Poli _ I. Constitutional Law

Question 1

What are the areas of study under Constitutional Law I? (11)

Answer 1

1. General Principles
2. Revisions and amendments (Art. XVII)
3. Constitutional Doctrines
4. The Criteria: State and National Territory (Art. I)
5. State Principles and Policies (Art. II)
6. Legislative Department (Art. VI)
7. Executive Department (Art. VII)
8. Judicial Department (Art.VIII)
9. Constitutional Commissions (Art. IX)
10. National Economy and Patrimony (Art. XII)
11. Social Justice, Human Rights, and Education (Art. XIII and Art. XIV)

Question 2

What is Political Law? B pL

What is a constitution? BoRM

What are the qualities of a good constitution? BBD

Answer 2

Political law is that branch of Public law that REGULATES the RelationshiP of the sovereign and the people.

Constitution is that body of rules and maxims in accordance with which the Powers of SOVEREIGNTY are habitually exercised. - Cooley

BBD - Constitution should be brief, broad, and definite.

Constitution may either be:
A. Written or unwritten; and
B. Rigid or Flexible

Question 3

What is the meaning of Constitutional Supremacy?

What you cant do Dir, yoi cant Ex Indir

Answer 3

Constitutional supremacy means that if any law, ordinance, EO, or act of governance is INCONSISTENT with the constitution, the latter shall prevail.
“What you cannot DO directly, you cannot EXERCiSE iNDIRectly” - Tawang Cooperative case
What the constitution prohibits to be done cannot be redone in a different way that will achieve the same prohibited result.

Question 4

The constitution has 3 distinct parts.
Enumerate. Explain the purpose. Name the articles it is found in the constitution.

GLS

Answer 4

Part 1 -
The constitution of Government
This part contains the STRUCTURE of government and HOW government POWERS are distributed. Found in Arts. 6, 7, & 8

Part 2-
The constitution of Liberty
This part contains the RIGHTS of the citizens to be used as PROTECTION from the awesome powers of government.
This is in Art. 3

Part 3-
The constitution of Sovereignty
This is the part that contains the METHOD on how the citizens can Revise or Amend the Constitution.
Art. 17

Question 5

The provisions of the Constitution are self-executing - True or False?

GR
214 .13

Answer 5

GR: Yes, the provisions are self-executing (w exceptions). It does not need Congressional action to be a source of right or a power.

Exception to GR:
Arts. II, XIII, & XIV have been jurisprudentially declared as non-self-executing provisions of the Constitution.
Hence, they need further Congressional action to be a source of a power, right or an obligation.

Exception to the exception:
There are provisions in ARts 2-13-14 which are complete in themselves and no longer require Congressional action to take effect. In other words, there are self-executing provisions in Arts 2-13-14.

Question 6

What are the 3 rules of Constitutional Statutory construction? (used to ascertain the intent of the framers of the constitution)

PIT rules

Answer 6

1. Verbal legis rule or ‘ the plain meaning rule’
2. Ratio legis est anima or ‘ the intention rule’
3. Ut mais vleat guam pereat or the ‘ totality rule’

Question 7

Distinguish Revision vs Amendment (Article XVII)

COB v PC

Answer 7

To revise means a COMPLETE OVERHAUL of the constitution that would change fundamentalBasic structures and systems of the State.

To amend connotes a PIECEMEAL CHANGE in the Constitution without substantially affecting other provisions of the constitution.

Question 8

Revisions and Amendments:
Distinguish Quantitative test vs Qualitative test

Answer 8

Quantitative test - it asks whether the proposed change is so extensive in its provisions as to change directly the ‘substantial entirety’ of the constitution by the deletion or alteration of numerous existing provisions.

Here, the court examines ONLY the NUMBER of provisions Affected
and
does NOT Consider the DEGREE of the change.

Qualitative test - It asks whether the change will Accomplish FAR-reaching changes in the Nature of our basic GOVernmental PLAN as to Amount to a REVISION.

Question 9

How to make a constitutional Change?

Differentiate these 3 modes.

Concon
Conass
Pi

Answer 9

Either through;
1. Constitutional convention
2. Congress through Constituent Assembly
3. People’s initiative

A. As to the type of change: Peoples’ initiative can only be used for Amendments. The other two may be employed for Amendment and/or Revision

B. As to the Votes required:
Concon requires 2/3 votes of Congress or Majority votes to submit to electorate the question of calling such ConCon

ConAss requires 3/4 votes of All members of Congress

PI - requires petition from AT LEAST 12% of the total number of registered voters, of which Every legislative district Must be represented by at least 3% of the registered voters therein.

C. Plebiscite requirement - required for all 3 - plebiscite to be held Not earlier than 60 days Nor Later than 90 days after the approval of such change (in case of PI, it is After Certification by COMELEC of the sufficiency of the petition)

Note: Lack of budget cannot stop the exercise of the people’s power of initiative and referendum.

Question 10

What are the 7 basic constitutional Doctrines?

