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17 Cards in this Set
- Front
- Back
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Araullo vs aquino |
Constitutionality of DAP or Disbursement acceleration program
It is unconstitutional because the presidents the excretion over appropriations is limited and the congress must have enacted a law authorizing the president to transfer funds for the purpose of augmenting any item from savings in another item in the GAA
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Estrada vs sandiganbayan |
Joseph estrada impeachment case
Facial challenge (free speech cases not for penal statutes) overbreadth doctrine govt purpose not achieved by means which sweep broadly and invade area of protected freedoms Void for vagueness doctrine terms so vague that men of common intelligence guess at its meanong and application which violates due process (only challenged when vague in all applications) Facial challenge can apply to both to prevent chilling effect to protected speech |
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Imbong vs ochoa |
The RH bill cannot be challenged on its face because facial challenges are strictly for penal statutes which expanded to cover statutes not only for r free speech but also those involving religious freedom and other fundamental rights |
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Angara vs electoral commission |
Judicial supremacy is the power of judicial review under the constitution and is limited to controversies and limited further by political question raised by the lis mota of the case |
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Mariano vs comelec |
Constitutionality of republic act 7854 or an "act converting the municipality of makati into a highly urbanized city"
Requirements to challenge the constitutionality of a law 1) actual controversy 2). Proper party 3) earliest opportunity 4) lis mota
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Montesclaros v. Comelec |
Lower membership age in SK
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government
Can only exercise judicial review only after a law is enacted |
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Belgica v. Ochoa |
Constitutionality of the pork barrel system
Certain articles are unconstitutional such as not laying a sufficient standard to determine the limits of the president on the malampaya funds and that post enactment measures you're not related to congressional oversight which allows to congress to interfere in budget execution which violates the principle of separation of powers |
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KMU labor center v. Garcia |
Associational Standing must involve direct injury to members of an association and must provide a board resolution representing such members |
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Ople v. Torres |
Legal standing as senator (legislative standing) is sufficient to question executive orders concerning usurpation of legislative power |
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Ibp vs zamora |
The responsibility to uphold the constitution and its laws is not sufficient as standing . only when there is paramount importance to the public the court may brush aside legal standing |
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Mirasol vs ca |
The mandatory notice to the solicitor general is to decide whether or not is intervention in assailing the validity of a law is necessary . to deny his notice would be depriving him of his day in court . it is also required in any action. |
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Republic vs ca |
A legislative enactment declared unconstitutional is a total nullity and never existed but it is not always the case because it may be valid in a general import but invalid in application to some situations
Doctrine of operative fact the exception that unconstitutional law is void to the general rule only applies as a matter of equity and fair play |
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De castro vs jbc |
Shortlisting candidates by the jbc necessary for the president to appoint the chief justice. |
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Macalintal vs pet or presidential electoral tribunal |
Constitutionality of pet and the designation of its members
Pet is not separate from the supreme Court but it is independent from the judicial department
The supreme court as pet performs a judicial power |
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Aguinaldo vs aquino |
Clustering of nominees. president appoints justice to vacant position but did not heed the nomination made by clusters from jbc
Clustering of nominees in two different shortlist is unconstitutional and is a grave abuse of discretion. it should not impair the president's power to choose because clustering is used as a tool to favor a qualified nominee |
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Villanueva vs jbc |
The policy of jbc requiring 5 years of service as judges at first level courts before they can qualify to second level courts is constitutional because it is necessary to the function of jbc |
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David v. Macapagal-arroyo |
Exceptions to mootness principle: 1) grave violation of constitution 2) paramount public interest 3) for the guidance of the bench and bar 4) capable of repetition yet evading review |
