consti 1st exam reviewer
TRANSCRIPT
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Review Question AnswerMacariola vs. Asuncion 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 ishing !ndustries "provision
stated that #udges could not engage in commerce$ either in
person or in pro%&'
Court( )ven though the provision is part of the Spanish Code
of Commerce it parta*es the nature of a political law$ since it
regulates the relationship +etween the government and
certain pu+lic o,cers and emplo&ees. "more of administrative
law'
-olitical law +ranch of law which deals with the organi/ation
and operation of di0erent organs of the State de2ne the
relations of the state with its inha+itants of its territor&.
"constitutional law$ law of pu+lic admin$ administrative law$
and law of pu+lic corporation'
3pon transfer of sovereignt& all political laws of the former
sovereign are automaticall& a+rogated
T&pes of Constitutional aw English
o a+sence of a written constitution
o
no power of #udicial reviewo parliamentar& supremac&
European Continental
o there is a written constitution
o no power of #udicial review
o onl& render advisor& opinions upon reuest of the
government
American Type
o there is a written constitution
o there is power of #udicial review
o given e0ect through the power of courts.
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T&pes of constitution
• As to origin
• As to form
• As manner of amending
-hil Constitution is6
As to origin(
o Conventional7)nacted given de2nite form at one given
timeo Cumulative7)volved evolved through traditions and
customs As to form(
o 8ritten reduced to writing at a particular time
o 3nwritten has not +een committed to writing at one
time product of gradual political and legal development As to manner of amending(
o 9igid amended through a special process distinct w7
e%traordinar& reuirementso le%i+le ma& +e changed the same wa& one would
pass a law
our :rganic aws in Chronological
:rder and their respective
characteristics
Mc;inle&1'
o 9ider the @Arm& and av& Appropriation ActB
o Changed gov
o Dovernor general had )%ecutive power
Ma& suspend ha+eas corpus upon
recommendation of -hil Commissiono ?icameral egislative
-hilippine Commission upper house All
American
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-hilippine Assem+l& lower house elected
ilipinoso Ee2ned citi/ens for the 2rst time
All inha+itants who were su+#ects of Spain as of
April 11$ 1F==$ who continued to reside and all
children +orn Jones aw "1=>G'
o -hilippine Autonom& Act
o Tripartite government with real separation of powers
o American DovDen e%ecutive power
Could suspend ha+eas corpus without
recommendation of legislatureo egislature Senate and House of 9epresentative "All
ilipinos' T&dings Mcdu0e aw -hilippine !ndependence Act of 1=I4
)na+ling statute providing for the mechanism where+& the
constitution of an independent -hilippines could +e adopted -rovided for(
o Call of ConCon to draft Constitution
o 9epu+lican government$ ?ill of 9ights$ Separation of
Church and Stateo Su+mission of draft to the 3S -resident for certi2cation
of conformit&o 9ati2cation +& people in a ple+iscite
Complete independence was to ta*e place 1> &rs after its
e0ectivit&8hat was the form of government in
1=I56
-residential 9epu+lic
8as the government in 1=I5
unicameral6
es. There was a unicameral ational Assem+l&
8hat were the terms of o,ce of the
-resident during 1=I5.
-resident could serve for G &ears$ for 1 term onl&. "later
amended'8hat were the amendments of the 1=I5
Constitution 6 "including &ears'
1=4>
o ?icameral Congress
o Changing the term of -resident to 4 &ears$ terms.
o !ndependent )lectoral Commission
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-arit& Amendment
o 9elated to the ?ell Trade Act "grant -H e%ports entr& to
3S free of customs duties and a gradual increase of
duties'. !n return -H had to grant 3S same privileges in
addition to( the right to e%plore natural resources of -H
and operate pu+lic utilitieso
This reuired amendments of the 1=I5 Constitution
Mabanag vs. Lopez Vito
8hat was assailed6
Mabanag vs. Lopez Vito
o suspended legislators were not included as +asis for
computing K vote. Court invo*ed )nrolled ?ill Theor&.
