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HR CASES - Part 1

The Supreme Court of the Philippines ruled on the constitutionality of rules prohibiting animal-drawn vehicles from certain streets in Manila during morning and afternoon rush hours. The Court held that the rules did not violate the constitutional principle of promoting social justice. [The Court explained that social justice means promoting the welfare of all people through maintaining economic and social equilibrium, not favoring any single group. It involves humanizing laws and equalizing economic and social forces so that justice and people's welfare are served.] The rules were a valid exercise of power to promote public welfare and traffic safety. Remanding an extradition case, the Court held that an extraditee may apply for bail if they can show by "clear and convincing evidence

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67 views2 pages

HR CASES - Part 1

The Supreme Court of the Philippines ruled on the constitutionality of rules prohibiting animal-drawn vehicles from certain streets in Manila during morning and afternoon rush hours. The Court held that the rules did not violate the constitutional principle of promoting social justice. [The Court explained that social justice means promoting the welfare of all people through maintaining economic and social equilibrium, not favoring any single group. It involves humanizing laws and equalizing economic and social forces so that justice and people's welfare are served.] The rules were a valid exercise of power to promote public welfare and traffic safety. Remanding an extradition case, the Court held that an extraditee may apply for bail if they can show by "clear and convincing evidence

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Hong Kong v.

Olalia
G.R. No. 153675 April 19, 2007
521 SCRA 470

Facts

Respondent Juan Antonio Muñoz was charged of 3 counts of offences of “accepting an advantage as
agent”, and 7 counts of conspiracy to defraud, punishable by the common law of Hongkong. The
Hongkong Department of Justice requested DOJ for the provisional arrest of respondent Muñoz; the DOJ
forward the request to the NBI then to RTC. On the same day, NBI agents arrested him.

Muñoz filed a petition for bail which was denied by Judge Bernardo, Jr. holding that there is no
Philippine law granting bail in extradition cases and that private respondent is a high “flight risk.” After
Judge Bernardo, Jr. inhibited himself from further hearing the case, it was then raffled off to Branch 8
presided by respondent judge. Private respondent filed a motion for reconsideration of the Order
denying his application for bail and this was granted by respondent judge.

Issue

Whether or not an accused in an extradition case may apply for bail

Held

Yes, an extradite may apply for bail.

Accordingly, although the time-honored principle of pacta sunt servanda demands that thePhilippines
honor its obligations under the Extradition Treaty it entered into with the Hong Kong Special
Administrative Region it does not necessarily mean that in keeping with its treaty obligations, the
Philippines should diminish a potential extraditee’s rights to life, liberty, and due process guaranteed
bythe Constitution. More so, where these rights are guaranteed, not only by our Constitution, but also
byinternational conventions, particularly the Universal Declaration of Human Rights, to which the
Philippines is a party.

We should not, therefore, deprive an extraditee of his right to apply for bail, provided that acertain
standard for the grant is satisfactorily met.

In his Separate Opinion in Purganan, thenAssociate Justice, now Chief Justice Reynato S. Puno, proposed
that a new standard which he termed “clear and convincing evidence” should be used in granting bail in
extradition cases. According to him, this standard should be lower than proof beyond reasonable doubt
but higher than preponderance of evidence. The potential extraditee must prove by “clear and
convincing evidence” that he is not a flight risk and will abide with all the orders and processes of the
extradition court.In this case, there is no showing that private respondent presented evidence to show
that he is not a flight risk. Consequently, this case should be remanded to the trial court to determine
whether privaterespondent may be granted bail on the basis of “clear and convincing evidence.”
Calalang v. Williams
G.R. No. 47800. December 2, 1940
70 Phil 726

Facts: The National Traffic Commission recommended the Director of Public Works and to the Secretary
of Public Works and Communication that animal-drawn vehicles be prohibited from passing along
Rosario St. extending from Plaza Calderon de la Barca to Dasmarinas St. from 7:30 am to 12 pm and 1:30
pm to 5:30 pm and also along Rizal Avenue from 7 am to 11 pm from a period of one year from the date
of the opening of Colgante Bridge to traffic. It was subsequently passed and thereafter enforce by
Manila Mayor and the acting chief of police. Maximo Calalang then, as a citizen and a taxpayer
challenges its constitutionality.

Issue: Whether the rules and regulations promulgated by the Director of Public Works infringes upon
the constitutional precept regarding the promotion of social justice

Held: No. The promotion of social justice is to be achieved not through a mistaken sympathy towards
any given group. It is the promotion of the welfare of all people. It is neither communism, despotism,
nor atomism, nor anarchy but the humanization of laws and the equalization of social and economic
forces by the state so that justice in its rational and objectively secular conception may at least be
approximated.

Social justice means the promotion of the welfare of all the people, the adoption by the Government of
measures calculated to insure economic stability of all the competent elements of society, through the
maintenance of a proper economic and social equilibrium in the interrelations of the members of the
community, constitutionally, through the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying the existence of all governments on the
time-honored principle of salus populi est suprema lex. Social justice, therefore, must be founded on the
recognition of the necessity of interdependence among divers and diverse units of a society and of the
protection that should be equally and evenly extended to all groups as a combined force in our social
and economic life, consistent with the fundamental and paramount objective of the state of promoting
the health, comfort and quiet of all persons, and of bringing about "the greatest good to the greatest
number."

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