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Construction
(Pre-‐Midterms)
M
v.
Carale
GR
No.
91636
Apr.
23,
1992
Facts:
Pursuant
to
the
law,
President
Aquino
appointed
Chairman
INTRODUCTION
and
Commissioner
of
the
NLRC
representing
the
public,
workers
and
The
Essentials
employers
sector.
Petitioners
question
constitutionality
and
legality
Statutory
construction
–
Art
of
seeking
legislative
intent,
in
enacting
of
the
permanent
appointment
extended
by
the
President
to
the
a
statute,
and
applying
it
to
a
certain
set
of
facts.
respondent
Chairman
and
Members
of
the
NLRC,
without
submitting
the
same
to
the
Commission
on
Appointments
for
confirmation
“The
art
or
process
of
discovering
and
expounding
the
meaning
and
pursuant
to
RA
6715
as
amended.
Petitioners
insist
on
the
intention
of
the
authors
of
the
law,
where
that
intention
is
rendered
Mandatory
compliance
with
RA
6715
which
has
in
its
favor
the
doubtful
by
reason
of
ambiguity
in
language
or
the
fact
that
given
presumption
of
validity
and
which
he
contends
that
the
law
is
not
an
case
is
not
explicitly
provided
for
in
the
law”
encroachment
on
the
appointing
power
of
the
executive
as
provided
for
by
the
constitution,
as
congress
may,
by
law,
require
What
is
art?
Is
not
an
exact
science.
Gives
the
SC
the
widest
confirmation
by
the
Commission
on
Appointments
of
other
officers
discretion
to
interpret
the
law.
Discretion,
you
could
decide
in
appointed
by
the
president.
anyway
and
still
be
right.
Except
where
there
is
grave
abuse
of
Issue:
WON
congress
may,
by
law,
require
confirmation
by
the
discretion.
Commission
on
Appointments
of
appointments
extended
by
the
president
to
government
officer,
in
addition
to
those
expressly
Construction
=
Construe
mentioned
in
the
first
sentence
of
Sec.
16,
Art,
VII
of
the
Ascertain
the
meaning
and
then
apply
the
law.
Interpreting
the
law.
Constitution.
NLRC
Chair
not
part
of
the
First
Sentence.
Held:
No.
The
provisions
of
first
paragraph
of
Sec.
16,
Art
VII
of
the
Legal
hermeneutics
-‐
Systematic
body
of
rules
which
are
recognized
Constitution
is
exclusive
and
cannot
be
expanded
by
mere
act
of
as
applicable
to
construction.
Branch
of
science
that
established
legislation.
The
provision
of
the
law
appertaining
to
the
confirmation
principles
and
rules
of
statutory
construction.
by
the
commission
on
appointments
transgresses
the
constitution
Exergesis
-‐
application
and
is
therefore,
without
any
legal
basis.
Distinguish
Legal
Hermeneutics
and
Statutory
Construction?
The
SC
held
that
the
provision
of
RA
6715,
Sec
13.
Is
unconstitutional
Leal
hermeneutics
apply
the
law
in
a
process
called
Exergesis.
because:
1. It
amends
by
legislation,
the
first
sentence
of
Sec.
16
Art.
Construction,
Purpose
of:
VII
of
the
Constitution
by
adding
thereto
appointments
1. Ascertain
–
the
meaning
of
the
law
requiring
confirmation
by
the
Commission
on
2. Give
it
meaning
Appointment
3. In
accord
with
legislative
intent
2. It
amends
the
second
sentence,
by
imposing
the
4. In
the
interpretation
of
all
laws,
it
is
to
ascertain
give
effect
confirmation
of
the
Commission
on
Appointments
on
to
the
intent
of
the
law
appointments
which
are
otherwise
entrusted
only
with
the
5. Determine
legislative
intent,
what
intention
is
conveyed
president.
either
expressly
or
impliedly,
by
the
language
used.
“The
legislature
cannot,
upon
passing
law
which
violates
constitutional
provision,
validate
it
so
as
to
prevent
an
attack
When
will
the
Courts
Construe
the
Law?
thereon
in
the
courts,
by
a
declaration
that
it
shall
be
so
construed
When
there
is
ambiguity.
When
we
are
left
to
speculate.
as
not
to
violate
the
constitutional
inhibition”
SC
said
appointment
to
NLRC
position
do
not
require
confirmation
of
Construction,
Scope
of:
by
Commission
on
Appointments,
as
the
provision
in
RA
6715
is
1. Intention
is
doubtful
declared
unconstitutional.
NLRC
Chairman
and
Commissioners
are
2. Ambiguity
in
language
those
among
whom
the
President
may
be
authorized
by
law
to
appoint.
Ambiguity
–
is
thus
a
condition
precedent
to
statutory
construction.
Being
susceptible
to
more
than
one
interpretation.
A
condition
Congress
you
Cannot
bind
us;
what
part
says
that?
admitting
2
or
more
interpretations.
If
Congress
tells
them
what
it
means
then
it
would
be
encroaching
on
the
power
of
the
Supreme
Court
to
Construe
the
law.
Violates
Can
we
dictate
upon
the
SC
on
how
to
construe?
Can
we
bind
the
separation
of
powers.
court
to
use?
Rules
of
StatCon
cannot
bind
the
Supreme
Court.
It
is
merely
used
to
“persuade”.
Not
mandatory,
only
has
a
persuasive
Whichever
way
you
construe
the
law,
if
it
is
not
the
SC
it
is
not
effect
to
the
SC.
NOT
rules
of
law
but
merely
axioms
of
experience.
binding.
SC
is
the
legal
arbiter
of
any
and
all
legal
context;
thus
only
the
SC
can
construe
the
law.
So
what’s
the
use
of
studying
StatCon?
You
can
use
StatCon
to
persuade,
but
not
force.
Exceptions
–
When
Congress
may
construe
the
law?
When
the
Congress
indicate
on
how
it
should
be
construed.
(They
advice)
Remedy
of
courts
in
case
of
Ambiguity:
Example:
1. Construe
Statute
1. Section
4,
Labor
Code:
“All
doubts
in
the
implementation
2. Give
it
meaning
and
interpretation
of
the
provisions
of
this
Code,
including
3. In
accord
with
legislative
intent
its
implementing
rules
and
regulations
shall
be
resolved
in
4. We
construe
only
when
there
is
ambiguity
favor
of
labour.”
2. Article
10,
Civil
Code:
“In
case
of
doubt
in
the
interpretation
or
application
of
laws,
it
is
presumed
that
the
law
making
body
intended
right
and
justice
to
prevail.
