46783509 Political Law Reviewer

8/12/2019 46783509 Political Law Reviewer

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POLITICAL LAW

I. GENERAL PRINCIPLES

Definition of Political Law

Is the branch of public law which deals with the organization and operation of

the governmental organs of the State and defines the relations of the State

with the inhabitants of its territory. It embraces constitutional law, law of

public officers, law on elections, and law of public corporations.

Backgroun of t!e "#$% Con&titution

1. Proclamation of the Freedom Constitution

a. Proclamation o. 1, February !", 1#$%, announcing that she &Corazon

'(uino) and *P +aurel were assuming power.b. -ecutive rder o.1, &Febrauary !$, 1#$%)

c. Proclamation o./, 0arch !", 1#$%, announced the promulgation of the

Provisional &Freedom) Constitution, pending the drafting and ratification

of a new Constitution. It adopted certain provisions in the 1#/

Constitution, contained additional articles on the e-ecutive department,

on government reorganization, and on e-isting laws. It also provided of

the calling of a Constitutional Commission to be composed of /23"2

members to draft a new Constitution.

!. 'doption of the Constitution

a. Proclamation o. #, creating the Constitutional Commission of "2members.

b. 'pproval of the draft Constitution by the Constitutional Commission on

ctober 1", 1#$%c. Plebiscite held on February !, 1#$d. Proclamation o. "$, proclaiming the

e. 4atification of the Constitution.

/. ffectivity of the 1#$ Constitution5 February !

In re' Puno

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6he government under Cory '(uino and the Freedom Constitution is a de 7ure

government. It was established by authority of the legitimate sovereign, the

people. It was a revolutionary government in defiance of the 1#/

Constitution.

E&traa (&. Arro)o

ISS*E NO. "'

ur leading case is 6anada v. Cuenco, where this Court, through former Chief

8ustice 4oberto Concepcion, held that +olitical ,ue&tion& refer -to t!o&e

,ue&tion& w!ic! uner t!e Con&titution are to /e ecie /) t!e +eo+le

in t!eir &o(ereign ca+acit) or in regar to w!ic! full i&cretionar)

aut!orit) !a& /een elegate to t!e legi&lati(e or e0ecuti(e /ranc! of t!e

go(ern1ent.It is concerned with issues dependent upon the wisdom, not legality

of a particular measure.9 6o a great degree, the 1#$ Constitution has narrowed the

reach of the political (uestion doctrine when it e-panded the power of 7udicialreview of this court not only to settle actual controversies involving rights which are

legally demandable and enforceable but also to determine whether or not there has

been a grave abuse of discretion amounting to lac: or e-cess of 7urisdiction on the

part of any branch or instrumentality of government.

No le&& t!an t!e 2reeo1 Con&titution eclare t!at t!e A,uino

go(ern1ent wa& in&talle t!roug! a irect e0erci&e of t!e +ower of t!e

2ili+ino +eo+le -in efiance of t!e +ro(i&ion& of t!e "#%3 Con&titution a&

a1ene.-In is familiar learning that the legitimacy of a government sired by a

successful revolution by people power is /e)on 4uicial &crutin) for t!at

go(ern1ent auto1aticall) or/it& out of t!e con&titutional loo+. Inchec:ered contrast, the government of respondent 'rroyo is not revolutionary in

character. 6he oath that she too: at the ;S' Shrine is the oath under the 1#$

Constitution. In her oath, she categorically swore to preserve and defend the 1#$

Constitution. Indeed, she has stressed that she is discharging the powers of the

presidency under the authority of the 1#$ Constitution.

In fine, the legal distinction between ;S' People Power I ;S' People Power II is

clear. EDSA I in(ol(e& t!e e0erci&e of t!e +eo+le +ower of re(olution w!ic!

o(ert!rew t!e w!ole go(ern1ent. EDSA II i& an e0erci&e of +eo+le +ower

of freeo1 of &+eec! an freeo1 of a&&e1/l) to +etition t!e go(ern1ent

for rere&& of grie(ance& w!ic! onl) affecte t!e office of t!e Pre&ient.;S' I is e-tra constitutional and the legitimacy of the new government that

resulted from it cannot be the sub7ect of 7udicial review, but ;S' II is intra

constitutional and the resignation of the sitting President that it caused and the

succession of the *ice President as President are sub7ect to 7udicial review. EDSA I

+re&ente a +olitical ,ue&tion5 EDSA II in(ol(e& legal ,ue&tion&. ' brief

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discourse on freedom of speech and of the freedom of assembly to petition the

government for redress of grievance which are the cutting edge of ;S' People

Power II is not inappropriate.

&in short5 'rroyo


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Petitioner contends that the impeachment proceeding is an administrative

investigation that, under section 1! of 4' /21#, bars him from resigning. Be

hold otherwise. 6he e-act nature of an impeachment proceeding is

debatable. ut even assuming arguendo that it is an administrative

proceeding,it cannot /e con&iere +ening at t!e ti1e +etitioner

re&igne /ecau&e t!e +roce&& alrea) /roke own w!en a 1a4orit)of t!e &enator74uge& (ote again&t t!e o+ening of t!e &econ

en(elo+e t!e +u/lic an +ri(ate +ro&ecutor& walke out t!e +u/lic

+ro&ecutor& file t!eir 8anife&tation of Wit!rawal of A++earance

an t!e +roceeing& were +o&t+one inefinitel).6here was, in effect,

no impeachment case pending against petitioner when he resigned.

9Sec. 1!. o public officer shall be allowed to resign or retire pending

an investigation, criminals or administrative, or pending a prosecution

against him, for any offense under this 'ct or under the provisions of

the 4evised Penal Code on bribery.9

&6herefore, through his implied acts, notwithstanding section 1! of 4' /21#,

petitioner is deemed resigned.)

ISS*E NO. 3

W!at lea+& to t!e e)e fro1 t!e&e irrefuta/le fact& i& t!at /ot! !ou&e& of

Congre&& !a(e recogni9e re&+onent Arro)o a& t!e Pre&ient. Implicitly

clear in that recognition is the premise that the inability of petitioner strada is no

longer temporary. Congress has clearly re7ected petitionerAs claim of inability.

6hrough Douse 4esolution 1% and 1$ and Senate 4esolution $! and $/ whichconfirms PE0'


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w!ic! cannot /e ecie /) t!i& Court wit!out tran&gre&&ing t!e +rinci+le

of &e+aration of +ower&.

In fine, even if the petitioner can prove that he did not resign, still, he cannot

successfully claim that he is a President on leave on the ground that he is merely

unable to govern temporarily. T!at clai1 !a& /een lai to re&t /) Congre&&an t!e eci&ion t!at re&+onent Arro)o i& t!e e 4ure +re&ient 1ae /)

a co7e,ual /ranc! of go(ern1ent cannot /e re(iewe /) t!i& Court.

ISS*E NO. ;

Since t!e I1+eac!1ent Court i& now functu& officio it i& untena/le for

+etitioner to e1an t!at !e &!oul fir&t /e i1+eac!e an t!en

con(icte /efore !e can /e +ro&ecute. 6he plea if granted, would put a

perpetual bar against his prosecution. Such a submission has nothing to commend

itself for it will place him in a better situation than a non3sitting President who has

not been sub7ected to impeachment proceedings and yet can be the ob7ect of a

criminal prosecution. To /e &ure t!e e/ate& in t!e Con&titutional

Co11i&&ion 1ake it clear t!at w!en i1+eac!1ent +roceeing& !a(e

/eco1e 1oot ue to t!e re&ignation of t!e Pre&ient t!e +ro+er cri1inal

an ci(il ca&e& 1a) alrea) /e file again&t !i1.

Be now come to the scope of immunity that can be claimed by petitioner as a non3

sitting President. 6he cases filed against petitioner strada are criminal in character.

6hey involve plunder, bribery and graft and corruption. y no stretch of the

imagination can these crimes, especially plunder which carries the death penalty,

be covered by the alleged mantle of immunity of a non3sitting president. Petitioner

cannot cite any decision of this Court licensing the President to commit criminalacts and wrapping him with post3tenure immunity from liability. It will /e

ano1alou& to !ol t!at i11unit) i& an inoculation fro1 lia/ilit) for

unlawful act& an conition&. T!e rule i& t!at unlawful act& of +u/lic

official& are not act& of t!e State an t!e officer w!o act& illegall) i& not

acting a& &uc! /ut &tan& in t!e &a1e footing a& an) tre&+a&&er.

In the 1#> case of @S v. i-on, @S President 4ichard i-on, a sitting President, was

subpoenaed to produce certain recordings and documents relating to his

conversations with aids and advisers. Seven advisers of President i-onAs

associates were facing charges of conspiracy to obstruct 8ustice and other offenses,

which were committed in a burglary of the ;emocratic ational Dead(uarters inBashingtonAs Batergate Dotel during the 1#! presidential campaign. President

i-on himself was named an unindicted co3conspirator. President i-on moved to

(uash the subpoena on the ground, among others, that the President was not

sub7ect to 7udicial process and that he should first be impeached and removed from

office before he could be made amenable to 7udicial proceedings. T!e clai1 wa&

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re4ecte /) t!e *S Su+re1e Court. It conclue t!at -w!en t!e groun for

a&&erting +ri(ilege a& to &u/+oenae 1aterial& &oug!t for u&e in a cri1inal

trial i& /a&e onl) on t!e generali9e intere&t in confientialit) it cannot

+re(ail o(er t!e funa1ental e1an& of ue +roce&& of law in t!e fair

a1ini&tration of cri1inal 4u&tice.-In the 1#$! case of Ni0on (. 2it9geral

t!e *S Su+re1e Court furt!er !el t!at t!e i11unit) of t!e +re&ientfro1 ci(il a1age& co(er& onl) -official act&.-4ecently, the @S Supreme Court

had the occasion to reiterate this doctrine in the case of Clinton (.

