G.R. No. 148560 November 19, 2001

FACTS:

On April 4, 2001, the Office of the Ombudsman filed before the Sandiganbayan eight (8) separate Information against President Joseph Ejercito Estrada, the highest-ranking official,  for violation of the Plunder Law (Crim. Case No. 26558), Anti-Graft and Corrupt Practices Act (Crim. Cases Nos. 26559 to 26562), The Code of Conduct and Ethical Standards for Public Officials and Employees (Crim. Case No. 26563), Perjury (Crim. Case No. 26564), and Illegal Use Of An Alias (26565).

On April 11, 2001, petitioner, bewails the failure of the law to provide for the statutory definition of the terms “combination” and “series” in the key phrase “a combination or series of overt or criminal acts” found in Sec. 1, par. (d), and Sec. 2, and the word “pattern” in Sec. 4. These omissions, according to petitioner, render the Plunder Law unconstitutional for being impermissibly vague and overbroad and deny him the right to be informed of the nature and cause of the accusation against him, hence, violative of his fundamental right to due process.

G.R. No. 141010. February 7, 2007

FACTS

BF Homes Parañaque Subdivision is the largest subdivision in the country. On 11 November 1997, the Municipal Council of Parañaque enacted Municipal Ordinance No. 97-085 entitled, “An Ordinance Prescribing the Comprehensive Land Use Plan & Zoning of the Municipality of Parañaque Pursuant to the Local Government Code of 1991 and Other Pertinent Laws.” Sections 11.5 and 11.6 of Municipal Ordinance No. 97-08, reclassifying El Grande and Aguirre Avenues in BF Homes Parañaque from residential to commercial areas.

In 1998, petitioners alleged that the reclassification of certain portions of BF Homes Parañaque from residential to commercial zone is unconstitutional because it amounts to impairment of the contracts between the developer of BF Homes Parañaque and the lot buyers. Petitioners cited the annotation on the lot buyers’ titles which provides that “the property shall be used for residential purposes only and for no other purpose.” Public respondents alleged that the passage of Municipal Ordinance No. 97-08 is a valid exercise of police power by the Municipal Council of Parañaque and that such ordinance can nullify or supersede the contractual obligations entered into by the petitioners and the developer.

The Court of Appeals held that the enactment was a valid exercise of police power by the Municipality.

G.R. No. 129295. August 15, 2001

FACTS

In the early evening of January 6, 1996, Edwin Morial, Leonardo Morial and Nonelito Abeñon allegedly committed robbery and to silence any witnesses, they killed the occupants of the house, Paula Bandibas and her three-year old grandson Albert. Gabriel Guilao revealed that he witnessed Paula’s killing and confirmed that the three accused were the perpetrators. At 11:00 p.m., the police arrived to investigate the killing of the Bandibases and brought the accused to the police station for the continuation of the investigation. SPO4 Fernandez testified that the investigation he conducted resulted in an admission by Leonardo Morial that he was one of those who participated in the robbery with homicide. SPO4 Fernandez asked Leonardo whether he was willing to reduce his statement into writing and to sign the same. The suspect answered positively. He also volunteered to obtain a lawyer for the suspect, to which Leonardo Morial consented.

VOL. 80, JANUARY 27, 1948

FACTS

The Philippine Legislature has delegated the exercise of the police power to the Municipal Board of the City of Manila which is provided in Administrative Code, Sec. 2439. Included among others is the power granted “ (1) to provide prohibition and suppression of riots, affrays, disturbances and disorderly assemblies, (2)  to regulate the use of streets, parks and other public places (3) to enact ordinances it may deem necessary and proper for sanitation and safety…”

Under the delegated power of Philippine Legislature, the Municipal Board of the City of Manila, enacted Revised Ordinance of 1927 that prohibits any act in public place, meeting or procession tending to disrupt public peace or riot or disquiet any congregation engaged in any lawful assembly (Sec 844) and to secure permit from the mayor for the use of public places and streets.