B. THE BILL OF RIGHTS The Due Process Clause Discuss the Due Process Clause. Distinguish substantive due process from procedural due process. Held: Section 1 of the Bill of Rights lays down what is known as the “due process clause” of the Constitution. In order to fall within the aegis of… Read More Sandoval Notes – Political Law Part V Bill of Rights 1
The Executive Department What are the limitations on the veto power of the President? Held: The act of the Executive in vetoing the particular provisions is an exercise of a constitutionally vested power. But even as the Constitution grants the power, it also provides limitations to its exercise. The veto power is not… Read More Sandoval Notes – Political Law Part III Executive Department 1
To what types of appointments is Section 15, Article VII of the 1987 Constitution (prohibiting the President from making appointments two months before the next presidential elections and up to the end of his term) directed against? Held: Section 15, Article VII is directed against two types of appointments: (1) those made for buying… Read More Sandoval Notes – Political Law Part III Executive Department – Power of Appointment
The Power of Taxation Can taxes be subject to off-setting or compensation? Held: Taxes cannot be subject to compensation for the simple reason that the government and the taxpayer are not creditors and debtors of each other. There is a material distinction between a tax and debt. Debts are due to the Government… Read More Sandoval Notes – Political Law Part V Constitutional Law – Power of Taxation
Ma. Evelyn S. Abeja was a municipal mayor. She ran for reelection but lost. Before she vacated her office, though, she extended permanent appointments to fourteen new employees of the municipal government. The incoming mayor, upon assuming office, recalled said appointments contending that these were “midnight appointments” and, therefore, prohibited under Sec. 15, Art. VII… Read More Sandoval Notes – Political Law Part III Executive Department – Powers of the President
CONSTITUTIONAL LAW 122. What is the effect of declaration of unconstitutionality of a law? Illustrative case. Held: Respondents are seeking a reconsideration of the Court’s 25 January 2000 decision, wherein we declared section 8 of Republic Act No. 8551 (RA 8551) to be violative of petitioners’ constitutionally mandated right to security of tenure.… Read More Sandoval Notes – Political Law Part V Constitutional Law
The Judicial Department What are the requisites before the Court can exercise the power of judicial review? Held: 1. The time-tested standards for the exercise of judicial review are: (1) the existence of an appropriate case; (2) an interest personal and substantial by the party raising the constitutional question; (3) the plea that… Read More Sandoval Notes – Political Law Part IV The Judiciary
STRUCTURE OF GOVERNMENT The Doctrine of Separation of Powers May the Government, through the PCGG, validly bind itself to cause the dismissal of all cases against the Marcos heirs pending before the Sandiganbayan and other courts in a Compromise Agreement entered into between the former and the latter? Held: This is a… Read More Sandoval Notes – Political Law Part II
POLITICAL LAW Part 1 Distinguish sovereignty from dominion. Held: Sovereignty is the right to exercise the functions of a State to the exclusion of any other State. It is often referred to as the power of imperium, which is defined as the government authority possessed by the State. On the other hand, dominion,… Read More Sandoval Notes – Political Law Part I
FACTS: In response to reports of bomb threats, Rodolfo Yu, was on foot patrol with other police officers at Plaza Miranda. They chanced upon two groups of Muslim-looking men near the Mercury Drug Store. These men were acting suspiciously with their eyes moving very fast. Yu and his companions observed both groups for about thirty… Read More MALACAT y MANDAR v. CA and PEOPLE OF THE PHILIPPINES G.R. No. 123595. December 12, 1997 warrantless arrests, warrantless search, bill of rights, illegal possession of explosives