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I.INTRODUCTION PREAMBLE: We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. 1. POLITICAL LAW Is that branch of public law which deals with the organization and operation of the governmental organs of the State and defines the relations of the state with the inhabitants of its territory. (Macariola vs.Asuncion, 114 SCRA 77)
CASE DIGEST FACTS: On 6 Aug 1968, Macariola filed a complaint against Judge Asuncion with acts unbecoming a judge. The judge apparently bought a property (formerly owned by Macariola) which was involved in a civil case decided by him; and on 31 Aug 1966, the Asuncion couples conveyed their share and interest in the said property to The Traders Manufacturing and Fishing Industries Inc. The act of Asuncion engaging in commerce is said to be a violation of pars 1 & 5, Art 14 of the Code of Commerce which prohibits judges in active service (among others) to do so within the limits of the place where they discharge their duties. ISSUE: Whether or not Judge Asuncion committed a violation in his act of engaging in business. HELD: Art 14 (Anti Graft and Corrupt Practices Act, effective Aug 1888) of the Code of Commerce, prohibiting judges from engaging in commerce was political in nature and so was automatically abrogated with the end of Spanish rule in the country (Change of Sovereignty to the US by virtue of cession, 1898).
distributed among the several departments for their safe and useful exercise for the benefit of the body politic. Constitutional Law designates the law embodied in the Constitution and the legal principles growing out of the interpretation and application of its provisions by the courts in specific cases. 2. STATE a. Definition, distinguished from nation. State a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government ti which a great body of the inhabitants render habitual obedience; a politically organized sovereign community independent of outside control bound by ties of nationhood, legally supreme within its territory, acting through a government functioning under a regime of law. (CIR v. Campos Rueda, 42SCRA 23)
CASE DIGEST FACT: Maria Cerdeira died in Tangier, (an international zone [foreign country] in North Africa), on January 2, 1955. At the time of her demise, she was married to a Spanish Citizen and a permanent resident of Tangier from 1931 up to her death, on January 2, 1955. She left properties in Tangier as well as in the Philippines. Among the properties in the Philippines are several parcels of land and many shares of stock, accounts receivable and other intangible personal properties. On the real estate the respondent Antonio Campos Rueda, as administrator of her estate, paid the sum of P111,582.00 as estate tax and the sum of P151,791.48 as inheritance tax, on the transfer of her real properties in the Philippines, but refused to pay the corresponding deficiency estate and inheritance taxes due on the transfer of her intangible personal properties, claiming that the estate is exempt from the payment of said taxes pursuant to section 122 of the Tax Code and that he could avail of the reciprocal provisions of our Tax Code. The Collector of Internal Revenue in a decision assessed the estate of the deceased, as deficiency estate and inheritance taxes, the sum of P161,874.95 including interest and penalties, on the transfer of intangible personal properties of Maria Cerdeira.. ISSUE: Whether or not Rueda is rightfully assessed those taxes. HELD: Foreign Country used in Sec 122 of the National Internal Revenue Code, refers to a government of that foreign power which although not an international person in the sense of international law, DOES NOT impose transfer of death taxes upon intangible personal properties of citizens not residing therein. Or whose law allows a similar exemption from such taxes. It is not necessary that Tangier should have been recognized by our government in order to entitle the petitioner
Constitution the document which serves as the fundamental of the state; that written instrument enacted by direct action of people by which the fundamental powers of the government established, limited and defined, and by which those powers
3. Independent Governmentestablished by the inhabitants of the country who rise in insurrection against the parent State. Presidential vs. Parliamentary 1. In Presidential, there is separation of legislative and executive powers. The first is lodged in the President and the second is vested in Congress while in Parliamentary there is fusion of both executive and legislative powers in Parliament, although the actual exercise of the executive powers is vested in a Prime Minister who is chosen by, and accountable to, Parliament. 2. In Presidential it embodies interdependence by separation and coordination while in Parliamentary, It embodies interdependence by integration. ARTICLE I NATIONAL TERRITORY b. Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. The national territory of the Philippines comprises: the Philippine archipelago all other territories over which the Philippines has sovereignty or jurisdiction Philippine Archipelago that body of water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty with Great Britain (1930). It consists of its Terrestrial Fluvial
