THE FRATERNAL ORDER OF UTOPIA ‘TENEO DE MANILA UNIVERSITY SCHOOL OF LAW SINCE 1964 “For tomorrow shall cast a myriad of mighty storms that only those with firm determination and Utopian vision do survive.” What are the requisites for the valid exercise of Police Power? 1. Lawful Subject - The interests of the public, generally, as distinguished from those of 2 particular class, require such Interference and that the subject of the measure is within the scope of the police power. (Ichong v. Hernandez, G.R. No. L-7995) 2. Lawful Means - The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. (National Development 3ee7 UT - 0a It is @ tax saving device within the means|It is a scheme used outside of those ‘sanctioned by law. This method should be used | lawful means and when availed of, it by the taxpayer in good faith and at arms | usually subjects the taxpayer to further length. or additional civil or criminal liabilities. (GIR v. Estate of Benigno Toda, G.R. No, 147188) Page 1 of 8THE FRATERNAL ORDER OF UTOPIA Political Law Tips Bar Operations 2022 What is the tax treatment when it comes to different types of educational institutions? Tax Non-stock, non-profit educational Proprietary educational institution institution 135 years of age on of the election. election. (PHIL CONST., Art. VU, Sec. 2) Page 2 of 8 For Party-list Representative: A bona-fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election. (Party-List System Act, Sec. 9)THE FRATERNAL ORDER OF UTOPIA Political Law Tips Bar Operations 2022 = Is preventive suspension an interruption of a term of an elective official? ffice although he is barred from exercising the suspension period. The best indicator bsence of a permanent replacement and exists. (Aldovino v. COMELEC, G.R. No. The suspended official continues to stay in o the functions and prerogatives of the office within of the suspended official’s continuity in office is the at the lack of the authority to appoint one since no vacancy No, 184836) = 7 What are the requisites for {he proper invocation of Executive privilege? | ] 1. The ‘protected communication, must relates presidential power; — = The communication must be authored or solicited and recel the president or the President himself, The judicial testis that an advis perational proximity with the President 2 Se : one ora Showing of compéllig ned that would justify thejlimitation of the privilege and the unavajabllty. of the-information elsewhere by an’ appropriate investigating authority. age ‘Committee on Accountability of Pyblic Officers toi quintessential and non-delegable ived by a close advisor of or must be in apd Investigations GRA 10643) 9 What ig the rule governing nidnight appoint d itsexceptions? oye oer s ‘Two (2)|months immediel Before the next-preSidential elections afd |UB\to the end of his term, a] President or Acti9g| President, shall not pak appgintyents, eXgept temporary appointments to-exedutive, positions»when continued vacandes therein will prejudice public service or endanger publi¢ safety- However, this prohibition jis limited only to appointments in the Executive Department, with fo prohibition existing for the judiciary. (De Castro v. JBC, Pe ne G.R. No, 191002)" ? EAQaRT ET ra What isthe diference between Ad) Interim and Acting Appointment? as yet | —— T, 5 Vag interim Appointment ‘Acting Appoinimént pent in-cheracter until “Ti It is temporany in nature and is @ disapproged}bysthe Commission on stop-gap. intended to fill adjournment an-office, fo ited time until of a permanent 2 Eo the Commission \ occupa ‘the office; ‘on Appointments for confirmation of =ThEse are not submitted to the rejection; and oe Commission on Appointments. 