Category Archives: Supreme Court

The proposition that a Chief Justice will always be beholden to the President who appoints him is myth

In reality, a President’s choice of Chief Justice is in fact first a choice of the JBC before it is that of the President.  Easily there should at least be 20,000 lawyers who are 40 years of age and have … Continue reading

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Essential requisites for judicial review

Before proceeding to resolve the issue of the constitutionality of Executive Order No. 1, the Court needs to ascertain whether the requisites for a valid exercise of its power of judicial review are present.          Like almost all powers conferred … Continue reading

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Supreme Court on Gambling

It should, furthermore, be borne in mind that cockfighting although authorized by law is still a form of gambling.  Gambling is essentially antagonistic to the aims of enhancing national productivity and self-reliance.[24] As has been previously said, a statute which authorizes a … Continue reading

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No law allows the change of entry in the birth certificate as to sex on the ground of sex reassignment

No Law Allows The Change of Entry In The Birth Certificate As To Sex On the Ground of Sex Reassignment The determination of a person’s sex appearing in his birth certificate is a legal issue and the court must look … Continue reading

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Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines

The doctrine of stare decisis et non quieta movere (to adhere to precedents and not to unsettle things which are established) is embodied in Article 8 of the Civil Code of the Philippines which provides, thus: ART. 8. Judicial decisions … Continue reading

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Judicial Power of the Supreme Court

In the unanimous en banc case Tañada v. Angara,[33] this Court held that when an act of the legislative department is seriously alleged to have infringed the Constitution, settling the controversy becomes the duty of this Court.  By the mere … Continue reading

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SC on Traffic Rules and Road Safety Standards

It is lamentable that the vehicular collision in this case could have been easily avoided by following basic traffic rules and regulations and road safety standards.  In hindsight, private respondent Limbaga could have prevented the three-way vehicular collision if he … Continue reading

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