June 2017 - page 2

Kilosbayan vs Guingona; G.R. No. 113375; 05 May 1994; 232 SCRA 110 FACTS: Petitioners strongly opposed the setting up of the online betting system on the basis of serious moral and ethical consideration. They submitted that the contract of lease violated Section 1 of RA 1169, as amended by BP Blg. 42. ISSUE(S): Whether or not petitioners have locus standi. HELD: YES. The Court finds the instant petition to be of transcendental importance to the public. The issue it raised is of paramount public interest and of a category even higher than those involved in many cases. The ramification of such…

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Board of Optometry vs Colet; G.R. No. 122241; 30 Jul 1996; 260 SCRA 88 FACTS: Congress enacted RA 8050, regulating the practice of optometry education, integrated optometrists, among others. Respondents assailed the validity of the act on the grounds that it derogated the orderly procedure essential to the legislative process and vitiating legislative consent, violates the due process clause of the Constitution; violates the principle against undue delegation of legislative power; and in violation of the guarantee of freedom of speech and press. ISSUE(S): Whether or not there is a valid cause of action. HELD: NO. An actual case or…

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Mariano vs COMELEC; G.R. No. L-118577; 07 Mar 1995; 242 SCRA 211 FACTS: Petitioners assail certain provisions of RA 7854, Section 51 on the ground that it attempts to alter or restart the “3-consecutive term” limit for local elective officials, disregarding the term previously served by them which collides with Section 8, Article X and Section 7, Article VI of the Constitution. ISSUE(S): Whether or not there is an actual case or controversy to challenge the constitutionality of the questioned provisions of RA 7854. HELD: The requirements before a litigant can challenge the constitutionality of a law are well delineated:…

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FACTS: Patricio Dumlao was the former governor of Nueva Vizcaya. He has already retired from his office and has been receiving retirement benefits therefrom. In 1980, he filed for reelection to the same office. Meanwhile, Congress enacted Batas Pambansa Blg. 52. Dumlao assailed the law averring that it is a class litigation. ISSUE(S): Whether or not Dumlao, Igot and Salapantan have a cause for action. HELD: NO. The constitutionality of an act of the legislative will not be determined by the Courts unless that question is properly raised and presented in appropriate cases an dis necessary to the determination of…

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Ynot vs IAC; G.R. No. 74457; 20 Mar 1987; 148 SCRA 659 FACTS: Petitioner transported six carabaos in a pumpboat from Masbate to Iloilo when the same was confiscated by the police station commander of Barotac Nuevo, Iloilo for violation of Executive Order 626-A. ISSUE(S): Whether or not E.O. 626-A is unconstitutional. HELD: YES. The challenged measure is an invalid exercise of the police power because the method employed to conserve the carabao is not reasonably necessary to the purpose of the law and, worse, is unduly oppressive. The conferment on the administrative authorities of the power to adjudge the…

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Belgica, et.al. vs Ochoa, et.al.; G.R. Nos. 208566/208493/209251; 19 Nov 2013; 710 SCRA 1 FACTS: Petitioner sought that the annual pork barrel system be declared unconstitutional and null and void for being acts constituting grave abuse of discretion. ISSUE(S): Whether or not the 2013 PDAF article and all other Congressional Pork Barrel laws are unconstitutional for violating the constitutional provisions on separation of powers, non-delegability of legislative power and checks and balances. HELD: The post enactment measures including project identification, fund release, and fund realignment are not related to functions of congressional oversight and does not allow legislature to intervene…

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LAMP vs The Secretary of DBM, et.al.; G.R. No. 164987; 24 Apr 2012; 670 SCRA 373 FACTS: Petitioners contend that the General Appropriations Act of 2004 prohibits the automatic or direct allowance/allocation of lump sums to individual senators and congressmen for the funding of projects. The GAA does not empower individual members of Congress to propose, select and identify programs and projects to be funded out of the PDAF. ISSUE(S): Whether or not the Court may prohibit respondents from further implementing DAP on the ground of its unconstitutionality. HELD: To justify the nullification of the law or its implementation, there…

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Bondoc vs Pineda; G.R. No. 97710; 26 Sep 1991; 201 SCRA 792 FACTS: The House Electoral Tribunal (HRET) reached a decision on the election contest between Marciano Pineda and Emigdio Bondoc in favor of the latter. Representative Juanito Camasura, Jr., a member of the ruling party and one of the House’s representatives in the HRET was removed from the party for disloyalty. With Camasura’s ouster, the House of Representatives resolved to withdraw his nomination and rescind his election as a member of the HRET. ISSUE(S): Whether or not the move of the House of Representatives to change its representation in…

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