Compendia of Legal Principles

In Bandy Vs. Mickelson et al., 44N. W., 2nd 341, 342 ,The interpretation and application of said laws belong exclusively to the Judicial department. And this authority to interpret and apply the laws extends to the Constitution. The legislative branch may not limit or restrict the power granted to the courts by the Constitution. In Endencia v. David , 93 Phil. 696 (1953), under our system of constitutional government, the Legislative department is assigned the power to make and enact laws. The Executive department is charged with the execution of carrying out of the provisions of said laws. But the interpretation and application of said laws belong exclusively to the Judicial department. And this authority to interpret and apply the laws extends to the Constitution. Before the courts can determine whether a law is constitutional or not, it will have to interpret and ascertain the meaning not only of said law, but also of the pertinent portion of the Constitution in order to deci...

People Vs. Lamahang, GR No L-4330, August 3, 1935 Facts: At early dawn on March 2, 1935, policeman Jose Tomambing, who was patrolling his beat on Delgado and C.R. Fuentes streets of the City of Iloilo, caught the accused in the act of making an opening with an iron bar on the wall of a store of cheap goods located on the last named street. At that time the owner of the store, Tan Yu, was sleeping inside with another Chinaman. The accused had only succeeded in breaking one board and in unfastening another from the wall, when the policeman showed up, who instantly arrested him and placed him under custody. Ruling: It is necessary to prove that said beginning of execution, if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. xxx In case of robbery, in order that the simple act of entering by means of...

People Vs. Campuhan, GR No. 129433, March 30, 2000 Facts: Ma. Corazon P. Pamintuan, mother of four (4)-year old Crysthel Pamintuan, went down from the second floor of their house to prepare Milo chocolate drinks for her two (2) children. At the ground floor she met Primo Campuhan who was then busy filling small plastic bags with water to be frozen into ice in the freezer located at the second floor. Primo was a helper of Conrado Plata Jr., brother of Corazon. As Corazon was busy preparing the drinks, she heard one of her daughters cry, "Ayo'ko, ayo'ko!" prompting Corazon to rush upstairs. Thereupon, she saw Primo Campuhan inside her children's room kneeling before Crysthel whose pajamas or "jogging pants" and panty were already removed, while his short pants were down to his knees. According to Corazon, Primo was forcing his penis into Crysthel's vagina. Horrified, she cursed the accused, "P - t - ng ina mo, anak ko iyan!" and box...

With the implementation of R.A. 10911 otherwise known as “Anti-Age Discrimination in Employment Act,” employers are again meted with another measure that will ensure fairness in the selection, promotion processes and other movements of its employees. Salient features of the said law will prohibit the employer to: Print and/or publish any form of advertisement or notices that contains employment preferences and limitations based on age;   Require the declaration of age or birth date during the application including the pre-employment requirement processes; Deprive individual with compensation, employment practices, promotion, and other privileges including retirement on the account of his/her age. This law would cause the removal of the age requirement in any job advertisements and will cause the employers to avoid mentioning of age during employee’s career movements. It will also forbid employers to require you to declare your age at any point during the recruitm...