The employees of the public sector comprise the largest bloc of workers in our national work forc... more The employees of the public sector comprise the largest bloc of workers in our national work force. Governmental bureaucracy is continually being reorganized to cope with the growing complexity of the problems and needs of political and administrative governance. As the increase in the number of government employees grows space, the need to enhance their welfare correspondingly becomes more imperative. While it may be assumed that the Government is exerting efforts to advance the interests of its employees, it is quite understandable that the employees themselves should actively seek arrangements where by they can participate more meaningfully in management and employment relationships. There is, thus, a proliferation of unions or employees' organizations, each seeking concomitant representational recognition. The antecedent facts which led to the filing of this special civil action for certiorari are clear and undisputed. The juridical status and relevant circumstances of respondent corporation have been established in a case of illegal dismissal filed against it, as previously decided by the Court and hereinafter discussed. However, submitted this time for Our resolution is a controversy on the propriety of and requirements for certification elections in government-owned or controlled corporations like the respondent. Respondent National Housing Corporation (hereinafter referred to as NHC) is a corporation organized in 1959 in accordance with Executive Order No. 399, otherwise known as the Uniform Charter of Government Corporations, dated January 1, 1951. Its shares of stock are and have been one hundred percent (100%) owned by the Government from its incorporation under Act 459, the former corporation law. The government entities that own its shares of stock are the Government Service Insurance System, the Social Security System, the Development Bank of the Philippines, the National Investment and Development Corporation and the People's Homesite and Housing Corporation. 1 Petitioner Trade Unions of the Philippines and Allied Services (TUPAS, for brevity) is a legitimate labor organization with a chapter in NHC.
After the 1986 Edsa Revolution, FPA voluntarily stopped the imposition of the ₱10 levy. With the ... more After the 1986 Edsa Revolution, FPA voluntarily stopped the imposition of the ₱10 levy. With the return of democracy, Fertiphil demanded from PPI a refund of the amounts it paid under LOI No. 1465, but PPI refused to accede to the demand. 7 Fertiphil filed a complaint for collection and damages 8 against FPA and PPI with the RTC in Makati. It questioned the constitutionality of LOI No. 1465 for being unjust, unreasonable, oppressive, invalid
is amused by a libel case filed by Vicki Belo against me through her office receptionist in Tayta... more is amused by a libel case filed by Vicki Belo against me through her office receptionist in Taytay Rizal. Haaaaay, style-bulok at style-duwag talaga. Lalakarin ng Reyna ng Kaplastikan at Reyna ng Payola ang kaso... si Imelda Marcos nga sued me for P300 million pesos and ended up apologizing to me, si Belo pa kaya? (September 15 at 12:08pm) 6 Argee Guevarra get vicki belo as your client!!! may 'extra-legal' budget yon. Kaya lang, histado ko na kung sino-sino ang tumatanggap eh, pag nalaman mo, baka bumagsak pa isang ahensya ng gobyerno dito, hahaha (August 9 at 10:31pm) 7 Argee Guevarra ATTENTION MGA BATCHMATES SA DOJ: TIMBREHAN NIYO AKO KUNG MAGKANONG PANGSUHOL NI BELO PARA MADIIN AKO HA???? I just [want] to know how much she hates me, ok? Ang payola budget daw niya runs into tens of millions.... (September 15 at 3:57pm) 8 Argee Guevarra thinks aloud how the payola machinery of vicki belo killed the news of a picket demonstration in front of the Belo clinic. I wonder how television, print[,] and radio programs can kill the story when the next rallies will have the following numbers 100, 200, 500 and 1000. Kung magkaasaran pa, 10,000 demonstrators will be assembled in front of the Belo Medical Clinic at Tomas Morato on July 27, 2009. Hahahahaha! (July 17 at 7:56pm) 9 Argee Guevarra Nakakatawa nga, 10milyon pa budget... [I] didn't know that my reputation is worth that much. Aba ako kaya magdemanda sa kanila :) Ikot-ikot daw ang mga P.R. ni Belo trying to convince editors to pin me down with something eh alam ko na wala naman akong sex video!!! Adik talaga sa botox si Aling Becky at may tama na sa utak-eh kung gagastos ka lang ng 10 milyon para sa tirang-pikon laban sa akin at to protect your burak na reputasyon as a plastic surgeon, i-donate mo na lang yon sa biktima ni Ondoy, Pepeng at Ramil! Yung mga homeboys ko sa Pasig na nilimas [ni] Ondoy ang kukubra sa yo! (October 23 at 5:31pm) 10 Argee Guevarra is inspired by Jose Norio's courageous act of showing her face on national television to expose the Reyna ng Kaplastikan, Reyna ng Kapalpakan. Inspired by shock nevertheless by the fact that the much needed partial restoration of her behind would cost a staggering $500,000-$1,000,000 Stanford Medical Hospital and she will still remain permanently disabled for the rest of her life... (July 11 at 2:08am) 11 Argee Guevarra Just got my internet connection. WILL EMAIL U THE LURID UNASSAILABLE FACTS ABOUT VICKI BELO'S QUACK DOCTORING. (October 27, 2009) 12 Argee Guevarra yeah... actually the issue is simple and you will easily see which side you'll be taking-just pay Ms. Josie Norcio a visit at St. Luke's at talagang binaboy siya ng Reyna ng Kaplastikan (July 10 at 12:08am) 13 ch an rob lesla w The complaint further alleged that respondent posted remarks on his Facebook account that were intended to destroy and ruin BMGI's medical personnel, as well as the entire medical practice of around 300 employees for no fair or justifiable cause, 14 to wit:c h an Rob les virt u alLa wlib rary Argee Guevarra yup... [I'll] even throw the kitchen sink at her. Enjoy nga ito, we will paralyze the operations of all her clinic and seek out her patients and customers to boycott her. [So] far, good response-70% decrease in her July sales... (August 9 at 10:29pm) 15
At the core of this case is an obscure old special law. The issue is whether a provision in the l... more At the core of this case is an obscure old special law. The issue is whether a provision in the law prohibiting the sale of the properties donated to the charitable organization that was incorporated by the same law bars the implementation of agrarian reform laws as regards said properties. Petitioner Hospicio de San Jose de Barili ("Hospicio") is a charitable organization created as a body corporate in 1925 by Act No. 3239. The law was enacted in order to formally accept the offer made by Pedro Cui and Benigna Cui to establish a home for the care and support, free of charge, of indigent invalids and incapacitated and helpless persons. 1 The Hospicio was to be maintained with the revenues of the personal and real properties to be endowed by the Cuis and other donors. 2 Section 4 of Act No. 3239 provides that "[t]he personal and real property donated to the [Hospicio] by its founders or by other persons shall not be sold under any consideration." 