q & a political review

7/28/2019 q & a Political Review

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ARTICLE VIII JUDICIAL DEPARTMENT

Section 1. The judicial power shall bevested in one Supreme Court and in suchlower courts as may be established bylaw.

Supreme Court is the only court which is

created by the Constitution.Lower Courts:CA, RTC, MTC, MCTC, METC, SB, CTA, ShariaCourts, Sharia Circuit Court.Quasi-judicial courts are special courts for theyperform similar judicial functions.

Traditional Concept of judicial powerJudicial power includes the duty of thecourts of justice to settle actualcontroversies involving rights which arelegally demandable and enforceable,

Expanded power of judicial reviewAnd to determine whether or not therehas been a grave abuse of discretionamounting to lack or excess of

jurisdiction on the part of any branch orinstrumentality of the Government.

Q. What are the difference, if any,between the scope of judicial powerunder the 1987 constitution on one hand,and the 1935 and 1973 Constitutions onthe other?A: The scope of judicial power under the1987 Constitution is broader than its scopeunder the 1935 and 1973 Constitution becauseof the second paragraph of Section 1, ArticleVIII of the 1987 Constitution, which states thatit includes the duty to determine whether ornot there has been a grave abuse of discretionamounting to lack or excess of jurisdiction onthe part of any branch or instrumentality ofthe Government. This provision limits resort tothe political question doctrine and broadensthe scope of juridical inquiry into areas whichthe courts under the 1935 and the 1973Constitutions would normally have left to thepolitical departments to decide.

Political Question-are questions of policy,they involve the wisdom of an act, or theefficacy or necessity of a particular measure:Sprung from the Doctrine of Separation ofPowers.

1. Those questions which are to be decided bythe people in their sovereign capacity;

E.g. Recall = is a mode of removing a localofficial even before the end of his term on thesole ground of loss of confidence (Verdone vs.Comelec);

Lawyers League for a Better Philippines vs.Pres. Aquino and Estrada vs. Desierto

The legitimacy of the Aquino government is

not a justiciable matter. It belongs to the realmof politics where only the people of thePhilippines are the judge. And the people havemade the judgment, they have accepted thegovernment of President Corazon C. Aquino,which is in effective control of the entirecountry so that it is not merely a de factogovernment but in fact and in law a de juregovernment. Moreover, the community ofnations has recognized the legitimacy of thepresent government.

The legitimacy of the Arroyo government is a

justiciable matter. The principal issues forresolution require the proper interpretation ofcertain provisions in the 1987 Constitution,thus the respondents invocation of thedoctrine of PQ is but a foray in the dark.

EDSA I EDSA IIPolitical Question Legal QuestionExtra-constitutional =the legitimacy of thenew govt thatresulted from asuccessful revolution

cannot be subject tojudicial review, for itorbited out of theConstitutional loop

Intra-Constitutional=the resignation of thesitting president andthe succession by theVP are subject to

judicial review

Exercise of the peoplepower of revolution

Exercise of peoplepower of freedom ofspeech and freedomof assembly topetition the govt forredress to grievancesthat only affected theoffice of the President.

2. Those, in regard to which, full discretionaryauthority has been delegated by theConstitution to the executive or legislativebranch. (Tanada vs. Cuenco)

E.g. Calling-out Power (IBP vs. Zamora)Art. VII Section 18. The President shall be theCommander-in-Chief of all armed forces of thePhilippines and whenever it becomesnecessary, he may call out such armed forces

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to prevent or suppress lawless violence,invasion or rebellion.

In here the President necessarilyexercise a power solely vested in his wisdom;unless the petitioner can show that theexercise of such discretion was gravelyabused, the Presidents exercise of judgmentdeserves to be accorded respect from this

Court.

Q. How about the other powers to suspendthe privilege of the writ of habeas

corpus or place the Philippines or any

part thereof under martial law asprovided in Art. VII, Secs 18, is it a politicalquestion?A. No, such powers involve a curtailment ofrights, thus it is bound by great limitations.The Supreme Court may review, in an

appropriate proceeding filed by any

citizen, the sufficiency of the factual

basis of the proclamation of martiallaw or the suspension of the privilege

of the writ of habeas corpus or the

extension thereof, and must promulgate

its decision thereon within thirty days

from its filing. (Art. VII, Sec 18,

par. 3)

David vs. GMAUnder the calling-out power, the

President may summon the armed forces toaid him in suppressing lawless violence,invasion and rebellion. He cannot invoke agreater power when he wishes to act under alesser power. There lies the wisdom of ourConstitution, the greater the power, thegreater are the limitations. Justice Mendoza also stated that PP1017 is not a declaration of Martial Law. It isno more than a call by the President to thearmed forces to prevent or suppress lawlessviolence. As such, it cannot be used to justifyacts that only under a valid declaration ofMartial Law can be done. Its use for any otherpurpose is a perversion of its nature andscope, and any act done contrary to itscommand is ultra vires.

Justice Mendoza further stated thatspecifically, (a) arrests and seizures without

judicial warrants; (b) ban on public assemblies;(c) take-over of news media and agencies andpress censorship; and (d) issuance ofPresidential Decrees, are powers which can beexercised by the President as Commander-in-Chiefonly where there is a valid declaration ofMartial Law or suspension of the writ ofhabeas corpus.

Based on the above disquisition, it isclear that PP 1017 is not a declaration ofMartial Law. It is merely an exercise ofPresident Arroyos calling-out power forthe armed forces to assist her in preventing orsuppressing lawless violence.

Following requisites must be present for

the exercise of the power of judicialreview:a.) There must be an actual case orcontroversy involving a conflict of legal rightssusceptible of judicial determination.

Q. What is an "actual case or controversy"?A. An "actual case or controversy" means anexisting case or controversy which is both ripefor resolution and susceptible of judicialdetermination, and that which is notconjectural or anticipatory, or that which seeksto resolve hypothetical or feigned

constitutional problems.(IBP vs. Zamora)

ICJ can render an advisory opinion on legalquestions and settle in accordance withinternational law the legal disputes submittedto it by the states.

A moot and academic case is one that ceasesto present a justiciable controversy by virtueof supervening events, so that a declarationthereon would be of no practical use or valueExceptions:

1. Grave violation of the Constitution;2. exceptional character of the situation

and the paramount public interestinvolve;

3. when constitutional issue raisedrequires the formulation of controllingprinciples to guide the bench, the barand the public;

4. the case is capable of repetition yetevading review.

b.) The constitutional question must be raisedby the proper party.

A proper party is one who hassustained or is in imminent danger ofsustaining an injury as a result of the actcomplained of.

Locus standi is defined as a right ofappearance in a court of justice on a givenquestion.

The mere invocation by the IBP of itsduty to preserve the rule of law and nothingmore, while undoubtedly true, is not sufficientto clothe it with standing in this case. This is

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too general an interest which is shared byother groups and the whole citizenryHaving stated the foregoing, it must beemphasized that this Court has the discretionto take cognizance of a suit which does notsatisfy the requirement of legal standing whenparamount interest is involved. In not a fewcases, the Court has adopted a liberal attitude

on the locus standi of a petitioner where thepetitioner is able to craft an issue oftranscendental significance to the people. (IBPvs. Zamora)

Taxpayers Suit:1. Public funds are disbursed by a politicalsubdivision or instrumentality;2. In doing so, a law is law is violated or someirregularity is committed, and that thepetitioner is directly affected.

c.) The constitutional question must be raisedat the earliest opportunity.

Raised it in a pleading before acompetent court that can resolve the same,such that if not raised in the pleadings, itcannot be considered on appeal.

Court may determine, in the exercise ofsound discretion, the time when aconstitutional issue may be passed upon.(Mailbag vs. Benipayo)

d.) The decision of the constitutional questionmust be necessary to the determination of thecase itself.

Moreover, the legality of petitionersreassignment hinges on the constitutionality ofBenipayos ad interim appointment andassumption of office. Unless theconstitutionality of Benipayos ad interimappointment and assumption of office isresolved, the legality of petitionersreassignment from the EID to the LawDepartment cannot be determined. Clearly,the lis mota of this case is the veryconstitutional issue raised by petitioner.

3 Important Functions of Court:1. Checking= when courts declares an act bythe executive or legislative asunconstitutional;2. Legitimizing= when the court sustains theact of the President or the Congress;3. Symbolizing= even if it is already mootand academic, court may still resolve the costson their merits.

ARTICLE XVIIAMENDMENTS OR REVISIONSConstitution of Sovereignty

Amendments are piece meal change oraddition that would not drastically

affect the fundamental laws.

E.g. Change in the voting requirement.Revisions are substantial changes or anoverhaul of the fundamental laws.

E.g. A change from Presidential toParliamentary, since it would result to

combination of legislative andexecutive.

Section 1. Any amendment to, or revisionof, this Constitution may be proposed by:(1) The Congress, upon a vote of three-fourths of all its Members; or(2) A constitutional convention.

Section 2. Amendments to thisConstitution may likewise be directlyproposed by the people through initiativeupon a petition of at least twelveper

centum of the total number ofregistered voters, of which every

legislative district must be

represented by at least three per

centum of the registered voters

therein. No amendment under this

section shall be authorized within five

years following the ratification of

this Constitution nor oftener than once

every five years thereafter.The Congress shall provide for the

implementation of the exercise of thisright.

