executive and judicial Flashcards
MIRANDA V AGUIRRE
facts: conversion of the municipality
- from a component city into an independent component city
- lack of provision to submit the law for the approval of people of Santiago
issue: whether or not the court has jurisdiction over the petition at bar
held: yes: SC has jurisdiction over the said petition: not a political question, but a justiciable issue
GARCIA V MACARAIG
facts: took oath as a new judge
- his courtroom wasn’t ready and was about to file a leave of absence
- secretary of justice: forego his leave and become a secretary
- Garcia: said he received salaries of a judge but isnt doing the work of a judge
issue: whether or not Macaraig acted with incompetence and dishonesty as a judge
held: no it does not constitute incompetence, it is allowed but the court feels very strongly that this practice should be discontinued
NITAFAN V CIR
facts: qualified and appointed judges
- deduction of withholding taxes from their salaries; which is against section 10 article 8
issue: whether or not members of the Judiciary are exempt from income taxes
held: No, they are subject to general income tax applied to all tax payers
IN RE GONZALES
facts: Gonzales wanted Fernan to be disbared through a telegram
issues: whether or not a member of SC may be disbarred during his term of office
held: no, they may only be removed from office by impeachment, cant be charged with disbarment
ASIAVEST LTD V COURT OF APPEALS
facts: HK court ordered Heras to pay 1.8
- loan defaulted because Heras left HK for good
- never received any summons
- Asiavest said that they gave him summons (through his son in law)
issue: whether or not the foreign judgement can be enforced against Heras in the PH
held: no, he wasn’t properly served his summons
- HK court never acquired jurisdiction over Heras
REPUBLIC V SANDIGANBAYAN
facts: first EO by president Aquino
- recovery of ill-gotten wealth by Marcos
- if there is proof of illegal acquisition, accumulation, let it be brought out now
issue: Whether or not President Marcos committed prohibited and inhibited acts as a president during his term of office
held: yes, the sum 304,372.43 should be the only known lawful income of Marcos
ESTRADA V ARROYO
facts: -wrong doings involving bribe-taking, illegal gambling and other forms of corruption
- estrada was impeached by HOR
- impeachment proceedings were more serious allegations of graft & corruption
- 11 senators voted against opening the 2nd envelope (could be evidence, however is not material or insignificant)
- AFP withdrew their support for Estrada
- snap election to be held; contructively resigned hsi post
- arroyo took oath
- erap left malacanang palace; filed a petition for prohibition
- shouldn’t conduct any cases against him because it is one of the perks of a president (until his term ends)
issue: a. Won the petition presents a justiciable controversy
b. Won the president enjoys immunity from suit
c. Won estrada resigned as president
held: a. Not the conventional way in removing a president
b. Immune for suit — should only be applicable if you really are a president
c. Constructively resigned himself from the position
RUFINO V ENDRIGA
facts: -Marcos issued an EO creating the CCP as a trust governed by a board of trustees
-non municipal public corp free from influencbere of politics
-7-9 trustees
-took respective oaths except for Tantoco
-Endriga group filed a petition for quo warranto
-shall be filled by election by a vote of a
majority of the trustees held at the next regular meeting
issue: won PD 15 is constitutional & CCP trustees have the authority to appoint and elect their fellow trustees when there is vacancy
held: no, PD authorizes the remaining trustees to fill by election vacancies in the board of trustees is unconstitutional
BERMUDEZ V TORRES
facts: Bermudez (first assistant provincial prosecuter & officer in charge of the office of provincial prosecuter was recommended as the provincial prosecutor
-private quiaoit had the support of the representative of tarlac
-quiaoit was appointed by ramos to office
-quiaoit took oath and assumed office
-bermudez refused to vacate office
-quiaoit performed both duties & functions of the office
issue: WON the absence of a recommendation of the SOJ to the president can be held fatal to the appointment of quiaoit
Held: appointment to public office is the act of selecting by one having the authority of an individual to discharge the duties and functions of an office or trust
DENR V DENR EMPLOYEES
facts: employees filed a petition for the nullity of the memorandum order
- immedeate transfer of 12 DENR regional offices from cotobato to kornadal
issue: won DENR secretary has the authority to reorganize the DENR region 12 office
held: no, the president is the only one capable to reorganize the DENR region
- secretary of DENR acts as the alterego of the president
