December 2009 Philippine Supreme Court Decisions on Political Law

Here are selected December 2009 rulings of the Supreme Court of the Philippines on political law and related laws:

Constitutional Law

Bill of rights;  eminent domain.  Expropriation is not limited to the acquisition of real property with a corresponding transfer of title or possession. The right-of-way easement resulting in a restriction or limitation on property rights over the land traversed by transmission lines also falls within the ambit of the term expropriation.  National Power Corporation vs. Hon. Amer Ibrahim, etc., et al., G.R. No. 183297, December 23, 2009.

Bill of Rights; eminent domain. In computing for the value of the land subject to acquisition, the formula provided in DAO No. 6, Series of 1992, as amended, requires that figures pertaining to the Capitalized Net Income (CNI) and Market Value (MV) of the property be used as inputs in arriving at the correct land valuation. Thus, the applicable formula, as correctly used by the LBP in its valuation, is LV (Land Value) = (CNI x 0.9) + (MV x 0.1).

To arrive at the figure for the CNI of lands planted to a combination of crops, Item II B.5 of the said administrative order provides that the same should be computed based on the combination of actual crops produced on the covered land.  Land Bank of the Philippines vs. Kumassie Plantation Company Incorporated/Kumassie Plantation Company Incorporated vs. Land Bank of the Philippines, et al.  G.R. No. 177404/G.R. No. 178097. December 4, 2009.

Bill of rights; eminent domain; interest. The taking of property under CARL is an exercise by the State of the power of eminent domain. A basic limitation on the State’s power of eminent domain is the constitutional directive that private property shall not be taken for public use without just compensation. Just compensation refers to the sum equivalent to the market value of the property, broadly described to be the price fixed by the seller in open market in the usual and ordinary course of legal action and competition, or the fair value of the property as between one who receives and one who desires to sell. It is fixed at the time of the actual taking by the State. Thus, if property is taken for public use before compensation is deposited with the court having jurisdiction over the case, the final compensation must include interests on its just value, to be computed from the time the property is taken up to the time when compensation is actually paid or deposited with the court.  National Power Corporation vs. Hon. Amer Ibrahim, etc., et al., G.R. No. 183297, December 23, 2009.

October 2009 Philippine Supreme Court Decisions on Remedial Law

Here are selected October 2009 Philippine Supreme Court decisions on remedial law:

Action;  forum shopping. The essence of forum-shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. Forum-shopping has been defined as the act of a party against whom an adverse judgment has been rendered in one forum, seeking and possibly getting a favorable opinion in another forum, other than by appeal or the special civil action of certiorari, or the institution of two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition.

Although the factual antecedents of the cases brought before this Court are the same, they involve different issues. The petition for Mandamus with Injunction and Damages, docketed as Civil Case No. 13013, and raised before this Court as G.R. No. 177795, challenged respondents’ refusal to recognize petitioners’ appointments and to pay petitioners’ salaries, salary adjustments, and other emoluments. The petition only entailed the applications for the issuance of a writ of mandamus and for the award of damages. The present case docketed as G.R. No. 181559, on the other hand, involves the merits of petitioners’ appeal from theinvalidation and revocation of their appointments by the CSC-Field Office, which was affirmed by the CSC-Regional Office, CSC en banc, and the Court of Appeals.  Leah M. Nazareno, et al. vs. City of Dumaguete, et al.,  G.R. No. 181559, October 2, 2009.

Action; forum shopping. The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. This is not the case with respect to the ejectment suit vis-à-vis the action for damages.  Manuel Luis S. Sanchez vs. Republic of the Philippines, Represented by the Department of Education, Culture and Sports,  G.R. No. 172885, October 9, 2009.

Action;  lis pendens. The filing of a notice of lis pendens has a two-fold effect: (1) to keep the subject matter of the litigation within the power of the court until the entry of the final judgment in order to prevent the final judgment from being defeated by successive alienations; and (2) to bind a purchaser, bona fide or not, of the land subject of the litigation to the judgment or decree that the court will promulgate subsequently.

