Académique Documents
Professionnel Documents
Culture Documents
1. Police Power
It is in the above sense the greatest and most
powerful attribute of government. "the most
essential, insistent, and at least illimitable of
powers," (Justice Holmes) aptly pointed out
"to all the great public needs."
Facts:
Issue:
ISSUES:
1. whether or not respondents acted
with grave abuse of discretion and/or
in excess of their rule-making
authority in issuing said circulars;
2. whether or not the assailed DOLE
and POEA circulars are contrary to
the Constitution, are unreasonable,
unfair and oppressive; and
3. whether or not the requirements of
publication and filing with the Office
of the National Administrative
Register were not complied with.
HELD: FIRST, the respondents acted well
within in their authority and did not commit
grave abuse of discretion. This is because
Article 36 (LC) clearly grants the Labor
Secretary to restrict and regulate recruitment
and placement activities, to wit:
Police Power
Due to the death of one Maricris Sioson in
1991, Cory banned the deployment of
performing artists to Japan and other
destinations. This was relaxed however with
the introduction of the Entertainment
Industry Advisory Council which later
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11WednesdayMar 2015
Standard
Facts: In January of 1994, the New Tropical
Medicine Foundation, with the assistance of
the U.S. Agency for International
Development (USAID) released its final
report of a study on the Philippine blood
banking system entitled Project to Evaluate
the Safety of the Philippine Blood Banking
System. It was revealed that of the blood
units collected in 1992, 64.4 % were
supplied by commercial blood banks, 14.5%
by the PNRC, 13.7% by government
hospital-based blood banks, and 7.4% by
private hospital-based blood banks ;
showing that the Philippines heavily relied
on commercial sources of blood. It was
further found, among other things, that
blood sold by persons to blood commercial
banks are three times more likely to have
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14
URSULA LAGCAO,
Petitioners vs.
JUDGE GENEROSA G. LABRA and
CITY OF CEBU,
Respondents
G.R. No. 155746, October 13, 2004
Facts:
The Province of Cebu donated 210 lots to
the City of Cebu. But then, in late 1965, the
210 lots, including Lot 1029, reverted to the
Province of Cebu. Consequently, the
province tried to annul the sale of Lot 1029
by the City of Cebu to the petitioners. This
Issue:
WON the Ordinance No. 1843
is unconstitutional as it sanctions the
expropriation of their property for the purpo
se of selling it to the squatters, an endeavor c
ontrary to the concept of public use
contemplated in the Constitution.
Ruling:
Under Section 48 of RA 7160, otherwise
known as the Local Government Code
of 1991, local legislative power shall be
exercised by the Sangguniang
Panlungsod of the city. The legislative acts
of the
Sangguniang Panlungsod in the exercise of
its lawmaking authority are denominated
ordinances. Local government units have no
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Taxation
Antero Sison Jr. vs Acting BIR
Commissioner Ruben Ancheta et al
Equal Protection
Sison assails the validity of BP 135 w/c
further amended Sec 21 of the National
Internal Revenue Code of 1977. The law
provides that thered be a higher tax impost
against income derived from professional
income as opposed to regular income
earners. Sison, as a professional
businessman, and as taxpayer alleges that by
virtue thereof, he would be unduly
discriminated against by the imposition of
higher rates of tax upon his income arising
from the exercise of his profession vis-a-vis
those which are imposed upon fixed income
or salaried individual taxpayers. He
characterizes the above section as arbitrary
amounting to class legislation, oppressive
and capricious in character. There is a
transgression of both the equal protection
REYES v. ALMANZOR
GR Nos. L-49839-46, April 26, 1991
196 SCRA 322
DECISION
HELD: No. The taxing power has the
authority to make a reasonable and natural
classification for purposes of taxation but
the government's act must not be prompted
by a spirit of hostility, or at the very least
discrimination that finds no support in
reason. It suffices then that the laws operate
equally and uniformly on all persons under
similar circumstances or that all persons
must be treated in the same manner, the
conditions not being different both in the
privileges conferred and the liabilities
imposed.
Consequently, it stands to reason that
petitioners who are burdened by the
government by its Rental Freezing Laws
(then R.A. No. 6359 and P.D. 20) under the
principle of social justice should not now be
penalized by the same government by the
imposition of excessive taxes petitioners can
ill afford and eventually result in the
forfeiture of their properties.
COMMISSIONER OF INTERNAL
REVENUE, petitioner, vs. SOLIDBANK
CORPORATION, respondent.