"all passed +ills are assumed to have followed proper
procedure'o uestioned if the voting complied with the K rule of
1=I5 Constitution Javellana vs. )%ecutive Secretar&
8hat was political6 8hat was #usticia+le6
-:!T!CA L3)ST!:S
o 8o 1=I Constitution is in force J3ST!C!A?) L3)ST!:S
o Nalidit& of -roclamation o. 11>
o Nalidit& of rati2cation of the Constitution
8hat were the amendments of 1=I
Constitution6 "include &ears'
1=G Amendments
o -resident granted legislative power "Amendment o. G'
1=F> Amendments
o 9aised the SC retirement age from G5 >
1=F1 Amendments
o Changed the form of government from parliamentar& to
presidential 1=F4 Amendments
o -rovided for a Nice-resident as a response to
succession pro+lem8a&s to amend under 1=I
Constitution6
8hat were the voted needed6
Calling for a Constitutional Convention
Through a Constituent Assem+l& "legislative would act as
constituents
Ma& +e proposed +& the ational Assem+l& at the vote of K of
all its mem+ers$ or +& the Constitutional Convention
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ational Assem+l& ma& call a Constitutional Convention +& a
vote of 7I of all its mem+ers. :r su+mit such uestion to an
electorate +& a ma#orit& vote.8ere the wa&s amended thru Sanidad
vs. Comelec?
es. -resident ma& e%ercise legislative power and possess
Constituent power to propose amendments to the Constitution
"under Amendment o. G of the Constitution'Eid reedom Constitution a+rogate all
provision of 1=I Constitution6
• 8hat was a+rogated6
• 8hat was carried over6
o.
A+rogated(
o Article N!! ?atasang -am+ansa "egislative -rovisions'
o Article !O The -rime Minister and Ca+inet
o Article ON! Amendments
o Article ON!! Transitor& -rovisions
Adopted "in toto'
o Art ! ational Territor&
o Art !!! Citi/enship
o Art !N ?ill of 9ightso Art N Euties and :+ligations of Citi/ens
o Art N! Su0rage
Adopted "in so far as the& are no inconsistent'
o Art !! Eeclaration of -rinciples and State -olicies
o Art N!! -resident
o Art O the Judiciar&
o Art O! ocal Dovernment
o Art O!! Constitutional Commission
o Art O!!! Accounta+ilit& of -u+lic :,cers
o Art O!N ational )conom& and -atrimon& of the ationo Article ON Deneral -rovisions
Selfe%ecuting and not selfe%ecuting
provisions of the Constitution.Ei0erence +etween )ESA ! and )ESA !! )ESA !
o )%ercise of people power of revolution
o )%traconstitutional
o -resented a political uestion
)ESA !!
o )%ercise of people power of speech and freedom of
assem+l&
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o Constitutional onl& a0ected the o,ce of the president
o Succession su+#ect to legal review "political uestion'
PAs presented in the case of Estrada vs. Desierto
9amos Amendements
Santigao vs. Comelec
-!9MA campaign
Change s&stem from presidential to parliamentar&
Through people
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unconstitutionalB C:39T( o e%post facto law. o law was invalidated. The
#udicial interpretation of the law should +e deemed
incorporated at moment of legislation. Auraullo vs. A>uino
• "ote -ower of Augmentation
• De9nition of Di@erent 0erms
-etitions assailing the constitutionalit& of the Eis+ursement
Acceleration -rogram "ramp up spending to increase economic
activit& and e%pansion'
Issues
8o Eap violates sec =$ Art N! of 1=F Constitution "no
mone& shall +e paid out of the treasur& e%cept in pursuance of
an appropriation made +& law."o. DA& is not a fund or an appropriation. 2t is a program for
prioritizing spending to stimulate econom!. 8o it violates Sec 5 "5' of Art N! +&(
o Treating unreleased appropriations and uno+ligated
allotments withdrawn as @savingB
=es. %nreleased appropriation and unobligatedallotments are not spending.
