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CASE 2018-0002: REP. EDCEL C. LAGMAN, ET AL. VS. HON. SALVADOR C. MEDIALDEA, EXCECUTIVE SECRETARY, ET AL./BAYAN MUNA PARTY LIST REPRESENTATIVE CARLOS ISAGANI T. ZARATE, ET AL. VS. CONGRESS OF THE PHILIPPINES, ET AL./CHRISTIAN S. MONSOD, ET AL. VS. SENATE OF THE PHILIPPINES, ET AL./RIUS VALLE, ET AL. VS. SENATE OF THE PHILIPPINES, ET AL.(G.R. NO. 243522/G.R. NO. 243677/G.R. NO. 243745/G.R. NO. 243797. FEBRUARY 19, 2019, CARANDANG J.) (SUBJECT/S: MARTIAL LAW, FUNDAMENTAL CIVIL RIGHTS) (BRIEF TITLE: LAGMAN ET AL VS MEDIALDIA ET AL)

  

DISPOSITIVE:

  

“WHEREFORE, the Court FlNDS  sufficient factual bases for the  issuance of Resolution No. 6 of Both Houses  and DECLARES jt as CONSTITUTIONAL. Accordingly, the consolidated petitions are hereby DISMISSED.

 

SO ORDERED.”

  

SUBJECTS/DOCTRINES/DIGEST:

 

DOES DECLARATION OF MARTIAL LAW SUSPEND FUNDAMENTAL CIVIL RIGHTS?

 

 A declaration of martial law does not suspend fundamental civil rights of individuals as the Bill of Rights enshrined in the Constitution remain effective. Civil courts and legislative bodies remain open. While it is recognized that, in the declaration of martial law and the suspension of the privilege of the writ of habeas corpus, the powers given to officials tasked with its implementation are susceptible to abuses, these instances have already been taken into consideration when the pertinent provisions of martial law were drafted. Safeguards witliin the 1987 Constitution and existing laws are available to protect the ‘people from these abuses.

  

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SCD-2019-0002-REP. EDCEL C. LAGMAN, ET AL. VS. HON. SALVADOR C. MEDIALDEA ET AL. AND RELATED CASES 

 

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CASE 2019-0001: JOSE T. VILLAROSA ET AL VS. THE HONORABLE OMBUDSMAN ET AL (G.R. NO. 221418, 01 FEB 2019, PERALTA J.) SUBJECT/S: TECHNICAL MALVERSATION; MANIFEST PARTIALITY, GROSS NEGLIGENCE (BRIEF TITLE: VILLAROSA VS OMBUDSMAN)

 

DISPOSITIVE:

 

“WHEREFORE, the Petition for Certiorari under Rule 65 of the Rules of Court dated December 1, 2015 of petitioners Jose T. Villarosa, Carlita T. Cajayon and Pablo I. Alvaro is PARTLY GRANTED. The Joint Resolution dated March 23, 2015 and Order dated July 29, 2015 of the Office of the Ombudsman are AFFIRMED only insofar as its finding of probable cause against petitioners for the crime of Technical Malversation.

  

SO ORDERED.”

 

 SUBJECTS/DOCTRINES/DIGEST:

 

WHAT ARE THE THREE ELEMENTS OF THE CRIME OF TECHNICAL MARVERSATION?

 

THE 3 ELEMENTS ARE:

 

(A) THAT THE OFFENDER IS AN ACCOUNTABLE PUBLIC OFFICER;

 

(B) THAT HE APPLIES PUBLIC FUNDS OR PROPERTY UNDER HIS ADMINISTRATION TO SOME PUBLIC USE; AND

 

( C) THAT THE PUBLIC USE FOR WHICH SUCH FUNDS OR PROPERTY WERE APPLIED IS DIFFERENT FROM THE PURPOSE FOR WHICH THEY WERE ORIGINALLY APPROPRIATED BY LAW OR ORDINANCE.

 

ACCORDING TO THE OMBUDSMAN TECHNICAL MALVERSATION RESULTED IN THE USE OF FUNDS TO THE DISADVANTAGE OF THE FARMERS AND IN FAVOR OF OTHER CONCERNS OF THE PETITIONERS THUS THERE WAS MANIFEST IMPARTIALITY. IS IS CORRECT?