1
Bernadette
Guanine
Barte
(Babyg)
|
ATTY.
GUJI
Exception
to
the
exception
–
When
it
doesn’t
follow
the
intention
of
the
law.
The
bottom
line
is
the
SC
still
has
the
last
say
in
construing.
Intent
Purpose
Looks
FORWARD
Looks
BACKWARD
Interpretation
Construction
The
spirit
which
gives
life
to
Reason
why
a
particular
Meaning
of
words
Read
between
the
lines
legislative
enactment
statute
was
enacted
by
Finding
the
true
meaning
and
Drawing
unwarranted
legislature
sense
of
any
form
of
words
conclusions
not
always
Primary
source
is
the
law
itself
included
in
direct
expressions,
or
determining
application
of
Different
Kinds
of
Interpretation
words
to
facts
in
litigation
Close
interpretation
–
literal,
adopted
if
just
reasons
connected
with
the
character
and
formation
of
the
text
induce
as
to
take
the
words
Legislative
meaning
–
is
what
the
law,
by
its
language,
means.
What
in
the
narrowest
meaning.
This
is
generally
known
as
“Literal”
it
comprehends;
what
it
covers
or
embraces;
what
it
limits
or
interpretation.
Language
and
phrases.
confines
are.
What
does
the
legislature
really
intend?
Extensive
Interpretation
–
“liberal”,
if
adopts
a
more
comprehensive
Legislative
intent
–
is
the
vital
part,
essence
of
the
law.
Intent
is
the
signification
of
the
words.
Intent.
Depart
from
the
language
of
the
spirit
which
gives
life
to
legislative
enactment.
FORWARD
law
and
go
to
the
intent
of
the
law.
Legislative
purpose
–
is
the
reason
why
a
particular
statute
was
Republic
v.
Manalo,
GR
No.
221029
Apr.
24,
2018
enacted
by
the
legislature.
What
did
the
legislature
intend
to
Facts:
Marelyn
Tanedo
Manalo
was
married
to
a
Japanes
National,
achieve
or
accomplish
by
enacting
a
statute?
BACKWARD
Minoru
Yoshino.
Manalo
filed
for
and
was
granted
divorce
in
Japan
sometime
in
2011.
Manalo
filed
with
a
Dagupan
RTC
to
have
her
Federation
of
Free
Farmers
vs
CA,
G.R.
No.
41161,
Sept.
10,
1981
Japanese
Divorce
recognized
in
the
Philippines.
RTC
denied
her
Sec.1
or
RA
809,
Sugar
Act
of
1952
provides:
“In
the
absence
of
petition
Art.
15
Nationality
Principle,
CA
reversed
follow
legislative
written
milling
agreements
between
the
majority
of
planters
and
intent
of
the
Family
Code.
the
millers
of
sugarcane
in
any
milling
district
in
the
Philippines
xxx
Issue:
WON
her
the
foreign
divorce
obtained
by
her
abroad
should
shall
be
divided
between
them”
be
recognized.
Sec.
9
provides:
“the
proceeds
of
any
increase
in
participation
Held:
Par
2
of
Art
26
“a
divorce
xxx
validly
obtained
abroad
by
the
granted
the
planters
under
this
Act
and
above
their
present
share
alien
spouse
capacitating
him
or
her
to
remarry.”
Based
on
a
clear
shall
be
divided
between
the
planter
and
his
laborer
of
the
and
plain
reading
of
the
provision,
it
only
requires
that
there
be
a
plantation”
divorce
validly
obtained
abroad
by
the
alien
spouse.
The
purpose
is
Issues:
“to
avoid
the
abused
situation
where
the
Filipino
spouse
remains
1. What
is
the
meaning
of
“in
the
absence
of
written
milling
married
to
an
alien
despite
an
effective
foreign
divorce
decree”
agreements”?
Plain-‐view,
no
problem.
The
court
will
not
follow
the
letter
of
the
statute,
if
doing
so
would
2. Does
RA809
apply
even
if
there
is
a
written
milling
depart
from
the
true
intent
of
legislature
or
yields
results
agreement
different
from
the
sharing
proportion
provided
inconsistent
with
the
general
purpose
of
the
act.
by
it?
Statutes
should
be
construed
as
not
to
defeat
but
to
carry
out
the
3. Does
the
phrase
“
any
increase
in
participation
granted
ends
and
purposes
of
the
law.
When
the
literal
is
mischievous,
under
this
Act”
exclude
written
agreement?
follow
the
spirit
and
reason.
Held:
RA
809
applies
with
or
without
written
milling
agreements
between
Extravagant
Interpretation
–
substitute
a
meaning
evidently
beyond
the
planter
and
the
miller,
even
if
its
literal
interpretation
says
the
true
one.
It
is
not
genuine
interpretation.
No
basis
at
all.
otherwise.
Judicial
Activism
–
is
a
term
used
by
political
scholars
to
describe
a
Legislative
intent
in
enacting
RA
809.
In
the
1950s,
planters
staged
a
tendency
by
judges
to
consider
outcomes,
attitudinal
preferences,
strike
and
threatened
not
to
plant
sugar
cane
unless
they
were
given
and
other
public
policy
issues
in
interpreting
applicable
existing
laws.
bigger
share
in
the
sugar
industry
and
sugar
quota
commitment.
Formerly,
judicial
activism
is
considered
the
opposite
of
judicial
To
remedy
the
problem,
Congress
enacted
RA
809
to
force
planters
restraint,
but
it
is
also
pejoratively
to
denote
judges
who
are
to
plant,
centrals
to
mill
and
even
allowing
the
government
to
take
perceived
to
endorse
a
particular
agenda.
over
planting
and
milling.
Chavez
v.
JBC,
GR
No.
202242
Apr.
16,
2019
th
Legislative
purpose:
The
evil
sought
to
be
avoided
by
Congress
is
the
Facts:
Instead
of
having
only
7
members,
an
8
member
was
added
exploitation
of
laborers
or
“sacada”
in
terms
of
wages
and
benefits.
to
the
JBC
as
two
representatives
from
Congress
began
sitting
in
the
To
compel
continuous
sugar
production
and
grant
laborer’s
share
in
JBC,
one
from
the
senate
and
one
from
the
House
of
the
increased
planters’
participation
in
the
sugar
produce.
Representatives.
Each
having
½
of
a
vote.
Then
JBC
in
a
meeting
decided
to
allow
the
representatives
one
full
vote
each.
It
is
their
Legislative
meaning
in
enacting
RA
809.
theory
that
both
houses
exercise
their
respective
powers.
Thus
Sec.
Although
not
clearly
disclosed
in
the
language
of
the
Act,
it
however
8
Art.