While the distinction may be useful for purposes of political sociology, it is of little consequence for purpose of constitutional law (Bernas) State vs. Nation State is a legal or juristic concept while a Nation is an ethnic or racial concept. State is a political and geopolitical entity; while, Nation is a cultural and/ or ethnic entity. State vs. Government State possesses a government to which a great body of inhabitants render habitual obedience while a Government is merely an instrumentality of the State through which the will of the State is implemented and realized. Elements of State: 1. Peoplethe inhabitants of the State; the # of which is capable for self-sufficiency and self-defense; of both sexes for perpetuity. a. Inhabitants; b. Citizens; c. Electors. 2. Territorya fixed portion of the surface of the earth inhabited by the people of the State. 3. Governmentthe agency or instrumentality through which the will of the State is formulated, expressed and realized. De Jure vs. De Facto De Jure has a rightful title but no power or control, either because the same has been withdrawn from it or because it has not yet actually entered into the exercise thereof while a De Facto Actually exercises the power or control but without legal title. 1. De facto propergovernment that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter; 2. Government of Paramount Forcesestablished and maintained by the military forces who invade and occupy a territory of the enemy in the course of war;
Internal Water - The waters around, between and connecting the island of the archipelago, regardless of their breath and dimensions. - All other Territories over which the Philippines has sovereignty or jurisdiction - Includes any territory that presently belongs or might in the future belong to the Philippines through any of the accepted international modes of acquiring territory. Archipelagic Principle Two elements: - The definition of internal waters (supra) - The straight baseline method of delineating the territorial sea consists of drawing straight lines connecting the outermost points on the coast without departing to any appreciable extent from the general direction of the coast. Important distances with respect to the waters around the Philippines Territorial Sea Contiguous Zone Exclusive Economic Zone 12 nautical miles (n.m.) 12 n.m. from the edge of the territorial sea 200 n.m. from the baseline(Includes T.S. and C.Z.)
Note: There can be a Continental Shelf without an EEZ, but not an EEZ without a Continental Shelf. Territorial Sea the belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high season
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Sovereignty definition, aspects, situs, essential qualities Definition Sovereignty is the power of the State to regulate matters within its own territory. While sovereignty has traditionally been deemed absolute and allencompassing on the domestic level, it is however subject to restrictions and limitations voluntarily agreed to by the Philippines, expressly or impliedly, as a member of the family of nations. In its Declaration of Principles and State Policies, the Constitution adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity, with all nations. By the doctrine of incorporation, the country is bound by generally accepted principles of international law, which are considered to be automatically part of our own laws. Government of Laws and Not of Men.sovereignty of the people also includes the concept that government officials have only the authority given them by law and defined by law, and such authority continues only with the consent of the people. Sovereignty resides in the people and all government authority emanates from them. This power resides in the people understood as
Personal o authority over its nationals, their persons, property, or acts, whether within or outside its territory.3. authority over persons, things or acts, outside its territorial limits by reason of their effects to its territory.
Extraterritorial o
CASES The jurisdiction of a nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty. (Reagan vs. CIR, 30 SCRA 968)
CASE DIGEST FACTS: Petitioner Reagan, a civilian employee of an American corporation providing technical assistance to the US Air Force in the Philippines, questioned the payment of the income tax assessed on him by respondent CIR on an amount realized by him on a sale of his automobile to a member of the US Marine Corps, the transaction having taken place at the Clark Field Air Base at Pampanga. It is his contention, that in legal contemplation the sale was made outside Philippine territory and therefore beyond our jurisdictional power to tax. He seeks that an amount of P2,979.00 as the income tax paid by him be refunded. ISSUE: Whether or not the Clark Field Air Base is a foreign property therefore excluded from the power of Philippine taxation. HELD: NO. By the [Military Bases] Agreement, it should be noted, the Philippine Government merely consents that the United States exercise jurisdiction in certain cases. The consent was given purely as a matter of comity, courtesy, or expediency over the bases as part of the Philippine territory or divested itself completely of jurisdiction over offenses committed therein. This provision is not and can not on principle or authority be construed as a limitation upon the rights of the Philippine Government. The State is not precluded from allowing another power to participate in the exercise of jurisdictional right over certain portions of its territory. If it does so, it by no means follows that such areas become impressed with an alien character. They retain their status as native soil. They are still subject to its authority. Its jurisdiction may be diminished, but it does not disappear. So it is with the bases under lease to the American armed forces by virtue of the military bases agreement of 1947. They are not and cannot be foreign territory.
