Political Law - page 32

FACTS: Petitioner is a recognized official of the World Health Organization. His personal belongings contained in twelve crates entered the Philippines as unaccompanied baggage were allowed free entry from duties and taxes. Respondent judge issued a search warrant upon the request of respondent officers of the Constabulary Offshore Action Center (COSAC) for alleged violation of the Tariff and Customs Code. ISSUE(S): Whether or not search and seizure of petitioner’s personal belongings was legal. HELD: NO. Petitioner is entitled to diplomatic immunity as recognized by the executive branch of the government. Such diplomatic immunity carries with it, among other diplomatic privileges…

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FACTS: Petitioner filed a petition for habeas corpus, asserting that a Filipino citizen who adhered to the enemy, giving the latter aid and comfort during the Japanese occupation cannot be prosecuted for the crime of treason for the reasons: (1) that the sovereignty of the legitimate government of the Philippines and the correlative allegiance of the Filipino citizens thereto was then suspended; (2) there was a change of sovereignty over the islands upon the proclamation of the Philippine Republic. ISSUE(S): Whether or not enemy occupation has the effect of suspending the allegiance of a Filipino citizen to their government. HELD:…

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FACTS: During the Japanese occupation, Ramon Ruffy organized and led a guerilla outfit known as Bolo combat team of Bolo Area. The Bolo Area later because part of the 6th Military district, which has been recognized and placed under the operational control of the U.S. Army in the South Pacific. Sometime later, Col. Jurado effected a change of command in the Bolo Area. Major Ruffy who was then acting as commanding officer was relieved of his position. Later, Col. Jurado was slain allegedly by petitioner. ISSUE(S): Whether or not petitioner is subject to military law at the time the alleged…

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FACTS: Respondent judge refused to take cognizance of and continued the proceeding in petitioner’s civil case on the ground that the proclamation of Gen. MacArthur had the effect of invalidating and nullifying all judicial proceedings and judgment of the court of the Philippines under the Philippine Executive Commission and the Republic of the Philippines established during the Japanese military occupation and that the lower courts have no jurisdiction to take cognizance of and continue proceedings pending in the courts of the defunct Republic of the Philippines in the absence of an enabling law granting such authority. ISSUE(S): Whether or not…

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FACTS: The Spanish dominion contributed funds for relief of the damages done by an earthquake that hit the Philippine Islands. Upon the petition of the governing body of the Monte de Piedad, part of the funds was turned over to them. When the treasurer of the Philippine Islands was empowered to bring suit against Monte de Piedad to recover said amount, the latter refused to give the money back, stating that it was given as a donation. ISSUE(S): Whether or not the Philippine government is competent to file a complaint against the respondent bank. HELD: YES. The legislature or government…

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FACTS: Deceased Florentino Pilapil, husband of Melchora Cabanas and father of Millian Pilapil, left an insurance having his child as beneficiary and authorized his brother to act as trustee during his child’s minority. Upon his death, the insurance proceeds were paid to the brother. ISSUE(S): Whether or not the State may interfere with the virtue of the doctrine of parens patriae to the terms of the insurance policy. HELD: YES. It is buttressed by the adherence to the concept that the judiciary, an an agent of the State acting as parens patriae, is called upon whenever a pending suit or litigation affects…

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Salazar vs Achacoso; G.R. No. 81510; 14 Mar 1990; 183 SCRA 145 FACTS: Rosalie Tesorio, in a sworn statement, filed a complaint with the POEA charging petitioner for illegal recruitment. After knowing that petitioner had no license to operate a recruitment agency, public respondent Administrator Achacaso issued a closure and seizure order. ISSUE(S): Whether or not the POEA/Labor Secretary validly issued the warrant for search and seizure. HELD: No search warrant or warrant of arrest shall be issued except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the…

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Zandueta vs de la Costa; G.R. No. 46267; 28 Nov 1938; 66 Phil 615 FACTS: Francisco Zandueta was presiding over the 5th brand of the CFI of Manila. Upon the promulgation of CA 145, he received a new ad interim appointment as judge of First Instance, this time at the fourth judicial district. However, the Commission on Appointment of the national assembly disapproved the aforesaid ad interim appointment. Thereafter, the president appointed Sixto de la Costa as a judge of the 4th judicial district. The appointment was approved by the Commission on Appointment. ISSUE(S): Whether or not Zandueta may question…

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People vs Vera; G.R. No. L-45685; 16 Nov 1937; 65 SCRA 56 FACTS: While awaiting new trial, Cu Unjeng appealed for probation alleging that he is innocent of the crime he was convicted. Judge Vera upon the request of private respondent allowed the petition to be set for hearing. ISSUE(S): Whether or not there is undue delegation of power. HELD: YES. There is undue delegation of power because there is no set standard provided by Congress on new provincial boards must act in carrying out a system of probation. The provincial boards of the various provinces are to determine for…

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Anti Graft League of the Philippines vs CA; G.R. No. 97787; 01 Aug 1996; 260 SCRA 250 FACTS: President Marcos issued P.D. 674 establishing the Technological College of Rizal. It made the Provincial Board purchase four parcels of land from Ortigas & Co., Ltd. totaling to 192,177 sq.m. at P110.00 per sq.m. The land remained unused for 12 years so the Board passed Resolution 87-205, allowing the governor to sell the land. It was then sold to Valleyview Realty Development Corp. for P700 per sq.m. The new provincial board issued Resolution 88.65 rescinding the sale between the province and Valleyview…

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