Sep
C&B
Blend
nD oP
pD x
PQ
Trans

Answer 10

1. Separation of powers doctrine - demarcation of the 3 fundamental powers of government
2. Check and balances doctrine - to temper the official acts of the 3 branches of govt
3. Blending of powers (doctrine of interdependence) - there is a degree of blending or admixture of the 3 branches of government.
4. non-delegation of powers doctrine - the delegated power is Not just a Right but also a Duty to be performed by the Delegate
5. Powers delegated Cannot be further delegated -
   Exceptions: a) Delegation in favour of LGU; b) delegation in favor of administrative agencies; c) Delegation in favor of the people; d) delegation in favor of President in exercise of emergency powers
6. Political question doctrine - these are the questions to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been DELEGATED to the legislative or executive branch
7. Transcendental Importance doctrine - this is a judicial construct which has 2 variants;
   a) 1st variant states that courts may decide in a case even though the person who instituted it has no legal standing IF THE issues raise are of transcendental importance;
   b) 2nd variant states that if the issues raised are of transcendental importance, courts may recognize a person’s standing

Question 11

GR: Powers delegated cannot be further delegated.

What are the requisites so the President can DELEGATE the exercise of Emergency powers? (4)

WLtd R Pol

What are the 2 tests to check whether there is a Valid Delegation of powers?

Ct & SSt

Answer 11

1. there must be a WAR (or other EMERGENCY)
2. delegation must only be for a LIMITED PERIOD
3. delegation must be subject to RESTRICTIONS Congress may prescribe
4. Emergency powers must be exercised to carry out a NATIONAL POLICY

2 tests (permissible delegation when it comply with these 2 tests)
1. Completeness test - law must be complete with all the terms and conditions such that the delegate will ONLY has to Enforce it. AND
2. Sufficient standard test - there must be limitations to the delegate’s authority to prevent him from abusing the power

Question 12

State and National Territory (Article I)

What are the 4 criteria for a State? PTGC

State and National Territory
What is an association?

Answer 12

1. permanent population
2. defined territory
3. government
4. capacity to enter into relations with other states

An association is formed when 2 STATES of unequal power voluntarily establish durable links. In the basic model, one state, the associate, delegates certain responsibilities to the other, the principal, while maintaining its international status as a state.

An associative relationship between the Bangsamoro Judicial entity and the Philipine state is not supported by the Constitution and is in fact contrary to the fundamental law.

Question 13

State and National Territory (Article I)

What are the 3 fundamental powers of the State?

Answer 13

1. Police power - power to create laws REGULATING the person’s liberty or property rights for the Purpose of PUBLIC safety, good, health, and customs.
2. Eminent domain - the power to Take PRIVATE property for public use After payment of JUST Compensation
3. Taxation - power to Demand proportional CONTRIBUTION LEVIED FROM Persons or Property to meet/cover the expenses of the government

Question 14

Art I - State and National territory
International Law

What is the doctrine of auto limitation?

Answer 14

This doctrine emphasizes a situation wherein the STATE through the legislature IMPOSES SELF-LIMITATION on the EXERCISE of its PoweR out of respect for the relations that it created.

Hence, international law is binding on the State because States have restricted their powers through the process of auto-limitation.

Question 15

State and National Territory (Article I)

De facto government - what is the logic behind? To Ex ToC o pop&ter

What are the 3 types of de facto governments?

Recognizing a de facto government can help prevent a power vacuum, which can lead to further instability and conflict.

Answer 15

The legal concepts of ‘statehood’ and ‘de facto governments’ are Used for Examining a) the type of CONTROL those political entities exercise over their population and territory; AND b) their RELATIONSHIP with the international community.

1) De facto in a proper legal sense is a government that gets possession and control, (by force or by voice of majority), the RIGHTFUL LEGAL+
- government.

2) Government of paramount force is that which is established and maintained by MILITARY forces who occupy enemy territories

3) Breakaway government is that government established as an INDEPENDENT government by the inhabitants of a country who rose in insurrection against the parent state

Question 16

State and National Territory (Article I)

What is Archipelagic doctrine?

Grp of I consdrd as 1 unit
W abc Islands Form p o iw

Answer 16

Under UNCLOS, an archipelago shall be considered as one unit rather than a fragmented group of islands.

Thus, the waters around, between, and connecting the islands, regardless of breadth or dimension form part of the internal waters of the Philippines.

Question 17

State and National Territory (Article I)

Normal baselines vs Straight baselines (UNCLOS)

Methods

Answer 17

The normal baseline for measuring the breadth of the territorial sea is the low water line along the coast as marked on large-scale charts officially recognized by the coastal State.

On the other hand, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured.

Question 18

State and National Territory (Article I)

What is the “Royal Prerogative of Dishonesty”? State cant b S

What are the forms of Consent that the State may give: (2)

Answer 18

This is the general rule stating that The State cannot be sued.

Exceptions
1. When the state consents
2. The doctrine of state immunity cannot be used to perpetuate injustice

The state may give (a) Express consent and/or (b) Implied consent, eg. When the government enters in a contract that is ‘ jure gestonis ‘

Question 19

State and National Territory (Article I)

Suability vs Liability

Answer 19

Suability is different from Liability.

Waiver of one does not carry the waiver of the other

Question 20

State and National Territory (Article I)

What is functional immunity? (Liang vs People)

Answer 20

It means that immunity of International Organizations and their officers/employees are only available if the actions are related to their functions.

Question 21

State Principles and Policies (Art. II)

What are the essential characteristics of Republicanism? (3)

RAT

Answer 21

Representation
Transparency &
Accountability

Question 22

State Principles and Policies (Art. II)

Doctrine of Incorporation vs Doctrine of Transformation
a) What is adopted
b) How are they adopted

Answer 22

Incorporation adopts Generally accepted principles of international law while Transformation adopts Treaties.

How — The generally accepted principles of international law are automatically made part of the laws of the land (Incorporation)

While in transformation:
Domestic Legislation: The treaty’s provisions are incorporated into domestic law through legislation enacted by the country’s legislature

Question 23

State Principles and Policies (Art. II)

Wha is the exception to the citizen’s right against involuntary servitude?