While the trial court has an inherent power to cancel a notice of lis pendens, such power is to be exercised within the express confines of the law. As provided in Section 14, Rule 13 of the 1997 Rules of Civil Procedure, a notice of lis pendens may be cancelled on two grounds: (1) when the annotation was for the purpose of molesting the title of the adverse party, or (2) when the annotation is not necessary to protect the title of the party who caused it to be recorded.  Heirs of Jose Sy Bang, Heirs of Julian Sy and Oscar Sy vs. Rolando Sy, et al./Iluminada Tan, et al. vs. Bartolome Sy, et al,  G.R. No. 114217G.R. No. 150979. October 13, 2009

October 2009 Philippine Supreme Court Decisions on Political Law

Here are selected October 2009 Philippine Supreme Court decisions on political law:

Constitutional Law

Bail.  Section 13, Article III of the Constitution provides that “All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.”

Section 4 of Rule 114 of the Revised Rules of Court, as amended, thus provides that all persons in custody shall, before conviction by a regional trial court of an offense not punishable by death, reclusion perpetua or life imprisonment, be admitted to bail as a matter of right.

The exercise by the trial court of its discretionary power to grant bail to an accused charged with a capital offense thus depends on whether the evidence of guilt is strong.  The People of the Philippines vs. Luis Plaza y Bucalon, G.R. No. 176933, October 2, 2009.

Civil Service Commission; powers. The Commission, as the central personnel agency of the government, has statutory authority to establish rules and regulations to promote efficiency and professionalism in the civil service. Presidential Decree No. 807, or the Civil Service Decree of the Philippines, provides for the powers of the Commission, including the power to issue rules and regulations and to review appointments. Leah M. Nazareno, et al. vs. City of Dumaguete, et al., G.R. No. 181559, October 2, 2009.

Commission on Audit;  powers. Under Commonwealth Act No. 327, as amended by P.D. No. 1445, the COA, as one of the three independent constitutional commissions, is specifically vested with the power, authority and duty to examine, audit and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property owned or held in trust by the government, or any of its subdivisions, agencies or instrumentalities, including government-owned and controlled corporations. To ensure the effective discharge of its functions, it is vested with ample powers, subject to constitutional limitations, to define the scope of its audit and examination and establish the techniques and methods required therefor, to promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant or unconscionable expenditures or uses of government funds and properties.

Clearly, the matter of allowing or disallowing a money claim against petitioner is within the primary power of the COA to decide. This no doubt includes money claims arising from the implementation of R.A. No. 6758. Respondents’ claim against petitioner, although it has already been validated by the trial court’s final decision, likewise belongs to that class of claims; hence, it must first be filed with the COA before execution could proceed. And from the decision therein, the aggrieved party is afforded a remedy by elevating the matter to this Court via a petition for certiorari in accordance with Section 1 Rule XI, of the COA Rules of Procedure.  National Home Mortgage Finance Corporation vs. Mario Abayari, et al., G.R. No. 166508, October 2, 2009.

September 2009 Philippine Supreme Court Decisions on Political Law

Here are selected September 2009 Philippine Supreme Court decisions on political law:

Constitutional Law

Citizenship;  election.  Com. Act No. 625 which was enacted pursuant to Section 1(4), Article IV of the 1935 Constitution, prescribes the procedure that should be followed in order to make a valid election of Philippine citizenship. Under Section 1 thereof, legitimate children born of Filipino mothers may elect Philippine citizenship by expressing such intention “in a statement to be signed and sworn to by the party concerned before any officer authorized to administer oaths, and shall be filed with the nearest civil registry. The said party shall accompany the aforesaid statement with the oath of allegiance to the Constitution and the Government of the Philippines.”

However, the 1935 Constitution and Com. Act No. 625 did not prescribe a time period within which the election of Philippine citizenship should be made. The 1935 Charter only provides that the election should be made “upon reaching the age of majority.” The age of majority then commenced upon reaching 21 years. In the opinions of the then Secretary of Justice on cases involving the validity of election of Philippine citizenship, this dilemma was resolved by basing the time period on the decisions of the Supreme Court prior to the effectivity of the 1935 Constitution. In these decisions, the proper period for electing Philippine citizenship was, in turn, based on the pronouncements of the Department of State of the United States Government to the effect that the election should be made within a “reasonable time” after attaining the age of majority. The phrase “reasonable time” has been interpreted to mean that the election should be made within three (3) years from reaching the age of majority.

It is true that we said that the 3-year period for electing Philippine citizenship may be extended as when the person has always regarded himself as a Filipino. In hits case, not a single circumstance was sufficiently shown meriting the extension of the 3-year period. The fact that Carlos exercised his right of suffrage in 1952 and 1955 does not demonstrate such belief, considering that the acts were done after he elected Philippine citizenship. On the other hand, the mere fact that he was able to vote does not validate his irregular election of Philippine citizenship. At most, his registration as a voter indicates his desire to exercise a right appertaining exclusively to Filipino citizens but does not alter his real citizenship, which, in this jurisdiction, is determined by blood (jus sanguinis). The exercise of the rights and privileges granted only to Filipinos is not conclusive proof of citizenship, because a person may misrepresent himself to be a Filipino and thus enjoy the rights and privileges of citizens of this country.

