History and Structure of PH Legal System Flashcards
Doctrine of Qualified Political Agency
AKA “Alter-Ego Principle”
-states that the acts of the department heads, when performed within the scope of their authority, are considered the acts of the President, unless the President himself/herself disapproves or reverses such acts.
(Villena vs Secretary of Interior)
Angara vs Electoral Commission FACTS
In the 1935 elections, Pedro Angara was elected as a member of the National Assembly. However, his election was contested by a losing candidate, Belmonte, who filed a petition with the Electoral Commission.
The Electoral Commission was created under the 1935 Philippine Constitution as an independent body to decide all contests relating to the election, returns, and qualifications of the members of the National Assembly.
Principle of Separation of Power
Principle established by the Constitution of separation of power into the legislative, the executive and the judicial.
Principles and Doctrines Discussed in Angara v. Electoral Commission
- Separation of Powers
- Check and Balances
- Judicial Supremacy
Angara vs Electoral Commission ISSUE
WON Angara’s contention that the Electoral Commission’s assumption of jurisdiction over his case was unconstitutional and that it violated the separation of powers between the legislative and judicial branches.
Judicial Supremacy
That judicial supremacy is but the power of judicial review in actual and appropriate cases and controversies, and is the power and duty to see that no one branch or agency of the government transcends the Constitution, which is the source of all authority.
WON Angara’s contention that the Electoral Commission’s assumption of jurisdiction over his case was unconstitutional and that it violated the separation of powers between the legislative and judicial branches.
No, he was incorrect. The Electoral Commission was properly exercising its constitutional authority when it took jurisdiction over the protest filed by Ynsua. The National Assembly’s resolution does not have the power to extend or toll the deadline for filing protests nor does it prevent a protest from being filed within the timeframe set by the Electoral Commission’s rules.
Having been filed within the time fixed by its resolutions, the Electoral Commission has jurisdiction to hear and determine the contest filed by the respondent Pedro Ynsua against the petitioner Jose A. Angara.
Villena vs Secretary of Interior FACTS
The Secretary of the Interior, acting on the instruction of the President of the Philippines, removed Villena from his position as a member of the provincial board of Laguna.
Villena challenged the legality of his removal, arguing that the President had no authority to remove him from office because his appointment was made by the provincial governor, not the President.
ISSUE in Villena v. Secretary of Interior
WON the President, through the Secretary of the Interior, had the authority to remove an appointed official of a local government unit, such as a member of the provincial board.
Yes. The power of removal is inherently executive and can be exercised by the President, even over officials appointed by other authorities, as long as the law does not expressly limit this power.
Under the doctrine of qualified political agency, the President is the chief executive, and his authority extends over the entire executive branch. Thus, the removal of officials by the President or through his secretaries is within the President’s broad powers, unless specifically restricted by law.
Doctrin in Villena v. Secretary of Interior
Doctrine of Qualified Political Agency (QPA) or the Alter-ego principle
Principle discussed in Macalintal vs Comelec
Plenary power of the State to Legislate
Facts of Macalintal v. Comelec
Macalintal filed a petition arguing that the law postponing the BSKE(RA 11935) postponing the 2022 SK Elections to December 2023 is unconstitutional, claiming that it violated the constitutional mandate that the term of barangay officials should be “for a period of three years,” and any postponement of elections effectively extends their term.
WON the postponement of the BSKE through Republic Act No. 11935 is constitutional.
No. The Constitution clearly sets the term of office for barangay officials at three years, and any legislative act that results in extending this term is beyond Congress’s plenary power.
While Congress has wide latitude in its legislative power, this authority is not absolute. The plenary power to legislate must be exercised within the bounds of the Constitution.
Why did the election still procede as planned?
The Constitution explicitly provides that elections for national officials should be held on the second Monday of May. Therefore, synchronizing the elections of these officials was not unconstitutional.
The synchronization was meant to promote efficiency, reduce costs, and avoid confusion in the electoral process. Thus, the election proceeded as planned because the Court found no constitutional or legal barriers to the synchronized elections.
What does Operative Fact Doctrine state?
states that a statute which is declared unconstitutional is inoperative only from the lime of the decision and not from the time of its purported enactment.