Answer 23

The state power to call on its citizen to the protection of the state.

Question 24

State Principles and Policies (Art. II)

What is the rule on the provisions on Health & Healthful Ecology?

The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Answer 24

These are self-executing provisions, as it is complete and no need for Congressional action to be enforced.

Question 25

State Principles and Policies (Art. II) What are the rules for 1) Policy of Full Public Disclosure 2) Right to access to information

Answer 25

Public Disclosure a) Mandatory for the department to disclose b) Only for transactions involving public interest Access to information a) There must be a Demand/Request for one to gain access to documents and papers of the department b) Broader in scope as it covers ANY material in Official communications and Public documents

Question 26

Legislative Department (Art. VI) What are the general powers of Congress? Define.

Answer 26

Legislative power is the power to create, modify and repeal laws. Non-Legislative power is the power granted by the Constitution that does not involve law making. This includes; a) power to declare war b) power to act as Board of Canvassers in election of President c) power to call a special election for President and VP d) power to judge the President's physical fitness e) power to confirm nominations made by the President f) power to revoke, shorten or extend suspension of the privilege of the writ of habeas corpus or the declaration of martial law g) power to concur in Presidential amnesties, AND h) power to concur in treaties

Question 27

Legislative Department (Art. VI) Discuss Membership of Congress - ( Senators, District Representatives vs Party-list representatives) Basis 1. Composition 2. Term 3. Term limit 4. Qualifications

Answer 27

1. 24 Senators vs. 80/20 District representatives/Party-list 2. 6 years vs 3 years vs 3 years 3. 2 consecutive terms vs 3 consecutive terms vs 3 consecutive terms 4. a) All must be natural born citizens, able to read & write , & registered to vote b) At least 35 years old for senators, while 25 years old for representatives c) Resident for 2 years - Senators, while 1 year residency in the district for representatives

Question 28

Legislative Department (Art. VI) What are the parameters (rules) to participate in the party-list system? MaU

Answer 28

A. 3 different groups may participate in the party list system - 1) National parties, 2) Regional parties, & 3) Sectoral organizations. #3 may either be 'marginalized and underrepresented' or lacking in 'well-defined political constituencies'. It includes labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, and overseas workers. B. #1 & #2 do not need to represent any 'Marginalized and underrepresented' sector C. Political parties can participate provided (a) they register under party list system and (b) they do not field candidates in legislative district elections D. In #3, majority of the members Must belong to the sector they represent. Their nominees must belong to the sector or have a track record of advocacy for their respective sectors.

Question 29

Legislative Department (Art. VI) What are the 4 steps for party list allocation? Explain the 'Divisor' in the Banat case formula.

Answer 29

1. Parties must be ranked from highest to lowest based on votes earned during elections. 2. Parties with at least 2% of the total votes cast for party list system shall be entitled to one seat each. 3. Those garnering sufficient number of votes according to ranking in #1, shall be entitled to additional seats until all additional seats are allocated. 4. Each party shall only be entitled up to 3 seats. The divisor in the BANAT formula refers to all ' total votes cast for the party list system'. However, this excludes invalid votes.

Question 30

Legislative Department (Art. VI) What is gerrymandering?

Answer 30

It is the formation of one legislative district out of separate territories for the purpose of favouring a candidate (or a party). The constitution prohibits this with a mandate declaring that 'each legislative district must, as far as practicable, a contiguous, compact, and adjacent territory.'

Question 31

Legislative Department (Art. VI) What is the rule on the Privilege of speech and debate for members of Congress?

Answer 31

This privilege protects the statements made by House Members even if it is False or Malicious. (aka Parliamentary immunity) However, the disciplinary authority of the assembly and the voters (but not the courts) can properly discourage such abuses.

Question 32

Legislative Department (Art. VI) State the rule on Parliamentary non-accountability.

Answer 32

This immunity or privilege can not be invoked when the statement is made OUTSIDE sessions, hearings, or debates in Congress. To respond to media interviews is not an official function nor a component of the process of enacting laws. Hence in this instance, its not protected speech.

Question 33

Legislative Department (Art. VI) Differentiate the concepts of Incompatible office vs Forbidden office

Answer 33

Incompatible office means one may not hold any other office/employment in the government during his term without forfeiting his seat. To hold an incompatible office AUTOMATICALLY FORFEITS his seat in Congress. Forbidden office means one cannot be appointed to any Office which have been CREATED, or BENEFITS thereof INCREASED during the term he was elected. One is BARRED from assuming a position in a forbidden office even if he voluntarily forfeits his seat in Congress.

Question 34

Legislative Department (Art. VI) Electoral tribunals (sole 2 QER) vs Commission on Appointments a. Composition b. Purpose c. Jurisdiction

Answer 34

a. Electoral tribunals - SET: 3 Justice of SC plus 6 Senators based on party proportional representation. HRET: 3 Justice of SC plus 6 House members based on party proportional representation and those in party list system CA - 24 members (12 from Senate and 12 from Congress) based on party proportional representation together with party list. Senate President is the ex-officio Chair but votes only in case of a tie b. ET is the sole body to determine the qualification, election, and return of the members of Congress. CA is check-and-balance mechanism to examine the appointments made by the President. c. ET has jurisdiction over members of Congress who were proclaimed and assumed office. CA has jurisdiction over Department Secretaries, Ambassadors & Consuls, Officers of AFP with rank of of Colonel and Naval Captain and those officers whose appointments are vested in the President.

