CONSTITUTIONAL LAW 1 REVIEW NOTES

Prepared by: Zeline Marie S. Padernilla

CONSTITUTIONAL LAW 1
Atty. Paisal D. Tanjili, LL.M
Professor

https://www.youtube.com/watch?v=0gGgEx-eH_4

MID-TERMS
I. GENERAL CONSIDERATIONS:
A. Political Law Defined

• MACARIOLA V. ASUNCION, 5/31/82

B. Constitutional Law Defined/Distinguished from PolLaw

• MMDA V. VERON, 8/15/07;

• DTI V. ENRIQUEZ, 6/2/20

C. Constitution Defined-Types/Kinds

Tips: https://www.youtube.com/watch?v=QiLPUh9-k-M

II. BACKGROUND OF THE 1987 CONSTITUTION:

A. The Feb. 1986 Revolution and the Proclamation of the Provisional Constitution

 Proclamation No. 1, 2/25/86 [Prov’l Gov’t];

 Proc. No. 3, 3/25/86 [Provisional Const]
 LAWYERS LEAGUE V. AQUINO, 5/22/86; IN RE: BERMUDEZ, 10/24/86;
 LETTER,6/29/92

B. Adoption and Effectivity of the Present Constitution

 Art. V, Provisional Const;

 Sec. 27, Art. XVIII, 1987 Const;
 Proc. No. 58, 2/11/87;
 DE LEON V. ESGUERRA, 8/31/87; IN RE: SABIO 10/17/06

Compare with the effectivity of Laws

 TAÑADA V. TUVERA, 4/24/85 & 12/19/86;

 E.O.No. 200, 6/18/87;
 Art. 2, Civil Code of the Phils.;
 SENATE V. ERMITA 4/20/06;
 GARCILLANO V. HOUSE, 12/23/08;
 NERI V. SENATE 3/25/08 & 9/4/08;
 PIMENTEL V. SENATE, 3/8/11;
 VILLANUEVA V. JBC, 4/7/15;
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 GOTESCO V. SOLIDBANK, 7/26/17;

 MUN. V. FAUSTINO, 8/20/19;
 DENR V. ABAD, 1/19/21

III. JUDICIAL ELABORATION OF THE CONSTITUTION:

A. Construction & Supremacy
 MANILA PRINCE V. GSIS 2/3/97;
 FRANCISCO V. HOUSE,11/10/03;
 PAMATONG V. COMELEC 4/13/04;
 DE CASTRO V. JBC, 3/17/10;
 ESPINA V. ZAMORA, 9/21/10

B. The Doctrine of Separation of Powers & the Theory of Judicial Review

 THE PROV. V. THE GOV’T, 10/14/08;
 COCOFED V. RP, 9/17/09;
 ANGARA V. ELEC COMM 7/15/36
 BIRAOGO V. THE PHIL., 12/7/10

presumption of constitutionality:

 ALDABA V. COMELEC, 3/15/10;

 SALCEDO V.BOLOJOS, 7/5/10;

tests/standard/Approaches on application of the presumption of constitutionality

 GARCIA V. DRILON, 6/25/13 [concurring opinion, J. Brion]

C. Conditions for the Exercise of Judicial Review

 ESTARIJA V. RANADA 6/26/06;
 ANAK MIN V. EXEC. 8/29/07;
 ABAKADA V. PURISIMA 8/14/08;
 BELGICA V. OCHOA, 11/19/13;
 BANKERS V. COMELEC, 11/26/13; IN RE: SAVE THE SUPREME COURT, 1/21/15;
 PIMENTEL V. LEB, 9/10/19

D. Functions of Judicial Review

 JAVIER V. COMELEC 144 SCRA 194 [1986];
 ABS-CBN V. COMELEC 1/20/00;
 CENTRAL BANK V. BSP 12/15/04;
 GUDANI V. SENGA 8/15/06;
 MBTC V. REYNALDO, 8/9/10

E. All Courts can Exercise the Power of Judicial Review

 YNOT V. IAC 3/30/87;
 MIRASOL V. CA, 2/1/01;
 EQUI-ASIA V. DEPT, 9/19/06;
 PLANTERS V. FERTIPHIL, 3/14/08;
 GARCIA V. DRILON, 6/25/13

F. Collateral attack on constitutionality of a law

 VIVAS V. MONETARY, 8/7/13;
 LAUDE V.GINES-JABALDE, 11/24/15

G. Effects of Declaration of Unconstitutionality

 Art. 7, Civil Code;
 FLORES V. DRILON 6/22/93;
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 LOKIN V. COMELEC, 6/22/10;

