1: Legislative Power

Question 1

David v Arroyo G.R. No 171396, May 3, 2006

Key Principle/s: Delegation of Power, Legislative Power of the Congress

Answer 1

• Supreme Court held that: legislative power is vested in the congress. This power may be delegated to the people through a people’s initiative or referendum
• The President cannot exercise emergency powers without the authority delegated by the congress. The President can only declare the existence of a National Emergency because it is part of his function as the President.

Question 2

Sanidad v Comelec. G.R. No. L-44640, October 12, 1976

Key Principle/s: Amendments, Constituent Powers

Answer 2

• Constituent Assembly has the power to propose amendments to the Constitution, although it is different from legislative power, the President can also exercise the constituent power because of absolute necessity.
• This case is no longer controlling because at present the President no longer has constituent power.
• This shows that constituent power is held in higher regard than the legislative power and should be in accordance with the procedures under the constitution.

Question 3

Liang v People, G.R. No. 125865, 28 January 2000

Key Principle/s: Legislative Power to Enact Criminal Laws.

Answer 3

• The legislative branch has the power to enact laws exempting a person from criminal jurisdiction. It is only the Congress who can enact limitations to the criminal power of the state through a treaty or a law of preferential application.
• A mere agreement between the Executive Department with a Private Entity is not a law and the Supreme Court is not bound to it.

Question 4

Chavez v Judicial and Bar Council, G.R. No. 202242, April 16, 2013

Key Principle/s: House of Representative, Senate, No Dichotomy

Answer 4

• While it is true that the House of Representatives and the Senate have different mandate or workings, when they interact with the other branches in the government then they are one branch.
• There is no dichotomy between the House of Representatives and the Senate.

Question 5

Tolentino v Secretary of Finance, 235 SCRA 630

Key Principle/s: Co-Equality, Process of Enacting a Bill

Answer 5

• Because of the co-equality of the branches of the government, the Senate can propose another version of a bill that originated from the House of Representative.

Question 6

In re: Cunanan, 94 Phil. 534

Key Principle/s: Separation of Powers, Judicial Powers

Answer 6

• Principle of separation of powers - specifically the power of the Judiciary to promulgate rules concerning the admission to the practice of law.
• The Congress cannot enact a law which encroaches the power of the Judiciary.

Question 7

Ang Nars Part List v Executive Secretary

Key Principle/s: Bill Enacted Into Law, Joint Resolutions

Answer 7

• The Constitution says that only a bill can be enacted into a law. A joint resolution may have the features of a bill, but it cannot be a bill and will not have the capability to amend an existing law.

Question 8

Belgica v Ochoa, G.R. No. 208566, November 19, 2013

Key Principle/s: Separation of Powers, Duty of the Congress, Delegation of Power, Item Veto

“potestas delegata non delegari potest”

Answer 8

• Separation of powers particularly the executive department in respect to the budget execution. Generally, the congress can enact a law and then after the enactment ends the duty of the congress.
• Non-delegation principle that the power of appropriation is vested in the congress which is the right and duty of the delegate so it cannot be further delegated. “potestas delegata non delegari potest”. Individual members of the congress cannot have the power of appropriation to identify projects and to release the amounts for that project because that is already the power of appropriation of the Congress as a body.
• It violates the Constitution as it renders the power of the President to veto useless since the nature of PDAF is lump sump which means the president can only take or leave which defeats the purpose of an item veto.

Question 9

Abakada Guro Party-list v Purisima, G.R. No. 166715, August 14, 2008, 562 SCRA 251

Key Principle/s: Oversight Functions of the Congress

Answer 9

• Congress can still exercise oversight functions which is limited to scrutiny and investigation but not control like the approval of an IRR which violates the executive departments duty to implement and enforce the law.

Question 10

Datu Micheal Abas Kida v Senate G.R. No. 19671, October 18, 2011, 659 SCRA 270

Key Principle/s: Irrepealable Laws, Express Limitations, Implied

Answer 10

• Irrepealable laws are limitations to the exercise of the legislative powers of the congress. It cannot bind another congress to a mode of repeal that is not found in the constitution or is more than what is required in the constitution.
• Irrepealable laws violates the constitution because there are express limitations when it is provided under the constitution, and there are implied limitations when the purpose of the provision is violated.