Question 35

Legislative Department (Art. VI) Hearings in Aid of Legislation vs Question Hour 1. Basis 2. Compulsory 3. Purpose Question Hour is a dedicated time in a legislative session when elected representatives can ask questions to government cabinet officials. It's a crucial mechanism for holding the government accountable to the public.

Answer 35

Basis of in Aid of Legislation is Article V1, section 21. Question hour is based on Article VI, section 22 Members of Cabinet may be compelled to attend Hearings in aid of legislation but Question hour is not compulsory to cabinet members. Purpose of hearings is the enactment of a pending or future legislation while in Question hour, it is for Congressional Oversight.

Question 36

Legislative Department (Art. VI) State the rule on Riders. irrPro

Answer 36

The constitution requires that ' a bill shall embrace ONLY ONE subject which shall be expressed in the title thereof '. This rule prohibits riders. Riders are irrelevant provisions not germane to the subject-matter of the bill.

Question 37

Legislative Department (Art. VI) The Budget phase - State the process for A. Budget preparation B. Budget legislation C. Budget execution D. Accountability

Answer 37

A. After the budget call, the agencies of the govt shall submit their individual budget proposals. These proposals will be consolidated by the DBm creating the NEP and the BoE & SoF. Upon presidential approval, DBM shall preset the budget documents (3) - a. Presidents budget message; b. BESF; & c. NEP B. This is the budget authorization phase from receipt of budget proposals of DBM to the signing of GAA by the President. C. This is the implementation of the GAA. D. Accountability is ensured through a) performance targets & outcomes; b) budget accountability reports; c) review of agency performance & d) audit by COA

Question 38

Legislative Department (Art. VI) What are the 3 components of Savings (from Budget as defined by GAA) Disc Unp Eff

Answer 38

Savings refer to the balances of appropriation free from obligation or encumbrance which are 1. still available after completion or DISCONTINUANCE of the work authorized 2. from appropriations balances arising from UNPAID COMPENSATION and related costs pertaining to vacant positions and leaves of balances without pay; and 3. from appropriations balances realized from EFFICIENCIES resulting to lesser costs

Question 39

Legislative Department (Art. VI) What are the requisites for a valid transfer under sec. 25(5) of Art VI Constitution? Is cross border augmentation allowed? Law Savings Within

Answer 39

1. there is a law authorizing the Pres, Senate Pres.... to transfer funds within their offices 2. the funds to be transferred are savings generated and 3. the purpose of the transfer is to augment an item in GAA. Cross border augmentations are prohibited because the constitution LIMITS the transfer of budget only WITHIN their respective offices and not beyond.

Question 40

Legislative Department (Art. VI) Presidential certification that the bill is urgent. Effects?

Answer 40

The certification dispenses only the reading of the bill in 3 separate days but not the requirement that members of Congress are entitled to a copy of the final form of the bill 3 days BEFORE its passage.

Question 41

Legislative Department (Art. VI) Enrolled bill vs Journal of Congress. What is the rule?

Answer 41

If there is a conflict, the enrolled bill will prevail. Exception: When the conflict relates to entries to which the Constitution itself requires to be indicated in the journals eg. the yeas an nays etc. -- then the journal shall prevail.

Question 42

Legislative Department (Art. VI) When does a bill becomes a law?

Answer 42

A bill becomes a law when a. the president Signs it into law; b. the president Vetoes the bill but such veto was overturned by Congress; or c. through presidential Inaction for 30 days from receipt of the bill for his signature.

Question 43

Legislative Department (Art. VI) Only a bill can be passed into a law. Passed resolutions cannot become law and repeal existing laws. What are the distinctions between the two?

Answer 43

A bill to be approved by Congress must pass 3 readings on separate days except if the President certifies the bill as urgent. While Congress can approve a joint resolution in one, two or 3 readings on same or separate days. A bill approved by Congress must be presented to the President for his signature or veto. A joint resolution approved by Congress does not require the President's signature or veto unless the House rules do so. The procedure in enacting a bill into law is prescribed by the Constitution while in passing a joint resolution is governed by Senate and House rules.

Question 44

Legislative Department (Art. VI) BCC or Bicameral Conference Committee - what is the role? What is the rule on veto?

Answer 44

BCC is given a wide latitude by the Congressional rules to SETTLE disagreeing versions of the bills. To harmonize conflicting provisions, BCC may even include additional provisions as long as they are GERMANE to the subject matter. This is subject to approval of both Chamber of Congress. The rule is, veto all or accept all. Exception (1) item veto; (2) Doctrine of Inappropriate provisions - Congress cannot include in a general appropriations bill matters that should be more properly enacted in separate legislation. If this happens, the inappropriate provisions inserted must be treated as an 'item' which can be vetoed by the President.

Question 45

Legislative Department (Art. VI) What are the 3 categories of Congressional Oversight?

Answer 45

1. Congressional Scrutiny - Less intense as its primary purpose is to determine the efficiency of the operation of government activities. Congress may pass resolutions for the consideration of the agency involved. 2. Congressional Investigation - More intense digging of facts. Power of Congress to conduct investigation is under sec21 Art VI Constitution 3. Legislative investigation- Allows Congress to scrutinize the exercise of delegated law-making authority, and permits Congress to retain part of that delegated authority.

Question 46

Legislative Department (Art. VI) What is the Nazareth rule (Nazareth vs Villar 2013)?

