POLlination Flashcards
What is a Constitution?
A Constitution is a body of rules and maxims in accordance with which powers of sovereignty are habitually exercised.
What are the parts of the 1987 Philippine Constitution?
There are 18 Articles in the Philippine Constitution, namely:
I National Territory
II Declaration of Principles and State Policies Principles
III Bill of Rights
IV Citizenship
V Suffrage
VI Legislative Department
VII Executive Department
VIII Judicial Department
IX Constitutional Commissions
X Local Government
XI Accountability Of Public Officers
XII National Economy and Patrimony XIII Social Justice and Human Rights XIV Education, Science and Technology, Arts, Culture, and Sports
XV The Family
XVI General Provisions
XVII Amendments or, Revisions
XVIII Transitory Provisions
What does a Self-Executing and a Non-Executing provision mean?
A Self-Executing provision, denotes a provision which is complete in itself and becomes operative without the aid of supplementary or enabling legislation. It is a provision that supplies a sufficient rule by means of which the right it grants may be enjoyed or protected. A Non-Executing provision, on the other hand, is that which lays down a general principle. (NACHURA, p. 4)
What is the nature of the Philippine State?
The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them (CONST. Art. II, Sec. 1)
What are the elements of a State?
The elements of a State are: 1) People; 2) Territory; 3) Government; and 4) Sovereignty. (NACHURA, p. 39-46).
What is a democratic state?
A democratic state is a state which has some aspects of direct democracy such as initiative and referendum (BERNAS, 1987 Philippine Constitution: A Comprehensive Reviewer (2011), p.56 [hereinafter BERNAS, Reviewer]).
What is a republican state?
A republican state is a state wherein all government authority emanates from the people and is exercised by representatives chosen by the people (Id).
What are the essential features of republicanism?
The following are the essential features of republicanism:
1. Representation - People are
represented since republicanism is a
representative government.
2. Renovation - Selection by the citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf, serving for a limited period only, after which they are replaced or retained at the option of their principal (NACHURA, p. 73).
What are the manifestations of republicanism?
- Ours is a government of laws and not of men
- Rule of majority
- Accountability of public officials
- Bill of Rights
- Legislature cannot pass irrepealable laws
- Separation of powers
- Non-delegation of powers
- Blending of powers.
- Checks and balances
What is the Philippine policy with regard to war?
The Philippines renounces war as ap instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations (CONST. Art. II, Sec. 2). However, it is to be noted that this provision speaks of an offensive war, not of a defensive war, the existence of which may be declared by Congress (CONST. Art. VI, Sec. 23).
State the doctrine of incorporation.
The Philippines adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations (CONST. Art. II, Sec. 2).
How is Art. II, Sec. 2 different from Art. VII, Sec. 21 of the Constitution?
Article II, Section 2 of the Constitution deals with international obligations that are incorporated, i.e., generally accepted principles of international law. Article VII, Section 21, requiring the concurrence of the Senate, deals with international obligations that become binding through ratification (Air Canada v. CIR, G.R. No. 169507, January 11, 2016).
What is the Doctrine of Incorporation?
The Doctrine of Incorporation is a method which applies, by mere constitutional declaration, international law is deemed to have the force of domestic law (Pharmaceutical and Health Care Association of the Philippines v. Duque, G.R. No. 173034, October 9, 2007).
How should conflict be reconciled if there is conflict between an international law and a local law or the Constitution?
The doctrine of incorporation dictates that rules of international law are given equal standing with, and are not superior to, national legislative enactments. Accordingly, the principle of lex posterior derogat priori takes effect. In states where the constitution is the highest law of the land, such as the Republic of the Philippines, both statutes and treaties may be invalidated it they are in conflict with the constitution.
What is civilian supremacy?
Civilian supremacy means that civilian authority is, at all times, supreme over the military (CONST. Art. II, sec. 3). The principle is based on the fact that “sovereignty resides in the people and all government authority emanates from them” (CONST. Art. II, Sec. 1).
What is the role of the Armed Forces of the Philippines (AFP)?
The AFP is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory (CONST. Art. |1, Sec. 3).
What is social justice?
Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means promoting the welfare of all the people, the adoption by the government of all the component elements of society through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through its adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est supreme lex (Calalang v. Williams, G.R. No. 47800, December 2, 1940).
Is social justice absolute?
No. Social justice cannot be invoked to trample the rights of property owners nor can it nullify a law on obligations and contracts. The social justice consecrated in our Constitution was not intended to take away rights from a person and give them to another who is not entitled thereto (Salonga v. Farrales, G.R. No. L-47088, July 10, 1981).
What is the state policy on the family?
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government (CONST, Art. II, Sec. 12).
What is the doctrine of parens patriae?
When actions concerning the child have a relation to the public welfare or the wellbeing of the child, the State may act to promote these legitimate interests. As parens patriae, the State has the inherent right and duty to aid parents in the moral development of their children, and, thus, assumes a supporting role for parents to fulfil their parental obligations (Samahan Ng Mga Progresibong Kabataan v. Quezon City, G.R. No. 225442, August 8, 2017).
What is the state policy on the youth?
The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs (CONST. Art. II, Sec. 13).
What are the distinctions between revision and amendment?
Revision broadly implies a change that alters a basic principle in the Constitution, like altering the principle of separation of powers or the system of checks and balances.
There is also revision if the change alters the substantial entirety of the Constitution. On the other hand, amendment broadly refers to a change that adds, reduces, deletes, without altering the basic principle involved. Revision generally affects several provisions of the Constitution; while amendment generally affects only the specific provision being amended (Lambino v. COMELEC, G.R. No. 174153, October 25, 2006).
How do we determine whether a proposal is an amendment or revision?
In determining whether the Lambino proposal involves an amendment or a revision, the Court considered the two-part test. First, the quantitative test asks whether the proposed change is so extensive in its provisions as to change directly the “substance entirety” of the Constitution by the deletion or alteration of numerous provisions. The court examines only the number of provisions affected and does not consider the degree of the change. Second, the qualitative test, which inquires into the qualitative effects of the proposed change in the Constitution. The main inquiry is whether the change will “accomplish such far-reaching changes in the nature of our basic governmental plan as to amount to a revision.”
What is the process of revising the Constitution?
According to Sec. 1, Art. XVII of the 1987 Constitution, any amendment or revision may be proposed by:
1. The Congress, upon a vote of three-fourths of all its Members; or
2. A constitutional convention.
What is the process of amending the Constitution?
- Proposal, which is the adoption of the suggested change in the Constitution. A proposal may come from:
a. Congress, by a vote of ¾ of all its members
b. Constitutional Convention, which may be called into existence either by a 2/3 vote of all the members of Congress, or by a majority vote of all the members of Congress whether or not to call a Convention to be resolved by the people in a plebiscite
c. The people, through. the power of initiative. (NAGHURA, p. 14), - Ratification, the process wherein the proposed amendment shall become part of the Constitution when ratified by a majority of the votes cast in a plebiscite (NACHURA, p. 16).
How many delegates does a Constitutional Convention have?
There is no fixed number in the number of delegates in a constitutional convention.
The number of delegates in the constitutional convention is to be determined by the Congress (Imbong v. COMELEC, G.R. No. L-32432, September 11, 1970).
May a plebiscite be held on the same day as the regular election?
Yes. Plebiscite may be held on the same day as the regular election, provided that the people are sufficiently. informed of the amendments to be voted upon, to conscientiously deliberate thereon, to express their willin a genuine manner (Gonzales v. COMELEC, G.R. No. L-28196, November 9, 1967).
What are the requisites for the exercise of people’s initiative?
- There must be a petition;
- Full text of the proposed changes must be in the petition itself and it may be either written on the face of the petition, or attached to it;
- Petition must be signed by at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the voters registered therein;
- There must be an enabling law;
- People’s initiative may be exercised by the people once every 5 years;
- Petition must be signed personally by the people; and
- It shall cover only amendments and not revisions (NACHURA, p. 14-15).
What are the classes of people’s initiative?
- Initiative on the Constitution - petition proposing amendments to the Constitution;
- Initiative on Statutes - petition proposing to enact a national legislation; and
- Initiative on Local Legislation - petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance (R.A. No. 6735, Sec. 3(a)).
What is indirect initiative?
Indirect initiative is the exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action (R.A. 6735, Sec. 3(b)).
What is referendum?
Referendum is the power of the electorate to approve or reject legislation through an election called for that purpose (R.A. No: 6735, Sec. 2 (c))
What are the classes of referendum?
- Referendum on Statutes - petition to approve or reject an act or law or part 2.
- Referendum on Local Laws - legal process whereby the registered voters of thereof, passed by Congress (CONST. Art. Vil Sec: 32) and the local government units may approve, amend, or reject any ordinance enacted by the Sanggunian (LGC, Sec. 126).
TERRITORIAL SEA
The territorial sea is a belt of sea outwards from the baseline and up to 12 nautical miles beyond. The width of this territorial belt of water has been the subject of much disagreement. The original rule was the “cannon shot” rule, that is, the width of water was measured in terms of the range of shore-based artillery. Later this became the three-mile rule. The three-mile rule has now been discarded in favor of the twelve-mile rule now found in Article 3 of the 1982 Law of the Sea.
(Art. 3, United Nations Convention on the Law of the Sea)
OUTER LIMIT OF THE TERRITORIAL
SEA
The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea. (Art. 4, United Nations Convention on the Law of the Sea)
INTERNAL WATERS
- Except as provided in Part IV, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State.
- Where the establishment of a straight baseline in accordance with the method set forth in Article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters. (Art. 8, United Nations Convention on the Law of the Sea)
CONTIGUOUS ZONE
The contiguous zone is an area of water not exceeding 24 nautical miles from the baseline. It thus extends 12 nautical miles from the edge of the territorial sea. The coastal state exercises authority over that area to the extent necessary to prevent infringement of its customs, fiscal, immigration or sanitation authority over its territorial waters or territory and to punish such infringement. (Art. 33, United Nations Convention on the Law of the Sea)
EXCLUSIVE ECONOMIC ZONE
(PATRIMONIAL SEA)
The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. (Art. 55, United Nations Convention on the Law of the Sea)
RIGHTS, JURISDICTION AND DUTIES OF THE COASTAL STATE IN THE EXCLUSIVE ECONOMIC ZONE
- In the exclusive economic zone, the
coastal State has:
(a) sovereign rights for the purpose of
exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;
(b) jurisdiction with regard to:
(i) the establishment and use of artificial islands, installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention. - In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention. (Art. 56, United Nations Convention on the Law of the Sea)
BREADTH OF THE EXCLUSIVE
ECONOMIC ZONE
The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. (Art. 57, United Nations
Convention on the Law of the Sea)
RIGHTS AND DUTIES OF OTHER STATES IN THE EXCLUSIVE ECONOMIC ZONE
- In the exclusive economic zone, all States, whether coastal or land-locked, enjoy the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.
- Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.
