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LEGISLATIVE DEPARTMENT
Section 16 (2)
(2) 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 in such
manner, and under such penalties, as such House may provide.
What is Quorum?
o For deliberate assemblies, the required number of members present in order to
legally do business;
o If a rule speaks of majority, it is understood as simple majority = 50% plus 1
o Qualified majority = 3/4 or 2/3
o Is the 24 number constant? Is there no occasion to use a number lower than 24?
o Scenario:
24 senators: 1 died; 1 is confined in a hospital; 1 is in las vegas; total of
21 senators only
o Is there a difference between the way we determine the quorum and the way we
determine other voting requirements?
There is a difference between a majority of all the members of the
House and a majority of the House, the latter requiring less number
than the first (Avelino v Cuenco)
All of its members = 24 members
Majority of the house = based on the majority of those who are within
the reach of the compulsory process of the house
In LGU, the sanggunian can compel its member to be present this is for
the sake of its constituents.
o Example: an order compelling the attendance of Senator A who is in USA. This is
not valid. You cannot compel the attendance of a senator beyond the reach of
compulsory process of each house.
Section 16 (3)
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed sixty days.
1. Assume that under the Rules of Procedure of the HOR, 2 speeches are allowed during
the 2nd reading of a bill, one called the sponsoring speech (for the sponsor or author of
the bill) and the turno en contra speech (for the lawmaker opposing the bill). In
approving HB No 123456 on the second reading, the Speaker of the House asked the
body to dispense with the 2 speeches and proceeded immediately to voting because of
the urgency of the bill. This happened without amending first the Rules of Procedure.
The bill was approved on third reading and was eventually approved by the President.
The bill became RBH No 123400. X, a Congressman, questioned the validity of RBH No
123400 in court on the ground that the House Rules of Procedure were not observed in
approving the bill. Will it prosper?
o No. GENERALLY, house Rules of Procedure are internal. Unless they affect the
public, it would only pertain to the internal affairs of the House concerned and is
not subject to judicial review. EXCEPT, the same remains within the scope of the
Constitution and does not infringe rights of individuals, it cannot be the subject
of judicial review.
Discussion:
o Will the court even take cognizance of the issue mentioned above? Is the issue
justiciable?
It is a political question because Article 6 (3) Each House may
determine the rules of its proceedings.
Generally, this is the FULL DISCRETIONARY POWER OF THE
CONGRESS. But theres an exception: rules affect rights of persons and
if the rule is within the scope of the constitution.
ARROY VS DEVENECIA:
He questioned that there was absence of quorum because he was
not allowed to question the quorum so the majority just
proceeded and he complained why quorum was not verified. The
SC ruled that the case was merely an internal issue of the house.
The prevailing view is that the rules are subject to revocation,
modification or waiver at the pleasure of the body adopting said rules.
Courts cannot interfere.
Should the rules of procedure be published?
o General rule: The Constitution does not require publication of the internal rules
of the House or Senate.
Since internal rules affect only their members are internal, such rules
need not be published unless such rule expressly provide for their
publication before the rules can take effect (Pimentel Jr v Senate
Committee on the Whole, 2011)
o Exception: SECTION 21. The Senate or the House of Representatives or any of
its respective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.
o Therefore, the publication of the rules of procedure depends on the nature of the
rules. If it affects the public, then it must be published. If it does not affect the
public, no publication at all. Further, unless the rules require a
publication or the constitution requires it.
o Q: So what if the 17h congress just adopted the rules of procedure from the 16th
congress. Does it have to be published?
o A: every congress, the rules of procedure must be published.
o Q: rules of procedure is available on the internet. Is that tantamount to
publication:
o A: No, because to publish it should be in the official gazette
Section 16 (3) Each House may determine the rules of its proceedings, punish its Members
for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend
or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.
Santiago v Sandiganbayan
If senator santiango will be suspended by the sandiganbayan, will it not violate the rule
that only the house has the power to discipline its own members?
o Yes, the disciplining power is exclusive by the Congress. However, that
presupposes that the penalty or the disciplinary action is imposed upon the
members of the house for disorderly behavior. So when a suspension order is
served, not on the basis for the orderly disorderly behavior charged, but
because she violated the anti-graft corruption act then that is not covered by the
rule that the house has the exclusive power to discipline is own members.
