Conti 1 Finals Cases

8/17/2019 Conti 1 Finals Cases

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ARTICLE VI, SECTION 17 . The Senate and the House of Representatives shall each have an Electoral Tribunal, which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall becomposed of nine Members, three of whom shall be ustices of the Supreme !ourt to be designated b" the !hief ustice, and theremaining si# shall be Members of the Senate or the House of Representatives, as the case ma" be, who shall be chosen on the basis of

proportional representation from the political parties and the parties or organi$ations registered under the part"%list s"stem represented

therein. The senior ustice in the Electoral Tribunal shall be its !hairman.

CHAVEZ vCOMELEC

&'of all contests relating to theelection , returns, andqualifications of their respective

Members(

Pre-proclamation cases are not allowed in elections for )resident, *ice%)resident, Senator and Member of the House of Representatives.

* “Pre-proclamation controversy” = “any question pertaining to or affectingproceedings of the board of canvassers which may be raised by any candidate or

by any political party or coalition of parties, before the board or directly with theommission.”

!ec. "# of $epublic %ct &"'' provides( “)or purposes of the elections for

President, ice-President, !enator and +ember of the ouse of $epresentatives,no pre-proclamation cases shall be allowed on matters relating to thepreparation, transmission, receipt, custody and appreciation of the election

returns or the certificate of canvass, as the case may be. owever, this does notpreclude the authority of the appropriate canvassing body motu propio or uponwritten complaint of an interested person to correct manifest errors in thecertificate of canvass or election returns before it.

* “+anifest errors” must appear on certificates of canvass or election returnssought to be corrected and/or ob0ections thereto must have been made beforethe board of canvassers and specifically noted in the minutes of their respectiveproceedings.

)1$ $21345 and $2-%PP$26%5614( 6t is established by the law as well as 0urisprudence that

". 2rrors in the appreciation of ballots by the board of inspectors are

proper sub0ect for election protest and not for recount or re%appreciation of ballots.

7. %ppreciation of ballots cast in the precincts is not part of theproceedings of board of canvassers.

8. 5he scope of pre%proclamation controvers" 9only instances where pre-proclamation recount may be resorted to: is limited to the ff issues(

a. 2lection returns canvassed are incomplete or contain materialdefects

b. 5ampered with falsified, or prepared under duressc. ontain discrepancies in the votes credited to any candidate

that the difference of which affects the results of the election.

5he appreciation of ballots is not part of the proceedings of the ;oard of

anvassers it is performed by the ;26 at the precinct level.

PIMENTEL vHRET

to restructure the% and $25”respectively “toinclude party-list

&'and the remaining si# shall beMembers of the Senate or theH+R, as the case ma" be, who

shall be chosen on the basis of proportionalrepresentation...(

!ec.


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;oth the onstitution and the Party-Dist !ystem %ct set the qualifications and

grounds for disqualification of party-list nominees. !ection of $.%. &>",echoing the onstitution. 6t is for the $25 to interpret the meaning of this particular qualification of a

nominee E the need for him or her to be a bona fide member or a representativeof his party-list organi@ation E in the conte?t of the facts that characteri@epetitioners %bayon and PalparanFs relation to %angat 5ayoa nd ;antay,respectively, and the marginali@ed and underrepresented interests that theypresumably embody. ;y analogy with the cases of district representatives, once the party or

organi@ation of the party-list nominee has been proclaimed and the nominee hastaCen his oath and assumed office as member of the ouse of $epresentatives,

the 1+2D2Fs 0urisdiction over election contests relating to his qualificationsends and the $25Fs own 0urisdiction begins.

