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5.) Under Article XII Section 17 of the 1987 Philippine Constitution, in times of Videogram(s) establishments collectively earn around P600 Million per annum from
national emergency, when the public interest so requires, the President may rentals, sales and disposition of videograms, and these earnings have not been
temporarily take over a privately owned public utility or business affected with subjected to tax, thereby depriving the Government of approximately P180 Million
public interest only if there is congressional authority or approval. There must in taxes each year.
enactment of appropriate legislation prescribing the terms and conditions under
The unregulated activities of videogram establishments have also affected the
which the President may exercise the powers that will serves as the best assurance
viability of the movie industry.
that due process of law would be observed.
Issues:
Tio vs Videogram regulatory board
(1) Whether or not tax imposed by the DECREE is a valid exercise of police power.
The case is a petition filed by petitioner on behalf of videogram operators adversely
affected by Presidential Decree No. 1987, “An Act Creating the Videogram (2) Whether or nor the DECREE is constitutional.
Regulatory Board" with broad powers to regulate and supervise the videogram
industry. Held: Taxation has been made the implement of the state's police power. The levy
of the 30% tax is for a public purpose. It was imposed primarily to answer the need
A month after the promulgation of the said Presidential Decree, the amended the for regulating the video industry, particularly because of the rampant film piracy,
National Internal Revenue Code provided that: the flagrant violation of intellectual property rights, and the proliferation of
pornographic video tapes. And while it was also an objective of the DECREE to
"SEC. 134. Video Tapes. — There shall be collected on each processed video-tape
protect the movie industry, the tax remains a valid imposition.
cassette, ready for playback, regardless of length, an annual tax of five pesos;
Provided, That locally manufactured or imported blank video tapes shall be subject We find no clear violation of the Constitution which would justify us in pronouncing
to sales tax." Presidential Decree No. 1987 as unconstitutional and void. While the underlying
objective of the DECREE is to protect the moribund movie industry, there is no
"Section 10. Tax on Sale, Lease or Disposition of Videograms. — Notwithstanding
question that public welfare is at bottom of its enactment, considering "the unfair
any provision of law to the contrary, the province shall collect a tax of thirty percent
competition posed by rampant film piracy; the erosion of the moral fiber of the
(30%) of the purchase price or rental rate, as the case may be, for every sale, lease
viewing public brought about by the availability of unclassified and unreviewed
or disposition of a videogram containing a reproduction of any motion picture or
video tapes containing pornographic films and films with brutally violent sequences;
audiovisual program.”
and losses in government revenues due to the drop in theatrical attendance, not to
“Fifty percent (50%) of the proceeds of the tax collected shall accrue to the mention the fact that the activities of video establishments are virtually untaxed
province, and the other fifty percent (50%) shall accrue to the municipality where since mere payment of Mayor's permit and municipal license fees are required to
engage in business."
WHEREFORE, the instant Petition is hereby dismissed. No costs. "3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases
originally decided or resolved by them in the exercise of their original or appellate
BP blg 129 Section 9
jurisdiction;
Jurisdiction. – The Court of Appeals shall Exercise:
"4. Decisions of the Commissioner of Customs in cases involving liability for customs
1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas duties, fees or other money charges, seizure, detention or release of property
corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of affected, fines, forfeitures or other penalties in relation thereto, or other matters
its appellate jurisdiction; arising under the Customs Law or other laws administered by the Bureau of
Customs;
2. Exclusive original jurisdiction over actions for annulment of judgements of
Regional Trial Courts; and "5. Decisions of the Central Board of Assessment Appeals in the exercise of its
appellate jurisdiction over cases involving the assessment and taxation of real
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or property originally decided by the provincial or city board of assessment appeals;
awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities,
boards or commission, including the Securities and Exchange Commission, the "6. Decisions of the Secretary of Finance on customs cases elevated to him
Social Security Commission, the Employees Compensation Commission and the Civil automatically for review from decisions of the Commissioner of Customs which are
Service Commission, Except those falling within the appellate jurisdiction of the adverse to the Government under Section 2315 of the Tariff and Customs Code;
Supreme Court in accordance with the Constitution, the Labor Code of the
"7. Decisions of the Secretary of Trade and Industry, in the case of nonagricultural
Philippines under Presidential Decree No. 442, as amended, the provisions of this
product, commodity or article, and the Secretary of Agriculture in the case of
Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the
agricultural product, commodity or article, involving dumping and countervailing
fourth paragraph od Section 17 of the Judiciary Act of 1948.
duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and
RA 9282 safeguard measures under Republic Act No. 8800, where either party may appeal
the decision to impose or not to impose said duties.