Petitioner also contends that the respondent mbudsman should be stopped from

conducting the investigation of the cases filed against him due to the barrage of

pre7udicial publicity on his guilt. De submits that the respondent mbudsman has

developed bias and is all set file the criminal cases violation of his right to dueprocess.

In People vs. 6eehan:ee, 8r., later reiterated in the case of +arranaga vs. court of

'ppeals, et al., we laid down the doctrine that5

Per(a&i(e +u/licit) i& not +er &e +re4uicial to t!e rig!t of an accu&e to

fair trial.6he mere fact that the trial of appellant was given a day3to3day, gavel3to3

gavel coverage does not by itself prove that the publicity so permeated the mind of

the trial 7udge and impaired his impartiality. For one, it is impossible to seal the

minds of members of the bench from pre3trial and other off3court publicity of

sensational criminal cases. T!e &tate of t!e art of our co11unication &)&te1/ring& new& a& t!e) !a++en &traig!t to our /reakfa&t ta/le& an rig!t to

our /eroo1&. T!e&e new& for1 +art of our e(er)a) 1enu of t!e fact&

an fiction& of life. 2or anot!er our iea of a fair an i1+artial 4uge i&

not t!at of a !er1it w!o i& out of touc! wit! t!e worl. Be have not installed

the 7ury system whose members are overly protected from publicity lest they lose

their impartially. --- --- ---. Our 4uge& are learne in t!e law an traine

to i&regar off7court e(ience an on7ca1era +erfor1ance& of +artie& to

litigation. T!eir 1ere e0+o&ure to +u/lication& an +u/licit) &tunt& oe&

not +er &e fatall) infect t!eir i1+artialit).

't best, appellant can only con7ure possibility of pre7udice on the part of the trial7udge due to the barrage of publicity that characterized the investigation and trial of

the case. In 8artelino et al. (. Ale4anro et al. we re4ecte t!i& &tanar

of +o&&i/ilit) of +re4uice an ao+te t!e te&t of actual +re4uice a& we

rule t!at to warrant a fining of +re4uicial +u/licit) t!ere 1u&t /e

allegation an +roof t!at t!e 4uge& !a(e /een unul) influence not

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&i1+l) t!at t!e) 1ig!t /e /) t!e /arrage of +u/licit).In the case at a bar,

the records do not show that the trial 7udge developed actual bias against

appellants as a conse(uence of the e-tensive media coverage of the pre3trial and

trial of his case. T!e totalit) of circu1&tance& of t!e ca&e oe& not +ro(e

t!at t!e trial 4uge ac,uire a fi0e o+inion a& a re&ult of +re4uicial

+u/licit) w!ic! i& inca+a/le of c!ange e(en /) e(ience +re&ente uringt!e trial.A++ellant !a& t!e /uren to +ro(e t!i& actual /ia& an !e !a& not

i&c!arge t!e /uren.=

II. PRINCIPLES AND POLICIES O2 T?E P?ILIPPINE GO@ERN8ENT

T?E PREA8BLE

Be, the sovereign Filipino people, imploring the aid of 'lmighty Eod, in order to

build a 7ust and humane society, and establish a Eovernment that shall embody our

ideals and aspirations, promote the common good, conserve and develop our

patrimony, and secure to ourselves and our posterity, the blessings of

independence and democracy under the rule of law and a regime of truth, 7ustice,

freedom, love, e(uality, and peace, do ordain and promulgate this Constitution.

ART. II' PRINCIPLES AND STATE POLICIES

P4ICIP+S

Section 1. 6he Philippines is a e1ocratic an re+u/lican State. So(ereignt)

re&ie& in t!e +eo+le an all go(ern1ent aut!orit) e1anate&

fro1 t!e1.

Section !. 6he Philippines renounce& war a& an in&tru1ent of national+olic) ao+t& t!e generall) acce+te +rinci+le& of

international law a& +art of t!e law of t!e lanand adheres to

the policy of peace, e(uality, 7ustice, freedom, cooperation, and amity

with all nations.

Section /. Ci(ilian aut!orit) i& at all ti1e& &u+re1e o(er t!e 1ilitar).

6he 'rmed Forces of the Philippines is the protector of the people and

the State. Its goal is to &ecure t!e &o(ereignt) of t!e State an

t!e integrit) of t!e national territor).

Section >. 6he +ri1e ut) of t!e Go(ern1ent i& to &er(e an +rotect t!e+eo+le. 6he Eovernment may call upon the people to defend the

State and, in the fulfillment thereof, all citizens may be re(uired, under

conditions provided by law, to render personal, military or civil service.

Section ". 6he 1aintenance of +eace an orer t!e +rotection of life

li/ert) an +ro+ert) an +ro1otion of t!e general welfareare


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essential for the en7oyment by all the people of the blessings of

democracy.

Section %. 6he &e+aration of C!urc! an State &!all /e in(iola/le.

S6'6 P+ICIS

Section . 6he State &!all +ur&ue an ine+enent foreign +olic). In its

relations with other states, the +ara1ount con&ieration &!all /e

national &o(ereignt) territorial integrit) national intere&t

an t!e rig!t to &elf7eter1ination.

Section $. 6he Philippines, consistent with the national interest, ao+t& an

+ur&ue& a +olic) of freeo1 fro1 nuclear wea+on& in it&

territor).

Section #. 6he State &!all +ro1ote a 4u&t an )na1ic &ocial orer t!at will

en&ure t!e +ro&+erit) an ine+enence of t!e nationand freethe people from poverty through policies that provide ade(uate social

services, promote full employment, a rising standard of living, and an

improved (uality of life for all.

Section 12. 6he State &!all +ro1ote &ocial 4u&tice in all +!a&e& of national

development.

Section 11. 6he State (alue& t!e ignit) of e(er) !u1an +er&on an

guarantee& full re&+ect for !u1an rig!t&.

Section 1!. 6he Staterecogni9e& t!e &anctit) of fa1il) life an &!all +rotectan &trengt!en t!e fa1il) a& a /a&ic autono1ou& &ocial

in&titution. It shall e(ually protect the life of the mother and the life

of the unborn from conception. 6he natural and primary right and duty

of parents in the rearing of the youth for civic efficiency and the

development of moral character shall receive the support of the

Eovernment.

Section 1/. 6he State recognizes the vital role of the youth in nation3building and

shall promote and protect their physical, moral, spiritual, intellectual,

and social well3being. It &!all inculcate in t!e )out! +atrioti&1

an nationali&1 an encourage t!eir in(ol(e1ent in +u/lican ci(ic affair&.

Section 1>. 6he State recognizes the role of women in nation3building, and shall

en&ure t!e funa1ental e,ualit) /efore t!e law of wo1en an

1en.

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Section 1". 6he State shall protect and promote the right to health of the people

and in&till !ealt! con&ciou&ne&& a1ong t!e1.

Section 1%. 6he State &!all +rotect an a(ance t!e rig!t of t!e +eo+le to a

/alance an !ealt!ful ecolog) in accord with the rhythm and

harmony of nature.

Section 1. 6he State &!all gi(e +riorit) to eucation &cience an

tec!nolog) art& culture an &+ort& to fo&ter +atrioti&1 an

nationali&1, accelerate social progress, and promote total human

liberation and development.

Section 1$. 6he State affir1& la/or a& a +ri1ar) &ocial econo1ic force. It

&!all +rotect t!e rig!t& of worker& an +ro1ote t!eir welfare.

Section 1#. 6he State &!all e(elo+ a &elf7reliant an ine+enent national

econo1) effecti(el) controlle /) 2ili+ino&.

Section !2. 6he State recogni9e& t!e ini&+en&a/le role of t!e +ri(ate

&ector encourage& +ri(ate enter+ri&e an +ro(ie& incenti(e&

to neee in(e&t1ent&.

Section !1. 6he State &!all +ro1ote co1+re!en&i(e rural e(elo+1ent an

agrarian refor1.

Section !!. 6he State recogni9e& an +ro1ote& t!e rig!t& of inigenou&

cultural co11unitie& within the framewor: of national unity and

development.

Section !/. 6he State &!all encourage non7go(ern1ental co11unit)7

/a&e or &ectoral organi9ation& that promote the welfare of the

nation.

Section !>. 6he State recogni9e& t!e (ital role of co11unication an

infor1ation in nation7/uiling.

Section !". 6he State shall en&ure t!e autono1) of local go(ern1ent&.

Section !%. 6he State &!all guarantee e,ual acce&& to o++ortunitie& for+u/lic &er(ice an +ro!i/it +olitical )na&tie&as may be defined

by law.

Section !. 6he State &!all 1aintain !one&t) an integrit) in t!e +u/lic

&er(iceand ta:e positive and effective measures against graft and

corruption.

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Section !$. Sub7ect to reasonable conditions prescribed by law, the State ao+t&

an i1+le1ent& a +olic) of full +u/lic i&clo&ure of all it&

tran&action& in(ol(ing +u/lic intere&t.

6he Concept of State

' State is a community of persons, more or less numerous, permanently

occupying a definite portion of territory, independent of e-ternal control, and

possessing a government to which a great body of inhabitants render

habitual obedience. &CI4 vs. Campos 4ueda)

6he lements of a State

6erritory

6he national territory comprises the

P!ili++ine arc!i+elago,

with all the islands and waters embraced therein,

an all ot!er territorie& o(er w!ic! t!e P!ili++ine& !a&

&o(ereignt) or 4uri&iction

consisting of its terre&trial flu(ial an aerial

o1ain&,

including its territorial &ea t!e &ea/e t!e &u/&oil

t!e in&ular &!el(e&, and other &u/1arine area&.