3 On 10 October 1987, the Department of Agrarian Reform Regional Office (DARRO) Region VII issued an order ordaining that two parcels of land owned by the Hospicio be placed under Operation Land Transfer in favor of twenty-two (22) tillers thereof as beneficiaries. Presidential Decree (P.D.) No. 27, a land reform law, was cited as legal basis for the order. The Hospicio filed a motion for the reconsideration of the order with the Department of Agrarian Reform (DAR) Secretary, citing the aforementioned Section 4 of Act No. 3239. It argued that Act No. 3239 is a special law, which could not have been repealed by P.D. No. 27, a general law, or by the latter's general repealing clause. The DAR Secretary rejected the motion for reconsideration in an Order dated 30 March 1997. Therein, the DAR Secretary held that P.D. No. 27 was a special law, as it applied only to particular individuals in the State, specifically the tenants of rice and corn lands. Moreover, P.D. No. 27, which covered all rice and corn lands, provides no exemptions based on the manner of acquisition of the land by the landowner. 4 The Order of the DAR Secretary was assailed in a Petition for Certiorari filed with the Court of Appeals. In a Decision 5 dated 9 July 1999, the Court of Appeals Special Eleventh Division affirmed the DAR Secretary's issuance. It sustained the position of the Office of the Solicitor General (OSG) position that Section 4 of Act No. 3239 was expressly repealed not only by P.D. No. 27, but also by Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988, both laws being explicit in mandating the distribution of agricultural lands to qualified beneficiaries. The Court of Appeals further noted that the subject lands did not fall among the exemptions provided under Section 10 of Rep. Act No. 6657. Finally, the appellate court brought into play the aims of land reform, affirming as it did "the need to distribute and create an economic equilibrium among the inhabitants of this land, most especially those with less privilege in life, our peasant farmer." 6 Unsatisfied with the Court of Appeals' Decision, the Hospicio lodged the present Petition for Review. The Hospicio alleges that P.D. No. 27, the CARL, and Executive Order No. 407 7 all violate Section 10, Article III of the Constitution, which provides that "no law impairing the obligation of contracts shall be passed." More sedately, the Hospicio also argues that Act No. 3239 was not repealed either by P.D. No. 27 or Rep. Act No. 6657 and that the forced disposition of the Hospicio's landholdings would incapacitate the discharge of its charitable functions, which equally promote social justice and the upliftment of the lives of the less fortunate. On the other hand, the OSG, representing respondent DAR, bluntly replies that Act No. 3239 was repealed by P.D. No. 27 and Rep. Act No. 6657, which do not exempt lands owned by eleemosynary or charitable institutions from the coverage of those agrarian reform laws.
In the petition at bar, petitioner seeks to-a. Annul and set aside, for having been issued withou... more In the petition at bar, petitioner seeks to-a. Annul and set aside, for having been issued without or in excess of jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction, respondents' order dated September 7, 1998 in OMB-0-97-0411, In Re: Motion to Cite Lourdes T. Marquez for indirect contempt, received by counsel of September 9,1998, and their order dated October 14,1998, denying Marquez's motion for reconsideration dated September 10, 1998, received by counsel on October 20, 1998. b. Prohibit respondents from implementing their order dated October 14, 1998, in proceeding with the hearing of the motion to cite Marquez for indirect contempt, through the issuance by this Court of a temporary restraining order and/or preliminary injunction. 1 The antecedent facts are as follows: Sometime in May 1998, petitioner Marquez received an Order from the Ombudsman Aniano A. Desierto dated April 29, 1998, to produce several bank documents for purposes of inspection in camera relative to various accounts maintained at Union Bank of the Philippines, Julia Vargas Branch, where petitioner is the branch manager. The accounts to be inspected are Account Nos. 011-37270, 240-020718, 245-30317-3 and 245-30318-1, involved in a case pending with the Ombudsman entitled, Fact-Finding and Intelligence Bureau (FFIB) v. Amado Lagdameo, et al. The order further states: "It is worth mentioning that the power of the Ombudsman to investigate and to require the production and inspection of records and documents is sanctioned by the 1987 Philippine Constitution, Republic Act No. 6770, otherwise known as Ombudsman Act of 1989 and under existing jurisprudence on the matter. It must be noted that R.A. 6770 especially Section 15 thereof provides, among others, the following powers, functions and duties of the Ombudsman, to wit:
The petitioners ask this Court: 1) to annul the warrant for their arrest issued by respondent Jud... more The petitioners ask this Court: 1) to annul the warrant for their arrest issued by respondent Judge Dimaporo T. Casar of the Municipal Circuit Court of Masiu, Lanao del Sur, in Criminal Case No. 1748 entitled People vs. Hadji Ibrahim Solay Pangandaman et al.; 2) to prohibit the Judge from taking further cognizance of said Criminal Case No. 1748; and 3) to compel the Judge to forward the entire record of Criminal Case No. 1748 to the Provincial Fiscal of Lanao del Sur for proper disposition. 1 Their plea is essentially grounded on the claim that the warrant for their arrest was issued by the respondent Judge without a proper preliminary investigation. 2 The Solicitor General agrees and recommends that their petition be granted and the warrant of arrest voided. 3 On July 27, 1985, a shooting incident occurred in Pantao, Masiu, Lanao del Sur, which left at least five persons dead and two others wounded. What in fact transpired is still unclear. According to one version, armed men had attacked a residence in Pantao, Masiu, with both attackers and defenders suffering casualties. 4 Another version has it that a group that was on its way to another place, Lalabuan, also in Masiu, had been ambushed. 5 On the following day, Atty. Mangurun Batuampar, claiming to represent the widow of one of the victims, filed a letter-complaint with the Provincial Fiscal at Marawi City, asking for a "full blast preliminary investigation" of the incident. 6 The letter adverted to the possibility of innocent persons being implicated by the parties involved on both sidesnone of whom was, however, identifiedand promised that supporting affidavits would shortly be filed. Immediately the Provincial Fiscal addressed a "1st indorsement" to the respondent Judge, transmitting Atty. Batuampar's letter and requesting that "all cases that may be filed relative .. (to the incident) that happened in the afternoon of July 27, 1985," be forwarded to his office, which "has first taken cognizance of said cases." 7
The freedom of the press is one of the cherished hallmarks of our democracy; but even as we striv... more The freedom of the press is one of the cherished hallmarks of our democracy; but even as we strive to protect and respect the fourth estate, the freedom it enjoys must be balanced with responsibility. There is a fine line between freedom of expression and libel, and it falls on the courts to determine whether or not that line has been crossed.
