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    Consti Cases (Gallant Soriano) - 1st Set

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    Gianna Peñalosa
    The document discusses several Philippine Supreme Court cases related to constitutional amendments and ratification. The key issues addressed include whether the President has the power to propose constitutional amendments, if submission to the people is sufficient for ratification, the validity of certain presidential decrees and congressional acts related to constitutional changes, and questions around de facto vs de jure governments. The cases examine the authority of different branches of government in initiating and approving amendments to the 1973 Philippine Constitution.

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    Consti Cases (Gallant Soriano) - 1st Set

    Uploaded by

    Gianna Peñalosa
    578 views2 pages
    The document discusses several Philippine Supreme Court cases related to constitutional amendments and ratification. The key issues addressed include whether the President has the power to propose constitutional amendments, if submission to the people is sufficient for ratification, the validity of certain presidential decrees and congressional acts related to constitutional changes, and questions around de facto vs de jure governments. The cases examine the authority of different branches of government in initiating and approving amendments to the 1973 Philippine Constitution.

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    Case list supplementary to Isagani Cruz's Philippine Political Law book, chapters 1-3

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    The document discusses several Philippine Supreme Court cases related to constitutional amendments and ratification. The key issues addressed include whether the President has the power to propose constitutional amendments, if submission to the people is sufficient for ratification, the validity of certain presidential decrees and congressional acts related to constitutional changes, and questions around de facto vs de jure governments. The cases examine the authority of different branches of government in initiating and approving amendments to the 1973 Philippine Constitution.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    578 views2 pages

    Consti Cases (Gallant Soriano) - 1st Set

    Uploaded by

    Gianna Peñalosa
    The document discusses several Philippine Supreme Court cases related to constitutional amendments and ratification. The key issues addressed include whether the President has the power to propose constitutional amendments, if submission to the people is sufficient for ratification, the validity of certain presidential decrees and congressional acts related to constitutional changes, and questions around de facto vs de jure governments. The cases examine the authority of different branches of government in initiating and approving amendments to the 1973 Philippine Constitution.

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    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    of 2

    *SANIDAD

    v. DE LEON v. COMELEC ESGUERRA Constitutional The act of ratification Amendments is the act of voting proposed by President Pres. Marcos De Leon was submitted two incumbent Brgy. questions to the Captain of Dolores, people in a Tagaytay whose term referendum-plebiscite was to end in 1988. in 1976. Petitioners Gov. Esguerra now want to declare designated the PDs void because respondents to the Pres. has no CON replace De Leon et al. grant of constituent in a memoranda power to propose signed on Feb. 8, 1987. amendments to the CON and enjoin COMELEC from holding such plebiscite

    *IMBONG v. COMELEC

    *TOLENTINO v. COMELEC Plenary authority of There must only be Congress ONE plebiscite for ratification Con Assembly passed An organic resolution to Res. No. 2 calling for a lower the voting age CONCON. RA 2914 was from 21 to 18 was passed to implement proposed and approved said Resolution. The by the 1971 CONCON. Con Assembly then The resolution also passed Res No. 4 to stated that the amend Res No. 2 and plebiscite will coincide RA 6132 was enacted with the November repealing the previous 1971 local elections and RA and implement Res. shall be w/o prejudice 2 & 4 to other amendments that will be proposed in the future.

    LAWYERS LEAGUE v. AQUINO Submission of Proposed De Facto v. De Jure Amendments govt. Petitioners allege that the Aquino govt. is illegal because it was not established pursuant to 1973 CON.

    *PLANAS v. COMELEC

    PHIL BAR ASSOC v. COMELEC Unconstitutionality of Snap Elections The validity of B.P. 883, calling for a snap election for the selection of President and VP is assailed bec. it is unconstitutional.

    1. Does the Pres. Is the designation possess the power to made by Esguerra propose amendments validly made pursuant to CON? to the Provisional 2. Is the submission to CON? the people sufficient and proper? 1. Yes. The Pres. No. The Provisional

    Is RA 6132 valid?

    A resolution was passed by Congress to propose CON amendments. The election of delegates to the CONCON was held on Nov. 10, 1970. On Nov. 29, 1972, CONCON approved the proposed CON. Marcos then issued PD 73, submitting the CON for ratification/rejection but on Jan. 7, 1973, Gen Order 20 was issued postponing the sched. plebiscite and suspending the previous order to suspend the effects of Proc. No. 1081 May amendments to the Is PD 73 valid? CON be partially submitted for ratification by a plebiscite? No. There must only be Case dismissed. The

    Is the established Aquino govt. a de jure govt.?

    Is B.P. 883 unconstitutional?

    Yes. RA 6132 was

    No. The Aquino

    No. The question raised

    Compiled by Gianna Maree D. Pealosa San Beda College College of Law, 1J

    exercise of legislative CON was already enacted in Congress one plebiscite for the powers in times of inoperative when he capacity as a legislative ratification of CON martial law is a valid made the designation body. They can grant amendments. Also, the act. bec. the 1987 CON powers and fix the people must also be 2. Yes. Three weeks is was already ratified at qualifications and other given sufficient time not too short for free the time and that was requirements needed and ample basis for an debates and the CON in effect. such as in the case of intelligent appraisal of discussions. the CONCON delegates. the amendment. *NOTE: TIPS (Tolentino.Imbong.Planas.Sanidad) cases on the 1973 Constitution ** CON means CONSTITUTION J

    Court deemed it fit to refrain from deciding the case bec. the date/conditions for the plebiscite was unknown.

    govt. is not merely is political in nature a de facto govt. but and the votes needed to it is in fact and law render the law unCON a de jure govt. isnt reached. Case dismissed.

    Compiled by Gianna Maree D. Pealosa San Beda College College of Law, 1J

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