Test adopted to determine whether theamendment or revision will be right.

Quantitative = on how manyprovisions will be changed;

Qualitative = kind of change sought tobe effected.

Two stages in Amendments or Revisions:

1. Proposal;

3 Methods of Proposal:

1. Constitutional Assembly = votes of allits members in a CONASS, which is a non-legislative functions;2. Constitutional Convention = Sec 1, par 2and Sec 2, Article XVII 2/3 votes of all its members callsfor CONCON; by a majority vote of all itsmembers and submission to the electorate bymeans of plebiscite;

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3. Through peoples initiative (plebiscite) = apetition of at least 12% of the total registeredvoters, represented by at least 3% of alllegislative districts. Only limited to proposingamendments and not revisions, unlike the firsttwo.

It is a non self-executing provision, asprovided by par 2, Sec 2, Article XVII, despite

the enactment of RA 6735.RA 6735 is inadequate to cover thesystem of initiative to amend the constitutionbecause while Sec 3 mentions initiative on theConstitution and Sec 5 restates theconstitutional requirements as to thepercentage of registered voters needed for aproposal, the law does not provide for thecontents of a petition for initiative on theConstitution; while there are subtitles fornational and local initiatives, there is nosubtitle for the initiative on the Constitution;thus, the law is incomplete, and this

inadequacy cannot be cured by empoweringthe COMELEC to promulgate implementingrules and regulations.

A revision cannot be done by initiativewhich, by express provision of Section 2 ofArticle XVII of the Constitution, is limited toamendments. (Santiago vs. Comelec)

2. Ratification made through aplebiscite called for that purpose.Sec 4, Art XVII

Section 4. Any amendment to, or

revision of, this Constitution under

Section 1 hereof shall be valid whenratified by a majority of the votes

cast in a plebiscite which shall be

held not earlier than sixty days nor

later than ninety days after the

approval of such amendment or revision.Any amendment under Section 2 hereof

shall be valid when ratified by a majority of thevotes cast in a plebiscite which shall be heldnot earlier than sixty days nor later thanninety days after the certification by theCommission on Elections of the sufficiency ofthe petition.

Also Sec 32, Article VI, provides

for the creation of a system of

initiative and referendum, which is RA

6735

DOCTRINE OF STATE IMMUNITYThe State may not be sued without its

consent.Article XVI Section 3

Even without the above section, still thedoctrine applies, by virtue of Sec 2, Article 2,which is the Doctrine of Incorporation.

Under this doctrine,, such principles aredeemed incorporated in the law of everycivilized state as a condition and consequenceof its membership in the society of nations.

Sovereign Equality of States = par in

parem, non habet imperium. The royalprerogative of dishonesty, for it grantsprivilege to a state to defeat any legitimateclaim against it by simply invoking its non-suability.

Only when foreign states expresslywaives such, will the suit prosper.

There can be no legal right as againstthe authority that makes the law on which theright depends (Justice Holmes)Gen Rule: State cannot be sued.Except: There is consent;

Waiver

Kinds of waiver:EXPRESS WAIVER

Only the Congress can waive immunityfrom suit through enactment of a general orspecial law, since it is a derogation ofsovereignty.

a. General Laws:Act No 3083=money claims arising

from express or implied contracts with thegovt

CA No 327 = General Auditing Law asamended by PD 1445, which requires that allmoney claims against the govt must first befiled with COA before the suit is instituted incourt.

The ground of lack of cause of actionfor not having exhausted administrativeremedies will come to play if suit is not filedfirst to COA

If refused payment by COA, go to SCwith a petition for certiorari.

b. Special LawsArticle 2180, par 6 of the NCC = specialagents

The State is responsible in like mannerwhen it acts through a special agent; but notwhen the damage has been caused by theofficial to whom the task done properlypertains; in which case what is provided inArticle 2176 shall be applicable.

Article 2189 of the NCC = LGUsdefective maintenance of public works

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Provinces, cities and municipalitiesshall be liable for damages for the death of, orinjuries suffered by, any person by reason ofthe defective condition of roads, streets,bridges, public buildings, and other publicworks under their control or supervision.

Ownership is immaterial for what isdeterminative is who has control or

supervision of such road. City of DagupanCaseSec 4 of RA 409 refers to liability arising

from negligence in general, regardless of theobject thereof, whereas, Article 2189 of theNCC governs liability due to defective streetsin particular, even if such is a general law.City of Manila vs. Teotico

Sec 24, RA 7160 = LGUs liability fordamage to property.

Liability for Damages. - Localgovernment units and their officials are notexempt from liability for death or injury to

persons or damage to property.

IMPLIED WAIVERa. when the State commences

litigation, thus opening itself tocounterclaim;

b. When it enters to a contract with aprivate individuals

Old rule: State is deemed to have waivedimmunity, for he descends to the level of aprivate individual;New rule: Distinctions has to be made.(Restrictive Doctrine of State Immunity)

Government Acts (acta jureimperii) = only in this act, where immunityfrom suit can be availed by the State.

The transaction involves theimprovement of the wharves in the navalinstallation as Subic Bay. As this was agovernment function, the contract did notdivest the US of its sovereign immunity fromsuit. US vs. Ruiz

The ruling was unfair, but because theissue has become one of international law,state immunity applies. The remedy of theprivate individual is to convince the DFA totake up the case against the govt.

A driver of a municipality engaged inthe performance of governmental function, isexempt from liability. (damnum absque injuria)Municipality of San Fernando La Union vs

Judge Firma.

Private, Commercial andProprietary Acts (acta jure gestionis)

The restaurant services offered at theJohn Hay Station partake the nature of abusiness enterprise undertaken by the US

govt in its proprietary function, for it is opennot only to the member of the US ArmedForces but to the public, thus undoubtedly, it isoperated for profit as a commercial entity. USvs. Guinto

A celebration of town fiesta is not agovt function but a proprietary one, thus, themunicipality may be held liable for the injury

suffered by one of the workers who fell whileconstructing the same. The mere fact that thecelebration, as claimed was not to secureprofit or gain but merely to provideentertainment to the town inhabitants is not aconclusive test. Torio vs. Fontanilla

SUABILITY vs. LIABILITY OF THE STATESuability refers to the right of the state

to sue and be sued, while Liability merelygives the opportunity for the govt to be suedbut may be held not liable, when it proposespositive defenses to absolve it.

Municipal corporations exist in a dualcapacity, and their functions are two-fold. Inone, they exercise the right springing fromsovereignty, and while in the performance ofthe duties pertaining thereto, their acts arepolitical and governmental. Their agents andofficers in such capacity though elected andappointed by them are nevertheless publicfunctionaries performing a public service.

In the other capacity, they exercise aproprietary, private or corporate rights arisingfrom their existence as private person and notas public agencies.

In the case of Municipality of SanFernando vs. Judge Firme, the driver isexercising a governmental function, which isthat he is on his way to get a load of sand andgravel for the repair of the San Fernandomunicipal streets.

Q. What if the dump truck was carrying alumber for the repair of a public market?A. Public Market is a business enterprise of aLGU and is engaged in commercial andproprietary functions.

Q. After trial, judgment was rendered againstthe government, may the government funds inthe PNB be garnished or may the property ofthe government be levied?A. The waiver does not extend to theexecution of judgment, for another waiver isrequired. Otherwise the government will beparalyzed in the performance of its functions.

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REMEDY: To make necessary representationto the Congress to enact appropriationmeasures to satisfy the judgment.

If still the government refuses to enactthe appropriate measure. MANDAMUS will lie,for there is already a final judgment, and thestate should be the first the one to respect thecourts ruling. Municipality of Makati vs. CA

Generally the duty to appropriate isdiscretionary, however if there is already afinal judgment, it now becomes a ministerialduty.

Rule 67(Expropriation of Eminent Domain)Government entered the property

without undergoing the expropriationprocedure and proceeded to level out theproperty of petitioner, it is deemed an impliedwaiver because the State opened itself tolitigation whereby the petitioner may filecounterclaims for the failure of the govt to

expropriate the said property. Thus, where thegovt violated its own rules, the Doctrine ofimmunity cannot be invoked to perpetrateinjustice. Amigable vs. Cuenca

DFA intervened certifying that the HolySee is immune from the local jurisdiction. Thisbecame binding with the Courts renderingHoly See immune from suit, thereby the casewas dismissed. Holy See vs. Rosario

Suits against government agency:Incorporated = has a separate

personality distinct from the government. Lookat the charter, whether it can be sued or not;E.g. GSIS, SSS

Unincorporated = has no separatepersonality. Look for waiver of such agency.E.g. BIR, DOH, Customs

Suits against public officers:Gen rule: Doctrine of state immunity

applies when the public officers acts are in theperformance of their duties

Except: When the acts of the publicofficer in his official capacity are unlawful andinjurious to the rights of others;

Also acts committed in bad faith;Lastly, it does not apply where the

officer is being charged in his personalcapacity.Amado J. Lansang vs. CA

ARTICLE IV CITIZENSHIP

Section 1. The following are citizens ofthe Philippines:

[1] Those who are citizens of thePhilippines at the time of the adoption ofthis Constitution; (February 2, 1987)

[2] Those whose fathers or mothers arecitizens of the Philippines;

The Philippine law on citizenshipadheres to the principle of jus sanguinis.

