Tuesday, November 29, 2022

Pork barrel system is unconstitutional

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"Conclusion The Court renders this Decision to rectify an error which has persisted in the chronicles of our history. In the final ana...

"Operative fact" doctrine

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"Consequential Effects of Decision. As a final point, it must be stressed that the Court‘s pronouncement anent the unconstitutionality...

The proper remedy to invoke the "right to information" is to file a petition for mandamus.

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"Petitioners’ Prayer to be Furnished Lists and Detailed Reports. Aside from seeking the Court to declare the Pork Barrel System uncons...

Checks and balances, veto power and accountability.

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"Checks and Balances. a. Statement of Principle; Item-Veto Power. The fact that the three great powers of government are intended to b...

Invalid delegation of legislative power

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"Non-delegability of Legislative Power. a. Statement of Principle. As an adjunct to the separation of powers principle,194 legislative...

"Separation of powers" and pork barrels

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"Separation of Powers. a. Statement of Principle. The principle of separation of powers refers to the constitutional demarcation of th...

"Res judicata" and "stare decisis"

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"Res Judicata and Stare Decisis. Res judicata (which means a "matter adjudged") and stare decisis non quieta et movere (or s...

"Locus standi" of citizens-taxpayers

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"Locus Standi. "The gist of the question of standing is whether a party alleges such personal stake in the outcome of the controv...

"Political Question" doctrine

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"Matters of Policy: the Political Question Doctrine. The "limitation on the power of judicial review to actual cases and controve...

"Moot and academic" principle, when inapplicable

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"Even on the assumption of mootness, jurisprudence, nevertheless, dictates that "the moot and academic‘ principle is not a magica...

"Actual case" and "judicial power"

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"Existence of an Actual Case or Controversy. By constitutional fiat, judicial power operates only when there is an actual case or cont...

Constitutionality of a law

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"The prevailing rule in constitutional litigation is that no question involving the constitutionality or validity of a law or governme...