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- It also gives coastal States more or less jurisdiction over foreign vessels depending on where the vessel is located. Insofar as the internal waters and territorial sea is concerned, the Coasta! Swift, G. B a The territorial Sea is 12 nautical miles...
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In that instance there is no need for a dissection or further inquiry on the ownership of the corporate shareholders in both the investing and investee corporation or the application of the Grandfather Rule. Redmont Consolidated Mines Corporation, G. Note: This question should have been asked in Mercantile Law. I respectfully ask that answers featuring the foregoing discussion should be accepted as correct. It is not necessary for the President to declare a state of rebellion before calling out the Armed Forces of the Philippines to suppress it. The proclamation only gives notice to the nation that such a state exists and that the Armed Forces of the Philippines may be called upon to suppress it Sanlakas V.- Executive Secretary, G. In a proclamation of a state of national emergency, the President is already calling out the Armed Forces of the Philippines to suppress. Arroyo, G. B The following are the limitations to the pardoning power of the President: 1 The President cannot pardon impeachment cases. Section 19, Article VII of Constitution 4 The President cannot grant pardon, amnesty, parole or suspension of sentence for violation of election laws, rules and regulations without the favorable recommendation of the Commission on Elections. Section 9, Article iX-C of Constitution. Romilo, Jr. Except in cases of impeachment, or as otherwise provided in this constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
- No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission. Pardon cannot also be extended for purposes of absolving the pardonee of civil liability, including judicial costs, since, again, the interest that is remitted does not belong to the State but to the private litigant. Senator Fleur De Lis is charged with plunder before the Sandiganbayan. The prosecution files a motion to suspend the Senator relying on Section 5 of the Plunder Law. According to the prosecution, the suspension should last until the termination of the case.
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Senator Lis vigorously opposes the motion contending that only the Senate can discipline its members, and that to allow his suspension by the Court would violate the principle of separation of powers. The suspension imposed under Section 5 of the Plunder Law is not a penalty but a preventive measure. The doctrine of separation of powers cannot be deemed to have excluded Members of Congress from the application of the Plunder Law. The law itself does not exclude Members of Congress from its coverage. The Sandiganbayan did not err in issuing the preventive suspension order Santiago v. Sandiganbayan, G. After the implementation of the Resolution, Atty. Dipasupil questioned the legality of the Resolution alleging that the BOD has no authority to do so. The BOD claims otherwise arguing that the doctrine of qualified political agency applies to the case.- Although some members of the Board of Directors were cabinet members, they did not become members of the Board of Directors because of their appointment but because of their designation by the law. When they implemented a new organizational plan, they were not acting as alter egos, of the President but as members of the Board of Directors pursuant to the law Manalang-Demigillo v. IX Several senior officers of the Armed Forces of the Philippines received invitations from the Chairperson of the Senate Committees on National Defense and Security for them to appear as resource persons iri scheduled public hearings regarding a wide range of subjects.
- The invitations state , that these public hearings were triggered by the privilege speeches of the Senators that there was massive electoral fraud during the last national elections. The invitees Brigadier General Matapang and Lieutenant Coronel Makatuwiran, who were among those tasked to maintain peace and order during the last election, refused to attend because of an Executive Order banning all public officials enumerated in paragraph 3 thereof from appearing before either house of Congress without prior approval of the President to ensure adherence to the rule of executive privilege.
- Decide the case. By virtue of. Senga, G. The provision in the Executive Order which authorized Department Secretaries to invoke executive privilege in case senior officials in their departments are asked to appear in a legislative investigation is not valid. It is upon the President that executive power is vested. Only the President can make use of Executive Privilege Senate v.
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ABC Corporation, a holder of a TLA which is about to expire, claims that the conditions for conversion imposed by the said circular are unreasonable and arbitrary and a patent nullity because it violates the non-impairment clause under the Bill of Rights of the Constitution. ABC Corporation goes to court seeking the nullification of the subject circular. The DENR moves to dismiss the case on the ground that ABC Corporation has failed to exhaust administrative remedies which is fatal to its cause of action, If you were the judge; will you grant the motion?- The doctrine of exhaustion of administrative remedies applies only to judicial review of decisions of administrative agencies in the exercise of their quasi-judicial power. It has no application to their exercise of rule-making power Holy Spirit Homeowners Association, Inc. Defensor, G. XI A What is the concept of expanded judicial review under the Constitution? Ochoa, Jr. In addition, the remedies of certiorari and prohibition in the Supreme Court are broader in scope and may be issued to correct errors of jurisdiction of judicial, quasi-judicial or ministerial actions and may be invoked to restrain any act of grave abuse of discretion of any branch of government, even if it does not exercise judicial, quasi-judicial or ministerial functions Araullo v. Aquino III, G. XII Discuss the evolution of the principle of jus sanguinis as basis of Filipino citizenship under the , , and Constitutions.
- However, Subsection 4, Section 1, Article Ill of the Constitution provided that if the mother was a Filipino citizen who lost her Philippine citizenship because of her marriage to a foreign husband, her children could elect Philippine citizenship upon reaching the age of majority. Subsection 2, Section 1, Article ill of the Constitution provided that a child born of a father or a mother who is a citizen of the Philippines is a Filipino citizen. Section 2, Articie Ill of the Constitution provided that a child whose father or mother is a Filipino citizen is a Filipino citizen. Subsection 3, Section 1, Article IV of the Constitution provided that a child born before January 17, , of Filipino mothers, who elected Philippine citi zenship upon reaching the age of majority under the Constitution is a natural-born Filipino citizen Tecson v. Commission on Elections, G. It mandated that the lone legislative district of the City of Pangarap would now consist of two 2 districts.
