Bar Senpai: Law Materials for PH Students and Underbars

Hacienda Luisita Incorporated v. Presidential Agrarian Reform Council | G.R. No. 171101 | July 5, 2011 | J. Velasco, Jr. | Article XIII- 4 |  Petitioners: Hacienda Luisita, Incorporated and petitioners-in-intervention: Luisita Industrial Park Corporation, and Rizal Commercial Banking Corporation Respondents: Presidential Agrarian Reform Council; Secretary Nasser Pangandaman of the Department of Agrarian Reform; Alyansa ng mga Manggagawang Bukid ng Hacienda Luisita, Rene Galang, Noel Mallari, and Julio Suniga and his Supervisory Group of the Hacienda Luisita, Inc. and Windsor Andaya Recit Ready Summary Basically, the Marcos government filed a suit against the Cojuangcos to get Hacienda Luisita for the purpose of distributing it to farmers. But during the pendency of the appeal to CA by the Cojuangcos, OSG moved to withdraw the case so CA in a Resolution said that the case was dismissed but dismissal was subject to the condition that the Tadeco (Corp of the Cojuangcos) shall obtain ...

University of San Carlos (USC) v. Court of Appeals (CA) | G.R. No. L-79237 | October 18, 1988 | J. Guncayco | Article XIV – Section 5 | Petitioners: University of San Carlos and Victoria A. Satorre Respondents : Court of Appeals and Jennifer C. Lee Recit Ready Summary: [FREEDOM TO GIVE HONORS] Jennifer Lee was enrolled in the College of Architecture of the University of San Carlos. At the end of the second semester she obtained a grade of “IC (incomplete)” and two failing marks. She then shifted to the College of Commerce the next year. Knowing that her earlier failing marks would be taken into consideration to determine if she could graduate w/ honors, she wrote to the Council of Deans and to the Ministry of Education, Culture and Sports (MECS) requesting that her failing marks be disregarded in the computation of her average grade. When the USC President was out of town, she requested the USC Registrar to change her failing grades. When the request was referred to the MECS, such was ...

Republic of the Philippines v. Nora Fe Sagun | G.R. No. 187567 | February 15, 2012 | Villarama, J. | Article IV | Recit Ready Summary : Respondent is a legitimate child of a Filipino Mother and a Chinese father, and did not elect Philippine citizenship until 12 years after reaching the age of majority. She went to court, praying that she be declared a Filipino, claiming that she speaks Ilocano and Tagalog, and is a registered voter. She claims that through these acts, she has effectively elected citizenship.  Issue is w/n she elected Philippine Citizenship. Court said no.  First, the Courts are not authorized to grant citizenship to foreign nationals, even those who were born here and had to elect Philippine Citizenship.  The applicable law is C.A. 625, which requires a statement of election, an oath of allegiance, and the registration of the two.  Furthermore, one who wishes to elect citizenship in accordance with the provision of the 1935 constitution (applicable c...

Kabataan Party-list v. COMELEC | G.R. No. 221318 | December 16, 2015 | J. Perlas-Bernabe | Article V - Section 2 | Petitioners: KABATAAN PARTYLIST Respondents : COMELEC Recit Ready Summary RA 10367, An Act Providing For Mandatory Biometrics and other COMELEC Resolutions that provide for the implementing rules and regulations of the said law are assailed in this case. The Law mandates the COMELEC to implement a mandatory biometric registration system for new voters. It also provides that who fail to validate their biometrics data will not be allowed to vote. Petitioners assert that the Law violates their right to suffrage because it allegedly adds substantive requirement and doesn’t pass the strict scrutiny test. The Court held that, (1) The Law doesn’t add a substantive requirement, it is merely a procedural limitation on the right to vote as it governs the process of registration; (2) The Law also passes the strict scrutiny test because it has the compelling state interest of address...

Co v. Electoral Tribunal | G.R. No. 92191-92, 92202-03 | July 30, 1991 | Ponente: Gutierrez, Jr. | Article 5 – Section 1 | Petitioners : ANTONIO Y. CO, SIXTO T. BALANQUIT, JR Respondents: ELECTORAL TRIBUNAL OF THE HOUSE OF REPRESENTATIVES and JOSE ONG, JR., Recit Ready Summary : Respondent Ong was proclaimed the duly elected representative of the 2nd district of Northern Samar. Petitioners then filed an election protest against him alleging that he was not a natural-born citizen of the PH. HRET ruled in favor of Ong, hence, these petitions for certiorari. Issue before the Court is W/N, HRET committed grave abuse of discretion in declaring Ong as natural born citizen of the PH. SC held that HRET did not commit GAD. Under the Naturalization Law, respondent Ong became a Filipino citizen through his father, Jose Ong Chuan, who was naturalized when the former was only 9 years old. Moreover, respondent in this case, traces his natural born citizenship through his mother, and not through his...