Section 7. Section 7 of the same Act is hereby amended to read as follows:
"b. Jurisdiction over cases involving criminal offenses as herein provided:
"Sec. 7. Jurisdiction. - The CTA shall exercise:
"1. Exclusive original jurisdiction over all criminal offenses arising from violations of
"a. Exclusive appellate jurisdiction to review by appeal, as herein provided: the National Internal Revenue Code or Tariff and Customs Code and other laws
administered by the Bureau of Internal Revenue or the Bureau of Customs:
"1. Decisions of the Commissioner of Internal Revenue in cases involving disputed
Provided, however, That offenses or felonies mentioned in this paragraph where
assessments, refunds of internal revenue taxes, fees or other charges, penalties in
the principal amount o taxes and fees, exclusive of charges and penalties, claimed is
relation thereto, or other matters arising under the National Internal Revenue or
less than One million pesos (P1,000,000.00) or where there is no specified amount
other laws administered by the Bureau of Internal Revenue;
claimed shall be tried by the regular Courts and the jurisdiction of the CTA shall be
appellate. Any provision of law or the Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding civil action for the
"2. Inaction by the Commissioner of Internal Revenue in cases involving disputed recovery of civil liability for taxes and penalties shall at all times be simultaneously
assessments, refunds of internal revenue taxes, fees or other charges, penalties in instituted with, and jointly determined in the same proceeding by the CTA, the filing
relations thereto, or other matters arising under the National Internal Revenue of the criminal action being deemed to necessarily carry with it the filing of the civil
Code or other laws administered by the Bureau of Internal Revenue, where the action, and no right to reserve the filling of such civil action separately from the
National Internal Revenue Code provides a specific period of action, in which case criminal action will be recognized.
the inaction shall be deemed a denial;
"2. Exclusive appellate jurisdiction in criminal offenses:
"a. Over appeals from the judgments, resolutions or orders of the Regional Trial that the EC can take cognizance of the election protest and that the EC cannot be
Courts in tax cases originally decided by them, in their respected territorial subject to a writ of prohibition from the SC.
jurisdiction.
ISSUES: Whether or not the SC has jurisdiction over such matter.
"b. Over petitions for review of the judgments, resolutions or orders of the Regional
Whether or not EC acted without or in excess of jurisdiction in taking cognizance of
Trial Courts in the exercise of their appellate jurisdiction over tax cases originally
the election protest.
decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in their respective jurisdiction. HELD: The SC ruled in favor of Angara. The SC emphasized that in cases of conflict
between the several departments and among the agencies thereof, the judiciary,
"c. Jurisdiction over tax collection cases as herein provided:
with the SC as the final arbiter, is the only constitutional mechanism devised finally
"1. Exclusive original jurisdiction in tax collection cases involving final and executory to resolve the conflict and allocate constitutional boundaries.
assessments for taxes, fees, charges and penalties: Provided, however, That
That judicial supremacy is but the power of judicial review in actual and appropriate
collection cases where the principal amount of taxes and fees, exclusive of charges
cases and controversies, and is the power and duty to see that no one branch or
and penalties, claimed is less than One million pesos (P1,000,000.00) shall be tried
agency of the government transcends the Constitution, which is the source of all
by the proper Municipal Trial Court, Metropolitan Trial Court and Regional Trial
authority.
Court.
That the Electoral Commission is an independent constitutional creation with
"2. Exclusive appellate jurisdiction in tax collection cases:
specific powers and functions to execute and perform, closer for purposes of
"a. Over appeals from the judgments, resolutions or orders of the Regional Trial classification to the legislative than to any of the other two departments of the
Courts in tax collection cases originally decided by them, in their respective government.
territorial jurisdiction.
That the Electoral Commission is the sole judge of all contests relating to the
"b. Over petitions for review of the judgments, resolutions or orders of the Regional election, returns and qualifications of members of the National Assembly.