Thereunder, a child follows the nationality orcitizenship of the parents regardless of theplace of his/her birth, as opposed to thedoctrine of jus soli which determinesnationality or citizenship on the basis of placeof birth.

[3] Those born before January 17, 1973,of Filipino mothers, who elect Philippinecitizenship upon reaching the age ofmajority; and

Exception to Sec 2. Upon election ofPhilippine citizenship, he/she is natural born.

Q. Can a legitimate child born under the1935 Constitution of a Filipino mother and analien father validly elect Philippine citizenshipfourteen (14) years after he has reached theage of majority?A. Those born of Filipino mothers and alienfathers before the effectivity of the 1935Constitution provides that they should electPhil. Citizenship at a reasonable time, which iswithin 3 years upon reaching the age ofmajority.

However if the child was illegitimate,the child will follow the citizenship of themother, which is Filipino.Re: Application forAdmission to the Philippine Bar, VicenteD. Ching, Bar Matter No. 914

The 1935 was the governing law, whereit provided that those whose fathers arecitizens of the Philippines, whether they belegitimate or not are citizens of the Philippines.

Any conclusion on the Filipinocitizenship of Lorenzo Pou could only be drawnfrom the presumption that having died in 1954at 84 years old, Lorenzo would have been bornsometime in the year 1870, when thePhilippines was under Spanish rule, and thatSan Carlos, Pangasinan, his place of residenceupon his death in 1954, in the absence of anyother evidence, could have well been his placeof residence before death, such that LorenzoPou would have benefited from the en masseFilipinization that the Philippine Bill hadeffected in 1902. That citizenship (of LorenzoPou), if acquired, would thereby extend to hisson, Allan F. Poe, father of respondent FPJ.

The 1935 Constitution, during which regime

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respondent FPJ has seen first light, conferscitizenship to all persons whose fathers areFilipino citizens regardless of whether suchchildren are legitimate or illegitimate. Tecsonvs. Comelec

[4] Those who are naturalized inaccordance with law.

Naturalized citizens are those who havebecome Filipino citizens throughnaturalization, generally under CA No. 473,otherwise known as the Revised NaturalizationLaw, which repealed the former NaturalizationLaw (Act No. 2927), and by RA No. 530. To benaturalized, an applicant has to prove that hepossesses all the qualifications and none of thedisqualification provided by law to become aFilipino citizen.

The decision granting Philippinecitizenship becomes executory only after two(2) years from its promulgation when the court

is satisfied that during the intervening period,the applicant has (1) not left the Philippines;(2) has dedicated himself to a lawful calling orprofession; (3) has not been convicted of anyoffense or violation of Governmentpromulgated rules; or (4) committed any actprejudicial to the interest of the nation orcontrary to any Government announcedpolicies.

Section 2. Natural-born citizens are thosewho are citizens of the Philippines frombirth without having to perform any actto acquire or perfect their Philippinecitizenship. Those who elect Philippinecitizenship in accordance with paragraph(3), Section 1 hereof shall be deemednatural-born citizens.

2 ways of acquiring citizenship:(1) by birth, and(2) by naturalization.

2 kinds of citizen: Bengson III vs. HRETNatural Born = are those citizens of the

Philippines from birth without having toperform any act to acquire or perfect hisPhilippine citizenship.

Except, those under Art 1, 3, who needsto elect Philippine citizenship. Sec 2

Naturalized = are those who havebecome Filipino citizens throughnaturalization, generally under CA No. 473,otherwise known as the Revised NaturalizationLaw, which repealed the former NaturalizationLaw (Act No. 2927), and by RA No. 530.(Sec 1,no 4)

Section 3. Philippine citizenship may belost or reacquired in the manner providedby law.

Filipino citizens who have lost theircitizenship may reacquire the same in themanner provided by law. CA No. 63enumerates the three modes by whichPhilippine citizenship may be reacquired by a

former citizen:

(1) by naturalization;A mode for both acquisition and

reacquisition of Philippine citizenship. As amode of initially acquiring Philippinecitizenship, naturalization is governed by CANo. 473, as amended. On the other hand,naturalization as a mode for reacquiringPhilippine citizenship is governed by CA No. 63(An Act Providing for the Ways in WhichPhilippine Citizenship May Be Lost orReacquired [1936]). Under this law, a former

Filipino citizen who wishes to reacquirePhilippine citizenship must possess certainqualifications and none of the disqualificationsmentioned in Section 4 of C.A. 473.

(2) by repatriation; andMay be had under various statutes by

those who lost their citizenship due to:(1) desertion of the armed forces

(Section 4, C.A. No. 63);(2) service in the armed forces of the

allied forces in World War II (Section 1, RA No.965 [1953]);

(3) service in the Armed Forces of theUnited States at any other time (Sec. 1, RA No.2630 [1960]);

(4) marriage of a Filipino woman to analien (Sec. 1, RA No. 8171= must be applied toSpecial Committee on Naturalization. [1995]);and

(5) political and economic necessity(Ibid).

As distinguished from the lengthyprocess of naturalization, repatriation simplyconsists of the taking of an oath of allegianceto the Republic of the Philippines andregistering said oath in the Local Civil Registryof the place where the person concernedresides or last resided.

Repatriation results in the recovery ofthe original nationality. This means that anaturalized Filipino who lost his citizenship willbe restored to his prior status as a naturalizedFilipino citizen. On the other hand, if he wasoriginally a natural-born citizen before he losthis Philippine citizenship, he will be restored to

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his former status as a natural-born Filipino.Antonio Bengson III vs. HRET

(3) by direct act of Congress.Requires:

Take an oath of allegiance;Registering in the Office of Civil

Registrar where he resides.

Section 4. Citizens of the Philippines whomarry aliens shall retain their citizenship,unless by their act or omission, they aredeemed, under the law, to haverenounced it.

It is now applicable not only to Filipinowomen, as provided by the 1973 Constitution,but to citizens, which include Filipino men.

In order that citizenship may be lost byrenunciation, such renunciation must beexpress.

In the case ofAznar v. COMELEC, theCourt ruled that the mere fact that he is anAmerican did not mean that he is no longer aFilipino, and that an application for an aliencertificate of registration was not tantamountto renunciation of his Philippine citizenship.

And, in Mercado v. Manzano andCOMELEC, it was held that the fact thatrespondent Manzano was registered as anAmerican citizen in the Bureau of Immigrationand Deportation and was holding an Americanpassport on April 22, 1997, only a year beforehe filed a certificate of candidacy for vice-mayor of Makati, were just assertions of hisAmerican nationality before the termination ofhis American citizenship.

Congressman Ong was born beforeJanuary 17, 1973 of Filipino mother andChinese father, who later became naturalizedFilipino, thus petitioner by DerivativeCitizenship followed his father. Co vs. HRET

Section 5. Dual allegiance of citizens isinimical to the national interest and shallbe dealt with by law.

Non-self executing provision.Dual allegiance, on the other hand,refers to a situation in which a personsimultaneously owes, by some positive act,loyalty to two or more states. While dualcitizenship is involuntary, dual allegiance is theresult of an individuals volition.

Hence, the phrase dual citizenship inR.A. No. 7160, Section 40(d) (LocalGovernment Code) must be understood as

referring to dual allegiance. Consequently,persons with mere dual citizenship do not fallunder this disqualification. Unlike those withdual allegiance, who must be subject to strictprocess with respect to the termination of theirstatus, for candidates with dual citizenship, itshould suffice if, upon the filing of theircertificate of candidacy, they elect Philippine

citizenship to terminate their status as personswith dual citizenship considering that theircondition is the unavoidable consequence ofconflicting laws of different states. Mercadovs. Manzano

Instances when a citizen of thePhilippines may possess dual citizenship:1) Those born of Filipino fathers and/ormothers in foreign countries which follow theprinciple ofjus soli;2) Those born in the Philippines of Filipinomothers and alien fathers if by the laws of

their fathers country such children are citizensof that country;3) Those who marry aliens if by the lawsof the latters country the former areconsidered citizens, unless by their act oromission they are deemed to have renouncedPhilippine citizenship.

Requisites for application of res judicatadoctrine in cases of citizenship:1) a persons citizenship be raised as amaterial issue in a controversy where saidperson is a party;2) the Solicitor General or his authorizedrepresentative took active part in theresolution thereof, and3) the finding on citizenship is affirmed bythis Court.Burca vs. Republic

RA 9225 = Citizenship Retention andReacquisition Act of 2003

2 situations:Retention and Reacquisition = there must betaking an oath of allegiance on either.

Section 4. Derivative Citizenship - Theunmarried child, whether legitimate,illegitimate or adopted, below eighteen (18)years of age, of those who re-acquirePhilippine citizenship upon effectivity of thisAct shall be deemed citizenship of thePhilippines.

