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Showing posts with the label due process

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 foun...

Secretary of Justice vs. Lantion [Reconsideration]

Secretary of Justice vs. Lantion [Reconsideration] GR No. 139465    October 17, 2000 FACTS: The Supreme Court dismissed the petition in Secretary of Justice v. Lantion (GR 139465, Jan. 18, 2000) and ordered the petitioner to furnish private respondent copies of the extradition request and its supporting papers and to grant him a reasonable period within which to file his comment with supporting evidence. Secretary of Justice vs. Lantion On February 3, 2000, petitioner assailed, on his Urgent Motion for Reconsideration, that the Court failed to look into the important facts and points with regards to extradition law: I. There is a substantial difference between an evaluation process antecedent to the filing of an extradition petition in court and a preliminary investigation. II. Absence of notice and hearing during the evaluation process will not result in a denial of fundamental fairness III. In the evaluation process, instituting a notice and hearing requir...

Secretary of Justice v. Lantion

Secretary of Justice v. Lantion GR 139465, Jan. 18, 2000 FACTS: On June 18, 1999, the Department of Justice received from the Department of Foreign Affairs a U. S. Note Verbale containing a request for the extradition of private respondent Mark Jimenez to the United States. Attached to it were the Grand Jury Indictment, the warrant of arrest issued by the U.S. District Court, Southern District of Florida, and other supporting documents for said extradition.  Secretary of Justice v. Lantion On the same day, the petitioner designated and authorized a panel of attorneys to handle the case in pursuant to Section 5 (1) of Presidential Decree No. 1069. Said attorneys will make a "technical evaluation and assessment" of the extradition request and its supporting documents. The panel found that there are still documents that need to be addressed with. While the evaluation is still pending due to lack of documents, the respondent wrote a letter requesting copies of the of...

Govt. of the United States v. Purganan

Govt. of the United States v. Purganan GR No. 148571, Sept. 24, 2002 FACTS: In accordance to the existing RP-US Extradition Treaty, the United States Government, through diplomatic channels, sent to the Philippine Government Note Verbale an extradition request of Mark B. Jimenez, also known as Mario Batacan Crespo. Upon receipt of the Notes and documents, the secretary of foreign affairs (SFA) transmitted them to the secretary of justice (SOJ) for appropriate action, pursuant to Section 5 of Presidential Decree (PD) No. 1069, also known as the Extradition Law.  Govt. of the United States v. Purganan Jimenez then sought and was granted a TRO to prohibit the DOJ from filing with the RTC a petition for his extradition which was later on assailed by the SOJ. The Court initially dismissed the petition, but later on reverse its decision when it filed its Motion for Reconsideration and held that private respondent was bereft of the right to notice and hearing during the evaluation...

Ermita-Malate Hotel and Motel Operators v. City of Manila

Ermita-Malate Hotel and Motel Operators v. City of Manila GR No. L-24693 July 31, 1967 FACTS: The petition for prohibition against Ordinance No. 4760 was filed on July 5, 1963 by the petitioners, against the respondent Mayor of the City of Manila who was sued in his capacity as such "charged with the general power and duty to enforce ordinances of the City of Manila and to give the necessary orders for the faithful execution and enforcement of such ordinances." Read: Lim v. Pacquing It was alleged that the petitioner non-stock corporation is dedicated to the promotion and protection of the interest of its eighteen (18) members "operating hotels and motels, characterized as legitimate businesses, duly licensed by both national and city authorities, regularly paying taxes, employing and giving livelihood to not less than 2,500 person and representing an investment of more than P3 million."  Ermita-Malate Hotel and Motel Operators v. City of Manila It was ...

FRANCISCO VS. FERNANDO

FRANCISCO VS. FERNANDO G.R. No. 166501, November 16, 2006 FACTS: Petitioner Ernesto B. Francisco, Jr. (petitioner), as member of the Integrated Bar of the Philippines and taxpayer, filed this original action for the issuance of the writs of Prohibition and Mandamus.  Petitioner prays for the Prohibition writ to enjoin respondents Bayani F. Fernando, Chairman of the Metropolitan Manila Development Authority (MMDA) and the MMDA (respondents) from further implementing its “wet flag scheme” (“Flag Scheme”). Petitioner contends that the Flag Scheme: (1) has no legal basis because the MMDA’s governing body, the Metro Manila Council, did not authorize it; (2) violates the Due Process Clause because it is a summary punishment for jaywalking; (3) disregards the Constitutional protection against cruel, degrading, and inhuman punishment; and  (4) violates “pedestrian rights” as it exposes pedestrians to various potential hazards. ISSUE: Whether or not the petition ...

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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...

Callado vs. International Rice Research Institute (IRRI)

Callado vs. IRRI GR No. 106483, May 22 1995, 244 SCRA 210 FACTS: Petitioner Ernesto Callado was employed as a driver at the International Rice Research Institute (IRRI). On February 11, 1990, while driving an IRRI vehicle on an official trip to the Ninoy Aquino International Airport and back to the IRRI, petitioner figured in an accident. After evaluating petitioner's answer, explanations and other evidence by IRRI's Human Resource Development Department Manager, the latter issued a Notice of Termination to petitioner on December 7, 1990. Petitioner then filed a complaint before the Labor Arbiter for illegal dismissal, illegal suspension and indemnity pay with moral and exemplary damages and attorney's fees. Private respondent likewise informed the Labor Arbiter, through counsel, that the Institute enjoys immunity from legal process by virtue of Article 3 of Presidential Decree No. 1620, and that it invokes such diplomatic immunity and privileges as an int...

DRILON VS. LIM

GR No. 112497, August 4 1994 FACTS: Pursuant to Section 187 of the Local Government Code or the Procedure For Approval And Effectivity Of Tax Ordinances And Revenue Measures; Mandatory Public Hearings, Secretary of Justice had, on appeal to him of four oil companies and a taxpayer, declared Ordinance No. 7794, otherwise known as the Manila Revenue Code, null and void for non-compliance with the prescribed procedure in the enactment of tax ordinances and for containing certain provisions contrary to law and public policy. In a petition, the Regional Trial Court of Manila revoked the Secretary's resolution and sustained the ordinance, holding inter alia that the procedural requirements had been observed. Instead, it declared Section 187 of the Local Government Code as unconstitutional because of its vesture in the Secretary of Justice of the power of control over local governments in violation of the policy of local autonomy mandated in the Constitution and of the specific...