As a general rule, no. Under the Constitution, the President does not have the so-called pocket-veto power, i.e., disapproval of a bill by inaction on his part. The failure of the President to communicate his veto of any bill represented to him within 30 days after the receipt thereof automatically […]
Legal Questions
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DEFINITION: This refers to a refusal by the President, for whatever reason, to spend funds made available by Congress. It is the failure to spend or obligate budget authority of any type (Notes: Impoundment of Funds, 86 Harvard Law Review 1505 [1973]). ARGUMENT AGAINST EXECUTIVE IMPOUNDMENT: Those who deny to […]
Three Kinds of a De Facto Government In a proper legal sense, a government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal governments and maintains itself against the will of the latter, such as the government of England […]
An enrolled bill is that which has been duly introduced, finally passed by both houses, signed by the proper officers of each, approved by the president and filed by the secretary of state.
Baselines are reference lines drawn by a coastal or archipelagic State using different methods as discussed below. They are used to measure the breadth of the territorial sea (12nm), contiguous zone (24 nm), Exclusive Economic Zone (200nm) and continental shelf (up to 350nm). Also, the waters enclosed by the baselines […]
The definition below is taken from the case of Antonio Carpio vs Executive Secretary (G.R. No. 96409) Under this doctrine, which recognizes the establishment of a single executive, all executive and administrative organizations are adjuncts of the Executive Department, the heads of the various executive departments are assistants and agents of […]
Control is defined as the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. It includes the authority to order the […]
“The President shall have the power to make appointments during the recess of the Congress, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress.” – Section 16, Article VII, 1987 Constitution Recess appointments are effective only (a) […]
Adjournment vs Recess Adjournment is the official termination of a meeting. Recess is a short break or brief intermission during a meeting. A putting off or postponing of proceedings; an ending or dismissal of further business by a court, legislature, or public official – either temporarily or permanently. If an […]
Judicial Power 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 […]
MONTHLY PAID EMPLOYEE refers to one who is paid his wage or salary for every day of the month, including rest days, Sundays, regular or special days, although he does not regularly work on these days. DAILY PAID EMPLOYEE refers to one who is paid his wage or salary only […]
A JUSTICIABLE QUESTION calls upon the duty of the courts to settle actual controversies wherein there are rights (property or personal rights) involved which are legally demandable and enforceable. It is one which is proper to be examined or decided in courts of justice because its determination would not involve […]
The power of judicial review is the power of the courts, ultimately of the Supreme Court, to interpret the Constitution and to declare any legislative or executive act invalid because it is in conflict with the fundamental law. This authority is derived by clear implication from the provisions of Secs […]
As a general rule, a complaint or information must charge only one offense, except when the law provides only one punishment for various offenses (compound and complex crimes under Art. 48 of the RPC and special complex crimes). A complaint or information that charges more than one offense is considered […]
The pardon by the offended party will not have any effect on the prosecution of the offense. Once a complaint has been filed in court, jurisdiction over the offense will be acquired and will continue to be exercised by the court until termination of the case. Pardon must be effected […]
They are: Violation of domicile Penalty on the keeper, watchman, visitor of opium den Trespass to dwelling Violation of election law (prohibiting the carrying of a deadly weapon within a 30-meter radius of polling places)