Lawren

Single Subject Requirement  Lambino vs COMELEC G.R. No. 174153 October 25, 2006   FACTS: On 25 August 2006, Lambino et al filed a petition with the COMELEC to hold a plebiscite that will ratify their initiative petition to change the 1987 Constitution under Section 5(b) and (c)2 and Section 73 of Republic Act No. 6735 or the Initiative and Referendum Act. The Lambino Group alleged that their petition had the support of 6,327,952 individuals constituting at least twelve per centum (12%) of all registered voters, with each legislative district represented by at least three per centum (3%) of its registered voters. The Lambino Group also claimed that COMELEC election registrars had verified the signatures of the 6.3 million individuals. The Lambino Group’s initiative petition changes the 1987 Constitution by modifying Sections 1-7 of Article VI (Legislative Department) Sections 1-4 of Article VII (Executive Department) and by adding Article XVIII entitled “Transitory Pr...

Prefatory Statement: Last December 1 was the deadline for the filing of Certificate of Candidacies (COCs) for the 2010 Elections. In the end, a total of 99 filed their COCs for President. Among the lesser known presidentiables include someone called "Manok" (because apparently he can mimic a cock's crow), a six-star general, and a future "emperor of the world." Considering that we would be having automated elections next year and the list of all candidates are to be written in the ballots while voters are supposed to shade the circles corresponding to their choices, would all 99 candidates be included? No. Aside from disqualification petitions filed against the aspirants, the Comelec can also motu propio deny due course to the COCs. Aside from the qualifications set forth under the Constitution, a candidate should also have the capacity and resources to launch a national campaign.   Under the Constitution (Article II, Section 26), "the State shall gua...

Where there is ambiguity,  ratio legis est anima . The words of the Constitution should be interpreted in accordance with the intent of its framers. Article IX (B), Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries. Article 7, Section 13.  The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially intereste...

V erba legis , that is, wherever possible, the words used in the Constitution must be given their  ordinary meaning  except where technical terms are employed. ERNESTO B. FRANCISCO, JR. vs. THE HOUSE OF REPRESENTATIVES G.R. No. 160261. November 10, 2003. http://lapispapelatereyser.blogspot.com/2012/10/case-digest_9528.html FACTS: On July 22, 2002, the House of Representatives adopted a Resolution, sponsored by Representative Felix William D. Fuentebella, which directed the Committee on Justice "to conduct an investigation, in aid of legislation, on the manner of disbursements and expenditures by the Chief Justice of the Supreme Court of the Judiciary Development Fund (JDF)."   On June 2, 2003, former President Joseph E. Estrada filed an impeachment complaint against Chief Justice Hilario G. Davide Jr. and seven Associate Justices of this Court for "culpable violation of the Constitution, betrayal of the public trust and other high crimes." The complaint ...

Political Law has been defined as that branch of public law which deals with the organization and operation of the governmental organs of the State and define the relations of the state with the inhabitants of its territory (People vs. Perfecto, 43 Phil. 887, 897 [1922]). It may be recalled that political law embraces constitutional law, law of public corporations, administrative law including the law on public officers and elections. MACARIOLA V ASUNCION A.M. No. 133-J May 31, 1982 FACTS Reyes siblings (illegitimate heir and heirs from 2 nd marriage)   filed a complaint for partition against Macariola (heir from 1 st marriage), concerning the properties left by their common father, Francisco Reyes. Asuncion was the judge who rendered the decision, which became final for lack of an appeal. A project of partition was submitted to Judge Asuncion after the finality of the decision. This project of partition was only signed by the counsel of the parties, who assured the judge...

Political Law has been defined as that branch of public law which deals with the organization and operation of the governmental organs of the State and define the relations of the state with the inhabitants of its territory (People vs. Perfecto, 43 Phil. 887, 897 [1922]). It may be recalled that political law embraces constitutional law, law of public corporations, administrative law including the law on public officers and elections. People v. Perfecto  0 G.R. No. L-18463, October 4, 1922 "The important question is here squarely presented of whether article 256 of the Spanish Penal Code, punishing "Any person who, by . . . writing, shall defame, abuse, or insult any Minister of the Crown or other person in authority . . .," is still in force." public law: It is a general principle of the public law that on acquisition of territory the previous political relations of the ceded region are totally abrogated -- "political" being used to denominate the laws re...