Effect of Declaration of Unconstitutionality
Ans. It is not a law, there are no rights and imposes no duties and affords no protection
All acts pursuant to such provision is null and void
If illegally dismissed , position does not become vacant and new replacement is null and void
No valid appointment to a non vacant position
All commissioners appointed under Ra 8551 should be removed from office, in order to give way to the reinstatement of the petitioners.
POLICE POWER
It is regulatory in nature and the power to issue licenses or grant of bus. Permits if exercised for regulatory and not for revenue raising purpose is within the purview of this power
Construing POLICE POWER
JAI ALAI imbued with public interest and involves the exercise of police power
Construed strictly and any doubt must be resolved against the grant
Rates charged by Public Utilities like MERALCO are subject to state regulation
-When private prop. Is used for public purpose and is affected with public interest it ceases to be JURIS PRIVATI and only becomes subject to regulation
-Submission to regulation maybe withdrawn by the owner by discontinuing use BUT as long as its continue the same is subject to public regulation.
Charged by public utilities
-State protects the public against arbitrary and excessive rates while maintaining the efficiency and quality of services rendered.Balancing of investments and consumer interests.BUT does not give the state the right to prescribe rates as to deprivev the public utility as of ROI.
-The rates prescribed by the state must be one that yields a fair return on public utility upon value of the prop. Performing the service and one that is REASONBLE to public service.
NATURE OF AUTHORITY OF LGU TO ISSUE OR GRANT LICENSES
-Regulatory in nature
-Essentially in the exercise of police power of state within the contemplation of gen. welfare clause of LG Code.
Does ART. 263 of labor code which vests the Sec. of Labor the discretion to determine what industries are indispensable to nat’l interests and assume jurisdiction over disputes VIOLATES workers constitutional right to strike?
Ans.The Sec. of labor assume jurisdiction over labor dispute of said industry.It is done for the promotion of common good considering that prolonged strike or lock out can be inimical to nat’l economy
May solicitation for religious purposes be subject to prop.regulation by the state in the exercise of police power ?
Ans. Even the exercise of religion may be regulated in order that the state may protect its citizens from injury.
- State may protect its citizen from fraudulent solicitation by requiring a stranger in the community before permitting him publicly to solicit funds.
Does the corp. or individual not licensed have the right to hire licensed optometrist? Will the employmentof a qualified optometrist by a corp. go against public policy?
Ans. It was ruled that the employment of a qualified optometrist by the corp. is not against public policy UNLESS prohibited by a statute, a corp. has all contractual rights.
What powers of the state’s policies are involved in the implementation of CARL?Ans. Police power and power of eminent domain…
Friday, January 2, 2009
CHARTER CHANGED EXPOSED
At present, the issue of Charter Change was revived again. Among the prime actors this time are some members of the House of Representatives and the Senate. A parallel movement in the civil society, which has traditionally been opposed to Charter Change, was born amidst the advocacy for federalism and parliamentary form of government. Thus, an impetus for significant social change through the Constitution was generated, also perceived to be opportune and timely.
But such perception was met with opposition. Among the most prominent arguments from the opposition to charter change are the following: it is not timely (given the present socio-political context), it is designed to postpone elections and prolong stay in office by the present regime, and it will open the floodgates to social disturbance and division.
The president,s henchmen from the local government did their part by pushing for charter change in a feeble attempt to deflect the public’s attention from Lozada’s expose’. Weee they expecting that the public would suddenly forget about Lozada and focus on cha cha debates?
The revival of cha cha is clearly a diversionary tactic. But as the Philippine Daily Inquirer’s source aptly puts it, it might backfire on the government. Even former president Fidel Ramos was not able to push through with his plans to amend the constitution in 1997 because of public’s perception that it was being done to prolong his stay in power. What more with Gloria Macapagal Arroyo who is now fighting tooth and nail to be able her seat in Malacanang. It would surely enrage the public even more if and when they push for cha cha.
THUS, THE DEBATE ON THE ACCEPTABILITY OF CONSTITUTENT ASSEMBLY AS A MODE FOR CHANGING THE CONSTITUTION ALSO EMERGED AS AN IMMEDIATE CONCERN.
Therefore, in this situation, it is now imperative to enhance awareness of the issues among the people so that significant participation may be generated and genuinely democratic processes be guaranteed.
But such perception was met with opposition. Among the most prominent arguments from the opposition to charter change are the following: it is not timely (given the present socio-political context), it is designed to postpone elections and prolong stay in office by the present regime, and it will open the floodgates to social disturbance and division.
The president,s henchmen from the local government did their part by pushing for charter change in a feeble attempt to deflect the public’s attention from Lozada’s expose’. Weee they expecting that the public would suddenly forget about Lozada and focus on cha cha debates?