- In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part. (Art. 58, United Nations
Convention on the Law of the Sea)
CONTINENTAL (ARCHIPELAGIC) SHELF
The continental shelf, archipelagic or insular shelf for archipelagos, refers to:
(a) the seabed and subsoil of the submarine areas adjacent to the coastal state but outside the territorial sea, to a depth of two hundred meters or, beyond that limit, to where the depth allows exploitation; and
(b) the seabed and subsoil of areas adjacent to islands. (Art. 76, United Nations Convention on the Law of the Sea)
Note: The coastal state has the right to explore and exploit its natural resources, to erect installations needed, and to erect a safety zone over its installations with a radius of 500 meters. The right does not affect the right of navigation of others. Moreover, the right does not extend to non-resource material in the shelf area such as wrecked ship and their cargoes. (Art. 77, United Nations Convention on the Law of the Sea)
What is the Doctrine of Separation of Powers?
The Doctrine of Separation of Powers refers to the constitutional demarcation of the three fundamental powers of government. To the legislative branch of government, through Congress, belongs the power to make laws; to the executive branch of government, through the President, belongs the power to enforce laws; and to the judicial branch of government, through the Court, belongs the power to interpret laws. Because the three great powers have been, by constitutional design, ordained in this respect, “each department of the government has exclusive cognizance of matters within its jurisdiction, and is supreme within its own sphere” (Belgica v. Ochoa, G.R. No. 208566, November 19, 2013).
What is the principle of blending of powers?
Blending of powers is necessary to properly address the complexities brought about by a rapidly developing society and which the traditional branches of government have difficulty coping with. Although the principle of separation of powers must be observed, it does not necessarily follow that an entire and complete separation is either desirable or was ever intended, for such a complete separation would be impracticable if not impossible; there may be-and frequently are-areas in which executive, legislative, and judicial powers blend or overlap; and many officers whose duties cannot be exclusively placed under any one of these heads (Ople v. Torres, et.al., G.R. No. 127685, July 23, 1998).What are the examples of the principle of blending of powers?
What are the examples of the principle of blending of powers?
1. The President prepares a budget and the Congress enacts an appropriation bill pursuant to that budget (CONST. Art. VII, Sec. 22);
2. The President enters into and ratifies a treaty with other States and the Senate concurs with the same (CONST. Art. VII, Sec. 21); and
3. The grant of amnesty by the President is subject to the concurrence of a majority of all the members of the Congress (CONST. Art. VII, Sec. 19, par. (2)).
What is the doctrine of checks and balances?
This is a mechanism by which one department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments (NACHURA, p. 97). However, the Supreme Court is the final arbiter to determine whether there has been an encroachment between the branches (Angara v. The Electoral Commission G.R. No. L-45081, July 15, 1936).
Why is the doctrine of state immunity also available to foreign states?
The doctrine of State immunity is also available to foreign States in so far as they are sought to be sued in the courts of the local State (Syquia v. Lopez, G.R. No. L-1648, August 17, 1949). Immunity is enjoyed by all States consonant with the public international law principle par in parem non habet imperium that all states are sovereign equals and cannot assert jurisdiction over one another (Minucher v. CA, G.R. No. 142396, February 11, 2013).
When may there be a waiver of state immunity?
In order that a suit may lie against the State, it must give its consent, whether express or implied (DOTC v. Spouses Abecina, G.R. No. 206484, June 29, 2016).
How may the State give its express consent to be sued?
Express consent may be made through a general law or a special law. In this jurisdiction, a general law waiving the immunity of the state from certain suits is found in Act No. 3083.
How may the State give its implied consent to be sued?
(PBSI)
1.When the State enters into a Private contract, unless the contract is only incidental to the performance of a government function. This concept of restrictive theory holds that the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii, but not with regard to private acts or acts jure gestionis (Republic of indonesia.v. Vinzon, G.R. No. 154705, June 26, 2003);
- When the State enters into an operation that is essentially a Business operation, unless the business operation is only incidental to the performance of a governmental function, as”for instance, arrastre service (Mobil Philippines v. Customs Arrastre Service, G.R. No. L-23139, December 17, 1966);
3.When the state Sues a private party, it becomes vulnerable to counterclaim, unless the suit is entered into only to resist a claim (Lim v. Brownell, G.R. No. L-8587, March 24, 1960); and
- When the application of the doctrine of state immunity would serve as an instrument for perpetrating an Injustice to a citizen, as when the State enters and takes possession of a private property without just compensation and without first initiating regular expropriation proceedings (DOTC v. Spouses Abecina, G.R. No. 206484, June 29, 2016).
What is the scope of the consent that may be given by the State?
Where the State gives its consent to be sued by private parties either by general or special law, it may limit the action only up to the completion of proceedings anterior to the stage of execution and that the power of courts ends when the judgment is rendered, since government funds and properties may not be seized under writs of execution or garnishment to satisfy such judgments. Disbursements of public funds must be covered by the corresponding appropriation as required by law (Republic v. Villasor, G.R. No. L30671, November 28, 1972).
Before levy on execution may proceed, a claim for payment of the judgment award must first be filed with the COA, which has the primary jurisdiction to examine, audit, and settle “all debts and claims of any sort” due from or owing the Government or any of its subdivisions, agencies, and instrumentalities, including Government-owned and/or controlled corporations (GOCCs) (Agra v. COA, G.R. No. 167807, December 6, 2011).
What are the rules regarding garnishment or levy of government funds in government depository?
As a general rule, government funds deposited with PNB or authorized depositories cannot be subject to garnishment (PNB v. Pabalan, G.R. No. L-33112, June 15, 1978).
Exceptions:
- Where law or ordinance has already been enacted appropriating a specific amount to pay a valid governmental obligation;
- Funds belonging to government corporations which can sue and be sued that are deposited with a bank (Municipality of San Miguel, Bulacan v. Fernandez, G.R. No. L-61744, June 25, 1984); or
- If the funds belong to a public corporation or a GOCC which is clothed with a personality of its own, separate and distinct from that of the government, then its funds are not exempt from garnishment (National Housing Authority v. Heirs of Isidro Guivelondo, G.R. No, 154411, June 19, 2003).
What are the rules regarding payment of interests by Government in money judgments against it?
As a general rule, the government cannot be made to pay interests.
Exceptions:
- Expressly stipulated (Sarasola v. trinidad, G.R. No. 14595, October 11, 1919);
2.Eminent domain
3.Erroneous collection of taxes (Sarasola v. Trinidad, supra); or
4.Where the government agrees to pay interest pursuant to law (Sarasola v. Trinidad, supra).
- When the application of the doctrine of state immunity would serve as an instrument for perpetrating an Injustice to a citizen, as when the State enters and takes possession of a private property without just compensation and without first initiating regular expropriation proceedings (DOTC v. Spouses Abecina, G.R. No. 206484, June 29, 2016).
What is the rule on the Delegation of Powers?
The rule is potestas delegate non delegari potest - what has been delegated cannot be delegated. It is based upon the ethical principle that such delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another (Abakada Guro Party List v. Ermita, G.R. No. 168056, September 1, 2005).
When is delegation of powers permissible?
(PETAL)
1.Delegation to the People at large, such as:
a. System of initiative and referendum (CONST. Art. VI, Sec. 32 and The Initiative and Referendum Act (R.A. 6735)); and
b. Requirement of plebiscite in the creation, division, merger, and abolition of LGUs (CONST. Art. X, Sec. 10);
2.Emergency Powers of the President (CONST. Art, VI Sec. 23(2));
3.Tariff Powers of the President (CONST. Art. VI, Sec. 28(2));
4.Delegation to Administrative Bodies of the power of subordinate legislation (Gerochi v. DENR, G.R. No. 159796, July 17, 2007); and
5.Delegation to Local Government Units (People v. Vera, G.R. No. L-45685, November 16, 1937).
What are the tests for a valid delegation?
- Completeness test - the law is complete when ti sets forth therein the policy to be executed, carried out, or implemented by the delegate; and
- Sufficient standard test - to be sufficient, the standard must specify the limits of the delegate’s authority and identify the conditions under which the legislative policy so announced is to be implemented (Abakada Guro Partylist v. Purisima, G.R. No. 166715, August 14, 2008).
Both tests are intended to prevent a total transference of legislative authority to the delegate, who is not allowed to step into the shoes of the legislature and exercise a power essentially legislative (Eastern Shipping Lines v. POEA, G.R. No 76633, October 18,1988)
What are the inherent powers of the state?
- Police Power;
- Power of Eminent Domain; and
- ThePower of Taxation.
They are considered inherent because they belong to the very essence of government and without them no government can exist. A constitution does not grant these powers (BERNAS, p.23). They are supposed ot co-exist with the State. The moment the State comes into being, ti si deemed invested with these three powers as its innate attributes (CRUZ, Law on Public Officers, supra at 80).
What is Police Power?
Police Power pertains to the state’s authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare (Edu v. Ericta, G.R. No. L-32096 October 24, 1970). tI is the most pervasive, the least limitable, and the most demanding of the three fundamental powers of the State. The justification is found in the Latin maxims salus populi est suprema lex (the welfare of the people is the supreme law) and sic utere tuo ut alienum non laedas (so use your property as not to injure the property of others). As an inherent attribute of sovereignty, which virtually extends to all public needs, police power grants a wide panoply of instruments through which the State, as parens patriae, gives effect to a host of its regulatory powers (Gerochi, et al., v. DOE, G.R. No. 159796, July 17, 2007).
What are the characteristics of Police Power?
Police Power has been properly characterized as the most essential, insistent, and the least limitable of al powers, extending as it does to al the great public needs (Ermita- Malate Hotel and Motel Operators Ass’n., Inc., v. City Mayor of Manila, G.R. No. L-24693, July 31, 1967).
What are the basic limitations on the exercise of Police Power?
1.Due Process Clause; and
2.Equal Protection Clause (CONST. Art. Il, Sec. 1).
What are the requisites for the valid exercise of Police Power?
- Lawful subject - the power wil be exercised to promote the interests of the public in general, as distingüished from those of a particular class.
- Lawful means - the means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals (Planters Products, Inc., v. Fertiphil Corporation, G.R. No. 156278, March 29, 2004).
What are the tests to determine the validity of an ordinance?
For an ordinance to be valid, it must not only be within the corporate powers of the local government unit ot enact and pass according to the procedure prescribed by law, it must also conform to the following substantive requirements:
(CUP2GU)
- Must not Contravene the Constitution or any statute;
- Must not be Unfair or oppressive;
- Must not be Partial or discriminatory;
- Must not Prohibit but may regulate trade;
- Must be General and consistent with public policy; and
- Must not be Unreasonable (White Light Corporation v. City of Manila, G.R. No. 122846, January 20, 2009).
What is the power of Eminent Domain?
The inherent power of the State to take or appropriate private property for public use. The Constitution requires that private property shal not be taken without due process of law and payment of just compensation (Manila Memorial Park v. Sec of DSWD, G.R. No. 175356, December 3, 2013).
How is just compensation computed in cases of partial expropriation?
The formula for determination of just compensation is consequential damage to the property not taken minus consequential benefits to the property taken plus the fair market value (FMV) of the property i.e. [(Consequential Damage - Consequential Benefits) + FMV. However, in no case shall the owner be deprived of the fair market value of his property (RULES OF COURT, Rule 67, Sec. 6).
Note: The Local Government Code provides that the amount to be paid for the expropriated property shall be determined by the proper court based on the FMV at the time of taking of the property.
Is the power to expropriate inherent in Local Government Units (LGUs)?