Answer 46

This rule is mirrored in Section 29(1) Art. VI which provides that "No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. This provision requires that the GAA be purposeful, deliberate and precise in its stipulations.

Question 47

Executive Department (Art. VII) Presidential Immunity - explain. Discuss the rationale FreD.UA Free f distrctn undivided atntn

Answer 47

The President cannot be sued during his term (even if the acts complained of are beyond the scope of his authority. De Lima v Duterte 2019). After his term, he can be sued. The only suit allowed against the President during his term is Impeachment. Its rationale is to assure the exercise of Presidential duties and functions is free from distraction considering that being the Chief Executive demands undivided attention. This immunity is merely a privilege. Hence it can be waived. (Soliven v Makasiar 1988) The immunity only attaches to the President during his term. It does not extend to his subordinates. The alter-ego doctrine does not lend immunity to the President's subordinates. (Sabio v Sandiganbayan 2019)

Question 48

Executive Department (Art. VII) Doctrine of Command Responsibility - explain. Elements (3) SS rel Knew Failed

Answer 48

The doctrine pertains to the responsibility of the commanders for crimes committed by subordinate members of the AFP or other persons subject to their control in international wars or domestic conflict. a. existence of superior-subordinate relationship between the accused-superior and subordinate-perpetrator of the crime b. superior knew or had reason to know that the crime had been committed c. superior failed to take reasonable measures to prevent the criminal acts

Question 49

Executive Department (Art. VII) Executive Privilege - explain. What is its purpose? Whold info fr Pub, Legis, Judi for pubint Eg. Comm bet pres & advisers

Answer 49

It is the power of the government to withhold information from the public, the courts, and the Congress. It exempts the Executive from disclosure requirements applicable to the ordinary citizen where such exemption is necessary to the discharge of important executive responsibilities. It exists to protect public interest, not to benefit a particular public official. Among others, its purpose is to assure that the nation will receive the benefit of unrestricted communication between the President and his advisers.

Question 50

Executive Department (Art. VII) Discuss the 2 kinds of Executive Privilege What are the other forms of Executive Privilege

Answer 50

Presidential Communication Privilege - pertains to communications or documents that reflect presidential decision-making which the President believes should remain confidential. Applies to decision making process of the President Deliberative Process privilege are communications which includes advisory opinions and deliberations by which government decisions are made. Applies to decision making process of Executive officials. Other forms include 1. Military and State secrets; 2. Informers Privilege; and 3. Information related to pending investigations.

Question 51

Executive Department (Art. VII) What are the 3 elements of the Presidential Communication Privilege?

Answer 51

1. Protected communication must relate to non-delegable presidential power; 2. Communication must be authored or received by a close advisor of the President or received by the President himself . There must be operational proximity; 3. the PCP remains a qualified privilege that may be overcome by a showing of adequate need such that the information sought contains important evidence which is unavailable.

Question 52

Executive Department (Art. VII) Discuss the Presidential Electoral Tribunal SC eB soleJ

Answer 52

The Supreme court sitting EN BANC shall be the sole judge of all contests relating to the elections, return, and qualifications of the President and VP. When the PET acts within its jurisdiction, it performs a judicial function and not a quasi-judicial function (Macalintal vs PET 2010)

Question 53

Executive Department (Art. VII) Powers of the Executive Department - List down 7 powers. CRAMBED

Answer 53

1. Power to appoint 2. Power of control 3. Executive clemency 4. Military power 5. Borrowing power 6. Diplomatic power 7. Residual power

Question 54

Executive Department (Art. VII) Executive power to Appoint What are the classes of appointment within this power? 4

Answer 54

1. Heads of executive departments, ambassadors, consuls, officers of AFP from rank of Colonel or Naval captain 2. All other officers whose appointments are not otherwise provided for by law 3. Those whom the president may be authorized by law to appoint 4. When Congress by law vest the appointments to the President Notes: a. Only #1 is subject to confirmation from CA. Congress cannot expand the list in #1 (Calderon v Carale 1992) b. Police directors and Chief Supt of PNP are not subject to CA confirmations as well as Chair/members of CHR. b.

Question 55

Executive Department (Art. VII) Executive power to Appoint Discuss the rule on Constitutional Prohibition on Appointments.

Answer 55

GR: There is a prohibition against Double or Multiple appointments (sec13 Art VII Consti) Exception 1. appointments allowed by law (eg. VP may be appointed in Cabinet) 2. appointments in an ex-officio capacity (eg. Sec of DOJ is ex-officio member of JBC) 3. appointive Officials may be DESIGNATED to another position provided it is ALLOWED by the Primary Function of the position

Question 56

Executive Department (Art. VII) Executive power to Appoint Distinguish "strict prohibition" vs. "General prohibition"

Answer 56

Sec13 Art VII referred to as the "strict prohibition" while section 7 Art IX-B refers to the General prohibition against double or multiple appointments. Public Interest Center v Elma 2006 While holding the positions of Presidential Legal Counsel and Chair of PCGG does NOT offend sec13 Art VII as neither falls under the enumeration, it is nevertheless invalid for violating the General prohibition under section 7 Article IX-B

Question 57

Executive Department (Art. VII) Executive power to Appoint Explain the midnight appointment ban Note that the power to appoint includes the power to remove. The removal however must be with cause and with due process.

Answer 57

Two months immediately before the next presidential elections and up to the end of his term, a President or Acting president shall not make appointments EXCEPT temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. Purpose: to allow incoming president free hand in appointing individuals. This prohibition does not apply to appointment of Justices of the SC. Neither is it applicable to appointments made by LOCAL chief executives.

