Case Digest: So v. Republic (G.R. No. 170603)

So v. Republic | G.R. No. 170603 | 29 Jan 2007 | Callejo, Sr. J. | Art IV (Section 1, Par 4) | Petitioners: Edison So Respondents: Republic of the Philippines Recit Ready Summary Herein Petitioner So filed for a Petition for Naturalization under CA No. 473 aka the Revised Naturalization Law.He presented 2 witnesses à fam business lawyer Atty. Adasa & UST classmate Mark Salcedo. RTC granted So’s petition. Respondent Republic of the Phil through OSG said not so fast! Coz SolGen claims na the 2 witnesses So presented did not know him (So) well enough and that they only gave general statements upon being asked about the character and moral conduct of So. CA set aside RTC’s decision. Hence, this present petition. The issue is W/N So qualifies for Philippines Citizenship and the Court said NO. It was wrong for So to claim that that RA 9139 should apply to his case instead of CA No. 473. This is because the latter applied to ALL ALIENS regardless of class while the former applies to nati...
Post a Comment

Case Digest: Rubi v. Provincial Board of Mindoro (G.R. No. 14078)

Rubi v. Provincial Board of Mindoro | G.R. No. 14078 | March 7, 1919 | Malcolm, J. |

Petitioners: Rubi et al (Manguianes)
Respondents: The Provincial Board of Mindoro

FACTS:

  • Rubi and other Manguianes of the Province of Mindoro filed an application for Habeas Corpus before the Supreme Court.
    • The petitioners allege that the Manguianes are being illegally deprived of their liberty by the provincial officials of Mindoro. Rubi et al claim that they were being held on the reservation established at Tigbao, Mindoro, against their will.
    • They further claim that one of their companions, Dabalos, is being held under the custody of the provincial sheriff in the prison at Calapan for having run away from the reservation.
  • The provincial governor of Mindoro issued a resolution, which was subsequently adopted by the provincial board of the province, directing the Manguianes in the vicinities of the townships of Naujan and Pola and the Mangyans east of the Baco River including those in the districts of Dulangan and Rubi’s place in Calapan, to take up their habitation on the site of Tigbao, Naujan Lake.
  • This is in pursuant to the provisions of the Administrative Code of 1917, granting authority to the provincial governor of any province to direct non-Christian inhabitants to take up their habitation on sites on unoccupied public lands to be selected by the governor and approved by the provincial board.
  • The Administrative Code also requires the approval of the Secretary of the Interior, and such action was taken by the provincial governor of Mindoro which caused the approval of the said resolution.
  • The failure of the Manguianes to comply with the said order would, upon conviction, result in their imprisonment for not more than sixty days.
  • Rubi et al allege the validity of the said Administrative Order, specifically section 2145 which provides for the establishment of non-christians upon sites selected by the provincial governor.

ISSUES: 

1. W/N section 2077 of the administrative code is unconstitutional because it delegates legislative power to provincial authorities? - NO 

2. W/N the legislative intention is clear in enacting section 2077 of the administrative code? - YES

HELD:

  1. The court ruled that the maxim of constitutional law forbidding the delegation of legislative power was not violated in this case. In a case decided by Judge Ramney, he stated that, “The true distinction therefore is between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority of discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.” The Legislature may make decisions of executive departments or subordinate officials thereof, to whom it has committed the execution of certain acts, final on questions of fact. The growing tendency in the decisions is to give prominence to the “necessity” of the case.  
  • In this case, the legislature has conferred authority upon the province of Mindoro, to be exercised by the provincial governor and the provincial board. The Supreme Court ruled that this delegation of legislative powers to local authorities has been sanctioned by immemorial practice. Moreover, the court stated that, when deemed necessary in the interest of law and order, the provincial governor and the provincial board are better qualified to judge such course of action. The local authorities are charged with the administration of the province and the protection of the inhabitants thereby making them better fitted to select sites which have the conditions most favorable for improving the “people who have the misfortune of being in a backward state.” 
  1. The court ruled that insofar as the Manguianes are concerned, the purpose of the government is evident. The resolution that the provincial governor of Mindoro issued, setting apart the Tigbao reservation for the Manguianes, stated the following reasons for such action: (1) The failure of the former attempts for the advancement of the non-christian people of the province; (2) and the only successful method for educating the Manguianes was to oblige them to live in a permanent settlement. 
  • The Secretary of the Interior also added the benefits of the reservation in organizing the Manguianes into political communities and in educating their children to become “useful” citizens of this country. The main purpose of the government in creating permanent settlements for non-christian people is to lead them to economic, social, and political equality, and unification with the more highly civilized inhabitants of the country. Ultimately, the government intended to begin their process of civilization. The court stated that this measure is necessary both in the interest of the public as owner of the lands about which they are roving and for the proper accomplishment of the purposes and objectives of the government. Furthermore, unless a penalty is provided for, it will be difficult for the government to fulfill its noble intention in organizing the Manguianes and making them live together.
DISPOSITION: Petitioners are not unlawfully imprisoned or restrained of their liberty. Habeas corpus can, therefore, not issue.

Comments

Post a Comment

Popular posts from this blog

Case Digest: Republic v. Sereno (G.R. No 237428) w/ Summary of Separate Opinions

Republic v. Sereno (including Summary of Separate Opinions) | G.R. No. 237428 | May 11, 2018 | Tijam, J. |  Topic: Art. VIII, Sec 5 (other topics included in the full digest) | SUMMARY:   A petition for quo warranto was filed by the OSG assailing the appointment of CJ Sereno as Chief Justice on the ground that she failed to prove her integrity during the nomination process as she failed to comply with the SALN requirements of the JBC. Several groups and individuals filed Motions for Leave to Intervene, among them Senators De Lima and Trillanes. CJ Sereno filed a Motion to Inhibit against six Justices. The Republic argues that (1) quo warranto is the proper remedy, as the Constitution does not make impeachment the exclusive mode of unseating an impeachable officer; (2) the petition is not time barred as prescription cannot run against the States; and, (3) that, at the time of her appointment, CJ Sereno was not of “proven integrity” she not having filed the required SALNs a...
Read more

Case Digest: Gloria Dy v. People (G.R. No 189081)

Gloria Dy v. People of the Philippines | G.R. No. 189081 | August 10, 2016 | Topic: Liability ex delicto / ex contractu FACTS: Dy, as the General Manager of Mandy Commodities Company, Inc. (MCCI) proposed to William Mandy (President of MCCI) to purchase a property for the company. To facilitate the purchase, the president obtained a loan from International China Bank of Commerce (bank), which was granted to the company in the amount of P20 million.   As security, MCCI executed a chattel mortgage over their warehouses. The president entrusted Dy to manage the payment of the loan. Later on, MCCI received a notice of foreclosure over the mortgaged property due to its default in paying.   In order to prevent the foreclosure, the president delivered to Dy, P21,706,281 worth of checks issued by MCCI, with the instruction that Dy shall use the checks to pay the loan. However, the president later discovered that the checks weren’t paid to the bank when the bank foreclosed the mortg...
Read more

Case Digest: Secretary of National Defense v. Manalo (G.R. No. 180906)

Secretary of National Defense v. Manalo |  G.R. No. 180906 | October 7, 2008 |  Puno. C.J. Doctrine and Concepts: The Writ of Amparo offers a better remedy to extralegal killings and enforced disappearances and threats thereof due to the nature of swiftness required to resolve these cases The remedy provides rapid judicial relief as it partakes of a summary that requires only substantial evidence to make the appropriate reliefs available to the petitioner; it is not an action to determine criminal guilt requiring proof beyond reasonable doubt or liability for damages requiring preponderance of evidence or administrative responsibility requiring full and exhaustive proceedings. Facts The case at bar is an appeal via Petition for Review under Rule 45 of the Rules of Court in relation to Section 19 of the Rule on the Writ of Amparo , seeking to reverse and set aside , the Decision promulgated by Court of Appeals in C.A. G.R. AMPARO No. 00001. The original case was filed by ...
Read more