VIII.
Of
the
constitution
speaks
of
“a
representative
from
indicates
that
the
laborers
should
receive
their
share
for
as
long
as
Congress,”
it
should
mean
one
representative
each
from
both
sugar
is
produced
and
planters
receive
increased
participation.
Houses
which
compromise
the
entire
Congress.
Inadvertence.
Unicameral
mindset,
along
the
way
the
changed
into
Bicameral.
Thus,
to
literally
interpret
these
phrases
is
to
defeat
legislative
intent
They
forgot
about
the
“A”.
Intention
was
Both.
Just
to
and
purpose,
which
is
to
grant
laborers
fair
share
in
sugar
produce.
accommodate,
they
tried
to
rotate.
2
Bernadette
Guanine
Barte
(Babyg)
|
ATTY.
GUJI
The
Supreme
Court,
jurisdiction
Issue:
WON
through
Judicial
Construction
has
the
power
add
The
power
to
hear
and
decide
a
case.
Congress
shall
have
the
power
another
member
in
the
JBC
through
Judicial
Construction.
to
define,
prescribe
and
apportion
the
jurisdiction
of
the
various
courts,
but
may
not
deprive
the
SC
of
its
jurisdiction
over
cases
Held:
NO.
From
a
simple
reading
of
the
above
quoted
provision,
it
enumerated
in
Section
5,
Art.
VIII.
1.
can
readily
be
discerned
that
the
provision
is
clear
and
The
Supreme
Court
shall
have
the
following
powers:
unambiguous.
1. Exercise
original
jurisdiction
over
cases
affecting
ambassadors,
other
public
ministers
and
consuls,
and
over
The
use
of
the
singular
letter
“a”
preceding
“representative
is
petitions
for
certiorari,
prohibition,
mandamus,
quo
unequivocal
and
leaves
no
room
for
any
other
construction.
The
warrants,
and
habeas
corpus.
court
is
duty
bound
to
protect
the
constitution,
it
cannot
correct
what
is
perceived
as
a
mistake
in
its
mandate.
The
court
cannot,
in
The
lower
court
jurisdiction
–
Appellate
court
jurisdiction
the
exercise
of
its
power
to
interpret
the
spirit
of
the
Constitution,
Review,
revise,
reverse
and
modify,
or
affirm
on
appeal
or
certiorari
something
that
is
contrary
to
it’s
express
provision
and
justify
such
as
the
law
or
Rules
of
court
may
provide,
final
judgment
and
orders
act
as
an
oversight,
to
do
so
would
otherwise
sanction
the
Court
of
lower
courts
in
action
of
making
amendment
to
the
Constitution
through
a
judicial
1. Constitutionality
or
validity
of
any
treaty,
international
or
pronouncement.
executive
agreement,
law,
presidential
decree,
reclamation,
order,
instruction,
ordinance
or
regulation
is
One
of
the
primary
and
basic
rules
in
StatCon
is
that
where
the
in
question;
words
of
a
statute
are
clear,
plain
and
free
from
ambiguity,
it
must
2. Legality
of
any
tax,
impost,
assessment,
or
toll,
or
in
any
be
given
its
literal
meaning
and
applied
without
attempted
penalty
imposed
in
relation
thereto;
interpretation.
It
is
a
well-‐settled
principle
of
constitutional
3. All
cases
in
which
the
jurisdiction
of
any
court
is
in
issue
construction
that
the
language
employed
in
the
Constitution
must
4. All
criminal
cases
reclusion
perpetual
or
higher
be
given
their
ordinary
meaning
except
where
technical
terms
are
5. Error
or
question
of
law
is
involved
employed.
Verbal
legis
non
est
recedenum
–
from
the
words
of
the
statute
there
should
be
no
departure.
The
Supreme
Court,
expanded
jurisdiction
(Sec.
1,
(2),
Art.
VIII)
“Judicial
Activism
should
never
be
allowed
to
become
judicial
Traditional
Jurisdiction
–
to
settle
actual
controversies
involving
exuberance.”
rights
which
are
legally
demandable
and
enforceable
Free
or
Unrestricted
Interpretation
–
based
on
general
principles
of
Expanded
Jurisdiction
–
to
determine
where
or
not
there
has
been
interpretations
in
good
faith,
not
bound
by
any
specific
or
superior
grave
abuse
of
discretion
amounting
to
lack
or
excess
of
jurisdiction
principle.
on
the
part
of
any
branch
or
instrumentality
of
the
government.
Limited
or
Restricted
Interpretation
–
influenced
by
other
principles
Marcos
time,
courts
would
avoid
by
saying
it
is
a
political
question.
than
the
strictly
hermeneutics
ones.
Supreme
Courts
asserts
the
Supremacy
of
the
Constitution.
Predestined
Interpretation
–
takes
place
when
the
interpreter,
Judicial
Review,
nature
of.
laboring
under
a
strong
bias
of
mind,
makes
the
text
subservient
to
Oposa
v.
Factoran,
G.R.
No.
101083,
July
30,
1996
his
preconceived
views
and
desires.
Facts:
The
Philippine
Ecological
Network,
Inc.
(PENI),
a
non-‐stock
non-‐profit
corporation
also
joined
the
action.
The
minors
further
Authority
to
construe
or
review
asserted
that
they
"represent
their
generation
as
well
as
generations
Who
is
allowed
to
construe
or
review
the
law?
yet
unborn."
Sec.
Factoran
moved
to
dismiss
the
case
due
to
lack
of
BOTH
the
SUPREME
COURT
and
the
LOWER
COURT.
cause
of
action
and
the
issue
raised
is
a
political
question.
The
power
to
construe
is
not
exclusive
to
the
Supreme
Court.
The
RTC
granted
the
motion
to
dismiss.
Hence,
this
petition.
En
banc
–
All
the
15
justices
participated
in
the
deliberation.
Issue:
Whether
the
court
should
decide
on
the
case
on
the
ground
of
The
Supreme
Court,
composition.
Section
4
(1)
1987
Constitution
the
respondent
Judge’s
challenged
order
for
having
been
issued
with
14
Associate
justices,
and
1
Chief
Justice.
It
may
sit
en
banc
or
in
its
grave
abuse
of
discretion
amounting
to
lack
or
excess
of
jurisdiction.
discretion,
in
divisions
of
3,
5,
or
7
members.
Any
vacancy
shal
be
filled
within
90
days
from
the
occurrence.
Held:
YES.
The
court
has
the
power
to
decide
on
this
issue
based
on
its
expanded
jurisdiction
as
provided
by
the
1987
Constitution.
