A. Relativity of due processB. Judicial standards of review1. Reasonable / Rational connection test Constitutional Questions? Purpose of the Law? What are the method? Test to use Legitimate Purpose Rational Relationship Rational Basis Test Important Purpose Substantial Relationship Intermediate Scrutiny Test Compelling Purpose Narrow Tailored/Least Restrictive Strict Scrutiny Test 2. Clear andContinue reading “III. Due Process, Article III, Section 1”
Category Archives: Contitutional Law 2
ISAE v Quisumbing – GR 128845, 1 Jun 2000
Facts: Private respondent International School, Inc. (the School, for short), pursuant to Presidential Decree 732, is a domestic educational institution established primarily for dependents of foreign diplomatic personnel and other temporary residents. To enable the School to continue carrying out its educational program and improve its standard of instruction, Section 2(c) of the same decreeContinue reading “ISAE v Quisumbing – GR 128845, 1 Jun 2000”
Tiu v CA – GR 127410, 20 Jan 1999
Facts: The constitutional rights to equal protection of the law is not violated by an executive order, issued pursuant to law, granting tax and duty incentives only to the business and residents within the “secured area” of the Subic Special Economic Zone and denying them to those who live within the Zone but outside suchContinue reading “Tiu v CA – GR 127410, 20 Jan 1999”
Gallardo v People – GR 142030 21 Apr 2005
Facts: The records show that the above-numbered case originated from a sworn letter-complaint filed with the Office of the Ombudsman-Mindanao by Atty. Victor dela Serna, for and in behalf of the Public Health Workers (PHWs) of Bansalan, Davao del Sur, charging herein petitioners Mayor Arturo A. Gallardo, Vice-Mayor Peter Melchor J. Arches, Sangguniang Bayan membersContinue reading “Gallardo v People – GR 142030 21 Apr 2005”
Abubakar v People, GR 202408; 202409, 27 Jun 2018
Facts: Petitioners was charged with of violation of the Anti-Graft and Corrupt Practices Act. The accused was found guilty of the said charged while some of their co-accused was acquitted. The accused then raised the issue of violation of the equal protection clause. Issue: Whether the right of petitioners Farouk B. Abubakar and Ulama S.Continue reading “Abubakar v People, GR 202408; 202409, 27 Jun 2018”
Nunez v Sandiganbayan – GR L-50581-50617 30 Jan 1982
Issue: Whether the Sandiganbayan proceedings violates petitioner’s right to equal protection, because: 1. appeal as a matter of right became minimized into a mere matter of discretion; 2. appeal likewise was shrunk and limited only to questions of law, excluding a review of the facts and trial evidence; and 3. there is only one chanceContinue reading “Nunez v Sandiganbayan – GR L-50581-50617 30 Jan 1982”
People v Hernandez – GR L-6025, 30 May 1964
Issue: 1. Whether being a member of the Communist Party is considered as a criminal act of conspiracy to commit rebellion as defined in the law. 2. Whether being a member of the Hukbalahap is considered as a criminal act of conspiracy to commit rebellion as defined in the law. Held: 1. No, Insofar asContinue reading “People v Hernandez – GR L-6025, 30 May 1964”
PASEI v Drilon, – GR 81958, 30 Jun 1988
Facts: The Department of Labor issued a deployment ban. Issue: Whether the Department Order No. 1, Series of 1988, of DOLE, in the character of “GUIDELINES GOVERNING THE TEMPORARY SUSPENSION OF DEPLOYMENT OF FILIPINO DOMESTIC AND HOUSEHOLD WORKERS,” violates the equal protection clause. Held: No, The petitioner has shown no satisfactory reason why the contestedContinue reading “PASEI v Drilon, – GR 81958, 30 Jun 1988”
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Ebralinag v. Division Superintended G.R. No. 95770, March 1, 1993
Facts: All the petitioners in these two cases were expelled from their classes by the public school authorities in Cebu for refusing to salute the flag, sing the national anthem and recite the patriotic pledge as required by Republic Act No. 1265 of July 11, 1955, and by Department Order No. 8 dated July 21,Continue reading “Ebralinag v. Division Superintended G.R. No. 95770, March 1, 1993”
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