It is incumbent upon one who claims Philippine citizenship to prove to the satisfaction of the court that he is really a Filipino. No presumption can be indulged in favor of the claimant of Philippine citizenship, and any doubt regarding citizenship must be resolved in favor of the state.  Carlos T. Go., Sr., vs. Luis T. Ramos/Jimmy T. Go vs. Luis T. Ramos/Hon. Alipio F. Fernandez, etc., et al. vs. Jimmy T. Go a.k.a. Jaime T. Gaisano,  G.R. No. 167569/G.R. No. 167570/G.R. No. 171946, September 4, 2009.

August 2009 Philippine Supreme Court Decisions on Political Law

Here are selected August 2009 Philippine Supreme Court decisions on political law:

Constitutional law

Congress; legislative immunity.  The immunity Senator Santiago claims is rooted primarily on the provision of Article VI, Section 11 of the Constitution.

As American jurisprudence puts it, this legislative privilege is founded upon long experience and arises as a means of perpetuating inviolate the functioning process of the legislative department. Without parliamentary immunity, parliament, or its equivalent, would degenerate into a polite and ineffective debating forum. Legislators are immune from deterrents to the uninhibited discharge of their legislative duties, not for their private indulgence, but for the public good. The privilege would be of little value if they could be subjected to the cost and inconvenience and distractions of a trial upon a conclusion of the pleader, or to the hazard of a judgment against them based upon a judge’s speculation as to the motives.

This Court is aware of the need and has in fact been in the forefront in upholding the institution of parliamentary immunity and promotion of free speech. Neither has the Court lost sight of the importance of the legislative and oversight functions of the Congress that enable this representative body to look diligently into every affair of government, investigate and denounce anomalies, and talk about how the country and its citizens are being served. Courts do not interfere with the legislature or its members in the manner they perform their functions in the legislative floor or in committee rooms. Any claim of an unworthy purpose or of the falsity and mala fides of the statement uttered by the member of the Congress does not destroy the privilege. The disciplinary authority of the assembly and the voters, not the courts, can properly discourage or correct such abuses committed in the name of parliamentary immunity.

For the above reasons, the plea of Senator Santiago for the dismissal of the complaint for disbarment or disciplinary action is well taken. Indeed, her privilege speech is not actionable criminally or in a disciplinary proceeding under the Rules of Court. It is felt, however, that this could not be the last word on the matter. Antero J. Pobre vs. Sen. Miriam Defensor-Santiago, A.C. No. 7399. August 25, 2009.

July 2009 Philippine Supreme Court Decisions on Political Law

Here are selected July 2009 Philippine Supreme Court decisions on political law:

Constitutional Law

Double positions. The office of the Chairman of the Philippine National Red Cross is not a government office or an office in a government-owned or controlled corporation for purposes of the prohibition in Section 13, Article VI of the 1987 Constitution, which provides: “No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.”  Dante Liban, et al. vs. Richard J. Gordon, G.R. No. 175352, July 15, 2009.

Illegal search. Even assuming that petitioner or any lawful occupant of the house was not present when the search was conducted, the search was done in the presence of at least two witnesses of sufficient age and discretion residing in the same locality. Manalo was the barangay chairman of the place while Velasco was petitioner’s employee. Petitioner herself signed the certification of orderly search when she arrived at her residence. Clearly, the requirements of Section 8, Rule 126 of the Rules of Court were complied with by the police authorities who conducted the search. Further, petitioner failed to substantiate her allegation that she was just forced to sign the search warrant, inventory receipt, and the certificate of orderly search. In fact, the records show that she signed these documents together with three other persons, including the barangay chairman who could have duly noted if petitioner was really forced to sign the documents against her will.

Articles which are the product of unreasonable searches and seizures are inadmissible as evidence pursuant to Article III, Section 3(2) of the Constitution. However, in this case, the Supreme Court sustained the validity of the search conducted in petitioner’s residence and, thus, the articles seized during the search are admissible in evidence against petitioner.  Rosario Panuncio  vs. People of the Philippines, G.R. No. 165678, July 17, 2009.