Political Law UST

THE CONSTITUTIONPOLITICALLAW A.THECONSTITUTION DEFINITION,NATUREANDCONCEPTS Q:WhatisPoliticalLaw? A:Itisthatbranchofpubliclawwhichdealswith the organization and operations of the governmentalorgansoftheStateanddefinesits relations with the inhabitants of the territory. (People v. Perfecto, G.R. No. L18463, October 4, 1922) Q:Whatisthescopeofpoliticallaw? A: 1. Politicallaw 2. Constitutionallaw 3. Administrativelaw 4. Lawonmunicipalcorporations 5. Lawonpublicofficers 6. Electionlaws 7. Publicinternationallaw Q:WhatistheConstitution? A: The Constitution is the basic and paramount lawtowhichallotherlawsmustconformandto which all persons, including the highest officials, mustdefer.(Cruz,ConstitutionalLaw,1998ed.,p. 4) Q:HowisthePhilippineConstitutionclassified? A: It is classified as written, enacted and rigid. (Art.XVII,1987Constitution) Q: When did the Philippine Constitution take effect? A: It took effect on February 2, 1987, which was the date of the plebiscite. (De Leon v. Esguerra, G.R.No.L78059,Aug.31,1987) Q: How should the Philippine Constitution be interpreted? A: 1. Verba legis whenever possible, the wordsusedintheConstitutionmustbe given their ordinary meaning except wheretechnicaltermsareemployed. 2. Ratio legis et anima where there is ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the framers. 3. Ut magis valeat quam pereat the Constitution has to be interpreted as a whole. (Francisco v. HR, G.R. No. 160261,Nov.10,2003)

Q:Incaseofdoubt,howshouldtheConstitution beconstrued? A: The provisions should be considered self executing; mandatory rather than directory; and prospective rather than retroactive. (Nachura, ReviewerinPoliticalLaw,2005ed.,p.3) Q: What is the doctrine of Constitutional Supremacy? A: Under this doctrine, if a law or contract violatesanynormoftheConstitution,thatlaw or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. Thus, since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. (Manila Prince Hotel v. GSIS, G.R. No. 122156, Feb.3,1997) Q:StatethelegaldistinctionsbetweenEDSA1 and2.

A:EDSA1 EDSA2 Astopowerinvolvedorexercisedbythepeople Exerciseofthepeople poweroffreedomof speechandofassembly, Exerciseofthepeople topetitionthe powerofrevolution governmentforredressof grievances Effectofexerciseofthepowerinvolved Overthrowsthewhole government Extraconstitutional. Thelegitimacyofthe newgovernmentthat resultedfromitcannot bethesubjectof judicialreview. OnlyaffectedtheOffice ofthePresident Intraconstitutional. Theresignationofthe sittingPresidentthatit causedandthesuccession oftheVPasPresidentare subjecttojudicialreview.

Judicialreview

Natureofquestioninvolved Presentedapolitical Involveslegalquestions. question.

ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA Facultad de Derecho Civil VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ

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UST GOLDEN NOTES 2011 Q: Is the People Power recognized in the Constitution? A: People power is recognized in the Constitution: 1.ArticleIII,Section4guaranteestherightofthe peoplepeaceabletoassembleandpetitionthe governmentforredressofgrievances; 2.ArticleVI,Section32requiresCongresstopass alawallowingthepeopletodirectlyproposeor reject any act or law or part of it passed by congressoralocallegislativebody; 3.ArticleXIII,Section16providesthattherightof the people and their organizations to participate in all levels of social, political, and economic decisionmaking shall not be abridged and that the State shall, by law, facilitate the establishment of adequate consultationmechanisms; 4. Article XVII, Section 2 provides that subject to the enactment of an implementing law, the people may directly propose amendments to theConstitutionthroughinitiative. PARTS Q: What are the three parts of a written Constitution? A: 1. ConstitutionofSovereigntythisrefers to the provisions pointing out the modesorprocedureinaccordancewith which formal changes in the Constitution may be made (Art. XVII, AmendmentsorRevisions) 2. Constitution of Liberty the series of prescriptions setting forth the fundamental civil and political rights of thecitizensandimposinglimitationson the power of the government as a means of securing the enjoyment of thoserights(Art.III,BillofRights) 3. Constitution of Government provides for a structure and system of government; refers to the provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration and defining the electorate(Art.VI,LegislativeDept,Art. VII, Exec. Dept, Art. VIII, Judicial Dept, Art.IX,Consti.Commissions) AMENDMENTANDREVISION Q:Distinguishamendmentfromrevision. A:AMENDMENT Isolatedorpiecemeal changemerelyby adding,deleting,or reducingwithout alteringthebasic principleinvolved REVISION Arevamporrewriting ofthewhole instrumentalteringthe substantialentiretyof theConstitution

Q: How do you determine whether a proposed changeisanamendmentorarevision? A: 1. Quantitative test asks whether the proposed change is so extensive in its provisions as to change directly the substantialentiretyoftheConstitution by the deletion or alteration of numerous existing provisions. One examinesonlythenumberofprovisions affected and does not consider the degreeofthechange. 2. Qualitative test whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision. (Lambino v. Comelec, G.R. No. 174153,Oct.25,2006) Q: How may the Constitution be amended or revised? A: 1. Proposal a. ByCongressuponavoteofofall its members acting as Constituent Assembly(ConAss) Note: While the substance of the proposals made by each type of ConAss is not subject to judicial review, the manner the proposals are made is subject to judicial review. SinceConAssowestheirexistenceto the Constitution, the courts may determinewhethertheassemblyhas acted in accordance with the Constitution.

b.

By Constitutional (ConCon)

Convention

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POLITICALLAWTEAM: ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII& HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS, CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL. VILLAMOR.

THE CONSTITUTIONNote:CongressmaycallaConCon: 1. Byavoteof2/3ofall itsmembers;or 2. By a majority vote of all its members, submit such questiontotheelectorate. If Congress, acting as a ConAss, calls for a ConCon but does not provide details for the calling of such ConCon, Congress by exercising its ordinary legislative power may supply such details. But in so doing, the Congress (as legislature) should not transgress the resolution of CongressactingasaConAss. Note: The manner of calling a ConCon is subject to judicial review because the Constitution has providedforvotingrequirements.

Note: Choice of which ConAss or ConCon should initiate amendments and revisions is left to the discretionofCongress.Inotherwords,itisapolitical question.

Congress,asaConAssandtheConConhasnopower to appropriate money for their expenses. Money maybespentfromthetreasuryonlypursuanttoan appropriationmadebylaw.

c. By Peoples Initiative upon a petitionofatleast12%ofthetotal number of registered voters, of which every legislative district must be represented by 3% ofthe registeredvoterstherein. Note: The Constitution may be amended not oftener than every 5 yearsthroughinitiative.

thereon, to express their will in a genuine manner. Submission of piecemeal amendments is unconstitutional. All amendments must be submitted for ratification at one plebiscite only. The people have to be given a proper frame of reference in arriving at their decision. (Tolentino v.COMELEC,G.R.No.L34150,Oct.16,1971) a.R.A.6735 INITIATIVEANDREFERENDUMLAW Q:Whatisinitiative? A: It is the power of the people to propose amendments to the Constitution or to propose andenactlegislation. Q: What are the three (3) kinds of initiative underR.A.6735? A: 1. Initiative on the Constitutionrefers to a petition proposing amendments to theConstitution 2. Initiative on statutesrefers to a petitiontoenactanationallegislation 3. Initiative on local legislationrefers to apetitionproposingtoenactaregional, provincial, municipal, city, or barangay law, resolution or ordinance (Section 2 [a],R.A.6735) Note:Section2(b)ofR.A.6735providesfor: 1. Indirect Initiative exercise of initiative by the peoplethroughapropositionsenttoCongress orthelocallegislativebodyforaction 2. Direct Initiative the people themselves filed the petition with the COMELEC and not with Congress.

Revisions cannot be done through Initiative.

2.

RatificationAmendmentsorrevisions totheConstitutionshouldberatifiedby themajorityinaplebiscitewhichshould be held not earlier than 60 days nor laterthan90daysaftertheapprovalof suchamendment.