Thus, in its resolution in the case of Ceferino, Paredes Jr v Sandiganbayan et al, the
Court affirmed the order of suspension of Congressman Paredes by the Sandiganbayan,
despite his protestation on the encroachment by the court on the prerogatives of
Congress.
Section 16 (4)
(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment, affect national security; and the yeas and nays on
any question shall, at the request of one-fifth of the Members present, be entered in the
Journal.
Section 17.
SECTION 17. The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six 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.
1. X and Y were candidates for Congressman of the first District of Cebu City during the
May 2016 elections. A petition for disqualification was filed by X against Y alleging that Y
is not a natural-born Filipino. The petition was not immediately acted upon by the
COMELEC before the election and Y was voted for and obtained the highest number of
votes. Y was then proclaimed as the duly-elected Congressman for the first District of
Cebu City on June 29, 2016. On July 1, 2016, X filled in the COMELEC a Motion for
Resolution of his petition to disqualify Y. How should the COMELEC resolve the Motion
filed by X?
DISCUSSION:
2. X and Y were candidates for Congressman of the first District of Cebu City during the
May 2016 elections. A petition for disqualification was filed by X against Y alleging that Y
violated the Omnibus Election Code for using public funds for his campaign materials.
The petition was not acted upon by the COMELEC before the election and Y was voted
for and obtained the highest number of votes. After the election and before
proclamation of Y, the second division of the COMELEC ordered the suspension of Ys
proclamation and thereafter granted the petition for disqualification. Thereafter, the
COMELEC ordered the proclamation of X, who garnered the second highest number of
votes and who immediately took his oath. Y had timely filed a Motion for
Reconsideration which was not immediately acted upon until July 1, 2016. Was the
COMELEC already divested of its jurisdiction?
DISCUSSION:
Article 6, section 11
Section 11. A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned nor be held liable in any other place
for any speech or debate in the Congress or in any committee thereof.
FREEDOM FROM ARREST: I made this problem to highlight the fact that
parliamentary immunity DOES NOT refer to prosecution, DOES NOT refer
to indictment. It refers only to arrest. So you can be prosecuted, you can
be indicted, criminal case can be filed against you regardless of the penalty.
HOWEVER, at the time you will be arrested, a warrant is served. Now, WE
DISTINGUISH THE 2 KINDS OF OFFENCES IN SECTION 11 OF ARTICLE 6.
Freedom from arrest: consider the following
(1) penalty
* more than 6 years = NO Privilege
* less than 6 years = WITH privilege
(2) session
hold the hearings there. That is why is it not ONLY the place of
utterance that matters, this is not the only factor that we should
consider.
FOCUS ON: (1) IN ANY OTHER PLACE where the congress can
invoke parliamentary immunity and therefore members of
congress CANNOT INVOKE PARLIAMENTARY IMMUNITY INSIDE
THE CONGRESS!!! ASSUMING THAT THE ACT CONSTITUTES OF
DISORDERLY BEHAVIOR UNDER THE RULES.
Is the place of utterance important so that they can invoke the immunity? Well, YES.
BUT That is not the only factor that matters. The controlling factor therefore is the
nature of the function discharge of the lawmaker at the time of the utterance.
the question is whether or not he is performing a function of a LAWMAKER.
(JIMENEZ V CABANGBANG)
- Refers to utterances made by members of Congress in the performance of their official
functions, such as speeches delivered, statements made, or votes cast in the halls of Congress,
while the same is in session as well as bills introduced in Congress, whether the same is in
session or not, and other acts performed by Congressmen, either in Congress or outside the
premises housing its offices, in the official discharge of their duties [controlling phrase]
as members of Congress and of Congressional Committees duly authorized to perform its
functions as such at the time of the performance of the acts in question.
Section 13.
2. Senator A was appointed as the new DILG Secretary, while Senator B was appointed as
Chairman of the Climate Change Commission (CCC), a newly-created commission
established by RA 123402 to address the alarming effects of climate change. Are the
appointments valid?
