Tuesday, December 13, 2022

RA 10845, c. 2016, Anti-Agricultural Smuggling Act of 2016.

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REPUBLIC ACT No. 10845 - ANTI-AGRICULTURAL SMUGGLING ACT OF 2016.. SECTION 1. Short Title. – This Act shall be known as the “ANTI-AGRICUL...
Friday, December 9, 2022

Independent central monetary authority

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TOPIC: THE "INDEPENDENT CENTRAL MONETARY AUTHORITY" VIS-A-VIS THE PROPOSED MAHARLIKA INVESTMENT FUND ACT (MAHARLIKA SOVEREIGN WEA...
Wednesday, December 7, 2022

GSIS Provident Fund is a Trust Fund (Trust vs. Co-ownership)

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"TRUST is the legal relationship between one person having an equitable ownership in property and another person owning the legal titl...

The funds contributed to the Social Security System (SSS) created by the law are NOT PUBLIC FUNDS, but funds belonging to the members which are MERELY HELD IN TRUST BY THE GOVERNMENT.

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"It is significant to note that when Republic Act No. 1161 was enacted, services performed in the employ of institutions organized for ...

Signing bonus, when not a truly reasonable compensation

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"This Court has been very consistent in characterizing the funds being administered by SSS as a trust fund for the welfare and benefit...

Authority to sue

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"We find no legitimate and compelling reason to reverse the COA. To begin with, the instant petition is fatally defective. It was file...

SSS funds are workers' trust funds

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"THE FUNDS contributed to the SOCIAL SECURITY SYSTEM (SSS) are not only IMBUED WITH PUBLIC INTEREST, they are part and parcel of the f...
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...