Trial Courts in the Exercise of their appellate jurisdiction over tax collection cases
Tanada Vs Tuvera
originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts, in their respective jurisdiction." Article 2 of the civil code ensures the constitutional right to due process and to
information
Angara vs comelec
So what we have here is the due process was invoked by the petitioners to demand
In the elections of Sept 17, 1935, Angara, and the respondents, Pedro Ynsua et al.
the disclosure of a number of PDs which they claimed had not been published in the
were candidates voted for the position of member of the National Assembly for the
OG as required by law.
first district of the Province of Tayabas. On Oct 7, 1935, Angara was proclaimed as
member-elect of the NA for the said district. On November 15, 1935, he took his The government then argued that while it is true that there is a necessity for the
oath of office. On Dec 3, 1935, the NA in session assembled, passed Resolution No. publication of laws, it was not so when it was “otherwise provided”, since the
8 confirming the election of the members of the National Assembly against whom decrees themselves declared that they were to become effective immediately upon
no protest had thus far been filed. On Dec 8, 1935, Ynsua, filed before the Electoral their approval.
Commission a “Motion of Protest” against the election of Angara. On Dec 9, 1935,
the EC adopted a resolution, par. 6 of which fixed said date as the last day for the The Court then ordered the respondents to publish to the OG all unpublished PDs
filing of protests against the election, returns and qualifications of members of the which are of
NA, notwithstanding the previous confirmation made by the NA. Angara filed a
1. General Application
Motion to Dismiss arguing that by virtue of the NA proclamation, Ynsua can no
longer protest. Ynsua argued back by claiming that EC proclamation governs and
Now, the petitioners filed a move for clarification/reconsideration of that decision, Other regulations that only affect the internal operations of a particular institution
asking the or organization need not be published, as long as it does not necessarily affect the
public interest directly.
1.) What is meany by “general applicability”?
The court also opined that the publication need not be made in the Official Gazette
2.) Must there be a distinction made between laws of general applicability and
considering its erratic releases and limited readership. Considering also that
those which are not?
newspapers of general circulation would expedite the dissemination of information
3.) What is meant by Publication with regards to new statutes, this, however, is not within the boundaries of the
judiciary, and only the legislative can it make it.
4.) What and where is the publication to be made?
Wherefore, it is hereby declared that all laws shall be published in full in the OG, to
Now, the petitioners argue that there should be no distinction between laws of become effective only 15 days from their publication, or in any date specified by the
general applicability and those that are not; legislature.
After a careful study of the provision in the CC and of the arguments made by the Honasan II v. The panel of investigating prosecutors of the department of Justice
parties, the court holds that the clause “unless otherwise provided” refers to the
date of effectivity and not the requirement of publication itself. Facts:
However, this does not mean that the legislature can make a law effective Senator Gringo Honasan was charged with the crime of coup d’etat before DOJ. ,
immediately upon approval without its publication Capt. Gerardo Gambala, for and in behalf of the military rebels occupying Oakwood,
made a public statement aired on nation television, stating their withdrawal of
BUT the legislature in its discretion provide that the 15 day period be support to the chain of command of the AFP and the Government of President
shortened or extended Gloria Macapagal Arroyo and they are willing to risk their lives in order to achieve
the National Recovery Agenda of Sen. Honasan, which they believe is the only
Surely it is not within the intent of laws to deny the public knowledge of such laws
program that would solve the ills of society. Subpoena was issued for preliminary
that govern them, otherwise it would prejudice the people who are supposed to
investigation.
know the law.
Petitioner filed a Motion for Clarification questioning DOJ's jurisdiction over the
They furthered that the term “laws” should refer to all laws and not merely for
case, asserting that since the imputed acts were committed in relation to his public
general application, for all laws relate to the people one way or another. As long as
office, it is the Office of the Ombudsman, not the DOJ, that has the jurisdiction to
the law affects the public interest, even if it might only affect one person, then it
conduct the corresponding preliminary investigation; that should the charge be
should still follow what is prescribed in Art.2
filed in court, it is the Sandiganbayan, not the regular courts, that can legally take
The court therefore holds that all statues, including those of local application and cognizance of the case considering that he belongs to the group of public officials
private laws shall be published as a condition for their effectivity, which shall begin with Salary Grade 31.
