The rule also is that the constitutional requirement as to the title of a bill should not be so narrowly construed as to cripple

or impede the power of legislation. 4 It should be given Tio v Videogram Regulatory Board G.R. No. L-75697 June 18, 1987 Facts: 1. Petitioner on his own behalf and purportedly on behalf of other videogram operators adversely affected assailed the constitutionality of PD 1987 entitled "An Act Creating the Videogram Regulatory Board" with broad powers to regulate and supervise the videogram industry. The Decree promulgated on October 5, 1985, took effect on April 10, 1986, fifteen (15) days after completion of its publication in the Official Gazette. The foregoing provision is allied and germane to, and is reasonably necessary for the 2. On November 5, 1985, a month after the promulgation of the decree, PD 1994 amended the NIRC. Petitioner's contended that the tax provision of the decree is a rider. ISSUE: Whether or not the PD 1987 is unconstitutional PD 1987 constitutional. The Constitutional requirement that "every bill shall embrace only one subject which shall be expressed in the title thereof" is sufficiently complied with if the title be comprehensive enough to include the general purpose which a statute seeks to achieve. It is not necessary that the title express each and every end that the statute wishes to accomplish. The requirement is satisfied if all the parts of the statute are related, and are germane to the subject matter expressed in the title, or as long as they are not inconsistent with or foreign to the general subject and title. An act having a single general subject, indicated in the title, may contain any number of provisions, no matter how diverse they may be, so long as they are not inconsistent with or foreign to the general subject, and may be considered in furtherance of such subject by providing for the method and means of carrying out the general object." 2. The foregoing provision is allied and germane to, and is reasonably necessary for the accomplishment of, the general object of the decree, which is the regulation of the video industry through the VRB as expressed in its title. The tax provision is not inconsistent with nor foreign to the general subject and title. As a tool for regulation it is simply one of the
1

practical rather than technical construction. Tested by the foregoing criteria, petitioner's contention that the tax provision of the DECREE is a rider is without merit. That section reads, inter alia: Section 10. Tax on Sale, Lease or Disposition of Videograms. xxx xxx xxx

accomplishment of, the general object of the DECREE, which is the regulation of the video industry through the Videogram Regulatory Board as expressed in its title. The tax provision is not inconsistent with, nor foreign to that general subject and title. As a tool for regulation, it is simply one of the regulatory and control mechanisms scattered throughout the DECREE. The express purpose of the DECREE to include taxation of the video industry in order to regulate and rationalize the heretofore uncontrolled distribution of videograms is evident from Preambles 2 and 5, supra. Those preambles explain the motives of the lawmaker in presenting the measure. The title of the DECREE, which is the creation of the Videogram Regulatory Board, is comprehensive enough to include the purposes expressed in its Preamble and reasonably covers all its provisions. It is unnecessary to express all those objectives in the title or that the latter be an index to the body of the DECREE. 7 1. The title of the decree, which calls for the creation of the VRB is comprehensive enough to include the purposes expressed in its Preamble and reasonably covered all its provisions. It is unnecessary to express all those objectives in the title or that the latter be an index to the body of the decree.

regulatory and control mechanisms scattered throughout the decree.3. The express purpose of PD 1987 to include taxation of the video industry in order to regulate and rationalize the heretofore uncontrolled distribution of videos is evident from Preambles 2 and 5. Those preambles explain the motives of the lawmaker in presenting the measure.

2

G.R. No. L-28089

October 25, 1967

Second. The title of the bill is to be couched in a language sufficient to notify the legislators and the public and those concerned of the import of the single subject

BARA LIDASAN, petitioner, vs. COMMISSION ON ELECTIONS, respondent. Facts: 1. Lidasan, a resident and taxpayer of the detached portion of Parang, Cotabato, and a

thereof. Of relevance here is the second directive. The subject of the statute must be "expressed in the title" of the bill. This constitutional requirement "breathes the spirit of command." Compliance is imperative, given the fact that the Constitution does not exact of Congress the obligation to read during its deliberations the entire text of the bill. In fact, in the case of House Bill 1247, which became RA 4790, only its title was read from its introduction to its final approval in the House where the bill, being of local application, originated. 2. The Constitution does not require Congress to employ in the title of an enactment, language of such precision as to mirror, fully index or catalogue all the contents and the minute details therein. It suffices if the title should serve the purpose of the constitutional demand that it inform the legislators, the persons interested in the subject of the bill, and

qualified voter for the 1967 elections assails the constitutionality of RA 4790 and petitioned that Comelec's resolutions implementing the same for electoral purposes be nullified. Under RA 4790, 12 barrios in two municipalities in the province of Cotabato are transferred to the province of Lanao del Sur. This brought about a change in the boundaries of the two provinces. 2. Apprised of this development, the Office of the President, recommended to Comelec that the operation of the statute be suspended until "clarified by correcting legislation." 3. Comelec, by resolution declared that the statute should be implemented unless declared unconstitutional by the Supreme Court. ISSUE: Whether or not RA 4790, which is entitled "An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur", but which includes barrios located in another province — Cotabato is unconstitutional for embracing more than one subject in the title YES. RA 4790 is null and void 1. The constitutional provision contains dual limitations upon legislative power.

the public, of the nature, scope and consequences of the proposed law and its operation. And this, to lead them to inquire into the body of the bill, study and discuss the same, take appropriate action thereon, and, thus, prevent surprise or fraud upon the legislators. 3. The test of the sufficiency of a title is whether or not it is misleading; and, which technical accuracy is not essential, and the subject need not be stated in express terms where it is clearly inferable from the details set forth, a title which is so uncertain that the average person reading it would not be informed of the purpose of the enactment or put on inquiry as to its contents, or which is misleading, either in referring to or indicating one subject where another or different one is really embraced in the act, or in omitting any expression or indication of the real subject or scope of the act, is bad. 4. The title — "An Act Creating the Municipality of Dianaton, in the Province of Lanao del

First. Congress is to refrain from conglomeration, under one statute, of heterogeneous subjects.

Sur" — projects the impression that only the province of Lanao del Sur is affected by the creation of Dianaton. Not the slightest intimation is there that communities in the adjacent province of Cotabato are incorporated in this new Lanao del Sur town. The phrase "in the Province of Lanao del Sur," read without subtlety or contortion, makes the title misleading, deceptive.
3

For, the known fact is that the legislation has a two-pronged purpose combined in one statute: (1) it creates the municipality of Dianaton purportedly from twenty-one barrios in the towns of Butig and Balabagan, both in the province of Lanao del Sur; and (2) it also dismembers two municipalities in Cotabato, a province different from Lanao del Sur. 5. Finally, the title did not inform the members of Congress the full impact of the law. One, it did not apprise the people in the towns of Buldon and Parang in Cotabato and in the province of Cotabato itself that part of their territory is being taken away from their towns and province and added to the adjacent Province of Lanao del Sur. Two, it kept the public in the dark as to what towns and provinces were actually affected by the bill.

4

billiard pools. the first section was amended to include not merely "the power to regulate. 2. as was done by the Municipality of Bocaue. cockpits. as amended. It was not changed one bit. but likewise "Prohibit . No. Maintenance and Operation of Certain Places of Amusement within Their Respective Territorial Jurisdictions. It undoubtly involves a measure not embraced within the regulatory power but an exercise of an assumed power to prohibit. "The municipal or city board or council of each chartered city shall have the power to regulate by ordinance the establishment. 1983 NO. tainted with nullity.. occupation or calling. pavilions. 3. . They may be regulated. Petitioners at the same time alleging that their rights to due process and equal protection of the laws were violated as the licenses previously given to them was in effect withdrawn without judicial hearing. Petitioners contended that the ordinance is invalid. the operation of a night club was prohibited. 3.R. It is worded exactly as RA 938. maintenance and operation of night clubs. not prohibition. cabarets. As thus amended. not prohibiting. 1. a municipal council may go as far as to prohibit the operation of night clubs. if only the said portion of the Act was considered. bowling alleys. "Since there is no dispute as the title limits the power to regulating. The Constitution mandates: "Every bill shall embrace only one subject which shall be Facts: 1. the municipality being devoid of power to prohibit a lawful business. it would result in the statute being invalid if. and improve the morals. such competence extending to all "the great public needs. Herein what was involved is a measure not embraced within the regulatory power but an exercise of an assumed power to prohibit.. L-42571-72 July 25. remained the same. in the language of the Administrative Code. 2. The power granted remains that of regulation. promote the prosperity. but not prevented from carrying on their business. RA 938. bars. 1953. Assailed was the validity of an ordinance which prohibit the operation of night clubs. it is clear that municipal corporations cannot prohibit the operation of night clubs.Dela Cruz v Paras G. The title was not in any way altered. " The title. It is unconstitutional. It is entitled: "An Act Granting Municipal or City Boards and Councils the Power to Regulate the Establishments. dancing schools. saloons. ISSUE: Whether or not the ordinance is valid 5 expressed in the title thereof. Under the Local Govt Code.' The first section reads. The exact wording was followed. and other similar places of amusement within its territorial jurisdiction: On May 21. There is a wide gap between the exercise of a regulatory power "to provide for the health and safety. 1954. was originally enacted on June 20. however.

namely: (1) the conversion of Mandaluyong into a highly urbanized city. since Section 49 treats of a subject distinct from that stated in the title of the law. GUZMAN. Comelec (21 SCRA 496 [1967]). CITY TREASURER WILLIAM MARCELINO. Moreover. A plebiscite was held for the people of Mandaluyong whether or not they approved of the said conversion. TOBIAS." The liberal construction of the "one title-one subject" rule had been further elucidated in Lidasan v. GREGORIO D. language of such precision as to mirror. No. Mandaluyong and San Juan belonged to only one legislative district. the title of R. scope and consequences of the proposed law and its operation" (emphasis supplied). ISSUE: Whether or not the ratification of RA7675 was unconstitutional citing Article VI 26(1) HELD/RULING: enactment. in Sumulong v.R. Thus.41% of the said conversion. 288 [1941]). Section 26(1). 7675. TOBIAS. No.621 voted “yes” whereas “7. Petitioners allege that the inclusion of the assailed Section 49 in the subject law resulted in the latter embracing two principal subjects. a liberal construction of the "one title-one subject" rule has been invariably adopted by this court so as not to cripple or impede legislation. the Constitution does not require Congress to employ in the title of an Petitioners contend that the second aforestated subject is not germane to the subject matter of R.A. Nevertheless. as expressed in the title of the law. It should be sufficient compliance with such requirement if the title expresses the general subject and all the provisions are germane to that general subject. 7675 since the said law treats of the conversion of Mandaluyong into a highly urbanized city. fully index or catalogue all the contents and the minute details therein. vs. GABRIEL. all of the City of Mandaluyong. 6 . 1994 ROBERT V. respondents. 7675 also known as “An Act Converting the Municipality of Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong” . CITY MAYOR BENJAMIN S. JR. The plebiscite was only 14. L-114783 December 8. It suffices if the title should serve the purpose of the constitutional demand that it inform the legislators. the persons interested in the subject of the bill and the public. petitioners. No. and ROBERTO R. RAMON M.A. to wit: Of course. we ruled that the constitutional requirement as now expressed in Article VI. ABALOS. Verily. the creation of a separate congressional district for Mandaluyong is not a subject separate and distinct from the subject of its conversion into a highly urbanized city but is a natural and logical consequence of its conversion into a highly urbanized city.G. Section 26(1) "should be given a practical rather than a technical construction. the "one subject-one bill" rule has not been complied with. 18. Comelec (73 Phil. of the nature. FACTS: Prior to Republic Act No. "An Act Converting the Municipality of Mandaluyong Into a Highly Urbanized City of Mandaluyong" necessarily includes and contemplates the subject treated under Section 49 regarding the creation of a separate congressional district for Mandaluyong. and (2) the division of the congressional district of San Juan/Mandaluyong into two separate districts. Metro Manila. LIM. and THE SANGGUNIANG PANLUNGSOD. HON. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. TERRY T. Contrary to petitioners' assertion. Therefore. 911” voted “no”..

