Residence is synonymous with domicile. There must only be one domicile where you live or stay.

. Animus revertendi Macalintal vs Jalosjos vs comelec Oberasyon Interpretation is the same as domicile an individual permanent home or place 1. 2. one must have a residence domicile somewhere domicile must be established or

Foreign voting of OFWs; limited only to national officials: President, VP, Senate and Congress

Article II State Policies SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Different kinds of Government Presidential vs Parliamentary Federal system or something to do with having an autonomous government: BANGSAMORO Unitary vs Federalism (MASTER THIS TOPIC)

Aquino vs COMELEC Bona fide intention to relinquish his former residence and establish a new one Romualdez vs COMELEC Imelda Marcos 1. domicile of origin 2. domicile of choice to manifest a change acquisition of property. of residence:

The political creed not a source of obligation. If violated; cannot be invoked. Not self-executing need of a legislation to invoke MORE IMPORTANT BAR MATTERS The Philippines is a domestic and republican State. Sovereignty resides in the people and all government authority emanates from them. Democracy people rule Republican representation and renovation People directly exercising the power directly: election of govt officials; initiative and referendum; people approving or rejecting government project; election recall; directly seized power from the administration People Power or Revolution (just make sure you succeed; otherwise - Rebellion) Manifestations of Replublicanism Existence of Bill of rights; separation of powers; judicial review; prohibition of passage of unrepealable laws; pluraility; right of suffrage Appointment power is an executive function. Even the SC cannot compel the President who to appoint. Flores vs Drilon: Drilon was Sec of DOJ law creating Subic Bay Metropolitan Authority. Unconstitutional because Congress is taking the discretion on whom to

Jalosjos Reacquisition of his citizenship pursuant to RA 9225 Sustained his residency even if he is only living with his uncle but with intention to establish his residency possession of a green card is inconsistent with residency requirement. You must not be insane. The insanity must have to be declared by competent court Convicted of crime with penalty of more than one year; Convicted of disloyalty

Manner of voting Congress The requirement of registration Akbayan vs COMELEC 2 days additional registration for new voters. Right of suffrage is not absolute. The right of a citizens to vote must necessarily be in conjunction with procedural requirement, that is, registration RA 8189 Where to file: MTC (first level court) Absentee Voting (RA 8189) Local based or foreign based

appoint from the president Congress: plenary power to pass laws. The president cannot dictate upon congress what laws to pass. The president can only influence but cannot command Congress. Neither can one go to the SC and ask a writ of mandamus to compel congress because that would be a violation of separation of power. Judiciary promulgate rules and regulation; interpret and apply the law in actual cases. Congress or the President cannot dictate the SC how the laws should be interpreted. The three branches can only check each other. Separation of powers most adversarial kind of government Check and balances no less than the constitution provides for the check. E.g. appointment vested in the Executive but is subject to check of the commission on appointment whose members are members of the judiciary

CHECK AND BALANCE Writ of amparo; habeas date; kalikasan rule-making power of the judiciary. UNDER CONSTITUTION, judicial may also be shared by the other two branches of government Administrative bodies decision are appealable to the president and that sense the president is exercising a quasi-judicial function Members of electoral tribunal are from congress Legislative inquiry and impeachment are quasi-judicial proceedings NON-DELEGATION OF POWERS Corollary to the power of separation of powers What has been delegated cannot be further more delegated It was the people who delegated the power by voting representative that is why such power cannot anymore be delegated. Permissible permission (exceptions to the non-delegation of powers) 1. (a) Delegation to president section 23 (emergency power lounged in the Congress delegated to the President: there must be a statue or law delegating to the president;

david, et al when there is a was, and a national emergency limited period of time while the emergency still exist to carry out the declared policy of congress in accordance to the standard provided by the congress until the next adjournment of session of congress) and 28 of Article VI (tariff powers taxing power of congress that can be delegated to the president delegated by statute and withtin framework of economic policy); (b) administrative bodies (different branches of government that implement the rules implementing rules subordinate legislation has force and effect of laws not inherent but only delegated with limitations: there must be a law or existing law test: completeness and sufficiency of standard: case of Santiago vs Ramos resolution passed by COMELEC is unconstitutional the law must be complete that nothing is left to the administrative body but to implement it sufficient standard heroche vs department of energy should there be implementing rules issued by these administrative bodies, there is a need for the impramadur or approval of superior of such administrative body case: Echegaray case the manual for lethal injection prepared by Bureau of Corrections was not approved by the Secretary of Justice; (c) local government RA 7160 not an inherent power but only delegated cannot pass laws contrary to national or existing laws other than not contrary to the Constitution case Cruz vs Paras local government can only regulate not prohibit local laws are territorial and must not be oppressive - MMDA is not a local government body and thus does not exercise police power; it must be provided in the law making it that MMDA can implement laws for such function - Garin vs MMDA Francisco, et. al. vs Fernando;

