F: The passage of RA 7227 (An Act Accelerating the Conversion of Military Reservations Into Other Productive Uses, Creating the Bases Conversion andDevelopment Authority for this Purpose, Providing Funds Therefore and for Other Purposes) paved the creation of Subic Special Economic Zone (SSEZ). It includedCity of Olongapo and the Municipality of Subic Province of Zambales, the lands occupied by the Subic Naval bases Agreement and within the territorial jurisdiction ofthe Municipalities of Morong and Hermosa, Province of Bataan as secured areas of SSEZ and should, therefore, enjoy the same privileges. Pres. Ramos issued EO 97-A, specifying the areas within which the tax-and-duty-free privilege was operative (only in secured areas consisting of the presently fenced-in former Subic Naval Base shall be the completely tax and duty-free area in SSEZ – some of the citizens from areas no longer included in the new delineated areas challenged the constitutionality of EO 97-A. According to the citizens, EO 97-A excluded the residents of the first two components of the zone from enjoying the benefits granted by the law. It has effectively discriminated against them without reasonable or valid standards, in contravention of the equal protection guarantee.
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Tiu v CA GR No. 127410 1.20.99
case digest, Philippine law, jurisprudence, SCRA
Tiu v CA GR No. 127410
People v Tee GR No. 140546-47 (January 20, 2003)
"rights of the accused to speedy trial"
Facts
The case involves an automatic review of judgment made against Tee who was convicted for illegal possession of marijuana and sentenced to death. The defense assailed the decision of the court for taking admissible as evidence the marijuana seized from the accused by virtue of allegedly general search warrant. They further contend that the accused was deprived of his right to speedy trial by failure of the prosecution to produce their witness who failed to appear during the 20 hearing dates thereby slowing down the trial procedure.
Issue
Whether or not the substantive right of the accused for a speedy trial prejudiced during the hearing of the case.
Facts
The case involves an automatic review of judgment made against Tee who was convicted for illegal possession of marijuana and sentenced to death. The defense assailed the decision of the court for taking admissible as evidence the marijuana seized from the accused by virtue of allegedly general search warrant. They further contend that the accused was deprived of his right to speedy trial by failure of the prosecution to produce their witness who failed to appear during the 20 hearing dates thereby slowing down the trial procedure.
Issue
Whether or not the substantive right of the accused for a speedy trial prejudiced during the hearing of the case.
case digest, Philippine law, jurisprudence, SCRA
bill of rights,
constitutional law,
right of the accused to counsel
Flores v People 61 SCRA 331 (December 10, 1974)
"rights of the accused to a speedy trial"
Facts: Petitioners plea for their constitutional rights to a speedy trial by certiorari where the proceeding of the case for robbery against petitioners dragged on for over a decade without any final judgment rendered by the court. Petitioners sought for the dismissal of the case due to inordinate delay in its disposition. The People in its affirmative defense raised the facts that the case was not properly captioned, as the People of the Phils. against whom it is filed was not a tribunal exercising judicial functions and without the Court of Appeals being made a part to the petition there are insufficient facts to constitute a cause of action. Moreover it defends that the CA took all necessary steps to complete the transcript of stenographic notes of the original trial.
Facts: Petitioners plea for their constitutional rights to a speedy trial by certiorari where the proceeding of the case for robbery against petitioners dragged on for over a decade without any final judgment rendered by the court. Petitioners sought for the dismissal of the case due to inordinate delay in its disposition. The People in its affirmative defense raised the facts that the case was not properly captioned, as the People of the Phils. against whom it is filed was not a tribunal exercising judicial functions and without the Court of Appeals being made a part to the petition there are insufficient facts to constitute a cause of action. Moreover it defends that the CA took all necessary steps to complete the transcript of stenographic notes of the original trial.
case digest, Philippine law, jurisprudence, SCRA
constitutional law,
rights of the accused
Garcia v Domingo 52 SCRA 143 (1973)
Facts: For the convenience of the parties the trial was held in the air conditioned chamber of the respondent judge Garcia. The complaint was under the premise that such act is in violation of the right to hold a public trial.
Issue: Whether or not such proceeding of holding trial in the chamber of the judge in violation to the principle of right to a public trial.
Issue: Whether or not such proceeding of holding trial in the chamber of the judge in violation to the principle of right to a public trial.
case digest, Philippine law, jurisprudence, SCRA
case digest,
constitutional law,
Garcia v Domingo 52 SCRA 143 (1973),
right to public trial
Carredo v People 183 SCRA 273 (1990)
“trial in absentia not allowed when it is necessary to establish the identity of accused by the witness”
Facts: Accused after arraignment waives his right to appear in court during the trial while under a bond. At the presentation of the principal witness the court issued a subpoena to the accused to appear on trial for the purpose of meeting the witness face to face, however he did not appear with the justification of his waiver. Subsequently the municipal judge issued order of arrest of the accused with confiscation of his cash bond and ordering the bondsman to show cause why no judgment shall be rendered against him.
Facts: Accused after arraignment waives his right to appear in court during the trial while under a bond. At the presentation of the principal witness the court issued a subpoena to the accused to appear on trial for the purpose of meeting the witness face to face, however he did not appear with the justification of his waiver. Subsequently the municipal judge issued order of arrest of the accused with confiscation of his cash bond and ordering the bondsman to show cause why no judgment shall be rendered against him.
case digest, Philippine law, jurisprudence, SCRA
Carredo v People 183 SCRA 273 (1990),
case digest,
constitutional law,
trial in absentia
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