o Authori/ing the dis+ursement of funds for
pro#ects7programs not provided in the DAA=es. Ma! augment anot(er item t(at is in t(e :AA
-eclusive/o Augmenting discretionar& lump sum
8o Eap violates(
o )ual -rotection Clause "funds released to select
legislators'"o. lacBs factual basiso S&stem of Chec*s and ?alances "allowed legislators to
*eep silent on issues'"o. Speculative
o -rinciple of -u+lic Accounta+ilit& ")%ecutive ta*ing
Congress< power of appropriation'"o. policies and acts eecutive could do in
implementation. Eoctrine of :perative act applica+le
3nconstitutional(
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o 8ithdrawal of uno+ligated allotments and declaration of
such along with unreleased appropriations as savings.o Cross +order transfers
o unding pro#ects not in DAA
Savings8 de9ned. The de2nition of @savingsB under the >11$
>1 and >1I DAAs refer to portions or +alances of an&programmed appropriation in this Act free from an& o+ligation
or encum+rance which are( "i' still availa+le after the
completion or 2nal discontinuance or a+andonment of the
wor*$ activit& or purpose for which the appropriation is
authori/ed "ii' from appropriations +alances arising from
unpaid compensation and related costs pertaining to
vacant positions and leaves of a+sence without pa& and "iii'
from appropriations +alances reali/ed from the
implementation of measures resulting in improved s&stemsand e,ciencies and thus ena+led agencies to meet and
deliver the reuired or planned targets. 9espondents were forcing the generation of savings in order
to have a larger fund availa+le for discretionar& spending.
9espondents$ +& withdrawing uno+ligated allotments in the
middle of the 2scal &ear$ in e0ect deprived funding for -A-s
with e%isting appropriations under the DAAs. Savings could not +e reali/ed for certaint& within the middle of
the 2scal &ear. unds for slow moving -A-s could not +e
considered as savings since such has not +een a+andoned or
discontinued &et. 8hat is the 2rst rule in statutor&
construction6
Ner+a egis as it is written and understood +& the people
ational Territor& ";ala&aan !sland
Droup'
-H claims ;ala&aan !slands to +e part of -H territor&
-E 15=G "June 11$ 1=F'
?& reason of histor&$ indispensa+le need$ and e0ective
occupation and control esta+lished in accordance with
international law
))Q ot part of a territor& +ut state has e%clusive economic
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• 8hat are its uses6
• :ther countries ma& not use if
for6
• :ther countries ma& use it for6
+ene2t ">> nautical miles from +aseline' -urpose73ses(
o Sovereign rights to e%plore and e%ploit natural
resourceso )%clusive right to est. of arti2cial islands o0shore
terminals$ installations$ and structureso -reservation of marine environment
:ther states ma& :T(o )%plore
o Conduct drilling
o Conduct research
o Construct operate arti2cial island$ o0shore terminal$
etc.o -erform an& other activit& contrar& to sovereign rights
:ther states MA use it for(
o avigation and overRight
o
a&ing of Su+marine Ca+les and -ipelineso awful avigation and Communication
&rovince of "ort( Cotabato vs. :)&
• !s there a pro+lem with ?J) as a
concept6
• 8hat is the meaning of
?angsamoro6
• 8hat is the meaning of irst
ation6
• 9elationship of !-9A w7 M:AAE
?J) has authorit& and #urisdiction over Ancestral Eomain and
Ancestral ands of the ?angsamoros. )ssentiall& a state all +ut
in name. -owers granted to it e%ceed those granted +& an&
ocal Dov "including A9MM'. @Associative relationshipB ?angsamoro all indigenous people in Mindanao
irst ation refers to indigenous people man& indigenous
groups "Canadian term'. M:AAE violated !-9A procedure of delineating ancestral
domainCiti/enship !llustrative Cases8hich o,ces ma& onl& natural +orn
citi/ens occup&6
-resident
Nice-resident
Mem+ers of Congress
Justices of the Supreme Court and lower collegiate courts
:m+udsman and deputies
Constitutional Commissions
Mem+ers of the Central Monetar& Authorit&
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Mem+ers of the CH9
Citi/en 9etention and 9eacuisition Act
• 8hat is it a+out6
9A =5 "August =$>>I'
9efers onl& to citi/ens of countr& who lost citi/enship +& virtue
of naturali/ation in another countr& Those who were naturali/ed +efore August =$ >>I ma&
regain Those who were naturali/ed after will not lose their citi/enship
"retain'CA9AM 9ule S&rian in the Constitutional Convention
Those +efore the 1=I5 Constitution$ who were elected "not
appointed' into pu+lic o,ce are considered citi/ens.Chiong+ian 9ule Children of those considered citi/ens under the Caram rule
were considered as citi/ens +ut +ecause of par. I "father was
a citi/en'8hat is Eerivative Citi/enship6 @The unmarried child$ whether legitimate$ illegitimate or
adopted$ +elow eighteen "1F' &ears of age$ of those who re
acuire -hilippine citi/enship upon e0ectivit& of this Act shall
+e deemed citi/enship of the -hilippines.B 9A =5 Sec 4Ma>uiling vs. Comelec Arnado$ Ma&or of ;auswagan
9enounced 3S citi/enship
-roven to have used 3S passport G times after doing so "use
of foreign passport indicates recognition of foreign state as
national' even after issue of -H passport Eual citi/ens cannot run for pu+lic o,ce.
