Category: Political Law

— Political Law —

Sandoval Notes – Political Law Bill of Rights Right against Unreasonable Searches and Seizures

October 6, 2017

The Right against Unreasonable Searches and Seizures   Discuss the constitutional requirement that a judge, in issuing a warrant of arrest, must determine probable cause “personally.” Distinguish determination of probable cause by the prosecutor and determination of probable cause by the judge.   Held: It must be stressed that the 1987 Constitution requires the judge… Read More Sandoval Notes – Political Law Bill of Rights Right against Unreasonable Searches and Seizures

— Political Law —

Sandoval Notes – Political Law Part III Executive Department 1

October 6, 2017

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

— Political Law —

Sandoval Notes – Political Law Part III Executive Department – Power of Appointment

October 6, 2017

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

— Political Law, Taxation —

Sandoval Notes – Political Law Part V Constitutional Law – Power of Taxation

October 6, 2017

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

— Political Law —

Sandoval Notes – Political Law Part III Executive Department – Powers of the President

October 6, 2017

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

— Political Law —

Sandoval Notes – Political Law Part V Constitutional Law

October 6, 2017

 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

— Political Law —

Sandoval Notes – Political Law Part IV The Judiciary

October 6, 2017

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