 LEAGUE OF CITIES V. COMELEC, 8/24/10;
 ARAULLO V. AQUINO, 2/3/15

H. Political Question # Justiciable Question

 OPOSA V. FACTORAN 7/30/93;
 GARCIA V. CORONA 12/17/99;
 VELARDE V. SJS 4/28/04;
 VINUYA V. ROMULO, 4/28/10;
 DIOCESE V. COMELEC, 1/21/15

IV. PHILIPPINE STATE

A. State Defined-Elements
 COLLECTOR V. CAMPOS RUEDA 42 SCRA 23 [1971]

B. Territory- The Archipelago Concept;

 Art. 1, 1987 Constitution;

Tips:https://www.youtube.com/watch?v=AuHQvtQSbyQ

1. The Philippine Archipelago

 REAGAN V. CIR, 12/27/69; PEOPLE V. GOZO, 10/26/73;

Article: “A Framework for the Study of National Territory: A Statement of the

Problem”, by MM Magollona, IBP Journal, Pp. 1-27, Vol. 33, No. 2, 9/2008

a. Treaty Limits-
 Art. III, Treaty of Paris, 12/10/1898;
 Treaty of Washington between Spain & US 11/ 7/1900;
 Treaty between the US and GB 1/2/1930

b. Methods of Determining Baselines-

 RA No. 3046, 6/17/61;
 RA No. 5446, 9/8/68;
 RA No. 9522, 3/10/09;
 MAGALLONA V. ERMITA, 8/16/11

2. Other Territories over which the Philippines have Sovereignty or Jurisdiction

 PD No.1596, 6/11/78 [Kalayaan Islands];

 Scarborough Shoal; Article: Kalayaan Islands by Amb. Pacifico Castro,
Lawyer’s Review, Page 4, 12/31/99

3. The territorial Sea, the Sea Bed, the Subsoil, the Insular Shelves and other Submarine Areas

4. Two Hundred-Mile Exclusive Economic Zone

PD No. 1599, 6/11/78;

UN Convention on the Law of the Sea, 4/30/82;

Arbitration on UNCLOS: https://www.pcacases.com/pcadocs/PH-CN%20-

%2020160712%20%20Award.pdf

(Award);https://academic.oup.com/chinesejil/article/15/2/265/2548386(Commentary)
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C. People

1. Meaning of “People”

a. Inhabitants

 Secs. 15 & 16, Art. II;

ARTICLE II: STATE
Section 15. The State shall protect and promote the right to health of the people
and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony
of nature.

 Sec. 2, Art. III;

ARTICLE III: BILL OF RIGHTS
Section 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or
things to be seized

 Sec. 1, Art. XIII, 1987 Const;

 ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall give highest priority to the enactment of measures
that protect and enhance the right of all the people to human dignity,
reduce social, economic, and political inequalities, and remove cultural
inequities by equitably diffusing wealth and political power for the
common good. To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its increments.

 QUA CHEE GAN V. DEP. BOARD 9/30/63

as the Jones Law or the Philippine Bill, which allowed any public officer to make such
determination. Under the Constitution, the court reasoned that it is doubtful whether the
arrest of an individual may be ordered by any authority other than a judge, especially if the
purpose is merely to determine the existence of a probable cause in an administrative
investigation. Therefore, the court concluded that the warrant of arrest issued by the
Deportation Board, which lacked the authority and discretion to issue such warrants, was
illegal and declared it null and void

b.Citizens

 Preamble;
We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society, and establish a Government that
shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution
 Secs. 1 & 4, Art. II;
ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 1. The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from
them
Section 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required,
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under conditions provided by law, to render personal, military or

civil service
 Sec. 7, Art. III, 1987 Consti
ARTICLE III: BILL OF RIGHTS
Section 7. The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.

c. Electors
 Sec. 2, Art. VI;
ARTICLE VI: LEGISLATIVE DEPARTMENT
Section 2. The Senate shall be composed of twenty-four Senators who shall
be elected at large by the qualified voters of the Philippines, as may be
provided by law.
 Sec. 4, Art. VII;
Section 4. The President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at noon on the
thirtieth day of June next following the day of the election and shall end at
noon of the same date, six years thereafter. The President shall not be
eligible for any re-election. No person who has succeeded as President and
has served as such for more than four years shall be qualified for election to
the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as
an interruption in the continuity of the service for the full term for which he
was elected. Unless otherwise provided by law, the regular election for
President and Vice-President shall be held on the second Monday of May.
The returns of every election for President and Vice-President, duly certified
by the board of canvassers of each province or city, shall be transmitted to
the Congress, directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not later than thirty
days after the day of the election, open all the certificates in the presence of
the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof
in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected,
but in case two or more shall have an equal and highest number of votes,
one of them shall forthwith be chosen by the vote of a majority of all the
Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.
The Supreme Court, sitting en banc, shall be the sole judge of all contests
relating to the election, returns, and qualifications of the President or Vice-
President, and may promulgate its rules for the purpose.