REE& vCOMELEC !"#$'% to cancel

petitionerFs 1for the position of$ep of the lone

district of+arinduque on thegrounds 9amongothers:(

". Petitioner “is apermanentresident or animmigrant of

the 3!” 7. !he is an

“%mericanciti@en”

&'shall be the sole judge of allcontests'qualifications of theirrespective Members.(

$25 does not have 0urisdiction over a candidate who is not a member

*G24 is a candidate considered a +ember of 1$(". ;een proclaimed

*Hoctrinal Pronouncement made in the conte?t of a proclaimedcandidate who had not only taCen an oath of office, but who had also

assumed office.7. 5aCen his oath

Sec. , Rule -- +embership: of the $ules of 1$/ “Members shall ta0etheir oath or affirmation either collectivel" or individuall" be"ore theSpea(er in open session&(

8. %ssumed office9!ec &, %rt 6:, “5erm of office of +embers of 1$ begins on 12th da"of une ne?t following their election.”

*$% 77#( “3pon re-acquisition of )ilipino citi@enship, he must show that hechose to establish his domicile in )H through 3positive acts4 and the period of hisresidenc" shall be counted from 3the time he made it his domicile of choice.4 “4o amount of her stay in the said locality can substitute the fact that she has

not abandoned her domicile of choice in 3!%.”

SECTION 1). There shall be a !ommission on 5ppointments consisting of the )resident of the Senate, as e# officio !hairman, twelveSenators and twelve Members of the House of Representatives, elected b" each House on the basis of proportional representation from the

political parties and parties or organi$ations registered under the part"%list s"stem represented therein. The !hairman of the !ommissionshall not vote, e#cept in case of a tie. The !ommission shall act on all appointments submitted to it within thirt" session da"s of the!ongress from their submission. The !ommission shall rule b" a majorit" vote of all the Members.

(AZA V) &IN*&ON!$+,+%1$ revised its

representation by

withdrawing the seat

occupied by petitioner

Ha@a, giving this to the

newly-formed DHP

9!ingson was placed:

after DHP reorgani@ed

resulting to political

realignment in the 1$

“+n the basis of proportionalrepresentation o"

political partiestherein.(

T.e c.an/es t.at ma0 transpire in t.e political ali/nments of itsmem1ers.ip 2o not incl32e t.e temporar0 alliances or factional 2ivisions

not involving severance of political loyalties of formal disaffiliation and permanentshifts if allegiance from one political party to another.”

CO&ETEN* v MITRA!$++#%

Petitioner oseteng

then wrote a letter to!peaCer $amon +itrarequesting that asrepresentative of I%6;%,

she be appointed as amember of theommission on%ppointments and ouse2lectoral 5ribunal.

“+n the basis of proportionalrepresentation o"

political partiestherein.(

5he composition of the ouse membership in the ommission on %ppointmentswas based on proportional representation of the political parties in the ouse.5here are "'J members of the DHP in the ouse. 5hey represent &K of theouse membership 9which may be rounded out to


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representatives in theo%, the parties agreedto use the traditionalformula( 94o. of !enatorsof a political party: ? "7

seats: M 5otal 4o. of !enators elected.

basis of proportionalrepresentation'(

proportional representation of t.e political parties in the membership ofthe % and that the specification of "7 members to constitute its membership is

merel0 an in2ication of t.e ma6im3m complement allowable under theonstitution.

SECTION 1*& The Electoral Tribunals and the !ommission on 5ppointments shall be constituted within thirt" da"s after the Senate and

the House of Representatives shall have been organi$ed with the election of the )resident and the Spea0er. The !ommission on 5ppointments shall meet onl" while the !ongress is in session, at the call of its !hairman or a majorit" of all its Members, to discharge

such powers and functions as are herein conferred upon it.

SECTION +. The records and boo0s of accounts of the !ongress shall be preserved and be open to the public in accordance with law,and such boo0s shall be audited b" the !ommission on 5udit which shall publish annuall" an itemi$ed list of amounts paid to and e#pensesincurred for each Member.

SECTION +1. The Senate or the House of Representatives or an" of its respective committees ma" conduct inquiries in aid of legislation inaccordance with its dul" published rules of procedure. The rights of persons appearing in or affected b" such inquiries shall be respected.