The revival of cha cha is clearly a diversionary tactic. But as the Philippine Daily Inquirer’s source aptly puts it, it might backfire on the government. Even former president Fidel Ramos was not able to push through with his plans to amend the constitution in 1997 because of public’s perception that it was being done to prolong his stay in power. What more with Gloria Macapagal Arroyo who is now fighting tooth and nail to be able her seat in Malacanang. It would surely enrage the public even more if and when they push for cha cha.
THUS, THE DEBATE ON THE ACCEPTABILITY OF CONSTITUTENT ASSEMBLY AS A MODE FOR CHANGING THE CONSTITUTION ALSO EMERGED AS AN IMMEDIATE CONCERN.
Therefore, in this situation, it is now imperative to enhance awareness of the issues among the people so that significant participation may be generated and genuinely democratic processes be guaranteed.
Thursday, January 1, 2009
The Economy and the Arroyo Presidency
The Economy and the Arroyo Presidency
Illegitmacy and electoral fraud
The specter of the “ Hello Garci” and its exposing the apparently direct involvement of Pres. Arroyo in electoral fraud evidently remains. Indeed this appears a given for most with 74% of Filipinos seeing truth to the accusation that GMA engaged in corruption and cheating in the 2004 elections and it is a core of illegitimacy that forever marks the Arroyo presidency. It is among the central issuesimpelling the initiation of three impeachment complaints so far.
The administration failed to use the May 2007 elections to cobble together a semblance of legitimacy and its senatorial slate was able to manage just three seats. The national level defeat was only very partially compensated for by patronage driven victories at the local level.
The vigilance of people to guard their votes and a handful of apparent electoral success by nontradional elite candidates was welcome. Still, the May elections did again confirm the brazen capture and manipulation of the country,s election by self serving elites.
The absence of electoral reforms even in the face of the system’s barefaced failures is a persistent problem which undermines the credibility evev of the approaching 2010 elections. The underlying distrust of the system in general underlies demands for credible, independent and respected COMELEC commissioners and probably a fair amount of field staff as well. The demands for electoral reforms will gain renewd urgency in 2008 and is an important area to challenge the Arroyo administration . Four of the seven Comelec slots, a critical majority, are open for the 2010 polls. Credible people are likewise needed for the 17 regional directors and, indeed, their associated bureaucracies .There is also the demand for computerization that, it is hoped, will reduce the capacity of elites in and out of power to manipulate vote counting and canvassing. There are also other electoral reforms proposed covering term limits, against political dynasties, developing the party system, strengthening the party list scheme, campaign financing and so on. The appointments are however decisive in terms of creating even a semblance of credibility and are a key test for Arroyo administration which has a dismal record in the persons of former commissioners Virgilio Garcillano and Benjamin Abalos.
Illegitmacy and electoral fraud
The specter of the “ Hello Garci” and its exposing the apparently direct involvement of Pres. Arroyo in electoral fraud evidently remains. Indeed this appears a given for most with 74% of Filipinos seeing truth to the accusation that GMA engaged in corruption and cheating in the 2004 elections and it is a core of illegitimacy that forever marks the Arroyo presidency. It is among the central issuesimpelling the initiation of three impeachment complaints so far.
The administration failed to use the May 2007 elections to cobble together a semblance of legitimacy and its senatorial slate was able to manage just three seats. The national level defeat was only very partially compensated for by patronage driven victories at the local level.
The vigilance of people to guard their votes and a handful of apparent electoral success by nontradional elite candidates was welcome. Still, the May elections did again confirm the brazen capture and manipulation of the country,s election by self serving elites.
The absence of electoral reforms even in the face of the system’s barefaced failures is a persistent problem which undermines the credibility evev of the approaching 2010 elections. The underlying distrust of the system in general underlies demands for credible, independent and respected COMELEC commissioners and probably a fair amount of field staff as well. The demands for electoral reforms will gain renewd urgency in 2008 and is an important area to challenge the Arroyo administration . Four of the seven Comelec slots, a critical majority, are open for the 2010 polls. Credible people are likewise needed for the 17 regional directors and, indeed, their associated bureaucracies .There is also the demand for computerization that, it is hoped, will reduce the capacity of elites in and out of power to manipulate vote counting and canvassing. There are also other electoral reforms proposed covering term limits, against political dynasties, developing the party system, strengthening the party list scheme, campaign financing and so on. The appointments are however decisive in terms of creating even a semblance of credibility and are a key test for Arroyo administration which has a dismal record in the persons of former commissioners Virgilio Garcillano and Benjamin Abalos.
Subscribe to:
Posts (Atom)