No.P. M. CAGAS. MANUEL ALBA in his capacity as the MINISTER OF THE BUDGET and VICTOR MACALINGCAG in his capacity as the TREASURER OF THE PHILIPPINES. and as taxpayers whose vital interests may be affected by the outcome of the reliefs 2.. M.P.R. or office included in the General Appropriations Act or approved after its enactment.. M.” .P. M. CIRIACO R. 1177. vs. Paragraph 1 of Section 44 of Presidential Decree No.. to any program. ALBERTO G. 7 . project or activity of any department. respondents. M. .P. 71977 February 27..it amounts to undue delegation of legislative powers on the transfer of funds by the President and the implementation thereof by the Budget Minister and the Treasurer are without or in excess of their authority and jurisdiction .P. and the heads of constitutional commissions may by law be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.P.P. appropriated for the different departments. HONORATO Y. and ROGELIO V. VICTOR S.. the Chief Justice of the Supreme Court.P.P. M. M. HON.P. DOUGLAS R. the President. the Prime Minister. bureau. FACTS 1.Section 16(5) Article VIII reads as follows: “No law shall be passed authorizing any transfer of appropriations. bureaus. M. REAL. which are included in the General Appropriations Act.P. MARCIAL. 1177. SANTOS. ISIDORO E. petitioners. grounds: . AUGUSTO S. 2.It infringes upon the fundamental law by authorizing the illegal transfer of public moneys . DEMETRIA.. MARCELLANA. ISSUE: WON the Paragraph 1 of Section 44 of Presidential Decree No.Requirements as to certain laws .P. ” . GARCIA. RESPICIO. M.... ROLANDO C. EMIGDIO L. M.Prohibition to transfer was explicit and categorical. AQUINO.Paragraph 1 of Section 44 provides: “The President shall have the authority to transfer any fund.. ROMULO. M.It is repugnant to the constitution as it fails to specify the objectives and purposes for which the proposed transfer of funds are to be made . M. M.Appropriation laws G. ZIGA. SANCHEZ. 1987 DEMETRIO G. LINGAD.The threatened and continuing transfer of funds by the president and the implementation thereof by the budget minister and the treasurer of the Philippines are without or in excess of their authority and jurisdiction. M. offices and agencies of the Executive Department... . YES. otherwise known as the “Budget Reform Decree of 1977” on the ff. as members of the National Assembly/Batasan Pambansa representing their millions of constituents. form and procedure prescribed by the Constitution in approving appropriations the Constitution provided a leeway in which the purpose and condition for which funds may be transferred were specified. MERCADO. 1177 is unconstitutional.. the Speaker.P. being repugnant to Section 16(5) Article VIII of the 1973 Constitution is null and void.P. ZAFIRO L. ALFELOR. however. PEDRO M.) Petitioners assailed the constitutionality of the first paragraph of Section 44 of Presidential Decree No. For flexibility in the use of public funds.. ORLANDO S.) Petitioners filed as concerned citizens of the country. M.. OSCAR F.It allows the President to override the safeguards. as parties with general interest common to all the people of the Philippines .P.

office or agency of the Executive Department.The constitution allows the enactment of a law authorizing the transfer of funds for the purpose of augmenting an item from savings in another item in the appropriation of the government branch or constitutional body concerned .Paragraph 1 of Section 44 unduly over-extends the privilege granted under Section 16(5). or whether or not the transfer is for the purpose of augmenting the item to which the transfer is to be made. or office included in the General Appropriations Act or approved after its enactment. and empowers the President to indiscriminately transfer funds from one department. . to any program. bureau. amounting to an undue delegation of legislative power 8 . without regard to whether or not the funds to be transferred are savings. which are included in the General Appropriations Act. project or activity of any department.It completely disregards the standards set in the fundamental law. bureau..

entitled “Amending Certain Provisions of Republic Act Numbered Four Thousand Eight Hundred Sixty. entitled “Revising the Budget Process in Order to Institutionalize the Budgetary Innovations of the New Society.G. GUILLERMO CARAGUE. The petition also seeks to restrain the disbursement for debt service under the 1990 budget pursuant to said decrees. while the appropriations for the Department of Education. CAJUCOM in her capacity as National Treasurer and COMMISSION ON AUDIT. No. interest. credits or indebtedness. No. In other words. No. No. 1967 is that the amount needed should be automatically set aside in order to enable the Republic of the Philippines to pay the principal. No. such as a general appropriations act or in special provisions of laws of general or special application which appropriate public funds for specific public purposes. Culture and Sports amount to P27. the amounts nevertheless are made certain by the legislative parameters provided in the decrees. and AQUILINO Q. 4860. in terms of time horizons. 1177. The Congressional authorization may be embodied in annual laws. entitled “An Act Strengthening the Guarantee and Payment Positions of the Republic of the Philippines on Its Contingent Liabilities Arising out of Relent and Guaranteed Loan by Appropriating Funds For The Purpose.5 Billion. Issue: Is the appropriation of P86 billion in the P233 billion 1990 budget violative of Section 29(1). such as the questioned decrees. Article VI of the Constitution? Held: No.D. The Executive is not of unlimited discretion as to the amounts to be disbursed for debt servicing. 272). or on the bonds. An appropriation measure is sufficient if the legislative intention clearly and certainly appears from the language employed (In re Continuing Appropriations. taxes and other normal banking charges on the loans. in his capacity as Secretary. 6831 . as amended. Facts: The 1990 budget consists of P98. No. JR. This is a case of first impression whereby petitioners question the constitutionality of the automatic appropriation for debt service in the 1990 budget. HON. 1967.4 Billion in automatic appropriation (with P86.A. as Amended (Re: Foreign Borrowing Act). GUINGONA. interest. just as said appropriation may be made in general as well as in specific terms. 94571 April 22. Sections 31 of P. 81. The legislative intention in R.D.D. The Court finds that in this case the questioned laws are complete in all their essential terms and conditions and sufficient standards are indicated therein.” and by P.813. debentures or security or other evidences of 9 .D. No. There is no provision in our Constitution that provides or prescribes any particular form of words or religious recitals in which an authorization or appropriation by Congress shall be made.” by P.D. HON. Budget & Management. The said automatic appropriation for debt service is authorized by P. vs. PIMENTEL. The mandate is to pay only the principal. respondents.D. 32 P. 1967. or a total of P233. necessitated by the very nature of the problem being addressed.3 Billion appropriated under Republic Act No.” such as precisely the authorization or appropriation under the questioned presidential decrees. otherwise known as the General Appropriations Act.017. credits or indebtedness incurred as guaranteed by it when they shall become due without the need to enact a separate law appropriating funds therefor as the need arises. petitioners. The petitioner seek the declaration of the unconstitutionality of P. 1177 and P.. except that it be “made by law. whether in the past or in the present. JR.00.D.D. 1991 TEOFISTO T.000. No. ROZALINA S. and P. an appropriation may be made impliedly (as by past but subsisting legislations) as well as expressly for the current fiscal year (as by enactment of laws by the present Congress). taxes and other normal banking charges on the loans.8 Billion for debt service) and P155. Although the subject presidential decrees do not state specific amounts to be paid.R. No. 1177. The purpose of these laws is to enable the government to make prompt payment and/or advances for all loans to protect and maintain the credit standing of the country. 81. Section 31 of P.

to provide an appropriation. as and when they shall become due. if in the process Congress appropriated an amount for debt service bigger than the share allocated to education. No uncertainty arises in executive implementation as the limit will be the exact amounts as shown by the books of the Treasury. that can reasonably service our enormous debt. It is not only a matter of honor and to protect the credit standing of the country. the Court finds and so holds that said appropriation cannot be thereby assailed as unconstitutional. Having faithfully complied therewith." it does not thereby follow that the hands of Congress are so hamstrung as to deprive it the power to respond to the imperatives of the national interest and for the attainment of other state policies or objectives.indebtedness sold in international markets incurred by virtue of the law. the greater portion of which was inherited from the previous administration. guided only by its good judgment. Congress is certainly not without any power. More especially. the very survival of our economy is at stake. ** While it is true that under Section 5(5). 10 . Thus. Article XIV of the Constitution Congress is mandated to "assign the highest budgetary priority to education" in order to "insure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

Vetoed. w/o vetoing the entire appropriation for debt service. w/o vetoing the entire appropriation. EXEQUIEL B. as Secretary of Budget and Management.) The veto of the President of the Special provision of Art XLVIII of the GAA of 1994. Special Provision on Use of Savings for AFP Pensions – allows Chief of Staff to augment pension funds through the use of savings. Vetoed by the Pres. and if it does that. GARCIA and A. Special Provision on Revolving Funds for SCU’s – said provision allows for the use of income & creation of revolving fund for SCU’s. It is the so-called legislative veto. 1994 PHILIPPINE CONSTITUTION ASSOCIATION. Other SCU’s enjoying the privilege do so by existing law. HON. SALVADOR ENRIQUEZ. 3. Pres. It is not an inappropriate provision. the Sec of Dept of Budget and Management and the National Treasurer and questions: 1. VETO VALID. No. 1994. only the President may exercise such power pursuant to a specific law.) Constitutionality of the conditions imposed by the President in the items of the GAA of 1994 and 2. merely acted in pursuance to existing law. The said provisions are germane to & have direct relation w/ debt service. A provision in an appropriation act cannot be used to repeal/amend existing laws. ISSUE: Whether or not the veto of the president on four special provisions is constitutional and valid? HELD: Congress required before release of modernization funds.) Art 16 on the Countrywide Development Fund and b. Special Provision on Conditions for de-activation of CAFGU’s – use of special fund for the compensation of the said CAFGU’s. – AFP modernization. 25. 6. VETO VALID. Provision for Western Visayas State Univ. Vetoed by the Pres.R. petitioners. VETO VOID. VETO VOID. VICENTE T. It is a lso an amendment to existing law (PD No. 5. vs. VETO VALID.) the constitutionality of the veto of the special provision in the appropriation for debt services. VETO VALID. HON. prohibition and mandamus against the Exec. TAN. Special Provision on Debt Ceiling – Congress provided for a debt-ceiling. Art 7 of the Constitution. 4. GONZALES. 113105 August 19. respondents. Any provision blocking an administrative action in implementing a law or requiring legislative approval must be subject of a separate law. as National Treasurer and COMMISSION ON AUDIT. 10900. it is not alien to the subj. 2. Special Provision on Road Maintenance – Congress specified 30% ratio for works for maintenance of roads be contracted according to guidelines set forth by DPWH. Congress cannot include in a general appropriations bill matters that should be more properly enacted in separate legislation.G. FACTS: RA 7663 (former House bill No. Secretary. 6758). 16 members of the Senate sought the issuance of writs of certiorari. the inappropriate provisions 11 . prior approval of PhilConsA prayed for a writ of prohibition to declare unconstitutional and void a. President requires his prior approval. Petitioners assail the special provision allowing a member of Congress to realign his allocation for operational expenses to any other expense category claiming that it violates Sec. According to the Constitution. Special Provision on Purchase of Military Equip. They are appropriate provisions & cannot be vetoed w/o vetoing the entire item/appropriation. Properly vetoed. and for other Purposes” was approved by the President and vetoed some of the provisions. of road maintenance & cannot be veoted w/o vetoing the entire appropriation. & Leyte State Colleges vetoed by Pres. 1597 & RA No. the General Appropriations Bill of 1994) entitled “An Act Appropriating Funds for the Operation of the Government of the Philippines from January 1 to December 1. 1.

