September 2017 - page 15

FACTS: Petitioner Ricardo Valladolid was refused admittance by JRM when he reported for work on February 16, 1979 from a cumulative 50-day leave. [He requested a five-day vacation leave on December 30, 1978, a fifteen-day sick leave on January 8, 1979 and a thirty-day sick leave on January 23, 1979. Only the first two leaves were granted.] On February 22, 1979, he filed for illegal dismissal with vacation and sick leave pay. On February 28, 1979, JRM filed an application for clearance with the Ministry of Labor for willful breach of trust and gross neglect of duty. On May 2,…

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FACTS: In October 1974, a formal report was filed charging petitioner with alleged violations of the Anti-Graft and Corrupt Practices Act. No action was taken on said report until it was revived on December 12, 1979, two months after it became public that petitioner had a falling out with the president. Criminal charges were thereafter lodged against petitioner. ISSUE(S): Whether or not the delay in the termination of the preliminary investigation violates petitioner’s right to due process. HELD: YES. Substantial adherence to the requirements of the law governing the conduct of preliminary investigation, including substantial compliance with the time limitation…

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FACTS: The radio station DYRE as summarily closed on grounds of national security. ISSUE(S): Whether or not the closure of the radio station without hearing constitutes a denial of due process. HELD: YES. The cardinal primary requirements in administrative proceedings laid down by this Court in Ang Tibay v CIR (69 Phil 635) should be followed before a broadcast station may be closed or its operations curtailed. It is necessary to reiterate that while there is no controlling and precise definition of due process, it furnishes an unavoidable standard to which government action must conform in order that any deprivation…

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FACTS: The petitioner was the duly elected mayor of Botolan, Zambales in the local elections of November 1971. While he occupied the position of mayor, a certain Juan Villanueva filed a letter complaint with the Tanodbayan accusing Deloso of having committed acts in violation of the Anti-Graft Law (Republic Act 3019) in relation to the award of licenses to operate fish corrals in the municipal waters of Botolan, Zambales during the period 1976 to 1978 and the issuance of five (5) tractors of the municipality to certain individuals allegedly without any agreement as to the payment of rentals. Petitioner was…

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FACTS: Petitioner Hernando C. Layno, Sr., the duly elected Municipal Mayor of Lianga, Surigao del Sur, was accused “of grave abuse of authority and evident bad faith in the exercise of his official and/or administrative duties” for “knowing fully well that he has no authority,” he suspended and prohibited Vice-Mayor Bernardita Resus and three Sangguniang Bayan members from participating and exercising their official functions” as such thus causing them injury “consisting of the salaries due to said officials not [being] received by them.” Respondent Sandiganbayan suspended him on October 26, 1983, notwithstanding petitioner’s opposition to the same. ISSUE(S): Whether or…

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FACTS: The City of Manila enacted Ordinance No. 532 which requires all laundry establishments in the city to issue receipts in English and Spanish. ISSUE(S): Whether or not Ordinance No. 532 is invalid for being arbitrary and oppressive. HELD: NO. The ordinance invades no fundamental right, and impairs no personal privilege. Under the guise of police regulation, an attempt is not made to violate personal property rights. The ordinance is neither discriminatory nor unreasonable in its operation. It applies to all public laundries without distinction, whether they belong to Americans, Filipinos, Chinese, or any other nationality. All, without exception, and…

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FACTS: Petitioner Marcelino C, Libanan, the incumbent Vice-Governor of Eastern Samar, was a member of the Sangguniang Panlalawigan of that province prior to the 11 May 1992 elections. He was suspended from office after he was charged before the Sandiganbayan with having violated Section 3(e) of Republic Act No. 3019. ISSUE(S): Whether or not Libanan’s suspension violated his constitutional right to due process. HELD: NO. The suspension order cannot amount to a deprivation of property without due process of law. Public office is “a public agency or trust,” and it is not the property envisioned by the Constitutional provision which…

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