which was granted. Glorious then filed another motion to dismiss, which was AMERICAN INTER FASHION V OFFICE OF THE PRESIDENT duly noted by the court. Recit-Ready 4. Two years later, Glorious filed with the GTEB a petition for restitution of its In 1894, respondent Glorious was found guilty of dollar-salting and misdeclaration of export quota and requested for a reconsideration of the previous decision by importations by the GTEB, resulting to the cancellation of its allocated export quotas. the GTEB. In addition to alleging that it was denied due process, it also Glorious filed a petition for certiorari and prohibition contending that its right to due contended that the GTEB decision to cancel its quotas was due to duress process was violated but later on withdrew the said petition. However, on October 15, and threats from former Minister Ongpin in order to transfer Glorious’ quotas 1986, Glorious filed with the GTEB a petition for the restitution of its export quota to Marcos crony-owned corporations Del Soleil Apparel Manufacturing and allocation and requested for a reconsideration of the GTEB decision dated April 27, American Inter-Fashion Corporation (AIFC). This petition was denied. 1984. Glorious alleged that the charges against it were not supported by evidence and 5. Thereafter, an appeal was brought to the Office of the President. AIFC that the GTEB decision cancelling its export quotas was rendered as a result of sought to intervene claiming that the GTEB decision had long become final. duress, threats, intimidation and undue influence exercised by former Minister 6. The Office of the President ruled in favor of Glorious and remanded the case Roberto V. Ongpin in order to transfer Glorious' export quotas to "Marcos to GTEB for further proceedings. crony-owned" corporations De Soleil Apparel Manufacturing Corporation (DSA). GTEB ISSUE/S denied the petition and upon appeal to the OP, OP ruled in favor of Glorious, finding WON the previous GTEB decision constituted res judicata to the instant case on the the proceedings before the GTEB in 1984 irregular, and remanded the case to GTEB ground that the former decision was a final judgment on the merits. – NO for further proceedings. WON Glorious was accorded due process in relation to the 1984 GTEB decision. – NO The issue in this case is W/N the OP committed GAD in finding that there was a violation of Glorious’ right to procedural due process? The Court held that Glorious RATIO was denied due process when the GTEB failed to disclose evidence used by it in 1. Although AIFC admits that the 1984 GTEB decision failed to disclose to rendering a resolution against Glorious. And that the petitioner cannot use as an Glorious vital evidence used by GTEB in arriving at its conclusion that excuse the subsequent disclosure of the evidence used by the GTEB to Glorious in Glorious was guilty of dollar-salting, it contends that the subsequent 1987 to justify the 1984 GTEB resolution. Furthermore, the Court held that in disclosure in 1987, where relevant documents were given to Glorious and cancelling the export quotas of Glorious, GTEB violated the right to due process of that the latter was given an opportunity to comment thereon, cured the Glorious because in effect the private respondent's export quota allocation which defect. This contention by AIFC, the court holds as MISLEADING. initially was a privilege evolved into some form of property right which should not be 2. The SC recognized that the instant petition involves the 1984 resolution of removed from it arbitrarily and without due process only to hurriedly confer it on the GTEB. another. Thus, the decisions of the OP are not tainted with GAD as they outline in 3. AIFC cannot use as an excuse the subsequent disclosure of the evidence detail why Glorious was denied due process when its export quotas were cancelled by used by the GTEB to Glorious in 1987 to justify the 1984 GTEB resolution. GTEB. The glaring fact is that Glorious was denied due process when GTEB failed to disclose evidence used by it in rendering a resolution against Glorious. FACTS 4. Moreover, the documents disclosed to Glorious by GTEB in 1987 enhanced 1. In 1984, Glorious Sun (Glorious) was found guilty of dollar-salting and the charge that the former was denied due process. The data given showed misdeclaration of importations by the Garments and Textile Export Board that the price of Glorious was actually below the median. Apparently, the (GTEB), as a result of which, the export quotas allocated to it were cancelled. GTEB Investigating Panel picked up four importers whose prices were lower 2. Glorious then filed a petition for certiorari and prohibition contending that its than Glorious in order to show that the latter’s prices were the highest. right to due process of law was violated, and that the GTEB decision was not 5. Attention was also brought to the Puno affidavit and how AIFC claims that it supported by evidence. is an inconsequential matter in that the GTEB Board did not give credence to 3. The Court issued a resolution ordering GTEB to conduct further proceedings. it. To this the court replied that à Mr. Puno stated that he was pressured by However, Glorious subsequently filed a motion to withdraw its petition, Minister Ongpin, not the members of the Investigating Panel. Mr. Puno was the Chairman of the Investigating Panel. Hence, it is plausible that in view of ISSUE/s: his position he was the one pressured by Minister Ongpin. There is every 1. WoN respondent Ebdane is authorized to issue the assailed guidelines – reason to suspect that even before Glorious Sun was investigated, a YES decision to strip it of its quotas and to award them to friends of their 2. WoN whether the citizens’ right to bear arms is a constitutional right – NO administration had already been made. At the very least, Mr. Puno's 3. WoN the revocation of petitioner’s PTCFOR pursuant to assailed Guidelines "complete turn about" casts doubts on the veracity and fairness of the is a violation of his right to property - NO Investigating Panel's Report to GTEB which formed the basis for the 1984 4. WoN the issuance of the assailed Guidelines is a valid exercise of police GTEB decision. power - YES 6. Finally, the court held that although factual findings of administrative agencies are generally accorded respect, such factual findings may be RATIO: disregarded if they are not supported by evidence; where the findings are 1. It must be emphasized that President Arroyo's speech was just an initiated by fraud, imposition or collusion; where the procedures which lead expression of her policy and a directive to her subordinate. It cannot, to the factual findings are irregular; when palpable errors are committed; or therefore, be argued that President Arroyo enacted a law through a mere when grave abuse of discretion arbitrariness or capriciousness is manifest. speech. 7. Clearly, the right of Glorious to due process was violated. Glorious’ export 2. However, whenever a specific function is entrusted by law or regulation to quota allocation, which initially was a privilege, evolved into some form of her subordinate, she may act directly or merely direct the performance of a property right which should not be removed from it arbitrarily and without duty. Thus, when President Arroyo directed respondent Ebdane to suspend due process only to hurriedly confer it to another. the issuance of PTCFOR, she was just directing a subordinate to perform an assigned duty. Such an act is well within the prerogative of her office. CHAVEZ v ROMULO 3. Possession of firearms by the citizens in the Philippines is the exception, not the rule. The right to bear arms is a mere statutory privilege, not a FACTS: constitutional right. It is a mere statutory creation. 1. President Gloria Macapagal-Arroyo delivered a speech before the members 4. The first real firearm law is Act No. 1780 enacted by the Philippine of the PNP stressing the need for a nationwide gun ban in all public places Commission on October 12, 1907. It was passed to regulate the importation, to avert the rising crime incidents (recent issue is the death of an NPA acquisition, possession, use and transfer of firearms. The foregoing leader). She directed the then PNP Chief, respondent Ebdane, to suspend the provision was restated in Section 887 of Act No. 2711 that integrated the issuance of Permits to Carry Firearms Outside of Residence (PTCFOR) firearm laws. Thereafter, President Ferdinand E. Marcos issued P.D. No. 2. Acting on President Arroyo's directive, respondent Ebdane issued the 1866. It codified the laws on illegal possession, manufacture, dealing in, assailed Guidelines. Specific Instructions on the Ban on the Carrying of acquisition of firearms, ammunitions or explosives and imposed stiffer Firearms: penalties for their violation. R.A. No. 8294 amended some of the provisions a. All PTCFOR are hereby revoked. Authorized holders of licensed of P.D. No. 1866 by reducing the imposable penalties. firearms covered with valid PTCFOR may re-apply for a new 5. Being a mere statutory creation, the right to bear arms cannot be considered PTCFOR in accordance with the conditions hereinafter prescribed. an inalienable or absolute right. b. All holders of licensed or government firearms are hereby 6. Section 1, Article III of the Constitution provides that "no person shall be prohibited from carrying their firearms outside their residence deprived of life, liberty or property without due process of law." Petitioner except those covered with mission/letter orders and duty detail invokes this provision, asserting that the revocation of his PTCFOR pursuant orders issued by competent authority. to the assailed Guidelines deprived him of his "vested property right" without 3. Petitioner Francisco I. Chavez, a licensed gun owner to whom a PTCFOR has due process of law and in violation of the equal protection of law. been issued, requested the Department of Interior and Local Government 7. Where state law gives the issuing authority broad discretion to grant or deny (DILG) to reconsider the implementation