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To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
COMPILED BY ATTY. RAL CASABAR
POLITICAL LAW 2
Justice Presbitero J. Velasco, Jr. (2006-2016)
3. Those whose fathers are citizens of the Philippines.
4. Those whose mothers are citizens of the Philippines and,
upon reaching the age of majority, elect Philippine
citizenship.
5. Those who are naturalized in accordance with law.
The term "natural-born" Filipino does not even appear in the
above-quoted provision. This Court, however, has construed
the term to refer to those falling under items one to four of
the section, as opposed to those who underwent
naturalization under item number 5. But Sen. Poe was not
born before the adoption of the 1935 Constitution so that the
first item is inapplicable. That being said, her status as a
foundling does not foreclose the likelihood that either or
both of her biological parents were Filipinos rendering her a
natural-born Filipino under items 3 and/or 4 of Section 1,
Article IV of the 1935 Constitution.
Indeed, while it is not denied that Sen. Poe was abandoned
by her biological parents, her abandonment on the date and
specific place above indicated does not obliterate the fact
that she had biological parents and the private respondents
had not shown any proof that they were not Filipino citizens.
Section 1, Rule 131 of the Rules of Court provides that the
burden of proof is the duty of a party to prove the truth of his
claim or defense, or any fact in issue by the amount of
evidence required by law.
G.R. No. 195580
Four instances where courts can decide an otherwise moot
case, thus:
1.) There is a grave violation of the Constitution;
2.) The exceptional character of the situation and paramount
public interest is involved;
3.) When constitutional issue raised requires formulation of
controlling principles to guide the bench, the bar, and the
public; and
4.) The case is capable of repetition yet evading review.
G.R. No. 195580
and at least sixty percent (60%) of the fund will accrue to the
benefit of Philippine nationals: Provided, That were a
corporation and its non-Filipino stockholders own stocks in a
Securities and Exchange Commission (SEC) registered
enterprise, at least sixty percent (60%) of the capital stock
outstanding and entitled to vote of each of both corporations
must be owned and held by citizens of the Philippines and at
least sixty percent (60%) of the members of the Board of
Directors, in order that the corporation shall be considered a
Philippine national.
G.R. No. 195580
The fi st ase is the li e al ule , o the Co t ol Test
pertaining to the portion in 1967 SEC Rules which states,
s ha es elo gi g to o po atio s o pa t e ships at least
60% of the capital of which is owned by Filipino citizens shall
e o side ed as of Philippi e atio alit . U de the test,
there is no need to further trace the ownership of the 60%
(or more) Filipino stockholdings of the Investing Corporation
since a corporation which is at least 60% Filipino-owned is
considered as Filipino.
The second case is the Strict Rule or the Grandfather Rule
Proper which states, "but if the percentage of Filipino
ownership in the corporation or partnership is less than 60%,
only the number of shares corresponding to such percentage
shall be counted as of Philippine nationality." Under the Strict
Rule or Grandfather Rule Proper, the combined totals in the
Investing Corporation and the Investee Corporation must be
traced (i.e., "grandfathered") to determine the total
percentage of Filipino ownership.
Moreover, the ultimate Filipino ownership of the shares must
first be traced to the level of the Investing Corporation and
added to the shares directly owned in the Investee
Corporation.
G.R. No. 195580
The "control test" is still the prevailing mode of determining
whether or not a corporation is a Filipino corporation, within
the ambit of Sec. 2, Art. II of the 1987 Constitution, entitled
to undertake the exploration, development and utilization of
the natural resources of the Philippines. When in the mind of
the Court there is doubt, based on the attendant facts and
circumstances of the case, in the 60-40 Filipino-equity
ownership in the corporation, then it may apply the
"grandfather rule."
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
COMPILED BY ATTY. RAL CASABAR
POLITICAL LAW 3
Justice Presbitero J. Velasco, Jr. (2006-2016)
undertake such activities, or it may enter into co-production,
joint venture or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per
centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and
under such terms and conditions as may be provided by law.
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The President may enter into agreements with Foreignowned corporations involving either technical or financial
assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by
law, based on real contributions to the economic growth and
general welfare of the country. In such agreements, the State
shall promote the development and use of local scientific and
technical resources.
