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June 11-13 Political Law Judge Singco Form of Governments According to Legitimacy The distinction is of no importance is there is only

y one government managing the affairs of the government. That government must be De Jure.

1. De Jure - formed thru legal processes like when it was formed under a Constitution, or thru election process, etc. It has the consent of the rightful authority which is the people. It has the support of the majority people and family of nations. It is a government existing in law and in actuality 2. De Facto - a government which may only exist in law but not in reality because there is another government controlling the affairs of the State or the other way around. It is a government established by force - by usurping the powers of the legitimate government - by invading a territory in a war
3 Kinds of De Facto 1. 2. 3. Government of Paramount Force Established by the Inhabitants of the country who rose in insurrection Against the Parent State. Usurpation of the Legitimate Government

1. Government of Paramount Force Japanese occupation - It was US who has the rightful authority over the Philippines based on the Treaty of Paris. - But was there an overthrow of the US government? None, there was NO transfer of government authority; it was the Commonwealth government that has the consent of the rightful authority (US), not the Japanese government. But, since the Japanese also established its own government, the seat of the Phil Commonwealth was transferred to Washington, DC. - In reality it was the Japanese who was the governmental control of the Philippines not the US. US had no actual control although it is the legal authority due to the occupation of the Japanese - The Japanese government existed IN FACT since they managed the affairs of the country but NOT IN LAW since they did not have the consent of the rightful authority. Consequences of Belligerent Occupancy Political laws (referring to the 1935 Constitution) cannot be applied - except for allegiance to the national territory and laws on treason. All political laws are suspended NOT abrogated since there was no change of sovereignty, there was only a belligerent occupation. Unlike during the transfer of sovereignty from Spain to US, the political laws were abrogated due to the transfer. Municipal Laws - continue unless abrogated by the belligerent occupant. When the belligerent occupation ended, there was resumption of the Phil Commonwealth (3rd Commonwealth) what happened to the laws passed by the Japanese Sponsored government? Political Laws - abrogated Municipal laws (non-political) - remained good and valid. As well as the SC decisions, unless if these were tainted with political complexion - automatically abrogated. Rocky Case: He was caught stealing wires, thus convicted for robbery. His conviction was no ordinary robbery; he stole the wire for purposes of sabotaging the Japanese government. When the Commonwealth government resumed power, he filed for Habeas Corpus on grounds that his conviction was politically tainted. SC: His conviction was nullified as it was politically tainted.

2. Established by the Inhabitants of the country who rose in insurrection Against the Parent
State. Aguinaldo's Government - Declaration of Independence it was month-lived. - The first Phil Republic was not recognized by the family of nations.

3. Usurpation of the Legitimate Government


Aquino's Government

Was it legitimate? Yes. It started as a revolutionary government but it has achieved legitimacy through a legal process. Requisites 1. Taking over - Taking over of one power over the existing power -by force, violence or by the voice of majority 2. Complete Overthrow - Complete overthrow of the legal government (Marcos government). No legal government to talk about anymore, due to the complete overthrow. There was only one government which was the Aquino government. 3. Recognition - The Aquino government was recognized both by the family of nations and the sovereign people. It was formally recognized by the ratification of the 1987 Constitution and the subsequent election of government officials. Arroyo Administration after EDSA II - No such controversy since arroyo succeeded ERAP by operation of law being the vice president. There was no change of one sovereignty to another. Only change in administration thru SUCCESSION. Functions of the Government Governmental (Constituent) v. Ministrant (Proprietary) - no distinction in so far as the responsibilities of the government is concerned since all are mandatory functions of the government in connection with the promotion of good welfare - not anymore optional. - Mandate of Constitution - give more in law to those who have less in life for the protection and promotion of human life. Government - defined under Administrative code - refers also to AR, cities, municipalities, provinces (LGU) and the national government exercising governmental functions. - Principles declared in Art II - not self-executing - need an implementing law to be a basis of a legal and demandable right Tanada v. Angara: PASCO v. PAGCOR: Art II cannot be used as judicial basis to go to court - cannot be a source of right or obligation of the government. Republican and Democratic State - Sovereignty resides in the people. Manifestations of a Republican State 1. Existence of a bill of right 2. Ours is a government of laws and not of men 3. Separation of powers and Principle of checks and balances 4. No delegation of delegated power 5. Suffrage 6. Accountability of public officials Separation of powers - If powers are concentrated on only one person ( or group) then it is not democratic. - As long as the power is a discretionary power of a branch, it cannot be interfered by the other branches. How do you know whether such is a discretionary power? a. Expressly provided by the constitution. b. Implied - Doctrine of Necessary Implication c. Residual Power 1. Expressly provided by the constitution. Law making - assigned to congress exclusively Execution of laws (appointment) - president Interpretation of laws, admission to the bar - SC ei. Congress cannot legislate a law lowering the passing rate of the bar - exclusively belongs to SC. Otherwise, there shall be a violation to the separation of powers 2. Implied - Doctrine of Necessary Implication - Necessary in the exercise of the express function Examples:

a. Contempt Power of Congress - Congress' plenary power to make laws, to make it effective it is necessary to give Congress the power to inquire in aid of legislation if the power called by the congress shall not appear, congress may hold him in contempt. Contempt power is not provided by the constitution but is it inherent as a necessary tool to make its law-making power effective. b. Impeachment - exclusive power of Congress - Initiated by the house of reps. It is adversarial (thus, quasi-judicial) though exclusively exercised by Congress. c. Declaration of State of National Emergency - implied in his power as chief executive necessary to his being the commander-in-chief of AFP. Case: Court issued a TRO in connection with the impeachment trial, thus the house of reps complained of encroachment. SC: However it is the duty of the courts to make sure that such that the 2 departments do not go beyond what is assigned to them. Expressly assigned by the Constitution as part of Judicial Review. Judicial Review - implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law for said breach of right. - vests the Judiciary the power to determine whether there has been a grave abuse of discretion amounting to lack or in excess of jurisdiction. -Not an assertion of the supremacy of the courts but the supremacy of constitution 3. Residual Power inherent or incidental in each department. Not expressly nor impliedly provided for by the Constitution Examples: 1. Power of President to deport aliens Although not provided by the Constitution, this cannot be encroached by other branches. And, cannot be reviewed by the SC without violating the separation of powers 2. Determining who should be allowed to enter country - generally cannot be encroached upon but the court reviewed in order to determine WON there has been grave abuse of discretion amounting to lack or in excess of jurisdiction. Checks and Balances The constitution itself provides for the limitation on the powers it has given to the different branches in order to balance the power in the government and protect the people from any arbitrary control by any of the branches. How? Example: a. Law-making power of congress is plenary but PC made some limitations such as: Veto power of the president - no law shall be passed without the approval of the President Overriding the veto - same way that veto power can also be checked by Congress - by overriding the veto - 2/3 votes of both houses Judicial Review - if that bill was passed though contrary to law redress may be seek from the courts as part of Judicial Review. Note: Under separation of powers, the court CANNOT moto propio declare a law unconstitutional. Someone has to invoke the authority of the courts by filing a case in court. Requisites of JR (1) Present controversy (2) raised at the earliest opportunity, (3) question of constitutionality must be the lis mota of the case Sec1. Art8 - the court can now review the case. The court is not limited to determine the question on the constitutionality of the law but also to determine whether or not there has a grave abuse of discretion amounting to lack or in excess of jurisdiction. 2 bases to question: 1. Constitutionality 2. VALIDITY IN THE EXERCISE of the power to make the laws WON there has been grave abuse of discretion

Angara v. Electoral Commission: Assertion of the supremacy not of the courts, but of the provisions of the constitution. In other words, even political questions involving discretionary matters may still be reviewed by the court without violating the separation of powers - by virtue of checks and balance. Though the issue is limited only to WON there has been grave abuse of discretion amounting to lack or in excess of jurisdiction. Marcos v. Manglapus: Court acts as referee - the discretionary powers of the 2 branches do not preclude the SC from reviewing whether the power has been abused. Thats why before courts determine the merits of the case, the court still has to determine whether there is justification by exercising its power of judicial review. - The 4 requisites have be present before the case may be reviewed in order not to violate the SP. Ombsudman v. Guttierez: Petitioner claims that SC encroached upon the congress by initiating an impeachment proceeding. SC: The review was to determine whether such power to initiate the proceeding has been abused since the proceedings was not followed; it was not the power to initiate proceeding was question. PC said that impeachment may only be initiated once a year naturally SC has to look into that since it was alleged - but court decided in favor of congress that indeed there was no grave abuse of discretion. Issue was WON the steps have been followed, it was not the power to initiate impeachment by Congress that was questioned. Sharing of the Exercise of the Powers By express provision of the PC - more to the blending of powers than complete separation of powers interdependence. Examples: a. Legislative power exercised by the 2 other branches 1. Emergency Powers exercised by the President. 2. Subordinate Legislation exercised by Administrative bodies - by implementing the law and providing its details. 3. Section 15, Article 8 ay provide rules on pleadings, admission to the bar, matters relating to court personnel exclusively exercised by SC as provided in the Constitution. But: Gingoyon v. Republic: Congress is never precluded from making laws changing the rules of court as part of the plenary power of the legislature. Thus, there is no encroachment to the rule on separation of powers. b. Executive Power exercised by the 2 other branches 1. Congress - power to appoint their own personnel to maintain independence and make sure the loyalty is preserved 2. SC appoints its personnel en banc in accordance with the law on civil service c. Judicial Power exercised by the 2 other branches 1. Administrative bodies - quasi judicial power involving dispute resolution between and among employees 2. Congress - contempt power; electoral tribunal powers to settle conflicts on election (it is judicial but 6 of whom are members of congress); Impeachment - judicial in nature - adversarial proceeding having the HOR as the prosecutor and Senate as the tribunal. Non-Delegation of Powers Potestas delegata non potest delegare This is not only a power to exercise but an obligation. This is more on the prohibition on the legislative power GR: Non-delegation EX: Permissible delegation - due to the growing complexities of the needs of the people in which the government has to meet. As provided in the Constitution: 1. 2. 3. 4. 5. Tariff powers of the President (Sec. 28 (2) Art. VI) Emergency power of the President (Sec. 23 (2) of Art. VI People (Sec. 32 of Art. VI; Sec. 10 of Art. X, Sec. Local Governments Units(Art X) Administrative Bodies (subordinate legislation)

1. Emergency Powers of the president. Sec 23, Art 6 it is not exercised by president unless delegated by congress. It originates from congress and by section 23; it is delegated to president in case of national emergency or in times of war.
Limitations: 1. Can only be delegated (granted) through a law passed by congress 2. Reason must be for National Emergency or war (not local) 3. Existing for a limited period of time (while the emergency exists) 4. Unless lifted earlier, it is understood that it will last only until the next adjournment (special session or regular) of congress 5. Can only be withdrawn by a mere resolution 6. Scope is limited - only to carry out the declared policy of congress Note: Delegation is by a STATUTE, revocation is by a mere RESOLUTION. David et al v. arroyo (executive secretary): Emergency powers cannot be exercised by president without delegation by congress but the power to declare a state of national emergency may be done by the president WITHOUT delegation. Since, the president is presumed to know the status of the country being the chief executive - PNP and AFP are under his control. But the moment the pres takes over industries, orders warrantless arrest etc. - this cannot be done without the express grant of delegation of the emergency powers by congress PP 1017 constitutes the call by the President for the AFP to prevent or suppress lawless violence. However, PP 1017s extraneous provisions giving the President express or implied power (1) to issue decrees; (2) to direct AFP to enforce obedience to all laws even those not related to lawless violence as well as decrees promulgated by the president; and (3) to impose standards on media or any form of prior restraint on the press, are ultra vires and unconstitutional. In the absence of legislation, the President cannot take over privately-owned public utility and private business affected with public interest. Sanlakas vs. Executive Committee: The Presidents authority to declare a state of rebellion springs in the main from her powers as chief executive and, at the same time draws strength from her Commander-in-Chief powers pursuant to her calling out power.

2. Subordinate Legislation exercised by Executive Departments


What is delegated is only the rule making power. But there has to be a law first providing for the basis of the promulgation of the executive department - implementing rules and regulation which provide for the parameters and details of the law (it is valid as long as it is within the provisions of the law) Test of Valid delegation: 1. Completeness Test - law must be complete in itself as that nothing is left to the administrative body to determine what the law is - nothing left but to implement the law. 2. Sufficiency Standard Test - the standard is found in the introductory of the law itself - reason why this law was adopted. EPERA v. DOE: So that the Administrative body shall be guided accordingly to map out the boundary into how that law should be implemented. There was a claim that there was no valid delegation since this was a tax imposition thus only the Congress may validly exercise. SC: DOE merely implemented the law; it was not a taxing power but more of a police power a mere regulation.

3. Local Government Units


- There must be express grant of congress (which was the Local Government Code - RA 7160) Limitations: 1. Cannot pass laws contrary to laws passed by congress or amend national laws 2. Cannot prohibit lawful trade that is allowed by congress but can only regulate 3. Has to comply with the Requisites of a valid law 4. Limited only within its territorial boundary Case: prohibitions of nightclub - business, practice of profession. SC: LGUs cannot prohibit but can only regulate lawful trade. Magtajas v. Pryce:

An ordinance was passed preventing the establishment of casinos in hotels of CDO. Declared unconstitutional as LGUs cannot prohibit what is allowed by law. An ordinance, as a product of delegated power, cannot rise above a statute. For an ordinance to be valid: 1) it must not contravene the Constitution or any statute, 2) it must not be unfair or oppressive, 3) it must not be partial or discriminatory, 4) it must not prohibit but may regulate trade, 5) it must be general and consistent with public policy, and 6) it must not be unreasonable. MMDA vs. BelAir Village Association: MMDA converted a private road into a public road in the exercise of its police power without paying JC. SC: MMDA is not even a LGU so it cannot exercise police power. METROPOLITAN MANILA DEVELOPMENT AUTHORTY- Its function is limited to the delivery of basic services. RA 7924 does not grant the MMDA police power, let alone legislative power. The MMDA is a development authority. It is not a political unit of government. There is no grant of authority to enact ordinances and regulations for the general welfare of the inhabitants of the metropolis. It is the local government units, acting through their respective legislative councils that possess legislative power and police power. They can only impose the law passed by the LGU of Metro Manila Area; they cannot on their own make rules and implement them. MMDA vs. Danilo Garin: MMDA confiscated the DL of the lawyer. SC: MMDA has no police power but they may promulgate rules based on a existing local law - authorized not by their own authority as an administrative body but as that ordinance passed by the LGUs in MMA. Therefore, insofar as Sec. 5(f) of Rep. Act No. 7924 is understood by the lower court and by the petitioner to grant the MMDA the power to confiscate and suspend or revoke drivers licenses without need of any other legislative enactment, such is an unauthorized exercise of police power. The MMDA was intended to coordinate services with metro-wide impact that transcend local political boundaries or would entail huge expenditures if provided by the individual LGUs, especially with regard to transport and traffic management, and we are aware of the valiant efforts of the petitioner to untangle the increasingly traffic-snarled roads of Metro Manila. But these laudable intentions are limited by the MMDAs enabling law, which we can but interpret, and petitioner must be reminded that its efforts in this respect must be authorized by a valid law, or ordinance, or regulation arising from a legitimate source. Francisco v. Fernando: Wet flag scheme - It was questioned being an invalid delegation since MMDA is not an LGU thus has no police power. SC: Valid, since it is only preventive. MMDA is authorized to throw water to people who violate traffic rules which was allowed by some municipalities. MMDA has authority to do so not because of its police power (since it has none) but it was authorized by the LGU comprising of MMDA. MMDA - treated as an administrative coordinating body of LGU composing MMA. 4. People at large Why is there a need to delegate the power to the people when in fact sovereignty already resides in them? You cannot directly exercise your sovereign power being the repository but there has to be a uniform procedure as required in section 21, Article6 - congress is mandated to enact a law providing for a procedure Initiative and Referendum (RA 6765). Its not on the need to confer to the people such legislative right but it more on the HOW the people can exercise such power. Initiative the people shall propose statutes, local legislation, or amendment to the constitution Statute - petition must be signed by petitioners of at least 10% of the total registered votes, 3% per legislative district - you have to sign the petition itself not mere blank nya attach lang nimo ang signature. Petition has to be signed by the authors of the initiative subject to ratification in a plebiscite called for the purpose. Amendment to Constitution - 12%, 3% of each legislative district - refers only to amendments.

Local laws - AR - signed by at least 2000 registered voters; Province 1000; City 500; Municipality -100; Barangay - 50

Referendum - indirect way of proposing laws to the people. ei. Sangguinian will propose a law and the people will approve or reject it in a referendum.

Manifestations of a Republican State

Existence of Bill of Rights Serves as a balance between authority of the sovereignty and the rights of the people. Without this, it would create not a republican type of government but a tyrannical one. Rule of Majority Estimation of the general consent of the people, as it is impossible to get the unanimous will of the people. Heavier weight carries with it the lighter weight. ei. In declaring WON a law is constitutional, the Court has to vote (majority of those who actually participated in the deliberation) wherein quorum from the total membership is required. Accountability of Officers - being chosen by the people the officers are also accountable to the people (Ombudsman, Sandiganbayan, etc)

Prohibition Against Irrepealable Laws GR: Laws are always subject to changes. EX: Non-Impairment Clause - Unless it impairs vested rights this is in relation to Non-Impairment Clause - to repeal such law creating contract, it becomes unconstitutional. ei. Grant of tax exemption based on valuable consideration
Government of Laws not of Men No one is above the law being creatures of the law. Villavecencio v. Lukban Gonzales: You cannot violate the law just because you are powerful. Section II. Renunciation of War and Principle of Incorporation 1. Renunciation of war - refers only to offensive (aggressive) war 2. Principle of Incorporation - adoption of generally accepted principles as part of the law of the land. - They are treated as local statutes in cases where we need to apply an international law

1. 2. 3.

Sources of generally accepted principles in international law: Treaties Treaties becoming part of Customary Law Customary Law and international norms

a. Treaties to bind the people must be ratified by the president and a concurrence by 2/3 votes of congress Pimentel v. Ermita: Statute of Rome (establishment of the International criminal court of justice) that was questioned Since the President refused to give copy to congress for concurrence SC: Exclusive power of president to ratify the treaty. Mandamus shall not lie against the president to compel him to give to the congress a copy of the treaty/ statute for concurrence. Same way as the president cannot be compelled to ratify a treaty. Although we should not be bound by the treaty which was ratified but not concurred by congress, we are still bound by it since the establishment of the ICCJ is a generally accepted principle being ratified by the majority of the members of the UN. Under our Constitution, the power to ratify is vested in the President, subject to the concurrence of the Senate. The role of the Senate, however, is limited only to giving or withholding its consent, or concurrence, to the ratification. Hence, it is within the authority of the President to refuse to submit a treaty to the Senate or, having secured its consent for its ratification, refuse to ratify it. Although the refusal of a state to ratify a treaty which has been signed in its behalf is a serious step that should not be taken lightly, such decision is within the competence of the President alone, which cannot be encroached by this Court via a writ of mandamus. The Supreme Court has no jurisdiction over actions seeking to enjoin the President in the performance of his official duties. The Court, therefore, cannot issue the writ of mandamus prayed for by the petitioners as it is beyond its jurisdiction to compel the executive branch of the government to transmit the signed text of Rome Statute to the Senate. Nonetheless, while the President has the sole authority to negotiate and enter into treaties, the Constitution provides a limitation to his power by requiring the concurrence of 2/3 of all the members of the Senate for the validity of the treaty entered into by him. x x x

It has long been recognized that the power to enter into treaties is vested directly and exclusively in the President, subject only to the concurrence of at least two-thirds of all the Members of the Senate for the validity of the treaty. In this light, the authority of the President to enter into trade agreements with foreign nations provided under P.D. 1464 may be interpreted as an acknowledgment of a power already inherent in its office. It may not be used as basis to hold the President or its representatives accountable to Congress for the conduct of treaty negotiations. This is not to say, of course, that the Presidents power to enter into treaties is unlimited but for the requirement of Senate concurrence, since the President must still ensure that all treaties will substantively conform to all the relevant provisions of the Constitution. It follows from the above discussion that Congress, while possessing vast legislative powers, may not interfere in the field of treaty negotiations. While Article VII, Section 21 provides for Senate concurrence, such pertains only to the validity of the treaty under consideration, not to the conduct of negotiations attendant to its conclusion. Moreover, it is not even Congress as a whole that has been given the authority to concur as a means of checking the treaty-making power of the President, but only the Senate.

b. Treaties becoming part of Customary Law Kellog-Obrian Pact - we were not assignatories in the establishment of justice system involving WW2. But, it became a customary law as it was followed by the majority of United Nations. Automatically it forms part of our domestic law under Incorporation principle. c. Customary Law and international norms Mijares et al v. Javier: Recognition of foreign judgments - involving judgment on the violations of human rights against the Marcoses which was rendered abroad. We do not have laws or treaties with other countries regarding recognition of judgment rendered by a foreign court. But, such law forms part of the law of the land and we are bound by it under incorporation clause being a customary law. There is no obligatory rule derived from treaties or conventions that requires the Philippines to recognize foreign judgments, or allow a procedure for the enforcement thereof. However, generally accepted principles of international law, by virtue of the incorporation clause of the Constitution, form part of the laws of the land even if they do not derive from treaty obligations. The classical formulation in international law sees those customary rules accepted as binding result from the combination two elements: (1) the established, widespread, and consistent practice on the part of States; (2) opinion juris sive necessitates (opinion as to law or necessity). Implicit in the latter element is a belief that the practice in question is rendered obligatory by the existence of a rule of law requiring it. Requisites for it to become a customary law: 1. Widespread usage of the custom among many states 2. Opinion Jurist - psychological element 3. Practice is obligatory Parma. Asso. of the Phils v. Doque et al: Notice in Milk: breast milk is best for babies up to 2 years. Manufacturers say that they are not obliged since the bill at the time was still pending - not yet a law. But majority of UN has approved it. So, we are bound by it regardless we do not have a law imposing it. Customary international law is deemed incorporated into our domestic system. Forms of Incorporation 1. Transformation - adoption of an international law into a local law by legislation a law adopting it as part of the legal system - self-executing.

This is only relevant if we do not have domestic laws regarding the subject - then you shall apply the international law. The problem arises when there is conflict between a local law and a generally accepted principles.

How to resolve the conflict? 1. Harmonize 2. Irreconcilable - Constitution prevails Ichong vs. Hernandez: Chinese foreigners were not allowed to go into a retail trade business - which prevails? It will be stupid to sustain an international law against the law that created the courts. Local law prevails - since courts mismo are created by law. Jurisprudence dictates: Municipal laws should be upheld as courts are organs of municipal law. The doctrine of incorporation is applied whenever municipal tribunals (or local courts) are confronted with situations in which there appears to be a conflict between a rule of

international law and the provisions of the constitution or statute of the local state. Efforts should first be exerted to harmonize them, so as to give effect to both since it is to be presumed that municipal law was enacted with proper regard for the generally accepted principles of international law in observance of the Incorporation Clause in the above-cited constitutional provision (Cruz, Philippine Political Law, 1996 ed., p. 55). In a situation, however, where the conflict is irreconcilable and a choice has to be made between a rule of international law and municipal law, jurisprudence dictates that municipal law should be upheld by the municipal courts Sec. of Justice vs. Lantion: The fact that international law has been made part of the law of the land does not pertain to or imply the primacy of international law over national or municipal law in the municipal sphere. The doctrine of incorporation, as applied in most countries, decrees that rules of international law are given equal standing with, but are not superior to, national legislative enactments. Accordingly, the principle lex posterior derogat priori takes effect a treaty may repeal a statute and a statute may repeal a treaty. In states where the constitution is the highest law of the land, such as the Republic of the Philippines, both statutes and treaties may be invalidated if they are in conflict with the constitution Section3. Supremacy of Civilian Authority over the Military How enforced? - President (a civilian) is the commander-in-chief - highest military authority of AFP - Congress (civilian) has the power to appropriate funds for the military operations - Military Tribunals (Courts Martial) - instrumentality of the executive to enable the president to effectively control and discipline the AFP as part of the disciplinary measure to ensure the president's control over the military. President (as commander-in-chief) has the review powers to the decisions of courts martial. Gonzales v. Abaya: Trillanes moved to have his case tried before a civilian court Gudani v. Senga: Gudani was asked not to appear by the chief-of-staff upon the order by the president before the senate committee regarding the anomalies during the 2004 election. But still he appeared as he said the executive immunity does not apply to him. So, he was court martialed for not heeding a lawful order of the chief of staff SC: The Constitution reposes final supervision, control and authority of the AFP to the president - a civilian who is not a member of the AFP whose duty represent only a part of the organic duties imposed upon the office, his functions being purely civil in nature. The Authority of the president to prevent military officers from testifying before congress does not turn on an executive privilege but on the president's power as the commander-in-chief to control the action and speech of the members of the AFP. President may require the AFP to seek his approval before appearing before congress otherwise his control over AFP is diminished. - Executive privilege does not apply on AFP members but rather what applies is the president's requirement to have his approval before appearing before congress as commander-in-chief - manifestation of civilian supremacy. The vitality of the tenet that the President is the commander-in-chief of the Armed Forces is most crucial to the democratic way of life, to civilian supremacy over the military, and to the general stability of our representative system of government. The Constitution reposes final authority, control and supervision of the AFP to the President, a civilian who is not a member of the armed forces, and whose duties as commander-in-chief represent only a part of the organic duties imposed upon the office, the other functions being clearly civil in nature. Civilian supremacy over the military also countermands the notion that the military may bypass civilian authorities, such as civil courts, on matters such as conducting warrantless searches and seizure. The ability of the President to prevent military officers from testifying before Congress does not turn on executive privilege, but on the Chief Executives power as commander-in-chief to control the actions and speech of members of the armed forces. The Presidents prerogatives as commander-in-chief are not hampered by the same limitations as in executive privilege. The President could, as a general rule, require military officers to seek presidential approval before appearing before Congress is based foremost on the notion that a contrary rule unduly diminishes the prerogatives of the President as commander-in-chief. IBP v. Zamora: Issue: Deployment of Military to shopping malls in order to maintain peace and order. Generally, it is NOT AFP's duty to maintain peace and order in the country - it is the PNP's role. But it was justified by saying that they were just following the orders of a civilian authority and they were just there to assist the PNP. AFP protector of the people, of the State - duty is to secure the sovereignty of the state and the integrity of the national territory. The calling of the marines constitutes permissible use of military assets for civilian enforcement. Notwithstanding the conduct of joint visibility patrols by the members of PNP and the Philippine marines, the Metro Manila Police Chief is the overall leader and it is the local police forces who are in charge at all times.

