Consti Law Reviewer MIDTERM

7/27/2019 Consti Law Reviewer MIDTERM

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Allan Pamis [email protected] LAW I REVIEWER:

Constitution: a written instrument by which the fundamentalpowers of government are established, limited, and defined, and bywhich these powers are distributed among several departments, fortheir more safe and useful exercise, for the benefit of the bodypolitic.

Constitutional Law: a body of rules resulting from the interpretationby a high court of a written constitutional instrument in the courseof disposing of cases in which the validity, in relation to theconstitutional instrument, of some act of governmental powerhas been challenged.

Classification of constitutions based on the extent to whichconstitutions are observed as norms of governmental action:

1. normative constitution its norms direct governmentalaction, and governments habitually adjusts its actions to thenorms.

2. nominal constitution it is a constitution which cannot yetbe fully operative because of existing socio-economicconditions. Its principal value is educational which pointstowards the mature state to which a fledging polity mustgrow.

3. semantic constitution The primary purpose of aconstitution is to limit power and the semantic constitutiondoes the opposite. It is a tool for the perpetuation of powerin the hands of power holders.

Three Parts of a Constitutional Document:

1. constitution of government provisions which set up the

governmental structure2. constitution of liberty provisions which guaranteeindividual fundamental liberties against governmental abuse

3. constitution of sovereignty provisions which outline theprocess whereby the sovereign people may change theconstitution

Historical Notes:

June 1, 1971 1971 constitutional convention began

September 21, 1972 Martial Law was imposed on thewhole Philippines. Despite this, the constitutional conventionstill continued with their task

November 30, 1972 PD # 73 submitting to the Filipinopeople for ratification or rejection the Constitution of theRepublic of the Philippines proposed by the 1971Constitutional Convention

January 17, 1973 The President has announced, throughProclamation number 1102, that the proposed Constitutionhas been ratified by an overwhelming vote of the members

of the Citizens Assemblies.

March 31, 1973 The Supreme Court (divided) ruled thatthe Constitution has now been considered in force and hastaken effect.

1976 the 1973 Constitution ahs been amended to providefor an interim Batasang Pambansa to replace the interimnational assembly

1981 Constitution was revised to a modified version ofpresidentialism

February 1986 has ended the 1973 Constitution through arevolution. Cory is now president which is in defiance of the

1973 Constitution March 25, 1986 Proclamation number 3 Freedom

Constitution

June 2, 1986 a new constitutional commission convenedand has completed its work on October 15, 1986

February 2, 1986 approved by a plebiscite and the 1987Constitution has been approved and it has taken effect thesame day.

PREAMBLEWe, the sovereign Filipino people,imploring the aid of Almighty God,

in order to build a just and humane society,and establish a Government 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 democracyunder the rule of law and a regime of truth,justice, freedom, love, equality, and peace,do ordain and promulgate this Constitution.

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Allan Pamis [email protected]: it sets down the origin, scope, and purpose of theConstitution, it is useful as an aid in ascertaining the meaning ofambiguous provisions in the body of the constitution. It is a sourceof light.

Origin / authorship: the will of the sovereign Filipino people

Scope and purpose: to build a just and humane society and toestablish a government that shall embody our ideals andaspirations, promote the common good, conserve and develop ourpatrimony, and secure to ourselves and our posterity the blessingsof independence and democracy under the rule of law and a regimeof truth, justice, freedom, love, equality, and peace.

Use of words:a. We first person; stresses the active and sovereign role of theFilipino people as author of the Constitution. In the 1935constitution, the Filipino people was used denoting that anotherpower was merely announcing that the Filipinos were finally being

allowed to promulgate a constitution.b. Almighty God more personal and more consonant withpersonalist Filipino religiosityc. common good projects the idea of a social order that enablesevery citizen to attain his or her fullest development economically,politically, culturally, and spiritually. Versus general welfarebecause it denotes the greatest good for the greatest numberd. equality major problem in the RP society if the prevalence ofgross economic and political inequalitiese. love as a monument to the love that prevented bloodshed inthe February revolutionf. truth as a protest against the deception which characterized the

Marcos regimeg. peace the fruit of the convergence of truth, justice, freedom,and love.h. rule of law expresses the concept that government officialshave only the authority given them by law and defined by law, andthat such authority continues only with the consent of the people.

ARTICLE INational Territory

The national territory comprises the Philippine archipelago, with allthe islands and waters embraced therein, and all other territories

over which the Philippines has sovereignty or jurisdiction,consisting of its terrestrial, fluvial, and aerial domains, including itsterritorial sea, the seabed, the subsoil, the insular shelves, andother submarine areas. The waters around, between, andconnecting the islands of the archipelago, regardless of theirbreadth and dimensions, form part of the internal waters of thePhilippines.

Importance of defining territory:

1935: To prevent the United States from dismemberingthe Philippines. The acceptance of the Constitution bythe US President would oblige his government topreserve the territorial integrity of the Philippines asdefined in the constitution.

1973: Adherence to the archipelagic principle

1986: Educational value; apprehension that absence ofthis provision would be difficult to explain.

Constitution is municipal law and binds only the nation

promulgating it. Will not be binding internationally unlesssupported by international law.

Scope of national territory:

Archipelago

All other territories over which the Phils has sovereigntyor jurisdiction

Territorial sea, seabed, subsoil, and other submarineareas of (1) and (2)

Terrestrial, fluvial and aerial domains of (1) and (2)

What: Archipelago is a body of water studded with islands.

Where: Philippine archipelago delineated by Treaty of Paris(as modified by Treaty of Washington and Treaty with GreatBritain)

All other territories includes any territory which presentlybelongs to the Phils or might in the future belong to thePhils through any of the internationally accepted modes ofacquiring territory.

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Allan Pamis [email protected] jurisdiction refers to Batanes Islands, which liesoutside lines drawn by Treaty of Paris. This also includesSabah, Marianas, Freedomland.

Neither claims nor disregards Sabah, but asserts a legalsituation in which Sabah can have a place in Phil territorydepending on outcome of current dispute.

Elements of Archipelagic principle:

Claim on internal waters irrespective of breadth anddimension

Straight baseline method of delineating territorial sea

Conflict between UNCLOS and Consti:

What Consti calls Internal Waters are archipelagicwaters in UNCLOS. No right of innocent passagethrough internal waters.

UNCLOS limits straight baselines to 125 nautical miles.Some of the lines drawn by Republic Acts extend beyond

125 mi.When RP ratified UNCLOS, it added a declaration that thesigning shall not impair sovereign rights arising from theConstitution.

ARTICLE IIDeclaration of Principles and State Policies

Statement of the basic ideological principles and policies thatunderlie the constitution. Provisions shed light on the meaning ofother provisions of the Constitution. Guide for all departments of

government in the implementation of the Constitution. Principles: binding rules that must be observed in the conduct

of government

Policies: guidelines for the orientation of the state.

distinction is of little significance because not all principles areself-executory and some of the policies already anchor justiciablerights.

Principles

Section 1. The Philippines is a democratic and republicanState. Sovereignty resides in the people and all governmentauthority emanates from them.

State: Community of persons more or less numerous, permanentlyoccupying a definite portion of territory, independent of externalcontrol, and possession an organized government to which the

great body of inhabitants render habitual obedience.

4 elements of a state:

PEOPLE: community of persons sufficient in number andcapable of maintaining the continued existence of thecommunity and held together by a common bond of law

TERRITORY

SOVEREIGNTY: property of a state-force due to which it has theexclusive capacity of legal self-determination and self-restriction (Jellinek). Legal sovereignty is the supreme power tomake law which is lodged in the people. Political sovereignty isthe sum total of all the influences in a state, legal and non-

legal, which determine the course of law. GOVERNMENT: that institution by which an independent society

makes and carries out those rules of action which are necessaryto enable men to live in a social state, which are imposed uponthe people forming the society by those who possess the poweror authority of prescribing them. Includes legislative, executiveand judicial branches and local governments but excludesgovernment entities which are given a corporate personalityseparate and distinct from the government.