15 days of its publication unless a different date is fixed by the legislature
He is directed to file a counter-affidavit, but instead Senator Gregorio B. Honasan II
This includes: filed the herein petition for certiorari under Rule 65 of the Rules of Court against
the DOJ Panel and its members, CIDG-PNP-P/Director Eduardo Matillano and
1.) PDs, Eos Ombudsman Simeon V. Marcelo, attributing grave abuse of discretion on the part of
2.) Administrative rules and regulations must also be published if their the DOJ Panel in issuing the aforequoted Order on the ground that the DOJ has no
purpose is to enforece or implement existing laws jurisdiction to conduct the preliminary investigation.
REASONING: HELD: No. The Supreme Court ruled that the change of such entries finds no
support in existing legislation.
At the time of the foreclosure sale issue, the prevailing jurisprudence was still the
Monge case, hence, it is the doctrine that should be applied in the case at bar. Issue on the change of first name
However, the respondent court applied the rulings in Belisario case in 1988 thereby
In 2001, Republic Act 9048 (AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL
rendering a decision in favor of the private respondent. But the Supreme Court
REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL
sustained the claims of the petitioners. The Court said that though they are bound
ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL
by decisions pursuant to Article 8 of the Civil Code, the Court also stressed that:
REGISTER WITHOUT NEED OF A JUDICIAL ORDER) was passed. This law provides that
“while our decisions form part of the law of the land, they are also subject to Article
it should be the local civil registrar that has jurisdiction in petitions for the change of
4 of the Civil Code which states that “laws shall have no retroactive effect unless the
first names and not the regular courts. Hence, the petition of Silverio insofar as his
contrary is provided””. Moreover, the Court emphasized that “when a doctrine of
first name is concerned is procedurally infirm. Even assuming that the petition filed
this Court is overruled and a different view is adopted, the new doctrine should be
properly, it cannot be granted still because the ground upon which it is
applied prospectively xxx.” Therefore, respondents cannot rely on the Belisario
based(gender re-assignment) is not one of those provided for by the law. Under the
ruling because it should be applied prospectively and not the contrary. CA erred in
law, a change of name may only be grounded on the following:
its decision regarding this case. Wherefore, such decision was reversed and set
aside. (1) The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce;
Silverio vs RP
(2) The new first name or nickname has been habitually and continuously used by
Rommel Jacinto Dantes Silverio is a male transsexual. He’s a biological male who
the petitioner and he has been publicly known by that first name or nickname in the
feels trapped in a male body. Being that, he sought gender re-assignment in
community; or
Bangkok, Thailand. The procedure was successful – he (she) now has a female body.
Thereafter, in 2002, he filed a petition for the change of his first name (from (3) The change will avoid confusion.
Rommel to Mely) and his sex (male to female) in his birth certificate. He filed the
petition before the Manila RTC. He wanted to make these changes, among others, Unfortunately, Silverio did not allege any of the above, he merely alleged gender re-
so that he can marry his American fiancé. assignment as the basis.
The RTC granted Silverio’s petition. The RTC ruled that it should be granted based Issue on the change of sex
on equity; that Silverio’s misfortune to be trapped in a man’s body is not his own
This entry cannot be changed either via a petition before the regular courts or a
doing and should not be in any way taken against him; that there was no opposition
petition for the local civil registry. Not with the courts because there is no law to
to his petition (even the OSG did not make any basis for opposition at this point);
support it. And not with the civil registry because there is no clerical error involved.
that no harm, injury or prejudice will be caused to anybody or the community in
Silverio was born a male hence it was just but right that the entry written in his
granting the petition. On the contrary, granting the petition would bring the much-
birth certificate is that he is a male. The sex of a person is determined at birth,
awaited happiness on the part of Silverio and [her] fiancé and the realization of
visually done by the birth attendant (the physician or midwife) by examining the
their dreams.
genitals of the infant. Considering that there is no law legally recognizing sex
reassignment, the determination of a person’s sex made at the time of his or her 3. His compulsive gambling habit, as a result of which Benjamin found it necessary
birth, if not attended by error, is immutable. to sell the family car twice and the property he inherited from his father in order to
pay off his debts, because he no longer had money to pay the same; and
But what about equity, as ruled by the RTC?