Q:WhatistheDoctrineofProperSubmission? A: Plebiscite may be held on the same day as regular election (Gonzales v. COMELEC, G.R. No. L28196, Nov. 9, 1967), provided the people are sufficiently informed of the amendments to be voted upon, to conscientiously deliberate

Q:WhatistheruleonLocalinitiative? A:Incaseof: 1. Autonomous regions not less than 2,000registeredvoters 2. Provinces and Cities not less than 1,000registeredvoters 3. Municipalities not less than 100 registeredvoters 4. Barangaysnotlessthan50 mayfileapetitionwiththeRegionalAssemblyor local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution. (Sec. 13 RA 6735)


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UST GOLDEN NOTES 2011 Q:WhatarethelimitationsonLocalinitiative? A: 1. The power of local initiative shall not be exercisedmorethanonceayear; 2. Initiative shall extend only to subjects or matters which are within the legal matters which are within the legal powers of the locallegislativebodiestoenact;and 3. If any time before the initiative is held, the local legislative body shall adopt in toto the propositionpresented,theinitiativeshallbe cancelled. However, those against such action may if they so desire, apply for initiative. Q: Is the initiative to change the Constitution applicabletorevision? A: No. An initiative to change the Constitution applies only to an amendment. Revision broadly impliesachangethataltersbasicprincipleinthe Constitution like altering the principle of separationofpowersorthesystemofchecksand balance. The initiative of the petitioners is a revisionandnotmerelyanamendment.(Lambino vs.COMELEC,G.R.No.174153,25October2006) Q:Whatisreferendum? A:Itisthepoweroftheelectoratetoapproveor reject legislation through an election called for thatpurpose. Q:Whatarethetwo(2)classesofreferendum? A: 1. Referendum on Statutes refers to a petition to approve or reject a law, or partthereof,passedbyCongress 2. Referendum on Local Law refers to a petition to approve or reject a law, resolution or ordinance enacted by regionalassembliesandlocallegislative bodies. Notes: The following cannot be subject of an initiativeorreferendum: 1. Petition embracing more than one subject shall be submitted to the electorate 2. Statutes involving emergency measures, the enactment of which is specifically vested in Congress by the Constitution, cannotbe subject toreferendumuntil 90 days after their effectivity. (Sec. 10 RA 6735)

Q: Compare and differentiate the concepts and processesofinitiativefromreferendum. A:INITIATIVE Thepowerofthepeople toproposeamendments totheConstitutionorto propose and enact legislations through an election called for the purpose. REFERENDUM The power of the legislation through an election called for the purpose. (Sec. 3, R.A. No.6735[1989])

LOCALINITIATIVE The legal process whereby the registered voters of a local government unit may directly propose, enact, oramendanyordinance (Sec.120) LOCALREFERENDUM The legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the Sanggunian(Sec.126)

SELFEXECUTINGANDNONSELFEXECUTING Q:Whatconstitutionalprovisionsareconsidered SelfExecutingandNonSelfExecuting? A: The following provisions of the Constitution areconsideredasselfexecuting: 1. Provisions in the Bill of Rights on arrests, searches and seizures,the rights of a person under custodial investigation,the rights of an accused,and the privilege against self incrimination, 2. Fundamental rights of life, liberty and theprotectionofproperty, 3. Provisions forbidding the taking or damaging of property for public use withoutjustcompensation. XPN: A constitutional provision is not self executingwhereitmerelyannouncesapolicyand its language empowers the Legislature to prescribethemeansbywhichthepolicyshallbe carriedintoeffect: 1. Article II on "Declaration of Principles andStatePolicies" 2. ArticleXIIIon"SocialJusticeandHuman Rights," 3. Article XIV on "Education Science and Technology, Arts, Culture end Sports"(Manila Prince Hotel v. GSIS, G.R.122156,Feb.3,1997)

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GENERAL CONSIDERATIONSB.GENERALCONSIDERATIONS NATIONALTERRITORY Q:WhatisTerritory? A: Territory is the fixed portion of the surface of theEarthinhabitedbythepeopleoftheState.As an element of a State, it is an area over which a statehaseffectivecontrol. Q:WhatcomprisesthePhilippineterritory? A: 1. The Philippine archipelago that body of water studded with islands which is delineated in the Treaty of Paris, as amended by the Treaty of Washington andtheTreatywithGreatBritain. CONSISTSOF a.Terrestrial b.Fluvial c.Aerial Domains a. b. c. d. e. INCLUDINGITS TerritorialSea Seabed Subsoil Insularshelves Other Submarine areas

Q:WhatistheArchipelagicDoctrineandwhere isitfoundinthe1987PhilippineConstitution? A:Itisdefinedasallwaters,aroundbetweenand connecting different islands belonging to the PhilippineArchipelago,irrespectiveoftheirwidth ordimension,arenecessaryappurtenancesofits land territory, forming an integral part of the nationalorinlandwaters,subjecttotheexclusive sovereigntyofthePhilippines. nd It is found in the 2 sentenceof Article 1 of the 1987Constitution. Q: What does the Archipelagic Doctrine emphasize? A:Itemphasizestheunityofthelandandwaters by defining an archipelago as group of islands surrounded by waters or a body of waters studdedwithislands. Note: To emphasize unity, an imaginary single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and watersenclosedwithinthebaselineformpartofits territory.

All other territories over which the Philippines has sovereignty or jurisdictionincludesanyterritorythat presentlybelongsormightinthefuture belongtothePhilippinesthroughanyof the accepted international modes of acquiringterritory. Q: What are the components of our National Territory? A: 1. TerrestrialDomain 2. MaritimeDomain 3. AerialDomain Note: R.A. 9522 which was approved by President Arroyo on March 10, 2009 amended certain provisions of R.A. 3046, as amended by R.A. 5446 and defined the archipelagic baselines of the Philippines.

2.

Q: What are the purposes of the Archipelagic Doctrine? A: The following are the purposes of the ArchipelagicDoctrine: 1. TerritorialIntegrity 2. NationalSecurity 3. Economicreasons Note:Themainpurposeofthearchipelagicdoctrine is to protect the territorial interests of an archipelago, that is, to protect the territorial integrityofthearchipelago.Withoutit,therewould be pockets of high seas between some of our islandsandislets,thusforeignvesselswouldbeable to pass through these pockets of seas and would have no jurisdiction over them. Accordingly, if we followtheoldruleofinternationallaw,itispossible thatbetweenislands,e.g.BoholandSiquijor,dueto the more than 24 mile distance between the 2 islands,theremaybehighseas.Thus,foreignvessels mayjustenteranytimeatwill,posingdangertothe security of the State. However, applying the doctrine, even these bodies of water within the baseline, regardless of breadth, form part of the archipelago and are thus considered as internal waters.

ARCHIPELAGICDOCTRINE Q:WhatisanArchipelagicState? A:Itisastateconstitutedwhollybyoneormore archipelagosandmayincludeotherislands.

Q: Is the Spratlys Group of Islands (SGI) part of thePhilippineArchipelago?


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UST GOLDEN NOTES 2011 A: No. It is too far to be included within the archipelagiclinesencirclingtheinternalwatersof Philippine Archipelago. However, the SGI is part of the Philippine territory because it was discovered by a Filipino seaman in the name of ViceAdmiral Cloma who later renounced his claim over it in favor of the Republic of the Philippines. Subsequently, then Pres. Marcos issued a Presidential Decree constituting SGI as partofthePhilippineterritoryandsendingsome of our armed forces to protect said island and maintainoursovereigntyoverit. Q:DoyouconsidertheSpratlysgroupofIslands aspartofourNationalTerritory? A:Yes.ArticleIoftheConstitutionprovides:The national territory comprises the Philippine archipelago, x x x, and all other territories over which the Philippines has sovereignty or jurisdiction, x x x. The Spratlys Group of islands falls under the second phrase and all other territories over which the Philippines has sovereignty or jurisdiction. It is part of our national territory because Philippines exercise sovereignty (through election of public officials) overSpratlysGroupofIslands.

A: Yes. This doctrine also applies to foreign governmentbecauseofthesovereignequalityof allthestate.Accordingly,immunityisenjoyedby other States, consonant with the public international law principle of par in parem non habet imperium. The head of State, who is deemed the personification of the State, is inviolable, and thus, enjoys immunity from suit. (JUSMAG Philippines v. NLRC, G.R. No. 108813, December15,1994) Q:CantheStatewaiveitsimmunity? A:Yes,expresslyorimpliedly. 1. Express consent of the State may be manifested through general or special law. Note: Solicitor General cannot validly waive immunity from suit. Only the Congress can (Republic v. Purisima, G.R. No.L36084,Aug.31,1977).

2.

DOCTRINEOFSTATEIMMUNITY Q:WhatistheDoctrineofStateImmunity? A: Under this doctrine, the State cannot be sued without its consent. (Sec. 3, Art. XVI, 1987 Constitution) Q: What is the basis of the doctrine of State immunity? A:Itreflectsnothinglessthanrecognitionofthe sovereign character of the State and an express affirmation of the unwritten rule effectively insulating it from the jurisdiction of courts. It is based on the very essence of sovereignty. (Department of Agriculture v. NLRC, G.R. No. 104269,November11,1993) Note: There can be no legal right against the authority which makes the law on which the right depends (Republic vs. Villasor, GRN L30671, November 28, 1973). However, it may be sued if it givesconsent,whetherexpressorimplied.

ImpliedconsentisgivenwhentheState itself commences litigation or when it enters into a contract. There is an implied consent when the state enters into a business contract. (US v. Ruiz, G.R.No.L35645May22,1985) Note:Thisruleisnotabsolute.

Q: Do all contracts entered into by the government operate as a waiver of its non suability? A: No. Distinction must still be made between one which is executed in the exercise of its sovereign function and another which is done in its proprietary capacity. A State may be said to havedescended to the level ofan individual and can this be deemed to have actually given its consent to be sued only when it enters into business contracts. It does not apply where the contract relates to the exercise of its sovereign functions. (Department of Agriculture vs. NLRC G.R.No.104269,November11,1993)

Q: Does this doctrine apply as well to foreign government?

Q: When is a suit considered as suit against the State? A: 1. WhentheRepublicissuedbyname; 2. When the suit is against an unincorporatedgovernmentagency; 3. When the suit is on its face against a governmentofficerbutthecaseissuch

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GENERAL CONSIDERATIONSthatultimateliabilitywillbelongnotto the officer but to the government. (Republic v. Sandoval, G.R. No. 84607, Mar.19,1993) Q: Petitioners sued the Philippine National Railwaysfordamagesforthedeathoftheirson who fell from an overloaded train belonging to thePNR.Thetrialcourtdismissedthesuitonthe groundthatthecharterofthePNR,asamended by P.D No. 741 has made the same a government instrumentality, and thus immune fromsuit.Isthedismissalproper? A:No.Thecorrectruleisthatnotallgovernment entitieswhethercorporateornoncorporate,are immune from suits. Immunity from suit is determined by the character of the objects for which the entity is organized. When the governmententersintoacommercialbusiness,it abandons its sovereign capacity and is to be treated like any other corporation. In this case, the State divested itself of its sovereign capacity when it organized the PNR which is no different from its predecessors, the Manila Railroad Company. (Malang v. PNRC, G.R. No. L49930, August7,1985) Q: Distinguish unincorporated government agency performing governmental function and one performing proprietary functions according to the applicability of the Doctrine of State Immunity. A:Unincorporated GovernmentAgency Performing Governmental Functions Immunity has been upheld in its favor because its function is governmental or incidental to such function Unincorporated GovernmentAgency PerformingProprietary Functions Immunity has not been upheld in its favor whose function was not inpursuitofanecessary function of government but was essentially a business. (Air Transportation Office v. Spouses David, G.R. No. 159402, February 23, 2011)

Q: What is the Restrictive Theory of State ImmunityfromSuit? A: The Restrictive Theory of State Immunity means that a State may be said to have descended to the level of an individual and can thus bedeemed to have tacitly given its consent

to be sued only when it enters into business contracts.However,therestrictiveapplicationof State immunity is proper only when the proceedingsariseoutofcommercialtransactions oftheforeignsovereign,itscommercialactivities oreconomicaffairs.Itdoesnotapplywherethe contract relates to the exercise of its sovereign functions. (United States vs. Ruiz, G.R. No. L 35645,May22,1985) Q:Whenisasuitagainstapublicofficialdeemed tobeasuitagainsttheState? A: The doctrine of State Immunity from suit appliestocomplaintsfiledagainstpublicofficials for acts done in the performance of their duties withinthescopeoftheirauthority. GR:Theruleisthatthesuitmustberegardedas one against the state where the satisfaction of thejudgmentagainstthepublicofficialconcerned will require the state to perform a positive act, suchasappropriationoftheamountnecessaryto paythedamagesawardedtotheplaintiff. XPNs:Theruledoesnotapplywhere: 1. The public official is charged in his official capacity for acts that are unlawful and injurious to the rights of others.Publicofficialsarenotexempt, intheirpersonalcapacity,fromliability arising from acts committed in bad faith;or 2. Thepublicofficialisclearlybeingsued not in his official capacity but in his personal capacity, although the acts complained of may have been committedwhileheoccupiedapublic position. (Lansang vs.CA, G.R. No. 102667,February23,2000) Q: The Northern Luzon Irrigation Authority was establishedbyalegislativechartertostrengthen theirrigationsystemsthatsupplywatertofarms and commercial growers in the area. While the NLIA is able to generate revenues through its operations, it receives an annual appropriation from Congress. The NLIA is authorized to "exercise all the powers of a corporation under the Corporation Code." Due to a miscalculation by some of its employees, there was a massive irrigationoverflowcausingaflashfloodinBarrio Zanjera.Achilddrownedintheincidentandhis parents now file suit against the NLIA for damages. May the NLIA validly invoke the immunityoftheStatefromsuit?


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UST GOLDEN NOTES 2011 A:No.Irrigationisaproprietaryfunction.Besides, the NLIA has a juridical personality separate and distinct from the government, a suit against it is not a suit against the State. (Fontanilla v. Maliaman,G.R.Nos.55963&61045,February27, 1991) Since the waiver of the immunity from suit is without qualification, the waiver includes an action based on a quasidelict. (Rayo vs. CFI of Bulacan.G.R.No.L55954.December19,1981) Q: What are the implications of this phrase waiverofimmunitybytheStatedoesnotmean aconcessionofitsliability? A:WhentheStategivesitsconsenttobesued, all it does is to give the other party an opportunity to show that the State is liable. Accordingly,thephrasethatwaiverofimmunity by the State does not mean a concession of liabilitymeansthatbyconsentingtobesued,the Statedoesnotnecessarilyadmitthatitisliable. In such a case the State is merely giving the plaintiffachancetoprovethattheStateisliable but the State retains the right to raise all lawful defenses.(PhilippineRockIndustries,Inc.v.Board of Liquidators, G.R. No. 84992, December 15, 1989) Q:Isthereanydistinctionbetweensuabilityand liabilityoftheState? A:Yes.SUABILITY Dependsontheconsent oftheStatetobesued The circumstance that a State is suable does not necessarily mean that it isliable. LIABILITY Depends on the applicable law and the establishedfacts The State can never be held liable if it is not suable. GOVERNMENT AGENCIES a.Incorporatedagencies SUABILITY testofsuabilityisstated in their charters. If its charter says so, it is suable suable if the nature of their acts is proprietary innature by right of economic or business relation = may besued by right of sovereign power,intheexerciseof sovereign functions = cannotbesued

b. Unincorporated governmentagencies

c.Juregestionis

d.Jureimperii

Note: Letters c and d are also considered as natureofactsofState. ActaJureImperii ActaJureGestionis Thereisnowaiver. There is waiver of State immunityfromsuit. The State is acting The State entered into a in its sovereign contract in its commercial orproprietarycapacity.The governmental State descended to the capacity. levelofaprivateentity.

3. GovernmentdoctrineofState immunity is available; nonsuability of the State is availabletotheagencyevenifitisshown thatitisengagednotonlyingovernment functions but also, as a sideline, or incidentally,inproprietaryenterprises.

Q: How are the liabilities of the following determined? A: 1. Public officers their acts without or in excessofjurisdiction:anyinjurycausedby him is his own personal liability and cannotbeimputedtotheState. 2. Governmentagenciesestablishwhether or not the State, as principal which may ultimately be held liable, has given its consent.

Q:Inwhatinstancesmayapublicofficerbesued withouttheStatesconsent? A: 1. Tocompelhimtodoanactrequiredby law 2. To restrain him from enforcing an act claimedtobeunconstitutional 3. To compel payment of damages from an already appropriated assurance fund or to refund tax overpayments from a fund already available for the purpose 4. To secure a judgment that the officer impleaded may satisfy the judgment himselfwithouttheStatehavingtodoa positiveacttoassisthim 5. Where the government itself has violated its own laws because the doctrine of State immunity cannot be usedtoperpetrateaninjustice

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GENERAL CONSIDERATIONSQ:Whatisthetruetestindeterminingwhether asuitagainstapublicofficerisasuitagainstthe State? A:Thetestisthat,ifapublicofficeroragencyis sued and made liable, the State will have to perform an affirmative act of appropriating the needed amount to satisfy the judgment. If the Statedoesso,then,itisasuitagainsttheState. Q:Isgarnishmentofgovernmentfundsallowed? A: GR: No. Whether the money is deposited by wayofgeneralorspecialdeposit,theyremain government funds and are not subject to garnishment. XPN: Where a law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation, then the moneycanbegarnished. Note: Funds belonging to government corporationswhichcansueandbesuedthatare depositedwithabankcanbegarnished.(PNBv. Pabalan,G.R.No.L33112,June15,1978)

privatepropertyshallnotbetakenforpublicuse without just compensation will be rendered nugatory.(Ministeriovs.CourtofFirstInstance,L 31635,August31,1971) PRINCIPLESANDPOLICIES Q:AretheprovisionsinArticleIIselfexecuting? A: No. By its very title, Article II of the Constitution is a declaration of principles and state policies. However, principles in Article II are not intended to be selfexecuting principles ready for enforcement through the courts. They are used by the judiciary as aids or as guides in theexerciseofitspowerofjudicialreview,andby the legislature in its enactment of laws. (Tondo Medicalv.CA,G.R.No.167324,July17,2007) Note: As a general rule, these provisions are non selfexecuting. But a provision that is complete in itself,andprovidessufficientrulesfortheexerciseof rights, is selfexecuting. Thus, certain provisions in Art. II are selfexecuting, one of which is that provided in Section 16, Art. II, The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythmandharmonyofnature.(Oposav.Factoran, G.R.No.101083,July,30,1993)

