Category: Political Law

— Constitutional Law, Political Law —

Marbury v. Madison 5 U.S. 137 (Feb 24, 1803) Doctrine of Constitutional Supremacy

September 7, 2019

Facts of the case Thomas Jefferson defeated John Adams in the 1800 presidential election. Before Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary Act of 1801, which created new courts, added judges, and gave the president more control over appointment of judges. The Act was essentially an attempt by Adams… Read More Marbury v. Madison 5 U.S. 137 (Feb 24, 1803) Doctrine of Constitutional Supremacy

— Bar Q & A, Political Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN POLITICAL LAW UP Law Complex

August 15, 2019

I. A priority thrust of the Administration is the change of the form of government from unitary to federal. The change can be effected only through constitutional amendment or revision. (a) What are the methods of amending the Constitution? Explain briefly each method. (3%)  SUGGESTED ANSWER  The Constitution may be amended or revised by the… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN POLITICAL LAW UP Law Complex

— Constitutional Law, Political Law —

Amendments or Revisions of the Constitution: Cases and Bar Q & A

August 7, 2019

ARTICLE XVII SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention. SECTION 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least… Read More Amendments or Revisions of the Constitution: Cases and Bar Q & A

— Constitutional Law, Political Law —

ANGARA v. THE ELECTORAL COMMISSION GR No. 45081, Jul 15, 1936 Doctrine of Separation of Powers, Judicial Review,the System of Checks and Balances

June 18, 2019

FACTS: In the September 17, 1935 election, Jose A. Angara, and respondents Pedro Ynsua, et al., were candidates for the position of Member of the National Assembly for the first district of the Province of  Tayabas. The provincial board of canvassers proclaimed  the  petitioner as member-elect of the National Assembly for the said district, for… Read More ANGARA v. THE ELECTORAL COMMISSION GR No. 45081, Jul 15, 1936 Doctrine of Separation of Powers, Judicial Review,the System of Checks and Balances

— Constitutional Law, Political Law —

DAR v. BERIÑA G.R. No. 183901 July 9, 2014 J. Perlas-Bernabe Just Compensation, Expropriation

June 18, 2019

FACTS: Respondents are among the eight children of the late Sps. Gacias, whose riceland and other agricultural lands were placed under the government’s Operation Land Transfer (OLT) Program, pursuant to PD 27 (Tenants Emancipation Decree, as amended). Prior to the effectivity of PD 27, Sps. Gacias executed individual deeds of sale in favor of their… Read More DAR v. BERIÑA G.R. No. 183901 July 9, 2014 J. Perlas-Bernabe Just Compensation, Expropriation

— Political Law —

SAHAR INTERNATIONAL v. WARNER LAMBERT G.R. No. 194872 June 9, 2014 J. Perlas-Bernabe Moot and Academic Case

June 17, 2019

FACTS: Warner Lambert, a foreign corporation, is the registered owner of three Philippine patents for the pharmaceutical substance Atorvastatin which reduces the amount of bad cholesterol, increases the level of good cholesterol in one’s blood. Respondent Pfizer is the exclusive licensee of Warner Lambert to import, market, distribute, and sell products covered by the subject… Read More SAHAR INTERNATIONAL v. WARNER LAMBERT G.R. No. 194872 June 9, 2014 J. Perlas-Bernabe Moot and Academic Case

— Constitutional Law, Political Law —

KABATAAN PARTY-LIST v. COMELEC Suffrage, Biometrics Law; Constitutionality, Strict Scrutiny

June 12, 2019

FACTS: President Benigno Aquino III signed into law RA 10367. Essentially, RA 10367 mandates the COMELEC to implement a mandatory biometrics registration system for new voters, and directs that “[r]egistered voters whose biometrics have not been captured shall submit themselves for validation.” “Voters who fail to submit for validation on or before the last day… Read More KABATAAN PARTY-LIST v. COMELEC Suffrage, Biometrics Law; Constitutionality, Strict Scrutiny

— Political Law, Remedial Law —

OFFICE OF THE OMBUDSMAN v. ERNESTO M. DE CHAVEZ, et al. G.R. No. 172206, July 03, 2013 Rules and Procedure of the Office of the Ombudsman (RA 6770), Intervention

May 12, 2019

FACTS: The Batangas State University Board of Regents (BSU-BOR) received an Order from the Deputy Ombudsman directing it to enforce OMB’s Joint Decision and Supplemental Resolution finding herein respondents guilty of dishonesty and grave misconduct and imposing the penalty of dismissal from service with its accessory penalties. The BSU-BOR issued Resolution No. 18, implementing the… Read More OFFICE OF THE OMBUDSMAN v. ERNESTO M. DE CHAVEZ, et al. G.R. No. 172206, July 03, 2013 Rules and Procedure of the Office of the Ombudsman (RA 6770), Intervention

— Constitutional Law, Political Law —

Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

April 2, 2019

FACTS: Petitioner Senator Blas Ople prays that Administrative Order No. 308 entitled “Adoption of a National Computerized Identification Reference System” be declared unconstitutional on two grounds, viz:  It is a usurpation of the power of Congress to legislate, and  It impermissibly intrudes on our citizenry’s protected zone of privacy. A.O. No. 308 was published in… Read More Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

— Political Law —

GUNSI v. COMELEC and DATU ISRAEL SINSUAT G.R. No. 168792 February 23, 2009 R.A. 8189 Voter’s Registration Act, Moot and Academic Cases, Exceptions

March 12, 2019

FACTS: Private respondent Datu Sinsuat filed a petition for the denial of due course to or cancellation of the certificate of candidacy (COC) of Gunsi for Mayor of South Upi, Maguindanao in in the May 10, 2004 Elections alleging that: (a) Gunsi was not a registered voter in the Municipality of South Upi, Maguindanao since… Read More GUNSI v. COMELEC and DATU ISRAEL SINSUAT G.R. No. 168792 February 23, 2009 R.A. 8189 Voter’s Registration Act, Moot and Academic Cases, Exceptions