of the assailed Guidelines. license application in a closely regulated field, initial applicants do not have However, his request was denied. Thus, he filed the present petition. a property right in such licenses protected by the Fourteenth Amendment. These cases enunciated that the test whether the statute creates a property right or interest depends largely on the extent of discretion granted to the relationship by consanguinity or affinity with co-employees or employees of issuing authority. competing drug companies. Should the management find such relationship 8. In our jurisdiction, the PNP Chief is granted broad discretion in the issuance as conflicting, the employee must resign. of PTCFOR. This is evident from the tenor of the Implementing Rules and 2. The Employee Code of Conduct of Glaxo also includes the prohibition of the Regulations of P.D. No. 1866 which state that "the Chief of Constabulary relationships and provides the consequences of transfer to another may, in meritorious cases as determined by him and under such conditions department or preparation for employment outside the company for six as he may impose, authorize lawful holders of firearms to carry them outside months. of residence." Following the American doctrine, it is indeed logical to say 3. Love prevailed. Tecson entered into a romantic relationship with Betsy, an that a PTCFOR does not constitute a property right protected under our employee of Astra Pharmaceuticals (Astra), Glaxo’s competitior. They Constitution. eventually married amidst the persistent warnings of Tecson’s supervisors. 9. Consequently, a PTCFOR, just like ordinary licenses in other regulated fields, 4. Glaxo then transferred Tecson to the Butuan City-Surigao City-Agusan del may be revoked any time. It does not confer an absolute right, but only a Sur sales area from his Camarines Sur-Camarines Norte area. Tecson personal privilege to be exercised under existing restrictions, and such as brought the matter to Glaxo’s Grievance Committee but was denied. may thereafter be reasonably imposed. 5. Tecson was paid his salary but was not issued samples of products that are 10. It is apparent from the assailed Guidelines that the basis for its issuance competing with Astra. He was also excluded from product conferences and was the need for peace and order in the society. Owing to the proliferation of seminars. crimes, particularly those committed by the New People's Army (NPA), which 6. When the parties submitted the matter for voluntary arbitration, Glaxo tends to disturb the peace of the community, President Arroyo deemed it offered Tecson separation pay of 50,000 but he declined. The National best to impose a nationwide gun ban. Undeniably, the motivating factor in Conciliation and Mediation Board (NCMB) rendered a decision declaring that the issuance of the assailed Guidelines is the interest of the public in Glaxo’s policy as valid general. 7. Tecson filed a petition for review with the Court of Appeals but the CA 11. The only question that can then arise is whether the means employed are declared that the NCMB did not err. The subsequent MR was also denied. appropriate and reasonably necessary for the accomplishment of the Hence, the petition. purpose and are not unduly oppressive. In the instant case, the assailed Guidelines do not entirely prohibit possession of firearms. What they ISSUE/S: proscribe is merely the carrying of firearms outside of residence. WON the CA erred in ruling that Glaxo’s policy against its employees marrying 12. However, those who wish to carry their firearms outside of their residences employees from competitor companies violates the equal protection clause of the may re-apply for a new PTCFOR. This we believe is a reasonable regulation. constitution – No 13. With the revocation of all PTCFOR, it would be difficult for criminals to roam around with their guns. On the other hand, it would be easier for the PNP to RATIO: apprehend them. 1. Glaxo’s policy of prohibiting relationships with competing companies is a 14. Notably, laws regulating the acquisition or possession of guns have valid exercise of management prerogative. Glaxo has a right to guard its frequently been upheld as reasonable exercise of the police power. trade secrets from competitors, especially so that it and Astra are rivals in a highly competitive pharmaceutical industry. Section 3 Article 13 of the EXECUTIVE SECRETARY V CA Constitution provides the right of enterprises to adopt and enforce policies necessary for reasonable returns and growth. 2. The challenged company policy does not violate the equal protection clause. DUNCAN ASSOC. V GLAXO It is a settled principle that the commands of the equal protection clause are addressed only to the state or those acting under its authority. Equal 1. Petitioner Tecson, as a medical representative, signed a contract of protection clause erects no shield against merely private conduct however employment with Duncan which stipulates that to avoid conflict of interest, discriminatory or wrongful. The only exception is if the state is involved in employees must disclose to the management any existing or future wrongful private conduct. 3. Glaxo does not impose an absolute prohibition against relationships. Its b. It is in direct conflict with Executive Order (E.O.) No. 648 which employees are free to cultivate relationships and marry persons of their transferred the exclusive jurisdiction of the National Housing choosing. What the company seeks to avoid is a conflict of interest to the Authority (NHA) to regulate the real estate trade and business to detriment of their profits and business success. the now Housing and Land Use Regulatory Board (HLURB), which 4. Tecson is also estopped from assailing the questioned policy because he authority includes the issuance of license to sell of subdivision signed the employment contract, knowing all the stipulations therein. owners and developers pursuant to Presidential Decree (P.D.) No. 5. There is also no merit in petitioner’s contention that he was constructively 957; dismissed. Constructive dismissal is defined as a quitting, an involuntary c. It violates the due process clause as it impinges on the real estate resignation with demotion in rank or pay. None of these conditions are developers’ most basic ownership rights, the right to use and present in the instant case. Glaxo properly exercised its management dispose property, which is enshrined in Article 428 of the Civil Code; prerogatives in reassigning Tecson to Butuan City. The proximity of the d. Section 28(a) of R.A. No. 9646 violates the equal protection clause areas of responsibility of Tecson and his wife in Bicol, renders learning by as no substantial distinctions exist between real estate developers one’s spouse of the other’s marketing strategies inevitable. and the exempted group mentioned since both are property owners dealing with their own property. REMMAN ENTERPRISES v PRC 5. On due process: Petitions claim that real estate developers (petitioner being one of them) are now burdened by law to employ licensed real estate FACTS: brokers to sell, market and dispose of their properties. Despite having 1. R.A. No. 9646, otherwise known as the “Real Estate Service Act of the invested a lot of money, time and resources in their projects, petitioners aver Philippines” was signed into law by President Gloria Macapagal-Arroyo. It that real estate developers will still have less control in managing their aims to professionalize the real estate service sector under a regulatory business and will be burdened with additional expenses. scheme of licensing, registration and supervision of real estate service 6. The RTC denied the issuance of the writ of preliminary injunction. Hence this practitioners. appeal. 2. Petitioners Remman Enterprises and Chamber of Real Estate and Builder’s Association (CREBA) instituted a civil case wherein they sought to declare ISSUE/S: as void and unconstitutional provisions of RA No. 9646. WON Sections 28(a), 29, and 32 of [R.A. No. 9646], insofar as they affect the rights of SEC. 32 (just one of the provisions they sought to declare as void real estate developers, are unconstitutional for violating substantive due process - NO under the Act). Corporate Practice of the Real Estate Service. (a) No partnership or corporation shall engage in the business of real RATIO estate service unless it is duly registered with the Securities and 1. There is no deprivation of property as no restriction on their use and Exchange Commission (SEC), and the persons authorized to act enjoyment of property is caused by the implementation of R.A. No. 9646. If for the partnership or corporation are all duly registered and petitioners as property owners feel burdened by the new requirement of licensed real estate brokers, appraisers or consultants engaging the services of only licensed real estate professionals in the sale 3. By virtue of the new law, real estate developers will now be compelled to hire and marketing of their properties, such is an unavoidable consequence of a the services of one licensed real estate broker for every twenty salespersons reasonable regulatory measure. to guide and supervise the coterie of salespersons under the employ of the 2. No right is absolute, and the proper regulation of a profession, calling, real estate developers. business or trade has always been upheld as a legitimate subject of a valid 4. According to petitioners, the new law is constitutionally infirm because: exercise of the police power of the State particularly when their conduct a. It violates Article VI, Section 26 (1) of the 1987 Philippine affects the execution of legitimate governmental functions, the preservation Constitution which mandates that “[e]very bill passed by Congress of the State, public health and welfare and public morals. shall embrace only one subject which shall be expressed in the title 3. To pretend that licensing or accreditation requirements violate the due thereof”; process clause is to ignore the settled practice, under the mantle of police power, of regulating entry to the practice of various trades or professions. 