Legislative Department

[Assignment for July 25, 2018]

(a) Read: Sections 1 to 32, Art. VI, 1987 Constitution (pp. 675--819, Bernas, 2009 ed.)
(b) Read: pages 40-99, Constitutional Law 1 Syllabus (4th JD ed.)
(c) Read Article VII, Proposed Federal Constitution
(d) Read the following cases:
 Is it within the ambit of legislative power when Congress re-enacted the “or for three (3)
months for every year of the unexpired term, whichever is less” clause of R.A. 8042 ---
which was already declared unconstitutional?
Sameer Overseas Placement vs. Cabiles, G.R. No. 170139, Aug. 5, 2014
 Are post-enactment measures which govern the areas of project identification, fund
release and fund realignment not related to functions of congressional oversight and not
violative of separation of powers?
 Are these measures violative of the non-delegability of legislative functions?
Belgica vs. Alcantara, G.R. No. 208566, etc., November 19, 2013
 Are Rule 7 and Rule 8 of the Office of the Civil Registrar Gen. Adm. Order No. 1,
Series of 2004 insofar as they provide the mandatory use by illegitimate children of
their father’s surname upon the latter’s recognition of his paternity, accurate and
correct interpretation of Art. 176 of the Family Code, as amended by RA 9255?
Grande vs. Antonio, G.R. No. 206248, February 18, 2014
 Whether or not respondents’ issuance of DBM-DOH joint circular no. 1, s. 2012 is
null and void for being an undue exercise of legislative power?
Cawad vs. Abad, G.R. No. 207145, July 28, 2015
 What is subordinate legislation?
 Is DepEd Order No. 54, s. 2009, an invalid exercise of the rule-making power delegated to
the Secretary of Education?
Quezon City PTCA vs. DepEd, G.R. No. 188720, Feb. 23, 2016
 Does the party-list system include only sectoral parties?
 Should national and regional parties or organizations represent the “marginalized and
underrepresented” sectors?
 Must the nominees of the party-list group either belong to the sector, or must have a track
record of advocacy for the sector represented?
 Can major political parties participate in party-list elections?
Atong Paglaum vs. Comelec, G.R. 203766, April 2, 2013
 As the sole judge of the election, returns, and qualifications of the members of the House
of Representatives, can the judgment of the HRET be reviewed? Did HRET commit grave
abuse of discretion?
Delgado vs. HRET, G.R. No. 219603, Jan. 26, 2016
 Does the HRET have the power to annul election results on the ground of terrorism?
 Was there legal basis for the HRET to annul the election results?
Abayon vs. Daza, G.R. No. 222236, May 3, 2016
 Does the PDAF lump-sum appropriation render nugatory the "item veto” power of the
President?
Belgica vs. Alcantara, G.R. No. 208566, November 19, 2013
 Does R.A. No. 10354, “The Responsible Parenthood and Reproductive Health Act of
2012, violate Sec. 26(1), Article VI of the 1987 Constitution on the “one subject-one title”
rule?
Imbong vs. Ochoa, G.R. No. 204819, April 8, 2014
 Whether the imposition of excise tax on stemmed leaf tobacco under Section 141 of the
1986 Tax Code constitutes double taxation?
La Suerte Cigarette vs. CIR, G.R. No. 125346, Nov. 11, 2014
 Is the second paragraph of Section 14, RA 6770 insofar as it provides that no appeal
or application for remedy may be heard against the decision or findings of the
Ombudsman [except the Supreme Court] on pure questions of law, valid and
constitutional?
Carpio-Morales vs. Binay, G.R. No. 217126-27, Nov. 10, 2015
(e) Selected Cases for Digests (due on July 25, 2018)

 Are the statements of Trillanes been made in the course of the performance of his duties
as a Senator and, thus, are covered by his parliamentary immunity?
Trillanes vs. Judge Marigomen, G.R. No. 223451, March 14, 2018
 Is the manner in which Congress deliberated on the President’s request for
extension subject to judicial review?
Lagman vs. Pimentel, etc., G.R. No. 235935, Feb. 6, 2018
 Is a law required to adopt or implement the Disbursement Acceleration Program?
 Are unreleased appropriations and withdrawn unobligated allotments under the DAP
savings?
 Are cross border transfers, constitutionally permissible? Did the DAP violate the
prohibition against cross-border transfers?
 Was the sourcing of the DAP from unprogrammed funds despite the original revenue
targets not having been exceeded, valid?
Araulo vs. Aquino, G.R. No. 209287, July 1, 2014
 Is “savings”, as a concept, an ordinary species of interpretation that calls for legislative,
instead of judicial, determination?
 Can the power to augment be used to fund non-existent provisions in the GAA?
 Does the prohibition against cross-border transfer apply to appropriation and not to
savings?
 In an appropriation measure, is there is constitutional requirement for Congress to create
allotment classes within an item?
Araulo vs. Aquino, G.R. No. 209287, Feb. 03, 2015 [MR]
 Whether or not the use of the appropriation under 2014 GAA for the implementation of
the MVPSP was constitutional or did it involve an unconstitutional transfer of funds?
Dela Cruz vs. Ochoa, G.R. No. 219683, Jan. 23, 2018

2 0 1 6 B A R Section 8 of P.D. No. 910, entitled "Creating an Energy Development Board,

defining its powers and functions, providing funds therefor and for other purposes," provides that:
"All fees, revenues and receipts of the Board from any and all sources x x x shall form part of a
Special Fund to be used to finance energy resource development and exploitation programs and
projects of the government and for such other purposes as may be hereafter directed by the
President." The Malampaya NGO contends that the provision constitutes an undue delegation of
legislative power since the phrase "and for such other purposes as may be hereafter directed by
the President" gives the President unbridled discretion to determine the purpose for which the
funds will be used. On the other hand, the government urges the application of ejusdem generis.
[a] Explain the "completeness test" and "sufficient standard test."
[b] Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests?

2017 BAR Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the
Houses of Congress, and makes each Electoral Tribunal "the sole judge of all contests relating to
the election, returns, and qualifications of their respective Members." On the other hand, Sec.
2(1), C (Commission on Elections), Art. IX of the Constitution grants to the COMELEC the power
to enforce and administer all laws and regulations "relative to the conduct of an election,
plebiscite, initiative, referendum, and recall." Considering that there is no concurrence of
jurisdiction between the Electoral Tribunals and the COMELEC, state when the jurisdiction of the
Electoral Tribunals begins, and the COMELEC's jurisdiction ends. Explain your answer.

2017 BAR Give the limitations on the power of the Congress to enact the General
Appropriations Act? Explain your answer.

2017 BAR
Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the
House of Representatives and the President of the Senate and the certification by the secretaries
of both Houses of Congress that the bill was passed on a certain date are conclusive on the bill's
due enactment. Assuming there is a conflict between the enrolled bill and the legislative journal,
to the effect that the enrolled bill signed by the Senate President and eventually approved by the
President turned out to be different from what the Senate actually passed as reflected in the
legislative journal.
(a) May the Senate President disregard the enrolled bill doctrine and consider his signature as
invalid and of no effect? Explain your answer.
(b) May the President thereafter withdraw his signature? Explain your answer.

2017 BAR Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House
of Congress shall become a law unless it has passed three readings on separate days and printed
copies of it in its final form have been distributed to the Members of the House three days before
its passage. Is there an exception to the provision? Explain your answer.

(f) Prepare for a short quiz.