9A =5 Sec 5"' those who reacuire and see* elective
pu+lic o,ce must renounce an& and all foreign citi/enship8hat is the overseas voting act6
• !s it a violation of residenc&
reuirement6
• Macalintal vs. Comelec
9A =1=F
!mmigrant ma& vote +& preparing a,davit that he7she shall
resume permanenet residence in the -hilippines not later than
I &rs from approval. ot a violation of residenc& reuirement +ecause Court
alread& e%empted them in Sec $ Arv N. Constitutional
Commission provided for an e%emption to actual residenc&
rule of Sec 1
8hat is repatriation6
9epatriation "ta*ing oath of allegiance in ocal Civil 9egistr&'
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• !f a person is repatriated$ is he
natural +orn or naturali/ed6
results in the recover& of original nationalit& atural ?orn if originall& atural ?orn.
!llustrative Cases on suits against
government
• 8hen is it a suit against gov
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!f consent is provided +& the charter the consent does not stop
with the rendition +ut goes up to the satisfaction of the
#udgment. "funds can even +e garnished'
Corporation under general law$ ma& it
+e sued for a uasidelict6
•
Special agent6
• State is lia+le if it acts through special agent "one who
receives a de2nite and 2%ed order or commission$ foreign to
the e%ercise of the duties of his o,ce'• A9T 1F> of the Civil Code allows a suit against the
government for uasidelicts committed +& the voernment
when acting through special agents "those performing non
regular function'
• !f the tortious act was commited +& a regular emplo&ee the
in#ured part& could onl& +ring a suit for damages against the
emplo&ee in his personal capacit&
Merrit v. :ov’t ' c(au@er of ambulance as not a special agent
Ei0erence +etween corporations created
+& special law and charters!f government 2les a suit against &ou$
does it waive its immunit&6
es. !f government is claiming a,rmative relief. -)elief8 bene9t8
or compensation (ic( ma! be granted to t(e defendant in a
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Eeclare state of war "7I voting separatel&' 1G
Congressmen and 1G Senators Amendment7revision of Consti "I74 of all mem+ers of
congress' 1> legislators !f -res vetoes "7I of one House to pass to another house$
needs two thirds'
)ECA )nhanced Eefense Cooperation Agreement "signed April F$ >14'
Allow 3S to station troops and operations in -hilippine territor&
Signed not +& presidents :T an e%ecutive agreement$
need not +e vetoed +& the Senate Signed +& Sec. of Eefense and 3S Am+assador
"1' !s it constitutional6 "unimpeded access and use of A- +&
3S'"'Eoes )ECA mean return of 3S +ases in -H6 "o. no
permanent militar& power'
a. Shouldn
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in its 2nal form have +een distri+uted to its Mem+ers three da&s
+efore its passage$ e%cept when the -resident certi2es to the
necessit& of its immediate enactment to meet a pu+lic calamit& or
emergenc&.
!n times of national emergenc&$ when the pu+lic interest so reuires$
the State ma&$ during the emergenc& and under reasona+le termsprescri+ed +& it$ temporaril& ta*e over or direct the operation of an&
privatel& owned pu+lic utilit& or +usiness a0ected with pu+lic
interest.