If the local legislative authority refuses to enact a law appropriating the money judgmentrenderedbythecourt,thewinning party may file a petition for mandamus to compelthelegislativeauthoritytoenactalaw (Municipality of Makati v. CA, G.R. Nos. 8989899,Oct.1,1990) Q:CantheGovernmentbemadetopayinterest inmoneyjudgmentsagainstit? A: GR:No. XPNs: 1. Eminentdomain 2. Erroneouscollectionoftaxes 3. Where government agrees to pay interestpursuanttolaw. Q: A property owner filed an action directly in court against the Republic of the Philippines seeking payment for a parcel of land which the nationalgovernmentutilizedforaroadwidening project.Canthegovernmentinvokethedoctrine ofnonsuitabilityofthestate? A: No. When the government expropriates property for public use without paying just compensation,itcannotinvokeitsimmunityfrom the suit. Otherwise, the right guaranteed in Section9,ArticleIIIofthe1987Constitutionthat

Q:WhatisaRepublicanState? A: It is a state wherein all government authority emanates from the people and is exercised by representativeschosenbythepeople.(Dissenting Opinion of J. Puno, G.R. No. 148334, January 21, 2004andBernasPrimer,2006Edition) Q: What are the manifestations of Republicanism? A: The following are the manifestations of Republicanism: 1. Ours is a government of laws and not of men. 2. RuleofMajority(Pluralityinelections) 3. Accountabilityofpublicofficials 4. BillofRights 5. Legislaturecannotpassirrepealablelaws 6. Separationofpowers Note: In the view of the new Constitution, the Philippinesisnotonlyarepresentativeorrepublican state but also shares some aspects of direct democracysuchasinitiativeandreferendum.


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UST GOLDEN NOTES 2011 Q: What do you understand by Constitutional Authoritarianism? A: Constitutional authoritarianism as understood and practiced in the Marcos regime under the 1973 constitution was the assumption of extraordinary powers by the President, including legislative and judicial and even constituent powers. Q: Is constitutional authoritarianism compatible witharepublicanstate? A. Yes, if the Constitution upon which the Executive bases his assumption of power is a legitimate expression of the peoples will and if the Executive who assumes power received his office through a valid election by the people. (BernasPrimer,2006Edition) Note: The essence of republicanism is representationandrenovation,theselectionbythe citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf, serving for a limited period only, after whichtheyarereplacedorretainedattheoptionof theirprincipal.

2.

3.

Q:WhatistheStatepolicyregardingwar? A: The State renounces war as an instrument of nationalpolicy.(Sec.2,Art.II,1987Constitution) Q:DoesthePhilippinesrenouncedefensivewar? A. No, because it is duty bound to defend its citizens. Under the Constitution, the prime duty of the government is to serve and protect the people. Note: The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. (Section 2, Article II, 1987 Constitution)

4.

Q: What are the policies of the State on the following? 1. Workingmen 2. Ecology 3. Theysymbolsofstatehood 4. Culturalminorities 5. ScienceandTechnology A: 1. Section 14, Article XIII of the Constitution provides:"TheStateshallprotectworking

women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhancetheirwelfareandenablethemto realizetheirfullpotentialintheserviceof thenation." Section 16, Article II of the Constitution provides: The State shall protect and advance the right of the people and their posterity to a balanced and healthful ECOLOGY in accord with the rhythm and harmonyofnature." Section 1, Article XVII of the Constitution provides:"TheFlagofthePhilippinesshall be red, white, and blue, with a sun and three stars, as consecrated and honored bythepeopleandrecognizedbylaw." Section 2, Article XVI of the Constitution states:TheCongressmaybylaw,adopta new name for the country, a national anthem,oranationalseal,whichshallall be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a nationalreferendum." Section 22, Article II of the Constitution provides: The State recognizes and promotestherightsofindigenouscultural communities within the framework of nationalunityanddevelopment." Section 5, Article XII of the Constitution reads: The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, socialandculturalwellbeing. The Congress may provide for the applicability of customary laws governing propertyrightsorrelationsindetermining theownershipandextentoftheancestral domains." Section 6, Art. XIII of the Constitution provides: The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordancewithlaw,inthedispositionor utilization of other natural resources,

10


GENERAL CONSIDERATIONSincludinglandsofthepublicdomainunder leaseorconcessionsuitabletoagriculture, subjecttopriorrights,homesteadrightsof smallsettlers,andtherightsofindigenous communitiestotheirancestrallands. The State may resettle landless farmers and farm workers in its own agricultural estateswhichshallbedistributedtothem inthemannerprovidedbylaw." Section 17, Article XIV of the Constitution states: "The State shall recognize, respect and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions.Itshallconsidertheserightsin the formulation of national plans and policies." Section 17, Article II of the Constitution provides: "The State shall give priority to Education, Science and Technology, Arts, Culture and Sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberationanddevelopment." Section 14, Article XII of the Constitution readsinpart:"Thesustaineddevelopment ofareservoirofnationaltalentsconsisting of Filipino scientists, entrepreneurs, professionals, managers, highlevel technical manpower and skilled workers and craftsmen shall be promoted by the State. The State shall encourage appropriate technology and regulate its transferforthenationalbenefit. Subsection2,Section3,ArticleXIVofthe Constitution states: "They (educational institutions)shallinculcatepatriotismand nationalism, foster love of humanity, respect for human rights, appreciation of theroleofnationalheroesinthehistorical development of the country, teach the rightsanddutiesofcitizenship,strengthen ethicalandspiritualvalues,developmoral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency." Section 10, Article XIV of the Constitution declares: "Science and Technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, services. It shall support indigenous, appropriate, and selfreliant scientific and cultural capabilities, and their application to the country's productivesystemsandnationallife." Section 11, Article XIV of the Constitution provides: "The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grantsinaid or other forms of Incentives shall be provided to deserving science students, researchers, scientists, investors, technologists, and specially gifted citizens." Section 12, Article XIV of the Constitution reads: The State shall regulate the transfer and promote the adaptation of technology from all sources for the nationalbenefit.Itshallencouragewidest participation of private groups, local governments, and communitybased organizations in the generation and utilizationofscienceandtechnology." Q: Does the 1987 Constitution provide for a policy of transparency in matters of public concern? A:Yes,the1987Constitutionprovidesforapolicy oftransparencyinmattersofpublicinterest: 1. Section 28, Article II of the 1987 Constitutionprovides:"Subjecttoreasonable conditions prescribed by law, the State adopts and implements a policy of full disclosure of all its transactions involving publicinterest," 2. Section 7, Article III states: "The right of the people to information on matters of publicconcernshallberecognized,accessto official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen,subjecttosuchlimitationsasmaybe providedbylaw." 3. Section 20, Article VI reads: "The records and books of account of the Congress shall

5.


11

UST GOLDEN NOTES 2011 be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred foreachmember." 4. Section 17, Article XI provides: sworn statementofassets,liabilitiesandnetworth of the President, the VicePresident, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissionandotherconstitutionaloffices, andofficersofthearmedforceswithgeneral or flag rank filed upon their assumption of office shall be disclosed to the public in the mannerprovidedbylaw. 5. Section 21, Article XII declares: "Information on foreign loans obtained or guaranteed by the government shall be madeavailabletothepublic." Note: These provisions on public disclosures are intended to enhance the role of the citizenry in governmental decisionmaking as well as in checking abuse in government. (Valmonte vs. Belmonte, G.R. No. 74930, Feb. 13,1989)

Q:WhatistheDoctrineofIncorporation? A: It means that the rules of International law formpartofthelawofthelandandnolegislative action is required to make them applicable in a country.Bythisdoctrine,thePhilippinesisbound by generally accepted principles of international law, which are considered to be automatically partofourownlaws.(Taadav.Angara,G.R.No. 118295,May2,1997) Q:WhatistheDoctrineofAutolimitation? A:ItisthedoctrinewherethePhilippinesadhere toprinciplesofinternationallawasalimitationto theexerciseofitssovereignty. Note: The fact that the international law has been made part of the law of the land does not by any means imply the primacy of international law over nationallawinthemunicipalsphere.(PhilipMorris, Inc.v.CA,G.R.No.91332,July16,1993)

Q:Howisciviliansupremacyensured? A: 1. By the installation of the President, the highestcivilianauthority,asthecommander inchief of all the armed forces of the Philippines. (Sec. 18, Art. VII, 1987 Constitution) 2.Throughtherequirementthatmembersof the AFP swear to uphold and defend the Constitution, which is the fundamental law ofcivilgovernment.(Sec.5[1],Art.XVI,1987 Constitution) Q: Can a person avoid the rendition of military servicestodefendtheState? A: No. One cannot avoid compulsory military service by invoking ones religious convictions or by saying that he has a sick father and several brothers and sisters to support. Accordingly, the duty of government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty to the Government excusable should there be no sufficient men who volunteer to enlist therein. The right of the Government to require compulsory military service is a consequence of itsdutytodefendtheStateandisreciprocalwith itsdutytodefendthelife,liberty,andpropertyof thecitizen.(Peoplev.Zosa,G.R.No.L4589293, July13,1938). Q: What are the provisions of the Constitution that support the principle of separation of ChurchandState? A: 1. The nonestablishment clause. (Sec. 5 of Art.III) 2. Sectoral representation in the House of Representatives. Various sectors may be represented except the religious sector. (Par.2,Sec.5ofArt.VI) 3. Religiousgroupsshallnotberegisteredas political parties. (Par. 5, Sec. 2, Art. IXC, 1987Constitution) Note: Exceptions to the abovementioned rule are thefollowingprovisons: 1. Churches, parsonages, etc. actually, directly and exclusively used for religious purposes shall be exempt from taxation. (Article VI, Section28[3]); 2. Whenpriest,preacher,ministerordignitaryis assigned to the armed forces, or any penal

Q: What is meant by the principle of Civilian Supremacy? A: The civilian authority is, at all times, supreme overthemilitary.