State (legal concept) and Nation (ethnic concept) usedinterchangeably

Republican state: all government authority emanates from thepeople and is exercised by representatives chosen by the people.

Democratic state: reference to aspects of direct democracy such asinitiative and referendum. Also a monument to 1986 revolution thatre-won freedom through direct action of the people.

Marcos Constitutional Authoritarianism: assumption ofextraordinary powers by the President authorized by thelegitimately enacted Constitution.

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Allan Pamis [email protected] and Functions of Government:Constituent: compulsory functions which constitute the very bondsof society.(1) Keeping of order and providing for the protection of persons

and property from violence and robbery(2) Fixing of the legal relations between man and wife and between

parents and children

(3) Regulation of property and determination of its liabilities fordebt or for crime

(4) Definition and punishment of crime(5) Administration of justice in civil cases(6) Determination of political duties, privileges, and relations of

citizens(7) Dealings of the state with foreign powers.(8) Dealings of the state with foreign powers; the preservation of

the state from external dandier or encroachment and theadvancement of its international interest.

Ministrant: optional functions of government intended for achievinga better life for the community. The determination of whether or

not a government should exercise certain of these functions are:(1) That a government should do for the public welfare those things

which private capital would not naturally undertake(2) That a government should do those things which by its very

nature it is better equipped to administer for the public welfarethan is any private individual or group of individuals.

Bacani vs. NACOCOIssue: Whether NACOCO was part of the government or notHeld: Because NACOCO was a corporation with personality distinctfrom the government, it was clearly not part of the government andcould not therefore claim the privileges that flow from sovereignty.

ACCFA vs. CUGCOIssue: characterization of the functions of a government agencycharged with implementation of the land reform program.Held: Function may not strictly be constituent, but the compellingurgency with which the Constitution speaks of social justice doesnot leave any doubt that land reform in not an optional but acompulsory function of governmentRatio: Enumeration of specific government functions under theseheadings cannot be static. Enumeration is unrealistic for currenttimes.

Administration: distinguished from government, is defined as theaggregate of persons in shoes hands the reins of government arefor the time being.

Sovereignty:People vs. GozoIssue: WoN a building permit is needed to construct a house inside

an American baseHeld: Permit is necessary. RP has not abdicated sovereignty overthe bases or divested itself completely of all jurisdiction overoffenses committed therein. US government has preferential orprior but not exclusive jurisdiction.

Governments de jure and de factoCo Kim Cham vs. Valdez Tan KehAll acts and proceedings of the legislative, executive and judicialdepartments of a de facto government are good and valid.

Issue: WoN governments established during the Japanese military

occupations were de facto governments.

Held: Actions not of a political complexion were good and valid andby postliminy remained good and valid after liberation.

Kinds of de facto governments:(1) Government that gets possession and control of, or usurps, by

force or by the voice of the majority, the rightful legalgovernment, and maintains itself against the will of the latter(England under Commonwealth)

(2) Established and maintained by military forces who invade andoccupy a territory of the enemy in the course of war, and which

is denominated a government of paramount force (Maine,Tampico Mexico)

(3) Established as an independent government by the inhabitantsof a country who rise in insurrection against a parent state(Southern Confederacy)

In re Letter of Associate Justice PunoCory government under Freedom Constitution: DE JURE because itwas established by authority of the legitimate sovereign, thepeople

Republic vs. Sandiganbayan

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Allan Pamis [email protected] government was a revolutionary government bound by noconstitution or legal limitations except treaty obligations that therevolutionary government, as the DE JURE government in thePhilippines, assumed under international law.

Patterns of Government(1) Direct democracy: If the people, organized as the electorate,

are the preponderant power holder(2) Assembly government: Parliament, as the representation of the

people, is the ascendant power holder(3) Parliamentarism: Equilibrium between the independent power

holders, parliament and government, is attempted byintegrating the latter into the former. Interdependence byintegration.

French type: Supremacy of assembly overgovernment

British type: Ascendancy of cabinet over parliament(4) Presidentialism: government and parliament are kept separated

but are constitutionally obliged to corporate for the formation of

the will of the state. Interdependence by coordination. Alsoknown as separation of powers

(5) Directory government: Collegiate structure of the governmentpower holder. (Swiss)

Assembly Government

Most discredited because when it made its first appearance inrevolutionary France it was held responsible for dictatorship andterror

Standard pattern of Communist government

Legislative assembly, popularly elected, holds undisputedsupremacy over all other state organs, subject only to thesovereign electorate renewing it at regularly recurrent intervals.

Executive is servant of the assembly, appointed and dismissedat the assemblys discretion.

Autonomy and power monopoly of assembly

Parliamnetarism (French model)

Most common pattern of constitutional-democratic governmenttoday.

Generic term with widely divergent applications; 3 points to benoted

(1) Existence of representative or parliamentary institutionsin a state does not mean that government is of theparliamentary form

(2) Parliamentary government is not identical with cabinetgovernment

(3) To be qualified as parliamentary, the governmentalstructure must possess certain features common to all

its variants and not found in any other pattern ofgovernment.

Attempt to establish between two independent and separatepower holders (assembly and government) such an equilibriumthat neither one can gain ascendancy over the other.

2 power holders share in policy decision and policy execution bylegislation. Also in policy control by reciprocal constraints andmutual controls

Ideal type is complete equilibrium between the 2, subject toperiodical political reorientation by the verdict of the electorate,each of them endowed with restraining and controlling powerssymmetrically matching those of the other power holder.

Structural elements common to all variants of genuineparliamentary government:

(1) Members of government or cabinet are simultaneouslymembers of the parliament

(2) Government or cabinet consists of the political leaders ofthe majority party or coalition. Cabinet is a committeeof the assembly, fused and integrated with it.

(3) Government-cabinet has pyramidal structure with primeminister as recognized leader. Prime minister exercisesundisputed supremacy over his ministerial colleagues

(4) Government remains in power as long as it commandsthe support of the majority of parliament. Power is lost

by withdrawal of support or results of elections changingmajority party.

(5) Policy decision is shared by government and theparliament.

(6) Crux is in policy control: Parliamnetarism must beoperated by reciprocal control devices at the disposal ofboth power holders. (Dissolution and vote of non-confidence)

Cabinet government (English Model)

Undisputed ascendancy of the government (PM and Cabinet)over the parliament.

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Allan Pamis [email protected] Main features:

(1) Predicated on existence of 2 alternating partiespossession even chances in the long run of becomingthe majority party at the general elections. Noproportional representation, population shifts areremedied by a periodical redistribution of seats.

(2) Cabinet is a relatively small committee, composed of he

leaders of the majority party. All must be members ofparliament

(3) Official leader of the majority winning the generalelections is prime minister designate who choosesmembers of cabinet at his discretion. Monopolizes policydetermination.

(4) Parliament is granted degree of participation in thepolicy execution by legislation that the prevailingpolitical climate demands.

(5) Policy control is vested in parliament and electorate.(Question time)

(6) Party discipline is key

Presidentialism

Separation of functions/ Separated and coordinatedfunctions

Free Telephone Workers Union vs. Minister of LaborFMs government under the 1973 Consti had distinguishing marksof presidential form:(1) Separation of powers(2) Preeminence of the President over Prime Minister

Section 2. The Philippines renounces war as an instrument

of national policy, adopts the generally accepted principlesof international law as part of the law of the land andadheres to the policy of peace, equality, justice, freedom,cooperation, and amity with all nations.

Renounces aggressive not defensive war

Adoption of generally accepted principles depends onjurisprudential development

(1) Right of an alien to be released on bail while awaitingdeportation when his failure to leave the country is dueto the fact that no country will accept him

(2) Right of a country to establish military commissions totry war criminals

(3) Vienna Convention on Road Signs and Signals(4) Duty to protect embassies and legations

Affirmation of amity does not mean automatic diplomaticrecognition of all nations. Amity with all nations is an ideal to be

aimed at. Diplomatic recognition remains a matter of executivediscretion.

