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Political Law - page 24

Rubi v Provincial Board of Mindoro; G.R. No. 14078; 07 Mar 1919; 39 Phil 660

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FACTS: Rubi and his companions, all Manguianes, were allegedly held on the reservation established at Tigbao against their will, and one Dabalos was allegedly held under the custody of the provincial sheriff for running away from the reservation. The action was taken in accordance with Section 2145 of the Administrative Code of 1917 which allows the governor to select or direct the inhabitants to take up their habitation on sites on unoccupied public lands. ISSUE(S): Whether or not petitioners’ rights were violated. HELD: NO. Petitioners are not unlawfully imprisoned or restrained of their liberty. Even liberty itself, the greatest of…

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Villegas v Hiu Chiong; G.R. No. L-29646; 10 Nov 1978; 86 SCRA 270

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FACTS: The Municipal Board of Manila passed an ordinace making it unlawful for any alien to be employed in any place of employment or to be engaged in any kind of trade, business or occupation within the City of Manila without securing an employment permit from the City Mayor who has discretion whether or not to grant said employment permit. ISSUE(S): Whether or not assailed ordinance violates the due process and equal protection clauses of the Constitution. HELD: YES. While it is true that the State is not obliged to admit aliens within its territory, once an alien is admitted,…

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Ermita-Malate Hotel & Motel Operators Association v City of Manila; G.R. No. L-24693; 31 Jul 1967; 20 SCRA 849

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FACTS: The City of Manila passed Ordinance No. 4760 imposing a P6,000 fee per annum for first class motels and P4,500 for second class motels; requiring the owner, manager, keeper or duly authorized representative to acquire the customers’ personal information. Moreover, the same ordinance subjects the premises and facilities of such establishments to inspection. ISSUE(S): Whether or not Ordinance No. 4760 violates the due process clause. HELD: NO. There is no controlling and precise definition of due process. It furnishes though a standard to which governmental action should conform in order that deprivation of life, liberty or property, in each…

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Canonizado v Aguirre; GR No. 133132; 25 Jan 2000; 323 SCRA 312

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FACTS: Dela Torres, Canonizado, Pureza and Adiong were appointed Commissioners of NAPOLCOM. They were appointed separately, in various years and their terms had not expired at the time the amendatory law to R.A. 6975 was passed. R.A. 8551 declared the terms of sitting commissioners as expired upon its effectivity. ISSUE(S): Whether or not petitioners were removed by virtue of a valid abolition. HELD: NO. Under R.A. 6975, the NAPOLCOM ws described a collegial body within the DILG whereas R.A. 8551 made it an agency attached to the department for policy and program coordination. This does not result in the creation…

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Carino v CHR; GR No. 96681; 02 Dec 1991; 204 SCRA 483

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FACTS: Some 800 school teachers undertook a mass concerted action to protest the alleged failure of public authorities to act upon their grievance. The Secretary of Education served them an order to return to work within 24 hours or face dismissal. For failure to heed to the return-to-work order, eight teachers were administratively charged and preventively suspended for 90 days. ISSUE(S): Whether or not CHR has jurisdiction to try and hear the issues involved. HELD: NO. The Constitution clearly and categorically grants to the CHR the power to investigate all forms of human rights violations involving civil and political rights.…

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Zaldivar vs SB; GR Nos. L-79690-707; 27 Apr 1988; 160 SCRA 843 / Resolution 19 May 1988

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FACTS: Petitioner sought to restrain the Sandiganbayan and Tanodbayan Raul Gonzales from proceeding with the prosecution and hearing of criminal cases against him on the ground that sid cases were filed by said Tanodbayan without legal and constitutional authority. ISSUE(S): Whether or not the Tanodbayan has the authority to conduct preliminary investigations and to direct the filing of criminal cases with the Sandiganbayan. HELD: Under the present Constitution, the Special Prosecutor is a mere subordinate of the Tanodbayan and can investigate and prosecute cases only upon the latter’s authority or orders. The Special Prosecutor cannot initiate the prosecution of cases…

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Ombudsman v Madriaga; GR No. 164316; 27 Sep 2006

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FACTS: The San Juan School Club filed a letter-complaint before the Office of the Ombudsman charging respondent with violation of Section 1 of Rule IV and Section 1 of Rule VI of the rules implementing R.A. 6713. ISSUE(S): Whether or not the Office of the Ombudsman has the authority to impose administrative sanctions over public officials. HELD: YES. Article XI, Section 13 of the Constitution grants petitioner administrative disciplinary powers to investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agent, when such act or omission appears to…

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Ledesma v CA; GR No. 161629; 29 Jul 2005; 465 SCRA 437

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FACTS: An investigation was requested on alleged anomalies surrounding the extension of the Temporary Resident Visas of two foreign nationals. Graft Investigator resolved the administrative case suspending petitioner for a year. The criminal case was dismissed. ISSUE(S): Whether or not in finding petitioner administratively liable, Ombudsman has encroached into the power of the Bureau of Immigration over immigration matters. HELD: NO. The creation of the Office of the Ombudsman is a unique feature of the 1987 Constitution. The Ombudsman and his deputies, as protectors of the people, are mandated to act promptly on complaints filed in any form or manner…

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