SECTION 13. No Senator or Member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.
INCOMPATIBLE OFFICE and FORBIDDEN OFFICE
o INCOMPATIBLE = appointment is valid provided the seat is forfeited.
No Senator or Member of the House of Representatives may hold any
other office
What makes an office incompatible is when it is an office
OUTSIDE THE CONGRESS.
Q: Who is the chairman of COA? How many members?
A: Senate president; 24 + 1
So if you hold an office in COA are you holding an office outside the
congress? NO. Because COA is in the office of the Congress, same
thing with the electoral tribunal. Hence, NOT AN INCOMPATIBLE
OFFICE.
o FORBIDDEN = it is void even if valid.
2 KINDS: (1) an office that has just been created during the term of the senator
concerned [not necessary siya nakapacreate. Okay ra bisan gi-sponsor ra.
Important is na create sya during his term.] (2) an existing office, is NOT A
NEWLY created office, but EMOLUMENTS HAVE BEEN INCREASED
DURING HIS TERM. Such as salaries and benefits have been increased.
SECTION 12.
SECTION 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests. They shall
notify the House concerned of a potential conflict of interest that may arise from the filing of a
proposed legislation of which they are authors.
1. Can a Senator, President of the Phils, Cabinet Sec or CSC Commissioner be a
(a) stockholder or
(b) President or CEO of a private corporation
o Lawmaker/Senator
General rule: Yes, he is only required to make a FULL DISCLOSURE OF
THEIR FINANCIAL and BUSINESS INTERESTS. When there is a potential
conflict of interest, he is required to notify the congress. Therefore, there
are 2 requirements: disclosure and notification [requirements set
forth by section 12]
Exception: Section 13 Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or special
privilege granted by:
Government
any subdivision
agency
instrumentality thereof
GOCC or its subsidiary
o President and Cabinet member
Article 7, Section 13 They SHALL NOT, during said tenure, directly or
indirectly, practice any other profession, participate in any business, or
be financially interested in any contract with, or in any franchise, or
special privilege granted by:
Government
any subdivision
agency
instrumentality thereof
GOCC or its subsidiary
The prohibition will apply to the following:
(1) The President, (2) Vice-President, (3) the Members of the
Cabinet, (4) and their deputies or assistants
o Q: Can a civil service COMMISSIONER become a stockholder/COO/CEO?
A: It depends. If you are a commissioner of the constitutional commission
you can be a stockholder, provided, you dont own majority or any
controlling interest. ACTIVE MANAGEMENT OR CONTROL.
Article 9, SECTION 2. No Member of a Constitutional Commission shall,
during his tenure, hold any other office or employment. Neither shall he
engage in the practice of any profession or in the ACTIVE
Prepared by: Sunshine Rubin
Phil Christer Gaspar
Constitutional Law I Notes EH 304 is LOVE
a) The bill is filed with the Bills and Index Service and the same is numbered and
reproduced.
b) Three days after its filing, the same is included in the Order of Business for First
Reading.
c) On First Reading, the Secretary General reads the title and number of the bill. The
Speaker refers the bill to the appropriate Committee/s.
3. COMMITTEE CONSIDERATION/ACTION
a. The Committee where the bill was referred to evaluates it to determine the necessity of
conducting public hearings.
If the Committee finds it necessary to conduct public hearings, it schedules the time
thereof, issues public notics and invites resource persons from the public and private
sectors, the academe and experts on the proposed legislation.
If the Committee finds that no public hearing is not needed, it schedules the bill for
Committee discussion/s.
b. Based on the result of the public hearings or Committee discussions, the Committee may
introduce amendments, consolidate bills on the same subject matter, or propose a
subsitute bill. It then prepares the corresponding committee report.
c. The Committee approves the Committee Report and formally transmits the same to the
Plenary Affairs Bureau.
4. SECOND READING
1. The Committee Report is registered and numbered by the Bills and Index Service. It is
included in the Order of Business and referred to the Committee on Rules.
