Constitutional Law 1 - page 6

FACTS: The Manila Electric Company filed a petition requesting the members of the Supreme Court to fix the terms upon which certain transportation companies shall be permitted to use the Pasig bridge of the Manila Electric Company and the compensation paid to the latter. This relates to the validity of Section 11 of Act No. 1446 and to the legal right of the members of the Supreme Court, sitting as a board of arbitrators, to act on the petition. ISSUE(S): Whether or not the Supreme Court can sit as board of arbitrators. HELD: NO. The Supreme Court of the Philippines…

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FACTS: Ricardo Papa, Jr. and Isidro Garcia ran for the mayoral post in the May 1995 elections where the latter was proclaimed winner. Papa impugned the results of all 713 precincts in the municipality of Taguig, Metro Manila. ISSUE(S): Whether or not Judge Estrella acted in accordance with his duty as an officer of the court. HELD: NO. A judge should, in pending or prospective litigation before him, be scrupulously careful to avoid such action as may reasonably tend to waken the suspicion that his social or business relations or friendships constitute an element in determining his judicial course. He…

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FACTS: The Metropolitan Manila Development Authority filed a motion for reconsideration from the decision of the Third Division, Supreme Court, affirming the judgment of the lower courts declaring that there is a valid and perfected waste management contract between the Republic of the Philippines and Jancom Environment Corporation. ISSUE(S): Whether or not MMDA may petitino for certiorari to the Court en banc a decision promulgated by the Third Division, Supreme Court. HELD: NO. Circular No. 2-89 governing referral of cases to the Court en banc states that “[t]he Court en banc is not an Appellate Court to which decisions or…

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FACTS: On 05 May 1994, RA 7720 was signed into law converting the municipality of Santiago, Isabela into an independent component city. It was subsequently ratified by the people of Santiago on 04 Jul 1994. On 14 Feb 1998, RA 8528 was enacted changing, among others, the status of Santiago from an independent component city into a component city. ISSUE(S): Whether or not the Supreme Court has jurisdiction on justiciable questions. HELD: YES. Article VIII, Section 1 of the Constitution defines judicial power as including the duty of the courts of justice to settle actual controversies involving rights which are…

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FACTS: Merritt was riding a motorcycle along Padre Faura Street when he was bumped by the ambulance of the General Hospital. Merritt sustained several injuries rendering him unable to return to work. The legislature later enacted Act 2457 authorizing Merritt to file a suit against the Government in order to fix the responsibility for the collision and to determine the amount of the damages, if any, to which he is entitled. ISSUE(S): Whether or not the Government, in enacting Act 2457, waived its immunity from suit and conceded its liability to Merritt. HELD: NO. By consenting to be sued a…

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FACTS: The Court of First Instance of Bulacan rendered a judgment holding petitioner liable to private respondents and ordering the municipality, among others, to pay private respondents the loss of income from rentals on subject lots and attorney’s fees. ISSUE(S): Whether or not the funds of the Municipality of San Miguel, Bulacan are public funds which are exempt from execution. HELD: YES. It is a well settled doctrine of the law that not only the public property but also the taxes and public revenues of such [municipal] corporations cannot be seized under execution against them, either in the treasury or…

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FACTS: Petitioner PNB filed for certiorari and prohibition against respondent judge who issued a writ of execution and a notice of garnishment of the funds of respondent Philippine Virginia Tobacco Administration. ISSUE(S): Whether or not petitioner can invoke the doctrine of State immunity from suits and the funds may not be garnished. HELD: NO. It is well-settled that when the government enters into commercial business, it abandons its sovereign capacity and is treated like any other corporation.  

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FACTS: BML Trading won a bid to supply the Bureau of Communication with 15,000 pounds of bluestone copper sulphate worth P10,500. Before the Bureau could release the payment to BML, the Sheriff garnished P9,111.70  of the P10,000. ISSUE(S): Whether or not the garnishment of the amount payable to BML while it was still in the possession of the Bureau of Communication was illegal, therefore null and void. HELD: YES. By executing the garnishment against the money while still in the possession of the Bureau of Communication, a government agency was included in the action. Being a government agency, the doctrine…

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FACTS: Tantoco and Santiago filed with the Sandiganbayan a pleading denominated as interrogatories to plaintiff as well as a motion for production and inspection of documents. PCGG claims that the documents sought to be produced are privileged in character and their use is proscribed by the immunity provisions of E.O. 1. ISSUE(S): Whether or not petitioner can object to the interrogatories served to it in accordance with Rule 25 of the Rules of Court. HELD: NO. The State is, of course, immune from suit in the sense that it cannot, as a rule, be sued without its consent. But it…

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FACTS: The USAF stationed in Clark Air Base solicited bids for contracts for barber services in the base. The bidding was won by Ramon Dizon. Private respondents objected, claiming Dizon had made a bid for four facilities. ISSUE(S): Whether or not petitioners are immune from suit. HELD: NO. When the state enters into a commercial or business contract, the state divests itself of its privilege and lowers itself to the level of the other party.

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