Beruflich Dokumente
Kultur Dokumente
2
They went to the comelec to question the qualification. That enables the secretary to view the tax laws / ordinances passed
by sandigan, him questions such power to review
The Comelec said that she is not a natural born Filipino and even if
she is, she failed to compiled with the amount of years required as
to the residency. She is short of two months.
Review powers of the secretary of justice of the tax ordinances made
- The supreme court said that she is a natural born citizen and she by LGU constitutes merely supervision or control. Supervision
met the requirements of residency. rather than control.
- Q; what is the basis of justice perez?
- A: there is nothing in the 1935 constitution states that foundling Martial law safeguard
are not considered as natural born 1. It can only be declared when there is actual rebellion or inflation,
when public safety requires it.
- Born out nationals of the country where they were found, based 2. The president must report to congress within 48 hours.
on a international law on foundlings. 3. A limit of 60 days without extension coming from the congress
- The argument of the OSG: that it grace poe’s natural born would automatically lapse.
citizenship is demonstrable. Statistics wise, it was 99% 4. When congress convenes, congress can limit or totally revoke
probability that the parents of her are Filipino in Iloilo the declaration
- CJS look at the rich law regarding adoption. Following the 5. Any citizen can fila a petition to the SC questioning the factual
adoption law. Only Filipino citizens can be subject of adoption.
basis of the declaration of martial law.
Since she was able to be adopted means she is infact a Filipino.
6. Does not suspend the operation of the Constitution
PRESIDENTIAL IMMUNITY
7. Does not suspend the operation of the civil courts
-immunity of the president from suits. Civil and criminal charges.
8. The suspension of the privilege does not necessitate the
Public convince/ public policy is a ground of immunity of the declaration of martial law
president from suits.
9. The military courts do not have jurisdiction over the civilians
10. Those arrested while in martial law must be charged in court
Writ of Amparo : a legal remedy within 3 days or they should be released.
If the president declares martial law is it incumbent for the congress
to convene? No. Congress will only convene if it has the intention
The JBC is in charge of providing the president of list of nominees to revoke but if it agrees to the declaration of martial law then theres
Supervisor’s power- if and when the subordinate acts in such a way no need for the reconvening of the congress.
exceeded his authority, the
Drilon v Lim- wherein lim questioned the constitutionality What is the difference between amnesty and Pardon?
3
Pardoning power Kinds of Pardon:
Why is pardon given to the president? What is the power to give out 1) Absolute Pardon- theres no need for acceptance, it becomes
pardon by the president? effective because it is the most beneficial aspect for the convict
to get out of jail. No condition.
Q: discuss the extent of the power of the president to give pardon.
2) Conditional- no force until accepted.
A: aside it being an act of grace. The constitution gives the power to the
president to give out pardon because: Is the power of the president to issue pardon absolute?
1) Pardon is a recognition that congress may pass harsh laws A: No. there are certain limitation on the power of the president to grant
pardon.
2) It a recognition that the judiciary is imperfect, that it may convict an
innocent man. (imperfection of the judicial system)
- That is why the executive given the power to relieve a person 1) The person should be convicted of final judgment
from a particular punishment., for check and balance purposes. 2) Cannot give to someone who is impeached
That is the extent of why pardoning power if given to the
executive. 3) Cannot be given without the favorable recommendation of the
comelec
3) A form of check and balance.
Can you give out pardon to administrative case? Yes, because
DIFFERENT KINDS OF EXECUTIVE CLEMANSIES that particular power is not only limited to criminal but also to
1) Pardon- an act of grace by relieving the person from his criminal administrative offenses.
liability the crime committed. Looks forward, it does not remove
that you’ve committed a crime. Just removes the penalty imposed
upon you for the commission of a crime. You are excused from the Can a president pardon a disbarred lawyer? No. Because it is
liability. Afforded to individuals not charged of political crimes. within the Jurisdiction of the SC, only the supreme court can
determine who can practice law in the Philippines
2) Personal act of the president thus it must be proven. Does not require
the concurrence of the congress. - If the violation is moral turpitude the president can pardon the
criminal aspect and the pardoned person can go to the supreme
3) Commutation- reduction of the penalty already imposed. court to say “I’m already pardoned, so you cab reinstate me
4) Reprieve – postponement of penalty to another date. already but still dependent upon the SC to grant that particular
request or not.
5) Parole- suspension of sentence after serving the minimum penalty
When a case is already declared final and executory, can the SC
6) Amnesty- looks backward, it obliterates the crime, as if it did not
deprive of the jurisdiction from acting upon certain measures and
happen at all, afforded to a group of individuals. No crime, no
its just the president’s call?
criminal. Persons charged of political crimes. Public act of the
President which is subject to judicial review. Requires the A: No. final and executory case means that the court has finally
concurrence of the congress. lost its jurisdiction over the case.
For you to enjoy amnesty, do you need to confess your guilt? Yes. Head of State v Head of government
4
Head of State- is the representative of the state in international
engagements
Judicial supremacy- merely correcting branches of government
Head of government a\- is in charge of the day-to-day to conform to what the constitution is saying.
administration.
Diplomatic power- the president acts as a head of state, Judicial superiority- it means that the judicial department is
represents the country internationally. superior compared to the Congress and Executive Department.
Treaties – a national agreement, needs to be ratified by the senate Judicial Review- judicial supremacy is being exercised. You give
weight to what the constitution says.
What is jurisdiction? It the power of the court to hear, try and General Rule: Courts are passive in nature, they have a passive
decide a case. power. Meaning they wont act unless and until you invoke them.
Courts of first level – courts of limited jurisdiction. The kinds of Requisites to Judicial Review:
case that they can handle are limited to an enumeration provided 1. There must be an actual case and controversy
for by law.
2. the parties to the case must have legal standing lo locus standi
As oppose to a court of general jurisdiction- can entertain almost
all kinds of cases. 3. the issue must me raised at the earliest possible time