The exception to the general veto power is the power given to the President to veto any particular item or items in a general appropriations bill (1987 Constitution. The burden shifts on those questioning the validity thereof to show that its use is a violation of the Constitution. Under his general veto power. Also to be included in the category of "inappropriate provisions" are unconstitutional provisions and provisions which are intended to amend other laws. the President must veto the entire item. The veto power. or which extends in its operation beyond an item of appropriation." it follows that any provision which does not relate to any particular item. VI.438.00 appropriated in the General Appropriations Act of 1991. Sec. not merely parts thereof (1987 Constitution. That is why it is found in Article VI on the Legislative Department rather than in Article VII on the Executive Department in the Constitution. There is. pp. therefore. 3-7). A general appropriations bill is a special type of legislation. is considered "an inappropriate provision" which can be vetoed separately from an item. is an "inappropriate" provision referring to funds other than the P86. sound basis to indulge in the presumption of validity of a veto. Art. while exercisable by the President. 27[1]). which can be vetoed by the President in the exercise of his item-veto power.000. In so doing. VI. whose content is limited to specified sums of money dedicated to a specific purpose or a separate fiscal As the Constitution is explicit that the provision which Congress can include in an appropriations bill must "relate specifically to some particular appropriation therein" and "be limited in its operation to the appropriation to which it relates. Art. 27[2]). the President has to veto the entire bill. 12 .inserted by it must be treated as "item". is actually a part of the legislative process (Memorandum of Justice Irene Cortes as Amicus Curiae.323. It is readily apparent that the Special Provision applicable to the appropriation for debt service insofar as it refers to funds in excess of the amount appropriated in the bill. Sec. because clearly these kind of laws have no place in an appropriations bill.

" taking into Consideration . 1630 did not pass 3 readings as required by the Constitution. so long as action by the Senate as a body is withheld pending receipt of the House bill. private bills and bills of local application must come from the House of Representatives on the theory that. 1630. 13 Representatives. what the Constitution simply means is that the initiative for filing revenue. To begin with. On the other hand. revenue or tariff bills. 24 of the Constitution will not bear analysis. No. No. RA 7716 seeks to widen the tax base of the existing VAT system and enhance its administration by amending the National Internal Revenue Code. respondents. VI.S. bills authorizing an increase of the public debt. of its receipt of the bill from the House. petitioner. All appropriation. Sec. Art. Sec. §7. because it is in fact the result of the consolidation of 2 distinct bills. THE SECRETARY OF FINANCE and THE COMMISSIONER OF INTERNAL REVENUE. I. and private bills shall originate . with regard to revenue bills. 1630 is instead enacted as a substitute measure. There are various suits challenging the constitutionality of RA 7716 on various grounds. amendment by substitution a mere matter of form. Indeed. One contention is that There is also a contention that S. shall originate exclusively in the House of Representatives. VI. No. . 115455 October 30. TOLENTINO. 24 of the Constitution. Petitioner has not shown what substantial difference it would make if. Secs. bills authorizing increase of the public debt. 11197 and S. The enactment of S.B. VI. 11197. VI. a separate bill like S. revenue or tariff bills. §24 of our Constitution reads: All appropriation. but the Senate may propose or concur with amendments. but the Senate may propose or concur with amendments as on other Bills. Nor does the Constitution prohibit the filing in the Senate of a substitute bill in anticipation Facts: The value-added tax (VAT) is levied on the sale. bills of local application. . the members of the House can be expected to be more sensitive to the local RA 7716 did not originate exclusively in the House of Representatives as required by Art. 1 of the U. and private bills. elected as they are from the districts. bills authorizing increase of the public debt. H. it is not the law but the revenue bill which is required by the Constitution to originate exclusively in the House of Representatives. cl. No. 1995 ARTURO M. needs and problems. H.R. bills of local application. as the Senate actually did in this case.TAX LAWS G. vs. No. 24 of the Constitution Held: Article VI Section 24. To insist that a revenue statute and not only the bill which initiated the legislative process culminating in the enactment of the law must substantially be the same as the House bill would be to deny the Senate’s power not only to concur with amendments but also to propose amendments. the Philippine Senate Art. barter or exchange of goods and properties as well as on the sale or exchange of services. 1630 is not the only instance in which the Senate proposed an amendment to a House revenue bill by enacting its own version of a revenue bill." Nor is there merit in petitioners' contention that. Constitution reads: All Bills for raising Revenue shall originate in the House of The argument that RA 7716 did not originate exclusively in the House of Representatives as required by Art. No. Issue: Whether or not RA 7716 violates Art. tariff or tax bills.

and private bills must "originate exclusively in the House of Representatives. As to what Presidential certification can accomplish. and the vote thereon shall be taken immediately thereafter. while Art. the members of the Senate (including some of the petitioners in these cases) (3) to make and endorse an entirely new bill as a substitute. in which case it will be known as a committee bill. VI." it also adds. §26 (2) of the present Constitution. because revenue bills are required to originate exclusively in the House of Representatives. VI. This provision of the 1973 document." There is not only textual support for such construction but historical basis as well. and printed copies thereof in its final form have been distributed to its Members three days before its passage. The President's certification. and the yeas and nays entered in the Journal. believed that there was an urgent need for consideration of S. but the Senate may propose or concur with amendments." In the exercise of this power. VI. After a revenue bill is passed and sent over to it by the House. thus: (2) No bill passed by either House shall become a law unless it has passed three readings on In sum. §26 (2) qualifies not only the requirement that "printed copies [of a bill] in its final form [must be] distributed to the members three days before its passage" but also the requirement that before a bill can become a law it must have passed "three readings on separate days. §24 provides that all appropriation. the Senate can practically re-write a bill required to come from the House and leave only a trace of the original bill. with slight modification. Apparently. except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. no amendment thereto shall be allowed. was adopted in Art.exclusively in the House of Representatives. It would seem that by virtue of this power. The power of the Senate to propose or concur with amendments is apparently without restriction. The exception is based on the prudential consideration that if in all cases three readings on (1) to endorse the bill without changes (2) to make changes in the bill omitting or adding sections or altering its language. or (4) to make no report at all. separate days are required and a bill has to be printed in final form before it can be passed." in Art. however. the Senate may propose an entirely new bill as a substitute measure. because they responded to the call of the President by voting on the bill on second and third readings on the same day. the need for a law may be rendered academic by the occurrence of the very emergency or public calamity which it is meant to address. III. 1630. plenary and complete "as on other Bills. the Senate cannot enact revenue measures of its own without such bills. The purpose for which three readings on separate days is required is said to be two-fold: *** (1) to inform the members of Congress of what they must vote on and 14 . etc. a committee to which a bill is referred may do any of the following: separate days. we have already explained in the main The power of the Senate to propose amendments must be understood to be full. the Senate certainly can pass its own version on the same subject matter. " but the Senate may propose or concur with amendments. Upon the last reading of a bill. As petitioner Tolentino states in a high school text. No. bills of local application. decision that the phrase "except when the President certifies to the necessity of its immediate enactment. This follows from the coequality of the two chambers of Congress." Thus. revenue or tariff bills. bills authorizing increase of the public debt.

These purposes were substantially achieved in the case of R. (1 J.A. SUTHERLAND. thus enabling them and others interested in the measure to prepare their positions with reference to it.(2) to give them notice that a measure is progressing through the enacting process. No. 7716. 282 (1972)). 15 . G. p. STATUTES AND STATUTORY CONSTRUCTION §10.04.

after due hearing. that character LUNG CENTER OF THE PHILIPPINES. exempt from real property tax? IN LIGHT OF ALL THE FOREGOING. its constitution and bylaws. To determine whether an enterprise is a charitable institution or not. the precise portions of the land and the area thereof which are leased to private persons. The respondent Quezon City Assessor is hereby DIRECTED to determine. and to medical or professional practitioners who use the same as their private clinics. When the City Assessor of Quezon City assessed both its land and hospital building for real property taxes. its corporate purposes. there must be clear and unequivocal proof that (1) it is a charitable institution and (2)its real properties are ACTUALLY. vs. in his capacity as City Assessor of Quezon City. ROSAS. respondents. 2004 include the statute creating the enterprise. Issue: Is the Lung Center of the Philippines a charitable institution within the context of the Constitution. directly and exclusively used for charitable purposes. Exclusive is defined as possessed and enjoyed to the exclusion of others. in order to be entitled to exemption from real property tax. The claim for exemption was denied. finding that Lung Center of the Philippines is not a charitable institution and that its properties were not actually. a big portion on the right side of the hospital is being leased for commercial purposes to a private enterprise known as the Elliptical Orchids and Garden Center. the petition is PARTIALLY GRANTED. of the services rendered. DIRECTLY and EXCLUSIVELY used for charitable purposes. petitioner. debarred from participation or enjoyment. Also. whether paying or non-paying. under the Constitution. Facts: Lung Center of the Philippines is a non-stock and non-profit entity established by virtue of PD No.R. for canteen and small store spaces. and to compute the real property taxes due thereon as provided for by law. It is the registered owner of the land on which the Lung Center of the Philippines Hospital is erected. and therefore. the elements which should be considered G. the Lung Center of the Philippines filed a claim for exemption on its averment that it is a charitable institution with a minimum of 60% of its hospital beds exclusively used for charity patients and that the major thrust of its hospital operation is to serve charity patients. 16 . 1823.Held: The Lung Center of the Philippines is a charitable institution. 144104 June 29. other portions thereof are being leased to private individuals and enterprises. A big space in the ground floor of the hospital is being leased to private parties. While portions of the hospital are used for treatment of patients and the dispensation of medical services to them. If real property is used for one or more commercial purposes. it is not exclusively used for the exempted purposes but is subject to taxation. the Central Board of Assessment Appeals of Quezon City affirmed the local board’s decision. However. On appeal. No. QUEZON CITY and CONSTANTINO P. the nature of the actual work performed. the indefiniteness of the beneficiaries and the use and occupation of the properties. the methods of administration.

