Memory Aid

download Memory Aid

of 98

  • date post

    08-Nov-2014
  • Category

    Documents

  • view

    179
  • download

    3

Embed Size (px)

description

Memory Aid 2005

Transcript of Memory Aid

San Beda College of Law1 M EMORY A ID IN P OLITICAL L AW

CONSTITUTIONAL LAWIN GENERAL CONSTITUTION - the document which serves as the fundamental law of the state. (V. Sinco, Philippine Political Law, 11th ed., p.6870); that written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic (Malcolm, Philippine Constitutional Law, p.6) Classification: 1. written (conventional or enacted) v. unwritten (cumulative or evolved). 2. rigid v. flexible The Philippine Constitution is written and rigid. (Art. XVII) The 1987 Constitution took effect on February 2, 1987, the date of the plebiscite for its ratification and not on the date its ratification was proclaimed. (De Leon v. Esguerra, 153 SCRA 602) Interpretation: a doubtful provision shall be examined in the light of the history of the times and the conditions and circumstances under which the Constitution was framed (Civil Liberties Union v. Executive Secretary, 194 SCRA 317). In case of doubt, the provisions should be considered self-executing; mandatory rather directory; and prospective rather than retroactive (Nachura, Reviewer in Political Law, p.3) CONSTITUTIONAL LAW - designates the law embodied in the Constitution and the legal principles growing out of the interpretation and application of its provisions by the courts in specific cases (Sinco, supra, p.67) STATE - A community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of the inhabitants render habitual obedience; a politically organized sovereign community independent of outside control bound by ties of nationhood, legally supreme within its territory, acting through a government functioning under a regime of law. (CIR v. Campos Rueda, 42 SCRA 23). Elements: People inhabitants of the State, the number of which is capable for selfsufficiency and self-defense; of both sexes for perpetuity. Different meanings of the word people: -People as inhabitants (Sec.1, Art.XIII; Secs.15 -16, Art. II; Sec.2, Art.III); -People as citizens (Preamble; Secs. 1 and 4, Art. II; Sec.7, Art. III); -People as electors (Sec.4, Art. VII; Sec.2, Art. XVI; Sec. 25, Art. XVIII). Territory fixed portion of the surface of the earth inhabited by the people of the State; see Art I. Sovereignty supreme and uncontrollable power inherent in a State by which that State is governed; Characteristics: a. permanent b. exclusive c. comprehensive d. absolute e. indivisible f. inalienable g. imprescriptible

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro, Joy Zabala

2

2005 CENTRALIZED BAR OPERATIONS

Theory of Auto-Limitation - any state may by its consent, express or implied, submit to a restriction of its sovereign rights. There may thus be a curtailment of what otherwise is a power plenary in character. (Reagan v. CIR, G.R. No. L-26379. Dec. 27, 1969). Imperium - the states authority to govern embraced in the concept of sovereignty; includes passing laws governing a territory, maintaining peace and order over it, and defending it against foreign invasion. Dominium - capacity of the state to own or acquire property. (Lee Hong Hok v. David, 48 SCRA 372) Effect of Belligerent Occupation No change in sovereignty. However, political laws, except those of treason, are suspended; municipal laws remain in force unless changed by the belligerent occupant. principle of jus postliminium At the end of the occupation, political laws are automatically revived. (Peralta v. Director of Prisons, 75 Phil. 285) Effect of Change of Sovereignty The political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, unless they are expressly re-enacted by affirmative act of the new sovereign. Municipals laws remain in force. (Macariola v. Asuncion, 114 SCRA 77) Jurisdiction manifestation of sovereignty Territorial authority to have all persons and things within its territorial limits to be completely subject to its control and protection.C HAIRPERSONS

Personal - authority over its nationals, their persons, property, and acts, whether within or outside its territory. Extraterritorial authority over persons, things or acts, outside its territorial limits by reason of their effects to its territory. Government that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. (US v. Dorr, 2 Phil. 332). Government of the Republic of the Philippines is the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including the various arms which political authority is made effective, whether pertaining to the autonomous regions, the provincial, city or barangay subdivisions or other forms of local government. [Sec. 2(1), E.O. 292 or the Administrative Code of 1987] Classification: De jure has a rightful title but no power or control, either, because same has been withdrawn from it or because same has not yet actually entered into the exercise thereof. De facto actually exercises power or control but without legal title (Lawyers League for a Better Philippines v. Aquino, G.R. No. 73748, May 22, 1986). De facto proper government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintainsAND

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE

S UBJECT

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law3 M EMORY A ID IN P OLITICAL L AW itself against the will of the latter; Government of paramount force established and maintained by military forces who invade and occupy a territory of the enemy in the course of war; and Independent government established by the inhabitants of the country who rise in insurrection against the parent state (Ko Kim Cham v. Valdez Tan Keh, 75 Phil. 113). Functions: constituent compulsory because constitutive of the very bonds of society; ministrant undertaken to advance general interest of society (Bacani v. NACOCO, 100 Phil. 468); merely optional. Doctrine of Parens Patriae government as guardian of the rights of People (Government of Philippines Islands v. El Monte de Piedad, 35 SCRA 738). FUNDAMENTAL POWERS OF THE STATE Inherent Powers of the State: I . POLICE POWER - Law of overruling necessity - power promoting public welfare by restraining and regulating the use of liberty and property. Basis: public necessity and right of State and of public to self-protection and self-preservation. Who may exercise: generally, legislature but also: the President, Administrative bodies, and Law-making bodies of LGUs the Requisites (Limitations): Lawful Subject the interests of the public in general, as distinguished from those of a particular class, require the exercise of the power; Lawful Means the means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals; When exercised by a delegate: express grant by law; within territorial limits for LGUs except when exercised to protect water supply; and must not be contrary to law. II . POWER OF EMINENT DOMAIN - power of State to forcibly take private property for public use upon payment of just compensation Basis: necessity of the property for public use. Who may exercise: generally, legislature but also: the President; Law-making bodies of LGUs; Public Corporations, and; Quasi-public Corporations. the

Two stages: determination of the authority of the plaintiff to exercise the power and the propriety of its exercise; and determination of just compensation. Requisites: 1. Necessity when exercised by: Congress political question; Delegate justiciable question 2. Private property all private property capable of ownership may be expropriated, except money and choses in action; may include services (Republic v. PLDT, 26 SCRA 620). 3. Taking: there is taking when: i. owner actually deprived or dispossessed of his property;

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro, Joy Zabala

4

2005 CENTRALIZED BAR OPERATIONS

ii. there is practical destruction or a material impairment of value of property; iii. owner is deprived of ordinary use of his property; and iv. owner is deprived of jurisdiction, supervision and control of his property. requisites: i. expropriator mu