Section 4. Duty of Government to Serve and Protect the people - In relation to maintaining peace and order the state may also require the people to help protect the state Chavez v. Romulo - rights of bearing arms. There was a pronouncement that all licenses of FA are revoked without trial during the election. It was claimed that it was a violation to his right of due process. Maintenance of peace and order and protection of people against violence are constitutional duties of the state and to bear arms is to be construed in harmony with this constitutional duty. License to bear arms is not a property neither a property right and it is a privilege subject to the police power of the state - can be removed even without prior hearing. Not protected under due process of law since it is not a property right. Section 6. Separation of Church and State Provision implementing section 6 1. Non-establishment of religion 2. Prohibition against accreditation of a religious sector as party-list 3. Prohibition against appropriation of public funds for a support of any religious sect EX: to priests assigned in the military, penal institution, leprosarium, government orphanages

Circumstances where State accommodated religions as acknowledging the role of religion in promoting general welfare:

a. Tax exemptions -ADE used for religious purpose - real property b. Optional Religious instruction in public schools - there has to be a: 1. written consent from parents; 2. taught during school hours; 3. Without additional costs to the state. c. Appropriation of funds for the priests assigned in the military, penal institution, leprosarium, gov orphanages d. Ownership of educational institutions GR: it can only be owned or administered by a Filipino DC/Filipino citizens EX: Established by a religion or mission board it can be owned even if they are wholly foreigners.

Principle of Benevolent neutrality in accommodating religion

Estrada v Escritor: As long as there is no clear and present danger to the public safety, morals, and health you should be allowed to practice your religion without interference by the state. It is indubitable that benevolent neutralityaccommodation, whether mandatory or permissive, is the spirit, intent and framework underlying the Philippine Constitution. Benevolent neutrality could allow for accommodation of morality based on religion, provided it does not offend compelling state interest. Islamic DaWah Council of the Philippines vs. Office of the Executive Secretary: Only the prevention of an immediate and grave danger to the security and welfare of the community can justify the infringement of religious freedom. If the government fails to show the seriousness and immediacy of the threat, State intrusion is constitutionally unacceptable. In a society with a democratic framework like ours, the State must minimize its interference with the affairs of its citizens and instead allow them to exercise reasonable freedom of personal and religious activity Section 7 - Independent Policies We can enter into agreement with foreign countries as long as we consider Territorial Integrity, National interest and the right to self-determination. Section 8 - Nuclear Weapons Freedom from nuclear weapons but we are not precluded from using it as source of energy. Not absolute as long as it is consistent with the national interest. Section 12 - The state recognizes the sanctity of family rights and shall protect and strengthen the family as basic unit of the social institution equally protecting the life of the mother and the unborn from conception. - Not self-executory Divorce Bill

RH Bill - encourages abortion and against conception. But the mother's life always prevails over the unborn. It has nothing to do with right to privacy but rather the Constitutional duty of the State to protect the unborn from conception. Section 16 - Right of the people to a balanced and healthful ecology in harmony with (self-executing) - Protection of the environment Oposa v. Factoran: Proper party of minor children inter-generational responsibility of the government to preserve the environment for the generations to come. Prov. of Rizal vs. Exec. Sec: The right to a balanced and healthful ecology is a fundamental legal right that carries with it the correlative duty to refrain from impairing the environment. This right implies, among other things, the judicious management and conservation of the countrys resources, which duty is reposed in the DENR. Local Autonomy Decentralization NO transfer of power only transfer of administration. There was not transfer of power from the national government to LGU. What has been transferred the administration to implement their own policies to manage their own affairs in order to resolve their own problems. This is always subject to limitation and supervision of the national government - it did not make LGU an imperium in imperio. Basco v. PAGCOR: The power of local government to impose taxes and fees is always subject to limitations which Congress may provide by law. The principle of local autonomy under the 1987 constitution simply means decentralization. It does not make local governments sovereign within the state of an imperium in imperio (unlike in a Federal System). The matter of regulating, taxing or otherwise dealing with gambling is a State concern and hence, it is the sole prerogative of the State to retain it or delegate it to local governments. Limbona vs. Mangelin: Under the constitution, provinces, cities, municipalities and barangay enjoy local autonomy subject to the supervision of the national government acting through the President (and the DILG). Autonomous regions in Muslim Mindanao and in the Cordilleras, on the other hand, are subject alone to the decree of the organic act creating them and accepted principles on the effects and limits of autonomy. LINa v. Pao: Ours is still a system of a unitary form of government not a federal state. LGU's power is always confined within the power granted to it by the national government. Bansag-muro: Provision in the PC allowing the LGU to impose taxes in order to raise revenue is self-executing in relation to local autonomy. But there are laws limiting the exercise of such power DOLE v. COA: President's role is a mere supervision and therefore his alter-egos cannot interfere with the local affairs. Case here was the regulation of giving allowance to judges which was questioned by COA. SC: As long as the act of LGU is in accordance with law, it cannot be interfered with by the National government. Equal access to opportunities to public service - Everyone has equal opportunity to run for public office but it is not a matter of right - it is not a judicial enforceable constitutional right. Does not compel the State to make a law which would allow as many candidates to run for public office. Pamatong v. COMELEC: Pamatong challenged his disqualification to run as president because he cannot launch a national campaign thus declared as a nuisance candidate. Political Dynasty - not defined by law. Concept is family corporations in the government. Maintenance of integrity and honesty in public service Implemented by measures against graft and corruption: a. Statement of assets and liabilities - just a state principle unless there are laws to determined how to go about it Section 28 - Transparency - On matter relating public concern and interest - Publication of disbursement of funds - Disclosure to public Article 6. Legislative Power

Section 1. Vested in the congress and into some certain extent reserved to the people in the process of initiative and referendum - Not limited to law-making (ordinary and constituent legislative power) Constituent of Congress Power to propose amendments or revision in the Constitution

1. Constituent Assembly may act as CA which requires 3/4 votes of Congress (voting separately) 2. Call for Constitutional Convention -requires 2/3 votes 3. If undecided to call for CON-CON such that the required number of votes was not achieved - they may asked
the people in a referendum. Majority vote of congress is needed. Constituent power of the People - thru initiative, limited only to amendments of PC - 12%, 3% representing each legislative district Bicameral - consisting of 2 houses Senate - Number of senators is 24. It cannot be increased by law though the manner of choosing the senators may be changed by law. chosen nationwide House of Representative - 250 unless otherwise provided by law - apportionment of legislative district is a legislative function - membership depends on proportionate representation determined every after 3 years- chosen by districts Pre-proclamation Contest (involving members of congress) - prohibited - NO pre-proc contest same with the Pres and VP - But if there is manifest error in the election return - COMELEC may take cognizance but due to automation of counting...no more problem to that. GR: Powers of Congress is Plenary and Absolute (no limitations) EX: Provided by Constitution a. Substantive Limitation Not violative to the freedom of religion, due process of law etc. non impairment clause etc. b. Procedural Limitations - must be signed by the pres - Passed thru 3 readings Kinds of Laws that may be passed: a. Derivative - derived from the people themselves but delegated to congress at the time of their election b. Original Delegation of powers to other branches and the people a. Administrative bodies b. Local government c. people at large Note: SC not included. President's Ordinance Power self-executing Part of executive's rule making power in implementation and executing laws. Pres can make rules having the force and effect of laws as part of his ordinance power But it must be based on a statute or PC authorizing him to exercise the power. Power of SOF- unless expressly granted by to BIR the power to classify cigarette brands belongs to the legislative which cannot be usurped by the administrative body - The president has no delegated legislative power to amend the functions of CHED - only congress can do that - Congress cannot validly delegate to ARMM regional assembly the power to create legislative districts because it affects the national affairs definitely it would decrease the membership of congress. Apportionment of legislative districts - It was COMELEC who apportioned the legislative district. SC: COMELEC has no power as it was the congress who has the primary power to apportion legislative district as part of its legislative power (such as converting a city into a highly urbanized city to constitute into one legislative district).

Who can be member of the house of reps? 1. Legislative District Representative Province = 1 legislative representative Cities with 250K population = 1 representative Proportionate representation - membership may be changed by law (ei. if there abolition of a province etc.) unlike the senate which is fixed by the PC - but the manner of choosing the senate can be changed by law. 2. Party-list - representative of marginalized group - comprises 20% (at least 50) of the total membership in the HOR How do you qualify to get a seat in the 20% allocated for the party list? - You have to get 2% of total votes cast for party lists to qualify in getting a guaranteed seat. But if you get more than 2%, you can have more seats but it must not be more than 3 seats. Banat v. COMELEC: if naa pay sobra na seat sa 20% allocated for Party-Lists, i-rank or listing nila from highest to lowest then kung masulod ka, it does not matter anymore whether you got less than 2% then you can have a seat. *Accreditation as party list Prohibition 1. Religious Sector 2. Supported by a foreign gov 3. Supporter of violent group 4. Major political parties - but they can represent an under -represented sector they can have a sectoral wing to be represented kay way dag-anan ang uban RA7941 also against the constitution To represent the sector, do you have to be one of them? - The law is silent. Singko: No, as long as I am a member of the group. It's a prerogative of the party-list. Arroyo Case: Capacity to represent is questioned since he is not a security guard. Lesson, you dont have to be a security guard to be able to represent the party-list of security guards. As long as you are a member of that party-list, then you may validly them. It is the prerogative of the party whether to allow you to represent them or not. In fact, it is not important to know who the representative (nominees) is. Since, you're not supposed to know since you are supposed to elect the organization not the person representing them. LEGISLATIVE POWER It is vested with congress. It is the power to propose, enact, amend or repeal the law. It can be original or derivative. It is vested with congress by express delegation of the people to them through the Constitution. EXERCISE OF POWER Original Legislative Power - It is one with the people delegated to the congress, acting as a constituent assembly, exercising the constituent power to propose amendments or revisions to the constitution. COMPOSITION OF THE CONGRESS We were also discussing the composition o the congress: 1. Senate 2. House of representatives a. district of representative b. party list system. NUMBER OF MEMBERS Senators - 24 that is fixed by law. It cannot be increased or decreased. The only change that can be made is the manner of electing them. As of now, we elect them at large or nationwide. House of Representative - they are no less than 250 which can be increased depending on the apportionment of legislative districts. Only congress has the power to apportion or reapportion legislative districts, exclusively, not the COMELEC, neither the regional assembly of the autonomous region. CREATION OF LEGISLATIVE DISTRICT If it is a province, there is no requirement as to population, it can have a population of even less than 250K. As long as it is a province, then it is considered as one legislative district. As long as the municipalities comprising the legislative district are continuous, compact and adjunct with each other to avoid Gerrymandering. Note: If it is not a province (city ort municipality) it has to have a population of at least 250k to be entitled with a legislative representative.

Gerrymandering it is when you create a legislative district that would favor a candidate by selecting only the municipality or cities that are favorable to him, even if far apart from each other. House of reps, in the election of members thereof, we have: 1. by legislative 2. by party list RA 7941 PROHIBITIONS ON ACCREDITATION The party list must be accredited by the Comelec. (RA7941), as regards the accreditation or registration or the prohibition against sectoral organization or political party or coalition of sectoral organization like accreditation of: a. religious sector b. organization supported by government funds c. organization supported by a foreign government or international organization d. promotes the use of violence UNDERREPRESENTED MARGINALIZED GROUPS The provision is on representation of the under-represented marginalized groups. POLITICAL GROUPS Would these include marginalized groups as well? YES. Provided that they are representing a particular sector. NUMBERS OF MEMBERS IN THEPARTY LIST As to the number of members coming from the party list, it is so provided in the constitution that the ceiling is 20%. To get a guaranteed seat, the party list must have 2% of the total votes cast for the party list system. If you get more than 2% (ei. 4%), you get another seat, If you are to get additional seat, the limitation is not for more than 3 seats For additional seats, for as long as it is still covered in the 20%, even if the organization gets less than 2%, then they may still get a seat. QUALIFICATION OF MEMBERS OF CONGRESS (SENATE) 1. natural born citizen 2. age: 35 years at the day of election 3. able to read and write 4. registered voter 5. resident in the Philippines for 2 years immediately preceding the election RA 9225 Former natural born citizens who become again natural born citizens, should they run for senate and for congress, they must have the other qualifications as well provided by law. On citizenship, the reacquisition there is on the assumption of office, NOT on the date of election. For as long as he regained citizenship before he assumed office, which commences on the noon time of the 30th day of June following the Election. Of course he must have the requirement of residency of 2 years immediately preceding the election. The reacquisition of citizenship is NOT a presumption that he has regained his residency as well, especially when he has lost his citizenship by naturalization and has not come back to the Philippines until he applied for repatriation under 9225. If he has stayed only for one year, then he is disqualified. AGE QUALIFICATION On the matter of age qualification, that is on the day of election. CITIZENSHIP On citizenship, on the day he assumed office. That is on the assumption that he has all the qualifications provided for by law. RESIDENCY On the residency, it is synonymous to domicile. You have either: 1. domicile of origin 2. domicile of choice Should there be a change of residence or domicile, there has to be the bona fide intention to relinquish or abandon all residents and these corresponds to the act of abandoning the old residents and transferred to a new residence. Case: Aquino v COMELEC

It is not enough for him to say that he has already transferred residence. He has to show that indeed he had the intention to abandon his former residence. The abandonment must actually correspond to his acts by actually abandoning and transferring to another residence. There has to be overt acts. QUAIFICATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES A. DISTRICT REPRESENTATIVES 1. natural born citizen 2. age: 25 years at the day of election 3. registered voter 4. resident of the district in the Philippines for at least 1 year B. PARTY LIST 1. natural born citizen 2. age: 25 years at the day of election -EXPT if representing the youth sector, maximum age is 30 years. (during the term of your office) 3. registered voter 4. resident of the Philippines for at least 1 year - need not be a resident of the place where the organization is established 5. bona fide member of the organization he represents within the period of 90 days before election 6. NOT change political affiliation or party affiliation within 6 months preceding the election Page 53 STANDARDS TO DETERMINE WHETHER A GROUP OF MARGINALIZED OR UNDERREPRESENTED Case: LGBI v Comelec On the accreditation of Ladlad, there was the disqualification of Ladad for being immoral. SC, insofar as the matter of its accreditation, is an organization composed of men and women who identify themselves as lesbians, gays, bisexuals or transgender individuals, has satisfied that the exacting standards that the marginalized and under-represented sector must demonstrate. You have: 1. past subordination or discrimination suffered by the group 2. immutable or distinguishing characteristic or attribute or characteristic that distinguish or define them as a discrete group and present political and economic powerlessness SC said that they have been historically disadvantaged and discriminated against because of negative public perception and has even alleged acts of violence perpetrated against their members by reason of their sexual identification and gender identity. The magnitude of opposition against petitioners participation in the party list system is by itself demonstrative of the sectors lack of political power. So too is the fact that proposed legislation seeking to prohibit discriminatory treatment have been languishing in congress. So they represent the marginalized group. In the different view, when we go into the non-establishment of religion, that was also the reason why they should be accredited. Because if you say they are disqualified because of their religious orientation, that they are considered as immoral, according to SC has no place insofar as the government is concerned, considering that the government has no religion. RA 7941 You just go over RA 7941 especially on the requirements in order to be accredited as a party list. TERM OF OFFICE OF MEMBERS OF CONGRESS SENATE -6 years, not be for more than 2 consecutive terms -voluntary renunciation of office regardless of period of time shall NOT be considered interruption insofar as continuity of the term of office for purposes of determining successiveness of the term -even if one has not completed his term and he resigns, that is considered as one whole term HOUSE OF REPRESENTATIVES -3 years, not be more than 3 successive terms -voluntary renunciation is not considered an interruption as to the continuity of his term of office. ELECTIONS 1. regular election 2. special election REGULAR ELECTION is being held in the second Monday of May and three years thereafter. The term of office of the senate is on staggered basis. So for the first 12 when we had election in 1992, serving for 6 years and the last 12 served for 3 years. Thereafter, you have the continuity. The term of office of 12 of the senators will serve for 6 years. The same is true with the members of house of representatives. Because of the staggered basis of the term of office of the senate, it is practically a continuing body. Unlike the house of representatives, after the expiration of the period of time of three terms then there is an interruption until the election of members. But the senate is continuous.

VACANCY SPECIAL ELECTION - DISCRETIONARY In the event a vacancy occurs in the house of senate or in the house of representatives, we call for a SPECIAL ELECTION. But the calling for a special election is discretionary on the house concerned. But in the event they call for a special election in case of vacancy, TN of RA 6645, where it has provided for a special procedure on how to call for a special election to fill up the vacancy. TERM But the senator or member of the house who may be elected in a special election will only serve the unexpired term of his predecessor. LIMITATION TN there cannot be a special election in the senate if the vacancy occurs less than 18 (1yr and 6 months) months before the next election. They will just have to wait for the next election, or 1 year in the house of representatives. Because it is very expensive to hold a special election. SPECIAL ELECTION HOW? In the even a special election is held, how is this done? 1. declaration of vacancy or certification of the respective house concerned 2. called 3. held within 45-90 days from the date of the resolution or certification Page 54 SALARIES OF SENATORS AND MEMBERS OF CONGRESS They shall be determined by law. Can they be increased or decreased? INCREASED They cannot enjoy the increase until the term of office of all the members who approved the increase shall have expired. This is to avoid conflict of interest or graft and corruption. This is subject to tax. DECREASED It is effective immediately. This does not include allowances. Salaries are determined by law. PERKS OF CONGRESS: CONGRESSIONAL IMMUNITIES There are only two legislative immunities: 1. freedom of SPEECH 2. freedom from ARREST FREEDOM FROM ARREST When one is charged with an arrest whose imposable penalty is not more than 6 years of imprisonment, for as long as congress is in session, WON the member is actually attending the session (EVEN IF NOT ATTENDING), he is immune from arrest. TN that in some cases, this is a privilege and a way of an exception only when one is allowed to enjoy this immunity is not without any condition or is not absolute. Case: Jalosjos Jalosjos was convicted and was confirmed by SC. At the time, he was already convicted as congressman. He wanted to be escorted by the jail guards in order for him to attend the session in congress. He said that being a congressman, he is practically exonerated by his election to the office. He said also that by PARLIAMENTARY IMMUNITY which is the freedom from arrest and detention, being a member, he should enjoy that privilege. SC said, the history of that provision granting senators and congressman immunity from arrest and detention shows that the privilege has always been granted in a restrictive sense. There cannot be a preference to congressman OW there will be a violation of equal protection clause in the enforcement of the criminal laws. Case: Trillanes IV v Pimentel Same reasoning in this case. Trillanes insisted that he still had the presumption of innocence. He is not like Jalosjos who has been convicted. His case was still pending however it was not bailable, as he is charged with coup d etat. SC said that there is no distinction between the two cases. The presumption of innocence DOES NOT include the enjoyment of privileges and rights provided by law. So SC said, the presumption of innocence does not carry with it the full enjoyment of civil and political rights. Following the equal protection of laws, this immunity from arrest and detention cannot be availed of by the senator. FREEDOM OF SPEECH

The freedom of speech means that you cannot be sued for civil damages or libel or slander. Whatever statements he made, while the congress is in session, if it is relation of course to the matter that is subject to discussion, he is immune from any suit relating to his speeches so that he can discuss and debate with anyone for any issues relevant subject to legislative enactment. DOES NOT INCLUDE DISORDERLY BEHAVIOR TN this does not include liability of the member of congress that may constitute disorderly behavior. Immunity is limited only to civil and criminal liability but not administrative liability. Case: Osmena vs Pendaton You can still be held administratively liable but not criminal or civil. COVERED This extends to committee hearings and even agents of the legislators in their reports. It is not only limited to oral utterances. Anything that is communicative in nature is included in the immunity. PROHIBITION If they enjoy some perks, they also have some prohibitions for being members of congress. What are some of the prohibition? 1. You cannot be appointed to other positions of the government unless you resign. If you are appointed to an office that is inconsistent to being member of congress, you are considered to have forfeited your seat. But in other cases, like forbidden appointments, if you are responsible for the creation of that office, or increase of its salary or allowances, you cannot be appointed to that office, even if you resign. Case: Liban vs Gordon, Jul 15, 2009 Gordon is also a chairman of Red Cross. There was a question on his appointment that he should vacate his position as senator having been appointed. SC said, Gordon did not relinquish his senatorial post despite his election to and acceptance of the post of chairman of the Philippine Red Cross. Because PNRC is a private organization merely performing a public function. PNRC chairman is not a government official or employee. Not being a government office, the PNRC chairmanship may be held by any individual including a senator, or a member of the house of representative. PNRC is autonomous, neutral and independent from the Philippine government. It is a voluntary organization that does not have government assets and does not receive any appropriation from congress. Gordon may serve as chairman without giving up his position. 2. Appearing as counsel before any court of office, electoral tribunal, quasi-judicial and administrative bodies. Any court of justice includes appellate courts. The prohibition is only against personal appearance. This does not include consultation and signing pleadings in cases pending any courts of justice. 3. Becoming financially interested in any contracts of government 4. Cannot intervene in any matter before any office of the government This is part of transparency and public disclosure. SEC 15 SECTION 15. The Congress shall convene once every year on the 4th Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time. Sessions in congress may either be: 1. regular 2. special REGULAR SESSION -every 4th Monday of July -shall continue as determined by them by law until 30 days before the next opening of regular session -exclusive of Saturdays, Sundays and legal holidays SPECIAL SESSION -when congress is in recess and president calls for a special session -it is the president who calls for this session to attend to certain important urgent matters that need immediate attention by congress. ADJOURNMENT OF SESSION

-they have to inform each other if they have to adjourn, and not in separate places SEC 16 SECTION 16. (1). The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary. (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. (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. (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. Each House shall also keep a Record of its proceedings. (5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. OFFICERS OF CONGRESS -IMPORTANT PRINCIPLE IN ELECTION OF OFFICER B4 START OF SESSION: election of officers by MAJORITY VOTE IOW even if the president comes from a minority political party, for as long as he was chosen by the majority of the members of the house, he is never precluded to be elected in the position of majority floor leader or as the president of the senate. The only requirement is that he is chosen by majority of the house. But this is on the presumption of a quorum (50% plus 1). However, it has to be based on the coercive power of the house concerned, where the house has the power to compel the member to attend the session even if he is sick. For as long as he is within the jurisdiction of the Philippines, he may be compelled. And still if he is absent, he can still be considered in the determination of quorum. Example: You have 24 members in the house of the senate. One of whom is in the hospital and one is on vacation abroad. In determination of quorum, what would be the basis of 50% plus 1? 23. A quorum is NOT based on the total membership but the members who may be coerced or compelled to attend the session. That includes the one in the hospital because he can still be coerced in a stretcher. But for one who is abroad, he will not be considered. Because even if congress wants to and issue a warrant of arrest, our warrant is nothing abroad because congress has no authority outside our territory. When they deliberate, how many votes are needed in order to pass a law? Majority of the quorum. Thats why quorum is important. It must be established at the beginning of the session. SHIFTING MAJORITY PRINCIPLE As the attendance increases, that starts with the quorum, there is also an increased number of majority in the passing of the law. It is possible that at the start, there were 13 attending. And therefore, all that is needed to approve the law is majority of 13. But in the course of the session, other members arrived and we have now 20, then the majority required to approve a legislative enactment will also increase. DETERMINATION OF QUORUM The matter of determination of quorum will be based on the internal rules of congress. They make their own rules and regulations. The SC cannot interfere unless there is violation of the provisions of the constitution. Case: Joker Arroyo v De Venecia There was a question on WON there was a quorum at the start of the deliberation of the bill. He said that it was passed when there was not a quorum. Therefore there was no majority. SC said that is up to the house concerned. They have their own rules. It is a factual matter and it is not for SC to interfere because of separation of powers, insofar as they affect the members of congress. SC cannot inquire into the allegations that in enacting a law, the house of congress failed to comply with its own rules in the absence of showing that here was a violation of the constitutional provision or private rights. Parliamentary rules are mere procedures which may be waived or disregarded by the legislative body. DISCIPLINING OF MEMBERS OF CONGRESS If you can impeach some impeachable officers like the president, how do you remove a member of congress before the expiration of office? Certainly not by impeachment, not even by the office of ombudsman. To maintain their independence, the discipline of the members of the congress is exclusive to the house concerned. VOTES How many votes are needed to expel a member of congress?

