Republic v.

Sandiganbayan

ISSUES:

1. Whether the PCGG can vote the sequestered ETPI Class "A" shares in the stockholders
meeting for the election of the board of directors.

HELD:

Answer: 1. When sequestered shares registered in the names of private individuals or

entities are alleged to have been acquired with ill-gotten wealth, then the two-tiered test is
applied.

(1) originally government shares, or

(2) purchased with public funds or those affected with public interest, then the two-
tiered test does not apply

2. Whether the Sandiganbayan can order the Division Clerk of Court to call the stockholders
meeting and in appointing then Sandiganbayan Associate Justice Sabino de Leon, Jr. to control
and supervise the same. 

Answer: 2. The Clerk of Court, who is already saddled with judicial responsibilities, need
not be burdened with the additional duties of a corporate secretary. Moreover, the Clerk of Court
may not have the requisite knowledge and expertise to discharge the functions of a corporate
secretary. 

Of Human rights and natural Law

A fair amount of complicated issues exist regarding the nature of judicial power and
rights. This is illustrative of the dangers brought about by the injudicious, imprudent,
and impulsive liberal progressive habit of tinkering with the tried and true. Judicial
power is essentially the ability to rule over cases and determine compliance with
procedural due process. Unfortunately, this has evolved into — unchecked for decades
— the power to decide upon matters better left to the judgment of the elected branches
of government.

Republic vs. Cocofed

ISSUE: