Magallona:
Quiambao:
Territorial waters [12 nautical miles from the
baselines],
Contiguous zone [24 nautical miles from the
baselines],
Exclusive economic zone [200 nautical miles from
the baselines]), and continental shelves that
UNCLOS III delimits.
Lambino:
In California where the initiative clause allows amendments
but not revisions to the constitution just like in our
Constitution, courts have developed a two-part test: the
quantitative test and the qualitative test. The quantitative test
asks whether the proposed change is "so extensive in its
provisions as to change directly the 'substantial entirety' of
the constitution by the deletion or alteration of numerous
existing provisions." The court examines only the number of
provisions affected and does not consider the degree of the
change.
The qualitative test inquires into the qualitative effects of
the proposed change in the constitution. The main inquiry
is whether the change will "accomplish such far reaching
changes in the nature of our basic governmental plan as to
amount to a revision." Whether there is an alteration in the
structure of government is a proper subject of inquiry. Thus, "a
change in the nature of [the] basic governmental plan"
includes "change in its fundamental framework or the
fundamental powers of its Branches." A change in the nature
of the basic governmental plan also includes changes that
"jeopardize the traditional form of government and the system
of check and balances."[
Imbong:
Due Process: A statute or act suffers from the defect of
vagueness when it lacks comprehensible standards that men of
common intelligence must necessarily guess its meaning and
differ as to its application. It is repugnant to the Constitution in
two respects: (1) it violates due process for failure to accord
persons especially the parties targeted by it, fair notice of the
conduct to avoid; and (2) it leaves law enforcers unbridled
discretion in carrying out its provisions and becomes an
arbitrary flexing of the Government muscle.
Equal Protection: The test has four requisites: (1) The
classification rests on substantial distinctions; (2) It is germane
to the purpose of the law; (3) It is not limited to existing
conditions only; and (4) It applies equally to all members of
the same class.
BT Talong: Precautionary Principle
The liberality of the law can never be extended to the unworthy and
undeserving. In several instances, the policy of social justice has
compelled this Court to accord financial assistance in the form of
separation pay to a legally terminated employee. This liberality,
however, is not without limitations. Thus, when the manner and
circumstances by which the employee committed the act constituting
the ground for his dismissal show his perversity or depravity, no
sympathy or mercy of the law can be invoked.
Sema:
Thus, the creation of any of the four local government units
province, city, municipality or barangay must comply with
three conditions. First, the creation of a local government unit
must follow the criteria fixed in the Local Government Code.
Second, such creation must not conflict with any provision of
the Constitution. Third, there must be a plebiscite in the
political units affected.
Emita:
(2) Population or land area - Population which shall
not be less than two hundred fifty thousand (250,000)
inhabitants, as certified by National Statistics Office;
or land area which must be contiguous with an area of
at least two thousand (2,000) square kilometers, as
certified by LMB. The territory need not be contiguous
if it comprises two (2) or more islands or is separated
by a chartered city or cities which do not contribute to
the income of the province. The land area
requirement shall not apply where the proposed
province is composed of one (1) or more islands.
The territorial jurisdiction of a province sought to be
created shall be properly identified by metes and
bounds.
"Gerrymandering" is a term employed to describe an
apportionment of representative districts so contrived as to
give an unfair advantage to the party in power; formation of
one legislative district out of separate territories for the
purpose of favoring a candidate or a party.
Bagabuyo:
No, a plebiscite is not required in the case at bar. RA
9371 merely increased the representation of Cagayan
de Oro City in the House of Representatives and
Sangguniang Panglungsod pursuant to Section 5,
Article VI of the 1987 Constitution; the criteria
established under Section 10, Article X of the 1987
Constitution only apply when there is a creation,
division, merger, abolition or substantial alteration of
boundaries of a province, city, municipality, or
barangay; in this case, no such creation, division,
merger, abolition or alteration of boundaries of a local
government unit took place; and R.A. No. 9371 did not
bring about any change in Cagayan de Oros territory,
population and income classification; hence, no
plebiscite is required. What happened here was a
reapportionment of a single legislative district into two
legislative districts. Reapportionment is the
realignment or change in legislative districts brought
about by changes in population and mandated by the
constitutional requirement of equality of
representation.
Pichay:
Accordingly, we cannot distinguish Pichay's criminal liability
from the others' criminal liability only because he was the
president of the company that published the libelous articles
instead of being their author. Pichay's criminal liability was
the same as that of the others, such that he was even meted the
same penalty as that imposed on the author of the libelous
articles. -Contrary to Pichay's argument, the imposition of a
fine does not determine whether the crime involves moral
turpitude or not. In Villaber v. Commission on Elections, we
held that a crime still involves moral turpitude even if the
penalty of imprisonment imposed is reduced to a fine.
Paglaum:
Three different groups may participate in the party-list system:
(1) national parties or organizations, (2) regional parties or
organizations, and (3) sectoral parties or organizations
Republic Act No. 7941 clearly deprived the partylist
organization of the right to change its nominees or to alter the
order of nominees once the list is submitted to the
COMELEC, except for three (3) enumerated instances such as
when: (a) the nominee dies; (b) the nominee withdraws in
writing his nomination; or (c) the nominee becomes
incapacitated.
. The Doctrine of Operative Fact, which recognizes the legal
effects of an act prior to it being declared as unconstitutional
by the Supreme Court, is applicable.
Macalintal:
The present Constitution has allocated to the
Supreme Court, in conjunction with latters
exercise of judicial power inherent in all courts,
the task of deciding presidential and vice-
presidential election contests, with full
authority in the exercise thereof. The power
wielded by PET is a derivative of the plenary
judicial power allocated to courts of law,
expressly provided in the Constitution.
The PET is not simply an agency to which
Members of the Court were designated. Once
again, the PET, as intended by the framers of
the Constitution, is to be an
institutionindependent, but not separate, from
the judicial department, i.e., the Supreme
Court.
Pardon:
A pardon reaches both the punishment prescribed for the
offense and the guilt of the offender; and when the pardon is
full, it releases the punishment and blots out of existence the
guilt, so that in the eye of the law the offender is as innocent
as if he had never committed the offense. If granted before
conviction, it prevents any of the penalties and disabilities,
consequent upon conviction, from attaching; if granted after
conviction, it removes the penalties and disabilities and
restores him to all his civil rights; it makes him, as it were, a
new man, and gives him a new credit and capacity. But unless
expressly grounded on the persons innocence (which is rare),
it cannot bring back lost reputation for honesty, integrity and
fair dealing.
A pardon looks to the future. It is not retrospective. It makes
no amends for the past. It affords no relief for what has been
suffered by the offender. It does not impose upon the
government any obligation to make reparation for what has
been suffered.
The pardon granted to petitioner has resulted in removing her
disqualification from holding public employment but it cannot
go beyond that. To regain her former post as assistant city
treasurer, she must re-apply and undergo the usual procedure
required for a new appointment.
Martial Law:
Namely (1) actual invasion or rebellion, and (2) public safety
requires the exercise of such power."170 Without the
concurrence of the two conditions, the President's declaration
of martial law and/or suspension of the privilege of the writ of
habeas corpus must be struck down.
As a general rule, publication is indispensable in order that all
statutes, including administrative rules that are intended to
enforce or implement existing laws, attain binding force and
effect. There are, however, several exceptions to the
requirement of publication, such as interpretative regulations
and those merely internal in nature, which regulate only the
personnel of the administrative agency and not the public.
Neither is publication required of the so-called letters of
instructions issued by administrative superiors concerning the
rules or guidelines to be followed by their subordinates in the
performance of their duties.29
Exhaustion of Admin Remedy:
When there is a violation of due process
When the issue involved is purely a legal question
When the administrative action is patently illegal amounting
to lack or excess of jurisdiction
When there is estoppel on the part of the administrative
agency concerned
When there is irreparable injury
When the respondent is a department secretary whose acts
as an alter ego of the President bears the implied and
assumed approval of the latter
When to require exhaustion of administrative remedies
would be unreasonable
When it would amount to a nullification of a claim
When the subject matter is a private land in land case
proceedings
When the rule does not provide a plain, speedy and
adequate remedy

When there are circumstances indicating the urgency of

judicial intervention

Funa v. Duque

Undoubtedly, the GSIS, PHILHEALTH, ECC and HDMF and

the members of their respective governing Boards are under
the control of the President. As such, the CSC Chairman
cannot be a member of a government entity that is under the
control of the President without impairing the independence
vested in the CSC by the 1987 Constitution.