(d) delegation of power to the people why there is a need when the power is from the people? Section 32, Article VI RA 6735 through the process of initiative and referendum JUDICIAL REVIEW vested in all courts. Purposes: 1. Checking 2. Ratifying 3. Provide precepts and guidelines to the government, to the people and to the bar on the interpretation of the laws. double-negative declaration: not unconstitutional cannot be exercise motu proprio memorize the requisite of judicial review

7.

requirement of proper property may be set aside if issue raised is of transcedental importance or of paramount public interest.

It must be raised in the earliest possible time filing of pleading complaint. But if the earliest possible is during trial but was np Exceptions: (may be raised for the first time even on appeal) 1. Issue involve is jurisdictional can be raised anytime even during appeal; 2. Criminal case the issue is constitutionality of law which is the basis of the prosecution; 3. Civil cases only when the issue of constitutionality is the lis mota of the case. JR if issue of constitutionality is the lis mota of the case that factor that determines the outcome of the case. Outcome of JR: if it is invalid null and void; valid the SC just declared that the law is not unconstitutional Can be resolved by the SC en banc; vote of majority of those who actually participated in the deliberation 8 votes if not obtained then the law is valid; resolved on the presumption of the constitutionality of the law - below 5 majority: no quorum. Modern view constitutional until declared otherwise Traditional view unconstitutional from the time of its inception: no rights, void from the beginning; as if there was no law passed. Operative Fact Doctrine you cannot deny the existence of the law while it is still in existence. What we follow in the Philippines is more of the modern view. Chavez vs JBC representation from Congress should just be one before there was always 2 - recognize the operative effects of the law before it was declared unconstitutional.

Requisites of judicial review: Actual case or controversy existence of conflict or right that is demandable justifiable there must be a statute or law as basis to demand a right; political questions yes only when there is abuse of discretion amounting to lack or excess of jurisdiction; existing of the controversy from time of filing until termination: formento vs Estrada the latter running for second term of president issue has become state moot and academic; david, et. al. vs executive secretary issue of transcendental importance or of paramount public interest; david, et. al vs ermita; raised by the proper property actual or direct injury or potential injury: Oposa vs Factoran

Direct citizen principle the citizen must be the 1. 2. 3. 4. 5. 6. any challenge of the validity of the ratification of the constitution declaration of martial law or state of emergency taxpayer disbursement of public contrary to law; or when tax laws are exorbitant people vs viras government is a proper party to question the validity of its laws organization when it has a substantial interest in the case person to question the constitutionality of the law he must have locus standi

SECTION 2. The Philippines renounces was as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations. Renouncing the offensive war. Not

defensive. The adoption of the GAPIL as part of the law of the land; applied as if an existing local law of the Philippines as part of the legal system; incorporation doctrine. Sources of incorporated laws or GAPIL: treaties that are duly ratified by the Senate; norms of general and customary laws Mijares vs Javier (1) the establish widespread and consistent practice; (2) psychological element on necessity or rule of law pharmaceutical vs duque. Transformation clause you need to transform a GAPIL into a local law constitutional declaration that we are adopting GAPIL as part of the legal system treaties which has become of customary laws as one of the sources of the Kellogg-briand pact Koroda vs jalandoni creation of military commissions ICJ has already become a customary law. Even if it was not ratified by the Congress, that concurrence of the signature of Estrada, we are bound by its jurisdiction. Conflict of treaty and statute GR: reconciled; if irreconcilable where was the conflict resolved if in our Courts: Constitution; if in the Statue, of course our statute prevails over treaties we are supposed to be sovereign we cannot enter into an agreement that strips us of that sovereignty - Ichong vs Hernandez, the treaty was signed prior to the enactment of the law the law is an amendment of the treaty. STAT CON

Next meeting: Article 2 and 6 Atong Paglaum, Inc. vs COMELEC April 2, 2013 Gr 203646 (Partylist)