Before the Court are these two consolidated petitions for certiorari and mandamus to nullify and ... more Before the Court are these two consolidated petitions for certiorari and mandamus to nullify and set aside certain issuances of the Commission on Elections (Comelec) respecting party-list groups which have manifested their intention to participate in the party-list elections on May 14, 2007.
People of the Philippines).-Petitioners seek a verdict of acquittal from the Court via the presen... more People of the Philippines).-Petitioners seek a verdict of acquittal from the Court via the present Petition for Review on Certiorari. They fault the Court of Appeals for affirming the verdict of conviction against them for violation of Section 11, Article II of Republic Act No. 9165 (RA 9165) despite first, their alleged illegal wanantless anest, and second, the alleged absence of a representative from the Department of Justice (DOJ) or media during the inventory and photographing of the seized items. In its Comment' dated December 6, 2019, the Office of the Solicitor General (OSG) asserts that the prosecution had sufficiently proved beyond reasonable doubt all the elements of the crime charged including the integrity and evidentiary value of the seized illegal drugs. Issue Did the Court of Appeals en when it affirmed petitioners' conviction for violation of Section 11 (Illegal Possession of Dangerous Drugs) of Art. II of RA 9165? Ruling On petitioners Jhany Flores y Cabreros and Leonardo Sarmiento y Tupasi's wanantless arrest, suffice it to state that any objection involving 1 Rollo, pp. 130-145.
This is a petition to review the decision of the Court of Appeals, affirming the decision of the ... more This is a petition to review the decision of the Court of Appeals, affirming the decision of the Regional Trial Court of Manila (Branch X) which ordered petitioner to return documents and papers taken by her from private respondent's clinic without the latter's knowledge and consent. The facts are as follows: Petitioner Cecilia Zulueta is the wife of private respondent Alfredo Martin. On March 26, 1982, petitioner entered the clinic of her husband, a doctor of medicine, and in the presence of her mother, a driver and private respondent's secretary, forcibly opened the drawers and cabinet in her husband's clinic and took 157 documents consisting of private correspondence between Dr. Martin and his alleged paramours, greetings cards, cancelled checks, diaries, Dr. Martin's passport, and photographs. The documents and papers were seized for use in evidence in a case for legal separation and for disqualification from the practice of medicine which petitioner had filed against her husband.
On 14 October 1985, Petitioner was charged with violation of Section 20 (4) of the Revised Securi... more On 14 October 1985, Petitioner was charged with violation of Section 20 (4) of the Revised Securities Act in Criminal Case No. CBU-6304 of the Regional Trial Court of Cebu. In due time, he posted bail for his provisional liberty. On 26 January 1988, or more than two (2) years after the filing of the Information, respondent People of the Philippines filed an Urgent ex parte Motion to cancel the passport of and to issue a hold-departure Order against accused-petitioner on the ground that he had gone abroad several times without the necessary Court approval resulting in postponements of the arraignment and scheduled hearings. Overruling opposition, the Regional Trial Court, on 4 April 1988, issued an Order directing the Department of Foreign Affairs to cancel Petitioner's passport or to deny his application therefor, and the Commission on Immigration to prevent Petitioner from leaving the country. This order was based primarily on the Trial Court's finding that since the filing of the Information on 14 October 1985, "the accused has not yet been arraigned because he has never appeared in Court on the dates scheduled for his arraignment and there is evidence to show that accused Ricardo C. Silverio, Sr. has left the country and has gone abroad without the knowledge and permission of this Court" (Rollo, p. 45). Petitioner's Motion for Reconsideration was denied on 28 July 1988.
The sacred right against an arrest, search or seizure without valid warrant is not only ancient. ... more The sacred right against an arrest, search or seizure without valid warrant is not only ancient. It is also zealously safeguarded. The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. 1 Any evidence obtained in violation of said right shall be inadmissible for any purpose in any proceeding. Indeed, while the power to search and seize may at times be necessary to the public welfare, still it must be exercised and the law implemented without contravening the constitutional rights of the citizens, for the enforcement of no statute is of sufficient importance to justify indifference to the basic principles of government. 2 On appeal is the Decision 3 of the Court of Appeals dated 28 July 2005, affirming the Judgment 4 of the Regional Trial Court (RTC), Branch 31, Agoo, La Union dated 31 March 2004 finding petitioner Arsenio Vergara Valdez guilty beyond reasonable doubt of violating Section 11 of Republic Act No. 9165 (R.A. No. 9165) 5 and sentencing him to suffer the penalty of imprisonment ranging from eight (8) years and one (1) day of prision mayor medium as minimum to fifteen (15) years of reclusion temporal medium as maximum and ordering him to pay a fine of ₱350,000.00. 6 I. On 26 June 2003, petitioner was charged with violation of Section 11, par. 2(2) of R.A. No. 9165 in an Information 7 which reads: That on or about the 17th day of March 2003, in the Municipality of Aringay, Province of La Union, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously have in his possession, control and custody dried marijuana leaves wrapped in a cellophane and newspaper page, weighing more or less twenty-five (25) grams, without first securing the necessary permit, license or prescription from the proper government agency. CONTRARY TO LAW. 8 On arraignment, petitioner pleaded not guilty. Thereafter, trial on the merits ensued with the prosecution presenting the three (3) barangay tanods of San Benito Norte, Aringay, La Union namely, Rogelio Bautista (Bautista), Nestor Aratas (Aratas) and Eduardo Ordoño (Ordoño), who arrested petitioner.
