Thus since the constitution is the fundamental

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Unformatted text preview: purposes, is null and void and without any force and effect. Thus, since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. (Manila Prince Hotel v. GSIS, G.R. No. 122156, Feb. 3, 1997) Q: State the legal distinctions between EDSA 1 and 2. A: EDSA 1 EDSA 2 As to power involved or exercised by the people Exercise of the people power of freedom of speech and of assembly, Exercise of the people to petition the power of revolution government for redress of grievances Effect of exercise of the power involved Overthrows the whole government Only affected the Office of the President Judicial review Extra‐constitutional. The legitimacy of the new government that resulted from it cannot be the subject of judicial review. Intra‐constitutional. The resignation of the sitting President that it caused and the succession of the VP as President are subject to judicial review. Nature of question involved Presented a political Involves legal questions. question. 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 1 UST GOLDEN NOTES 2011 Q: Is the People Power recognized in the Constitution? A: “People power” is recognized in the Constitution: 1. Article III, Section 4 guarantees the right of the people peaceable to assemble and petition the government for redress of grievances; 2. Article VI, Section 32 requires Congress to pass a law allowing the people to directly propose or reject any act or law or part of it passed by congress or a local legislative body; 3. Article XIII, Section 16 provides that the right of the people and their organizations to participate in all levels of social, political, and economic decision‐making shall not be abridged and that the State shal...
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This document was uploaded on 03/12/2014.

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