4. Benjamin’s irresponsibility and immaturity as shown by his failure and refusal to
No. According to the SC, this amounts to judicial legislation. To grant the changes
give regular financial support to his family.24
sought by Silverio will substantially reconfigure and greatly alter the laws on
marriage and family relations. It will allow the union of a man with another man In his answer, Benjamin denied being psychologically incapacitated. He maintained
who has undergone sex reassignment (a male-to-female post-operative that he is a respectable person, as his peers would confirm. He also pointed out that
transsexual). Second, there are various laws which apply particularly to women such it was he who often comforted and took care of their children, while Carmen played
as the provisions of the Labor Code on employment of women, certain felonies mahjong with her friends twice a week. Both presented expert witnesses
under the Revised Penal Code and the presumption of survivorship in case of (psychiatrist) to refute each others claim.
calamities under Rule 131 of the Rules of Court, among others. These laws
RTC ruled in favor of the respondent declaring the marriage null and void.
underscore the public policy in relation to women which could be substantially
affected if Silverio’s petition were to be granted. Petitioner appealed to the CA. CA reversed RTC’s decision. Respondent filed a
motion for reconsideration, arguing that the Molina guidelines should not be
But the SC emphasized: “If the legislature intends to confer on a person who has
applied to this case since the Molina decision was promulgated only on February
undergone sex reassignment the privilege to change his name and sex to conform
13, 1997, or more than five years after she had filed her petition with the RTC. On
with his reassigned sex, it has to enact legislation laying down the guidelines in turn
review, the CA decided to reconsider its previous ruling, reversing its first ruling and
governing the conferment of that privilege.”
sustaining the trial court’s decision. Petitioner filed MR-denied.
Re: Resolution Granting Automatic Permanent Total Disability benefits to heirs of
Hence, this petition.
justices and judges who die in actual service.
ISSUE:
Ting V. Velez-ting
Whether the CA violated the rule on stare decisis when it refused to follow the
Petitioner Benjamin Ting and respondent Carmen Velez-Ting first met in 1972 while
guidelines set forth under the Santos and Molina cases
they were classmates in medical school. They fell in love, and they were wed on July
26, 1975. The couple begot six (6) children. DECISION:
On October 21, 1993, after being married for more than 18 years, Carmen filed a NO. The principle of stare decisis enjoins adherence by lower courts to doctrinal
petition before the RTC for the declaration of nullity of their marriage based on rules established by this Court in its final decisions. It is based on the principle that
Article 36 of the Family Code. She claimed that Benjamin suffered from once a question of law has been examined and decided, it should be deemed
psychological incapacity even at the time of the celebration of their marriage, settled and closed to further argument. Basically, it is a bar to any attempt to
which, however, only became manifest thereafter. relitigate the same issues, necessary for two simple reasons: economy and stability.
In our jurisdiction, the principle is entrenched in Article 8 of the Civil Code.
Carmen’s allegations of Benjamin’s psychological incapacity consisted of the
following manifestations: The latin phrase stare decisis et non quieta movere means "stand by the thing and
do not disturb the calm."
1. Benjamin’s alcoholism, which adversely affected his family relationship and his
profession; Two strains of stare decisis have been isolated by legal scholars. The first, known as
vertical stare decisis deals with the duty of lower courts to apply the decisions of
2. Benjamin’s violent nature brought about by his excessive and regular drinking;
the higher courts to cases involving the same facts. The second, known as horizontal
stare decisis requires that high courts must follow its own precedents. Prof.
Consovoy correctly observes that vertical stare decisis has been viewed as an Castro v. JBC
obligation, while horizontal stare decisis, has been viewed as a policy, imposing
FACTS:
choice but not a command. Indeed, stare decisis is not one of the precepts set in
stone in our Constitution. This is a consolidated case regarding the appointment of President Gloria
Macapagal-Arroyo to Associate Justice Renato Corona as Chief Justice of the
It is also instructive to distinguish the two kinds of horizontal stare decisis —
Supreme Court.
