Category Archives: Elections & Constitutional Law

Cases on the National Identification (ID) System – Part 2

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This is the second part (read part 1 here) of our discussion relating to the recent talks on reviving the plan to implement a national identification (ID) system brings two cases back into the spotlight. In the first case, Ople vs. Torres, the Supreme Court struck down Administrative Order 308 which seeks to implement the “National Computerized Identification Reference System.” In the second case, Kilusang Mayo Uno vs. Director-General of NEDA, the SC upheld the validity of Executive Order 420 which adopts a unified multi-purpose ID system for government agencies.

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Cases on the National Identification (ID) System

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The recent talks on reviving the plan to implement a national identification (ID) system brings two cases back into the spotlight. In the first case, Ople vs. Torres, the Supreme Court struck down Administrative Order 308 which seeks to implement the “National Computerized Identification Reference System.” In the second case, Kilusang Mayo Uno vs. Director-General of NEDA, the SC upheld the validity of Executive Order 420 which adopts a unified multi-purpose ID system for government agencies. Let’s discuss each case, in the hope of giving our readers a brief overview how the new proposals are different from these cases. Continue reading →

The 1-Year Bar in Filing an Impeachment Complaint in the Philippines

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[The case of Franciso, Jr. vs. House of Representatives (G.R. No. 160261, 10 November 2003) involves the issue of whether or not the filing of the second impeachment complaint against Chief Justice Hilario G. Davide, Jr. with the House of Representatives falls within the one year bar provided in the Constitution. This case is the usual reference every time new impeachments complaints are filed against President Gloria Macapagal-Arroyo.]

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Writ of Amparo: Questions and Answers

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A writ of amparo is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof.

What rule governs petitions for and the issuance of a writ of amparo?

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Rule on the Writ of Amparo (A.M. No. 07-9-12-SC; full text)

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(The Supreme Court already approved the Rule on the Writ of Amparo [A.M. No. 07-9-12-SC, 25 September 2007], which is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. Here’s the full text of the Rule, which shall take effect on 24 October 2007.) Continue reading →

Duty of Mayors to Enforce Laws and Ordinances

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(Social Justice Society, et al. vs. Atienza, Jr., G.R. No. 156052, 7 March 2007; Corona, J.; First Division)

Facts: On November 20, 2001, the Sangguniang Panlungsod of Manila enacted Ordinance No. 8027, which ordinance became effective on December 28, 2001, after its publication. Ordinance No. 8027 reclassified the area described therein from industrial to commercial and directed the owners and operators of businesses disallowed under Section 1 to cease and desist from operating their businesses within six months from the date of effectivity of the ordinance. Among the businesses situated in the area are the so-called Pandacan Terminals of the oil companies Caltex, Petron and Shell.

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Emergency Powers of the Philippine President

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There’s a storm brewing over the grant of emergency powers in favor of the President to address the issue on water and power shortage in the face of a drought. Let’s not discuss the merits of such grant, but let’s discuss the Constitutional basis thereof.

Emergency, as a generic term, connotes the existence of conditions suddenly intensifying the degree of existing danger to life or well-being beyond that which is accepted as normal. Implicit in this definitions are the elements of intensity, variety, and perception. Emergencies, as perceived by legislature or executive in the United States since 1933, have been occasioned by a wide range of situations, classifiable under 3 principal heads: (a) economic; (b) natural disaster; and (c) national security.

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State of the Nation Address (SONA 2007; full text)

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(The State of the Nation Address or “SONA” is given by the President before a joint session of both houses of Congress, pursuant to Article VII, Section 23 of the 1987 Constitution, which reads: “The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.” Here’s the full text of President Gloria Arroyo’s 2007 State of the Nation Address [July 23, 2007]. See also SONA-2008; SONA 2009; SONA 2010)

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