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Constitutional Law 2 - page 10

Ortigas v FeatiBank; G.R. No. L-24670; 14 Dec 1979; 94 SCRA 533

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FACTS: A municipal resolution declared the area along the western part of EDSA a commercial and industrial zone. Such area covers the two parcels of land originally owned by plaintiff-appellant and later acquired by defendant-appellee from third persons. The Transfer Certificates of Title of both parcels of land contained building restrictions that such land be only used for residential purposes. Defendant-appellee commenced the construction of a building to be devoted to banking purposes. ISSUE(S): Whether or not a municipal resolution can nullify contractual obligations. HELD: YES. While non-impairment of contracts is constitutionally guaranteed, the rule is not absolute, since it…

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Volkschel Labor Union v Bureau of Labor Relations; G.R. No. L-45824; 19 Jan 1985; 137 SCRA 42

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FACTS: Petitioner and the Associated Labor union of Metal Workers (ALUMETAL) jointly entered into a collective bargaining agreement with respondent companies where it was agreed that the respondent company will make payroll deductions twice a month for membership dues and other fees/fines. After some time, a majority of petitioner’s members decided to disaffiliate from respondent federation in order to operate on its own as an independent labor group. ISSUE(S): Whether or not petitioner union’s disaffiliation from respondent federation valid. HELD: YES. A local union, being a separate and voluntary association, is free to serve the interest of all its members…

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Occena v COMELEC; G.R. No. L-60258; 31 Jan 1984; 127 SCRA 404

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FACTS: Petitioner challenges the constitutionality of some sections of the Barangay Election Act of 1982 (BP Blg. 222) which prohibits any political party, political group, political committee from intervening in the barangay election. ISSUE(S): Whether or not the ban on the intervention of political parties in the barangay election violates the right to form associations. HELD: NO. The right to form associations or societies for purposes not contrary to law is neither absolute nor illimitable; it is always subject to the pervasive and dominant police power of the state and may constitutionally be regulated or curtailed to serve appropriate and…

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Alliance of Gov’t Workers v Ministry of Labor; G.R. No. L-60403; 03 Aug 1983; 124 SCRA 1

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FACTS: Petitioner is a labor federation of unions of in government-owned corporations and state schools took collective action to demand the inclusion of government employees in the coverage of PD 851 which requires employers to pay their employees receiving not more than P1,000 a month a 13th month pay. ISSUE(S): Whether or not may act through labor federations which uses the collective bargaining power to secure increased compensation for its members. HELD: NO. It is the legislature or, in proper cases, the administrative heads of government and not the collective bargaining process nor the concessions wrung by labor unions from…

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Aquino-Sarmiento v Morato; G.R. No. 92541; 13 Nov 1991; 203 SCRA 515

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FACTS: Petitioner, a member of the Movie and Television Review and Classification Board (MTRCB), was denied access to the voting slips accomplished by the individual board members after a review of the movies and television productions. Consequently, the Board issued Resolution No. 10-89 declaring as confidential, private and personal, the decision of the reviewing committee and the voting slips of the members. ISSUE(S): Whether or not the decisions of the Board are private and personal. HELD: NO. The decisions of the Board and the individual voting slips accomplished by the members concerned are acts made pursuant to their official functions,…

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Marcos v Sandiganbayan; G.R. No. 115132; 09 Aug 1995

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FACTS: Petitioner, after having been convicted of violation of the Anti-Graft and Corrupt Practices Act, filed several motions for leave to travel overseas to seek medical attention for various illnesses. The Sandiganbayan denied all such motions. ISSUE(S): Whether or not the petitioner was denied her right to travel. HELD: NO. A person’s right to travel is subject to the usual constraints imposed by the very necessity of safeguarding the system of justice. In such cases, whether the accused should be permitted to leave the jurisdiction for humanitarian reasons is a matter of the court’s sound discretion. Petition is DISMISSED.

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Defensor-Santiago v Vasquez; G.R. Nos. 99289-90; 27 Jan 1993; 217 SCRA 633

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FACTS: Petitioner posted a cash bond for her provisionary liberty in connection with an information filed against her for violation of the Anti-Graft and Corrupt Practices Act. The Sandiganbayan issued a hold-departure order after it was revealed in the media that she intended to leave the country to study. ISSUE(S): Whether or not the hold-departure order violates petitioner’s right to travel. HELD: NO. The hold-departure order is but an exercise of the court’s inherent power to preserve and to maintain the effectiveness of its jurisdiction over the case and the person of the accused. Under the obligations assumed by petitioner…

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Silverio v CA; G.R. No. 94284; 08 Apr 1991; 195 SCRA 760

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FACTS: Petitioner was charged with violation of Sec. 20(4) of the Revised Securities Act. He posted bail for his provisional liberty. Two years after a filing of the Information, a motion was filed to cancel the passport of and to issue a hold-departure Order against accused-petitioner on the ground that he had gone abroad several times without the necessary Court approval resulting in postponements of the arraignment and scheduled hearings. The motion was granted. ISSUE(S): Whether or not the right to travel may be impaired by lawful order of the court. HELD: YES. Holding an accused in a criminal case…

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Manotoc v CA; G.R. No. L-62100; 30 May 1986; 142 SCRA 149

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FACTS: Petitioner was charged for estafa in connection with a suspected fake Torrens title submitted to and accepted by his stock brokerage house. He has been admitted to bail. He filed before each court a motion seeking permission to leave the country to attend to matters “relative to his business transactions and opportunities” in the United States. The motions were denied. ISSUE(S): Whether or not the denial of his petition violates petitioner’s right to travel. HELD: NO. A court has the power to prohibit a person admitted to bail from leaving the Philippines. This is a necessary consequence of the…

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Caunca v Salazar; G.R. No. L-2690; 01 Jan 1949; 82 Phil 851

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FACTS: Estelita Flores was brought from the province to Manila and stayed in the house of respondent who is running an employment agency. Estelita was prevented from going with her cousin, the petitioner, unless the money advanced for her fare and other transportation expenses be paid first. ISSUE(S): Whether or not an employment agency has the right to restrain and detain a maid until the latter has returned the payment advanced to her. HELD: NO. An employment agency, regardless of the amount it may advance to a prospective employee has absolutely no power to curtail the freedom of movement of…

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