BEN*ZON v &ENATEBL4E RIBBONCOMMITTEE

Petitioners and $icardo

Dopa were subpoenaed

by the !;$ to appearbefore it and testif" onwhat they Cnowregarding the sale of 8'corporations belonging to;en0amin $omualde@.;ut

refused.

&'its respectivecommittees ma" conductin!uiries in aid of

legislation'(

5he po7er to con23ct formal in53iries refer to the implementation or re-e?amination of any law or in connection with any proposed legislation or theformulation of future legislation.

6t appears that the contemplated inquiry by respondent ommittee is not

really Nin ai2 of le/islationN because it is not relate2 to a p3rpose 7it.in

t.e 83ris2iction of Con/ress, since the aim of the investigation is to find outwhether or not the relatives of the President or +r. $icardo Dopa had violated!ection # $% 4o. 8J", the N%nti-Oraft and orrupt Practices %ctN, a matter thatappears more within the province of the courts rather than of the legislature.

&tan2ar2 C.artere2Ban9 v &enateCommittee on Ban9s:;inancial Instit3tions

an2 C3rrencies

Ghether the !enate

ommittee on ;anCs canconduct investigationagainst !; despite

criminal and civil casesagainst the latter pendingin courts

&The rights o" persons appearing in or affectedb" such inquiries shall berespected(

5he mere filing of a criminal or an administrative complaint before a court or

quasi-0udicial body should not automatically bar the conduct of legislativeinvestigation. 5he power of legislative inquiry is an essential component, cannot be made

subordinate to a criminal or an administrative investigation. “5he e?ercise by ongress or by any of its committees of the power to punish

contempt is based on the principles o" sel"-preser#ation&

6t is a?iomatic that the power of legislative investigation includes the power to

compel the attendance of witnesses orollary to the power to compel the attendance of witnesses is the power to

ensure that said witnesses would be available to testif" in the legislativeinvestigation considering that the people involved in this case are mostly non-)ilipinos

Respect to Ri/.t Privac0 415 %;!1D352 Ghile it is true that !ec. 7", %rt 6 of the onstitution guarantees respect for

the rights of persons affected by legislative investigation, not ever" invocation ofright to privac" should be allowed to thwart a &legitimate congressional inquir".(

&elf-Incrimination 5he intent of legislative inquiries, on the other hand, is to arrive at a polic"

determination, which may or may not be enacted into law


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ARNA4LT vNAZARENO !$+>J,JJJ.JJ.

%rnault was thereforecited in contempt bythe !enate and was

committed to thecustody of the !enate!ergeant-at-%rms forimprisonment until he

answers thequestions. ethereafter fi led apetition for habeas

corpus questioning thevalidity of his

detention.

&'ma" conduct inquiriesin aid of legislation ' Therights o" persons appearing in or affectedb" such inquiries shall be

respected(

6The !ourt .ENIE. the petition for habeas corpus filed b" 5rnault.7

Senate ha the power to punish the petitioner "or conte%pt&

5he po7er of in53ir0 with process to enforce it is an essential andappropriate au?iliary to the legislative function. % legislative body

cannot legislate wisely or effectively in the absence of informationrespecting the conditions which the legislation is intended to effect or

change and where the legislative body does not itself possess therequisite information which is not infrequently true recourse mustbe had to others who do possess it. 2?perience has shown that mererequests for such information are often unavailing, and also that

information which is volunteered is not always accurate or complete sosome means of compulsion is essential to obtain what is needed.

the Senate ha the authorit/ to co%%it petitioner "or conte%pt "or a ter% be/on its perio o" legislati#e session&

no sound reason to limit the power of the legislative body to punish forcontempt to the end of every session and not to the end of the lastsession terminating the e?istence of that bodythe resolution of commitment here in question was adopted by the

!enate, which is a continuing body and which does not cease e?ist uponthe periodical dissolution of the ongress . . . 5here is no limit as to

time to the !enateFs power to punish for contempt in cases where thatpower may constitutionally be e?erted as in the present case.