for respondent. Mr. Chief Justice WARREN delivered the opinion of the Court. 1 This case presents... more for respondent. Mr. Chief Justice WARREN delivered the opinion of the Court. 1 This case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances. 2 Petitioner Terry was convicted of carrying a concealed weapon and sentenced to the statutorily prescribed term of one to three years in the penitentiary.1 Following the denial of a pretrial motion to suppress, the prosecution introduced in evidence two revolvers and a number of bullets seized from Terry and a codefendant, Richard Chilton,2 by Cleveland Police Detective Martin McFadden. At the hearing on the motion to suppress this evidence, Officer McFadden testified that while he was patrolling in plain clothes in downtown Cleveland at approximately 2:30 in the afternoon of October 31, 1963, his attention was attracted by two men, Chilton and Terry, standing on the corner of Huron Road and Euclid Avenue. He had never seen the two men before, and he was unable to say precisely what first drew his eye to them. However, he testified that he had been a policeman for 39 years and a detective for 35 and that he had been assigned to patrol this vicinity of downtown Cleveland for shoplifters and pickpockets for 30 years. He explained that he had developed routine habits of observation over the years and that he would 'stand and watch people or walk and watch people at many intervals of the day.' He added: 'Now, in this case when I looked over they didn't look right to me at the time.' 3 His interest aroused, Officer McFadden took up a post of observation in the entrance to a store 300 to 400 feet away from the two men. 'I get more purpose to watch them when I seen their movements,' he testified. He saw one of the men leave the other one and walk southwest on Huron Road, past some stores. The man paused for a moment and looked in a store window, then walked on a short distance, turned around and walked back toward the corner, pausing once again to look in the same
The right to participate in electoral processes is a basic and fundamental right in any democracy... more The right to participate in electoral processes is a basic and fundamental right in any democracy. It includes not only the right to vote, but also the right to urge others to vote for a particular candidate. The right No Part. On Official Leave.
, Trestiza was acquitted of the crime charged in Criminal Case No. 02-3394. 7 The Affidavit of Ar... more , Trestiza was acquitted of the crime charged in Criminal Case No. 02-3394. 7 The Affidavit of Arrest stated that the serial number of the firearm seized was 035481, while the firearm itself had a serial number of BRG-768. The trial court rejected the explanation that the difference between the serial numbers was a mere typographical error. An order 8 of the trial court dated 16 April 2004 in Criminal Case Nos. 02-3393, 02-3394, 03-766 and 04-1311 recounted the circumstances involved in the filing of the charges against Trestiza, Manrique and Pineda.
This case is here on automatic review of the decision, 1 dated October 5, 1998, of the Regional T... more This case is here on automatic review of the decision, 1 dated October 5, 1998, of the Regional Trial Court, Branch 88, Cavite City, finding accused-appellant Fidel Abrenica Cubcubin, Jr. guilty of murder and sentencing him to suffer the penalty of death. The information against accused-appellant alleged: That on or about August 26, 1997, in the City of Cavite, Republic of the Philippines and within the jurisdiction of this Honorable Court, the abovenamed accused, armed with an unlicensed homemade (paltik) Smith and Wesson caliber .38 revolver, with no serial number, with intent to kill, acting with treachery and evident premeditation and taking advantage of the darkness of [the] night, did, then and there, willfully, unlawfully, and feloniously, assault, attack and shoot with the aforesaid unlicensed firearm a certain HENRY PECHO PIAMONTE, hitting and inflicting upon the latter gunshot wounds in the head which caused the latter's instantaneous death. CONTRARY TO LAW. 2 Accused-appellant pleaded not guilty to the charge, whereupon trial on the merits ensued.
This petition for certiorari 1 under Rule 65, in relation to Rule 64 of the Rules of Court, seeks... more This petition for certiorari 1 under Rule 65, in relation to Rule 64 of the Rules of Court, seeks to annul and set aside the Commission on Audit (COA)
This is a petition for the issuance of writ of habeas corpus with a petition for declaratory reli... more This is a petition for the issuance of writ of habeas corpus with a petition for declaratory relief filed by the Integrated Bar of the Philippines (IBP) Pangasinan Chapter Legal Aid, pursuant to its purpose, as stated in "In the Matter of the Integration of the Bar of the Philippines," issued by the Supreme Court on January 9, 1973, and the provisions under Guidelines Governing the Establishment and Operation of Legal Aid Offices in All Chapters of the Integrated Bar of the Philippines (Guidelines on Legal Aid). Department Circular No. 50 On December 18, 2015, D.C. No. 50 was issued by then Secretary of Justice (SOJ), now Associate Justice Alfredo Benjamin S. Caguioa of this Court. In brief, D.C. No. 50 stated that a person with a pending case for automatic review before the DOJ shall be released immediately if the review is not resolved within a period of 30 days, to wit: 9. All cases subject to automatic review shall be resolved by the Office of the Secretary within thirty (30) days from the date the complete records are elevated to this Department in order to give the concerned signatory of the review resolution sufficient time to study the case, the reviewing prosecutor to whom the case is assigned is mandated to submit his recommendation to the concerned signatory ten (10) days before the thirty (30) day deadline. The docket section of this Department is also directed to monitor compliance with the periods prescribed herein. If the case subject of the automatic review is not resolved within thirty (30) days, then the respondent shall be immediately released from detention pending automatic review, unless the respondent is detained for other causes. D.C. No. 50 also directed all heads of prosecution offices to immediately issue corresponding release orders in favor of respondents, whose cases are still pending automatic review before the Office of the Secretary, beyond the 30 day period, unless they are detained for other causes.
