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LEGARDA VS. SALDAÑA

G.R. No. L-26578, January 28, 1974 FACTS: Saldaña had entered into two written contracts with Legarda, a subdivision owner, whereby Legarda agreed to sell to him two of his lots for 1,500 per lot, payable over a span of 10 years on 120 monthly installments with 10% interest per annum. Saldaña paid for eight consecutive years but did not make any further payments due to Legarda’s failure to make the necessary improvement on the said lot which was promised by their representative, the said Mr. Cenon. Saldaña already paid a total of Php3,582.06. The statement of account shows that Saldaña paid Php1,682.28 of the principal and Php1,889.78 for the interest. It did not distinguish which of the two said lots was paid. Petitioner, then, rescinded the contract based on the stipulation of the contract that payments made by respondent shall be considered as rentals and any improvements made shall be forfeited in favor of the petitioner. The lower court ruled sustaining petitioner’s cancellation o...

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 Sy...

Poe vs. Arroyo PET Case No. 0002, March 29, 2005

Facts: During the May 10, 2004 Presidential Elections, Arroyo was declared as the candidate who garnered the most number of votes for the presidency while FPJ followed in the second place. July 23, 2004 FPJ filed an election protest at the Presidential Electoral Tribunal contesting the votes of Arroyo. On December 14, 2004, the Protestant died in the course of his medical treatment at St. Luke’s Hospital. Issue: May the widow substitute/intervene for the protestant who died during the pendency of the latter’s presidential protest case? Held: NO.Rule 14. Election Protest. Only the registered candidate for President or for Vice-President of the Philippines who received the second or third highest number of votes may contest the election of the President or the Vice-President, as the case may be, by filing a verified petition with the Clerk of the Presidential Electoral Tribunal within thirty (30) days after the proclamation of the winner. Since in this case, no real partie...

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, (...

PEOPLE OF THE PHILIPPINES vs. JOSELITO NOQUE y GOMEZ

G.R. No. 175319 January 15, 2010 PEOPLE OF THE PHILIPPINES vs. JOSELITO NOQUE y GOMEZ Accused Joselito Noque sold 2.779 and 2. shabu’ and had in his possession and custody 679.215 grams of ‘shabu’. He avers that his conviction for the sale and possession of shabu, despite the fact that what was established and proven was the sale and possession of ephedrine, violated his constitutional right to be informed of the nature and cause of the accusations against him since the charges in the Informations are for selling and possessing methamphetamine hydrochloride. ISSUE: Was the accused right to be informed of the nature and cause of the accusations against him violated? HELD: Accused’s right to be informed of the nature and cause of the accusations was not violated because when is charged with a specific crime, he is duly informed not only of such specific crime but also of lesser crimes or offenses included therein. it is clear that the designations and allegations in the In...

AASJS vs Datumanong

AASJS vs Datumanong Petitioner prays that a writ of prohibition be issued to stop respondent from implementing Republic Act No. 9225, entitled "An Act Making the Citizenship of Philippine Citizens Who Acquire Foreign Citizenship Permanent, Amending for the Purpose Commonwealth Act No. 63, As Amended, and for Other Purposes." Petitioner avers that Rep. Act No. 9225 is unconstitutional as it violates Section 5, Article IV of the 1987 Constitution that states, "Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law." ISSUE: By recognizing & allowing dual allegiance, is RA 9225 unconstitutional? HELD: No. Section 5, Article IV of the Constitution is a declaration of a policy and it is not a self-executing provision. The legislature still has to enact the law on dual allegiance. In Sections 2 and 3 of Rep. Act No. 9225, the framers were not concerned with dual citizenship per se, but with the status of naturalized citizens who...

Jacot vs. Dal

Jacot vs. Dal Petitioner Nestor Jacot assails the Resolution of COMELEC disqualifying him from running for the position of Vice-Mayor of Catarman, Camiguin, in the 14 May 2007 National and Local Elections, on the ground that he failed to make a personal renouncement of US citizenship. He was a natural born citizen of the Philippines, who became a naturalized citizen of the US on 13 December 1989. He sought to reacquire his Philippine citizenship under Republic Act No. 9225. ISSUE: Did Nestor Jacot effectively renounce his US citizenship so as to qualify him to run as a vice-mayor? HELD: No. It bears to emphasize that the oath of allegiance is a general requirement for all those who wish to run as candidates in Philippine elections; while the renunciation of foreign citizenship is an additional requisite only for those who have retained or reacquired Philippine citizenship under Republic Act No. 9225 and who seek elective public posts, considering their special circumstance of having m...