5he power of the ouse of ongress to maCe investigations and

e?act testimony is incidental to the legislative functions as to beimplied. 5he po7er of in53ir0 with the process to enforce it is an

essential and appropriate au?iliary to the legislative function. must be %aterial or necessar/ to the e?ercise of a power

in it vested by the onstitution materialit" of a question

must be determined by its 2irect relation to the sub0ect of theinquiry 6t is not necessary for the legislative body to show that

ever" question propounded to a witness is material to an" proposed or possible legislation what is required is that it be

pertinent to the matter under inquir". 6t cannot legislate wisel" or effectivel" in the absence of information

respecting the conditions which the legislation is intended to affect orchange )or e?periences have shown that mere requests for such information

are often unavailing and those that are voluntaril" given are notalwa"s accurate or complete. ence, means of compulsion is essentialto obtain what is needed.

ARNA4LT vBALA*TA& !$+, however, allegedly stifles the ability of the members of ongress to access information that is crucial to law-maCing.

T.e po7er of in53ir0


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issued 21 >'>,mandated that “all

heads of departmentsof the 2?ecutive

;ranch of thegovernment shall

secure the consent ofthe President prior to

appearing beforeeither ouse of

ongress.” Pursuant to

this 1rder, 2?ecutive!ec. 2rmitacommunicated to the

!enate that thee?ecutive and %)Pofficials would not beable to attend the

meeting since thePresident has not yetgiven her consent.

>>>

&ma" conduct inquiries inaid of legislation in

accordance with its dul" published rules of procedure. The rights of person appearing in oraffected b" such inquiriesshall be respected.(

&ECTION "". 5he.ea2s of2epartments mayupon their own

initiative, 7it. t.econsent of t.ePresi2ent, or upon therequest of either ouse,as the rules of each

ouse shall provide,appear 1efore an2 1e.ear2 10 s3c. Ho3seon an0 matterpertainin/ to t.eir2epartments) Grittenquestions shall besubmitted to thePresident of the !enateor the !peaCer of theouse of$epresentatives at leastthree days before theirscheduled appearance.6nterpellations shall not

be limited to writtenquestions, but maycover matters relatedthereto. Ghen thesecurity of the !tate orthe public interest so

requires and thePresident so states inwriting, the appearanceshall be conducted ine?ecutive session.

is co-e?tensive with the power to legislate. 5he matters which may be a proper sub0ect of legislation and those which may be a proper sub0ect of investigation are one. 6t follows that the

operation of government, being a legitimate sub0ect for legislation, is a proper sub0ect forinvestigation.

??? the power of inquiry, “with process to enforce it,” is grounded on the necessity of the

information in the legislative process.T.e po7er of in53ir0 is s318ect to 832icial revie7

??? the right of ongress to conduct inquiries in aid of legislation is, in theory, no less susceptible

to abuse than e?ecutive or 0udicial power. 6t may thus be sub0ected to 0udicial review pursuant to

the ourtFs certiorari powers under !ec. ", %rt. 666.

!ec. 7", %rt. 6 liCewise establishes crucial safeguards that proscribe the legislative power of

inquiry. 5he provision requires that the inquiry be done in accordance with the !enate or ouseFsduly published rules of procedure, necessarily implying the constitutional infirmity of an inquiryconducted without duly published rules of procedure. !ec. 7" also mandates that the rights of persons appearing in or affected by such inquiries be respected, an imposition that obligates

ongress to adhere to the guarantees in the ;ill of $ights.

E6emption to po7er of in53ir0

2ven where the inquiry is in aid of legislation, there are still recogni@ed e?emptions to the powerof inquiry, which e?emptions falls under the rubric of “e?ecutive privilege.”

E6ec3tive privile/e: 2efine2

as “the power of the Oovernment to withhold information from the public, the courts, and theongress.” 6t is “the right of the President and high-level e?ecutive branch officers to withhold

information from ongress, the courts, and ultimately the public.”

