Category: Political Law

— Constitutional Law, Political Law —

Municipality of San Juan v. CA G.R. No. 125183 September 29, 1997 Presumption of Validity of a Law

July 9, 2020

FACTS: In 1978, then President Ferdinand Marcos issued Proc. No. 1716 reserving for Municipal Government Center Site Purposes certain parcels of land of the public domain located in San Juan, Metro Manila. In 1986, President Corazon Aquino took the reigns of power under a revolutionary government. On March 24, 1986, she issued her historic Proclamation… Read More Municipality of San Juan v. CA G.R. No. 125183 September 29, 1997 Presumption of Validity of a Law

— Constitutional Law, Political Law —

Funa v. Agra G.R. No. 191644 February 19, 2013

April 28, 2020

FACTS: The petitioner alleges that President Gloria Macapagal-Arroyo appointed Agra as the Acting Secretary of Justice, and also designated Agra as the Acting Solicitor General in a concurrent capacity. Petitioner, in his capacity as a taxpayer, a concerned citizen and a lawyer, commenced this suit to challenge the constitutionality of Agra’s concurrent appointments or designations,… Read More Funa v. Agra G.R. No. 191644 February 19, 2013

— 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

February 29, 2020

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 —

Mercado v. Lopena G.R. No. 230170, June 06, 2018 Strategic Lawsuits Against Public Participation (SLAPP)

October 21, 2019

FACTS: This is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court, invoking the power of the Court “to promulgate rules concerning protection and enforcement of constitutional rights, to declare the cases filed by private respondents against petitioners as Strategic Lawsuits Against Public Participation (SLAPP) and therefore contrary to the… Read More Mercado v. Lopena G.R. No. 230170, June 06, 2018 Strategic Lawsuits Against Public Participation (SLAPP)

— Constitutional Law, International Law, Political Law —

Notes and Cases POLITICAL LAW AND PUBLIC INTERNATIONAL LAW Atty. EDWIN REY SANDOVAL

October 8, 2019

January 16 – July 28, 2017 August 6, 2017 April 20, 2018 POLITICAL LAW  THE  CONSTITUTION  The Doctrine of Constitutional Supremacy  Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into… Read More Notes and Cases POLITICAL LAW AND PUBLIC INTERNATIONAL LAW Atty. EDWIN REY SANDOVAL

— Constitutional Law, Political Law —

Manila Prince Hotel v. GSIS G.R. No. 122156 February 3, 1997 The Nature of the Constitution, Self-Executing and Not Self-Executing Provisions, National Patrimony

September 17, 2019

FACTS: Pursuant to the privatization program of the Government under Proclamation No. 50, GSIS decided to sell through public bidding 30% to 51% of the issued and outstanding shares of respondent Manila Hotel Corporation (MHC).  The winning bidder, or the eventual “strategic partner,” is to provide management expertise and/or an international marketing/reservation system, and financial… Read More Manila Prince Hotel v. GSIS G.R. No. 122156 February 3, 1997 The Nature of the Constitution, Self-Executing and Not Self-Executing Provisions, National Patrimony

— 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