PH Law Digest

Summary:  House Special Committee on Globalization conducted an inquiry into the negotiations of the JAPAN-PH Economic Partnership Agreement (JPEPA). In the course of its inquiry, the Committee requested some executive officials in particular Usec. Tomas Aquino, Chairman of the PH Coordinating Committee (the committee tasked to study the feasibility of the JPEPA) to furnish the Committee w/ a copy of the latest draft of the JPEPA. Requests were not met. Amid the speculations that the JPEPA might be signed by the PH gov't within Dec 2005, Petitioners (NGOs, Congresspersons, citizens and taxpayers) filed on Dec 9 before the SC,   a petition for mandamus and prohibition to obtain the full text of the JPEPA with all the pertinent attachments and annexes thereto including the PH and Japanese offers submitted during the negotiation process.    SC dismissed the petition for (1) the full text of the JPEPA   including its annexes and attachments has been made accessible ...

Summary: Two special civil actions for prohibition were filed before the SC. First one, GR 109289 assailed the constitutionality of RA 7496 aka Simplified Net Income Taxation Scheme (SNIT), saying that it violates Art 6, Sec 26(1), Art 6 Sec 28(1) and Art 3, Sec 1 of the Constitution. Second one, GR 109446 contended that the respondents have exceeded their rule-making authority in promulgating Sec 6, Revenue Regulations No. 2-93(applying SNIT to general professional partnerships), to carry out Republic Act No. 7496. SC dismissed both petitions. The first failed to show that the amedatory law violates the said constitutional provisions. The second,   for wrongly construing that the Sec 6,   Revenue Regulations No. 2-93 is imposing an income tax liability on GPP. ---------------------------------------- Ponente: VITUG, J. Facts: Petitioners Argument in G.R. No. 109289 (1) the title of House Bill No. 34314, progenitor of Republic Act No. 7496, is a misnomer or, at least, de...

Summary: As residents and taxpayers of Butuan City, Clementino Torralba and co. assailed the constitutionality of BP 56 as it violates Sec 3 Art XI of the 1973 Constitution. They contend that LGC (Local Government Code) must first be enacted before the Congress can create the new Municipality of Sibagat. SC, however, ruled otherwise, saying that the Sec 3 Art XI dos not proscribe nor prohibit the modifications of territorial and political subdivisions before the enactment of the LGC. ---------------------------------------- Ponente:  MELENCIO-HERRERA, J. Facts: Section 3, Article XI of the 1973 Constitution: Sec. 3. No province, city, municipality, or barrio may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the Local Government Code, and subject to the approval by a majority of the votes cast in a plebiscite in the unit or units affected. Petitioners' Argument: the Local Government Code must...

Summary: Congressman Bartolome Cabangbang wrote a letter alleging that there are “planners” who are controlling the petitioners to help fulfill the goal of  “an insidious plan”. The letter was addressed to the President and was likewise published in several newspapers. Plaintiffs instituted a libel case against Cabangbang. SC ruled that even though the letter is not within the purview of “speech or debate” of Art 6, Sec 15 of the 1935 Constitution, which protects the Congressman from suit, the allegation made in the letter was still insufficient to support the plaintiffs' action as the letter itself provided the possibility that the plaintiffs are just “unwitting tools” of the plan of “which they may have absolutely on knowledge”. ---------------------------------------- Ponente:  CONCEPCION, C.J. Facts : Plaintiffs Nicanor T. Jimenez, Carlos J. Albert and Jose L. Lukban instituted in the CFI Rizal a civil action for the recovery of several sums of money, by way of damages, ...

Summary: Knowing that Senator Lorenzo Tañada will file a resolution targeted against him, Senate President Jose Avelino and his partisans used dilatory tactics to prevent Senator  Tañada  from delivering his privilege speech. Before Senator  Tañada  could be recognized to speak, one of the SP's followers moved for the adjournment of the session. Opposition to it was raised, and a subsequent move to submit the motion to a vote was requested. No voting happened. SP just banged the gavel, declared the session adjourned, and walked out of the session hall. He was followed by 9 senators. 12 remained who decided to proceed with the session.  •    Senator  Tañada  delivered his privilege speech, and   Resolution No. 68 was submitted and unanimously approved. •     Senator Prospero Sanidad introduced Resolution No 67, declaring the the SP position vacant and designating Mariano Jesus Cuenco Acting SP. It was also unanimously ...

Summary: COMELEC disqualified petitioners from participating in the May 13 elections,  by denying their new petitions for registration, or by canceling of their existing registration or accreditation as party-list organizations. Petitioners assailed the decision before the SC. SC reversed its ruling in Bagong Bayani and Banat, and remanded the petitions to the COMELEC to determine again the qualifications of these organizations but this time based on the parameters the SC laid down in this case. SC ruled that limiting the party-lists system to the marginalized and underrepresented sectors violates Sec 5, Art 6 the 1987 Constitution and RA 7941. ---------------------------------------- Ponente: CARPIO J. Facts: COMELEC issued resolutions that denied or canceled the party-list registrations or the accreditation of the ff 13 organizations: ASIN, Manila Teachers, ALA-EH, 1AAAP, AKIN, AAB, AI, ALONA, KALIKASAN, GUARDIAN, PPP and PBB. Either the (1) the sectors they respectively repre...

Summary: Petitioner Kho Kim Cham filed a petition for mandamus wherein the petitioner prayed that the respondent judge Arsenio Dizon of the Court of First Instance of Manila be ordered to continue the proceedings in the civil case that was initiated when the country was under the Japanese regime. Respondent Judge Dizon reasoned that by virtue of the October 23 proclamation, he cannot continue the proceedings in the said case. The Supreme Court ruled in favor of the petitioner. The Supreme Court held that in accordance to international law the judicial acts and proceedings of the courts under the Japanese sponsored governments were valid and remained so even after the liberation or reoccupation of the Philippines by the US and Filipino forces. The October 23 proclamation did not cover the judicial processes.  ---------------------------------------- Ponente: FERIA, J. A petition for mandamus Facts: On January 2, 1942, the Imperial Japanese Forces occupied the City of Manila, and o...