Skip to main content

Posts

Showing posts from June, 2015

Abdula vs. Guiani

Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
Post a Comment
Read more

How to request for a Marriage Certificate?

Church bells are ringing, doves are flying, guests are getting excited, the bride looks perfectly dashing on her gown, groom stands tall and proud as he watches his bride walks down the isle, and then the exchange of "I Do's".  But those are just part of the process. The wedding ceremony is only just like the cherry on top of a pie. The real deal is in its sweet filling, the marriage certificate. A marriage certificate is an official document validating the marriage of two people.  It is issued by the government and can be used in various purposes, such as evidence on issues pertaining to the legitimacy of a child, proof that a woman has already changed her family name due to marriage and other legal transactions. So enough with my intro and here's the procedure and requirements to request for a Marriage Certificate. First, go to your Local Civil Registrar located in your Municipal Hall or City Hall. Present at least one valid ID. If it is not available, you
Post a Comment
Read more

How to get a Birth Certificate here in the Philippines?

A birth certificate is one of the vital identity documents here in the Philippines. It identifies a complete personal information of an individual such as name, date and place of birth, residency, and parents.  Requirements/Procedures: Go to your Local Civil Registrar (LCR) and ask where to request a birth certificate. Make sure you have at least one valid ID to verify your identity.  Listed below are considered valid IDs here in the Philippines: - Company ID (make sure it has a signature of the employer or authorized representative); - Postal ID; - Students ID (you can use your library card if you have, signed by the school authority); - Senior Citizens ID; - Driver’s license; - NBI Clearance - PNP clearance; - Passport; - SSS ID; - GSIS ID; - Integrated Bar of the Philippine (IBP) ID; - Professional Regulatory Commission (PRC) license. Ask for a Birth Certificate Request Form from any issuing officer and fill in the following information: -Name (if married
Post a Comment
Read more

What is a Community Tax Certificate?

A community tax certificate (or also known as residence certificate) is a legal form of identification document of a person who is residing here in the Philippines, just like a driver's license and a passport. A community tax is levied by municipalities or cities and it is deputized to its barangay sectors in accordance to the provisions of existing laws. Who are subject to a community tax? As stated in Art. VI sections 157 of RA 7160, the individuals liable to a community tax are those inhabitants of the Philippines aged 18 years old and above who: 1. has been regularly employed on a wage or salary basis for at least thirty (30) consecutive working days during any calendar year; or2. who is engaged in business or occupation; or3. who owns real property with an aggregate assessed value of P1,000.00 or more; or4. who is required by law to file an income tax return The above mentioned individuals shall pay an annual additional tax of P5.00 and an annual additional tax P
Post a Comment
Read more

How to get a Community Tax Certificate or Sedula?

Below are the simple steps on how to get a Community Tax Cetificate or Sedula: 1. Go to your local government offices, barangay office, municipal hall or city hall.  Please take note that CTC can only be issued where your residence is actually located; or in case of a company, it is in the place where the principal office of the juridical entity is located.  For example Juan wants to get a CTC in Town A. But his actual residence is in Town B, then the issuing officer would not allow or issue such CTC since he's not a resident in Town A. 2. Approach the window/cashier who issues CTC and ask for the CTC application slip. 3. Fill out the application slip with the following information: Full name (Last Name, First Name and Middle Name/MI) Address Citizenship Civil status *Profession/Occupation/Business **TIN (tax identification number) Date and place of birth Height Weight * If you're working or engaged in business, they would ask how much is your monthly
Post a Comment
Read more

How to get a Police Clearance?

