Principles And Policies

Front 1

Pharmaceutical and healthcare association of the philippines vs duque

Back 1

International law can become part of the spear of domestic law either by transformation or corporation . Transformation method requires that international law be transformed into a domestic law through a constitutional mechanisms such as local legislation . the incorporation method applies when, by constitutional declaration, international law is deemed to have the force of domestic law

Front 2

Carpio morales vs court of appeals

Back 2

Abandonment of condonation doctrine wherein officials may be forgiven from their administrative offenses when they are reelected

Front 3

Gamboa vs. teves

Back 3

Foreign ownership of a capital of a public utility should not be more than 40%

The term capital refers only to shares of stock entitled to vote in the board of directors which is the common shares and not the total outstanding capital stock comprising both common and non-voting preferred shares which is used to determine the extent of allowable foreign ownership in pldt

Front 4

Narra nickel mining and development corporation vs redmont consolidated mines corporation

Back 4

The sec rules provide for the manner of calculating the filipino interest in a corporation for purposes of determining compliance with nationality requirements.

There are two cases in determining the nationality of the investee corporation

1) liberal rule or control test where shares belonging to corporations at least 60% of the capital of which is owned by filipino is already considered as filipino. It prevails when there is no doubt.

2) strict rule or grandfather rule proper which s the percentage of filipino ownership in a corporation is less than 60% only the number of shares corresponding to such percentage shall be counted as of philippine nationality and the combined total of both corporations must be traced to determine the total percentage of filipino ownership period it is only applied when the 60-40 filipino-alien ownership is doubted

Front 5

University of san agustin incorporated vs court of appeals

Back 5

Academic freedom is defined as the right of the school or college to decide for itself , its aims and objectives , and how best to attain them free from outside coercion or interference unless for public welfare calls for some restraint it is a wide spear of autonomy extending to the choice of students.

Front 6

Leus v. St. Scholastica's college westgrove

Back 6

Petitioners act for premarital sex and conceiving a child out of wedlock does not constitute an act that is immoral or disgraceful and therefore she was illegally dismissed

Front 7

Cudia v. Superintendent of PMA

Back 7

Cudia complain that his classes was dismissed late that caused him to be late for another class and was punished and thereby dismissed from graduating

The pma enjoys academic freedom which authorizes it to impose disciplinary measures and punishment consistent with the needs of the academy and that he a voluntarily relinquished certain civil liberties by virtue of his entry into the pma

Front 8

Villavicencio v. Lukban

Back 8

Mayor ordered to forcibly remove women of ill repute from manila and handed them over to parties in davao which deprived them of their freedom of locomotion

The mayor is not permitted to restrain a fellow citizen of her liberty by forcing her to change her domicile and to allow an act with impunity in the courts

The prime specification of an application for a writ of habeas corpus is restraint of liberty or involuntary restraint

The optional courses to fulfill the court's order of writ of habeas corpus:

1) produce the bodies of the persons according to the command of the writ

2) by affidavit that this persons cannot be simply be brought before the court

3) affidavit to show that parties in question or their attorney waive the right to be present

Front 9

Ichong v. Hernandez

Back 9

A law may invalidate or supersede treaties or generally accepted principles

Front 10

Deutsche Bank vs. CIR

Back 10

Bir must not impose additional requirements that would negate the availment of the reliefs provided for under international agreements . And will not deprive the taxpayer the benefits provided by the treaty as long as it possesses all the requirements. The application for tax treaty relief from the bir is used merely to operate to confirm the entitlement of the taxpayer to the relief.

Front 11

Pamatong vs. comelec

Back 11

The state has a compelling interest to ensure that its elections exercises rationale , objectives , and are orderly .

Comelec declared nuisance candidates and disqualified them

Front 12

Garcia v. Drilon

Back 12

Garcia abuse his wife and he asserts that the law concerning women and children violates equal protection clause

The equal protection clause is not a guarantee of equality in the application of the laws of all citizens of the state . It is not a requirement to avoid constitutional prohibition against inequality.it not identity of rights because it simply requires that all persons or things similar situation should be treated alike with all rights conferred and responsibilities imposed.

Front 13

PASEI v. Drilon

Back 13

Equality before the law under the constitution does not import a perfect identity of rights among all men and women it admits of classification provided that:

1) classification rest on substantial distinctions

2) germane to the purpose of the law

3) not confined to existing conditions

4) apply equally to all members of the same class

Front 14

Limbona v. Mangelin

Back 14

Autonomous governments of mindanao are subject to the jurisdiction of national courts because an autonomous government enjoy the limits of autonomy . The presidential decree creating the autonomous governments of mindanao never meant to exercise autonomy in which the central government is sacrificed.

the president has the power for general supervision and control over autonomous regions.

Front 15

Definition of social justice

Back 15

Neither communism or depotism, nor atomism, nor anarchy but it is humanization of laws and the equalization of the social and economic forces by the state so that justice in its rational and objectively secular conception may at least be approximated.