Consti Notes | Aug 6, 2018 - Consti Notes Q What are the functions of the government A Constituent mandatory for the Government to perform because they

Consti Notes | Aug 6, 2018 - Consti Notes Q What are the...

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Consti Notes Q: What are the functions of the government? A: Constituent - mandatory for the Government to perform because they constitute the very bonds of society Ministrant - those intended to promote the welfare, progress and prosperity of the people, and which are merely optional for Government to perform. Q: What are the example of the functions of the government? A: Constituent - maintenance of peace and order Ministrant - Cash transfer assistance (4Ps) Q: What kind of function of government is holding a person liable for traffic violation? A: Constituent Q: What happened in the case of Edu v Erita? A: Judge Ericta and Teddy C. Galo filed suit for certiorari and prohibition with preliminary injunction assailing the validity of enactment of the Reflector as well as Admin Order No. 2 implementing it, as an invalid exercise of the police power for being violative of the due process clause. Galo followed with a manifestation that in the event that Judge would uphold said statute constitutional, A.O. No. 2 of the Land Transportation Commissioner, implementing such legislation be nullified as an undue exercise of legislative power. ISSUE: Whether Reflector Law and Administrative Order is constitutional and valid. RULING: Yes. Reflector Law is enacted under the police power in order to promote public safety and order. Justice Laurel identified police power with state authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare. Persons and property could thus "be subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of the state." The police power is thus a dynamic agency, suitably vague and far from precisely defined, rooted in the conception that men in organizing the state and imposing upon its government limitations to safeguard constitutional rights did not intend thereby to enable an individual citizen or a group of citizens to obstruct unreasonably the enactment of such salutary measures calculated to insure communal peace, safety, good order, and welfare. Q: What happened in the Case of Philippine Virginia Tobacco Admin V Court of Industrial Relation?
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A: Private respondents filed a petition seeking relief for their alleged overtime services (in excess of their 8 regular hours a day) and the failure to pay for said compensation in accordance with Commonwealth Act No. 444. Section 1: The legal working day for any person employed by another shall not be of more than eight (8) hours daily. Petitioner denies allegations for lack of a cause of action and jurisdiction. Respondents filed a Petition for Certiorari on grounds that the corporation is exercising governmental functions and is therefore exempt from CA No. 444 which was denied and dismissed by RTC and CA. Motion for Reconsideration were also DENIED.
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