Professional Documents
Culture Documents
Suspension of The Privilege of Writ of Habeas Corpus: The Prisoner Is Denied The Right To
Suspension of The Privilege of Writ of Habeas Corpus: The Prisoner Is Denied The Right To
9. Marbury vs Madison
Power of Judicial Review process under which executive and legislative acts are subject to
review by the judiciary
Power to assess WON the law is in compliance with the Constitution
In this case, the Judiciary Act and Art III of the Constitution were in conflict (so
sinong mag-aadjust???). The SC, of course, upheld the Constitution.
Political Question those questions which, under the Constitution, are to be decided by the
people in their sovereign capacity, or in regard to which full discretionary authority has been
delegated to the Legislature or executive branch of the Government
concerned with issues dependent upon the wisdom, not legality, of a particular
measure
a question of whether or not the court system is an appropriate forum in which to
hear the case (Google)
Judicial Independence
1. The criticism will prevent judges from remaining insulated from personal and
political consequences of making an unpopular decision, placing juridical
independence
2. Unjust criticism of the judiciary will erode the public trust and confidence in the
judiciary
18. US vs Nixon
Executive Privilege the privilege, claimed by the president for the executive branch of the
US government, of withholding information in the public interest (Google)
1. Lopez vs Roxas
Judicial Power the authority of the court to settle justiciable controversies or disputes
involving rights that are enforceable and demandable before the courts of justice or redress
the wrongs for violations of such rights
4. Carpio-Morales vs CA
The concept of public office is a public trust and the corollary requirement of accountability
to the people at all times, as mandated under the 1987 Constitution, is plainly inconsistent
with the idea that an elective local officials administrative liability for a misconduct
committed during a prior term can be wiped off by the fact that he was elected to a second
term of office, or even another elective post.
[In accordance with RA 9167, films that have obtained a Grade A or B are entitle to the
equivalent amusement tax incentive. All but Cebu City complied. The same provisions of the
law were declared unconstitutional, but Film Development Council does not have to return
what was paid to them due to the doctrine of operative fact.]
Doctrine of Operative Fact nullifies the effects of an unconstitutional law by recognizing
that the existence of a statute prior to a determination of unconstitutionality is an operative
fact and may have consequences that cannot be ignored
It applies when a declaration of unconstitutionality will impose an undue burden on
those who have relied on the invalid law.
Judicial Immunity insulates a judge or justice from being held to account criminally,
civilly or administratively for an erroneous decision made in GF
Executive Privilege the power of the Government to withhold information from the public,
the courts, and the Congress
Stare Decisis enjoins adherence to judicial precedents; requires courts to follow the rule
established in a decision of the Supreme Court (Art 8 CC, Fermin vs People)
Google: to stand by the things decided; the legal principle of determining points in
litigation according to precedent
Fermin vs People: Stare Decisis only applies to cases decided by the SUPREME COURT, in
other words, SC cannot subscribe to the rulings of the lower courts
[Fermin wants to adopt the ruling in People vs Beltran and Soliven. SC said no because such
case was decided by the CA.]
Chinese Young Mens Christian Association of the Philippine Islands vs Remington Steel
Corporation: to adhere to the precedents, and not to unsettle things which are established
When the SC has once laid down a principle of law as applicable to a certain state of
facts, it will adhere to that principle, and apply it to future cases, where the facts are
substantially the same.
Vs res judicata: Stare Decisis is based upon a principle or rule involved not upon a
judgment which results therefrom.
[Same facts, different units lang]
39. Republic vs Yu
Res Judicata a final judgment on the merits rendered by the court of competent
jurisdiction, is conclusive as to the rights of the parties and their privies and constitutes and
absolute bar to subsequent actions involving the same claim, demand or cause of action.
Republic vs Yu: a matter adjudged; a thing judicially acted upon or decided; a thing or
matter settled by final judgment
Lis Pendens pending suit; it is filed for the purpose of warning all persons that the title to
a certain property is in litigation and that if they purchase the same, they are in danger of
being bound by an adverse judgment
The notice is a warning to the whole world that the one who buys the property does so
at his own risk.
Law of the Case principle under which determinations of questions of law will generally
be held to govern a case throughout all its subsequent stages where such determination has
already been made on a prior appeal to a court of last resort
Google: if the highest appellate court has determined a legal question and returned the case to
the court below for addition proceedings, the question will not be determined differently on a
subsequent appeal in the same case where the facts remain the same
Prospectivity of Laws no felony shall be punishable by any penalty not prescribed by law
prior to its commission (Art 21, RPC)
No act or omission shall be held to be a crime, nor its author punished, except by
virtue of a law in force at the time the act was committed
A penal law may be retroactive ONLY when it is favorable to the accused.
46. Santos vs CA
The very first case where the SC discussed the term psychological incapacity
Landmark Case case that is studied because it has historical and legal significance. The
most significant cases are those that have had a lasting effect on the application of a certain
law, of concerning individual rights and liberties (Google)
Psychological incapacity is characterized by
a. Gravity
b. Juridical antecendence
c. Incurability
Leading case A decided case which demands more than usual attention from the judges,
and from circumstance are frequently looked upon all points involved in such cases, and as
guides for subsequent decisions, and from the importance they thus acquire
In Carpio-Morales, although the leading case term was not discussed, the case in itself was
a leading case because previous decisions regarding the condonation doctrine have been
based on US decisions. But, in present time, US decisions have already overruled or made
exceptions to the doctrine; whilst Philippine jurisprudence applied only its primitive
definition under the Pascual case.
As a leading case, it prospectively abandons previous application of the doctrine but more
importantly acts as a guide to subsequent decisions while also accepting the general rule and
its new exceptions.
Dura Lex, Sed Lex the law is harsh, but it is the law
The court cannot suspend the execution of a sentence on the ground that strict
enforcement of the law constitutes a harsh penalty
All the court can do is to enforce the punishment and report the matter to the Chief
Executive with reasons why the punishment is harsh
It is the duty of the Court to apply the law and not to revise or amend such law