No. Before LGUs can exercise the right, some law must exist conferring the power upon it. The conditions before an LGU may exercise eminent domain are:
1.That a law or authority exist for the exercise of the right of eminent domain; and
2.That the right or authority is being exercised in accordance with the law (City of Manila v. Chinese Community of Manila, G.R. No. 14355, October 31, 1919).
May the Power of Eminent Domain be used as an implement of Police Power?
Yes. There are traditional distinctions between the Police Power and the Power of Eminent Domain that logically preclude the application of both powers at the sametime on the same subject. Recent trends, however, would indicate not a polarization but a mingling of the police power and the power of eminent domain, with the latter being used as an implement of the former. (Association of Smal Landowners ni the Philippines, Inc., v. Secretary of Agrarian Reform, G.R. No. 78742, July 14, 1989).
What are the qualifications of a Senator?
(N35-RAW-VR2)
- Natural-born citizen of the Philippines;
- At least 35 years of age on the day of the election;
3.Able to Read And Write;
- Registered Voter; and
- Resident of the Philippines for not less than 2 years immediately preceding the day of the election (CONST. Art. VI, Sec. 3).
How long is a Senator’s term of office?
The term of office of the Senators shall be 6 years and shall commence, unless otherwise provided by law, at noon on the 30th day of June next following their election.
No Senator shall serve for more than 2 consecutive terms. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the ful term for which he was elected (CONST. Art. VI, Sec. 4).
What is the composition of the House of Representatives (HOR)?
The HOR shall be composed of not more than 250 members unless otherwise fixed by law, consisting of:
- District Representatives - elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area (CONST. Art. V,I Sec. 5, par. (1)); and
- Party-list Representatives - shall constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties of organizations. (CONST. Art. VI, Sec. 5 (1), (2); R.A. No. 7941, otherwise, known as “The Party-List System Act”).
May Congress increase its membership by passing a law?
The Constitution clearly provides that Congress shall be composed of not more than 250 members, unless otherwise fixed by law. As thus worded, the Constitution did not preclude Congress from increasing its membership by passing a law, other than a general reapportionment of the law (Mariano v. COMELEC,G.R, No. 118577, March 7, 1995).
What is the term of office of the members of the HOR?
The Members of the HOR shall be elected for a term of 3 years which shall begin, unless otherwise provided by law, at noon on the 30th day of June next folowing their election. No Member of the HOR shall serve for more than 3 consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption ni the continuity of his service for the ful term for which he was elected (CONST. Art. VI, Sec. 7).
What are the qualifications of a District Representative?
(N25-RAW-VR1)
- Natural-born citizen of the Philippines;
- At least 25 years of age on the day of the election;
- Able to Read And Write;
- A registered Voter in the district in which he shall be elected; and
- Resident of the district in which he seeks to be elected for a period of not less than 1 year immediately preceding the day of the election (CONST. Art. VI, Sec. 6).
What is the difference between domicile and residence?
Residence is used to indicate a place of abode, whether permanent or temporary; domicile denotes a fixed permanent residence to which, when absent, one has the intention of returning. A man may have a residence in one place and a domicile in another. Residence is not domicile, but domicile is residence coupled with the intention to remain for an unlimited time. Aman can have but one domicile for the same purpose at any time, but he may have numerous places of residence. His place of residence is generally his place of domicile, but it is not by any means necessarily so since no length of residence without intention of remaining wil constitute domicile (Romualdez-Marcos .v COMELEC, G.R. No. 119976, September 18, 1995).
What are the parameters in the election of party-lists?
1.The 20% allocation - 20% of the total membership of the House of Representatives is the maximum number of seats allocated for party-list representatives. In other words, there is one party-list seat for every four legislative districts seat.
2.The 2% threshold - A guaranteed seat for a party-list organization garnering 2% of the total votes cast. The guaranteed seats shall be distributed in a first round of seat allocation to parties that receive at least two percent of the total party-list votes.
3.Proportional representation - The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the party- list organizations including these that received less than 2% of the total votes.
4.The three-seat cap - Each qualified party, regardless of the number of votes ti actually obtained, is entitled only to a maximum of 3 seats (Banat v. COMELEC, G.R. No. 179295, April 21, 2009).
What are the qualifications of a Party List Nominee?
(N25-RAW-VR1-M)
- Natural born citizen;
- At least 25 years of age on the day of the election, or in case of a nominee of the youth sector, he must at least be 25 but not more than 30 years old on the day of the election;
- Able to Read And Write;
- A registered voter,
- A Resident of the Philippines for a period of not less than 1 year immediately preceding the day of the election, and
- A bona fide Member of the party or organization which he seeks ot represent for at least 90 days preceding the day of the election (R.A. No. 7941, Sec. 9).
What is the effect of a change in affiliation of any elected party-list representative?
Any elected party-list representative who changes his political party or sectoral affiliation during his term of office shal forfeit his seat: Provided, that fi he changes his political party or sectoral affiliation within 6 months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization (R.A. No. 7941, Sec. 15).
What is the rule on vacancies in the seats of party-list representatives?
In case of vacancy in the seats reserved for party-list representatives, the vacancy shal be automatically filed by the next representative from the list of nominees ni the order submitted ot the COMELEC by the same party, organization, or coalition, who shal serve for the unexpired term. fI the list si exhausted, the party, organization, or coalition concerned shall submit additional nominees (R.A. No. 7941, Sec. 16).
What are the rules on compensation of Senators and Members of HOR?
The salaries of Senators and Members of the HOR shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of al the Members of the Senate and the HOR approving such increase (CONST. Art. VI, Sec. 10).
What are the legislative privileges granted to members of Congress?
- Privilege from arrest - In all offenses punishable by not more than 6 years imprisonment, a Senator or a member of the House shall be privileged from arrest while the Congress is ni session (CONST. Art. V,I Sec. 11). “Session” - covers the entire period from its initial convening until its final adjournment (CRUZ, Philippine Political Law, supra at 228-229);
- Parliamentary privilege of speech and debate - They shall not be questioned nor be held liable in any other place for any speech or debate made ni the Congress or in any committee thereof (CONST. Art. V,I Sec. 11). However, they can be subjected to disciplinary action by the Congress itself (Chavez v. JBC, G.R. No. 202242, April 16, 2013).
What are the requisites to avail of the privilege of speech and debate?
1.The remarks must be made while the legislature or the legislative committee is in session; and
- The remarks must be made in connection with the discharge of official duties (Trillanes VI v. Castillo-Marigomen, G.B. No. 223451, March 14,2018, citing Jimenez v. Cabangbang, G.R. No. L-15905, August 3, 1966).
May Members of Congress practice their professions?
Yes. As to the members of Congress, there is no general prohibition as to the practice of their professions. However, members of Congress who are also members of the Bar may practice law subject to the constitutional limitation that they shall not personally appear as counsel before any court of justice, the Electoral Tribunals, or quasi-judicial and other administrative bodies (CONST. Art. VI, Sec. 14).
What is the quorum prescribed for the Houses of Congress?
A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members ni such manner and under such penalties as such House may determine (CONST. Art. VI, Sec. 16, par. (2).
What is the basis for determining the existence of a quorum?
The basis for determining the existence of aquorum ni the Senate shall be the total number of Senators who are in the country and withinthe coercive jurisdiction of the Senate (Avelino v. Cuenco, G.R. No. L-2821, March 4, 1949). The same principle maybe applied for the determination of quorum ni the HOR.
How many votes constitute a “majority of ALL members”?
This refers to an “Absolute Majority” which requires the majority of al electors regardless of the number of members present or absent during the time a question is put to a vote, provided a quorum exists.
For example, even if only 23 Senators are present at the vote, an absolute majority would require the concurrence of at least 13 senators or (24/2) + 1. For the HOR, the number would be 126 which si (250/2) + 1
How many votes constitute “a majority of the house?”
This refers to a type of “Simple Majority” which requires the concurrence of more than half the electors that are within the coercive jurisdiction of the House, provided there is a quorum.
For example, suppose 3 Senators are abroad, then, a simple majority is at least 1 which is more than half the Senators who are within the coercive jurisdiction of the Senate.
How are laws enacted?
A bill is signed by its authors and filed with the Secretary of the House. It may originate from either the lower or upper House, except appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills, which shall originate exclusively from the House of Representatives.
- First reading - reading of the number and title of the bill, which is then referred to the appropriate Committee for study and recommendation, which may include the conduct of public hearings. The Committee will submit its report and recommendation for Calendar for second reading;
- Second reading - reading of the bill in full with the amendments proposed by the Committee, fi any, unless copies thereof are distributed and such reading is dispensed with. The bill will be subject to debates, pertinent motions, and amendments. After the amendments shall have been acted upon, the bill will be voted on second reading (Id.);
- Third reading - submission of the bill as approved on second reading for a final vote by yeas and nays;
- Conference Committee reports - transmittal of the bill approved on third reading by one House to the other House for concurrence. The other House shall follow the same procedure. If the other House approves the bill without amendments, the bill is passed b y Congress and the same will be transmitted to the President. If the other House introduces amendments, with which the originating House does not agree, the differences will be settled by the Conference Committees of both Houses. The Conference Committee’s report will have to be approved by both Houses in order that it will be considered passed by Congress and thereafter sent to the President;
- Authentication of bills - signing by the Speaker and the Senate President of the printed copy o f the approved bill, followed by t h e certification by the respective secretaries of the both Houses, before ti is sent to the President;
- President’s approval or veto - transmittal of the authenticated bill to the President. If he approves the same, h e shall sign it; otherwise, he shall veto ti and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. The President shall communicate his veto of any bil to the House where ti originated within 03 days after the date of receipt thereof; otherwise, ti shall become a law as fi he had signed it (CONST. Art. V,I Sec. 27(1)); and
- Reversal of veto - If, after such reconsideration, two-thirds of al the Members of such House shall agree to pass the bill, ti shall be sent, together with the objections, to the other House by which ti shall likewise be reconsidered, and fi approved by two-thirds of al the Members of that House, ti shall become a law (CONST. Art. VI, Sec. 27(1)).
Overriding a Veto
Every bil passed by the Congress shall be presented to the President. If he approves, he shall sign it; otherwise, he shall veto it and return it to the House where it originated. If, after such reconsideration, two-thirds (2/3) of al the members of such House shall agree to pass the bil, ti shall be sent, together with the objections, to the other House by which ti shal likewise be reconsidered, and fi approved by, two-thirds (2/3) of al the members of that House, it shall become law. To override the veto, at least, two-thirds (2/3) of all the members of each House must agree to pass the bil. In such case, the veto is overridden and becomes a law without need of presidential approval. (CONST. Sec. 27 (1), Art VI).
What is the Power of Appropriation?
The power of appropriation is the power ot specify how money shall be spent (Gonzales v. Macaraig, G.R. No. 87636, November 19, 1990). Also called the “power of the purse”, it belongs to Congress, subject only to the veto power of the President. It carries with it the power to specify the project or activity to be funded under the appropriation law (Philippine Constitution Association v. Enriquez, G.R. No. 113105, August 19, 1994).
What are the classifications of appropriations laws?
1.General appropriation law - passed annually, intended for the financial operations of the entire government during one fiscal period; and
- Special appropriation law - designed for a specific purpose (CRUZ, Political Law, supra at 306).
What is Pork Barrel?
Pork barrel is “an appropriation of government/spending meant for localized projects and secured solely or primarily ot bring money to a representative’s district.”