!n times of war or other national emergenc&$ the Congress ma&$ +&
law$ authori/e the -resident$ for a limited period and su+#ect to such
restrictions as it ma& prescri+e$ to e%ercise powers necessar& and
proper to carr& out a declared national polic&.Are we allowed to teach religion in
pu+lic schools6
es. Allowed to +e taught in class hours$ when e%pressed in writing
+& the -arentsSeparation of Church and State
• Complete separation6
• 8hen is it not separation6
• 8ho can invo*e it6
)sta+lishment Clause$ ree )%ercise Clause$ o religious test
• o. Churches$ parsonages$ convents$ mosues$ used for
religious purposes e%empted from ta%ation
• Militar& pa&s priests #ust li*e orphanages$ penal insitutions$
and leprosariums-owers of the Commission on Human
9ights
"1' !nvestigate on its own or on complaint +& an& part&$ all forms
of human rights violations involving civil and political rights"'Adopt its operational guidelines and rules of procedure$ and
cite for contempt for violations thereof in accordance with the
9ules of Court"I'-rovide legal measures for the protection of human rights of
all persons within the -hilippines$ as well as ilipinos residing
a+road$ and provide preventive measures and legal aid
services to the underprivileged whose human rights have
+een violated or need protection"4')%ercise visitorial powers over #ails$ prisons$ or detention
facilities.
"5')sta+lish a continuing program of research$ education$ and
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information to enhance respect for the primac& of human
rights"G'9ecommend to Congress e0ective measures to promote
human rights and to provide for compensation to victims of
violations of human rights$ or to their families."'Monitor the -hil gov
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consent':amboa vs. 0eves
• 8hat is the de2nition of capital6
• How to determine G>4> rule6
• 8hat are the di0erent tests6
Capital refers onl& to shares of stoc* that can vote in the
election of directors G> of capital should result in controlling interest "common
shares7voting shares' Drandfather rule trace +ac* who reall& own the compan&
holding shares Control Test see who reall& is in control through holdings of
voting stoc*9egulation of certain industries and how
the& are related to ilipino ownership.
Mass Media 1>> ilipino
Advertising !ndustr& > ilipino
-u+lic 3tilit& G> ilipino
Eid E)9 have power in League of
&rovinces?
:ver ocDov6
8h& was case decided this wa&6
es.
Control of the E)97E)9 Secretar& over smallscale mining
in the provinces is granted +& three statutes( "1' 9.A. o. >G1
or 0(e Local :overnment Code of 33 "' 9.A. o. >G or
the &eople’s Small Scale Mining Act of 33 and "I' 9.A. o.=4$ otherwise *nown as the &(ilippine Mining Act of 37.
Case was decided this wa& +ecause there is alwa&s
presumption of constitutionalit&8hen can -resident interfere in local
"2scal6' matters
!Un the event the national government incurs an unmanaged pu+lic
sector de2cit$ the -resident of the -hilippines is here+& authori/ed$
upon the recommendation of theU Secretar& of inance$ Secretar& of
the !nterior and ocal Dovernment and Secretar& of ?udget and
Management$ and su+#ect to consultation with the presiding o,cers
of +oth Houses of Congress and the presidents of the liga$ to ma*ethe necessar& ad#ustments in the internal revenue allotment of local
government units +ut in no case shall the allotment +e less than
thirt& percent "I>' of the collection of national internal revenue
ta%es of the third 2scal &ear preceding the current 2scal &ear % %
%.B
There are therefore several reuisites +efore the -resident ma&
interfere in local 2scal matters( "1' an unmanaged pu+lic sector
de2cit of the national government "' consultations with the
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presiding o,cers of the Senate and the House of 9epresentatives
and t(e presidents of t(e various local leaguesF and "I' the
corresponding recommendation of the secretaries of the Eepartment
of inance$ !nterior and ocal Dovernment$ and ?udget and
Management. urthermore$ an& ad#ustment in the allotment shall in
no case +e less than thirt& percent "I>' of the collection of
national internal revenue ta%es of the third 2scal &ear preceding thecurrent one.
9egalian Eoctrine
• 8hat do &ou do if &ou have claim
of ownership6
• 8ho does the presumption favor6
9egalian doctrine( state has ownership of all lands. :ne claiming the
land has +urden of proof.
