Compendia of Legal Principles

Lambino Vs. COMELEC G.R. No. 174153, October 25, 2006 Facts: The Lambino Group's initiative petition proposes changes in the 1987 Constitution thru R.A. 6735. It submit to modify the Sections 1-7 of Article VI (Legislative Department) and Sections 1-4 of Article VII (Executive Department) and by adding Article XVIII entitled "Transitory Provisions." These proposed changes will shift the present Bicameral-Presidential system to a Unicameral-Parliamentary form of government. Issue: Whether the petition has complied with the constitutional requirement. Held: First, the Initiative Petition Does Not Comply with Section 2, Article XVII of the Constitution on Direct Proposal by the People. Section 2, Article XVII of the Constitution is the governing constitutional provision that allows a people's initiative to propose amendments to the Constitution. This section states: “Sec. 2. Amendments to this Constitution may likewise be directly propo...

In Bandy Vs. Mickelson et al., 44N. W., 2nd 341, 342 ,The interpretation and application of said laws belong exclusively to the Judicial department. And this authority to interpret and apply the laws extends to the Constitution. The legislative branch may not limit or restrict the power granted to the courts by the Constitution. In Endencia v. David , 93 Phil. 696 (1953), under our system of constitutional government, the Legislative department is assigned the power to make and enact laws. The Executive department is charged with the execution of carrying out of the provisions of said laws. But the interpretation and application of said laws belong exclusively to the Judicial department. And this authority to interpret and apply the laws extends to the Constitution. Before the courts can determine whether a law is constitutional or not, it will have to interpret and ascertain the meaning not only of said law, but also of the pertinent portion of the Constitution in order to deci...