Pork Barrel System is the collective body of rules and practices, in whatever name or form, that govern the manner by which lump-sum discretionary funds, primarily intended for local projects, are utilized through the respective participations of the Legislative and Executive branches of government, including its members (Belgica v. Ochoa, supra).
Is Pork Barrel Unconstitutional?
Yes. The Supreme Court declared its latest iteration as the “Priority Development Assistance Fund (PDAF)” as unconstitutional with a vote of 14-0 (Belgica v. Ochoa, supra).
What are the two kinds of lump-sum discretionary funds under the Pork Barrel System?
- Congressional Pork Barrel - which is a kind of lump-sum, discretionary fund wherein legislators, either individually or collectively organized into committees, are able to effectively control certain aspects of the fund’s utilization through various post-enactment measures and/or practices; and
2.Presidential Pork Barrel - which is a kind of lump-sum, discretionary fund which allows the President to determine the manner of its utilization (Belgicav. Ochoa, supra).
Why is the Congressional Pork Barrel Unconstitutional?
It violates:
- Separation of powers - from the moment the law becomes effective, any provision of law that empowers Congress or any of its members to play any role in the implementation or enforcement of the law violates the principle of separation of powers and is thus unconstitutional. Post-enactment measures which govern the areas of project identification, fund release and fund realignment are not related to functions of congressional oversight but allow legislators to intervene and/or assume duties that properly belong to the sphere of budget execution (Belgica v. Ochoa, supra);
- Non-Delegability of Legislative Power - the 2013 PDAF Article, insofar as ti confers post-enactment identification authority to individual legislators, violates the principle of non-delegability since said legislators are allowed to individually exercise the power of appropriation, which is lodged in Congress. That the power to appropriate must be exercised only through legislation is clear from Sec. 29, par. (1), Art. VI of the 1987 Constitution which states that: No money shall be paid out of the Treasury except in pursuance of an appropriation made by law;
- Checks and Balances - the lump-sum/post-enactment legislative identification budgeting system fosters the creation of a “budget within a budget” which subverts the prescribed procedure of presentment and consequently impairs the President’s power of item veto;
- Accountability - the mechanism here is normally done through the power of congressional oversight. The fact that individual legislators are given post- enactment roles in the implementation of the budget makes it difficult for them to become disinterested observers when scrutinizing, investigating, or monitoring the implementation of the appropriation law; and
- Local Autonomy - authorizing individual legislators to intervene in purely local matters through the use of their pork barrel funds for local government projects subverts genuine local autonomy (Belgica v. Ochoa, supra).
What is the Disbursement Acceleration Program (DAP)?
Aprogram designed by the DBM to ramp up spending after sluggish disbursements had caused the growth of the Gross Domestic Product (GDP) to slow down. The funds under the DAP were taken from: (1) unreleased appropriations; (2) unprogrammed funds; (3) carry-over appropriations unreleased from the previous year; and (4) budgets for slow- moving items or projects that had been realigned to support faster-disbursing projects (Araullo v. Aquino, supra).
Is the Disbursement Acceleration Program Unconstitutional?
In Araullo v. Aquino, the SC declared as unconstitutional the 4 acts and practices under the DAP, to wit:
- The withdrawal of unobligated allotments from the implementing agencies, and the declaration of the withdrawn unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year and without complying with the statutory definition of savings contained in the General Appropriations Act (GAA);
- The cross-border transfers of the savings of the executive to augment the appropriations of other offices outside the executive (prohibited cross-border augmentation);
- The funding of Programs, Activities and Projects (PAPs) that are not covered by any appropriation in the GAA since augmentation can only be made from one existing item to another existing item in the budget; and
- The use of unprogrammed funds in the absence of a legally required certification by the National Treasurer that the whole revenue collections exceeded the total revenue targets.
What is unprogrammed fund?
Appropriations that provided standby authority to incur additional agency obligations for priority PAPs when revenue collections exceeded targets, and when additional foreign funds are generated (Araulo v. Aquino, supra).
In a resolution dated February 3, ‘2015, the SC partially granted the motion for reconsideration filed by the OSG and allowed the funding of PAPs not covered by any appropriation in the GAA. Thus, only acts (1), (2), and (4) are now deemed illegal. The SC also upheld the efficacy of DAP-funded projects by applying the operative fact doctrine.
What is the automatic re-appropriation?
If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill’is passed by the Congress (CONST. Art. VI, Sec. 25, Par. 7)
What are legislative or formal inquiries?
Legislative inquiries may refer to the implementation or re-examination of any law or appropriation, or in connection with any proposed legislation, or for the formulation of, or in connection with, future legislation, or wil aid in the review or formulation of a new legislative policy or enactment. They may also extend to any and all matters vested by the Constitution in Congress and/or in the Senate alone (Rules of Procedure Governing Inquiries in Aid of Legislation, Sec. 1). Legislative inquiry is inherent in Congress. The inquiry, to be within the jurisdiction of the legislative body to make, must be material or necessary to the exercise of a power in it vested by the Constitution, such as to legislate, or to expel a Member (Arnault v. Nazareno, G.R. No. L-3820, July 18, 1950).
What is the scope of the power of legislative investigation by the Congress?
- Power to conduct inquiry in aid of legislation in accordance with its duly published rules of procedure;
- Power to issue summons and notices in connection with matters subject of its investigation or inquiry;
- Power to punish or declare a person ni contempt during or ni the course of legislative investigation; and
- Power to determine the rules of its proceedings (Arnault v. Nazareno, G.R. No. L-3820, July 18, 1950).
How long may the Senate detain an individual declared in contempt during a legislative investigation?
The period of imprisonment under the inherent power of contempt by the Senate during inquiries in aid of legislation should only last until the termination of the legislative inquiry under which the said power si invoked (Balag v. Senate, GR. . No. 234608, July 3, 2018).
When does the legislative inquiry of the Senate terminate?
The legislative inquiry of the Senate terminates on two instances: (a) upon the approval or disapproval of the Committee Report; or (b) upon the expiration of 1Congress so that all pending matters and proceedings, such as unpassed bills and even legislative investigations, of the Senate are considered terminated upon the expiration of that Congress and ti is merely optional on the Senate of the succeeding Congress to take up such unfinished matters, not ni the same status, but as fi presented for the first time (Balag v. Senate, G.R. No. 234608, July 3, 2018).
What are the limitations on the power of legislative investigation of the Congress?
- It must be in aid of legislation;
- It must be in accordance with duly published rules of procedures; and
- The rights of persons appearing in or affected by such inquiry shall be respected (CONST. Art. VI, Sec. 21).
What are the rules on the conduct of question hour?
The heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each house shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least 3 days before their scheduled appearance. Interpellations shal not be limited to the writen questions but may cover matters related thereto. When the security of the State or the public interest so requires, the appearance shal be conducted ni executive session (CONST, Ar.t V,I Sec. 22).
Who may declare the existence of a state of war?
The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war (CONST. Art. VI, Sec. 23, Par. 1).
Who exercises emergency powers in times of war or other national emergency?
In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject ot such restrictions as ti may prescribe, to exercise powers necessary and proper ot carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof (CONST. Art. VI, Sec. 23, Par. 2).
Who may suspend the privilege of the writ of habeas corpus or declare martial law?
In case of invasion or rebellion, when the public safety requires it, the President may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law (CONST. Art. VIl, Sec. 18, Par. 1).
Is the President’s suspension of the privilege of the writ of habeas corpus or proclamation of martial law final?
No. Within 48 hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or ni writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of al its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President (CONST. Art. VI, Sec. 18, Par. 1)
If the invasion or rebellion persists, may t h e suspension of the privilege of the writ of habeas corpus or proclamation of martial law be extended beyond 60 days?
Yes. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, fi the invasion or rebellion shall persist, and public safety requires it (CONST. Art. VI, Sec. 18, Par. 1).
Which body exercises the power of impeachment?
The HOR shall have the exclusive power to initiate all cases of impeachment (CONST. Art. XI, Sec. 3, Par. 1). The Senate has the sole power to try and decide al cases of impeachment (CONST. Art. XI, Sec. 3, Par 6).
SUMMARY OF VOTING REQUIREMENTS
- Initiate impeachment proceedings: 1/3 of ALL members of the House
- Convict an impeachable officer: 2/3 of ALL members of Senate
- Proposal to amend or revise the Constitution: 3/4 of ALL members of Both Houses (Constituent Assembly)
- Constitutional Convention: 3/4 of Both Houses
- Concur in treaties or international agreements: 2/3 of ALL members of Senate
- Override the veto of the President in the passage of a Bill: 2/3 of ALL members of Both Houses, voting separately
- Declare the existence of war: 2/3 of Both Houses, voting separately in Joint session assembled
- Concur in Executive’s power to grant amnesty, reprieves, commutations, and pardons: Majority of ALL members of Both Houses
- Submit to the electorate the question of calling a Constitutional Convention: Majority of ALL members of Both Houses
- Declare the President is unable to discharge the powers and duties of his office: 2/3 of Both Houses, voting separately
- Revoke of extend the President’s suspension of the privilege of the Writ of Habeas Corpus or proclamation of Martial Law: Majority of ALL members of Both houses, voting separately
- Call a Constitutional Convention: 2/3 of ALL members of both houses
- To put the yeas and nays in the journal: 1/5 of each house
- To elect a Senate President: 2/3 of ALL members of the Senate
- To elect the Speaker of the HOR: 2/3 of ALL members of HOR
- To determine the rules of its proceedings, suspend for at most 60 days or expel a member of such House, or discipline members for disorderly behavior: 2/3 of ALL members of Each house
- In case of vacancy by the VP, confirmation of a new VP nominated by the President: Majority of ALL members of both houses, voting separately
- Law granting tax exemption: majority of ALL members of Both houses
- To constitute a quorum to do business: majority of each House
SENATE: The basis in determining the existence of a quorum in the Senate shall be
SENATE: The basis in determining the
existence of a quorum in the Senate shall be the total number of Senators who are in the country and within the coercive jurisdiction of the Senate. (Avelino vs. Cuenco, G.R. No. L-
2821, March 4, 1949)
The quorum required to conduct business is
a majority (1/2 + 1) of all the members.
Enrolled Bill Theory
Once a Bill has been approved by both houses, the Bill is enrolled, and this Enrolled Copy of the Bill bears the certification of the Presiding Officer of the house (either Senate President or Speaker of the House) that this Bill as enrolled is the version passed by each house. The purpose of the certification is to prevent attempts at smuggling in “riders”. The enrolled copy is then sent to the President for his action. The Supreme Court, in upholding the enrolled bill, explained that its basis is the separation of powers, so that the remedy of an aggrieved party is not a judicial decree but a legislative amendment or curative legislation. (Morales vs. Subido, G.R. No. L-29658, November 29, 1968)
Note however the case of Astorga v Villegas (G.R. No. L23475, April 30, 1974), upon being informed that the enrolled bill did not contain the amendment proposed by Senator Tolentino (regarding the powers of the Vice-Mayor of Manila) when the house bill was raised to the Senate, the Senate President, withdrew his signature and notified the President of the mistake, who then likewise withdrew his signature. In short because of the withdrawal, there was no occasion, then, to apply the enrolled bill theory.
