September 2017 - page 4

FACTS: The Secretary of the Department of Education, Culture and Sports (DECS) placed petitioners under preventive suspension in connection with a mass action staged by a number of public school teachers allegedly to dramatize their grievances against public school authorities. Civil Service Commission issued a resolution finding the petitioners guilty of conduct prejudicial to the best interest of the service and meted them a six-month suspension with automatic reinstatement in service but without payment of backwages. ISSUE(S): Whether or not employees in the public service may engage in strikes. HELD: NO. While the Constitution recognizes the right of government employees…

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FACTS: Apolonio Cabansag filed a complaint seeking the ejectment of Germiniana Fernandez from a parcel of land. He later wrote a letter to the Presidential Complaints and Action Commission (PCAC) regarding the delay in the disposition of his case before the CFI Pangasinan. The judge ordered Cabansag and his lawyers to show cause why he should not be held liable for contempt for sending such letter which tended to degrade the court in the eyes of the President (Magsaysay) and the people. After due hearing, the court rendered a decision finding Cabansag and his lawyers guilty of contempt and sentencing…

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FACTS: Petitioner, on behalf of Anti-Bases Coalition, sought a permit from the City of Manila to hold a peaceful march and rally but was denied by respondent mayor due to “persistent intelligence reports affirm[ing] the plans of subversive/criminal elements to infiltrate and/or disrupt any assembly or congregations where a large number of people is expected to attend.” The latter also suggested that “a permit may be issued for the rally if it is to be held at the Rizal Coliseum or any other enclosed area where the safety of the participants themselves and the general public may be ensured.” ISSUE(S):…

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FACTS: The Revised Election Code under RA 4880 was amended to include two new sections which prohibits the too early nomination of candidates and limiting the period of election campaign or partisan political activity. Petitioners alleges that RA 4880 is unconstitutional because its enforcement would prejudice basic rights, such as the freedom of speech, the freedom of assembly and the right to form associations or societies for purposes not contrary to law, guaranteed under the Constitution. ISSUE(S): Whether or not the freedom of expression may be limited. HELD: YES. Freedom of expression is not absolute. Two tests may supply an…

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FACTS: On the strength of the challenged search warrant, petitioner’s house was searched but none of the articles listed in the warrant was discovered. However, the searching officers found in the premises one Colt Magnum revolver and eighteen live bullets which were all confiscated and were made the bases of the charge against him. ISSUE(S): Whether or not the prohibited articles seized are admissible in evidence and must be immediately returned. HELD: NO. The search being illegal, the pistol and bullets cannot be used as evidence against the petitioner in the criminal action against him for illegal possession of firearms.…

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FACTS: Appellants were arrested without warrants after eyewitnesses implicated them as the perpetrators in a robbery with homicide incident. Trial on the merits ensued and they were convicted on the special complex crime on the weight of the eyewitnesses’ testimonies. ISSUE(S): Whether or not the illegality of their arrest rendered the eyewitnesses’ testimony inadmissible. HELD: NO. Granting arguendo that appellants were illegally arrested, such arrest did not invest these eyewitness accounts with constitutional infirmity as “fruits of the poisonous tree.” Considering that their conviction could be secured on the strength of the testimonial evidence given in open court which are…

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FACTS: During their trial for the special complex crime of robbery with homicide, appellants interposed the defenses of alibi and denial. They were subsequently found guilty. ISSUE(S): Whether or not they may still question the admissibility of the evidence against them in their appeal. HELD: NO. Their objection is too late. The records show that they failed to object to the admissibility of said evidence during their formal offer. Thus, they waived their right against their admissibility. Amidst a waiver, the trial court did not err in admitting the evidence. Decision appealed from is AFFIRMED in toto.

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FACTS: Petitioner was tried for and convicted of illegal possession of marijuana. The Court of Appeals admitted in evidence the marijuana seized from him and affirmed his conviction. ISSUE(S): Whether or not petitioner may object to the admissibility of the evidence against him during this appeal. HELD: NO. Objections to the legality of the search warrant and to the admissibility of the evidence obtained thereby were deemed waived when no objection to the legality of the search warrant was raised during the trial of the case nor to the admissibility of the evidence obtained through said warrant. Decision appealed from…

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FACTS: A team from the NCR Defense Command conducted a surveillance on a Eurocar building pursuant to an intelligence report that elements of the RAM-SFP was occupying the said establishment as their communication command post. After they were fired at by a group of five men, a searching team raided the Eurocar Sales Office, finding and confiscating ammunition, dynamites, M-shells and “Molotov” bombs inside one of the rooms and arresting appellant who was holding a C-4. ISSUE(S): Whether or not there was a valid search and seizure. HELD: YES. The military operatives had reasonable ground to believe that a crime…

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FACTS: The military and police conducted a series of saturation drives or areal target zoning intended to flush out subversives and criminal elements. Petitioners alleged that these activities were conducted without any search warrant or warrant of arrest. ISSUE(S): Whether or not the saturation drives are illegal. HELD: NO. The Constitution grants to Government the power to seek and cripple subversive movements which would bring down constituted authority and substitute a regime where individual liberties are suppressed as a matter of policy in the name of security of the State. However, all police actions are governed by the limitations of…

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