The Author

The author is a practicing lawyer, who began this law blog in 2011.

Monday, July 4, 2016

Case Digest: Ambil vs Sandiganbayan; Apelado vs. People

G.R. No. 175457; July 6, 2011 RUPERTO A. AMBIL, JR vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, Respondent. G.R. No. 175482 ALEXANDRINO R. APELADO, SR vs. PEOPLE OF THE PHILIPPINES Facts: Eastern Samar Governor Ruperto Ambil and Provincial warden Alexandrino Apelado were found guilty before the Sandiganbayan for violating Section 3(e) of Republic Act No. 3019 otherwise known as the Anti-Graft and Corrupt Practices...

Case Digest: Catacutan vs. People

G.R. No. 175991; August 31, 2011 JOSE R. CATACUTAN vs. PEOPLE OF THE PHILIPPINES Facts: Petitioner Jose Catacutan was held guilty before the Sandiganbayan for the violation of Section 3(e) of RA 3019(Anti-Graft and Corrupt Practices Act) for his refusal to implement the promotion and appointments of Georgito Posesano and Magdalena A. Divinagracia as Vocational Supervisors III despite the directive of CHED and the Civil Service...

International Case Digest: US vs. Iran

CASE CONCERNING UNITED STATES DIPLOMATIC AND  CONSULAR STAFF IN TEHRAN Judgment of 24 May 1980 Facts: In November 4, 1979, student militants of the group Muslim Student Followers of the Imam's Line barged into the US Embassy in Tehran and held US diplomats and consulars hostage for 444 days. The cause of the Iranian students’ action against the US was believed to be the latter’s grant of medical asylum to Shah Mohammad Reza Pahlavi and its...

Case digest: Go vs. Sandiganbayan, et al

G.R. No. 172602   April 13, 2007 HENRY T. GO vs.THE FIFTH DIVISION, SANDIGANBAYAN and THE OFFICE OF THE SPECIAL PROSECUTOR, OFFICE OF THE OMBUDSMAN Vicente C. Rivera, then DOTC Secretary, and petitioner Henry Go, Chairman and President of PIATCO, were charged with violation of Section 3(g) of RA 3019, also known as the Anti-Graft and Corrupt Practices Act. Go, in relation to the voided 1997 Concession Agreement and the Amended...

Case Digest: Comelec vs Español

Comelec vs Español : 149164-73 : December 10, 2003 (417 SCRA 554) Facts: Bautista filed before the LAw Department of the Comelec a complaint against certain individuals for vote buying. By virtue of a resolution, an information was filed against respondents with the RTC. Meanwhile, criminal complaints were filed against Bautista's witnesses for vote selling. the Law Department of the COMELEC later on recommended that the resolutionof...

Case Digest: Ang Ladlad LGBT Party vs. Comelec

G.R. No. 190582               April 8, 2010 ANG LADLAD LGBT PARTY vs. COMMISSION ON ELECTIONS  Facts: Comelec refused to recognize Ang Ladlad LGBT Party, an organization composed of men and women who identify themselves as lesbians, gays, bisexuals, or trans-gendered individuals (LGBTs),as a party list based on moral grounds. In the elevation of the case to the Supreme Court, Comelec alleged that...

Case Digest: Rulloda vs. Comelec

G.R. No. 154198            January 20, 2003 PETRONILA S. RULLODA vs. COMELEC and REMEGIO PLACIDO Facts: Comelec denied petitioner’s request to substitute her deceased husband in the Barangay Chairman Candidacy despite the fact that petitioner apparently garnered the highest votes when constituents wrote her name in the ballots. Respondents cited resolution 4801 and Section 7 of the Omnibus Election...

Case Digest: Brillantes vs. Comelec

G.R. No. 163193             June 15, 2004 SIXTO S. BRILLANTES, JR., petitioner, JOSE CONCEPCION, JR., JOSE DE VENECIA, EDGARDO J. ANGARA, DR. JAIME Z. GALVEZ-TAN, FRANKLIN M. DRILON, FRISCO SAN JUAN, NORBERTO M. GONZALES, HONESTO M. GUTIERREZ, ISLETA, AND JOSE A. BERNAS, Petitioners-in-Intervention, vs.COMMISSION ON ELECTIONS, respondent. Facts: Comelec issued resolutions adopting an Automated Elections...

Case Digest: Codilla vs. de Venecia

G.R. No. 150605           December 10, 2002 EUFROCINO M. CODILLA, SR. vsHON. JOSE DE VENECIA, ROBERTO P. NAZARENO, in their official capacities as Speaker and Secretary-General of the House of Representatives, respectively, and MA. VICTORIA L. LOCSIN Facts: Petitioner garnered the highest votes in the election for representative in the 4th district of Leyte as against respondent Locsin. Petitioner...

Friday, July 1, 2016

Case Digest: Nicolas-Lewis, et al vs. Comelec

Nicolas-Lewis, et al vs. Comelec G.R. No. 162759 August 4, 2006 Facts:  Petitioners were dual citizens by virtue of RA 9225. Petitioners sought to avail their right of suffrage under RA 9189 or the  Overseas Absentee Voting Act of 2003. Comelec, however, did not allow petitioners to vote in the 2004 election, reasoning the petitioners faield to comply with the requirement of 1-year residency prior the elections as provided for...

Case Digest: Montesclaros, et al vs. Comelec, et al

G.R. No. 152295            July 9, 2002 Montesclaros, et al vs. Comelec, et al Facts: Petitioners sought to prevent the postponement of the 2002 SK election to a later date since doing so may render them unqualified to vote or be voted for in view of the age limitation set by law for those who may participate. The SK elections was postponed since it was deemed "operationally very difficult" to hold both...

Case Digest: Teves vs. Comelec

G.R. No. 180363               April 28, 2009 EDGAR Y. TEVES, vs. THE COMMISSION ON ELECTIONS and HERMINIO G. TEVES Facts: In Oct 2007, petitioner was officially disqualified to run for a congressional seat in the May 2007 election because of a Sandiganbayan decision rendered against him in 2005 involving a crime, allegedly, of moral turpitude. The Comelec likewise rendered the issue raised by...

Case Digest: Dibaratun vs. Comelec and Abubakar

G.R. No. 170365               February 2, 2010 ABDUL GAFFAR P.M. DIBARATUN vs.COMMISSION ON ELECTIONS and ABDUL CARIM MALA ABUBAKAR Facts:  The Comelec en banc ruled a failure of elections in precinct No. 6a/7a, Lanao del Sur on the second instance stated in Section 6 of the Omnibus Election Code, that is, the election in any polling place had been suspended before the hour fixed by law for the...