2/3 votes of the members for the house concerned. GROUNDS DISORDERLY BEHAVIOR For what grounds? There is only one ground, unlike in impeachment where there are 6 grounds. Only for DISORDERLY BEHAVIOR. The definition if disorderly behavior is discretionary in congress. NOT SUBJECT TO REVIEW BY COURTS Is this subject to review by the courts? NO. EXPT: JUDICIAL REVIEW Case: Osmena v Pendaton SC said, the house of representatives is the judge of what constitutes disorderly behavior. This is with regards to Pendaton being censored. The court will not assume jurisdiction in any case which will amount to interference of judicial department with the legislature. Of course, when there is ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION in the discipline of members of congress, then that can be reviewed by SC in exercise of its judicial review powers. Case: Jalosjos Did his election as congressman condone his criminal conviction? His election as congressman did NOT amount to condonation of his offense. Neither does it entitle him pending appeal to be free from confinement; and to be allowed to attend session of congress for the people elected him with full awareness of the limitations of his freedom of action and movement. It was never the intention of the framers of constitution to show the members of congress from the consequences of his wrong doings. A member of congress can only invoke immunity from arrest for relatively minor offenses punishable at most by correctional penalties. Case: Paredes v Sandigan bayan He was then the Secretary of Health when he was charged by the SB. It was asked by the office of the prosecutor when he became a member of congress to suspend him preventively while the criminal case in SB is pending. SB placed a member of congress under preventive suspension without violating the exclusive power of congress to discipline its own members. SC said that that preventive suspension imposed by the court is not yet a penalty. It is just a precautionary measure. While it is true that the matter of disciplining its members is exclusive to congress, it does not preclude the courts to place someone under preventive suspension because of the pendency of the criminal case before the courts. There is no similarity here because what is contemplated as exclusive to congress is the penalty of penalizing disorderly behavior. In the case of SB, it is a precautionary measure so that the evidences would not be tampered neither would the members of the congress use his office in order to intimidate possible witnesses of the criminal case in the SB. PENALTIES 1. Expulsion 2. Suspension MAXIMUM PERIOD If the intention of Congress is to suspend a member of the house for more than 60 days, then he might as well be expelled. The maximum suspension therefore that can be imposed by a member of congress for disorderly behavior should not be more than 60 days. Should it be more than 60 days, then it should be an expulsion. ADJUNCTS OF CONGRESS-OFFICES CONSIDERED AS EXTENSIONS OF CONGRESS 1. Electoral Tribunal 2. Commission on Appointments ELECTORAL TRIBUNAL It is the sole judge of election contests relating to election, returns and qualification of members of congress. KINDS There are two electoral tribunals: 1. SET Senate Electoral Tribunal 2. HRET House of Representatives Electoral Tribunal MEMBERSHIP Both consist of 9 members each. 3 of whom are justices of SC. 6 others are coming from political parties by proportionate representation. The basis of the election to the electoral tribunal to represent a political party is by proportional representation from political parties including the party list. IOW, you cannot just choose them from

one political party. They have to be proportionate. You go by the number of members consisting a political party. And then divide that by the number of the member of the house and multiply it by 6 allocated for the political party. Example. You have two senators from the political party of Liberal party; 2 X 6 = number of representation in the tribunal 24 2(number of members of political party)/24 (number of member of the house) x 6 (allocated for political party) = representive a political party in SET What about representative coming from the party list, will there be a chance for one sectoral organization to be elected in the electoral tribunal? SC said, for as long as they qualify the qualification of proportionate representation, it is for congress to determine how they can go about it. Perhaps they can join coalitions with other sectoral organization in the party list just to make sure that they can get a seat in the electoral tribunal. INDEPENDENCE OF MEMBERS FROM POLITICAL PARTY TN the moment you are chosen in the electoral tribunal, you become independent from your political party that you represent. This is to maintain the impartiality of the electoral tribunal, being a quasi judicial body determining election contest. The change of political party or the removal of a member of electoral tribunal from the political party will not be a ground for the removal from the electoral tribunal itself. Case: Bundoc vs Pineda Here is a member of the electoral tribunal who was expelled from the political party that he was representing because he voted against a candidate of the political party in an election contest that was held for the electoral tribunal. The question there is, would that mean removal because he does not anymore represent the political party? SC said, NO. Because his seat is permanent and he is independent from the political party. JURISDICTION What is the jurisdiction of the electoral tribunal? All contests. When you say contests, there has to be two parties: 1. Protestant - defeated candidate 2. Protestee - winning candidate The protestant is the defeated candidate against the winning candidate who has been proclaimed and had assumed office as a member of congress. If there is no contest, then you file a quo warranto proceeding with the electoral tribunal; if the person you are trying to remove has already become a member of the congress. Case: Sumaya vs Daza There was an accusation that he was a green card holder of US and thus moved for disqualification. It was dismissed because in the first place, according to SC, it has already become moot and academic because at that time, Dazas term of office has already expired. A case of disqualification should have been filed in earlier at the time of filing the certificate with the Comelec. They filed the disqualification case in the SC, it should have been filed with the electoral tribunal because he is a member. There is no contest because this pertains to a qualification of a member. He is not at all there to replace him in the event this candidate or member is removed because of qualification. Should it be electoral tribunal? Instead of electoral tribunal, you file it with the house concerned for his exclusion as a member to protect the integrity of the house that only qualified members should become members of the house. Because the jurisdiction of the electoral tribunal is limited only to contests. There is no contest because there is no defeated candidate filing an election contest in order to replace him. This was clarified in the case of: Case: Barbers vs Comelec What has been referred to as election returns and qualifications within the jurisdiction of electoral tribunal, it should be interpreted to its totality as referring to all matters affecting the validity of the contestees or protestees title. But if it is necessary to specify, you can say that ELECTION refers to the conduct of the post including the listing of voters, the holding of the election campaign and the passing in counting of the votes. RETURNS refer to the canvass of the returns and the proclamation of the winners including questions concerning composition of the board of canvassers and the authenticity of election returns.

QUALIFICATION refers to matters that could be raised in a quo warranto proceedings against the proclaimed winner, such as his disloyalty, eligibility or inadequacy of his certificate of candidacy. The moment he is proclaimed validly as a member, this is within the exclusive jurisdiction of the electoral tribunal. What is the jurisdiction of the Comelec? Remember that there is no pre proclamation contest involving members of congress. So that matters pending with the Comelec could be a disqualification case at the time of the filing of certificate of candidacy which was not even despite the election of the candidate. For as long as the candidate has NOT been proclaimed yet, Comelec still has jurisdiction. Example. Here is a candidate running for the senate. He filed for certificate of candidacy and a case for disqualification was filed against him in the Comelec. Despite the pendency of that case, he was elected. As long as there is no proclamation yet of that candidate as member of the congress, any questions pertaining to qualifications of that member should be resolved by the Comelec. IOW the Comelec should not be divested of its jurisdiction over the case yet. Case: Cudilla vs de Vinecia Cudilla was disqualified by a division of the Comelec because he was accused of an election offense. According to a complainant he had this infrastructure, delivering of gravel, despite election period which is an election offense. Despite the resolution of the division of Comelec disqualifying him, he won the election. Because of the disqualification, his votes were not counted and his rival was proclaimed as the duly elected. In the mean time, while the election was on going, he was able to file his appeal seasonably with the Comelec en banc and the decision was reversed saying that it was Cudilla who won because he was not disqualified. So Cudilla went to de Venecia to ask him to let him assume office because he was a duly elected representative of Leyte per resolution of the Comelec en banc. De Venecia told him to file his Quo Warranto proceedings in HRET because Locsin has already been proclaimed as a member of the house. Is De Venecia correct? SC says, NO because the proclamation of Locsin was premature. There was an appeal seasonably filed, therefore, the Comelec was never divested of his jurisdiction over the disqualification case. Since the proclamation is invalid, it is as if no member has been proclaimed as such. So it should have been the Comelec to recognize that he is a member. He does not have to file a Quo Warranto proceedings in the electoral tribunal because that is already an pronouncement that he is the duly elected representative of the district of Leyte. Case: Limkaichong Limkaichong ran as congresswoman in Negros Oriental. Before the election, a disqualification case was filed against her for lack of the required requisite of citizenship. According to the complainant, the father was not a naturalized citizen because the proceedings was invalid. And because the father was not a citizen of the Philippines, that makes Limkaichong ot a Filipino. Despite the pendency of the disqualification case, Limkaichong won the election. And the exercise of the quasi-legislative function of the Comelec passed a resolution that all those who have won the election without prejudice that the pendency of disqualification case should be proclaimed as the duly elected candidate. In this case, a resolution was passed and Limkaichong was then declares as duly elected and she became a member of congress. Paras went all the way to SC because the disqualification case was dismissed. According to Comelec, they were already been divested of jurisdiction because Limkaichong has already been proclaimed as a duly elected member of congress. You continue the proceedings with the electoral tribunal this time. See the difference in the circumstances in the case of Cudilla and Limkaichong. In Cudilla, there was an appeal but there was no resolution saying that pending the resolution of the disqualification case, you are duly proclaimed as elected candidate. In Limkaichong, there was a resolution of the Comelec saying that all the candidates notwithstanding the pending cases, shall be proclaimed as duly elected, without prejudice to the continuation of the proceedings in a proper forum. So in the case of Lmkaichong, she was proclaimed as duly elected. Now that she is a member of congress, Comelec is divested of jurisdiction over the disqualification case. Case: Berauco vs Nograles, Paras vs Nograles, Billondo vs Comelec Once the winning has been proclaimed, taken his oath of office and assumed office as member of the house of representative, Comelecs jurisdiction over the election contest relating to election returns and qualification ends. And the HRET jurisdiction begins. The proclamation of the winning candidate divest the Comelec of jurisdiction over matters ending before it at the time of proclamation. It says here that after the proclamation of the winning candidate in the congressional elections, the remedy of those who may assail its eligibility or ineligibility, qualification or disqualification is to file before the HRET a petition for election protest or a petition for a quo warranto within the period prescribed by the HRET Rules. Case: Zubirri vs Comelec , Mar 13, 2008

Pimentel went to SC and asked for an injunction to stop the proclamation of Zubirri because he wanted to get the election returns from the ARMM. Zubirri was already proclaimed as duly elected senator. SC said that they do not have jurisdiction on the matter anymore because the matter of determining election contest relating to election returns in qualification is exclusive to the electoral tribunal. In which case, it is with the SET. It is not a matter of administrative proceedings. You are not questioning the results of election. It is the SET which has exclusive jurisdiction to act on the complaint of Pimentel involving as it does a contest relating to the election of Zubirri, now a member of the senate. NO APPEAL OF DECISION OF ELETORAL TRIBUNAL Where do you appeal the decision of the electoral tribunal? NO APPEAL. Their decisions are final and executory. Except when there is an allegation of abuse of discretion amounting to lack or in excess of jurisdiction which now become subject to Judicial Review by SC. Case: Abubacar vs HRET Jurisdiction of SC to review the decisions and resolution of HRET operates only upon the showing of grave abuse of discretion on the part of the tribunal tantamount to lack or in excess of jurisdiction. Such grave abuse of discretion implies capricious and whimsical exercise of judgment amounting to lack of jurisdiction or arbitrary and despotic exercise of power because passion and personal hostility. The grave abuse of discretion must be so patent and gross as to amount to an evasion and refusal to perform any duty enjoined by law. In this case, it was absent. And thus the decision of the electoral tribunal was sustained. COMMISSION ON APPOINTMENTS COMMISSION ON APPOINTMENTS MEMBERSHIP It consists of 12 senators and 12 members of the House of Reps presided over by the President of the senate FUNCTION The main function is to act on nominations by the president on certain appointments where the constitution requires the confirmation by the Commission of Appointments. They should act within the period of 30 days while congress is in session from the submission of the nomination. APPOINTMENTS REQUIRING THE CONFIRMATIN OF CoA 1. Heads of executive department 2. Members of AFP - From Captain to Corporal in the navy or Cornel to General in the ARMY. 3. Officers whose appointment are vested in the president by the constitution a. Comelec commissioner b. COA commissioner c. Civil service commissioner d. Regular members of the judicial and bar council 4. Ambassadors, consuls and other public ministers These cannot be expanded by ordinary legislation. PROCEDURE One the matter of procedure, CoA can only hold session while congress is in session. APPOINTMENTS Appointments could either be regular or ad interim on the part of the president. If it is REGULAR APPOINTMENT, appointment of those I have enumerated must require confirmation to make the appointment permanent. Talking about regular appointments while congress is in session, if it is only in AD INTERIM (acting capacity) therefore temporary in nature, even if those referring to I have enumerated, the president is not compelled to submit the names to the CoA for confirmation because of the nature of appointment which is only in acting capacity and that is discretionary on the president. APPOINTMENT DURING RECESS If the president makes an appointment while congress is in recess, therefore CoA is likewise in recess, what is the nature of the appointment? It is permanent and it is immediately effective upon qualification of the appointee but will last only until the next adjournment of the congress if it is not confirmed. By next adjournment, it could mean regular or special session because there is no distinction. So if the congress is not in recess, they should follow that there is confirmation. But if the congress is in recess, the president can still make an appointment even for a secretary of a department. It is still permanent but the duration is limited. Unless it is confirmed by the CoA, it shall last only until the next adjournment of congress.

ADJOURNMENT OF SESSION The adjournment can be of a regular session or a special session. If it is a regular session, it is determined by law, it will last until 30 days before the opening of the next regular session. If it is a special session, after the termination of the special session by congress after they are being called by the president. REAPPOINTMENT Can you be reappointed or re-nominated to the same position? Yes. For as long as it is not disapproved, you can be re-nominated. Like when it is only by passed, meaning it is not acted on within 30 days from its submission to the CoA, you can be renominated. EFFECT OF NON CONFIRMATION ON PREVIOUS POSITION Can you go back to the previous position if not confirmed? Yes, if it is a regular appointment, you can go back to your previous position because the effectivity of appointment is upon confirmation. NO, if it is an ad interim appointment, it is effective immediately upon the qualification. You may be re-nominated but you cannot go back however to your previous position. Case: Matibag To be appointed to the Constitutional Commissions, there is a prohibition against reappointments. You have affixed term of office without reappointment. This appointment being referred to here that is prohibiting a reappointment refers to an appointment that is regular and confirmed by the CoA. Once confirmed you become a commissioner for a fixed term. In which case, you cannot be anymore reappointed upon the expiration of the term. Case: However in the case of this commissioner, he was nominated by the president to be the chairman of the Comelec. This has always been by passed by CoA until the president appointed him in an interim appointment, immediately permanent. Because he was not confirmed by CoA, upon the next adjournment of congress, his appointment expired. He was again reappointment by the president. Was there a violation of the prohibition on reappointment of the commissioner? No. because the appointment was ad interim, not a regular appointment. The prohibition against reappointment applies only to a regular appointment, meaning appointed or nominated by the president, confirmed by the CoA, he had finished his term, then he cannot anymore be reappointed. But for an ad interim appointment, it will last only upon the next adjournment of the congress and therefore expires if not confirmed. Upon the next adjournment he can still be renominated to the same position. MEMBERSHIP OF CoA It is the same, PROPORTIONATE REPRESENTATION from the political parties. CHANGE OF POLITICAL AFFILIATION And this is highly partisan in the sense that the moment that you cease to be a member of the party, automatically, you are removed as a member of CoA. The change of political affiliation has to be permanent. If it is only a coalition, that is not considered a permanent change of political party affiliation to remove you as a member of CoA. NUMBER OF MEMBERS There are 24 members all in all. 25, if you include the president of the senate. But there is no need to fully fill up the 24 membership in the CoA. It is upon their discretion, as long as: 1. they constitute majority of the membership 2. at least a political party is represented by 2 members in order to qualify to get a seat in the CoA. LEGISLATIVE INQUIRY and QUESTION HOUR A part of the oversight functions of congress. It is the power of congress to inquire into any matter that may be a subject of legislative enactment. Either it is pending or not pending at all, for as long as it will help congress in formulating a law. WITNESSES So those persons who may be summoned to appear before a legislative inquiry are witnesses. They are not accused. And sometime we would wonder why in the course of the session, they become defensive. So they cannot invoke the right against self incrimination because it is supposedly an enlightening session. You as a witness to enlighten congress, help them in legislation. EXECUTIVE PRIVILEGE Case: Drillon vs Executive Secretary Arroyo passed an Executive Order 461 on Executive Privilege, saying that cabinet members should not appear in a legislative inquiry either in Congress, house or Committee Hearing without her consent. So if one is served with summons to appear, they would say, ask the president first.

Then you have Drillon questioning the constitutionality of EO 461. Is it correct for the president to invoke executive privilege? YES. However, that can only be invoked by the president. IT IS NOT extend to the cabinet members. So SC partially nullified the provisions of EO 461. It is not by the position that you hold as a cabinet member that makes you exempt from legislative inquiry, but it is the information that you are in possession with because it involves the privilege of the president. It is an executive privilege. Precisely, to determine WON information will affect the office of the president, or it will affect the integrity of the office of the president, it will discharge the functions of the president, one has to ask the president if the information being held by the cabinet member that the congress wants to inquire into is an executive privilege. And so they have to state the purpose of the summons of this cabinet member so that to give time to the president to invoke the executive privilege. It is not the cabinet member who enjoys the executive privilege but it is the president. The information being held by the cabinet member that the president may invoke executive privilege. So then, if the president thinks that the information Congress wants to inquire into is privileged, under the separation of powers, he can invoke the executive privilege and not allow cabinet member to testify or to appear in committee hearing. HOW TO INVOKE EXECUTIVE PRIVILEGE By the president himself saying that it is an executive privilege, and it cannot be disclosed, or By the authority of the president invoked by the executive secretary. Case: Neri vs Senate Committee WON the information that the senate wants to look into was an executive privilege. Neri invoked the executive privilege of the president saying that he cannot disclose. Notwithstanding the invocation of the executive secretary of the executive privilege of the president, they continued to harass Neri, in fact because he did not appear anymore in the senate, they issued an arrest order for contempt. SC sustained Neris right with the invocation of the president of the executive privilege. Senate wanted to know this; Neri disclosed that there was an offer of bribe to him just to approve the broadband contract with ZTE. He was saying $250m, being offered by the Chairman of the Comelec. He said that he told the president about it. Senate wants to know what was the reaction of the president. The president timely invoked executive privilege. The question there is, are those information asked by the senate executive privilege? SC said, the communications elicited by the three questions: 1. Whether the president followed up the NBM project? 2. Where you dictated to prioritize ZTE? 3. Whether the president said to go ahead and approve the project after being told about the alleged bribe? 4. Are covered in the presidents communication privilege. SC said: (1) The communication refers to a non delegable power of the president, the power to enter into executive agreement with the other countries. This authority of the president to enter into executive agreements without concurrence of legislature has been traditionally recognized in the Philippine jurisprudence as confidential. (2)The communications are received by a close advisor of the president under the OPERATIONAL PROXIMITY TEST, Neri can be considered as a close adviser being a member of the Cabinet. (3) There is no adequate showing of a compelling need that would justify the limitation of the privilege and the availability of the information elsewhere by an appropriate investigating authority. You can get the information elsewhere. IOW in this case, the executive privilege was sustained. NATURE OF EXECUTIVE PRIVILEGE It is the implied power of the president to withhold information requested by other branches of the government. The constitution does not xpressly grant this power to the president but courts have long recognized implied presidential powers necessary and proper in carrying out powers and functions expressly granted to the executive under the constitution. This jurisdiction, several decision have recognized executive privilege starting with 1995 case of: Case: Almonte vs Vasquez On the SALN being confidential. Case: Chavez vs Public Estate Authority Case: Senate vs Ermita OTHER MATTERS COVERED IN EXECUTIVE PRIVILEGE BY JURISPRUDENCE 1. As the commander in chief, as chief executive the president is ultimately responsible for the military and national security matters. 2. As officially in control if the nations foreign service, that is also executive privilege. 3. Executive agreements entered into by the president, diplomatic negotiations. 4. Internal deliberations to the president by his cabinet.

There is a pending bill limiting the executive privilege of the president, defining what may be considered as executive privilege. LEGISLATIVE INQUIRY It is the power of congress to inquire and investigate on any matter WON there is a pending subject matter on legislation which includes the power of contempt. POWER OF CONTEMPT The power of contempt may not have been expressly granted in the constitution, but inherent in the power of congress to conduct investigation, to give teeth to that power OW it will be useless to call people and give them option to attend or not. LEGISLATIVE POWER OF CONGRESS This power is discretionary, and cannot be encroached upon by the two other branches of the government due to separation of powers. Case: Neri vs Senate In fact, if cited for contempt in a legislative inquiry, the president cannot grant him pardon; neither can the court issue an injunction to enjoin the implementation of contempt made by congress unless of course there is an abuse of that discretion amounting to lack of in excess of jurisdiction. EXECUTIVE PRIVILEGE There are certain information that may not be disclosed such that matter of executive privilege of the president. The information that is in the possession of the president or of his executive officer or cabinet members that cannot be disclosed even to congress and to public at large for it might affect the office of the president or his integrity. These are information that may not be disclosed to congress even if a cabinet member is summoned by congress to appear. Examples: 1. discussions or deliberations during a cabinet hearing 2. conversation between the president and advisors 3. conversation with consultant for policy making 4. city negotiation by petition 5. matters relating to the presidents power as a commander in chief with respect to military secrets or strategy BALANCING OF EXECUTIVE PRIVILEGE However, according to SC, this has to be balanced with 1. the power of legislative inquiry on the part of congress 2. the right of people to information on matters of public concern insofar as the public at large 3. insofar as the exercise of the power of SC and other courts in the settling of disputes, And how to balance it, that has to be determined by the courts. IOW it is not absolute, it still has to be looked into by SC. Which of these two equally important interest must be given priority? Executive privilege? Or the three other public interest? Case: Senate vs Ermita This is the declaration of the unconstitutionality of EO 464 on Executive Privilege, as to the extent of the exercise of the executive privilege of the president. Can only be invoked by the president and cannot be extended to his cabinet members. Though, before the cabinet members may be summoned, it is only right for them to ask permission from the president so that the president may determined WON the information they hold may be divulged. Determine WON to invoke the privilege as to the kind of information that the summoned cabinet member holds. Case: Neri vs Senate They discussed what kind of privileges of the president that the president or his cabinet members cannot be compelled to disclose. Case: Akbayan vs Aquino This has something to do with Jepepa where there is a question whether Secretary Aquino was asked to give a copy of Jepepa for the study of congress.Because it was still under negotiation; it is confidential and part of the executive privilege of the president. According to SC, he cannot be compelled because after all, it is the very matter or if they want to inquire about it, there are other sources other than from the office of the BPI. SEPARATION OF POWERS VS LEGILATIVE INQUIRY Case: Tengyon vs Committee

SC said that should there be a pending case already filed, supposedly, the person being summoned to appear on committee hearing to shed light on matters that might be of help to congress in the making of law may not be compelled if it might violate the separation of powers between the legislative branch and the judiciary. Case: Benzon This has something to do with the ill-gotten wealth of the Marcos and the corruption committed. There were cases filed with SB. SC sustained the separation of powers by stopping the legislative inquiry as there was already a case filed in court. Case: In contrast of that, there is a case filed in the trial court and what happened was that th ere was an inquiry of a transaction relating to a purchase of a property in Mindanao. They filed a case in court. Thereafter, they ask for an injunction to stop the inquiry on the transaction. SC said that you cannot stop this by simply filing a case because the power of congress is plenary. Case: Standard Chartered Bank vs Senate Committee The officers of Standard Chartered Bank had to appear before the committee who are in charge of banking transactions because of possibility of violations of law that might affect the economy of country and what they did was that the officers of the bank asked for injunction to stop the inquiry, saying that there is already an investigation conducted by the Central Bank, and anytime soon, there might be a case filed against them. SC says, the mere filing of a criminal or administrative complaint before court or quasi judicial body should not automatically bar the conduct of legislative inquiry OW it would be easy to subvert inquiry of the congress through the convenient ploy of instituting a criminal or administrative complaint. The exercise of congress or any of its committee of the power to punish contempt is based on the principle of self preservation of the branch of government vested with legislative power independently of judicial branch. It can assert its authority and punish contemptuous acts. It cannot penalize the violators even if there is overwhelming evidence of criminal culpability. It can only recommend measures or remedy which may be unearthed during investigation, although it may include in its report of its investigation or report for the criminal indictment of persons who may appear liable. Page 65 WITNESS SUMMONED CAN BE COMPELLED While we would say that the mere filing of a criminal or administrative complaint against a witness or person summoned before a legislative inquiry can be compelled to appear before the senate or the congress. Because they are not accused in a legislative inquiry. Rather, they are mere witnesses. So they do not violate the separation of powers between the legislative branch or any court or quasi judicial bodies where there is also a case filed against witnesses. Benzon case has different circumstances as that of the Chartered Bank. CONDUCT OF LEGISLATIVE INQUIRY PROCEDURE One cannot be inquired into or cited for contempt. There has to be the Rules of Procedure and that must be published. That is also emphasized in the case of Neri vs Senate. Can the congress compel the commissioner of PCGG despite the privilege given to the office that they cannot be subject of investigation? Case: Savio He was cited for contempt. In the matter of petition for issuance of writ of habeas corpus on Savio, SC said that congress power of inquiry is broad that it encompasses everything that concerns the administration of existing laws as well as propose needed statutes. It even extends to government agency created in congress and officers whose positions are within the power of congress to regulate or even abolish. PCGG belongs to this class. So long as constitutional rights of witnesses like Chairman Savio and his commissioners will be respected by respondents senate committees. It is their duty to cooperate with them in their efforts to obtain the facts needed for intelligent legislative action. The obligation of citizen is to respond to subpoena, to respect to the dignity of congress and its committees and to testify fully with respect to matters within the realm of investigation. Case: Miguel vs Gordon A mere provision of law cannot pose limitation on the power of congress in the absence of constitutional basis. VARIETIES OF EXECUTIVE PRIVILEGE 1. State secrets - Invoked by the president if it will subvert crucial military, diplomatic objectives. 2. Informers privilege - These are information that the president cannot be compelled to disclose; not to disclose the identity of persons who furnished the information of violation of law to officers charged with the enforcement of the law. 3. Generic privilege - Internal deliberations attached to intra governmental and the documents reflecting advisory opinions, recommendations and deliberations comprising part of process which governmental decisions and policies are formulated.