The
Members
of
the
Supreme
Court,
qualifications.
JUDICIAL
REVIEW;
NO
LONGER
IMPAIRED
BY
THE
POLITICAL
1. Natural
born
citizen
QUESTION
DOCTRINE
—
It
must,
nonetheless,
be
emphasized
that
2. At
least
40
years
of
age
the
political
question
doctrine
is
no
longer
the
insurmountable
3. 15
years
or
more,
a
judge
of
a
lower
court
or
engaged
in
obstacle
to
the
exercise
of
judicial
power
or
the
impenetrable
shield
the
practice
of
law
in
the
Philippines
that
protects
executive
and
legislative
actions
from
judicial
inquiry
4. Congress
shall
prescribe
the
qualifications
of
judges
of
or
review.
The
second
paragraph
of
section
1,
Article
VIII
of
the
lower
courts,
judge
must
be
a
citizen
of
the
Philippines
and
Constitution
states
that:
"Judicial
power
includes
the
duty
of
the
a
member
of
the
Philippine
bar
courts
of
justice
to
settle
actual
controversies
involving
rights
which
5. Member
of
the
judiciary
–
competence
,
integrity,
probity,
are
legally
demandable
and
enforceable,
and
to
determine
whether
and
independence.
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
3
Bernadette
Guanine
Barte
(Babyg)
|
ATTY.
GUJI
of
the
Government."
As
worded,
the
new
provision
vests
in
the
There
are
legal
enforceable
rights.
judiciary,
and
particularly
the
Supreme
Court,
the
power
to
rule
upon
even
the
wisdom
of
the
decisions
of
the
executive
and
the
LAMP
v.
Secretary
of
Budget
and
Managemet,
GR
No.
164987
legislature
and
to
declare
their
acts
invalid
for
lack
or
excess
of
An
aspect
of
the
"case-‐or-‐controversy"
requirement
is
the
requisite
jurisdiction
because
tainted
with
grave
abuse
of
discretion.
"In
the
of
"ripeness."
The
issue
of
ripeness
is
generally
treated
in
terms
of
case
now
before
us,
the
jurisdictional
objection
becomes
even
less
actual
injury
to
the
plaintiff.
Hence,
a
question
is
ripe
for
tenable
and
decisive.
The
reason
is
that,
even
if
we
were
to
assume
adjudication
when
the
act
being
challenged
has
had
a
direct
adverse
that
the
issue
presented
before
us
was
political
in
nature,
we
would
effect
on
the
individual
challenging
it.
For
as
long
as
there
is
an
issue
still
not
be
precluded
from
resolving
it
under
the
expanded
on
Constitutionality
that
in
itself
is
an
actual
case
of
controversies.
jurisdiction
conferred
upon
us
that
now
covers,
in
proper
cases,
even
the
political
question.
The
Court
GRANT
the
Petition.
Ripeness
&
Prematurity,
Justiciability
Davide
case,
let
there
be
a
second
impeachment
complain
first
Judicial
Review.
Not
only
a
right
but
also
a
duty.
The
power
of
the
before
we
can
have
an
actual
case
of
controversy.
courts
to
test
the
validity
of
executive
and
legislative
acts
in
light
of
their
conformity
with
the
Constitution.
This
is
not
an
assertion
of
(2)
Locus
Standi.
Are
you
the
right
person
to
file? The
rule
is
that
the
superiority
over
the
other
departments,
but
merely
an
expression
of
person
who
impugns
the
validity
of
a
statute
must
have
a
personal
the
supremacy
of
the
Constitution.
The
duty
remains
to
assure
that
and
substantial
interest
in
the
case
such
that
he
has
sustained,
or
the
supremacy
of
the
Constitution
is
upheld.
The
power
inherent
in
will
sustained,
direct
injury
as
a
result
of
its
enforcement.
the
Judicial
Department,
by
virtue
of
the
doctrine
of
separation
of
powers.
Citizen
Direct
personal
injury
test.
He
sustained
or
is
in
imminent
danger
of
sustaining
some
direct
injury
as
a
result
of
its
Tatad
v.
Energy
&
Finance
Secretary,
G.R.
No.
160261,
Nov.
2003
enforcement.
The
principle
of
separation
of
power
mandates
that
challenges
on
the
constitutionality
of
the
law
should
be
resolved
in
our
courts
of
Taxpayer
-‐
public
funds
are
illegally
disbursed
or
that
public
money
justice
while
doubts
on
the
wisdom
of
a
law
should
be
debated
in
is
being
deflected
to
any
improper
purpose,
or
that
public
funds
are
the
halls
off
Congress.
wasted
through
the
enforcement
of
an
invalid
or
unconstitutional
law.
Before
he
can
invoke
Judicial
Review
however,
he
must
Judicial
Supremacy
–
It
asserts
the
solemn
and
sacred
obligation
specifically
prove
that
he
has
sufficient
interest
in
preventing
the
assigned
to
it
by
the
Constiution
to
determine
conflicting
claims
of
illegal
expenditure
of
money
raised
by
taxation
and
that
he
would
authority
under
the
constitution.
It
is
basically
a
Constitutional
sustain
a
direct
injury
as
a
result
of
the
enforcement
of
the
Supremacy.
If
co-‐equal
why
can
you
tell
me
what
to
do.
SC
does
not
questioned
statute
assert
itself,
but
the
constitution
that
is
above
all.
Allege
that
there
is
an
illegal
disbursement
of
public
funds,
that
Ancisco
Jr.
v.
House
of
Representatives,
Nov.
10,
2003
disbursement
will
injure
me,
attach
your
ITR.
What
if
you’re
not
Petitioners:
The
second
impeachment
complaint
was
working?
Okay.
Because?
Everyday
you
pay
taxes.
VAT.
unconstitutional
because
it
violates
Section
5,
Article
XI
of
the
Constitution
which
prohibits
filing
of
impeachment
complaint
Corruption
yet
we
elect
them.
Why?
Because
we
don’t
care,
we
against
the
same
official
twice
within
a
period
of
one
year.
don’t
see
it’s
our
money.
The
politicians
are
our
servants,
we
pay
Respondents:
SC
is
without
jurisdiction
to
hear,
much
less
prohibit
or
them.
Taxpayer
mentality.
30%
goes
to
corruption.
enjoin
the
lower
house
to
perform
its
constitutionally
mandated
duty
to
initiate
impeachment
proceedings,
it
being
a
co-‐equal
and
Legislator
–
infringes
his
prerogative
as
a
legislator.
Has
standing
to
independent
branch
of
the
government.