Jurisdiction concept, classes Concept Jurisdiction is the manifestation of sovereignty. Classes Territorial o authority to have all persons and things within its territorial limits be completely subject to its control and protection.2.
State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service. Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Section 6. The separation of Church and State shall be inviolable. STATE POLICIES Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. Imperium the States authority to govern embraced in the concept of sovereignty: includes passing laws governing a territory, maintaining peace and order over it, and defending it against foreign invasion. CASES Every sovereign power has the inherent power to exclude aliens from its territory upon such grounds as it may deem proper for its self preservation or public interest. It is a police measure against undesirable aliens whose continued presence in the country is found to be injurious to the public good and the domestic tranquility of the people. (Harvey vs. Commissioner, 162 SCRA840)
CASE DIGEST FACTS: This is a petition for Habeas Corpus. Petitioners are the following: American nationals Andrew Harvey, 52 and Jonh Sherman 72. Dutch Citizen Adriaan Van Den Elshout, 58. All reside at Pagsanjan Laguna respondent Commissioner Miriam Defensor Santiago issued Mission Orders to the Commission of Immigration and Deportation (CID) to apprehended petitioners at their residences. The Operation Report read that Andrew Harvey was
d. Prerogatives Imperium Article II, Secs. 3-8, CONSTITUTION Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the
HELD: While pedophilia is not a crime under the Revised Penal Code, it violates the declared policy of the state to promote and protect the physical, moral, spiritual and social well being of the youth. The arrest of petitioners was based on the probable cause determined after close surveillance of 3 months. The existence of probable cause justified the arrest and seizure of articles linked to the offense. The articles were seized as an incident to a lawful arrest; therefore the articles are admissible evidences (Rule 126, Section12 of Rules on Criminal Procedure). The rule that search and seizures must be supported by a valid warrant of arrest is not an absolute rule. There are at least three exceptions to this rule. 1.) Search is incidental to the arrest. 2.) Search in a moving vehicle. 3.) Seizure of evidence in plain view. In view of the foregoing, the search done was incidental to the arrest. The filing of the petitioners for bail is considered as a waiver of any irregularity attending their arrest and estops them from questioning its validity. Furthermore, the deportation charges and the hearing presently conducted by the Board of Special Inquiry made their detention legal. It is a fundamental rule that habeas corpus will not be granted when
Issue: R.A. No. 1180 violated the UN Charter and the Philippine Chinese Treaty of Amity, therefore against the principle of Pacta sunt servanda. The Court held that the Treaty of Amity between the Republic of the Philippines and the Republic of China guarantees equality of treatment to the Chinese nationals upon the same term as the nationals of any other country. But the nationals of China are not discriminated against because nationals of all other countries, except those of the United States, who are granted special rights by the Constitution, are all prohibited from engaging in the retail trade. The Retail Trade Nationalization Law is not unconstitutional because it was passed in the exercise of the police power which cannot be bargained away through the medium of a treaty. (Ichong vs. Hernandez, 101 Phil155)
CASE DIGEST FACTS: Petitioner, for and in his own behalf and on behalf of other alien residents, corporations and partnerships adversely affected by the provisions of Republic Act No. 1180, brought this action to obtain a judicial declaration that said Act is unconstitutional, and to enjoin the Secretary of Finance and all other persons acting under him, particularly city and municipal treasurers, from enforcing its provisions. Petitioner attacks the constitutionality of the Act, contending among others that: it denies to alien residents the equal protection of the laws and deprives them of their liberty and property without due process of law; it violates international and treaty obligations of the Republic of the Philippines; and its provisions against the transmission by aliens of their retail business thru hereditary succession, and those requiring 100% Filipino
Principle of Pacta sunt servanda Every treaty in force is binding upon the parties to it and must be performed by them in good faith. Issue: Validity or the constitutionality of a Letter of Instruction No. 299, issued by President Ferdinand E. Marcos, premised and based on the 1968 Vienna Convention on Road Sings and Signals. The Court held that the LOI in question is deemed not unconstitutional as it was in the exercise of police power as such was established to promote public welfare and public safety. In fact, the LOI is based on the constitutional provision of adopting to the generally accepted principles of international law as part of the law of the land.(Agustin vs. Edu, 88 SCRA 195).