 Sec. 25, Art. XVIII, 1987 Const

ARTICLE XVIII: TRANSITORY PROVISIONS
Section 25. After the expiration in 1991 of the Agreement between the
Republic of the Philippines and the United States of America concerning
military bases, foreign military bases, troops, or facilities shall not be
allowed in the Philippines except under a treaty duly concurred in by the
Senate and, when the Congress so requires, ratified by a majority of the
votes cast by the people in a national referendum held for that purpose, and
recognized as a treaty by the other contracting State

2. Citizenship

Breather: https://www.youtube.com/watch?v=bZaTH_6of_o
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a. Importance
 LEE V. DIR., 10/3/01;
 MABANAG V. REGISTER, 3/29/10
Sec. 1, Art. IV, 1987 Const;

ARTICLE IV: CITIZENSHIP

Section 1. The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;

2. Those whose fathers or mothers are citizens of the Philippines

3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship
upon reaching the age of majority; and

4. Those who are naturalized in the accordance with law

 TECSON V. COMELEC 3/3/04;

 RP V. CHULE LIM, 1/13/04;
 GONZALES V. PENNISI, 3/5/10

b. Election of Philippine Citizenship

 CA No. 625, 6/7/41; IN RE: CHING 10/1/99;
 RP V. LIM 1/3/04;
 MA V. FERNANDEZ, 7/26/10;
 RP V. SAGUN, 2/15/12 [Legitimate child & other requirements]

c. Natural Born Citizens

 Art. IV, Sec. 2;

ARTICLE IV: CITIZENSHIP

Section 2.

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform
any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

 POE-LLAMANARES V. COMELEC, 3/8/16

 DAVID V. SET, 9/20/16 [foundlings (conventions, circumstantial evidence,
adoption laws)];
 RA No. 11767, 5/6/22
AN ACT PROMOTING THE RIGHTS OF AND PROVIDING GREATER
PROTECTIONS TO DESERTED OR ABANDONED CHILDREN WITH
UNKNOWN PARENTS, AMENDING FOR THIS PURPOSE ARTICLES 276
AND 277 OF THE REVISED PENAL CODE AND SPECIAL LAWS,
RECOGNIZING THEIR STATUS AS NATURAL-BORN CITIZENS OF THE
PHILIPPINES, PROVIDING PENALTIES AGAINST ACTS INIMICAL TO THEIR
WELFARE, AND FOR OTHER PURPOSES

 Government Posts covered: President-Sec. 2, Art. VII;

ARTICLE VII: EXECUTIVE DEPARTMENT
Section 2. No person may be elected President unless he is a natural-
born citizen of the Philippines, a registered voter, able to read and write,
at least forty years of age on the day of the election, and a resident of
the Philippines for at least ten years immediately preceding such
election.

 Vice-President-Sec. 3, Art. VII;

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 ARTICLE VII: EXECUTIVE DEPARTMENT

Section 3. There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with, and in the same
manner, as the President. He may be removed from office in the same
manner as the President. The Vice-President may be appointed as a
Member of the Cabinet. Such appointment requires no confirmation.

 Members of Congress- Secs. 3 & 6, Art. VI;

ARTICLE VI: THE LEGISLATIVE DEPARTMENT
Section 3. No person shall be a Senator unless he is a natural-born
citizen of the Philippines and, on the day of the election, is at least
thirty-five years of age, able to read and write, a registered voter, and a
resident of the Philippines for not less than two years immediately
preceding the day of the election
Section 6. No person shall be a Member of the House of Representatives
unless he is a natural-born citizen of the Philippines and, on the day of
the election, is at least twenty-five years of age, able to read and write,
and, except the party-list representatives, a registered voter in the
district in which he shall be elected, and a resident thereof for a period
of not less than one year immediately preceding the day of the election.

 Justices of the Supreme Court/Lower Collegiate Courts- Sec. 7, Art. VIII;

ARTICLE VIII: JUDICIAL DEPARTMENT
Section 7.
1. No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born citizen of the
Philippines. A Member of the Supreme Court must be at least forty
years of age, and must have been for fifteen years or more, a judge of a
lower court or engaged in the practice of law in the Philippines.