Question 58

Executive Department (Art. VII) Executive power to Appoint Distinguish Ad Interim appointment vs Regular appointment a. When issued b. Effectivity c. Expiration d. When is appointment issued

Answer 58

Ad Interim is issued by the President when Congress is IN RECESS & effective IMMEDIATELY while Regular appointment is issued by the President when Congress is in SESSION & effective only upon Confirmation of the CA. Ad Interim appointment EXPIRES when appointee was disapproved or by-passed by CA. Regular appointee shall serve CO-TERMINOUS with the appointing power. In Ad Interim, appointment is issued first before the appointee is confirmed. In regular appointment, it was issued AFTER appointee was confirmed.

Question 59

Executive Department (Art. VII) Power of Control Discuss the Doctrine of Qualified political Agency or aka "alter-ego doctrine" Gr Exc3

Answer 59

This doctrine provides that acts of the department secretaries are considered as acts of the President himself, unless: a) it was later on repudiated or b) the constitution itself requires the act to be done by the President himself or c) the exigencies of the situation requires the President to act personally.

Question 60

Executive Department (Art. VII) Power of Control Distinguish Control vs. Supervision

Answer 60

Control is the power of an officer TO CHANGE or SET ASIDE what a subordinate office has done (and to substitute the judgment of the former for the latter). Supervision is the power of a superior officer to SEE TO IT that lower officers perform their functions In Accordance with the law. The power of control relates ONLY to the ACT of the Subordinate and not to the actor himself.

Question 61

Executive Department (Art. VII) Power of Control v just system What is the rule on Executive Clemency?

Answer 61

GR: The president has the power to MODERATE the Harshness of the law and to CORRECT the imperfections of the justice system. Limitations: a) Pardon can only be issued AFTER case attained finality b) Pardon cannot be applied to those convicted in impeachment proceedings c) Pardon cannot be given to those convicted of election offenses WITHOUT favourable recommendations from COMELEC d) For Amnesty, the President must secure the APPROVAL of majority of ALL members of Congress

Question 62

Executive Department (Art. VII) Power of Control What are the forms of Executive Clemency? Define.

Answer 62

1. Pardon - power of the executive to EXEMPT the individual from the punishment for the crime committed a. Absolute Pardon vs Conditional b. Total Pardon vs Partial 2. Amnesty - the blanket abolition of the offense by the government, with the legal result that those charged or convicted have the charge or conviction WIPED OUT 3. Commutation - the reduction of penalty 4. Reprieve - the postponement or delay in the execution of judgment

Question 63

Executive Department (Art. VII) Power of Control Distinguish Pardon vs Amnesty

Answer 63

Pardon looks forward - it does NOT Remove the crime conviction but removes the penalty Amnesty looks backwards - it ERASES the crime, hence there is NO Criminal and NO penalty to be imposed Pardon does not need Congressional approval. Amnesty requires Congressional concurrence. Pardon is a Private act of the President so its not a judicial notice. It must be proven using the rules of Evidence. Amnesty is a JOINT act of the Executive and Congress, thus the courts take judicial notice of amnesties. Pardon is issued to individuals charged with NON Political offenses. Amnesty is grantred in favor of individuals charged With Political offenses.

Question 64

Executive Department (Art. VII) Power of Control Can Pardon be granted in administrative cases? Its effect in criminal cases?

Answer 64

Yes - Pardon can be granted in administrative cases. However the grant of pardon in criminal cases does not carry with it the extinguishment of the civil liability arising from the offense.

Question 65

Executive Department (Art. VII) Military Power What are the 3 forms? Explain. Note that only the President can exercise the Military powers of the Constitution as Local chief executive does not have this power.

Answer 65

1. Calling out power It has 2 elements a) When it becomes Necessary on the b) Grounds of PREVENTING Lawless violence, Invasion or Rebellion. 2. Suspension of the Privilege of the writ of Habeas Corpus 3. Declaration of Martial Law It has 2 elements a) In cases of Invasion or Rebellion ( this must be actual or probable cause ); b) Public Safety requires its declaration.

Question 66

Executive Department (Art. VII) Military power Discuss the Constitutional Limitations on the 1. power to suspend the privilege of habeas corpus & 2. power to declare Martial Law

Answer 66

a. EXCLUSIVE : Power to suspend privilege of HC does NOT INCLUDE declaration of martial law and vice-versa b. 48 Hrs - within 2 days, the President MUST SUBMIT a report to Congress (oral/written). If Congress is not in session, it must convene within 24 hours After the Proclamation or Suspension, without need of a call. c. 60 Days x - the initial proclamation shall be for a period NOT MORE than 60 days d. Jointly & Majority - Congress voting jointly by a majority of all its members in regular or special session may revoke such proclamation or suspension. Congress may also extend the period if Invasion/Rebellion persist and public safety requires. e. SC may review 30 days - any citizen may ask SC to REVIEW the Factual basis of the proclamation/suspension and express its judgment within 30 days from filing. f. 3 days - during suspension of the writ of HC, any person arrested/detained shall be JUDICIALLY CHARGED within 3 days, otherwise he shall be released.

Question 67

Executive Department (Art. VII) Borrowing Power Explain.

Answer 67

The President may obtain or guarantee foreign loans in behalf of the Republic ( with the PRIOR Concurrence of the Monetary board and subject to limitations provided by law).

