Exogamy clause of a company/one bank case

1. That the employment qualification is reasonably related to the essential

operation of the job involved
2. That there is a factual basis for believing that all or substantial all persons
meeting the qualification would be unable to properly perform the duties of the
job.

ANTE CASE
- 5 requisites of student proceedings **

DE ALBAN CASE
- requirements of a senator
- natural born citizen
- residing in the ph
- registered voter
- literacy requirement
- nuisance candidate definition gives a clause saying that a wanna be senator
should be able to wage a national campaign (must have money)
- petitioner is a lawyer
- Section 69 of the Omnibus Election Code.
- vague or void ba ang meaning ng “nuisance candidate?”
- no, it is not vague
- no, it is not void because (LOOK IT UP MHIE)**

CASE OF GOVT OF HK
- double criminality**
- right to bail
- is extradition a criminal process? If bail can be granted in deportation cases,
we see no justification why it should not also be allowed in extradition cases.
Likewise, considering that the Universal Declaration of Human Rights applies to
deportation cases, there is no reason why it cannot be invoked in extradition
cases. After all, both are administrative proceedings where the innocence or guilt
of the person detained is not in issue. Clearly, the right of a prospective
extraditee to apply for bail in this jurisdiction must be viewed in the light of
the various treaty obligations of the Philippines concerning respect for the
promotion and protection of human rights. Under these treaties, the presumption
lies in favor of human liberty. Thus, the Philippines should see to it that the
right to liberty of every individual is not impaired.
- extradition treaty, WON there is a prima facie evidence before it will be given
to another jurisdiction; Sui generis (impeachment, declaration of martial law,
proceeding of the JBC, extradition proceeding// POTENTIAL BAR QUESTION)
- “is the right to bail a cognate right of due process” // YES

SSS CASE
- what is the SSS for? Something to look forward to the future if you retire
- universal in application basta PH Citizen
- land based vs. sea based OFW (literal meanings)
- who will pay for the SSS benefits, employers contribute of land and sea based
OFWs?
- For sea based, the one to pay are the manning agencies
- Land based OFW, the direct person or employer will be the one to pay the
contribution
- Facial Challenges Rule
- Direct relief in court even in the absence of an actual case (8 circumstances
where direct relief before the SC is available)

CASE OF PRC
- hindi siya nakapasa ng licensure
- submitted fake credentials
- filed to the BOT. Appealed to the CA
- both were invoking due process
- prior exhaustion of administrative remedies

CORONA CASE
- who is a harbor pilot?
- it will violate due process
- Yes. The order was a violation of the respondents’ property rights of their
profession. In
order to fall within the aegis of this provision, two conditions must concur,
namely, that
there is a deprivation and that such deprivation is done without proper observance
of due
process. As a general rule, notice and hearing, as the fundamental requirements of
procedural due process, are essential only when an administrative body exercises
its quasi-
judicial function. In the performance of its executive or legislative functions,
such as
issuing rules and regulations, an administrative body need not comply with the
requirements of notice and hearing. Licensure is the granting of license especially
to
practice a profession. This is a vested right. It is readily apparent that PPA-AO
No. 04-92