Documente Academic
Documente Profesional
Documente Cultură
Facts:
Petitioners are owners of parcels of land. On
November 8, 1995, the Sangguniang Bayan of the
Municipality of Panay issued Resolution authorizing
the municipal government through the mayor to
initiate expropriation proceedings.
3
Arrobang v. Martinez
G.R. No. 153974 August 7, 2006
4
Arrobang v. Martinez
G.R. No. 153974 August 7, 2006
5
Arrobang v. Martinez
G.R. No. 153974 August 7, 2006
6
Arrobang v. Martinez
G.R. No. 153974 August 7, 2006
7
Arrobang v. Martinez
G.R. No. 153974 August 7, 2006
Issue:
8
Arrobang v. Martinez
G.R. No. 153974 August 7, 2006
Held:
Yes. The Expropriation in this case was based merely
on a resolution, such expropriation is clearly
defective. While the Court is aware of the
constitutional policy promoting local autonomy, the
court cannot grant judicial sanction to an LGUs
exercise of its delegated power of eminent domain
in contravention of the very law giving it such power.
9
Hon. Jejomar Binay and Municipality of
Makati v. Hon. Eufemio Domingo
September 11, 1991
Facts:
On September 27, 1988, petitioner Municipality, approved
Resolution No. 60 which reads:
“A RESOLUTION TO CONFIRM AND/OR RATIFY THE
ONGOING BURIAL ASSISTANCE PROGRAM
INITIATED BY THE OFFICE OF THE MAYOR, OF
EXTENDING FINANCIAL ASSISTANCE OF FIVE
HUNDRED PESOS (P500.00) TO A BEREAVED
FAMILY, FUNDS TO BE TAKEN OUT OF
UNAPPROPRIATED AVAILABLE FUNDS EXISTING IN
THE MUNICIPAL TREASURY. “ 10
Hon. Jejomar Binay and Municipality of
Makati v. Hon. Eufemio Domingo
September 11, 1991
Issue:
Whether or not Subject Resolution No. 60, s. 1988, of
the Municipal Council of Makati and the intended
disbursements fall within the twin principles of
police power and parens patriae.
13
Hon. Jejomar Binay and Municipality of
Makati v. Hon. Eufemio Domingo
September 11, 1991
Held:
Resolution No. 60 is a paragon of the continuing
program of our government towards social justice.
The Burial Assistance Program is a relief of
pauperism, though not complete.
Commission on Audit's Decision No. 1159 is SET
ASIDE.
14
Hon. Jejomar Binay and Municipality of
Makati v. Hon. Eufemio Domingo
September 11, 1991
15
Hon. Jejomar Binay and Municipality of
Makati v. Hon. Eufemio Domingo
September 11, 1991
16
Modern Legal Realism
Alejandro Estrada v. Soledad Escritor
August 4, 2003
Facts:
Soledad Escritor works as a Clerk of Court in the
Regional Trial Court of Las Pinas. Complainant
Estrada, requested for an investigation in relation to
rumors that respondent was engaged in a
relationship with a man who is not her husband.
She admitted that she started living with Luciano
Quilapio, Jr. without the benefit of marriage more
than twenty years ago
18
Alejandro Estrada v. Soledad Escritor
August 4, 2003
19
Alejandro Estrada v. Soledad Escritor
August 4, 2003
Issue:
Whether or not respondent should be reprimanded for
her alleged extra-marital affairs.
20
Alejandro Estrada v. Soledad Escritor
August 4, 2003
Held:
No. Our Constitution adheres to the benevolent neutrality
approach that gives room for accommodation of
religious exercises as required by the Free Exercise
Clause.
Respondent Escritor’s conjugal arrangement cannot be
penalized as she has made out a case for exemption
from the law based on her fundamental right to freedom
of religion.
21
Alejandro Estrada v. Soledad Escritor
August 4, 2003
22
Alejandro Estrada v. Soledad Escritor
August 4, 2003
23
Alejandro Estrada v. Soledad Escritor
August 4, 2003
24
Marcos vs. Manglapus,
September 15, 1989
Facts:
The petitioners are Ferdinand E. Marcos and his
immediate family, while Raul Manglapus, Secretary
of Foreign Affairs, the respondent. The call is about
the request of Marcos family to the court to order
the respondents to issue travel documents to Mr.
Marcos and the immediate members of his family
and to enjoin the implementation of the president’s
decision to bar their return to the Philippines.
25
Marcos vs. Manglapus,
September 15, 1989
Issue:
Whether or not, in the exercise of the powers granted
by the constitution, the President may prohibit the
Marcoses from returning to the Philippines.
26
Marcos vs. Manglapus,
September 15, 1989
Held:
Petition was dismissed. President did not arbitrarily or
with grave of discretion in determining that return of
former president Marcos and his family at the
present time and under present circumstances
poses a serious threat to national interest and
welfare and in prohibiting their return to the
Philippines.