6he water& aroun /etween an connecting t!e

i&lan& of the archipelago, regardless of their breadth

and dimensions, for1 +art of t!e internal water& of

t!e P!ili++ine&.&'46. I)

'rt. ! of the 4evised Penal Code ma:es certain crimes punishable even

if committed outside the Philippines or 'rt. 1" of the Civil Code which

provides that +aws relating to family rights and duties or to the status,

condition, and legal capacity of persons are binding upon the citizens

of the Philippines, even though living abroad.

People

4efers to the sovereign Filipino people of the Philippines. 6he Preamble

of the 1#$ Constitution e-pressly states that G Be, the sovereign12


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Filipino peopleH Gdo ordain and promulgate this Constitution.H 6hey are

the Citizens of the country because they alone en7oy civil and political

rights, entitled to vote and be voted to public positions and be

appointed to public offices, where they meet the re(uired

(ualifications. Bhile foreigners living in the country are entitled to

protection under the laws and re(uired to obey the laws, they are notthe sovereign Filipino people.

Citizenship &'rt. >, 1#$ Constitution)

Section ". T!e following are citi9en& of t!e P!ili++ine&'

". T!o&e w!o are citi9en& of t!e P!ili++ine& at t!e ti1e of t!eao+tion of t!i& Con&titution5

6. T!o&e w!o&e fat!er& or 1ot!er& are citi9en& of t!eP!ili++ine&5

3. T!o&e /orn /efore . Citizens of the Philippines who marry aliens shall retain their

citizenship, unless by their act or omission, they are deemed, under

the law, to have renounced it.

Section ". ;ual allegiance of citizens is inimical to the national interest and shall

be dealt with by law.

Beng9on (& Cru9

T!ere are two wa)& of ac,uiring citi9en&!i+' " /) /irt! an 6 /)

naturali9ation. T!e&e wa)& of ac,uiring citi9en&!i+ corre&+on to t!e twokin& of citi9en&' t!e natural7/orn citi9en an t!e naturali9e citi9en. A

+er&on w!o at t!e ti1e of !i& /irt! i& a citi9en of a +articular countr) i& a

natural7/orn citi9en t!ereof.

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's defined in the same Constitution, natural7/orn citi9en& -are t!o&e citi9en&

of t!e P!ili++ine& fro1 /irt! wit!out !a(ing to +erfor1 an) act to ac,uire

or +erfect !i& P!ili++ine citi9en&!i+.-

On t!e ot!er !an naturali9e citi9en& are t!o&e w!o !a(e /eco1e

2ili+ino citi9en& t!roug! naturali9ation generally under Commonwealth 'cto. >/, otherwise :nown as the 4evised aturalization +aw, which repealed the

former aturalization +aw &'ct o. !#!), and by 4epublic 'ct o. "/2. 6o be

naturalized, an applicant has to prove that he possesses all the (ualifications and

none of the dis(ualifications provided by law to become a Filipino citizen. 6he

decision granting Philippine citizenship becomes e-ecutory only after two &!) years

from its promulgation when the court is satisfied that during the intervening period,

the applicant has &1) not left the Philippines &!) has dedicated himself to a lawful

calling or profession &/) has not been convicted of any offense or violation of

Eovernment promulgated rules or &>) committed any act pre7udicial to the interest

of the nation or contrary to any Eovernment announced policies.

In 'ngat v. 4epublic, we held5

---. Parenthetically, under these statutes referring to 4' os. #%" and !%/2J, t!e

+er&on e&iring to reac,uire P!ili++ine citi9en&!i+ woul not e(en /e

re,uire to file a +etition in court an all t!at !e !a to o wa& to take an

oat! of allegiance to t!e Re+u/lic of t!e P!ili++ine& an to regi&ter t!at

fact wit! t!e ci(il regi&tr) in t!e +lace of !i& re&ience or w!ere !e !a

la&t re&ie in t!e P!ili++ine&.Italics in the original.J

0oreover, re+atriation re&ult& in t!e reco(er) of t!e original nationalit).

6his means that a naturalized Filipino who lost his citizenship will be restored to hisprior status as a naturalized Filipino citizen. n the other hand, if he was originally

a natural3born citizen before he lost his Philippine citizenship, he will be restored to

his former status as a natural3born Filipino.

Daving thus ta:en the re(uired oath of allegiance to the 4epublic and having

registered the same in the Civil 4egistry of 0agantarem, Pangasinan in accordance

with the aforecited provision, respondent Cruz is deemed to have recovered his

original status as a natural3born citizen, a status which he ac(uired at birth as the

son of a Filipino father. It /ear& &tre&&ing t!at t!e act of re+atriation allow&

!i1 to reco(er or return to !i& original &tatu& /efore !e lo&t !i&

P!ili++ine citi9en&!i+.

T!e +re&ent Con&titution !owe(er now con&ier& t!o&e /orn of 2ili+ino

1ot!er& /efore t!e effecti(it) of t!e "#%3 Con&titution an w!o electe

P!ili++ine citi9en&!i+ u+on reac!ing t!e 1a4orit) age a& natural7/orn.

Eovernment

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Eovernment is defined as that institution or aggregate of institutions by

which an independent society ma:es and carries out those rules of action

which are necessary to enable men to live in a Social state, or which are

imposed upon the people forming that society by those who possess the

power or authority of prescribing them. Eovernment is the aggregate of

authorities which rule a society.

Sovereignty

Sovereign means the supreme uncontrollable power, the 7ures summi imperii,

the absolute right to govern it is the supreme will of the State, the power to

ma:e laws and enforce them by all the means of coercion it cares to employ

I11unit) fro1 &uit

'rt. K*I, Section /. T!e State 1a) not /e &ue wit!out it& con&ent.

AWAWANAOA (& POLBAN

' sovereign is e-empt from suit, not because of any formal conception or obsolete

theory, but on the logical and practical ground that there can be no legal right as

against the authority that ma:es the law on which the right depends.

8us Imperii vs 8us Eestionis

P*BLIC ?IG?WAS (& SAN DIEGO

T!e uni(er&al rule t!at w!ere t!e State gi(e& it& con&ent to /e &ue /)

+ri(ate +artie& eit!er /) general or &+ecial law it 1a) li1it clai1ant=&

action -onl) u+ to t!e co1+letion of +roceeing& anterior to t!e &tage of

e0ecution- an t!at t!e +ower of t!e Court& en& w!en t!e 4ug1ent i&

reneresince government funds and properties may not be seized under writs of

e-ecution or garnishment to satisfy such 7udgments, is based on obvious

considerations of public policy. Di&/ur&e1ent& of Pu/lic fun& 1u&t /e

co(ere /) t!e corre&+oning a++ro+riation a& re,uire /) law. T!e

function& an +u/lic &er(ice& renere /) t!e State cannot /e allowe to

/e +aral)9e or i&ru+te /) t!e i(er&ion of +u/lic fun& fro1 t!eir

legiti1ate an &+ecific o/4ect& a& a++ro+riate /) law.

6hus, as pointed out by the Court in elleng vs. 4epublic, w!ile t!e State !a&gi(en it& con&ent to /e &ue in co1+en&ation ca&e& t!e +au+er7clai1ant

t!erein 1u&t look &+ecificall) to t!e Co1+en&ation Guarantee 2un

+ro(ie /) t!e Work1en=& Co1+en&ation Act for t!e corre&+oning

i&/ur&e1ent in &ati&faction of !i& clai1 since the State in 'ct /2$/, the

general law waiving its immunity from suit 9upon any money claim involving liability

arising from contract e-press or implied,9 imposed the limitation in Sec. % t!ereof

1/


14/235

t!at -no e0ecution &!all i&&ue u+on an) 4ug1ent renere /) an) Court

again&t t!e Go(ern1ent of t!e P!ili++ine& uner t!e +ro(i&ion& of t!i&

Act5- an t!at ot!erwi&e t!e clai1ant woul !a(e to +ro&ecute !i& 1one)

clai1 again&t t!e State uner Co11onwealt! Act 36%.

ACTS


15/235

welfare. In other words, the constitutional guaranty of non3impairment of

obligations of contract is limited by the e-ercise of the police power of the State, in

the interest of public health, safety, moral and general welfare.

6he reason for this is emphatically set forth in Ne/ia (&. New ork ,uote in

P!ili++ine A1erican Life In&urance Co. (&. Auitor Generalto wit5

@nder our form of government the use of property and t!e 1aking of contract&

are nor1all) 1atter& of +ri(ate an not of +u/lic concern. T!e general rule

i& t!at /ot! &!all /e free of go(ern1ental interference. ut neither property

rights nor contract rights are absolute for government cannot e-ist if the citizen

may at will use his property to the detriment of his fellows, or e-ercise his freedom

of contract to wor: them harm. (ually fundamental with the private right is that of

the public to regulate it in the common interest.

In &!ort t!e non7i1+air1ent clau&e 1u&t )iel to t!e +olice +ower of t!e

&tate.Art. II Sec. "'

Section 12. 6he Congress shall, upon recommendation of the economic and

planning agency, when the national interest dictates, reserve to

citizens of the Philippines or to corporations or associations at least

si-ty per centum of whose capital is owned by such citizens, or such

higher percentage as Congress may prescribe, certain areas of

investments. 6he Congress shall enact measures that will encourage

the formation and operation of enterprises whose capital is wholly

owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national

economy and patrimony, the State shall give preference to (ualified

Filipinos.

6he State shall regulate and e-ercise authority over foreign

investments within its national 7urisdiction and in accordance with its

national goals and priorities.

