Dec 01 Poli Rev

Dec
01, 2017
Political Law Review
Read imbong v ochoa

The three branches of govt

Legislative
• House of Representative
• Senators

Non legislative function
• National board of canvasser
Do this in joint session, decided by the senate president
In case of tie, between the pres and VP, the majority of congress break the tie
• Call special election when there is vacancy to the position of the pres and the VP (45 to
60)
• In case of there is temporary disability in the office of the president, a letter from the
president shall be given to the congress that he is incapable of doing his job. The
congress will appoint the VP, until when? Until the president will write a letter. But if the
cabinet thinks that the president cannot do his job, and president he can there wil be
voting 2/3 votes is needed. If not reach 2/3 pres will do his functions
• In case the president suspend the privilege of habeas corpus or martial law, the
congress may veto, or shortened. The congress voting jointly may revoke the
declaration. The congess also may convene with 24 hrs. they may revoke and extend the
period of declaration of martial law or habeas corpus. They cannot simply extend, there
must be initiative from the president
• In case the president grants amnesty. Congress approves the presidential amnesty.
• In case the president enters in treaty, the treaty must concurred by 2/3 of the member
• The power to declare national emergency, 2/3 of the members but must vote separately
• The congress has the power to utilization of the national resources, by law may allow
small scale of utilization of natural resource
• The congress may act as constituent assembly, by votes of ¾ or 2/3 concon, or simple
majority
• Has the power to impeach. Who can congress impeach? The Pres, VP, CJ, and the AJ, the
chair and members of the 3 Constitutional Commissions, and the Ombusdsman, they
cannot be removed without impeachment. It may be initiated by member of the house,
or by citizen endorsed by the house, the presiding officer is the SP, except for the Pres
and VP there are to presiding officer the CJ and the Senate President. (house
prosecutor, Senate as the judge) a
• When it comes to qualification of election and returns the sole judge is the HRET. If
senate of the House the SET. The HRET and SET is composed of 3 SCJ, 3 members of
house,etc

POLIREV-‐ATTY BONG LOPEZ-‐ CLAVERIACAD1

• Is to confirm the appointment of the pres in regard to certain positions. CABINETS,
ambassadors, consuls, military from the rank of colonel up or Navy Captain Up 12
senators-‐12-‐representatives. In proportion. All other officers are vested to the President
and all other officers are appointed of the president except the 4 mentioned
• They approve the national budget, of the GAA fro the Fiscal Year
• They are entitled to one seat in the Judicial of Bar Council (JBC)

LEGISLATIVE FUNCTION
HOW DOES CONGRESS MAKES LAWS
-‐ A member from the senate of HOR that sponsors a bill (not yet a law)
-‐ Who proposes it a member of the house of senate
-‐ 3 readings to be done in separate days
-‐ there must only be one subject matter per bill
-‐ the subject matter must be embraced in one title, otherwise it will violate the 1 title and
subject matter
-‐ rider-‐ when one provision is not related to the subject matter
-‐ hodgepodge or log rolling-‐check the meaning
-‐ 1st reading-‐ number will be given (HB 14344, the title will be read)
o those who are in favor or voting will be written to the journal
o all the proceedings are recorded in the minutes of both houses.
o It will be given to the committees who shall make the draft to make the bill
o After the draft was written be given to plenary for the 2nd reading
-‐ 2nd reading there will be debate and interpellations
o the yes and nays will be recorded in the journal
o submitter to the commitees again to make the final draft
-‐ 3rd reading then approved will be given to the Senate
o from the senate there will be 1st , 2nd, and 3rd reading again
-‐ If it is now a bill, it will be give to the president, if it not acted within 30 days it is
approved
-‐ Then must be published if no publication violation of substantive due process
-‐ If the president will veto it, it will be return to the house where it is originated
-‐ The HoR or The Senate, they can override the veto of the president by 2/3 vote. The bill
will be a law despite the disapproval of the president
-‐ When the president veto a bill he must veto the entire bill. If it appropriation or tax bill
may approved or disapproved one item (item veto) there shall be no line veto.