Section 26(1). the present global 17 . 2. (2) the categorization is germane to achieve the legislative purpose. as COMMISSIONER OF INTERNAL REVENUE. ISSUE: Whether RA 7496 in unconstitutional HELD: Article VI. progenitor of RA 7496. vs. Petitioners also contend it violated due process.. that such a system of income taxation has long been the prevailing rule even prior to Republic Act No. as SECRETARY OF FINANCE & JOSE U. is deficient for being merely entitled. Uniformity does not forfend classification as long as: (1) the standards that are used therefor are substantial and not arbitrary. to both present and future conditions. 91 Phil. as well as the Rules and Regulations promulgated by public respondents pursuant to said law. Anything else would be to require a virtual compendium of the law which could not have been the intendment of the constitutional mandate. DEL ROSARIO. and (4) the classification applies equally well to all those belonging to the same class. . . No. (b) to avoid surprises or even fraud upon the legislature. RAMON R. 1994 RUFINO R.' as amended. Petitioner intimates that Republic Act No.R. Section 28(1) — The rule of taxation shall be uniform and equitable. of the Constitution has been envisioned so as (a) to prevent logrolling legislation intended to unite the members of the legislature who favor any one of unrelated subjects in support of the whole act. 7496. 1 The above objectives of the fundamental law appear to us to have been sufficiently met. Uniformity of taxation. ONG.Article VI. petitioner. TAN. Two consolidated cases assail the validity of RA 7496 or the Simplified Net Income Taxation Scheme ("SNIT"). Petitioner contends that the title of HB 34314. like the kindred concept of equal protection. of the subjects of legislation. 7496 desecrates the constitutional requirement that taxation "shall be uniform and equitable" in that the law would now attempt to tax single proprietorships and professionals differently from the manner it imposes the tax on corporations and partnerships. however. all things being equal. are to be treated alike both in privileges and liabilities (Juan Luna Subdivision vs.G. respondents. and (c) to fairly apprise the people. Section 26(1) — Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. Amending Sections 21 and 29 of the National Internal Revenue Code. 'An Act Adopting the Simplified Net Income Taxation Scheme For The Self-Employed and Professionals Engaged In The Practice of Their Profession. nor shall any person be denied the equal protection of the laws. The contention clearly forgets. JR. Petitioners posit that RA 7496 is unconstitutional as it allegedly violates the following provisions of the Constitution: -Article VI. (3) the law applies. merely requires that all subjects or objects of taxation. property without due process of law. 109289 October 3. . Sarmiento. "Simplified Net Income Taxation Scheme for the Self-Employed and Professionals Engaged in the Practice of their Profession" (Petition in G.Article III. through such publications of its proceedings as are usually made. Section 1 — No person shall be deprived of . which amended certain provisions of the NIRC. 109289) when the full text of the title actually reads.R. similarly situated. by and large. What may instead be perceived to be apparent from the amendatory law is the legislative intent to increasingly shift the income tax system towards the schedular approach in the income taxation of individual taxpayers and to maintain. No. Petitioners contended that public respondents exceeded their rule-making authority in applying SNIT to general professional partnerships. . The Congress shall evolve a progressive system of taxation. 371). Facts: 1.

We certainly do not view this classification to be arbitrary and inappropriate.treatment on taxable corporations. 18 .

Cory issued EO 438 which imposed. Article VI of the Constitution. by law. and other duties or imposts within the framework of the national development program of the Government. . the President may not assume such power of issuing Executive Orders Nos. like all other bills is. 475 and 478 which are in the nature of revenue-generating measures. In 1991. and other duties or imposts . THE SECRETARY OF FINANCE. an additional duty of 5% ad valorem. This additional duty was imposed across the board on all imported articles. Section 28(2) of Article VI of the Constitution provides as follows: (2) The Congress may. THE TARIFF COMMISSION. revenue and tariff bills. Issue: whether or not EO 475 and 478 are unconstitutional HELD: Art VI Sec. in addition to any other duties. Under Section 24.R. bills of local application. petitioner. respondents. authorize the President to fix within specified limits. ." He contends that since the Constitution vests the authority to enact revenue bills in Congress. GARCIA (Second District of Bataan). 1992 CONGRESSMAN ENRIQUE T. THE COMMISSIONER OF CUSTOMS. EO 475 was passed reinstating the previous 5% duty except that crude oil and other oil products continued to be taxed at 9%." 19 . 24: All appropriation. the enactment of appropriation. and private bills shall originate exclusively in the House of Representatives. taxes and charges imposed by law on all articles imported into the Philippines. bills authorizing increase of the public debt. but the Senate may propose or concur with amendments. assuming they may be characterized as revenue measures. of course. import and export quotas. that therefore Executive Orders Nos. tariff rates. . are prohibited to the President. Facts: On 27 November 1990. revenue or tariff bills. however. .G. tonage and wharfage dues. and THE ENERGY REGULATORY BOARD. EO 443 increased the additional duty to 9%. revenue or tariff bills. vs. bills of local application. bills authorizing increase of the public debt. Garcia. THE EXECUTIVE SECRETARY. 101273 July 3. (Emphasis supplied) There is thus explicit constitutional permission from Congress to authorize the President "subject to such limitations and restrictions is [Congress] may impose" to fix "within specific limits" "tariff rates . and private bills shall originate exclusively in the House of Representatives. within the province of the Legislative rather than the Executive Department. THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY. a representative from Bataan. that they must be enacted instead by the Congress of the Philippines. It does not follow. including crude oil and other oil products imported into the Philippines . and subject to such limitations and restrictions as it may impose. No. In the same year. avers that EO 475 and 478 are unconstitutional for they violate Sec 24 of Art 6 of the Constitution which provides: " All appropriation. 475 and 478. but the Senate may propose or concur with amendments.

ASIAWORLD INTERNATIONALE GROUP. MATEO CARIÑO FOUNDATION INC. BASES CONVERSION DEVELOPMENT AUTHORITY.[42] Other than Congress. Petitioners argue that nowhere in R. the extension of the same to the John Hay SEZ finds no support therein.[43] or local governments may pass ordinances on exemption only from local taxes. PRESIDENT. VICTOR LIM. INC. free trade zones and the like.[47] If it were the intent of the legislature to grant to the John Hay SEZ the same tax exemption and incentives given to the Subic SEZ. Series of 1994. petitioners conclude. SOLEDAD S. 7227. R. CITY OF BAGUIO. 7227 is there a grant of tax exemption to SEZs yet to be established in base areas. 2003] JOHN HAY PEOPLES ALTERNATIVE COALITION.V.) CO. ELISA BENAFIN. RUBY C. CENTER FOR ALTERNATIVE SYSTEMS FOUNDATION INC. CAMILO. the other kinds of privileges extended to the John Hay SEZ are by tradition and usage for Congress to legislate upon. 7227 it is only the Subic SEZ which was granted by Congress with tax exemption. FACTS: Petitioners assail. REGINA VICTORIA A. TUNTEX (B. its power to exempt being as broad as its power to tax. it would have so expressly provided in the R. the claimed statutory exemption of the John Hay SEZ from taxation should be manifest and unmistakable from the language of the law on which it is based. Contrary to public respondents’ suggestions. 7227. DIANE MONDOC. The incentives under R. respondents. STRASSER.. No.I. while another part is valid. 119775. BENAFIN REPRESENTED AND JOINED BY HER MOTHER MRS. However. No. CLARAVALL. vs.[G. October 24.” EDILBERTO T. in the main. LUYK REPRESENTED AND JOINED BY HER MOTHER MRS. PEREZ ALIAS “BA-YAY. petitioners. PACALSO ALIAS “KEVAB. YARANON. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES. thus contravenes Article VI. 7227 are exclusive only to the Subic SEZ. It is the legislature. Section 28 (4) of the Constitution which provides that “No law granting any tax exemption shall be passed without the concurrence of a majority of all the members of Congress. Where part of a statute is void as contrary to the Constitution. No. JOHN HAY PORO POINT DEVELOPMENT CORPORATION.” BETTY I.. ALICIA C. unless limited by a provision of the state constitution. the Constitution may itself provide for specific tax exemptions. that has full power to exempt any person or corporation or class of property from taxation. GIRON. investment incentives and the like. “CREATING AND DESIGNATING a portion of the area covered by the former Camp John [Hay] as THE JOHN HAY Special Economic Zone pursuant to Republic Act No. the other parts thereof not being repugnant to the law or the Constitution. as in the case at bar.. the nature of most of the assailed privileges is one of tax exemption. unlike the grant under Section 12 thereof of tax exemption and investment incentives to the therein established Subic SEZ. the grant thereof to the John Hay SEZ cannot be sustained. 420.[45] In the same vein. No. hence.. IZABEL M. CARMEN CAROMINA.” ISSUE: Whether or not the president may grant tax exemption within John Hay SEZ HELD: It is clear that under Section 12 of R.[46] Tax exemption cannot be implied as it must be categorically and unmistakably expressed. No. REBECCA MOLINA LUYK. A. KATHERINE PE REPRESENTED AND JOINED BY HER MOTHER ROSEMARIE G. There is no express extension of the aforesaid benefits to other SEZs still to be created at the time via presidential proclamation. the entire assailed proclamation cannot be declared unconstitutional. LILIA G. LTD. 20 While the grant of economic incentives may be essential to the creation and success of SEZs. .A.” and creating a regime of tax exemption within the John Hay Special Economic Zone. if separable from the invalid.A. may stand and be enforced.A. PE. the valid portion. The delineation and declaration of a portion of the area covered by Camp John Hay as a SEZ was well within the powers of the President to do so by means of a proclamation. it must be expressly granted in a statute stated in a language too clear to be mistaken. URSULA C. The grant of tax exemption to the John Hay SEZ. More importantly.[44] The challenged grant of tax exemption would circumvent the Constitution’s imposition that a law granting any tax exemption must have the concurrence of a majority of all the members of Congress. the constitutionality of Presidential Proclamation No.

21 .

the President. Jr. Furthermore inappropriate SHOULD resort to their constitutionally vested power to override the veto. however. No. 1990 provisions must be struck down because they contravene the constitution because it limits the power of the executive to augment appropriations (ART VI SEC 25 PAR 5. be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. (ART VI SEC 21 PAR 1) manner they attempt hide it in the GAB 22 . Although the petitioners contend that the veto exceeded the mandate of the line-veto power of the president because SEC 55 and SEC 16 are provisions the court held that inappropriate provisions can be treated as items (Henry v.) • The ‘provisions’ are inappropriate because GR No. complete legislation but because they are aware that it would be NOT passed in that • February 2. Macaraig. • If the legislature really believes that the exercise of veto is really invalid then congress • SEC. the Speaker of the House of Representatives.” ISSUE: Whether or not the veto by the President of SEC 55 of GAB for FY 1989 and SEC 16 of GAB for FY 1990 is unconstitutional. Edwards) and therefore can be vetoed validly by the president. by law. the President of the Senate. 87636 o They do not relate to particular or distinctive appropriations Facts: o Disapproved or reduced items are nowhere to be found on the face of the bill • Congress passed House Bill No. 1989 Senate passed Res. HELD: The veto is CONSTITUTIONAL. a general provision. 381 Senate as an institution decided to contest the constitutionality of the veto of the president of SEC 55 only. the Chief Justice of the Supreme Court. 55 disallows the president and heads of several department to augment any item in the GAB thereby violation CONSTITUTION ART VI SEC 25 (5) “No law shall be passed authorizing any transfer of appropriations. 19186 (GAB of Fiscal Year 1989) which eliminated or o It is more of an expression of policy than an appropriation • Court also said that to make the GAB veto-proof would be logrolling on the part of the decreased certain items included in the proposed budget submitted by the president President signed bill into law (RA 6688) but vetoed 7 special provisions and Sec 55.PROCEDURE FOR THE PASSAGE OF BILLS Gonzales v. and the heads of Constitutional Commissions may.