8ANILA PRINCE (& GSIS

Bhether the provisions of the Constitution, particularly 'rticle KII Section 12,are self3e-ecuting.

Bhether the "1L share is part of the national patrimony.

A +ro(i&ion w!ic! la)& own a general +rinci+le &uc! a& t!o&e foun inArticle II of t!e "#$% Con&titution i& u&uall) not &elf7e0ecuting. But a+ro(i&ion w!ic! i& co1+lete in it&elf an /eco1e& o+erati(e wit!out t!e

1"


16/235

ai of &u++le1entar) or ena/ling legi&lation or t!at w!ic! &u++lie&&ufficient rule /) 1ean& of w!ic! t!e rig!t it grant& 1a) /e en4o)e or+rotecte i& &elf7e0ecuting.6hus a constitutional provision is self3e-ecuting ifthe nature and e-tent of the right conferred and the liability imposed are fi-ed bythe constitution itself, so that they can be determined by an e-amination andconstruction of its terms, and there is no language indicating that the sub7ect is

referred to the legislature for action. In self3e-ecuting constitutional provisions, thelegislature may still enact legislation to facilitate the e-ercise of powers directlygranted by the constitution, further the operation of such a provision, prescribe apractice to be used for its enforcement, provide a convenient remedy for theprotection of the rights secured or the determination thereof, or place reasonablesafeguards around the e-ercise of the right. 6he mere fact that legislation maysupplement and add to or prescribe a penalty for the violation of a self3e-ecutingconstitutional provision does not render such a provision ineffective in the absenceof such legislation. T!e o1i&&ion fro1 a con&titution of an) e0+re&& +ro(i&ionfor a re1e) for enforcing a rig!t or lia/ilit) i& not nece&&aril) aninication t!at it wa& not intene to /e &elf7e0ecuting. T!e rule i& t!at a&elf7e0ecuting +ro(i&ion of t!e con&titution oe& not nece&&aril) e0!au&t

legi&lati(e +ower on t!e &u/4ect /ut an) legi&lation 1u&t /e in !ar1on)wit! t!e con&titution furt!er t!e e0erci&e of con&titutional rig!t an 1akeit 1ore a(aila/le. Su/&e,uent legi&lation !owe(er oe& not nece&&aril)1ean t!at t!e &u/4ect con&titutional +ro(i&ion i& not /) it&elf full)enforcea/le.'s against constitutions of the past, modern constitutions have beengenerally drafted upon a different principle and have often become in effecte-tensive codes of laws intended to operate directly upon the people in a mannersimilar to that of statutory enactments, and the function of constitutionalconventions has evolved into one more li:e that of a legislative body. Dence, unlessit is e-pressly provided that a legislative act is necessary to enforce a constitutionalmandate, the presumption now is that all provisions of the constitution are self3e-ecuting. If the constitutional provisions are treated as re(uiring legislation instead

of self3e-ecuting, the legislature would have the power to ignore and practicallynullify the mandate of the fundamental law. In fine Section " &econ+aragra+! Art. II of t!e "#$% Con&titution i& a 1anator) +o&iti(eco11an w!ic! i& co1+lete in it&elf an w!ic! nee& no furt!erguieline& or i1+le1enting law& or rule& for it& enforce1ent. 2ro1 it&(er) wor& t!e +ro(i&ion oe& not re,uire an) legi&lation to +ut it ino+eration.

In its plain and ordinary meaning, the term patrimony pertains to heritage. Bhenthe Constitution spea:s of national patrimony, it refers not only to the naturalresources of the Philippines, as the Constitution could have very well used the termnatural resources, but also to the cultural heritage of the Filipinos. It also refers toFilipino


17/235

to be made between a G(ualified foreignerH and a G(ualified Filipino,H the latter shallbe chosen over the former.

6he Supreme Court directed the ESIS, the 0anila Dotel Corporation, the Committeeon Privatization and the ffice of the Eovernment Corporate Counsel to cease anddesist from selling "1L of the Share of the 0DC to 4enong erhad, and to accept

the matching bid of 0anila Prince Dotel at P>> per shere and thereafter e-ecute thenecessary agreements and document to effect the sale, to issue the necessaryclearances and to do such other acts and deeds as may be necessary for thepurpose.

TANADA (& ANGARA

2act&

n 'pril 1", 1##>, the Philippine Eovernment represented by its Secretary of the

;epartment of 6rade and Industry signed the Final 'ct binding the Philippine

Eovernment to submit to its respective competent authorities the B6 &Borld

6rade rganization) 'greements to see: approval for such. n ;ecember 1>, 1##>,

4esolution o. # was adopted by the Philippine Senate to ratify the B6

'greement.

6his is a petition assailing the constitutionality of the B6 agreement as it violates

Sec 1#, 'rticle II, providing for the development of a self reliant and independent

national economy, and Sections 12 and 1!, 'rticle KII, providing for the GFilipino

firstH policy.

I&&ue

Bhether or not the 4esolution o. # ratifying the B6 'greement isunconstitutional

Ruling

6he Supreme Court ruled the 4esolution o. # is not unconstitutional. Bhile the

constitution mandates a bias in favor of Filipino goods, services, labor and

enterprises, at the same time, it recognizes the need for business e-change with

the rest of the world on the bases of e(uality and reciprocity and limits protection of

Filipino interests only against foreign competition and trade practices that are

unfair. In other words, the Constitution did not intend to pursue an isolationalist

policy. 2urt!er1ore t!e con&titutional +olic) of a F&elf7reliant anine+enent national econo1)H oe& not nece&&aril) rule out t!e entr) of

foreign in(e&t1ent& goo& an &er(ice&. It conte1+late& neit!er

Fecono1ic &eclu&ionH nor F1enicanc) in t!e international co11unit).H

6he Senate, after deliberation and voting, gave its consent to the B6 'greement

thereby ma:ing it Ga part of the law of the landH. 6he Supreme Court gave due

1


18/235

respect to an e(ual department in government. It presumes its actions as regular

and done in good faith unless there is convincing proof and persuasive agreements

to the contrary. A& a re&ult t!e ratification of t!e WTO Agree1ent li1it& or

re&trict& t!e a/&olutene&& of &o(ereignt). A treat) engage1ent i& not a

1ere o/ligation /ut create& a legall) /ining o/ligation on t!e +artie&. A

&tate w!ic! !a& contracte (ali international o/ligation& i& /oun to1ake it& legi&lation& &uc! 1oification& a& 1a) /e nece&&ar) to en&ure

t!e fulfill1ent of t!e o/ligation& unertaken.

III. T?E BRANC?ES O2 GO@ERN8ENT

T!e Congre&& Art. J

Section ".

6he legislative power shall be vested in the Congress of the Philippines which

shall consist of a Senate and a Douse of 4epresentatives, e-cept to the e-tent

reserved to the people by the provision on initiative and referendum.

Section >

1. 6he Douse of 4epresentatives shall be composed of not more than two

hundred and fifty members, unless otherwise fi-ed by law, who shall

be elected from legislative districts apportioned among the provinces,

cities, and the 0etropolitan 0anila area in accordance with the number

of their respective inhabitants, and on the basis of a uniform and

progressive ratio, and those who, as provided by law, shall be electedthrough a party3list system of registered national, regional, and

sectoral parties or organizations.

!. 6he party3list representatives shall constitute twenty per centum of the

total number of representatives including those under the party list.

For three consecutive terms after the ratification of this Constitution,

one3half of the seats allocated to party3list representatives shall be

filled, as provided by law, by selection or election from the labor,

peasant, urban poor, indigenous cultural communities, women, youth,

and such other sectors as may be provided by law, e-cept the religious

sector.

/. ach legislative district shall comprise, as far as practicable,

contiguous, compact, and ad7acent territory. ach city with a

population of at least two hundred fifty thousand, or each province,

shall have at least one representative.

1$


19/235

>. Bithin three years following the return of every census, the Congress

shall ma:e a reapportionment of legislative districts based on the

standards provided in this section.

BAGONG BAANI (& CO8ELEC

It has been held that certiorari is available, notwithstanding the presence of other

remedies, 9where the issue raised is one purely of law, where public interest is

involved, and in case of urgency.9 Indeed, the instant case is indubitably imbued

with public interest and with e-treme urgency, for it potentially involves the

composition of !2 percent of the Douse of 4epresentatives.

In its Petition, 'ng agong ayani3FB +abor Party contends that 9the inclusion of

political parties in the party3list system is the most ob7ectionable portion of the

(uestioned 4esolution.9 For its part, Petitioner ayan 0una ob7ects to the

participation of 9ma7or political parties.9 n the other hand, the ffice of the

Solicitor Eeneral, li:e the impleaded political parties, submits that the Constitution

and 4' o. #>1 allow political parties to participate in the party3list elections. It

argues that the party3list system is, in fact, open to all 9registered national, regional

and sectoral parties or organizations.9

@nder the Constitution and 4' #>1, private respondents cannot be dis(ualified

from the party3list elections, merely on the ground that they are political parties.

Section ", 'rticle *I of the Constitution provides that members of the Douse of

4epresentatives may 9be elected through a party3list system of registered national,

regional, and sectoral parties or organizations.9

6hat political parties may participate in the party3list elections does not mean,

however, that any political party 33 or any organization or group for that matter 33

may do so. 6he re(uisite character of these parties or organizations must be

consistent with the purpose of the party3list system, as laid down in the Constitution

and 4' #>1. Section ", 'rticle *I of the Constitution, provides as follows5

(2) The party-list representatives shall constitute twenty per centum of the total

number of representatives including those under the party list. For three

consecutive terms after the ratification of this Constitution, one-half of the seats

allocated to party-list representatives shall be filled, as provided by law, by

selection or election from the labor, peasant, urban poor, indigenous cultural

communities, women, youth, and such other sectors as may be provided by law,ecept the religious sector.! ("mphasis supplied.)