4. The legislature recognized the importance of professionalizing the ranks of entities. Aliens are required to present registration to the proper authorities a real estate practitioners by increasing their competence and raising ethical verified statement concerning their businesses. standards as real property transactions are “susceptible to manipulation and 2. Now, petitioner Lao Ichong, was a Chinese businessman in the markets of corruption, especially if they are in the hands of unqualified persons working Pasay City who seeks to declare the nullification of RA 1180 for it violates under an ineffective regulatory system.” the international and treaty obligations of the Republic of the Philippines. 5. RA No. 9646 is thus a valid exercise of the State’s police power. Property 3. Petitioner’s Contentions: The said Act is unconstitutional, and to enjoin the rights must bow to the primacy of police power because property rights, Secretary of Finance and all other persons acting under him, particularly city though sheltered by due process, must yield to general welfare and municipal treasurers, from enforcing its provisions. He contends that RA 6. R.A. No. 9646 was intended to provide institutionalized government support 1180 denies to alien residents the equal protection of the laws and deprives for the development of “a corps of highly respected, technically competent, of their liberty and property without due process of law. and disciplined real estate service practitioners, knowledgeable of internationally accepted standards and practice of the profession.” Real ISSUE/S: W/N Republic Act No. 1180 is a valid exercise of police power (YES) estate developers at present constitute a sector that hires or employs the largest number of brokers, salespersons, appraisers and consultants due to RATIO: YES. There is no question that the Act was approved in the exercise of the the sheer number of products (lots, houses and condominium units) they police power, but petitioner claims that its exercise in this instance is attended by a advertise and sell nationwide. violation of the constitutional requirements of due process and equal protection of 7. The foregoing shows that substantial distinctions do exist between ordinary the laws. property owners exempted under Section 28(a) and real estate developers like petitioners, and the classification enshrined in R.A. No. 9646 is Police Power - It has been said the police power is so far - reaching in scope, and it is reasonable and relevant to its legitimate purpose. There is no violation of the almost impossible to limit its sweep. It derives its existence from the very existence equal protection clause. The Court thus rules that R.A. No. 9646 is valid and of the State itself, and does not need to be expressed or defined in its scope. It is said constitutional. to be co-extensive with self-protection and survival, and as such it is the most positive 8. The equal protection of the law clause is against undue favor and individual and active of all governmental processes, the most essential, insistent and illimitable. or class privilege, as well as hostile discrimination or the oppression of Especially is it so under a modern democratic framework where the demands of inequality. It is not intended to prohibit legislation, which is limited either in society and of nations have multiplied to almost unimaginable proportions; the field the object to which it is directed or by territory within which it is to operate. It and scope of police power has become almost boundless, just as the fields of public does not demand absolute equality among residents; it merely requires that interest and public welfare have become almost all-embracing and have transcended all persons shall be treated alike, under like circumstances and conditions human foresight. both as to privileges conferred and liabilities enforced. 9. If classification is germane to the purpose of the law, concerns all members Otherwise stated, as we cannot foresee the needs and demands of public interest and of the class, and applies equally to present and future conditions, the welfare in this constantly changing and progressive world, so we cannot delimit classification does not violate the equal protection guarantee. beforehand the extent or scope of police power by which and through which the State seeks to attain or achieve interest or welfare. The Constitution do not define the ICHONG VS. HERNANDEZ et al scope or extent of the police power of the State. The State sets forth the limitations. FACTS: The most important limitations are the due process clause and the equal protection 1. Republic Act No. 1180 known as, “An Act to Regulate Retail Business” was clause. passed by the Congress. The said RA nationalizes the retail trade business by prohibiting against persons not citizens of the Philippines, as well as Due process clause – Art. III, 1987 Constitution. Section 1(1). – No person shall be associations, partnerships or corporations the capital of which are not deprived of life, liberty, or property, without due process of law, nor any person be wholly owned by citizens of the Philippines, from engaging directly or denied the equal protection of the laws. indirectly in the retail trade with the exception of U.S. citizens and juridical Equal protection clause – The equal protection of the law clause is against undue "supervisory, professional (engineers, analysts, mechanics, accountants, favor and individual or class privilege, as well as hostile discrimination or the nurses, midwives, etc.), technical, and confidential employees. oppression of inequality. It does not demand absolute equality among residents; it 6. PHILPHOS appealed the order to the Secretary of Labor and Employment merely requires that all persons shall be treated alike, under like circumstances and who rendered a decision through Undersecretary Bienvenido Laguesma conditions b oth as to privileges conferred and liabilities enforced. dismissing the appeal. 7. PHILPHOS moved for reconsideration but the same was denied; hence, the The Court resumed holding that the disputed law was enacted to remedy a real actual instant petition alleging denial of due process on the part of the DOLE to threat and danger to national economy posed by alien dominance and control of the which the mediator-arbiter was under. retail business and free citizens and country from dominance and control. ISSUE/S:
The enactment clearly falls within the scope of the police power of the State, thru Whether or not that PHILPHOS was denied due process in the proceedings before which and by which it protects its own personality and ensures its security and future. respondent Mediator-Arbiter - NO The law does not violate the equal protection clause of the Constitution because sufficient grounds exist for the distinction between alien and citizen in the exercise of RATIO the occupation regulated, nor the due process of law clause, because the law is The essence of due process is simply an opportunity to be heard or, as applied to prospective in operation and recognizes the privilege of aliens already engaged in the administrative proceedings, an opportunity to explain one's side or an opportunity to occupation and reasonably protects their privilege seek a reconsideration of the action or ruling complained of petitioner
Philippine Phosphate Fertilizer Corp. vs. Torres PHILPHOS agreed to file its position paper with the Mediator-Arbiter and to consider FACTS: the case submitted for decision on the basis of the position papers filed by the 1. PMPI filed with the DOLE a petition for certification election among the parties, there was sufficient compliance with the requirement of due process, as supervisory employees of PHILPHOS, alleging that as a supervisory union petitioner was afforded reasonable opportunity to present its side. registered with DOLE, it was seeking to represent the supervisory employees of PHILPHOS. Moreover, petitioner could have, if it so desired, insisted on a hearing to confront and 2. It was not opposed by petitioner, PHILPHOS, but they submitted a position examine the witnesses of the other party. But it did not; instead it opted to submit its paper with the Mediator-Arbiter stating that its management welcomed the position paper with the Mediator-Arbiter. Besides, petitioner had all the opportunity to creation of a supervisory employees union provided that the necessary ventilate its arguments in its appeal to the Secretary of Labor. requisites of law were properly observed and prayed for the exclusion of its superintendents and professional/technical employees from the PMPI YNOT v IAC supervisory union. FACTS: 3. Mediator-Arbiter Rodolfo S. Milado issued an order directing the holding of a 1. EO 626-A prohibiting interprovincial movement of carabaos and the certification election among the supervisory employees of petitioner, slaughtering of carabaos. excluding the superintendents and the professional and technical 2. Ynot transported six carabaos in a pump boat from Masbate to Iloilo, when employees. they were confiscated by the police station commander of Barotac Nuevo, 4. However, the PMPI filed an amended petition with the Mediator-Arbiter Iloilo, for violation of EO 626-A. wherein it sought to represent not only the supervisory employees of 3. Ynot sued for recovery, and the RTC issued a writ of replevin upon filing of petitioner but also its professional/technical and confidential employees. bond. RTC sustained confiscation, since they could not longer be produced, 5. The parties therein agreed to submit their respective position papers and to order the confiscation of the bond. consider the amended petition submitted for decision on the basis thereof 4. Ynot appealed the decision to the IAC, which upheld the RTC decision. and related documents. Mediator-Arbiter Milado issued an order granting the 5. Hence this petition. Alleging that the EO is unconstitutional as it violates the petition and directing the holding of a certification election among the due process.
