Constitutional Law 1 - page 8

FACTS: The Bureau of Forestry issued Notice 2087 advertising for public hearing a certain tract of public forest land. Petitioner submitted his application in due form after paying the necessary fees and posting the required bond. Later that year, President Carlos Garcia issued a directive to the Director of the Bureau of Forestry to convert the land into a forest reserve for watershed purposes. The Agriculture and Natural Resources issued General Memorandum No. 46 granting ordinary timber license where the area is not more than 3,000 hectares. This was subsequently revoked by General Memorandum No. 60. ISSUE(S): Whether or not…

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FACTS: President Ramon Magsaysay issued Proclamation No. 90 reserving lands for settlement purposes which happen to include respondent’s land. Respondent filed a complaint against the Republic of the Philippines for recovery of ownership of a parcel of land consisting of four lots. ISSUE(S): Whether or not the doctrine of nonsuability of the State applies in this case. HELD: YES. The Court finds petition meritorious. The doctrine of nonsuability of the State has proper application in this case. By its caption and its allegation and prayer, the complaint is clearly a suit against the State which under settle jurisprudence is not…

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FACTS: Private respondent filed a complaint for illegal dismissal against petitioner, in which the Labor Arbiter rendered a decision ordering petitioner to reinstate the former to his former position with full back wages and to pay moral damages. ISSUE(S): Whether or not the NLRC has jurisdiction over the case. HELD: NO. One of the basic immunities of an international organization is immunity from local jurisdiction, that it is immune from the legal writs and processes issued by tribunals of the court where it is found. The obvious reason for this is that the subjection of such an organization to the…

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FACTS: A decision was rendered in Special Proceeding No. 2156-R confirming the arbitration award in favor of respondents. The award is for the satisfaction of a judgment against the Philippine government. ISSUE(S): Whether or not the writ of execution issued by respondent judge is valid. HELD: NO. What was done by Judge Villasor is not in conformity with the dictates of the Constitution. It is the fundamental postulate of the sovereignty that the State as well as its government is immune from suit unless it gives its consent. The universal rule that where the State gives its consent to be…

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FACTS: Private respondent was employed by the Southeast Asian Fisheries Development Center – Aquaculture Department (SEAFDEC) until he was terminated due to the organization experiencing financial constraints and was assured to receive separation benefits. He filed a complaint with the National Labor Relations Commission (NLRC) against SEAFDEC for the latter’s failure to pay separation pay. ISSUE(S): Whether or not NLRC has jurisdiction to hear and decide given SEAFDEC’s immunity from suit. HELD: NO. Being an intergovernmental organization, SEAFDEC enjoys functional independence and freedom form control of the State in whose territory its office is located.

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FACTS: Petitioner is a recognized official of the World Health Organization. His personal belongings contained in twelve crates entered the Philippines as unaccompanied baggage were allowed free entry from duties and taxes. Respondent judge issued a search warrant upon the request of respondent officers of the Constabulary Offshore Action Center (COSAC) for alleged violation of the Tariff and Customs Code. ISSUE(S): Whether or not search and seizure of petitioner’s personal belongings was legal. HELD: NO. Petitioner is entitled to diplomatic immunity as recognized by the executive branch of the government. Such diplomatic immunity carries with it, among other diplomatic privileges…

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FACTS: Petitioner filed a petition for habeas corpus, asserting that a Filipino citizen who adhered to the enemy, giving the latter aid and comfort during the Japanese occupation cannot be prosecuted for the crime of treason for the reasons: (1) that the sovereignty of the legitimate government of the Philippines and the correlative allegiance of the Filipino citizens thereto was then suspended; (2) there was a change of sovereignty over the islands upon the proclamation of the Philippine Republic. ISSUE(S): Whether or not enemy occupation has the effect of suspending the allegiance of a Filipino citizen to their government. HELD:…

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FACTS: During the Japanese occupation, Ramon Ruffy organized and led a guerilla outfit known as Bolo combat team of Bolo Area. The Bolo Area later because part of the 6th Military district, which has been recognized and placed under the operational control of the U.S. Army in the South Pacific. Sometime later, Col. Jurado effected a change of command in the Bolo Area. Major Ruffy who was then acting as commanding officer was relieved of his position. Later, Col. Jurado was slain allegedly by petitioner. ISSUE(S): Whether or not petitioner is subject to military law at the time the alleged…

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FACTS: Respondent judge refused to take cognizance of and continued the proceeding in petitioner’s civil case on the ground that the proclamation of Gen. MacArthur had the effect of invalidating and nullifying all judicial proceedings and judgment of the court of the Philippines under the Philippine Executive Commission and the Republic of the Philippines established during the Japanese military occupation and that the lower courts have no jurisdiction to take cognizance of and continue proceedings pending in the courts of the defunct Republic of the Philippines in the absence of an enabling law granting such authority. ISSUE(S): Whether or not…

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FACTS: The Spanish dominion contributed funds for relief of the damages done by an earthquake that hit the Philippine Islands. Upon the petition of the governing body of the Monte de Piedad, part of the funds was turned over to them. When the treasurer of the Philippine Islands was empowered to bring suit against Monte de Piedad to recover said amount, the latter refused to give the money back, stating that it was given as a donation. ISSUE(S): Whether or not the Philippine government is competent to file a complaint against the respondent bank. HELD: YES. The legislature or government…

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