Temere Animus

G.R. Nos. 205904-06. October 17, 2018. GWENDOLYN F. GARCIA, petitioner, vs. HONORABLE SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, respondents. Full Text:   https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64755 Ponente:  A. REYES, JR., J.:  Doctrines: It bears emphasizing that in Genuino v. De Lima, 861 SCRA 325 (2018), the Court already declared as unconstitutional DOJ Circular No. 41 on the ground that it has no legal basis and held, thus: x x x To begin with, there is no law particularly providing for the authority of the secretary of justice to curtail the exercise of the right to travel, in the interest of national security, public safety or public health. As it is, the only ground of the former DOJ Secretary in restraining the petitioners, at that time, was the pendency of the preliminary investigation of the Joint DOJ-COMELEC Preliminary Investigation Committee on the complaint for electoral sabotage against them. To be clear, DOJ Circular No. 41 is not ...

G.R. No. 128096. January 20, 1999.* PANFILO M. LACSON, petitioner, vs. THE EXECUTIVE SECRETARY, THE SANDIGANBAYAN, OFFICE OF THE SPECIAL PROSECUTOR, THE DEPARTMENT OF JUSTICE, MYRNA ABALORA, NENITA ALAP-AP, IMELDA PANCHO MONTERO, and THE PEOPLE OF THE PHILIPPINES, respondents. ROMEO M. ACOP and FRANCISCO G. ZUBIA, JR., petitioners-intervenors. Ponente: MARTINEZ, J.: Nature of the case: The constitutionality of Sections 4 and 7 of Republic Act No. 8249 — an act which further defines the jurisdiction of the Sandiganbayan — is being challenged in this petition for prohibition and mandamus. Petitioner Panfilo Lacson, joined by petitioners-intervenors Romeo Acop and Francisco Zubia, Jr., also seeks to prevent the Sandiganbayan from proceedings with the trial of Criminal Cases Nos. 23047-23057 (for multiple murder) against them on the ground of lack of jurisdiction. Facts: In May 1995, eleven members of the Kuratong Baleleng gang were killed by elements of the Anti-Bank Robbery and Intellige...