ISSUE/s: 7. Punongbayan affirmed the voluntariness of her affidavit of desistance. The WoN EO 626-A violates due process– YES prosecution moved for the dismissal of the case. 8. Judge stated that the case was submitted for decision. RATIO: 9. Alonte filed an Urgent Motion for Bail (and other motions), but all were not 1. The minimum requirements of due process are notice and hearing, which acted upon by the Judge. generally speaking, may not be dispensed with because they are intended as 10. Alonte receieved a notice notifying him of the schedule of promulgation of a safeguard agasint official arbitrariness. the case. Concepcion denied having received such notice. The trial court 2. There are instances, previous judicial hearing may be omitted without then found both of the accused guilty of rape. violation of due process in view of the nature of the property involved or the 11. Petitoners now assail the decision of the trial court, alleging that there was urgency of the need to protect the general welfare from a clear and present GADALEJ, w/o affording the petitioners their right to due process. danger. ISSUE/S 3. In the instant case, the carabaos were arbitrarily confiscated by the police WON the petitioners were denied of their right to due process - YES station commander, were returned to the petitioner only after he had filed a complaint for recovery and given a supersedeas bond of P12,000., which RATIO was ordered confiscated upon his failure to produce the carabaos when The two (2) accused did not present any countervailing evidence during the trial. They ordered by the trial court. did not take the witness stand to refute or deny under oath the truth of the contents of 4. The executive order defined the prohibition, convicted the petitioner and the private complainant's aforementioned affidavit which she expressly affirmed and immediately imposed punishment, which were carried out forthright. The confirmed in Court, but, instead, thru their respective lawyers, they rested and measures struck at once and pounce upon the petitioner without giving him submitted the case for decision merely on the basis of the private complainant's so a chance to be heard, thus denying him the centures-old guarantee of called 'desistance' which, to them, was sufficient enough for their purposes. elementary fair play. 5. Due process is violated because the owner of the property confiscated is In order that an accused in a criminal proceedings is deemed to have been given the denied the right to be heard in his defense and is immediately condemned right to due process of law, the following requisites must be complied with before a and punished. decision is rendered:
ALONTE v SAVELLANO 1. the court or tribunal trying the case is clothed with jurisdiction to hear and determine the matter before it; FACTS: 2. that jurisdiction was lawfully acquired by it over the person of the accused; 1. An information for rape was filed against Alonte, mayor of Binan, and 3. that the accused is given the opportunity to be heard; and Concepcion, predicated on the rape of Punongbayan. 4. that judgment is rendered only upon lawful hearing 2. Punongbayan, through her counsel, filed a petition for a Change of Venue. During the pendency of such petition, Punongbayan executed an affidavit of The Solicitor General has aptly discerned a few of the deviations from what otherwise desistance. should have been the regular course of trial: 3. Petitioners moved to have the petition for change of venue be dismissed on 1. Petitioners have not been directed to present evidence to prove their the ground that it had become moot. defenses nor have dates therefore been scheduled for the purpose; 4. The Court granted the Petition for Change of Venue. 2. the parties have not been given the opportunity to present rebutting evidence 5. When the case was redocketed, Punongbayan still reiterated her decision to nor have dates been set by respondent Judge for the purpose; and abide by the Affidavit of Desistance. 3. petitioners have not admitted the act charged in the information so as to 6. Judge Savellano found probable cause for the issuance of warrants, the justify any modification in the order of trial. petitioners were then arraigned, both pleaded not guilty and waived their pre-trial. There can be no short-cut to the legal process, and there can be no excuse for not affording an accused his full day in court. Due process, rightly occupying the first and foremost place of honor in our Bill of Rights, is an enshrined and invaluable right that opportunity to meet the accusation against him, as he was not appraised that he was cannot be denied even to the most undeserving. also a respondent when he appeared before the City Prosecutor.
PEOPLE v CA ANIAG v COMELEC FACTS: FACTS: 1. Carampatana, Oporto & Alquizola, were chraged for allegedly raping AAA. 1. COMELEC issued Resolution No. 2323 (Gun Ban): rules and resolutions on 2. RTC found them guilty beyond reasonable doubt of the crime of rape. bearing, carrying and transporting of firearms or other deadly weapons, on However, Dela Cruz et al, were acquitted for failure of the prosecution to security personnel or body guards, on bearing arms by members of security prove their guilt beyond reasonable doubt. agencies or police organizations, and organization or maintenance of a. AAA and the accused gave conflicting testimonies reaction forces during the election period b. The accused denied raping AAA and stated that AAA consented to 2. Resolution No. 2327: summary disqualification of candidates engaged in having sex with the accused. gun-running, using and transporting of firearms, organizing special strike 3. The CA reversed the ruling of the RTC and acquitted the private respondents forces, and establishing spot checkpoints. a. It found that the prosecution failed to prove their guilt beyond 3. Mr. Serapio Tacad (Sergeant-at-Arms, House of Representatives) wrote to reasonable doubt petitioner (then Congressman of 1st District of Bulacan) to return the 2 b. It gave more credence to the version of the defense and ruled that firearms issued to him by the HoR AAA had consented to the sexual congress. a. Petitioner complied, instructed his driver, Ernesto Arellano, to pick c. CA also relied on the medical report which showed the presence of up the firearms from petitioner’s house in Valle Verde and return an old laceration on AAA’s genitalia, giving the impression that she them to Congress has had some carnal knowledge with a man before. 4. At 5pm, PNP set up a checkpoint 20m away from the entrance of Batasan ISSUE/S Complex WON the CA committed grave abuse of discretion in acquitting the private a. Flagged down Arellano, searched the car, and found the firearms respondents - YES b. The firearms were neatly packed in gun cases and placed inside a bag at the back of the car RATIO 5. COMELEC states that petitoner was given the right to be heard, as he was 1. The CA decision was a patent nullity for lack of due process and for having invited to enlighten the City Prosecutor regarding the circumstances leading been rendered with grave abuse of discretion amounting to lack of to the arrest of his driver and that he submitted a sworn statement regarding jurisdiction. the incident 2. AAA stated that the CA, totally disregarded her testimony, as well as the trial ISSUE/S court’s findings of fact and adopting only private respondent’s narration of WON petitioners were denied of their right to due process - YES facts. 3. The CA merely echoed the private respondent’s testimonies. RATIO 4. Due process requires that a tribunal must consider the entire evidence This does not satsify the requirement of due process, the essence of which is the presented, regardless of the party who offered the same. It cannot reasonable opportunity to be heard and submit evidence in support of one’s defense. acknowledge that of one party and ignore the other. Such is significant as It guarantees the observance of both procedural and substantive rights. the parties offered contradicting versions of the incident. 5. The CA did not provide any reason as to why the defense’s testimony should Petitioner was merely invited during the preliminary investigation of Arellano to have no weight at all or why it cannot be accorded any credence. corroborate the latter’s explanation. Petitioner was made to believe that he was not a 6. In reviewing rape cases, the lone testimony of the victim is and should be by party to the case, his written explanation was only intended to exculpate Arellano, not itself, sufficient to warrant of conviction if found to be credible. petitioner himself. Hence, it cannot be seriously contended that he was fully given the 7. Moreover, the defense of consensual sex was belatedly invoked by the accused, as they had not mentioned such in the pre-trial stage. 8. When the accused states that the act had been consensual, he now has the 2. Its duty is to prevent or arbitrate disputes which are submitted to the burden to prove as such. Secretary of Labor which are to be dealt by the Court for the sake of public interest, which is possible through reconciliation of parties and/or inducing ANG TIBAY v CIR them to settle by amicable agreement. 3. SC had the occasion to point out that CIR is not narrowly constrained by FACTS: technical rules of procedure, and CA No. 103 requires it to act according to 1. Petitioner Ang Tibay, a leather company, experienced shortage of leather justice and equity and substantial merits of the case, without regard to soles in 1938, making it necessary for Toribio Teodoro (owner) to technicalities or legal forms and shall not be bound by any technical rules of temporarily lay off some of its employees (who in this case, apparently are legal evidence but may inform its mind in such manner as it may deem just members of the National Labor Union Inc.). and equitable. 