PANGANIBAN, J.:
Under the Tax Code, the earnings of banks
from passive income are subject to a twenty
percent final withholding tax (20%
FWT). This tax is withheld at source and is
thus not actually and physically received by
the banks, because it is paid directly to the
government by the entities from which the
banks derived the income. Apart from the
20% FWT, banks are also subject to a five
percent gross receipts tax (5% GRT) which
is imposed by the Tax Code on their gross
receipts, including the passive income.
Since the 20% FWT
is constructively received by the banks and
forms part of their gross receipts or earnings,
it follows that it is subject to the 5%
GRT. After all, the amount withheld is paid
to the government on their behalf, in
satisfaction of their withholding taxes. That
they do not actually receive the amount does
not alter the fact that it is remitted for their
benefit in satisfaction of their tax
obligations.
Stated otherwise, the fact is that if there
were no withholding tax system in place in
SEC. 4. x x x x x x x x x
No Double Taxation
[125]
FACTS:
34
ISSUES:
(1) Is the NAPOCOR excluded from the
coverage of the franchise tax simply because
its stocks are wholly owned by the National
Government and its charter characterized is
as a non-profit organization?
HELD:
(1) NO. To stress, a franchise tax is imposed
based not on the ownership but on the
exercise by the corporation of a privilege to
do business. The taxable entity is the
corporation which exercises the franchise,
and not the individual stockholders. By
virtue of its charter, petitioner was created as
a separate and distinct entity from the
National Government. It can sue and be sued
under its own name, and can exercise all the
powers of a corporation under the
Corporation Code.
Facts:
Petitioner transported 6 caracbaos from
Masbate to Iloilo in 1984 and these wer
confiscated by the station commander in
Barotac, Iloilo for violating E.O. 626 A
which prohibits transportation of a carabao
36
Ratio:
The lower courts are not prevented from
examining the constitutionality of a law.
Constitutional grant to the supreme court to
review.
Justice Laurel's said, courts should not
follow the path of least resistance by simply
presuming the constitutionality of a law
when it is questioned. On the contrary, they
should probe the issue more deeply, to
relieve the abscess, and so heal the wound or
excise the affliction.
The challenged measure is denominated
an executive order but it is really
presidential decree, promulgating a new rule
instead of merely implementing an existing
law due to the grant of legislative authority
J. Cruz:
Laws must come out in the open in the clear
light of the sun instead of skulking in the
shadows with their dark, deep secrets.
Mysterious pronouncements and rumored
rules cannot be recognized as binding unless
their existence and contents are confirmed
by a valid publication intended to make full
disclosure and give proper notice to the
people. The furtive law is like a scabbarded
saber that cannot faint, parry or cut unless
the naked blade is drawn.
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45
Issue:
Whether the school excludes students
because of failing grades when the cause for
the action taken against them relates to
possible breaches of discipline.
Held:
The contract between the school and the
student is not an ordinary contract. It is
imbued with public interest, considering the
high priority given by the Constitution to
education and the grant to the State of
supervisory and regulatory powers over all
educational institutions. The authority for
schools to refuse enrollment to a student on
the ground that his contract, which has a
term of one semester, has already expired,
cannot be justified. Still, institutions'
discretion on the admission and enrollment
of students as a major component of the
academic freedom guaranteed to institutions
of higher learning. The right of an institution
of higher learning to set academic standards,
however, cannot be utilized to discriminate
against students who exercise their
constitutional rights to speech and assembly,
forotherwise there will be a violation of their
It is unconstitutional.
Ichong vs Hernandez
FACTS:
The Legislature passed R.A. 1180 (An Act
to Regulate the Retail Business). Its purpose
was to prevent persons who are not citizens
of the Phil. from having a stranglehold upon
the peoples economic life.
a prohibition against aliens and
against associations, partnerships, or
corporations the capital of which are
not wholly owned by Filipinos, from
engaging directly or indirectly in the
retail trade
aliens actually engaged in the retail
business on May 15, 1954 are
allowed to continue their business,
unless their licenses are forfeited in
accordance with law, until their death
or voluntary retirement. In case of
juridical persons, ten years after the
approval of the Act or until the
expiration of term.
Citizens and juridical entities of the United
States were exempted from this Act.
provision for the forfeiture of
licenses to engage in the retail
business for violation of the laws on
nationalization, economic control
RATIO:
The equal protection clause does not
demand absolute equality among residents.
It merely requires that all persons shall be
treated alike, under like circumstances and
conditions both as to privileges conferred
and liabilities enforced.
The classification is actual, real and
reasonable, and all persons of one class are
treated alike.
The difference in status between citizens and
aliens constitutes a basis for reasonable
classification in the exercise of police
power.