the two suspects. After the shootout, one of the suspects boarded a motorcycle, while the other b... more the two suspects. After the shootout, one of the suspects boarded a motorcycle, while the other boarded a red Toyota Corolla. The plate numbers of the vehicles were noted by PO3 Din. 9 ch an rob leslaw After the incident, PO3 Din received word from Barangay Tanod Florentine Cano (Cano), 10 that the robbery suspects were last seen in Barangay Del Rio Pit-os. Thus, S/Insp. George Ylanan (S/Insp. Ylanan) conducted an investigation in the said barangay, and discovered that before the robbery incident, Manago told Cano that
The employees of the public sector comprise the largest bloc of workers in our national work forc... more The employees of the public sector comprise the largest bloc of workers in our national work force. Governmental bureaucracy is continually being reorganized to cope with the growing complexity of the problems and needs of political and administrative governance. As the increase in the number of government employees grows space, the need to enhance their welfare correspondingly becomes more imperative. While it may be assumed that the Government is exerting efforts to advance the interests of its employees, it is quite understandable that the employees themselves should actively seek arrangements where by they can participate more meaningfully in management and employment relationships. There is, thus, a proliferation of unions or employees' organizations, each seeking concomitant representational recognition. The antecedent facts which led to the filing of this special civil action for certiorari are clear and undisputed. The juridical status and relevant circumstances of respondent corporation have been established in a case of illegal dismissal filed against it, as previously decided by the Court and hereinafter discussed. However, submitted this time for Our resolution is a controversy on the propriety of and requirements for certification elections in government-owned or controlled corporations like the respondent. Respondent National Housing Corporation (hereinafter referred to as NHC) is a corporation organized in 1959 in accordance with Executive Order No. 399, otherwise known as the Uniform Charter of Government Corporations, dated January 1, 1951. Its shares of stock are and have been one hundred percent (100%) owned by the Government from its incorporation under Act 459, the former corporation law. The government entities that own its shares of stock are the Government Service Insurance System, the Social Security System, the Development Bank of the Philippines, the National Investment and Development Corporation and the People's Homesite and Housing Corporation. 1 Petitioner Trade Unions of the Philippines and Allied Services (TUPAS, for brevity) is a legitimate labor organization with a chapter in NHC.
After the 1986 Edsa Revolution, FPA voluntarily stopped the imposition of the ₱10 levy. With the ... more After the 1986 Edsa Revolution, FPA voluntarily stopped the imposition of the ₱10 levy. With the return of democracy, Fertiphil demanded from PPI a refund of the amounts it paid under LOI No. 1465, but PPI refused to accede to the demand. 7 Fertiphil filed a complaint for collection and damages 8 against FPA and PPI with the RTC in Makati. It questioned the constitutionality of LOI No. 1465 for being unjust, unreasonable, oppressive, invalid
is amused by a libel case filed by Vicki Belo against me through her office receptionist in Tayta... more is amused by a libel case filed by Vicki Belo against me through her office receptionist in Taytay Rizal. Haaaaay, style-bulok at style-duwag talaga. Lalakarin ng Reyna ng Kaplastikan at Reyna ng Payola ang kaso... si Imelda Marcos nga sued me for P300 million pesos and ended up apologizing to me, si Belo pa kaya? (September 15 at 12:08pm) 6 Argee Guevarra get vicki belo as your client!!! may 'extra-legal' budget yon. Kaya lang, histado ko na kung sino-sino ang tumatanggap eh, pag nalaman mo, baka bumagsak pa isang ahensya ng gobyerno dito, hahaha (August 9 at 10:31pm) 7 Argee Guevarra ATTENTION MGA BATCHMATES SA DOJ: TIMBREHAN NIYO AKO KUNG MAGKANONG PANGSUHOL NI BELO PARA MADIIN AKO HA???? I just [want] to know how much she hates me, ok? Ang payola budget daw niya runs into tens of millions.... (September 15 at 3:57pm) 8 Argee Guevarra thinks aloud how the payola machinery of vicki belo killed the news of a picket demonstration in front of the Belo clinic. I wonder how television, print[,] and radio programs can kill the story when the next rallies will have the following numbers 100, 200, 500 and 1000. Kung magkaasaran pa, 10,000 demonstrators will be assembled in front of the Belo Medical Clinic at Tomas Morato on July 27, 2009. Hahahahaha! (July 17 at 7:56pm) 9 Argee Guevarra Nakakatawa nga, 10milyon pa budget... [I] didn't know that my reputation is worth that much. Aba ako kaya magdemanda sa kanila :) Ikot-ikot daw ang mga P.R. ni Belo trying to convince editors to pin me down with something eh alam ko na wala naman akong sex video!!! Adik talaga sa botox si Aling Becky at may tama na sa utak-eh kung gagastos ka lang ng 10 milyon para sa tirang-pikon laban sa akin at to protect your burak na reputasyon as a plastic surgeon, i-donate mo na lang yon sa biktima ni Ondoy, Pepeng at Ramil! Yung mga homeboys ko sa Pasig na nilimas [ni] Ondoy ang kukubra sa yo! (October 23 at 5:31pm) 10 Argee Guevarra is inspired by Jose Norio's courageous act of showing her face on national television to expose the Reyna ng Kaplastikan, Reyna ng Kapalpakan. Inspired by shock nevertheless by the fact that the much needed partial restoration of her behind would cost a staggering $500,000-$1,000,000 Stanford Medical Hospital and she will still remain permanently disabled for the rest of her life... (July 11 at 2:08am) 11 Argee Guevarra Just got my internet connection. WILL EMAIL U THE LURID UNASSAILABLE FACTS ABOUT VICKI BELO'S QUACK DOCTORING. (October 27, 2009) 12 Argee Guevarra yeah... actually the issue is simple and you will easily see which side you'll be taking-just pay Ms. Josie Norcio a visit at St. Luke's at talagang binaboy siya ng Reyna ng Kaplastikan (July 10 at 12:08am) 13 ch an rob lesla w The complaint further alleged that respondent posted remarks on his Facebook account that were intended to destroy and ruin BMGI's medical personnel, as well as the entire medical practice of around 300 employees for no fair or justifiable cause, 14 to wit:c h an Rob les virt u alLa wlib rary Argee Guevarra yup... [I'll] even throw the kitchen sink at her. Enjoy nga ito, we will paralyze the operations of all her clinic and seek out her patients and customers to boycott her. [So] far, good response-70% decrease in her July sales... (August 9 at 10:29pm) 15