What is a Police Clearance? Have you ever been wondering why employers will always require this document when hiring new employees? It's because companies just want to make a background check whether or not one has committed a criminal record such as arrest, criminal proceedings or conviction. This document will serve as an assurance that the new employee they're hiring is free from any criminal liabilities. So how to get a police clearance here in the Philippines? First, you have to secure the following documentary requirements before going to your local police station: Two pieces of 2×2 ID picture; Note: There are some police stations which no longer require for an ID picture because they are the ones who will take a picture of you at their office, make some minor editing in their computer, attach it right away to the certificate, and then print. So make sure you look good and presentable when you go there because you might have no time anymore to make a retouc
Post a Comment
Read more

Constitutional Law 2 Syllabus

INHERENT POWERS OF THE STATE POLICE POWER Buck v. Bell, 274 U. S. 200 Ermita-Malate Hotel and Motel Operators v. City of Manila, July 31, 1967 Taxicab Operators v. Board of Transportation, 119 SCRA 597 Republic v. Meralco, G.R. No. 141314, Nov. 15, 2002 Ichong v. Hernandez, 101 Phil. 1155 Lim v. Pacquing , 240 SCRA 649 Lutz v. Araneta , 98 Phil. 148 Magtajas v. Pryce Properties, 234 SCRA 255 Miners Association v. Factoran , 240 SCRA 100 Pollution Adjudication Board v. CA, 195 SCRA 112 Tablarin v. Gutierrez, 152 SCRA 730 Tio v. Videogram Regulatory Board, 151 SCRA 208 Ynot v. IAC, 148 SCRA 659 Lozano v. Martinez, 146 SCRA 323 Bunting v. State of Oregon, 243 U. S. 426 MMDA v. Bel-Air Village Assn., March 27, 2000 EMINENT DOMAIN Assn. of Small Landowners v. Sec. of Agrarian Reform, 175 SCRA 343 Roxas & Co. v. CA, 321 SCRA 106 Belen v. CA, 195 SCRA 59 Manosca v. CA, Jan. 29, 1996 De Knecht v. Bautista, 100 SCRA 660 Rep
Post a Comment
Read more

Popular posts from this blog

Javellana vs. Executive Secretary

Javellana vs. Executive Secretary G.R. No. L-36142, March 31 1973 - 50 SCRA 33 FACTS: On January 20, 1973, just two days before the Supreme Court decided the sequel of plebiscite cases, Javellana filed this suit against the respondents to restrain them from implementing any of the provisions of the proposed Constitution not found in the present 1935 Constitution. This is a petition filed by him as a Filipino citizen and a qualified and registered voter and as a class suit, for himself and in behalf of all citizens and voters similarly situated. Javellana also alleged that the President had announced the immediate implementation of the new constitution, thru his Cabinet, respondents including. Respondents are acting without or in excess of jurisdiction in implementing the said proposed constitution upon ground the that the President as Commander-in-Chief of the AFP is without authority to create the Citizens Assemblies; without power to approve proposed constitution; wi
Read more

TECSON VS. COMELEC

GR No. 161434, March 3 2004 FACTS: Respondent Ronald Allan Kelly Poe, also known as Fernando Poe, Jr. (FPJ) filed his certificate of candidacy on 31 December 2003 for the position of President of the Republic of the Philippines in the forthcoming national elections.  In his certificate of candidacy, FPJ, representing himself to be a natural-born citizen of the Philippines, stated his name to be "Fernando Jr.," or "Ronald Allan" Poe, his date of birth to be 20 August 1939 and his place of birth to be Manila. Petitioner Fornier filed before the COMELEC a petition to disqualify FPJ and cancel his certificate of candidacy by claiming that FPJ is not a natural-born Filipino citizen, his parents were foreigners: his mother, Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanish national, being the son of Lorenzo Pou, a Spanish subject.  The COMELEC dismissed the petition for lack of merit. ISSUE: Whether or not FPJ is a natural-born
Read more

LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. PRES. AQUINO

LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. PRES. AQUINO G.R. NO. 73748, May 22, 1986 FACTS: President Corazon Aquino issued Proclamation No. 1 on February 25, 1986 announcing that she and Vice President Laurel were taking power. On March 25, 1986, proclamation No.3 was issued providing the basis of the Aquino government assumption of power by stating that the "new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines." Petitioners alleged that the Aquino government is illegal because it was not established pursuant to the 1973 Constitution. ISSUE: Whether or not the government of Corazon Aquino is legitimate. HELD: Yes. The legitimacy of the Aquino government is not a justiciable matter but belongs to the realm of politics  where only the people are the judge. The Supreme Court further held that: The people have accepted the Aquino government which is in eff
Read more