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Political Law - page 23

Deloso v Sandiganbayan; G.R. Nos. 86899-903; 15 May 1989; 173 SCRA 409

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FACTS: The petitioner was the duly elected mayor of Botolan, Zambales in the local elections of November 1971. While he occupied the position of mayor, a certain Juan Villanueva filed a letter complaint with the Tanodbayan accusing Deloso of having committed acts in violation of the Anti-Graft Law (Republic Act 3019) in relation to the award of licenses to operate fish corrals in the municipal waters of Botolan, Zambales during the period 1976 to 1978 and the issuance of five (5) tractors of the municipality to certain individuals allegedly without any agreement as to the payment of rentals. Petitioner was…

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Layno v Sandiganbayan; G.R. No. L-65848; 24 May 1985; 136 SCRA 536

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FACTS: Petitioner Hernando C. Layno, Sr., the duly elected Municipal Mayor of Lianga, Surigao del Sur, was accused “of grave abuse of authority and evident bad faith in the exercise of his official and/or administrative duties” for “knowing fully well that he has no authority,” he suspended and prohibited Vice-Mayor Bernardita Resus and three Sangguniang Bayan members from participating and exercising their official functions” as such thus causing them injury “consisting of the salaries due to said officials not [being] received by them.” Respondent Sandiganbayan suspended him on October 26, 1983, notwithstanding petitioner’s opposition to the same. ISSUE(S): Whether or…

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Kwong Sing v City of Manila; G.R. No. 15972; 11 Oct 1920; 41 Phil 103

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FACTS: The City of Manila enacted Ordinance No. 532 which requires all laundry establishments in the city to issue receipts in English and Spanish. ISSUE(S): Whether or not Ordinance No. 532 is invalid for being arbitrary and oppressive. HELD: NO. The ordinance invades no fundamental right, and impairs no personal privilege. Under the guise of police regulation, an attempt is not made to violate personal property rights. The ordinance is neither discriminatory nor unreasonable in its operation. It applies to all public laundries without distinction, whether they belong to Americans, Filipinos, Chinese, or any other nationality. All, without exception, and…

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Libanan v Sandiganbayan; G.R. No. 112386; 14 Jun 1994; 233 SCRA 163

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FACTS: Petitioner Marcelino C, Libanan, the incumbent Vice-Governor of Eastern Samar, was a member of the Sangguniang Panlalawigan of that province prior to the 11 May 1992 elections. He was suspended from office after he was charged before the Sandiganbayan with having violated Section 3(e) of Republic Act No. 3019. ISSUE(S): Whether or not Libanan’s suspension violated his constitutional right to due process. HELD: NO. The suspension order cannot amount to a deprivation of property without due process of law. Public office is “a public agency or trust,” and it is not the property envisioned by the Constitutional provision which…

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JMM Production and Management v CA; G.R. No. 120095; 05 Aug 1996; 260 SCRA 319

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FACTS: The government created the Entertainment Industry Advisory Council (EIAC) which was tasked with issuing guidelines on the training, testing certification and deployment of performing artists abroad. As a result of such guidelines, the Department of Labor issued department orders requiring an Artist Record Book for performing artists for deployment abroad. ISSUE(S): Whether or not the assailed department orders violated the equal protection guarantee of the constitution. HELD: NO. The equal protection clause is directed principally against undue favor or class privilege. It is not intended to prohibit legislation which is limited to the object to which it is directed…

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Crespo v Provincial Board of Nueva Ecija; G.R. No. L-33237; 15 Apr 1988; 160 SCRA 66

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FACTS: Petitioner Gregorio Crespo was the elected Municipal Mayor of Cabiao, Nueva Ecija in the local elections of 1967. An administrative complaint was filed against him by private respondent Pedro Wycoco for harassment, abuse of authority and oppression. Public respondent Provincial Board of Nueva Ecija heard the said administrative case without notifying the petitioner or his counsel and, on the basis of the evidence presented by private respondent, passed a resolution preventively suspending petitioner from his office as municipal mayor. ISSUE(S): Whether or not the preventive suspension issued by the Provincial Board is arbitrary and violated the fundamental principle of…

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