At the core of this case is an obscure old special law. The issue is whether a provision in the l... more At the core of this case is an obscure old special law. The issue is whether a provision in the law prohibiting the sale of the properties donated to the charitable organization that was incorporated by the same law bars the implementation of agrarian reform laws as regards said properties. Petitioner Hospicio de San Jose de Barili ("Hospicio") is a charitable organization created as a body corporate in 1925 by Act No. 3239. The law was enacted in order to formally accept the offer made by Pedro Cui and Benigna Cui to establish a home for the care and support, free of charge, of indigent invalids and incapacitated and helpless persons. 1 The Hospicio was to be maintained with the revenues of the personal and real properties to be endowed by the Cuis and other donors. 2 Section 4 of Act No. 3239 provides that "[t]he personal and real property donated to the [Hospicio] by its founders or by other persons shall not be sold under any consideration." 3 On 10 October 1987, the Department of Agrarian Reform Regional Office (DARRO) Region VII issued an order ordaining that two parcels of land owned by the Hospicio be placed under Operation Land Transfer in favor of twenty-two (22) tillers thereof as beneficiaries. Presidential Decree (P.D.) No. 27, a land reform law, was cited as legal basis for the order. The Hospicio filed a motion for the reconsideration of the order with the Department of Agrarian Reform (DAR) Secretary, citing the aforementioned Section 4 of Act No. 3239. It argued that Act No. 3239 is a special law, which could not have been repealed by P.D. No. 27, a general law, or by the latter's general repealing clause. The DAR Secretary rejected the motion for reconsideration in an Order dated 30 March 1997. Therein, the DAR Secretary held that P.D. No. 27 was a special law, as it applied only to particular individuals in the State, specifically the tenants of rice and corn lands. Moreover, P.D. No. 27, which covered all rice and corn lands, provides no exemptions based on the manner of acquisition of the land by the landowner. 4 The Order of the DAR Secretary was assailed in a Petition for Certiorari filed with the Court of Appeals. In a Decision 5 dated 9 July 1999, the Court of Appeals Special Eleventh Division affirmed the DAR Secretary's issuance. It sustained the position of the Office of the Solicitor General (OSG) position that Section 4 of Act No. 3239 was expressly repealed not only by P.D. No. 27, but also by Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988, both laws being explicit in mandating the distribution of agricultural lands to qualified beneficiaries. The Court of Appeals further noted that the subject lands did not fall among the exemptions provided under Section 10 of Rep. Act No. 6657. Finally, the appellate court brought into play the aims of land reform, affirming as it did "the need to distribute and create an economic equilibrium among the inhabitants of this land, most especially those with less privilege in life, our peasant farmer." 6 Unsatisfied with the Court of Appeals' Decision, the Hospicio lodged the present Petition for Review. The Hospicio alleges that P.D. No. 27, the CARL, and Executive Order No. 407 7 all violate Section 10, Article III of the Constitution, which provides that "no law impairing the obligation of contracts shall be passed." More sedately, the Hospicio also argues that Act No. 3239 was not repealed either by P.D. No. 27 or Rep. Act No. 6657 and that the forced disposition of the Hospicio's landholdings would incapacitate the discharge of its charitable functions, which equally promote social justice and the upliftment of the lives of the less fortunate. On the other hand, the OSG, representing respondent DAR, bluntly replies that Act No. 3239 was repealed by P.D. No. 27 and Rep. Act No. 6657, which do not exempt lands owned by eleemosynary or charitable institutions from the coverage of those agrarian reform laws.
In the petition at bar, petitioner seeks to-a. Annul and set aside, for having been issued withou... more In the petition at bar, petitioner seeks to-a. Annul and set aside, for having been issued without or in excess of jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction, respondents' order dated September 7, 1998 in OMB-0-97-0411, In Re: Motion to Cite Lourdes T. Marquez for indirect contempt, received by counsel of September 9,1998, and their order dated October 14,1998, denying Marquez's motion for reconsideration dated September 10, 1998, received by counsel on October 20, 1998. b. Prohibit respondents from implementing their order dated October 14, 1998, in proceeding with the hearing of the motion to cite Marquez for indirect contempt, through the issuance by this Court of a temporary restraining order and/or preliminary injunction. 1 The antecedent facts are as follows: Sometime in May 1998, petitioner Marquez received an Order from the Ombudsman Aniano A. Desierto dated April 29, 1998, to produce several bank documents for purposes of inspection in camera relative to various accounts maintained at Union Bank of the Philippines, Julia Vargas Branch, where petitioner is the branch manager. The accounts to be inspected are Account Nos. 011-37270, 240-020718, 245-30317-3 and 245-30318-1, involved in a case pending with the Ombudsman entitled, Fact-Finding and Intelligence Bureau (FFIB) v. Amado Lagdameo, et al. The order further states: "It is worth mentioning that the power of the Ombudsman to investigate and to require the production and inspection of records and documents is sanctioned by the 1987 Philippine Constitution, Republic Act No. 6770, otherwise known as Ombudsman Act of 1989 and under existing jurisprudence on the matter. It must be noted that R.A. 6770 especially Section 15 thereof provides, among others, the following powers, functions and duties of the Ombudsman, to wit:
The petitioners ask this Court: 1) to annul the warrant for their arrest issued by respondent Jud... more The petitioners ask this Court: 1) to annul the warrant for their arrest issued by respondent Judge Dimaporo T. Casar of the Municipal Circuit Court of Masiu, Lanao del Sur, in Criminal Case No. 1748 entitled People vs. Hadji Ibrahim Solay Pangandaman et al.; 2) to prohibit the Judge from taking further cognizance of said Criminal Case No. 1748; and 3) to compel the Judge to forward the entire record of Criminal Case No. 1748 to the Provincial Fiscal of Lanao del Sur for proper disposition. 1 Their plea is essentially grounded on the claim that the warrant for their arrest was issued by the respondent Judge without a proper preliminary investigation. 2 The Solicitor General agrees and recommends that their petition be granted and the warrant of arrest voided. 3 On July 27, 1985, a shooting incident occurred in Pantao, Masiu, Lanao del Sur, which left at least five persons dead and two others wounded. What in fact transpired is still unclear. According to one version, armed men had attacked a residence in Pantao, Masiu, with both attackers and defenders suffering casualties. 4 Another version has it that a group that was on its way to another place, Lalabuan, also in Masiu, had been ambushed. 5 On the following day, Atty. Mangurun Batuampar, claiming to represent the widow of one of the victims, filed a letter-complaint with the Provincial Fiscal at Marawi City, asking for a "full blast preliminary investigation" of the incident. 6 The letter adverted to the possibility of innocent persons being implicated by the parties involved on both sidesnone of whom was, however, identifiedand promised that supporting affidavits would shortly be filed. Immediately the Provincial Fiscal addressed a "1st indorsement" to the respondent Judge, transmitting Atty. Batuampar's letter and requesting that "all cases that may be filed relative .. (to the incident) that happened in the afternoon of July 27, 1985," be forwarded to his office, which "has first taken cognizance of said cases." 7
The freedom of the press is one of the cherished hallmarks of our democracy; but even as we striv... more The freedom of the press is one of the cherished hallmarks of our democracy; but even as we strive to protect and respect the fourth estate, the freedom it enjoys must be balanced with responsibility. There is a fine line between freedom of expression and libel, and it falls on the courts to determine whether or not that line has been crossed.