2. The NLU claims that Ang Tibay is guilty of unfair labor practices because 4. However, this does not entail that CIR is free from the rigidity of certain Teodoro is discriminating against the NLU and is unjustly favoring the procedural requirements most specially the fundamental and essential National Workers’ Brotherhood (company/employer union dominated by requirements of due process in trials and investigations of an administrative him) because nobody from NWB was included in those laid off. character. There are cardinal primary rights which must be respected even in 3. Aggrieved, the employees filed a case against Ang Tibay to the CIR, alleging proceedings: it of unfair labor practice, that Teodoro’s claim of shortage of leather is a. Right to a hearing, which includes the right to present one’s cause entirely falseand unsupported by records of the BOC and the Books of and submit evidence in support Accounts, and was only in fact a scheme to discharge members of the NLU b. Tribunal must consider evidence presented from work. CIR ruled in favor of NLU. c. Decision must have something to support itself 4. By appeal to the SC, the ruling was reversed after the SC found that there d. Evidence must be substantial was no merit to NLU’s contention. e. Decision must be based on evidence presented at a hearing 5. NLU then prays for the vacation of the judgment rendered by the SC with the f. Tribunal or body or any of its judges must act on its own following claims, among others: independent consideration of the law and facts of the controversy, a. That Teodoro’s claim of shortage of leather soles in ANG TIBAY is and not simply accept the views of a subordinate entirely false and unsupported g. The board or body should, in all controversial questions, render to b. Shortage of leather materials was but a scheme to systematically its decision in such manner that the parties to the proceeding can discharge all members of NLU from work know the various issue involved, and the reason for the decision c. NWB is dominated by Teodoro rendered 6. NLU hence filed for a Motion for New Trial, with which Ang Tibay filed an 5. Since there was a failure to grasp the fundamental issue involved due to opposition for. Hence, this motion. failure to receive all relevant evidence, the motion for a new trial was ISSUE/s: granted. WoN NLU was denied due process by the CIR. – YES Motion for new trial granted, case is remanded to the CIR with instruction that it ADMU v CAPULONG reopen the case, receive all such evidence as may be relevant, and otherwise proceed Recit Ready: in accordance with the requirements set forth. Lennie Villa, a neophyte of Aquila Legis Fraternity, died after undergoing the initiation RATIO: rights of the said fraternity. Another fresman student was hospitalized due to serious 1. CIR is a special court whose functions are stated in CA No. 103. It is more of injuries. The Dean of ALS created an Investigating Committee to take over, who an administrative board than a part of the integrated judicial system. It not eventually ruled on the dismissal of the respondent students who were involved in the only exercises judicial or quasi-judicial functions in the determination of incident. They filed a petition to the RTC who ruled in their favor, that enjoined ALS to disputes between employers and employees but its functions are far more dismiss them. However, upon appeal to the SC, the ruling was reversed, contrary to comprehensive and extensive, as far as issues are concerned with the defense of the respondent students (based from Ang Tibay case) that their right employers and laborers, landlords and tenants, among others. to due process was violated. No rights were violated by ALS, as all requirements of 9. March 1991, the Board found the reposndent students guilty. They acted as the Guzman case were met. master auxiliaries (auxies) during the initiation rights of Aquila Legis, and exercised “auxies privilege” which allows them to participate in physical DOCTRINE: An administrative proceeding conducted to investigate the students’ hazing. Imposition of penalty was left to the University Administration, due participation in a hazing activity need not be clothed with the attributes of a judicial to the unanimity among mebers of the Board on the penalty of dismissal. proceeding. 10. Fr. Bernas imposed the penalty of dismissal on all respondent students, but FACTS: excluded respondents Abas and Mendoza inasmuch as at the time the latter 1. Aquila Legis, a fraternity organized in the Ateneo Law School, held its resolution was promulgated, neither had as yet submitted their case to the initiation rights on Febrary 8-10, 1991 for students interested in joining its Board. ranks. Leonardo “Lennie” Villa (freshman) died of serious physical injuries at 11. The respondent students filed with the RTC a petition. Said trial court issued the Chinese General Hospital on Feb 10, 1991. a TRO enjoining petitioners from dismissing the students and stopping the 2. Another freshman victim Bienvenido Marquez was likewise hospitalized at former from conducting hearings relative to the incident. Upon expiration, Capitol Medical Center for acute renal failure occasioned by serious physical Dean del Castillo created a special board to investigate charges of hazing injuries inflicted upon him on the same occasion. against Abas and Mendoza. 3. Dean del Castillo created a Joint Administration-Faculty-Student 12. Respondent students filed a Supplemental Petition of certiorari, prohibition Investigating Committee which was tasked to investigate and submt a report and mandamus with a prayer for a TRO to include the members of the within 72 hours on the circumstances surrounding the death of Lennie special board as additional respondents to the original petition, which the through a notice on Feb 1991. The same notice asked for respondents to petitioners moved to strike out as the creation of such special board was submit written statements within 24 hours. totally not related to the original petition which alleged lack of due process in 4. Respondent students failed to file a reply, and were placed on preventive the investigations by the Disciplinary Board against respondfent students. suspension for the meantime. But eventually through a notice, the 13. RTC Judge ordered petitioners to reinstate respondent students, and Committee after receiving the written statements found a prima facie case ordered ALS to conduct special examinations in lieu of the final exams against respondent students for violation of Rule 3 of the Law School which the students were allegedly not allowed to take. Catalogue entitled “Discipline”. 14. May 1991 the special board investigating Abas and Mendoza concluded 5. February 20, 1991, petitioner Dean created a Disciplinary Board composed of their investigation and imposed the penalty of dismissal to the two. petitioners Judge Kapunan, J. Escolin, Atty. Herras, Fiscal Albar, and Atty. 15. Respondent RTC judge issued a TRO enjoining petitioners to remove Casis, to hear the charges against respondent students. respondent students from their roll of students. Hence, this special civil 6. A letter was sent the same day to the respondent students who were action of certiorari under rule 65 with the prayer of issuance of a TRO informed of their violation of Rule 3 of the Rules on Discipline contained in questioning the order of respondent judge. the Law School Catalogue. 7. Respondent students through counsel requested investigation against them ISSUE/S be temporarily suspended pending request for copies of evidence. WON the respondent studnets’ rights to due process were violated when Fr. Bernas 8. The respondent students were informed that: imposed the penalty of dismissal - NO a. Proceedings will be summary in nature, in accordance to the rules laid down in the case of Guzman v. NU RATIO b. Petitioners have no right to cross-examine neophytes 1. Respondent studnets’ rights in a school disciplinary proceeding (per Guzman c. Hazing not defined in the school catalogue shall be defined in v. NU, Alcuaz v. PSBA) have been meticulously respected by petitioners in accordance to the prosed bill of Sen. Lina (Senate Bill No. 3815) the various investigative proceedings held before they were expelled. d. Board will take into consideration the degree of participation of the 2. The respondents were using in their argument the Ang Tibay case, not the petitioners in the alleged hazing incident in imposing penalty Guzman case, which is applicable in the case at bar, which specifically deals e. Decision of the Board shall be appealable to the University with the minimum standard to be satisfied in the imposition of disciplinary President (F. Bernas) sanctions in academic institutions: a. Students must be informed in writing of the nature and cause of 9. The first formal hearing started late evening of January 20, 2014 and lasted any accusation against them until early morning the next day. Cudia was informed of the charge against b. That they shall have the right to answer the charges against them him, as to which he pleaded “Not Guilty.” with the assistance of counsel, if desired 10. The result was 8-1 in favor of a guilty verdict. Cadet Lagura was the lone c. They shall be informed of the evidence against them dissenter. Allegedly, upon the order of HC Chairman Cadet 1CL Mogol, the d. They shall have the right to adduce evidence in their own behalf Presiding Officer and voting members went inside a chamber adjoining the e. Evidence must be duly considered by the investigating committee courtroom for further deliberation. After several minutes, they went out and or official designated by the school authorities to hear and decide the Presiding Officer announced the 9-0 guilty verdict. Cudia was then the case informed of the unanimous votes finding him guilty of violating the Honor 3. The above requirements were met in this case. The respondents cannot Code. He was immediately placed in the PMA Holding Center until the argue that their right to procedural due process was denied because they are resolution of his appeal. not allowed to cross examine the neophytes. An administrative proceeding 11. Cudia filed a written appeal addressed to the HC Chairman which they conducted to investigate the students’ participation in a hazing activity need denied on the same day. not be clothed with the attributes of a judicial proceeding. 12. The Headquarters Tactics Group (HTG) conducted an informal interview to check the findings of the HC. CUDIA v SUPERINTENDENT OF PMA 13. Meanwhile, the HC forwarded the Formal Investigation Report to the Staff FACTS Judge Advocate (SJA) for review. 1. On November 14, 2013, the combined classes of the Navy and Air Force 1CL 14. Col. Briguez, the Commandant of Cadets, affirmed the HC findings and cadets had a lesson examination (LE) under Dr. Costales at the PMAFI recommended to Vice Admiral Edgar Abogado, then PMA Superintendent, Room. Per published schedule from the Headquarters Academic Group, the the separation from Cudia for violation of the First Tenet of the Honor Code. 4th period class in OR432 was from 1:30-3:00 p.m. (1330H-1500H), while the 15. On the same date, Special Orders No. 26 was issued by the PMA 5th period class in ENG412 was from 3:05-4:05 p.m. Headquarters placing Cadet 1CL Cudia on indefinite leave of absence 2. Five days later, Prof. Berong, of the 5th period class, issued a Delinquency without pay and allowances effective February 10, 2014 pending approval of Report against Cudia for being 2 mins later in his ENG412 class. his separation by the AFP-GHQ, barring him from future appointment and/or 3. Cudia received his DR and in his Explanation of Report dated December 8, admission as cadet, and not permitting him to qualify for any entrance 2013, Cadet 1CL Cudia reasoned out that: “I came directly from OR432 requirements to the PMA. Class. We were dismissed a bit late by our instructor Sir. 16. Two days later, Vice Admiral Abogado approved the recommendation to 4. Maj. Hindang meted to him the penalty of 11 demerits and 13 touring hours. dismiss Cadet 1CL Cudia. Cudia filed an appeal but the Headquarters He told Cudia that the basis for his punishment was that Dr. Costales did not resolved to deny Cudia’s appeal for lack of merit. dismiss her class late. 17. Cudia submitted a letter to the office of the Commandant of Cadets 5. Cudia addressed his Request for Reconsideration of Meted Punishment to reuesting his reinstatement" The matter was referred to Cadet Review and Maj. Leander, stating that he had no intention of being late. Appeals Board (CRAB) which upheld the decision. 6. Maj. Hindang submitted his reply to Maj. Leander and pointed out that, 18. Cudia ,wrote a letter to President Auino but the President sustained the based on his investigation, the 4th period class was not dismissed late. findings of the CRAB. CHR issued a resolution finding probable cause for Thus, sustaining the penalty imposed on Cudia. Human Rights violations. 