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Showing posts from August, 2012

Laurel v Desierto digest

Laurel v. Desierto GR No. 145368, April 12, 2002 Facts: Petitioner Vice-President Salvador Laurel was appointed as the head of the National Centennial Commission, a body constituted for the preparation of the National Centennial celebration in 1998. He was subsequently appointed as the Chairman of ExpoCorp., and was one of the nine (9) incorporators. A controversy erupted on the alleged anomalies with the bidding contracts to some entities and the petitioner was implicated. By virtue of an investigation conducted by the Office of the Ombudsman, the petitioner was indicted for alleged violation of the Anti-Graft and Corrupt Practices Act (RA 3019). The petitioner filed a Motion to Dismiss questioning the jurisdiction of the Office of the Ombudsman, which was denied. He further filed a motion for reconsideration which was also denied, hence this petition for   certiorari. The petitioner assails the jurisdiction of the Ombudsman and contended that he is not a public office...

People v Veridiano Digest

G.R. L-62243, October 12, 1984 Effectivity of laws At issue in this case is the applicability of BP 22 which was circulated a month after private respondent issued the dishonored check. Facts: 1.              On or about the 2nd week of May 1979, private respondent Benito Go Bio Jr. issued a check amounting to P200, 000 to one Filipinas Tan. Said check was subsequently dishonored and despite repeated demands, the respondent failed to make the necessary payment. Hence, the filing of charges against him for violation of B.P. 22 or the Bouncing Check law. 2.              Go Bio filed a Motion to Quash alleging that the information did not charge an offence on ground that BP 22 has not yet taken effect when the offense was committed on May 1979. Said law took into effect on June 29, 1979. The prosecution opposed the motion and contended that the date o...

Kinds of Jurisdiction

Classification of jurisdiction as to Nature General This refers to the court's power to adjudicate all controversies except those cases that are expressly witheld from the powers o a court. Special The court can hear and decide particular cases subject to limitations provided by law. Original Jurisdiction The court has the power to take cognizance of a case instituted for the first time under conditions provided by law Appellate The court of a higher rank has the authority to revie the final judgment or order of a lower court which took cognizance of the case in the first instance. Exclusive Jurisdiction The power of the court to take cognizance of a case to the exclusion of all other courts. Concurrent The power granted upon different courts, of the same or different ranks, to hear and decide a case, in the same or different judicial territories. Territorial Jurisdiction The power of the court to exercise its authority over a given geographical area. In crimin...