3. These appointments are extended only ‘Acting appointments are a way of 0 UT - (oak oat (y" important 3. They may be extended any time there is a vacancy. (Pimentel vs. Ermita, G.R. No. 164978) When may Congress grant the President emergency powers? . There must be a war or other emergency; 1 2. The delegation must be fora limited period only; |. The del The delegation must be subject to such restrictions as the Congress may prescribe; Page 3 of 8THE FRATERNAL ORDER OF UTOPIA Political Law Tips Bar Operations 2022 ‘The emergency powers must be exercised to carry out a national policy, as declared by Congress. (David v. Arroyo, G.R. No. 171396) What is the operative fact doctrine? It recognizes the existence and validity of @ legal provision prior to its being declared as unconstitutional and hence, legitimizes otherwise invalid acts done pursuant thereto because of considerations of practicality and faimess. (Film Development Council v. Oriente Group of Theaters, G.R. No. 203754) 203754) ge What are the'groimds forthe Void-1or-Vaguenéss)Doctrine? \ 4 ‘AY 1. Tt violates due process for failure to accord persOfs, especially the parties targeted by IE falrnotice of what conduct to avoid;and = oe ne et Macare an unbridled discretion in carrying out its provisions and Te leaves (a enforcer “flexing. ofthe government -muscle—(Romualdez v. Sonciganbayan, GAR. NO. 152259) nS are” a 5 , In the furtherance of Governmental purpose; the means.employed sweep unnecessarily broad and thereby invade the area Ghprotected freedom. It has @ special application only to free speech cases. (Estrada) vy, Sandlganayen, GR. ‘No. 148560) © hat isthe overifgadth Doctrine? ney = Differentiate amongiClear and Present Dangef rest" terest Test, and the Dangerous Tendency Test. , /p 4 t a Of Ly, . | Bangerous Tendency Clearjand Piésent Danger lancingcof Interes There Is substantial danger] Used as a standard when Rermits limitations oh speech that the $pedch.will likely Jead courts, need to balance] ance a rational connection to an evil the government fias| conflicting social values) has been‘ _established 2 right to prevent, “This! rule | and” individual interests, | between - the / speech requires that, the evil and requires a conscious |trestrainéd and the danger Sought "tombe | and detailed consideration | contemplated, must~ __ be | ofthe interplay of interests “ observable in a given |= What are valid warrantless 1 Sete oF Fe idéfit To & Ls st (Ri je > >. 13); tee IT = OT ZO 3. Search Of. fovinig ide; 4. Consented warrantless search (Caballes v. CA, G.R. No. 136292); 5. Customs search (Padilla v. CA, G.R. No. 121917); 6. Stop and Frisk (Malacat v. CA, G.R. No. 123595); and 7. Emergency and Exigent Circumstances. (People v. De Gracia, G.R. No. 102009-10) Page 4 of 8THE FRATERNAL ORDER OF UTOPIA Political Law Tips Bar Operations 2022 May information from a confidential informant be the sole basis for a finding of probable cause for warrantless searches and seizures? No, Law enforcers cannot act solely on the basis of confidential or tipped information. A tip is still hearsay no matter how reliable it may be. It is not sufficient to constitute probable cause in the absence of any other circumstance that will arouse suspicion. (People v. Sapla, G.R- No. 244045) nd Local T=An ordinanee!is enacted 2. The taking is for public us or welfare, of for the,be ppoot and the landless; Payment of jusbeompen Valid,.and definite offer) f ANY public use must sneficial enjoyment of tHe property aha. Ls 20620) statements that the rule begins Differentiate between the right to a speedy trial and right to speedy disposition of ———B Dded UT sO dosdalrese Te may only be invoked in criminal prosecutions [If cases may be invoked before any against courts of law. tribunal, whether judicial or quasi- Judicial. Accused must already be prejudiced by the proceeding for the right to be invoked. (Catamco v. Sandiganbayan, G.R. No. 243560-62) Page 5 of 8THE it May anjaccused be:charged by both an ordinance and a statute arising from the j same ai No. The constitu have ari Disting} and Wi hy fo ~ ithtion dl cs facainst'Gouble jeapardyis avaliable so long as the acts which have givenyriselto the first offense under the ordinance are the same acts which to the, offenses charged undepthe statutel(PEople v. ne R. No. L-45129) among the Wit of Habeas erp wo Ampato, i of Kallkasan, Rpisas Data. ‘a eS ; Grounds ¢ wet rh | 2. Rightful custady of any person is withheld from the person entitled 1. There exist a\case of illegal confinement or detention where 2 person is deprived of his or her liberty; or Do theretoa(RoC, Rule 102, Sec.1) yg writ The violation arises from an unlawful act orsoffissionjof a public Amparo, reer ‘or employee,-or-of a private indivi ity; and sshall cover Seen ce lisappearances en No, 07-09-12-SC) ans woe fhe We eyed ser gg o csi rtien. Writ of orem rivate individ 5 eng; and Kalikasan Jon i rt F will lea