Official statistics point out to the everincreasing dominance and control by alien
of the retail trade. It is this domination and
control that is the legislatures target in the
enactment of the Act.
The mere fact of alienage is the root cause
of the distinction between the alien and the
national as a trader. The alien is naturally
lacking in that spirit of loyalty and
enthusiasm for the Phil. where he
temporarily stays and makes his living. The
alien owes no allegiance or loyalty to the
State, and the State cannot rely on him/her
in times of crisis or emergency.
Facts:
Petitioner is a national organization which
represents the lesbians, gays, bisexuals, and
trans-genders. It filed a petition for
accreditation as a party-list organization to
public respondent. However, due to moral
grounds, the latter denied the said petition.
To buttress their denial, COMELEC cited
certain biblical and quranic passages in their
decision. It also stated that since their ways
are immoral and contrary to public policy,
they are considered nuissance. In fact, their
acts are even punishable under the Revised
Penal Code in its Article 201.
A motion for reconsideration being denied,
Petitioner filed this instant Petition on
Certiorari under Rule 65 of the ROC.
Ang Ladlad argued that the denial of
accreditation, insofar as it justified the
exclusion by using religious dogma, violated
the constitutional guarantees against the
establishment of religion. Petitioner also
claimed that the Assailed Resolutions
contravened its constitutional rights to
privacy, freedom of speech and assembly,
and equal protection of laws, as well as
constituted violations of the Philippines
DECISION
(En Banc)
PUNO, J.:
I.
THE FACTS
52
II.
THE ISSUES
53
xxx
Two tests have been developed to determine
whether the delegation of the power to
execute laws does not involve the abdication
xxx
xxx
xxx
xxx
have no cause of
action to assail the legality of
the contested warrants and of
the seizures made in
pursuance thereof, for the
simple reason that said
corporations have their
respective personalities,
separate and distinct from the
personality of herein
petitioners, regardless of the
amount of shares of stock or
of the interest of each of them
in said corporations, and
whatever the offices they hold
therein may be.
question of the
lawfulness of a seizure can be
raised only by one whose
rights have been invaded.
Certainly, such a seizure, if
unlawful, could not affect the
constitutional rights of
defendants whose property
had not been seized or the
privacy of whose homes had
not been disturbed
without reference to
any determinate
provision of said
laws
the warrants
authorized the search
for and seizure of
records pertaining to
all business
transactions of
petitioners herein,
59
regardless of whether
the transactions were
legal or illegal.
FACTS:
August 14, 1957, the appellant and his
common-law wife, Sherly Reyes, went to
the booth of the Manila Packing and Export
Forwarders carrying Four (4) wrapped
packages. The appellant informed Anita
Reyes that he was sending the packages to a
friend in Zurich, Switzerland. Anita Reyes
asked if she could examine and inspect the
packages. She refused and assures her that
the packages simply contained books,
cigars, and gloves.
Before the delivery of appellants box to the
Bureau of Customs and Bureau of Posts, Mr.
Job Reyes (Proprietor), following the
standard operating procedure, opened the
boxes for final inspection. A peculiar odor
emitted from the box and that the gloves
contain dried leaves. He prepared a letter
and reported to the NBI and requesting a
laboratory examinations. The dried
marijuana leaves were found to have
contained inside the cellophane wrappers.
The accused appellant assigns the
following errors: The lower court erred in
admitting in evidence the illegality of search
and seized objects contained in the four (4)
parcels.
ISSUE:
Whether or not the seizing of illegal objects
is legal?
HELD:
Yes, appellant guilty beyond reasonable
doubt.
RATIONALE:
Article III, Sections 2 and 3, 1987
Constitution
Mapp vs Ohio, exclusionary rule
Stonehill vs Diokno, declared as
inadmissible any evidence obtained by
virtue of a defective search warrant,
abandoning in the process the ruling earlier
adopted in Mercado vs Peoples Court.
The case at the bar assumes a peculiar
character since the evidence sought to be
excluded was primarily discovered and
obtained by a private person, acting in a
private capacity and without the intervention
and participation of state authorities. Under
the circumstances, can accused / appellant
validly claim that his constitutional right
against unreasonable search and seizure.
The contraband in this case at bar having
come into possession of the government
without the latter transgressing appellants
rights against unreasonable search and
seizure, the Court sees no cogent reason
whty the same should not be admitted.
FACTUAL CONSIDERATIONS
Readily foreclose the proportion that NBI
agents conducted an illegal search and
seizure of the prohibited merchandise,
clearly that the NBI agents made no search
and seizure much less an illegal one,
contrary to the postulate of accused /
appellant.
