Professional Documents
Culture Documents
Answer
Judge Asuncion was accused of violating paragraph 1 and 5 of
Art 14 of the Spanish Code of Commerce. He associated
himself with the Traders Mftg. And Fishing Industries (provision
stated that judges could not engage in commerce, either in
person or in proxy)
Court: Even though the provision is part of the Spanish Code
of Commerce it partakes the nature of a political law, since it
regulates the relationship between the government and
certain public officers and employees. (more of administrative
law)
Political law branch of law which deals with the organization
and operation of different organs of the State; define the
relations of the state with its inhabitants of its territory.
(constitutional law, law of public admin, administrative law,
and law of public corporation)
Upon transfer of sovereignty all political laws of the former
sovereign are automatically abrogated
English
o absence of a written constitution
o no power of judicial review
o parliamentary supremacy
European Continental
o there is a written constitution
o no power of judicial review
o only render advisory opinions upon request of the
government
American Type
o there is a written constitution
o there is power of judicial review
o given effect through the power of courts.
Types
of constitution
As to origin
As to form
As manner of amending
As to origin:
o Conventional/Enacted given definite form at one given
time
o Cumulative/Evolved evolved through traditions and
customs
As to form:
o Written reduced to writing at a particular time
o Unwritten has not been committed to writing at one
time; product of gradual political and legal development
As to manner of amending:
o Rigid amended through a special process distinct w/
extraordinary requirements
o Flexible may be changed the same way one would
pass a law
Parity Amendment
o Related to the Bell Trade Act (grant PH exports entry to
US free of customs duties and a gradual increase of
duties). In return PH had to grant US same privileges in
addition to: the right to explore natural resources of PH
and operate public utilities
o This required amendments of the 1935 Constitution
Mabanag vs. Lopez Vito
What was assailed?
EDSA
o
o
o
EDSA
o
I
Exercise of people power of revolution
Extraconstitutional
Presented a political question
II
Exercise of people power of speech and freedom of
assembly
Ramos Amendements
Santigao vs. Comelec
unconstitutional
COURT: No ex-post facto law. No law was invalidated. The
judicial interpretation of the law should be deemed
incorporated at moment of legislation.
Petitions assailing the constitutionality of the Disbursement
Acceleration Program (ramp up spending to increase economic
activity and expansion)
Issues
WoN Dap violates sec 29, Art VI of 1987 Constitution (no
money shall be paid out of the treasury except in pursuance of
an appropriation made by law.
No. DAP is not a fund or an appropriation. It is a program for
prioritizing spending to stimulate economy.
WoN it violates Sec 25 (5) of Art VI by:
o Treating unreleased appropriations and unobligated
allotments withdrawn as saving
Yes. Unreleased appropriation and unobligated
allotments are not spending.
o Authorizing the disbursement of funds for
projects/programs not provided in the GAA
Yes. May augment another item that is in the GAA
(exclusive)
o Augmenting discretionary lump sum
WoN Dap violates:
o Equal Protection Clause (funds released to select
legislators)
No. lacks factual basis
o System of Checks and Balances (allowed legislators to
keep silent on issues)
No. Speculative
o Principle of Public Accountability (Executive taking
Congress power of appropriation)
No. policies and acts executive could do in
implementation.
Doctrine of Operative Fact applicable
Unconstitutional:
EEZ
President
Vice-President
Members of Congress
Justices of the Supreme Court and lower collegiate courts
Ombudsman and deputies
Constitutional Commissions
Members of the Central Monetary Authority
CARAM Rule
Chiongbian Rule
What is repatriation?
If a person is repatriated, is he
natural born or naturalized?
Illustrative Cases on suits against
government
When is it a suit against govt?
Differences between an
incorporated and unincorporated
government agency
in its final form have been distributed to its Members three days
before its passage, except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or
emergency.
In times of national emergency, when the public interest so requires,
the State may, during the emergency and under reasonable terms
prescribed by it, temporarily take over or direct the operation of any
privately owned public utility or business affected with public
interest.
consent)
Capital refers only to shares of stock that can vote in the
election of directors
60% of capital should result in controlling interest (common
shares/voting shares)
Grandfather rule trace back who really own the company
holding shares
Control Test see who really is in control through holdings of
voting stock
Mass Media 100% Filipino
Advertising Industry 70% Filipino
Public Utility 60% Filipino
Yes.
Control of the DENR/DENR Secretary over small-scale mining
in the provinces is granted by three statutes: (1) R.A. No. 7061
or The Local Government Code of 1991; (2) R.A. No. 7076 or
the Peoples Small Scale Mining Act of 1991; and (3) R.A. No.
7942, otherwise known as the Philippine Mining Act of 1995.
Case was decided this way because there is always
presumption of constitutionality
[I]n the event the national government incurs an unmanaged public
sector deficit, the President of the Philippines is hereby authorized,
upon the recommendation of [the] Secretary of Finance, Secretary of
the Interior and Local Government and Secretary of Budget and
Management, and subject to consultation with the presiding officers
of both Houses of Congress and the presidents of the liga, to make
the necessary adjustments in the internal revenue allotment of local
government units but in no case shall the allotment be less than
thirty percent (30%) of the collection of national internal revenue
taxes of the third fiscal year preceding the current fiscal year x x
x.
There are therefore several requisites before the President may
interfere in local fiscal matters: (1) an unmanaged public sector
deficit of the national government; (2) consultations with the
Regalian doctrine: state has ownership of all lands. One claiming the
land has burden of proof.
Sandiganbayan
Power Of Judicial Review: legislative and executive acts are subject to the review of the judiciary to determine if it is not
against the Constitution
Requisites