Constitutional Law 1 - page 9

FACTS: Deceased Florentino Pilapil, husband of Melchora Cabanas and father of Millian Pilapil, left an insurance having his child as beneficiary and authorized his brother to act as trustee during his child’s minority. Upon his death, the insurance proceeds were paid to the brother. ISSUE(S): Whether or not the State may interfere with the virtue of the doctrine of parens patriae to the terms of the insurance policy. HELD: YES. It is buttressed by the adherence to the concept that the judiciary, an an agent of the State acting as parens patriae, is called upon whenever a pending suit or litigation affects…

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Salazar vs Achacoso; G.R. No. 81510; 14 Mar 1990; 183 SCRA 145 FACTS: Rosalie Tesorio, in a sworn statement, filed a complaint with the POEA charging petitioner for illegal recruitment. After knowing that petitioner had no license to operate a recruitment agency, public respondent Administrator Achacaso issued a closure and seizure order. ISSUE(S): Whether or not the POEA/Labor Secretary validly issued the warrant for search and seizure. HELD: No search warrant or warrant of arrest shall be issued except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the…

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Zandueta vs de la Costa; G.R. No. 46267; 28 Nov 1938; 66 Phil 615 FACTS: Francisco Zandueta was presiding over the 5th brand of the CFI of Manila. Upon the promulgation of CA 145, he received a new ad interim appointment as judge of First Instance, this time at the fourth judicial district. However, the Commission on Appointment of the national assembly disapproved the aforesaid ad interim appointment. Thereafter, the president appointed Sixto de la Costa as a judge of the 4th judicial district. The appointment was approved by the Commission on Appointment. ISSUE(S): Whether or not Zandueta may question…

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People vs Vera; G.R. No. L-45685; 16 Nov 1937; 65 SCRA 56 FACTS: While awaiting new trial, Cu Unjeng appealed for probation alleging that he is innocent of the crime he was convicted. Judge Vera upon the request of private respondent allowed the petition to be set for hearing. ISSUE(S): Whether or not there is undue delegation of power. HELD: YES. There is undue delegation of power because there is no set standard provided by Congress on new provincial boards must act in carrying out a system of probation. The provincial boards of the various provinces are to determine for…

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Anti Graft League of the Philippines vs CA; G.R. No. 97787; 01 Aug 1996; 260 SCRA 250 FACTS: President Marcos issued P.D. 674 establishing the Technological College of Rizal. It made the Provincial Board purchase four parcels of land from Ortigas & Co., Ltd. totaling to 192,177 sq.m. at P110.00 per sq.m. The land remained unused for 12 years so the Board passed Resolution 87-205, allowing the governor to sell the land. It was then sold to Valleyview Realty Development Corp. for P700 per sq.m. The new provincial board issued Resolution 88.65 rescinding the sale between the province and Valleyview…

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Kilosbayan vs Morato; G.R. No. 118910; 17 Jul 1995; 246 SCRA 540 FACTS: Petitioner seeks to declare the Equipment Lease Agreement (ELA) invalid on the ground that it was the same to the Contract of Lease, nullified in G.R. No. 113373. The amended ELA is inconsistent with and violative of PCSO’s charter and the decision of the Supreme Court on 05 May 1995. ISSUE(S): Whether or not petitioner possesses legal standing to file the instant suit. HELD: The ELA is essentially different from the 1993 Contract of Lease entered into by the PCSO and the PGMC. Hence, the determination of…

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Tatad vs Secretary of DOE; G.R. No. 124360; 05 Nov 1997; 281 SCRA 330 FACTS: Petitioner assails the constitutionality of various provisions of RA 8180 which deregulates the oil industry. Under the deregulated environment, any person or entity may import or purchase any quantity of crude oil and petroleum products from a foreign or domestic source, lease or own and operate refineries and other downstream oil facilities and market such crude oil or use the same for his own requirement, subject only to monitoring by the Department of Energy. ISSUE(S): Whether or not the petition raised a justiciable controversy. HELD:…

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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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