Professional Documents
Culture Documents
Terms:
- 3 consecutive terms except barangays
- Voluntary renunciation is not considered an interruption for purposes of
consecutiveness
Case: Ong vs Alegre – the last term the official he was ousted should be
counted in contemplation of the 3 consecutive terms rule.
- MMDA is not an LGO nor a political unit. It has no power to enact ordinances.
It is just an administrative body. It has also no power to confiscate and to
revoke licenses. It is unauthorized.
- MMDA vs MENCOR TRANSPORT SYSTEM: MMDA is not vested with police
power.
SHARE OF REVENUES
- They can have their own source of revenue
- Congress has no discretion whether to release the IRA. The release is
automatic.
- LGU can levy taxes against national instrumentality as long as there is no
express exemption provided by law.
- MIAA vs CA: when the govt instrumentality is granted with exemption by law,
the same shall be applied liberally against the taxing power of the LGU.
Grounds:
1. Betrayal of public trust
2. High crimes
Procedure:
• Initiation is deemed done upon filing of the impeachment complaint
• it can be initiated not more than once in a year
• the committee can be compelled to act on the complaint by mandamus
• the resignation does not render the impeachment proceedings defunct?
B. Private Lands
Individual citizen and qualified domestic corp can acquire. A foreigner cant
acquire except by inheritance.
Ancestral Domain
- The tribal members have the right to own land by native title.
- Case Alcantara vs DENR (2008)
-
EXPLORATION OF SEA WATERS
- Limited to fil citizens
CHR
- Limited to investigative power
- To prosecute? Yes, in rel to Human Security Act
- Does not enjoy fiscal autonomy.
ACADEMIC FREEDOM
- Case UP vs Civil Service Commission (2001): the act of the CSC was
considered a violation of the academic freedom of UP when it tries to
investigate UP teacher
TAX EXEMPTION
- Only non-stock non-profit educ institution
- Private educ institution is not covered
LANGUAGE
FLAG
- Cant be changed by ordinary legislation. It requires plebiscite
STATE IMMUNITY
- IMMUNE from suit unless it consents either expressly or impliedly
- It can be sued for the acts of the special agents
- Case: fil Aguila satellite inc vs Lichauco (may 3, 2006). Ultra vires acts and
those which are of personal in character are not covered by immunity.
- Case: PCGG: if the state initiates or intervenes the suit, it waives its immunity
from suit
2. Submission
- Piecemeal submission is not allowed
3. Ratification
- There is no requirement for the proclamation that the consti has been
ratified,
TREATY-MAKING POWER
makabayan vs arroyo
nicholas vs romulo
salonga case (all on apr 11, 2009): they cant just change the provisions without the
corresponding the le
focus:
on the more recent cases
landmark cases, either validating or overruling of the doctrines.