STRUCTURE OF GOVERNMENTExecutive = power to implement the law(power of the sword) Sec 1, Article VI

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Legislative = power to enact, alter, amend orrepeal the law. (Power of the purse) Sec 1,Article VII

Judicial = power to interpret the law. (Powerof judicial review) Sec 1, Article VIII

Doctrine of Separation of Powers =purpose is to secure action, forestall over-

action, to prevent despotism and to obtainefficiency.

Principle of Checks and Balances =objective is to avoid the concentration ofpowers into one branch only. It is a system ofcounteraction by means of which onedepartment is allowed to resist enforcementupon its prerogatives or to rectify the mistakesor excesses committed by any of its co-equaldepartments.

Potestas delegate non delegari potesta=

What has been delegated cannot bedelegated:Except: PETAL

Delegation to people through initiativeand referendum; Article VI, Sec 32,

Enactment of the implementing law of RA6735 Delegation to the president of

emergency powers; Sec 23, par 2 Art.VI

Requisites:

1. In times of war or other nationalemergency;

2. For a limited period;3. Subject to such restrictions asCongress may prescribe;

4. To exercise powers necessaryand proper to carry out a declared nationalpolicy.

Last paragraph provides that there is noneed for another enactment of the law towithdraw such powers for it hall cease uponthe next adjournment of Congress.

Delegation of tariff powers to thepresident; Sec 28, par 2 Art. VI

Authorized by law enacted by Congress. Delegation to administrative bodies;

Delegation to LGU.Test for Valid Permissible Delegation:

Completeness Test = law must becomplete on all its essential terms andconditions when enacted, so that there shallbe nothing left to do when it reaches thedelegate but just to enforce it;

Sufficient Standard Test = limits of thelaw are sufficiently determinable anddetermined to which the delegate mustconform in the performance of his functions.

The legislative standard need not beexpressed, for it can be found in otherrepealed statutes or it may be simply gatheredor implied. Chiongbian vs. Orbos

ARTICLE VI LEGISLATIVE DEPARTMENT

Section 1. The legislative power shall bevested in the Congress of the Philippineswhich shall consist of a Senate and aHouse of Representatives, except to theextent reserved to the people by theprovision on initiative and referendum.

To be read in correlation with Sec 32,where legislative must enact a law for peoplesinitiative and referendum, which is RA 6735.

Q: this reservation of the people to directlyenact laws, is this self executing?A: NO. Sec. 32 of Article VI provides that thecongress shall as early as possible, provide fora system of initiative and referendum thus thecongress is mandated to enact that so calledinitiative and referendum law. Which thecongress has complied with the mandate byenacting R.A. 6735 the Initiative andReferendum Law.

Non-legislative function: When the Congress acts as Constituent

Assembly; Investigative power in aid of legislation;

Sec 21 Article VI Impeachment Court;

National Board of Canvassers inPresidential and Vice-presidentialelections;

Amnesty proclamations;

Declaration of State of War; Sec 23(1)Article VI

Determination of the Incapacity of thePresident to discharge his functions;Sec 11, last par Article VII

Emergency power delegated throughenactment of law; Sec 23(2) Article VI

Electoral tribunal;

Treaty concurrence; Sec 19, par 2Article VII

INITIATIVE Power of the people TO PROPOSEor AMEND a law

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REFERENDUM Power of the people TODECIDE whether or not an act or measurepassed by a legislative body should become alaw.

Composition of Congress:1. 24 Senators (Sec 2, Article VI)2. Number of members of House of

Representatives, have undergone changes, byreason of Article VI Sec 5(4). (Power ofreapportionment of legislative districts)

Within three years following thereturn of every census, the Congressshall make a reapportionment oflegislative districts based on thestandards provided in this section.

Bicameral Conference Committee Sec 27,Article VI

The mechanism for compromisingdifferences between the Senate and the

House.

Q. Discuss the nature of its function and itsjurisdiction?

A conference committee may dealgenerally with the subject matter or it may belimited to resolving the precise differencesbetween the two houses. Even where theconference committee is not by rule limited inits jurisdiction, legislative custom severelylimits the freedom with which new subjectmatter can be inserted into the conference bill.But occasionally a conference committeeproduces unexpected results, results beyondits mandate. These excursions occur evenwhere the rules impose strict limitations onconference committee jurisdiction. This issymptomatic of the authoritarian power ofconference committee. Philippine JudgesAssociation vs. Prado

Kinds of Congressman: District representatives = 80%

Party-list representative = 20% (ArticleVI Sec 5, par. 2.

The party-list representatives shall

constitute twenty per centum of thetotal number of representativesincluding those under the party list

The party-list system is a social justicetool designed not only to give more law to thegreat masses of our people who have less inlife, but also to enable them to becomeveritable lawmakers themselves, empoweredto participate directly in the enactment of lawsdesigned to benefit them.

It intends to make the marginalizedand the underrepresented not merely passiverecipients of the States benevolence, butactive participants in the mainstream ofrepresentative democracy.

The party-list system is not open to all,for there is qualifications to be complied with,for it would create a mirage and not hope to

the marginalized and unrepresented. AngBagong Bayani OFW Labor Party vs.Comelec

Inviolable parameters of party-listelection:Constitution and Republic Act No. 7941

Copied from the German Model Partylist System.

First, the twenty percent allocation- the combined number of all party-listcongressmen shall not exceed twenty percent

of the total membership of the House ofRepresentatives, including those elected underthe party list.

Formula:# of DR x 20 = # of PLR

80

E.g 320 x 20 = 80 party-listrepresentative

80If answer fractional representation, like

80.25, it will be 80 party-list representative.

For if it will be rounded-off, it will be 81, thusexceeding the 20% allocation. (GUIGONA vs.GONZALES)

Second, the two percent threshold -only those garnering a minimum of twopercent of the total valid votes cast for theparty-list system are "qualified" to have a seatin the House of Representatives.Formula:

Total # of party list votes x .02 = votesneeded for a qualifying party list seat

E.g 5M voted for party-list.5,000,000 x .02 = 100,000 votes

Third, the three seat limit - eachqualified party, regardless of the number ofvotes it actually obtained, is entitled to amaximum of three seats; that is, one"qualifying" and two additional seats.

Purpose is to avoid monopoly and toavoid a situation where on party-list may coverthe whole 20% allocation.

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Formula:Votes needed for qualifying seat x 3 =

3 party list seat.

E.g. 200,000 votes is for 1 qualifying seatMultiplied by 3, the party list needs at

least 600,000 or have 6% threshold votes tohave 2 additional seats.

Fourth, proportional representation- the additional seats which a qualified party isentitled to shall be computed "in proportion totheir total number of votes."

E.g. 200,000 votes is the 2% threshold limit.An additional 200,000 will give 1

additional seat and so thus another 200,000will give another last additional seat.

Q. 123 party-lists joined the 1998 elections,where there were 208 district Congressmen,

thereby 52 seats were allocated for party-listrepresentatives. Only 12 qualified for the 2%threshold limit, and 1 obtained an additionalseat. The Comelec distributed the remaining38 seats to the non-qualifying party-list, forreasons that social justice will be served ifmore party-list were elected. Is it proper?A. No, the act of Comelec is already a violationof the Doctrine of Separation of powers, for theLegislature had already provided RA 7941,which is the law that provided the fourinviolable parameters.

With regard to the remaining seats,

nothing can be done. It should not be allocatedto anyone because Sec 5(2) Article VI is notmandatory, for it merely provides a ceiling forthe party-list in Congress. VeteransFederation Party vs. Comelec

Q. What is to be done on votes tallied in favorof a party-list who did not qualify, should it bededucted?A. The doctrines laid down in Labo and Gregois to be reviewed.

In the Labo case, the votes cast for anineligible candidate cannot be considered asstray votes; otherwise the voters will bedisenfranchised. However if the voters voted infavor of the candidate fully knowing that he isdisqualified, such votes are stray.

Despite such, party list does not involvea single elective post as held in Labo andGrego.

RA 7941, Sec 10, provides that a votecast for a party, sectoral organization, orcoalition not entitled to be voted for shall notbe counted.

Parliamentary Immunities: Article VI, Sec11

Privileged from arrest = A Senatoror Member of the House of

Representatives shall, in all offenses

punishable by not more than six years

imprisonment, be privileged from arrest

while the Congress is in session.

Session means from the opening to theadjournment of session.

Two kinds:

Regular = Sec 15, Article VI

Section 15. The Congress shallconvene once every year on the fourth

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 beforethe opening of its next regular

session, exclusive of Saturdays,

Sundays, and legal holidays.

Q. What if after 15 days from thefourth Monday of July, the Congress

adjourned. Is it valid?

A. Yes. Article VI, Sec 15 provides that thedetermination of the number of days isdetermined by Congress, for as long as such is30 days before opening if regular session.(Compulsory Adjournment Session)

Special =Article VI, Sec 15 lastsentence; The President may call a specialsession at any time.

Instances where Congress may meet

in special session without call by

president:

Declaration of State of War; Sec 23(1)Article VI

Determination of the Incapacity of thePresident to discharge his functions;Sec 11, last par Article VII

Revocation of the proclamation ofmartial law or suspension of theprivilege of the writ of habeas corpus;Sec 18 Article VII

In case of vacancy of both Pres and VPpositions, Congress enact a law callingfor a special election; Sec 10 Article VII

Impeachment Cases;

In the matter of canvassing theelections of Pres and VP;

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Q. May Congressman Jalosjos invoke theprivilege from arrest?