T!e intent of t!e Con&titution i& clear' to gi(e genuine +ower to t!e

+eo+le not onl) /) gi(ing 1ore law to t!o&e w!o !a(e le&& in life /ut

1ore &o /) ena/ling t!e1 to /eco1e (erita/le law1aker& t!e1&el(e&.

Consistent with this intent, the policy of the implementing law, we repeat, is

1#


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li:ewise clear5 -to ena/le 2ili+ino citi9en& /elonging to 1arginali9e an

unerre+re&ente &ector& organi9ation& an +artie& 0 0 0 to /eco1e

1e1/er& of t!e ?ou&e of Re+re&entati(e&.-Bhere the language of the law is

clear, it must be applied according to its e-press terms.

6he import of the open party3list system may be more vividly understood whencompared to a student dormitory 9open house,9 which by its nature allows outsiders

to enter the facilities. bviously, the 9open house9 is for the benefit of outsiders

only, not the dormers themselves who can enter the dormitory even without such

special privilege. In the same vein, the open party3list system is only for the

9outsiders9 who cannot get elected through regular elections otherwise it is not for

the non3marginalized or overrepresented who already fill the ran:s of Congress.

6he Supreme Court ruled li:ewise that Gnot only must the candidate party or

organization represent marginalized and underrepresented sectors so must its

nominees.H

Sec. # of 4' #>1 lists the (ualifications of nominees, as follows5

1. natural3born citizen

!. registered voter

/. resident of the Philippines for not less than one year immediately preceding

the election day

>. able to read and write

". twenty3five years of age and

%. Ga bona fide member of the party or organization which he see:s to represent

for at least ninety ) days preceding the day of the election.H

Section J

o person shall be a 0ember of the Douse of 4epresentatives unle&& !e i& a

natural7/orn citi9en of t!e P!ili++ine& an on t!e a) of t!e election i& at

lea&t twent)7fi(e )ear& of age a/le to rea an writeand, e-cept the party3

list representatives, a regi&tere (oter in t!e i&trict in w!ic! !e &!all /eelecte and a re&ient t!ereof for a +erio of not le&& t!an one )ear

i11eiatel) +receing t!e a) of t!e election.

8ARCOS (& CO8ELEC re&ience an o1icile for +ur+o&e& of election

law& are &)non)1ou&K

!2


21/235

6he mischief which this provision M reproduced verbatim from the 1#/

Constitution M see:s to prevent is the possibility of a 9stranger or newcomer

unac(uainted with the conditions and needs of a community and not identified with

the latter, from an elective office to serve that community.9

Petitioner Imelda 4omualdez30arcos filed her Certificate of Candidacy for theposition of 4epresentative of the First ;istrict of +eyte with the Provincial lection

Supervisor on 0arch $, 1##".

Private respondent Cirilo 4oy 0onte7o, the incumbent 4epresentative of the First

;istrict of +eyte and a candidate for the same position, filed a 9Petition for

Cancellation and ;is(ualification9 with the Commission on lections alleging that

petitioner did not meet the constitutional re(uirement for residency. In his petition,

private respondent contended that 0rs. 0arcos lac:ed the ConstitutionAs one year

residency re(uirement for candidates for the Douse of 4epresentatives.

Deld5

So settled is the concept &of domicile) in our election law that in these and other

election law cases, this Court has stated that the 1ere a/&ence of an ini(iual

fro1 !i& +er1anent re&ience wit!out t!e intention to a/anon it oe&

not re&ult in a lo&& or c!ange of o1icile.

It stands to reason therefore, that petitioner merely committed an honest mista:e

in 7otting the word 9seven9 in the space provided for the residency (ualification

re(uirement. It would be plainly ridiculous for a candidate to deliberately and

:nowingly ma:e a statement in a certificate of candidacy which would lead to his or

her dis(ualification.

4esidence in the civil law is a material fact, referring to the physical presence of a

person in a place. ' person can have two or more residences, such as a country

residence and a city residence. 4esidence is ac(uired by living in place on the

other hand, domicile can e-ist without actually living in the place. 6he important

thing for domicile is that, once residence has been established in one place, there

be an intention to stay there permanently, even if residence is also established in

some other place.

For political purposes the concepts of residence and domicile are dictated by the

peculiar criteria of political laws. A& t!e&e conce+t& !a(e e(ol(e in our

election law w!at !a& clearl) an une,ui(ocall) e1erge i& t!e fact t!at

re&ience for election +ur+o&e& i& u&e &)non)1ou&l) wit! o1icile.

In Nu(al (&. Gura) t!e Court !el t!at -t!e ter1 re&ience. . . i&

&)non)1ou& wit! o1icile w!ic! i1+ort& not onl) intention to re&ie in a

fi0e +lace /ut al&o +er&onal +re&ence in t!at +lace cou+le wit! conuct

!1


22/235

inicati(e of &uc! intention.-+arena vs. 6eves reiterated the same doctrine in a

case involving the (ualifications of the respondent therein to the post of 0unicipal

President of ;umaguete, egros riental. Faypon vs. Nuirino, held that the absence

from residence to pursue studies or practice a profession or registration as a voter

other than in the place where one is elected does not constitute loss of residence.

So settled is the concept &of domicile) in our election law that in these and otherelection law cases, this Court has stated that the mere absence of an individual

from his permanent residence without the intention to abandon it does not result in

a loss or change of domicile.

In Co vs. lectoral 6ribunal of the Douse of 4epresentatives, this Court concluded

that the framers of the 1#$ Constitution obviously adhered to the definition given

to the term residence in election law, regaring it a& !a(ing t!e &a1e 1eaning

a& o1icile.

A*INO @S CO8ELEC

'(uino was a resident of 6arlac for "! years prior to his winning the Congressional

seat in 0a:ati, to which he only resided for at least 12 months while renting a

condominium

?el'

Clearl) t!e +lace -w!ere a +art) actuall) or con&tructi(el) !a& !i&

+er1anent !o1e- w!ere !e no 1atter w!ere !e 1a) /e foun at an)

gi(en ti1e e(entuall) inten& to return an re1ain i.e. !i& o1icile i&

t!at to w!ic! t!e Con&titution refer& w!en it &+eak& of re&ience for t!e

+ur+o&e& of election law.6he manifest purpose of this deviation from the usual

conceptions of residency in law as e-plained in Eallego vs. *era is 9to e0clue

&tranger& or newco1er& unfa1iliar wit! t!e conition& an nee& of t!e

co11unit)- from ta:ing advantage of favorable circumstances e-isting in that

community for electoral gain.

In fine we are left wit! no c!oice /ut to affir1 t!e CO8ELEC=& conclu&ion

eclaring !erein +etitioner ineligi/le for t!e electi(e +o&ition of

Re+re&entati(e of 8akati Cit)=& Secon Di&trict on t!e /a&i& of re&+onent

co11i&&ion=& fining t!at +etitioner lack& t!e one )ear re&ience in t!e

i&trict 1anate /) t!e "#$% Con&titution. ' democratic government is

necessarily a government of laws. In a republican government those laws arethemselves ordained by the people. 6hrough their representatives, they dictate the

(ualifications necessary for service in government positions. 'nd as petitioner

clearly lac:s one of the essential (ualifications for running for membership in the

Douse of 4epresentatives not e(en t!e will of a 1a4orit) or +luralit) of t!e

(oter& of t!e Secon Di&trict of 8akati Cit) woul &u/&titute for a

re,uire1ent 1anate /) t!e funa1ental law it&elf.

!!


23/235

Section ""

' Senator or 0ember of the Douse of 4epresentatives shall, in all offen&e&

+uni&!a/le /) not 1ore t!an &i0 )ear& i1+ri&on1ent/e +ri(ilege fro1

arre&t w!ile t!e Congre&& i& in &e&&ion. o 0ember shall be (uestioned nor be

held liable in any other place for any speech or debate in the Congress or in anycommittee thereof.

Section 6"

6he Senate or the Douse of 4epresentatives or any of its respective committees

1a) conuct in,uirie& in ai of legi&lation in accorance wit! it& ul)

+u/li&!e rule& of +roceure.6he rights of persons appearing in, or affected

by, such in(uiries shall be respected.

BENGMON @S BL*E RIBBON

Petition for prohibition to review the decision of the Senate lue 4ibbon Committee.Eranted.

F'C6S5 n /2 8uly 1#$, the 4epublic of the Philippines, represented by the

Presidential Commission on Eood Eovernance &PCEE), filed a complaint with

Sandiganbayan against the petitioners of this case. PCEE allege, among others,

that5 defendants &petitioners therein) en7amin GOo:oyH 4omualdez and 8uliette.

Eomez 4omualdez, alleged GcroniesH of former President 0arcos and First +ady

Imelda 4omualdez 0arcos, engaged in schemes and stratagems to un7ustly enrich

themselves at the e-pense of the Filipino people. 'mong these stratagems are &1)

obtained control of some big business enterprises such as 04'+C, Pilipinas Shell,

and PCI an:, &!) manipulated the formation of rectors Dolding Inc, to appear

viable and borrow more capital, reaching a total of more that P! billion, &/)

collaborated with lawyers &petitioners therein) of the engzon +aw ffices in

concealing funds and properties, in maneuvering the purported sale of interests in

certain corporations, in misusing the 0eralco Pension Fund worth P!" million, and in

cleverly hiding behind the veil of corporate entity. n 1/ September 1#$$, Sen. 8uan

Ponce nrile delivered a speech before the Senate on the alleged ta:e3over of Solil

Incorporated by 4icardo +opa &who died during the pendency of this case) and

called upon the senate to loo: into possible violation of the 'nti Eraft and Corrupt

Practices 'ct or 4' /21#. 6he Senate Committee on 'ccountability of Public fficers

or lue 4ibbon Committee &S4C) started its investigation through a hearing on !/0ay 1#$#, but +opa and engzon declined to testify. 6he S4C re7ected petitioner

engzon


24/235

1. B the court has 7urisdiction over this case.

!. B the S4C. B the in(uiry violates the petitioners< right to due process.

