Case Digest: Tolentino and Mojica vs. Comelec

G.R. No.  148334.  January 21, 2004

ARTURO M. TOLENTINO and ARTURO C. MOJICA vs. COMMISSION ON ELECTIONS, SENATOR RALPH G. RECTO and SENATOR GREGORIO B. HONASAN

FACTS:

Petitioners assailed the manner by which the simultaneous regular and special elections of 2001 were conducted by the COMELEC.Petitioners contend that, if held simultaneously, a special and a regular election must be distinguished in the documentation as well as in the canvassing of their results. Thirteen senators were proclaimed from the said election with the 13th placer to serve that of the remaining term of Sen. Guingona, who vacated a seat in the senate.

Petitioners sought for the nullification of the special election and, consequently, the declaration of the 13^th elected senator.

Issue:

1Whether or not  Court had jurisdiction.

2Whether or not the petition was moot.

3Whether or not petioners had locus standi.

4Whether a Special Election for a Single, Three-Year Term

Senatorial Seat was Validly Held on 14 May 2001

RULING:

On the issue of jurisdiction, Court had jurisdiction because what petitioners were questioning was the validity of the special election on 14 May 2001 in which Honasan was elected and not to determine Honasan’s right in the exercise of his office as Senator proper under a quo warranto.

On the issue of mootness, it was held that courts will decide a question otherwise moot if it is capable of repetition yet evading review.

On the issue of locus standi, the court had relaxed the requirement on standing and exercised our discretion to give due course to voters’ suits involving the right of suffrage, considering that the issue raised in this petition is likely to arise again

On the Validity of the Election, the Court held that the May 14, 2001 Election was valid.

The Court held that COMELEC’s Failure to Give Notice of the Time of the Special Election as required under RA 6645, as amended, did Not Negate the Calling of such Election. Section 2 of R.A. No. 6645 itself provides that in case of vacancy in the Senate, the special election to fill such vacancy shall be held simultaneously with the next succeeding regular election.   The law charges the voters with knowledge of this statutory notice and COMELEC’s failure to give the additional notice did not negate the calling of such special election, much less invalidate it. Further, there was No Proof that COMELEC’s Failure to Give Notice of the Office to be Filled and the Manner of Determining the Winner in the Special Election Misled Voters. IT could not be said that the voters were not informed since there had been other accessible information resources. Finally, the Court held that unless there had been a patent showing of grave abuse of discretion, the Court will not interfere with the affairs and conduct of the Comelec. 

Read More

Case Digest : National Power Corporation vs. Benjamin Ong Co

G.R. No. 166973

National Power Corporation vs. Benjamin Ong Co

February 10, 2009

Facts:

Petitioner expropriated respondent’s property for its Lahar Project, a project for public use

Petitioner established its claim on RA 6395, allowing it to exercise the right to eminent domain.

Complaint was filed at the RTC on June 27, 2001. On 25 March 2002, petitioner obtained a writ of possession and on 15 April 2002 it took possession of the property.

RTC ordered the compensation of the full market value of the land valued at P1,179,000.00, with interest at 6% per annum beginning 15 April 2002, the date of actual taking, until full payment. RA 8974 sets forth the payment of land’s full market value as distinguished to RA 6395 which entitles the land owner to only 10% of market value.

Petitioner argues that compensation should only be an easement fee and not the total value and that computation of compensation should be determined as of the date of the filing of the complaint (Rule 67).

Issues:

Whether or not compensation will be governed by provisions on RA 6395 or RA 8974? Who will determine?

Whether or not value of the property should be reckoned as of the filing of the complaint or actual taking of the land?

Held:

Court held that with regard to compensation, provisions on RA 8974 should govern. Rules and Regulations of R.A. No. 8974 explicitly include power generation, transmission and distribution projects among the national government projects covered by the law. R.A. No. 8974 should govern the expropriation of respondent's property since the Lahar Project is a national government project.

The Court also held that the function for determining just compensation remains judicial in character. It held that the courts have the power to determine cases relative to the violations on the guarantees provided by the Bill of Rights.

As to the amount to be given to respondent as compensation, the court agreed with petitioner that compensation should be computed as of the filing of complaint (2001) win compliance with Rule 67.

Read More

Case Digest: RUBRICO VS. ARROYO

G.R. NO. 183871

Rubrico vs. Arroyo

February 18, 2010

FACTS:

Rubrico, in her petition, said she was abducted on April 3, 2007 by armed men belonging to the 301st Air Intelligence and Security Squadron, based at the Philippine Air Force Field Station at Fernando Air Base in Lipa City, Batangas. During her detention, the petitioner added, her daughters Mary Joy Rubrico Carbonel and Jean Rubrico Apruebo were harassed by Senior Insp. Arsenio Gomez and that there were also armed men following them. The petitioners prayed that a writ of amparo be issued, ordering the individual respondents to desist from performing any threatening act against the security of the petitioners and for the Office of the Ombudsman (OMB) to immediately file an information for kidnapping qualified with the aggravating circumstance of gender of the offended party. It also prayed for damages and for respondents to produce documents submitted to any of them on the case of Lourdes.

The respondents then filed a joint return on the writ specifically denying the material inculpatory averments against them. Respondents interposed the defense that the President may not be sued during her incumbency.

Petitioners pleaded back to be allowed to present evidence ex parte against the President, et al.

By a separate resolution, the CA dropped the President as respondent in the case .

ISSUE:

WHETHER OR NOT the [CA] committed reversible error in dismissing [their] Petition and dropping President Gloria Macapagal Arroyo as party respondent.

HELD:

The presidential immunity from suit remains preserved under our system of government, albeit not expressly reserved in the present constitution. Addressing a concern of his co-members in the 1986 Constitutional Commission on the absence of an express provision on the matter, Fr. Joaquin Bernas, S.J. observed that it was already understood in jurisprudence that the President may not be sued during his or her tenure.

Settled is the doctrine that the President, during his tenure of office or actual incumbency, may not be sued in any civil or criminal case, and there is no need to provide for it in the Constitution or law. It will degrade the dignity of the high office of the President, the Head of State, if he can be dragged into court litigations while serving as such. 

The Court also affirmed the dismissal of the amparo case against other respondents for failure of the petition to  allege ultimate facts as to make out a case against that body for the enforced disappearance of Lourdes and the threats and harassment that followed.

Read More