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TO DIGEST A CASE)
LET'S DIGEST
(A GUIDE ON HOW TO DIGEST A CASE)
HERE'S A TIP:
You can just leave the copy of the list of
cases to the librarian or the Xerox Copy
Person (XCP because I do not know how those
people are called.) and ask him/her kindly
if he/she could go look for the listed
cases there, if they are kind enough to
fetch the case for you then you're lucky,
and perhaps a tip would be nice to show
your appreciation. Make sure you give them
the case list 2 days or a day before you
need the copies of the full text. It's not
easy to xerox all those cases you know. If
not? Well, it's one hell of a long journey
for you looking at the SCRA one by one.
I prefer getting the full text of the case
directly from the library than the
internet. Why? You can see the rulings
directly at the first page of the SCRA,
it's already categorized according to a
particular topic of law related/included in
the case. It's much easier to digest.
TRINIDAD v. GABRIEL
G.R. No. XXXXXXX, August 30, 1950
DE GUZMAN, J.:
TRINIDAD v. GABRIEL
G.R. No. XXXXXXX, August 30, 1950
DE GUZMAN, J.:
FACTS:
ISSUE:
RULING:
FACT:
E.O No. 1 establishing the Philippine Truth
Commission (PTC) of 2010 was signed by
President Aquino. The said PTC is a mere branch
formed under the Office of the President tasked
to investigate reports of graft and corruption
committed by third-level public officers and
employees, their co-principals, accomplices and
accessories during the previous administration
and submit their findings
and recommendations to the President, Congress
and the Ombudsman. However, PTC is not a quasi-
judicial body, it cannot adjudicate, arbitrate,
resolve, settle or render awards in disputes
between parties. Its job is to investigate,
collect and asses evidences gathered and
make recommendations. It has subpoena powers
but it has no power to cite people in contempt
or even arrest. It cannot determine for such
facts if probable cause exist as to warrant the
filing of an information in our courts of law.
ISSUE:
WHETHER OR NOT the said E.O is
unconstitutional.
RULING:
Yes, E.O No. 1 should be struck down as it is
violative of the equal protection clause. The
Chief Executives power to create the Ad hoc
Investigating Committee cannot be doubted.
Having been constitutionally granted full
control of the Executive Department, to which
respondents belong, the President has the
obligation to ensure that all executive
officials and employees faithfully comply with
the law. With AO 298 as mandate, the legality
of the investigation is sustained. Such
validity is not affected by the fact that the
investigating team and the PCAGC had the same
composition, or that the former used the
offices and facilities of the latter in
conducting the inquiry.
4. CONCLUSION
5. REFERENCE
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