CASE DIGEST FACTS: This was an original action in the Supreme Court for prohibition. Petitioner was an owner of a volkswagen beetle car, model 13035 already properly equipped when it came out from the assembly lines with blinking lights which could serve as an early warning device in case of the emergencies mentioned in Letter of Instructions No 229, as amended, as well as the Implementing rules and regulations in Administrative Order No 1 issued by Land transportation Commission. Respondent Land Transportation commissioner Romeo Edu issued memorandum circular no 32 pursuant to Letter of Instructions No.229,as amended. It required the use of early Warning Devices (EWD) on motor vehicles. Petitioner alleged that the letter of instructions, as well as the implementing rules and regulations were unlawful and unconstitutional.
Issue: The validity of the National Defense Law which establishes compulsory military service is unconstitutional. The Court held that the National Defense Law does not go against this constitutional provision but is, on the contrary, in faithful compliance therewith. The duty of the Government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty of the Government excusable should there be no sufficient men who volunteer to enlist therein.(People vs.Lagman, et al., 66 Phil 13)
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Dominium Dominium the capacity of the State to own and acquire property. Regalian Doctrine all lands of the public domain belong to the State the source of any asserted rights to ownership of land. All lands not appearing to be clearly of public dominium presumptively belong to the State. Public Dominion are those property intended for public use forpublic service. They are outside the commerce of men and therefore not subject for appropriation. Note: Property of public dominion when no longer needed for public use or public service, shall form part of the patrimonial property of the state. Public Land is equivalent to Public Domain. Government Lands include public land and all other lands of the government already reserved or devoted to public use or subject to private rights.
Classification of Lands of the Public Domain: Agricultural Lands Forest or Timber Lands Mineral Lands National Parks CASES Issue: The provision of the joint venture agreement for transfer of title to AMARI of some of the submerged land which had been reclaimed
Issue: Whether the agreement entered into by Pasay City Council and the Republic Real Estate Corporation which involved the transfer of reclaimed foreshore lands is constitutional. The Court held that the agreement cannot operate to give title to foreshores, the areas between the high tide and low tide marks, rendering the agreement null and void for being ultra vires. (Republic vs CA, GR No. 103882, Nov. 25, 1998) The Indigenous Peoples Rights Act of 1997 (IPRA) was challenged as unconstitutional for allegedly colliding with the principle of jura regalia (Regalian Doctrine). Under IPRA, indigenous peoples may obtain the recognition of their right of ownership over ancestral lands and ancestral domains by virtue of native title. Seven members of the Supreme Court voted to dismiss the petition while seven others voted to grant the same. As the votes were equally divided, the petition was dismissed pursuant to Sec. 7, Rule 56 of the Rules of Court with the
Issue: R.A. 7942 otherwise known as the Philippine Mining Act, along with DENR AO No. 96-04 and the Financial and Technical Assistance Agreement (FTAA) is unconstitutional for: allowing foreign-owned companies to extend more than mere financial or technical assistance to the State, and even permitting to operate and manage mining activities; and allowing both technical and financial assistance, instead of either technical or financial assistance. The Court held certain provisions of RA 7942, DAO No.96-40, as well as of the entire FTAA as unconstitutional, mainly on the finding that FTAAs are service contracts prohibited by the1987 Constitution for being antithetical to the principle of sovereignty over our natural resources, because they allowed foreign control over the exploitation of our natural resources, to the prejudice of Filipino nation. ( La Bugal-Blaan TA vs DENR, GR No. 127882, Jan.27, 2004)
CASE DIGEST FACTS: On July 25, 1987, then President Corazon C. Aquino issued Executive Order (E.O.) No. 2796 authorizing the DENR Secretary to accept, consider and evaluate proposals from foreign-owned corporations or foreign investors for
parens patriae Article II, Secs. 9-28, CONSTITUTION Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, arising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development. Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 14. The State recognizes the role of women in nationbuilding, and shall ensure the fundamental equality before thelaw of women and men. Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord withthe rhythm and harmony of nature. Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provide incentives to needed investments. Section 21. The State shall promote comprehensive rural development and agrarian reform. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. Section 24. The State recognizes the vital role of communication and information in nation-building. Section 25. The State shall ensure the autonomy of local governments.
