Political Law - page 29

FACTS: Petitioners assailed the constitutionality of various provisions of R.A. 8731 or the Indigenous People’s Rights Act of 1997 (IPRA) and its implementing rules and regulations on the ground that they amount to an unlawful deprivation of the State’s ownership over lands of the public domain as well as minerals and other natural resources therein, in violation of the regalian doctrine embodied in Section 2, Article XII of the Constitution. ISSUE(S): Whether or not IPRA is unconstitutional. HELD: The justices voted evenly (7-7) on the petition. Upon redeliberation, the votes remained equally divided. As the necessary majority was not obtained,…

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FACTS: Prudential Bank instituted an administrative case seeking for the disbarment of Atty. Benjamin Grecia in connection with his actuations in a civil case where the latter represented the plaintiff. Grecia filed a petition for redress and exoneration and for voluntary inhibition. ISSUE(S): Whether or not a constitutional provision has been disregarded in the Court’s Minute Resolution dated 12 Jan 1988. HELD: NO. It bears repeating that this is an administrative case so the constitutional mandate that “no…motion for reconsideration of a decision of the Court shall be…denied without stating the legal basis therefor” is inapplicable.

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FACTS: Lucio Teng was convicted by the Regional Trial Court for violation of Batas Pambansa Blg. 22 and estafa. Upon appeal, the Court of Appeals sustained the RTC decision with modification, affirming his conviction for BP 22 and certifying his case of estafa to the Supreme Court. ISSUE(S): Whether or not the Supreme Court has jurisdiction to review the case. HELD: NO. It is essential that before a criminal case can be certified to this Court for review, the Court of Appeals must first render judgment finding the appellant guilty beyond reasonable doubt of the crime charged and imposing upon…

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FACTS: Petitioner Victoriano Tirol, Jr. assailed the resolution of the Office of the Ombudsman which found petitioner and his co-accused criminally culpable for violation of Section 3(a) of R.A. No. 3019, as amended, and the order of the same office denying petitioner’s motion for reconsideration of the said resolution. ISSUE(S): Whether or not the Supreme Court has jurisdiction to review the case. HELD: NO. Only questions of law may be appealed to us by way of certiorari. This court is not ordinarily a trier of facts, its jurisdiction being limited to errors of law. There is no question of law…

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FACTS: Special Prosecutor Raul Gonzales forwarded to Justice Marcelo Fernan an anonymous letter-complaint together with a telegram of Miguel Cuenco in relations to the disbarment charges against the justice. ISSUE(S): Whether or not a member of the Supreme Court may be disbarred during his term of office. HELD: NO. A public officer who under the Constitution is required to be a member of the Philippine bar as a qualification for the office held by him and who may be removed from office only by impeachment, cannot be charged with disbarment during the incumbency of such public officer. Such public officer,…

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FACTS: The Manila Electric Company filed a petition requesting the members of the Supreme Court to fix the terms upon which certain transportation companies shall be permitted to use the Pasig bridge of the Manila Electric Company and the compensation paid to the latter. This relates to the validity of Section 11 of Act No. 1446 and to the legal right of the members of the Supreme Court, sitting as a board of arbitrators, to act on the petition. ISSUE(S): Whether or not the Supreme Court can sit as board of arbitrators. HELD: NO. The Supreme Court of the Philippines…

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FACTS: Ricardo Papa, Jr. and Isidro Garcia ran for the mayoral post in the May 1995 elections where the latter was proclaimed winner. Papa impugned the results of all 713 precincts in the municipality of Taguig, Metro Manila. ISSUE(S): Whether or not Judge Estrella acted in accordance with his duty as an officer of the court. HELD: NO. A judge should, in pending or prospective litigation before him, be scrupulously careful to avoid such action as may reasonably tend to waken the suspicion that his social or business relations or friendships constitute an element in determining his judicial course. He…

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FACTS: The Metropolitan Manila Development Authority filed a motion for reconsideration from the decision of the Third Division, Supreme Court, affirming the judgment of the lower courts declaring that there is a valid and perfected waste management contract between the Republic of the Philippines and Jancom Environment Corporation. ISSUE(S): Whether or not MMDA may petitino for certiorari to the Court en banc a decision promulgated by the Third Division, Supreme Court. HELD: NO. Circular No. 2-89 governing referral of cases to the Court en banc states that “[t]he Court en banc is not an Appellate Court to which decisions or…

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FACTS: On 05 May 1994, RA 7720 was signed into law converting the municipality of Santiago, Isabela into an independent component city. It was subsequently ratified by the people of Santiago on 04 Jul 1994. On 14 Feb 1998, RA 8528 was enacted changing, among others, the status of Santiago from an independent component city into a component city. ISSUE(S): Whether or not the Supreme Court has jurisdiction on justiciable questions. HELD: YES. Article VIII, Section 1 of the Constitution defines judicial power as including the duty of the courts of justice to settle actual controversies involving rights which are…

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FACTS: Merritt was riding a motorcycle along Padre Faura Street when he was bumped by the ambulance of the General Hospital. Merritt sustained several injuries rendering him unable to return to work. The legislature later enacted Act 2457 authorizing Merritt to file a suit against the Government in order to fix the responsibility for the collision and to determine the amount of the damages, if any, to which he is entitled. ISSUE(S): Whether or not the Government, in enacting Act 2457, waived its immunity from suit and conceded its liability to Merritt. HELD: NO. By consenting to be sued a…

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