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Legres Digest- Set1

Legres Digest- Set1

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EFFECTIVITY CLAUSE Farinas vs Executive Secretary GR No.

147387 December 10,2003 Facts: Before the court is a petition to declare as unconstitutional Sec.14 of RA 9006 (The fair election act) insofar as it expressly repeals Sec.67 of BP 881 (The Omnibus Election Code) filed by Farinas et al, minority members of the minority bloc in the HR. Impleaded as respondents are the Executive sec, Speaker of the House etal. Issue/s: 1. Facts: 1.

La Bugal B laan Tribal Association Inc vs. Victor Ramos GR. No. 127882 January 27, 2004

2. WON the effectivity clause which states This Act shall take effect upon its approval (Sec.16) is a violation of the due process clause of the Constitution

Ruling: 1.

An effectivity clause which provides that the law shall take immediately upon its approval is defective, but it does not render the entire law invalid, the law shall take effect fiftten days after its publication in the OG or newspaper of general circulation. In Tanada vs Tuvera, the court laid down the rule: The clause, unless otherwise provided refers to the date of effectivity and not to the requirement of publication itself Publication is indispensable in every case.


4. Umali vs Estanislao GR 104069 May 29,1992 Facts: Congress enacted RA 7167 entitled An act adjusting the basic personal and additional exemptions allowable to individuals for income tax purposes to the poverty threshold level, amending for the purpose Sec.29 of the NIRC . The said act was signed and approved by the President on Dec.19,1991 and published on Jan.14,1992 in Malaya, a newspaper of general circulation. Sec.3 of the said act states: This act shall take effect upon its approval , while Sec.5 states: These regulations shall take effect on compensation income from January 1, 1992. Issue/s: 1. 5. 6.

Petitioners assails the constitutionality of the RA 792 (Phil.Mining Act of 1995) along with its Implementing rules and regulations, DENR Administrative order 96-40 and the Financial and technical assistance agreement (FTAA) entered into on March 30,1995, by the Republic of the Philippines and Western Mining Corporation Philippines, Inc. (WMCP) On July 25, 1987, two days before the opening of congress, Pres.Cory Aquino issued EO 279, authorizing the DENR secretary to accept, consider and evaluate proposals from foreign-owned corporations or foreign investors for contracts of agreements involving either technical or financial assistance for large-scale explorations, which upon recommendation of the Sec, the President may execute with the foreign proponent. Sec.8 of the EO states that the same shall take effect immediately . By such authority the subject WMCP FTAA was executed on March 30, 1995. On March 3, 1995, Fidel V. Ramos approved RA 7942, to govern the exploration, development, utilization and processing of all mineral resources. 30 days following its publication on March 10, 1995 in Malaya and Manila times, or on April 9, 1995, RA 7942 took effect. Before the effectivity of RA 7942, or on March 30, 1995 the President entered into an FTAA with WMCP. On August 15, 195, DENR Secretary, Victor Ramos issued DAO 9523, later repealed by DAO 96-40 Subsequently WMCP sold all its shares to Sagittarius mines, Inc, a Filipino corporation. By virtue of such, DENR approved the transfer and registration of the subject FTAA from WMCP to Saguittarius.

Issue/s: 1. Ruling: 1.

WON EO 279 came into effect.

WON RA 7167 took effect upon its approval by the president on Dec.19,1991 or on Jan.30 1992, 15 days after its publication?

Ruling 1.

RA 7167 took effect on January 30,1992 after 15 days of its publication. (Tanada vs Tuvera)

EO 279 came into effect. Petitioner s contentions that based on EO 200, Sec.1, EO 27 could have only taken effect fifteen days after its publication at which time Congress had already convened and the President s power to legislate has ceased have no merit. From a reading of Sec.8 of EO 279, Sec.1 of EO 200 and Tanada v Tuvera, the court holds that EO 279 became effective immediately upon its publication in the OG on August 3, 1987. There is nothing in EO 200 that prevents a law from taking effect on a date other than even before the 15 day period after its publication; where a law provides for its own date of effectivity, such date prevails over that prescribed by EO 200. What is mandatory under EO 200, and what due process requires as held in Tanada v Tuvera, is the publication of law. The convening of the first congress did not prevent the effectivity of the laws previously enacted by the president in the exercise of her legislative powers. Art 18, Sec.6 states that The incumbent president shall continue to exercise legislative powers until the First Congress is convened . Thus, the convening of Congress merely precluded the exercise of the legislative powers of the President. There can be no question that EO 279 is an effective, and a validly enacted, statute. bel. 1

