Constitutional_law_case_digests_docx.docx - Merzyu2019s...

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Merzy’s Notes Prelim Exam Introduction: 1. General Principles A. Political Law - branch of the public law which deals with the organization and operation of the governmental organs of the state and defines the relationship of the states with the inhabitants of its territory. Code: Scope/ Division of Political law 1. Constitutional Law. The study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights code: 2. Administrative Law. That branch of public law which fixes the organization of government, determines the competence of the administrative authorities who execute the law, and indicates to the individual remedies for the violation of his rights. Code: 3.Law on Municipal Corporations. 4. Law of Public Officers. 5. Election Laws. II. The Philippine Constitution 1. Maloslos Constitution 2. The American Regime and organic acts 3. The 1935 Constitution 4. The Japanese Occupation 5. The 1973 Constitution B. The 1987 Constitution 1. Freedom of Constitution 2. Adaptation of the Constitution 3. Effectivily of the 1987 Constitution Effectivity of statues Case in point : Tañada v. Tuvera G.R No: 1985 We hold therefore that all statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin fifteen days after publication unless a different effectivity date is fixed by the legislature. Covered by this rule are presidential decrees and executive orders promulgated by the President in the exercise of legislative powers whenever the same are validly delegated by the legislature or, at present, directly conferred by the Constitution. administrative rules and regulations must a also be published if their purpose is to enforce or implement existing law pursuant also to a valid delegation. Interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the Constitutional Law 1 based on the syllabus of Atty. Remoroza 2018- 2019 1
Merzy’s Notes Prelim Exam administrative agency and not the public, need not be published. Neither is publication required of the so-called letters of instructions issued by administrative superiors concerning the rules or guidelines to be followed by their subordinates in the performance of their duties. Accordingly, even the charter of a city must be published notwithstanding that it applies to only a portion of the national territory and directly affects only the inhabitants of that place. All presidential decrees must be published, including even, say, those naming a public place after a favored individual or exempting him from certain prohibitions or requirements. The circulars issued by the Monetary Board must be published if they are meant not merely to interpret but to "fill in the details" of the Central Bank Act which that body is supposed to enforce.

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