You're currently signed in as:
User

INITIATIVES FOR DIALOGUE v. POWER SECTOR ASSETS

This case has been cited 5 times or more.

2016-01-12
SERENO, C.J.
Soon after the Philippines was granted independence, the two countries entered into their first military arrangement pursuant to the Treaty of General Relations - the 1947 MBA.[41] The Senate concurred on the premise of "mutuality of security interest,"[42] which provided for the presence and operation of 23 U.S. military bases in the Philippines for 99 years or until the year 2046.[43] The treaty also obliged the Philippines to negotiate with the U.S. to allow the latter to expand the existing bases or to acquire new ones as military necessity might require.[44]
2015-09-28
VILLARAMA, JR., J.
Notwithstanding, the Court leans on the doctrine that "the rule on standing is a matter of procedure, hence, can be relaxed for nontraditional plaintiffs like ordinary citizens, taxpayers, and legislators when the public interest so requires, such as when the matter is of transcendental importance, of overreaching significance to society, or of paramount public interest."[26] When the proceeding involves the assertion of a public right, the mere fact that the petitioner is a citizen satisfies the requirement of personal interest.[27]
2015-08-05
VILLARAMA, JR., J.
Section 5 of the JAR contemplates a situation where there is a (a) government employee or official or (b) requested witness who is not the (1) adverse party’s witness nor (2) a hostile witness.  If this person either (a) unjustifiably declines to execute a judicial affidavit or (b) refuses without just cause to make the relevant documents available to the other party and its presentation to court, Section 5 allows the requesting party to avail of issuance of subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court.  Thus, adverse party witnesses and hostile witnesses being excluded they are not covered by Section 5.  Expressio unius est exclusion alterius: the express mention of one person, thing, or consequence implies the exclusion of all others.[26]
2014-12-03
LEONEN, J.
(1) The act of "recruitment, transportation, transfer or harbouring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders." (2) The means used which include "threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another; and (3) The purpose of trafficking is exploitation which includes "exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs."[63] On January 28, 2013, Republic Act No. 10364[64] was approved, otherwise known as the "Expanded Anti-Trafficking in Persons Act of 2012." Section 3(a) of Republic Act No. 9208 was amended by Republic Act No. 10364 as follows:SEC. 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:
2014-11-25
PEREZ, J.
In the case of Initiatives for Dialogue and Empowerment through Alternative Legal Services, Inc. (IDEALS, INC.) v. Power Sector Assets and Liabilities Management Corporation (PSALM),[100] involving a petition for certiorari and prohibition to permanently enjoin PSALM from selling the Angat Hydro-Electric Power Plant (AHEPP) to Korea Water Resources Corporation (K-Water), the Court ruled:"Legal standing" or locus standi has been defined as a personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged, alleging more than a generalized grievance. x x x This Court, however, has adopted a liberal attitude on the locus standi of a petitioner where the petitioner is able to craft an issue of transcendental significance to the people, as when the issues raised are of paramount importance to the public. Thus, when the proceeding involves the assertion of a public right, the mere fact that the petitioner is a citizen satisfies the requirement of personal interest.