Criminal Law: Facts
Criminal Law: Facts
Criminal Law: Facts
FACTS:
October 2, 2006, the President of the Republic approved into law Republic Act (R.A.) No. 9355
(An Act Creating the Province of Dinagat Islands).
November 10, 2006, petitioners filed before this Court a petition for certiorari and prohibition challenging
the constitutionality of R.A. No. 9355. The Court dismissed the petition on technical grounds. Their motion
for reconsideration
illegal acts during a strike may be declared to have lost his employment status. Here, the respondents
merely participated in the illegal strike but did not commit any of the illegal acts. Hence, their termination
is not valid.
HELD #2: No. The principle of a “fair day’s wage for a fair day’s labor” remains as the basic factor in
determining the award of backwages. If there is no work performed by the employee there can be no
wage or pay unless the laborer was able, willing and ready to work but was illegally locked out,
suspended or dismissed or otherwise illegally prevented from working. For this exception to apply, it is
required that the strike be legal. Since the strike in this case was illegal, the respondents cannot be
awarded with backwages.
TPO) has been issued against Sgt Yahon to protect the respondent from further abuses. In the TPO, Sgt
Yahon was ordered to provide reasonable financial spousal support to the respondent. In his failure to
appear before the court with a counsel and with an answer to the charges against him, the court has
granted Permanent Protection Order (PPO) for the respondent against Sgt Yahon. It was also reiterated
that Sgt Yahon should provide for the financial spousal support to his wife from his retirement benefits.
However, the Armed Forces of the Philippines Finance Center contended that half of the retirement
benefits of Sgt Yahon cannot be given to the respondent as it is from a military institution. The petitioner
contended that money due to government employees is not liable to the creditors of the said employees
in the process of garnishment.
PD 1638. Section 31. The benefits authorized under this Decree, except as provided herein, shall not be
subject to attachment, garnishment, levy, execution or any tax whatsoever; neither shall they be
assigned, ceded, or conveyed to any third person: Provided, That if a retired or separated officer or
enlisted man who is entitled to any benefit under this Decree has unsettled money and/or property
accountabilities incurred while in the active service, not more than fifty per centum of the pension gratuity
or other payment due such officer or enlisted man or his survivors under this Decree may be withheld
it complies with the rules on admissibility prescribed by the Rules of Court and related laws, and is
authent
ISSUE:
HELD: The LNMB was not expressly included in the national shrines enumerated in PD
105
P.D. No. 105 does not apply to the LNMB. Despite the fact that P.D. No. 208 predated
P.D. No. 105, the LNMB was not expressly included in the national shrines enumerated
in the latter. The proposition that the LNMB is implicitly covered in the catchall phrase
"and others which may be proclaimed in the future as National Shrines" is erroneous
because: (1) As stated, Marcos issued P.D. No. 208 prior to P.D. No. 105; (2) Following
the canon of statutory construction known as ejusdem generis, 138 the LNMB is not a
site "of the birth, exile, imprisonment, detention or death of great and eminent leaders of
the nation,"; and (3) Since its establishment, the LNMB has been a military shrine under
the jurisdiction of the PVAO.
Assuming that P.D. No. 105 is applicable, the descriptive words "sacred and hallowed"
refer to the LNMB as a place and not to each and every mortal remains interred therein.
Hence, the burial of Marcos at the LNMB does not diminish
fundamental and paramount law of the nation. It prescribes the permanent framework of a system of government,
assigns to the different departments their respective powers and duties, and establishes certain fixed principles on
which government is founded. The fundamental conception in other words is that it is a supreme law to which all
other laws must conform and in accordance with which all private rights must be determined and all public authority
administered. Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the
constitution that law or contract whether promulgated by the legislative or by the executive branch or entered into by
private persons for private purposes is null and void and without any force and effect. Thus, since the Constitution is
the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract.
TRUE/FALSE
1. All Art 2 not self-executing
ica
within the exclusive province and jurisdiction of the judicial department, and that in enacting a law, the
Legislature may not legally provide therein that it be interpreted in such a way that it may not violate a
Constitutional prohibition, th
there was no emergency situation in Metro Manila deeming it a need to deploy soldiers for law
enforcement, and that the President has exercised power beyond the limits prescribed by the
Constitution.
Issue:
Yes. The Court dismissed the case on the grounds that petitioners, although have legal
personality or locus standi due to the advancement of the issue they presented, failed to
recognize the wisdom behind the power of the President to invoke the military as one of his
rights for the basis of maintenance of peace order and for the avoidance of lawless violence.
Case 2
Facts:
Petitioners, which consist of minors, represented by their parents, filed for a taxpayers’ suit,
praying for the cancellation and cessation of all existing timber license agreements, and other
processes regarding TLAs in the country as said TLAs affect the balance and health of ecology.
Respondent contends that petitioners have no cause of action and that what they are presenting
is a political question. Petitioners sought Articles 19-21 of the Civil Code, Sec. 4 of E.O. 192,
Sec. 3 of P.D. 1151 and Sec. 16 of Article 2 of the 1987 Constitution as cause of action. While
they also justified that their issue is of a justiciable question.