CABINET MEMBERS As regards to the cabinet being sovereign before the legislative inquiry, they have to ask for the consent to appear to give the president the chance to invoke the privilege. Does it need the approval of the president? Yes. LIMITED TO CABINET How is a question hour conducted? This is limited to cabinet members. So not any person will be summoned before any committee or senate or congressional inquiry. So it is either: a. the cabinet requesting an audience with the senate or congress or any of its committee insofar as matters that affect or they want to clarified about. b. the president to be informed of the sessions on reaching the congress, c. congress summoning a member of the cabinet. POWER OF OVERSIGHT OF CONGRESS If it is just a follow up on laws that are to be enforced by the different departments that is part of the oversight function of congress which would include scrutiny, investigation and supervision. Power of oversight embraces all activities undertaken by congress to enhance its understanding of and influence the over the implementation of the legislation it has enacted. Clearly, oversight concerns post enactment measures under taken by congress to monitor bureaucratic compliance with program activities, to determine whether the agencies are properly administered to eliminate executive dishonesty and prevent executive usurpation of legislative authority to assess executive conformity with congressional perception of public interest. This may be done in a question hour. DECLARATION OF WAR Who has the power to declare war? It is the president who declares war. But there cannot be declaration of war should there be no definition of the existence of a state of war. The law does not make it a condition sine qua non to the declaration of war. But in the matter of the existence of the state of war is for the purpose of granting or vesting in the president emergency power, that is why they have to determine WON there exist a state of war. But WON there is a determination of the existence f a state of war, of course the president can declare war as the commanding chief of the AFP. OW if the president has to wait for congress to hold session and vote WON we are on a state of war, then we are already invaded. DECLARATION OF STATE OF WAR However, for purposes of the prosecution of the war such as granting emergency power to the president so that the president can incorporate funds for the war, it is important that there has to be a declaration of state of war, and that is vested with the congress. How many votes are needed? 2/3 votes both houses, voting separately. EMERGENCY POWER Where is emergency power vested? It is vested in congress but it is delegated to the president. This is the power that is delegated to the president in a statute under sec 23. Because you might think that this power is exercised by the president; this can only be exercised by the president if it is delegated by the congress to the president. Not vested in the president. Under what cases? Only in cases of: 1. national emergency 2. war And thus precisely a determination of congress whether we are in a state of war. But in the determination if we are in the state of rebellion or national emergency, that may be done by the president only. (David et al vs Arroyo). LAW MAKING PROCESS HOW TO MAKE A STATUTE First Reading. There is a sponsor of the bill which will be under first reading. Only the title will be read. Thereafter, it is referred to a committee for referral. The committee could either conduct a further study on a bill that is being sponsored through hearings or may just lay it on the table, meaning not act on it. In the event the committee concerned acts on it, it goes back to the plenary session for a second reading. Second Reading. On the second reading, not only will the title be read but the whole text of the sponsored bill including the recommended changes made by the committee. Thereafter, there will be discussion and debate on the bill. Then it will be recommended for printing. After the printing, it will be distributed at least three days before the plenary session is held and then there will be a third reading. Third Reading. After the third reading, no amendment will be made, then they will take a vote. Thereafter, it will be transferred to the other house. The three readings is indispensible. But where the president certifies that the bill is urgent because of an exigency or emergency, the three readings may be done on the same day. And the printing may be dispensed with. After the third reading, there will be the taking of the vote. If there are differences between the two houses version, it

will be referred to a bicameral conference committee. It can even make a practically new version of the bill of both houses. There will be no violation here. It is not superior to the two other houses because after all, the recommendation of the bicameral conference committee still has to be submitted to the plenary sessions of both houses where they will take a vote whether to agree to the bicameral conference committee or not. So ultimately, if it is carried out, it is approved by both houses. The amendments could take as a substitute. RULES AND LIMITATIONS IN MAKING OF LAWS There are certain rules and limitations in making of laws, both substantive and procedural. AS TO BILLS THAT MAY BE SPONSORED a. Bills that must originate from the House of Representatives 1. appropriation bills 2. revenue bills 3. tariff bills 4. bills authorizing increase of public debts 5. bills of local application and private bills Meaning, the house of senate cannot initiate unless they receive the first version of the house of reps. They may probably come up with their own version. What are these kinds of bills? 1. appropriation bills -authority to disburse public funds -may be general or special 2. revenue bills -designed to raise money or revenue through imposition or levy 5. bills of local application and private bills -for matter relating to LGU (ex. change from municipality to city) The bills may be: general bill or special bill 1. General bill -ex. ANNUAL BUDGET -prepared by the president to be submitted before the regular session. MAY NOT BE INCREASED BY CONGRESS but MAY BE DECREASED BY CONGRESS. Must specifically refer to some particular appropriation and the legislation or enactment must be limited in its operation to the appropriation to which it relates. Of course there must be an available fund for that purpose. NO JUGGLING OF FUNDS -if there is an amount appropriated for a specific purpose, you cannot transfer it as GR to another purpose or from one item to another item. EXCEPTION: depends on whose budget, who will approve a. executive - president b. legislative - president of the senate or the speaker of the house of representatives c. judiciary - chief justice of SC d. constitutional commissions - chairman Example. The budget of the military cannot be transferred from one item to another; it has to be with the consent of the president, not in his capacity as the commander in chief but his being the president to avoid the juggling of the funds. AS TO VETOING AN APPROPRIATION BILL General Rule: If the president should veto a bill, the president vetoes the entire bill Exception: When it is an INAPPROPRIATE PROVISION. Example: On APPROPRIATION BILL, you have to make further exception because sometimes the members of congress will insert subject matters that are not related to appropriation. So then you will have to understand what is the NATURE OF APPROPRIATION. It primarily authorizes the disbursement of funds for a specific public purpose. But sometimes, in the guise of an appropriation bill create an office and insert that in an appropriation bill. That is not an appropriation bill. It is just a creation of office; the allocation of funds is merely incidental to the creation of office. That can be vetoed by the president as an INAPPROPRIATE PROVISION. Of course with the condition that the rest of the provision of the bill can stand on their own excluding that portion that has been vetoed by the president. Case: Suplico vs Romulo This is on appropriation. The rule is, any disbursement of public funds should be supported by an appropriation law. They borrowed money to be placed to the general fund for a public purpose. Instead of placing it to the general fund, they applied the proceeds of the loan directly for the purpose which is was made. Can that be done? SC said, any government expenditure without corresponding appropriation by congress is unconstitutional. There can be no dispute that the proceeds of the foreign loans whether concluded or not cannot be

obligated in a procurement contract without a prior appropriation from congress. When the executive branch secures a loan to file a procurement of goods and services, the loan proceeds enter the national treasury as part of the national funds of the government. Congress must appropriate by law the loan proceeds to find the procurement of goods and services OW the loan proceeds cannot be spent by the executive branch. When the loan falls due, congress must make another appropriation to authorize the payment of the loan of the general funds of the national treasury. This appropriation for the repayment of the loan is what is covered by automatic appropriation. They were saying that in ZTE, they borrowed money but it did not push through because it did push through because of the controversy. They borrowed money and supposedly the proceeds will be applied to the contract that they have entered into with the Chinese government. To go into short cut, they will pay it directly without putting it in the general funds. This cannot be done. Even if it is for a public purpose, there has to be an appropriation law. That is the GR. AUTOMATIC APPROPROPRIATION It is an exception to the loans that we borrowed where we schedule the payment of the loan. There a specific amount that you are going to pay it with. In which case, you do not have to make a separate appropriation for that purpose. Automatically, it will be carried out in the next budget. Thats automatic appropriation, as an exception to every disbursement having an appropriation. Except for sec 28, where tariff powers are vested in the president, the congress is the one that imposes taxes. WHO IS SUBJECTED And as a GR, in the imposition of taxes, everybody is subjected to tax, to be exempted you have to have the vote of majority of the members of congress. TREATY TAX CREDITS Tax credits granted by treaty. How many votes are needed? It needs no concurrence from congress. But because it is a treaty, it needs concurrence of 2/3 of senate. TAX EXEMPTIONS ON CERTAIN INSTITUTIONS Churches, personagesproperties that are directly, actually and exclusively used for religious purposes and for charitable institutions. Case: Lung Center vs Quezon City Under 1973, 1987 Constitution and RA 7160, in order to be entitled to exemption, petitioner is burdened to prove by unequivocal proof that it is a charitable institution and the properties are actually, directly and exclusively used for charitable institution. EXCLUSIVELY USED - It is defined as possessed or enjoyed to the exclusion of others, barred from participation or enjoyment. And exclusively is defined in a manner to exclude or enjoy the privilege exclusively. The words DOMINANT USE and PRINCIPAL USE cannot be substituted for the words used exclusively without doing violence to the constitution and the law. SOLELY is synonymous to the word exclusively. Case: Lung Center vs Quezon City Part of its property was for charitable purposes for free for indigent purposes. But there is a part of a property which they had for a fee. So those who are well off enough to pay for fees will pay. They are now asking for exemption because they are taxed for the income that they derived, and on the property as well because it was with a fee. They say that this institution is principally a charitable institution. SC said, that would not mean exclusive. So there is the definition of exclusive use there. What else are exempted? 1. religious purposes 2. educational purposes (non stock non-profit) 3. charitable purposes EDUCATIONAL PURPOSES The application of the exemption refers to non stock non-profit educational institutions that would include their revenues. Not only the properties that they are in possession with, including the revenues. They are exempt from taxation for as long as it is in relation of educational purposes. In contracts, you have those proprietary educational institutions, do they enjoy the same privilege as a non stock non profit institution? Because this is the issue of some schools here that is for business? The law says, unless OW provided by law. So they may be exempt. But our local laws are subjecting them to taxation, so they cannot complain. This includes foundations that are non stock non profit, like USC foundation. They are exempt also from taxation. PROCEDURAL LIMITATION Every bill must embrace one subject matter. Same thing as when laws are initiated by the people on the process of initiative and referendum. OW, if there will be several subject matters, that will be a HODGE PODGE LAW and is prohibited by law and can be prohibited by the president on the concept of INAPPROPRIATE PROVISIONS.

RECORDS OF THE PROCEEDING OF THE DELIBERATIONS Records of the proceeding of the deliberations: 1. journal 2. enrolled bill Which of these two will prevail in case of conflict? ENROLLED BILL is the certified and authenticated version of the bill that is signed by the president before becoming a law. After both houses through their respective heads certify that that is their version, it will be enrolled. It will be authenticated by the president of the senate and the speaker of the house of representative and signed by the president. In case there is a conflict and a question on what is the version of the law, the enrolled bill is conclusive upon the courts as to the contents, the tenor of the legislative proposal. Should they think that it is actually not the version that both houses intended, then they need to amend it. They cannot just set aside the enrolled bill. So far as the court is concerned, it is conclusive What if it conflict with the journal? The JOURNAL is required by the constitution to be kept by the secretary of each house in order to contain the following: 1. veto message of the president 2. voting of both houses overriding the veto 3. yeas and nays of the members of both houses in the passing of the bill 4. yeas and nays only at the request of 1/5 of the members of the house to be entered in the journal Insofar as those information are concerned, they are conclusive upon the courts. So you must know what are these information that need to be entered in the journal. In case of conflict of the voting, the journal always prevails. If you go by the matter WON the bill is valid in its content or tenor, you have to go by the enrolled bill. Case: Abakada Guro Party list vs Ermita, The signing of the bill by speaker of the house and the president of the senate and the certification of the secretaries of both houses of congress that it was passed are conclusive of its due enactment. Case: Pons vs US This about the substances. This is important. One, as regards to the conclusiveness of the journal, and the another one is the conclusiveness of the enrolled bill. This has something to do with the time when the bill was passed because there was an allegation that the bill was signed after the term of office of the office. But it was stated in the journal that it was passed before 12 midnight. So which two will prevail as far as the court is concerned? It should be the journal because according to the SC, the memory of man may fail but definitely what was recorded in the journal. And it is conclusive upon the courts because the courts must accord respect to the two branches of the government, having these records prepared by co-equal branches of government which is congress. SEC 32 SECTION 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof. INITIATIVE AND REFERENDUM ARTICLE VII - EXECUTIVE DEPARTMENT EXECUTIVE POWER RESIDUAL POWER OF THE PRESIDENT Some powers that are not assigned either to the legislative or the judiciary, the power is vested on the president being the chief executive. Example. 1. DETERMINE WHO IS ALLOWED TO ENTER COUNRTY - On the matter of determination who is allowed to enter the country. (Marcos vs Maglanos) 2. PRESIDENTIAL IMMUNITY - On the enjoyment of the presidential immunity. On the presidential immunity, this is only available to the president during his incumbency. This is not an express grant of the constitution. This is jurisprudential. IOW by the decisions of the SC that this power of immunity from suit is enjoyed by the president. Case: Estrada vs Disierto Estrada was saying that he is still the president and therefore he should still continue to enjoy the immunity and thus he cannot be prosecuted in SB. SC said that in as much as he is already considered resigned, he is no longer the president. And not being the president anymore, he can no longer invoke the immunity. IOW he can now be prosecuted in any court of law because such is CONCURRENT ONLY TO HIS TENURE, not to his term.The TENURE means the period which he actually holds office. The TERM is a period which he is to hold office as a matter of right.

Case: Romualdez vs Sandiganbayan SC said that the executive immunity applies only during the incumbency of the president. Case: David et al vs Arroyo Arroyo was dropped from that case. SC said it is not proper to implead Arroyo as respondent. Settled is the doctrine that the president during his tenure of office or actual incumbency may not be sued in any civil or criminal case, and there is no need to provide for it in the constitution. Case: Soloven vs Macasial They moved for the dismissal of the case filed against them by President Aquino, invoking immunity from suit. They are saying that when you can sue us, we cannot file a countersuit against you because of immunity from suit. And thus they moved for the dismissal of the case. TN this can only be invoked by the president. It is personal to the president. So it is up to the president to invoke it or waive that right. So when the president files a case against a private individual, president is considered to have impliedly waived his immunity. But its up to the president. It cannot be used as a defense on the part of the person being sued by the president IMMUNITY FROM SUIT IS PERSONAL TO THE PRESIDENT TN immunity from suit is personal to the president. It cannot be invoked under qualified political agency by the alter egos of the president. This cannot be delegated to the different secretaries of the different departments. Case: Secretary Gloria Arroyo She invoked immunity from suit being the secretary of the Department of Education. SC said that it is not extended to the cabinet members. This is only personal to the president. QUALIFICATION OF PRESIDENT 1. natural born 2. resident of Philippines for 10 years immediately preceding the election 3. 40 years on the days of election 4. Citizen before assuming office TERM PRESIDENT Term is 6 years Unless OW provided by law. Term begins at noon of Jun 30 following the election. When we say, unless OW provided by law, can his term of office be extended? No. It refers to the commencement of his term of office. It could be other than June 30 following the day of election. VICE PRESIDENT 6 years but in no case for more than 2 successive terms. So he can serve for more than 12 years as long as it is not successive. Can the VP who assumes the presidency run again as president after the expiration of his term? It depends. If he had served for more than four years in the office of his predecessor, he is disqualified. If 4 years or less, he can still run as president. MANNER OF ELECTION PRESIDENT How are they chosen? They are chosen by direct votes. BOARD OF CANVASSERS Who canvass the election returns from the different provinces and cities? Who serves as the board of canvassers? Congress - the congress cannot delegate that to Comelec. It is directly transmitted to congress. But they can conduct a joint committee to authenticate the election returns that have been submitted. But I dont think that is now a controversial thing now that we are automated. Still it is the congress that will canvass and thereafter they are going to make a proclamation. BTW, remember that during the election time, usually, the term of office of the members are already expiring except for the 12 senators whose term of office have not already expired yet. Is it not that they adjourn sine die? What is adjournment sine die? When they adjourn as a legislative body. Meaning, in the matter of law making. Elections are held every 2nd Sunday of May. Before an election is made, they adjourn sine die. This is without prejudice to continuing their session not as a legislative body but as to perform other functions vested in them or conferred upon them by the constitution such as the canvassing of votes for president and VP. This is a function that they can be compelled to stay in session and attending and performing the function notwithstanding that they have already adjourned insofar as being a legislative body. So they adjourn as a legislative body insofar as lawmaking but not insofar as performing functions that are required of them by the constitution such as acting as the board of canvassers. PROCLAMATION

Then they have to vote. To proclaim, they have to have majority votes in a joint session voting separately. DEADLOCK - in case there would be a deadlock or a tie, they have to break the tie with majority of both houses. ELECTION CONTEST OR PROTEST In the mean time, any election contest or protest, where is it filed? You have the PET Presidential Electoral Tribunal. PET PRESIDENTIAL ELECTORAL TRIBUNAL It is the SC acting as the PET. When the law grants the SC the power to resolve an election contest between and among the presidential candidates, no new or separate court is created. The law merely conferred upon the SC the functions of the PET. NO PRE-PROCLAMATION CONTEST There is no pre proclamation contest with regards to president and VP. WHO MAY BE PROTESTANT Who may be a protestant in a presidential election? Case: Poe Only a real party in interest may be a protestant. A real party in interest are only the two persons, the second and third placers only. The rule makes in effect determine the real party in interest concerning an ongoing election contest. Envision the scenario where if the declared voter have not been truly voted upon by the electorate, the candidate who received the second or third highest number of votes would be the legitimate beneficiary in the successful election contest. Case: Tecson vs Comelec The actions contemplated in sec 4 art 7 of the constitution are post election remedies, namely: 1. regular election contest 2. quo warranto The word contest means that the jurisdiction of the SC may only be invoked after the election and proclamation of the VP or president. There can be no contest before a winner is proclaimed. EFFECT IF PROTESTANT REASSUMES OFFICE What will happen if the protestant reassumes his office? Case: Santiago Santiago ran as president. She was not able to get the result of the contest, she went back to her being a senator. For those who will run as president, they are not considered resigned. They can go back to their position so long as the term did not expire. What was the effect on the election protest? SC said, in assuming the office of the senator, Senator Santiago has effectively abandoned or withdrawn her protest to the election protest. Case is dismissed. Case: Legarda vs de Castro She also filed an election protest against de Castro. After that, she ran for election to the senate. SC said that Legarda has effectively abandoned or withdrawn her protest when she ran for senate which coincides with the term of vice presidency. Case: Estrada In the case of Estrada running again as president. Supposedly 6 years without reelection. So meaning, you have to finish the term in 6 years. Because it did it say: voluntary renunciation is considered an interruption of the continuity of the term of office like in the case of members of congress. So, the presume that the president in order to be disqualified to run for election, he will have to finish the 6 years term. This is not being made clear, because eventually, what if for example, you are being impeached, on the second year of his term, can he run for presidency on the next election? It is not voluntary? It case of resignation it is voluntaryIt is rather confusing because the law is very clear, 6 years without reelection. Adding to the confusion is Estrada running for reelection. His theory is he is qualified because he had not finished his term. Anyhow, there is no decision on that by the SC. BEFORE ASSUMPTION - DEATH It may occur at the beginning of the term or during the term of the president or VP. If it occurs before the term or even before the president assumes office, he died or he suffered permanent disability, the VP becomes the president. If there is no VP, then it would be the president of the senate, the speaker of the house of representatives, in that order acting as the president in the mean time until the VP has succeeded, qualified or chosen. BEFORE ASSUMPTION FAILED TO QUALIFY OR NOT CHOSEN If at the beginning of the term, the president failed to qualify, then the president of the senate shall act as the president. Or if no president has been chosen, then the president of the senate or the speaker of the house of representatives, in that order will be acting as the president. In the absence of the speaker, they will have to convene and provide for a law that will serve to provide the manner of succession who shall be acting as the president in the mean time the elect president has not yet been chosen or failed to qualify.

WHEN THERE IS ASSUMPTION During this time, the term of the president, you go into the succession, only when there is permanent vacancy caused by: 1. death 2. permanent disability 3. resignation 4. impeachment PERMANENT DISABILITY - In the case of PERMANENT DISABILITY, should it always be physical? What about FUNCTIONAL DISABILITY? Meaning you cannot anymore function effectively as a president because you do not have anymore the support of your cabinet, AFP or LGUs. Case: Estrada It is not so much on the resignation but on the functional disability of the president. Virtually, he was a laying duck because he cannot command anymore the leadership insofar as the government is concerned because he lost the support of the key officials of the government especially the support from the AFP. That has to be defined by the SC because it was a mere opinion of one of the justices. The permanent disability as has been ventured in its definition by the definition of one of the justices, perhaps it could also include functional disability. But the understanding is PHYSICAL DISABILITY. RESIGNATION Case: Estrada vs Disierto No formal process is required like when you have to tender a resignation letter. For as long as there is a manifestation of the relinquishment of the power and the act is more to the relinquishment by abandoning physically the office that he is abandoning, that is already considered as resignation. There were enumerated manifestations of the act of relinquishment of the power which the SC has concluded that indeed, he has resigned. IMPEACHMENT The president can only be removed through impeachment. Because he is the president, you have the initiation by the house of representatives, and then you have the senate acting as the tribunal. You will have the chief justice of SC as the presiding officer. How about the VP? Same manner in creating a vacancy in the office of the P. 1. death 2. permanent disability 3. resignation 4. impeachment Insofar as the VP is concerned, the one who is going to preside the impeachment proceedings in the senate will be the president of the senate. SUCCESSION DUE TO VACANCY OF PRESIDENT In case a vacancy occurs, there will be the succession. The VP shall become the new president by operation of law. In the absence of the VP, you will have the president of the senate to act until the election shall be held. Or you have the speaker. In the absence of either, congress will meet and provide for the manner of succession. Here, they will call for a special election. No special election will be called if the vacancy occurs within 18 months (1 year and 6 months) before the next regular election. Wait for the regular election nalang. SUCCESSION DUE TO VACANCY OF VP The president nominates and the members of congress shall vote by majority votes, voting separately. There will be NO special election. Special election will be held when both offices of the president and VP are vacant. TEMPORARY DISABILITY OF THE PRESIDENT Estrada vs Disierto In the determination WON there is a conflict between the presidents pronouncements and that of the majority of his cabinet, it will be for congress to decide, WON indeed the president suffers temporary disability in order to have the VP to take over and act as the president. VOTES REQUIRED TO DECLARE TEMPORARY DISABILITY 2/3 votes of Congress voting separately. It is only when on the second time that the majority of the cabinet will declare that the president to be under temporary disability. The first time that the majority of the cabinet declares it, congress dont have to decided on the issue. INITIATIVE OF DECLARATION OF TEMPORARY DISABILITY So the declaration of temporary disability could either be by the initiative of: 1. the president himself informing congress that he is under temporary disability 2. the majority of its cabinet

