Mendoza facultad de derecho civil

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Unformatted text preview: n case of: 1. Autonomous regions ‐ not less than 2,000 registered voters 2. Provinces and Cities – not less than 1,000 registered voters 3. Municipalities – not less than 100 registered voters 4. Barangays – not less than 50 may file a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution. (Sec. 13 RA 6735) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 3 UST GOLDEN NOTES 2011 Q: What are the limitations on Local initiative? A: 1. The power of local initiative shall not be exercised more than once a year; 2. Initiative shall extend only to subjects or matters which are within the legal matters which are within the legal powers of the local legislative bodies to enact; and 3. If any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled. However, those against such action may if they so desire, apply for initiative. Q: Is the initiative to change the Constitution applicable to revision? A: No. An initiative to change the Constitution applies only to an amendment. Revision broadly implies a change that alters basic principle in the Constitution like altering the principle of separation of powers or the system of checks and balance. The initiative of the petitioners is a revision and not merely an amendment. (Lambino vs. COMELEC, G.R. No. 174153, 25 October 2006) Q: What is referendum? A: It is the power of the electorate to approve or reject legislation through an election called for that purpose. Q: What are the two (2) classes of referendum? A: 1. Referendum on Statutes‐ refers to a petition to approve or r...
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This document was uploaded on 03/12/2014.

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