12


GENERAL CONSIDERATIONSinstitution or government orphanage or leprosarium, public money may be paid to them(ArticleVI,Section29[2]); 3. Optional religious instruction for public elementary and high school students (Article XIV,Section3[3]); 4. Filipino ownership requirement for education institutions, except those established by religious groups and mission boards (Article XIV,Section4[2]).

A:Thosewhichare: 1. Found to be constitutionally compelled, i.e. required by the Free Exercise Clause (mandatory), 2. Discretionary or legislative, i.e. not required by the Free Exercise Clause (permissive), 3. Prohibited by the religion clauses (prohibited). Note:Basedontheforegoing,andafterholdingthat the Philippine Constitution upholds the benevolent neutralitydoctrinewhichallowsforaccommodation, the Court laid down the rule that in dealing with cases involving purely conduct based on religious belief, it shall adopt the strictcompelling State interest test because it is most in line with the benevolentneutralityaccommodation.

Q:WhatistheStrictSeparationistApproach? A:Underthisapproach,theestablishmentclause wasmeanttoprotecttheStatefromthechurch, and the States hostility towards religion allows no interaction between the two. (Estrada v. Escritor,A.M.No.P021651,June22,2006) Q:WhatistheStrictNeutralityApproach? A: It is not hostile in religion, but it is strict in holding that religion may not be used as a basis for classification for purposes of governmental action, whether the action confers rights or privileges or imposes duties or obligations. Only secular criteria may be the basis of government action. It does not permit, much less require accommodation of secular programs to religious belief. (Estrada v. Escritor, A.M. No. P021651, June22,2006) Q:WhatisthetheoryofBenevolentNeutrality? A: Under this theory the wall of separation is meant to protect the church from the State. It believes that with respect to governmental actions, accommodation of religion may be allowed, not to promote the governments favored form of religion, but to allow individuals and groups to exercise their religion without hindrance. (Estrada v. Escritor, A.M. No. P02 1651,June22,2006) Q:WhattheoryisappliedinthePhilippines? A: In the Philippine context, the Court categorically ruled that, the Filipino people, in adopting the Constitution, manifested their adherencetothebenevolentneutralityapproach thatrequiresaccommodationsininterpretingthe religion clauses. (Estrada v. Escritor, A.M. No. P 021651,June22,2006) Q: What are the three kinds of accommodation thatresultsfromfreeexerciseclaim?

Q:WhatisMandatoryAccommodation? A: This is based on the premise that when religious conscience conflicts with a government obligation or prohibition, the government sometimes may have to give way. This accommodationoccurswhenallthreeconditions ofthecompellingStateinteresttestaremet. Q:WhatisPermissiveAccommodation? A: It means that the State may, but is not requiredto,accommodatereligiousinterests. Q:WhatisProhibitedAccommodation? A:ThisresultswhentheCourtfindsnobasisfora mandatoryaccommodation,oritdeterminesthat the legislative accommodation runs afoul of the establishment or the free exercise clause. In this case,theCourtfindsthatestablishmentconcerns prevailoverpotentialaccommodationinterests. Note:Thepurposeofaccommodationsistoremove aburdenon,orfacilitatetheexerciseof,apersons orinstitutionsreligions.

SEPARATIONOFPOWERS Q: What is the Doctrine of Separation of Powers? A: In essence, separation of powers means the legislation belongs to Congress, execution to the executive,settlementoflegalcontroversiestothe judiciary. Each is therefore prevented from invadingthedomainoftheothers. Q:Whatisthepurposeofseparationofpowers?


13

UST GOLDEN NOTES 2011 A: To prevent the concentration of authority in onepersonorgroupofpersonsthatmightleadto irreparable error or abuse in its exercise to the detrimentofrepublicaninstitutions.Thepurpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of governmental powers among the three departments,tosavethepeoplefromautocracy. 1. Tosecureaction 2. Toforestalloveraction 3. Topreventdespotism 4. Toobtainefficiency Q: What are the powers vested in the three branchesofgovernment? A:Executive Imple mentationof laws (Powerofthe sword) Legislative Makingoflaws (Powerofthe purse) Judiciary Interpretation oflaws (Powerof judicialreview)

Note: Legislative power is given to the Legislature whosemembersholdofficeforafixedterm(Art.VI, Sec.1); executive power is given to a separate Executivewhoholdsofficeforafixedterm(Art.VII, Sec.1);andjudicialpowerisheldbyanindependent Judiciary.(Art.VIII,Sec.1)

Q:Agroupoflosinglitigantsinacasedecidedby theSCfiledacomplaintbeforetheOmbudsman charging the Justices with knowingly and deliberatelyrenderinganunjustdecisioninutter violation of the penal laws of the land. Can the Ombudsmanvalidlytakecognizanceofthecase? A: No. Pursuant to the principle of separation of powers,thecorrectnessofthedecisionsoftheSC as final arbiter of all justiciable disputes is conclusive upon all other departments of the government; the Ombudsman has no power to review the decisions of the SC by entertaining a complaint against the Justices of the SC for knowingly rendering an unjust decision. (In re: Laureta,G.R.No.L68635,May14,1987) Q: May the RTC or any court prohibit a committee of the Senate like the Blue Ribbon Committee from requiring a person to appear before it when it is conducting investigation in aidoflegislation? A: No, because that would be violative of the principle of separation of powers. The principle

essentially means that legislation belongs to Congress, execution to the Executive and settlementoflegalcontroversiestotheJudiciary. Each is prevented from invading the domain of the others. (Senate Blue Ribbon Committee v. Majaducon,G.R.No.136760,July29,2003) Q:WhatistheprincipleofBlendingofPowers? A:Itisaninstancewhenpowersarenotconfined exclusively within one department but are assignedtoorsharedbyseveraldepartments. Examples of the blending of powers are the following: 1. Power of appointment which can be exercised by each department and be rightfully exercised by each department overitsownadministrativepersonnel; 2. General Appropriations Law President prepares the budget which serves as the basisofthebilladoptedbyCongress; 3. Amnesty granted by the President requires the concurrence of the majority ofallthemembersoftheCongress;and 4. COMELEC does not deputize law enforcement agencies and instrumentalities of the government for the purpose of ensuring free, orderly, honest, peaceful and credible elections alone (consent of the President is required) CHECKSANDBALANCES Q:WhatistheprincipleofChecksandBalances? A: It allows one department to resist encroachmentsuponitsprerogativesortorectify mistakes or excesses committed by the other departments. Q:HowdoestheExecutiveChecktheothertwo branches? A:EXECUTIVECHECK Judiciary 1. Through its power of pardon, it may set aside the judgment of the Through its judiciary. vetopower 2. Also by power of appointment power to appoint members of the Judiciary. Legislative

14


GENERAL CONSIDERATIONS Q: How does Legislature check the other two branches? A:LEGISLATIVECHECK Executive Judiciary Override the Revoke or amend the veto of the decisionsbyeither: 1.Enactinganewlaw President Reject certain 2. Amending the old law, giving it certain appointments definition and made by the interpretation different president fromtheold Revoke the 3. Impeachment of SC members proclamation of martial law or suspension of the writ of habeascorpus Impeachment 4. Define, prescribe, apportion jurisdiction of lowercourts: a. Prescribe the qualifications of lower court judges b. Impeachment c. Determination of salariesofjudges. Determine the salaries of the president or vicepresident public official rests solely in the executive department; the legislature cannot delegate a power/dutytotheSCtoinvestigatetheconductand behaviorofexecutiveofficialsotherwise,itwouldbe unconstitutional as per violation of the doctrine of separation of powers. (Noblejas v. Teehankee, G.R. No.L28790,Apr.29,1968) Thefirstandsafestcriteriontodeterminewhethera given power has been validly exercised by a particular department is whether or not the power has been constitutionally conferred upon the department claiming its exercise. However, even in the absence of express conferment, the exercise of the power may be justified under the Doctrine of Necessary Implication the grant of express power carried with it all other powers that may be reasonablyinferredfromit.

1.

2.

3.

