sic itur ad astra

                  Due Process  | Constitutional Law Facts: Petitioner Restituto Ynot had transported six carabaos in a pump boat from Masbate to Iloilo when they were confiscated by the police station commander of Barotac Nuevo, Iloilo, for violation of the Executive Order No. 626-A. The thrust of his petition is that the executive order is unconstitutional insofar as it authorizes outright confiscation of the carabao or carabeef being transported across provincial boundaries. His claim is that the penalty is invalid because it is imposed without according the owner a right to be heard before a competent and impartial court as guaranteed by due process. He complains that the measure should not have been presumed, and so sustained, as constitutional. Issue: WoN  the executive order is unconstitutional for being violative of due process of law.   Held:  Executive Order No. 626-A is  unconstitutional. The minim...

                 Due Process  | Constitutional Law Facts: Luis  Toribio was found by the trial court of Bohol violating Sections 30 and 33 of Act No. 1147, an Act regulating the registration, branding, and slaughter of Large Cattle. The act prohibits the slaughter of large cattle fit for agricultural work or other draft purposes for human consumption.  Appellant Toribio slaughtered or caused to be slaughtered his carabao without a permit from the municipal treasurer of the municipality. Issue: WoN  Act. 1147 deprives a person his property without due process of law.   Held:  The restrain placed by the law on the slaughter for human consumption of carabaos fit for agricultural work and draft purpose is not an appropriation of property interests to a "public use," and is not, therefore, within the principle of the exercise by the State of the right of eminent domain. It is fact a mere restriction or limitation...

                Due Process  | Constitutional Law Facts: Invoking the people's right to be informed on matters of public concern, a right recognized in Section 6, Article IV of the 1973 Philippine Constitution, as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. Issue: WoN   the publication of presidential issuances "of a public nature" or "of general applicability" is a requirement of due process.   Held:  It is a rule of law that before a person may be bound by law, he must first be officially and specifically informed of its contents....

               Due Process  | Constitutional Law Facts: Diosdado Guzman, Ulysses Urbiztondo, and Ariel Ramacula, students of the National University, filed a petition seeking relief from the school's refusal to allow them to enroll. The students claimed that the university denied their enrollment based on their participation in peaceful mass actions within the campus. They argued that this was a continuation of the university's disregard for students' constitutional rights and due process, as previously established in a related case. The students contended that they were expelled without cause or proper notification.  The university countered by stating that the students' failure to enroll was their own fault and not related to their exercise of rights. They also provided specific reasons for the individual students' exclusion, such as poor academic performance and involvement in disruptive activities without permission. The univers...

              Due Process  | Constitutional Law Facts: On April 1, 1968, Philippine Airlines (PAL) submitted a petition to the Civil Aeronautics Board (CAB) seeking approval for a proposed flight schedule. The CAB deferred action on the petition for further study. Subsequently, the CAB issued Resolution No. 109 (68), referring PAL's petition to a hearing examiner to assess its economic justification. On May 28, 1968, the CAB issued Resolution No. 139 (68), granting approval to PAL's proposed schedule for a period of 30 days, subject to specific conditions. However, on May 31, 1968, Air Manila, Inc. filed a petition arguing that the CAB acted beyond its jurisdiction or with abuse of discretion in approving Resolution No. 139 (68). Air Manila claimed that the proposed schedule, which involved increased frequencies, would saturate routes served by both airlines and impact Air Manila's own schedule.  Issue: WoN   the CAB's approval with...

 Ang Tibay v. CIR, G.R. No. L-46496,  February 27, 1940             Due Process  | Constitutional Law Facts: Toribio Teodoro, the owner of  Ang Tibay , claimed that some employees were temporarily laid off due to a shortage of leather soles.  The National Labor Union, Inc. (NLU) requested a new trial in the  Court of Industrial Relation , arguing that the shortage claim was false and unsupported by evidence, and that it was a scheme to avoid contractual obligations.  The NLU also contended that the National Worker's Brotherhood, an employee union dominated by Teodoro, was illegal. They accused Teodoro of unfair labor practices and discrimination against the NLU. Ang Tibay opposed the NLU's motion for reconsideration. Issue: WoN  the National Labor Union Inc, was deprived of due process. YES   Held:  The Court of Industrial Relations is a special court whose functions are specifically stated in...

            Due Process  | Constitutional Law Facts: Petitioner Clarita J. Carbonel, an employee of the Bureau of Jail Management and Penology, was charged with dishonesty, grave misconduct, and falsification of official documents by the Civil Service Commission Regional Office No. IV (CSCRO IV). During an investigation, it was discovered that Carbonel's personal appearance and signature on the application form for the Career Service Professional Examination were different from the attached photo and the verification slip. Carbonel admitted that she had paid someone to obtain the Career Service Professional Eligibility for her. Based on the investigation, the CSCRO IV found Carbonel guilty of the charges and imposed the penalty of dismissal from the service. Carbonel appealed, but the CSC dismissed the appeal as it was filed almost three years after receiving the CSCRO IV decision. Carbonel then brought the case to the Court of Appeals (CA), ...

           Due Process  | Constitutional Law Facts: Petitioners Lolita A. Dadubo and Rosario B. Cidro, employees of the Development Bank of the Philippines (DBP), faced charges of conduct prejudicial to the best interest of the service due to an unposted withdrawal of P60,000.00 from a savings account. Dadubo processed the withdrawal as the acting teller, and Cidro, the cash supervisor, received the documents. However, a discrepancy arose, leaving the balance unaccounted for. DBP found Dadubo guilty of dishonesty and embezzlement, resulting in her dismissal, while Cidro was found guilty of gross neglect of duty and fined. Dadubo appealed to the Merit Systems Protection Board (MSPB), which upheld DBP's decision. The Civil Service Commission later reduced Dadubo's penalty to a six-month suspension, considering her alterations on the ledger card but holding Cidro responsible for the fraud. DBP sought reconsideration, and the Commission thru a resolut...

          Due Process  | Constitutional Law Facts: During the 10th National IBP Convention,  Atty. Leonard de Vera allegedly made some untruthful statements, innuendos and blatant lies in connection with the IBP Board's Resolution to withdraw the Petition questioning the legality of Republic Act No. 9227. Subsequently, the Supreme Court issued a Temporary Restraining Order (TRO) enjoining Atty. de Vera from assuming office as IBP National President. In the 20th Regular Meeting of the IBP Board, by 2/3 vote, resolved to remove Atty. de Vera as member of the IBP Board of Governors and as IBP Executive Vice President. Issue: WoN Atty. de Vera was denied the minimum standards of due process. Held:  The IBP Board observed due process in its removal of Atty. de Vera as IBP Governor. Principle: Due process of law in administrative cases is not identical with "judicial process" for a trial in court is not always essential to due process. Wh...

        Due Process  | Constitutional Law Facts: Ling Su Fan was accused of attempting to export Philippine silver coins from the Philippine Islands in violation of Act No. 1411 of the Philippine Commission. On December 12, 1906, in Manila, Ling Su Fan, who held multiple positions related to freight handling on the steamship Taming, hid 20,600 pesos worth of Philippine silver coins in his stateroom on the ship. He intended to export these coins from the Philippine Islands to Hongkong. Issue: WoN the act under which the defendant is prosecuted here and under which it is sought to deprive him of the money which it is alleged he attempted to illegally export, in accordance with due process of law? Held: Act No. 1411, prohibiting the exportation of Philippine silver coins in sums exceeding P25, is not in conflict with the fourteen amendment to the Constitution of the United States, and proceedings had in accordance with its provisions constitute "due process of...