Documentos de Académico
Documentos de Profesional
Documentos de Cultura
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Legislative Power
Final copy of a bill which bears the signature of the Senate President,
the Speaker and the President of the Philippines and the certification
by the secretaries of both Houses that such bill was passed
The signing of a bill by the Speaker of the House and the Senate
President and the certification of the secretaries of both houses of
Congress that such bill was passed is conclusive of its due
enactment
10. Investigations in aid of legislation power of inquiry
Foreign relations
24. Elements of Presidential Communications Privilege
The power of supervision is the power to ensure that all laws are
faithfully executed. It is the power of an official to determine whether
or not the actions of his subordinates are legal or illegal.
33. Call out power
The President may call out the armed forces to prevent or suppress
lawless violence, invasion or rebellion
Martial law has no clear definition because it is defined on a case-tocase basis. It may be said that martial law is intensified police power.
The military is called to assist the police in keeping peace and order
in the country. The president as Commander in Chief may declare
martial law throughout the whole Philippines or a part thereof. Its
duration is limited to 60 days but it may be shortened or extended
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The Supreme Court has the power to control the execution of all the
punishments it provides. Once a sentence has been pronounced, the
Court may no longer amend or modify its decision but it still retains
its jurisdiction to execute and enforce its judgment.
Judicial fiscal autonomy
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ENUMERATIONS:
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Original
Derivative
Constituent
Amendatory
Limits on legislative power
Substantive
Procedural
To whom may legislative power be delegated
To local governments
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The penalty must not be left to the administrative agency but must
be provided for by the statute itself
Qualifications of a senator (5)
Registered voter
Guidelines for application of party list (7)
1. Political or sectoral party must represent the marginalized and
underrepresented groups
2. Political parties are allowed to participate but they must comply
with the declared statutory policy
Advocates violence
Foreign party
20% Composition
2% Threshold
3-seat limit
Proportional Representation
Qualifications of Party List nominee (6)
Registered voter
Total Members: 25
The standards that are used therefor are substantial and not
arbitrary
The law applies, all things being equal, to both present and future
conditions, and
Registered voter
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Officers of the armed forces from the rank of colonel or naval captain
Pardon
Commutations
Reprieves
Amnesty
Constitutional limits on executive clemency
1 Chief Justice
14 Associate Justices
27. What is the role of the legislature in the judicial process (2)
All cases which under the rules of Court should be decided en banc
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When he can show that he has sustained or will sustain direct injury
from the implementation of the statute
Must have been a judge of a lower court or have been practicing law
for at least 15 years
Secretary of Justice
Representative of Congress
Professor of Law
To inform the person reading the decision and the parties of how the
decision was reached by the courts and after consideration of the
pertinent facts and examination of the applicable laws
To give the losing party the opportunity to analyze the decision and
possibly appeal or convince the losing party to accept the decision
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DATES/TIME ELAPSE/NUMBERS:
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20. No special election shall be called if the vacancy occurs within 18months
before the date of the next presidential election
21. Within 5days of presidents response, cabinet must transmit with
congress saying otherwise. Then if thats the case, congress within
48hours shall convene
22. After receipt of the written declaration, congress shall convene within 10
or 12days to decide if president is fit or unfit
23. Appointments by acting president may be revoked by the elected
president within 90days from his assumption of office
24. 2months before the next presidential elections, presidents may not make
appointments, except for temporary appointments
25. President may suspend the privilege of the writ of habeas corpus for not
more than 60days
26. Within 48hours of such suspension or declaration of martial law, the
president shall appear personally or in writing before congress to submit
a report
27. Martial law: if not in session, shall convene within 24hours
28. Any citizen filing a case with regards to martial law must be given a
decision within 30days from its filing
29. No person, during the suspension of the privilege, detained shall be
judicially charged within 3days or else released
30. The monetary boards shall within 30days from the end of every quarter
of the calendar year submit a complete report to congress
31. No treaty or international agreement shall be valid and effective unless
concurred in by at least 2/3 of all member of congress
32. The president shall submit to congress within 30days from the opening of
every regular session the general appropriations bill
33. Any vacancy in the supreme court shall be filled within 90days
34. 3 votes minimum in supreme court cases
35. Temporary assignment of judges of lower courts to stations for public
interest shall not be more than 6months without the consent of the judge
36. Regular members of the judicial bar council shall be 4 years
37. Members of the supreme court and the lower court shall be chosen by
the president from a list of 3 nominees given by the judicial bar council
38. The president shall issue such appointments within 90days from the
submission of the list
39. Judges can hold office until 70years old
40. All decisions of the supreme court must be made within 24months, lower
collegiate courts within 12months, and lower trial courts within 3months