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political law
Administrative Law•Law School Notes•Political Law•Public Officers Law

Richard T. Martel, Allan C. Putong, Abel A. Guiñares, Victoria G. Mier, and Edgar C. Gan  vs. People of the Philippines.

January 30, 2023 by Vala No Comments

G.R. Nos. 224765-68

FACTS: 

The Sandiganbayan found the petitioners  guilty beyond reasonable doubt for violation of Section 3(e) of R.A. 3019. In 2003, it was alleged that the petitioners procured five motor vehicles for the use of the Governor and Vice Governor of Davao del Sur  in a manner violative of procurement laws.   The procurement of the subject vehicles was not subjected to competitive public bidding as it was effected through direct purchase. By preselecting the vehicle models to be procured, petitioners are alleged to have acted with manifest partiality in favor of their preferred suppliers and accorded them unwarranted benefit and advantage, causing undue injury to the government. 

Petitioners filed their separate appeals before the Court. 

The People of the Philippines contend that the petitions must be denied because the grounds relied upon involve questions of fact.  Moreover, the petitions amount to a collateral attack on the judgment of conviction by raising doubt as to whether the acts of petitioners were sufficient to establish criminal liability, thereby assailing the Sandiganbayan’s appreciation of evidence.

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Constitutional Law•Law School Notes•Political Law

House of Representatives Electoral Tribunal vs. Daisy B. Panga-Vega

by Vala No Comments

G.R. No. 228236, January 27, 2021.

FACTS:

Panga-Vega, then Secretary of the House of Representatives Electoral Tribunal (HRET), requested authority to avail of the 15 days of special leave benefit under Republic Act (RA) No. 9710, otherwise known as the Magna Carta of Women to undergo hysterectomy.  The HRET approved Panga-Vega’s request for special leave for a period not exceeding two months starting February 7, 2011.  After a month of availing of the special leave, Panga­ Vega informed the HRET Chairperson that she was reassuring her duties and functions. She also presented a medical certificate that she was already “fit to work”.  The HRET directed Panga-Vega to consume her 2-month special leave given her need for prolonged rest following her hysterectomy, and in view of a pending investigation on her alleged alteration or tampering one minute of the meeting that could subject her to more stress. She sought reconsideration of this HRET Resolution but was denied pointing out the confusion and doubts regarding her true medical condition as caused by her medical certificates. 

The CSC ruled that she only needed to present a medical certificate attesting her physical fitness to return to work and need not exhaust the full leave she applied for under RA No. 9710. It was further held that applying the rules on maternity leave, she is entitled to both the commuted money value of the unexpired portion of the special leave and her salary for actual services rendered effective the day she reported back for work. 

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Constitutional Law•Law School Notes•Local Government Code•Political Law

Artoo P. Garin, vs. City Of Muntinlupa

by Vala No Comments

G.R. No. 216492, January 20, 2021.

FACTS

Garin (Garin), a resident of Pasig City, wanted to build a house in Katarungan Village in Muntinlupa City. Per Section 10 of Muntinlupa City Ordinance No. 02-047, one of the prerequisites to secure a building permit is a clearance from the homeowners’ association. Garin requested clearance from Katarungan Village Homeowners Association (Katarungan), but clarified that “he is not a member of the association.” However, Katarungan refused to give the required clearance until he paid an assessment fee and signed up for membership in their association. 

Garin filed a Petition for Mandamus to compel the City of Muntinlupa to accept his application for processing, even without the required clearance. He also prayed that Section 10 of Muntinlupa City Ordinance No. 02-047 be declared unconstitutional “insofar as it relates to the tasking of the homeowners association for the issuance of clearance.

The RTC denied petitioner’s application for preliminary injunction and suspended the case pending petitioner’s exhaustion of administrative remedies.

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Law School Notes•Political Law

Mario L. Relampagos vs People of the Philippines.

by Vala No Comments

G.R. No. 235480, January 27, 2021.

FACTS:

In 2013, following Benhur Luy’s (Luy) rescue from his alleged illegal detention by Napoles and the latter’s brother, by the National Bureau of Investigation (NBI) agents, Luy executed an affidavit confirming the allegations regarding the PDAF scam. The Field Investigation Office (FIO) of the Office of the Ombudsman (Ombudsman) likewise conducted a parallel fact-finding investigation. 

Thereafter, NBI and the FIO filed their respective complaints against those involved in the complex scheme. Then Undersecretary Mario L. Relampagos (Relampagos) and his staff were indicted by the Ombudsman for violations of Articles 210, 212, and 217 (Malversation) of the RPC and violations of Section 3(b), (e), (g), and (h) and Section 4 of RA 3019, as amended, and RA 6713.

After the preliminary investigation, the Ombudsman found probable cause against petitioners for two (2) counts of violation of Section 3(e) of RA 3019, as amended, and two (2) counts of Malversation under the RPC. The Ombudsman indicted the petitioners of facilitating with “undue haste” the processing of the Special Allotment Release Orders (SAROs) and Notice of Cash Allocations (NCAs) pertaining to Cagas’ PDAF allocation.

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