2. The Congress shall prescribe the qualifications of judges of lower

courts, but no person may be appointed judge thereof unless he is a
citizen of the Philippines and a member of the Philippine Bar. 3. A
Member of the Judiciary must be a person of proven competence,
integrity, probity, and independence.

 Ombudsman & Deputies-Sec. 8, Art. XI;

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS
Section 8.
The Ombudsman and his Deputies shall be natural-born citizens of the
Philippines, and at the time of their appointment, at least forty years
old, of recognized probity and independence, and members of the
Philippine Bar, and must not have been candidates for any elective office
in the immediately preceding election. The Ombudsman must have, for
ten years or more, been a judge or engaged in the practice of law in the
Philippines. During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in Section 2 of Article
1X-A of this Constitution.

 Members of the Constitutional Commissions- Sec. 1(1), Art. IX-B, Sec.

1(1), Art. IX-C, and Sec. 1(1), Art. IX-D;
ARTICLE IX-B: THE CIVIL SERVICE COMMISION
Section 1. 1.
The civil service shall be administered by the Civil Service Commission
composed of a Chairman and two Commissioners who shall be natural-
born citizens of the Philippines and, at the time of their appointment, at
least thirty-five years of age, with proven capacity for public
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administration, and must not have been candidates for any elective
position in the elections immediately preceding their appointment.

 Members of the Central Monetary Board- Sec. 20, Art. XII;

ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY
Section 20.
The Congress shall establish an independent central monetary authority,
the members of whose governing board must be natural-born Filipino
citizens, of known probity, integrity, and patriotism, the majority of
whom shall come from the private sector. They shall also be subject to
such other qualifications and disabilities as may be prescribed by law.
The authority shall provide policy direction in the areas of money,
banking, and credit. It shall have supervision over the operations of
banks and exercise such regulatory powers as may be provided by law
over the operations of finance companies and other institutions
performing similar functions. Until the Congress otherwise provides, the
Central Bank of the Philippines operating under existing laws, shall
function as the central monetary authority.

 Members of the Commission on Human Rights- Sec. 17 (2), Art. XIII;

ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS
Section 17. (Human Rights)
(2). The Commission shall be composed of a Chairman and four
Members who must be natural-born citizens of the Philippines and a
majority of whom shall be members of the Bar. The term of office and
other qualifications and disabilities of the Members of the Commission
shall be provided by law.

 all of the 1987 Const

d. Naturalized Citizens
 RA No. 9139, 6/8/01;
AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP
FOR CERTAIN ALIENS BY ADMINISTRATIVE NATURALIZATION AND FOR
OTHER PURPOSES

 CA No. 473, 6/17/39

Commonwealth Act No. 473, June 17, 1939

AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP BY

NATURALIZATION, AND TO REPEAL ACTS NUMBERED TWENTY-NINE HUNDRED
AND TWENTY-SEVEN AND THIRTY-FOUR HUNDRED AND FORTY-EIGHT

• Who are qualified

 RA No. 6809 [Age of Majority]

 Sec. 6, Art. XIV, 1987 Const [Residency Requirement to 5 years];
 Declaration of Intention;
 Procedure;
 Executory Decision- Sec. 1, RA No. 530, 6/16/50;
 Denaturalization; CO V. CIVIL 2/23/04;
 SO V. RP, 1/29/07;
 RP V. LI, 3/20/13 [declaration of intention];
 GO V. RP., 7/2/14 [witness credibility & residence];
 RP V. KARBASI, 7/29/15 [Lucrative Income/reciprocity exception];
 RP V. HUANG, 3/18/15 [income & credibility];
 RP V. LAO, 2/10/20
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• A.M. No. 21-07-22, 15 February 2022 [Rule on Facilitated Naturalization for Refugees and
Stateless Persons]

• Derivative Citizenship by an Alien Spouse

 RP. V. BATUIGAS, 10/7/13;

 RP V. LAO, 2/10/20

3. Loss and Re-acquisition of Citizenship

• Sec. 3, Art. IV, 1987 Const;

• CA No. 63, 10/21/36;
• RA No. 9225, 8/29/03;
• SOBEJANA-CONDON V. COMELEC, 8/10/12;
• MAQUILING V. COMELEC, 4/16/13
• ARNADO V. COMELEC, 8/18/15 [subsequent use of foreign passport];
• DAVID V. AGBAY, 3/18/15 [coverage of RA 9225 & requirements];
• TAN V. CRISOLOGO, 11/8/17 [retroactivity];
• GANA-CARAIT V. COMELEC, 8/9/22.