G.R. No. 195615
SECTION 1. No person shall be deprived of life, liberty or
property without due process of law, nor shall any person be
denied the equal protection of the laws.
G.R. No. 195615
Rule 39 of the Rules of Court:
SECTION 8. Issuance, form, and contents of a writ of
execution. The writ of execution shall: (1) issue in the name
of the Republic of the Philippines from the court which
granted the motion; (2) state the name of the court, the case
number and title, the dispositive part of the subject judgment
or order; and (3) require the sheriff or other proper officer to
whom it is directed to enforce the writ according to its terms,
in the manner hereinafter provided:
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
COMPILED BY ATTY. RAL CASABAR
POLITICAL LAW 4
Justice Presbitero J. Velasco, Jr. (2006-2016)
enumerates the persons who shall undergo drug testing in
accordance with the school rules or company's work rules.
Sec. 94 of RA 9165 charges the Dangerous Drugs Board to
issue the IRR necessary to enforce the law. In net effect then,
the participation of schools and offices in the drug testing
scheme shall always be subject to the IRR.
another branch.
A.C. No. 7399
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
COMPILED BY ATTY. RAL CASABAR
POLITICAL LAW 5
Justice Presbitero J. Velasco, Jr. (2006-2016)
produce, and particularly describing the place to be searched
and the persons or things to be seized.
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
COMPILED BY ATTY. RAL CASABAR
POLITICAL LAW 6
Justice Presbitero J. Velasco, Jr. (2006-2016)
uneven terms of office of the first set of commissioners, shall
always be for a fixed term of seven (7) years; an appointment
for a lesser period is void and unconstitutional.
(1) that the official concerned has been elected for three
consecutive terms in the same local government post; and
Capco was then elected and served as mayor for terms 19921995 and 1995-1998. When Capco expressed his intention to
run again for the mayoralty position during the 1998
elections, Borja, Jr., who was then also a candidate for
a o , sought Cap o s dis ualifi atio fo iolatio of the
three-term limit rule.
There was no violation of the three-term limit, for Capco
"was not elected to the office of the mayor in the first term
but simply found himself thrust into it by operation of law"
when a permanent vacancy occurred in that office.
G.R. No. 201716
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
COMPILED BY ATTY. RAL CASABAR
POLITICAL LAW 7
Justice Presbitero J. Velasco, Jr. (2006-2016)
G.R. No. 201716
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
COMPILED BY ATTY. RAL CASABAR
POLITICAL LAW 8
Justice Presbitero J. Velasco, Jr. (2006-2016)
G.R. No. 159618
In general, eminent domain is defined as "the power of the
nation or a sovereign state to take, or to authorize the taking
of, p i ate p ope t fo a pu li use ithout the o e s
consent, conditioned upon payment of just compensation." It
is acknowledged as "an inherent political right, founded on a
common necessity and interest of appropriating the property
of individual members of the community to the great
necessities of the whole community."
G.R. No. 150640
The exercise of the power of eminent domain is constrained
by two constitutional provisions: (1) that private property
shall not be taken for public use without just compensation
under Article III (Bill of Rights), Section 9 and (2) that no
person shall be deprived of his/her life, liberty, or property
without due process of law under Art. III, Sec. 1.
G.R. No. 150640
The public nature of the prospective exercise of
expropriation cannot depend on the "numerical count of
those to be served or the smallness or largeness of the
community to be benefited." The number of people is not
determinative of whether or not it constitutes public use,
provided the use is exercisable in common and is not limited
to particular individuals.
G.R. No. 159618
Locus standi is "a right of appearance in a court of justice on
a gi e uestio ." Spe ifi all , it is "a pa t s pe so al a d
substantial interest in a case where he has sustained or will
sustain direct injury as a result"
G.R. No. 159618
Locus standi, however, is merely a matter of procedure and it
has been recognized that, in some cases, suits are not
brought by parties who have been personally injured by the
operation of a law or any other government act, but by
concerned citizens, taxpayers, or voters who actually sue in
the public interest.
G.R. No. 159618
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
COMPILED BY ATTY. RAL CASABAR
POLITICAL LAW 9
Justice Presbitero J. Velasco, Jr. (2006-2016)
or
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
COMPILED BY ATTY. RAL CASABAR