Principles of international law vs Statute

Whichever is passed later prevails

International law has same weight as statute

Section 3. Civilian authority is, at all times, supreme overthe military. The Armed Forces of the Philippines is theprotector of the people and the State. Its goal is to securethe sovereignty of the State and the integrity of the

national territory.

Civilian supremacy clause: civilian authority is supreme

Mark of sovereignty clause: Military as guardian of the people,integrity of the national territory and ultimately of the majestyof the law.

Expression of disapproval of military abuses

Section 3 is capsule description of the vocation of a soldier

Section 4. The prime duty of the Government is to serveand protect the people. The Government may call upon thepeople to defend the State and, in the fulfillment thereof,all citizens may be required, under conditions provided bylaw, to render personal military or civil service.

Defense of state is no longer prime duty of government.

Provisions in 1935 and 1973 led to interpretations thatjustified a national security state offensive to the people

Present version places emphasis on service to and protectionof the people

Under conditions provided by law emphasizes primacy ofserving the interest of the people and protecting their rightseven when there is need to defend the state.

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Allan Pamis [email protected]

Section 5. The maintenance of peace and order, theprotection of life, liberty, and property, and the promotionof the general welfare are essential for the enjoyment by allthe people of the blessings of democracy.

Refers to the constituent function of government

Section 6. The separation of Church and State shall beinviolable.

State Policies

State policies are not laws, but exhortations on government.

Section 7. The State shall pursue an independent foreignpolicy. In its relations with other states the paramountconsideration shall be national sovereignty, territorial

integrity, national interest, and the right to self-determination.

Independent foreign policy; paramount consideration to(1) National sovereignty(2) Territorial integrity(3) National Iterest(4) Self-determination

Section 8. The Philippines, consistent with the national

interest, adopts and pursues a policy of freedom fromnuclear weapons in its territory.

Freedom from nuclear weapons includes prohibition not onlyof the possession, control, manufacture of nuclear weaponsbut also nuclear arms tests

Not an absolute prohibition, but any exception must bejustified by the demands of national interest

Does not prohibit peaceful uses of nuclear energy

Section 9. The State shall promote a just and dynamicsocial order that will ensure the prosperity and

independence of the nation and free the people frompoverty through policies that provide adequate socialservices, promote full employment, a rising standard ofliving, and an improved quality of life for all.

Section 10. The State shall promote social justice in allphases of national development.

Underlying premises: poverty and gross inequality are majorproblems besetting the nation and that these problemsassault the dignity of the human person

Social justice: equalization of political, economic and socialopportunities with emphasis on the duty of the state to tilt thebalance of social forces by favoring the disadvantaged in life.

1935: justice for the common tao; 1973: those who have morein life should have more in law

Provision has been instrumental in the socialization of theattitude of jurisprudence to property rights, thus eradicatinglaissez faire.

Section 11. The State values the dignity of every humanperson and guarantees full respect for human rights.

Section 12. The State recognizes the sanctity of family lifeand shall protect and strengthen the family as a basicautonomous social institution. It shall equally protect thelife of the mother and the life of the unborn fromconception. The natural and primary right and duty ofparents in the rearing of the youth for civic efficiency andthe development of moral character shall receive thesupport of the Government.

Not a prohibition of divorce

Family: stable heterosexual relationship

Protects family from instrumentalization by the state

Unborno Not an assertion that the unborn is a legal persono Not an assertion that the life of the unborn is placed

exactly on the level of the life of the mother.o Overriding purpose is to prevent the State form

adopting the doctrine in Roe vs. Wade

Respect for life harmonizes with the abolition of the deathpenalty and the ban on nuclear weapons

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Allan Pamis [email protected] 13. The State recognizes the vital role of the youthin nation-building and shall promote and protect theirphysical, moral, spiritual, intellectual, and social well-being.It shall inculcate in the youth patriotism and nationalism,and encourage their involvement in public and civic affairs.

Education: primary and natural right belongs to the parents.

State has secondary and supporting role.

Section 14. The State recognizes the role of women innation-building, and shall ensure the fundamental equalitybefore the law of women and men.

Does not repeal inequalities found in the Civil Code andjurisprudence

Gives impetus to removal through statutes of existinginequalities

General idea is for the law to ignore sex when it is not arelevant factor in determining rights and duties

Not meant to ignore customs and traditions

Section 15. The State shall protect and promote the rightto health of the people and instill health consciousnessamong them.

Section 16. The State shall protect and advance the rightof the people to a balanced and healthful ecology in accordwith the rhythm and harmony of nature.

Provides an enforceable right

Oposa vs. FactoranRecognized Sec. 16 as conferring standing on minors to challengethe logging policies of the governmentAccepted concepts of inter-generational responsibility and justice

LLDA vs. Court of AppealsUpheld authority of LLDA to protect he inhabitants of the LagunaLake area from pollution. Rejected local autonomy claim of localgovernments in the area.

Section 17. The State shall give priority to education,science and technology, arts, culture, and sports to foster

patriotism and nationalism, accelerate social progress, andpromote total human liberation and development.

Section 18. The State affirms labor as a primary socialeconomic force. It shall protect the rights of workers andpromote their welfare.

Labor has primacy over the non-human factors of production

Section 19. The State shall develop a self-reliant andindependent national economy effectively controlled byFilipinos.

Guide to interpreting provisions on the national economy andpatrimony. Any doubt must be resolved in favor of self-reliance and independence and in favor of Filipinos

Garcia vs. BOIIssue: Approval of transfer of site of petrochemical plant from

Bataan to BatangasHeld: Overturned transfer and declared petrochemical industryessential to national interest

Section 20. The State recognizes the indispensable role ofthe private sector, encourages private enterprise, andprovides incentives to needed investments.

Marine Radio Communications Association vs. ReyesSec. 20 is no more that an acknowledgement of he importance ofprivate initiative in building the nation. Not a call of officialabdication of duty to citizenry.

Section 21. The State shall promote comprehensive ruraldevelopment and agrarian reform.

Comprehensive rural development encompasses a broad spectrumof social, economic, human, cultural, political and even industrialdevelopment.

Section 22. The State recognizes and promotes the rights ofindigenous cultural communities within the framework of nationalunity and development.

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Allan Pamis [email protected] 23. The State shall encourage non-governmental,community- based, or sectoral organizations that promotethe welfare of the nation.

Section 24. The State recognizes the vital role of communicationand information in nation-building.

Section 25. The State shall ensure the autonomy of localgovernments.

Section 26. The State shall guarantee equal access toopportunities for public service, and prohibit politicaldynasties as may be defined by law.

Purpose is to give substance to the desire for the equalizationof political opportunities

Definition of political dynasties left to legislature

Section 27. The State shall maintain honesty and integrity

in the public service and take positive and effectivemeasures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed bylaw, the State adopts and implements a policy of full publicdisclosure of all its transactions involving public interest.

ARTICLE 6: LEGISLATIVE DEPARTMENT

Section 1: Legislative powerLegislative power is vested in the Congress of the

PhilippinesConsisting of a Senate and a House of RepresentativesExcept to the extent reserved to the People throughinitiative and referendum

Legislative power is the authority to make laws and to alter orrepeal them.

Advantages of bicameralism:1. senate as training ground for national leaders2. senate has national perspective, house has municipal

perspective

3. careful study of legislation4. more independent of Executive branch

Advantages of unicameralism:1. simple and economic2. closer link to public because all members have a district

>Bicameralism won over unicameralism by 1 vote in theConvention

Original legislative power: possessed by the sovereign peopleDerivative legislative power: delegated to legislative bodies,subordinate to the original power of the people.

Constituent: power to amend or revise the ConstitutionOrdinary: power to pass ordinary laws

Limits on Legislative power:

Substantive: limit contents of a lawProcedural: limit manner of passing laws

>Plenary: Congress may legislate on any subject matter providedthat substantive and procedural limits in the Constitution areobserved

>Congress may not pass irrepealable laws because this will limitthe plenary power of future legislatures.

>Due to plenary power, legislative power cannot be delegated.