Before the Court are these two consolidated petitions for certiorari and mandamus to nullify and ... more Before the Court are these two consolidated petitions for certiorari and mandamus to nullify and set aside certain issuances of the Commission on Elections (Comelec) respecting party-list groups which have manifested their intention to participate in the party-list elections on May 14, 2007.
People of the Philippines).-Petitioners seek a verdict of acquittal from the Court via the presen... more People of the Philippines).-Petitioners seek a verdict of acquittal from the Court via the present Petition for Review on Certiorari. They fault the Court of Appeals for affirming the verdict of conviction against them for violation of Section 11, Article II of Republic Act No. 9165 (RA 9165) despite first, their alleged illegal wanantless anest, and second, the alleged absence of a representative from the Department of Justice (DOJ) or media during the inventory and photographing of the seized items. In its Comment' dated December 6, 2019, the Office of the Solicitor General (OSG) asserts that the prosecution had sufficiently proved beyond reasonable doubt all the elements of the crime charged including the integrity and evidentiary value of the seized illegal drugs. Issue Did the Court of Appeals en when it affirmed petitioners' conviction for violation of Section 11 (Illegal Possession of Dangerous Drugs) of Art. II of RA 9165? Ruling On petitioners Jhany Flores y Cabreros and Leonardo Sarmiento y Tupasi's wanantless arrest, suffice it to state that any objection involving 1 Rollo, pp. 130-145.
This is a petition to review the decision of the Court of Appeals, affirming the decision of the ... more This is a petition to review the decision of the Court of Appeals, affirming the decision of the Regional Trial Court of Manila (Branch X) which ordered petitioner to return documents and papers taken by her from private respondent's clinic without the latter's knowledge and consent. The facts are as follows: Petitioner Cecilia Zulueta is the wife of private respondent Alfredo Martin. On March 26, 1982, petitioner entered the clinic of her husband, a doctor of medicine, and in the presence of her mother, a driver and private respondent's secretary, forcibly opened the drawers and cabinet in her husband's clinic and took 157 documents consisting of private correspondence between Dr. Martin and his alleged paramours, greetings cards, cancelled checks, diaries, Dr. Martin's passport, and photographs. The documents and papers were seized for use in evidence in a case for legal separation and for disqualification from the practice of medicine which petitioner had filed against her husband.
On 14 October 1985, Petitioner was charged with violation of Section 20 (4) of the Revised Securi... more On 14 October 1985, Petitioner was charged with violation of Section 20 (4) of the Revised Securities Act in Criminal Case No. CBU-6304 of the Regional Trial Court of Cebu. In due time, he posted bail for his provisional liberty. On 26 January 1988, or more than two (2) years after the filing of the Information, respondent People of the Philippines filed an Urgent ex parte Motion to cancel the passport of and to issue a hold-departure Order against accused-petitioner on the ground that he had gone abroad several times without the necessary Court approval resulting in postponements of the arraignment and scheduled hearings. Overruling opposition, the Regional Trial Court, on 4 April 1988, issued an Order directing the Department of Foreign Affairs to cancel Petitioner's passport or to deny his application therefor, and the Commission on Immigration to prevent Petitioner from leaving the country. This order was based primarily on the Trial Court's finding that since the filing of the Information on 14 October 1985, "the accused has not yet been arraigned because he has never appeared in Court on the dates scheduled for his arraignment and there is evidence to show that accused Ricardo C. Silverio, Sr. has left the country and has gone abroad without the knowledge and permission of this Court" (Rollo, p. 45). Petitioner's Motion for Reconsideration was denied on 28 July 1988.
The sacred right against an arrest, search or seizure without valid warrant is not only ancient. ... more The sacred right against an arrest, search or seizure without valid warrant is not only ancient. It is also zealously safeguarded. The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. 1 Any evidence obtained in violation of said right shall be inadmissible for any purpose in any proceeding. Indeed, while the power to search and seize may at times be necessary to the public welfare, still it must be exercised and the law implemented without contravening the constitutional rights of the citizens, for the enforcement of no statute is of sufficient importance to justify indifference to the basic principles of government. 2 On appeal is the Decision 3 of the Court of Appeals dated 28 July 2005, affirming the Judgment 4 of the Regional Trial Court (RTC), Branch 31, Agoo, La Union dated 31 March 2004 finding petitioner Arsenio Vergara Valdez guilty beyond reasonable doubt of violating Section 11 of Republic Act No. 9165 (R.A. No. 9165) 5 and sentencing him to suffer the penalty of imprisonment ranging from eight (8) years and one (1) day of prision mayor medium as minimum to fifteen (15) years of reclusion temporal medium as maximum and ordering him to pay a fine of ₱350,000.00. 6 I. On 26 June 2003, petitioner was charged with violation of Section 11, par. 2(2) of R.A. No. 9165 in an Information 7 which reads: That on or about the 17th day of March 2003, in the Municipality of Aringay, Province of La Union, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously have in his possession, control and custody dried marijuana leaves wrapped in a cellophane and newspaper page, weighing more or less twenty-five (25) grams, without first securing the necessary permit, license or prescription from the proper government agency. CONTRARY TO LAW. 8 On arraignment, petitioner pleaded not guilty. Thereafter, trial on the merits ensued with the prosecution presenting the three (3) barangay tanods of San Benito Norte, Aringay, La Union namely, Rogelio Bautista (Bautista), Nestor Aratas (Aratas) and Eduardo Ordoño (Ordoño), who arrested petitioner.