constitutional stare decisis and statutory stare decisis. Constitutional stare decisis
involves judicial interpretations of the Constitution while statutory stare decisis All the petitions to the Court pose as the principal legal question whether the
involves interpretations of statutes. The distinction is important for courts enjoy incumbent President can appoint the successor of Chief Justice Puno upon his
more flexibility in refusing to apply stare decisis in constitutional litigations. retirement. The question is undoubtedly impressed with transcendental importance
to the nation because the appointment of the Chief Justice is any President’s most
In general, courts follow the stare decisis rule for an ensemble of reasons, viz.: (1) it
important appointment. The conflicting provisions are Art. VII, Sec. 15 and Art. VIII,
legitimizes judicial institutions; (2) it promotes judicial economy; and, (3) it allows
Sec. 9.
for predictability. Contrariwise, courts refuse to be bound by the stare decisis rule
where (1) its application perpetuates illegitimate and unconstitutional holdings; (2) CONSIDERING, ART. VII, UNDER EXECUTIVE DEPARTMENT,
it cannot accommodate changing social and political understandings; (3) it leaves
the power to overturn bad constitutional law solely in the hands of Congress; and, ART. VII, SEC. 15. TWO MONTHS IMMEDIATELY BEFORE THE NEXT PRESIDENTIAL
(4) activist judges can dictate the policy for future courts while judges that respect ELECTIONS AND UP TO THE END OF HIS TERM, A PRESIDENT OR ACTING PRESIDENT
stare decisis are stuck agreeing with them. SHALL NOT MAKE APPOINTMENTS, EXCEPT TEMPORARY APPOINTMENTS TO
EXECUTIVE POSITIONS WHEN CONTINUED VACANCIES THEREIN WILL PREJUDICE
The leading case in deciding whether a court should follow the stare decisis rule in PUBLIC SERVICE OR ENDANGER PUBLIC SAFETY.
constitutional litigations is Planned Parenthood v. Casey. It established a 4-pronged
test. The court should (1) determine whether the rule has proved to be intolerable IN RELATION TO ART. VIII, UNDER JUDICIAL DEPARTMENT,
simply in defying practical workability; (2) consider whether the rule is subject to a
ART. VIII, SEC. 9. THE MEMBERS OF THE SUPREME COURT AND JUDGES OF THE
kind of reliance that would lend a special hardship to the consequences of
LOWER COURTS SHALL BE APPOINTED BY THE PRESIDENT FROM A LIST OF AT LEAST
overruling and add inequity to the cost of repudiation; (3) determine whether
THREE NOMINEES PREPARED BY THE JUDICIAL AND BAR COUNCIL FOR EVERY
related principles of law have so far developed as to have the old rule no more than
VACANCY. SUCH APPOINTMENTS NEED NO CONFIRMATION.
a remnant of an abandoned doctrine; and, (4) find out whether facts have so
changed or come to be seen differently, as to have robbed the old rule of significant FOR THE LOWER COURTS, THE PRESIDENT SHALL ISSUE THE APPOINTMENTS
application or justification. WITHIN NINETY DAYS FROM THE SUBMISSION OF THE LIST.
Rspondent’s argument that the doctrinal guidelines prescribed in Santos and Molina ISSUE:
should not be applied retroactively for being contrary to the principle of stare
decisis is no longer new. The same argument was also raised but was struck down in Whether the prohibition against presidential appointments under Art. VII, Sec. 15
Pesca v. Pesca, and again in Antonio v. Reyes. In these cases, we explained that the (Midnight Appointment Ban), does not extend to appointments in the Judiciary.
interpretation or construction of a law by courts constitutes a part of the law as of HELD:
the date the statute is enacted. It is only when a prior ruling of this Court is
overruled, and a different view is adopted, that the new doctrine may have to be
applied prospectively in favor of parties who have relied on the old doctrine and
Prohibition under Art. VII, Sec.15 does not apply to appointments to fill a vacancy in
have acted in good faith, in accordance therewith under the familiar rule of "lex
the Supreme Court or to other appointments to the Judiciary.
prospicit, non respicit" (The law looks forward, not backward).
