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NOTES IN POLITICAL LAW SEPTEMBER 20, 2019

 Sanders vs Sevillano
o When can an official be sued?
 Torio vs Fontanilla
 Art. 2176
 Art. 2180
 Art. 19
 Suability vs liability
 Universal Declaration of Human Rights
 All rights are subject to those who sojourn regardless of nationality (check niyo to hehe di ko
sure)
 Codilla vs Comelec
o Omnibus Election Code Disqualification
o Disqualified—using government funds and property
 Calling out power –President as commander-in-chief
 Aggressive war vs defensive war
o War is justified to…. When…. (nasa book ito. Hanapin na lang)
 Customary law – recognized by all nation
 Doctrine of transformation vs doctrine of incorporation
 Doctrine of transformation
o Municipal law
o Through the mechanism of the legislation (congress has to enact a law)
 International law vs domestic law
o Jurisprudence dictates that:
 1)try to harmonize the two; 2) in case of conflict, domestic law shall prevail
 Sec. 7 and 8 of Art. 2
 Art. 18 sec. 25
o After expiration of bases agreement, no other bases shall be allowed in the Philippines
unless enacted by a treaty
 WHAT IF THE OTHER STATE WOULD NOT RECOGNIZE THE TREATY AS IT IS BUT
JUST A MERE AGREEMENT? WHAT WOULD HAPPEN?
o Can we enter into another foreign bases agreement?
 Art. 18 sec. 4
 Saguisag vs Executive Secretary – READ
 Bayan, et al. vs Department of National Defense – READ
 Bayan vs Executive Secretary – READ
o If not recognized by the other state as a treaty, would it still be valid?
 Art. 7 sec. 18
o Can not suspend writ of habeas corpus for more than 60 days (check nalang din to)
 Art. 16 sec. 5 (2) (5)
o Strengthen patriotic spirit and nationalist consciousness of the military and respect for
people’s rights in performance of duty.
o Military shall not abuse extension (???)
 Can aliens be called to war?
NOTES IN POLITICAL LAW SEPTEMBER 20, 2019

 Can the separation of church and State be used as an excuse?


 _______ vs Lagman (di ko nakuha itong case na to. Hanapin ko pa)
 You may be assigned to any point in defense of the State.
 How aliens may be called to war
o Membership in political organization (check ito ulit)
o In exchange of protection
o In exchange of benefits
 One cannot invoke religious or political beliefs when it comes to war.
 What is Academic Freedom?
 School Disciplinary Proceedings

NOTE:

INCLUDE THE FOLLOWING FOR NEXT MEETING:

1. PERMISSIBLE DELEGATIONS
2. SEPARATION OF POWERS
3. DELEGATION OF POWERS
4. LEGISLATIVE DEPARTMENT

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