A. No. Jalosjos has not given anyreason why he should be exempted from

the operation of the immunity. The

Congress cannot compel absent person

members to attend sessions if the

reason for their absence is alegitimate one.

The performance of legitimate andeven essential duties by public officers hasnever been an excuse to free a person validlyin prison.

The importance of a function dependson the need for its exercise. The duty of amother to nurse her infant is most compellingunder the law of nature. A doctor with uniqueskills has the duty to save the lives of thosewith a particular affliction. An electivegovernor has to serve provincial constituents.

A police officer must maintain peace andorder. Never has the call of a particular dutylifted a prisoner into a different classificationfrom those others who are validly restrainedby law.

Q. Is he entitled to post bail?A. The fact that he is alreadyconvicted in the RTC is an indication

that evidence of his guilt is strong.

Hence he is not entitled to bail.

Doctrine of Condonation or Forgiveness:

The court should never remove anelective public officer for acts done prior to hispresent term of office. When the people haveelected a man to office, it must be assumedthat they did this with the knowledge of his lifeand character, and that they disregarded orforgave his fault or misconduct, if he had beenguilty of any. It is not for the Court, by reasonof such fault or misconduct, to practicallyoverrule the will of the people. (Aguinaldovs. Santos)

Applies only in administrative

cases not to criminal cases.

Disenfranchising the electorate.Election is the expression of the

sovereign power of the people. In the exerciseof suffrage, a free people expect to achievethe continuity of government and theperpetuation of its benefits.

However, in spite of its importance, theprivileges and rights arising from having beenelected may be enlarged or restricted by law

When the voters of his district electedthe accused-appellant to Congress, they did sowith full awareness of the limitations on hisfreedom of action. They did so with theknowledge that he could achieve only suchlegislative results which he could accomplishwithin the confines of prison. To give a moredrastic illustration, if voters elect a person with

full knowledge that he is suffering from aterminal illness, they do so knowing that atany time, he may no longer serve his full termin office.

Freedom of speech and debate =No Member shall be questioned nor be

held liable in any other place for any

speech or debate in the Congress or in

any committee thereof.

Q. Senator X delivered a speech, where hemaligned Mr. Y. Will an action for oral

defamation or slander filed against Senator Xprosper?A. No. Section 15, Article VI providesfor any speech or debate in Congress,

the Senators or Members of the House of

Representatives shall not be questioned

in any other place. Nevertheless they

can be questioned in Congress itself.

Q. What if Senator X was expelled fromSenate because he delivered a speech

that maligned the President? Is it a

valid expulsion?

A. Yes. Privilege of speech and debateguarantees the legislator complete freedom ofexpression without fear of being maderesponsible in any other forum outside theCongressional Hall. But it does not protect himfrom responsibility before the legislative bodyitself when his words and conduct areconsidered by the latter disorderly orunbecoming a member thereof. Osmena vs.Pendatun.

Q. Is the right to post bail a matter of right ormatter of discretion?

A. Under Article III Section 13All persons, except those charged

with offenses punishable by reclusionperpetua when evidence of guilt isstrong, shall, before conviction, bebailable by sufficient sureties, or bereleased on recognizance as may beprovided by law. The right to bail shallnot be impaired even when the privilegeof the writ of habeas corpus is

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suspended. Excessive bail shall not berequired.

Matter of right = before convictionand when the offense charged is with apenalty less than reclusion perpetua;

Matter of discretion = offender ischarged with a crime the penalty of which isreclusion perpetua and the evidence of guilt is

strong.

Q. What if the charge is homicide and theevidence of guilt is strong?A. The accused is entitled to post bail even ifthe evidence is strong, for the penalty forhomicide is reclusion temporal.

Rules of Court:On MTC = matter of right before or afterconviction;On RTC = only matter of right beforeconviction unless such is punishable by death,

reclusion perpetua, or life imprisonmentRule 114 Sec. 4. Bail, a matter of right; exception. All persons in custody shall be admitted to bail as a matterof right, with sufficient sureties, or released onrecognizance as prescribed by law or this Rule (a) beforeor after conviction by the Metropolitan Trial Court,Municipal Trial Court, Municipal Trial Court in Cities, orMunicipal Circuit Trial Court, and (b) before conviction bythe Regional Trial court of an offense not punishable bydeath, reclusion perpetua, or life imprisonment.

Rule 114 Sec. 5. Bail, when discretionary. Uponconviction by the Regional Trial Court of an offense notpunishable by death, reclusion perpetua, or lifeimprisonment, admission to bail is discretionary.

If the penalty imposed by the trial court isimprisonment exceeding six (6) years, the accused shallbe denied bail, or his bail shall be cancelled upon ashowing by the prosecution, with notice to the accused, ofthe following or other similar circumstances:(a) That he is a recidivist, quasi-recidivist, or habitualdelinquent, or has committed the crime aggravated by thecircumstance of reiteration;(b) That he has previously escaped from legalconfinement, evaded sentence, or violated the conditionsof his bail without valid justification; That he committed the offense while under probation,parole, or conditional pardon;(d) That the circumstances of his case indicate theprobability of flight if released on bail; or(e) That there is undue risk that he may commit anothercrime during the pendency of the appeal.

Power of the CongressPrincipal function and prerogative of

the Congress to enact, ordain, alter, amend orabrogate existing laws. LAW MAKINGPROCESS

GEN. RULE:The Bill may be introduced either from

Senate or the House of Representatives.

Section 24. All appropriation, revenue or tariff bills,bills authorizing increase of the public debt, bills oflocal application, and private bills, shall originateexclusively in the House of Representatives, but theSenate may propose or concur with amendments.

EXCEPTIONS: (APRIL) bills which shalloriginate exclusively in the House ofRepresentative:

1. Appropriation Bill2. Private Bills3. Revenue Bills4. Increasing Public Debts5. Local Application

It is the Bill which shall originateexclusively with the House of Representativeand not the Law, BUT Senate may concur withamendments.

The SC ruled that there was noviolation of this section, provided that the billoriginates from the HR and not the law itself.Senate can propose its own version even withrespect to bills which are required by theConstitution to originate in the House.(Tolentino vs. Secretary of Finance)

Section 26. (1) Every bill passed by the Congressshall embrace only one subject which shall beexpressed in the title thereof.

One-subject One title Rule

Objectives:1. To prevent hodge-podge or log-rolling2. To avoid surprises or fraud

3. To fairly appraise the people of theexistence of the bill.It is the subject which is required to be

expressed in the title and NOT its EFFECT

SC ruled, with respect to Sec.26 par. 1, thatthe title of the bill need not be an index of thecontents thereof. There is a substantialcompliance as long as the various provisionsare germane to the subject matter which mustbe the one express in the title. The SupremeCourt has adopted a liberal interpretation.

Liberal Interpretation Rule:Constitution is sufficiently compliedwith where the title is comprehensive enoughto embrace the general objective it seeks toachieve, and if all the parts of the statute arerelated and germane to the matter embodiedin the title. (De Guzman vs. COMELEC)

(2) No bill passed by either House shall become alaw unless it has passed three readings on separatedays, and printed copies thereof in its final formhave been distributed to its Members three daysbefore its passage, except when the President

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certifies to the necessity of its immediateenactment to meet a public calamity or emergency.Upon the last reading of a bill, no amendmentthereto shall be allowed, and the vote thereon shall

be taken immediately thereafter, and theyeas

andnays entered in the Journal.

3 Readings on Separate Days Rule:GR: 3 separate readings by either house andprinted final form has been distributed 3 days

before its passage to the membersExcept: The President certifies to the necessityof its immediate enactment to meet a publiccalamity or emergency

Therefore the bill will undergo a

total of 6 readings. 3 from HR and

another 3 from Senate

After three readings it will be sent tothe other house wherein it will undergo thesame cumbersome process.

Q. What constitute a public calamity?A. Depends on the discretion of the

President. It is a political questionand not subject to judicial review.

Bicameral Conference Committee:Cannot be found in the constitution but

it can be inferred from Section 16 (3) Art. VIpower of each house todetermine/promulgate its Rules ofProceedings.

Not only does it provide a mechanismfor compromising differences between theSenate and the HR, for legislative customlimits the freedom with which the new subjectmatter can be inserted into the conference bill.But occasionally a conference committeeproduces unexpected results which arebeyond its mandate. (Philippine Judges vs.Prado)

NATURE OF THE FUNCTIONS OF THE BCCA mechanism for reconciling

differences between the Senate and theHouse. Members shall come from both houses.

From the Bicameral the consolidatedversion will sent back to both houses ofcongress, there it will be subjected to votation,thereafter; it shall be sent to the President forhis signature.

When the nays overcome yeas, therewould be another Bicameral Conference untilsuch time they all have agreed.

ENROLLED BILL DOCTRINE:Once it becomes an enrolled bill, it

becomes CONCLUSIVE upon the courts as toits due enactment and execution, thus theycan no longer inquire into the process of its

enactment for the reason of the Doctrine ofSeparation of Powers.

