political law answer kunu

8/10/2019 Political Law Answer Kunu

1/14

each house should vote separately... for it to prosper... Senate should obtain 3/4 votes AND House of

Rep. should obtain 3/4 votes... if either house failed to obtain 3/4 votes hind ma-amend... na kayBERNAS ito and a cited case.

Entire congress dapat. But not "each" house. Tama? It doesnt matter matter where 3/4 came. So long as 3/4 of thecongress was obtained. The constitution did not further qualify into particularities in which 3/4 should come. [wild guess.Please correct me if imwrong]

I would advise them that the petition should be supported by at least 12% of the total number of registered voters andeach legislative district must be represented by at least 3% therein. The copy of the proposal must likewise be attached forperusal of the people.


2/14


3/14

The argument of Beauty is untenable.In order for the HRET to acquire jurisdiction, she must first become a member of the House ofRepresentatives. One of the requisites to become a member is the assumption of office.In this case, Beauty is not yet a member of the HR because she have not yet assumed her office.Thus, it is the comelec that has jurisdiction over the case and not the HRET.

Atong Paglaum vs Comelec


4/14

Pls.See Senate vs Neri..J.Carpio concurring opinion said not continuing 12 senators remaining not majority unlike 1935consti when nazareno case was based 16 senators remain that is why continuing.

no because justices are the only ones who are exempt from prohibition of midnight appointments, pres. is prohibited toappoint two months before from the next pres elections .. i think he can appont her since the judiciary is not included in theprohibition. . . hahha dont know if im correct. . finals na namin next week. .


5/14

executive impoundment. It is not mandatory for the President to release the funds. Upon his exercise of executiveimpoundment, he vetoes the budget in effect which is legally permissible. (Per Albano Political Law Reviewer)

When a statute forbids or requires the doing of an act in terms so vague "that men of common intelligence" mustnecessarily guess as its meaning and differ as to its application, that law is deemed void. (estrada vs sandiganbayan)

So the answer is C


6/14


7/14

D KUNU

Yes. The COA enjoys fiscal autonomy as an independent constitutional commission. As such, its budget shall be AUTOMATICALLY and REGULARLY released.


8/14

No, they cannot be compelled to provide free parking to their customers because that would be taking oftheir private property without just compensation in violation of due process clause. The Supreme Court,in one case, ruled that police power of the state cannot be used to perpetrate injustice to the propertyowners. Thus, the state would be committing great injustice to mall owners if they are compelled toprovide free parking to customers.


9/14

Freedom of the press is not an absolute right. It is subject to the police power of the state. Moreover, ifthe right is used in such circumstances and of such nature as to create a clear and present danger whichwould bring out an evil then the state has the right to prevent it. In this case, the facts clearly show thatDeepThroat's writing made the followers of religious group publicly violent. Thus, i would resolve theissue in favor of the government.

Yes, because the survey is merely a public opinion regarding trust and confidence in all the institutions ofthe government. It is not an attack directed and intended to obstruct, influence, and embarrass the courtin a pending suit. Hence, the show-cause order is violative of the constitutional right to freedom ofexpression.


10/14

C. Nazareth v. Villar gr 188635 jan 2013

(C) Article XVII of 1987 Constitution

I would file an appropriate action to ask for the payment of damages, just compensation and the interestthereof. I would argue before the court that NPGC violated the due process clause when it took over theproperty of Farmerjoe without first instituting expropriation suit which is a condition precedent to suchaction. Moreover, its charter cannot defeat the constitutional right of Farmerjoe to just compensation forthe taking of his property for public use.


11/14

WHEN DOES THE RULE ON CUSTODIAL INVESTIGATION BEGIN TO APPLY?

The rule begins to operate at once, as soon as the investigation ceases to be a general inquiry into an unsolved crime, anddirection is aimed upon a particular suspect who has been taken into custody and to whom the police would then directinterrogatory questions which tend to elicit incriminating statements.


12/14

NO. Her act of filing a Certificate of Candidacy will suffice because by doing such act, she is deemed to have renounced herforeign citizenship.

There is no dual allegiance in this case because her acquisition of the foreign citizenship was not voluntary. It was the resultof the operation of foreign law.

D. Franciso v H.R gr 160261 nov 2003


13/14

fiscal autonomy....independence and separation of powers..


14/14

No. The crime was committed in another state and not in the state where he was assigned to discharge his functions as adiplomatic representative. As such, he cannot invoke diplomatic immunity.

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