-‐ the bill may originate from the HoR or Senate or both exception if it is an appropriation
bill or tax bill it must always come from the house
-‐ may the senator sponsor the bill pag may nabalitaan? Yes but they cannot act on it, wait
for the HoR to finish the process


normally the version are the same. If not the same, they create a special committee, they
may draft based on the both drafts or houses etc, that will be the final draft. And that final
draft is called the enrolled bill

what if there is conflict between the journal and the enrolled bill
it depends, of yes or nays, the journal, if it is the content of the bill, the entolled bill

tax law
-‐uniform
-‐ equitable
-‐progressive system of taxation

GAA
-‐ if there is a recess, the previous budget will be the budget unless they create a new
budget.
-‐ Once the budget is approved that cannot be changed
-‐ Cross boarder transfer not allowed
-‐ The one who will create budget is the respective agencies
-‐ The SC have Fisacal Autonomy, if approved their budget will be automatically release
-‐ Budget can be transferred within the department, what is disallowed is that the
money of executive will be transferred to legislative. It is subject to limitations, that
what will be transferred must came from savings.it must be declared that it is
savings (PDAF case)
-‐ DAP case is a cross boarder-‐ in criminal law is technical malversation
-‐ Autonomy of the LGU-‐internal revenue (IRA) they have automatic share

• If the cities is created
o 250 population entitled to 1 legislative district
o if province entitled only to one legislative district
o ARMM created a province, the congress is the one who can create legislative
district.

What are the provileges and prohibition of the members of the congress
1. If they are lawyers, they cannot appear in court when the other party is the government
2. They cannot engaged in any business, which they owned or relatives which they have
business interest, if they have reveal it to their houses
3. If there is session, they are immune from arrest, the offense is not punishable for more
that 6 years and 1 day if it 6 years and below they can be arrest, if there is no session
they can be arrest
4. Privilege speech, they can say anything they want they cannot be liable, it is applicable
only in plenary. The house can still discipline him even if they cannot be liable


5. If one of the congress is appoint in any position and accepts it automatically forfeits the
seats why? Violation of separation powers.

EXECUTIVE DEPARTMENT
-‐ Executive power is vested to the President alone. Those which performs functions
under executive, is presume to be the act of the president unless the president
reversed it. (Doctrine of Qualified Political Agency)
-‐ Corollary to the doctrine the president exercise two powers
o Control-‐is the power to alter, reverse, set aside a decision of the subordinate
( montano vs….pepsi cola v CA)
o Supervision-‐in LGU the power of the President is Supervision only why its
supervision only? Liaison power.Palaez v SOLGEN

How does he perform function
Through alter ego
DFA, DND, DILG, DENR, DOJ
-‐ Secretary, usec, asec
-‐ Executive prerogative
-‐ If appointed based on merit and fitness through examination
-‐ There must be a Civil Service Eligibilty, you can be as an acting
-‐ CESO
-‐ That he can appoint based on merit and fitness
-‐ He cannot appoint any relative with 4th degree from consanguinity, affinity.
-‐ Once appointed he will not be seated, will be submitted to the COA, then hearing,
approved, accepts and if accepted perfom regular functions (regular appointment)
-‐ President appointed wgen congress is not in session (ad interim appointment) the
appointee right away perform the functions immediately, when the congress will have
session they will check if qualified, if reject he cannot assume and perform functions and
cannot be appointed again.
-‐ Ad interim can perform the functions right away if he is not approved in regular session,
then next session (by pass) if by passed, the president must re appoint him,
-‐ If the appointee is rejected he cannot be reappointed. Can he be reappoint to other
departments? Yes, but not for the same position
-‐ Ad interim is also a permanent appointment-‐the president cannot take back the
appointment, he can be remove without just cause and due process
-‐ They cannot be remove.
-‐ Who are temporary appointed? Those who have no civil service eligibility, you cannot
be permanent even if you serve nth year.
-‐ Exempt from competitive exam policy determining, highly technical, primarily
confidential
If power to appoint the power to remove
-‐ Lower officials, there must be a just cause and due process


-‐ The secretaries/members of cabinet can be remove by the president by the pleasure
and discretion of the president.

DFA
-‐ Foreign affairs
-‐ In every country there is representative-‐ambassadors
-‐ The president is the number one ambassador
-‐ The president as head of state he is the best representative
-‐ The ambassadors represent the president
-‐ Diplomatic power-‐ to represent the state to the other state, also to enter an
international agreement, if treaty it must be voted 2/3 of the congress except if it
involves foreign troupes

DND
-‐ Arm forces of the Philippines
o Philippine army
o Philippine Navy
o Philippine Air force
-‐ The secretary is a civilian. (constitutional provision)
-‐ The president of the Philippines is the commander in chief, he exercise military power
o Call out the military lawless violence, invasion rebellion
o Suspend the privilege of habeas corpus rebellion, invasion
o Martial law in case of rebellion
-‐ Lansang v garica-‐ a political question the power is vested in president alone, we can only
trust and pray
-‐ Under 1987 constitution-‐ express provision that does not suspend the constitution.
-‐ Lino v Morales
-‐ You can inquire in the factual basis of the suspension of the habeas corpus and the
declaration of the martial law ( as discussed in the power of the congress) any citizen
can go to the SC and question if there is a factual basis of declaration of martial law.
-‐ The SC can inquire in the factual basis.
-‐ But in case of calling out power-‐a political question