Despite non-delegatability of legislative power, many statutes havebeen passed creating administrative agencies and authorizingthem to exercise vast regulatory powers. The rules and regulationsthey issue have the force of law.2 theories that justify this:

1. A non-legislative body may be authorized to fill in the detailsof a statute.

2. Congress may pass contingent legislation, which leaves toanother body the business of ascertaining the factsnecessary to bring the law into actual operation.

Requirements of delegating law:

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Allan Pamis [email protected]. Law must be complete in itself (contain policy to be

implemented)2. Law must fix a sufficient standard for to which the delegate

must conform to.

Compania General de Tabacos de Filipinas v. Board ofPublic Utility Commissioners

The true distinction is between the delegation of power to makethe law, which necessarily involves a discretion as to what it shallbe, and conferring authority or discretion as to its execution, to beexercised under and in pursuance of a law. The first cannot bedone; to the latter no valid objection can be made.

Tatad v. Secretary of EnergyIssue: Is delegation of legislative power to the President andSecretary of Energy valid? Did Congress provide a determinate ordeterminable standard to guide the Executive branch indetermining when to implement the full deregulation of thedownstream oil industry?

Held: YES. Oil deregulation law passed both the completeness andsufficient standard tests. Delegation of legislative power hasbecome an inevitability in the light of the increasing complexity ofthe task of government. Thus, courts will bend as far back aspossible to sustain the constitutionality of laws which are assailedas unduly delegating legislative powers.

Eastern Shipping Lines v POEAIssue: Does POEA resolution violate non-delegatablity of legislativepower?Held: NO. Administrative bodies may implement the broad policiesof a statute by issuing supplementary and implementing

regulations as long as the law provides a sufficient standard. Thereis a valid delegation of power if the law passes the completenesstest and the sufficient standard test.

Tablarin v GutierrezIssue: Does standard have to be written as part of the law?Held: Standard may be expressed or implied from policy andpurpose of the act considered as a whole.

Free Telephone Workers Union v. Minister of LaborIssue: Does authority conferred on Minister of Labor partake oflegislative power? (authority to assume jurisdiction over labordisputes and decide on them)Held: No. SC had more liberal approach to interpretation of non-delegatablity of legislative power. Power should be delegated whentask cannot be performed by legislature because issues are highly

technical or require continuous decision.

Cebu Oxygen & Acetylene Co v. Secretary DrilonIssue: Can implementing orders of the DOLE provide forprohibitions not included in the law it is implementing?Held: Administrative regulations should be in harmony with theprovisions of the law, and cannot amend or add to the law.

People v. DacuycuyIssue: Can a judge impose a punishment if law does not provide astandard (law provided for an fixed fine or imprisonment aspenalty. No term for imprisonment was stated)

Held: NO. The penalty of imprisonment in this case isunconstitutional because the lack of a standard allows the judge tolegislate.

Chiongbian v. OrbosIssue: May the President merge existing regions not included in the

ARMM Act?Held: YES. The President is granted these powers by other laws,within limits set by Congress.

Employees Confederation v. National Wages CommissionIssue: Is NWC allowed to fix minimum wage?

Held: YES. Congress delegated this power to the NWC, within thelimits set by law and the Constitution.

Solicitor General v. Metro Manila AuthorityIssue: Can MMA confiscate license plates, if this was not one of thesanctions included in the law?Held: NO. The MMA cannot impose sanctions that the law does notallow and in fact actually prohibits.

Penal rules:

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Allan Pamis [email protected] and regulations promulgated by administrative agenciespursuant to a valid delegating law have the force of law andviolation may be punished as a penal offense.Necessary that violation be made a crime and penalty provided bythe statute itself. Regulation must also be published.

Exceptions:

1. Local legislatures may be given executive power and vv.2. Congress may delegate legislative power to the President intimes of war and other national emergency.

3. Legislative power exercised by the people through initiativeand referendum

Initiative and referendumPeople can directly propose or enact lawsApprove or reject any law passed by Congress or local legislativebody

>Purpose is to institutionalize people power>Provides a means which can be used if legislature is indifferent tothe needs of the people

Garcia v ComelecIssue: Can a resolution be the subject of a referendum? (Peoplewanted to reject resolution agreeing that Morong be included inthe SBMA)Held: Any act, law or part thereof passed by Congress or locallegislative body may be the subject of a referendum.

Section 2: SenateSenate is composed of 24 membersElected at large by the qualified voters of the PhilippinesAs may be provided by law

Number of members of the senate may be increased or decreasedonly by constitutional amendment.

As may be provided by law refers to the manner of electingSenators.

Section 3: QualificationsNatural born citizen35 years old on the day of the electionAble to read and writeRegistered voterResident of the Philippines for not less than 2 yearsimmediately preceding the day of the election

Age qualification must be possessed on the day the votes are cast,and not on the day of proclamation.Residence refers to domicile. Senator does not have to bephysically present in the Philippines.

Section 4: Term of office6 years to commence, unless otherwise provided by law, atnoon on the June 30.No senator can serve for more than 2 consecutive terms.Voluntary renunciation of the office is not considered aninterruption to the full term.

A senator can run again 3 years after his second term has expired.Tenure is length of actual service in office. Term is length ofservice to which a senator is elected.

Section 5: House of Representatives(1) 250 members, unless otherwise fixed by lawElected from legislative districtsapportionedamong the provinces, cities and the Metro Manila area

in accordance with the number of their respective

inhabitantson the basis of a uniform and progressive ratio

And those who, as provided by lawAre elected through the party list systemOf registered National, Regional and Sectoral parties orOrganizations

(2) Party list representatives20% of the total number of representatives including thoseunder the party list

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Allan Pamis [email protected] 3 terms after the ratification of the Constitution, half ofthese seats will be filled, as provided by law, by selection orelection from the labor, peasant, urban poor, indigenouscultural communities, women, youth, and other sectors asmay be provided by law, except for the religious sector.

(3) Each legislative district shall comprise, as far as

practical,contiguous, compact, and adjacent territory.Each city with a population of at least 250,000 and eachprovince shall have at least 1 representative

(4) Within 3 years following the return of every census,Congress will reapportion legislative districts based on thestandards provided in this section.

3 kinds of Congressmen:1. District2. Party list

3. Sectoral (only for 3 terms after ratification of Constitution)

Apportionment: underlying principle is the concept of equality ofrepresentation which is a basic principle of republicanism. Onemans vote should carry as much weight as the vote of every otherman.

NO Gerrymandering: creation of representative districts out ofseparate portions of territory in order to favor a candidate

Courts have jurisdiction over apportionment to ensure that itobserves constitutional mandate.

Tobias v. AbalosIssue: Is creation of new representative district constitutional?(creation of Mandaluyong city; municipality of San Juan became aseparate district)Held: YES. By the law creating the highly urbanized city ofMandaluyong, both Manda and San Juan were recognized asseparate representative districts even if no census was made.Present limit of 250 members of HRep is not absolute.Reapportionment of legislative districts may be made by a speciallaw, such as the charter of a new city.

Mariano Jr v. COMELECIssue: Is law that created Makati City unconstitutional because itincreased Makatis legislative districts even if total population isonly 450,000?Held: Cities with a population of 250,000 can have at least 1representative.

Montejo v COMELECIssue: Can COMELEC move municipalities from one district toanother?Held: NO. By the Ordinance appended to the 1987 Constitution,COMELEC has the power to make minor adjustments to thereapportionment of districts. COMELEC may adjust the membersapportioned to a province out of which a new one was created. Itcannot transfer one municipality from the district it is located in.

Party list representativesWith 250 members of Congress, 200 will be district representativesand 50 party list representatives.

RA 7941 parameters1. 20% allocation2. 2% threshold3. 3-seat limit per party4. proportional representation (additional seats in proportion to

their total number of votes)

Veterans Federation Party, et al v. COMELEC20% allocation: Not all seats must be filled (limit on maximum)2% threshold: guarantees winners have sufficient number ofconstituents deserving representation

3-seat limit: absoluteMethod of allocating additional seats: Congress is vested with thepower to define the mechanics of the party list system.