2. The Committee on Rules schedules the bill for consideration on Second Reading.
3. On Second Reading, the Secretary General reads the number, title and text of the bill
and the following takes place:
i. viva voce
ii. count by tellers
iii. division of the House; or
iv. nominal voting
5. THIRD READING
1. The amendments, if any, are engrossed and printed copies of the bill are reproduced for
Third Reading.
2. The engrossed bill is included in the Calendar of Bills for Third Reading and copies of the
same are distributed to all the Members three days before its Third Reading.
3. On Third Reading, the Secretary General reads only the number and title of the bill.
4. A roll call or nominal voting is called and a Member, if he desires, is given three minutes
to explain his vote. No amendment on the bill is allowed at this stage.
8. CONFERENCE COMMITTEE
1. If the bill is approved the President, the same is assigned an RA number and transmitted
to the House where it originated.
2. If the bill is vetoed, the same, together with a message citing the reason for the veto, is
transmitted to the House where the bill originated.
11. ACTION ON APPROVED BIL
The bill is reproduced and copies are sent to the Official Gasette Office for publication and
distribution to the implementing agencies. It is then included in the annual compilation of Acts
and Resolutions.
SECTION 21.
SECTION 21. The Senate or the House of Representatives or any of its respective committees
may conduct inquiries IN AID OF LEGISLATION in accordance with its duly published rules of
procedure. The rights of persons appearing in or affected by such inquiries shall be respected.
3. The Senate of the Philippines asked the Secretary of Education, Sec. Lapis, and the President
of the Philippines to attend a legislative inquiry about alleged anomalies and corruption
committed by certain government officials in the Department of Education involving illegal
procurement of school supplies and books. Invoking executive privilege, Sec. Lapis refused to
attend the legislative investigation contending that procurement of school supplies and
materials is an executive, not legislative, function. The president also refused to attend the
hearing and was quoted as saying problema ni Lapis yan, wala akong pakialam! Kung gusto
nila ipasara ko yang inutil na Senado nay an! May Sec. Lapis and the president be punished for
contempt by the Senate for their refusal to attend the inquiry? Why or why not?
What happened in the case of BENGZON VS. SENATE BLUE RIBBON COMMITTEE?
o It was not in aid of legislation because it was in fact determined by the court
that the purpose of the investigation really was just to indetify possible
offenders. Apparently, a lawmaker transferred properties in a local group etc.
therefore, potential violation of law might have been committed. The SC ruled
that the investigation must be in AID OF LEGISLATION.
WHAT IS IN AID OF LEGISLATION?
o Distinguished from Question Hour (Senate vs. Ermita)
o Inherent in Congress (and its Committees); co-extensive with the power to
legislate? (Arnault vs. Nazareno), but not inherent in local legislative
bodies (Negros Oriental II Electric Coop vs SP);
o in aid of legislation does not mean that the investigation should result to a
piece of legislation
o Subject to constitutional limitations: in aid or legislation, in accordance with the
duly published rules of procedure (see: garcilliano vs senate), and rights of
those affected are respected (Neri vs Senate)
o Subject to inherent limitation: Separation of powers and Co-equality of
government branches (e.g. Executive Privilege )
There is no requirement that a pending bill must be present or a proposed bill must be
the result of an investigation. What is only REQUIRED is, investigation is conducted to
gather information that may be necessary in the performance of legislative function.
Legislative function is not only law making. In fact, if this investigation is just to know
whether public funds were appropriated properly then it is a function found within the
legislative department.
How can a lawmaker craft law if it does not have any necessary information.
not inherent in local legislative bodies:
o why? Because LGU only exercise delegated powers. Under administrative law,
this administrative bodies and other agencies outside of congress can only
exercise the power to issue subpoena and cite the disobedient party in contempt
of court if they are provided for by law or granted by law that power. In the
absence of a law granting them that power then they cannot exercise. Especially
Prepared by: Sunshine Rubin
Phil Christer Gaspar
Constitutional Law I Notes EH 304 is LOVE
OTHER POWERS: Art. II, Section 4 as board of Canvassers in Elections for President and Vice-
president
What is the purpose for canvassing? It is not counting anymore. Canvassing is different
because instead of looking at the ballots, ballots are no longer counted in the period of
canvassing. Rather canvassing is the authentication of the election returns, thats the
purpose. Election returns are the summary of the result of the counting.