The
petitions
are
maintain
inviolate
the
prerogatives,
powers
and
privileges
vested
by
premature;
no
justiciable
issue
has
been
presented
before
it
since
its
the
constitution
in
his
office.
The
SC
or
the
president
if
it
encroaches.
constitutional
duty
to
constitute
itself
as
impeachment
court
commences
only
upon
receipt
of
articles
of
impeachment
which
it
Association
As
an
association
it’s
not
enough,
you
need
to
justify
had
not.
why
you
have
that
legal
standing.
When
the
judiciary
mediates
issues
on
constitutionality,
it
does
not
assert
superiority
over
the
other
departments
but
asserts
the
IBP
v.
House
of
Representative
GR.
No.
160343
constitutionality
of
the
Constitution.
The
mere
invocation
by
the
IBP
or
any
member
of
the
legal
Is
it
right
for
Congress
to
accept
an
2
impeachment
complain
within
profession
in
the
duty
to
preserve
the
rule
of
law
ad
nothing
more,
1
year?
If
it
was
“There
might
be”
it
is
merely
speculative.
What
does
although
undoubtedly
true,
does
not
suffice
to
clothe
it
with
filing
and
initiating
mean?
Is
it
one
and
the
same?
standing.
It’s
interest
is
too
general.
It
is
shared
by
other
groups
and
Filing-‐
the
moment
it
accepted
the
whole
citizenry.
However
a
reading
of
the
petition
shows
that
it
Initiation
–
after
filing,
it
is
referred
to
the
committee
of
justice,
then
has
advanced
constitutional
issues
which
deserve
the
attention
of
there
can
be
no
impeachment
case
filed.
the
Court
in
view
of
seriousness,
novelty
and
weight
as
precedents.
It,
is
therefore,
behooves
this
Court
to
relax
the
rules
on
standing
Gloria’s
time
–
She
had
an
impeachment
complain
filed
against
her
and
to
resolve
the
issues.
every
year
which
is
baseless
to
preclude
future
impeachment
cases.
Minors
–
Their
personality
to
sue
in
behalf
of
the
succeeding
Essential
Requisites
for
Judicial
Review
generations
can
only
be
based
on
the
concept
of
intergenerational
(1)
Actual
Case
or
Controversy
responsibility
insofar
as
the
right
to
a
balanced
and
healthful
ecology
A
conflict
of
legal
rights,
an
assertion
of
opposite
legal
claims
which
is
concerned.
Minor’s
assertion
of
their
right
to
a
sound
can
be
resolved
on
the
basis
of
existing
law
and
jurisprudence.
environment
constitutes,
at
the
same
time,
the
performance
of
their
4
Bernadette
Guanine
Barte
(Babyg)
|
ATTY.
GUJI
obligation
to
ensure
the
protection
of
the
right
for
the
generations
The
essential
requisites
of
Judicial
review.
Unless
there
is
to
come.
transcendental
importance.
Not
yet
experienced
but
it
can
be
known.
Opposa
v.
Factoran
GR.
No.
101083,
July
30,
1993
Deforestation.
In
the
interest
of
our
generation
and
our
future
Other
Limitations
generations,
please
stop
DENR
from
issuing.
Minors
were
allowed
(1)
Judicial
Legislation
Can
the
judiciary
legislate?
No.
because
they
were
represented
by
their
parents.
Canet
v.
Decena
A
business
man
applied
for
permit
to
operate
and
Class
suits,
requisites
maintain
a
cockpit.
But
the
mayor
refused
because
there
is
no
Many
petitioners,
representative
of
the
interest
of
that
class.
ordinance
empowering
her
to
do
so.
Business
man
invokes
a
Numerous,
it
becomes
impracticable,
as
it
would
be
impossible
to
resolution
authorizing
him
to
operate
a
cockpit
and
a
municipal
tax
bring
them
all
in
court.
Res
Judicata
principle,
binding
on
all
ordinance
providing
for
issuance
of
a
mayors
permit
to
operate
members
whether
or
not
they
were
before
the
court.
business.
The
mayor
refused.
Under
the
Local
Government
Code
of
1991,
the
authority
to
give
licenses
for
the
establishment,
Inanimate
-‐
Things
that
do
not
have
life.
You
need
to
sign,
Marine
maintenance
and
operation
of
cockpits
pertains
to
the
Sanggunian.
Mammals?
How
do
you
do
that?
Stewards
of
the
Mammals.
Issue:
Can
the
mayor
be
compelled
to
issue
business
permit
in
the
absence
of
ordinance
empowering
her
to
do
so?
River
Held:
No.
While
there
is
a
resolution
allowing
her
to
operate
a
Resident
Mammals.
Vs.
Reyes
cockpit,
there
is
no
ordinance
giving
her
similar
authority.
The
Any
Filipino
Citizen,
as
a
steward
of
nature,
to
bring
a
suit
to
enforce
municipal
tax
ordinance
contains
general
provisions
for
issuance
of
our
environmental
laws.
It
is
worth
nothing
here
that
the
stewards
business
permits
but
is
short
on
specifics
prescribing
reasonable
fees
are
joined
as
real
parties
in
the
Petition
and
not
just
in
for
cockpit
operation.
The
ordinance
providing
these
specifics
was
representation
of
the
cetacean
species.
The
Stewards,
Ramos
and
withdrawn
by
the
Sanguninan.
Otherwise,
to
compel
the
mayor
to
Eisma-‐Osorio,
having
shown
in
their
petition
that
there
may
be
issue
permit
not
only
violates
the
Local
Government
Code
but
also
possible
violations
of
laws
concerning
the
habitat
of
resident
Marine
encroaches
on
the
mayors
administrative
prerogatives.
Since
Mammals,
are
therefore
declared
to
possess
the
legal
standing
to
cockpits
were
not
enumerated
in
the
ordinance,
it
is
excluded.
The
file
this
petition.
legislature
would
not
have
enumerated
those
covered
if
it
did
not
intend
to
limit.
Express
mention
of
on
thing,
person,
act
or
(3)
Earliest
Opportunity
–
is
to
raise
it
in
the
pleadings
before
a
consequence
excludes
others.
competent
court
that
can
resolve
the
same,
such
that,
if
not
raised
in
the
leadings,
it
cannot
be
considered
at
the
trial,
if
not
considered
What
is
expressed
puts
an
end
to
what
is
implied.
An
omission
at
the
in
the
trial,
it
cannot
be
considered
on
appeal.
time
of
enactment
whether
careless
or
calculated,
cannot
be
judicially
supplied
even
if
wisdom
recommends
it.
If
there
is
a
Umali
v.
Executive
Secretary,
GR
No,
131124,
Mar.