This is in pursuant of Act 4052 An act appropriating the sum of P60k and making the same available out of any funds in the insular treaty not otherwise appropriated for the cost of plates and printing of postage stamps with new designs. the fiscal amended the information on stealth and strategy and asked for reconsideration. and for other purposes. Issue: - Ruling: - The court holds that the lower court correctly ruled that the decree does not apply to pasture lands because its preamble shows that it was intended to apply to squatting in urban communities or more particularly to illegal constructions in squatter areas made by well-to-do individuals. in which he dismissed the case on the grounds that: a. more or less religious in character. *Squatting on public agricultural lands is punished by RA 947. manifesting the elevating influence of religion in human society which is recognized here as elsewhere. applies to agricultural lands.4052 grants the Director of Posts. or church WON PD 772. 2 . The petitioner. lower court dismissed the motion. bel. The squatting complained of involves pasture lands in rural areas. 2. if the purpose had in view is one which could legitimately be undertaken by legitimate authority. of Public Works and Communications.Gregorio Aglipay. the resulting propaganda. Is the issuance of the postage stamps commemorating the rd celebration in the City of Manila the 33 International Eucharistic Congress. this appeal before the court. and insisted that the phrase for other purposes in the decree does not include agricultural purposes because its preamble does not mention Sec. with the approval of the Sec. Sec. the petitioner filed a writ of prohibition to prevent the respondent from issuing and selling rd postage stamps commemorative of the 33 International Eucharistic Congress. In which. By imploring the aid of the Almighty in the preamble. Religious freedom. The petitioner alleged that issuance of the said stamps are violative of the Constitution under the provisions of Art.45459 March 13.Vicente de la Serna 5 of the information was raffled to Judge Vincent B. the decree does not apply to the cultivation of grazing land Because of the order.3 No public money or property shall ever be appropriate. member of the Philippine bar to denounce the matter to the President of the Philippines. Issue: - In May 1936. requested Vicente Sotto. 3. The officials concerned merely took advantage of an event considered of international importance to give publicity to the Philippines and its people. is hereby authorized to dispose of the whole or any portion of the amount appropriated in the manner indicated and as often as may be deemed advantageous to the government. Director of Posts announced in the dailies of Manila that he would order the issuance of postage stamps rd commemorating the celebration in the City of Manila the 33 International Eucharistic Congress. Mons.25. 4. of Public Works and Communications.6.2 of the same states: The Director of Posts. Supreme Head of the Philippine Independent Church.Ello filed with the lower court separate information against 16 persons charging them with squatting as penalized by PD 772. 1937 2. However. as a constitutional mandate is not inhibition of profound reverence for religion and is not a denial of its influence in human affairs. received by the Roman Catholic church was not the aim and purpose of the Government. Act No. 1977. Aglipay vs Ruiz No. 3. On Oct. The information against Mario Aparici states that the accused with stealth and strategy enter into. in violation of the Constitution? Ruling: - - - The court finds no constitutional infraction in the case at bar. applied or used directly or indirectly for the use. Under the rule of ejusdem generis. The land was entered through stealth and strategy whereas the decree states that entry should be effected with the use of force. of Agriculture and makes reference to the affluent class. benefit or support of any sect. intimidation or threat or taking advantage of the absence or tolerance of the landowner b. if any.PREAMBLE People vs Echaves L-47757-61 January 28. the Filipino expressed their intense religious nature. which penalizes squatting and similar acts. Echaves. with the approval of the Sec. The government should not be embarrassed in its activities simply because of the incidental results. It is obvious that while the issuance and sale of the stamps in question may be said to be inseparably linked with an event of religious character. possessed and claimed by Atty. Facts: 1. occupy and cultivate a portion of a grazing land physically occupied. Sec.13 par. Fiscal Abundio R. 1980 Facts: 1. organized by the Roman Catholic Church. Esq. discretion to issue postage stamps deemed advantageous to the Government. Hence.

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