or tariff bill. as guaranteed by Article VI. limitations or Issue: whether Section 55 (FY ‘89) and Section 16 (FY ‘90) are provisions. the power given the executive to disapprove any item or items in an Appropriations Bill does not grant the authority to veto a part of an item and to approve the remaining portion of the same item. Section 55 (FY ‘89) and Section 16 (FY ‘90) although labeled as “provisions. Issue: whether the Legislature’s inclusion of qualifications. Article VI. 25 (2) No provision or Held: No. as a general rule. Section 27 (2) of the 1987 Constitution of any reference to the veto of a provision. the vetoed Sections are more of an expression of Congressional policy in respect of augmentation from savings rather than a budgetary appropriation. has the President the power to veto provisions of an Appropriations Bill Held: No. enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.” Explicit is the requirement that a provision in the Appropriations Bill should relate specifically to some “particular appropriation” therein. It allows the exercise of the veto over a particular item or items in an appropriation. Consequently. The challenged “provisions” fall short of this requirement. In other words. resort will have to be made to the original recommendations made by the President and to the source indicated by the “Legislative Budget Research and Monitoring Office. Paragraph (1) refers to the general veto power of the President and if exercised would result in the veto of the entire bill. Firstly. in the true sense of the term. the extent of the President’s veto power as previously defined by the 1935 Constitution has not changed. the vetoed “provisions” do not relate to any particular or distinctive appropriation.Issue: whether or not the President exceeded the item-veto power accorded by the Constitution or differently put.” are actually inappropriate provisions that should be treated as items for the purpose of the President’s veto power. conditions. and does not relate to the entire bill. the President may not veto less than all of an item of an Appropriations Bill. revenue. Notwithstanding the elimination in Article VI. a provision in an Appropriations Bill is limited in its operation to some particular appropriation to which it relates.” Thirdly. Section 25 (5) of the Constitution. To discover them. Section 27 of the 1987 Constitution. Section 25 (2) of the 1987 Constitution provides: “Sec. They apply generally to all items disapproved or reduced by Congress in the Appropriations Bill. The President promptly vetoed Section 55 (FY ‘89) and Section 16 (FY ‘90) because they nullify the authority of the Chief Executive and heads of different branches of government to augment any item in the General Appropriations Law for their respective offices from savings in other items of their respective appropriations. the disapproved or reduced items are nowhere to be found on the face of the Bill. As specified. In other words. not items. Paragraph (2) is what is referred to as the item-veto power or the line-veto power. in the appropriation bill restrictions on expenditure of funds in the Appropriation Bill was proper Held: 23 . Secondly. Section 55 (FY ‘89) and Section 16 (FY ‘90) are not provisions in t he budgetary sense of the term. The veto power of the President is expressed in Article VI.

each exercising its respective powers with due deference to the constitutional responsibilities and functions of the other. the test is appropriateness. particularly. Note: SC ruled that Congress cannot include in a general appropriations bill matters that should be more properly enacted in separate legislation.” which can be vetoed by the President in the exercise of his item-veto power. the remedy laid down by the Constitution is crystal clear . Further. “It is not enough that a provision be related to the institution or agency to which funds are appropriated. therefore. restrictions should be such in the real sense of the term. conditions.” Tested by these criteria.There can be no denying that inherent in the power of appropriation is the power to specify how money shall be spent. and Section 55 (FY ‘89) and Section 16 (FY ‘90) were not “provisions” in the budgetary sense of the term. to spend funds made available by Congress. separate legislation. limitations or restrictions on expenditure of funds. they are actually general law measures more appropriate for substantive and. The SC went one step further and rules that even assuming arguendo that “provisions” are beyond the executive power to veto. If. and that in addition to distinct “items” of appropriation. However. There need be no future conflict if the legislative and executive branches of government adhere to the spirit of the Constitution. the ultimate test is one of appropriateness. Note: Executive Impoundment Definition: This refers to a refusal by the President. 24 project and to spend the money appropriated therefor. Argument against executive impoundment: Those who deny to the President the power to impound argue that once Congress has set aside the fund for a specific purpose in an appropriations act. It is the failure to spend or obligate budget authority of any type. . and if it does that. The veto of a condition in an Appropriations Bill which did not include a veto of the items to which the condition related was deemed invalid and without effect whatsoever. for the Constitution imposes on him the duty to faithfully execute the laws. Restrictions or conditions in an Appropriations Bill must exhibit a connection with money items in a budgetary sense in the schedule of expenditures. Conditions and limitations properly included in an appropriation bill must exhibit such a connection with money items of appropriation that they logically belong in a schedule of expenditures . Thereby. Gonzales et al. the legislature believed that the exercise of the veto powers by the executive were unconstitutional. Section 55 (FY ‘89) and Section 16 (FY ‘90) must also be held to be inappropriate “conditions. Section 27[1]). Settled also is the rule that the Executive is not allowed to veto a condition or proviso of an appropriation while allowing the appropriation itself to stand. the delicate equilibrium of governmental powers remains on even keel. it becomes mandatory on the part of the President to implement the Issue: whether the legislature has a remedy when it believes that the veto powers by the executive were unconstitutional Held: Yes. A Presidential veto may be overridden by the votes of two-thirds of members of Congress (1987 Constitution. But Congress made no attempt to override the Presidential veto.” While they. they are “inappropriate provisions” that should be treated as “items” for the purpose of the President’s veto power. the Legislature may include in Appropriation Bills qualifications. not some matters which are more properly dealt with in a separate legislation. the inappropriate provisions inserted by it must be treated as “item. Section 16 (FY ‘90). have been “artfully drafted” to appear as true conditions or limitations. neither of them shows the necessary connection with a schedule of expenditures. Article VI. for the rule to apply.’s argument that the veto is ineffectual so that there is “nothing to override” has lost force and effect with the exec utive veto having been herein upheld. for whatever reason. . Again. . The President has no discretion on the matter. indeed.

Argument for executive impoundment: Proponents of impoundment have invoked at least three principal sources of the authority of the President. The proponents insist that a faithful execution of the laws requires that the President desist from implementing the law if doing so would prejudice public interest. An example given is when through efficient and prudent management of a project. it is sheer folly to expect the President to spend the entire amount budgeted in the law. substantial savings are made. Second is the executive power drawn from the President’s role as Commander-in-Chief. 25 . In such a case. Third is the Faithful Execution Clause which ironically is the same provisions invoked by petitioners herein. Foremost is the authority to impound given to him either expressly or impliedly by Congress.

in his capacity as Secretary of Department of Budget and Management. But even as the Constitution grants the power.e. ET AL. and HON. Moreover. Doctrine: Pocket Veto Power Under the Constitution.) It is an indivisible sum of money dedicated to a stated purposeThe United States Supreme Court. including its undesirable parts. He or she is. and the Court of Appeals as well as members of the Constitutional Commission. It is for this reason that the Constitution has wisely provided the “item veto power” to avoid inexpedient riders from being attached to an indispensable appropriation or revenue measure. i.G." (id. not some general provision of law. compelled to approve into law the entire bill. the President does not have the so-called pocket-veto power. some provisions of the Special Provision for the Supreme Court and the Lower Court’s General Appropriations were vetoed by the President because a resolution by the Court providing for appropriations for retired justices has been enacted . and offices of the government. The vetoed bill provided for the increase of the pensions of the retired justices of the Supreme Court. which happens to be put into an appropriation bill.000. the distinct and severable parts . therefore. provides limitations to its exercise. HON. The President did not veto this item. The failure of the President to communicate his veto of any bill represented to him within 30 days after the receipt thereof automatically causes the bill to become a law.00 to enable the Government to meet certain unavoidable obligations which may have been inadequately funded by the specific items for the different branches. LINO M. An item in a bill refers to the particulars. vs. DRILON. HON. . They are provisions. QUERUBE MAKALINTAL. at 916. 1992 CESAR BENGZON. the details. GUILLERMO CARAGUE. FRANKLIN N.. An examination of the entire sections and the underlined portions of the law which were vetoed will readily show that portions of the item have been chopped up into vetoed and unvetoed parts. JOSE LEUTERIO. The power to disapprove any item or items in an appropriate bill does not grant the authority to veto a part of an item and to approve the remaining portion of the same item. 26 . it also by Congress to insure that permanent and continuing obligations to certain officials would be paid when they fell due.000. Less than all of an item has been vetoed.R. in her capacity as National Treasurer.. the vetoed portions are not items. respondents. What were vetoed were methods or systems placed Issue: whether the President may veto certain provisions of the General Appropriatons Act Held: The act of the Executive in vetoing the particular provisions is an exercise of a constitutionally vested power. PATAJO. We distinguish an item from a provision in the following manner: disapproval of a bill by inaction on his part. at page 465) The general fund adjustment is an item which appropriates P500. in his capacity as Executive Secretary. What was done by the President was the vetoing of a provision and not an item. ROSALINA CAJUCOM. The Executive must veto a bill in its entirety or not at all. . departments. in the case of Bengzon v. bureaus. No. The Constitution provides that only a particular item or items may be vetoed. supra. 103524 April 15. Secretary of Justice declared "that an "tem" of an appropriation bill obviously means an item which in itself is a specific appropriation of money. agencies. The terms item and provision in budgetary legislation and practice are concededly different. Facts: On 15 Jan 1992. of the bill (Bengzon. petitioners.

the The exception is provided in par (2). There should be no question. The veto in such case shall not affect the item or items to which he does not object. that statutory authority has. When the president does not act upon the measure within 30 days after it shall have been presented to him. Alba. endangered because the transfer is made within a department (or branch of government) and not from one department (branch) to another. the President of the Senate. are clearly in consonance with the abovestated pronouncements of the Court. which is clearly repugnant to fiscal autonomy. In the instant case. 2. particularly Article VI. the Speaker of the House of Representatives. 25. therefore. the heads of the different branches of the Government and those of the Constitutional Commissions are afforded considerable flexibility in the use of public funds and resources (Demetria v.Sec 27 of Art 6 of the Constitution which grants the President power to veto any particular item or items in an appropriation.This rule corrects the Presidential practice under the 1935 Constitution of releasing veto messages long after he should have acted on the bill. the vetoed provisions which relate to the use of savings for augmenting 3 ways how a bill becomes a law: 1. The Constitution. When the President signs it When the President vetoes it but the veto is overridden by 2/3 vote of all the members items for the payment of the pension differentials. by law. in fact. revenue or tariff bill. Section 25(5) also provides: When is it allowed? Sec. the Chief Justice of the Supreme Court. (5) No law shall be passed authorizing any transfer of appropriations. among others. the veto of these specific provisions in the General Appropriations Act is tantamount to dictating to the Judiciary how its funds should be utilized. be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. The doctrine of separation of powers is in no way 27 . The veto impairs the power of the Chief Justice to augment other items in the Judiciary's appropriation. and 3. And once given. however. It also avoids uncertainty as to what new laws are in force. In the case at bar. and the heads of Constitutional Commissions may." of each House. supra). in contravention of the constitutional provision on "fiscal autonomy. President. been granted.

