Right to information - as to standing. Note that it is a public right.

Executive privilege

Presidential communication

Deliberative process

Estrada vs Escritor

Strict neutrality vs benevolent neutrality

Three-step test

Chavez vs Gonzales

Marbury vs Madison

Judicial power - actual controversy

Judicial review - may be exercised by any court in the judicial hierarchy; determination of
constitutional validity of laws and other government acts; determination of location powers; grave
and abuse of discretion

1. Actual controversy

Jurisdiction - court cannot JP and JR without jurisdiction

Bill of Rights

- invoked against the state

- belong to the individuals, without need of state action - because the state has enormous
powers

- limitations against the exercise of the government’s enormous powers

Remedies:

Declaratory relief - RTC

Relief:

To declare as void and unconstitutional

Moot

- capable of repetition yet evading review

- transcendental importance
Voluntary cessation of the act challenged

Exceptions to standing:

- Taxpayer

- Voter

- Legislative/Legislature

- Third party standing

- Ordinary citizen (Martial Law; suspension of the privilege of the writ; litigation of a public right)

Lis Mota

- ABSCBN vs PMMMMMSI

Angara vs Electoral

- Decentralized vs Centralized

- Incidenter (constitutional question is an incident of actual controversy) vs Principaliter

Void - cannot confer any right/privilege nor cannot impose obligations

Interpretation of laws - Not to supply meaning but to draw out meaning

Doctrine vs Dogma

Andaya vs D

Disallowance

Sahod ng executive or head of agency yest

Kaya pag retired na, wala nang habol unless magsampa ang ombudsman ng kaso

Kaya I am proposing to grant COA prosecutorial powers,

Na-indoctrinate mo na ako

CHOS

Initial cases takeaways:

1. BOR protects fundamental rights from enormous state power

2. It is possible that no BOR. Absence of it doesnt take away rights inherent individuals
 In legal terms

Pero andun sila in solidarity

Parang it’s not about tactics

But about solidarity

As John Berger said, “Demonstrations are rehearsals for revolution.”

Bill of Rights

Civil Liberties

Hierarchy of Rights

- Fundamental rights - not subject to prescription

- Strict scrutiny test

- Property/economic - subject to prescription

- rational basis test

Makasiar - Marcos fanatic daw sya pero love nya laborers daw