Bar Senpai: Law Materials for PH Students and Underbars

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...

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...

People v. Linsangan | G.R. No. 885859 | April 16, 1991 | Grino-Aquino | Art 3 - Sec. 12 |  Petitioners: People of the Philippines Respondents: Carlito Linsangan y Diaz Recit Ready Summary The police operatives of a Drug Enforcement unit were informed that there was a pusher who was a boy of 20 years, 5’5” in height, and of ordinary build. He was allegedly selling marijuana to anybody, regardless of age in Dinalupihan Street, Tondo, Manila. The members of the unit organized a “buy-bust” operation. Two P10 bills were marked by Patrolman Corpus with his initials “TC.” They bought 10 cigarette sticks of rolled marijuana for P20 from Linsangan. When he was handing them the marijuana, Pat. Corpuz took them with his right hand and grabbed the accused with his other hand. Pat. Ruiz frisked Linsangan and retrieved the marked P10 bills tucked in his waist. He asked the appellant to sign the bills. In the police station, appellant also put his initials “CL” on each stick The issue is W/N appe...

Gamboa v. Cruz | G.R. No. L-56291 | June 27, 1988 | Padilla, J . | Article III – Section 12 | Petitioners: Christopher Gamboa Respondents : Hon. Alfredo Cruz (Judge of the CFI of Manila) Recit Ready Summary Petitioner was arrested and detained for vagrancy. The next day he was made to be a part of a line up where he was pointed out by the complainant as a companion in a robbery case. After that, he was asked to stay and sit in front of the complainant while she gave her statement. Thereafter, an Information charging him of robbery was filed. Arraignment and proceedings ensued. Issue is whether or not his right to counsel was violated. NO, the right to counsel attaches upon the start of an investigation (when the investigating officer starts to ask questions to elicit information and/or confessions or admissions from the accused). The police line up was not yet part of the custodial investigation. So, he was still not entitled to such right. FACTS : Petitioner was arrested without war...

Anonymous Complaint against Otelia Lyn G. Maceda | A.M. P-12-3093 | March 26, 2014 | J. Leonardo De-Castro | Article III - Section 12 | Petitioners: Anonymous complainant/OCA Respondents : Otelia Lyn Maceda Recit Ready Summary Respondent was accused in an anonymous complaint of having falsified her attendance in court.  The Court issued a Resolution stating that the complaint be re-docketed as an administrative complaint, and asked the parties (OCA and Maceda) to manifest if they are willing to submit the matter for resolution.  Maceda refused stating that her right to counsel was not respected, as she did not have access to counsel during the investigation. She asked for more time to engage the services of a counsel.  Court ruled that she cannot. The right to counsel applies to criminal proceeding, not administrative. Furthermore her active participation in the investigation, without complaining about the fact that she had no counsel, and only belatedly (almost 2 years a...

People v. Lucero | G.R. No. 97936 | May 29, 1995 | J. Puno | Article III - Sec. 12 | Petitioners: People of the Philippines Respondents : Alejandro Lucero Recit Ready Summary Lucero was charged with the crime of homicide with robbery. The officer in charge to conduct the investigation of Lucero, Pfc. Pursal, informed the CIS Legal Department about Lucero’s need for a lawyer after the latter said that he had no lawyer. Atty Peralta then conferred with Lucero. It was noted that Peralta observed no reaction when he explained to Lucero his constitutional rights. When the CIS investigator began asking Lucero preliminary questions, Peralta left to attend a friend’s wake. The next morning, Lucero was accompanied by 2 CIS agents to Peralta’s residence to present to the latter Lucero’s extrajudicial statement. Peralta signed the document when Lucero said that the statements were given voluntarily. Lucero claims however that he signed the statement under duress; that Atty Peralta was not around ...

People v. Sunga | G.R. No. 126029 | March 27, 2003 | J. Carpio-Morales | Article III - Section 12 | Petitioners : People of the Philippines Respondents : REY SUNGA, RAMIL LANSANG, INOCENCIO PASCUA, LITO OCTAC and LOCIL CUI @ GINALYN CUYOS, accused, REY SUNGA, RAMIL LANSANG and INOCENCIO PASCUA, appellants. Recit Ready Summary Respondent Sunga was charged for the crime of Rape of Jocelyn Tan, a minor and a high school student. He was afforded the services of Atty. Rocamora, who was the City Legal Officer of Puerto Princesa. With the assistance of Atty. Rocamora, Sunga made testimonies and an extra-judicial confession. Later on, he was convicted of Rape with Homicide and was sentenced to death. The issue in this case is W/N Sunga was afforded the right to counsel. The SC held that he was not. A person under investigation is guaranteed to have a have competent and independent counsel of his own choice, and to be provided with one if he can’t afford the services of counsel. In this case, ...

People v. Tan | G.R. No. 117321 | Feb. 11, 1998 | Romero, J. | Art 3 - Sec. 12 | Petitioners: The People of the Philippine, plaintiff-appellee Respondents: Herson Tan y Verzo, accused-appellant Recit Ready Summary Herson Tan was charged with the crime of robbery with murder. Freddie Saavedra, a tricycle driver, was found dead with 14 stab wounds. Lucena PNP officers invited Tan in connection with the death of Freddie and with respect to two other robbery cases. During their conversation, appellant allegedly gave an explicit account of what actually transpired. Lt. Carlos testified that when he invited appellant to their headquarters, he had no warrant for his arrest. In the course thereof, he informed the latter that he was a suspect, not only in the instant case, but also in two other robbery cases allegedly committed in Lucena City. In the belief that they were merely conversing inside the police station, he admitted that he did not inform appellant of his constitutional rights to r...

People v. Loveria | G.R. No. 79138 | July 2, 1990 | Cortes, J. | Article III, Section 12 | Recit Ready Summary: Loveria was charged with the crime of Robbery with Homicide and Frustrated Homicide. One evening, he boarded a fully loaded jeepney and shouted “hold-up”. Together with some companions, he stabbed Manzanero, the driver and other passengers, who suffered multiple stab wounds. Loveria wants impugn further the credibility of the prosecution witnesses and appellant assails the manner in which he was identified by Manzanero at the headquarters of the 225th Philippine Constabulary (PC) in Cogeo, Antipolo, Rizal, claiming violation of his constitutional right to counsel. The issue in this case is W/N Loveria could, during the line-up, invoke his right to counsel because he was not under custodial interrogation. Citing Gamboa v. Cruz, the Court ruled that the right to counsel of a person under custodial investigation cannot be invoked until such time that the police investigators sta...

Comerciante v. People | G.R. No. 205926 | July 22, 2015 | Perlas-Bernabe, J.| Art III - Sec. 2 | Recit Ready Summary: Agents Radan and Calag were patrolling the area while on their way to visit a friend at Private Road, Mandaluyong City. The spotted accused Comerciante and Dasila standing and showing “improper and unpleasant movements” with one of them handling plastic sachets to the other. Thinking the sachets contain shabu , they introduced themselves as officers and arrested them. Upon examination it was indeed shabu.  RTC found Comerciante guilty beyond reasonable doubt. CA affirmed the conviction.  The SC ruled that against the CA. In the circumstances of the case, it was highly implausible that the officers be able to identify with reasonable accuracy that the plastic sachets indeed contained shabu. The act of standing with a companion handing over something to him cannot in any way be considered criminal acts. It was also failed to show that Calag had personal knowledge...