DELEGATIONOFPOWERS Q:Canadelegatedpowerberedelegated? A: GR:No.Delegatedpowerconstitutesnotonly a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the interveningmindofanother. XPN:Permissibledelegations:PETAL 1. Delegation to the People through initiative and referendum. (Sec. 1, Art. VI,1987Constitution) 2. Emergency powers delegated by CongresstothePresident.(Sec.23,Art. VI) The conditions for the vesture of emergencypowersarethefollowing: a. There must be war or other nationalemergency b. The delegation is for a limited periodonly c. Delegationissubjecttorestrictions asCongressmayprescribe d. Emergency powers must be exercisedtocarryanationalpolicy declaredbyCongress 3. CongressmaydelegateTariffpowersto thePresident.(Sec.28(2),Art.VI) Note:TheTariffandCustomsCodeisthe enabling law that grants such powers to thepresident.

4.

5.

Q: How does the Judiciary check the other two branches? A:JUDICIALCHECK Executive Legislative It may declare (through the SC as the final arbiter) the acts of both the legislature and executive as unconstitutional or invalid so long as there is graveabuseofdiscretion.

Note:Oftentimes,duetotheprincipleofseparation ofpowers,theSupremeCourtrefusestopassupon theconstitutionalityofthelawssolongasitcanuse otherbasisfordecidingthecase.

The legislature cannot, upon passing a law which violatesaconstitutionalprovision,validateitsoasto prevent an attack thereon in the courts, by a declaration that it shall be so construed as not to violate the constitutional inhibition (Endencia v. David, G.R. No. L635556 Aug. 31, 1953). The right and responsibility to investigate and suspend a


15

UST GOLDEN NOTES 2011 The power to impose tariffs in the first place is not inherent in the President but arisesonlyfromcongressionalgrant.Thus, itistheprerogativeofCongresstoimpose limitations and restrictions on such powers which do not normally belong to the executive in the first place. (Southern Cross Cement Corporation v. Philippine Cement Manufacturing Corp., G.R. No. 158540,Aug.3,2005) step into the shoes of the legislature and exercise discretioninordertorepairtheomissions.

Q: What is the distinction between the Presidents authority to declare a state of national emergency and her authority to exerciseemergencypowers? A:ThePresidentsauthorityto:DeclareaStateof NationalEmergency Granted by the Constitution, no legitimate objection can beraised. ExerciseEmergency Powers Requires a delegation from Congress. (David, et al. v. Gloria MacapagalArroyo, et al., G.R. No. 171396, May3,2006) Note: Conferment of emergency powers on the President is not mandatoryonCongress.

4.

Delegation to Administrative bodies also known as power of subordinate legislation. Note: This refers to the authority vested by Congress to the administrative bodies to fill in the details which Congress cannotprovideduetolackofopportunity orcompetence.Suchincludesthemaking of supplementary rules and regulations. Suchhavetheforceandeffectoflaw.

5.

DelegationtoLocalGovernmentsItis not regarded as a transfer of general legislative power, but rather as the grant of authority to prescribe local regulations. Note:Congresscanonlydelegate,usually to administrative agencies, RuleMaking Power.

FORMSOFGOVERNMENT Q: What is the form of government of the Philippines? A: The Philippines adheres to the presidential system. Q: What is the principal identifying feature of a presidentialformofgovernment? A: The principal identifying feature of a presidential form of government is embodied in theseparationofpowersdoctrine. Note: In presidential system, the President is both theheadofStateandtheheadofgovernment.

Q:Whatarethetwotestsofvaliddelegation? A: 1. Completeness Test law must be complete in all essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforceit. 2. Sufficient Standard Test if law does notspelloutindetailthelimitsofthe delegates authority, it may be sustained if delegation is made subjecttoasufficientstandard. Note: SUFFICIENT STANDARD maps out the boundaries of the delegates authority and indicating the circumstances under which it is to be pursuedandeffected(purpose:prevent totaltransferenceoflegislativepower).

Q: What are the essential characteristics of a parliamentaryformofgovernment? A: 1.Themembersofthegovernmentorcabinet or the executive arm are, as a rule, simultaneouslymembersofthelegislature; 2.Thegovernmentorcabinetconsistingofthe politicalleadersofthemajoritypartyorofa coalition who are also members of the legislature, is in effect a committee of the legislature; 3. The government or cabinet has a pyramidal structure at the apex of which is the Prime Ministerorhisequivalent;

Note: INVALID DELEGATION OF LEGISLATIVE POWERIf there are gaps that will prevent its enforcement, delegate is given the opportunity to

16


GENERAL CONSIDERATIONS4.Thegovernmentorcabinetremainsinpower only for so long as it enjoys the support of themajorityofthelegislature; 5. Both government and legislature are possessedofcontroldeviceswhicheachcan demand of the other immediate political responsibility.Inthehandsofthelegislature is the vote of nonconfidence (censure) wherebygovernmentmaybeousted.Inthe hands of the government is the power to dissolve the legislature and call for new elections. Q:WhatarethefunctionsoftheGovernment? A: 1. Constituent mandatory for the government to perform because they constitutetheverybondsofsociety. Ministrant intended to promote the welfare, progress and prosperity of the people. Q:Whataretheclassificationsofgovernmenton thebasisoflegitimacy? A: 1. De jure government. A government truly and lawfully established by the ConstitutionofaStatebutwhichhaving been in the meantime displaced is actuallycutofffrompowerorcontrol. 2. De facto government. A government of fact; one actually exercising power and control in the State as opposed to the trueandlawfulgovernment. Q:Whatarethekindsofadefactogovernment? A: 1. Defactopropergovernmentthatgets possessionandcontrolof,orusurps,by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter; 2. Government of paramount force established and maintained by military forces who invade and occupy a territory of the enemy in the course of war;and 3. Independent government established by the inhabitants of the country who rise in insurrection against the parent State.(KopKimChamv.ValdezTanKey, G.R.No.L5,Sept.17,1945)

2.

Note: Distinction of function is no longer relevant because the Constitution obligates the State to promotesocialjusticeandhasrepudiatedthelaissez faire policy (ACCFA v. Federation of Labor Unions, G.R. No. L221484, Nov. 29, 1969). However, in Shipside Incorporated v. CA (G.R. No. 143377,Feb. 20, 2001), the nature of the function of the BCDA was a factor to determine the locus standi of the Government.

Q: Does the Bases Conversion Development Authority (BCDA) exercise constituent or ministrantfunction? A: While public benefit and public welfare, particularly, the promotion of the economic and social development of Central Luzon, may be attributabletotheoperationoftheBCDA,yetitis certainthatthefunctionsperformedbytheBCDA are basically proprietary in nature. Other corporations have been created by government to act as its agents for the realization of its programs,theSSS,GSIS,NAWASAandtheNIA,to count a few, and yet, the Court has ruled that these entities, although performing functions aimed at promoting public interest and public welfare, are not governmentfunction corporations invested with governmental attributes. It may thus be said that the BCDA is not a mere agency of the Government but a corporatebodyperformingproprietaryfunctions. (Shipside Incorporated v. CA, G.R. No. 143377,Feb.20,2001)


17

UST GOLDEN NOTES 2011 C.LEGISLATIVEDEPARTMENT Q:Towhatbodyislegislativepowervested? A: GR:Congress XPN: Powers reserved to the people by the provisiononinitiativeandreferendum. Q:Whataretheclassesoflegislativepower? A:ODeCO 1. Original: Possessed by the people in their sovereign capacity i.e. initiative andreferendum. 2. Delegated: Possessed by Congress and otherlegislativebodiesbyvirtueofthe Constitution. 3. Constituent: The power to amend or revisetheConstitution. 4. Ordinary: The power to pass ordinary laws. Q: What are the limitations on the legislative powerofCongress? A: 1. Substantive: limitations on the content oflaws. 2. Procedural: limitations on the manner ofpassinglaws. 3. Congresscannotpassirrepealablelaws. 4. Congress, as a general rule, cannot delegateitslegislativepower. Note:TheCongressofthePhilippinesisabicameral body composed of a Senate and House of Representatives, the first being considered as the upperhouseandthesecondthelowerhouse. HOUSESOFCONGRESS thePhils. 2. At least 25 years of age onthedayofelection. 3.Abletoreadandwrite. 4. Except the partylist reps, a registered voter in the district in which heshallbeelected. 5. Resident thereof for a periodofnotlessthan1 year immediately proceeding the day of theelection. Termofoffice 6 years, commencing at noon on the 30th 3 years, commencing at day of June next noon on the 30th day of following their June next following their election. election. Termlimit:Onlyupto Term limit: No member of 2 consecutive terms. the HoR shall serve for However, they may more than 3 consecutive serveformorethan2 terms. terms provided that the terms are not consecutive. citizenofthePhils. 2.Atleast35yearsof age on the day of election. 3. Able to read and write. 4. Resident of the Phils. for not less than 2 years immediately preceding the day ofelection.

