Archive for March, 2019


CASE 2019-0002: 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.

  

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

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. “

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

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

 

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