CASES The funds collected as a result of the national subscription opened in Spain by royal order of the Spanish Government and which were remitted to the Philippine government to be distributed among the earthquake sufferers by the Central Relief Board constituted, under article 1 of the law of June 20, 1849, and article 2 of the instructions of April 27, 1875, a special charity of a temporary nature as distinguished from a permanent public charitable institution. As the Spanish Government initiated the creation of the fund and as the donors turned their contributions over to that Government, it became the duty of the latter, under article 7 of the instructions, to exercise supervisions and control over the monies thus collected to the end that the will of the donors should be carried out. The relief board had no power whatever to dispose of the funds confided to its charge for other purposes than to distribute them among the sufferers, because paragraph 3 of article11 of the instructions conferred the power upon the secretary of the interior of Spain, and no other, to dispose of the surplus funds, should there be any, by assigning them to some other charitable purpose or institution. The secretary could not dispose of any of the funds in this manner so long as they were necessary for the specific purpose for which they were
Issue: Whether the rules and regulations promulgated by the Director of Public Works prohibiting animal-drawn vehicles from passing along specifically designated place and time infringe upon the constitutional precept regarding the promotion of social justice to insure the wellbeing and economic security of all people. The Court held that social justice must be founded on recognition of the necessity of interdependence diverse units of a society and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life, consistent with the fundamental and paramount objective of the State of promoting the health, comfort, and quiet of all persons, and of bringing about the greatest good to the greatest number.(Calalang vs Williams, 70Phil 726)
CASE DIGEST FACTS: Maximo Calalang in his capacity as a private citizen and a taxpayer of Manila filed a petition for a writ of prohibition against the respondents. It is alleged in the petition that the National Traffic Commission, in its resolution of July 17, 1940, resolved to recommend to the Director of the Public Works and to the Secretary of Public Works and Communications that animal-drawn vehicles be prohibited from passing along Rosario Street extending from Plaza Calderon de la Barca to Dasmarias Street from 7:30Am to 12:30 pm and from 1:30 pm to 530 pm; and along Rizal Avenue extending from the railroad crossing at Antipolo Street to Echague Street from 7 am to 11pm for a period of one year from the date of the opening of the Colgante Bridge to traffic. The Chairman of the National Traffic Commission on July 18, 1940 recommended to the Director of Public Works with the approval of the Secretary of Public Works the adoption of the measure proposed in the resolution aforementioned in pursuance of the provisions of the Commonwealth Act No. 548 which authorizes said Director with the approval from the Secretary of the Public Works and Communication to promulgate rules and regulations to regulate and control the use of and traffic on national roads. On August 2, 1940, the Director recommended to the Secretary the approval of there commendations made by
Issue: Whether the CHR has the power to issue the order to desist against the demolition of Fermo et. al.'s stalls, and to cite Mayor Simon et. al. for contempt for proceeding to demolish said stalls despite the CHR order. The Court held as a reiteration in Export Processing Zone Authority vs CHR that the constitutional provision directing the CHR to 'provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection' may not be construed to confer jurisdiction on the Commission to issue a restraining order or writ of injunction for, if that were the intention, the Constitution would have expressly said so. Jurisdiction is conferred only by the Constitution of by law. It is never derived by implication. Not being a court of justice, the CHR has no jurisdiction to issue the writ, for a writ of preliminary injunction may only be issued by the judge of any court in which the action is pending, or by a Justice of the Court of Appeals, or of the Supreme Court. (Simon vs CHR, GR No. 100150, January5, 1994)