Q: Discuss the disqualifications of members of Congress. A:Senate 1.NoSenatorshallserve for more than 2 consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected (Section4,ArticleVI). 2. One who has been declared by competent authority as insane or incompetent 3. One who has been sentenced by final judgmentfor: a.Subversion; b.Insurrection; c.Rebellion; d.Anyoffensefor whichhehasbeen sentencedtoa HoR 1. Shall not serve for more than three (3) consecutive terms (Sec. 7,ArticleVI).

Compositions,QualificationsandTermsofOffice Q: Discuss the composition, qualifications, and termofofficeofmembersofCongress. A: HoR Composition 24 Senators (elected Not more than 250 at large by qualified members,unlessotherwise providedbylaw. Filipinovoters) Qualifications 1. Naturalborn 1. Naturalborn citizen of SENATE

2. One who has been declared by competent authority as insane or incompetent 3. One who has been sentenced by final judgmentfor: a.Subversion; b.Insurrection; c.Rebellion; d.Anyoffensefor whichhehasbeen sentencedtoa

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LEGISLATIVE DEPARTMENTpenaltyofnotmore than18months;or e. A crime involving moral turpitude, unless given plenary pardonor granted amnesty. (Section12,BP881) penaltyofnotmore than18months;or e.Acrime involvingmoral turpitude,unless givenplenarypardon orgranted amnesty.(Section12, BP881)

A:DistrictRepresentative Elected according 1. to legislative district by the constituents of suchdistrict; Must be a resident of his legislative district for at least 1 year immediately before the election; Elected personally, byname; Does not lose seat if he/she changes 2. partyoraffiliation; In case of vacancy, a special election may be held 3. provided that the vacancytakesplace at least 1 year before the next election; A district representative is notpreventedfrom running again as a 4. district representative if he/she lost during the previous election;and A change in affiliation within months prior to election does not prevent a district representative fromrunningunder 5. hisnewparty. Partylist Representative Elected nationally with partylist organizations garnering at least 3%ofallvotescast for the partylist system entitled to 1 seat, which is increased according to proportional representation, but is in no way to exceed 3 seats per organization; No special residency requirement; Voted upon by party or organization. It is only when a party is entitled to representation that it designates who will sit as representative; If he/she changes party or affiliation, loses his seat, in which case he/she will be substituted by another qualified person in the party /organization based on the list submitted to the COMELEC; In case of vacancy, a substitution will be made within the party, based on the listsubmittedtothe COMELEC; A partylist representative cannot sit if he ran and lost in the previous election; and A change in affiliation within 6 months prior to election prohibits the partylist representatives from listing as

1.

Note: The term of office prescribed by the Constitution may not be extended or shortened by the legislature, but the period during which an officer actually holds the office (tenure) may be affected by circumstances within or beyond the power of said officer. Tenure may be shorter than the term or it may not exist at all. These situations willnotchangethedurationofthetermofoffice.

2.

3. 4.

Q: How can members of Congress be removed fromtheirrespectiveoffices? A:SENATORS MEMBERSOFTHE HOUSEOF REPRESENTATIVES (HoR) Expulsion by the House is with the concurrence of 2/3 of all its members. (Sec. 16, par. 3,Art.VI)

5.

Expulsion by the Senate with the concurrence of 2/3 of all its members. (Sec. 16, par. 3, Article VI)

6.

Q: Can Congress or COMELEC impose an additional qualification for candidates for senator? A: No. The Congress cannot validly amend or otherwise modify these qualification standards, asitcannotdisregard,evade,orweakentheforce of a constitutional mandate, or alter or enlarge the Constitution (Cordora v. COMELEC, G.R. No. 176947, Feb. 19, 2009; Social Justice Society v. DDB and PDEA, G.R Nos. 157870, 158633, 161658,Nov.3,2008). Q:Whatistheruleonvoluntaryrenunciationof officeforanylengthoftime? A:Itshallnotbeconsideredasaninterruptionin the continuity of his service for the full term for whichhewaselected(Sec.4,ArticleVI). HouseofRepresentatives(HoR) Q:WhatisthecompositionofHoR?

7.

6.

7.


19

UST GOLDEN NOTES 2011 representative underhisnewparty ororganization.

2.

DISTRICTREPRESENTATIVESANDQUESTIONSOF APPORTIONMENT Q:Whoaredistrictrepresentatives? A: District representatives are those who were elected from legislative districts apportioned amongtheprovinces,citiesandtheMetropolitan Manilaarea. Q:Howarelegislativedistrictsapportioned? A:Legislativedistrictsareapportionedamongthe provinces, cities, and the Metropolitan Manila area. They are apportioned in accordance with the number of their respect inhabitants and on the basis of a uniform and progressive ratio. (Section5,ArticleVI,1987Constitution) Each city with a population of at least 250,000 shall have at least one representative. Each provinceshallhaveatleastonerepresentative. Note: The question of the validity of an apportionmentlawisajusticiablequestion.(Macias v.Comelec,G.R.No.L18684,September14,1961)

Each legislative district shall comprise contiguous, compact and adjacent territory. (This condition is not absolute) Each city with a population of at least 250,000 or each province shall at least haveonerepresentative. Legislative districts shall be re apportionedbyCongresswithin3years afterthereturnofeachcensus(Senator AquinoIIIv.COMELEC,G.R.No.189793, April7,2010.

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Note: GR: There must be proportional representation according to the number of their constituents/inhabitants XPN: In one cityone representative/one province onerepresentativerule. Note: Where a town is converted to a highly urbanized city with a population of not less than 250, 000, the creation of a separate congressional district is in keeping with the one cityone representative/one provinceone representative rule. A city which has exceeded the number of 250, 000 inhabitantsisentitledtoonerepresentative.

Q:Whataretheconditionsforapportionment? A: 1. Elected from legislative districts which areapportionedinaccordancewiththe numberofinhabitantsofeachareaand on the basis of a uniform and progressiveratio: a. Uniform Every representative of Congress shall represent a territorial unit with more or less 250,000 population. All the other representatives shall have the same or nearly the same political constituency so much so that their votes will constitutethepopularmajority. b. Progressive It must respond to the change in times. The number of House representativesmustnotbesobigasto be unwieldy. (Let us say, there is a growth in population. The ratio may then be increased. From 250,000 constituents/1 representative it may be reapportioned to 300, 000 constituents/1representative).

Q:Whatisthereasonforsuchrule? A: The underlying principle behind the rule for apportionment is the concept of equality of representation which is a basic principle of republicanism. One mans vote should carry as muchweightasthevoteofeveryotherman. Note: Section 5 provides that the House shall be composed of not more than 250 members unless otherwiseprovidedbylaw.Thus,Congressitselfmay bylawincreasethecompositionoftheHR.(Tobiasv. Abalos,G.R.No.L114783,December8,1994) As such, when one of the municipalities of a congressional district is converted to a city large enough to entitle it to one legislative district, the incidental effect is the splitting of district into two. Theincidentalarisingofanewdistrictinthismanner need not be preceded by a census. (Tobias v. Abalos,G.R.No.L114783,December8,1994)

Q:Howshouldthereapportionmentbemade? A: Reapportionment can be made thru a special law. (Mariano, Jr.vs.COMELEC,G.R. No. 118577, March7,1995)

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LEGISLATIVE DEPARTMENTNote: In Montejo vs. COMELEC, it was held that while concededly the conversion of Biliran into a regularprovincebroughtaboutanimbalanceinthe distribution of voters and inhabitants in the 5 districtsofLeyte,theissueinvolvesreapportionment of legislative districts, and Petitioners remedy lies with Congress. This Court cannot itself make the reapportionment as petitioner would want. (Montejo vs. COMELEC G.R. No. 118702, March 16, 1995)

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Q:WhatisGerrymandering?Isitallowed? A: Gerrymandering is the formation of one legislative district out of separate territories for thepurposeoffavoringacandidateoraparty.It is not allowed because the Constitution provides that each district shall comprise, as far as practicable, contiguous, compact and adjacent territory (Bernas, Reviewer in Philippine Constitution,p.186) PARTYLISTSYSTEM Q:DiscussthePartyListSystem. A: Partylist representatives shall constitute 20% of the total number of representatives in the HouseofRepresentatives.(Sec.5[2],Art.VI,1987 Constitution) Partylist system is a mechanism of proportional representation in the election of representatives to the HoR from national, regional and sectoral parties or organizations or coalitions thereof registeredwiththeCOMELEC. Afreeandopenpartysystemshallbeallowedto evolveaccordingtothefreechoiceofthepeople. (Sec. 2 [5], Art. IXC, 1987 Constitution) Political parties registered under the partylist system shall be entitled to appoint poll watchers in accordance with law. (Sec. 8, Art. IXC, 1987 Constitution) Q:Discussthedifferentpartiesundertheparty listsystem A: No votes cast in favor of political party, organizationor coalitionshallbevalidexceptfor thoseregisteredunderthepartylistsystem. 1. Political party organized group of citizens advocating ideology or platform,principlesandpoliciesforthe general conduct of government and which,asthemostimmediatemeansof securing their adoption, regularly

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nominates and supports certain of its leaders and members as candidate in publicoffice(BayanMunav.COMELEC, G.R.No.147612,June28,2001) National party its constituency is spread over the geographical territory ofatleastamajorityofregions Regional party its constituency is spread over the geographical territory of at least a majority of the cities and provincescomprisingtheregion Sectoral party organized group of citizens belonging to any of the following sectors: labor, peasant, fisherfolk, urban poor, indigenous, cultural communities, elderly, handicapped, women, youth, veterans, overseas workers and professionals, whose principal advocacy pertains to the special interest and concerns of theirsectors. Sectoral Organization refers to a group of citizens who share similar physical attributes or characteristics, employment,interestorconcerns. Coalition refers to an aggregation of duly registered national, regional, sectoral parties or organizations for politicaland/orelectionpurposes.