29,
1999
legislative
gap
caused
by
omission,
the
judiciary
cannot
fill
the
gap.
The
question
of
constitutionality
was
not
entertained
because
the
Otherwise,
it
results
to
judicial
legislation.The
mayor
is
not
issue
was
raised
by
the
petitioner
only
in
his
motion
for
authorized.
If
you
authorize
that
then
it
will
amount
to
judicial
reconsideration
before
the
RTC
of
Makati.
It
was
too
late
to
raise
the
legislation.
We
are
not
suppose
to
fill
the
gap
of
the
law.
issue
for
the
first
time
at
that
stage
of
the
proceeding.
th
Aratea
v.
COMELEC
Mayor,
3
term
limit
rule.
He
is
now
on
his
4
If
you
file
a
petition,
that
is
your
initiatory
pleading,
you
must
allege
term.
They
filed
for
petition
for
disqualification.
Who
are
we
going
the
unconstitutionality
immediately.
NOT
the
moment
the
law
is
to
proclaim?
Is
it
the
second
placer
or
the
vice
Mayor?
According
to
passed.
There
is
no
such
thing
as
an
unconstitutional
law
the
minority
–
the
vice
mayor
should
succeed,
Majority
–
the
mayor
nd
was
not
a
candidate
in
the
first
place.
So
it
should
be
the
2
placer.
EXC:
When
estopped.
Hacienda
Luicita,
18
years
has
already
passed,
Disqualified
flower
flower-‐
disqualified.
However,
another
reason
for
you
already
waived
your
rights
because
you
have
already
benefited.
disqualification.
Along
the
way
you
violated
other
election
rules
(vote
buy,
over
spending,
exceeding
campaign
materials).
You
were
(4)
Lis
Mota
–
The
courts
will
not
touch
the
issue
of
constitutionality
a
legitimate
candidate,
so
vice
mayor
will
make.
If
we
agree
with
the
unless
it
is
truly
unavoidable
and
is
the
very
lis
mota
or
crux
of
the
minority,
you
cannot
write
into
the
law
what
is
not
there
to
begin
controversy.
with,
and
that
is
judicial
legislation.
Must
be
the
main
issue
of
the
case.
The
judicial
restraint
of
the
SC.
Chavez
v.
JBC
Crux
of
the
controversy.
If
you
raise
other
issues
and
not
raise
the
Where
the
words
of
a
statute
are
clear,
plain
and
free
from
constitutionality,
then
the
SC
will
evade
encroaching.
Decide
on
ambiguity,
it
must
be
given
its
literal
meaning
and
applied
without
another
matter.
attempted
interpretation.
“Judicial
Activism
should
never
be
allowed
to
become
judicial
exuberance.”
Limitation
on
Power
to
Construe
Under
American
Jurisprudence
–
only
impliedly
granted,
bestows
In
these
3
cases
did
not
commit
judicial
legislation.
sole
power
of
impeachment
to
the
House
of
Representatives
without
limitation.
Exceptions:
Under
Philippine
Jurisprudence
–
expressly
provided
for
in
the
Court
Issued
Guidelines
Art.
36
of
the
Family
Code
–
Psychological
constitution,
is
not
just
a
power
but
also
a
duty,
and
it
was
given
an
incapacity
was
not
defined.
So,
SC
gave
the
8
point
guidelines.
Is
it
expanded
definition
to
include
the
power
to
correct
any
grave
abuse
not
writing
into
the
law?
No,
because
we
did
not
add,
we
merely
of
discretion
on
the
part
of
any
government
branch
or
defined
it
and
interpreted
it.
(Republic
vs.
CA
and
Molina)
instrumentality.
5
Bernadette
Guanine
Barte
(Babyg)
|
ATTY.
GUJI
Casus
omissus
–
states
that
a
person,
object
or
thing
omitted
from
Chua
v.
CSC
Too
many
government
employees,
those
who
wants
to
an
enumeration
must
be
held
to
have
been
omitted
intentionally.
retire
early
can
receive
this
much.
Regular
temporary,
emergency
If
there
is
something
omitted,
it
was
omitted
in
purpose.
To
make
casual
employees.
Here’s
a
contractual
employee.
Incumbency
sense
of
the
law.
depends
on
the
appointing
authority.
I
will
avail,
no
no
you
are
not
qualified!
Not
part
of
the
enumeration.
SC
said,
what
is
the
purpose
Correction
of
Clerical
Error
–
the
court
in
order
to
carry
out
its
of
the
law?
The
purpose
is
to
trim
down,
will
you
deny
her
and
obvious
intent
of
the
legislature,
may
correct
clerical
errors,
defeat
the
purpose
of
the
law?
But
by
the
doctrine
of
necessary
mistakes
or
misprints
which,
if
uncorrected,
would
render
the
implication
and
inference,
that
is
not
judicial
legislation.
The
court
statute
meaningless,
empty
or
nonsensical
or
would
defeat
or
impair
ruled
that
a
coterminous
employee
is
no
different
from
a
casual
or
its
intended
operation,
so
long
as
the
meaning
intended
is
apparent
temporary
employee,
and
by
necessary
implication,
the
inclusion
of
on
the
face
of
the
whole
enactment
and
no
specific
provision
is
the
latter
in
the
class
of
government
employees
entitled
to
the
abrogated.
SC
can
correct
a
clerical
error.
Not
mechanically,
it
benefits
of
the
law
necessarily
implies
that
the
former
should
also
be
construes,
says
“This
could
have
been
how
it
was
written”
entitled
to
such
benefits.
Rufino
Lopez
&
Sons,
Inc.
v.
CTA
They
are
merely
endeavoring
to
COA
v.
Province
of
Cebu
1%
RPT
goes
to
special
education
fund.
rectify
and
correct
a
clearly
clerical
error
in
the
wording
of
a
statute,
Extension
classes,
it
hired
teachers,
it
paid
them
salaries.
COA,
you
in
order
to
give
due
course
and
carry
out
the
evident
intention
of
the
cannot
pay
the
teachers,
it
only
says
establishment
of
extension
legislature.
This
the
Court
should
and
can
validly
do.
We
are
in
entire
classes.
COMMON
SENSE.
It’s
there!
How
to
have
extension
classes,
accord
with
the
Tax
Court
and
the
Solicitor
General
that
a
clerical
you
need
to
have
a
teacher.
Not
too
literal,
it’s
implied.
The
services
error
was
committed
in
section
11,
mentioning
therein
the
Collector
and
the
compensation
of
these
teachers
are
necessary
and
of
Customs.