judicial powers involving the exercise of judgment and discretion. in enacting Republic Act No. But it is urged.(Sec. without being paid separation pay. 28 . .Upon receipt of said complaint. in Manila. And so we held in Corominas et al.G. But in so doing. regional offices of the Department of labor have exclusive and original jurisdiction over all cases affecting money claims arising from violations of labor standards or working conditions. FACTS: Gonzales filed with Regional Office No. . 1241. as even such quasi-judicial prerogatives must be limited. VII of the BILL MILLER. 1957. HELD: judicial functions to the Regional offices. judicial power rests exclusively in the judiciary. . 1961).R. vs. 1. an executive body. Thus. on which latter date he was allegedly arbitrarily dismissed. RESPONDENT argues that pursuant to Reorganization Plan No. L-14837 and companion cases. MARDO. No. 3 of the Department of Labor. petitioner-appellee. as amended. in one of the cases. 997. emanating from the lack of authority of the Reorganization Commission has been cured by the non-disapproval of Reorganization Plan No. Chief Hearing Officer Atanacio Mardo of Regional Office No. to authorize the . if they are to be valid. as incident to the performance of administrative functions. ATANACIO A. Labor Standards Commission. as amended by Republic Act No. Said motions to dismiss were denied by the court. overtime and separation pay. The Legislature could not have intended to grant such powers to the Reorganization Commission. it was not the intention of Congress. 3 of the Department of Labor required Miller to file an answer. a complaint (IS-1148) against Bill Miller (owner and manager of Miller Motors) claiming to be a driver of Miller from December 1. from these to the officials to be appointed or offices to be created by the Reorganization Plan. L-15138 July 31. or to take away from these their jurisdiction and transfer said jurisdiction to the officials appointed or offices created under the Reorganization Plan. that the defect in the conferment of judicial or quasi- ISSUE: whether conferment of power to the Department of Labor to take cognizance of cases affecting money claims is valid under our Constitution and applicable statutes. respondents-appellants.R. Art. No. 759) praying for judgment prohibiting the Hearing Officer from proceeding with the case. 997. 997. as the Legislature may not and cannot delegate its power to legislate or create courts of justice any other agency of the Government. only to those incidental to or in connection with the performance of jurisdiction over a matter exclusively vested in the courts. 20-A. It may be conceded that the legislature may confer on administrative boards or bodies quasi- ISSUE: validity of Reorganization Plan No. prepared and submitted by the Government Survey and Reorganization Commission under the authority of Republic Act No. The Commission was not authorized to create courts of justice. and MANUEL GONZALES. Congress is well aware of the provisions of the Constitution that judicial powers are vested 'only in the Supreme Court and in such courts as the law may establish'. Constitution). 20-A by Congress under the provisions of Section 6(a) of Republic Act No. June 30. Whereupon. insofar as it confers jurisdiction to the Regional Offices of the Department of Labor created in said Plan to decide claims of laborers for wages. 20-A. 1961 Constitution expressly provides that "the Judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law. etc. for the reason that said Hearing Officer had no jurisdiction to hear and decide the subject matter of the complaint. et al. transfer of powers and jurisdiction granted to the courts of justice. 1956 to October 31. the legislature must state its intention in express terms that would leave no doubt. (G. Miller filed with the Court of First Instance of Baguio a petition (Civil Case No. v.

procedure of enactment provided in section 6 (a) of the Reorganization Act . Section 6 (a) of the Act would dispense with the "passage" of any measure. said plan. if given the effect suggested in counsel's argument. and with the requirement presentation to the President. would be a reversal of the democratic processes required by the Constitution. and the yeas and nays entered on the Journal.consent or approval is to be manifested by silence or adjournment or by "concurrent resolution.It is an established fact that the Reorganization Commission submitted Reorganization Plan No. Such a procedure of enactment of law by legislative in action is not countenanced in this jurisdiction. 1956. 20-A. and the question upon its final passage shall be taken immediately thereafter. and if approved by two-thirds of all the Members voting for and against shall be entered on its journal. (Sec. VI of the Constitution). It is now contended that. together with the objections. the contemplated procedure violates the constitutional provisions requiring positive and separate action by each House of Congress." (Cooley. In a sense. VI). By specific provision of the Constitution — No bill shall be passed or become a law unless it shall have been printed and copies thereof in its final form furnished the Members at least three calendar clays prior to its passage by the National Assembly (Congress). Furthermore. which shall enter the objections at large on its Journal and proceed to reconsider it. except when the President shall have certified to the necessity of its immediate enactment. he shall sign it. we hold ad declare that Reorganization Plan No.. the section. A comparison between the procedure of enactment provided in section 6 (a) of the Reorganization Act and that prescribed by the Constitution will show that the former is in distinct contrast to the latter. transmitted the same to Congress on February 14. 20-A to the President who. in turn. 7th ed. 20[1]. It is contrary to the "settled and well-understood parliamentary law (which requires that the) two houses are to hold separate sessions for their deliberations. independent of the matter of delegation of legislative authority (discussed earlier in this opinion). Art. nevertheless became a law by non-action on the part of Congress. but if not. Art. 187). to the other House by which it shall likewise be reconsidered. is invalid and of no effect. 29 . insofar as confers judicial power to the Regional Offices over cases other than these falling under the Workmen's Compensation on Law. he shall return it with his objections to the House where it originated. p. Congress adjourned its sessions without passing a resolution disapproving or adopting the said reorganization plan. (Sec. in which case it shall become a law unless vetoed by the President within thirty days after adjournment. If any bill shall not be returned by the President as herein provided within twenty days (Sundays excepted) after it shall have been presented to him. the same shall become a law in like manner as if he has signed it. 21-[a]. the President would propose the legislative action by action taken by Congress On the basis of the foregoing considerations. Constitutional Limitations. pursuant to the above-quoted provision. be presented to the President. unless the Congress by adjournment prevent its return. Upon the last reading of a bill no amendment thereof shall be allowed. after such reconsideration. If. it shall be sent." In either case. two-thirds of all the Members of such House shall agree to pass the bill. before it becomes a law. for under it. Every bill passed by the Congress shall. and the determination of the one upon a proposed law is to be submitted to the separate determination of the other. as that word is commonly used and understood. If he approves the same.

" WHEREAS. newspapers of general circulation could better perform the function of communicating the laws to the people as such periodicals are more easily available. a non-resident American citizen. . Director of Prisons. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines.. AQUINO. and Sec. . petitioner. 1986) when it observed that "[t]here is much to be said of the view that the publication need not be made in the Official Gazette. Article 2 of Republic Act No. 386. this 18th day of June.000 pesos. the requirement that for laws to be effective only a publication thereof in the Official Gazette will suffice has entailed some problems. 63915.5 million pesos for his alleged interest in the two parcels or estates that only amounted to 20. This Executive Order shall take effect immediately after its publication in the Official Gazette.Effectivity of Laws Sec. et al. by virtue of the powers vested in me by the Constitution. WHEREAS. Sec." and all other laws inconsistent with this Executive Order are hereby repealed or modified accordingly. respondents FACTS: The Senate investigated the purchase by the government of two parcels of land. No. unless it is otherwise provided . 1987 PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FOR THEIR EFFECTIVITY WHEREAS. vs. 2. nineteen hundred and eighty-seven. 1. in the year of Our Lord. a point recognized by the Supreme Court in Tañada. of the total sum of 1. known as Buenavista and Tambobong estates. December 29. L-3820 July 18. 3. LEON NAZARENO. An intriguing question that the Senate sought to resolve was the apparent irregularity of the government's payment to one Ernest Burt. (G. THEREFORE. otherwise known as the "Civil Code of the Philippines. Done in the City of Manila. Sergeant-at-arms. vs. it was likewise observed that "[u]ndoubtedly. considering its erratic release and limited readership".R. and come out regularly". Article 2 of the Civil Code partly provides that "laws shall take effect after fifteen days following the completion of their publication in the Official Gazette. CORAZON C. 1950 WHEREAS. I. NOW. have a wider readership. 200 June 18. which he seemed to have 30 .R. EXECUTIVE ORDER NO. unless it is otherwise provided. Tuvera. in view of the foregoing premises Article 2 of the Civil Code should accordingly be amended so the laws to be effective must be published either in the Official Gazette or in a newspaper of general circulation in the country. ARNAULT. do hereby order: JEAN L. and EUSTAQUIO BALAGTAS. et al. President of the Philippines. Philippine Senate. No. LEGISLATIVE INVESTIGATION G.

He contends that the Senate has no power to punish him for contempt for refusing to reveal the name of the person to whom he gave the P440. or impeded the legislative process In other words. which ended on May 18. subject of course to his constitutional right against self-incrimination. Whether or not the Senate have the authority to commit petitioner for contempt for a term beyond its legislative period. In the course of the investigation. the Senate has the authority to commit petitioner for contempt for a term beyond ISSUE: 1. must be material or necessary to the exercise of a power in it vested by the Constitution. or to expel a Member. 31 contempt to the end of every session and not to the end of the last session terminating the existence of that body. it is in fact the very thing sought to be determined. and not by a fraction of such information elicited from a single question.000 pesos. obstructed. She thereafter filed a petition for Habeas Corpus directly with the Supreme Court questioning the validity of her detention. ISSUE: 2. we think the investigating committee has the power to require a witness to answer any question pertinent to that inquiry. and will not serve.000 pesos. which she withdrew from the 1. who acted as agent of Ernest Burnt in the subject transactions . such as to legislate. The question for the refusal to answer which the petitioner was held in contempt by the Senate is pertinent to the matter under inquiry. that the necessity or lack of necessity for legislative action and the form and character of the action itself are determined by the sum total of the information to be gathered as a result of the investigation. Whether or not the Senate have the power to punish the petitioner for contempt for refusing to reveal the name of the person whom she gave the 440. The Court finds no sound reason to limit the power of the legislative body to punish for HELD: Once an inquiry is admitted or established to be within the jurisdiction of a legislative body to make. So a witness may not be coerced to answer a question that obviously has no relation to the subject of the inquiry. and every question which the investigator is empowered to coerce a witness to answer must be material or pertinent to the subject of the inquiry or investigation. But theresolution of commitment here in question was adopted by the Senate. Yes. Petitioner Jean Arnault. It is next contended for the petitioner that the Senate lacks authority to commit him for contempt for a term beyond its period of legislative session. the materiality of the question must be determined by its direct relation to any proposed or possible legislation. The inquiry.5 million pesos proceeds pertaining to Ernest Burt. which is a continuing body and which does not cease to exist upon the periodical dissolution of the Congress. to be within the jurisdiction of the legislative body to make.000. because such information is immaterial to. To deny such committee the power of inquiry with process to enforce it would be to defeat the very purpose for which that the power is recognized in the legislative body as an essential and appropriate auxiliary to legislative function. The Senate sought to determine who were responsible for and who benefited from the transaction at the expense of the government. The reason is. It is but logical to say that the power of self-preservation is coexistent with the life to be preserved. the petitioner repeatedly refused to divulge the name of the person whom she gave the amount of 440.forfeited anyway long before. any intended or purported legislation and his refusal to answer the question has not embarrassed. Arnualt was therefore cited in contempt by the Senate and was committed to the custody of the Senate Sergeant-at-Arms for imprisonment until she answers the questions. 1950 . was one of the witnesses summoned by the Senate to its hearings. . legislative session.