INITIATIVE OF MAJORITY OF CABINET MEMBERS This can be protested by the president. And the moment the president contradicts that, then he can reassume the functions of the president. Then the cabinet again can go back to congress and tell them that indeed the president is in temporary disability. The second time that they will do that, then congress has to decide. And the matter of declaring temporary disability is discretionary of congress. Not even the SC can interfere. Case: Estrada vs Disierto The question whether there is temporary disability of Estrada is a political question beyond SCs power of review. The decision that President Arroyo is a de jure president, made by a co-equal branch of government cannot be reviewed by the SC because that is discretionary of the SC. DECALARTION OF TEMPORARY DISABILITY In relation to this, you have also the requirement that while the president is ill, it has to be declared and the public has to be informed about it. ACCESS TO PRESIDENT DURING ILLNESS And during the illness of the president, who has access to the president? 1. National security adviser 2. Secretary of foreign affairs 3. Chief of staff of AFP PROHIBITIONS or DISQUALIFICATION OF THE PRESIDENTAND VP AND MEMBERS OF CABINET 1. Prohibited from holding any office or employment during their tenure, either government or private -unless OW provided by the constitution or by law a. VP may also be appointed as a cabinet secretary -does not require confirmation of Commission on Appointments b. Secretary of Justice is an ex officio member of judicial and bar council -does not require confirmation of Commission on Appointments c. when they hold office in a capacity of ex officio -do not receive salary or emoluments (ex. Secretary of Finance at the same time Head of the Monetary Board) 2. Prohibited from practicing profession directly or indirectly during their tenure 3. Cannot participate in any business 4. Cannot be financially interested in any contract or any franchise or any special privilege that may be granted by any subdivision of the government, agency including GOCC 5. Cannot appoint spouse of president and relatives within the fourth civil degree either by consanguinity or by affinity to be the head of the Constitutional Commission or the commissioner of COA, Civil Service or Comelec 6. Cannot appoint the spouse to be the ombudsman or secretary of any of the department under the executive branch or undersecretary or chairman of bureaus or offices including GOCCs and their subsidiary NO PROHIBITION ON THE APPOINTMENT OF SPOUSE Can the spouse be appointed as chief justice of SC or to be an ambassador or consul? Yes. There is no prohibition. If the spouse is already in office before he was elected as president, can she continue? Yes. What is prohibited is the appointment or the reappointment of that spouse or relative to those positions I have enumerated within or during his tenure. Being the chief executive, by nature, appointing power is vested in the president. What are the different kinds of appointments? 1. Heads of executive departments 2. Ambassadors and public ministers and consuls 3. Officers of AFP -excluding those that are no longer part of AFP: a. PNP b. Philippine Coast Guard 4. Other officers whose appointment is vested in him by the constitution like: a. chairman and commissioners of CSC, COMELEC, COA b. ombudsman and his deputies - 4 deputy ombudsman: 1. Luzon; 2. Visayas; 3. Mindanao; 4. Military Controversy: THE PRESIDENTS POWER TO DISCIPLINE THE DEPUTY OMBUDSMAN (being the appointing authority) It is only under this administration that they went into the matter of removing them or investigation them. You also include the special prosecutor who is being placed under preventive suspension. The deputy ombudsman for the military has already been dismissed from service. The ombudsman, while he is appointed by the president, cannot be removed by the president - removable only by impeachment. The law however is very clear as to who are the impeachable officials: those who are not included in the list are excluded. Therefore, that excludes the deputy

ombudsman. Who can discipline them? From the previous understanding, they can only be disciplined by the office of the ombudsman to maintain the independence of ombudsman. They have this committee that investigates deputy ombudsman who has been charged administratively. It is only under this administration where the president has conducted investigation, and we already have the example of Gonzales having been dismissed from the service in relation to that incident that had happened in Luneta, where there was the holding hostage of some Chinese tourists in the country. We also have the preventive suspension of the special prosecutor, who has the same rank of the deputy ombudsman. They have filed cases in the SC right now. SC will still decide on the issue of the presidents disciplining the deputy ombudsman being the appointing authority. c. regular members of the judicial and bar council d. sectoral representative in congress before the party list system 5. Judges of the judiciary -but the president cannot remove them. To maintain independence of SC, only SC can remove judges 6. All other officers whose appointments are not provided by law and those who may be authorized by law to appoint if there is no law providing who the appointing authority, it is understood that the president makes the appointment; because the appointing power by its nature is executive. Or those laws that specifically provide that they are subject to the appointment of the president. Because there are certain appointments that are not made by the president, like: a. personnel in congress; b. staff and employees in judiciary -only the judges and up are appointed by the president. LIMITATIONS OF APPOINTMENT 1. CONFIRMATION OF CoA The first four appointments that we have mentioned are subject to the confirmation of the Commission of Appointments. KINDS OF APPOINTMENTS TN of the different kinds of appointments relating to this, insofar as confirmation: 1. permanent 2. temporary 1. regular 2. ad interim PERMANENT APPOINTMENT If the appointment is permanent, and congress is in session, the process is like this: The president nominates, and then the CoA supposedly should act in it within 30 days. If the CoA CONFIRMS the nomination, then the president issues what they call, COMMISSION. And thereafter the appointee accepts the appointment and assumes office. If the CoA DISAPPROVES, then the president cannot re-nominate the same candidate. IN CASE OF DISAPPROVAL Can the appointee return to the previous position he was occupying before the nomination of the president? YES. Can he be re-nominated? NO. BY-PASSING THE NOMINATION If the CoA does not act on the nomination within 30 days from submission, then the nomination is as good as by passed. Appointee CAN RETURN to the previous position he was occupying before the nomination and CAN BE RENOMINATED. Because his removal or separation of office shall take effect only upon confirmation. TEMPORARY APPOINTMENT A temporary or in acting capacity, or its a mere designation (additional functions to the regular function), that would NOT require confirmation by the CoA. Acting appointment can be made even if congress is in session because it does not anyway require confirmation by the CoA. REGULAR APPOINTMENT It is made by the president while congress is in session. TN that CoA cannot act if the congress is not in session. The president has to submit the nomination to the CoA. If the CoA disapproves, then he cannot re-nominate the same candidate. If the CoA approves, then the appointment takes effect upon confirmation. If the CoA does not act on it within 30 days, then it is good as by passed. The president can still re-nominate the same candidate. AD INTERIM APPOINTMENT permanent in nature It is made by the president while congress is NOT in session; therefore CoA is not in session. It is effective immediately upon qualification of the appointee. And it is permanent. However, it will last only until it is disapproved by the CoA upon the resumption of the session. If it is not confirmed, then it shall last only until the next adjournment of congress. So there is a limit on its duration although it is permanent. Can the same candidate be renominated after the expiration of the appointment because it was not confirmed even after the adjournment of congress? YES. It is only when it is disapproved when he cannot be re-nominited.

Even if there is a prohibition on reappointment in the case of Constitutional Commissioners of COA, Civil Service or Comelec? YES. Because the prohibition against reappointment as to the officers I have mentioned applies only to regular appointment, NOT ad interim appointment. Case: Matibag vs Beripayo; Case: Binamira vs Garucho SC said, an ad interim appointment is a permanent appointment because it takes effect immediately and can no longer be withdrawn by the president once an appointee is qualified into office. The fact that it is subject to confirmation by the CoA, does not alter its permanent character. It is effective until disapproved by the CoA or until the next adjournment of congress. It is extended only during the recess of congress. If it is disapproved by CoA, appointing can no longer extended in the new appointment. If by passed, the president is free to renew the ad interim appointment. Case: Pimentel vs Executive Secretary The law allows the president to make such acting appointment. The president may even appoint in acting capacity a person not in the government service as long as the president deemed that person competent. Acting appointment is temporary in nature. It is intended to fill up an office for a limited time until the appointment of permanent occupant to the office. In case of vacancy in an office occupied by an alter ego of her choice as acting secretary before the permanent appointee of her choice and assume office, it may be extended anytime there is vacancy even while congress is in session. 2. LIMITATION ON MIDNIGHT APPOINTMENT This was a controversy last year because of the appointment of the chief justice of SC. The president cannot make appointments because it is prohibited within 2 months immediately preceding a regular election of the president. So TN of the following cases: Case: De Castro vs JBC Case: Serrano vs JBC Case: Reconza vs JBC TN of the reapplication of sec 15 art 7 of the Constitution to appointments of the judiciary. Because in the law, particularly of sec 15, art 7, that in reference to appointment of officers (no distinction), for as long as it is within the presidents power to appoint; except when the continued vacancy would cause prejudice to public service, then he may appoint temporarily the executive officers to offices in the executive department. Does this apply to the judiciary? In these cases, SC said, the prohibition under art 7 sec 15 of the constitution against presidential appointments immediately before the next presidential election and up to the end of the term of the outgoing president does not apply to the vacancies in the high tribunal, meaning the SC. Although we have the case of: Case: Valenzuela Where SC said that it applies to the judiciary came to hold that the prohibition covered in judicial departments, it cannot be disputed that the ___ dictum did not firmly rest on the deliberation of Constitutional commission. Thereby, the confirmation made to the JBC by then Senior Justice Florence Regalado of this court, a former member of the Constitutional Commission, about the prohibition not being intended to apply to the appointments to the judiciary which confirmation Valenzuela even expressly mentioned should prevail. Had the framers intended to extend the prohibition contained in sec 15 art 7 to the appointment of members of the SC they should have explicitly done so. We explain. As provided in the constitution, how do you fill up the vacancy in the office in the SC? It has to be filled up within how long? 90 days from the occurrence of the vacancy. Unlike the rest of the courts in the judiciary, the filling up of the judiciary is only within 90 days from the submission of the list of nominees. Insofar as the SC is concerned, within 90 days from the occurrence of the vacancy that they will fill up. If they have to wait for the new president to be elected, they are saying that they might violate the provisions of the constitution which is mandatory. Whereas for the rest of the judiciary, in the case of Valenzuela, on why the prohibition applies to the judiciary because after all, the appointments can be made within 90 days from the submission of the list. So it may run conflict with the provision of the SC. Thats why according to SC, if this applies to all, then they should have specified. But they did not. So still they maintain SC is not subject to that prohibition on appointment. So the appointment of Chief Justice Corona was sustained as to its propriety and validity. Because if you ask about independence, because they have this political prejudice already as to the appointing authority. Supposedly, whoever is appointed after being appointed, should remain independent as required by the constitution. So all the more, they should not be afraid of the SC being bias against the next administration because it is so established to be independent from the two other branches of the government. The only thing is that they cannot remove the personal sentiments of people from what is supposedly provided by law. Gist: Prohibition applies to the JUDICIARY but NOT TO THE SUPREME COURT. NOT APPLICABLE TO LOCAL EXECUTIVES Election ban. Only presidential election is covered in the prohibition. This does not apply to appointments made by local executives. Therefore, in the local level, they can make midnight appointments.

POWER OF CONTROL AND SUPERVISION BY THE PRESIDENT CONTROL VS SUPERVISIONS C: -when the president nullifies, alters or sets aside what a subordinate officer has done in the performance of his duties and to substitute the judgment of the officer or subordinate S: -merely overseeing over the acts of the public officer. The president cannot alter or nullify the same except when they are contrary to law. Its more on overseeing the acts of officer rather than the actor. EXAMPLE C: -control over executive department S: -supervision over local governments REORGANIZATION OF OFFICES In relation of the power of control of the president over the different departments, bureaus and agency under the executive branch or office of the president, TN of presidents REORGANIZATION OF OFFICES which may include even:

1. the transfer of functions from one department to another 2. the merger of offices under the executive branch 3. the abolition of offices in the executive branch
Case: Buklod vs Zamora This was the deactivation of the EIIB because some of the functions were already performed by the other offices of the government. Some of the personnel were transferred offices. And those who cannot be transferred lost their job. Thus the question of the authority of the president to do that because virtually it abolished EIIB. According to them only congress that created the office can do that. But SC said that GR has been the power to abolish the public office is dislodged with the legislature. The exception however is that as far as bureaus, agencies or offices in the executive department is concerned, the presidents power of control may justify him to inactivate the power and functions of an office or certain laws may grant him broad authorities to carry out the reorganization measures. The chief executive under our laws has the continuing authority to reorganize the administrative structure of the office of the president. TN only the office of the president or the executive office proper. Case: Malaria Malaria Employees and Workers Association of the Phils. Inc. were some of the functions the DOH have been transferred. SC said that the president has the authority to carry out the reorganization of the DOH under the constitution and statutory laws. This authority is an adjunct of his power to control under art 7 sec 1 and 17 of the 1987 constitution. The presidents power to reorganize the executive branch is also an exercise of his residual power, which grants the president broad organizational power to implement the reorganization measures. Be that as it may, the president must exercise good faith in carrying out the reorganization of any branch or agency of the executive department. Case: SC said the control of the organization of the national government and agencies may include the power 1. to group, consolidate bureaus and agencies 2. to abolish offices 3. to transfer functions 4. to create and classify functions, services and activities 5. to standardize salaries and materials The validity of the laws is unquestionable. The 1987 constitution clearly provides that all laws, decrees, executive orders and proclamations, letters of instructions and other executive instruments not inconsistent with the constitution shall remain operative. Case: Domingo vs Zamora The presidents power to reorganize offices outside of the office of the president proper is limited. Merely transferring functions or agencies from the office of the president to the departments or agencies and vice versa. Example: In DECS, it is now DoE. What happened to Culture and Sports? The functions have been transferred to the Philippine Sports Commission. It was removed. It is now attached to the office of the president. QUALIFIED POLITICAL AGENCY DOCTRINE TN as regard of the power of control is the QUALIFIED POLITICAL AGENCY DOCTRINE. That power of control of the president is delegated to the different secretaries of the different departments as adjunct to the office of the president, or acting as alter egos of the president. They perform the function and they are considered as the functions being performed by the president himself unless the acts are disapproved or repropriated by the president or if the president is require to act in person by law or by the constitution. This is important; that while we have this qualified political agency which practically makes the act of the secretary as the act of the president.

Example: In exhaustion of administrative remedies - the moment it is decided by the secretary of the department, you need not go to the president because the act of the secretary has exhausted the administrative remedy, you can now go to the courts; as an exception to exhaustion of administrative remedies. NON-DELEGABLE ACTS TN however that there are certain acts that cannot be delegated to a delegate such a secretary of a department. So that even if it is acted upon by the secretary, that is not considered as an act of the president . Even if ratified by the president, still, it cannot be considered as final. Still, it has to be acted upon by the president himself. What are these functions? 1. residual power of immunity from suit -this cannot be also enjoyed by an alter ego 2. declaration of martial law 3. suspension of the privilege of the writ of habeas corpus 4. pardoning power of the president -this is the grant of pardons, commutations, reprieves, and remissions of fines and forfeitures Case: Constantino vs Gizia What about the president, through the BSP contracting foreign loans? Does that need the presidents action personally? Can that be delegated to the president of BSP? YES, it can be delegated. SC said, on the question on WON BSP can enter into contracts the matter of entering of treaty and agreements is a function of the president. SC said, nevertheless, there are powers vested on the president by the Constitution which may not be delegated to or exercised by an agent or alter ego of the president. Justice Laurel in his ponencia in Guillena made this clear; the argument of ratification may seem plausible under the circumstances concerned which by some certain acts which by their nature cannot be validated by subsequent approval or ratification by the president. There are certain constitutional powers and prerogatives of the chief executive of the nation which must be exercised by him in person and no amount of approval or ratification will validate the exercise of any of those powers by any person; such as: a. to suspend the writ of habeas corpus b. to proclaim martial law c. to the exercise of the divine prerogative of mercy (pardon) These distinctions hold true to this day. There are certain presidential powers which arise out of exceptional circumstances and if exercised would involve the suspension of fundamental freedoms or at least called for the supersedence of executive prerogative over those exercised by co-equal branches. The declaration of martial law, the suspension of privilege of the writ of habeas corpus, the exercise of the pardoning power notwithstanding judicial determination of the accused; all fall within the special class and demands for the exclusive exercise by the president of the constitutionally vested power. It is by no means exclusive. But there must be showing that the executive power in question is ofsida gravitas and exceptional import. SC said, we cannot conclude that the power of the president to contract or guaranty foreign debts falls within the same exceptional class. Indubitably, the exception to contract and guaranty foreign debts is a vital public interest but only akin to any contractual obligation undertaken by the sovereign, which arises not from the extraordinary incident but from the established functions of the governance. IOW this power can be delegated. And it can be performed by an alter ego even without prior approval by the president. It is considered an act of the president unless it is disapproved or reprobated. POWERS OF THE PRESIDENT AS COMMANDER-IN-CHIEF 1. Call out AFP - the power to call out the AFP to prevent or suppress lawless violation, invasion or rebellion 2. Suspend writ of habeas corpus 3. Proclaim a state of martial law 4. Control the acts of the AFP POWER TO CALL OUT AFP This is the power to call out the AFP to prevent or suppress lawless violation, invasion or rebellion. It is NOT subject to judicial review. It is discretionary of the president. He doesnt have to report to congress, unlike the suspension of the writ of habeas corpus or the declaration of martial law, where there are constitutional limitations. CONSTITUTIONAL LIMITATIONS OF SUSPENSION OF WRIT OF HABEAS CORPUS and PROCLAMATION OF STATE OF MARTIAL LAW Only two requisites: 1. Invasion or rebellion, AND - Invasion or rebellion must be actual and not merely imminent. 2. Public safety requires it EXPIRATION On 60th day, automatically it is lifted by operation of law upon the expiration of the period unless it is revoked earlier or if not it is extended by congress by majority votes in a joint session voting jointly. (Note: this is the

only time where the houses vote jointly!) The president cannot set it aside neither can it be reviewed by SC. REPORT TO CONGRESS Then the president has to report to congress within 48 hours from the declaration of suspension. The purpose of the report is for the congress to determine whether it should be revoked. LENGTH OF DETENTION - For how long can you be detained where the court cannot interfere into the detention after a warrantless arrest pursuant to the suspension of the writ of habeas corpus? You cannot be detained for more than 72 hours, unless you are judicially charged. RIGHT TO BAIL - And the right to bail is still available unless it is non bailable, like coup d etat. Of course this is without prejudice to hearing. Because there are two requisites to deny you of your right to bail: 1. charged with capital offense; 2. evidence of guilt is strong POWER TO CONTROL THE ACTS OF THE AFP 1. APPERANCE IN LEGISLATIVE INQUIRY - Prohibiting them from appearing in any legislative inquiry. It is part of the presidents power as the commanding in chief NOT part of the Executive privilege.

2. CHAIN OF COMMAND - Prohibiting members of AFP to freely say what they want to say or go
wherever they want to go. They have to follow the chain of command. So obey first before you complain. That is the structure of the military. OW should they refuse, they can be court martialed. In which case, the decision of that tribunal is subject to appeal not to any civilian court but to the president in his capacity of commander in chief of AFP. DECALARTION OF NATIONAL EMERGENCY Another point you should TN being the commander in chief, the president can declare a state of national emergency, or state of rebellion. Case: Lacson vs Perez, The declaration by the President of state of rebellion during or in the aftermath of the May 1, 2001 seige of Malacanang is not violative of the separation of powers doctrine. The President, as Commander in chief of Armed Forces of the Philippines, may call upon such armed forces to prevent or suppress lawless violence, invasion or rebellion. Case: Sanlakas vs Executive Committee The Presidents authority to declare a state of rebellion springs in the main from her powers as chief executive and, at the same time draws strength from her Commander-in-Chief powers pursuant to her calling out power. Integrated Bar of the Philippines The President has full discretion to call the military when in his judgment it is necessary to do so in order to prevent or suppress lawless violence, invasion or rebellion. There is no equivalent provision dealing with the revocation or review of the Presidents action to call out the armed forces. David et al vs Executive Secretary PP 1017 constitutes the call by the President for the AFP to prevent or suppress lawless violence. However, PP 1017s extraneous provisions giving the President express or implied power (1) to issue decrees; (2) to direct AFP to enforce obedience to all laws even those not related to lawless violence as well as decrees promulgated by the president; and (3) to impose standards on media or any form of prior restraint on the press, are ultra vires and unconstitutional. In the absence of legislation, the President cannot take over privatelyowned public utility and private business affected with public interest. The President can validly declare the existence of a state of national emergency even in the absence of congressional enactment. But the exercise of emergency powers requires a delegation from Congress. DECALARATION OF WAR Of course the president as the commander in chief can declare war. But there has to be determination of state of war. This is for the purpose of granting emergency power. WON there is a declaration of a state of war, the president can declare war if indeed there is war. SEC 19 EXECUTIVE CLEMENCY 1. Pardon 2. Amnesty 3. Reprieve 4. Commutations 5. Remittance of fines and forfeitures 1. GRANT OF PARDON

Usually this is granted to persons or accused who are charged with ordinary offenses whether criminal or administrative in nature. It can only be granted when the judgment of conviction has become final and executory. What will be effect of granted? He will be relieved of further punishment. Meaning, if convicted and the judgment of conviction has become final and executory, even if he has served it already, still he can be granted pardon because that will relieve him of further punishment. So he need not serve his remaining years if there is still a number of years that he has to serve as part of his sentence. KINDS OF PARDON The moment he is granted pardon, it could either be absolute or conditional. ABSOLUTE - WON it will be accepted by the pardonee, it doesnt matter. CONDITIONAL - requires the consent of the pardonee because it can be more burdensome on his part. GRANT IN ADMINISTRATIVE CASES What is the effect of grant of pardon in administrative cases? Would it reinstate him? That depends on the nature of pardon that may be granted by the president. The president has to specify that it is including his reinstatement in office. EFFECT ON FULLY SERVED SENTENCE This may also be served to persons who have fully served his sentence because there are some cases where you have conviction for more than 2 years of imprisonment or when you are dismissed from the service. There are accessory penalties included in the penalty or sentence. Like the forfeiture of your: Right to vote; Parental authority over children; Administration over conjugal property; Right to run for public office. If it is absolute pardon and you have already served your term of imprisonment, it is still relevant. LIMITATIONS ON THE GRANT OF PARDON 1. Cannot be granted to those who were impeached 2. Not apply to employees of the judiciary including the judges -because the discipline of judges and employees of the judiciary are exclusive to the SC. 3. Not granted to persons convicted of election offenses -unless there is favorable recommendation from the Comelec 4. not granted to one who is cited for contempt in a legislative inquiry 5. not granted to one who is cited for contempt in civil cases and court proceedings In pardon granted by the president, without concurrence of congress, that is final and executory, not subject to review non appealable. That is discretionary in the president. The moment it is granted, it cannot be appealed unless there is a grave abuse of discretion. 2. GRANT OF AMNESTY It is a pardon granted by the president however with the concurrence of the majority of the members of congress. Without the concurrence of congress, the president cannot grant amnesty. This is relevant to the amnesty granted to the mutineers including Trillanes. Usually this is granted to a group of individuals or individual belonging to a group charged with political offenses. And this can only be granted with the concurrence of congress. TN this can be granted before or after conviction. IOW before he is tried in court, the president can grant him amnesty. Unlike in pardon, it can only be granted by the president when the judgment of conviction becomes final and executory. Case: Estrada What was granted to Estrada was not amnesty. It was pardon. Thats why he had to withdraw his motion for reconsideration to make the judgment final and executory to qualify him to pardon. Case: Capuna jr vs CA AMNESTY GRANTED TO MUTINERS - This was during the time of Ramos, the grant of amnesty to those people who staged a coup d etat including Honasan. This is about Proclamation no 347 that was issued by Ramos. This is supposed to be granted to former NPAs, the rebels. So they were asking if it would apply to the rebel military as well in the grant of amnesty. SC says that the effects of Proclamation 347 issued by Ramos cover the members of AFP. It extends to all persons who committed the particular acts described in the provision and not just rebels or insurgents. CONDITION OF AMNESTY You cannot be granted amnesty unless you ask for forgiveness. Because this is an act of mercy to someone who had faulted the state. So why should the state grant you pardon if you do not ask for it. You have to admit your guilt in order to be granted amnesty. Its a risk actually because what if it is disapproved by congress? It is like pleading guilty as charged. If DENIED - the court will do is to impose the penalty. 3. GRANT OF REPRIEVE It is a matter of postponing the execution of death penalty to another day or the execution of his sentence.

Case: Echegaray It was the SC who issued the injunction to suspend the execution of death penalty of Echegaray. They were questioning SC because the power of reprieve is vested only in the president. The justification of SC that they are never precluded from looking in to the case again especially when it is the life of the person that is at stake. Just because the judgment has become final and executory, they are not deprived of control over the judgment. They have the duty to protect the fundamental rights of an individual, as emphasized in a law particularly section 15 regarding the rules for the protection of fundamental rights of individuals. If in fact there is a pending bill repealing the death penalty, what will be the effect? It will be applied retroactively because it is beneficial to the accused. His penalty will be commuted from death to life imprisonment. GRANT OF COMMUTATION It is the REDUCTION OF PENALTY to a degree lower depending on the circumstances. That is the prerogative of the president. GRANT OF CANCELLATION OF FINES AND FORFEITURES POWERS TO CONTRACT AND GUARANTY FOREIGN LOANS This is entered by the president by way of a treaty. But it does NOT require the concurrence of the senate. But requires the CONCURRENCE OF MONETARY BOARD. Subject to the limitations as provided by law. Of course MB has to submit to congress these treaties relating to the loans contracted. SECTION 21. No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the Members of the Senate. NEGOTIATION POWERS OF THE PRESIDENT You have the powers to negotiate treaties and other international agreements. Such treaties and agreements must pass the senate for: 1. concurrence of 2/3 votes, or 2. may be disapproved outright or 3. be approved conditionally subject to the conditions made by the senate so the president can renegotiate it Case: Pimentel vs Executive Secretary Who has the sole power to ratify the treaty? The sole power is vested upon the president. However to bind the public, it is subject to the concurrence of the senate. The role of the senate is limited to giving or withholding its consent or concurrence to the ratification. Hence it is within the authority of the president to refuse to submit the treaty to the senate or having its consent or ratification, refuse to ratify it. Although the refusal of the state to ratify a treaty which has been signed in its behalf is serious detriment, it should not be taken lightly. Such decision is within the competence of the president alone which cannot be encroached by the court via a writ of mandamus. The SC has no jurisdiction over actions seeking to enjoin the president in the performance of official duties. The court therefore cannot issue a writ of mandamus prayed for by the petitioners as it is beyond the jurisdiction to control the executive function of the government to transmit the signed text of Rome statute to the senate. PROCESS OF TREATY MAKING There is the negotiation by the president. Then they would sign initially. Thereafter, through the DFA, that treaty will be submitted to the senate for review. The senate could either: 1. disapprove it outright; or 2. concur with it or recommend some changes before they concur it What will happen if the senate will recommend changes before their concurrence? They will renegotiate. HOW TO BIND THE REPUBLIC Even if the president has signed it but the senate does not concur, it does not bind us. Even if the senate has concurred, but the president it does not ratify it, still it does not bind us. Remember, concurrence is exclusive to the president, however to make the treaty effective and bind the Philippines, it has to be with the 2/3 votes of the senate. Case: Akbayan vs Aquino The treaty negotiation is primarily confidential. Case: Bayan vs Zamora In the case of VFA, it is inconsequential whether the US to treats it as an executive agreement because under the international law, an executive agreement is as binding as a treaty. In the field of negotiation, the senate cannot intrude and congress is powerless. REQUIREMENT OF CONCURRENCE Applies only to treaties and international agreements. Executive agreement, they cannot interfere, that is exclusive to the president.