Q:IfoneweretoanalyzetheConstitutionaland statutoryexamplesofqualifiedparties,itshould beevidentthattheyrepresentwhatclasses? A:Broad Definition Working Class *Narrow Definition Labor SpecificallyDefined Groups Carpenters,security guards,microchip factoryworkers, barbers,tricycledrivers Informalsettlers,the jobless,persons displacedbydomestic wars Workingwomen, batteredwomen, victimsofslavery Deafanddumb,the blind,peopleon wheelchairs(Separate OpinionofJustice Abad,AngLadladLGBT Partyv.COMELEC,G.R.

Economically Deprived

Urban Poor

The Vulnerable Work Impaired

Women

Handi Capped


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UST GOLDEN NOTES 2011 No.190582,Apr. 8, 2010) Note:Obviously,thelevelofrepresentationdesired byboththeConstitutionandR.A.7941fortheparty list system is the second, the narrow definition of thesectorthatthelawregardsas"marginalizedand underrepresented."Theimplicationofthisisthat,if any of the subgroupings (the carpenters, the securityguards,themicrochipsfactoryworkers,the barbers, the tricycle drivers in the example) within the sector desires to apply for accreditation as a partylist group, it must compete with other sub groups forthe seat allotted to the "labor sector" in the House of Representatives. This is the apparent intent of the Constitution and the law. (Separate Opinion of Justice Abad, Ang Ladlad LGBT Party v. COMELEC,G.R.No.190582,Apr.8,2010)

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Except for matters the COMELEC can take judicial notice of, the party applying for accreditation must prove its claims by clear and convincing evidence. (Separate Opinion of Justice Abad, Ang Ladlad LGBT Party v. COMELEC, G.R. No. 190582, Apr. 8, 2010)

Q:Whatgroupsaredisqualifiedforregistration? A: 1. Religiousdenominationsorsects. 2. Those who seek to achieve their goals throughviolenceorunlawfulmeans. 3. Thosewhorefusetoupholdandadhere totheConstitution;and 4. Those supported by foreign governments(AngBagongBayaniOFW Labor Party, v. COMELEC, G.R. No. 147589,June25,2003) Q: In sum, what are the requirements for a grouptoqualifyforsectoralpartyaccreditation? A: 1. The applying party must show that it represents the "marginalized and underrepresented," exemplified by the working class, the service class, the economically deprived, the social outcasts, the vulnerable, the work impaired, or some such similar class of persons. 2. The applying party should be characterized by a shared advocacy for genuine issues affecting basic human rights as these apply to the sector it represents. 3. The applying party must share the cause of their sector, narrowly defined as shown above. If such party is a sub group within that sector, it must compete with other subgroups for the seatallocatedtotheirsector. 4. The members of the party seeking accreditation must have an inherent regionalornationalpresence.

Q: Has the Ang Ladlad PartyList amply proved thatitmeetstherequirementsforsectoralparty accreditation? A:Yes.Theirmembersareinthevulnerableclass like the women and the youth. Ang Ladlad representsanarrowdefinitionofitsclass(LGBTs) ratherthanaconcreteandspecificdefinitionofa subgroup within the class (group of gay beauticians, for example). The people that Ang Ladlad seeks to represent have a national presence.(SeparateOpinionofJusticeAbad,Ang LadladLGBTPartyv.COMELEC,G.R.No.190582, Apr.8,2010) Q:Whatarethegroundsforthecancellationof registration? A: 1. Accepting financial contributions from foreigngovernmentsoragencies;and 2. Failure to obtain at least 10% of the votes casts in the constituency where the party fielded candidates. (Ang Bagong BayaniOFW Labor Party, v. COMELEC, G.R. No. 147589, June 25, 2003) Q: Can major political parties participate in the partylistelections? A: No. It is not open to all but only to the marginalizedandtheunderrepresented.Allowing all individuals and groups, including those which nowdominatedistrictelections,tohavethesame opportunity to participate in the partylist electionswoulddesecratethisloftyobjectiveand mongrelize the social justice mechanism into an atrocious veneer for traditional politics. (Ang Bagong BayaniOFW Labor Party v. COMELEC, G.R.No.147589,June26,2001)

Q:Whoshallbevoted? A: The registered national, regional or sectoral partylist groups or organizations and not their candidates. Q:Whoareelectedintooffice?

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LEGISLATIVE DEPARTMENTA: It is the partylist representatives who are elected into office, not their parties or organizations. These representatives are elected, however, through that peculiar partylist system that the Constitution authorized and that Congress by law established where the voters casttheirvotesfortheorganizationsorpartiesto which such partylist representatives belong. (Abayonv.HRET,G.R.No.189466,Feb.11,2010) Q: What are the qualifications of partylist nominees? A: 1. NaturalborncitizenofthePhilippines 2. Registeredvoter 3. ResidentofthePhilippinesforatleast1 year immediately preceding the day of theelection 4. Abletoreadandwrite 5. Bona fide member of the party or organization which he seeks to represent at least 90 days preceding electionday 6. Atleast25yearsofage.(notmorethan 30 years old for nominees for youth sector) Note: There is absolutely nothing in R.A. 7941 that prohibits COMELEC from disclosing or even publishing through mediums other than the CertifiedListthenamesofthepartylistnominees. As may be noted, no national security or like concerns is involved in the disclosure of the names ofthepartylistgroupsinquestion(BantayRA7941 v.COMELEC,G.R.No.177271;G.R.No.177314,May 4,2007)

Q:DoestheConstitutionprecludeCongressfrom increasingitsmembership? A: The Constitution does not preclude Congress fromincreasingitsmembershipbypassingalaw, otherthanageneralreapportionmentlaw.Thus, a law converting a municipality into a highly urbanized city automatically creates a new legislativedistrict,andconsequentlyincreasesthe membership of the HoR (Mariano v. COMELEC, G.RNo.118577,Mar.7,1995). Q: What is the formula mandated by the Constitution in determining the number of partylistrepresentatives? A: The House of Representatives shall be composedofnotmorethan250members,unless otherwisefixedbylaw.(Section5[1],ArticleVIof the1987Constitution). The number of seats available to partylist representativesisbasedonthe:Ratioofpartylist representatives to the total number of representatives. Accordingly, we compute the number of seats available to partylist representatives from the numberoflegislativedistricts. Number of seats available Numberof to legislative x0.20= seats districts availableto 0.80 partylist representatives

Q:Whatistheeffectofchangeofaffiliationany partylistrepresentative? A: Any elected partylist representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat; provided that if he changes his political party or sectoral affiliation within 6 months before an election,heshallnotbeeligiblefornominationas partylist representative under his new party or organization (Amores v. HRET, G.R. No. 189600, June29,2010). Note: In case of vacancy in the seat reserved for partylist representatives, the vacancy shall be automatically filledby the nextrepresentative from the list of nominees in the order submitted to the COMELEC by the same party, organization or coalition,whoshallservefortheunexpiredterm.If the list is exhausted, the party, organization or coalition concerned shall submit additional nominees.

This formula allows for the corresponding increase in the number of seats available for partylist representatives whenever a legislative districtiscreatedbylaw. Afterprescribingtheratioofthenumberofparty list representatives to the total number of representatives,theConstitutionleftthemanner of allocating the seats available to partylist representativesto the wisdom of the legislature. (BANAT v. COMELEC, G.R. No. 179271, April 21, 2009) Q: How shall the partylist representative seats beallocated? A:Indeterminingtheallocationofseatsforparty list representatives under Section 11 of R.A. No. 7941,thefollowingprocedureshallbeobserved:


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UST GOLDEN NOTES 2011 1. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during theelections. The parties, organizations, and coalitions receiving at least 2% of the totalvotescastforthepartylistsystem shallbeentitledtooneguaranteedseat each. Those garnering sufficient number of votes, according to the ranking in paragraph 1, shall be entitled to additional seats in proportion to their total number of votes until all the additionalseatsareallocated. Each party, organization, or coalition shall be entitled to not more than 3 seats. A: Legislators are privileged from arrest while Congress is in session with respect to offenses punishablebyupto6yearsofimprisonment. Q: What is the purpose of parliamentary immunities? A:Itisnotforthebenefitoftheofficials;rather,it istoprotectandsupporttherightsofthepeople by ensuring that their representatives are doing their jobs according to the dictates of their conscience. It is indispensable no matter how powerfulthe

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