Sunday, June 20, 2010

Case Digest: Tolentino vs COMELEC, 1971

Hi classmates and fellow first year law students,


Enjoy!

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ARTURO M. TOLENTINO vs. COMMISSION ON ELECTIONS
G.R. No. L-34150 October 16, 1971
FACTS:
The case is a petition for prohibition to restrain respondent Commission on Elections "from undertaking to hold a plebiscite on November 8, 1971," at which the proposed constitutional amendment "reducing the voting age" in Section 1 of Article V of the Constitution of the Philippines to eighteen years "shall be, submitted" for ratification by the people pursuant to Organic Resolution No. 1 of the Constitutional Convention of 1971, and the subsequent implementing resolutions, by declaring said resolutions to be without the force and effect of law for being violative of the Constitution of the Philippines. The Constitutional Convention of 1971 came into being by virtue of two resolutions of the Congress of the Philippines approved in its capacity as a constituent assembly convened for the purpose of calling a convention to propose amendments to the Constitution namely, Resolutions 2 and 4 of the joint sessions of Congress held on March 16, 1967 and June 17, 1969 respectively. The delegates to the said Convention were all elected under and by virtue of said resolutions and the implementing legislation thereof, Republic Act 6132.
ISSUE:
Is it within the powers of the Constitutional Convention of 1971 to order the holding of a plebiscite for the ratification of the proposed amendment/s.
HELD: The Court holds that all amendments to be proposed must be submitted to the people in a single "election" or plebiscite. We hold that the plebiscite being called for the purpose of submitting the same for ratification of the people on November 8, 1971 is not authorized by Section 1 of Article XV of the Constitution, hence all acts of the Convention and the respondent Comelec in that direction are null and void. lt says distinctly that either Congress sitting as a constituent assembly or a convention called for the purpose "may propose amendments to this Constitution,". The same provision also as definitely provides that "such amendments shall be valid as part of this Constitution when approved by a majority of the votes cast at an election at which the amendments are submitted to the people for their ratification," thus leaving no room for doubt as to how many "elections" or plebiscites may be held to ratify any amendment or amendments proposed by the same constituent assembly of Congress or convention, and the provision unequivocably says "an election" which means only one.
The petition herein is granted. Organic Resolution No. 1 of the Constitutional Convention of 1971 and the implementing acts and resolutions of the Convention, insofar as they provide for the holding of a plebiscite on November 8, 1971, as well as the resolution of the respondent Comelec complying therewith (RR Resolution No. 695) are hereby declared null and void. The respondents Comelec, Disbursing Officer, Chief Accountant and Auditor of the Constitutional Convention are hereby enjoined from taking any action in compliance with the said organic resolution. In view of the peculiar circumstances of this case, the Court declares this decision immediately executory. No costs
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Week 1 of Law School: Positivity

My first week of law school was a roller coaster ride. It gives a whole meaning to the word "balance". The entire time I was joggling work, life, studies and relationships. All of them are important to me but I just can't help but complaint. I know it's not good practice and the universe may conform to my thoughts (oh boy!). The last thing I need is the universe giving me bad vibes. The only solution is just to keep trying and stay positive. 

Oh well! I guess I just need to get used to my new life now.

Monday, June 14, 2010

Heat Wave: Because Summer Sizzles


May 23, 2010. Our company celebrated the summer heat in style in Maribago Blue Waters in Mactan. It was a day of fun, fun and more fun! There were giveaways, free food and flowing drinks (thank God otherwise we could have been dehydrated). There were plenty of activities for all 4,000 plus employees. There were karaoke machines, Zorbs, games, Frisbee, kayaks and of course the main event - the dance competition and the "pageant".

I so wanted to steal this!

Being welcomed by drumbeats and dancing

Registration was a breeze. Very fast!

Dancemates

We are the biggest.

This year I decided to be more involved by joining our account's dance group. We only had 4 days to practice but I didn't care. The point was to have and I did! It sorta brought back memories of when I used to dance in college.

It was definitely a day to remember. I can't wait for next year! Convergys rocks!


The Activities



The Food

Thanks to Randy Salazar, Albert Llaguno and Edcel Suyo for posting these pictures in Facebook. Credit goes to them.

Sunday, June 13, 2010

My Top 10 Glee Moments: Season 1


Unknown to most people (outside Facebook), I am such a die-hard Gleek. I just can't get enough of Rachel's pitched voice, Mercede's soulfulness, Kurt's fabulousness, and Britney's funny comments.

As my homage to this very witty and funny show, here is my top 10 musical moments from GLEE Season 1. The top 3 videos are posted here. As for the rest, click the links to watch the videos.

By the way, I don't own nor have proprietary rights of the videos. Let's all thank FOX for all the wonderful Glee music. Buy the album!

10. Somebody to Love from The Rhodes Not Taken

9. Taking Chances from Preggers

8. Keep on Holding On from Throwdown

7. Defying Gravity from Wheels

6. It's My Life/Confessions Part II from Vitamin D

5. Halo/Walking on Sunshine from Vitamin D

4. Gives You Hell from Hell-O

3. Don't Stop Believing from the Pilot episode

video

2. Faithfully/Anyway You Want It/Lovin, Touchin, Squeezin/Don't Stop Believing from Journey to Regionals

video

1. Poker Face from Theatricality

video

Excited

June 14, 2010. Tomorrow is going to be the big day! It's the first day of classes which means a new beginning for me. June 15 will be the first day of the rest of my law student life. I'm kinda anxious already of all the new people I'm going to be making. Will I like them? Will they like me? It's high school all over again!

I guess the trick here is just to be myself. I suppose I'm old enough to deal with this properly. Oh well! I'll just keep you posted.

Sunday, June 6, 2010

Attack of the Beetles at SM Cebu

June 5, 2010. I decided to help a friend shop for some business casual clothes for work. As I waited for him in SM Cebu, I stumbled upon a few cute Beetles. Don't freak out! They're not the creepy crawly types. They're the cool ones - humpback and vintage.

SM City Cebu and the Volkswagen Club sa Sugbo is holding an exhibit of old but perfectly restored Volkswagen cars. Their automotive club aims to showcase the evolution of cars through the decades (and of course, how they restored them to their glory).

The exhibit will run from June 3 to 10. The cars are displayed at the Northwing Atrium.

Here is a sneak peek:

Thursday, June 3, 2010

It's Official!!!

June 03, 2010. Today, I'm officially a Carolinian and a law student. I just got back from the University of San Carlos and I can't help but smile and stare incessantly at my new I.D. card. Somehow, it gives me fulfillment knowing that I am starting anew.

I know it's just the beginning and I have so much to prove. But still, I am damn proud! This is a challenge and ironically, it humbles me as well.

I am hoping for the best and I know I can. I am lucky to have good people helping me.