We divided several tribunals to act as the board of canvassers and for the president and
vice-president we have the CONGRESS to act as the electoral tribunal.
Call special election for president and vice president (Art. VII, Section 10)
NOTE: NO MEMBER FROM THE SENATE AND HOUSE OF REPRESENTATIVE CAN EVER
BECOME THE PRESIDENT OR VICE-PRESIDENT as we will see later on THE MOST that
a senator of congressman can serve is in acting capacity only.
If there is vacancy, there will be a SPECIAL ELECTION called by the congress
Revoke/extend suspension of privilege of writ of habeas corpus, declaration of martial law (Art.
VII, Sec.18)
Declare war and delegate emergency powers (Art. VI, Sec. 23)
in case of war and other national emergency interpreted by our supreme court
to include not just man-made national emergency related to war but even calamities
and other natural disasters. (e.g. national emergency metro manila traffic)
PRESIDENTIAL DECREES = the president can legislate while exercising emergency
powers this is in pursuant to a declared national policy.
o Caveat: not all kinds of legislations can be pass. Only those legislations that
are in pursuant to the declared national policy.
Prepared by: Sunshine Rubin
Phil Christer Gaspar
Constitutional Law I Notes EH 304 is LOVE
What happens in the Senate is POLITICAL JUSTICE (not legal or judicial justice, FORGET
EVIDENTIARY RULES), it is a sui generis proceeding
o Will really be decided by a vote not by the evidence
o very high threshold to be justiciable as it is a political question
- What are the consequences of the conviction by the Senate?
o Removal of office (only result)
o And disqualification of any public office
o Not extend further than removal of office
o Criminal case may be filed later on (but not on a basis of what transpired in
impeachment)
- When an official resigns before trial
o Not render it to be moot and academic
o There is still another penalty of disqualification
EXECUTIVE DEPARTMENT
Preliminary discussion focus:
- Qualifications
- Election terms
- Others
(Review Citizenship topic)
1. RESIDENCY REQUIREMENT:
- Under election laws, domicile is synonymous with residence.
If you want to establish a new domicile, there are three requirements:
1. Anomous matindae intention to live permanently in the new domicile
2. Anomous non-revertindae intention not to return to your old domicile
3. Physical presence in the new domicile (Romualdez Doctrine)
Note: But the caveat here as developed by the case of Grace Poe, if you are required to be a
resident of the Philippines for 10 years and you have been a domicile of another country and
wishes to re-establish domicile in the Philippines. Apparently, the SC has not required the
requirement of physical presence should also be 10 years before the day of election. It is
possible that one can re-establish domicile even not physically present provided there are other
indications of that intent to establish new domicile.
2. TERM OF OFFICE:
- the immunity becomes a material in order to distinguish the acts whether were
performed in his official capacity or beyond his official capacity (Ex. If the President
commits murder then during his incumbency he is immune from a suit, but after tenure
or actual incumbency or term then can now be prosecuted for the crime of murder being
not a function of the President.
Worthy to note:
In Soliven vs Macasiar, the then President Cory was the one who sued the publisher of a
newspaper. It was said that the President being immune from suit cannot also sue (failing
argument). The SC was dismissed and distinguished between the privilege and the right to sue.
Besides it is a privilege where the President may or may not invoked.
2. SEC 13, ART VII PROHIBITIONS
- The President, VP, Cabinet Members their deputies and assistants shall not hold any
other office, unless otherwise provided in this Constitution. As instances where a VP be
appointed to a cabinet office or acting as President is not prohibited even holding two
offices. Worth noting is Sec 8, Art VIII where one of the JBC members must be the
Secretary of Justice as an ex-oficcio member. But if the office is occupied without any
additional compensation in an ex-officio capacity required by law is not prohibited.
3. SUCCESSION
- Instances before assumption of office, the President-elect and the VP-elect shall assume
office at the beginning of their terms. There are different situations there as to what
may happen.