Question 68

Executive Department (Art. VII) Diplomatic Power - Explain Distinguish Executive Agreement vs Treaty

Answer 68

The President is the Architect of the Philippine Foreign policy. The President is vested with exclusive powers to Manage the country's INTERFACE with other States and Governments. EA doe not require approval of Senate. Treaty requires 2/3 concurrence of the Senate. EA is Less Formal instrument while Treaty is a Formal written agreement. EA covers political issues or changes in national policy while a Treaty embodies adjustments of detail to execute national policies.

Question 69

Executive Department (Art. VII) Diplomatic Power Treaty under Art VII section 21 vs Treaty under Art XVIII section 25

Answer 69

Section 21 covers the general rule regarding treaties while section 25 is specific to treaties involving foreign military, bases, facilities or troops. Under section 21, senate approval is Sufficient to Ratify the treaty while in section 25 where Foreign troops and bases are disallowed in the country except if the following conditions are met (1) its under a treaty; (2) treaty approved by Senate and Ratified by majority of votes cast by people in a national Referendum and (3) its recognized as treaty by the other party.

Question 70

Executive Department (Art. VII) Residual Power - explain

Answer 70

The powers of the president are NOT LIMITED to what are Expressly enumerated in the article on the Executive Department of the Constitution.

Question 71

Executive Department (Art. VII) Presidential Succession - explain the a) Term b) Proclamation c) Election & assumption into office

Answer 71

a. 6 year term starts 30 Jun ineligible for reelection if successor >4 year = ineligible for reelection b. election returns shall be transmitted to Congress Senate President opens all certificates in Joint Public Session, so Congress determines Authenticity and Canvass votes c. in case of equal votes, House and Senate will choose by majority but voting separately in failure of President to qualify, VP shall act as President until a President is chosen and qualified

Question 72

Executive Department (Art. VII) Presidential Succession What are the Constitutional Consequence of these status of the President? Procedure in the constitution. a) President has a serious illness b) President is temporarily incapacitated c) President has died, permanently incapacitated, resigned or Impeached d) Both President and VP are permanently incapacitated

Answer 72

d. President has Serious illness: 1) Public shall be informed of state of health; 2) Cabinet sec for National Security, DFA and Chief of AFP shall not be denied access 2) Temporary incapacity: If voluntary declaration: VP is acting President If involuntary declaration of incapacity: When MAJORITY of Cabinet members transmit to Senate President & Speaker of House, >> VP shall assume powers & duties **** President may write SP & SoH, there is no disability So Congress will decide in 48 hours, 2/3 votes to declare President unable to discharge duties, VP shall act as President.

Question 73

Judicial Department ( Article VIII ) What is Judicial power? a. Traditional definition b. Expanded definition

Answer 73

a. duty of courts to SETTLE actual controversies involving rights which are legally demandable & enforceable. b. duty of courts to DETERMINE WON there has been GADALEX on the part of any instrumentality of the Government.

Question 74

Judicial Department ( Article VIII ) Judicial Power vs Quasi-judicial power (vs Judicial Review)

Answer 74

power to determine: - what the law is - what are the legal rights of the parties - and ADJUDICATE upon the rights of the parties. vs Actions of Public ADMINISTRATIVE officers and bodies to investigate facts hold hearings and draw conclusions as basis for their Official Action and exercise Discretion of a judicial nature

Question 75

Judicial Department ( Article VIII ) What is Judicial review? Discuss the 4 elements of judicial Review a) Actual Case b) Legal standing c) Earliest opportunity d) Lis Mota * moot and academic - ceases to present justiciable controversy due to a supervening event, no practical value to act Exc. 1) grave violation of Constitution 2) capable of repetition NOTE: Locus Standi vs. Real party in Interest: - requirement in public suit vs Private Suits - right to appear in courts vs party who Stands to be B/injured by the Judgment

Answer 75

power of courts TO TEST the Validity of Executive and Legislative acts in conformity with the Constitution. a) conflict of legal rights susceptible of judicial resolution when is it ripe for adjudication? means there is an act PERFORMED by the Government & Petitioner has SUFFERED damage or in immediate Danger b) Personal & Substantial interest a party sustained or will sustain Injury from the government act challenged c) raise constitutional issue in the Pleadings d) the Cause of Action there is presumption of validity of Executive and Legislative Acts, hence, Petitioner has the burden to show that the constitutional question is CENTRAL to the Resolution of the case.

Question 76

Judicial Department ( Article VIII ) Justiciable questions? Political questions? Discuss the test whether its a Justiciable or Political question.

Answer 76

controversy ripe for judicial determination vs questions to be decided by the people in their sovereign capacity. Whether JQ or PQ: Whether there are CONSTITUTIONALLY Imposed LIMITS conferred upon the Political Body? If there are, then the courts are duty bound to examine won the instrumentality acted within such limits.

Question 77

Judicial Department ( Article VIII ) Declaration of Constitutionality - discuss the effects. a) Orthodox view b) Modern view

Answer 77

not a law, confers no rights, inoperative vs. courts do not repeal the law, but simply ignores it

Question 78

Judicial Department ( Article VIII ) What is the Operative Fact doctrine?

Answer 78

prior to the determination that a law is unconstitutional, there are actions that can not be undone or disregarded, thus given effects.

Question 79

Judicial Department ( Article VIII ) How do we safeguard that judicial Independence is maintained?