- For the elections, the voters of the City of Pangarap would be classified as belonging to either the first or second district, depending on their place of residence. The constituents of each district would elect their own representative to Congress. According to him, R. Is the claim correct? The Constitution does not require a plebiscite for the creation of a new legislative district by a legislative reapportionment. It is required only for the creation of new local government units Bagabuyo v. XIV Congress enacted R. In two 2 cases that it filed, the City of Masuwerte was assessed legal fees by the clerk of court pursuant to Rule Legal Fees of the Rules of Court.
- The City of Masuwerte questions the assessment, claiming that it is exempt from paying legal fees under Section 23 of its charter, is the claim of exemption tenable? His term of office started on June 2, to end on June 2, Subsequently, the President appointed Ms. On June 2, , Chairperson Ty retired optionally, after having served the government for thirty 30 years.
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The Commission on Appointments confirmed her appointment. Will the constitutional challenge succeed? When he was appointed as Chairman, Commissioner Marikit had not yet fully served his term. What the Constitution prohibits was his reappointment as Commissioner after serving his seven-year term.- Yes, Mr. Committee on Trade and Related Matters, G. Only the President or the Executive Secretary by order of the President can invoke executive privilege. Ermita, G. Y, the cabinet secretary could not on his own authority invoke the privilege. In all instances, there exists a presumption that inclines heavily against executive secrecy and in favor of disclosure. Senate Committee on Accountability, G.
- Disturbed by the strategy's supposed infirmities, a concerned citizens' organization raised the constitutionality of the two 2 components of the CNSS before the Supreme Court. One of the acts is one inherent in the Commander-in-Chief powers of the president which is the calling out powers. This power is vested upon the President alone as an act of lesser gravity with the act of declaring martial law. As cited in Villena, there are constitutional powers and prerogatives of the Chief Executive of the Nation which cannot be used by any other person either through ratification or approval because it must be exercised by him in person.
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Kulayan v. Tan, G. A plain reading of Section 18, Article VII of the Constitution shows that the President's power to declare martial law is not subject to any condition except for the requirements of actual invasion or rebellion and that public safety requires it. In Lagman v Medialdea the court ruled that even the recommendation of, or consultation with, the Secretary of National Defense, or other high-ranking military officials, is not a condition for the President to declare martial law. Therefore, it is only on the President and no other that the exercise of the powers of the Commander-in-Chief under Section 18, Article VII of the Constitution is bestowed.- Lagman v. Medialdea, G. Mayor X and his City Administrator, Y, are political buddies who assumed their respective offices in The loan agreement was duly executed in the same year but was never authorized and approved by the Sangguniang Panlungsod. It was further found that the same constituted a fraudulent scheme to defraud the City Government. In defense, Mayor X argued that his subsequent re- election in May absolved him from any administrative liability for any alleged anomalous activity during his first term in office. Y raised the same defense of condonation, having been retained by Mayor X as City Administrator for a second term. On December 10, , the Ombudsman rendered its ruling in the case, finding both Mayor X and Y administratively liable. Court of Appeals G. With the motions for reconsideration of Mayor X and Y having been denied by the Ombudsman on March 10, , they elevated the matter to the Court of Appeals. Can he validly invoke the condonation doctrine to absolve him of the charge?
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Although in Carpio-Morales v Court of Appeals abandoned the condonation doctrine, the Supreme Court also pronounced that such ruling may not be applied retroactively, for the reason that judicial decisions applying or interpreting the laws or the Constitution, until reversed, shall form part of the legal system of the Philippines. Considering that the acts of Mayor X were committed in , before the Carpio-Morales case, Mayor X can still validly invoke the condonation doctrine. Office of the Ombudsman v Vergara, G. Y, being the City Administrator, is an appointive official and can therefore not validly invoke the doctrine. Carpio-Morales v Court of Appeals, G. The unabated rise of criminality and the reported identification of delinquent children loitering in the wee hours of the night prompted City Z to implement a curfew ordinance.Political Law Suggested Answers | Territorial Waters | Terry Stop
Minors unaccompanied or unsuperAsed on the streets by their parents or guardians between P. These exceptions are: 1. The principle of parens patriae states that the State has the duty of protecting the rights of persons or individual who because of age or incapacity are in an unfavorable position. Thus, while parents have the primary role in child-rearing, it should be stressed that when actions concerning the child have a relation to the public welfare or the well-being of the child, the State may act to promote these legitimate interests in the exercise of its police power.PHILIPPINE BAR EXAMINATION QUESTIONS - CHAN ROBLES VIRTUAL LAW LIBRARY
Quezon City, G. The court in SPARK v Quezon City observed that the two ordinances are not narrowly drawn because the exceptions mentioned in the ordinances are inadequate insofar as it does not provide an exception for the right to association, free exercise of religion, rights to peaceably assemble, and of free expression among others. During the course of the trial, Mr. D filed a motion to dismiss for failure to prosecute the case for a reasonable length of time. Opposing the motion, the prosecution argued that its failure to present its witnesses was due to circumstances beyond its control. Eventually, the trial court dismissed the case with finality on the ground that Mr. D's right to speedy trial was violated. A month after, the same criminal case for Estafa was re-filed against Mr. D, prompting him to file a motion to dismiss invoking his right against double jeopardy.
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