The enrolled bill will prevail if there is a discrepancy between the enrolled bill and any other copy of the bill. (Mabanag v Lopez Vito, G.R. No. L-1123, March 5, 1947)
Journal Entry Rule vs. Enrolled Bill
Theory
In Astorga vs. Villegas, by way of obiter dictum, the Supreme Court indicated that the journal might really prevail over the enrolled bill, since a journal is required by the Constitution, while the enrollment of a bill is just a legislative practice that is not even mentioned in the Constitution.
Further, enrollment does not add to the validity of the bill, for what makes it valid are the votes of the members. This ruling however seems to contradict the ruling in Morales v. Subido that the enrolled copy prevails over the journal. Reconciling these two decisions, as to matters required by the Constitution to be placed in the journal, the journal is conclusive. But aside from these matters, any other matter does not enjoy such conclusiveness.
Regular Sessions
Congress shall convene every fourth
(4th) Monday of July for its regular
session unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty (30) days before the opening of its next regular session, exclusive of Saturdays,
Sundays and legal holidays. The President may call a special session at any time. (Sec. 15, Art. VI, 1987 Constitution)
Neither House during the sessions of the Congress shall, without consent of the other, adjourn for more than three (3) days, nor to any other place than that in which the two Houses shall be sitting. (Sec. 16[5], Article VI, 1987 Constitution)
Special Sessions Called by the
President
● May be called at any time by the
President, at his absolute discretion,
to consider such subjects as he may
determine.
● Congress, however, determines the
number of days it needs for such session. (Sec. 15, Art. VI, 1987 Constitution)
Special Sessions Called by Congress
without Need of Call
● To pass a bill calling for the holding
of a special election when there is a
vacancy in the office of the President
and Vice President. (Sec. 10, Art. VII,
1987 Constitution)
● To determine by 2/3 vote whether
the President is unable to discharge
the powers and duties of his office.
(Sec. 11, Art. VII, 1987 Constitution)
● To canvass the Presidential elections (Sec. 4, Art. VII, 1987 Constitution)
● To exercise the power of
impeachment (Sec. 3, Art. XII, 1987 Constitution)
● To extend or revoke the proclamation of martial law or suspension of the Writ of Habeas Corpus. (Sec. 18[2], Art.VII, 1987 Constitution).
Origin of Bills
All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments. (Sec. 24, Art. VI, 1987 Constitution)
Three Methods by which a Bill may
become a Law:
- When the President signs it;
- When the President vetoes it but the veto is overridden by 2⁄3 vote of all the members of each House; and
- When the President does not act
upon the measure within 30 days
after it shall have been presented to
him. (Sec. 27, Art. VI, 1987 Constitution)
IMPEACHABLE OFFICERS
- The President;
- The Vice President;
- Members of the Supreme Court;
- Members of the Constitutional
Commissions; and - The Ombudsman. (Section 2, Article IX, 1987 Constitution)
NOTE: The enumeration in the Constitution of the impeachable officers is exclusive. The Ombudsman is only one man, not including his Deputies. (Office of the Ombudsman vs. Court of Appeals, G.R. No. 146486, March 4, 2005)
FOR AN IMPEACHABLE OFFICER WHO IS A MEMBER OF THE BAR:
An impeachable officer who is a member of the Bar cannot be disbarred without first being impeached.
Complainant’s availment of Section 1 (1) of Article IX-C of the Constitution to skirt this rule is specious. It bears emphasis that the provision that majority of Comelec members should be lawyers pertains to the desired composition of the Comelec. While the appointing authority may follow such constitutional mandate, the appointment of a full complement of lawyers in the Comelec membership is not precluded. At the time the complaint was filed, respondents and three other commissioners were all lawyers. As an impeachable officer who is at the same time a member of the Bar, respondent Borra must first be removed from office via the constitutional route of impeachment before he may be held to answer administratively for his supposed errant resolutions and actions. (Marcoleta vs Borra, A.C. No. 7732, March 09, 2009)
FOR A PUBLIC OFFICER TO BE
IMPEACHED:
A public officer who under the Constitution is required to be a Member of the Philippine Bar as a qualification for the office held by him and who may be removed from office only by impeachment, cannot be charged with disbarment during the incumbency of such public officer. Further, such public officer, during his incumbency, cannot be charged criminally before the Sandiganbayan or any other court with any offence which carries with it the penalty of removal from office, or any penalty service of which would amount to removal from office. It is important to make clear that the Court is not here saying that its Members or the other constitutional officers we referred to above are entitled to immunity from liability for possibly criminal acts or for alleged violation of the Canons of Judicial Ethics or other supposed misbehavior. What the Court is saying is that there are fundamental procedural requirements that must be observed before such liability may be determined and enforced. A Member of the Supreme Court must first be removed from office via the constitutional route of impeachment under Sections 2 and 3 of Article XI of the 1987 Constitution. Should the tenure of the Supreme Court Justice be thus terminated by impeachment, he may then be held to answer either criminally or administratively (by disbarment proceedings) for any wrong or misbehavior that may be proven against him in appropriate proceedings. (In Re: Gonzales, A.M. No. 8845433, April 15, 1998)
GROUNDS FOR IMPEACHMENT:
- Culpable violation of the Constitution - wrongful, intentional or willful disregard or flouting of the fundamental law. This act must be deliberate and motivated by bad faith to constitute as a ground for impeachment.
- Treason - committed by any person who, owing allegiance to the government of the Republic of the Philippines, levies war against it or adheres to its enemies, giving them aid and comfort. (Art. 114, Revised Penal Code)
- Bribery - committed by any public officer who shall agree to perform an act, whether or not constituting a crime, or refrain from doing an act which he is officially required to do in connection with the performance of his official duties, inconsideration of any offer, promise, gift or present received by him personally or through the mediation of another, or who shall accept gifts offered to him by reason of his office. (Arts. 210- 211, Revised Penal code)
- Other high crimes - refers to those offenses which, like treason and bribery, are of so serious and enormous a nature as to strike at the very life or the orderly workings of the government. (Bernas, The 1987 Constitution of the Philippines, 2003 ed., p.1112; Record of the Constitutional Convention of 1934, pp. 854-855)
- Graft and corruption - those prohibited acts under the Anti-Graft and Corrupt Practices Act. (Bernas, The 1987 Constitution of the Philippines, 2003 ed., p.1113)
- Betrayal of Public Trust - a catch-all ground to cover all manner of offenses unbecoming a public functionary but not punishable by the criminal statutes, like inexcusable negligence of duty, tyrannical abuse of authority, breach of official duty by malfeasance or, misfeasance, cronyism, favoritism, obstruction of justice. (Record of the Constitutional Commission of 1986, p. 272)
What is the function of electoral tribunals?
The Electoral Tribunal acts as the sole judge of all contests relating to the election, returns, and qualifications of the respective members of each House (CONST. Art. VI, Sec. 17).
What is the composition of the Electoral Tribunals?
Each Electoral Tribunal shall be composed of 9 Members, 3 of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining 6 shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman (CONST. Art. VI, Sec. 17).
What is the relationship of the Electoral Tribunals with the Houses of Congress?
The Electoral Tribunal is independent of the Houses of Congress (Angara v. Electoral Commission, G.R. No. 45081, July 15, 1936) and its decisions may only be reviewed by the Supreme Court upon showing of grave abuse of discretion in a special civil action for certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure (Peña v. HRET, G.R. No. 123037, March 21, 1997).
How can membership in the House of Representatives Electoral Tribunal (HRET) be terminated?
Membership in the House Electoral Tribunal may not be terminated except for a just cause, such as, the expiration of the member’s congressional term of office, his death, permanent disability, resignation from the political party he represents in the tribunal, formal affiliation with another political party, or removal for other valid cause. A member may not be expelled by the House of Representatives for “party disloyalty” short of proof that he has formally affiliated with another political group (Bondoc v. Pineda, G.R. No. 97710, September 26, 1991).
What is the relationship of the Electoral Tribunals with the COMELEC?
It is independent of the COMELEC. Cases before the Electoral Tribunal are governed by the Tribunal’s own rules (Lazatin .v HRET, G.R. No. L-84297, December 8, 1988).
When does the House of Representatives Electoral Tribunal (HRET) acquire jurisdiction over election cases?
Once a winning candidate has been duly proclaimed, taken his oath, and assumed ofice as a Member of the House of Representatives, the COMELECs’ jurisdiction over election contests relating to the candidate’s election, returns, and qualifications ends, and the HRET’s own jurisdiction begins (Limkaichong v. COMELEG, G.R. Nos. 178831-32, April 1, 2009).
What are the powers of the Electoral Tribunals?
- Sole judge of all contests relating to the election, returns and qualifications of their respective Members. (CONST. Art. VI, Sec. 17); and
- Power ot promulgate rules and regulations relative to matters within its jurisdiction, including the period for filing election protests before ti (Lazatin v. HRET, G.R. No. L-84297, December 8, 1988)
What is the function of the Commission on Appointments?
The Commission on Appointments acts as a legislative check on the appointing authority of the President. tI shall act on all appointments submitted to ti within 30 session days of the Congress from their submission (CONST. Art. V,l Sec. 18).
What is the composition of the Commission on Appointments?
There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, 12 Senators, and 12 Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein (CONST. Art. VI, Sec. 18). For the Senate, a political party must have at least 2 members to be entitled to one seat in Commission on Appointments. Rounding off is not allowed (Guingona v. Gonzales, G.R. No. 106971, October 20, 1992).
What is the relationship of the Commission on Appointments and the two Houses of Congress?
The Commission on Appointments is independent of the two Houses; its employees are not technically employees of Congress. It has the power to promulgate its own rules of proceedings. It does not legislate when it confirms or refuses a Presidential appointment (Pimentel J.r v. Ermita, G.R. No 164978, October 13, 2005).
Under the Constitution, which appointments need the concurrence of the Commission on Appointments? (HAAC)
The President shall nominate and, with the consent of the Commission on Appointments, appoint:
1. Heads of executive departments (CONST. Art. VI, Sec. 16);
- Ambassadors and other public ministers and consuls (CONST. Art. VI, Sec. 16);
- Officers of the AFP from the rank of colonel or naval captain;
- Officers whose appointments are vested in him by the Constitution:
a.Regular members of the Judicial and Bar Council (CONST. Art. VI, Sec. 8, par. (2));
b.Chairman of the Commission on Human Rights (Bautista v. Salonga, G.R. No. 86439, April 13, 1989); and
c. Sectoral representatives during the three-consecutive terms after the ratification of the Constitution (CONST. Art, VI, Sec. 5(2); CONST. Art. XVIII, Sec. 7; Quintos-Deles v. Commission on Appointments, G.R. No. 83216, September 4, 1989)
What are the appointments that do not need confirmation from the Commission on Appointments?
- Appointment of the Vice President to a Cabinet Position (CONST. Art VI, Sec.3):
- Members of the Supreme Gourt and judges of lower courts (CONST. Art. VI, Sec. 9);
- The Ombudsman and his deputies (CONST Art. X,I Sec.9);
- All other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint, e.g.:
a. Commissioner of Customs (Sarmiento v. Mison, G.R. No. 79974, December 17, 1987);
b. Chairman of the Commission on Human Rights (Bautista v. Salonga, G.R. No. 86439, April 13, 1989); and
c. Appointments and promotions in the Philippine Coast Guard (Soriano v. Lista, GR. No. 153881, March 24, 2003).
