UST POLI LAW

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Unformatted text preview: is the COMELEC. Note: The COMELEC also have the exclusive original jurisdiction over all contests relating to returns, and qualifications of all elective regional, provincial, and city officials. The COMELEC also have the appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Q: What is the difference between the jurisdiction of the COMELEC before the proclamation and its jurisdiction after proclamation? A: The difference lies in the due process implications. OVER PRE‐ OVER CONTESTS (AFTER PROCLAMATION PROCLAMATION) CONTROVERSY COMELEC’s jurisdiction COMELEC’s jurisdiction is administrative or is judicial and is by the quasi‐judicial and is governed governed by the less requirements of judicial stringent requirements process. of administrative due process (although the SC has insisted that question on “qualifications” should be decided only after a full‐dress hearing). Note: Hence, even in the case of regional or provincial or city offices, it does make a difference whether the COMELEC will treat it as a pre‐ proclamation controversy or as a contest. 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 69 UST GOLDEN NOTES 2011 G. BILL OF RIGHTS a. FUNDAMENTAL POWERS OF THE STATE Q: What are the fundamental powers of the State? A: 1. Police Power 2. Power of Eminent Domain 3. Power of Taxation Q: What are the similarities among the fundamental powers of the State? A: 1. They are inherent in the State and may be exercised by it without need of express constitutional grant. 2. They are not only necessary but indispensable. The State cannot continue or be effective unl...
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This document was uploaded on 03/12/2014.

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