Ang Bagong Bayani, et al v. COMELECIssue: Can political parties participate in the party-list election?Held: YES if it represents a marginalized sector. Intent of the law isnot to allow all associations to participate indiscriminately, but tolimit participation to organizations representing the marginalizedand underprivileged. Even the nominees must comply with thisrequirement. All 50 seats are reserved for the marginalized sectors,not just for 3 terms but forever.

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Section 6: QualificationsNatural-born citizen of the Philippines25 years old on day of electionAble to read and writeRegistered voter in the districtResident of the district for not less than 1 year before the

election(Party list representatives exempt form residencyrequirement)

Natural-born citizen:those who are citizens of the Philippines from birth without havingto perform any act to acquire or perfect their Philippine citizenship.

Co v. HRETIssue: Is Co a natural-born citizen? (Mom was Filipino, Dad Chinesewho gained Filipino citizenship when Co was 9 years old)Held: YES. Based on the Constitution, children of Filipino mothers

who elect Filipino citizenship shall be deemed natural-born.

Bengzon v. CruzA Natural-born citizen who loses his citizenship by naturalization inanother country but is later repatriated recovers his status of beinga natural-born citizen and therefore is qualified to be a member ofCongress.

Residence Qualifications:

Gallego v. VerraResidence is DOMICILE:

1. intention to reside in a fixed place2. personal presence in that place and conduct indicative of

such intentionTo acquire a domicile by choice:

1. residence or bodily presence in new locality2. intention to remain there3. intention to abandon the old domicileanimus non revertendi and animus manendi

The meaning of residence as found in the election law under the1935 Constitution has been retained.Intent of the law in fixing a residence qualification is to exclude astranger or newcomer.

Romualdez-Marcos v. COMELECIssue: Did Imelda satisfy residence requirement to run forrepresentative of the First District of Leyte?Held: YES. Leyte had been her domicile of origin and that in all herlife she had never lost it.If a person retains his domicile of origin, 1 year period is irrelevant

because, by legal fiction, (wherever he may be) he is a resident ofhis domicile of origin.If a person re-establishes a previously abandoned domicile oracquires a new one, the 1 year requirement must be satisfied.

Aquino v. COMELECIssue: Did Aquino acquire new domicile in Makati?Held: NO. Aquino had not abandoned his Tarlac domicle. Even ifhe had, he had not fulfilled the 1 year requirement for Makati.

Domino v COMELECIssue: Did Domino acquire new domicile in Sarangani?

Held: NO. Lease of house and 1 year residency not sufficient. Toestablish a new domicile of choice, personal presence must becoupled with conduct indicative of htat intention. Declared andprobable intent to make it ones home. Lease contract did not showpermanency. Also, he registered as a voter in his old barangay inQC.

Section 7: Term of office3 years which will begin, unless otherwise provided by law,at noon on June 30 after the election3 consecutive term maximum

Voluntary renunciation of the office is not considered aninterruption to the full term

Dimaporo v. MitraIssue: Can the term of a Congressman be shortened?Held: Tenure, not term, is shortened based on the OmnibusElection code which provided that any elective official, whethernational or local, running for any office other than the one he isholding (except for the President and Vice President) shall beconsidered ipso facto resigned from his office upon the filing of hiscertificate of candidacy.

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Allan Pamis [email protected] tenure was shortened based on his filing of candidacyfor the position of Governor of the ARMM.SC held the law seeks to ensure that public officials serve out theirterm by discouraging them from running for another office.

Section 8: ElectionUnless otherwise provided by law, the regular election of

the Senators and the Members of the House ofRepresentatives is on the second Monday of May.

Codilla v. De VeneciaWhen the majority speaks and elects into office a candidate bygiving him the highest number of votes cast in the election for theoffice, no one can be declared elected in his place.

Section 9: Special ElectionIn case of vacancy in the Senate or in the House ofRepresentatives,

A special election may be called to fill such a vacancy in themanner prescribed by lawPerson thus elected will serve only for the unexpired term

Tolentino v COMELECIssue: Validity of special election to elect a Senator to serve theunexpired term of Sec. Guingona?Held: Special election is valid based on RA 6645 In case a vacancyarises in the Senate at least 18 months OR in the House ofRepresentatives at least 1 year before the next regular election forMembers of Congress, the COMELEC, upon receipt of a resolution ofthe House/Senate certifying that the vacancy exists and calling for

a special election, shall hold a special election to fill such vacancy

Section 10: Salaries and CompensationSalaries of Senators and Members of the House ofRepresentatives is determined by law.No increase will take effect until after the expiration of thefull term of all the members of the Senate and House ofRepresentatives who approved such increase.

This provision is a legal bar to the legislators yielding to the naturaltemptation to increase their salaries.

Office and travel allowances do not form part of the salary orcompensation; increases can take effect immediately. There is nolegal limit to these amounts. The only limit is moral.

Section 11:While Congress is in session,A senator or congressman is immune from arrest for all

offenses punishable by not more than 6 yearsimprisonment.No member can be questioned or held liable in any otherplaceFor any speech or debate in the Congress or in any of itscommittees

Recess: only at the end of session or long holidaysEvenings and weekends not counted as recess

Immunity from arrest is to protect legislator from harassment thatwill keep him away from legislative sessions.

People v. JalosjosMembers of Congress are not exempt from detention for crime.They may be arrested for crimes punishable by more than 6 yearsimprisonment, even while Congress is in session. There is no basisfor treating them differently from other prisoners.

Privilege of speech

Protection against forums other than Congress itself.Members still subject to disciplinary measures of Congress.Absolute protection against suits for libel

Includes utterances made in the performance of official functions.It is not necessary that Congress be in session. What is essential isthat the utterance must constitute legislative action. This privilegeextends to agents of the Members, provided that they assist thelegislator in the performance of legislative action (Gravel v. US)

Jimenez v CabangbangIssue: Can a Congressman be charged for libel based on an openletter published in newspapers?

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Allan Pamis [email protected]: YES. Communication is not absolutely privileged.Congressmen can be charged for acts done outside their officialduty.

Antonino v. ValenciaCharges made by a Senator with Senate Committees covered byprivilege of speech.

Section 12: Full disclosureAll members of the Senate and the House of Representatives will, upon their assumption of office, makea full disclosure of their financial and business interests.They must notify the house concerned of a potential conflictof interest that may arise from the filing of a proposedlegislation of which they are authors.

Does not prevent legislator from filing self-benefiting legislation.This only requires him to inform the House of the conflict.

Section 13: Other OfficesNo Senator or Member of the House of Representatives mayhold any other office or employment in the government, orany subdivision, agency or instrumentality thereof,including government owned and controlled corporations ortheir subsidiaries,During his term without forfeiting his seat.Neither can he be appointed to any office which may havebeen created or the emoluments thereof increased duringhis term.

He may be appointed after his term ends.He must resign his seat in order to accept another position ingovernment.

Section 14: Counsel/Financial interestNo Senator or Member of the House of Representatives maypersonally appear as counsel before any court of justice,electoral tribunal, quasi-judicial, or other administrativebody.He should not, directly or indirectly, be interestedfinancially in any contract, franchise, special privilege

granted by the government, agency, subdivision,instrumentality including government-owned or controlledcorporations, or its subsidiary during his term of office.He should not intervene in any matter before any office ofthe government for his pecuniary benefit or where he maybe called upon to act on account of his office.

Puyat v. De GuzmanAn Assemblyman cannot act as counsel, or intervene in agovernment proceeding by buying shares in the shares in acompany.

Pecuniary benefit may be direct or indirect, prohibition coversbenefit for relatives.

Section 15: Sessions of CongressConvene every year on the 4th Monday of July for its regularsession, unless a different date is fixed by law.Session will continue for such as number of days as it may

determineUntil 30 days before the opening of its next regular session,exclusive of Saturdays, Sundays, and legal holidays.The President may call a special session at any time.

Section 15: Election of Leaders(1)The Senate shall elect its President, and the House ofRepresentative its SpeakerBy majority vote of all its respective membersEach house shall choose such other officers as it may deemnecessary.

