Lawren

 Writ of Amparo International Convention for Protection of All Persons from Enforced Disappearance Gen. Avelino Razon, Chief,   Philippine National Police (PNP), Police Chief Superintendent Raul Castaneda, Chief, Criminal Investigation and Detection Group (CIDG),   et. al. (Petitioners) Vs. Mary Jean B. Tagitis(Respondent) G.R. No. 182498 December   3, 2009   Brion, J.: FACTS : On October   31,   2007,   Engr.   Morced   Tagitis(“Tagitis”), a World   Bank   Consultant   and   a Senior   Honorary   Counselor   for   the   Islamic Development   Bank   (IDB)   Scholarship   Program,arrived in Jolo,   Sulu from   a   seminar   in   Zamboanga.   He   was   accompanied   by   an   IDB   Scholar   Arsimin Kunnong(“Kunnong”).   The two stayed   at   ASY   Pension   House. ...

Adherence to generally accepted principles of international law Agustin vs Edu, 88 SCRA 195 (1979)  FACTS : Petitioner, Agustin assails the validity of the Letter of Instruction No. 229 which requires an early warning device to be carried by users of motor vehicles as being violative of the constitutional guarantee of due process and transgresses the fundamental principle of non-delegation of legislative power. Herein respondent Romeo Edu in his capacity as Land Transportation Commisioner set forth the implementing rules and regulations of the said instruction. Petitioner make known that he "is the owner of a Volkswagen Beetle Car, Model 13035, already properly equipped when it came out from the assembly lines with blinking lights fore and aft, which could very well serve as an early warning device in case of the emergencies mentioned in Letter of Instructions No. 229, as amended, as well as the implementing rules and regulations in Administrative Order No. 1 issued by the land tr...

  G.R. No. L-45892             July 13, 1938 THE PEOPLE OF THE PHILIPPINES,  plaintiff-appellee, vs. TRANQUILINO LAGMAN,  defendant-appellant. ----------------------------- G.R. No. L-45893             July 13, 1938 THE PEOPLE OF THE PHILIPPINES,  plaintiff-appellee, vs. PRIMITIVO DE SOSA,  defendant-appellant. Severino P. Izon for appellants. Office of the Solicitor-General Tuason for appellee. AVANCEÑA,  J.: In these two cases (G.R. Nos. L-45892 and 45893), the appellants Tranquilino and Primitivo de Sosa are charged with a violation of section 60 of Commonwealth Act No. 1, known as the National Defense Law. It is alleged that these two appellants, being Filipinos and having reached the age of twenty years in 1936, willfully and unlawfully refused to register in the military service between the 1st and 7th of April of said year, notwithstanding the fact that they had been requi...

Under the 1987 Constitution, international law can become part of the sphere of domestic law either by transformation or incorporation . The transformation method requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation . The incorporation method applies when, by mere constitutional declaration, international law is deemed to have the force of domestic law. G.R. No. 173034             October 9, 2007  PHARMACEUTICAL AND HEALTH CARE ASSOCIATION OF THE PHILIPPINES, petitioner,  vs. HEALTH SECRETARY FRANCISCO T. DUQUE III; HEALTH UNDER SECRETARIES DR. ETHELYN P. NIETO, DR. MARGARITA M. GALON, ATTY. ALEXANDER A. PADILLA, & DR. JADE F. DEL MUNDO; and ASSISTANT SECRETARIES DR. MARIO C. VILLAVERDE, DR. DAVID J. LOZADA, AND DR. NEMESIO T. GAKO, respondents. FACTS : DOH is deemed impleaded as a co-respondent since respondents issued the questioned RIRR in their capacity as o...

The Philippines although not a signatory to the Hague Convention, is bound because it embodied generally accepted principles of international law binding upon all States. KURODA v. JALANDONI 42 O.G. 4282 FACTS: Shigenori Kuroda, a former Lieutenant-General of the Japanese Imperial Army, is charged before a military commission of the Armed Forces of the Philippines. He seeks to establish the illegality of EO 68 on the grounds that it violates our Constitution and that the petitioners are not charged with crimes based on the law since the Philippines is not a signatory to the Hague Convention on Rules and Regulations covering Land Warfare. ISSUE: 1) Whether or not EO 68 is unconstitutional; and 2) Whether or not Kuroda may be charged with violation of Hague Convention’s rules and regulations HELD: Executive Order 68, establishing a National War Crimes Office is valid and constitutional. The president has acted in conformity with the generally accepted policies of international law which ...

Generally accepted principles of international law, by virtue of the incorporation clause of the Constitution, form part of the laws of the land even if they do not derive from treaty oblligations. Mijares v. Ranada 139325 April 12, 2005 Recognition of foreign judgement/ foreign judgement, international law, municipal law FACTS: Petitioners Mijares, et al.*, all of whom suffered human rights violations during the Marcos era have chosen to do battle with the Marcos estate. They obtained a final judgment in their favor against the Estate of the late Ferdinand Marcos. The US District Court, presided by Judge Manuel L. Real, awarded the plaintiff class a total of amount of roughly 1.9 Billion U.S. dollars in compensatory and exemplary damages for tortuous violations of international law in the US District Court of Hawaii. This final judgment was affirmed by the US Court of Appeals. As a consequence to the enforcement, petitioners filed a complaint with the Regional Trial Court of M...

Where there appears to be a conflict between international law and municipal law, efforts should first be exerted to harmonize them, so as to give effect to both. For this purpose, it should be presumed that municipal law was enacted with proper regard for the generally accepted rules of international law. MacArthur Proclamation of October 23, 1944 invalidation "all laws, regulations, and processes" of the Occupation government, do not apply to judicial decisions. Co Kim Chan v. Valdez Tan Keh No. L-5, 75 SCRA 113. November 16, 1945 Topic Under:   Government: De Jure and De facto Government. Section 2, Article II of the 1987 Constitution Facts: A petition for mandamus was filed by the petitioners to continue proceedings in civil case No. 3012 which were initiated under the regime of the so-called Republic of the Philippines established during the Japanese military occupation. The respondent judge refused to take cognizance of and continue the proceedings in said case ...