Just another mommy blogger from Asia’s Latin City

Tag archive

Constitutional Law 2 - page 20

Stonehill v Diokno; G.R. No. L-19550; 19 Jun 1967; 20 SCRA 383

in Legal Chyme by

FACTS: Respondent judges on different dates issued a total of 42 search warrants against the petitioners and/or the companies of which they were officers, directing any peace officers to search the persons of the petitioners and/or the premises of their offices, warehouses and/or residences and to seize and take possession of “books of accounts, financial records, vouchers, correspondence, receipts, ledgers, journals, portfolios, credit journals, typewriters, and other documents and/or papers showing all business transactions including disbursements receipts, balance sheets and profit and loss statements and Bobbins (cigarette wrappers)” as “the subject of the offense; stolen or embezzled and proceeds or…

Keep Reading

Philippine Judges Association v Prado; G.R. No. 105371; 11 Nov 1993; 227 SCRA 703

in Legal Chyme by

FACTS: Section 35 of RA 7354, the law creating the Philippine Postal Corporation, withdraws the franking privileges from the judiciary, along with certain other government offices. ISSUE(S): Whether or not Section 35 of RA 7354 violates the equal protection guarantee of the Constitution. HELD: YES. In lumping the Judiciary with the other offices from which the franking privilege has been withdrawn, Section 35 has placed the courts of justice in a category to which it does not belong. If it recognizes the need of the President of the Philippines and the members of Congress for the franking privilege, there is…

Keep Reading

Ormoc Sugar Co., Inc. v Treasurer of Ormoc City; G.R. No. L-23794; 17 Feb 1968; 22 SCRA 603

in Legal Chyme by

FACTS: The Municipal Board of Ormoc City passed Ordinance No. 4 imposing a tax “on any and all products of centrifugal sugar milled at the Ormoc Sugar Company, Inc.” ISSUE(S): Whether or not Ordinance No. 4 is unconstitutional for being violative of the equal protection clause. HELD: YES. The ordinance taxes only centrifugal sugar produced and exported by petitioner sugar company and none other. Even if later a similar company is set up, it cannot be subject to the tax because the ordinance expressly points only to Ormoc City Sugar Company, Inc. as the entity to be levied upon. Decision…

Keep Reading

People v Cayat; G.R. No. 45987; 05 May 1939; 68 Phil 515

in Legal Chyme by

FACTS: Accused was sentenced to a fine for violating Act No. 1639 which prohibits a member of a non-Christian tribe “to buy, receive, have in his possession, or drink any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind, other than the so-called native wines and liquors which the members of such tribes have been accustomed themselves to make.” ISSUE(S): Whether or not Act No. 1639 is unconstitutional for being violative of the equal protection clause of the Constitution. HELD: NO. The prohibition is unquestionably designed to insure peace and order in and among the non-Christian tribes. It…

Keep Reading

Almonte v Vasquez; G.R. No. 95367; 23 May 1995; 244 SCRA 286

in Legal Chyme by

FACTS: Respondent Ombudsman subpoenaed petitioners in connection with his investigation of an anonymous letter alleging that funds representing savings from unfilled positions in the Economic Intelligence and Investigation Bureau (EIIB). ISSUE(S): Whether or not there was a violation of petitioners’ right to the equal protection of the laws. HELD: NO. In the first place, there can be no objection to this procedure because it is provided in the Constitution itself. In the second place, it is apparent that in permitting the filing of complaints “in any form and in a manner,” the framers of the Constitution took into account the…

Keep Reading

Himagan v People; G.R. No. 113811; 07 Oct 1994; 237 SCRA 538

in Legal Chyme by

FACTS: The trial court issued an order suspending petitioner until the termination of the case on the basis of Section 47, RA 6975 (DILG Act of 1990) which suspends a member of the PNP with complaints for grave felonies where the penalty imposed by law is 6 years and one day or more from office until the case is terminated. ISSUE(S): Whether or not the imposition of preventive suspension of over 90 days is a violation of petitioner’s constitutional right to equal protection of laws. HELD: NO. The reason why members of the PNP are treated differently from the other…

Keep Reading

Burgos v Chief of Staff; G.R. No. L-64261; 26 Dec 1984; 133 SCRA 800

in Legal Chyme by

FACTS: Respondent judge issued two search warrants under which the business addresses of the “Metropolitan Mail” and “We Forum” newspapers were searched, and office and printing machines, equipment, paraphernalia, motor vehicles and other articles used in the printing, publication and distribution of the said newspapers, as well as numerous papers, documents, books and other written literature alleged to be in the possession and control of petitioner, publisher-editor of the “We Forum” newspaper, were seized. The issuance was upon application of an intelligence officer and the joint affidavit of two members of the team which conducted a surveillance of the premises…

Keep Reading

The Conference of Maritime Manning Agencies v POEA; G.R. No. 114714; 21 Apr 1995; 243 SCRA 666

in Legal Chyme by

FACTS: The Governing Board of the Philippine Overseas Employment Administration (POEA) issued Resolution No. 01, series of 1994 amending and increasing the compensation and other benefits under Part. II, Section C, paragraph 1 and Section L, paragraphs 1 and 2 of the POEA Standard Employment Contract for Seafarers. POEA also issued Memorandum Circular No. 05, series of 1994 informing all Filipino seafarers, manning agencies, shipowners, managers and principals hiring Filipino seafarers of the said adjustments. ISSUE(S): Whether or not the assailed issuances violated the equal protection clause of the Constitution. HELD: NO. There can be no dispute about the dissimilarities…

Keep Reading

Philippine Association of Service Exporters v Drilon; G.R. No. L-81958; 30 Jun 1988; 163 SCRA 386

in Legal Chyme by

FACTS: The Department of Labor and Employment issued Department Order No. 1, Series of 1988, for the temporary suspension of deployment of Filipino domestic and household workers. The Philippine Association of Service Exporters, Inc. (PASEI) challenges said order for being discriminatory against domestic helpers and women of similar skills. ISSUE(S): Whether or not the assailed department order violated the equal protection clause of the Constitution. HELD: NO. There is no question that Department Order No. 1 applies only to “female contract workers,” but it does not thereby make an undue discrimination between the sexes. There is strong evidence that women…

Keep Reading

1 18 19 20 21 22 24
error: Content is protected !!
Go to Top