Professional Documents
Culture Documents
Boulevard. The petition was filed the day before the scheduled
although it turned out later that it had been rejected in a letter sent
earlier by ordinary mail. The reasons for the denial was the mayors
to the prejudice of the public order, and thus the intended rally
the rally be held at an enclosed place like Rizal Coliseum for better
security.
Issue: Whether or not the Letter of Instruction No. 229 and the
subsequent Administrative Order issued is unconstitutional
Ruling: The Supreme Court ruled for the dismissal of the petition.
the Constitution.
Held: The court set aside the denial or the modification of the
permit sought and order the respondent official to grant it. The
choice of Luneta and U.S. Embassy for a public rally cannot legally
part of the law of the land. The letter of instruction mentions, as its
Road Signs and Signals and the discussions on traffic safety by the
international law as part of the law of the land as cited in Article II,
Duque III
Facts: Executive Order No. 51 (The Milk Code - TMC) was issued by
(1)
88 SCRA 195(1979)]
0012) which was to take effect on July 7, 2006. The RIRR imposes a
(1)
legislation
2/3 of Senate
RIRR.
law.
infant and young child nutrition. They posit that the said
international instruments are deemed part of the law of the land and
approved by a committee.
(2)
the law of the land and may thus be implemented through an RIRR,
of the land
1.)
the state
deemed part of the law of the land. The other WHA Resolutions
2.)
however cannot be imposed as they are not deemed part of the law
necessity.
of the land.
on all states, valid through all kinds of human societies, and basic to
Are the international instruments referred to by the
respondents are:
1.)
(1)
(2)
2.)
Cultural Rights
way they do
(3)
why they behave they do. Is it ouor of courtesy or opinio juris (the
that States must take to prevent child mortality. Hence, they do not
2.
breastmilk substitutes
local legislation, have they attained the status of customary law and
determines the policies of the WHO, the former also has the power
Organizations competence
(1)
and courts any grievance suffered by its members which are directly
(2)
come into force for its members unlike regulations. Rather, they
W/n the DOH has the power to implement the WHA Resolutions
domestic law? Only the provisions of the Milk Code. (as per the
discussion above)
that the DOH shall define the national health policy and can issue
as domestic law.
infant and young child feeding, does not declare that as part of its
Only the provisions of the Milk Code, but not those of the
W/n the provisions of the RIRR being in accordance with the Milk
legislature.
On other issues:
despite its lack of direct interest of its members are affected by the
will affect their vital interests. (Purok Bagong Silang Association Inc.
vs. Yuipco)
the Milk Code because the DOH has exceeded its authority in
imposing such fines or sanctions when the Milk Code does not do
so. Other assailed provisions are in accordance with the Milk Code.
December 3, 2009
Syllabus:
the Amparo Rules. The privileges of the writ of amparo are hereby
W/n On Section 4, 5(w), 11, 22, 32, 47 and 52 violates the due
RAZON, Chief, PNP, who should order his men, namely: (a)
welfare free enterprise does not call for the removal of protective
liberty and security of Engr. Morced Tagitis, but also to extend the
action of respondents.
They also failed to establish that these activities are essential and
is a separate and distinct organization from the police and the CIDG,
and 46 of A.O. 2006-0014 are declared null and void for being ultra
vires. The TRO is lifted insofar as the rest of the provisions of A.O.
2006-0012 is concerned.
Mary Jean said in her statement that she approached some of her co-
the remedies this Court shall craft, among them, the directive to file
employees with the Land Bank in Digos branch, Digos City, Davao
del Sur who likewise sought help from some of their friends in the
who carry the burden of disclosure; or those who carry, but have
She then filed her complaint with the PNP Police Station in the
FACTS:
husband was not missing but was with another woman having good
The established facts show that Tagitis, a consultant for the World
husband.
Kunnong to buy him a boat ticket for his return trip the following
resources which pressed her to ask for financial help from friends
went out to buy food at around 12:30 in the afternoon and even left
and relatives.
his room key with the desk. Kunnong looked for Tagitis and even
sent a text message to the latters Manila-based secretary who did
avail, and under the circumstances, she has no other plain, speedy
and adequate remedy to protect and get the release of her husband,
Engr. Morced Tagitis, from the illegal clutches of his captors, their
intelligence operatives and the like which are in total violation of the
WRIT OF AMPARO.
On the same day the petition was filed, the CA immediately issued
Tagitis disappearance.
the Writ of Amparo, set the case for hearing on January 7, 2008, and
directed the petitioners to file their verified return within seventy-
More than a month later (on December 28, 2007), Mary Jean Tagitis
In their verified Return filed during the hearing of January 27, 2008,
RULING:
THE CA RULING
On March 7, 2008, the CA issued its decision confirming that the
of his statement that the military, the police, or the CIDG was
which place such a person outside the protection of the law." Under
did not get his or her stipend. The CA also found no basis for the
police theory that Tagitis was "trying to escape from the clutches of
the law.
faith, and that there was "no issue" at all when the latter divorced his
first wife in order to marry the second. Finally, the CA also ruled out
went out of the ASY Pension House after depositing his room key
with the hotel desk and was never seen nor heard of again. The
respondent, the police and the military noted that there was no
again.
A petition for the Writ of Amparo shall be signed and verified and
heads Gen. Joel Goltiao and Col. Ahiron Ajirim, and PACER Chief
shall allege, among others (in terms of the portions the petitioners
cite):
efforts to protect the life, liberty and security of Tagitis, with the
(c) The right to life, liberty and security of the aggrieved party
the same time, the CA dismissed the petition against the then
respondents from the military, Lt. Gen Alexander Yano and Gen.
Ruben Rafael, based on the finding that it was PNP-CIDG, not the
2008.
aggrieved party and the identity of the person responsible for the
threat, act or omission.
ISSUE:
Whether or not the privilege of the Writ of Amparo should be
action first attracted notice in Adolf Hitlers Nact und Nebel Erlass
first two categories, and 855 cases were recorded during the period
of martial law from 1972 until 1986. Of this number, 595 remained
missing, 132 surfaced alive and 127 were found dead. During former
President Corazon C. Aquinos term, 820 people were reported to
number, 407 remain missing, 108 surfaced alive and 97 were found
are present.
The Amparo Rule expressly provides that the "writ shall cover
Rule. Owing to the summary nature of the proceedings for the writ
sufficiently detailing the facts relied upon, the strict need for the
We note that the failure to attach the required affidavits was fully
cured when the respondent and her witness (Mrs. Talbin) personally
and are now penalized under the Revised Penal Code and special
laws.
18, 2008 to swear to and flesh out the allegations of the petition.
Thus, even on this point, the petition cannot be faulted.
the very same investigating public authorities may have had a hand
Disappearance
difficulties largely arise because the State itself the party whose
writ are continuing efforts that are not truly terminated until the
restoration of his or her liberty and security, and, in the proper case,
crime; if there are, these witnesses are usually afraid to speak out
in an enforced disappearance
rights.
support a conclusion.
domestic law.
policy that the State "guarantees full respect for human rights"
disappearance that the Amparo Rule covers. From the prism of the
members were the ones who were remiss in their duties when the
point to this conclusion. For why would the government and its
officials engage in their chorus of concealment if the intent had not
been to deny what they already knew of the disappearance? Would
To fully enforce the Amparo remedy, we refer this case back to the
appropriate to conduct.