(2) A majority of each house shall constitute a quorum to dobusinessbut a smaller number may adjourn from day to dayThe house may compel attendance of absent members inthe manner and under penalties it may provide.

(3) Each house determines the rules of its proceedings,punishes its members for disorderly conduct, and with theconcurrence of 2/3 of all its members, suspend or expel amember. A penalty of suspension shall not exceed 60 days.

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Allan Pamis [email protected](4) Each house shall keep a journal of its proceedings, andfrom time to time publish the sameExcept such parts that, in its judgment, affect nationalsecurity.The Yeas and Nays on any question shall, at the request of1/5 of the members present, be entered into the journal.Each house shall also keep a record of its proceedings.

(5) Neither house during the sessions of the congress shall,without the consent of the other, adjourn for more than 3days, nor to any other place than that in which the 2 housesshall be sitting.

Record: verbatim notes of discussionJournal: summary of proceedings

Avelino v. CuencoInitially, SC refused to assume jurisdiction over whether 12senators could elect a new President (out of 24 senators, 1 was in

the US and 1 in the hospital). They held that the question waspolitical in nature.Dissents:Moran question of quorum is a constitutional in nature. With the

conflict remaining unsettled, laws passed by Senate would be opento doubt.Tuason -- SC has the power to ascertain whether President isholding office according to law or the Constitution.Perfecto Senate must follow Constitution and its own internalrulesBriones besides justicability, another ground for courts to takecognizance of a case is extreme necessity

In reconsideration of the case, SC decided to assume jurisdiction inthe light of subsequent events which justify its intervention. Theyheld that the Presidency could not be taken away from Avelinobecause the opposition did not constitute a majority, defined asmore than half.

Santiago v. GuingonaIssue: Definition of minorityHeld: No law says that the defeated candidate will automaticallybecome the minority leader. It is well within the power andjurisdiction of this court to inquire whether the Senate or its officials

committed a violation of the Constitution or gravely abused theirdiscretion in the exercise of their functions and prerogatives

Internal discipline

Osmena v Pendatun

The house is the judge of what constitutes disorderly behavior andcan subject its members to disciplinary action.

Paredes Jr. v SandiganbayanIssue: Can the Sandiganbayan order the preventive suspension of aCongressman due to acts committed before his term?Held: Section 16 only provides immunity for acts committed as amember of Congress.

Journals & Enrolled Bill

US v Pons

Court may decline to go behind the journals so as not to interferewith the legitimate powers and functions of the legislature.

Arroyo v. De VeneciaEnrolled bill doctrine: The signing of a bill by the Speaker of the Hand the President of the S and the certification by the secretaries ofboth houses that such bill was passed are conclusive of its dueenactment.

Casco Philippine Chemical Co v GimenezEnrolled bill is conclusive upon courts regarding the law passed byCongress and approved by the President. This is based on respect

due to a coequal and independent department.

Astorga v. VillegasIssue: Attempt to compel Mayor Villegas to comply with RA 4065

even Congress declared that the wrong bill hadbeen signed into law

Held: SC declared that the law was not duly enacted because boththe President of the Senate and the President withdrew theirsignatures.

Purpose of a journal

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Allan Pamis [email protected]. insure publicity to the proceedings of the legislature, ad a

correspondent responsibility of members to theirconstitutents

2. provide proof of what actually happened in the legislature

Section 17: Electoral TribunalThe Senate and the House of Representatives shall each

have an Electoral TribunalWhich shall be the sole judge of all contests relating to theelection, returns and qualifications of their respectivemembers.Each electoral tribunal shall be composed of 9 members: 3

Justices of the SC (to be designated by the CJ) and 6members of the House who shall be chosen on the basis ofproportional representation from the political parties andthe party-list organizations. The senior Justice in theElectoral Tribunal shall be its chairman.

Composition reflects the respect for parliamentary sovereignty and

the need for legal impartial decisions.ET only gains jurisdiction over a case when a losing party files anelection contest, after the proclamation of the winner by theCOMELECDecisions of the ET subject to SC review only if ET in grave abuse ofdiscretion amounting to lack or excess of jurisdiction.

Pimentel v. HRETIssue: Can the SC order House to reconfigure the HRET to includerepresentatives from the party-list organizations?Held: No. Recourse is with the House. Petition does not show thatthe House prevented the party-list groups from participating in the

election of the members of the HRET and the CA.

Angara v Electoral CommissionElectoral Commission may promulgate rules necessary for theexercise of its exclusive power to judge all election contests. TheAssembly may not interfere with the EC.The power of the Assembly to defer the oath-taking of a memberhas been retained.

Vera v. AvelinoEC does not have all the functions of the Assembly on the subjectof election and qualifications of members. Election contest relates

to statutory contests in which the contestant seeks not only tooust the intruder, but also to have himself inducted into officeIn cases where no defeated candidate challenges the winner, thelegislative body itself in the exercise of its inherent right ofpreservation, may inquire into the credentials of the member andjudge his qualifications.

Sanchez v. COMELECPre-proclamation controversies should be summarily decided,consistent with the laws desire that canvass and proclamation beas quick as possible. COMELEC has jurisdiction only overincomplete returns, returns with material defects, tamperedreturns, or returns with discrepancies credited to any candidatewhich will affect the results. All other questions should be broughtbefore the Electoral Tribunal.

Chavez v. COMELECIdentical result as Sanchez v COMELEC. No pre-proclamationcontroversies were allowed for the election of the President, VP,

Senators, and Representatives except in the case of manifesterrors in the certificate of canvass or election returns. Errors whichcannot be verified except by opening the ballot boxes are notmanifest errors. Proper remedy is recourse to the ET.

Robles v HRETJudicial review of decisions or final resolutions of the ET is possibleonly in the exercise of the Courts extraordinary jurisdiction.

Abbas et al v. Senate Electoral TribunalIssue: Can the Electoral Tribunal function if all the Senator-members have been disqualified?

Held: NO. ET cannot function. No amendment of its rules can allowthe 3 Justices to decide a case.

Sandoval v HRETIssue: Validity of substituted service of summonsHeld: Summons not valid, Sandoval must be given a chance todefend his seat. HRET must admit his counter-affidavit into therecords.

Guerrero v COMELECQualifications are not only the ones enumerated in theConstitution. The HRET has jurisdiction even over the qualifications

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Allan Pamis [email protected] the Omnibus Election Code (certificate of candidacy, validsubstitution) as the sole judge of election contests.

Garcia v. AngpingHRET procedures must be strictly followed if they are to obtaintheir objective: the speedy and orderly determination of the truewill of the electorate. Imperative justice requires the proper

observance of technicalities.

Lazatin v. COMELECSC will not take cognizance of COMELECs withdrawing of hisproclamation. The ET remains the sole judge of all electioncontests after proclamation.

Lazatin v. HRETIssue: Application of HRET rules over Omnibus Election Code RulesHeld: Rule-making power of the ET flows from the general powergranted by the Constitution. Election Code Rules apply only tocases filed before COMELEC.

Bondoc v. PinedaIssue: Can a political party manipulate ET decisions by substitutingnominees?Held: NO. The expulsion of the member impairs the Tribunalsprerogative to be the sole judge of election contests.

Lerias v HRETIssue: Can the ET make a decision contrary to evidence?Held: NO. The ET in doing so is in grave abuse of discretion whichallows the SC to step in and reverse the decision.

Arroyo v. HRETConstitutional history demonstrates that the SC has beenconsistent in reviewing decisions and orders of the ET on a showingof grave abuse of discretion.Dissent of Padilla: Petitioners allegations of bias and oppressiondue to political considerations are outside the authority and duty ofthe SC. This Court should be forever detached from theMachiavellian world of politics.

Section 18: Commission on AppointmentsPresident of the Senate as ex-offico chairman12 Senators, 12 members of the House of Representative

Elected by each house on the basis of proportionalrepresentationFrom the political parties or party-list organizations.Chairman of the Commission shall not vote, except in caseof a tie.CA will act on all appointments submitted to it within 30session days from their submission. The CA shall rule by a

majority vote of all its members.