?in2s of e6ec3tive privile/e

1ne variety of the privilege...is the state secrets privilege...on the ground that the information isof such nature that its disclosure would subvert crucial military or diplomatic ob0ectives. %nothervariety is the informerFs privilege, or the privilege of the Oovernment not to disclose the identityof persons who furnish information of violations of law to officers charged with the enforcement

of that law. )inally, a generic privilege for internal deliberations has been said to attach tointragovernmental documents reflecting advisory opinions, recommendations and deliberationscomprising part of a process by which governmental decisions and policies are formulated.

T.e principle of e6ec3tive privile/eis recogni@ed only in relation to certain types of information of a sensitive character.

Ghen ongress e?ercises its power of inquiry, the only way for department heads to e?empt

themselves therefrom is by a valid claim of privilege. 5hey are not e?empt by the mere fact thatthey are department heads.

onstitutionality of !ec. ", 21 >'>

5he requirement then to secure presidential consent under !ection ", limited as it is only toappearances in the question hour, is valid on its face. )or under !ec. 77, %rt. 6, the appearance

of department heads in the question hour is discretionary on their part.

!ection " cannot, however, be applied to appearances of department heads in inquiries in aid of legislation. ongress is not bound in such instances to respect the refusal of the department head

to appear in such inquiry, unless a valid claim of privilege is subsequently made, either by the

President herself or by the 2?ecutive !ecretary.

alidity of !ec. 7 and 8, 21 >'>

21 >'> unlawfully delegated authority to the heads of offices in !ec. 79b: to determine certaininformation as privileged

!ection 79b: in relation to !ection 8 virtually provides that, once the head of office determines

that a certain information is privileged, such determination is presumed to bear the PresidentFsauthority and has the effect of prohibiting the official from appearing before ongress, sub0ectonly to the e?press pronouncement of the President that it is allowing the appearance of suchofficial.

6n light of this highly e?ceptional nature of the privilege, the ourt finds it essential to limit to thePresident the power to invoCe the privilege. !he may of course authori@e the 2?ecutive !ecretary


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to invoCe the privilege on her behalf, in which case the 2?ecutive !ecretary must state that theauthority is “;y order of the President,” which means that he personally consulted with her. 5he

privilege being an e?traordinary power, it must be wielded only by the highest official in thee?ecutive hierarchy. 6n other words, the President may not authori@e her subordinates to e?ercise

such power.

Ho7 e6ec3tive privile/e s.o3l2 1e applie2 in t.e case of an official

??? when an official is being summoned by ongress on a matter which, in his own 0udgment,might be covered by e?ecutive privilege, he must be afforded reasonable time to inform the

President or the 2?ecutive !ecretary of the possible need for invoCing the privilege. 5his is

necessary in order to provide the President or the 2?ecutive !ecretary with fair opportunity toconsider whether the matter indeed calls for a claim of e?ecutive privilege. 6f, afer the lapse of that reasonable time, neither the President nor the 2?ecutive !ecretary invoCes the privilege,

ongress is no longer bound to respect the failure of the official to appear before ongress andmay then opt to avail of the necessary legal means to compel his appearance.

Ri/.t to Information

)or one, the demand of a citi@en for the production of documents pursuant to his right toinformation does not have the same obligatory force as a subpoena duces tecum issued byongress. 4either does the right to information grant a citi@en the power to e?act testimony fromgovernment officials. 5hese powers belong only to ongress and not to an individual citi@en.

5hus, while ongress is composed of representatives elected by the people, it does not follow,e?cept in a highly qualified sense, that in every e?ercise of its power of inquiry, the people aree?ercising their right to information.

5o the e?tent that investigations in aid of legislation are generally conducted in public, however,

any e?ecutive assistance tending to unduly limit disclosures of information in such investigationsnecessarily deprives the people of information which, being presumed to be in aid of legislation,

is presumed to be a matter of public concern. 5he citi@ens are thereby denied access toinformation which they can use in formulating their own opinions on the matter before ongress

opinions which they can then communicate to their representatives and other governmentalofficials through various legal means allowed by their freedom of e?pression ???