D+;5

1. S. 's the court held in 'ngara vs. lectoral Commission, the separation of

powers is a fundamental principle in our system of government. It obtains not

through e-press provision but by actual division in our Constitution. ach

department of the government has e-clusive cognizance of matters within its

7urisdiction, and is supreme within its own sphere. But it oe& not follow fro1

t!e fact t!at t!e t!ree +ower& are to /e ke+t &e+arate an i&tinct t!at

t!e Con&titution intene t!e1 to /e a/&olutel) unre&traine anine+enent of eac! ot!er. T!e Con&titution +ro(ie for an ela/orate

&)&te1 of c!eck& an /alance& to &ecure coorination in t!e working& of

t!e e+art1ent& of t!e go(ern1entand it is the 7udiciary that was vested of

the powers to determine the scope, nature and e-tent of such powers.

!. . A& !el in


25/235

In Bat:ins vs @nited States5 T!e +ower of congre&& to conuct in(e&tigation&

in in!erent in t!e legi&lati(e +roce&&.6hat power is broad. it encompasses

in(uiries concerning the administration of e-isting laws as well as proposed, or

possibly needed statutes. It inclue& &ur(e)& of efect& in our

&ocialecono1ic or +olitical &)&te1 for t!e +ur+o&e of ena/ling Congre&&

to re1e) t!e1. It comprehends probes into departments of the FederalEovernment to e-pose corruption, inefficiency or waste. ut /roa a& it i& t!i&

+ower of in,uir) i& not unli1ite.T!ere i& no general aut!orit) to e0+o&e

t!e +ri(ate affair& of ini(iual& wit!out 4u&tification in ter1& of t!e

function& of congre&&. 6his was freely conceded by Solicitor Eeneral in his

argument in this case. or is the Congress a law enforcement or trial agency. 6hese

are functions of the e-ecutive and 7udicial departments of government. o in(uiry is

an end in itself it must be related to and in furtherance of a legitimate tas: of

Congress. In(e&tigation& conucte &ol) for t!e +er&onal aggrani9e1ent

of t!e in(e&tigator& or to -+uni&!- t!o&e in(e&tigate are inefen&i/le.

>. . 6he Constitution provides the right of an accused of a crime to remain silentthis e-tends also to respondents in administrative investigation but only if they

parta:e of the nature of a criminal proceeding. 6his is not so in this case. @6 since

the court already held that the in(uiry is not in aid of legislation, the petitioners

therein cannot be compelled to testify.

2ISCAL PRO@ISIONS

Section 6;

All a++ro+riation re(enue or tariff /ill& /ill& aut!ori9ing increa&e of t!e

+u/lic e/t, bills of local application, and private bills, shall originate e0clu&i(el)in t!e ?ou&e of Re+re&entati(e&, but the Senate 1a) +ro+o&e or concur wit!

a1en1ent&.

Section 6$

". 6he rule of ta0ation &!all /e unifor1 an e,uita/le. 6he Congress

shall evolve a +rogre&&i(e &)&te1 of ta0ation.

6. 6he Congress may, by law, aut!ori9e t!e Pre&ient to fi0 wit!in

&+ecifie li1it& an &u/4ect to &uc! li1itation& an re&triction&as

it may i1+o&e tariff rate& i1+ort an e0+ort ,uota&, tonnage anw!arfage ue& an ot!er utie& or i1+o&t&within the framewor: of

the national development program of the Eovernment.

3. Charitable institutions, churches and personages or convents appurtenant

thereto, mos(ues, non3profit cemeteries, and all lands, buildings, and

improvements, actuall) irectl) an e0clu&i(el) u&e for religiou&

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c!arita/le or eucational +ur+o&e& &!all /e e0e1+t fro1

ta0ation.

;. o law granting an) ta0 e0e1+tion shall be passed wit!out t!e

concurrence of a 1a4orit) of all t!e 8e1/er& of t!e Congre&&.

TOLENTINO @S SEC. O2 2INANCE

Facts5

6he value3added ta- &*'6) is levied on the sale, barter or e-change of goods and

properties as well as on the sale or e-change of services. 4' 1% see:s to widen

the ta- base of the e-isting *'6 system and enhance its administration by

amending the ational Internal 4evenue Code. 6here are various suits challenging

the constitutionality of 4' 1% on various grounds.

One contention i& t!at RA %%"J i not originate e0clu&i(el) in t!e ?ou&e

of Re+re&entati(e& a& re,uire /) Art. @I Sec. 6; of t!e Con&titution/ecau&e it i& in fact t!e re&ult of t!e con&oliation of 6 i&tinct /ill& ?. No.

"""#% an S. No. "J3.6here is also a contention that S. o. 1%/2 did not pass /

readings as re(uired by the Constitution.

Issue5 Bhether or not 4' 1% violates 'rt. *I, Secs. !> and !%&!) of the

Constitution

Deld5

6he argument that 4' 1% did not originate e-clusively in the Douse of

4epresentatives as re(uired by 'rt. *I, Sec. !> of the Constitution will not bear

analysis. To /egin wit! it i& not t!e law /ut t!e re(enue /ill w!ic! i&

re,uire /) t!e Con&titution to originate e0clu&i(el) in t!e ?ou&e of

Re+re&entati(e&. 6o insist that a revenue statute and not only the bill which

initiated the legislative process culminating in the enactment of the law must

substantially be the same as the Douse bill would be to deny the Senates

power not only to concur with amendments but also to propose

amendments. Indeed, w!at t!e Con&titution &i1+l) 1ean& i& t!at t!e

initiati(e for filing re(enue tariff or ta0 /ill& /ill& aut!ori9ing an increa&e

of t!e +u/lic e/t +ri(ate /ill& an /ill& of local a++lication 1u&t co1e

fro1 t!e ?ou&e of Re+re&entati(e& on t!e t!eor) t!at electe a& t!e) are

fro1 t!e i&trict& t!e 1e1/er& of t!e ?ou&e can /e e0+ecte to /e 1ore&en&iti(e to t!e local nee& an +ro/le1&.or does the Constitution prohibit

the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from

the Douse, so long as action by the Senate as a body is withheld pending receipt of

the Douse bill.

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6he ne-t argument of the petitioners was that S. o. 1%/2 did not pass / readings

on separate days as re(uired by the Constitution because the second and third

readings were done on the same day. But t!i& wa& /ecau&e t!e Pre&ient !a

certifie S. No. "J3 a& urgent. T!e +re&iential certification i&+en&e

wit! t!e re,uire1ent not onl) of +rinting /ut al&o t!at of reaing t!e /ill

on &e+arate a)&. 6hat upon the certification of a bill by the President there(uirement of / readings on separate days and of printing and distribution can be

dispensed with is supported by the weight of legislative practice.

Section 6J

". very bill passed by the Congress &!all e1/race onl) one &u/4ect

which shall be e-pressed in the title thereof.

6. No /ill +a&&e by either Douse &!all /eco1e a law unle&& it !a&

+a&&e t!ree reaing&on &e+arate a)&, and +rinte co+ie&thereof

in its final form have been i&tri/ute to its 8e1/er& t!ree a)&/efore it& +a&&age, e-cept when the Pre&ient certifie& to t!e

nece&&it) of its immediate enactment to 1eet a +u/lic cala1it) or

e1ergenc). @pon the la&t reaingof a /ill, no a1en1ent t!ereto

&!all /e allowe, and the vote thereon shall be ta:en immediately

thereafter, and the yeas and nays entered in the 8ournal.

Sec. "' One Congre&& Two ?ou&e&

Sec. 15 6he legislative power shall be vested in the Congress of the Philippines

which shall consist of a Senate and a Douse of 4epresentatives, e-cept to the

e-tent reserved to the people by the provision on initiative and referendum.

POWERS'

#egislative

4epublican Systems5

a. riginal R possessed by the sovereign people

b. ;erivative R that which is delegated by the sovereign people to the

legislative bodies and is subordinate to the original power of the people

vested in Congress

Power according to its application5

1. Constituent R power to amend the Constitution

!. rdinary R power to pass ordinary laws

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$on-legislative

6' 5

%owers of Congress may be inherent (li&e the determination of its rules of

proceedings and discipline of its members) or implied (li&e the power to punish for

contempt in legislative investigations).

The people, through amendatory process, can eercise constituent power, and,

through initiative and referendum, legislative power.

