Political Law - page 28

FACTS: Petitioners assailed the validity of Batas Pambansa Blg. 129 (Judiciary Act) in mandating that justices and judges of inferior courts from the Court of Appeals to municipal circuit courts, except the occupants of the Sandiganbayan and the Court of Tax Appeals, unless appointed to the inferior courts established by such Act, would be considered separated from the judiciary. ISSUE(S): Whether or not the abolition of the existing inferior courts collides with the security of tenure enjoyed by incumber justices and judges under Article X, Section 7 of the Constitution. HELD: NO. Removal is, of course, to be distinguished from…

Keep Reading

FACTS: This is an administrative case against Edillon who refuses to pay his IBP membership dues assailing the provisions of the Rule of Court 139-A and the provisions of paragraph 2, Section 24, Article III of the IBP By-Laws pertaining to the organization of IBP, payment of membership fee and suspension for failure to pay the same. He contends that the stated provisions constitute an invasion of his constitutional rights of being compelled to be a member of the IBP in order to practice his profession and thus deprives his rights to liberty and property and thereby null and void.…

Keep Reading

FACTS: Petitioner Zaldivar moved for Special Prosecutor Gonzales to be cited in contempt for defying the Supreme Court’s cease and desist orders and for issuing contemptuous statements to the media. ISSUE(S): Whether or not Gonzales is guilty of contempt. HELD: YES. Statements made by respondent Gonzales to the media were contemptuous as they imply members of the Supreme Court acted on a manner not befitting the officers of the highest court of the country. Respondent is entitled to the constitutional guarantee of free speech. What Gonzales seems unaware of is that the freedom of speech and of expression, like all…

Keep Reading

FACTS: Seven separate complaints for murder were filed against Pablo Sola and eighteen others in connection with the bodies dug out of the former’s property. A warrant for their arrest was issued. However, without giving the prosecution the opportunity to prove that the evidence of guilt of the accused is strong, the court granted them the right to post bail for their temporary release. The witnesses in the murder cases informed the prosecution of their fear for their safety. ISSUE(S): Whether or not the court may change the venue of the trial to avoid miscarriage of justice. HELD: YES. The…

Keep Reading

FACTS: Judgest Jose Caoibes, Jr. and Florentino Alumbres were embroiled in an altercation resulting to the latter filing before the Office of the Ombudsman a criminal complaint for physical injuries, malicious mischief and assault upon a person in authority against the former. Alumbres also filed an administrative case against Caoibes with the Supreme Court. ISSUE(S): Whether or not the Office of the Ombudsman should defer action on the criminal complaint pending resolution of the Supreme Court for appropriate action. HELD: YES. Under Section C, Article VIII of the Constitution, it is the Supreme Court which is vested with exclusive administrative…

Keep Reading

FACTS: Patricia Maquiran filed a suit for damages arising from the death of her husband due to an accident. The case was assigned to the respondent judge and was submitted for decision in August 1994. However, up to the time Maquiran filed an administrative complaint against respondent judge on 16 Sep 1999, no decision had as yet been rendered on the civil case. ISSUE(S): Whether on not respondent judge was grossly negligent in resolving the case before her court. HELD: YES. Although we are inclined to be compassionate, respondent judge must realize that compassion has its limits. Respondent count have…

Keep Reading

FACTS: Petitioners assailed the 08 Aug 2001 decision and the 29 Oct 2002 resolution of the Court of Appeals affirming that there were no legal grounds to initiate proceedings to nullify original certificate of title no. 820 and 7477 and the subsequent titles derived therefrom Transfer Certificate of Title Nos. 128240 to 128249, inclusive, and TCT No. 128279 all covering parcels of land in Tondo, Manila registered in the names of private respondents. ISSUE(S): Whether or not the CA complied with Section 14, Article VIII of the Constitution. HELD: YES. There is sufficient compliance with the constitutional requirement when a…

Keep Reading

FACTS: In 1985, the High Court of Malaysia issued two separate orders directing Philippine National Construction Corporation (PNCC), a Filipino company, to pay Asiavest Merchant Bankers (M) Berhad, a Malaysian company, a total of $5,108,290.24 for PNCC’s failure to complete a construction project. PNCC failed to comply with the judgment, prompting Asiavest to institute a complaint in the Philippines. ISSUE(S): Whether or not the judgment of a foreign court may be enforced in the Philippines. HELD: YES. Section 50(b), Rule 39 of the Revised Rules of Court provides that a judgment against a person of a tribunal of a foreign…

Keep Reading

FACTS: Petitioner George Yao was convicted for unfair competition for the sale of counterfeit General Electric (GE) lamp starters. He filed a motion for reconsideration which was denied by the Metropolitan Trial Court of Caloocan City. ISSUE(S): Whether or not the Court of Appeals committed grave abuse of discretion amounting to lack of jurisdiction in denying petitioner’s due process of law. HELD: YES. Faithful adherence to the requirements of Section 14, Article VIII of the Constitution is indisputably a paramount component of due process and fair play. It is likewise demanded by the due process clause of the Constitution. More…

Keep Reading

FACTS: Petitioner Ricardo Valladolid was caught in an entrapment scheme effected by JRM & Co. Inc., owner and operator of Copacobana Apartment-Hotel on suspicious that he is relaying confidential business information to competitor Tropicana Apartment-Hotel. Subsequently, he went on a leave of absence. His first two requests for a five-day vacation leave and a fifteen-day sick leave were approved. However, his 30-day sick leave was not granted. He filed a complaint for illegal dismissal with vacation and sick leave pay with the NLRC when he was refused admittance upon his return. On 28 Feb 1979, JRM filed an application for…

Keep Reading