TREATY AND INTERNATIONAL AGREEMENT VS EXECUTIVE AGREEMENT T/IA: it is political in nature, it affects the whole country EA: it is only providing for details. It is not permanent. It is for time to time negotiation. So NO need to be concurred by the senate. ACCEPTANCE OF AMBASSADORS, CONSULS, ETC This is discretionary of the president. DEPORTATION OF THE ALIENS Deportation of the aliens is not provided in the constitution but it is part of its residual power. CLASSIFICATION AND SALE OF PUBLIC LANDS The classification of public lands and to sell the same, belongs to the president. Only lands that is classified as alienable may be sold. There must be a law authorizing its sale or alienation. Case: SRP They are saying that there has to be with the consent of congress if that is acquired by the LGU in its proprietary capacity. Its not a lot belonging to the Republic of the Philippines. Because when you sell it, there has to be a declaration that it is disposable and alienable. It must be with the consent of congress. So the president may not convey or sell real property of the government on her sole will. He must be authorized by law through congress. Remember that property in Japan, Rapongi property. If it is a property owned by the state in its sovereign capacity, it has to be with the consent of congress. ARTICLE VIII. JUDICIAL DEPARTMENT SECTION 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to a. settle actual controversies involving rights which are legally demandable and enforceable; and to b. Determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. JUDICIAL POWER 1. Settling disputes 2. Judicial review We will know what judicial power is. Because in 1987 constitution, there has been an EXPANDED JURISDICTION of the courts including the lower courts. Not only that the function is to settle disputes justiciable in nature, involving rights which are demandable and enforceable; meaning his rights have been violated and you are seeking redress in the courtsBecause the 1973 Constitution, the definition of Judicial power is limited only to settling disputes, this time, it includes the determination whether there has been a grave abuse of discretion amounting to lack or in excess of jurisdiction. This is what we call the JUDICIAL REVIEW POWER OF THE COURTS, also known as the EXPANDED JURISDICTION OF THE COURTS or the POWER OF JUDICIAL INQUIRY. 1. SETTLING DISPUTES TN as regards to the matter of settling disputes, it only involves justiciable questions, and one is asking for reliefs or redress of the violation of his rights. So there has to be an applicable law such as statutes or the constitution as basis for the settling of disputes. 2. JUDICIAL REVIEW GR: Laws passed by congress and policies made by the executive branch cannot be reviewed by the courts because it might violate the separation of power. So on issues of policies and wisdom, TN, that should be answered by the people on their sovereign capacity which capacity has been delegated the full discretionary power to the president who makes the policies or to congress who makes the rules. So as a GR, it should not be interfered with OW there may be a violation of the separation of powers. EX: Its only when this discretion is abused amounting to lack or in excess of jurisdiction that the courts may look into in order to comply with its mandate under the constitution to make sure that whatever laws that may be passed or policies of the government may formulate, must be in accordance of law. This is not an assertion of the superiority of the courts, rather the supremacy of the constitution. Case: Angara vs Electoral Commission Case: Marcos vs Manlapus Because of this requirement, TN as a GR, only JUSTICIABLE QUESTION ripe for judicial adjudication, that may be the subject of a judicial inquiry as a GR. However, POLITICAL QUESTIONS may be look into if there is allegation of abuse of discretion. POLITICAL QUESTIONS

GR: The court cannot look into them because its a matter of questions of policies or issues of wisdom and thus it cannot be looked into as a GR. EX: Only when there is allegation of abuse of discretion that it may be looked into by the courts. REQUISITES OF JUDICIAL REVIEW The courts must make sure that the requisites of a judicial review must be present. 1. actual case or controversy 2. raised by the proper party 3. raised at the earliest opportunity of time 4. lis mota of the case (the main case cannot be decided without resolving the issue on constitutionality) 1. ACTUAL CASE OR CONTROVERSY If it is an actual case, meaning it must be existing. Ripe for judicial determination or adjudication. Meaning, it should not be premature, and it should not be also moot and academic. And it should not be simply asking of a hypothetical question or an advisory opinion. So if it is premature, then the case may be dismissed outright by the court for there is no conflict yet, no contrariety of rights involved. Nobody is aggrieved. MOOT AND ACADEMIC PRINCIPLE - As a GR when the issue becomes stale, because either it has already been granted or the matter is academic because it is overtaken by events. Example, when somebody was questioning the validity of the declaration of state of emergency, but later it was lifted, the issue was raised in the SC. There is no more national emergency because it was already lifted by the president. So the issue may become moot and academic already because it is no longer existing or the case is still pending before the courts for its determination. But according to SC, it should not be a mathematical formula to dismiss the case because it has already become moot and academic. Case: David et al. vs Executive Secretary Exercise of JUDICIAL REVIEW despite being MOOT AND ACADEMIC- The SC proceeded in determining the issue on constitutionality because the issue raised is of transcendental importance or on paramount public interest. SC said, the MOOT AND ACADEMIC PRINCIPLE, it is not a magical formula that can automatically dismay the courts in resolving a case. Courts will decide cases OW moot and academic if: 1. there is grave violation of the constitution 2. the exceptional character of the situation and the paramount public interest is involved 3. constitutional issues raised requires formulation of controlling principles to guide the bench and the bar and the public 4. the case is capable of repetition yet evading review. IOW there is still a possibility that this may crop up again in the future. At least there are specific guidelines to judges, lawyers and public on how to deal with it. In which case, even if the issue has become moot and academic, the court may still entertain the question of constitutionality in order to: 1. provide for guidelines; 2. educate the bench and the bar DECLARATORY RELIEF On the matter of declaratory relief, where you have to declare the rights and obligations of the parties under the contract; although there is no conflict yet, may the court review the contract on its validity based on the constitutional provision or an existing statute? Even if no rights yet that are involved that are in conflict, but it may happen that if it is not interpreted, then there may be cases that would be cases that would be filed in court? Is this hypothetical or only asking for advisory opinion? Example. A claim by two claimants and there are different laws as basis. However, there is a question on the constitutionality of the laws based as basis for the claims over the deposit. The bank is not involved in the conflict of these two claimants. But certainly, if the bank will award any of the claims of either party, the bank will be sued by either one who is aggrieved by the decision of the bank. So the bank has to be sure that if they are going to award the account to a particular claimant on the basis of a law, the law that they applied must be constitutional. Can they go to court and seek the court to decide WON the law that was used as basis as constitutional? YES. A PETITION FOR DECLARATORY RELEIF according to SC is an actual case or controversy.

2. RAISED BY THE PROPER PARTY


DIRECT INJURY TEST OR PRINCIPLE - What we follow in this jurisdiction is direct injury test or principle. One has to be the person who has personal and substantial interest in the outcome of the case, stands to be injured if the case is to be decided against him or benefited if decided in his favor. PROPER PARTY one who has sustained injury or is imminent danger of sustaining injury. Therefore, injury could either be actual or potential. Specifically, who are considered proper party to question the validity of the law? a. ordinary citizen -if he is injured by the application of the law complained of b. taxpayer -if the law :

1. involves disbursement of pubic funds contrary to law 2. is anomalous 3. involves imposition of tax that is unreasonable or excessive c. congress - if it encroaches with the legislative imperatives
d. minor children Case: Oposa vs Factoram The right is potential only. Because it is imminent that if there will be no regulation in the grant of logging concession, eventually you will be destroying the land and forest. So what patrimony will these children inherit if they are all destroyed? So they are considered proper party under the PRINCIPLE OF INTEGENARTIONAL RESPONSIBILITY to preserve our timberland because of the public right of the people to a healthful and balanced ecology. Case: del Pilaan vs Ramos As to the extent of this right, this is not the actionable right in civil law. A case may be dismissed for lack of cause of action, because the person who filed the case has no actionable right. That is not the kind of actionable right that has been referred to here as the proper party. It only refers to LOCUS STANDI that may affect public right.

e. Voter -only when it involves: 1. right to vote; 2. election laws


TRANSCENDENTAL IMPORTANCE - Is it a necessary requisite before the courts to consider before it will take cognizance that may be complaint that may be filed relating to questions of constitutionality of any law or acts of the president? NO. There is a exception to this: when the issue involved is of transcendental importance or of paramount public interest, if not constitutional significance, the court may set aside the requisite of proper party as a mere procedural technicality and may proceed in assuming jurisdiction and take cognizance over the petition only to resolve that issue. In many cases, even if the party concerning may not be directly affected by it, but it is not pervasive, if it is not resolved, the court may still look into the matter. Again, you go into the transcendental importance in the matter of determining whether a person is a proper party. Case: Kilosbayan vs Ermita The SC took cognizance over the petition of Kilosbayan questioning the qualifications of the appointment of the justice in SC. They wanted to stop the issuance of the appointment of Ong of the Sandigan Bayan to SC because they suspected he is not a natural born citizen. Sandigan Bayan, in the event that he is disqualifies cannot assume his appointment. In civil law, they cannot be the proper party. Sc said, considering that the matter involves a constitutional significance, SC may look into the matter. So this case is a matter of primordial importance according to the SC because it involves compliance to the constitutional mandate, specially on the qualification of the member of SC where its importance is utmost and far reaching, particularly qualification, without the citizenship of the person to be appointed to be a member of this court. 3. RAISED AT THE EARLIEST OPPORTUNITY OF TIME If it is not stated in the pleadings, at least during the trial, one cannot be able to raise the issue on constitutionality for the first time on appeal. EXCEPTIONS: Where it can be raised even for the first time on appeal: a. in a criminal case, when it involves constitutionality of a law as basis in the conviction of the accused b. when the issue is jurisdiction -because if theres no jurisdiction, the proceedings is void, judgment is void as well c. in civil cases, only when it is unavoidable that they have first to resolve the issue on constitutionality before they resolving the main case itself to grant or deny the reliefs of court. 4. LIS MOTA OF THE CASE The main case cannot be decided without resolving the issue on constitutionality -meaning if there are other ways to resolve the case without touching the constitutionality of the law, then the courts should avail of the other grounds to not violate separation of powers, and thereby accord respect to co-equal branches of government such that of congress or president. It is only when it is unavoidable that first, it has to resolve the constitutionality of the law in question before the courts can resolve the issue. So grounds like: lack of jurisdiction; issue of estoppel; lack of prerequisite. So the case can be disposed of by those grounds. EFFECTS WHEN COURT DECLARES A LAW UNCONSTITUTIONAL 1. TRADITIONAL VIEW - It is void from the very conception of the law. It is as if the law never existed. It confers no rights, it poses no obligations, it creates no office and it affords no protection. It will be as if that law has never been passed. 2. MODERN VIEW - In this jurisdiction, we follow the modern view. This is what we call the OPERATIVE FACT DOCTRINE. You cannot simply ignore that once upon a time, that law existed and has created certain rights, imposes certain obligations; and this cannot be ignored because you might prejudice substantial rights. In modern view, they

are only considered as voidable; valid until, they are declared a nullity. Therefore, before declared a nullity, you have to recognize the operative fact as to its existence before it is declared a nullity, the consequences and the effects of that law. If it has created rights, then these rights must be respected. Case: Agbayani vs PNP Case: Flores In this jurisdiction, until it is declared as a nullity, it is applied and we have to respect the consequences and the effects of that law. But the moment it is declared unconstitutional, there will be no compromise. It imposes no obligations, confers no rights, affords no protection, creates no office. It is as if it was never passed since the time it was declared a nullity. LOWER COURTS VESTED JUDICIAL REVIEW POWER This judicial review power is not exclusive to the SC. This is also exercised by the lower courts. What are these courts vested with judicial review power? 1. SC and 2. such other courts that are created by statutes: a. intermediate appellate courts i. court of appeals ii. sandigan bayan iii. court of tax appeals b. lower courts I. first level RTC II. second level MTC They exercise judicial review because in sec 1, it says judicial power is vested in SC and such other courts established by law. So when judicial power is defined as not just settling disputes but as well as determining abuse of discretion, then it is understood that the power is likewise by the lower courts. You also have the provisions of sec 5 art 8, under the appellate jurisdiction of SC what will the SC review on the constitutionality if in the first place the lower courts do not exercise judicial review? So you have: 1. sec 1, art 8; and 2. sec 5, art 8. JUDGMENT OF LOWER COURTS BINDS PARTIES OF THE CASE ONLY The only difference is that the declaration of nullity by lower courts may not be final or binding. Because even if the order is already final, it is not jurisprudential. It cannot be used to guide the judges and the lawyers as well as the public as to the constitutionality of the law. It is when only it is declared with finality by SC that the issue on constitutionality is resolved or settled. So even if RTC declares an ordinance unconstitutional, and even if the judgment becomes final, that cannot be used as basis no to apply anymore the ordinance because that binds only the parties with respect to that case. It may be repeated. And then finally it reaches the SC. Only the SC can say with finality WON the ordinance or any law for that matter is in consonance with the constitution. GUARANTIES OF THE INDEPENDENCE OF SC What are the guaranties of the independence of SC? What are the factors that safeguard the independence of the judiciary particularly of SC? 1. SC is a constitutional court It cannot be abolished by congress. Even if congress and the president dislikes the chief justice of the SC, they cannot conspire in order to abolish the SC because it created by the constitution and they can only be abolished by the constitution. 2. the justices of SC are removable only through impeachment You cannot sue them for civil cases, for damages in criminal cases, for offense. Relatively they have some kind of immunity. The cannot be charged for disbarment. Because this will circumvent the law on their removal. If they are not impeached, for how long will they stay in the judiciary? All judges and justices of the SC stay in office until they reach the age of 70, unless they are dismissed from the service if they become insane or permanently disabled or have resigned. The mandatory retirement age for civil service is 65. But the justices and judges of the courts are given the option to retire at 60 for as long as they have been in service for 15 years and 5 years in the judiciary. And when they retire they continue to receive the last salary they have received including allowances. And if they die, the spouses will receive the salaries of the judges. 3. purely judicial function They are prohibited from exercising quasi judicial or administrative functions. There are exceptions to this: a. some members of SC are also members of the electoral tribunal (quasi judicial) b. chief justice of SC chairs the JBC (administrative) But as a GR, to avoid violation of separation of powers or encroaching into each others powers, thats the prohibition againstThe appointment for example of a justice of the SC to become a cabinet secretary to advice the president on judicial matters, that is prohibited.

4. appointment of personnel is vested in the SC

a. Appointed by SC -The personnel of the courts from the janitor to the clerks of courts (except the
judges) are appointed by the SC en banc in accordance with the civil service law. This is exclusive to the SC to maintain independence of the SC. If you have any complaints against the court personnel or judge or justice, you do not file it with the office of the president or with the office of the ombudsman. You file it directly with the SC. Because in the manner of disciplining court personnel and judges, that is exclusive to the SC. Can they be dismissed by the president? NO. Can they be disciplined by the ombudsman? NO. b. not subject to the confirmation of the CoA - Another point on respect to the guaranty of its independence, this is with respect to their appointments. They are not subject to the confirmation of the CoA. However, they are screened by the JBC and the appointment by the president is limited only by the list submitted by the JBC. And for every vacancy, there should be at least 3 nominees. However the president, although appoints the judges and justices, cannot remove them from office. Judges can only be removed by SC. Justices of the SC can be removed only through impeachment.

c. REQUIREMENT OF FILING CRIMINAL CASE IN OFFICE OF

OMBUDSMAN AGAINST COURT PERSONNEL - Should you file a case in the office of the ombudsman, with respect to the criminal aspect of the compliant;

Case: Maceda vs Ombudsman SC has emphasized that still, it should be first referred to the office of the SC to take cognizance over the complaint and only when the SC makes a recommendation of an indictment, the conduct of the preliminary investigation, the criminal aspect that the ombudsman may take over the investigation.

5. fiscal autonomy Budget of SC With respect to their budget, even if congress dislikes the SC, they cannot decrease the budget of SC, OW, it is unconstitutional. Automatically, the last budget of the SC will be revived without deduction. The issue on the budget of the SC on this year is not the reduction of the budget but on the proposed increase that was reduced, from 2b to 800m. The point here is, they have fiscal autonomy. Their budget cannot be reduced. 6. increase of appellate jurisdiction Jurisdiction of SC is both original and appellate. They are provided in the constitution. Can the original jurisdiction provided by constitution be reduced by legislation? NO but it can be increased by legislation. They cannot divest but can be increased, even without the consent of SC. Increase by legislation the appellate jurisdiction, can that be done? NO unless it is with advise or concurrence by SC. 7. Rules on pleadings and procedure in court How about the lower courts? Who determines the jurisdiction of the lower courts? They are created by law. But TN, under the rules of court, their jurisdiction, under sec 15, on the rule making power of SC, who promulgates rules governing pleading and procedure in courts which must be uniform? Exclusive to the SC. So they can only be the one to amend the rules of court. 8. Detaining judges - In the matter of detaining judges temporarily, who does that? Only the
SC. QUALIFICATIONS OF MEMBERS OF SC (JUSTICES) 1. at least 40 years old 2. with experience in the practice of law or as judge for 15 years 3. natural born citizen 4. proven competence, integrity, probity and independence JURISDICTION LOWER COURTS - Insofar as jurisdiction of the lower courts, these are determined by congress. You have the rules of court governing jurisdiction of the rules of court, which rules of court are subject to changes or amendments by the SC as part of its rule making power, or promulgating rules governing procedure and pleadings. SUPREME COURT - Insofar as the SC OTOH, we have provisions in the constitution defining its original as well as appellate jurisdiction. ORIGINAL JURISDICTION OF SC 1. cases against foreign ambassadors stationed in the Philippines and consuls and other public ministers -concurrent with CA and RTC

2. petitions for certiorari, mandamus, prohibition, quo warranto and habeas corpus
CANNOT BE REDUCED The original jurisdiction of the SC cannot be reduced. SC cannot be divested of that jurisdiction. CAN BE INCREASED Can it be increased without the consent or the concurrence of the SC? YES. APPELLATE JURISDICTION OF SC Basically you have two: 1. petition for review 2. petition for certiorari What are the cases that are heard by the SC in its appellate jurisdiction? 1. all cases involving the constitutionality of treaty, international agreement or executive agreement or law 2. constitutionality insofar as application or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations 3. tax imposts, assessment or any other penalties imposed in relation thereto 4. all cases in which the jurisdiction of any lower court is an issue 5. criminal cases where the penalty imposed is reclusion perpetua or higher 6. cases where only errors or questions of law are involved CANNOT BE REDUCED - Can SC be divested of its appellate jurisdiction? NO. It is part of the guaranty of his independence. CANNOT BE INCREASED NO - If it is without the advice or the concurrence of the SC. Case: Fabian vs Disierto With respect to RA 6770 when the law provides that the decisions of the ombudsman in the criminal cases are reviewable only by the SC; on purely questions of law or abuse of discretion amounting to lack or in excess of jurisdiction. SC said, that law increasing the appellate jurisdiction of the had NO prior concurrence or advise of the SC and thus the provision was declared unconstitutional. TEMPORARY ASSIGNMENT OF LOWER COURT JUDGES TO OTHER STATION Less than six months - It need not be with the consent of the judge if the assignment is. More than 6 months - it should be with the consent of the judge concerned. Case: People vs Sola (CHANGE OF VENUE OR PLACE OF TRIAL TO AVOID THE MISCARRIAGE OF JUSTICE) In case of doubt whether it can be changed, it has to be resolved in favor of the change of venue in order to prevent the miscarriage of justice. POWER TO PROMULGATE RULES Sec 15. SUBJECT MATTERS WHICH CAN BE BASIS FOR PROMULGATING RULES: 1. Protection and enforcement of constitutional rights 2. rules governing pleading, practice and procedure of all courts 3. addition to the practice of law 4. rules governing the integrated bar of the Philippines 5. rules governing the legal assistance of the under privileged WRITS ISSUED BY SC IN CONNECTION WITH RULE MAKING POWER 1. writ of habeas data 2. writ of amparo 3. writ of kalikasan Insofar as their issuances, they are justified under the rule making power of the SC. Does this mean that insofar as amending the rules of the SC, that is exclusive to SC to do so? No. While it is true that insofar as the power to amend the rules is vested in the SC under its rule making power, however you take note of the case of: Case: Gingoon vs Republic Where the law was passed that determines just compensation in expropriation cases involving national infrastructures which in effect amended the rules of court on the matter of determination of just compensation. Because while rule 67 of the rules of court provides that all that is needed for the writ of possession to be issued is 10% of the estimated value based on assessed value of the municipal assessor, TN that on RA 8974 on national infrastructure (requires full payment), just compensation in expropriation cases where SC said that that will NOT preclude however the power of congress to pass any law including amending the rules of court considering that the legislative power vested in congress is plenary. The

silence of the constitution, the subject can only be interpreted as meaning there is no intention to diminish that plenary power. RA 8974, which require full payment before the state may exercise proprietary rights, contrary to rule 67 which require only a deposit was recognized by the SC. AUTOMATIC APPEAL TO SC (LI, RP to death penalty) NOW PASSES TO CA On the matter on appeals on judgment of conviction where the penalty is reclusion perpetua supposedly it is only exclusive to SC where you file an appeal by filing a notice of appeal because it is not automatic. It is only when the penalty is death when appeal is automatic even if accused does not file a notice of appeal. TN that under the new rules of the office of the SC, as it was enunciated n the case of People vs Mateo, the appeal should first pass to the CA before it goes to the SC. Case: People vs Mateo The SC said, the fundamental law requires mandatory review by SC of cases where the penalty perpetua, life imprisonment or death, nowhere has it been prohibited an intermediate review. SC deems it wise and compelling to provide in these cases a review by the CA before the case is elevated in the CA. Justification - procedural first and foremost falls more squarely within the rules making prerogative of the SC than the law making power of congress. The rule allowing the CA, a subordinate appellate court before the case is elevated to the SC for automatic review is such a procedural matter. LIMITATIONS ON RULE MAKING POWER OF SC - TN on the limitation of the rule making power of SC, it should be: 1. simplified and inexpensive procedure for the speedy disposition of cases 2. uniform for all courts of the same grade 3. not diminish, increase or modify substantive rights (rearranged) VOTES How many votes required arriving at a decision OW the appeal is dismissed? Division of 7 - At least 4. 6 - At least 4. 5 -At least 3. 4 -At least 3. 3 - No more quorum. Division of 5 -At least 3. 4 - At least 3. If there are 3 -A unanimous 3. If it is a division of 3, how many votes are needed? A unanimous 3. IOW it will be not less than 3 in all divisions. If it is not obtained, then in which case, it will be held by SC sitting en banc. EN BANC v IN DIVISION -What are the cases to be decided by SC sitting en banc and in division? GR: because there are many cases appealed to the SC, they decide cases in division of 3, 5 and 7. EX: These are the cases that are not covered by cases to be heard only by SC en banc. 1. all cases involving constitutionality of treaty, international agreement, executive agreement or law 2. all cases to be heard en banc under the rules of court 3. Appeals from Sandiganbayan & Constitutional Commission Notes: SB is directly to the SC because it is co-equal to CA. Civil Service Commission - must first pass through the CA, by the circular of the SC before it goes to mandatory review of SC. Comelec, only decisions of Comelec en banc can appealed to the SC. Thus as a condition precedent to an appeal to be taken cognizance by the SC on decisions of the Comelec, a motion for reconsideration must be first filed or resolved by the Comelec en banc. COA, it is directly appealable to SC purely on questions of law or on allegations of abuse of discretion amounting to lack or in excess of jurisdiction. IOW only through a petition for certiorari.

4. Cases involving the constitutionality of application or operation of PDs, proclamation, 5. Cases where SC modifies or reverses a doctrine or a principle laid down by SC either sitting
en banc or in division. Note: That can only be done by SC sitting en banc. If there is already a principle established in the case by the SC sitting in division; if you are to reverse that decision, you file a motion for reconsideration in the SC sitting en banc because only SC en banc can reverse a decision that establish the principle either by SC sitting en banc or in division. 6. administrative cases to discipline or dismiss judges of lower courts orders, instructions, ordinances and other regulations.

7. election contest for the president and VP PERIOD - court should decide cases for a period of: 1. SC: 24 months 2. IAC: 12 months 3. Lower courts: 3 months BOTH MANDATORY AND DIRECTORY All from the time the case is deemed submitted for decision or resolution. TN that in the requirement, is it mandatory is directory? It is DIRECTORY because even if judgment is rendered after the prescribed period, judgment is still valid. It is MANDATORY in a sense, especially for lower courts because if they fail to comply or follow the prescribed period, that would be subject to a disciplinary action against a judge. AS TO FORM AND MANNER TN of the requirement, under sec 14, it must state the past and applicable law and jurisprudence. EXCEPTIONS - What is important in sec 14 are the exceptions. Insofar the SC dismissing a petition for review or certiorari by the mere statement for lack of merit, the decision is dismissed. Does this violate section 14? Case: Comacho vs CA; Case: German Machineries Inc. vs Indaya; Case: Solid Homes vs Lacerna; Case: Aregado vs Yama Where the SC stressed that SC has discretion to decide whether a minute resolution should be used in lieu of a full blown decision in any particular case. Further, SC explained that the grant of due course to a petition for review is not a matter of right but of some judicial discretion. While if forced to find any reversible error committed by CA, there is no need to fully explain the courts denial as it means that the SC agrees with or adopts the findings and conclusions of the CA. There is no point in reproducing or restating in the resolution of the denial the conclusions of the appellate court affirmed. The constitutional requirement of sec 14 art 8 of a clear presentation of facts and laws applies to decisions where the petition is given due course but NOT where the petition is denied due course with the resolution stating the legal basis for the dismissal. IOW if the SC denies a petition for review, the SC need not explain that. But the moment the SC gives due course to the petition, even if the SC ultimately will dismiss the petition, still SC has to comply with sec 14. Case: Oil and National Gas Commission On memorandum decision, is that acceptable? YES. SC said, sec 14 does not preclude the validity of memorandum decision where the SC makes only a referral of the decision already made by the lower court which the by the reference, the findings of facts and conclusions of law contained in the decisions of inferior tribunal. It is intended to avoid cumbersome reproduction of the decision or portions of the lower court. Also you must learn the definition of the term: Obiter dictum v Pro hac vice PRO HAC VICE - This was used in the case of Ampatuan as regards to the matter of having the proceedings of the case broadcast. It is only applicable with respect to this specific case and may NOT be used as a precedent. Thats a pro hac vice decision. CONSTITUTIONAL COMMISSIONS Civil Service Commission is the central personnel agency. COMELEC will guaranty a clean and honest and orderly election. COA is the watchdog of Philippine funds and expenditure.

