CASE 2019-0044: LYDIA BALMA CEDA-TUGANO VS. JERRY R. MARCELINO, SHERIFF III, METROPOLITAN TRIAL COURT, BRANCH 71, QUEZON CITY (A.M. NO. P-14-3233. OCTOBER 14, 2019)

 DISPOSITIVE:

WHAT HAPPENED IN THIS CASE?

SHERIFF MARCELINO FAILED TO GIVE DUE NOTICE TO COMPLAINANT. HE ENFORCED THE WRIT ON THE DAY HE POSTED THE NOTICE TO VACATE ON THE DOOR OF THE COMPLAINANT.

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SCD-2019-0044-Lydia Balma Ceda-Tugano Vs. Jerry R. Marcelino, Sheriff III, Metropolitan Trial Court, Branch 71, Quezon City

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CASE 2019-0043: CAPT. JOMAR B. DAQUIOAG VS. OFFICE OF THE OMBUDSMAN AND HADJI SALAM M. ALABAIN (G.R. NO. 228509. OCTOBER 14, 2019)

 DISPOSITIVE:

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SCD-2019-0043-Capt. Jomar B. Daquioag Vs. Office of the Ombudsman and Hadji Salam M. Alabain

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CASE 2019-0042: FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES VS. COLON HERITAGE REALTY CORPORATION/FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES VS. CITY OF CEBU AND SM PRIME HOLDINGS, INC. (G.R. NO. 203754/G.R. NO. 204418. OCTOBER 15, 2019, PERLAS-BERNABE J.) (SUBJECT/S: DOCTRINE OF OPERATIVE FACT)

 DISPOSITIVE:

 DOCTRINES/SUBJECTS:

RA 9167 REQUIRES CINEMA OPERATORS TO TURN OVER TO THE FILM DEVELOPMENT COUNCIL OF THE PHIPPINES OR FDCP AMUSEMENT TAXES. PREVIOUSLY THEY WERE TURNED OVER TO THE LOCAL GOVERNMENT UNITS. SC INVALIDATED SUCH PROVISION. SOME CINEMA OPERATORS HAVE STILL IN THEIR POSITION WITHHELD AMUSEMENT TAXES. TO WHOM WILL THEY TURN THESE OVER? WILL FDCP RETURN THE AMUSEMENT TAXES ALREADY COLLECTED BY THEM TO THE LOCAL GOVERNMENTS?

THE CINEMA OPERATORS MUST STILL TURN OVER THE MONEY COLLECTED WHEN SAID PROVISION OF LAW WAS STILL VALID TO FDCP AND NOT TO THE LOCAL GOVERNMENTS. LIKEWISE, FDCP IS NOT OBLIGED TO TURN OVER THE MONEY IT ALREADY COLLECTED TO THE LOCAL GOVERNMENT UNITS. THE REASON IS THE DOCTRINE OF OPERATIVE FACT.

WHAT IS THE DOCTRINE OF OPERATIVE FACT?

IT STATES THAT THE EXISTENCE OF A STATUTE PRIOR TO A DETERMINATION  OF UNCONSTITUTIONALITY IS AN OPERATIVE FACT AND MAY HAVE CONSEQUENCES THAT MUST NOT BE IGNORED.

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SCD-2019-0042-Film Development Council of the Phil Vs. Colon Heritage Realty Corp – Film Development Council of the Phil Vs. City of Cebu and SM Prime Holdings, Inc. 

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