declaring that the continued detention and confinement of Jean L. its legitimate functions (Annotation to Jurney vs. Arnault in the new Bilibid Prison . FACTS: This an appeal from judgment of the Court of First Instance of Rizal. as ordered in Senate Resolution of November 8.R. vs. Santos HELD: A study of the text of the resolution readily shows that the Senate found that the petitioner-appellee did not disclose. in habeas corpus proceeding. EUSTAQUIO BALAGTAS. while the latter has to do with the enforcement and application of the criminal law. for the reason that the Senate of the Philippines committed a clear abuse of discretion in considering his answer naming one Jess D. if it is impotent to punish a defiance of its power and authority? The process by which a contumacious witness is dealt with by the legislature in order to enable it to exercise its legislative power or authority must be distinguished from the judicial process by which offenders are brought to the courts of justice for the meting of the punishment which the criminal law imposes upon them. have the power to punish for contempt if the contempt has had the effect of obstructing the exercise by the legislature of. was such power legitimately exercised after the petitioner had given the name Jess D. but merely seeks to coerce the petitioner into telling the truth. The former falls exclusively within the legislative authority. the legislature's authority to deal with the defiant and contumacious witness should be supreme. The principle that Congress or any of its bodies has the power to punish recalcitrant witnesses is founded upon reason and policy. 1952. by the mere giving of the name Jess D. is the continued confinement and detention of the petitioner-appellee. Although the resolution studiously avoids saying that the confinement is a punishment. American legislative bodies. 1952. after which our own is patterned. ed. L-6749 July 30. wherefore the issue now before Us in whether JEAN L. in pursuance of Senate Resolution No. but with vindication of the established and essential privilege of requiring the production of evidence. valid? In the supposition that such power and authority exist. by his answer has purged himself of contempt and is consequently entitled to be released and discharged. 79 L. 000 was delivered. Here. 1955 In a way. Flores presiding. is illegal. ISSUE: If the Senate did not believe the statement. the Senate has the power to punish the contempt committed against it under the circumstances of the case. the latter within the domain of the courts. the petitioner's assumption that the imprisonment is punitive is justified by the language of the resolution. 114. ARNAULT. Arnault. This question is thus squarely presented before Us for determination. respondent-appellant. We must also and that provided the contempt is related to the exercise of the legislative power and is committed in the course of the legislative process. and. or deterring or preventing it from exercising. Santos as the person to whom delivery of the sum of P440. we are concerned not with an extention of congressional privilege. No. MacCraken. the intention is evident that the continuation of the imprisonment ordered is in fact partly punitive. as Director of Prisons. because the former is a necessary concommitant of the legislative power or process. and on the further ground that said Jean L. 814). Said power must be considered implied or incidental to the exercise of legislative power. How could a legislative body obtain the knowledge and information on which to base intended legislation if it cannot require and compel the disclosure of such knowledge and information. the identity of the person to whom the sum of P440. Santos. or necessary to effectuate said power. in addition thereto that petitioner withheld said identity arrogantly and contumaciously in continued affront of the Senate's authority and dignity. Pasay City Branch. therefore. as a refusal to answer the question directed by the Senate committee to him. Honorable Jose F. and unless there is 32 . petitioner-appellee. dated November 8.G.000 was made in the sale of the Buenavista and Tambobong Estate.

e. o No person guilty of contempt may purge himself by another lie or falsehood. (Marshall vs. and he presented the petition for habeas corpus in this case on March 3. o This claim is not justified by the record. It is the claim that as the period of imprisonment has lasted for a period which exceeded that provided by law punishment for contempt. this 33 would be repetition of the offense. Said power must be considered implied or incidental to the exercise of legislative power. The latter passed its Resolution No. supra). . 1952. e. he executed his affidavit and thereafter he was called to testify again before the Senate Committee. i. to compel him to give the information. 6 months of arresto mayor. i. i. by reason of its coercive power. o Petitioner contends that if he is to be punished for not disclosing the identity. disclosing the real identity of the person subject of the inquiry. 114 on November 6. e. the exercise of the authority is not subject to judicial interference.. or reiterated it • Merely seeks to get the identity of the person Kinda intention is to punish accused for being arrogant in not disclosing the truth Senate has the authority to commit a witness if he refuses to answer a question 1 last contention of petitioner remains to be considered.. • The next question concerns the claim that the petitioner has purged himself of contempt. he Resolution No. not its punitive power. 1950. or necessary to effectuate said power. because he says he has already answered the original question which he had previously been required to answer o In order that the petitioner may be considered as having purged himself of the contempt. Petitioner was originally confined by pertinent to a legislative inquiry. the petitioner is now entitled to be released. On December 13. 17 on May 15. needs to go through the judicial process • The principle that Congress or any of its bodies has the power to punish disobedient witnesses is founded upon reason and policy. 1953. 1951. Gordon. • o o • The resolution refuses to relate CONFINEMENT as PUNISHMENT o o Senate did not believe that Jess D Santos is the real person The Senate.a manifest and absolute disregard of discretion and a mere exertion of arbitrary power coming within the reach of constitutional limitations. it is necessary that he should have testified truthfully. therefore. held that the act of the petitioner continued the original contempt.. five months after the last resolution when the Senate found that the petitioner committed another contempt.

the inquiry under Senate Resolution No. WIGBERTO TAÑADA. 34 . JIMENEZ. At the hearing. One of the defendants in the case before the Sandiganbayan. 1 of the Senate Rules of Procedure Governing Inquiries in Aid of Legislation. Sandejas. No. 1991 JOSE F. The power to conduct formal inquiries or investigations in specifically provided for in Sec. absolute or unlimited. Arnault vs.. JOSE V. Such inquiries may refer to the implementation or re-examination of any law or in connection with any proposed legislation or the formulation of future legislation. or affected by. and CYNTHIA SABIDO LIMJAP. Aquino. ricardo Lopa. et al. LEONARDO GAMBOA. vs. JOSE MANTECON. such inquiries shall be respected. therefore. he merely called upon the Senate to look into a possible violation of Sec.S. no "unduly prejudice" the defendants in civil case before the Sandiganbayan 4. 3019. JOSE S. AGERICO UNGSON. Facts: 1. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. a brother-in-law of Pres. ELVIE CASTILLO. The rights of persons appearing in. There appears to be. an investigation was conducted by the Senate Blue Ribbon Committee. the jurisdiction of the Senate. SANDEJAS. to be within the jurisdiction of the legislative body making it. HON. Petitioner was one of the defendants in a civil case filed by the government with the Sandiganbayan for the alleged anomalous sale of Kokoy Romoaldez of several government corporations to the group of Lopa. 212 is to look into the charges against the PCGG filed by the three (3) stockholders of Oriental Petroleum in connection with the implementation of Section 26... 89914 November 20. otherwise known as "The Anti-Graft and Corrupt Practices Act. therefore.E. ABELARDO TERMULO. ERNESTO CALUYA. THE SENATE BLUE RIBBON COMMITTEE AND ITS MEMBERS. By virtue of a privilege speech made by Sen. 2. must be material or necessary to the exervcse of a power in it vested by the Constitution. VICENTE MILLS JR. Verily. SUSAN ROXAS. had violated the law in connection with the alleged sale of the 36 or 39 corporations belonging to Benjamin "Kokoy" Romualdez to the Lopaa Group. Thus." 3. 5 of RA No. The Court granted it and required the respondent Senate Blue Ribbon Committee to comment on the petition in intervention. Leon Nazareno. petitioners. As held in Jean L. They may also extend to any and all matters vested by the Constitution in Congress and/or in the Seante alone. Lopa declined to testify on the ground that his testimony may out whether or not the relatives of President Aquino. Petitioners and Ricardo Lopa were subpoenaed by the Committee to appear before it and testify on "what they know" regarding the "sale of thirty-six (36) corporations belonging to Benjamin "Kokoy" Romualdez. 16 the inquiry. particularly Mr. The power of both houses of Congress to conduct inquiries in aid of legislation is not. intervenor. Petitioner filed for a TRO and/or injunctive relief claiming that the inquiry was beyond intended legislation involved. the purpose of the inquiry to be conducted by respondent Blue Ribbon commitee was to find transactions. BENGZON JR.R. respondents.. He contended that the Senate Blue Ribbon Committee acted in excess of its jurisdiction and legislative purpose. Article XVIII of the Constitution. such as to legislate or to expel a member.G. the speech of Senator Enrile contained no suggestion of contemplated legislation. represented by and through the CHAIRMAN. Enrile urging the Senate to look into the ISSUE: W/N the Blue Ribbon inquiry was in aid of legislation HELD: Section 21." In other words. KURT BACHMANN JR. filed with the Court of motion for intervention.

the "Anti-Graft and Corrupt Practices Act". since the aim of the investigation is to find out whether or not the ralatives of the President or Mr. 35 . Ricardo Lopa had violated Section 5 RA No.It appeals. that the contemplated inquiry by respondent Committee is not really "in aid of legislation" because it is not related to a purpose within the jurisdiction of Congress. a matter that appears more within the province of the courts rather than of the legislature. therefore. 3019.

Section 21. in his capacity as Minority Leader. ERMITA. in his capacity as Senate President. Issue: Whether or not E. 464. as was shown in the respective privileged speeches of the Senators. 464 contravenes the power of inquiry vested in Congress HELD: Constitutionality of E. A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change. Respondents. CAYETANO. On September 27 & 28 2005. is coextensive with the power to legislate. and that the resource persons from the executive department would not be able to attend without the consent of the president. The power of inquiry. such power is so far incidental to the legislative function as to be implied. in his capacity as Majority Leader. otherwise known as the power of inquiry. JINGGOY EJERCITO ESTRADA. Congress has the right to that information and the power to compel the disclosure thereof. It follows that the operation of government. consideration 36 . GORDON. RICHARD J. while on 27 September then Senate President Drilon. FACTS: On September 23. Section 21 also mandates that the rights of persons appearing in or affected by such inquiries be respected. Gudani were relieved from their military posts and faced court martial proceedings for testifying without the president’s approval. MADRIGAL. and on the issues of “Gloriagate. "COMPANERA" PIA S. LACSON. Col." Since this term figures prominently in the challenged order. EDUARDO R. SERGIO OSMENA III. in his capacity as Senate President Pro Tempore. its SENATE OF THE PHILIPPINES.e.O.O 464. RECTO. Balutan and Gen. the committee of the senate as a whole issued invitations to various officials of the executive department and Military officials for them to appear as resource speakers in a public hearing on the North Rail Project. and anyone acting in his stead and in behalf of the President of the Philippines. SENATORS RODOLFO G. FRANCIS N. an imposition that obligates Congress to adhere to the guarantees in the Bill of Rights. The provision requires that the inquiry be done in accordance with the Senate or House’s duly published rules of procedure. necessarily implying the constitutional infirmity of an inquiry conducted without duly published rules of procedure. and Ermita sent a letter to the Senate President. On September 28. LUISA "LOI" EJERCITO ESTRADA. it being mentioned in its provisions. there are still recognized exemptions to the power of inquiry. 169777 * April 20. If the information possessed by executive officials on the operation of their offices is necessary for wise legislation on that subject.R. ALFREDO S. the power of inquiry – with process to enforce it – is an essential and appropriate auxiliary to the legislative function. Even where the inquiry is in aid of legislation. To resolve the question of whether such withholding of information violates the Constitution. FLAVIER.O. is in order. received a letter from Executive Secretary Ermita requesting a postponement of the hearing (re: Northrail). Article VI likewise establishes crucial safeguards that proscribe the legislative power of inquiry. DRILON. military officials). 464 E. AQUILINO Q. vs. in his capacity as Executive Secretary and alter-ego of President Gloria Macapagal-Arroyo. The rights of persons appearing in or affected by such inquiries shall be respected. PANGILINAN. 2005 the president issued E. JUAN PONCE ENRILE.LIM. being a legitimate subject for legislation. to the extent that it bars the appearance of executive officials before Congress. RALPH G. That this power of inquiry is broad enough to cover officials of the executive branch may be deduced from the same case. JR.O. the Court therein ruled. A. which exemptions fall under the rubric of "executive privilege. is a proper subject for investigation. PANFILO M. deprives Congress of the information in the possession of these officials . PIMENTEL. 2006 of the general power of Congress to obtain information. Petitioners. Electoral fraud. 2005. M. by parity of reasoning.. Although there is no provision in the Constitution expressly investing either House of Congress with power to make investigations and exact testimony to the end that it may exercise its legislative functions advisedly and effectively. In other words. JUAN M.O. The power of inquiry The Congress power of inquiry is expressly recognized in Section 21 of Article VI of the Constitution which reads: SECTION 21. after being invited most of those “resource persons” were not able to make it due to prior commitments (i. represented by FRANKLIN M. BIAZON. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. No.G. and MAR ROXAS.” Wire-tapping of the President. With regard to the hearing on the wire-tapping of the President. informing him of the E.