Before noon of June 30
Three Situations:
a. If the President-elect fails to qualify, the VP will act as the president until he is
qualified. (Ex. If the President have been by final judgment disqualified or cannot
take the oath, then really fails to qualify.)
b. If no President had been chosen, the VP will act as the president until
proclamation is made. (Ex. If no proclamation for any reason has been made,
then we had not chosen a president.
c. If in case of temporary disability/incapacity of the President, the VP acts as the
president.
After noon of June 30
Instances that may happen are
a. President dies, permanently disabled, or has been removed or has resigned, then
the VP becomes the President. Absence of the two, then it will be the Senate
President or Speaker of the House who will act as the president. One way of
sticking to the Doctrine of Separation of Powers, that no official elected as
lawmaker shall become an executive official. (This happens either before or after
assumption of office.) In unfortunate case where no Senate President or House
Speaker, the Constitution mandates that the Congress will have to provide as to
who shall act as the president by passing a law.
4. POWER AND FUNCTIONS OF THE PRESIDENT
Prepared by: Sunshine Rubin
Phil Christer Gaspar
Constitutional Law I Notes EH 304 is LOVE
Effects: The effect in the power of control is that the superior can undo the act and
substitute it with its own, while in general supervision the superior simply declares the
act void but not permitted to substitute the judgment if his subordinate but can only
order the subordinate to redo it.
Worth noting:
In Ganzon vs CA, the power of the president to discipline local government officials is
not incompatible with general supervision power. This means that the president may discipline
and will not be considered as control since disciplining Local Government officials is simply like
the president telling they should follow the law.
6. SEC 16 - POWER OF APPOINTMENT
- the President shall nominate and, with the consent of the Commission on Appointments,
appoint the heads of the executive departments (Ex. secretaries), ambassadors, other
public ministers and consuls (Ex. foreign affairs), or officers of the armed forces from
the rank of colonel or naval captain(different rankings when you say marine, air force,
military), and other officers whose appointments are vested in him in this Constitution
(Ex. Chairman and members of Constitutional Commission Art. 9,Member of the
Judicial Bar Council Art 8, and Sectoral Representatives but was replaced by the Party
List System.)
Question: Can congress pass a law creating a commission name Moral Recovery Commission
due to the extra judicial killings headed by a chairman whom shall be appointed by the
president adding the provision, with the conformity of the Commission on Appointments. Is
there a constitutional infirmity to the law passed by congress? Yes, since what is
enumerated in the constitution under section 16, but the President can still appoint other
officers of the government when the law has failed to mention the appointing authority as part
of the residual power of the president. But a law may be passed giving the power of
appointment in the president alone without the conformity of the Commission on Appointments.
Different Kinds of Appointments:
i. ad interim appointment or recess appointment
- appointment is permanent until such is disapproved by the Commission on
Appointments or until the next adjournment of congress
- appointments made while congress is not is regular or special sessions
- adjournment senidae when the congress is being replaced with the new one
j. temporary appointment
- exception under Sec 15
Limitations on Appointments:
- Limitations on Sec 13 to avoid NEPOTISM which may extend up to the 4th degree of
consanguinity or affinity but is only limited to the positions members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including government owned
or controlled corporations and their subsidiaries.
- Prohibiting midnight appointments under Sec 15 Two months immediately before the
next presidential elections and up to the end of his term, a President or acting President
Prepared by: Sunshine Rubin
Phil Christer Gaspar
Constitutional Law I Notes EH 304 is LOVE
- In re Cunanan where a law was pass reducing the passing rate for bar
unconstitutional since admission to the bar is an exclusive function of the SC
- Judges and Justices are prohibited non judicial functions
- In re Manzano, where the judge was designate by the mayor as the provincial society of
justice. Nullified since non judicial function
- Supervision on lower courts inclusive of clerks of courts such as discipline on its
personnel
- In Maceda vs Basquez, the rule of the Ombudsman vis--vis the rule of the SC. Can a
criminal complaint be file against a judge or court employee before the Ombudsman?
Yes, since there is no prohibition on it but the Ombudsman must defer action on the
complaint and refer the same to the SC for determination whether the judge acted
within his duties.