1. 2. 3.

SAFEGUARDS TO GUARRANTY INDEPENDENCE 1. Created by the constitution and therefore, they cannot be amended abolished by statute - Each is expressly described as an independent body. It is conferred with powers and functions which cannot be reduced by statutes. 2. Members and chairman are removable only through impeachment 3. Term of office is 7 years 4. Cannot be appointed in acting capacity, permanent appointment, including ad interim appointment 5. Salaries cannot be increased during the continuance of office 6. Enjoy fiscal autonomy 7. may promulgate own rules PVDD that they will not diminish, increase or modify substantive rights. 8. Appointment of own personnel - In accordance with the Civil Service law.

In the disqualification of Constitutional Commissioners, the thing that you should TN is the matter that they should NOT be a candidate of election immediately preceding the appointment. (!!!!!) SALARIES PROCEDURE QUALIFICATION PROCEDURE RELATING TO APPEALS CIVIL SERVICE COMMISSION SCOPE Branches, subdivisions, instrumentalities, agencies of the Government, GOCCs with original charters, GOCCs created by special laws. GOCCS - Only those created by special law and those with original charters are under the CS. As to ordinary GOCC, they are governed by the corporation code. And in which case, they are not within the jurisdiction of the Civil service law INSTRUMENTALITY VS AGENCY Case: Liberisa vs IAC AGENCY of the government refers to the various units of the government, including a department, bureau, office, and instrumentality of government, GOCC, local government or any distinct unit therein, usually exercising governmental functions. INSTRUMENTALITY refers to agency of the national government not integrated with the department framework vested with special functions or jurisdiction by law, with some if not all corporate powers administering special funds and enjoying operational autonomy, usually through a charter. This includes regulatory agencies, institutes of the government or controlled corporation. WATER DISTRICTS - How about water districts? Are they under CS? YES, it is governed with an original charter. If one is employed under the GOCC whether a regular or not, the CS law applies. It is not true however with respect to money claims that labor code applies. STATE UNIVERSITIES - How about the state universities? Are they under the civil service? So that if there is any complaint, you should file it with the civil service or the board of trustees that elected the president of a state university or college? Case: CSC vs Sohor, May 22, 2008 - SC said that a state university with a fixed term of office appointed by the governing board of trustees of the university is non carrier civil service officer. Appointed by the chairman and members of the governing board of CVPC, it is a non carrier under the jurisdiction of the civl service commission. Because state universities are governed by special laws or chartered by special laws. The president is non carrier within the jurisdiction o f the civil service. CLASSIFICATIONS OF THE POSITION OF THE CIVL SERVICE 1. carrier 2. non carrier C: is based on competitive examination. eligibility based on examinations. there are qualifications prescribed by law. NC: is usually entrance based on other than the usual test of merit and fitness -could be by election C: enjoys security of tenure NC: could be limited by the term prescribed by law could be coterminous to the appointing authority could be limited to the duration of the project for which he is employed or appointed to C: with opportunity of advancement NC: no opportunity of advancement no promotion SECURITY OF TENURE Who enjoys the security of tenure assuming that he is a carrier? Especially for the requirement of executive civil service eligibility that is now an issue Remember that after the change of administration, some directors are to be replaced? Although they are civil service eligible but it is not eligibility that is required of the position. What is the requirement of an executive position? You have to have an executive civil service eligibility like CESO Carrier Executive Eligibility. OW even if you are a first grade professional, civil service eligibility holder, that is not the kind of eligibility that is

required of the position, you can still be removed. You dont enjoy the security of tenure. Let me explain the extent of the enjoyment of security of tenure. You have to have not only the prescribed qualification but as well as the required eligibility. For a regional director for example, what are the requirements of a bureau? Of course the qualifications needed for the position as required by law and secondly, the requisite eligibility for that position. Meaning, even if you have the qualifications, like for example, relating to the requirement that in order to acquire the position, you have to be an engineer. And you have to be a CES holder, Executive Eligibility. Even if you are an engineer but you dont have the eligibility, you dont enjoy security of tenure. You can be transferred any where else. Even if you have the civil service eligibility however not the required civil service eligibility, then you are disqualified. Or even if you have CESO, however you do not have the qualification, you still do not enjoy security of tenure. So that explains why many directors who have been holding the position for several years already, professionalized the position, they are still transferred or removed from office because these two must concur; the required qualification and the eligibility. Failure to apply for this requirement, one does not guaranty a security of tenure. But if you are a CESO, what will happen here? In case you do not have the qualifications? You may not get the position like for example, the position requires that you have to be a doctor. However you are only a nurse, but you have the eligibility of a CESO, do you enjoy security of tenure to the position? NO. Because of the lack of qualification. However your salary is not be diminished because you are a CESO. You dont enjoy security of tenure to the position. To give you concrete cases relating to this, I want you to read the following cases: Case: Alsocoso vs Macaraig SC said, permanent appointment can be issued only to a person who makes all the requirements for the position to which he is being appointed including the appropriate eligibility prescribed. The mere fact that position belongs to a carrier does not automatically confer security of tenure on its occupant even if it does not possess the required qualifications such right will have to depend on the nature of appointment which in turn depends on its eligibility or lack of it. What if for example, you are permanent appointee. You accepted an appointment that is CO-TERMINUS WITH THE APPOINTING AUTHORITY because the salary is higher. Do you enjoy security of tenure? NO. The moment you accept an appointment that is coterminus to the appointing authority, you waive your right against security of tenure. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 96 Of course those CONFIDENTIAL POSITION do not enjoy security of tenure. So then you have to know what are considered as confidential positions? These are primarily confidential. Case: Monticillo vs CSC SC said that the CS is expressly empowered by the

Administrative Code of 1987 to declare positions of CS primarily confidential, on 2 instances: 1. president declares the position as primarily confidential upon recommendation of CSC 2. whether the nature of function exists close intimacy between the appointee and the appointing authority which ensures freedom of intercourse without embarrassment or freedom from misgiving or los of personal trust or confidential matters. How about a pre legal officer? Is that primarily confidential? YES. How about a Casino Operations Manager? Not confidential. REMOVAL OF TEMPORARY EMPLOYEE Can you remove a temporary employee anytime? YES. With or without cause. But for those who enjoy security of tenure, they can only be removed for just or legal cause provided by law. But if your appointment is temporary, there is no such expectations because they do not enjoy security of tenure. NEXT IN RANK RULE The appointing authority is not bound by the next in rank rule. Still he is given a wide latitude in the choice of appointee. KINDS OF POSITIONS There are positions like 1. competitive positions 2. non competitive positions a. policy determining b. confidential c. highly technical SUSPENSION OF AN EMPLOYEE 1. preventive suspension 2. penalty REINSTATEMENT AND BACK SALARY Is he entitled to reinstatement and back salary if exonerated? In PREVENTIVE SUSPENSION, it is the temporary removal of an employee in an office while a case filed against him is pending. In the event the case is dismissed, is he entitled to backwages? If he is exonerated and reinstated to office? The rule is, NO WORK, NO PAY. If he did not render service, it is not automatic that he will be entitled to back wages unless: a. if there is a finding of abuse of discretion on the part of the disciplining committee, or b. if there is an order for the payment of backwages In SUSPENSION, is he titled to the payment of backwages when he is illegally dismissed? Case: Castillo vs CSC When the employee is illegally dismissed and his reinstatement is through order of the court, for all intents and purposes, he is considered as not having left his office, notwithstanding the silence of his decision, he is entitled the payment of backwages. Case: BOTC vs Cruz SC follows as precedent that BOTC did not effect Cruzs termination with bad faith. And consequently, no back wages can be awarded in his favor. So only when there is a finding of abuse of discretion or bad faith on the part of the authority that he be entitled to the payment of backwages. If the public official is ALREADY RETIRED, is he entitled to backwages and his retirement benefits? Case: David vs Ganas SC said, the CS officer has been found illegally dismissed or suspended is entitled to be reinstated and to backwages and other monetary benefits from the time of his illegal dismissal

or suspension and up to his reinstatement. And if at the time the decision of exoneration is promulgated, he is already of retirement age, he shall be entitled nit only to back wages but also to full retirement benefits. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 97 DOUBLE COMPENSATION This is prohibited. How about if he is retired and received pension and he is reemployed, will that be considered as double compensation? Case: Santos vs CA The rule on double compensation is not applicable to pension. A retiree receiving the pension of gratuity after retirement can continue to receive such pension or gratuity if he accepts another government position to which another compensation is attached. TERMINATION OF SERVICE WITH THE GOVERNMENT You have the Law on Public Officers. Case: Estrada vs Disierto As regards the form of resignation, it is not required that it is formal. But for purposes of avoiding any liability, the resignation has to accepted by the appointing authority. POWERS EXERCISED CSC exercises administrative function. But it also exercises quasi legislative and quasi judicial functions subject to review by the SC, however it must pass through the intermediate review. APPEAL BY CSC TO SC Can CS appeal the decisions of CA? Can it be an appellant of a CS case? Like for example, in case of Dacoycoy where CSC rendered a decision against a CS employee and he was dismissed from employment because of nepotism. Of course the employee appealed eh decision of the CSC to CA. Then CA reversed the CSC. Can CSC can appeal the decision of CA to SC? Yes. Because in that case the CSC was the aggrieved party. Appeal now lies from a decision exonerating CS employee of administrative charges. MAY ISSUE WRITS Can CS issue a writ of execution in order to implement its own judgment? YES. It is part of its quasi judicial function. COMMISSION ON ELECTION APPOINTMENT OF THE COMMISSIONERS PERMANENT, NOT SUBJECT TO REAPPOINTMENT Just like the rest of the officers of the constitutional commission, appointment must be permanent and not subject to reappointment. SUBJECT TO CONFIRMATION BY CoA The appointment is subject to confirmation by the CoA. When you say not subject to reappointment, that affects only to regular appointments which had been confirmed by CoA. (Matibag vs Benipayo) ISSUANCE OF WRITS IN AID OF ITS APPELLATE JURISDICTION As part of its quasi judicial function, COMELEC can issue 1. Certiorari 2. Prohibition 3. Mandamus But only in aid of its appellate jurisdiction CONTEMPT POWERS IN ADMINISTRATIVE AND QUASI JUDICIAL FUNCTIONS Do they exercise contempt powers? Yes. But only in exercise of administrative functions.

Case: Bidol vs Comelec, Dec 3, 2009 Bidol said he lost the election returns in the Maguindanao elections. Zubirri was elected as senator as a result. Bdol was cited for contempt because he did not appear anymore and did not bring the other election paraphernalia. He then appealed the contempt order to the SC saying that the order was issued by the Comelec in the exercise of its administrative function and therefore, the Comelec has no authority to cite him for contempt. It was not in the exercise of its quasi judicial function. Let me clarify. On the Commission of Human Rights, as you can recall, it has no contempt power neither the power to issue restraining powers because it is merely an investigating body except when it is exercising administrative function. Insofar as the Comelec OTOH, the contempt power is execised by the Comelec is the exercise of its quasi judicial function, not administrative. So here, SC sustained the Comelec. Because according to SC, when that order was issued by the Comelec, there was an investigation conducted on Bidol as regards to those election returns. In connection to the investigation, Bidol was ordered to produce all the necessary election returns and the certificates of canvass which however he failed to do so. And thus the contempt. So it was not purely an administrative function of the PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 98 Comelec when he was ordered but in connection with the case that was investigated by the Comelec. Therefore, the citation of contempt of Bidol was in accordance with law. As far as its quasi judicial function, the Comelec can cite for contempt. CANNOT CALL FOR ELECTIONS Can Comelec call for elections? Case: Sema vs Comelec. NO. That is an exclusive power of congress. JURISDICTION OVER CONFLICTS OF POLITICAL PARTIES Can the Comelec assume jurisdiction over conflicts of political parties? Case: LBP vs Comelec Case: LBP vs Atienza On the conflict of leadership in the political party, WON Gibon or Atienza is the President of LBP. Comelec assumed jurisdiction over that conflict. TN While the QUESTION OF PARTY LEADERSHIP has implication on the Comelecs performance of its functions, Comelec has jurisdiction to decide questions of leadership within a party and to ascertain its legitimate officers and leaders. The Comelec is endowed with ample, well defined and considerable latitude in adapting the means and methods that would ensure the accomplishment of the objectives of which it was created. But if it goes to the EXPULSION of a leader of a political party or a member from a political party, does the Comelec have jurisdiction over that dispute? Case: Atienza vs Comelec, Feb 16, 2010 This is on the expulsion of Atienza from LBP. TN SC said, while on the question of party leadership has implications on the Comelecs performance of its functions under sec 2 art 9 par c of the Constitution, the same cannot be said of the issue pertaining to Atienzas expulsion from the LC.

Such expulsion is for the moment an issue of party membership and discipline in which the Comelec cannot interfere given the limited scope of its power over political parties. PROMULGATION OF RULES IN THE CONDUCT OF ELECTION The promulgation of rules in the conduct of election is within the powers of the Comelec. Case: Limkaichong vs Comelec The resolution issued by the Comelec, where the Comelec declares that notwithstanding the pendency of the disqualification case against the candidate, if elected, he should be proclaimed without prejudice to the continuation of the proceedings in the proper forum. In this case, resolution number 8062, according to SC is a valid exercise of Comelecs constitutionally mandated power to promulgate its own rules or procedure relative to the conduct of elections. In adopting such policy guidelines for the May 14, 2007 National and Local Elections, the Comelec had in mind the objective of upholding the sovereign will of the people and in the interest of justice and fair play according to these candidates whose disqualification cases are still pending at the time of election; should they obtain the highest number of votes from the electorate should be proclaimed. But their proclamation should be without prejudice to the continuation of the hearing and the resolution of the involved cases. CONDUCT OF PLEBISCITE AND DETERMINATION OF RESULT How about conduct of plebiscite and determination of result? Is it with the Comelec or the courts? Case: Cayetano vs Comelec The conduct of plebiscite and determination of results shall be the business of the Comelec, not the regular courts. The independent constitutional body exclusively charged with the power of enforcement and administration of laws and regulation relative to the conduct of election, plebiscite, initiative, referendum and recall; the Comelec has the indisputable expertise of election and related laws. It has therefore enjoyed the presumption of regularity in the performance of its duties. NO JURISDICTION OVER SK OFFICIALS What about SK officials, who has jurisdiction? DILG. Not the Comelec. MANUAL COUNT As to the manual count, the Comelec may validly order a manual count not withstanding the automated counting of ballots in RA 8486. The law grants to the commission the use of automated election system if that is the only way to count votes. It ought to be self evident that the constitution did not envision a Comelec that cannot count a result election. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 99 ELECTION CONTESTS INVOLVING BARANGAYS Where do you file election contests involving barangays? File it with the MTC. Appealable to where? From MTC to Comelec. From Comelec, it is final and executory, except when there is an allegation of abuse of discretion amounting to lack or in excess of jurisdiction. You file petition for certiorari in SC. ELECTION CONTESTS INVOLVING MUNICIPAL OFFICIALS Where do you file election contests involving municipal officials? File it with RTC.

Where to do you appeal? The Comelec. From Comelec, it is final and executory, except when there is an allegation of abuse of discretion. ELECTION CONTESTS INVOLVING CITY OFFICIALS Where do you file election contests involving city officials? File it with Comelec. Where do you appeal? SC. ELECTION CONTESTS INVOLVING PROVINCIAL OR ARMM OFFICIALS Where do you file election contests involving provincial or ARMM officials? File it with Comelec. Where do you appeal? SC, but only decision of the Comelec en banc. DECISION BY COMELEC IN DIVISION AND EN BANC It can be appealed to the SC. The rule is, as long as it is an adjudicatory power, in the exercise of its quasi judicial function to be exercised by the Comelec, all these cases shall be decided by the Comelec in division. They only decide matters that are purely administrative en banc. ONLY DECISIONS EN BANC IS REVIEWABLE BY SC Ro appeal therefore the decision of that division, you have to file a motion for reconsideration that has to resolved by the Comelec en banc. And that resolution now can be appealed to SC. Because the law is very clear than only decisions of constitutional bodies rendered en banc can be reviewed by the SC. PROPOSAL TO AMEND CONSTITUTION BY THE PEOPLE On the matter of proposing the people on the amendments of the Constitution; Case: Santiago vs Comelec Case: Lambino vs Comelec SC made the declaration that the provision in the RA 6735 is sufficient. However the manner of the nature of the proposal changed is not just the amendment. It is the reason why the petition was dismissed. So wala na tong insufficiency. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 100 COMMISSION ON AUDIT FUNCTIONS 1. administrative functions 2. quasi judicial functions PROMULGATION OF RULES PERTAINING TO AUDIT - COA In the matter of promulgating rules pertaining to audit is exclusive to the COA. CONDUCT OF AUDIT In the matter of conducting audit, that is not exclusive to COA. Private accounting firms or auditors contracted by government to conduct audit on funds of government that were derived from the proceeds of the loan for example from an international bank or from donations made form international sources, that can also be audited by private companies. Case: DBP vs COA COA does not have the exclusive power to examine and audit government agencies. But as regards to promulgation of rules pertaining to audit of government funds and expenditures, that is exclusive to COA.

IOW if the law requires that is promulgated by COA, the conduct will have to be followed. That cannot be set aside. Because the matter of promulgating the rules relating to audit or how funds should be expended is in the exclusive power of COA. SUBJECT OF AUDIT ONLY LIQUADATED FUNDS In the conduct of audit, what can be the subject of audit? Only the liquidated funds. OW if it unliquidated, that has still to be established in the court, not COA. Case: Philippine Operations Incorporated vs Auditor General SC said, COAs power over the settlement of accounts is different from power over unliquidated claims. The latter of which is within the ambit of judicial power. COA has no jurisdiction. JURISDICTION OVER PRIVATE CORPORATION Can private corporation be the subject of an audit? GR, it is beyond the jurisdiction of COA. EXPT: 1. when a private corporation or entity handles public funds. Example, the collection of VAT by some agencies. Thats the only amount subject to audit. 2. when they receive subsidy from the government UNANIMOUS DECISION OF COA Any decision rendered by COA has to be unanimous among the three members because the chairman is not the COA. Remember COA is a collegial body and therefore they decide the case as a collegial body. Not just by the chairman of COA. DISALLOW:EXCESSIVE, UNNECESSARY EXPENDITURES Can COA disallow the approval excess or unnecessary expenditure? YES. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 101 ART 10 LOCAL GOVERNMENTS This will again be discussed by Atty Largo. POLITICAL SUBDIVISIONS The political subdivisions are the 1. Autonomous regions 2. Provinces 3. Cities 4. Municipalities 5. Barangays RA 3160 - LGC They are governed by RA 3160 LGC that provides for the rules relating to 1. term of office 2. structure and organization of LGUs TERM OF OFFICE Under the constitution, how long is the perm of office of the LG officials? 3 years, but not more that 3 consecutive terms. Can this be changed by ordinary legislation? NO. Except barangay officials. CONSECUTIVENESS OF THE TERM When would you consider it as prohibited that will disqualify an incumbent to run for reelection? When it would be his 4th election to the same position that is successive. When is it considered SUCCESSIVE for purposes of determining disqualification? (!!!) EFFECT OF PREVENTIVE SUSPENSION ON THE SUCCESSIVENESS OF THE TERM

Case: Aldovino vs Comelec, Dec 23, 2009 The question here is whether preventive suspension of a public official interrupts the consecutiveness of the term. Or if not interrupted, ay not have finished because there is a period of time where he had not served because he was placed under preventive suspension. Would that be considered an interruption? SC said, the preventive suspension of public official does not interrupt their term for the purposes of the THREE TERM LIMIT RULE under the constitution and LGC. Preventive suspension by its nature does not involve an effective interruption of its service within the term and should therefore not be a reason to avoid the three term limitation. INTERRUPTION OF TERM The interruption of a term exempting an elective official from the three term limit is one that involves no less than INVOLUNTARY LOSS OF OFFICE. In all cases of preventive suspension, the suspended official is barred from performing the functions of his office and does not vacate or lose title of his office. Loss of office is a consequence that only results upon the eventual filing of guilt or liability. EFFECT OF SUSPENSION AS A PENALTY ON THE SUCCESSIVENESS OF THE TERM So it is preventive suspension, that will not interrupt. But if it is suspension as a penalty, then that would be a different story. If it is only preventive, it does not interrupt because precisely he was suspended because he is still connected to his office. But if it is now a penalty after filing his case, then definitely there would be an interruption. Case: Bolos vs Comelec, Mar 18, 2009 He was punong barangay at his third term. He resigned because he ran as municipal councilor as a Sanguniang Bayan member. Therafter, he resigned and ran again as Barangay Captain. So the question there is WON there has been an interruption after he resigned as Barangay Captain and ran as Sanguniang Bayan member? SC said, Bolos was serving his third term as Punong Banrangay when he ran as Sanguniang Bayan member. And upon winning, assume the position as SB member; thus voluntarily relinquishing his office as punong barangay which the court deems as volunytary renunciation and therefore not considered as an interruption. RECALL - INTERRUPTION As regards to recall, is that considered an interruption? Is it considered as your 4th election. Example. Supposedly, you had 3 terms and there was a recall election, can you run as an opponent against the barangay official? Case: Adromeo vs Comelec The winner in a recall election can be charged or credited with the full term of three years for purposes of counting the consecutiveness of an officials term in office. Thus in a situation where a candidate loses the election to gain a third consecutive term, but later wins in the recall election, the recall term cannot be stitched in his two previous consecutive terms. The period of time prior to the recall term when another public official holds the office constitutes an interruption of the continuity of his service. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts

Page 102 TERM BY ELECTION, NOT BY SUCCESSION Case: Borja vs Comelec On consecutive terms, that must be by election, not by succession. For example. If at first by succession, and thereafter he ran for election twice which is supposedly his third term, TN you should not count that term where he merely succeeded in office. It is an interruption or not counted in the determination of continuity of the three limit rule relating to term of office. VOLUNTARY RENUNCIATION Case: Lonzanita Voluntary renunciation is not considered an interruption. Case: Ong vs Alegre Ong was considered to have fully served the three terms. QUALIFICATIONS FOR CONVERSION INTO A CITY OR A PROVINCE Case: Cities of the Philippines Read the last part of the decision for the qualifications. Under the new rules now, the requirement on area and income has been increased. RA 9009 What would be the law that you should read? RA 9009 which amended sec 450 of the LGC. How much income is required? 100m. Case: Navarro vs Ermita, May 12, 2010 SC said, we declared unconstitutional the creation of the province of Dinagat Island for failing to comply with the territorial population requirements under art 261 of the LGC. MMDA MMDA is not a political subdivision, it is merely an administrative coordinating body whose purpose is to coordinate with the LGU comprising of Metropolitan Manila. The more recent cases involving MMDA in exercising police power is: Case: MMDA vs Truckworks SC said, MMDA has no authority to dismantle billboards and other forms of advertisements posted in the structures of MRT3, the latter being a private property. Because MMDAs power is limited only to the formulation, coordination, regulation, implementation, preparation, management, monitoring, settling of policies, installing a system and administration and therefore it has no power to dismantle the billboards under the guise of police and legislative powers. Case: MMDA vs MCOR Transport System This is with reference to the elimination of certain terminals in EDSA. They dont have that power because they are not vested with police power. SOURCES OF REVENUE OF LGUs 1. levy of taxes This includes barangays. Even if there is no legislative enactment, do they have the taxing power? YES. That provision is self executory as provided in the constitutional as long as it is not contrary to existing laws. 2. share from the national taxes 3. mining taxes, forestry and fishery fees and charges 4. share in co-production, joint venture or production sharing agreement in utilization and development of national wealth within the territorial jurisdiction Case: There is the oil in Palawan and the company refuses to share the income to Palawan Province. TAXING POWER OF LGU This is to insure local autonomy.

