Our Law Corner

Constitutional Law II - Citizenship Facts: Aznar, the Provincial Chairman of Cebu PDP-Laban, filed a petition to disqualify Emilio “Lito” Osmeña, respondent, when he filed his Certificate of Candidacy for the position of Provincial Governor of Cebu Province on the ground that the latter is not a Filipino citizen but rather an American Citizen. Aznar presented the following to show that Lito is an American citizen: 1.       Application for Alien Registration Form 2. Alien Certificate of Registration 3. Pernit to Re-enter the Philippines 4. Immigration Certificate of Clearance On the other hand, Lito alleged that he is a Filipino citizen: 1.       He is the legitimate child of a Filipino 2. He is a holder of a valid and subsisting Philippine Passport 3. His continuous residency in the Philippines since his birth 4. His being a registered voter in the Philippines Contention arose in this case as to the citizenship of Lito and if...

Constitutional Law II - Self-Incrimination Clause Facts: Petitioner, Arsenio Pascual, Jr., was charged by Salvador Gatbonton and Enriqueta Gatbonton for alleged immorality or malpractice through an administrative case. In such administrative case, at the initial hearing the complainant’s (Gatbontons’) counsel announced to present Pascual, Jr, the one who was charged in the case, to be his first witness. Thereupon, Pascual, Jr objected invoking his constitutional right to be exempt from being a witness against himself, or his right against self-incrimination. And so, the Board of Examiners, herein respondents, said that Pascual, Jr be once again called upon to testify at the next hearing unless he secure a restraining order from a competent authority Contention arose in this case as Petitioner Pascual, Jr alleges that he cannot be compelled to take the witness stand in an administrative case proceeding wherein he is the one charged in the case and that the Board of Examiners failed ...

Constitutional Law II - Rights of the Accused Facts: Herein petitioner, Jose Antonio Leviste, was convicted by the RTC for the crime of homicide and to suffer an indeterminate penalty of prision mayor as minimum to reclusion temporal as maximum. He then appealed his conviction and filed an urgent application for admission to bail citing his advanced age and health condition. However, the Court of Appeals denied his bail application. Contention arose here where Leviste claims that his right to bail was violated and that the CA committed grave abuse of discretion in denying his application for bail   Issue: Whether or not Leviste’s application for bail should be automatically granted   Ruling: No. The Court cited: Sec.5, Rule 114 of the Rules of Court provides: Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. & Sec. 13. Art. II of the Constitu...

Constitutional Law II -  Eminent Domain Facts: Respondents owned land, within it the house and a chicken farm, is situated near an airport. It is situated within the low altitude glide path of the various military aircrafts onto the airport runway such that if they were to build a building it would be impossible as it would cause collision with the landing aircraft. Also, upon the glide path, respondents’ chicken run amok and crash into the walls of the farm due to the plane’s loud noises and bright lights. This caused many deaths for the chickens. Such is the reason why their chicken farm had to stop production. Due to this, respondents claim that their property was “taken” and therefore must be justly compensated. Contention arose when petitioner provided that the air space is a public domain; a public highway   Issue: Whether or not respondents’ property was indeed “taken” and thus entitled to compensation   Ruling: Yes. The Court ruled that the airsp...

Constitutional Law II -  Right to Information Facts: President Carlos P. Garcia, through Proclamation No. 423, reserved parcels of land in Municipalities of Pasig, Taguig, Parañaque, Rizal, and Pasay for military reservation known as Fort Bonifacio. Later on, President Marcos issued Proclamation No. 208 and 2476 (amending Proclamation No. 243) which provided for the exclusions of areas for military reservation such as Lower Bicutan, Upper Bicutan, and Signal Village. Moreover, President Marcos inserted “P.S. includes Western Bicutan” at the very end and did not include such portion in the publication of said amending Proclamation. Contention arose in this case as to the Petitioners herein case and the Western Bicutan Lot Owners Association, Inc (WBLOAI) stating that their lots, falling within Western Bicutan, is already excluded from the military reservation (and so it is no longer a public land) as per President Marcos’ Proclamations. They used the “P.S. includes Western Bic...