7. Cudia was then informed that Maj. Hindang reported him to the HC for ISSUE/S violation of the Honor Code. Cudia then submitted his letter of explanation WON Cudia was denied of his right to due process - NO on the Honor Report. 8. The HC constituted a team to conduct a preliminary investigation on the RATIO reported honor violation of Cadet 1CL Cudia. They then recommended for 1. The determination of whether the PMA cadet has rights to due process, the case to be formalized. education, and property should be placed in the context of the Honor Code. All the administrative remedies were exhausted. A student of a military academy must be prepared to subordinate his private interest for the proper 10. He was then given the opportunity to explain the report against him. He was functioning of the institution. The PMA may immose disciplinary measures informed about his options and the entire process that the case would and punishments as it deems fit and consistent with the peculiar needs of undergo. The preliminary investigation immediately followed after he replied the institution. PMA has regulatory authority to administratively dismiss and submitted a written explanation. erring cadets. PMA has a right to invoke academic freedom in the 11. Upon its completion, the investigating team submitted a written report enforcement of the internal rules and regulations. together with its recommendation to the HC Chairman. The HC reviewed the 2. The court is part of the checks and balance machinery mandated by Art. 8 findings and recommendations. of the Constitution. The court’s mandate according to Section 1 Article 8 is 12. When the honor case was submitted for formal investigation, a new team expanded that the duty of the courts is not only to settle actual controversies was assigned to conduct the hearing. During the formal involving rights which are legally demandable and enforceable but also to investigation/hearing, he was informed of the charge against him and given determine whether or not there has been a grave abuse of discretion on the the right to enter his plea. part of any branch or instrumentality of the Government, even if the latter 13. He had the chance to explain his side, confront the witnesses against him, does not exercise judicial, quasi-judicial or ministerial functions. No one is and present evidence on his behalf. After a thorough discussion of the HC above the law, including the military, especially in violations of voting members, he was found to have violated the Honor Code. Thereafter, Constitutionally guaranteed rights" the guilty verdict underwent the review process at the Academy level - from 3. As the primary training and educational institution of the AFP, it certainly has the OIC of the HC, to the SJA, to the Commandant of Cadets, and to the PMA the right to invoke academic freedom in the enforcement of its internal rules Superintendent. and regulations, which are the Honor Code and the Honor System in 14. It is well settled that by reason of their special knowledge and expertise particular. The Honor Code is a set of basic and fundamental ethical and gained from the handling of specific matters falling under their respective moral principles. It is the minimum standard for cadet behavior and serves jurisdictions, the factual findings of administrative tribunals are ordinarily as the guiding spirit behind each cadet's action. It is the cadet's accorded respect if not finality by the Court, unless such findings are not responsibility to maintain the highest standard of honor. Throughout a supported by evidence or vitiated by fraud, imposition or collusion. cadet's stay in the PMA, he or she is absolutely bound. 4. We have been consistent in reminding that due process in disciplinary cases MORTEL v KERR involving students does not entail proceedings and hearings similar to those Recit Ready: prescribed for actions and proceedings in courts of justice. Salvador Kerr instituted a complaint for foreclosure of Mortgage against Mortel. The 5. A formal trial-type hearing is not, at all times and in all instances, essential to pre-trial was reset 4 times but on the 5th setting, Mortel and his counsel were not due process - it is enough that the parties are given a fair and reasonable present. Hence, the trial court set Mortel in default and eventually ruled in favor of opportunity to explain their respective sides of the controversy and to Kerr. He was to pay his obligation in the amount of P130,000, Atty’s fees of P20,000, present supporting evidence on which a fair decision can be based. and his house (which was mortgaged) was to be auctioned and the proceeds would 6. The PMA Honor Code explicitly recognizes that an administrative go to the payment of obligations. A series of events happened, urging Mortel to proceeding conducted to investigate a cadet's honor violation need not be change counsel’s a few times. His motions and appeals were denied by the RTC (for clothed with the attributes of a judicial proceeding. prescription) and the CA, which urged him to file a petition for review on certiorari 7. While cadets are interested in legal precedents in cases involving Honor assailing the CA’s dismissal of his petition for review on certiorari. The Court then violations, those who hold the Spirit of the Honor Code dare not look into reversed the decision of the lower courts, stating that Mortel should not be deprived these precedents for loopholes to justify questionable acts and they are not of his day in court and of his property because of the negligence and fault of his to interpret the system to their own advantage. counsel. 8. Like in other institutions of higher learning, there is aversion towards undue judicialization of an administrative hearing in the military academy. FACTS: 9. In this case, the investigation of Cadet 1 CL Cudia' s Honor Code violation 1. On July 19, 2000, respondent Kerr instituted a complaint for foreclosure of followed the prescribed procedure and existing practices in the PMA. He mortgage against petitioner Mortel, who filed an answer on August 2000 was notified of the Honor Report from Maj. Hindang. through Atty. Mas of the Public Attorney’s Office (PAO). 2. The pre-trial was reset 4 times but on the 5th setting, both Mortel and Atty. ISSUE/S: Mas were not around when the case was called. W/N the negligence of Mortel’s previos counsels should bind him – NO. 3. The RTC declared Mortel in default, and allowed Kerr to present evidence. W/N Mortel was deprived of his property without due process of law – YES 4. On Dec 2000, Atty. Tumulak filed a notice of appearance on behalf of Mortel but the RTC did not act on it. It rendered a judgment in favor of Kerr on Feb RATIO: 2001, ordering Mortel to pay the sum of P130,000 with interest, and P20,000 1. As a rule, a client is bound by his counsel’s conduct, negligence and mistake in attorney’s fees. The house and lot which was mortgaged was to be sold at in handling a case. But the rule admist of exceptions. a public auction and proceeds applied to the obligation and cost of the suit. 2. The Court then cited several cases (3, to be exact) wherein negligence of the 5. In March 2001, Mortel, through Atty. Lacambra, filed a motion for a new trial. counsel is so gross that the client was deprived his day in court, also The next day, Atty. Mas filed his withdrawal of appearance. depriving the client of his property without due process of law. 6. In April, RTC denied Mortel’s motion of new trial because of prescription. 3. The relevant question becomes, therefore, whether the negligence of 7. In May 2001, Mortel, this time through Atty. Tumulak, filed a verified petition Mortel’s counsels was so gross and palpable as to deprive him of his for relief from judgment under Rule 39 of the Rules of Court. property without due process of law. 8. In August, this was again denied due to prescription (exceeded 4 days). 4. Mortel did not have his day in court because on the 5th setting, he was 9. In November 2001, Mortel moved for reconsideration of the denial of his unable to submit his evidence after the RTC declared him in default. petition for relief. 5. He explained that he was actually there but was only late, which the Court 10. In December 2001, RTC granted Atty Mas and Atty Lacambra’s withdrawal, believed as he was present on the previous settings. and finally recognized Atty. Tumulak as only counsel. 6. In Leyte v. Cusi, the Court stated that “There are instances when a party may 11. In January 2002, the RTC treated MortelÊs motion for reconsideration as a be properly defaulted, but such instances should be the exception rather mere scrap of paper and ordered it stricken from the records for failure of than the rule and should be allowed only in clear cases of a litigant’s the counsel to serve a notice of hearing with the motion for reconsideration. obstinate refusal or ordinate neglect to comply with the orders of the court.” 12. Mortel filed an urgent motion for reconsideration which was again denied for 7. Without such a showing, the litigant must be given every reasonable being moot and academic. opportunity to present his side and to refute the evidence of the adverse 13. Subsequently, on June 20, 2002, RTC issued a writ of execution and Kerr party in deference to due process of law. was placed in possession of the property. 8. The negligence that actually warrants the undoing of the RTC’s decision was 14. On August 2002, Mortel, through Atty. Tumulak, filed in the CA a petition for serial on the part of Atty. Mas, the RTC and Atty. Tumulak. review on certiorari with prayer for the issuance of a restraining order. 9. The reason of the RTC’s actions upon a matter as essential to the client and 15. On September, the CA dismissed said petition for failing to state the material to the administration of justice in the case as the substitution of counsel is dates showing that the petition had been filed w/in the reglementary period, not easy to appreciate, especially because the RTC tendered no good reason violating Section 6(d) Rule 43 of the Rules of Court. for it. 16. On October, Mortel sought for reconsideration but was denied on November 10. Atty. Tumulak’s further moves to rectify the situation, no matter how well for lack of merit, and for availing himself of the remedy of petition for review intentioned, were contrary to the pertinent rules of procedure and worked when he should have filed a petition for certiorari instead. against the client’s interest. 17. Instead of appealing via petition for review of certiorari in the SC, Mortel, 11. The negligence and mistakes committed by his several counsels were so through Atty. Tumulak, filed in the CA on December an urgent motion for gross and palpable that they denied due process to Mortel and could have extension of time to appeal to the SC. On the same month, Mortel took the cost him his valuable asset. matters into his own hands and by himself sought an extension of time to 12. Mortel stated that he had already paid the principal of the loan and the file a petition for review on certiorari. interest, submitting in support of his statement a receipt for P200,000.00 18. On January 2003, the Court granted said motion. A few days after, Mortel, that Kerr had allegedly signed. He also stated that he had actually overpaid still by himself, filed his petition for review on certiorari assailing the CA’s in view of his arrangement for Kerr to withdraw P6,000.00 each month from dismissal of the same petition. Mortel’s bank account as payment of the interest.