5he impairment of the right of the people to information as a consequence of 21 >'> is,

therefore, in the sense e?plained above, 0ust as direct as its violation of the legislatureFs power of inquiry.

*4(ANI v &EN*A

!"##=%

t.e Presi2ent can prevent militar0 officers from testif0in/ at a le/islative

in53ir0by virtue of her power as commander-in-chief, and that as a consequence amilitary officer who defies such in0unction is liable under military 0ustice. %t thesame time, we also hold that any chamber of ongress which seeCs theappearance before it of a military officer against the consent of the President has

adequate remedies under law to compel such attendance.$emedy is 0udicial relief the refusal of the President to allow members of the military to appear beforeongress is still sub0ect to 0udicial relief. 5he onstitution itself recogni@es as oneof the legislatureFs functions is the conduct of inquiries in aid of legislation.6nasmuch as it is ill-advised for ongress to interfere with the PresidentFs poweras commander-in-chief, it is similarly detrimental for the President to undulyinterfere with ongressFs right to conduct legislative inquiries.

&ABIO v *OR(ON

!"##=%hairman !abio

declined the invitationbecause of priorcommitment, and atthe same time invoCed

&ection @!1% of EONo) $( “4o member orstaff of theommission shall be

required to testify orproduce evidence inany 0udicial, legislativeor administrative

proceeding concerningmatters within itsofficial cogni@ance.”

5rt *-, Sec 89/ )ower

of investigationconferred not just to

!ongress but also of&an/ o" itsco%%ittee.( Thisconstitutes a irect

con"erral o"in#estigator/ power upon the committees.

5he ongressF power of inquiry, being broad, encompasses

everything that concerns the administration of e?isting laws as well asproposed or possibly needed statutes.

6t e?tends to “government agencies created by ongress and officers

whose positions are within the power of ongress to regulate or even

abolish.” POO belongs to this class. 6t is also inconsistent 7it. Art >I: &ec ", “Public office is a public

trust. Public officers and employees must at all times be accountable tothe people, serve them with utmost responsibility, integrity, loyalty, and

efficiency, act with patriotism and 0ustice, and lead modest lives.”

Limitations of t.e Bill of Ri/.ts Right to pri#ac/ ( 415 %;!1D352 where there is an overriding

compellin/ state interest. Right against sel"-incri%ination( 14DL when a question tends to

elicit an answer that will incriminate him


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NERI v &ENATECOMMITTEE ONACCO4NTABILIT O;P4BLIC O;;ICER& an2INVE&TI*ATION&

!"##,%

Ermita sent a letter tothe senate averring thatthe communicationsbetween GMA and Neriare privileged and that

the jurisprudence laiddown in Senate vsErmita be applied. Hewas cited in contemptof respondentcommittees and anorder for his arrest anddetention until suchtime that he wouldappear and give histestimony.

nder our !onstitution" the #resident is the repository of the commander$in$chief" appointing" pardoning" and diplomatic powers. !onsistent with thedoctrine of separation of powers" the information relating to these powersmay enjoy greater con%dentiality than others.Several jurisprudence cited provide the elements of presidentialcommunications privilege&'( )he protected communication must relate to a *+uintessential and non$delegable presidential power.,-( )he communication must be authored or *solicited and received, by aclose advisor of the #resident or the #resident himself. )he judicial test isthat an advisor must be in *operational proimity, with the #resident./( )he presidential communications privilege remains a +uali%ed privilege

that may be overcome by a showing of ade+uate need" such that theinformation sought *li0ely contains important evidence, and by theunavailability of the information elsewhere by an appropriate investigatingauthority.

)he right to public information" li0e any other right" is subject to limitation.Section 1 of Article 222 provides& )he right of the people to information on matters of public concern shall berecogni3ed. Access to o4cial records" and to documents" and paperspertaining to o4cial acts" transactions" or decisions" as well as togovernment research data used as basis for policy development" shall bea5orded the citi3en" subject to such limitations as may be provided by law.