It
should
be,
as
it
was
meant
to
be,
the
Commissioner
of
indispensable
to
the
establishment
and
maintenance
of
extension
Customs.
From
the
commissioner
of
customs,
then
suddenly
classes.
collector
of
customs?
All
others
says
commissioner
of
customers,
so
SC
said
this
is
a
clerical
error.
(2)
Doctrine
of
Political
Question
is
a
question
of
policy,
which
is
to
be
decided
by
the
people
in
their
sovereign
capacity
or
by
the
Farinas
v.
Barba
legislative
or
the
executive
branch
of
the
government
to
which
full
To
be
sure
the
President
of
the
Philippines
can
not
be
referred
to
as
discretionary
authority
has
been
delegated.
Now
superseded,
by
the
"local
chief
executive"
in
§45(c)
but
it
is
apparent
that
the
phrase
is
a
expanded
jurisdiction.
Provided
there
is
grave
abuse
of
discretion
misnomer
and
that
the
choice
of
this
phrase
was
simply
dictated
by
amounting
to
lack
of
or
excess
of
jurisdiction.
the
need
to
avoid,
for
stylistic
reasons,
interminably
repeating
the
officials
on
whom
the
power
to
appoint
is
conferred.
Perhaps
IT
IS
NOT
DEAD!
"authorities
concerned"
would
have
been
a
more
accurate
generic
phrase
to
use.
Vacancy
in
the
SP,
who
will
appoint?
In
case
of
Purely
Political
Question
vacancy,
the
appointing
officer
will
be
the
Local
Chief
Executive.
The
Guingona
vs.
Carague
other
provisions
of
the
law,
MAYOR.
Not
Barangay
Captain.
XXX.
So
This
is
a
case
of
first
impression
whereby
petitioners
question
the
if
it
say
Local
Chief
Executive,
so
the
President
can’t.
So
SC
said,
oh
constitutionality
of
the
automatic
appropriation
for
debt
service
in
this
is
a
clerical
error.
It
should
have
been
“Authorities
concern”
the
1990
budget.
Respondents
contend
that
the
petition
involves
a
rather
than
Local
Chief
executive.
pure
political
question
which
is
the
repeal
or
amendment
of
said
laws
addressed
to
the
judgment,
wisdom
and
patriotism
of
the
Doctrine
of
Necessary
implication
and
inferences
–
what
is
implied
legislative
body
and
not
this
Court.
Highest
shall
be
budget
to
in
a
statute
is
as
much
a
part
thereof
as
that
which
is
expressed.
education,
if
it
is
non
self
executing
you
cannot
invoke
it
as
a
right.
What
may
be
properly
and
logically
inferred
from
and
read
into
the
They
need
an
enabling
law.
Prioritize
Debt
servicing.
Even
if
“shall”
statute.
It
includes
such
inferences
as
may
logically
be
drawn
from
cannot
deprive
congress
from
budget
allocation.
Cannot
interfere.
the
purpose
or
object
of
the
statute,
presumed
to
have
intended,
BUT,
it’s
up
to
the
Supreme
Court
to
decide
whether
there
is
Grave
necessity
of
making
the
statue
effective
and
operative.
You
cannot
abuse
of
discretion.
write
something
into
the
law
that
wasn’t
there
to
begin
with,
otherwise
it
would
be
judicial
legislation.
Francisco
Jr.
vs.
HR
The
first
issue
goes
into
the
merits
of
the
second
impeachment
complaint
over
which
this
Court
has
no
jurisdiction.
More
importantly,
any
discussion
of
this
issue
would
require
this
Court
to
make
a
determination
of
what
constitutes
an
impeachable
offense.
Such
a
determination
is
a
purely
political
question
which
the
Constitution
has
left
to
the
sound
discretion
of
the
legislation.
Such
an
intent
is
clear
from
the
deliberations
of
the
Constitutional
Commission.
Guidelines
for
transcendental
importance
and
paramount
interest.
Interpretation
of
filing
and
initiation
–
that
is
a
purely
political
question,
if
you
file,
okay
there
is
probable
cause.
It
is
sufficient
form
and
substance,
possible
betrayal
of
trust.
???
Estrada
v.
desierto
Political
questions
refer
"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
legislative
or
executive
branch
of
the
government.
6
Bernadette
Guanine
Barte
(Babyg)
|
ATTY.
GUJI
It
is
concerned
with
issues
dependent
upon
the
wisdom,
not
legality
Morales
vs
CA
of
a
particular
measure."
To
a
great
degree,
the
1987
Constitution
Doctrine
of
stare
decisis
does
not
preclude
this
Court
from
revisiting
has
narrowed
the
reach
of
the
political
question
doctrine
when
it
existing
doctrine.
Jurisprudence,
after
all,
is
not
a
rigid,
temporal
expanded
the
power
of
judicial
review
of
this
court
not
only
to
settle
abstraction;
it
is
an
organic
creature
that
develops
and
devolves
actual
controversies
involving
rights
which
are
legally
demandable
along
with
the
society
within
which
it
thrives.270
In
the
words
of
a
and
enforceable
but
also
to
determine
whether
or
not
there
has
recent
US
Supreme
Court
Decision,
"what
we
can
decide,
we
can
been
a
grave
abuse
of
discretion
amounting
to
lack
or
excess
of
undecide."
jurisdiction
on
the
part
of
any
branch
or
instrumentality
of
government.
If
tired
want
to
take
a
leave
of
absence,
president
shall
Morales
–
Aguinaldo
Doctrine,
If
you
win
the
election
people
say
say
I
am
temporarily
unable
to
perform
my
duties.
Congress
will
condone
you.
SC
said,
NOT
anymore!
In
the
case
of
Junjun
Binay,
it
accept,
what
if
the
president
says
I’m,
cabinet
says
no
he
is
not.
has
no
basis
in
law
and
jurisprudence.
What
is
being
invoked
is
a
Congress
will
decide.
That
is
a
purely
political
question.
foreign
jurisprudence.
No
more
condonation
doctrine.
But
Junjun
Binay
will
be
the
last.
Tolentino
v.
Secretary
of
Finance
Any
question
as
to
its
necessity,
desirability
or
expediency
must
be
TO
REVERSE,
has
to
be
en
banc.
(ALL).
addressed
to
Congress
as
the
body
which
is
electorally
responsible,
remembering
that,
as
Justice
Holmes
has
said,
"legislators
are
the
Calderon
vs.
Carale
(Appointing
needs
confirmation)
ultimate
guardians
of
the
liberties
and
welfare
of
the
people
in
quite
The
provisions
of
first
paragraph
of
Sec.
