CONSTI Cramsheet Created by Created Private Stock/non- privae

legislature/act of by exec corp with stock corp

TREATY v. LATER LAW - later law congress (?) public owned by
EARLIER LAW v. TREATY - treaty (after concurrence) functions the gov’t
LAW v. EXECUTIVE AGREEMENT – Law
TREATY v. EXECUTIVE AGREEMENT - check if Exec is not violative of law Revolution - the complete overthrow of the established government in any country or
state by those who were previously subject to it as as sudden, radical, and
Treaty < later law fundamental change in the government or political system, usually effected with
Earlier law < treaty violence. A government as a result of people's revolution is considered de jure.
Law > executive agreement (Letters of Associate Justice Puno)
Treaty v. executive agreement (check if EA is not violative of law)
Auto-limitation - Any state may, by its consent, express or implied, submit to a
Interregnum from February 26, 1986 (the day Corazon C. Aquino took her oath as restriction of its sovereign rights. There may thus be a curtailment of what otherwise
President) to March 24, 1986 (immediately before the adoption of the Freedom is a power plenary in character. (basically, the state limits its own sovereign power)
Constitution)
Sec. 2
1987 Constitution was ratified Feb. 2, 1987 Doctrine of incorporation – binds the country to GAPIL which are considered to be
automatically part of our laws.
Section 1:
Government instrumentality – any agency of the national government, not integrated Transformation – legislation needed to transform
within the department framework, vested with special functions or jurisdiction by
law, endowed with some if not all corporate power, and enjoying operational How do you tell if it’s GAPIL? -> Opinio Juris (subjective test) and State Practices
autonomy. (MIAA v. CA)
- Created by Congress/legislature Pacta Sunt Servanda – international agreements must be kept in good faith. A treaty
engagement creates a legally binding obligation on the parties.
Public corporation – treated by law as agencies or instrumentalities of the
government which are not subject to the test of ownership or control and economic
viability but to different criteria relting to their public purpose/interests or Writ of Kalikasan
constitutional policies and objectives (BSP v COA) 1. There is an actual or threatened violation of the constitutional right to a
- balanced and healthful ecology
2. The actual or threatened violation arises from an unlawful act or omission
Quasi-public corporations – private corporations that render public service and of a public official or employee, or private individual or entity
supply public wants. 3. Threatens the life, health, or property of the inhabitants of two or more
cities.
3 Reqs for GOCC:
1. Stock or non stock corporation Precautionary principle - only applies when the relation between the cause and effect
2. Functions are of public nature can't be scientifically proven with certainty
3. Owned by the government

Charter test:
1. W/n it has its own charter Soft laws – non binding principles and create no enforceable rights.
2. Or created through incorporation under the general corporation law
Sec. 28
Gov’t Public Quasi GOCC NGO Sui Executive privilege - certain information must, as a matter of necessity, be kept
Instrumentality Corp Public Gen. confidential in pursuit of the public interest. The privilege being, by definition, an
Corp exemption from the obligation to disclose information, in this case to Congress, the
necessity must be of such high degree as to outweigh the public interest in enforcing
that obligation in a particular case.
In re Production of Court Records:
When court records are considered confidential:
1. Results of the raffle of cases
2. Actions taken in each case in the Court’s agenda
3. Deliberations of the members in court sessions on cases and matters
pending before it
Deliberative process privilege – privilege against disclosure of
information/communication so that Members of the Court may freely discuss the
issue without fear of criticism for holding unpopular positions.
To qualify for protection under the deliberative process privilege, it must be:
1) Predecisional –if it precedes, in temporal sequence, the decision to which it
relates; made in attempt to reach a final conclusion.
2) Deliberative – if it reflects the give-and-take of the consultative process.
The key question is whether disclosure of the information would discourage
candid discussion within the agency.
Atong Paglaum parameters [GSPMN]
1. Three different groups may participate in the party-list system:
a. National parties/orgs
b. Regional parties/orgs
c. Sectoral parties/orgs
2. National parties/orgs and regional parties/orgs do not need to organize along
sectoral lines and do not need to represent any “marginalized and
underrepresented” sector.
3. Political parties can participate in party-list elections provided they register
under the party-list system and do not field candidates in legislative district
elections. A political party, whether major or not, that fields candidates in
legislative district elections can participate in party-list elections only
through its sectoral wing that can separately register under the party-list
system. The sectoral wing is by itself an independent sectoral party, and is
linked to a political party through a coalition.
4. Sectoral parties or organizations may either be “marginalized and
underrepresented” or lacking in “well-defined political constituencies”. It is
enough that their principal advocacy pertains to the special interest and
concerns of their sector. The sectors that are “marginalized and
underrepresented” include labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, handicapped, veterans, and overseas workers. The
sectors that “lack well-defined political constituencies: must belong to the
sector they represent.
5. National, regional, and sectoral parties or organizations shall not be
disqualified if some of their nominees are disqualified, provided that they
have at least one nominee who remains qualified.
RA 7941 Sec. 6 – removal/cancellation of registration (partylist)
1. It is a religious sect or denomination, organization or association organized
for religious purposes;
2. It advocates violence or unlawful means to seek its goal;
3. It is a foreign party or organization;
4. It is receiving support from any foreign government, foreign political party,
foundation, organization, whether directly or through any of its officers or
members or indirectly through third parties for partisan election purposes;
5. It violates or fails to comply with laws, rules or regulations relating to
elections;
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least one (1) year; or
8. It fails to participate in the last two (2) preceding elections or fails to obtain
at least two percentum (2%) of the votes cast under the party-list system in
the two (2) preceding elections for the constituency in which it has
registered.
To successfully effect a change of domicile:
1. An actual removal or an actual change of domicile
2. A bona fide intention of abandoning the former place of residence and
establishing a new one
3. Acts which correspond with the purpose
Requirements for creation of province:
1. Ave. annual Income – 20M
a. Population – 250,000
b. Area – 2000 sq. km.
Term of office:
Senator: 6 years each term. Bawal more than two consecutive terms. Election every 3
years.
Representative: 3 years per term. Bawal three consecutive terms.
When special elections is mandatory:
2. There is a failure of elections
3. Such failure would affect the results of the elections