for respondent. Mr. Chief Justice WARREN delivered the opinion of the Court. 1 This case presents... more for respondent. Mr. Chief Justice WARREN delivered the opinion of the Court. 1 This case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances. 2 Petitioner Terry was convicted of carrying a concealed weapon and sentenced to the statutorily prescribed term of one to three years in the penitentiary.1 Following the denial of a pretrial motion to suppress, the prosecution introduced in evidence two revolvers and a number of bullets seized from Terry and a codefendant, Richard Chilton,2 by Cleveland Police Detective Martin McFadden. At the hearing on the motion to suppress this evidence, Officer McFadden testified that while he was patrolling in plain clothes in downtown Cleveland at approximately 2:30 in the afternoon of October 31, 1963, his attention was attracted by two men, Chilton and Terry, standing on the corner of Huron Road and Euclid Avenue. He had never seen the two men before, and he was unable to say precisely what first drew his eye to them. However, he testified that he had been a policeman for 39 years and a detective for 35 and that he had been assigned to patrol this vicinity of downtown Cleveland for shoplifters and pickpockets for 30 years. He explained that he had developed routine habits of observation over the years and that he would 'stand and watch people or walk and watch people at many intervals of the day.' He added: 'Now, in this case when I looked over they didn't look right to me at the time.' 3 His interest aroused, Officer McFadden took up a post of observation in the entrance to a store 300 to 400 feet away from the two men. 'I get more purpose to watch them when I seen their movements,' he testified. He saw one of the men leave the other one and walk southwest on Huron Road, past some stores. The man paused for a moment and looked in a store window, then walked on a short distance, turned around and walked back toward the corner, pausing once again to look in the same
The right to participate in electoral processes is a basic and fundamental right in any democracy... more The right to participate in electoral processes is a basic and fundamental right in any democracy. It includes not only the right to vote, but also the right to urge others to vote for a particular candidate. The right No Part. On Official Leave.
, Trestiza was acquitted of the crime charged in Criminal Case No. 02-3394. 7 The Affidavit of Ar... more , Trestiza was acquitted of the crime charged in Criminal Case No. 02-3394. 7 The Affidavit of Arrest stated that the serial number of the firearm seized was 035481, while the firearm itself had a serial number of BRG-768. The trial court rejected the explanation that the difference between the serial numbers was a mere typographical error. An order 8 of the trial court dated 16 April 2004 in Criminal Case Nos. 02-3393, 02-3394, 03-766 and 04-1311 recounted the circumstances involved in the filing of the charges against Trestiza, Manrique and Pineda.
This case is here on automatic review of the decision, 1 dated October 5, 1998, of the Regional T... more This case is here on automatic review of the decision, 1 dated October 5, 1998, of the Regional Trial Court, Branch 88, Cavite City, finding accused-appellant Fidel Abrenica Cubcubin, Jr. guilty of murder and sentencing him to suffer the penalty of death. The information against accused-appellant alleged: That on or about August 26, 1997, in the City of Cavite, Republic of the Philippines and within the jurisdiction of this Honorable Court, the abovenamed accused, armed with an unlicensed homemade (paltik) Smith and Wesson caliber .38 revolver, with no serial number, with intent to kill, acting with treachery and evident premeditation and taking advantage of the darkness of [the] night, did, then and there, willfully, unlawfully, and feloniously, assault, attack and shoot with the aforesaid unlicensed firearm a certain HENRY PECHO PIAMONTE, hitting and inflicting upon the latter gunshot wounds in the head which caused the latter's instantaneous death. CONTRARY TO LAW. 2 Accused-appellant pleaded not guilty to the charge, whereupon trial on the merits ensued.
This petition for certiorari 1 under Rule 65, in relation to Rule 64 of the Rules of Court, seeks... more This petition for certiorari 1 under Rule 65, in relation to Rule 64 of the Rules of Court, seeks to annul and set aside the Commission on Audit (COA)
This is a petition for the issuance of writ of habeas corpus with a petition for declaratory reli... more This is a petition for the issuance of writ of habeas corpus with a petition for declaratory relief filed by the Integrated Bar of the Philippines (IBP) Pangasinan Chapter Legal Aid, pursuant to its purpose, as stated in "In the Matter of the Integration of the Bar of the Philippines," issued by the Supreme Court on January 9, 1973, and the provisions under Guidelines Governing the Establishment and Operation of Legal Aid Offices in All Chapters of the Integrated Bar of the Philippines (Guidelines on Legal Aid). Department Circular No. 50 On December 18, 2015, D.C. No. 50 was issued by then Secretary of Justice (SOJ), now Associate Justice Alfredo Benjamin S. Caguioa of this Court. In brief, D.C. No. 50 stated that a person with a pending case for automatic review before the DOJ shall be released immediately if the review is not resolved within a period of 30 days, to wit: 9. All cases subject to automatic review shall be resolved by the Office of the Secretary within thirty (30) days from the date the complete records are elevated to this Department in order to give the concerned signatory of the review resolution sufficient time to study the case, the reviewing prosecutor to whom the case is assigned is mandated to submit his recommendation to the concerned signatory ten (10) days before the thirty (30) day deadline. The docket section of this Department is also directed to monitor compliance with the periods prescribed herein. If the case subject of the automatic review is not resolved within thirty (30) days, then the respondent shall be immediately released from detention pending automatic review, unless the respondent is detained for other causes. D.C. No. 50 also directed all heads of prosecution offices to immediately issue corresponding release orders in favor of respondents, whose cases are still pending automatic review before the Office of the Secretary, beyond the 30 day period, unless they are detained for other causes.
the two suspects. After the shootout, one of the suspects boarded a motorcycle, while the other b... more the two suspects. After the shootout, one of the suspects boarded a motorcycle, while the other boarded a red Toyota Corolla. The plate numbers of the vehicles were noted by PO3 Din. 9 ch an rob leslaw After the incident, PO3 Din received word from Barangay Tanod Florentine Cano (Cano), 10 that the robbery suspects were last seen in Barangay Del Rio Pit-os. Thus, S/Insp. George Ylanan (S/Insp. Ylanan) conducted an investigation in the said barangay, and discovered that before the robbery incident, Manago told Cano that
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