Office of the Ombudsman: Is a final judicial pronouncement as to the guilt of a pardonee a requirement for the President to determine whether or not there has been a breach of the terms of a conditional pardon.
In the present case, the airing of the Garci Tapes is a protected expression that can never be subject to prior restraint.
The principal issue for resolution is whether the NTC warning embodied in the press release of 11 June constitutes an impermissible prior restraint on freedom of expression. Sealed Case27precisely to limit the scope of the presidential communications privilege.
Julia attacked the complaint and she said that it is Leouel who is incompetent. No law shall be passed abridging the freedom of speech, of expression, or the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. The senate thereafter issued a show cause order, unsatisfied with the reply, therefore, issued an Order citing Neri in contempt and ordering his arrest and detention at the Office of the Senate Sergeant-at-Arms until such time that he would appear and give his testimony.
Court of Industrial Relations. Second, the petitioner cannot be deemed to have served the May to term because he was ordered to vacate his post before the expiration of the term.
This is mandated by no less than the Constitution. The authority of local executives over the police units in their jurisdiction shall be provided by law.
During his stay, he desperately tried to locate his wife but to no avail. These are the twin postulates vital to the effective functioning of a democratic government. The NTC warning, embodied in a press release, relies on two grounds. Following the results of that elections, private respondent was not elected President for the second time.
Thus, the factual setting of this case markedly differs from that passed upon in Senate v. In such a case, no pardon may be extended before a judgment of conviction becomes final.
The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. Is Estrada disqualified to run for presidency in the May elections in view of the prohibition in the Constitution which states that: Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
Nature of Expression in the Present Case The public airing of the Garci Tapes is a protected expression because it does not fall under any of the four existing categories of unprotected expression recognized in this jurisdiction.
However, there is no claim here by respondents that the subject matter of the Garci Tapes involves national security and publicly airing the tapes would endanger the security of the State.
Subsequent punishment, absent a lawful defense, is the remedy available in case of violation of the Anti-Wiretapping Law.
Thus, there can be no prior restraint on public debates on the amendment or repeal of existing laws, on the ratification of treaties, on the imposition of new tax measures, or on proposed amendments to the Constitution.
There can be no content-based prior restraint on protected expression. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen 15 days from the date the case is deemed submitted for resolution of the court.
In this case, a permanent vacancy occurred in the office of the vice-mayor due to the retirement of Vice Mayor Mendoza. Respondent Committees Failed to Show That the Communications Elicited by the Three Questions Are Critical to the Exercise of their Functions The jurisprudential test laid down by this Court in past decisions on executive privilege is that the presumption of privilege can only be overturned by a showing of compelling needfor disclosure of the information covered by executive privilege.
Besides, a preamble is really not an integral part of a law. Aranes desisted but Court still decided the case. AOhowever, is merely directory and has been issued by the President consistent with his power of supervision over local governments.
The NTC threat is thus real and potent. Local fiscal autonomy does not rule out any manner of national government intervention by way of supervision, in order to ensure that local programs, fiscal and otherwise, are consistent with national goals.
Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight should be given to decisions of such appellate tribunal. The past cannot always be erased by a new judicial declaration.
A protected expression means what it says — it is absolutely protected from censorship. In other words, the information being elicited is not so critical after all. The NTC threat is thus real and potent.
The team was able to access Atty. So much so that the subsequent cases after Molina were ruled accordingly to the doctrine set therein. Whether or not the Resolution of the Municipal council is a substantial compliance of the statutory requirement of Section 19, RA in the exercise of the power of eminent domain.
A content-neutral restraint is a restraint which regulates the time, place or manner of the expression in public places without any restraint on the content of the expression. The airing of the Garci Tapes is essentially a political expression because it exposes that a presidential candidate had allegedly improper conversations with a COMELEC Commissioner right after the close of voting in the last presidential elections.
This is because curbing graft and corruption is merely an oversight function of Congress. b. The case involves a situation of exceptional character and is of paramount public interest; c.
The constitutional issue raised requires the formulation of controlling principles to guide the bench, the bar and the public; d. The case is capable of repetition yet evading review.
Adopting an Integrated Law Curriculum to Facilitate Cross-Border Law Practice in the Asia-Pacific Region. READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No.
August 18, ROMMEL C. ARNADO, Petitioner, vs. COMMISSION ON ELECTIONS AND FLORANTE CAPITAN, Respondents. Facts: Petitioner was charged with violation of Section 2 (4) of the revised securities act.
Respondent filed to cancel the passport of the petitioner and to. Business Law Kikuchi, Nikka Lei N. October 14, Cuadra v. Monfort Case Digest Statement of the facts: I.
Maria Teresa Cuadra and Maria Teresa Monfort were classmates in Grade Six at the Mabini Elementary School in Bacolod City. On July 9, their teacher assigned them, together with three other classmates, to weed the grass in the school premises.
read case digest here. republic of the philippines supreme court manila en banc g.r. no. 15 august salvador estipona, jr. y asuela, petitioner, vs.
hon. frank e. lobrigo, [ ].Case digest political law