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Issue: Whether or not the exercise of the freedom of assembly on the part of a certain students could be a basis for their being barred from enrollment. The Court held that respect for the constitutional rights of peaceable assembly and free speech could not be a basis for barring students from enrollment. The academic freedom enjoyed by institutions of higher learning includes the right to set academic standards. Once it has done so, however, that standard should be followed meticulously and cannot be utilized to discriminate against those students which exercise their constitutional rights to peaceable assembly and free speech. The constitutional provision also maintains a system of free public elementary education and, in areas where finances permit, establish and maintain a system of free public education. (Villar vs TIP,135 SCRA 706)
CASE DIGEST FACTS: In Malabanan v. Ramento, it was held that respect for the constitutional rights of peaceable assembly and free speech calls for a negative answer. If that were then, the petitioners are entitled to the remedy prayed for. There is, however, this other circumstance to be taken into consideration. In the opposition to the petition for preliminary mandatory injunction, reference was made to the academic records of petitioners. Two of the petitioners, Rufino G. Salcon, Jr., and Romeo L. Guilatco, Jr., had only one failing grade each, with the first having failed in only one subject in either semester of 1984-1985 school year and the second having failed in only one subject, having passed in eight other subjects in the 1984-1985 school year. Petitioner Venecio Villar failed in two subjects but passed in four subjects in the first semester of the academic year, 1983-1984. Petitioner Inocencio F. Recitis passed all his subjects in the first semester of 19831984 schoolyear and had one failing grade during its second semester. He had two failing grades during the first semester of 19841985 school year. Petitioner Noverto Barreto, had five failing grades in the first
Issue: Whether the Court of Appeals erred in holding that respondent's doctoral degree cannot be recalled without violating her right to enjoyment of intellectual property and to justice and equity. The Court held that academic freedom is guaranteed to institutions of higher learning by Art. XIV of the 1987 Constitution. This freedom includes deciding whom a university will confer degrees on. If the degree is procured by error or fraud then the Board of Regents, subject to due process being followed, may cancel that degree. The CA decision was wrong and was reversed. (UP Bd. Of Regents vs. CA, GR No. 134625, August 31, 1999)
CASE DIGEST FACTS: Private respondent Arokiaswamy William Margaret Celine is a citizen of India and holder of a Philippine visitors visa. Sometime in April 1988, she enrolled in the doctoral program in Anthropology of the University of the Philippines College of Social Sciences and Philosophy (CSSP) in Diliman, Quezon City. After completing the units of course work required in her doctoral program, private respondent went on a two-year leave of absence to work, she returned to the Philippines in July 1991 to work on her dissertation entitled, Tamil Influences in Malaysia, Indonesia and the Philippines. After going over private respondents dissertation, Dr. Medina informed CSSP Dean Consuelo Joaquin-Paz that there was a portion in private respondents dissertation that was lifted, without proper acknowledgment to the Authority. Nonetheless, private respondent was allowed to defend her dissertation. ON April 22, 1993, the Board approved the University Councils recommendation for the graduation of qualified students, including private respondent. Two days later, on April 24, 1993, private respondent graduated with the degree of Doctor of
A college, or any school for that matter, has a dual responsibility to its students. One is to provide opportunities for learning and the other is to help them grow and develop into mature, responsible, effective and worthy citizens of the community. Discipline is one of the means to carry out the second responsibility. The general rule is that the authority of the school is co-extensive with its territorial jurisdiction, or its school grounds, so that any action taken for acts committed outside the school premises should, in general, be left to the police authorities, the court of justice, and the family concerned. However, this rule is subject to following exceptions: (1) violations of school policies and regulations occurring in connection with a school-sponsored activity off-campus; and (2) misconduct of student involves his status as a student or affects the good name or reputation of the school. The true test of a school's right to investigate, or otherwise, suspend or expel a student for a misconduct committed outside the school premises and beyond school hours is not the time or place of the offense, but its effect upon the morale and efficiency of the school and whether it, in fact, is adverse to the school's good order welfare and advancement of its students. (Angeles vs Judge Sison, 112 SCRA 26)