*ARCILLANO vs) THEHO4&E O;REPRE&ENTATIVE&

!"##,%

Hello *arci)

5he respondent !enate ommittees, therefore, could not, in violation of theonstitution, use its unpublished rules in the legislative inquiry sub0ect ofthese consolidated cases. 5he conduct of inquiries in aid of legislation by the

!enate has to be deferred until it shall have caused the publication of therules, because it can do so only Nin accordance with its dul" published rulesof procedure.N

&ECTION "') !$% 5he ongress, by a vote of two-thirds of both ouses in 0oint session assembled, voting separately, shall have the solepower to declare the e?istence of a state of war.97: 6n times of war or other national emergency, the ongress may, by law, authori@e the President, for a limited period and sub0ect to

such restrictions as it may prescribe, to e?ercise powers necessary and proper to carry out a declared national policy. 3nless soonerwithdrawn by resolution of the ongress, such powers shall cease upon the ne?t ad0ournment thereof.

(AVI( v MACAPA*AL-ARROO !"##=%

President %rroyo issuedPP 4o. "J"& declaring a

state of emergency. 1nthe same day, issuedO.1. 4o. # implementingPP"J"&, directing themembers of the %)P andP4P Nto immediatelycarry out the necessary

and appropriate actionsand measures tosuppress and preventacts of terrorism andlawless violence.N

&!ongress, b" a vote oftwo%thirds of bothHouses' shall have thesole power to declare thee#istence of a state of

war.( &!ongress ma", b" law,authori$e the )resident,for a limited period andsubject to suchrestrictions as it ma"

prescribe, to e#ercise

powers necessar" and proper to carr" out adeclared national polic".(

&ection $,) 5he Presshall be the ommander-in-hief of all armedforces of the Philippinesand whenever it becomesnecessary, he may call

out such armed forces toprevent or suppresslawless violence, invasionor rebellion.. 5heongress, voting 0ointly,by a vote of at least ama0ority of all its

+embers in regular orspecial session, mayrevoCe such proclamationor suspensionB”

PP "J"& is not a declaration of +artial Daw. 6t is merely an e?ercise of President%rroyoFs callin/-o3t po7er for the armed forces to assist her in preventing orsuppressing lawless violence.

ongress is the repository of emergency powers. 5his is evident in the tenor of

!ection 78 97:, %rticle 6 authori@ing it to delegate such powers to the President. ertainly, a body cannot delegate a power not reposed upon it. owever,Cnowing that during grave emergencies, it may not be possible or practicable forongress to meet and e?ercise its powers, the )ramers of our onstitutiondeemed it wise to allow ongress to grant emergency powers to the President,sub0ect to certain conditions, thus(9": 5here must be a war or other emergency.

97: 5he delegation must be for a limited period only.98: 5he delegation must be sub0ect to such restrictions as the ongress mayprescribe.9>: 5he emergency powers must be e?ercised to carry out a national policydeclared by ongress.

&ECTION "@. %ll appropriation, revenue or tariff bills, bills authori@ing increase of the public debt, bills of local application, and private billsshall originate e?clusively in the ouse of $epresentatives, but the !enate may propose or concur with amendments.

TOLENTINO v &ec) "@ &':ills shall 6t is not the law but the revenue bill which is required by the onstitution to


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&ECRETAR O;;INANCE !$++@%

1ne contention is that $%&&"' did not originate

e?clusively in the ouseof $epresentatives asrequired by %rt. 6, !ec.7> of the onstitution,because it is in fact theresult of theconsolidation of 7 distinct

bills, . 4o. """& and !.4o. "'8J. 5here is also acontention that !. 4o."'8J did not pass 8readings as required bythe onstitution.

