Temere Animus

Courts are constitutionally empoered to settle real legal disputes , but hypothetical or abstract questions fall outside their jurisdiction. The "actual case or controversy" rule ensures courts rule on genuine legal conflicts where parties assert opposing enforceable rights . Definition and Key Requirements 📌 An "Actual Case or Controversy" Must: ✔ Be existing and concrete , not speculative. ✔ Be ripe for adjudication , meaning all necessary facts are present. ✔ Present conflicting legal claims between parties. ✔ Avoid advisory opinions , which courts do not issue. 📌 Relevant Cases: ✔ Villafuerte, Jr. vs Robredo (G.R. No. 195390, 2014) ✔ Smart Communications, Inc. v. National Telecommunications Commission (456 Phil. 145, 2003) Mootness Doctrine and Court Limitations 📌 Courts Cannot Rule on Moot Cases ✔ If no legal relief can be granted, courts decline to decide , avoiding advisory rulings. ✔ Relevant Case: Express Telecommunications Co.,...

Evolution of Philippine Citizenship from the Spanish Regime to 1935 Defining Philippine Citizenship The concept of Philippine citizenship has evolved over time, shaped by different constitutional eras— 1935, 1973, and 1987 —and influenced by significant historical events. Tecson v. Comelec (2004) provides a detailed discussion on its origins, explaining when and how the term was first used. Citizenship During the Spanish Era ✔️ Spanish Subjects – The term "Philippine citizens" did not exist during Spanish rule. Instead, Filipinos were classified as "subjects of Spain." ✔️ Discriminatory Terminology – In colonial records, natives were referred to as “indios,” reflecting Spain’s low regard for Filipino inhabitants . ✔️ Royal Decrees Governing Citizenship: 1841 Order de la Regencia – Applied to Spanish subjects in the Philippines. 1868 Royal Decree – Defined the status of children born in the Philippines. 1870 Ley Extranjera de Ultramar – Extended Spanish...

Understanding the Principle of Separation of Powers The separation of powers is a cornerstone of democratic governance , ensuring that authority is divided among three independent branches : ✔️ Executive – Implements and enforces laws. ✔️ Legislative – Creates laws and policies. ✔️ Judiciary – Interprets laws and ensures constitutionality. The Supreme Court of the Philippines elaborated on this principle in Angara v. Electoral Commission , emphasizing that the division of powers is not only explicitly stated but also practically structured within the Constitution. Checks and Balances: Ensuring Government Accountability 📌 Executive vs. Legislative: The President checks legislative power by vetoing bills , but Congress can override a veto with a two-thirds vote. The President convenes special sessions for urgent matters. 📌 Legislative vs. Executive: The Commission on Appointments must approve key presidential appointments . A majority in Congress must ratify treaties . ...

Interpretation and Construction of the 1987 Philippine Constitution The interpretation of the 1987 Philippine Constitution follows well-settled principles derived from jurisprudence to ensure its meaning aligns with legal intent, clarity, and coherence . Principles of Constitutional Construction ✔️ Verba Legis (Letter of the Law) 📌 Constitutional provisions must be interpreted based on their ordinary meaning , unless they involve technical legal terms . ✔️ Ratio legis est anima (Spirit of the Law) 📌 Constitutional provisions should be understood in accordance with the intent of its framers to preserve its original purpose . ✔️ Ut magis valeat quam pereat (Holistic Interpretation) 📌 The Constitution must be interpreted as a unified whole , ensuring each provision complements the others rather than conflicting. ✔️ De Castro Doctrine (Positioning Doctrine) 📌 Section 14, Section 15, and Section 16 of Article VII all concern presidential appointments within the Execut...