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Ernesto Francisco vs House of Representative

GR No. 160261
FACTS :
On July 22, 2003, Former President Joseph E. Estrada filed an Impeachment
complain against Chief Justice Hilario Davide, Jr. For culpable violation of the
constitution, betrayal of public trust and other high crimes. The complaint was
submitted to the House of Representative and on Oct. 13, 2003 that the petion is
sufficient in form. but Oct. On 22, 2003, petition to dismissed voted for insufficient
of substance.
On Oct. 23,2003, the day after the committee voted to dismiss it, Rep. Gilberto
Teodoro and Rep. Fuentabella, filed an Impeachment complaint against CJ Davide.
Issue: Wether or not an Impeachment can be filed against the same person in 1
year.
Ruling:
It is true that Congress has the power to initiate cases of Impeachment in Artcle XI
Section 3 but in Article Artcle XI Section 3 (5) of the 1987 Constitution, no
Impeachment Trial can be filed more than once in 1 year against thesame official.

Alih vs. De Castro


Facts:
Zona was conducted by the group of men of Major Gen. De Castro in a compound
where the petitioner resides conducted illegal search and thereafter seized guns in
their residence. The group of Major De Castro was claiming that their operation is
legal because of the belief that the group of Alih is connected with the killing of
town Mayor Cesar Climaco.
Issue: Whether or not the seizure and warrantless arrest is illegal?
Held:
It is a violation of petitioners right, Group of Gen. De Castro has all the time to
secure warrant of arrest and it violates Alis right that there is a presumption of
innocence until proven guilty. It is a violation in the provision of the 1973
constitution Article 4 Section 3 and 4, that gives the protection to any person to
their own home, property and illegal search and seizure.

MANILA PRINCE HOTEL VS. GSIS


GSIS in response to the Govt. Privatization program, open Manila Hotel for Bidding.
There are 2 company who participated the Bidding. Manila Prince Hotel and Renong
Berhad (Malaysian company) The bid price of Manila Prince Hotel is P41.58/per
share while Renong Berhad bid is P44/share, which is higher by P2.42 , the highest
bidder of the Bidding.
Issue: Wether or Not the sale of Manila Hotel to Renong Berhad IS NOT VIOLATED
THE Filipino first policy?
Held/Ruling:
The Supreme Court says that in Article XII section 10, The State shall protect the
interest of the Filipino investor or the protection of the Filipino first policy. Aside
from the fact that Manila Hotel is not just a commodity, it serves as one of the
Lamdmarks of Phil. History, the SC ruled in favour of Manila Prine Hotel.

VALMONTE VS. BELMONTE


FACTS:
Valmonte, private respondent, wrote a letter to Atty. Feliciano Belmonte in his
capacity as the Gen. Manager and President of GSIS, requesting a copy of the list of
the opposition member of the Batasang Pambansa who obtain a clean loan of
P2Million each in guaranty of Mrs. Marcos. Valmonte also requested to GSIS the
copies of authenticated documents evidencing the loan. GSIS Atty. Feliciano
Belmonte referred the letter to Mr. Meynardo A. Trio, and he replied to the inquiry of
private respondent Valmonte, that they are protecting the confidentiality of their
client and a court order will be needed for them to give the copy of the documents
requested. Valmonte, in their second letter informed GSIS that they will file a case
against them if they refused to give their demand.
Issue:
Wether or not Valmonte as a private citizen can inquire request a copy of the list of
Batasan Pambansa opposition member who obtain a clean loan of 2M?
Held:
GSIS, is a trustee of Government and Government employee of their contribution,
undoubtedly its fund is public in character. And GSIS as a government agency in the
exercise of its duties, must give utmost prudence and in strict compliance with the
rules and regulations of the State. It is therefore the legitimate concern of the
people to ensure that their contribution are managed properly. And as the member
of the Batasang Pambansa they have the duty to ensure that the funds of GSIS are
properly manage.
Article 4 Section 6 of the 1973 Constitution , The right of people to information on
matters of public concern shall be recognized and accessed to official records.
The SC ruled that the public has the right for information as far as their contribution
to GSIS and allow Valmonte to have access to the documents.

REAGAN VS Commissioner of Internal Revenue


Reagan is a US Citizen assigned at Clark Air Base. He imported a 1960 Caddillac and
later on has the permission to sell to Willie Johnson Jr. As a result, the BIR ask him to
pay income taxes. He paid the taxes but he sought for a refund because he claim
that he is free from paying the taxes because the transaction took place on a
foreign soil, Clark Air Base.
Issue: Is the sale considered done in a foreign soil?
Held: The Philippine is independent and sovereign , its sovereignty maybe exercised
over its entire domain. There is no portion of Phil Territory that is beyond its power.
The base has not become aforiegn soil or territory.

PHIL. TERRITORY
The Philippine archipelago
With all the island and waters embraced therein
And all other territory over which the Phil. Has sovereignty or jurisdiction
Consisting of each
Terrestrial domains
Fluvial domains
And aerial domains
Including its
Territorial sea
The Seabed
The Subsoil
Insular shelves
And other submarine areas
The waters
Around
between
and connecting
The island of the Archepilago
Regardless of their breadt and dimensions
form part the internal water of the Philippines

We, the sovereign Filipino people, imploring the aid of our almighty God, in order to
build a just and humane society, to establish a Government that shall embodies our
ideals and aspiration, promote the common good, conserve and develop our
patrimony, and secure to ourselves and posterity the blessing of independence,
and democracy, underthe rule of law, a regime of truth, justice, freedom, love,
equality, and peace do ordain and promulgate this Constitution.

The National Territory


The Philippine Archipelago
With all the Island and waters embraced therein
With all other territories which the Philippines has sovereignty or jurisdiction
Consisting of its
Terrestrial
Fluvial and
Aerial domain
Including its
The Territorial sea
The Seabed
The Subsoil
The Insular Shelves and
Other Submarine areas
And waters
Around
Between and
Connecting
The Island of the Phil. Archipelago
Regardless of their breadt and dimensions
Form the internal waters of the Philippines

We, the sovereign, Filipino People, imploring the aidof Almighty God, in order to
build a just and humane society, to establish a Government that shall embody our
ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity in the blessing of
independence, and democracy, under the rule of law, justice, freedom, love and
equality , and peace do ordain and promulgate this constitution.

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