The concern of the government is not necessarily to maintain profits of business firms. In the ordinary sequence of events, it is profits that suffer as a result of Government regulation. The interest of the State is to provide a decent living to its citizen. The government has convinced the court that it is its intent. The Court did not find the impugned Order to be tainted with grave abuse of discretion. (PASEI vs Drilon, 163 SCRA 386)
CASE DIGEST FACTS: Petitioner, Phil association of Service Exporters, Inc., is engaged principally in the recruitment of Filipino workers, male and female of overseas employment. It challenges the constitutional validity of Dept. Order No. 1
The right of government employees to organize does not include the right to strike. But the current ban on them against strikes is statutory and may be lifted by statute. (SSSEA vs. CA, 175 SCRA 686) CASE DIGEST
Every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. The case at bar is the minors assertion of their right to a sound environment, and at the same time, the performance of their obligation to ensure the protection of that right for the generation to come. (Oposa vs Factoran, GR No. 101083, July30, 1993)
CASE DIGEST FACTS: The petitioners, all minors duly represented and joined by their respective parents, filed a petition to cancel all existing timber license agreements (TLAs) in the country and to cease and desist from receiving, accepting, processing, renewing or approving new timber license agreements. This case is filed not only on the appellants right as taxpayers, but they are also suing in behalf of succeeding generations based on the concept of intergenerational responsibility in so far as the right to a balanced and healthful ecology is concerned. Together with the Philippine Ecological Network, Inc. (PENI), the petitioners presented scientific evidence that deforestation have resulted in a host of environmental tragedies. One of these is the reduction of the earths capacity to process carbon dioxide, otherwise known as the greenhouse effect. Continued issuance by the defendant of TLAs to cut and deforest the remaining forest stands will work great damage and irreparable injury to the plaintiffs. Appellants have exhausted all administrative remedies with the defendants office regarding the plea to cancel the said TLAs. The defendant, however, fails and refuses to cancel existing TLAs. ISSUES: 1. Whether or not the petitioners have legal standing on the said case 2. Admitting that all facts presented are true, whether or not the court can render a valid judgement in accordance to the prayer of the complaints 3. Whether or not the TLAs may be revoked despite the respondents standing that these cancellation of these TLAs are against the nonimpairment clause of the Constitution HELD: 1. The petitioners have locus standi (legal standing) on the case as a taxpayers (class) suit. The subject matter of complaint is of common and general interest to all the citizens of the Philippines. The court found difficulty in ruling that the appellants can, for themselves, and for others file a class suit. 2. The right of the petitioners to a balanced and healthful ecology has been clearly stated. A denial or violation of that right by the other who has the correlative duty or obligation to respect or protect the same gives rise to a cause of action. The granting of the TLAs, as the petitioners claim to be done with grave abuse of discretion, violated their right to a balanced and healthful ecology hence, the full protection thereof requires that no TLAs
The United States Supreme Court liberalizes abortion laws up to the sixth month of pregnancy at the discretion of the mother anytime during the first six months when it can be done without danger to the mother. (Roe vs. Wade, 410 US 113)
CASE DIGEST Brief Fact Summary. Appellant Jane Roe, a pregnant mother who wished to obtain an abortion, sued on behalf of all woman similarly situated in an effort to prevent the enforcement of Texas statutes criminalizing all abortions except those performed to save the life of the mother. Synopsis of Rule of Law. Statutes that make criminal all abortions except when medically advised for the purpose of saving the life of the mother are an unconstitutional invasion of privacy. FACTS: Texas statutes made it a crime to procure or attempt an abortion except when medically advised for the purpose of saving the life of the mother. Appellant Jane Roe sought a declaratory judgment that the statutes were unconstitutional on their face and an injunction to prevent defendant Dallas County District Attorney from enforcing the statutes. Appellant alleged that she was unmarried and pregnant, and that she was unable to receive a legal abortion by a licensed physician because her life was not threatened by the continuation of her pregnancy and that she was unable to afford to travel to another jurisdiction to obtain a legal abortion. Appellant sued on behalf of herself and all other women similarly situated, claiming that the statutes were