rental damage of p itu préfudica phe, 1 ‘or property of 1. Atlshdehreate gaa constiutional right t0 @ balanced andt Foe) yi 2, The vation sas from an unlawful act or omission of a public innabfants in two or more cies or provinces, (International Service v. Greenpeace, G.R. No. 209271) Data Writ of Habeas 1. It Is a remedy avallable whose right to privacy in life, liberty or security is violated or threatened; and 2. The violation arises from an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. (Vivares v. STC, G.R. No. 202666) Page 6 of 8TH a who are considered as Filipino Citizens? citizenship ‘upon reaching 4. Those who are ean a E FRATERNAL orp) P : Political Law Tips Bar Operations 2022 of majority; and ‘naturalized in accordance with law. (PHIL CONST. Art IV. Sec. 1) Distinguish,between-an-Election Protes it eas om and a Quo Warranto, procendis- ti Election Protest [ D7 Quo Warranto!\ winning cani fates based on grounds office. “er Strictly @ contest between the defeated-and election frauds or~irregularities~as~to~ who actually obtained the majority of the’ legal votes and therefore’ is jentitled to iigld the Refers to questions of disloyalty oF ineligibility of the public official or franchise holder.-It-is'@ proceeding to unseat the incligibleeperson”tromiiotfiee, but not to install the protestantin place. of ibaa GE 1x iF Can only be filed bya candidate who has duly filed a certificate of candidacy and has. been’ ‘Cap be filed-by any voter. seated|in the office/vacated. » ‘ar a z co ppm Peers 4 \ : ct] wank TC Distinguish between amendments,and revisions to the Constitution. (okIn-y, COMELEC, GR: "i 17943132) revision Re~sul ’ TL» Revision a Definitign [males a change what alters a | Refers to a Change that adds, reduces, or basic principle in the Constitution, | deletes, without. altering fthe basic ike “altering the principle of | principle involved. Generalifi affects only powers—or the f checks and balances. - a if the specific provision.” How proposed | upon a vote of % oj How members or a Constitutional 2022 UT , MayesB proposed directly by Congress, upon a vote of % of all its members; or 2. Through cor calling of a nd) Edpvention — which s the vote of % of all members of Congress, 3. May also be proposed by the people through initiative upon petition of at least 12% of total number of registered voters, of which every legislative district must be represented by at least 3% of the ratified revision, Ratified by a majority of votes cast in plebiscite after approval of registered voters therein. Ratified by a majority of votes cast in plebiscite after approval of amendment by Congress. Page 7 of 8 =‘Amendments proposed through people's initiative shall be ratified by majority of votes cast in plebiscite after certification by Commission of Elections. (Lambino v. COMELEC, GR. No. 174153) What are the sources of International Law? 1, Ipternational conventions, whether general or particular, establishing rules expressly recognized by the contesting States; j 2. International custom, as evidence of a general practice accepted as law; 3. General principles of law recognized by civilized nations; 4. Judicial decisions; and . 5. The teachings of the mast highly qualified publicists of the various nations (Statute OF The International Court Of Justice, Art. 38 (1)) ' “ Does the President hae the absolute power to unilaterally withdraw fram a treaty or international agreement? =” i vA No. The President enjoys somesféeway in withdrawing from agreements which he determines to be contrary to the Constitution or statutes, but he cannot unilaterally withdraW from such agreements entered into, with the concurrence of the:Senate whichexpressly declared that hy withdrawl mus'aso be made with Its concurencen(Pongiinan 4, Cayet r GR. No. 238875) i fal 4 When is the Precautionary Principle applicable? — F ab i HK - rts appied i reselVng environmental cases when the causal link between hyman activity and an environmental effect cannot be established with certainty. Based on this principle, an Uncertain scientific plausibility of serious and irreversible damage to the environment justifies actions to avpid thet iy damage, (West Tower Condominium Corp. v. First Philippine Industral Corp., GR. NO, 194239) —— eae Nee R + = is,» 2022 UT - 0120 Page 8 of 8