Francisco jr vthehouseof representativesgrno160261

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Unformatted text preview: ght within the terms of the law who are not clearly within them and the act shall not be punished when the law does not clearly punish them. b. Civil case – it may be brought anytime if the resolution of the Constitutional issue is inevitable in resolving the main issue. c. When the jurisdiction of the lower court is in question except when there is estoppel Note: The earliest opportunity to raise a constitutional issue is to raise it in the pleadings before a competent court that can resolve the same, such that, if not raised in the pleadings, it cannot be considered in trial and, if not considered in trial, it cannot be considered on appeal. The Ombudsman has no jurisdiction to entertain questions regarding constitutionality of laws. Thus, when the issue of constitutionality a law was raised before the Court of Appeals (CA), which is the competent court, the constitutional question was raised at the earliest opportune time. (Estarija v. Ranada, G.R. No. 159314, June 26, 2006) The NLRC’s foremost function is to administer and enforce R.A. No. 8042, and not to inquire into the validity of its provisions. Therefore, even if the issue on the constitutionality of the subject clause was first raised, not in petitioner's appeal with the NLRC, but in his Motion for Partial Reconsideration with said labor tribunal, and reiterated in his Petition for Certiorari before the CA, the issue is deemed seasonably raised because it is not the NLRC but the CA which has the competence to resolve the constitutional issue. (Serrano v. NLRC, G.R. No. 167614, Mar. 29, 2009) 4. Necessity of deciding constitutional questions – as a joint act of the legislative and executive authorities, a law is supposed to have been carefully studied and determined to be constitutional before it was finally enacted. As long as there are other bases which courts can use for decision, constitutionality of the law will not be touched. Q: What are the requisites before a law can be declared partially unconstitutional? A: 1. The legislature must be willing to retain valid portion (separability clause) 2. The valid portion can stand...
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This document was uploaded on 03/12/2014.

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