CA is a legislative check to the appointing authority of thepresident.

Daza v. SingsonIssue: Does the situation present a political question? Can theformation of the LDP affect the composition of the CA?Held: Not a political question because the issue is one of legalitynot wisdom. The constitution does not require that the politicalparties be registered. Constitutional intent is that the CA reflectpolitical alignments, and changes in the CA may be made at any

time.

Coseteng v. MitraIssue: Can temporary coalitions be the basis for a seat in the CA?Held: NO. Temporary coalitions and factions are not politicalparties and must be ignored.

Guingona, Jr. v. GonzalesIssue: Rounding up to obtain more CA seatsHeld: Rounding up cannot be done. Neither can small parties forma unity for purposes of obtaining a seat in the CA. By the SCscalculations, the result would be that the Senate would only have

11 members in the CA. SC ruled that full complement of 12 is notmandatory.

Section 19:The ET and the CA shall be constituted within 30 days afterthe Congress shall have been organized with the election ofthe President and the Speaker. The CA shall meet onlywhen Congress is in session, at the call of its chairman or amajority of its members, to discharge such powers andfunctions as are herein conferred upon it.

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Allan Pamis [email protected] appointments: made before Congress is not in session.Effective immediately but subject to CA review.Acting appointments: made when Congress is in session.Appointees are removable anytime.

>30 day rule is meant to prevent CA from freezing appointments.>Commission must decide by majority vote. Dissent of 1 member

should not block action.>CA can meet only when Congress is in session.

Section 20:The records and books of Congress shall be preserved andopen to the public in accordance with law,Such books shall be audited by the Commission on Auditwhich shall publish annually an itemized list of amountspaid to and expenses incurred for each member.

Petition for mandamus: compel Congress to show records.

Section 21:The Senate or the House of Representatives or any of itsrespective committeesMay conduct inquiries in aid of legislation in accordancewith duly published procedure. The rights of such personsappearing in or affected by such inquiries shall berespected.

Inquiries does not have to be directly related to a bill being filed.They may or may not lead to legislation.

Rights of persons refer to those found in the Bill of Rights, since all

governmental action must be exercised subject to constitutionallimitations.

Power to commit a witness for contempt ceases to exist uponCongress final adjournment.

Negros Oriental II Electric Cooperative v. SangguniangPanlungsod

Issue: Can local legislative bodies conduct inquiries in aid oflegislation and compel people to appear?

Held: NO. Power of local legislatures is delegated. It is beyond thejurisdiction of the SP to inquire into the compliance with thefranchise of NORECO II.

Arnault v. NazarenoSC held that the legislative body possessed the contempt power asa means of preserving its authority and dignity.

Bengzon, Jr. v. Senate Blue Ribbon CommitteeCourt ruled that the investigation was not in aid of legislationbecause the speech of Sen. Enrile contained no suggestion ofcontemplated legislation but pointed to the need to determinewhether President Aquinos relatives violated the law. To allow theinvestigation to continue would violate separation of powers.Dissent:Gutierrez SC is encroaching on power of Congress by prohibitingthem from exercising a constitutionally vested function. The SC hasno power to second-guess the motives of legislators.

Section 22:Heads of departments may upon their own initiative, withthe consent of the President, or upon the request of eitherHouse, as the rules of each house shall provideAppear before and be heard by such house on any matterpertaining to their departments.Written questions shall be submitted to the President orthe Speaker at least 3 days before their scheduledappearance.Interpellations shall not be limited to written questions, butmay cover matters related thereto.When the security of the state or the public interest so

requires and the President so states in writing, theappearance shall be conducted in executive session.

Appearance of department heads is voluntary. They cannot becompelled to appear; neither may they impose their appearanceupon either House.

Acts of secretaries presumed to be acts of President. executiveprivilege

Section 23: War & Emergency Powers

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Allan Pamis [email protected](1) Congress, by a vote of 2/3 of both houses in jointsession assembled, voting separately, shall have the solepower to declare the existence of a state of war.

War: armed hostilities between 2 statesAfter declaration of war, conflict is governed by international law(Geneva Conventions)

The president was bound to meet war in the shape it presenteditself, without waiting for Congress to baptize it with a name; andno name given to it by him or them could change the fact

(2) In times of war or other national emergency, Congressmay by law authorize the President for a limited period andsubject to such restrictions as it may prescribe, to exercisepowers necessary and proper to carry out a declarednational policy.Unless sooner withdrawn by resolution of congress, suchpower shall cease upon the next adjournment thereof.

Exception to non-delegatablity of legislative power.

Section 24: AppropriationAll appropriation, revenue or tariff bills, bills authorizingthe increase of public debt, bills of local application, andprivate bills shall originate exclusively in the House ofRepresentatives, but the Senate may propose or concurwith amendments.

Rationale: House in closer contact will people; will have clearerpicture of needsSenate may partially or totally amend bill from House.

>The bill must originate from the House. The law which is theproduct of the total bicameral legislative process originates not justfrom the House but from both Senate and House.

Section 25:(1) Congress may not increase the appropriationsrecommended by the President for the operation of thegovernment as specified in the budget. The form, content,and manner of preparation of the budget shall beprescribed by law.

Only covers increases in the budget of the Executive department.Congress may increase the budget of the Legislature and Judiciary.

(2) No provision or enactment shall be embraced in thegeneral appropriations bill unless it relates specifically tosome particular appropriation therein. Any such provisionor enactment shall be limited in its operation to the

appropriation to which it relates.

Rider: provision unrelated to the appropriations bill.

(3) The procedure in approving appropriations for Congressshall strictly follow the procedure for approvingappropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purposefor which it is intended, and shall be supported by fundsactually available as certified by the national treasurer, orto be raised by a corresponding revenue proposal therein.

(5) No law shall be passed authorizing any transfer ofappropriations; However, the President, President of theSenate, Speaker of the House, CJ of the Supreme Court, andthe Heads of Constitutional Commissions may, BY LAW, beauthorized to augment any item in the generalappropriations law for their respective offices from savingsin other items of their respective appropriations.

(6) Discretionary funds appropriated for particular officialsshall be disbursed only for public purposes to be supportedby appropriate vouchers and subject to such guidelines as

may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall havefailed to pass the General Appropriations Bill for theensuing fiscal year, the General Appropriations Law for thepreceding fiscal year shall be deemed reenacted and shallremain in force and effect until the General AppropriationsBill is passed by Congress.

Garcia v. Mata

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Allan Pamis [email protected] on Reserve Officers of the AFP contained in the GeneralAppropriations Law are invalid because they violate the provisionon riders. Being unconstitutional, it confers no right and affords noprotection.

Demetria v. AlbaPD 1177 unconstitutional because it allowed the President to

indiscriminately transfer funds without regard as to whether or notthe funds to be transferred are actually savings in the item fromwhich the same are to be taken.

Section 26:(1) Every bill passed by Congress shall embrace only 1subject which shall be expressed in the title thereof.(2) No bill passed by either house shall become a law unless

- it has passed 3 readings on separate days- printed copies of its final form have been

distributed to its members 3 days before itspassage

Except when the President certifies to the necessity of itsimmediate enactment to meet a public calamity oremergency.Upon the last reading of a bill, no amendment thereto shallbe allowed, and the vote thereon shall be takenimmediately thereafter, and the yeas and nays entered inthe journal .

Farinas et al v. Executive SecretaryIssue: Do the provisions in the Fair Election Act repealingOmnibus Election Code (on ipso facto resignation of elected officialsupon filing of certificate of candidacy for another position) violate

1-bill 1-subject rule?Held: No. Constitutional provisions relating to the subject matterand titles of statutes should be liberally construed so as not toimpede the power of legislation.

Tio v. Videogram Regulatory BoardThe 1-bill 1-subject rule is satisfied if the title is comprehensiveenough to include all subjects related to the general purpose of thelaw. Taxation is sufficiently related to the regulation of the videoindustry.

