GRANTING TRO IS A MORE PRUDENT ACTION FOR SC 4
Especially if petitioners have shown prima facie right to exemption from CARL 4
AMENDING SOME PROVISION S OF THE IBP BY-LAWS IN ORDER 11
These are Sections 31, 33[g], 39, 42-43, Art. VI and Sec. 47, Art. VII 11
HIGH-HANDED TACTICS OF ATTY. VINLUAN AND COMPANY. 12
Constitute grave professional misconduct and disqualifies them from running again 12
DULY ELECTED GMR AND WESTERN VISAYAS REGION GOVERNORS 13
Attys. Maramba and Fortunato are duly elected for GMR and Western Visayas Regions 13
LANAO DEL SUR CHAPTER MAY REPRESENT WESTERN MINDANAO 15
The “rotation rule” is not absolute and is subject to waiver 15
SPECIAL ELECTION OF WESTERN MINDANAO REGION GOVERNOR 16
As Atty. Nasser Marohomsalic was duly elected, there is no need for special election 17
“ROTATION RULE” NOT ABSOLUTE 18
It may be waived by chapters of the region 18
ROTATION OF THE PRESIDENCY AMONG THE REGION 19
The EVP automatically becomes president for the next term 19
CONSTITUTIONAL RIGHT AGAINST DOUBLE JEOPARDY 22
Judgment in one case bars prosecution for another involving same crime 22
NON-APPEARANCE AT ARRAIGNMENT IN SUBSISTING CASE 26
Non-waiver of right to maintain his petition for dismissal on jeopardy 26
RECKLESS IMPRUDENCE IS A SINGLE CRIME 27
Injuries to persons and properties material only to determine penalty 27
APPLICATION OF ARTICLE 48 OF THE RPC 31
Does not cover acts penalized under Article 365 of the RPC 31
EXERCISE OF POWER OF JUDICIAL REVIEW 42
Essential requisites for judicial review 42
GENERALLY, A TAXPAYER HAS NO LEGAL STANDING 42
So, generally also, taxpayer-petitioner Biraogo has no legal standing 42
LEGISLATORS HAVE LEGAL STANDING TO FILE SUIT 44
Their locus standi inheres from their positions as congressmen 44
RULE ON LEGAL STANDING MAY BE RELAXED 44
Matter of transcendental importance falls under the exceptions 45
COMMISSION’S CREATION NOT JUSTIFIED BY POWER OF CONTROL 46
Creation of PTC is not justified by the President’s power of control 46
CONGRESSIONAL POWER TO APPROPRIATE FUNDS 46
Allocation of existing funds no transgression of Congress power 46
CREATION OF THE COMMISISION UNDER SEC. 31 OF RAC 47
Not within the ambit of President’s power to reorganize the executive department 47
JUSTIFICATION FOR POWER TO CREATE COMMISSION 47
Power to faithfully execute the laws may justify Commission’s creation 47
PRESIDENT HAS NO POWER TO CREATE NEW OFFICE 49
Congress did not empower the President to create new office 49
REORGANIZATION PRESUPPOSES AN EXISTING OFFICE 49
Newly-created office not within the power to reorganize the executive department 49
OMBUDSMAN AND DOJ’ S POWERS NOT SUPPLANTED 50
Both agencies retain their respective powers 50
EO 1 VIOLATES EQUAL PROTECTION CLAUSE 53
SC finds difficulty in upholding constitutionality of Commission 53
REASONABLENESS OF CLASSIFICATION 55
Four essential requisites of test of reasonableness 55
DEFENSE OF DENIAL AND ALIBI 64
Cannot be accorded greater evidentiary value 64
IN RAPE BY A FATHER OF HIS DAUGHTER 65
Moral ascendancy minimizes resistance 65
RTC’S ASSESSMENT OF TESTIMONY DESERVES GREAT WEIGHT 65
It is conclusive if not tainted with arbitrariness 65
TESTIMONY OF THE RAPE VICTIM CREDIBLE 67
Testimony is untainted by any hint of falsehood or prevarication 67
PENALTIES IN INCESTUOUS RAPE AND VICTIM IS A MINOR 67
Penalty of death was correctly imposed 67
CREDILITY OF WITNESS AND TESTIMONY 70
Audit of accounts supported by documentary evidence is credible 70
IMPUTING DISAPPERANCE OF MONEY TO ANOTHER 70
Not credible in view of admission that she had sole possession of rubber stamp 70
ELEMENTS OF ILLEGAL POSSESSION OF DRUGS 73
When proven, findings of trial court may not be disturbed 73
EXCEPTIONAL CASES WHERE WARRANTLESS ARREST IS VALID 73
An accused actually committing the crime can be arrested without warrant 73
EXISTENCE OF PROBABLE CAUSE 74
Must precede warrantless arrest 74
PROCEDURE IN THE CUSTODY OF SEIZED DRUGS 74
Need not be followed with pedantic rigor 74
WARRANTLESS SEIZURE AND ARREST 75
Objections to acquisition of jurisdiction over accused must be made before plea 75