CONFLICT BETWEEN THE ENROLLED BILL ANDTHE JOURNAL:GENERAL RULE: Enrolled Bill PrevailsEXCEPTION:

With respect as to the matters which

are required by the constitution to be enteredinto journal, the journal is regarded asconclusive.1. the yeas and nays in the final reading2. yeas and nays in any questions at therequest of 1/5th of the members present3. the yeas and nays upon re-passing a billthat was already vetoed by the President4. the Presidents objection to a bill he hadvetoed.

OPTION OF THE PRESIDENT WHEN A BILL ISSUBMITTED FOR HIS SIGNATURE:

1. He may SIGN it into law2. VETO the bill3. INACTION 30 days after receipt of the bill,if he does not act, it automatically becomes alaw.

POCKET VETOThere is none in the Philippines but this

is recognized in the U.S. where the inaction ofthe bill does not make it into bill.

Instances where a Bill may become a laweven without the signature of the President:\1. Inaction2. the Bill was presented to the President,vetoed it and the congress was able tooverride the veto by 2/3 vote.

Instances where an ordinance becomes validwithout the signature of the local ChiefExecutives:1. When the Sanggunian sent the ordinance tothe local chief executive and the latter failedto act.

Governor: failed to act within 15 daysMayor: failed to act within 10 days

2. It is vetoed by the local chief executive butwhen sent back to sanggunian, it was override.

VETO POWER OF THE PRESIDENTSection 27. (1) Every bill passed by the Congressshall, before it becomes a law, be presented to thePresident. If he approves the same he shall sign it;otherwise, he shall veto it and return the same withhis objections to the House where it originated,which shall enter the objections at large in its

Journal and proceed to reconsider it. If, after suchreconsideration, two-thirds of all the Members ofsuch House shall agree to pass the bill, it shall besent, together with the objections, to the other

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House by which it shall likewise be reconsidered,and if approved by two-thirds of all the Members ofthat House, it shall become a law. In all such cases,the votes of each House shall be determined by

yeas or nays, and the names of the

Members voting for or against shall be

entered in its Journal. The President

shall communicate his veto of any bill

to the House where it originated within

thirty days after the date of receiptthereof, otherwise, it shall become a

law as if he had signed it.

General Veto of the President ALL orNOTHING

The President vetoes the bill in itsENTIRETY and the bill does not become a law.

Exception inappropriate provisionsare treated as an item veto.

(2) The President shall have the power to veto anyparticular item or items in an appropriation,revenue, or tariff bill, but the veto shall not affect

the item or items to which he does not object.ITEM OR LINE VETO

It is an exception to the general rulethat the President cannot veto a bill withoutvetoing the entire bill.It applies only to 3 kinds of Bill (ART)1. Appropriation Bills2. Revenue Bills3. Tariff Bills

Doctrine of Inappropriate ProvisionsSec 25(2) Article VINo provision or enactment shall be embraced in thegeneral appropriations bill unless it relatesspecifically to some particular appropriationtherein. Any such provision or enactment shall belimited in its operation to the appropriation towhich it relates.

It must relate specifically to someparticular appropriation therein, otherwise itbecomes an inappropriate provisions.

POWER OF IMPOUNDMENTIt is the refusal of the President to use

the fund appropriated by Congress. In effect itbecomes another kind of veto power of the

President not found in the Constitution.

Instances where the President participate inthe law making-process:1. When the President exercises his Vetopower (Sec. 27, Art. VI)2. When the president calls for Special Session(Sec. 15, Art. VI)3. When the President certifies the urgency ofthe bill to meet Public Calamity or Emergency(Sec. 26, par 2 Art. VI

NOTE:As a general rule: before a bill becomes

a law, it should undergo 3 readingsEXCEPTION: When the President

certifies the urgency of the bill4. The President signs a bill that becomes alaw (Sec. 27, Art. VI)5. The President prepares the budget which is

the basis of the General appropriation.(Sec.22 Art. VII)

BODIES ATTACHED TO CONGRESS1. Commission on Appointments2. Electoral Tribunal

a. House of Rep. Electoral Tribunal.b. Senate Electoral Tribunal

ELECTORAL TRIBUNALSection 17. The Senate and the House ofRepresentatives shall each have an ElectoralTribunal which shall be the sole judge of allcontests relating to the election, returns, and

qualifications of their respective Members. EachElectoral Tribunal shall be composed of nineMembers, three of whom shall be Justices of theSupreme Court to be designated by the Chief

Justice, and the remaining six shall be Members ofthe Senate or the House of Representatives, as thecase may be, who shall be chosen on the basis ofproportional representation from the politicalparties and the parties or organizations registeredunder the party-list system represented therein.The senior Justice in the Electoral Tribunal shall beits Chairman.

MEMBERS:Each Electoral Tribunal shall be

composed of 9 members: HRET/ SET

JUDICIAL COMPONENT: 3 Justices of the Supreme Court, theCHAIRMAN is the most senior among the threeLEGISLATIVE COMPONENT:

6 Congressmen or senators as the casemay be, chosen on the basis of proportionalrepresentation from political parties havingmembership in the House or Senate.

REMEMBER:Electoral Tribunal may meet when

Congress is NOT in session, they shall meet inaccordance with their rules regardless ofwhether the Congress is in session, BUT COACANNOT meet when Congress is not in sessionas mandated by Sec. 19, thats why there aread interim appointment.

From the Decision of the ElectoralTribunal there can be NO APPEAL. TheElectoral Tribunal is the SOLE JUDGE of allcontests relating to election, returns andqualifications of their respective membershence No appeal from their decision.

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REMEDY:CERTIORARI under RULE 65 based on

grave abuse of discretion.To be filed to the SUPREME COURT, the

composition itself of the E.T. is composed of 3Justices of the Supreme Court. It is but properthat the Supreme Court will review their actsand not the Court of Appeals.

No appeal is allowed in the decisions of HRETand SET, for being the sole judge and since itis merely a statutory right.

Remedy is to file a petition under Rule65, for grave abuse of discretion.

Sec. 6 of RA 6646, provides that if for anyreason the candidate sought to be disqualifiedbefore the election and who later on won, theCOMELEC and not the HRET has a continuous

jurisdiction over such disqualification since sheis not yet elected. (Imelda vs. Comelec)

Once a winning candidate has beenproclaimed, taken his oath and assumed officeas a member of the HR, the COMELECs

jurisdiction over election contest relating to hiselection, returns and qualification ends andthe HRETs jurisdiction has begun. (Farinasvs. COMELEC)

Members of the HRET/SET shall have

security of tenure to insure their

impartiality and independence. (Bondoc

vs. Pineda)

COMMISSION ON APPOINTMENTSSection 18. There shall be a Commission onAppointments consisting of the President of the

Senate, as ex officio Chairman, twelve

Senators, and twelve Members of the

House of Representatives, elected by

each House on the basis of proportional

representation from the political

parties and parties or organizations

registered under the party-list system

represented therein. The chairman of

the Commission shall not vote, except

in case of a tie. The Commission shall

act on all appointments submitted to it

within thirty session days of theCongress from their submission. The

Commission shall rule by a majority

vote of all the Members.

25 MEMBERS:1 Senate Pres. Ex-officio Chairman12 Senators12 Congressmen

Congressmen and Senators are chosenon the basis on proportional representation

from the political parties having membershipin the House or Senate.

MAIN FUNCTION:To act on Presidential appointment.

Created to limit the power of thePresident, for they confirm the nomination of

the President.Only meet when Congress is in session,thereby ad-interim appointments are made.

Formula for both COA and HRET/SET:No of members/party x No of seats available

Total no of Senators/Congressmen

E.g. 10 x 12 = 524

E.g.Political party No. of Members Seats allocated

PPC 10 5

LAMP 8 4LAKAS 4 2

LDP 2 1Total 24 12

12 seats are not mandatory, so long as there isa quorumFractional representation is not allowed.

Section 19. The Electoral Tribunals and theCommission on Appointments shall be constitutedwithin thirty days after the Senate and the House ofRepresentatives shall have been organized with theelection of the President and the Speaker. TheCommission on Appointments shall meet only while

the Congress is in session, at the call of itsChairman or a majority of all its Members, todischarge such powers and functions as are hereinconferred upon it.

Section 20. The records and books of

accounts of the Congress shall be

preserved and be open to the public in

accordance with law, and such books

shall be audited by the Commission on

Audit which shall publish annually an

itemized list of amounts paid to and

expenses incurred for each Member.

Section 21. The Senate or the House of

Representatives or any of its respective committeesmay conduct inquiries in aid of legislation inaccordance with its duly published rules ofprocedure. The rights of persons appearing in, oraffected by, such inquiries shall be respected.

Congress has the Power to Conductinquires in aid of LegislationNon legislative power for investigation

Legislative Contempt

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Where a person did not cooperate with thesaid inquiry when summoned by the House ofRepresentatives or by the Senate, he may bedeclared in contempt and the President cannotpardon it, may be sent to jail for such time thathe wants to cooperate. (Arnault vs.Nazareno)

No pardon for it will violate the Doctrine

of Separation of Powers.Gen. Rule: Power of Contempt is judicial incharacter (inherent in the court)Except: Congress or any of its committeewhen conducting inquires in aid of legislation

Not a political question thus can besubject to judicial review.