Phil Judges Association v Prado

Title of Act Creating the Philippine Postal Corporationsufficiently broad to cover removal of franking privileges of thejudiciary. But the provision on the removal of franking wasdeclared unconstitutional on equal protection grounds.

Tan v. Del RosarioArticle 6, Section 26 (1) has been envisioned to

- prevent log-rolling legislation intended to unite the members ofthe legislature who favor any one of unrelated subjects in thesupport of the whole act- avoid surprises and fraud upon the legislature- fairly apprise the people of the subjects of legislation

Tolentino v. Secretary of Finance (opposition to VAT law)(1) Not in violation of Art 6 Sec 24 (all taxation bills must originatein the House) Senate is allowed to substitute their version of abill.(2) Not in violation of Art 6 Sec 26-2 (1 bill 1 subject) title of lawcovers contents

(3) Judicial inquiry on the manner the bill was passed beyond thoseprescribed by the Constitution is precluded by the principle ofseparation of powers.(4) Rushed passage of bill resulted from certification of Presidentbecause of a growing budget deficit.

Section 27:Every bill passed by Congress shall, before it becomes alaw, be presented to the President.

- 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 andproceed to reconsider it.-if after such reconsideration, 2/3 of the house shallagree to pass the bill, it shall be sent, together withthe objections, to the other house by which it shalllikewise be reconsidered, and if approved by 2/3 ofthat house, it shall become a law. In all such cases,the votes of each house shall be determined by yeasor nays and the name of the members voting for oragainst shall be entered in its journal.-the President shall communicate his veto of any billto the house where it originated within 30 days of

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Allan Pamis [email protected] thereof; otherwise it shall become a law as ifhe had signed it.- 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 items towhich he does not object.

Appropriation bills: Item: Sum of money + purposeRevenue bills: Item: Subject + rate of tax>Items must be separable from the rest of the bill.

>For non-money bills, veto must be complete; no line veto

Conference Committee: extra-constitutional creation of Congresswhose function is to propose to Congress ways of reconcilingconflicting versions of a bill.

Commissioner of Internal Revenue v. Court of Tax AppealsIssue: Court upheld Presidents veto of item in Omnibus tax law

imposing tax on restaurants located in hotels, motels, or resthouses. Item does not refer to the whole section, but only to asubject and rate of tax.

Gonzales v. MacaraigMarks the SCs acceptance of doctrine of inappropriate provisionsor that a provision that is constitutionally inappropriate for anappropriation bill may be singled out for veto even if it is not anappropriation or revenue item.In this case, the President vetoed provisions in the 1989 and 1990that stopped her from restoring or increasing appropriationsremoved or reduced by Congress.

Arroyo et al v De VeneciaWhat is alleged to have been violated in the passing of RA 8240imposing sin taxes are merely internal rules of procedure of theHouse and not the constitutional requirements for enacting a law(Art 6, Sec 26-27)

Philconsa v. EnriquezThe essence of a veto rule is that the President may veto distinctand severable parts. SC invalidated vetoes of restrictions on theuse of funds for road maintenance and purchase of medicines since

the veto did not include a veto of the appropriated fundsthemselves.

Section 28(1) The rule of taxation shall be uniform and equitable. TheCongress shall evolve a progressive system of taxation(2) The Congress may, by law, authorize the President to fix

within specified limits, and subject to such limitations andrestrictions as it may impose, tariff rates, import andexport quotas, tonnage and wharfage dues, and otherduties or imposts within the framework of the nationaldevelopment program of the government.(3) Charitable institutions, churches or convents, mosques,non-profit cemeteries, and all lands, building andimprovements actually, directly and exclusively used forreligious, charitable, or educational purposes shall beexempt from taxation>Exemption only from property tax>Test is on use: must be actually, directly and exclusively used for

stated purposes(4) No law granting any tax exemption shall be passedwithout the concurrence of a majority of all the members ofCongress.

Purpose of tax:1. raise revenue2. instrument of national economic and social policy3. tool for regulation4. protection of local industry

Power to tax exists for the general welfare should be exercised

only for a public purpose

Uniform tax1. operates with the same force and effect in every place

where the subject of it is found2. equivalent to the requirement of a valid classification

Progressive rate increases as tax base increases

Systems Plus Computer College v. Caloocan City

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Allan Pamis [email protected] of exemption from taxation rests upon the theory that anexemption will benefit the body of people, and not upon any idea oflessening the burden of an individual or corporate owner.

BIR Commissioner v. YMCACourt will always apply the doctrine of strict interpretation inconstruing tax exemptions because taxes are the lifeblood of the

nation.

BIR Commissioner v. SantosIt is inherent in the power to tax that the state be free to select thesubjects of taxation and it has been repeatedly held thatinequalities infringe no constitutional limitation.

John Hay Peoples Alternative Coalition v. Victor Lim, et alTax exemption cannot be granted by Executive Order. Neither cana tax exemption granted by law to one area be extended toanother by EO

Garcia v. Executive SecretaryIssue: Can the President impose additional ad-valorem taxes on allimported articles?Held: YES. There is explicit constitutional permission for Congressto authorize the President subject to limitations and restrictionsto fix within specific limits tariff rates and other duties or imposts.The relevant Law is the Tariff and Customs Code of the Philippines.

Central Mindanao University v. DARThe meaning of exclusively, which covers not just what isindispensable but also what is incidental and reasonably necessary,affects the meaning of the words actually and directly. The SC

took into account future land needs of the University in exemptingits area from CARP.

Section 29:(1) No money shall be paid out of the treasury except inpursuance of an appropriation made by law.Congress as the guardian of the public treasury(2) No public money or property shall be appropriated,applied, paid or employed, directly or indirectly, for theuse, benefit or support of any religious sect, church,denomination or institution or any priest, minister, teacheror dignitary

Except when such person is assigned to the Armed Forces,penal institution, government orphanage, or leprosarium.(3) All money collected on any tax levied for a specialpurpose shall be treated as a special fund and paid out forsuch purpose only.If the purpose for which a special fund was created hasbeen fulfilled or abandoned, the balance shall be

transferred to the general funds of the government.

Guingona v. Carague (questioning auto appropriation fordebt service based on PD)Issue: Appropriation bills must originate in the House (Sec 24) andthere must be definiteness, certainty and exactness in theappropriation.Held: Appropriation laws enacted before the Constitution waseffective (PD and EO) not covered. The provisions refer to bills stillto be passed by Congress. PD gave sufficient rules to determineamount to be appropriated.

Philconsa v. EnriquezCDF (pork barrel) allowed Congress to identify projects but theirpower was merely recommendatory to the President who couldapprove or disapprove the recommendation.

Osmena v Orbos (OPSF Trust Account)What is involved here is not so much the power of taxation aspolice power. Although the provision authorizing the ERB to imposeadditional amounts could be construed to refer to the power oftaxation, the overriding consideration is not to raise the revenuebut to enable the ERB to act quickly to carry out the objectives of

the law and protect consumers form the constant fluctuation of oilprices (police power).

Section 30:No law shall be passed increasing the appellate jurisdictionof the Supreme Court as provided in this Constitutionwithout its advice and concurrence.

Gives the SC a measure of control over cases placed under itsappellate jurisdiction. Otherwise, the indiscriminate enactment oflegislation enlarging its appellate jurisdiction would unnecessarilyburden the Court.

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Fabian v. DesiertoRA 6770 cannot validly authorize an appeal to the Supreme Courtfrom decisions of the Office of the Ombudsman in administrativedisciplinary cases. This violates Sec. 30.

Section 31:No law granting a title of royalty or nobility shall beenacted

No ban on Filipinos accepting titles enacted by other States.

Section 32:The Congress shall, as early as possible, provide for asystem of initiative and referendum and the exceptionstherefromWhereby the people can directly propose and enact laws orapprove or reject and act, law or part thereof passed byCongress of local legislative body

After the registration of a petition signed by at least 10% ofthe total number of registered voters, of which everylegislative district must be represented by at least 3% ofthe registered voters thereof.

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