What is the procedure for appointments that needs the confirmation of the Commission on Appointments?
- Nomination by the President;
- Confirmation by the Commission on Appointments;
- Issuance of commission; and
- Acceptance by the appointee (Lacson v. Romero, G.R. No. L-3081, October 14, 1949).
What are the rules on voting for the confirmation of appointments in the Commission on Appointments?
The Commission on Appointments shall rule on all nominations or appointments brought before it by a majority vote of all its members. Only members present shall be entitled to vote. The ex officio Chairman shall not vote except to break a tie. All other matters shall be decided by a majority vote of the members present constituting a quorum (Rules of the Commission on Appointments, Ch. Il, Sec. 15). Voting by the Commission on any nomination or appointment submitted for confirmation shall be by viva voce; except, upon request of any members, the voting shall be nominal (Rules of the Commission on Appointments, Ch. IV, Sec. 23).
What are rules on unacted nominations or appointments returned to the President?
Nominations or appointments submitted by the President of the Philippines which are not finaly acted upon at the close of the session of Congress shall be returned to the President and, unless new nominations or appointments are made, shall not again be considered by the Commission (Rules of the Commission on Appointments, Ch. IV, Sec. 17).
When may the Commission on Appointments meet?
The Commission on Appointments shall meet only while Congress is in session, at the cal of its Chairman or a majority of all its members (CONST. Art. VI, Sec. 19).
How is the veto power of a member of the Commission on Appointments exercised?
Any member may move for the suspension of action by the Commission on Appointments on any nomination or appointment favorably recommended by a standing committee, and the Chairman shall suspend the consideration, of said nomination or appointment: Provided, that, such suspension may b e taken up on the next succeeding session of the Commission; Provided, further, that this section shal not apply ot nominations or appointments taken up by t h e Commission during the last session prior to a sine die adjournment of Congress (Rules of the Commission on Appointments, Ch. N, Sec. 20)
What is the faithful execution clause?
The second sentence of Section 17, Article VIl is referred to as the “take care power” of the President and also sometimes called the “faithful execution clause.” Under this provision, the President si bound ot ensure the faithful execution of laws regardless of his belief in the legality of said laws. Until and unless a law is declared unconstitutional, the President has aduty to execute it regardless of his doubts as to its validity (CONST. Art. VI, Secs. 1&17).
What are the qualifications of a President and Vice-President?
(N40-RAW-VR10)
1. Natural-born citizen of the Philippines;
- At least 40 years of age on the day of the election;
- Able to Read And Write;
- Registered Voter; and
- A Resident of the Philippines for a period of at least 10 years immediately preceding the day of the election (CONST. Art. VI, Sec. 2).
How are the President and the Vice-President elected?
The President and the Vice-President shall be elected by direct vote of the people (CONST. Art. VI, Sec. 4, Par. (1)).
The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of al the Members of both Houses of the Congress, voting separately (CONST. Art. VI, Sec. ,4 Par. (5).
When can a special election for President and Vice-President be held?
The following requisites must concur before special election may be held:
- Death, permanent disability, removal from office, or resignation of both the President and the Vice-President;
- If the vacancies occur more than 18 months before the next regular presidential election; and
- A law passed by Congress calling for a special election to elect a President and Vice-President to be held not earlier than 45 days nor later than 60 days from the time of such call (CONST. Art. VI, Sec. 10).
How long is the term of office of the President?
The President shall serve for a term of 6 years which shall begin at noon on the 30th day of June next following the day of the election and shall end at noon of the same date 6 years thereafter (CONST. Art. VI, Sec 4, Par. (1).
May the President be reelected?
No. The President shall not be eligible for any reelection (CONST. Art. VI, Sec. 4, Par. (1)).
How long is the term of office of the Vice-President?
The Vice-President shall serve for a term of 6 years which shall begin at noon on the thirtieth (30th day of June next following the day of the election and shall end at noon of the same date 6 years thereafter (CONST. Art. VI, Sec. 4, Par. (1)).
May the Vice-President be reelected as Vice-President?
Yes. However, the Vice-President shall not serve for more than 2 consecutive terms (CONST. Art. VI, Sec. 4, Par. (2).
If the Vice-President succeeds as President, may he be reelected as President?
If he succeeded and served as President for 4 years or less, he may be reelected as President. fI he succeeded and served as President for more than 4 years, he shall not be qualified for election to the same office at any time (CONST. Art. VI, Sec. 4, Par. (1)).
Who succeeds if a vacancy occurs before the beginning of the term of the President-elect?
If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified;
- In case of failure of President-elect to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified;
- In case of death or permanent disability of the President-elect, the Vice- President-elect shal become President;
- In case no President and Vice-President shall have been chosen and qualified, or where both shall have died or become permanently disabled, the Senate President , or in case of his inability, the Speaker of the HOR shall act as President until a President or a Vice President shall have ben chosen and qualified; or
- In case of death, permanent disability, or inability of the President, Vice- President, Senate President and the Speaker of the HOR, the Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified (CONST. Art. VI, Sec. 7)
Who succeeds if a vacancy occurs during the incumbency of the President?
- In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become, President ot serve the unexpired term;
- In case of death, permanent disability, removal from office, or resignation of both the President and the Vice-President, the Senate President, or in case of his inability, the Speaker of the HOR shall act as President until a President or a Vice-President shall have been elected and qualified (CONST. Art. VI, Sec. 8,
Par. 1); or - In case of death, permanent disability, or resignation of the President and the Vice-President, the Senate President, and the Speaker of the HOR, the Congress shall, by law, provide who shall serve as President until the President or the Vice-President shall have been elected and qualified (CONST. Art. VIl, Sec. 8, Par. 2).
What is the rule in case of vacancy in the Office of the Vice-President during the term for which he was elected?
Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the HOR who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately (CONST. Art. VI, Sec. 9).
What is the extent of the President’s immunity from suit?
Presidential immunity in this jurisdiction attaches during the entire tenure of the President. The immunity makes no distinction with regard to the subject matter of the suit; it applies whether or not the acts subject matter of the suit are part of his duties and functions as President (De Lima v. Pres. Duterte, G.R. No. 227635, October 15, 2019). While the President is immune from suit, she may not be prevented from instituting suit (Soliven v. Makasiar, G.R. No. 82585, November 14, 1988).
The President, like the judges of the courts and the members of the Legislature, may not be personally charged in civil damages for the consequences of an act executed in the performance of his official duties. After his tenure, however, the President is liable when he acts in a case so plainly outside of his power and authority that he cannot be said to have exercised discretion in determining whether or not he had the right to act.
The same is true where the cases filed against a non-sitting president are criminal in character. It will be anomalous to hold that immunity. is a n inoculation from liability for unlawful acts and omissions: The rule is that unlawful acts of public officials are not acts of the State and the officer who acts illegally is not acting as such but stands in the same footing as any other trespasser (Estrada v, Desierto, G.R. Nos. 146710-15 & 146738, March 2, 2001).
May presidential immunity be waived?
There is nothing in our laws that would prevent the President from waiving the privilege (Soliven v. Makasiar, G.R. No. 82585, November 14, 1988).
What is Executive Privilege?
Executive Privilege is the right of the President and high-level executive branch officers to withhold information from Congress, the courts, and ultimately the public (Senate v. Ermita, G.R. No. 169777, April 20, 2006, citing Rozell, Executive Privilege and the Modern Presidents: In Nixon’s Shadow (83 Minn. L. Rev. 1069)).
What are the matters covered by the executive privilege?
Presidential conversations, correspondences, or discussions during closed-door Cabinet meetings, like the internal deliberations of the Supreme Court and other collegiate courts, or executive sessions of either House of Congress, are recognized as confidential. This kind of information cannot be pried open by a co-equal branch of government (Senate v. Ermita, G.R. No. 169777, April 20, 2006).
What is the limitation of executive privilege?
Executive privilege, whether asserted against Congress, the courts, or the public, is recognized only in relation to certain types of information of a sensitive character. While executive privilege is a constitutional concept, a claim thereof may be valid or not depending on the ground invoked to justify it and the context in which it is made. Executive officials are not exempt from the duty to disclose information by the mere fact of being executive officials. Indeed, the extraordinary character of the exemptions indicates that the presumption inclines heavily against executive secrecy and in favor of disclosure (Senate v. Ermita, G.R. No. 169777, April 20, 2006).
Who may invoke executive privilege?
The President may invoke executive privilege. The privilege being an extraordinary power, it must be wielded only by the highest official in the executive hierarchy. In other words, the President may not authorize her subordinates to exercise such power (Senate v. Ermita, G.R. No. 1697775 Apfil 20, 2006).
What is the difference between executive power and administrative power?
Executive power pertains to the power to enforce and administer the laws. tI shall be vested ni the President of the Philippines and exercised through the manifold offices of the executive department (CONST. Art. VI, Sec. 1). On the other hand, administrative power refers to the President’s control over all such executive departments, bureaus, and offices. He shall ensure that laws are faithfully executed (CONST. Art. VI, Sec. 17).
Define appointment.
Appointment is the selection or designation of a person, by the person or persons having authority therefor, to fill an office or public function and discharge the duties of the same (Flores v. Drilon, G.R. No. 104732, June 22, 1993).
Is appointment the same as designation?
No. Appointment differs from a designation in that the latter simply involves the imposition of additional and/or higher duties to be performed by a public official/employee which is temporary and can be terminated anytime at the pleasure of the appointing authority officer/authority. Designation may involve the performance of duties of another position on a concurrent capacity or on full-time basis (Section 13 (c), Rule IV, CSC Memorandum Circular No. 14, s. 2018).
Distinguish between appointment and designation.
Appointment may be defined as the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. When completed, usually with its confirmation, the appointment results insecurity of tenure for the person chosen unless he is replaceable at pleasure bécause of the nature of his office. Designation, on the other hand, connotes merely the imposition by law of additional duties on an incumbent official. xXx Designation may also be loosely defined as an appointment because it likewise involves the naming of a particular person to a specified public office.
That is the common understanding of the term. However where the person is merely designated and not appointed, the implication is that he shall hold the office only in a temporary capacity and-may be replaced at will by the appointing authority. In this sense, the designation is considered only an acting or temporary appointment, which does not confer security of tenure on the person named.
What is the extent of the President’s appointing power?
- The President has no constitutional or legal obligation to only make permanent appointments when Congress is in session.
- The President can also make temporary appointments even when the CA isin session (Pimentel v. Ermita, G.R. No. 164978, October 13, 2005).
- The President is constitutionally prohibited from making “midnight appointments” except under certain conditions (CONST. Art. VI, Sec. 15).
What are the kinds of presidential appointments?
- Regular presidential appointments, with or without confirmation by the Commission on Appointments, including “recess” or “ad interim” appointments (CONST. Art. VI, Sec. 16);
- Appointments made by an Acting President (CONST. Art. VI, Sec. 14); and
- Midnight appointments are appointments made by a President within 2 months before the next presidential elections and up to the end of his term (CONST. Art VI, Sec. 15, see General v. Uro, G.R. No. 191560, March 29, 2011; and Sana v. Career Executive Service Board, GR. . No. 192926, November 15, 2011).