27
Marcos vs. Manglapus,
September 15, 1989
28
Marcos vs. Manglapus,
September 15, 1989
Facts:
International School Inc. is a domestic educational
Institution established primarily for dependents of
foreign diplomatic personnel and other temporary
residents.
Respondent school hires foreign and local teachers as
members of its faculty.
They were classified as foreign-hires and local-hires.
31
International School Alliance of Educators
v. Hon. Leonardo A. Quisumbing
June 1, 2000
32
International School Alliance of Educators
v. Hon. Leonardo A. Quisumbing
June 1, 2000
Issue:
Whether or not the classification employed by
the respondent school constitutes racial
discrimination
33
International School Alliance of Educators v.
Hon. Leonardo A. Quisumbing
June 1, 2000
Held:
YES. The Constitution in the Article on Social Justice
and Human Rights exhorts Congress to "give
highest priority to the enactment of measures that
protect and enhance the right of all people to human
dignity, reduce social, economic, and political
inequalities."
34
International School Alliance of Educators
v. Hon. Leonardo A. Quisumbing
June 1, 2000
35
International School Alliance of Educators
v. Hon. Leonardo A. Quisumbing
June 1, 2000
36
International School Alliance of Educators
v. Hon. Leonardo A. Quisumbing
June 1, 2000
Case Analysis
Critical Legal Studies views the law as an instrument
to redeem the people from social divisions and
hierarchies.
It is an advocacy of the law as a neutral and objective
means of social control with emphasis on its
liberating function
37
International School Alliance of Educators v.
Hon. Leonardo A. Quisumbing
June 1, 2000
38
Policy Science
Petition for Habeas Corpus: Laurente C. Ilagan
v. Hon Juan Ponce Enrile
October 21, 1985
Facts:
A petition for Habeas Corpus was filed by the
Integrated Bar of the Philippines and Free Legal
Assistance Group on behalf of Attorneys Laurente
Ilagan, Antonio Arellano, and Marcos Risonar.
The three lawyers were arrested and detained in
Camp Catitipan solely on the basis of a Mission
Order signed by General Echavarria.
40
Petition for Habeas Corpus: Laurente C. Ilagan
v. Hon Juan Ponce Enrile
October 21, 1985
42
Petition for Habeas Corpus: Laurente C. Ilagan
v. Hon Juan Ponce Enrile
October 21, 1985
43
Petition for Habeas Corpus: Laurente C. Ilagan
v. Hon Juan Ponce Enrile
October 21, 1985
Issue:
Whether or not the subsequent filing of an
Information is a bar to a petition for Habeas
Corpus.
44
Petition for Habeas Corpus: Laurente C. Ilagan
v. Hon Juan Ponce Enrile
October 21, 1985
Held:
Case was dismissed for having become moot and
academic. Petitioners were detained by virtue of a
Warrant of Arrest issued by the Regional Trial Court
of Davao City in relation to the criminal case for
Rebellion filed against them before said Court.
45
Petition for Habeas Corpus: Laurente C. Ilagan
v. Hon Juan Ponce Enrile
October 21, 1985
46
Petition for Habeas Corpus: Laurente C. Ilagan
v. Hon Juan Ponce Enrile
October 21, 1985
47
The social value of “Power” was also evident in the
case at bar. The first aspect of “Power” as a social
value is the capacity to secure and maintain
fundamental Human Rights. These rights cannot
exist under a benevolent despot. In Ilagan v. Enrile,
the captives were arrested under the authority of the
then dictator Ferdinand Marcos. It can be gainsaid
that the arbitrary authority exercised over the
lawyers were unnatural and undesirable.
48
Scandinavian Legal Realism
Primitivo Ansay, etc. et.al.
v. The Board of Directors of the
National Development Company, et.al.
50
Primitivo Ansay, etc. et.al.
v. The Board of Directors of the
National Development Company, et.al.
51
Primitivo Ansay, etc. et.al.
v. The Board of Directors of the
National Development Company, et.al.
Issue:
Whether or not the company is obliged to give
20% bonus since the claim of the appellants
rests on moral grounds or what is defined by
law as natural obligation
52
Primitivo Ansay, etc. et.al.
v. The Board of Directors of the
National Development Company, et.al.
Held:
Natural Obligations are those based on equity and
natural law, which are not enforceable by means of
court action, but which after voluntary fulfillment by
the obligor, authorize the retention by the obligee of
what has been delivered or rendered by reason
thereof.
These refer to obligations without sanction,
susceptible of voluntary performance, but not
through compulsion by legal means.
53
Primitivo Ansay, etc. et.al.
v. The Board of Directors of the
National Development Company, et.al.
Case Analysis:
Scandinavian Legal Realism views the law as the
means of regulating human behavior based on the
feeling for what is best for the social welfare.
They believe that legal ideology has no place in the
conception of the law and its component jural
relations.
The conventional concepts of “right” and “obligation’
are verbal magic.
54