1. People vs.

Sandiganbaan
Homero Mercado President of Jam Liner will testify against the officials formerly assigned at
its one stop shop interagency tax credit. They are Antonio Belicena, Uldarico Andutan, Raul De
Vera and Rosanna Diah.
He will testify for allegedly tax credit scam at DOJ one stop shop.
Mercado applied before the DOJ for immunity as state witness. Ombudsman charged Antonio
and others in violation of Section 3(j) of RA 3019 and falsification under Art. 171. Allegedly,
they approved a 1996 tax credit amounting to 7,350,449 when they are not authorized to do so.
They also granted another tax credit of 4.4m.
The condition for grant of immunity of Mercado was to produce all necessary documents.
However, the court discharge him of immunity for failure to compy with such condition.
2. Eastern Shipping Lines
Vitaliano Saco- chief officer of MV Easter Polaris. He was killed in accident at Tokyo Japan
during his work.
The wife claimed for damages before the POEA in pursuant to EO 797 and Memo circular No. 2.
Eastern shipping lines contended that the case msut be filed before the SSS and not POEA
But
POEA assumed jurisdiction and granted death & burial benefits
EO 797 and Memp circular no. 2 provides that death and injury claims of OFW must be filed
before POEA
3. Tatad vs. Secretary of Energy
Prior to 1971 no agency regulating the oil industry
1971 PH driven to its knees due to oil crisis, to answer for this problem, Congress enacted the
Oil Industry Commission Act
The said Act created the oil industry commission. It regulated business of gas and petroleum
Nov. 9,1973 Pres. Marcos created the Philippine National Oil Corporation. It engaged in
refining ,manufacturing and storing of petroleum.
It bought controlling shares of Bataan Refining Corporation and created its own subsidiary,
PETRON
1984 Pres Marcos issued PD 1856, created the Oil Price Stabilization Fund. In order to
cushiong the effects of frequent oil price changes
1985 three oil companies were present in PH CALTEX<,SHELL,PNOC
May 1987 Pres. Cory created the Energy Regulateory Board, to regulate energy sources
Dec 9, 1992 Congress enacted RA 7638 to approved privatization of PNOC
March 1996 RA 8180 Deregulation of oil industry
The deregulation involved two phases, transition phase and full deregulation
EO 732 was enacted to implement full deregulation phase.
4. SEMA v. COMELEC
Ordiannce was enacted by ARMM creating 2 legislative districts. The 1st legislative district
consists of Cotabato City & Eight municipalities
Maguindanao forms part of Autonomous Region in Muslim Mindanao, created under RA 6734
Althought cotobato forms part of Maguindanao Legislature district , it is not part of ARMM but
Region XII. Cotobato city voted against its inclusion in the plebiscite
August 28, 2006 ARMM legislative enacted Muslim Mindanao Autonomy Act No. 201 which
created province of Shariff Kabunsuan.
It is composed of eight municipalities in the first district of Maguindanao. Three munciipalities
were added so it became 11
Notes of Maguindanao ratified the creation of Kabunsuan in a plebiscite.
Sangguniang Panglungsod of Cotabato City passed resolution no. 3999 requested COMELEC to
clarify the status of cotabato city in view of conversion of 1st district of maguindano into regular
province
Comelec issued reo no. 07-0907- maintain a status quo, cotobato not part of 1st legislative
district of Maguindanao
5. Garcia
Pambayang Kapasyahan Blg. 10, Serye 1993, The Sangguniang Bayan of Morong, Bataan
agreed to the inclusion of municipality of Morong as part of Subic Special Economic Zone in
accordance with RA 7227
May 24, 1993 Enrique Garcia sought the nullification of such blg. 10 before the municipal govt
of Mrong. It seeks the exclusion of Morong as part of Subic Economic Zone. To return the
Morong into virgin forests.
The municipality of morong did not take action with 30 days after its submission. They filed a
local initiative before COMELEC. Ernqiue Garcia and companios sought signatures of the
constituents of Morong. Unknown to the them, however, the Honorable Edilberto M. de Leon,
Vice Mayor and Presiding Officer of the Sangguniang Bayan ng Morong, wrote a letter dated
June 11, 1993 to the Executive Director of COMELEC requesting the denial of " . . . the petition
for a local initiative and/or referendum because the exercise will just promote divisiveness,
counter productive and futility.
Comelec en banc denied the petition for local intiative.
ISSUE WHETHER OT NOT RESOLUTIONS CAN BE SUBJECT OF INITAITIVE YES

The Constitution clearly includes not only ordinances but resolutions as appropriate subjects of a
local initiative. Section 32 of Article VI provides in luminous language: "The Congress shall, as
early as possible, provide for a system of initiative and referendum, and the exceptions
therefrom, whereby the people can directly propose and enact laws or approve or reject any act
or law or part thereof passed by the Congress, or local legislative body . . ." An act includes a
resolution. Black 20 defines an act as "an expression of will or purpose . . . it may denote
something done . . . as a legislature, including not merely physical acts, but also decrees, edicts,
laws, judgments, resolves, awards, and determinations . . . ." It is basic that a law should be
construed in harmony with and not in violation of the constitution. 21 In line with this postulate,
we held in In Re Guarina that "if there is doubt or uncertainty as to the meaning of the
legislative, if the words or provisions are obscure, or if the enactment is fairly susceptible of two
or more constructions, that interpretation will be adopted which will avoid the effect of
unconstitutionality, even though it may be necessary, for this purpose, to disregard the more
usual or apparent import of the language used." 22

The constitutional command to include acts (i.e., resolutions) as appropriate subjects of initiative
was implemented by Congress when it enacted Republic Act No. 6735 entitled "An Act
Providing for a System of Initiative and Referendum and Appropriating Funds Therefor." Thus,
its section 3(a) expressly includes resolutions as subjects of initiatives on local legislations,

IS it necessary to hear the voice of people? Is this a valid subject ofi ntiaitive
Yes. Considering the lasting changes that will be wrought in the social, political, and economic
existence of the people of Morong by the inclusion of their municipality in the Subic Special
Economic Zone, it is but logical to hear their voice on the matter via an initiative. It is not
material that the decision of the municipality of Morong for the inclusion came in the form of a
resolution for what matters is its enduring effect on the welfare of the people of Morong.