CHADWICK vs STATE, having observed
that which is open, where no trespass has
been committed in aid thereof
BILL OF RIGHTS
The protection of fundamental liberties in
the essence of constitutional democracy,
protection against whom, protection against
the STATE.
PEOPLE VS. ARUTA [288 SCRA 626;
G.R. NO. 120515; 13 APR 1998]
Friday, February 06, 2009 Posted
by Coffeeholic Writes
Labels: Case Digests, Political Law
Facts: On Dec. 13, 1988, P/Lt. Abello was
tipped off by his informant that a certain
Aling Rosa will be arriving from Baguio
City with a large volume of marijuana and
assembled a team. The next day, at the
Victory Liner Bus terminal they waited for
61
5. Customs search;
6. Stop and Frisk;
THE FACTS
II.
THE ISSUE
THE RULING
Issue:
W/N the Anti-Wiretapping Act applies in
recordings by one of the parties in the
conversation
Held:
F:
Pivate respondent Juan Ponce
Enrile filed an action in the RTC of
Makati to enjoin the petitioners from
producing the movie "The Four Day
Revolution," a documentary of the EDSA
Revolution in 1986 on the ground that it
violated his right to privacy. Petitioners
contended that the movie would not
involve his private life not that of his
family. But the trial court issued a writ of
preliminary injunction and ordered
petitioners to desist from making the
movie making reference whatsoever to
Ponce Enrile. This, this action for
certiorari.
HELD: Freedom of speech and
expression includes freedom to produce
motion pictures and to exhibit them.
What is involved is a prior restraint by
the Judge upon the exercise of speech and
of expression by petitioners. Because of
the preferred character of speech and of
expression, a weighty presumption of
invalidity vitiates measures of prior
restraint. The Judge should have stayed
his hand considering that the movie was
yet uncompleted and therefore there was
no "clear and present danger." The
Freedom of Speech
FRANCISCO CHAVEZ
vs.
RAUL M. GONZALES, in his capacity as
the Secretary of the Department of
Justice; and NTC
G.R. No. 168338, February 15, 2008
FACTS: Sometime before 6 June 2005, the
radio station dzMM aired the Garci Tapes
where the parties to the conversation
discussed rigging the results of the 2004
elections to favor President Arroyo. On 6
June 2005, Presidential spokesperson Bunye
held a press conference in Malacaang
Palace, where he played before the
presidential press corps two compact disc
recordings of conversations between a
woman and a man. Bunye identified the
woman in both recordings as President
Arroyo but claimed that the contents of the
second compact disc had been spliced to
make it appear that President Arroyo was
talking to Garcillano.
However, on 9 June 2005, Bunye
backtracked and stated that the womans
voice in the compact discs was not President
Arroyos after all.3 Meanwhile, other
who claimed that he was defamed in a fullpage ad taken out in the New York Times.
The advertisement was entitled, Heed Their
Rising Voices and it charged in part that an
unprecedented wave of terror had been
directed against those who participated in
the civil rights movement in the South.
Some of the particulars of the advertisement
were false. Although the advertisement did
not mention the Plaintiff by name, he
claimed that it referred to him indirectly
because he had oversight responsibility of
the police. The Defendant claimed that it
authorized publication of the advertisement
because it did not have any reason to believe
that its contents were false. There was no
independent effort to check its accuracy. The
Plaintiff demanded that the Defendant
retract the advertisement. The Defendant
was puzzled as to why the Plaintiff thought
the advertisement reflected adversely on
him. The jury found the ad libe
lous per se and actionable without proof of
malice. The jury awarded the Plaintiff
$500,000 in damages. The Alabama
Supreme Court affirmed. The Defendant
appealed.
Issue. Is the Defendant liable for defamation
for printing an advertisement, which
criticized a public officials official conduct?
Held. No. Reversed and remanded.
* Safeguards for freedom of speech and of
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SWS vs Comelec
Ruling:
No. The Court held that Section (5)4 is
invalid because (1) it imposes a prior
restraint on the freedom of expression, (2) it
is a direct and total suppression of a
category of expression even though such
suppression is only for a limited period, and
(3) the governmental interest sought to be
promoted can be achieved by means other
Facts:
Petitioner SWS and KPC states that it
wishes to conduct an election survey
throughout the period of the elections and
release to the media the results of such
survey as well as publish them directly.
Petitioners argue that the restriction on the
publication of election survey results
constitutes a prior restraint on the exercise
of freedom of speech without any clear and
present danger to justify such restraint.
Issue:
Are the Comelec Resolutions prohibiting the
holding of pre-polls and exit polls and the
dissemination of their results through mass
media, valid and constitutional?
79
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