Virata vs. Sandiganbayan | G.R. No. 86926, G.R. No. 86949 | October 15, 1991 | J. Davide Jr. | Article III - Sec. 22 (PCGG Charter) | Petitioners : 1st G.R.: Cesar E. A. Virata 2nd G.R.: Placido L. Mapa Respondents: The Honorable Sandiganbayan and The Republic of the Philippines Recit Ready Summary: The PCGG filed a complaint against Kokoy Romualdez and 44 others for the recovery of the ill-gotten wealth. It was alleged that they acquired such wealth through their breach of trust and of their obligations as public officers and that they took undue advantage of their relationship with the Marcoses and engaged in schemes to unjustly enrich themselves at the expense of the Filipino people. The defendants in the case questioned the authority of the PCGG and the Solicitor General in initiating the complaint because the Constitution has divested them of such authority. It was within the exclusive power of the Tanodbayan to do this. They also contended that they will not be accorded equal pro...

People v. Relova | G.R. No. L-45129 | March 6, 1987 | Feliciano, J. | [Art 3 - Sec. 21] Ordinance and Statute | Petitioners : The People of the Philippine Respondents : The Honorable Nejamin Relova, in his capacity as Presiding Judge of the CFI of Batangas, 2nd Branch, and Manuel Opulencia Recit Ready Summary Manuel Opulencia was charged for violating Ordinance No. 1, Series of 1974, Batangas City for unauthorized installations of electric wirings and devices to reduce electric power bill. Opulencia pleaded not guilty. He then filed a motion to dismiss the information upon the grounds that the crime there charged had already prescribed, which the City Court granted. 14 days later the Acting City Fiscal of Batangas City filed another information against Opulencia, this time for theft of electric power under Article 308 in relation to Article 309, paragraph (1), of the RPC. Opulencia files a Motion to Quash alleging that he had been previously acquitted of the offense charged in the sec...

People v. Ylagan | G.R. No. 38443 | November 25, 1933 | ABAD SANTOS, J. | Article III - Section 21 - Double Jeopardy | Plaintiff-appellant : THE PEOPLE OF THE PHILIPPINE ISLANDS Defendant-appellee : ELISEA YLAGAN Recit Ready Summary Ylagan, defendant in this case, was charged in a Batangas court with serious physical injuries. After the preliminary investigation, the case was forwarded to the Court of First Instance, where the Provincial Fiscal filed the pertinent information on the charge. On arraignment, defendant pleaded not guilty. Thereafter, the court granted the private prosecutor’s motion to dismiss with concurrence of the Deputy Provincial Fiscal. Eleven days later, the Acting Provincial Fiscal filed another information in the same court of the same charge against the defendant. An information was again forwarded and upon arraignment, thus the defendant pleaded that the charge was a double jeopardy as per Section 28 of the Code of Criminal Procedure.  The issue before the...

People v. Echegaray | G.R. No. 117472 | February 7, 1997 | Per Curium | Article III – Section 19 | Petitioner : PEOPLE OF THE PHILIPPINES Respondent: LEO ECHEGARAY y PILO RECIT READY SUMMARY The SC rendered a decision affirming the conviction of Leo Echegaray for raping his ten-year old daughter. The crime having been committed sometime in April, 1994, during which time RA No. 7659, commonly known as the Death Penalty Law, was already in effect, he was inevitably meted out the supreme penalty of death. W/N Sec. 19 absolutely abolished the death penalty. The SC ruled in the NEGATIVE. The death penalty may be re-imposed by the Legislature provided that: (1) That Congress define or describe what is meant by heinous crimes; (2) That Congress specify and penalize by death, only crimes that qualify as heinous in accordance with the definition or description set in the death penalty bill and/or designate crimes punishable by reclusion perpetua to death in which latter case, death can only be...

United States v. Tan Teng | G.R. No. 7081 | September 7, 1912 | Johnson, J. | Article III – Section 17 |  Petitioners: The United States, plaintiff and appellee Respondents : Tan Teng, defendant and Appellant  Recit Ready Summary Defendant Tan Teng was arrested for the abuse of Oliva Pacomio, a girl, seven years of age.  In the house of Oliva Pacomio’s siz, defendant threw Oliva upon the floor, placed his private parts upon hers and remained in that position for some time. Several days later, the siz of Oliva discovered that Oliva was suffering from a venereal disease known as gonorrhea. Oliva then related to her sister her encounter with the defendant. He was arrested, taken to the police station and stripped of his clothing. Upon examination, the policeman took a portion of the substance emitting from his body for scientific analysis. The result of the examination showed that the defendant was suffering from gonorrhea. Defendant now argues that the result of the scienti...

People v. Ching | G.R. No. 177150 | November 22, 2007 | CHICO-NAZARIO | Art 3 - Sec. 12 | Petitioners: People of the Philippines Respondents: William Ching Recit Ready Summary Ching was convicted of 3 counts of rape committed against his minor daughter, AAA. The first time was sometime in 1996, Ching instructed AAA to go inside his bedroom, he got on top of her and had carnal knowledge of her. She felt pain but could not move because he held both her hands above her head and threatened to kill her. The second time was in May 1998, while AAA and her siblings were sleeping on the floor. He put himself on top of her and had carnal knowledge of AAA. She did not shout because Ching threatened to kill her. The third time was another evening in May 1998, while AAA and her siblings were sleeping, Ching pulled her left arm, made her face him, then he had carnal knowledge of her. He warned her not to tell anyone or he would kill her. The issue is W/N the informations charging Ching of rape are ...