Constitutional law case digests docx.docx - Merzy’s Notes Introduction: 1. General Principles Prelim Exam II. The Philippine

Merzy’sNotesPrelim ExamIntroduction:1.General PrinciplesA.Political Law-branch of the public law which dealswith the organization and operation of thegovernmental organs of the state and defines therelationship of thestates with the inhabitantsof itsterritory.Code:Scope/ Division of Political law1.Constitutional Law.The study of the maintenance of the proper balancebetween authority as represented by the three inherentpowers of the State andliberty as guaranteed by the Bill of Rightscode:2. Administrative Law.That branch of public law which fixes the organizationof government, determines the competence of theadministrative authorities whoexecute the law, and indicates to the individual remedies forthe violation of hisrights.Code:3.Law on Municipal Corporations.4. Law of Public Officers.5. Election Laws.II. The Philippine Constitution1.Maloslos Constitution2.The American Regime and organic acts3.The 1935 Constitution4.The Japanese Occupation5.The 1973 ConstitutionB.The 1987 Constitution1.Freedom of Constitution2.Adaptation of the Constitution3.Effectivily of the 1987 ConstitutionEffectivity of statuesCase in point : Tañada v. Tuvera G.R No:1985We hold therefore thatallstatutes, including those of localapplication and private laws, shall be published as acondition for their effectivity, which shall begin fifteen daysafter publication unless a different effectivity date is fixed bythe legislature.Covered by this rule are presidential decrees and executiveorders promulgated by the President in the exercise oflegislative powers whenever the same are validly delegatedby the legislature or, at present, directly conferred by theConstitution. administrative rules and regulations must aalso be published if their purpose is to enforce or implementexisting law pursuant also to a valid delegation.Interpretative regulations and those merely internal innature, that is, regulating only the personnel of theConstitutional Law 1based on the syllabus of Atty. Remoroza2018-20191

Merzy’sNotesPrelim Examadministrative agency and not the public, need not bepublished. Neither is publication required of the so-calledletters of instructions issued by administrative superiorsconcerning the rules or guidelines to be followed by theirsubordinates in the performance of their duties.Accordingly, even the charter of a city must be publishednotwithstanding that it applies to only a portion of thenational territory and directly affects only the inhabitants ofthat place. All presidential decrees must be published,including even, say, those naming a public place after afavored individual or exempting him from certainprohibitions or requirements. The circulars issued by theMonetary Board must be published if they are meant notmerely to interpret but to "fill in the details" of the CentralBank Act which that body is supposed to enforce.