The Constitution

Question 1

In Re Puno (3)

Answer 1

Are the post-86 courts merely a continuation the same pre-86 legal order?
-Nope. The people rejected the old legal order.

Specifics:
Puno wanted his pre-people power CA ranking to carry over.
Ruling: It was a new legal order. EO 33 that would have preserved Puno’s ranking only applied to the new legal order.

Question 2

De Leon v Esguerra (2)

Answer 2

When does ratification occur?
Ratification is the date when the people choose (Feb 2). The date of the plebiscite not the date of the proclamation. (Otherwise open to abuse)

Question 3

Estrada v. Desierto (4)

Answer 3

Can the SC rule on People Power II?

Yes. PP I was a political question because the people rejected the whole system. Here they’re only rejecting Erap.

Question 4

Lawyer’s League v. Aquino (1)

Answer 4

Issue :
Questioning the legitimacy of Cory due to the fact that it was not under the 73 Constitution.

Ruling :
Question belonged to the realm of politics. The sovereign Filipino people were deemed as the judge when they elected Cory. It was an extralegal avenue for changing the government.