Category Archives: Digests

Creation of ARMM’s Shariff Kabunsuan province is invalid

The Supreme Court Justices, according to Chief Justice Reynato Puno (thru PDI), “are aware of of how their decision on a deal expanding the Bangsamoro territory would impact on the volatile situation in Mindanao.” This may be particularly true considering that just last month, the SC also declared that the creation of a new province in the ARMM – Shariff Kabunsuan – is unconstitutional. Here’s the digest of that case — Bai Sandra Sema vs. COMELEC and Didagen Dilangalen, G.R. No. 177597, 16 July 2008. Continue reading

People vs. Claudio Teehankee, Jr. (Case Digest)

(This is a digest of People vs. Claudio Teehankee, Jr., G.R. Nos. 111206-08, 6 October 1995)

The facts:

In 1991, Jussi Olavi Leino was taking Maureen Hultman to her home at Campanilla Street, Dasmarinas Village, Makati. Roland John Chapman went with them. When they entered the village, Maureen asked Leino to stop about a block away from her house, as she wanted to walk the rest of the way for she did not want her parents to know that she was going home that late. Leino offered to walk with her while Chapman stayed in the car and listened to the radio. Continue reading

Duty of mayors to enforce laws and ordinances (case digest)

(Social Justice Society, et al. vs. Atienza, Jr., G.R. No. 156052, 7 March 2007; Corona, J.; First Division) – Digest

Facts: On November 20, 2001, the Sangguniang Panlungsod of Manila enacted Ordinance No. 8027, which ordinance became effective on December 28, 2001, after its publication. Ordinance No. 8027 reclassified the area described therein from industrial to commercial and directed the owners and operators of businesses disallowed under Section 1 to cease and desist from operating their businesses within six months from the date of effectivity of the ordinance. Among the businesses situated in the area are the so-called Pandacan Terminals of the oil companies Caltex, Petron and Shell. Continue reading

Withdrawal of Exemptions to Pay Local Taxes: The TELCO Cases

SC newsflash: SC Holds DIGITEL Accountable to Pangasinan for Local Taxes. The Supreme Court recently found Digital Telecommunications Philippines, Inc. (DIGITEL) liable to the Province of Pangasinan for the payment of provincial franchise and real property taxes. The SC affirmed the ruling of the lower court that the tax exemption in Republic Act (“R.A.”) No. 7925, the Public Telecommunications Policy Act of the Philippines, stating that any advantage, favor, privilege, exemption, or immunity granted under existing franchises, or may hereafter be granted, shall be made part of previously enacted franchises and made automatically applicable to the grantees thereof, does not work to exempt DIGITEL from payment of provincial franchise and real property taxes.

Unfortunately, as of this writing, the decision in that case (GR No. 152534, Digital Telecommunications Philippines, Inc. v. Province of Pangasinan, 23 February 2007) is not yet posted at the SC website. So, let’s discuss the case cited in that DIGITEL decision – PLDT vs. City of Davao, et al. Continue reading

Lambino, et al. vs. COMELEC (G.R. No. 174153, 25 October 2006) – Digest

On 15 February 2006, the group of Raul Lambino and Erico Aumentado (“Lambino Group”) commenced gathering signatures for an initiative petition to change the 1987 Constitution. On 25 August 2006, the Lambino Group filed a petition with the Commission on Elections (COMELEC) to hold a plebiscite that will ratify their initiative petition under Section 5(b) and (c) and Section 7 of Republic Act No. 6735 or the Initiative and Referendum Act. The proposed changes under the petition will shift the present Bicameral-Presidential system to a Unicameral-Parliamentary form of government. Continue reading