 

WRONG.

 

ACCORDING TO THE SUPREME COURT:         

 

“For an act to be considered as exhibiting “manifest partiality,” there must be a showing of a clear, notorious or plain inclination or predilection to favor one side rather than the other.32 “Partiality” is synonymous with “bias” which “excites a disposition to see and report matters as they are wished for rather than as they are.”

 

WHAT IS GROSS NEGLIGENCE?

 

THE SUPREME COURT DEFINES IT AS:

 

“Gross negligence has been so defined as negligence characterized by the want of even slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but wilfully and intentionally with a conscious indifference to consequences in so far as other persons may be affected. It is the omission of that care which even inattentive and thoughtless men never fail to take on their own property. “

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SCD-2019-0001-JOSE T. VILLAROSA ET AL. VS. THE HONORABLE OMBUDSMAN AND ROLANDO C. BASILIO

 

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PHILIPPINE ECONOMY AT A GLANCE

 

POPULATION IN 2019       :         110 MILLION (PROJECTION BASED ON PREVIOUS       CENSUS)

POPULATION IN 2019 BASED ON UN ESTIMATES:         108.11M

PER UN ON PHILIPPINE POPULATION: 2019 GROWTH RATE:    1.50%,  POPULATION RANK:    13;  WORLD PERCENTAGE:     1.40%.

FOREX RATE ON 08 FEB  2019     :               USD 1 = PHP 52.290

AVERAGE FOREX RATE IN JAN  2019     :               USD 1 = PHP 52.468

ANNUAL INFLATION RATE IN FEB 2019     :               3.8 %

ANNUAL INFLATION RATE IN JAN 2019     :               4.4 %

DOMESTIC PRODUCT GROWTH RATE IN 2017      :               6.7%

EXPORTS IN 2018     :          USD 67.49 MILLION

IMPORTS IN 2018    :          USD 108.93 MILLION

TRADE DEFICIT IN 2018          :     USD 41.44 MILLION

EXTERNAL DEBT AS OF DEC 2018    :               USD 72.199 BILLION

EMPLOYED POPULATION 15 YRS AND ABOVE IN JAN 2018    :        70.897MILLION

EMPLOYED POPULATION 15 YRS AND ABOVE IN JAN 2019    :        72.524 MILLION

TOURIST ARRIVALS IN 1918      :             5.8 MILLION

OFW REMITTANCES IN 2017      :            USD31.28 BILION

OFW REMITTANCES IN 2018      :            USD32.20 BILION

NUMBER OF OFWs IN 2017:             2.3 MILLION

FORBES MAGAZINE’S 2019 LIST OF WEALTHIEST PEOPLE IN THE PHILIPPINES

AND THEIR NET WORTH IN US  BILLION DOLLARS:

  1. MANUEL VILLAR Jr.   US$ 5.5B
  2. JOHN GOKONGWEI Jr.  US$ 5.1 B
  3. ENRIQUE RAZON Jr.   US$ 4.8 B
  4. LUCIO TAN  US$ 4.4 B
  5. TONY TAN CAKTIONG   US$ 3.9 B
  6. RAMON ANG   US$ 2.9 B
  7. ANDREW TAN   US$ 2.7 B
  8. HANS SY   US$ 2.4 B
  9. HERBERT SY   US$ 2.4 B
  10. HARLEY SY US$ 2.2 B
  11. HENRY SY Jr. US$ 2.2 B
  12. TERESITA SY-COSON   US$ 2.2 B
  13. ELIZABETH SY   US$ 1.9 B

TOTAL BUDGET FOR THE “BUILD, BUILD, BUILD” PROGRAM UP TO END OF THE DUTERTE ADMINISTRATION: P8 BILLION.

SPENT FOR TWO AND 1/2 YEARS FOR THE “BUILD, BUILD, BUILD” PROGAM: P1.64 BILLION.

 

TO VIEW DETAILS PLEASE CLICK THE FILE BELOW:

 

A-TSH-0108-PHILIPPINE ECONOMY AT A GLANCE

 

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