The constitutional right to information on matters of public concern is self-executing without the need for any ancillary act of legislation. When the question is one of public right and the object of mandamus is to
national economy does not necessarily rule out the entry of foreign investments, goods and services. It contemplates neither economic seclusion nor mendicancy in the international community. (Tanada vs Angara, GR No. 118295, May 02, 1997)
CASE DIGEST FACTS: The suit was filed to nullify the concurrence of the Philippine senate to the presidents notification of the WTO argument. It was contended that the argument places nationals and products of member countries on the same footing as Filipinos and local products in contravention of the Filipino first policy. Petitioners maintain that the Philippines because it meant that congress could not pass legislation that would be good for national interest and general welfare if each legislation would not conform to the WTO agreement. ISSUES: Whether or not the contention is meritorious. HELD: No. while sovereignty has traditional been deemed absolute and allencompassing in the domestic level. It is however subject to restrictions and limitations voluntarily agreed to by the Philippines expressly or impliedly, as a member of the family nations. Unquestionably, the constitution did not envision hermit-type solution of the country from the rest of the world. By the inherent nature, Treaties limit or restrict the absoluteness of sovereignty. By their voluntary act, nations may surrender some aspects of their state power in exchange for greater benefits granted by a derived from a convention or pact.
Issue: The General Agreement on Tariffs and Trade was challenged as an unconstitutional treaty for placing foreign investors on the same level as Filipinos. The Court held that while the Constitution mandates a bias in favor of Filipino goods, services, labor and enterprises, at the same time, it recognizes the need for business exchange with the rest of the world on the bases of equality and reciprocity and limits protection of Filipino interest sonly against foreign competition and trade practices that are unfair. The constitutional policy of a self-reliant and independent
The interconnection which has been required of PLDT is a form of intervention with property rights dictated by the objective of the government to promote the rapid expansion of telecommunications services in all areas of the Philippines at an acceptable standard of service at reasonable cost. The decisive considerations are public need, public interest, and the common good. A modern and dependable communications network rendering efficient and reasonably priced services is also indispensable for accelerated economic recovery and development to these public and national interests, public utility companies must bow and yield. (PLDT vsNTC,190 SCRA 717)
CASE DIGEST FACTS: On 22 June 1958, RA 2090 was enacted granting Felix Alberto & Co. (later ETCI) a franchise to establish radio stations for domestic and transoceanic telecommunications. On 13 May 1987, ETCI filed an application with the NTC for the issuance of a certificate of public convenience and necessity to operate, etc. a Cellular Mobile Telephone System and an alpha numeric paging system in Metro Manila and in the Southern Luzon regions,
The applicable provision of law requiring publication in the Official Gazette is found in Art, 2 of the New Civil Code of the Philippines. The court succinctly construed that cited provision of law in point, holding that all statutes including those of local application and private laws, shall be published as a condition for their effectively, which shall begin 15 days after publication unless a different effectively date is fixed by the legislature. Covered by this rule are presidential decrees and executive orders. Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant to a valid delegation. Interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the administrative agency and not the public, need not be published. (De Jesus vs. COA,GR 109023, August 12, 1998) CASE DIGEST