Obra vs sps Badua The trial court, by issuing its Order directing petitioner to remove the fence that
limited respondents’ passage, effectively created a right-of-way on petitioner’s
The case arose from a Complaint for Easement of Right-of-Way filed by respondents
property in favor of respondents allegedly on the basis of a voluntary agreement
Badua, et al against petitioners Anacleto and Resurreccion Obra, Donato and
between the parties. This directive was in contravention of its July 7, 2000 Decision;
Lucena Bucasas, and Paulino and Crisanta Badua. Respondents alleged that their
thus, it was null and void for having been issued outside of the court’s jurisdiction.
residential houses, erected on a lot commonly owned by them were located west of
the properties of the petitioners Obras, Bucasases, and Baduas. Their only access to More so, since a right-of-way is an interest in the land, any agreement creating it
the national highway was a pathway traversing the northern portion of petitioner’s should be drawn and executed with the same formalities as a deed to a real estate,
and ordinarily must be in writing.16 No written instrument on this agreement was (except for Arregadas who was a DENR ee but not part of the team and wasn’t
adduced by respondents. even there.)
Office of the Ombudsman v Court of Appeals CA: affirmed Omb finding that they were guilty of simple misconduct but Omb
committed GAD in ordering their suspension. Omb does not have power to suspend
Ombudsman v CA accdg to Tapiador v. Office of the Ombudsman. Ombudsman’s power is limited only
G.R. No. 160675 June 16, 2006
CALLEJO, SR., GD to the recommendation of the penalty of removal, suspension, demotion, fine,
J. censure, or prosecution of a public officer or employee found to be at fault.
petitioners OFFICE OF THE OMBUDSMAN
Ano bang sabi sa Tapiador?
respondents COURT OF APPEALS (Sixteenth Division) and
NICOMEDES ARMILLA, DELIA BATASIN-IN, JAMES Besides, assuming arguendo, that petitioner were administratively liable, the
FUENTES, OSCAR GADOR, SANTOS GUIGAYOMA, JR., Ombudsman has no authority to directly dismiss the petitioner from the
CLARITO MIÑOZA, ERNESTO NARAJA, NELSON government service, more particularly from his position in the BID. Under Section
OBESO,* SENEN SERIÑO, and MARTIN YASE
13, subparagraph 3, of Article XI of the 1987 Constitution, the Ombudsman can only
summary DENR entered a property to survey it. The owner of "recommend" the removal of the public official or employee found to be at fault, to
the property filed a trespassing case with the Omb. the public official concerned.
Omb also treated it as an admin case. DENR
explained that they were ordered by the RTC to take issue
a survey in relation to a pending civil case. Trespass
WON Omb. has the power to suspend. YES
case dismissed but found guilty of simple
misconduct. Suspend for a month. CA agreed that ratio
they were guilty of simple misconduct but ruled that
Ledesma v. Court of Appeals: the Court categorically pronounced that the
Omb can’t suspend people. Their power is merely
statement in Tapiador on the Ombudsman’s power "is, at best, merely an obiter
recommendatory. SC said that Omb can suspend and
dictum" and, as such, "cannot be cited as a doctrinal declaration of the Supreme
pointed out to several provisions and deliberations.
Court."
All these provisions in Republic Act No. 6770 taken together reveal the manifest
intent of the lawmakers to bestow on the Office of the Ombudsman full
administrative disciplinary authority.
SC made reference to the Senate delibs of RA 6770. There was an issue on whether
or not the Omb should have disciplinary powers because in the Consti enumeration
eh puro “direct” lang ung nakalagat, implying recommendatory powers only.
Sen. Angara explained that the grant of disciplinary power is something that the
Constitution does not forbid. The disciplinary power is necessary to achieving that
objective of making an effective Ombudsman. (sana ginawa rin nila ito para sa CHR)
The legislative history of Republic Act No. 6770 thus bears out the conclusion that
the Office of the Ombudsman was intended to possess full administrative
disciplinary authority, including the power to impose the penalty of removal,
suspension, demotion, fine, censure, or prosecution of a public officer or employee
found to be at fault. The lawmakers envisioned the Office of the Ombudsman to be
"an activist watchman," not merely a passive one.
Clearly, the Philippine Ombudsman departs from the classical Ombudsman model
whose function is merely to receive and process the people’s complaints against
corrupt and abusive government personnel. The Philippine Ombudsman, as
protector of the people, is armed with the power to prosecute erring public officers
and employees, giving him an active role in the enforcement of laws on anti-graft
and corrupt practices and such other offenses that may be committed by such
officers and employees. The legislature has vested him with broad powers to enable
him to implement his own actions.