign as the President of the Philippines. ISSUE : Whether or not the Petitioner resign or not as the President.

HELD: The Court held that the resignation of the petitioner cannot be doubted. It was confirmed by his leaving Malacanang. In the press release containing his final statement : 1) he acknowledged the oath taking of the Respondent 2) He emphasized he was

leaving the Palace, the seat of the Presidency 3) He assured that he will not shrk from any future challenge that may cause ahead in the same service of the country.

NO. 567: LAUREL VS. DESIERTO GR NO. 145368 (APRIL 12, 2002)

FACTS: Pres. Corazon Aquino issued AO 223 constituting a committee for the preparation of the National Centennial in 1998. Subsequently, Pres. Fidel Ramos issued EO 128, reconstituting a Committee for the preparation of the National Centennial Celebrations in 1998. It was renamed the committee on the National Centennial Commission

ISSUE: Whether or not the National Centennial Commission can exercise executive power.

HELD: YES, The National centennial commission has the power carrying the laws into practical operation and enforcing their due observance. Their executive function concerns the implementation of the policies as set forth by law.

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