Not absolute: In aid of legislation;

In accordance with its duly publishedrules of procedure;

Rights of the persons appearing or

affected by such inquiries shall berespected.

The Oversight Functions ofCongress or legislative veto oversubordinate legislations or the rules andregulations promulgated by administrativeagencies of the government is anindispensable power of the Congress for thedischarge of such broad power to legislate.

Embraces all activities undertaken bythe Congress to enhance its understanding ofand influence over the implementation of

legislation it has enacted. It has been held thatsuch power of oversight is intrinsic in the grantof legislative power itself and integral to thechecks and balances inherent in a democraticsystem of government.

Oversight concerns post-enactmentmeasures undertaken by Congress:

To monitor bureaucraticcompliance with program objectives;

To determine whether agenciesare properly administered;

To eliminate executive wasteand dishonesty;

To prevent executive usurpationof legislative authority;

To assess executive conformitywith the congressional perception of publicinterest.

The oversight power has also beenused to insure the accountability of regulatorycommissions. (Macalintal vs. Comelec)

Categories of Congressional OversightFunctions:

a. strict scrutinyIt implies a lesser intensity and

continuity of relations to administrativeoperations. Its primary purpose is to determineeconomy and efficiency of the operation ofgovernment activities. It is based primarily onthe power of appropriation of Congress.

In the exercise of this legislative

scrutiny, Congress may:1. May request information and reportfrom the other branches of thegovernment;

2. It can give recommendations or passresolutions for the consideration of theagency involved;

3. Exercise scrutiny through its power ofconfirmation by sharing in theappointing power of the President.

b. InvestigationThis power involves more intense

digging of facts. This is recognized by the 1987

Constitution under Section 21, Article VI, butnevertheless even without such, congressionalinvestigation has been held to be an essentialand appropriate auxiliary to the legislativefunction.

It has limitations: It must be in aid of legislativefunctions; It must be conducted in accordancewith duly published rules of procedure; The persons appearing therein areafforded the constitutional rights.

c. supervision

Connotes a continuing and informedawareness on the part of the congressionalcommittee regarding executive operations in agiven administrative area. Unlike the first twocategories, which involves past actions, inhere Congress scrutinize the exercise ofdelegated law-making authority and permitsCongress to retain part of this delegatedauthority.Congress exercises its supervision over theexecutive agencies through its veto power.

Section 13 Art. VI

No Senator or Member of the House Rep. mayhold any other office or employment in the Govt. orany subdivision, agency or instrumentality thereof,including GOCC or their subsidiaries during theirterm without forfeiting his seat.

INCOMPATIBLE OFFICE

Neither shall he be appointed to any office which hemay have been created or the emoluments thereofincreased during the term for which he waselected

FORBIDDEN OFFICE

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Incompatible Office Forbidden OfficeOne which may notbe held by a memberduring his TERM ofoffice WITHOUTFORFEITING HIS SEAT

One which isFORBIDDEN by laweven if he is willingto forfeit his seat.

A member mayvalidly appointed but

he forfeits his seatsQ: is it necessary forhim to resign beforehe accepts that otheroffice?A: NO need to resign,it is automatic

He may not bevalidly appointed

More of an inhibition More of a prohibition

Q: Congressman X was appointed as Sec. ofDENR. Can he validly accept the appointment?A: Yes No need to resign BUT he cannot go

back in his former position.

Q: Congress created a new office, Urban PoorCommission. It appropriated 20 M.Congressman X resigned and applied for thatposition. Can he be validly appointed?A: NO. It was created during the term in whichhe was elected. Even if he is willing to resign,he cannot still be appointed because it isforbidden office.

ARTICLE VII EXECUTIVE DEPARTMENT

Section 1. The executive power shall be vested inthe President of the Philippines.

Correlate with Doctrine of FaithfulExecution

Section 17. The President shall have controlof all the executive departments, bureaus, andoffices. He shall ensure that the laws be faithfullyexecuted.

Executive Power includes the power toexecute, administer the law. Any power that isneither legislative nor judicial.

Case: Marcos vs. ManlapusReturn of Marcos from exile.

The Supreme Court held that the President,aside from the powers which he may exercisegranted to him by the Constitution, he also hasthe unstated RESIDUAL POWERS, powerswhich are not found in the constitution but hemay validly exercise.

Section 2. No person may be elected Presidentunless he is a natural-born citizen of thePhilippines, a registered voter, able to read andwrite, at least forty years of age on the day of theelection, and a resident of the Philippines for at

least ten years immediately preceding suchelection.

Qualifications:1. Natural-born Citizen of the Philippines2. Registered Voter3. Able to read and write4. At least 40 years of age on the day of theelection5. Resident of the Philippines for at least 10years immediately preceding the election

Section 3. There shall be a Vice-President who shallhave the same qualifications and term of office andbe elected with, and in the same manner, as thePresident. He may be removed from office in thesame manner as the President.The Vice-President may be appointed as a Memberof the Cabinet. Such appointment requires noconfirmation.

Example of appointment by thePresident where COA has no confirmation.

Section 4. The President and the Vice-Presidentshall be elected by direct vote of the people for aterm of six years which shall begin at noon on thethirtieth day of June next following the day of theelection and shall end at noon of the same date, sixyears thereafter. The President shall not be eligiblefor any re-election. No person who has succeededas President and has served as such for more thanfour years shall be qualified for election to thesame office at any time.No Vice-President shall serve for more than twosuccessive terms. Voluntary renunciation of theoffice for any length of time shall not be consideredas an interruption in the continuity of the servicefor the full term for which he was elected.Unless otherwise provided by law, the regularelection for President and Vice-President shall be

held on the second Monday of May.The returns of every election for President andVice-President, duly certified by the board ofcanvassers of each province or city, shall betransmitted to the Congress, directed to thePresident of the Senate. Upon receipt of thecertificates of canvass, the President of the Senateshall, not later than thirty days after the day of theelection, open all the certificates in the presence ofthe Senate and the House of Representatives in

joint public session, and the Congress, upondetermination of the authenticity and due executionthereof in the manner provided by law, canvass thevotes.The person having the highest number of votesshall be proclaimed elected, but in case two or more

shall have an equal and highest number of votes,one of them shall forthwith be chosen by the voteof a majority of all the Members of both Houses ofthe Congress, voting separately.The Congress shall promulgate its rules for thecanvassing of the certificates.

The Supreme Court, sitting en banc, shall be

the sole judge of all contests relating

to the election, returns, and

qualifications of the President or

Vice-President, and may promulgate its

rules for the purpose.

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Terms: 6 years (shall begin at noon of 30th

day of June next following the day of theelection and shall end at noon of the samedate 6 years thereafter)

Limitations: President shall not be eligiblefor any re-election.

Case of EstradaNot eligible for reelection, for he hasserved as President, unlike PGMA, where shesucceeded to the Presidency, thereby notelected as President, thus can run forpresidency.

Section 5. Before they enter on the execution of

their office, the President, the Vice-

President, or the Acting President

shall take the following oath or

affirmation:I do solemnly swear [or affirm] that I will faithfullyand conscientiously fulfill my duties as President

[or Vice-President or Acting President] of thePhilippines, preserve and defend its Constitution,execute its laws, do justice to every man, andconsecrate myself to the service of the Nation. Sohelp me God. [In case of affirmation, last sentencewill be omitted].

Valid Causes for Permanent Vacancy inthe PresidencySection 8. In case of death, permanent disability,removal from office, or resignation of the President,the Vice-President shall become the President toserve the unexpired term. In case of death,permanent disability, removal from office, orresignation of both the President and Vice-President, the President of the Senate or, in case of

his inability, the Speaker of the House ofRepresentatives, shall then act as President untilthe President or Vice-President shall have beenelected and qualified.The Congress shall, by law, provide who shall serveas President in case of death, permanent disability,or resignation of the Acting President. He shallserve until the President or the Vice-President shallhave been elected and qualified, and be subject tothe same restrictions of powers anddisqualifications as the Acting President.

1. Death2. Permanent Disability3. Removal from office by way of impeachment

4. Resignation

Estrada vs. DesiertoThe Supreme Court ruled that Erap

resigned by applying the Totality Testa. intent to resignb. coupled by an action of relinquishment , notcovered by any requirement as to form ofresignation, may be oral or written, express orimplied. Totality of prior, contemporaneousand posterior facts and circumstantial

evidence bearing a material relevance to theissue.

Section 9. Whenever there is a vacancy in the Officeof the Vice-President during the term for which hewas elected, the President shall nominate a Vice-President from among the Members of the Senateand the House of Representatives who shall assumeoffice upon confirmation by a majority vote of allthe Members of both Houses of the Congress,

voting separately.In case of vacancy in the Vice-Pres, The

President may nominate among the membersof BOTH houses voting separately.