Issue:
Held:
Yes. The Court ruled that the case is of common interest and importance to all Filipinos. By
invoking Articles 19-21 of the Civil Code, Sec. 4 of E.O. 192, Sec. 3 of P.D. 1151 and Sec. 16 of
Article 2 of the 1987 Constitution, the petitioners have established their cause of action. Hence,
the licenses must be revoked and rescinded by executive action
Case 3
Facts:
Among the 12 nominees for the Board of Medical Examiners, only 6 were shortlisted by the
President, which includes Dr. Pedro Cruz, a government physician. The petitioners, who are
among the nominees cut by the president, prayed for two causes of action. The first, being that
any one of them is qualified for the position and that Dr. Cruz’s appointment be rendered illegal,
thus null and void. While the second, prays for a writ of preliminary injunction, ceasing, desisting
and refraining the respondent from assuming and performing the role of Board Medical
Examiner, and for the respondent
of RA No. 590 unconstitutional and ordering the appellant Saturnino David as Collector of Internal
Revenue to refund to Justice Pastor Endencia and to Justice Fernando Jugo the income tax collected on
their salary. When the SC held in the Perfecto case that judicial officers exempt from salary tax because
the collection thereof was a decrease or diminution of their salaries which is prohibited by the
Constitution, the Congress thereafter promulgated RA No. 590, authorizing and legalizing the collection of
income tax on the salaries of judicial officers.
HELD: By legislative fiat as enunciated in section 13, RA No. 590, Congress says that taxing the salary of
a judicial officer is not a decrease of compensation. This is a clear example of interpretation or
ascertainment of the meaning of the phrase “which shall not be diminished during their continuance in
office,” found in section 9, Article VIII of the Constitution, referring to the salaries of judicial officers. This
act of interpreting the Constitution or any part thereof by the Legislature is an invasion of the well-defined
and established province and jurisdiction of the Judiciary. “The rule is recognized elsewhere that the
legislature cannot pass any declaratory act, or act declaratory of what the law was before its passage, so
as to give it any binding weight with the courts. A legislative definition of a word as used in a statute is not
conclusive of its meaning as used elsewhere; otherwise, the legislature would be usurping a judicial
function in defining a term. The reason behind the exemption in the Constitution, as interpreted by the
United States Federal Supreme Court and this Court, is to preserve the independence of the Judiciary,
not only of this High Tribunal but of the other courts, whose present membership number more than 990
judicial officials. The independence of the judges is of far greater importance than any revenue that could
come from taxing their salaries.
In conclusion we reiterate the doctrine laid down in the case of Perfecto vs. Meer, supra, to the effect that
the collection of income tax on the salary of a judicial officer is a diminution thereof and so violates the
Constitution. We further hold that the interpretation and application of the Constitution and of statutes is
within the exclusive province and jurisdiction of the judicial department, and that in enacting a law, the
Legislature may not legally provide therein that it be interpreted in such a way that it may not violate a
Constitutional prohibition, thereby tying the hands of the courts in their task of later interpreting said
statute, especially when the interpretation sought and provided in said statute runs counter to a previous
interpretation already given in a case by the highest court of the land.
FACTS: Petitioner Jose Angara was proclaimed winner and took his oath of office as member of the
National Assembly of the Commonwealth Government. On December 3, 1935, the National Assembly
passed a resolution confirming the election of those who have not been subject of an election protest
prior to the adoption of the said resolution.
On December 8, 1935, however, private respondent Pedro Ynsua filed an election protest against the
petitioner before the Electoral Commission of the National Assembly. The following day, December 9,
1935, the Electoral Commission adopted its own resolution providing that it will not consider any election
protest that was not submitted on or before December 9, 1935.
Citing among others the earlier resolution of the National Assembly, the petitioner sought the dismissal of
respondent’s protest. The Electoral Commission however denied his motion.
ISSUES:
1. Does the SC has jurisdiction over the ELECOM and the controversy?
HELD:
1. YES. The SC has jurisdiction over the ELECOM: separation of powers granted by Consti (through
separate articles for each branch) but check and balances maintain coordination among the branches.
When there are conflicts between the boundaries of powers and functions of each branch, the Judiciary
has the power to review and resolve these conflicts through Judicial Review (referred to as Judicial
Supremacy). This however is limited to actual cases and controversies.
Judicial supremacy is but the power of judicial review in actual and appropriate cases and controversies,
and is the power and duty to see that no one branch or agency of the government transcends the
Constitution, which is the source of all authority.
2. YES. ELECOM acted within its jurisdiction since ELECOM is recognized as an independent quasi-
judicial body which is not an inferior tribunal, or corporation, board, or person, and is granted the powers
to be the sole judge of all contests relating to the election, returns and qualifications of members of the
NA. The present constitution granted the ELECOM with all the powers exercised by the legislature
relating to the said function of ELECOM, and this includes the regulation of the rules and procedures of
election protests. The confirmation of NA of its members is not required and does not limit the ELECOM
of its power to fix dates for election protest, or else this would undermine the power and functions of the
ELECOM.