8hat are the ma%imum terms of o,ce6
• How is it counted6
• 8hat a+out interruptions6
ou ma& onl& serve three consecutive terms "ma&or'
!nterruptions are still counted
Succession not counted
!f there was a recall and u are elected that counts as an
interruption8hen do &ou need to have a ple+iscite
for creation of ocDov +oundaries6
)S.
"avarro vs. Eecutive Secretar! Creation of the Eianagat islands
-rovince must have income not les than > Million 5>$>>>
inha+itants$ territor& of $>>> suare meters S: did not certif& special census. and was onl& F>.1
suare meters
Einagat failed to compl& with land area and populationreuirement
-le+iscite should have included the mem+ers of parent
province 9eversed( Einagat is read& and capa+le of +ecoming a
province "large income and good services to its constituents'
-or* ?arrel Cases "Toda&
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funded +& CE is encroachment of e%ecutive
power Court( power of appropriation carries w7 it power
to specif& the pro#ect7activit& to +e funded
individual mem+ers of Congress are more
*nowledgea+le of the needs of their constituentso 9ealignment of Allocation for :perational )%penses
-etitioners( Senate -resident7Spea*er of the
House authori/ed$ :T individual mem+ers of
Congress Court( Mem+ers onl& determine the necessit& of
realignment "more *nowledgea+le' approval +&
Senate -resident7Spea*ero Appropriation for Ee+t service "see :uingona vs.
Carague/
@por* +arrel ma*es the uneual eualB
Lamp vs. Sec. of #udget
o Constitutionalit& of &riorit! Development and Assistance
undo -etitioners( violation of separation of powers. E?M
illegall& made and directl& released +udgetar&
allocations out of -EA in favor of individual mem+erso Court( presumption of validit& no clear uneuivocal
+reach of the Constitution
?elgica vs. :choa
o Aftermath of apoles scam "soft pro#ects went to D:'
o Constitutionalit& of &orB #arrel S!stem
o 9ealignment reuires prior approval of legislators
o -residential -or* ?arrel Malampa&a unds "Das
-ro#ect' and -residential Social und "-ADC:9'o Niolated separation of powers +ecause Congressmen
were dictating instead of recommendingo
There was undue delegation to individual mem+ers
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o Chec* and +alance violated since -resident could not
vetoo Niolation of local autonom&
-ower of the :m+udsman -rosecutes cases in the Sandigan+a&an "same function as
Tanod+a&an' 3sed to +e Tanod+a&an "demoted to Special -rosecutor'
@:m+udsman need not wait for a complaint. Ma& investigate
an&thing on its ownB @Ma& pu+lici/e matters covered +& its investigationB
@Has power over all elective and appointed e%cept (
impeacha+le o,cials$ mem+ers of Congress$ #udiciar&. "ma&
investigate 2rst two +ut not discipline' Ma& impose penalt& through proper course
Sandigan+a&an Court for corruption cases
-rosecuted +& the :m+udsman
Has #urisdiction over D:CC with special charter
o #urisdiction over D:CC pursuant to general law"Corporation Code'
acial vs. Asapplied Challenge acial challenge assails the validit& of the stat&te for +eing
unconstitutional at all times "at its face' Asapplied challenge assails the validit& of the statute once
applied to &ouHow is facial challenge applica+le to our
rights6
• ou ma& onl& use facial challenge
when legislature passes what *indof statute6 "infringes on what
right6'
acial Challenge when legislature passes overl& +road law that
would a0ect freedom of speech7e%pression "over+readth
doctrine'
Ei0erence +etween
:udani vs. Senga and Senate vs. Ermita
Ei0erence +etween e%ecutive privilege "-resident has no
+lan*et authorit& must have formal grounds to invo*e it' and
Commander in Chief power "a+solute with recourse in
#udiciar&'
-ower :f Judicial 9eview( legislative and e%ecutive acts are su+#ect to the review of the #udiciar& to determine if it is not
against the Constitution
-
8/17/2019 Consti 1st Exam Reviewer
21/21
Eetermine if there has +een grave a+use of discretion
9euisites
Actual Case or Controvers&
Must +e ripe for ad#udication
-art& must have legal standing
Constitutional uestion raised at earliest possi+le time and must +e the ver& lis mota of the case