16,
Art
VII
of
the
as
great
a
degree
as
are
the
courts."It
is
not
right,
as
petitioner
does
Constitution
is
exclusive
and
cannot
be
expanded
by
mere
act
of
in
arguing
that
we
should
enforce
the
public
accountability
of
legislation.
The
provision
of
the
law
appertaining
to
the
confirmation
legislators,
that
those
who
took
part
in
passing
the
law
in
question
by
the
commission
on
appointments
transgresses
the
constitution
by
voting
for
it
in
Congress
should
later
thrust
to
the
courts
the
and
is
therefore,
without
any
legal
basis.
burden
of
reviewing
measures
in
the
flush
of
enactment.
This
Court
does
not
sit
as
a
third
branch
of
the
legislature,
much
less
exercise
a
Obiter
Dictum
Does
not
address
the
main
issue,
mere
passing
veto
power
over
legislation.eVAT,
urgent
bill,
3
readings
will
statement.
dispensed,
will
be
done
in
1
day.
What
is
urgent?
There
is
no
public
calamity
there
is
no
emergency.
SC
the
factual
determination
of
Ratio
Decidiendi
–
Reason
for
the
ruling
urgency
is
purely
political.
To
meet
a
growing
budget
deficit
is
not
urgent.
It’s
up
to
the
president.
It
is
purely
political.
(5)
Moot
and
academic
Principle
–
There
was
a
justiciable
controversy
but,
now
no
more
issue.
(3)
Legislative
wisdom
–
courts
cannot
pass
upon
questions
of
wisdom,
justice
or
expediency
of
legislation.
For
as
long
as
laws
do
Funa
v.
COA
Chair
not
violate
constitution,
the
courts
are
limited
to
interpret
and
apply
Case
is
considered
moot
and
academic
when
its
purpose
has
them,
whether
or
not
they
are
wise
or
salutary,
become
stale,
or
when
it
ceases
to
present
a
justiciable
controversy
owing
to
the
onset
of
supervening
events,3
so
that
a
resolution
of
Tatad
v.
Energy
&
Finance
Secretary,
G.R.
No.
160261,
Nov.
2003
the
case
or
a
declaration
on
the
issue
would
be
of
no
practical
value
The
principle
of
separation
of
power
mandates
that
challenges
on
or
use.
In
such
instance,
there
is
no
actual
substantial
relief
which
a
the
constitutionality
of
the
law
should
be
resolved
in
our
courts
of
petitioner
would
be
entitled
to,
and
which
will
anyway
be
negated
justice
while
doubts
on
the
wisdom
of
a
law
should
be
debated
in
by
the
dismissal
of
the
basic
petition.
As
a
general
rule,
it
is
not
the
halls
off
Congress.
within
Our
charge
and
function
to
act
upon
and
decide
a
moot
case.
Exception:
Francisco
Jr.
v.
House
of
Representatives,
Nov.
10,
2003
Belgica
v.
Ochoa
Wisdom,
experience,
and
logic.
SC
only
comes
into
the
picture
when
However,
in
David
v.
Macapagal-‐Arroyo,
We
acknowledged
and
it
touches
unconstitutionality.
accepted
certain
exceptions
to
the
issue
of
mootness,
thus:
The
"moot
and
academic"
principle
is
not
a
magical
formula
that
can
Dura
Lex
Sed
Lex
PP.
VS.
Veneracion
automatically
dissuade
the
courts
in
resolving
a
case.
Courts
will
The
law
may
be
harsh
but
the
law
is
the
law.
decide
cases,
otherwise
moot
and
academic,
if:
The
law
is
harsh
but
it
is
the
law.
1. There
is
a
grave
violation
of
the
Constitution,
2. The
exceptional
character
of
the
situation
and
the
Exception
(When
law
can
rule
on
legislative
wisdom)
paramount
public
interest
is
involved,
Oposa
v.
Factoran,
G.R.
No.
101083,
July
30,
1996
3. When
constitutional
issue
raised
requires
formulation
of
The
power
to
rule
upon
even
the
wisdom
of
the
decisions
of
the
controlling
principles
to
guide
the
bench,
the
bar,
and
the
executive
and
the
legislature
and
to
declare
their
acts
invalid
for
lack
public,
or
excess
of
jurisdiction
because
tainted
with
grave
abuse
of
4. The
case
is
capable
of
repetition
yet
evading
review.
discretion.Supreme
Court
when
there
is
grave
of
abuse…
Gives
the
SC
the
license.
Joseph
Estrada,
president,
but
in
2001,
he
was
removed.
The
president
cannot
run
for
re-‐election.
He
cannot
run
against
Aquino.
(4)
Doctrine
of
Stare
decisis
Same
set
of
facts,
same
principles,
same
COMELEC
said,
when
it
is
not
said
any
re-‐election
it
applied
only
to
law,
it
is
bound
to
decide
the
same
way
it
did.
NOT
a
hard
and
fast
incumbent
president.
We
can
be
wrong,
but
the
People
cannot
be
rule
because,
the
SC
can
reverse
itself.
wrong.
Election
was
done,
Estrada
already
didn’t
win.
Moot
and
Academic.
Purpose
is
not
to
repeat
Marcos
time.
Exceptions
Subsequent
Reversal
7
Bernadette
Guanine
Barte
(Babyg)
|
ATTY.
GUJI
How
about
GMA?
Not
4
years.
3
months
and
something,
incumbency
did
not
reach
4
years.
Became
president
twice
without
being
elected.
(6)
Advisory
Opinion
It
only
settles
actual
case
or
controversy,
not
opinions.
Ang
Cho
Kio,
33
SCRA
454
(1970)
The
function
of
the
courts
is
to
determine
controversies
between
litigants.They
do
not
give
advisory
opinions.
The
giving
of
such
opinions
is
not
the
exercise
of
the
judicial
function.
(7)
Judicial
restraint
–
SC
is
hesitant
to
rule
on
its
constitutionality.
It
controls
itself.
They
will
disregard
the
issue
on
constitutionality.
Out
of
respect
to
congress.
Abakada
Guro
Party
List
v.
Purisima
A
law
enacted
by
Congress
enjoys
the
strong
presumption
of
constitutionality.
To
justify
its
nullification,
there
must
be
a
clear
and
unequivocal
breach
of
the
Constitution,
not
a
doubtful
and
equivocal
one.
To
invalidate
RA
9335
based
on
petitioners’
baseless
supposition
is
an
affront
to
the
wisdom
not
only
of
the
legislature
that
passed
it
but
also
of
the
executive
which
approved
it.
8
Bernadette
Guanine
Barte
(Babyg)
|
ATTY.
GUJI