What are the appointments that can be made solely by the President?
(RALN)
1. Those other officers lower in Rank whose appointment is vested by law in the President alone;
- Those vested by the Constitution on the President Alone;
- Those whom he may be authorized by Law to appoint; and
- Those whose appointments are Not otherwise provided for by law (CONST. Art. VI, Sec. 16).
Which presidential appointments require confirmation by the Commission on Appointments under the Constitution? (HAAC)
- Heads of executive departments (CONST. Art. VII, Sec. 16);
- Ambassadors and other public ministers and consuls (CONST. Art. VI, Sec. 16);
- Officers of the AFP from the rank of colonel or naval captain;
- Officers whose appointments are vested ni him by the Constitution:
a.Regular members of the Judicial and Bar Council (CQNST. Art. VI, Sec. 8, par. (2));
b.Chairmen and members ofthe Constitutional Commissions (CONST. Art. IX-B, Sec. 1, par. (2)); and
c. Sectoral representatives during the three-consecutive terms after the ratification of the Constitution (CONST. Art. VI, Sec. 5(2); CONST. Art. XVI, Sec, 7; Quintos-Deles v. Commission on Appointments, G.R. No. 83216, September 4, 1989).
What is a by-passed appointment?
A by-passed appointment is one that has not been finally acted upon on the merits by the CA at the close of the session of Congress. There is no final decision by the CA ot give or withhold its consent to the appointment as required by the Constitution (Matibag v. Benipayo, G.R. No. 149036, April 2, 2002).
What is the primary effect of a by-passed appointment?
Nominations or appointments submitted by the President of the Philippines which are not finally acted upon at the close of the session of Congress shall be returned to the President and, unless new nominations or appointments are made, shall not again be considered by the Commission on Appointments (The New Rules of the Commission on Appointments, March 7, 2017, Sec. 17)
What is an ad interim appointment?
An ad interim appointment is one made by the President while Congress is not in session. This is intended to prevent interruptions ni vital government services that would otherwise result ni prolonged vacancies ni government offices (NACHURA, supra at 357).
Is an ad interim appointment permanent or temporary?
An ad interim appointment is a permanent appointment, unless otherwise indicated (PLM v. IAC, G.R. No. L-65439, November 13, 1985). This is because it takes effect immediately and can no longer be withdrawn by the President once the appointee has qualified into office. The fact that ti is subject to confirmation by the CA does not alter its permanent character (Matibag v. Benipayo, G.R. No. 149036, April 2, 2002).
How can an ad interim appointment be terminated?
An ad interim appointment ceases to be valid if a) disapproved by the Commission on Appointments; or b) upon the next adjournment of the Congress. nI hte latter case, the appointment si demed “by-passed” through inaction (NACHURA, supra at 357-358). When an ad interim appointment is terminated by disapproval by the CA, the appointee can no longer be extended a new appointment, inasmuch as the disapproval si final and binding on both the appointee and the appointing power. On the other hand, when the ad interim appointment si bypassed because of lack of time or failure of the CA to organize, there si no final decision by the Commission to give or withhold its consent to the appointment. Hence, the President si free ot renew the ad interim appointment (Matibag v. Benipayo, G.R. No. 449036, April 2, 2002).
What are the appointments prohibited under Section 15, Article VI of the 1987 Constitution?
There are two prohibited appointments under Section 15, Article VIl: (1) those made for buying votes; and (2) those made for partisan considerations. The first refers to those appointments made within the two months preceding a Presidential election and are similar ot those which are declared election ofenses in the Omnibus Election Code. The second type of appointments consists of the so-called “midnight” appointments (De Castro v. JBC, G.R. No. 191002, March 17, 2010).
How are appointments made by an Acting President made?
Appointments extended by an acting President shall remain effective unless revoked by the elected President within ninety days from his assumption of office (CONST, Sec. 14, Art. VI)
What are midnight appointments?
Midnight appointments are appointments made by a President within 2 months before the next presidential elections and up to the end of his term. Such appointments are prohibited by the Constitution except temporary appointments to executive positions when continued vacancies therein wil prejudice public service or endanger public safety (CONST. Art. VI, Sec. 15). This is based on the principle that after the election of a new President, the outgoing president becomes no more than a “caretaker” administrator, whose duty is to “prepare for the orderly transfer of authority to the incoming President.”
When may the President make such midnight appointments?
The President or Acting President may make temporary appointments to executive positions when continued vacancies therein will:
- Prejudice public service; or
- Endanger public safety (CONST. Art: VI, Sec. 15).
Does the President have the power of removal?
Yes. The general rule is that the power of removal is an implied power derived from the express power of appointment (CRUZ, Political Law, supra at 407).
What are the exceptions to the abovementioned rule?
1.Those appointed by him where the Constitution prescribes certain methods for separation from public service, e.g.impeachment (Id.);
- Judges of lower courts, likewise appointed by the President, are subject to the disciplinary authority o f and may b e removed only by the Supreme Court (CONST. Art. VIII, Sec. 11);
- Those elected local officials since the power is exclusively vested ni the proper courts (LGC, Sec 60); and
- In all other cases where the power of removal may be exercised only for cause as may be provided by law and ni accordance with the prescribed administrative procedure (CONST. Art. IX-B, Sec. 2, par. (3)).
Where the term of executive officials is determined at the pleasure of the President, how is their separation effected?
The separation from office of members of the Cabinet or other executive officials whose term of office is determined at the pleasure of the President is effected not by the process of removal, but by the expiration of their term (CRUZ, Political Law, supra at 408).
What is the doctrine of qualified political agency or the alter ego principle?
Under the doctrine of qualified political agency or the alter ego principle, the acts of the Secretaries of Executive departments when performed and promulgated in the regular course of business are, unless disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief Executive (Carpio v. Executive Secretary, G.R. No. 96409, February 24, 1992). Thus, the Executive Secretary, when acting by authority of the President, may reverse the decision of another department secretary (Lacson- Magallanes v. Pano, G.R. No. L-27811, November 17, 1967).
What is the exception to the above doctrine?
Where the Chief Executive is required by the Constitution or law to act in person or the exigencies of the situation demand that h e acts personally (Carpio v. Executive Secretary, GR.. No. 96409, February 24, 1992)
What kind of power does the President exercise over LGUs?
Power of general supervision. The President of the Philippines shall exercise general supervision over local governments (CONST Art. X, Sec, 4). The President may only interfere ni the affairs and activities of a local government unit if he or she findsthat the latter had acted contrary to law. Any directive therefore by the President or any of his or her alter egos seeking to alter the wisdom of a law-confirming judgment onlocal affairs of an LGU is a patent nullity because it violates the principle of local autonomy and separation of powers of the executive and legislative departments ni governing municipal corporations (Dadole v. COA, G.R. No: 125350, December 3, 2002).
What are the military powers vested in the President?
1.Call out the armed forces;
- Suspend the privilege of the writ of habeas corpus; and Declare a state of martial law (CONST. Art. VI, Sec. 18).
When may the President exercise his calling-out power?
Whenever it becomes necessary, the President may call out the armed forces to prevent or suppress lawless violence, invasion or rebellion (CONST. Art. VI, Sec. 18, Par. (1)). tI is the most benign of the military powers of the president and is merely incidental to his authority to determine the disposition of the armed forces and what degree of force a particular crisis demands. It is limited however to ordinary police action necessary to maintain public order (IBP v. Zamora, G.R. No. 141284, August 15, 2000).
When may the President suspend the privilege of the writ of habeas corpus or declare a state of martial law?
The extraordinary powers of suspending the privilege of the writ of habeascorpus and/or declaring martial law may be exercised only when the folowing concur:
1.Actual invasion or rebellion; and
2.Public safety requires the exercise of such power (CONST, Art. VI, Sec. 18, Par. (1)).
What is the quantum of evidence required to ascertain the existence of rebellion or invasion as basis for suspending the privilege of habeas corpus or for declaring martial law?
In determining the existence of rebellion, the President only needs to convince himself that there is probable cause or evidence showing that more likely than not a rebellion was committed or is being committed. To require him to satisfy a higher standard of proof would restrict the exercise of his emergency powers (Lagman v. Medialdea, G.R. Nos. 231658, 231771 &231774, July 4, 2017).
What are the limitations imposed by the Constitution on the power to declare a state of martial law or suspend the privilege of the writ of habeas corpus?
(60-Re NJuC)
- It is only limited to an initial period of 60 days;
- Within 48 hours from the proclamation or suspension, the President shall submit a Report in person or in writing to the Congress;
- The Congress, voting jointly, by a vote of at least a majority of al its Members in regular or special session, may Revoke such proclamation or suspension, which revocation shall not be set aside by the President (CONST. Art. VI, Sec. 18, Par. 1);
- The SC may Review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation or suspension (CONST. Art. VI, Sec. 18, Par. 3);
- A state of martial law does Not suspend the operation of the Constitution, nor supplant the functioning of t h e civil courts or legislative assemblies, nor authorize the conferment of jurisdiction o n military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ (CONST. Art. VI, Sec. 18, Par. 4);
- The suspension of the privilege of the writ shall apply only to persons Judicially charged for rebellion or offenses inherent in or directly connected with the invasion (CONST. Art. VI, Sec. 18, Par. 5); and
- During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially Charged within 3 days, otherwise he shall be released (CONST. Art. VIl, Sec. 18, Par. 6:)
What is the extent of review by the Supreme Court as regards the President’s exercise of his military powers?
The Supreme Court’s power to review is limited to the determination of whether the President in declaring martial law and suspending the privilege of the writ of habeas corpus had sufficient factual basis (Lagman v. Pimentel III,G.R. No. 235935, February 6, 2018).
What are the requisites for the grant of emergency power?
(EPReN)
1. There is war or other Emergency;
- The delegation by Congress to the President of the authority to exercise emergency power must be for a limited Period only;
- The delegation of power is subject to such Restrictions as the Congress may prescribe; and
- Emergency powers must be exercised to carry out a National policy declared by Congress (David v. Arroyo, GR.. No. 171396, May 3, 2006).
How is Art. XI, Sec. 17 related to Art. VI, Sec. 23 (2)?
Section 17, Article XI must be understood as an aspect of the emergency powers clause. The taking over of private business affected with public interest is just another facet of the emergency powers generally reposed upon Congress.Thus, when Section 17 states that “the State may, during the emergency and under reasonable terms
prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest,” it refers to Congress, not the President. Now, whether or not the President may exercise such power is dependent on whether Congress may delegate ti to him pursuant to a law prescribing the reasonable terms thereof (David v. Arroyo, G.R. No. 171396, May 3, 2006).
What is the nature of the pardoning power of the President?
The exercise of the pardoning power is discretionary in the President and may not be interfered with by Congressor the Court, except only when ti exceeds the limits provided for by the Constitution (Risos-Vidal v. COMELEC, G.R. No. 206666, January 21, 2015). In granting the power of executive clemency upon the President, the Constitution does not distinguish between criminal and administrative cases (Llamas .v Executive Secretary, G.R. No. 99031, October 15, 1991).
What are the limitations to the pardoning power of the President?