Answer 79

1. SC Chief justice and Associates justice are impeachable officers 2. SC is a constitutional court 3. SC enjoys Fiscal Autonomy: Full flexibility to allocate and use their resources to their needs and wisdom

Question 80

Judicial Department ( Article VIII ) Judicial Bar Council - discuss. a. Composition b. Representative from Congress c. Supervision d. Functions duties

Answer 80

a. - regular members (4) - ex officio > CJ, DOJ, Congress - SC Clerk of court b. though bicameral, ONLY 1 representative c. under SC supervision, so it may correct decision of JBC d. set uniform criteria

Question 81

Judicial Department ( Article VIII ) Qualifications of Magistrates a) SC Justices b) Judge RTC c) First level Judge

Answer 81

a. Natural born; 40 years old; 15 years as judge or practice of law; Proven CPii competence, integrity, probity, and independence b. natural born; 35 yo 10 years experience.. cpii c. natural born; 30 yo 5 years exp cpii

Question 82

Judicial Department ( Article VIII ) What is the Jurisdiction of the SC? What are the powers of the SC?

Answer 82

a) EOJ over cases affecting - Ambassadors & Consuls - Petitions for CPM - Petitions for QW & HC b) Review, reverse, modify on appeal or certiorari: - validity of treaty, EA, Law, ordinance or RR - legality of tax - Jurisdiction of lower courts - only question of law

Question 83

Judicial Department ( Article VIII ) Provide examples of Cases to be decided by SC EN BANC Provide examples of Cases to be decided by SC Division

Answer 83

EnBanc: - as to validity if laws, treaty, EA,or Eo - as to v of tax - when penalty is rec perp or higher SC division: - all cases matters Not otherwise provided for by law, by rules of court the division level typically addresses a broader range of civil, labor, and administrative cases.

Question 84

Judicial Department ( Article VIII ) SC Decisions - Discuss a) Form of Decisions b) Time Limit (cases) c) Rendition of judgment

Answer 84

a. Express the Facts and the Law it is based b. within 24 months from submission to SC, 12 months for collegiate courts, 3 months for all lower courts c. Resolved by Majority of Members but AT LEAST 3

Question 85

Judicial Department ( Article VIII ) What are the other powers of the Court? SC

Answer 85

1) assign temporarily judges of lower courts to other stations 2) order a change of venue to avoid miscarriage of justice 3) promulgate rules on P3, IBP 4) administrative supervision of all courts and personnel thereof

Question 86

Discuss the Constitutional Commissions (3) under Article IX a. Composition b. Qualification c. Purpose - cpa of government - to administer election, recall, initiatives, and referendum - to secure the Legitimate Use of Public Funds

Answer 86

CSC - 1 chair, 2 Comm Comelec - 1 chair, 6 comm - Majority members from IBP w 10 years law practice COA - 1 chair, 2 Comm b. Nat born 35 yo Must not have been candidates for elective position in the election immediately preceding their appointments

Question 87

Constitutional Commissions ( Art IX ) What are the safeguards to secure Independence of the ConComs?

Answer 87

Fiscal Autonomy Salary fixed by law Impeachable officers

Question 88

Judicial Department ( Article VIII ) What are the Prohibitions for members of the ConComs?

Answer 88

Disqualified to - Hold any other office - Engage in practice of profession - Engage in any business - Be Financially interested in any Contract with the Government

Question 89

National Economy and Patrimony ( Art XII ) Discuss the Regalian Doctrine ( Jura Regalia ) a) Definition b) Foundation c) Concept of Native title d) Jurisprudential support

Answer 89

a. The **Regalian Doctrine** (or **Jura Regalia**) is a legal principle in the Philippines stating that all lands not clearly classified as private property are presumed to belong to the State. This doctrine, introduced during Spanish colonization, establishes that the State is the source of any rights to land ownership, and it retains ownership of all public lands unless they have been formally reclassified or alienated to private individuals. b. Spanish colonization c. refers to PRE CONQUEST Rights to Land by Indigenous Cultural Communities and Indi People have never been Public Lands under Regalian doctrine d. Due process of law & Equal protection clause Land held by IPP under claim of Private ownership

Question 90

National Economy and Patrimony ( Art XII ) What are the requirements for Exploration, Development and Utilization of Natural Resources? ( Principles under section 2, Article XII )

Answer 90

All Natural RESOURCES are owned by the State. Natural RESOURCES cannot be Alienated by the State. *** Except for Agricultural land. Exploration Development Utilization shall be under FULL CONTROL & SUPERVISION of the State

Question 91

National Economy and Patrimony ( Art XII ) Discuss service Contracts

Question 92

National Economy and Patrimony ( Art XII ) Discuss the Prohibition Against ownership of public agricultural lands

Answer 92

4 categories of land ATIMiNA agricultural timber mineral national parks

Question 93

National Economy and Patrimony ( Art XII ) Discuss the Practice of Profession

Answer 93

Limited to Filipino citizens to resume law practice, get authority from the court to practice: - dues to ibp - professional tax - 36 hrs mcle - lawyers oath

Question 94

National Economy and Patrimony ( Art XII ) Discuss Franchises and the take-over of public utilities in times of emergency, when public interest requires

Answer 94

franchise for operation of public utility except to Citizens of Philippines or cpa 60% owned by Filo cit and subject to repeal by Congress

Question 95

Social Justice, Human Rights and Education ( Articles XIII & XIV ) CHR - discuss a) Composition b) Nature c) Powers

Answer 95

1 Chair, 4 members

Question 96

Social Justice, Human Rights and Education ( Articles XIII & XIV ) Academic Freedom - Discuss.

Answer 96

4 Freedoms Who may teach What to teach How to teach Who may study