Tips: https://www.youtube.com/watch?v=bZaTH_6of_o&t=646s

a. Loss of Citizenship

1. Naturalization in Foreign Country

• RP V. DELA ROSA 6/6/94

2. Express Renunciation or Expatriation

• YU V. DEFENSOR-SANTIAGO 1/24/89;
• AZNAR V. COMELEC 5/25/90
b. Re-acquisition or Repatriation

• RA No. 8171, 10/23/95;

• VALLES V. COMELEC 8/9/00;
• BENGZON III V. HRET 5/7/01;
• ALTERAJOS V. COMELEC, 11/10/04;
• TABASA V. CA 8/29/06;
• RP V. BATUIGAS, 10/7/13

4. Dual Allegiance

Sec. 5, Art. IV, 1987 Const;

Sec. 40 (d), RA No. 7160, 10/10/91;
• MERCADO V. MANZANO 5/26/99;
• ARNADO V. COMELEC, 8/18/15

D. Sovereignty-Sovereign Immunity

a. Basis/theories-Sec. 3, Art. XVI, 1987 Const;

• RP V. VILLASOR 11/28/73;
• CHINA V. SANTAMARIA, 2/2/12
• Sigway: https://www.youtube.com/watch?v=BCczTbEu-8o [Domestic]

https://www.youtube.com/watch?v=lTYvBwfoBqQ [International]

b. Acts of State

• HARVEY V. COMM. 6/28/88;

• RUBRICO V. ARROYO, 2/18/10

c. When the suit is against the State

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• BEGOSA V. CHAIRMAN 4/30/70;

• WYLIE V. RARANG 5/28/92;
• THE HOLY SEE V. HON, 12/17/94;
• CALUB V. CA 4/27/00;
• MINUCHER V. CA, 2/11/03;
• RP OF INDONESIA V. VINZON, 6/26/03;
• DOH V. PHIL 3/13/07;
• DEUTSCHE V. CA, 4/15/09;
• SHELL V. JALOS, 9/8/10;
• PTRI V. CA, 10/9/19
d. Consent to be sued

1. How Given

• DA V. NLRC 11/11/93;
• CITY V. PHUTURE, 1/17/18

2. Express Consent

a) Money Claims arising from Contracts

• CA No. 3038; CA 327;

• PD No. 1445;
• SAYSON V. SINGSON 12/19/73;
• RP V. PURISIMA, 8/31/77
b) Incorporation of Government Owned and Controlled Corporations-

• NHA V. HEIRS 6/19/03;

• SSS V. CA, 2/21/83;
• NHA V. ROXAS, 10/21/15

c) Torts committed by Special Agents

• MERITT V. GOVT, 3/21/16

3. Implied Consent

a) Government Enters into Business Contracts

• US V. GUINTO 2/26/90;
• FONTANILLA V. MALIAMAN, 2/27/91;
• DEPT V. OÑATE 6/8/07

b) Inequitable to Claim Immunity

• EPG V. VIGILAR 3/16/01;

• RP V. UNIMEX 3/9/07;
• ATCI V. ECHIN, 10/11/10;
• MMDA V. DM CONSUNJI, 2/20/19

c) Government Initiates Complaint

• LIM V. BROWNELL, 3/24/60;

• RP V. SANDIGANBAYAN, 2/28/90;
• RP V. SANDIGANBAYAN 3/6/06;
• PIDACAN V. ATO, 8/25/10
4. Scope of Consent

a) Under Act No. 3083; COMM. V. SAN DIEGO 2/18/70

b) Under a Charter- PNB V. CIR 1/32/78
c) Execution
• DFA V. NLRC 9/18/96;
• CALOOCAN V. ALLARDE, 8/10/03;
• RP. V.HIDALGO 12/9/05

a. Suability V. Liability
• Art. 2180, Civil Code [Quasi-Delict by a Special Agent];
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• MERRIT V. GOVT 3/21/16;

• MUN V. DUMDUM, 3/22/10;
• UP V. DIZON, 8/23/12;
• NHA V. ROXAS, 10/21/15

b. ANNOTATION: DIPLOMATIC IMMUNITY 323 SCRA 699

E. Government “Government” in general;

• Sec. 2 (2), EO No. 292 [The Revised Administrative Code of 1987], 7/25/87;
• PP V. SB, 8/12/03;
• MIAA V. CA, 7/20/06