Section 13. The President, Vice-President, theMembers of the Cabinet, and their deputies orassistants shall not, unless otherwise provided inthis Constitution, hold any other office oremployment during their tenure. They shall not,during said tenure, directly or indirectly, practiceany other profession, participate in any business, orbe financially interested in any contract with, or inany franchise, or special privilege granted by theGovernment or any subdivision, agency, or

instrumentality thereof, including government-owned or controlled corporations or theirsubsidiaries. They shall strictly avoid conflict ofinterest in the conduct of their office.

Nepotic AppointmentsThe spouse and relatives by consanguinity oraffinity within the fourth civil degree of thePresident shall not, during his tenure, be appointedas Members of the Constitutional Commissions, orthe Office of the Ombudsman, or as Secretaries,Undersecretaries, chairmen or heads of bureaus oroffices, including government-owned or controlledcorporations and their subsidiaries.

Section 14. Appointments extended by anActing President shall remain effective, unlessrevoked by the elected President, within ninetydays from his assumption or reassumption ofoffice.

Section 15. Two months immediately beforethe next presidential elections and up to theend of his term, a President or Acting Presidentshall not make appointments, excepttemporary appointments to executivepositions when continued vacancies thereinwill prejudice public service or endanger public

safety.SPECIFIC POWERS OF THE PRESIDENT:1. Section 16, Art 7 Appointing Power of thePresident carries with it the power of removal(implied from his appointing power)2. Section 17, Art 7 Power of Control of allexecutive departments, bureaus and offices.With respect to LGU, merely a GeneralSupervision (Section 4, Art. X)3. Section 18, Art 7 _ Military Power

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4. Section 19 Pardoning power5. Section 20 Borrowing Power6. Section 21 Treaty-making power

Section 16. The President shall nominate and,with the consent of the Commission onAppointments, appoint the heads of theexecutive departments, ambassadors, other

public ministers and consuls, or officers of thearmed forces from the rank of colonel or navalcaptain, and other officers whoseappointments are vested in him in thisConstitution. He shall also appoint all otherofficers of the Government whoseappointments are not otherwise provided forby law, and those whom he may be authorizedby law to appoint. The Congress may, by law,vest the appointment of other officers lower inrank in the President alone, in the courts, or inthe heads of departments, agencies,commissions, or boards.

The President shall have the power to makeappointments during the recess of theCongress, whether voluntary or compulsory,but such appointments shall be effective onlyuntil disapproved by the Commission onAppointments or until the next adjournment ofthe Congress.

Appointing PowerNot all appointments made by the

President shall be made a subject ofconfirmation by the COA

There were only several groupswhich require confirmation by the COA:o Heads of the Departments orCabinet secretariesEXCEPT: Vice-Pres. He/she does not need tobe confirmed by the Comm. Of Appointmentswhen appointed as a cabinet secretary (Sec. 3Art VII)

o Ambassadors and other Publicministers and consulso AFP officers from the rank ofColonel or Naval Captain

o Other officers whoseappointments are vested in him in theConstitution

REMEMBERThe list is EXCLUSIVE, thus Congress

cannot enact a law altering the officers whichrequire confirmation of the COA under Sec. 16Art 7 by way of reduction or addition.

AD-INTERIM APPOINTMENTS

An appointment made by the Presidentwhen Congress is not in session whether theappointment is voluntary or compulsory.

NATURE:The appointment is permanent and

takes effect immediately. The one appointedthereto can immediately assume office. The

President actually appoints and does notmerely nominate.

REGULAR APPOINTMENTAppointments made when Congress is

in session.

NATURE:Appointment does not take effect

immediately. It takes effect only after hisappointment has been confirmed by theComm. Of Appointment, he cannotimmediately assume office. The President

merely nominates the appointee. Unlike an ad-interim appointment, if later on hisappointment is not confirmed, he still maintainhis former position, meantime, if hisappointment was disapproved or by-passed,he does not lose his former office.

REAL DISTINCTION LIES IN THE EFFECTIVITY

IN AD-INTERIM APPOINMENT AUTOMATIC,the appointee can immediately assume office.

There is a risk involved, runs the risk oflosing both offices.

IN REGULAR APPOINTMENT cannotimmediately assume office, does not takeeffect immediately. Wait until affirmed by theComm. Of Appointment.

LIMITATIONS ON THE APPOINMENTPOWER OF THE PRESIDENT:

1. Sec. 13 (2nd par)2. Sec. 143. Sec 15 .exception temporaryappointments to executive positions whencontinued vacancies shall prejudice publicservice or public safety.

Section 15. Two months immediately before the next

presidential elections and up to the

end of his term, a President or Acting

President shall not make appointments,

except temporary appointments to

executive positions when continued

vacancies therein will prejudice public

service or endanger public safety.

Directed against 2 types of appointments:

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1. Appointments made for the purpose ofbuying votes or influencing the result of theelection.

These refers to those appointmentsmade within the 2 months preceding apresidential election and are similar to thosewhich are declared election offenses in the

omnibus election code.2. Appointments made for the purpose ofpartisan considerations

Consist of the so-called midnightappointments

2 months --- election --- end of term(noonof June 30)

The underlined are the periods where noappointment is to be made except temporaryappointments.

In re: Valenzuela vs. Vallarta

In this case RTC judges were appointedon March 30, 1998, the election was May 11,1998, the Supreme Court held that in fallswithin the prohibited period, considered asMid-night appointment by way appointingthem for buying votes or influencing the resultof the electionDe Rama vs. C.A.

In this case she was a municipal mayor,before she vacated her position; she filled upall the positions. When her successor sits, nomore vacancy. The new mayor nullified all thenullified all the appointments an said that itwas a midnight appointment.

The Supreme Court held that Section15 of Art. VII applies ONLY to the Presidentialor acting Presidential appointment, there is nolaw prohibiting local elective officials fromappointing during his last day of terms

Doctrine of Qualified Political Agency orthe Alter Ego DoctrineSection 17. The President shall have control of allthe executive departments, bureaus, and offices.He shall ensure that the laws be faithfully executed.

The acts or decision of members of theexecutive departments, bureaus and otheroffice are deemed to be the acts/ decisions ofthe President himself if it involves the regularconduct of the business unless disapprove byhim.

(Correlate with the local governments andtheir officials sec. 4 of ART X and Sec. 2 ofArt. X )

GENERAL SUPERVISION the Presidentspower over the LGUs since they enjoy localautonomy.

The power to generally oversee that LGUsperform their powers and functions inaccordance with law.

Commander in Chief ProvisionSection 18. The President shall be the Commander-

in-Chief of all armed forces of the Philippines andwhenever it becomes necessary, he may call outsuch armed forces to prevent or suppress lawlessviolence, invasion or rebellion. In case of invasionor rebellion, when the public safety requires it, hemay, for a period not exceeding sixty days, suspend

the privilege of the writ of habeas corpus or

place the Philippines or any part

thereof under martial law. Within

forty-eight hours from the proclamation

of martial law or the suspension of the

privilege of the writ of habeas corpus,

the President shall submit a report in

person or in writing to the Congress.

The Congress, voting jointly, by a voteof at least a majority of all its

Members in regular or special session,

may revoke such proclamation or

suspension, which revocation shall not

be set aside by the President. Upon the

initiative of the President, the

Congress may, in the same manner,

extend such proclamation or suspension

for a period to be determined by the

Congress, if the invasion or rebellion

shall persist and public safety

requires it.The Congress, if not in session, shall, within twenty-

four hours following such proclamation orsuspension, convene in accordance with its ruleswithout need of a call.The Supreme Court may review, in an appropriateproceeding filed by any citizen, the sufficiency ofthe factual basis of the proclamation of martial lawor the suspension of the privilege of the writ of

habeas corpus or the extension thereof,

and must promulgate its decision

thereon within thirty days from its

filing.A state of martial law does not suspend theoperation of the Constitution, nor supplant thefunctioning of the civil courts or legislativeassemblies, nor authorize the conferment of

jurisdiction on military courts and agencies overcivilians where civil courts are able to function, norautomatically suspend the privilege of the writ of

habeas corpus.The suspension of the privilege of the writ of

habeas corpus shall apply only to

persons judicially charged for

rebellion or offenses inherent in, or

directly connected with, invasion.During the suspension of the privilege of the writ of

habeas corpus, any person thus arrested

or detained shall be judicially charged

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within three days, otherwise he shall

be released.

A. Calling-out Power (IBP vs. Zamora)B. Martial LawC. Power to suspend the privilege of the writ ofhabeas Corpus

Pardoning PowerSection 19. Except in cases of impeachment, or asotherwise provided in this Constitution, thePresident may grant reprieves, commutations, andpardons, and remit fines and forfeitures, afterconviction by final judgment.He shall also have the power to grant amnesty withthe concurrence of a majority of all the Members ofthe Congress.

1. Reprieve suspension of the execution ofthe death sentence2. Commutation reduction of the penalty onedegree lower3. Pardon Private act of the President that

erases the effects of the crime4. Remit Fines and Forfeitures5. Amnesty requires the majority vote of allthe members of Congress; erases both theeffect of the crime and the conviction.

Reprieve, commutation and pardonrequire that there be a conviction of final

judgment while the amnesty does not requiresuch.

Reprieve, commutation, pardon andremittance of fines and forfeitures cannot begranted in cases of I

q & a political review

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