Skip to main content

Brilliante vs. People

Facts: On January 7, 1988, Brillante, then a candidate for the position of Councilor in Makati, held a press conference at the Makati Sports Club which was attended by some 50 journalists. In the course of the press conference, Brillante accused Binay of plotting the assassination of Syjuco. He further accused Binay of terrorism, intimidation and harassment of the Makati electorate. Brillante also circulated among the journalists copies of an open letter to President Aquino which discussed in detail his charges against Binay.3
Several journalists who attended the press conference wrote news articles about the same. Angel Gonong, a writer for the People’s Journal, wrote a news article entitled "Binay Accused of Plotting Slays of Rivals." It was cleared for publication by Max Buan, Jr. (Buan), and Luis Camino (Camino), Editor-in-Chief and News Editor, respectively, of the People’s Journal. Gloria Hernandez (Hernandez) wrote a similar article entitled "Binay Slay Plan on Syjuco" which was cleared for publication by Augusto Villanueva (Villanueva) and Virgilio Manuel (Manuel), Editor-in-Chief and News Editor, respectively, of the News Today.


Issue: Was Brillainte’s right to equal protection of the law violated?

HELD: NO, The Court agrees with the appellate court that Brillante’s right to equal protection of the laws was not violated when he was convicted of libel while his co-accused were acquitted.
The equal protection clause is not absolute; rather, it permits of reasonable classification. If the classification is characterized by real and substantial differences, one class may be treated differently from another.87 It is sufficient that the law operates equally and uniformly on all persons under similar circumstances or that all persons are treated in the same manner, the conditions not being different, both in the privileges conferred and the liabilities imposed.

Comments

Post a Comment

Popular posts from this blog

Senate vs. Ermita , GR 169777, April 20, 2006

Senate vs. Ermita , GR 169777, April 20, 2006 FACTS: This is a petition for certiorari and prohibition proffer that the President has abused power by issuing E.O. 464 “Ensuring Observance of the Principles of Separation of Powers, Adherence to the Rule on Executive Privilege and Respect for the Rights of Public Officials Appearing in Legislative Inquiries in Aid of Legislation Under the Constitution, and for Other Purposes”. Petitioners pray for its declaration as null and void for being unconstitutional. In the exercise of its legislative power, the Senate of the Philippines, through its various Senate Committees, conducts inquiries or investigations in aid of legislation which call for, inter alia, the attendance of officials and employees of the executive department, bureaus, and offices including those employed in Government Owned and Controlled Corporations, the Armed Forces of the Philippines (AFP), and the Philippine National Police (PNP). The Committee of the Senate issued inv...
3 comments
Read more

Pimentel vs. COMELEC GR 161658, Nov. 3, 2003

Facts: Congress passed RA 9165, Comprehensive Dangerous Drugs Act of 2002, and makes it mandatory for candidates for public office, students of secondary and tertiary schools, officers and employees of public and private offices, and persons charged before the prosecutor’s office with certain offenses, among other personalities, to undergo a drug test. Hence, Senator Pimentel, who is a senatorial candidate for the 2004 synchronized elections, challenged Section 36(g) of the said law. Issue: is the mandatory drug testing of candidates for public office an unconstitutional imposition of additional qualification on candidates for Senator? Held: Yes. Section 36 (g) of RA 9165, requiring all candidates for public office whether appointed or elected both in the national or local government undergo a mandatory drug test is UNCONSITUTIONAL. Under Sec.3, Art. VI of the Constitution, an aspiring candidate for Senator needs only to meet 5 qualifications: (1) citizenship, (2) voter registration, (...
Post a Comment
Read more

legal ethics

A.C. No. 3523 January 17, 2005 RASMUS G. ANDERSON, JR., petitioner, vs. ATTY. REYNALDO A. CARDEÑO, respondent. Administrative case against Atty. Reynaldo A. Cardeño for malpractice and neglect of duty, stemming from his alleged neglect or deliberate mishandling of a case. Held: SUSPENDED (6) months and WARNED that any similar infraction in the future will be dealt with more severely. Thus, respondent’s defenses that the complainant was "uncooperative" as a client, that the voluminous records turned over to him were in disarray, and that the complainant did not disclose to him certain particulars of the case, are all unavailing. Thus, in view of the fact that he remained counsel of record for the complainant, it was highly irregular for him to entrust the filing of the Motion for Reconsideration to other people who did not lawfully appear interested in the subject litigation. As a lawyer representing the cause of his client, he should have taken more control over th...
5 comments
Read more