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Perlas-Bernabe Case Doctrines
Perlas-Bernabe Case Doctrines
ROMANA and
RESURRECCION O. RAMOS, PURIFICACION C. DAEZ, and ROSAURO D. VILLALUZ, and SPOUSES LEANDRO
C. SEVILLA and MILAGROS C. DAEZ, respondents.
For purposes of just compensation, the fair market value of an expropriated property is determined by
its character and its price at the time of taking. (Department of Agrarian Reform vs. Spouses Sta.
Romana, 729 SCRA 387)
R.A. No. 9225 allows the retention and re-acquisition of Filipino citizenship for natural-born citizens who
have lost their Philippine citizenship by taking oath of allegiance to the Republic, thus: The oath is an
abbreviated repatriation process that restores one’s Filipino citizenship and all civil and political rights
and obligations concomitant therewith. (Sobejana-Condon vs COMELEC, 678 SCRA 267)
MUNICIPALITY OF KANANGA, Represented by its Mayor, Hon. GIOVANNI M. NAPARI, petitioner, vs. Hon.
FORTUNITO L. MADRONA, Presiding Judge, Regional Trial Court of Ormoc City (Branch 35); and the CITY OF
ORMOC, Represented by its Mayor, Hon. EUFROCINO M. CODILLA SR., respondents.
Inasmuch as Sec 118 of the LGC finds no application to the instant case, the general rules governing
jurisdiction should then be used. Batas Pambansa Blg 129 provides that Regional Trial Courts shall
exercise exclusive original jurisdiction in all cases not within the exclusive jurisdiction of any court,
tribunal, person or body exercising judicial or quasi-judicial functions. (Municipality of Kananga vs.
Madrona, 402 SCRA 330)
Construing the term “capital” in Sec11, Art XII of the Constitution to include both voting and non-voting
shares will result in the surrender of our telecommunications industry to foreigners, amounting to a
clear abdication of the State’s constitutional duty to limit public utilities to Filipino citizens.
REPUBLIC OF THE PHILIPPINES, petitioner, vs. THE COURT OF APPEALS AND SPOUSES MARIO B. LAPIÑA
AND FLOR DE VEGA, respondents.
Even if private respondents were already Canadian citizens at the time they applied for registration of
the properties in question, said properties were already private lands; consequently, there could be no
legal impediment for the registration thereof by respondents in view of what the Constitution ordains.
(Republic vs. Court of Appeals, 235 SCRA 567)
Karbasi' s status as a refugee has to end with the attainment of Filipino citizenship, in consonance with
Philippine statutory requirements and international obligations. Indeed, the Naturalization Law must be read
in light of the developments in international human rights law specifically the granting of nationality to
refugees and stateless persons. (Republic vs Karbasi G.R. No. 210412 July 29, 2015)