Sec. 1!5 Full ;isclosure

Sec. 1/ and 1>5 ;is(ualifications

Cannot hold any other office or employment in the Eovernment, or anysubdivision, agency, or instrumentality thereof, including ECCs or theirsubsidiaries, during term without forfeiting his seat &incompatible office)

Cannot be appointed to an office created or the emolument of which wasincreased during his term &prohibited office)

Cannot personally appear as counsel before any court of 7ustice or before thelectoral 6ribunals, or (uasi37udicial and other administrative bodies

Cannot be directly or indirectly interested financially in any contract with, or inany franchise or special privilege granted by the Eovernment, or anysubdivision, agency or instrumentality thereof, including ECCs or its subsidiary,during term

Cannot intervene in any matter before any government office for his pecuniarybenefit or where he may be called upon to act on account of his office

Sec. ">' Se&&ion&

4E@+'4 R once every year on the fourth 0onday of 8uly, unless a differentdate is fi-ed by law, and shall continue to be in session for such number ofdays as it may determine until /2 days before the ne-t regular session

SPCI'+ R anytime when called by the President

Sec. "J' Officer& uoro1 Rule& of Proceeing& Di&ci+line of 8e1/er&

;ISCIP+I5

-pulsion R disorderly behavior

Suspension R should not be for more than %2 days

$'T "$"* The +-day suspension imposed by Congress to discipline its memberdoes not include the preventive suspension which may be imposed by theandiganbayan for prosecution of offenses.

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Courts have no authority to interfere in the manner of choosing officers in theenate such prerogative belongs to the enate

Sec. "%' Electoral Tri/unal&

CO8POSITION' # 1e1/er& / SC 8ustices R senior 8ustice is the Chairman

% Congressmen &Senators or 4epresentatives)

ased on proportional representation from the political parties or party3lists

Instituted within /2 days after organization of Senate and Douse with electionof President and Spea:er

2*NCTIONS' -clusive power to determine the (ualifications of members of Congress

Sole 7urisdiction to 7udge election contest between a member and the

defeated candidate

?RET !a& &ole an e0clu&i(e 4uri&iction to 4uge election conte&t&concerning it& 1e1/er&5 ?ou&e !a& no +ower to interfere5 ?RET 1e1/er&are entitle to &ecurit) of tenure regarle&& of an) c!ange in t!eir+olitical affiliation&Bonoc (&. Pinea G.R. No. #%%" Se+t. 6J "##"

If t!e (aliit) of t!e +rocla1ation i& t!e core i&&ue of t!e i&,ualificationca&e t!e +rocla1ation of t!e caniate cannot i(e&t Co1elec en /anc ofit& 4uri&iction to re(iew it& (aliit)5 8ini&terial ut) of t!e ?ou&e toa1ini&ter oat! of office

Codilla vs. de *enecia, E.4. no. 1"2%2", ;ec. 12, !22!

$'T "$"*

/istinguish between Codilla and arbers. 0n Codilla, the action was stillpending in the Comelec when the proclamation was made and the main issueraised was the legality of the proclamation. Thus, Comelec could not bedivested of its 1urisdiction to see the case through even when the proclaimedwinner already assumed office. 'n the other hand, in the arbers case, theaction was only ta&en after the proclamation of the winning candidate. Thus,the proper forum should have been the "T, and not the Comelec, since theact of proclaiming the winner made the latter a member of the enate and

thus within the sole 1urisdiction of the "T. ppeal, as a general rule, does not lie in election contests decided by the

"T34"T. 3owever, the upreme Court may eercise its power of 1udicialreview if the circumstances warrant.

!#


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' W!o i& t!e +ro+er +art) to +ut u+ an election conte&t again&t a winningcaniate'5 Follow the rule on real party3in3interest. 6he proper party is the one who standsto benefit or lose as a result of the decision. 6hus, only a losing candidate &!nd or/rd placer) can file an election contest.

' W!at if t!e winning caniate i& a lone caniate. W!o can ,ue&tion !i&,ualification W!o !a& 4uri&iction'5 It is submitted that in case of a winning candidate who is a lone candidate, a non3candidate may (uestion his (ualification. In which case, 7urisdiction belongs with theelectoral tribunal of the Douse concerned in (uo warranto proceedings.

Re1e)' Petition for Cancellation of Caniac) /efore election or uoWarrant wit!in " a)& fro1 +rocla1ationSampayan vs. ;aza, !1/ SC4' $2

Enrolle Bill an


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disapproval or ne-t ad7ournment, signifying that it can no longer bewithdrawn or revo:ed by the President. 6he fear that the President canwithdraw or revo:e at any time and for any reason an ad interimappointment is utterly without basis.'n ad interim appointment can beterminated for two causes specified in the Constitution. 6he first cause is thedisapproval of his ad interim appointment by the Commission on

'ppointments. 6he second cause is the ad7ournment of Congress without theCommission on 'ppointments acting on his appointment.

/. Te1+orar) R appointments in acting capacity no need for concurrenceof C' and shall last only for a period not e-ceeding one year

Legi&lati(e In,uirie&In(e&tigation&

INDS5 In 'id of +egislation &Sec. !1)

Nuestion Dour &Sec. !!)

In Ai of Legi&lation

CONDITIONS'

8u&t /e in ai of legi&lation either in ma:ing a new legislation or improving adefective one

6he rules and regulations providing for its conduct must be duly published6he rights of individuals must be respected &e.g. right against self3incrimination)

ue&tion ?ourR Congress may summon heads of e-ecutive departments to shedlight on certain matters in aid of legislation or the heads may appear beforeCongress upon their own initiative with approval of the President either in theCongressional Chamber or the -ecutive ffice

' Can a 1e1/er of t!e Ca/inet refu&e to a++ear /efore Congre&&'5 ' distinction must be made between the (uestion hour and in(uiries in aid oflegislation. 6he former is merely permissive and does not, as a rule, includecompulsory processes such that a Cabinet member may validly refuse to appearbefore Congress. Dowever, if the in(uiry is in aid of legislation, Congress isempowered to issue subpoenas and may rightly cite anyone called before it incontempt should they refuse to appear. 6he only e-emption to this power is if thePresident or the -ecutive Secretary by the President


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' ?ow oe& Congre&& elegate e1ergenc) +ower& to t!e Pre&ient'5 6hrough a law passed for purpose of carrying out a declared national policy. Itceases with the passing of another resolution from Congress without need forPresident' ART Bill& Tran&fer of 2un& Di&cretionar) 2un&

A++ro+riation BillR a statue the primary and specific purpose of which is toauthorize the release of funds from the treasury

6 INDS O2 APPROPRIATION BILLS' Eeneral 'ppropriation

Special 'ppropriation

SPECI2IC RE*IRE8ENTS O2 GENERAL APPROPRIATION BILL' 0ust originate from the Douse of 4eps which has the power of the purse

0ust be based on a budget prepared by the President

6he particular provision must relate to a particular item in the said bill 0ust not be for the use, benefit or support of any sect, church, denomination,

sectarian institution, or system of religion, or any priest, preacher, minister orother religious teacher, or dignitary as such, KCP65 when such priest, etc. isassigned to the armed forces, or to any penal institution, or governmentorphanage or leprosarium

/!


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' Can a law creating an office an at t!e &a1e ti1e +ro(ie fori&/ur&e1ent of fun& /e con&iere an a++ro+riation /ill'5 o, because the main purpose of that law is not the disbursement of funds butthe creation of an office.

' Can Congre&& increa&e t!e /uget a++ro+riate or reco11ene /)

t!e Pre&ient'5 o, but Congress can decrease the amount.

' W!at !a++en& if Congre&& fail& to +a&& a general a++ro+riation& act'5 6he previous act will be re3enacted to be used for the fiscal year until such timethat a Eeneral 'ppropriations ill shall be passed.

SPECI2IC RE*IRE8ENTS O2 SPECIAL APPROPRIATION BILL' 0ust be for a specific purpose

0ust have a certification from the ational 6reasurer that the funds areavailable or if there is an accompanying revenue proposal as to how to raisethe funds needed

NOTA BENE:

Certification from the $ational Treasurer is needed in order to avoid 5subrosa6 appropriation, wherein a special appropriations measure is done eventhough the funds are not available.

ut a special appropriation bill may be filed even if there is no budget yet solong as there is an accompanying revenue proposal on how to raise thefunds.

Ta0Re(enueR enforced proportional contributions from persons and property,levied by the State by virtue of its sovereignty, for the support of government andfor public needs

IN?ERENT CONSTIT*TIONAL LI8ITATIONS O2 TAATION' 6a-es are for public purposes

on3delegation of ta-ing power

6erritoriality or situs of ta-ation

6a- e-emptions as provided in the Constitution with concurrence of ma7ority

of Congress International comity

6a-es should not be oppressive

;ue process must be observed

'dheres to the bill of rights

on3infringement of religious freedom

on3impairment of contracts

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6a- levied for a special purpose shall be treated as a special fund and paidout for such purpose only &any balance shall be transferred to the generalfunds of the Eovernment

6a- laws must be uniform and e(uitable

Progressive ta- system

Di&cretionar) 2un&CONDITIONS'

;isbursed for a public purpose

;uly supported by appropriate vouchers

Sub7ect to guidelines prescribed by law

Tran&fer of 2un&GR' tran&fer of fun& i& not allowe"7C* if the transfer is only within one department, or if there is surplus or savingsand the transfer is for the purpose of augmenting any item in the appropriation law

W?O 8A TRANS2ER 2*NDS' President

Senate President

Spea:er of the Douse

Chief 8ustice

Deads of the Constitutional Commissions

Sec. 6J' Re,uire1ent& a& to Bill&

RE*IRE8ENTS5 One &u/4ect +er titleR to prevent hodgepodge or logrolling legislation

wherein many sub7ects are contained in a single bill in order to accommodatesome sub7ects that cannot possibly pass through a single bill on its own andso that greater support for the bill is garnered

Su/4ect of t!e /ill 1u&t /e e0+re&&e in t!e titleR to prevent surpriseor fraud beause some members of Congress might not be able to read thewhole bill a way of informing the public of what the bill is all about

Some bills 1u&t originate ECL*SI@ELfrom the Douse of 4eps 3 reaing& on 3 &e+arate a)&and printing and distribution at least /

days before final approval R KCP6I5 when the President certifies thenecessity of its immediate enactment to meet a public calamity or

emergency

$'T "$"*

#ogrolling legislation is sought to be prevented in order to avoid a situation whereinwhat had been disapproved if ta&en on its own, may be approved because it waslumped in a favorable sub1ect.

