More landmark decisions by the Supreme Court

A landmark decision in the Philippines is one that shapes the topography of the country's legal and jurisprudential system. It establishes new doctrines and sets precedents that can be cited in pleadings filed by lawyers in their practice of law. They are very important for members of the Philippine bar and also for justices and judges because they are basis for writing decisions in legal controversies that they have to resolve. Yesterday, we discussed landmark decisions and today, we add more.

In the 2015 case of Rizalito David versus Grace Poe, the petitioner sought to disqualify Poe from her declared candidacy for the office of the president because of her questionable citizenship. On December 23, 2015, the Comelec en banc issued a decision disqualifying Poe from running. The Supreme Court issued a restraining order preventing the implementation of the Comelec decision. On November 17, 2015, the Senate Electoral Tribunal dismissed the petition of David by a vote of 5-4 declaring that Poe was a natural-born Filipino from the day she renounced her American citizenship on October 10, 2010. The following voted to uphold her Filipino citizenship: Senators Bam Aquino, Pia Cayetano, Loren Legarda, Tito Sotto and Cyntia Villar, while the following dissented: Justices Carpio, Brion and De Castro and Senator Nancy Binay. The Supreme Court also ruled in favor of Poe in GR 221538, declaring that a foundling can run for public office.

The ruling in the case of Disini vs Secretary of Justice (GR 203335) promulgated on February 18, 2014 is important as it declared as constitutional the Anti-Cyber Crimes Act, thereby upholding the police power of the State to protect citizens from being maligned through the social media. The majority of 12 justices voted to affirm the law. Justice Leonen dissented and Justice Bernabe abstained while Justice Velasco inhibited. The landmark decision in the case of League of Cities of the Philippines vs COMELEC upheld the validity of the cityhood of the following cities: Baybay, Leyte, Bogo, Cebu, Catbalogan, Tandag, Lamitan, Basilan, Borongan, Tayabas, Tabuk, Kalinga, Bayugan, Agusan Sur, Batac, Ilocos Norte, Mati, Davao, Guihulngan Negros Or, Cabadbaran, Agusan Norte, El Salvador, Misamis Or, carcar and Naga, both in Cebu. It clarified the rules for municpalities to become cities.

The Supreme Court invalidated the Truth Commission, PTC,  created by President PNoy in the case of Biraogo vs PTC ( GR 192935) and in Lagman vs Ochoa ( GR 193036), The Court said that while the president has the power to create an office under Section 17 of Article VII  of the Constitution. However the PTC erodes on the power of a constitutional body, the Ombudsman. The ponente was Justice J Mendoza and the following concurred: Justices del Castillo, Velasco and Villarama, Peralta and de Castro. The following issued individual opinions: Perez, Bersamin, Brion, Corona. The following dissented: Nachura, Carpio, carpio-Morales, Abad and Sereno. On the issue whether or not an incumbent executive official can remain in office after he has filed acertificate to run for an elective office, raised in Quinto vs COMELEC (GR 189698). the Court was wavering. At first, by vote of 8-6, the ruling was yes. Later, by a vote of 10-5, it said no.

In Comelec vs Dilangalen (GR177597) and Marquez vs Comelec (GR 178628), The Supreme Court ruled that the Regional Assembly of the Autonomous Region was not empowered to create a new province. Hence, Shariff Kabunsuan was deleted from the list of provinces. The Supreme Court, in Neri vs Senate (GR 180643), by a vote of 9-6 decided that a Cabinet member can invoke executive privilege and refuse to cooperate in a Senate investigation. This was in connection with President GMA's contoversial National Broadband Network deal. In theother  controversial GSIS-Meralco alleged bribery case ( GR 183905 and AM 08-8-11), the Supreme Court ordered the dismissal of a Court of Appeals Justice by a vote of 12 to 1. These landmark cases should be studied well by those who will trake the bar and also by practicing lawyers.