13. In Apex Mining Inc. v. CA, it was held that “when the incompetence, 7. A series of amended TPOs and extensions were granted because Jesus ignorance or inexperience of counsel is so great and the result is so serious would not comply with those indicated, he continued to harass them. that the client, who otherwise has a good cause, is prejudiced and denied his 8. There were incidents such as attempted kidnapping on the two youngest day in court, the client deserves another chance to present his case; hence, boys, and physical abuse and threats on Jo-Ann, the eldest. She the litigation may be reopened for that purpose. Also, when an unsuccessful subsequently filed a criminal complaint against her father for violation of RA party has been prevented from fully and fairly presenting his case because 7610, or the Special Protection of Children Against Child Abuse Exploitation of his attorney’s professional delinquency or infidelity the litigation may be and Discrimination Act. reopened to allow the party to present his side. Lastly, where counsel is 9. Jesus filed before the CA a petition for prohibition with prayer for injunction guilty of gross ignorance, negligence and dereliction of duty, which resulted and temporary restraining order, challenging (1) the constitutionality of RA in the client’s being held liable for damages in a damage suit, the client is 9262 for being violative of due process and equal protection, and (2) the deprived of his day in court and the judgment may be set aside on such validity of the modified TPO issued in the civil case for being “an unwanted ground.” product of an invalid law”. 14. Court litigation is primarily a search for truth, and a liberal interpretation of 10. The CA then issued a 60-day TRO against said TPOs, but dismissed the the rules that gives to both parties the fullest opportunity to adduce proof is petition for failure of Jesus to raise the constitutional issue in his pleadings the best way to ferret out such truth. before the trial court in the civil case, which is clothed with jurisdiction to 15. To cling to the general rule of having the ignorance, negligence and resolve the same. dereliction of duty of the counsel bind the client is only to condone rather ISSUE/S than to rectify a serious injustice to a party whose only fault was to repose WoN RA 9262 is violative of substantive due process – NO his faith and entrust his cause to his counsel. RATIO: GARCIA V DRILON 1. The intent of Congress in enacting RA 9262 was to curb domestic violence FACTS: against women and children, as statistics show that they are those usually 1. On March 2004, Congress enacted RA 9262 entitled “An Act Defining victimized in families. Violence Against Women and Their Children, Providing for Protective 2. RA 9262 contains sections giving the courts authority to issue Temporary Measures for Victims, Prescribing Penalties Therefor, and for Other Protection Orders, to prevent further acts of violence against women and Purposes”. their children. Its purpose is to safeguard the offended parties from further 2. Rosalie Jaype-Garcia filed in her and her minor children’s behalf a TPO harm, minimize any disruption in their daily life and facilitate the opportunity against her husband, Jesus pursuant to RA 9262. She claimed to be a victim and ability to regain control of their life. of physical, emotional, psychological abuse as a result of marital infidelity. 3. Since “time is of the essence in cases of VAWC if further violence is to be 3. Jesus was very strict, even stopped Rosalie from pursuing her career as a prevented”, courts can issue ex parte a TPO after raffle but before notice and lawyer. Things turned for the worse when Jesus started having an affair with hearing when the life, limb or property of the victim is in jeopardy, or when a bank manager of Robinson’s bank, Bacolod. the violence is likely to recur. 4. Threats were made regarding halting financial support because Rosalie 4. The removal and exclusion of Jesus in the VAWC case from the residence of intended to file a case against her husband’s paramour. He beat her up and Rosalie, regardless of ownership of the residence, is not unconstitutional. her daughter, and left them. Jesus may be removed and excluded from the residence, but only 5. Finding reasonable ground to believe that an imminent danger of violence temporarily for the purpose of protecting Rosalie. against Rosalie and her children exists or is about to recur, the RTC of 5. Such removal and exclusion may be permanent only when no property rights Bacolod issues a TPO. are violated. 6. The TPO included things like prohibiting him from being within 1000 meters 6. From the foregoing, it can be seen that the two requisites for substantial due from them and their help, drivers and conjugal home., giving monthly process are present: national interest which is curbing of domestic violence support, letting the family use 2 cars, giving up all his firearms and etc. against women and children, and the law RA 9262 which includes the issuance of TPOs, to protect the victims of this kind of abuse. 7. VAWC is constitutional. her child whether legitimate or illegitimate, within ○ It was found in the deliberations of the legislation that men be or without the family abode, which result or is denied protection under the same measure. This means that going likely to result in physical, sexual, psychological into the wisdom of the legislature would constitute a political harm or suffering, or economic abuse including question. threats of such acts, battery, coercion, 8. VAWC does not violate the guarantee of equal protection of laws. harassment, arbitrary deprivation of liberty ○ The Constitutional guarantees equality, not identity of rights. ● Kinds of violence: Physical violence, sexual ○ Four requisites of equal protection, and as seen in the case: violence, psychological violence, economic abuse i. Substantial distinction - Unequal power relationship 9. VAWC is not violative of the due process clause of the Constitution. between men and women ○ Jesus is saying that he wasn’t afforded due process because a ● Philippine Commission on women: gender-based protection order was issued against him. violence ○ Protection order: order issued to prevent further acts of violence ● Violence against women is a form of man’s against women and their children, their family, or household experession of controlling women to retain power members, and to grant other necessary reliefs. ● UN (Resolution 48/104) in Declaration on ○ Since time is of the essence in cases of VAWC if further violence is Elimination of Violence Against Women: violence to be prevented, the court is authorized to issue ex parte a TPO” against women is a manifestation of historically Court says that there need not be any fear that the judge may have unequal power relations between men and no rational basis to issue an ex parte order, because the victim women (Rosalie) is required not only to verify allegations in the petitions, ● o VAWC aims to address discrimination brought but also to attach witness affidavits. about by biases and prejudices against women ○ Besides, even if it is ex parte, the court orders that notice be given ● CEDAW: correcting discrimination through to the respondent directing him to file an opposition within five specific measured focused on women does not days from service. discriminate against men. ○ To be heard does not always mean oral arguments, it can also be ● This is all in achieving the elimination of through pleadings prejudices which are based on the idea of the inferiority of women to men. LEGASPI V CITY OF CEBU ii. Classification is germane to the purpose of the law ● VAWC Declaration of policy: the State is exerting FACTS: all efforts to address violence against women 1. On January 27, 1997 the Sangguniang Panlungsod of the City of Cebu and children in keeping with the UDHR, and enacted Ordinance No. 1664 to authorize the traffic enforcers of Cebu City CEDAW to immobilize any motor vehicle violating the parking restrictions and iii. Classification is not limited to existing conditions only, and prohibitions defined in the Traffic Code of Cebu City. apply to all members 2. On July 29, 1997, Atty. Bienvenido Jaban (Jaban,Sr.) and his son Atty. ● VAWC applies equally to women and children Bienvenido Douglas Luke Bradbury Jaban (Jaban,Jr.) brought suit in the RTC who suffer violence and abuse against the City of Cebu, then represented by Hon. Alvin Garcia, its City ● Definition of “violence against women and Mayor, the Sangguniang Panlungsod of Cebu City and its Presiding Officer, children:” any acts or series of acts committed by Hon. Renato V. Osme, and the chairman and operatives or officers of the ANY PERSON against a woman who is his wife, City Traffic Operations Management (CITOM),seeking the declaration of former wife, or against a woman with whom the Ordinance No. 1644 as unconstitutional for being in violation of due process person has or had a sexual or dating relationship, and for being contrary to law, and damages. or with whom he has a common child, or against 3. Their complaint alleged that on June 23, 1997, Jaban Sr. had properly parked the streets, alleys and sidewalks, which were precisely the subject of Ordinance No. his car in a paying parking area on Manalili Street, Cebu City to get certain 1664 in avowedly aiming to ensure "a smooth flow of vehicular traffic in all the streets records and documents from his office and after less than 10 minutes, he in the City of Cebu at all times" (Section 1). had found his car being immobilized by a steel clamp. His car was impounded for three days, and was informed at the office of the CITOM that Ordinance No. 1664 was far from oppressive and arbitrary. Any driver or vehicle he had first to pay P4,200.00 as a fine to the City Treasurer of Cebu City for owner whose