&&"' is the bill which theonference ommitteeprepared by consolidating4 """& and !4 "'8Jand that report included

provisions not found ineither ouse or !enate;ill and that theseprovisions were

RsurreptitiouslyF insertedby the onferenceommittee 9ommitteemed behind closeddoors:.

originate e#clusivel" inthe House ofRepresentatives'(

Art VI: &ec "=: “;o bill

passed b" either Houseshall become a law unlessit has passed 1 readingson separate da"s, and

printed copies thereof inits final form' e#ceptwhen the )resident

certifies to the necessit"of its immediateenactment.

“originate e?clusively” in the 1$ %nd since a bill originating from the ouse may undergo e?tensive changes in

the !enate that may result to rewriting of the whole, “a distinct bill mayinevitably be produced.” 51 insist that a revenue bill must be the same as the ouse bill would be to

den" the Senate4s power not only “to concur with amendments” but also to “propose amendments.” !uch consequently violates the coequalit" of legislative power of the two

houses of !ongress and maCe the ouse superior to the !enate.

&enate No) $='# 2i2 not pass ' rea2in/s on separate a/s

Gas because the President certified it as 3r/ent)

Art VI: &ec "=: “e?cept when the President certifies to the necessity of itsimmediate enactment, etc.” qualifies 7 stated conditions before a bill can becomea law(

". ;ill has passed 8 readings on separate days

7. as been printed in its final form and distributed 8 days before it isfinally approved

3pon the certification of the President the requirement of “8 readings on

separate days” and “of printing and distribution” can be dispensed with issupported by the wright of a legislative practice.

4ew ;ill Possibly 2merging 1ut of a onference ommittee(

a. ourt held that it is within the power of a conference committee toinclude in its report an entirely new provision that is neither found ineither ; or !;.

b. 6f the committee can propose an amendment , no reason why it cannot

propose several provisions Rso long as such amendment is germane tothe sub0ect of the bills before the committee.F

c. %fter all, its report is not final and still sub0ect to the approval of bothhouses of ongress to become valid

onference ommittee an 1nly %ct on the Hiffering Provisions and annot

6nsert Provisions 4ot )ound in the ;ills(a. $ules of !enate S66, !ec 7'( “'the differences shall be settled b" a

conference committee of both Houses which shall meet within 82 da"safter their composition.

b. $ule S6, !ec


9/12

*ARCIA v MATA!$+


10/12

&ECTION "=. 9": 2very bill passed by the ongress shall embrace only one sub0ect which shall be e?pressed in the title thereof.97: 4o bill passed by either ouse shall become a law unless it has passed three readings on separate days, and printed copies thereof inits final form have been distributed to its +embers three days before its passage, e?cept when the President certifies to the necessity of itsimmediate enactment to meet a public calamity or emergency. 3pon the last reading of a bill, no amendment thereto shall be allowed, andthe vote thereon shall be taCen immediately thereafter, and the yeas and nays entered in the Aournal.

PHILCON&A vs*IMENEZ !$+=


11/12

unrelated sub0ects in support of the whole act5o prevent surprises or even fraud upon legislation5o fairly apprise the people, through such publications of its publications whichare usually made, of the sub0ects of legislation5he provision does not constitute imbalance because it met the following

requirements(3niformity of ta?ation, liCe the Cindred concept of equal protection, merelyrequires that all sub0ects or ob0ects of ta?ation, similarly situated, are to betreated aliCe both in privileges and liabilities. 3niformity does not forfendclassification as long as(5he standards that are used therefore are and not arbitrary5he categori@ation is germane to achieve the legislative purpose

5he law applies, all things being equal, to all present and future laws andlassification applies equally well to those belonging to same class

A1a9a2a *3ro Part0List vs E6ec) &ec)Ermita !"##


12/12

needed, which is provided for in !ection 7#9#:, %rticle 6 of the onstitution.5he veto of these specific provisions in the O%% is tantamount to dictating to theAudiciary ot its funds should be utili@ed, which is clearly repugnant to fiscalautonomy. Pursuant to constitutional mandate, the Audiciary must en0oy freedomin the disposition of the funds allocated to it in the appropriations law.

PHILCON&A vENRID4EZ !$++@%

T!%+2 64 !2 7#U

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