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Constitutional Law 1 - page 11

Occena vs COMELEC; G.R. No. 56350; 02 Apr 1981; 104 SCRA 11

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FACTS: Petitioners challenged the validity of three Batasang Pambansa Resolutions (1) proposing an amendment allowing a natural-born citizen of the Philippines naturalized in a foreign country to own a limited area of land for residential purposes; (2) dealing with the Presidency, the Prime Ministry and the Cabinet, and the National Assembly; and (3) amending the Article on the Commission on Election. ISSUE(S): Whether or not the 1973 Constitution is a fundamental law. HELD: YES. In Javellana vs The Executive Secretary, the Court held that there is no further judicial obstacle to the new Constitution being considered in force and effect.

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Imbong vs COMELEC; G.R. No. L-32432; 11 Sep 1970; 35 SCRA 28

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FACTS: Congress passed Resolution No. 2 which called for a Constitutional Convention (ConCon) to propose constitutional amendments. The ConCon shall be composed of two delegates form each representative district who shall have the same qualifications as those of congressmen. It later passed Resolution No. 4 amending Resolution No. 2, providing that the convention shall be composed of 320 delegates apportioned among existing representative districts according to the number of inhabitants. Each representative district shall be entitled to at least two delegates with the same qualifications as congressmen. Finally, it enacted RA 6132 implementing Resolution Nos. 2 and 4. ISSUE(S): Whether…

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Civil Liberties Union vs Executive Secretary; G.R. No. 83896; 22 Feb 1991; 194 SCRA 317

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FACTS: Executive Order No. 284 allows members of the Cabinet, their undersecretaries and assistant secretaries to hold other government offices or positions in addition to their primary position. ISSUE(S): Whether or not Executive Order No. 284 is unconstitutional. HELD: YES. The language of Section 13, Article VII of the Constitution is prohibitory so that it must be intended to be positive and unequivocal negation of the privilege of holding multiple government offices or employment.

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Magallona et.al. vs Ermita; G.R. No. 187167; 16 Aug 2011; 655 SCRA 476

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Magallona et.al. vs Ermita; G.R. No. 187167; 16 Aug 2011; 655 SCRA 476 FACTS: Congress enacted RA 9522, amending RA 3046 and making it compliant with the terms of the UNCLOS III. In so doing, RA 9522 shortened one baseline, optimized the ocation of some basepoints around the Philippine archipelago and classified adjacent territories, namely, the Kalayaan Island Group (KIG) and the Scarborough Shoal, as “regimes of the islands” whose islands generate their own applicable maritime zones. ISSUE(S): Whether or not RA 9522 is unconstitutional. HELD: YES. RA 9522 is a statutory tool to demarcate the country’s maritime zones and…

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