DILG
-‐ Interior (PNP, BFP,BJMP)
-‐ ARTICLE 16 SEC 6. POLICE ARE NOT MILITARY ARM, THEY ARE CIVILIAN
-‐ NAPOLCOM
-‐ What is the power of the local executive to the police? They are deputized by
NAPOLCOM-‐ they can also deputized the mayor or the governor.
-‐ OP have the power of Direct supervision only to the province, highly urbanized city,
independent component city, then indirect to municipality, city, barangay. Can only file
administrative function by the direct supervisor


DENR
-‐ as an example only: under is Bureau of foresty, fishery, mines
-‐in admin case you cannot go to regular courts until you exhaust all the remedies (doctrine of
exhaustion of administrative remedies) if going to admin is futile

DOJ
-‐ Headed by secretary of justice
-‐ NBI, office of the Prosecutor, PAO, Bureau of immigration and deportation, shared in
BJMP with DILG
-‐ What is the difference between NBI and police, NBI is for organized crime.
-‐ The president also have pardoning power. Pardon, reprieve, commutation of sentecnce,
remission of crime or forfeiture, amnesty
-‐ Pardon
o Absolute-‐all penalty been removed,
o Conditional pardon-‐acceptance is needed, because the condition may be harder
than the penalty itself,
-‐ Reprieve
o Suspend only the penalty
-‐ Commutation of sentence
o Pinapababa ang sentence
-‐ Remission of crime
-‐ Amnesty
o Given to a group usually for political reason, even before any charges. Not sole
prerogative of evidence. Difference between amnesty and pardon (check)
-‐ Parole
o Di pa nawala parusa
o There is still penalty but for the meantime out of jail.
o Given when serve minimum sentence

Borrowing power of the President
-‐NEDA
-‐BSP

SUCCESSION
-‐ Before assumption of office on june 30 at noon
-‐ Failed to qualify or elect
-‐ The VP acts as the president until when? Until the president qualifies.
-‐ The VP does not become president he merely acts
-‐ If dies or permanently disabled. The VP becomes the President for the entire 6 years
-‐ Upon assumption of office pres permanently disable, dies, removed, resign, the VP
becomes the Pres until the end of the term of the president
-‐ Grounds for Impeachment?
-‐ ERAP case constructive resignation


-‐ Before assumption failed to qualify or both died disabled etc. the Senate Pres acts as
president. Until when? Until a new pres and VP qualify or elected
-‐ If Senate Pres died, the speaker of the house
-‐ Then died all, special election but there can be no election 18 months before the
election
-‐ Upon assumption dies, removal resign etc. the SP. Speaker of the house until a new pres
-‐ If VP dies, the president chooses one of the member of the congress, appoint and
confirmed by congress
JUDICIARY
-‐ Vested in one SC And other inferior court as may be created by law
-‐ The judicial power is not vested in the SC alone, it is vested within the SC and the
inferior court
-‐ Congress can increase the power and jurisdiction of the SC only if there is concurrence
recommendation from the justices
-‐ There is only one SC
-‐ If loss in pet u cannot appeal in the SC (makalintal v comelec)
-‐ Judicial power have adjudicatory power, to settle disputes and controversies over cases
-‐ Check what is judicial review-‐ the power to test the validity of acts, any branch of govt if
there is a grave abuse of discretion amounting to lack or excess of Jurisdiction.
-‐ Incidental powers, contempt, issue subpoena, grant deny motions oreder of the arrest
-‐ SC also has quasi-‐legislative power. Have the rule making power, for the protection and
enforcement of the rights
-‐ Check the power of the SC/ justices

The power of judicial review
-‐ There must be an actual case and controversy Justiciable Not moot and academic Ripe
for judicial determination
-‐ Locus standi (citizen standing, tax payer standing/suit, legislative, government suit,
epistolary jD, intergenerational suites, paren patriae.
-‐ Raised at the earliest opportunity
-‐ Lismota

When does the constitution violates its own rules?
-‐ Transcendental importance
-‐ Grave violation of the constitution
-‐


Dec 01 Poli Rev

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Dec 01 Poli Rev

Загружено:

Авторское право:

Доступные форматы

Dec

Вам также может понравиться