vehicle was immobilized by clamping could protest such action of a the release of his car but such imposition the fine was without any court traffic enforcer or PNP personnel enforcing the ordinance. Section 3 of Ordinance No. hearing and without due process of law. He was also compelled to 1664, supra, textually afforded an administrative escape in the form of permitting the payP1,500.00 (itemized as P500.00 for the clamping andP1,000.00 for the release of the immobilized vehicle upon a protest directly made to the Chairman of violation) without any court hearing and final judgment; CITOM; or to the Chairman of the Committee on Police, Fire and Penology of the City 4. That on May 19, 1997, Jaban, Jr. parked his car in a very secluded place of Cebu; or to Asst. City Prosecutor Felipe Belciña–officials named in the ordinance where there was no sign prohibiting parking; that his car was immobilized by itself. The release could be ordered by any of such officials even without the payment CITOM operative and that he was compelled to pay the total sum of the stipulated fine. ofP1,400.00 for the release of his car without a court hearing and a final judgment rendered by a court of justice. Secondly, the immobilization of a vehicle by clamping pursuant to the ordinance was 5. On August 11, 1997, Valentino Legaspi (Legaspi) likewise sued in the RTC not necessary if the driver or vehicle owner was around at the time of the the City of Cebu, demanded the delivery of personal property, declaration of apprehension for illegal parking or obstruction. In that situation, the enforcer would nullity of theTraffic Code of Cebu City, and damages. simply either require the driver to move the vehicle or issue a traffic citation should 6. He averred that on the morning of July 29, 1997, he had left his car the latter persist in his violation. The clamping would happen only to prevent the occupying a portion of the sidewalk and the street outside the gate of his transgress or from using the vehicle itself to escape the due sanctions. And, lastly, house to make way for the vehicle of theanayexterminator, upon returning the towing away of the immobilized vehicle was not equivalent to a summary outside, his car was towed by the group even if it was not obstructing the impounding, but designed to prevent the immobilized vehicle from obstructing traffic flow of traffic. in the vicinity of the apprehension and thereby ensure the smooth flow of traffic. The 7. The cases were consolidated. The RTC rendered its decision declaring owner of the towed vehicle would not be deprived of his property. Ordinance No. 1664 as null and void The clamping of the petitioners’ vehicles pursuant to Ordinance No. 1664 (and of the 8. The City of Cebu and its co-defendants appealed to the CA. The CA reversed vehicles of others similarly situated) was of the same character as the aforecited the decision of the RTC declaring the Ordinance No. 1664 valid. established exceptions dispensing with notice and hearing. As already said, the 9. Upon the denial of their respective motions for reconsideration the Jabans immobilization of illegally parked vehicles by clamping the tires was necessary and Legaspi came to the Court via separate petitions for review on certiorari. because the transgressors were not around at the time of apprehension. Under such
circumstances, notice and hearing would be superfluous. Nor should the lack of a ISSUE/S trial-type hearing prior to the clamping constitute a breach of procedural due process, WON Ordinance 1664 is valid - YES forgiving the transgressors the chance to reverse the apprehensions through a timely WON said ordinance violates due process - NO protest could equally satisfy the need for a hearing. In other words, the prior
intervention of a court of law was not indispensable to ensure compliance with the RATIO guarantee of due process. Even under strict scrutiny review, Ordinance No. 1664 met the substantive tests of validity and constitutionality by its conformity with the limitations under the Constitution and the statutes, as well as with the requirements of fairness and reason, and its consistency with public policy.
To us, the terms encroachment and obstacles used in Section 458 of the LGC, supra,
were broad enough to include illegally parked vehicles or whatever else obstructed PHIL. COMMUNICATIONS SATELLITE CORP. V ALCUAZ FACTS ISSUE: 1. By virtue of Republic Act No. 5514, PHILCOMSAT was granted "a franchise Whether the Respondent violates procedural due process for having been issued to establish, construct, maintain and operate in the Philippines, at such without prior notice and hearing in exercising its power to fix the rate of the places as the grantee may select, station or stations and associated Petitioner? equipment and facilities for international satellite communications." Under this franchise, it was likewise granted the authority to "construct and operate RATIO such ground facilities as needed to deliver telecommunications services 1. It may be stated as a general rule that notice and hearing are not essential to from the communications satellite system and ground terminal or the validity of administrative action where the administrative body acts in the terminals." exercise of executive, administrative, or legislative functions; but where a 2. Petitioner was exempt from the jurisdiction of the then Public Service public administrative body acts in a judicial or quasi-judicial matter, and its Commission, now respondent NTC. acts are particular and immediate rather than general and prospective, the 3. However, pursuant to Executive Order No. 196 placed under the jurisdiction, person whose rights or property may be affected by the action is entitled to control and regulation of respondent NTC, including all its facilities and notice and hearing. services and the fixing of rates. 2. The order in question which was issued by respondent Alcuaz no doubt 4. Implementing said Executive Order No. 196, respondents required petitioner contains all the attributes of a quasi-judicial adjudication. Foremost is the to apply for the requisite certificate of public convenience and necessity fact that said order pertains exclusively to petitioner and to no other. Further, covering its facilities and the services it renders, as well as the it is premised on a finding of fact, although patently superficial, that there is corresponding authority to charge rates. merit in a reduction of some of the rates charged- based on an initial 5. Petitioner filed with respondent NTC an application for authority to continue evaluation of petitioner's financial statements-without affording petitioner operating and maintaining the same facilities it has been continuously the benefit of an explanation as to what particular aspect or aspects of the operating and maintaining since 1967, to continue providing the international financial statements warranted a corresponding rate reduction. No satellite communications services it has likewise been providing since 1967, rationalization was offered nor were the attending contingencies, if any, and to charge the current rates applied for in rendering such services. discussed, which prompted respondents to impose as much as a fifteen 6. Pending hearing, it also applied for a provisional authority so that it can percent (15%) rate reduction. continue to operate and maintain the above mentioned facilities, provide the services and charge therefor the aforesaid rates therein applied for. REPUBLIC V DRUGMAKER’S LABORATORIES petitioner was granted a provisional authority which was valid for six (6) FACTS months which was extended 3 times, but the last extension directed the petitioner to charge modified reduced rates through a reduction of fifteen ISSUE/S percent (15%) on the present authorized rates. Hence this petition. WON the FDA may validly issue and implement Circular Nos. 1 and 8, s. 1997. 7. Petitioner submits that the questioned order violates procedural due process because it was issued motu proprio, without notice to petitioner and without RATIO the benefit of a hearing. Petitioner laments that said order was based merely In general, an administrative regulation needs to comply with the requirements laid on an "initial evaluation," which is a unilateral evaluation, but had petitioner down by Executive Order No. 292, s. 1987, otherwise known as the "Administrative been given an opportunity to present its side before the order in question Code of 1987," on prior notice, hearing, and publication in order to be valid and was issued, the confiscatory nature of the rate reduction and the consequent binding, except when the same is merely an interpretative rule. This is because deterioration of the public service could have been shown and demonstrated "[w]hen an administrative rule is merely interpretative in nature, its applicability needs to respondents. Petitioner argues that the function involved in the rate nothing further than its bare issuance, for it gives no real consequence more than fixing-power of NTC is adjudicatory and hence quasi-judicial, not quasi- what the law itself has already prescribed. legislative; thus, notice and hearing are necessary and the absence thereof results in a violation of due process. RA 3720, as amended by Executive Order No. 175, s. 1987 prohibits, inter alia, the manufacture and sale of pharmaceutical products without obtaining the proper CPR from the FDA. In this regard, the FDA has been deputized by the same law to accept applications for registration of pharmaceuticals and, after due course, grant or reject such applications.To this end, the said law expressly authorized the Secretary of Health, upon the recommendation of the FDA Director, to issue rules and regulations that pertain to the registration of pharmaceutical products.
ASSOC. OF INTERNATIONAL SHIPPING LINES V PPA GMA V NTC