NATIONAL GOVERNMETN IS SUBJECT TO LOCAL TAX WON some national instrumentality are subject to taxation; unless they are expressly exempt from taxation, they are subject to tax by local government. Case: Manila International Airport vs Pasay City Case: MCIAA vs Marcos Case: PPA vs Iloilo City Case: MIAA vs CA The rule is, they are subject to tax unless they are expressly exempted. However, in case of doubt, they are exempt from taxation. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 103 ART 11 ACCOUNTABILITY OF PUBLIC OFFICIALS You just master impeachment. SEC 1 Memorize sec 1. SECTION 1. Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives. IMPEACHBLE PUBLIC OFFICIALS Who are public officials that are impeachable: 1. President 2. VP 3. Justices of SC 4. Constitutional commissioners 5. Ombudsman -not the deputy ombudsman. We will tackle this issue in SC WON the president has jurisdiction. Considering that the president makes that appointment of the DO, and the Ombudsman; because the DO is not impeachable, he can be, as part of the appointing power of the president, revoked by the president. -not the special prosecutor Apparently the SP is now being investigated by the president. Apparently, they are subject to the jurisdiction of the office of the president. GROUNDS OFR IMPEACHMENT These are exclusive grounds. 1. violation of the constitution 2. bribery 3. treason 4. graft and corruption 5. betrayal of public trust These are exclusive grounds. You cannot have adultery as grounds. Now the question of plagiarism because it is now being the subject of impeachment against the Justice of SC. The ground is betrayal of public trust. This will be creating a conflict between the congress and SC because the congress has already exonerated the justice of SC. PROCESS OF IMPEACHMENT So you go through the process of who initiates the impeachment HOUSE OF REPRESENTATIVES. What are the REQUIREMENTS? 1. initiation of the proceedings a. if it is a member who initiates the complaint or files the complaint, there is no need of an endorsement b. if it is a private individual, it has to be indorsed in order that it will be take action by the Committee on Justice When is there initiation? Initiation of the proceedings (not the complaint) commences upon the filing and the referral (whatever

action is to be taken by the committee at the moment). In the case of Ombudsman Merciditas Gutierrez, there were several complaints, different complainants, they were simultaneously referred at the same time to the committee in justice. Will that be taken as one initiation proceedings? YES. According to SC. Why is this important? Because you cannot initiate an impeachment proceedings more than once in a year. 2. preparation of articles of impeachment In the matter of initiation, how many votes are needed in order to prepare the charge sheet or articles of impeachment? 1/3 of the members of the house. This will be for the filing of the article sof impeachment. 3. promulgation of the rules by the house concerned This is discretionary to the house. 4. forward to house of senate as the tribunal The house of senate will act as the tribunal. Who will be the presiding officer? The president of the senate. Except if it involved the president, it will be the chief justice of SC 5. voting How many votes are needed to convict or remove an official? 2/3 votes of the members of the house of senate. CONSEQUENCES OF REMOVAL THROUGH IMPEACHMENT 1. removal from office 2. no prejudice to criminal prosecution and disqualification for appointment or election in public office 3. not subject of pardon -provided in the constitution PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 104 POWERS AND FUNCTIONS OF THE OMBUDSMAN 1. criminal cases, the Ombudsman has jurisdiction -on all public officials, temporary or permanent -except out of courtesy to SC relating to court personnel and judges -they must wait until SC makes a recommendation for the investigation in the criminal case 2. administrative cases, the Ombudsman has jurisdiction -not on all public officials like: a. impeachable officials b. members of congress c. members of the judiciary 3. preventive suspension -Ombudsman has the power to suspend an erring public officer suspensive -period: not exceeding 6 months 4. teachers, Ombudsman has jurisdiction -they are saying that magna carta exclusive jurisdiction is exclusive with DECS. Wrong. -case: Masing et al vs Office of the Ombudsman Teachers, notwithstanding the magna catra, Ombudsman has jurisdiction. CRIMINAL JURISDICTION OF THE OMBUDSMAN Is the criminal jurisdiction of the ombudsman exclusive to him? NO. LOW RANKING OFFICIAL If it is low ranking official, meaning the salary grade is 26 or lower, it is concurrent with DOJ.

So if you file a malversation case against a municipal treasurer, either you file it with the DOJ, Fiscals Office or the Ofice of the Ombudsman. Do you need the approval of the Deputy Ombudsman? NO. HIGH RANKING OFFICIAL If it involves a high ranking official like a city treasurer, cam you file it with the DOJ? YES. However, if the recommendation of the filing of the case with the SB, it has to be concurrence with the DO or Ombudsman. You go back to your criminal procedure. Because insofar as jurisdiction of the SB, jurisdiction has to be approved by the DO. OW if it is only the fiscal who approves the information, that is an invalid information, because the fiscal has no authority to file the information in the SB. POWER OF OMBUDSMAN TO SUSPEND OR IMPOSE PENALTIES Case: Ledesma vs CA Case: Ombudsman vs Valera Before they say that the power of the Ombudsman is merely recommendatory. SC said that they have the power to give it to the Office of the Ombudsman. They can impose and execute the penalties that they have recommended. STATEMENT OF ASSETS AND LIABILITIES PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 105 ART 12 NATIONAL ECONOMY AND PATRIMONY REGALIAN DOCTRINE (!!!) All lands and mineral resources belong to the state. Including the ancestral domain and ancestral lands? NO. Because they belong to the indigenous people or community on the basis of native title. KINDS OF LANDS Not all lands belong to the state. 1. agricultural lands 2. timber lands 3. forest lands 4. mineral lands 5. national parks Of all these lands, which is disposable and alienable? Agricultural lands. There are two kinds of lands: 1. public lands a. alienable lands (agricultural lands) b. inalienable lands 2. private lands ACQUISITION OF AGRICULTURAL LANDS Who can acquire? Only individual citizens of the country. Corporations cannot acquire agricultural lands, even if it is a Filipino qualified corporations. They can only lease. How many hectares can be acquired? Limited only to 12 hectares. Haw many hectares can be leased? 500 hectares for individual. 1000 hectares for qualified Filipino corporation. Foreigners cannot lease. ACQUISITION OF PRIVATE LANDS Who can acquire? Filipino citizens, either natural or qualified Filipino Corporation. Who can lease? Filipino citizens and foreigners. What are the instance when a foreigner may acquire public

lands? a. former natural born citizens -5000 sq meters b. hereditary intestate succession -no limit on intestate succession if he is a compulsory heir AGRICULTURAL LANDS It does not mean lands devoted to agriculture. It refers to lands that is alienable like: 1. reclaimed 2. foreshores Who owns it? The state. Because the sea is inalienable. Supposedly, likewise, it is inalienable. Except when it is classified as agricultural and disposable lands of the government and of the state. Who can acquire it? Only individual citizen, not corporation. How come Amari and MOA are acquired by corporations? Because there is no prohibition against directors of Filipino corporations who are Filipino citizens to acquire. And the moment it is acquired by private individuals, it becomes a private land, and it can be sold in turn to a Filipino corporation. So this explains why some reclaimed lands are being acquired by Filipino corporations. Originally, they are agricultural lands. There has to be a classification that they are disposable. Case: Chavez vs Public Estate Authority Foreshore and submerged areas form part of public domain and are inalienable. Lands between foreshore and submerged areas also form part of the public domain unless converted into alienable or disposable lands of public domain. The prevailing rule is that, reclaimed disposable lands of public domain may also be leased and not sold to private parties. These lands remain sole generis as the only alienable or disposable lands of the public domain which the government could not sell to private parties except if the legislative passes a law authorizing sub sale. (SRP) But in this case, the classification is not a pubic domain. There was a title that was issued. It was acquired by LGU in its private capacity (proprietary). It can be sold even without the consent of congress. Reclaimed lands have maintained their inherent potential as areas for public use or service. The ownership of lands reclaimed from foreshore areas is rooted in the regalia doctrine which declares that all lands and waters of the public domain belong to the state. But notwithstanding the conversion of reclaimed lands to alienable lands of the public domain, they may not be sold to private corporations which can only lease the same. The state can only sell alienable public lands to Filipino citizens. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 106 But TN in this case, decision does not bar private corporation in participating in the reclamation projects and be paid for the services in reclaiming lands. What the decision prohibits following the constitutional mandate is for the private person to acquire reclaimed lands in the private domain. There is no prohibition on the directors, officers, SH of private corporations, if they are Filipino citizens from acquiring at public auction, reclaim alienable lands of the public domain.

It can acquire not more than 12 hectares per individual and the lands thus acquired becomes public lands. PATRIMINIAL PROPERTY Freedom Islands are inalienable lands of public domain. Government owned lands, as long as they are patrimonial property can be sold to private parties who are Filipino citizens or qualified private corporation. So there is a difference; owned as a public domain alienable with the consent of congress. But if patrimonial, no need for consent of congress. Now they are claiming that SRP is part of public domain. Should there be a sale, it has to be with the approval of congress, and it has to be done at public auction. But the LGU maintains that it is a patrimonial property, and therefore it can be acquired by qualified private corporation. There is no bidding required because it is a private property insofar as Cebu City Government is concerned. CA ruled sustaining the trial court that it can be acquired by a corporation. ACQUISITION BY PRESCRIPTION Case: Malabanan vs Republic of the Philippines, April 29, 2009 (!!!) This is with reference to the acquisition of the property by prescription. They are saying that they are applying for registration of title because they have been occupying the property since time immemorial. The issue is whether it can be applied for by an individual for title. SC said, public domain lands become patrimonial or private property of the government only upon declaration that these are alienable or disposable lands together with express government manifestation that the property is already patrimonial or no longer retained for public service or the development of national wealth. Only when the property has become patrimonial can the prescriptive period for the acquisition of the property of public property domain begin to run. So if you have been there since time immemorial, however the declaration that it is a patrimonial property is only 2011, prescription does not start to run. In connection with sec 14 of property registration decree, recognized those who by themselves or through their predecessors in interest have been in open, continuous and exclusive possession and occupation of alienable and disposable lands of the public domain under bona fide claim of ownership. They must have been there since June 12, 1945, have acquired ownership of and registrable title to such lands based on the length and quality of such possession. The court clarified that the public land merely requires possession since June 12, 1945 and does not require that the land should have been alienable and disposable in the entire period of possession. The possessor is not entitled to secure judicial confirmation of title as soon as the land is declared alienable and disposable. This is however subject to Dec 31, 2020 deadline. So if you are squatting a land owned by the government, all you need to prove is that you have been occupying the land since June 12 1845, even if it has been recently declared only as disposable or alienable. The 30 year period shall be reckoned from June 12, 1945. And you have until Dec 31, 2020 to apply for the registration of title over these property. ALIENABLE OR DIPOSABLE Case: Sacay vs DENR They applied for registration of title over these titles. Boracay Island is owned by the state, except for the land

areas with existing titles. The continued possession and considerable possession of prior claimants do not automatically give them a vested right in Boracay, nor does this give them a right to apply a title the land they are presently occupying. The present lands traces its roots to the regalia doctrine. Because they are not timber lands and therefore they are no longer lands of public domain. SC said, except for lands already covered by existing titles, SC said that Boracay was unclassified lands of public domain prior to Proclamation 1006 which classified Boracay as 400 hectares of reserved forest lands and 628.96 hectares of agricultural lands. Such unclassified lands are considered public forests under PD 705. Forest lands do not necessarily refer to large tracks of wooded lands or expanses covered by dense trees and under brushes. For as long as it is not reclassified, it is still forest lands, not subject to alienation. It cannot be acquired even if you have lived there for a thousand years. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 107 CLASSIFICATION OF LANDS Case: Dauriano vs Hermoso et al, April 24 2009 SC said, the classification of lands of public domain of 2 types: 1. primary classification a. Agricultural b. Forest c. Timber d. Mineral lands e. Natural parks 2.secondary classification The agricultural lands of public domain may further be classified by law according to the uses which they may be devoted. This further classification of agricultural lands may be referred to as SECONDARY CLASSIFICATION. Congress under existing laws, granted authority to a member of the government agency to effect the secondary classification of agricultural lands to: 1. residential 2. commercial 3. industrial 4. other urban uses So you have RA 7160 granting such authority. RECLAMATION OF LANDS In that case relating to WON reclaiming corporation can be paid by lands. Diba kung reclaimed, pubic domain, only individual citizens can acquire the land. If you pay land to the corporation that reclaimed it, is that allowed? Case: Chavez vs NHA (patrimonial property) It was allowed because the land was not considered a public domain but a patrimonial property of the government. And therefore it can be acquired by the corporation. SC said that NHA is a government agency. Its function is to distribute lands. It is not exercising public functions. NHA is a government agency not tasked to dispose of public lands under its charter. The Revised Administrative Code of 1987, the NHA is an end user agency authorized by law to administer and dispose of reclaimed lands. The moment titles over reclaimed lands based on the special patents or transferred to the NHA by the registry of deeds, they are automatically converted to a patrimonial

property of the state which can be sold to Filipino citizen and private corporations, 60% of which are owned by Filipinos. The reason is obvious. If the reclaimed land is not converted to patrimonial lands, was transferred, then it would be useless to transfer it to NHA because you cannot legally transfer any lands of public domain. And I think this was the case that was invoked in the SRP case as against the Chavez case. So read Chavez vs PEA and Amari in consonance with Cavez vs NHA. Case: Chavez vs PEA (public domain) This is on public estate. So any lands that were reclaimed by PEA is part of public domain. EXCEPTION TO LANDS AS PART OF REGALIAN DOCTRINE Ancestral lands are exluded from the regalia doctrine. Case: Cruz vs Secretary of DENR If categorically declared ancestral lands and domain held by native title as never to have been pubic lands. Domains and lands under native title are therefore indisputably presumed to have never been public lands and are private. The right of ownership granted to indigenous people over their ancestral domains does not cover the natural resources. The right granted to IP to negotiate the terms and conditions over the natural resources covers only their exploration to ensure ecological and environmental protection. Case: Carino vs Insular Government The existence of native title to land by Filipinos by virtue of possession under claim of ownership since time immemorial is an exception to the theory of res regalia. And in recognition to that, you have the case of: Case: Alcantara vs DENR, July 31, 2008 On the matter of ancestral domain. SC has revoked the permit to logging concessions that were covered by the ancestral domain in recognition of the right of the indigenous people to the ancestral domain. SC said, a mere license or privilege granted by the state to the petitioner for the use or exploration of natural resources to public lands over which the state has sovereign ownership over the regalian doctrine, like timber or mining licenses on forest land and grazing lease agreement is a mere permit which by executive action can be removed, rescinded, cancelled or modified whenever public welfare or public interest so requires. The determination of what is in the pubic interest is necessarily vested in the state as owners of countrys natural resources. Thus, a privilege or license is not in a nature of a contract that enjoys protection. In this case, such privilege or license is not even a property or property right, nor does it create a vested right. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 108 In this decision, the SC recognize the inherent right of ICC and IPs to recover their ancestral lands from outsiders and usurpers, seen by many as a victory attained by the private respondents after a long and costly effort. IOW because of this case, it was an assertion of the rights of the indigenous people over the ancestral lands and domain. There was the revocation of the license that was granted previously to private individuals as regards to pubic lands, particularly the use of public lands as a grazing lands. EXPLORATION OF NAURAL RESOURCES Who has control over the exploration of natural resources? It is the state being the owner.

How about private individuals and citizens of the country? Can they explore the natural resources by themselves? NO. Except when they enter into: 1. joint venture 2. co production 3. production sharing They may be citizens who are natural or juridical persons. How about foreign corporations? Can they enter into such agreements? NO. they can only enter into SERVICE CONTRACT. They are only to provide: 1. technical 2. financial assistance What is the extent? They will be providing for services and labor. The contractor is the state. But it does not mean that the state has to closely supervise and monitor them. There can be macro supervision through the laws passed by the state. This is in consonance to the upholding the validity of the mining laws. There are so many cases sustaining the participation of a foreign corporation into mining. Case: Republic vs Tritas Corp, sept 26, 2006 Case: Ramos vs Ramos Case: Bilaan vs Ramos Case: FUR Savers vs DENR The bottom line is that control by the state is on macro level through the establishment of policies, guidelines regulations, industries, and similar measures that would enable the government to control the conduct and the affairs of various enterprises and restrain activities deemed to be not desirable or beneficial. These agreements with foreign corporations are not limited to financial and technical assistance. The 1987 constitution allows the continued use of service corporations as contractors who would invest in and operate and manage extractive enterprises subject to the full control and supervision of the state. This is on LARGE SCALE MINING. The requirement is FULL CONTROL. REGALIAN DOCTRINE DOES NOT APPLY RETROACTIVELY. Those covered prior to regalia doctrine where they were given concession for not more than 50 years, it is still existing in the e1987 constitution. The regalian doctrine does not apply retroactively. Case: Republic vs Reservoir Mining and Development Corporation Sec 2, art 12 of the 1987 constitution does not apply retroactively to a license concession or lease granted by the government under the 1973 constitution or before the effectivity of 1987 constitution. So if the concession still is existing even beyond the 987 constitution, then it is still valid. This is on NON IMPAIRMENT CLAUSE. PROHIBITION OF FOREIGNERS ACQUIRING LANDS They can acquire only condominiums because the prohibition covers only acquisition of lands. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 109 AREAS OF INVESTMENT REQUIREMENT OPERATION OF PUBLIC UTILITY How many percentage if it is a qualified Filipino corporation? 60% by a Filipino citizen.

MEDIA 100% ADVERTISING 70% EDUCATIONAL INSTITUTION 60% qualified Filipino corporation. But the management and administration is all Filipino citizens in all of these corporations. Only the capital investment where there is allowing foreigners. FRANCHISE OF PUBLIC UTILITY For how many years? 25 years, renewable for another 25 years. Subject to amendments, repeal, or modifications when public interest so requires. You TN of the exceptions because while a franchise is a contract between the government and private individual citizen or corporation; because it involves public interest, the constitution no less provides for the reservation of its change. It is protected in the non impairment clause supposedly but this is an exception. FISHING ONLY INDIVIDUAL CITIZENS (specially on small scale) and cooperatives. PRACTICE OF PROFESSION Filipino citizens only. CORPORATIONS SUBJECT TO THE REGULATION OF THE STATE MONOPOLY Is monopoly prohibited? NO. But of course there are regulations relating to protect public interest. But per se, it is not prohibited by law. RESTRAINT OF TRADE AND UNFAIR COMPETITION We have here free enterprise. ART 13 SOCIAL JUSTICE AND HUMAN RIGHTS SOCIAL JUSTICE Briefly, it means we give those who have less in life more in law. As the rest, go over with that. You go bY the concept of SOCIAL JUSTICE. HUMAN RIGHTS What is human rights? It covers civil and political rights. It is not limited against the government, even against big companies; can be the subject of the complaint. COMMISSION ON HUMAN RIGHTS JURISDICTION OF CHR What is the jurisdiction of the Commission of Human Rights? Merely investigatory. It has no quasi judicial function or adjudicatory power. Therefore it cannot issue restraining orders neither can it cite anyone for contempt for violation of human rights. PROMULGATION OF RULES AND REGULATION But in the matter of promulgating the rules and regulations in the exercise of its administrative functions, these have not been complied with by the persons ordered by CHR, in the enforcement of the rules by said office, one may be cited for contempt. Administrative lang ha? Because they dont have any quasi judicial functions. EJECTMENT OF SQUATTERS Ejectment of squatters, is that a violation of human rights? NO. Case: People vs Lichon The constitutional requirement of the demolition being in accordance with law and be conducted in a just and humane manner does not mean validity or legality of the demolition on the existence of resettlement area that is

designated or earmarked by the government. There is no requirement. NO FISCAL AUTONOMY Does the CHR enjoy fiscal autonomy? NO. COMMISSIONER NOT IMPEACHABLE Is the commissioner impeachable? NO. these is not the same as the three constitutional commissions. ABOLISHED BY ORDINARY LEGISLATION Can it be abolished by ordinary legislation? YES. It is not created by the constitution. It was created upon the mandate of the constitution. So it may be abolished. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 110 ART 14 - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS EDUCATION ACADEMIC FREEDOM Memorize academic freedom. It is enjoyed only by institution of higher learning, not Mababag Paaralan ng Pilipinas. Example. Universities and colleges. Not high school and elementary. REVIEW CENTER Case: Review Center Association of the Philippines vs Ermita A review center is not a n institution of higher learning as contemplated in RA 7722 because it does not offer a degree program that would put it under the jurisdiction of the CHED. Moreover, review course is only intended to refresh and enhance the knowledge or competence or skills of reviewees. And it does not require enrollment, attendance, submission of theses in order to complete the review course requirement or take the licensure examination. KINDS OF ACADEMIC FREEDOM 1. From the standpoint of the institution 2. From the standpoint of the academe 3. From the standpoint of the students 1. FROM THE STANDPOINT OF THE INSTITUTION They have the right to choose their own professors and students as well. They can impose regulations on that. Case: UP et al vs CSC They cannot be told about the choice of professor; if they are going to promote a professor who has gone AWOL. AWOL is a ground for dismissal of government service and UP is under CSC. The other professors complained. CSC dismissed him from service. SC sustained UP. From the standpoint of the educational institution and members of the academe, the SC sustained the primacy of academic freedom over CS rules on AWOL stressing, when UP opted to promote him despite his absence, it is exercising his freedom to chose who may teach and continue to teach its battlefield. Case: La salle After teaching in la sale as probi, he was dismissed. SC said sec 5 par 2 of art 14 of constitution guaranties institution of higher learning academic freedom. Institutional academic freedom includes the right of the school or college to decide for itself its aims and objectives on how to attain them, free from outside coercion and interference. So they have independence on who may teach, what to

teach, how to teach and who may be admitted to study. The disciplining of students is still within academic freedom. 2. FROM THE STANDPOINT OF THE ACADEME They can teach in any manner and grade you accordingly. And they are free to do their research and publish their research. 3. FROM THE STANDPOINT OF THE STUDENTS Thats not absolute. Its subject to the rules of the university and your having maintained the required classifications to maintain in the university. TAX EXEMPTION For non stock non profit PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com What is the color of flag? How many suns and stars? Can you change the design of your flag? NO. Without amending the constitution. Can you change then name of the country by ordinary legislation, national anthem and national seal? YES. Subject to ratification in a referendum (not plebiscite). SOVEREIGNTY OF THE STATE -discussed ARMED FORCED OF THE PHILIPPINES It is a citizen armed force. That is one of the manifestation of the supremacy of the civilian authority. The chief of staff has a limited term of 3 years unless it is extended by president when there is a national emergency declared by congress. So there has to be a national emergency. Is PNP under AFP? NO. ART 17 AMENDMENTS AND REVISIONS PROPOSAL Who can propose amendments to the constitution? 1. Congress 2. Constitutional convention 3. People Who can propose revision? 1. Congress 2. Constitutional convention (people cant) Change of the system of government, is that an amendment or revision? REVISION. (Lambino vs Comelec) CONSTITUTENT POWER If it is congress exercising the power, we call it CONSTITUENT POWER. How is it different from legislative power? Of course you have number of votes, for congress proposing, 2/3 to call for a concon, majority to submit it to people. It is discretionary BTW to congress. STAGES OF CHANGING THE CONSTITUTION 1. Proposal 2. Submission of the proposal 3. Classification VOTES FOR EEFECTIVITY How many votes are needed for the effectivity of any change to the constitution? Majority votes cast during the plebiscite. EFFECTIVITY When does the change take effect? Upon the ratification by the people. JUDICIAL REVIEW PROPER PARTY Is the amendment or revision of the constitution or ratification of the constitution subject top judicial review?

YES. It can be raised by any citizen. Thats an extension of proper party. So long as procedure is not followed, any person may question. Case: Province of North Cotabato vs Republic This is with reference to Bansang Moro. It was declared unconstitutional because that will allow the president to propose amendments to the constitution by allowing the establishment of a state with a state. This is prohibited by the constitution because only congress, people and concon can propose amendments to the constitution. PDF Created with deskPDF TS PDF Writer - DEMO :: http://www.docudesk.com CONSTITUTIONAL LAW Kwin Kwintranscripts Page 112 ART 18 TRANSITORY PROVISION MILITARY BASES AGREEMENT That has already expired. We now have the PFA. So the question is, should it require the concurrence of the senate? Is it valid? That has already been settled, even without the concurrence of senate. Because it is an executive agreement implementing a mutual defense agreement between the president and the US. Case: Lim vs Executive Secretary SC said that sec 25 of the transitory provision shall mark antipathy towards foreign military presence in the country. The foreign troops are allowed entry in the Philippines only in a way of exception. Under the constitution, the US forces are prohibited from engaging in an offensive war in the territory. Sc however cannot accept the allegation that the Arroyo administration engaged in double ___ in trying to pass off as a mere training exercise, an offensive effort by foreign troops on native soil. Case: Bayan vs Zamora The VFA was duly concurred by the Philippine senate and was duly recognized as a treaty by the US as certified by the duly authorized representative of US government. The fact that VFA was not submitted for advise and consent of the US senate does not detract from its status as a binding international agreement. Ours was concurred. Here, even if the US does not recognize it as a treaty, as far as we are concerned, it is a treaty. Precisely you not that case of Smith who was transferred in the Embassy instead for detention. Because under the VFA, he should have been detained in our jail specially if convicted. But apparently, without our knowledge, there was an amendment thereto by a mere agreement between the ambassadors of US and Philippines. So the question is if it can be done by mere amendment of the VFA through an agreement signed between the ambassadors of these two states. Should there be any changes of the VFA because it has reference to the detention? Case: Nicholas vs Romulo Should here be any changes, you should follow the procedure in the matter of entering into negotiations with international agreements and treaties. SC said, VFA between Philippines and US entered into in Feb 10, 1998 is upheld as constitutional. But the agreements in Dec 19 and 22, 2006 are declared not in accordance with the VFA. And respondent Secretary of Foreign Affairs Romulo is hereby ordered to fore with negotiate with the US representative for the appropriate agreement on the detention facilities as provided in art 5 sec

10 of the VFA. Pending status quo shall be maintained until further orders of SC. IOW inasmuch as VFA was treated as a treaty, should there be any amendments or changes to it, it must be done in accordance with the changing of the treaty. It has to be negotiated, turned to the president and DFA, submitted to senate for concurrence. And then have it ratified. In this case, it was only between DFA Secretary and Ambassador of US. That is void foe it is contrary to what is agreed in VFA.