5. MARCOS vs MANGLAPUS
FACTS:
Issue: WON President’s factual determination ereby tying the hands of the courts in their task of later
interpreting said statute, especially when the interpretation sought and provided in said statute runs
counter to a previous interpretation already given in a case by the highest court of the land.
5. MARCOS vs MANGLAPUS
8. DAVID vs ARROYO
required to deduct and to remit such contributions shall be liable for their payment and if any
contribution is not paid to the SSS as herein prescribed, he shall pay besides the contribution a
penalty thereon of three percent (3%) per month from the date the contribution falls due until paid. If
deemed expedient and advisable by the Commission, the collection and remittance of contributions
shall be made quarterly or semi-annually in advance, the contributions payable by the employees to
be advanced by their respective employers: Provided, That upon separation of an employee, any
contribution so paid in advance but not due shall be credited or refunded to his employer.
Under Section 22 (a), every employer is required to deduct and remit such contributions penalty refers to
the 3% penalty that automatically attaches to the delayed SSS premium contributions.
The spirit, rather than the letter of a law determines construction of a provision of law. It is a cardinal rule
in statutory construction that in interpreting the meaning and scope of a term used in the law, a careful
review of the whole law involved, as well as the intendment ted in the manner prescribed by the said
Rules. An electronic document is also the equivalent of an original document under the Best Evidence
Rule, if it is a printout or output readable by sight or other means, shown to reflect the data accurately.
In an ordinary facsimile transmission, there exists an original paper-based information or data that is
scanned, sent through a phone line, and re-printed at the receiving end. Be it noted that in enacting the
Electronic Commerce Act of 2000, Congress intended virtual or paperless writings to be
the functional equivalent and to have the same legal function as paper-based documents. Further, in a
virtual or paperless environment, technically, there is no original copy to speak of, as all direct printouts of
the virtual reality are the same, in all respects, and are considered as originals. Ineluctably, the law's
definition of "electronic data message," which, as aforesaid, is interchangeable with "electronic
document," could not have included facsimile transmissions, which have an original paper-based copy as
sent and a paper-based facsimile copy as received. These two copies are distinct from each other, and
have different legal effects. While Congress anticipated future developments in communications and
computer technology when it drafted the law, it excluded the early forms of technology, like telegraph,
telex and telecopy (except computer-generated faxes, which is a newer development as compared to the
ordinary fax machine to fax machine transmission), when it defined the term "electronic data
message."We, therefore, conclude that the terms "electronic data message" and "electronic document,"
as defined under the Electronic Commerce Act of 2000, do not include a facsimile transmission.
Accordingly, a facsimile transmission cannot be considered as electronic evidence. It is not the functional
equivalent of an original under the Best Evidence Rule and is not admissible
of the former Rules of Court provided:
How to compute ti
lature sometimes adopts rules of statutory construction as part of the provisions of the statute: - see
examples page 49-50
Legislature also defines to ascertain the meaning of vague, broad words/ terms
The Constitutional Assembly must have known that a corporation sole is:
1. composed of only one persons, usually the head or bishop of the diocese, a unit which is not
subject to expansion for the purpose of determining any percentage whatsoever
2. only the administrator and not the owner of the temporalities located in the territory comprised by
said corporation sole and such temporalities are administered for and on behalf of the faithful
residing in the diocese or territory of the corporation sole
3. has no nationality and the citizenship of the incumbent and ordinary has nothing to do with the
operation, management or administration of the corporation sole, nor effects the citizenship of the
faithful connected with their respective dioceses or corporation sole.
In view of these peculiarities of the corporation sole, it would seem obvious that when the specific
provision of the Constitution invoked by respondent Commissioner (section 1, Art. XIII), was under
consideration, the framers of the same did not have in mind or overlooked this particular form of
corporation. If this were so, as the facts and circumstances already indicated tend to prove it to be so,
then the inescapable conclusion would be that this requirement of at least 60 per cent of Filipino capital
was never intended to apply to corporations sole.
B. PURPOSE OF CONSTRUCTION
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
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Act No. 3135 a foreclosure petition of the mortgaged lots. The lots were
sold or auctioned off with PNB as the highest bidder. A Final Deed of Sale
and a Certificate of Sale was executed in favor of the petitioner. The final
Deed of Sale was registered in Registry of Property. Inasmuch as the
respondent did not buy back the lots from PNB, PNB sold on the same in a
"Deed of Conditional Sale". The Notices of Sale of foreclosed properties
were published on March 28, April 11 and April 12, 1969 in a newspaper.
The CFI rendered its Decision; the complaint against the petitioner was
dismissed.
Issue:
Ruling:
No. The first date falls on a Friday while the second and third dates are on
a Friday and Saturday, respectively. Section 3 of Act No. 3135 requires that
the notice of auction sale shall be "published once a week for at least three
consecutive weeks". Evidently, petitioner bank failed to comply with this
legal requirement. The Supreme Court held that:
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
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CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
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Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
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CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of
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