- It can be granted only after conviction by final judgment (except amnesty) (CONST. Art. VI, Sec. 19);
- It cannot be granted in cases of impeachment (CONST. Art. VI, Sec. 19);
- It cannot be granted in violations of election laws without the favorable recommendation of the COMELEC (CONST. Art. IX-C, Sec. 5);
- It cannot be granted in cases of legislative contempt or civil contempt (CRUZ, Philippine Political Law, supra at 444-445);
- It cannot absolve a convict from civil liability;
- It cannot restore public offices forfeited (Monsanto v. Factoran, G.R. No. 78239 February 9, 1989).
What are the forms of executive clemency that the President may grant?
- Reprieves;
- Commutations;
- Pardons;
- Remission of fines and forfeitures, after conviction by final judgment; and
- Amnesty, with the concurrence of a majority of al the members of the Congress (CONST. Art. VI, Sec. 19).
What is pardon?
Pardon is an act of grace that exempts a n individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. A pardon is a deed, for the validity of which delivery si essential, and delivery si not complete without acceptance. It can be rejected.
What are the classifications of pardon?
- Conditional pardon - in the nature of a contract between the Chief Executive and the convicted criminal; by the pardonee’s consent to the terms stipulated in the contract, the pardonee has placed himself under the supervision of the Chief Executive or his delegate who is duty bound to see ot it that the pardonee complies with the conditions of the pardon (Torres v. Gonzales, GR. . No. 76872, July 23, 7987);
- Absolute pardon - pardon is absolute if it is not only unconditional, it is also unrestricted in scope, complete and plenary in character (Risos-Vidal v. COMELEC, GR., No. 206666, January21,2015).
What is the effect of pardon?
Pardon relieves the party from al the punitive consequences of his criminal act, including the disqualifications or disabilities based on the finding of guilt. But it relieves him from nothing more. It does not blot out the guilt of an individual. Pardon granted after conviction frees the individual from al the penalties and legal disabilities and restores him to all his civil rights. But unless expressly grounded on the person’s innocence (which is rare), ti cannot bring back lost reputation for honesty, integrity and fair dealing. This must be constantly kept ni mind lest we lose track of the true character and purpose of the privilege (Monsanto v. Factoran, G.R. No. 78239, February 9, 1989).
What is the nature and effect of amnesty?
Amnesty commonly denotes a general pardon to rebels for their treason or other high political offenses, or the forgiveness which one sovereign grants to the subjects of another, who have offended, by some breach, the law of nations. Amnesty looks backward, and abolishes and puts into oblivion, the offense itself; it so overlooks and obliterates the offense with which he is charged, that the person released by amnesty stands before the law precisely as though he had committed no offense (Magdalo v. COMELEC, G.R. No. 190793, June 19, 2012).
What is the limitation on the President’s power to ratify treaties?
No treaty or international agreement shall be valid and effective unless concurred with at least 2/3 of al the Members of the Senate (CONST. Art. VI, Sec. 21).
What are the effects of the other forms of executive clemency?
- Commutation - remission of a part of the punishment; a substitution of a less penalty for the one originally imposed (People v. Vera, G.R. No. L-45685, November 16, 1937);
- Reprieve - the temporary suspension of the execution of a sentence (Director of Prisons v. Judge of First Instance of Cavite, G.R. No. L-10543, January 23, 1915);
- Parole - refers to the conditional release of an offender from a correctional institution after he serves the minimum term of his prison sentence (People v. Abesamis, G.R. No. 140985, August 28, 2007); and
- Remission of fines and forfeiture - merely prevents the collection of fines or the confiscation of forfeited property; ti cannot have the effect of returning property which has been vested in third parties or money already in public treasury (BERNAS, Reviewer supra at 315).
To whom is the power to ratify vested?
The power to ratify is vested in the President, subject to the concurrence of the Senate. The role of the Senate, however, is limited only to giving or withholding its consent, or concurrence, to the ratification. Hence, it is within the authority of the President to refuse to submit a treaty to the Senate or, having secured its consent for its ratification, refuse to ratify ti (Pimentel, Jr. v. Office of the Executive Secretary, G.R. No. 158088, July 6, 2005).
What are the differences between a treaty and an executive agreement?
A treaty is “an international agreement concluded between states ni written form and governed by international law, whether embodied in a single instrument or in two or m o r e r e l a t e d instruments and whatever its particular designation” (The Vienna Convention on the Law of Treaties, Art. 2[hereinafter VCLT]). An executive agreement is similar to a treaty, except that the former does not require legislative concurrence, is usually less formal, and deals with a narrower range of subject matters (Bayan Muna .v Romulo, G.R. No. 159618, February 1, 2011).
International agreements involving political issues or changes of national policy and those involving international arrangements of a permanent character usually take the form of treaties. But international agreements embodying adjustments of detail carrying out wel- established national policies and traditions and those involving arrangements of a more or less temporary nature usually take the form of executive agreements (Commissioner of Customs v. Eastern Sea Trading, G.R. No. L-14279, October 31, 1961).
Can the President enter into an executive agreement without the concurrence of the Senate?
Yes. The right of the Executive to enter into binding agreements without the necessity of subsequent Senate approval has been confirmed by long usage. From the earliest days of our history, we have entered into executive agreements covering such subjects as commercial and consular relations, most favored-nation rights, patent rights, trademark and copyright protection, postal and navigation arrangements and the settlement of claims. The validity of these have never been seriously questioned by our courts (Bayan Muna v. Romulo, G.R. No. 159618, February 1, 2011). However, the President may not, by executive agreement, enter into a transaction which is prohibited by statutes enacted prior thereto. Under the Constitution, the main function of the Executive is to enforce the laws enacted by Congress. He may not defeat legislative enactments that have acquired the status of law, by indirectly repealing the same through an executive agreement providing for the performance of the very act prohibited by said laws (Gonzales v. Hechanova G,R. No. L-21897, October 22, 1963)
Power relative to Appropriation Measures
The President shall submit to the Congress within thirty days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. (Sec. 22, Art. VII, 1987 Constitution)
The President may propose the budget, but still the final say on the matter of appropriations is lodged in the Congress. (Philippine Constitution Association vs. Enriquez, G.R. No. 113105, August 19, 1994)
No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. (Sec. 25 [5], Art. VI, 1987 Constitution)
Power of Augmentation
The President, President of the Senate, Speaker of the House, Chief Justice of the Supreme Court, heads of Constitutional Commissions may by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriation. (Art. VI, Sec. 25, par. (5), 1987 Constitution)
Under the doctrine of qualified political agencies, power of augmentation could be well extended to the Cabinet Secretaries as alter egos. (Nazareth vs. Villar, G.R. No. 188635, January 29, 2013)
What are the rules of succession if the vacancy in the Office of the President and/or Office of the Vice President occurred at the beginning of the term?
- If the President-elect dies or becomes permanently disabled, the Vice President-elect shall become President.
- If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified.
- If the President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and qualified.
- If no President and Vice President have been chosen nor shall have qualified or both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or a Vice President shall have been chosen and qualified. In the event of inability of the officials mentioned, Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice President shall have qualified. (NACHURA, p. 286).
What are the rules of succession if the vacancy in the Office of the President and/or Office of the Vice President occurred during the term?
- If the President dies or becomes permanently disabled, the Vice President shall become President.
- If the President resigns or is removed from office, the Vice President shall become President.
- If both the President and Vice President died, became permanently disabled, have resigned or were removed from office, Senate President or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a President or Vice President shall be elected and qualified. Congress, by law, shall provide for the manner in which one is to act as President in the event of inability of the officials mentioned above.
What is judicial power?
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion on the part of any branch or instrumentality of the Government. tI is vested in one Supreme Court and ni such lower courts as may be established by law.
What is the expanded judicial power/jurisdiction?
Article VI, Section 1, Par, 2 of the 1987 Constitution conferred upon the Supreme Court the authority ot determine whether any branch or instrumentality of the government has committed grave abuse of discretion amounting to lack or excess of jurisdiction (Mamba .v Lara, GR. . No. 165109, December 14,2009).
What does grave abuse of discretion mean?
Grave abuse of discretion, under Rule 65, has a specific meaning. It is the arbitrary or despotic exercise of power due t o passion, prejudice or personal hostility; or the whimsical, arbitrary, or capricious exercise of power that amounts to an evasion or refusal to perform a positive duty enjoined by law or to act at al in contemplation of law. For an act to be struck down as having been done with grave abuse of discretion, the abuse of discretion must be patent and gross (Reyes V. COMELEC, G.R. No. 207264 (Resolution), June 25, 2013).
Who exercises judicial power?
The Supreme Court, whether sitting en banc or in Division, acts as a collegial body as it exercises judicial power through the collective action of its individual members. While most of the Supreme Court’s work is performed by its three divisions, the Supreme Court remains one court - single, unitary, complete, and supreme. Flowing from this is the fact that, while individual justices may dissent or only partially concur, when the Supreme Court states what the law is, ti speaks with only one voice. Any doctrine or principle of law aid down by the court may be modified or reversed only by the Supreme Court en banc (Flight Attendants and Stewards Association of the Philippines v. PAL, G.R. No. 178083, March 13, 2018).
It also means that “although the Chief Justice is primus inter pares, he cannot legally decide a case on his own because of the Supreme Court’s nature as a collegial body. Neither can the Chief Justice, by himself, overturn the decision of the Court, whether of a division or the en banc” (Complaint of M.r Aurelio Indencia Arrienda against Justice Reynato S. Puno et. al., AM. . No. 03-11-30-SC, June 09, 2005).
What is judicial review?
Judicial review is the power of the courts to test the validity of executive and legislative acts ni light of their conformity with the Constitution. This is not an assertion of superiority by the courts over the other departments, but merely an expression of the supremacy of the Constitution (Angara .v Electoral Commission, GR. . No. 45081, July 15, 1936).
What are the requisites of judicial review?
(ASEL)
1. There must be an Actual case or controversy calling for the exercise of judicial power;
- The person challenging the act must have the Standing to question the validity of the subject act or issuance; otherwise stated, he must have a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement;
- The question of constitutionality must be raised at the Earliest opportunity; and
- The issue of constitutionality must be the very Lis mota of the case (Villafuerte v. Securities and Exchange Commission, G.R. No. 208379. March 29, 2022).
Explain the concept of standing as a requisite for judicial review.
A person has standing to challenge the validity of governmental act only if he has a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement. (People v. Vera, G.R. No. L-45685, November 16, 1937).
Do legislators have standing to sue the executive branch?
Yes. The Court has ruled that a member of the Senate, and of the House of Representatives has the legal standing to question the validity of a presidential veto or a condition imposed on an item in an appropriation bill. Where the veto is claimed to have been made without or in excess of the authority vested on the President by the Constitution, the issue of an impermissible intrusion of the Executive into the domain of the Legislature arises (Philippine Constitution Association v. Enriquez, G.R. No. 113105, August 19, 1994).
What is a political question?
The term “political question” connotes what ti means in ordinary parlance, namely, a question of policy. I refers to those questions which, under the constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislature or executive branch of the Government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure.
What is the limitation to the application of the political question doctrine?
The scope of the political question doctrine has been limited by Art. VI, Sec. 1, Par. 2 of the Constitution particularly the portion which vests in the judiciary the power “to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.”
What is a moot question?
A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value. Generally, courts decline jurisdiction over such case or dismiss it on the ground of mootness (Deutsche Bank AG London v. Kormasing, Inc., G.R. No. 201700. April 18, 2022).