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0t is enough that the title must be able to state what the bill is all about, withoutnecessarily enumerating the details of the bill.%residential certification dispenses with both the 8-day printing and the 8 readingson 8 separate days. ut the bill must still go through 8 readings, which may bedone on the same day. This is not sub1ect to 1udicial review, as a general rule,because there is no factual basis of grave abuse of discretion to spea& of.

Sec. 6%' Pre&ient& @eto

?OW PRESIDENT EERCISES @ETO POWER'

Eeneral R for all bills e-cept '46 bills veto the whole bill &general rule)

+ine or Item R only for '46 bills because each item of '46 is a bill in itself interms of importance veto only certain provisions that are inappropriate

INAPPROPRIATE PRO@ISIONS'

'ny provision that does not relate to a particular, distinctive appropriation oritem in such a case, the inappropriate provision shall be treated as an itemand therefore can be vetoed

'ny provision bloc:ing admnistrative action in implementing the law orre(uiring legislative approval for e-ecutive action

'ny provision that is unconstitutional

'ny provision that amends a certain law

' W!en oe& a /ill /eco1e a law'5 ' bill becomes a law after the President


36/235

law itself may provide, through its effectivity clause, that it becomes effective afterthe lapse of a different period. &See 6anada vs. 6uvera)

T!e Legi&lati(e 8ill

DraftingR done by either a member of the Douse or the ill ;rafting;ivision. 6he draft goes to the Plenary 'ffairs ureau of the Inde- and ills

;ivision where it will be doc:eted and assigned a bill number, e.g. Douse ill o. 2ir&t Reaing R only the title and the number of the bill is read, after which,the Senate President or the Douse Spea:er will refer it to the right committee,depending on the title the committee will study the bill and, if necessary,conduct public hearings this is where the bill either gets G:illedH orrecommended for approval, with amendments, if any, or consolidated with otherbills on the same sub7ect

Secon Reaing R involves a reading of the whole te-t of the bill, not 7ustthe title and doc:et number the sponsor of the bill will ma:e his SponsorshipSpeech, followed by the 6urno en Contra who will oppose the passage of the billthen comes the debate and interpellation, after which, the amendments agreedupon are finalized the bill as amended is then printed and distributed to themembers at least / days before the /rd reading

T!ir Reaing R no more debates or discussions or (uestions members areonly there to vote to approve or re7ect the bill and, if re(uired by law, to e-plainwhy so voting will be done through yeas and nays

ReferralR after the /rd reading, the bill will be referred to the other chamberwhere it will also undergo / readings in case of conflict, the bill will be referredto the icameral Chamber, which is a committee composed of members of eachDouse the icameral Chamber will draft a compromise measure that, ifapproved by both Douses, will be submitted to the President for him to veto orapprove into law

Li1itation& on Legi&lati(e Power Substantive 3 curtail the contents of a law

on3delegation of legislative power

Prohibiting passage of irrepealable laws

Prohibiting passage of law that increases the appellate 7urisdiction ofSC without its advice and concurrence &Sec. /2)

Prohibiting law granting royalty or nobility &Sec. /1)

Procedural R curtail the manner of passing a law

T!e Pre&ient Art. %

Section "

6he e-ecutive power shall be vested in the President of the Philippines.

8ARCOS @S 8ANGLAP*S I AND II

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Facts5 6his case involves a petition of mandamus and prohibition as:ing the court to

order the respondents Secretary of Foreign 'ffairs, etc. 6o issue a travel documents

to former Pres. 0arcos and the immediate members of his family and to en7oin the

implementation of the PresidentAs decision to bar their return to the Philippines.

Petitioners assert that the right of the 0arcoses to return in the Philippines is

guaranteed by the ill of 4ights, specifically Sections 1 and %. 6hey contended thatPres. '(uino is without power to impair the liberty of abode of the 0arcoses

because only a court may do so within the limits prescribed by law. or the

President impair their right to travel because no law has authorized her to do so.

6hey further assert that under international law, their right to return to the

Philippines is guaranteed particularly by the @niversal ;eclaration of Duman 4ights

and the International Covenant on Civil and Political 4ights, which has been ratified

by the Philippines.

Issue5 Bhether or not, in the e-ercise of the powers granted by the constitution, the

President &'(uino) may prohibit the 0arcoses from returning to the Philippines.

Deld5 9It must be emphasized that the individual right involved is not the right to

travel from the Philippines to other countries or within the Philippines. 6hese are

what the right to travel would normally connote. ssentially, the right involved in

this case at bar is the right to return to oneAs country, a distinct right under

international law, independent from although related to the right to travel. T!u&

t!e *ni(er&al Declaration of ?u1an Rig!t& an t!e International Co(enant

on Ci(il an Political Rig!t& treat t!e rig!t to freeo1 of 1o(e1ent an

a/oe wit!in t!e territor) of a &tate t!e rig!t to lea(e t!e countr) an

t!e rig!t to enter one=& countr) a& &e+arate an i&tinct rig!t&. Bhat the

;eclaration spea:s of is the 9right to freedom of movement and residence withinthe borders of each state9. n the other hand, the Covenant guarantees the right to

liberty of movement and freedom to choose his residence and the right to be free to

leave any country, including his own. Suc! rig!t& 1a) onl) /e re&tricte /)

law& +rotecting t!e national &ecurit) +u/lic orer +u/lic !ealt! or 1oral&

or t!e &e+arate rig!t& of ot!er&.Dowever, right to enter oneAs country cannot

be arbitrarily deprived. It would be therefore inappropriate to construe the

limitations to the right to return to ones country in the same conte-t as those

pertaining to the liberty of abode and the right to travel.

6he ill of rights treats only the liberty of abode and the right to travel, but it is a

well3considered view that the right to return may be considered, as a generally

accepted principle of International +aw and under our Constitution as part of the law

of the land.

T!e court !el t!at Pre&ient i not act ar/itraril) or wit! gra(e a/u&e of

i&cretion in eter1ining t!at t!e return of t!e 2or1er Pre&. 8arco& an

/


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!i& fa1il) +o&e& a &eriou& t!reat to national intere&t an welfare.President

'(uino has determined that the destabilization caused by the return of the

0arcoses would wipe away the gains achieved during the past few years after the

0arcos regime.

6he return of the 0arcoses poses a serious threat and therefore prohibiting theirreturn to the Philippines, the instant petition is hereby ;IS0ISS;.

8OTION 2OR RECONSIDERATION

o. 6he 0arcoses were not allowed to return. 0otion for 4econsideration denied

because of lac: of merit.

4atio5

Petitioners failed to show any compelling reason to warrant reconsideration.

Factual scenario during the time Court rendered its decision has not changed. 6hethreats to the government, to which the return of the 0arcoses has been viewed to

provide a catalytic effect, have not been shown to have ceased. Imelda 0arcos also

called President '(uino GillegalH claiming that it is Ferdinand 0arcos who is the

legal president.

President has unstated residual powers implied from grant of e-ecutive power.

numerations are merely for specifying principal articles implied in the definition

leaving the rest to flow from general grant that power, interpreted in conformity

with other parts of the Constitution &Damilton). -ecutive unli:e Congress can

e-ercise power from sources not enumerates so long as not forbidden by

constitutional te-t &0yers vs. @S). 6his does not amount to dictatorship.'mendment o. % e-pressly granted 0arcos power of legislation whereas 1#$

Constitution granted '(uino with implied powers.

It is within '(uino


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Deld5

In @nited States v. i-on5

The epectation of a %resident to the confidentiality of his conversations and

correspondence, li&e the claim of confidentiality of 1udicial deliberations, for

eample, has all the values to which we accord deference for the privacy of all

citi9ens and, added to those values, is the necessity for protection of the

public interest in candid, obecti!e, and e!en blunt or harsh opinions in

"residential decision#ma$in%. A "resident and those who assist him must

be free to e&plore alternati!es in the process of shapin% policies and

ma$in% decisions and to do so in a way many would be unwillin% to

e&press e&cept pri!ately.These are the considerations 1ustifying a presumptive

privilege for %residential communications. The privilege is fundamental to the

operation of the government and inetricably rooted in the separation of powersunder the Constitution. . . .

0n each case, the showing of necessity which is made will determine how far the

court should probe in satisfying itself that the occasion for invo&ing the privilege is

appropriate. 'here there is a stron% showin% of necessity, the claim of

pri!ile%e should not be li%htly accepted, but e!en the most compellin%

necessity cannot o!ercome the claim of pri!ile%e if the court is ultimately

satisfied that military secrets are at sta$e. A fortiori, where necessity is

dubious, a formal claim of pri!ile%e, made under the circumstances of this

case, will ha!e to pre!ail.

In t!e ca&e at /ar t!ere i& no clai1 t!at 1ilitar) or i+lo1atic &ecret& will

/e i&clo&e /) t!e +rouction of recor& +ertaining to t!e +er&onnel of

t!e EIIB. Indeed, IIAs function is the gathering and evaluation of intelligence

reports and information regarding 9illegal activities affecting the national economy,

such as, but not limited to, economic sabotage, smuggling, ta- evasion, dollar

salting.9 Con&e,uentl) w!ile in ca&e& w!ic! in(ol(e &tate &ecret& it 1a) /e

/#


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&ufficient to eter1ine fro1 t!e circu1&tance& of t!e ca&e t!at t!ere i&

rea&ona/le anger t!at co1+ul&ion of t!e e(ience will e0

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46783509 Political Law Reviewer