Ernesto Francisco vs House of RepresentativeGR 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 petitioner’s right, Group of Gen. De Castro has all the time to secure warrant of arrest and it violates Ali’s 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 Gov’t. 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. TERRITORYThe Philippine archipelago With all the island and waters embraced therein And all other territory over which the Phil. Has sovereignty or jurisdictionConsisting of eachTerrestrial domainsFluvial domainsAnd aerial domainsIncluding itsTerritorial seaThe SeabedThe SubsoilInsular shelvesAnd other submarine areasThe watersAroundbetweenand connectingThe island of the ArchepilagoRegardless 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 ArchipelagoWith all the Island and waters embraced thereinWith all other territories which the Philippines has sovereignty or jurisdiction Consisting of its TerrestrialFluvial andAerial domainIncluding itsThe Territorial seaThe SeabedThe SubsoilThe Insular Shelves andOther Submarine areasAnd watersAroundBetween andConnectingThe Island of the Phil. ArchipelagoRegardless of their breadt and dimensionsForm 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.