It does not. The power to conduct inquiries in aid of legislation is different from the power to conduct inquiries during the question hour. a discussion of executive privilege is crucial for determining the constitutionality of E. the Court was careful to clarify that it was not there addressing the issue of claims of privilege in a civil litigation or against congressional demands for information. Noticeably absent is any recognition that executive officials are exempt from the duty to disclose information by the mere fact of being executive officials. and ultimately the public. The Court. SEC 21 and SEC 22 pertained to two different functions of the legislature. made the determination that they are. In fact. or upon the request of either House. Section 22 of the Constitution on what has been referred to as the question hour. Executive privilege "the power of the Government to withhold information from the public. While executive privilege is a constitutional concept. Validity of Section 1 Section 1 is similar to Section 3 in that both require the officials covered by them to secure the consent of the President prior to appearing before Congress. the extraordinary character 37 SECTION 22.S. exempts the executive from disclosure requirements applicable to the ordinary citizen or organization   where such exemption is necessary to the discharge of highly important executive responsibilities involved in maintaining governmental operations extends not only to military and diplomatic secrets but also to documents integral to an appropriate exercise of the executive’ domestic decisional and policy making functions. unlike also Section 3.62 and in its very title. The leading case on executive privilege in the United States is U. based on the constitutional doctrine of separation of powers. When the security of the State or the public interest so requires and the President so states in writing.O." The entry in Black’s Law Dictionary on "executive privilege" is similarly instructive regarding the scope of the doctrine. the appearance shall be conducted in executive session. of the exemptions indicates that the presumption inclines heavily against executive secrecy and in favor of disclosure. and information on investigations of crimes by law enforcement agencies before the prosecution of the accused were exempted from the right to information. in marked contrast to Section 3 vis-à-vis Section 2. "question hour" has a definite meaning. Indeed. Section 1 specifically applies to department heads. with the consent of the President. There are significant differences between the two provisions. there is no reference to executive privilege at all. unlike Section 3. the required prior consent under Section 1 is grounded on Article VI. 72 decided in 1974. Further. 464. 464. It also held that information on military and diplomatic secrets and those affecting national security. It is a period of confrontation initiated by Parliament to hold the Prime Minister and the other ministers accountable for their acts and the operation of the government. The same perfectly conformed to the parliamentary . The heads of departments may upon their own initiative. Interpellations shall not be limited to written questions. Notably. rejected the President’s claim of privilege. through the challenged order.O. Rather. appear before and be heard by such House on any matter pertaining to their departments. those documents reflecting the frank expression necessary in intra-governmental advisory and deliberative communications. This privilege. the courts. The President herself has. require a prior determination by any official whether they are covered by E. the courts. v. ruling that the privilege must be balanced against the public interest in the fair administration of criminal justice. that is.preambular clauses. the coverage of department heads under Section 1 is not made to depend on the department heads’ possession of any information which might be covered by executive privilege. as the rules of each House shall provide. a claim thereof may be valid or not depending on the ground invoked to justify it and the context in which it is made. Nixon. In issue in that case was the validity of President Nixon’s claim of executive privilege against a subpoena issued by a district court requiring the production of certain tapes and documents. however. and the Congress. There was a specific provision for a question hour in the 1973 Constitution86 which made the appearance of ministers mandatory. which constrain this Court to discuss the validity of these provisions separately." "the right of the President and high-level executive branch officers to withhold information from Congress. nonetheless. but may cover matters related thereto. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance.

hence. in keeping with the separation of powers. Such declaration. is properly invoked in relation to specific In view thereof.system established by that Constitution. the objective of which is to obtain information in pursuit of Congress’ oversight function. Unlike the Presidency. When Congress exercises its power of inquiry. 464. as much as possible. has determined that the requested information is privileged. while the other pertains to the power to conduct a question hour. each member thereof is exempt on the basis not only of separation of powers but also on the fiscal autonomy and the constitutional independence of the judiciary. the appearance of department heads in the question hour is discretionary on their part. The reading is dictated by the basic rule of construction that issuances must be interpreted. Validity of Sections 2 and 3 En passant. 464 virtually states that executive privilege actually covers persons. judicial power is vested in a collegial body. as Chief Executive. therefore. members of the Supreme Court are also exempt from this power of inquiry. Sen. This point is not in dispute. Section 1 cannot. while closely related and complementary to each other. its right to such information is not as imperative as that of the President to whom. however. or a head of office authorized by the President. Section 22. limited as it is only to appearances in the question hour." amounts to an implied claim that the information is being withheld by the executive branch. They are not exempt by the mere fact that they are department heads. however. It is based on her being the highest official of the executive branch. Joker Arroyo. mean that the legislature is rendered powerless to elicit information from them in all circumstances. Verily. 464 38 . Nonetheless.O. such invocation must be construed as a declaration to Congress that the President. however. the oversight function of Congress may be facilitated by compulsory process only to the extent that it is performed in pursuit of legislation. 464 to justify his failure to be present. is valid on its face. and the due respect accorded to a co-equal branch of government which is sanctioned by a long-standing custom. hence. The requirement then to secure presidential consent under Section 1. For under Section 22. The framers of the 1987 Constitution removed the mandatory nature of such appearance during the question hour in the present Constitution so as to conform more fully to a system of separation of powers. on the basis of executive privilege. 2005 of respondent Executive Secretary Ermita to Senate President Drilon illustrates the implied nature of the claim of privilege authorized by E. This is consistent with the intent discerned from the deliberations of the Constitutional Commission. by authority of the President. as it is presently understood in this jurisdiction. in light of the absence of a mandatory question period. the aim of which is to elicit information that may be used for legislation. when the inquiry in which Congress requires their appearance is "in aid of legislation" under Section 21. That department heads may not be required to appear in a question hour does not. When Congress merely seeks to be informed on how department heads are implementing the statutes which it has issued. Section 1 must be construed as limited in its application to appearances of department heads in the question hour contemplated in the provision of said Section 22 of Article VI. the appearance is mandatory for the same reasons stated in Arnault.88 To that extent. where the ministers are also members of the legislature and are directly accountable to it. such department heads must give a report of their performance as a matter of duty. the need to enforce Congress’ right to executive information in the performance of its legislative function becomes more imperative. the question hour. should not be considered as pertaining to the same power of Congress. departs from the question period of the parliamentary system. whenever an official invokes E. and that the President has not reversed such determination. constitutionality of Section 1 of E. beyond the reach of Congress except through the power of impeachment. be applied to appearances of department heads in inquiries in aid of legislation. unless a valid claim of privilege is subsequently made. In fact.90 In fine. = Sections 21 and 22. in a way that will render it constitutional. either by the President herself or by the Executive Secretary. as even counsel for the Senate. One specifically relates to the power to conduct inquiries in aid of legislation. states that Congress may only request their appearance. as discussed above. admitted it during the oral argument upon interpellation of the Chief Justice. the Court notes that Section 2(b) of E. The letter dated September 28. By the same token.O.O. In such instances. Article VI of the Constitution.O. Such is a misuse of the doctrine. the only way for department heads to exempt themselves therefrom is by a valid claim of privilege. even without mentioning the term "executive privilege. Congress is not bound in such instances to respect the refusal of the department head to appear in such inquiry. Only one executive official may be exempted from this power — the President on whom executive power is vested. Executive privilege. there is an implied claim of privilege.

464 must be invalidated. The claim of privilege under Section 3 of E.O. given the circumstances in which it is made. therefore. there is no way of determining whether it falls under one of the traditional privileges. The privilege belongs to the government and must be asserted by it. neither the President nor the Executive Secretary invokes the privilege. Section 3 and Section 2(b) of E. being a claim of exemption from an obligation to disclose information. Congress is no longer bound to respect the failure of the official to appear before Congress and may then opt to avail of the necessary legal means to compel his appearance. they cannot attend the hearing. in his own judgment. or an authorized head of office. or whether. The court itself must determine whether the circumstances are appropriate for the claim of privilege. A claim of privilege.The letter does not explicitly invoke executive privilege or that the matter on which these officials are being requested to be resource persons falls under the recognized grounds of the privilege to justify their absence. There must be a formal claim of privilege. 464 in relation to Section 2(b) is thus invalid per se.O. do not seem like a claim of privilege only makes it more pernicious. It is merely implied. It is not asserted. It threatens to make Congress doubly blind to the question of why the executive branch is not providing it with the information that it has requested.92 (Underscoring supplied) Absent then a statement of the specific basis of a claim of executive privilege. must. and that the President has not overturned that determination. If. be clearly asserted. Nor does it expressly state that in view of the lack of consent from the President under E. and yet do so without forcing a disclosure of the very thing the privilege is designed to protect. It is not to be lightly invoked. has determined that it is so. therefore. In fine. after actual personal consideration by that officer. Certainly. 464. that when an official is being summoned by Congress on a matter which.O. after the lapse of that reasonable time. it should be respected. This is necessary in order to provide the President or the Executive Secretary with fair opportunity to consider whether the matter indeed calls for a claim of executive privilege. lodged by the head of the department which has control over the matter. on first impression. It follows. Such declaration leaves Congress in the dark on how the requested information could be classified as privileged. It does not suffice to merely declare that the President. That the message is couched in terms that. 39 . it can neither be claimed nor waived by a private party. Congress has the right to know why the executive considers the requested information privileged. he must be afforded reasonable time to inform the President or the Executive Secretary of the possible need for invoking the privilege. might be covered by executive privilege.

Sec. SENATE SERGEANT-AT-ARMS. Armed with the right information. 2006. J. and the right of access to public information. however. 1 has been repealed by the Constitution. MIGUEL. Senate President. invoking Section 4.O. which provides: “ No member or staff of the Commission shall be required to testify or produce evidence in any judicial. 455.O. Chairman Sabio and the PCGG Commissioners were arrested for contempt of the Senate and brought to the Senate premises where they were detained. 4(b) of E. Philippine Communications Satellite Corporation (PHILCOMSAT). 174340 October 17. The unremitting obligation of every citizen is to respond to subpoenae. petitioner. Sec. to respect the dignity of the Congress and its Committees. Sec. and PHILCOMSAT Holdings Corporation (PHC) due to the alleged improprieties in their operations by their respective Board of Directors.” to which class the PCGG belongs. No. this cannot be countenanced.455. Instead of encouraging public accountability.” Senator Richard J. petitioner-relator. Eventually. Congress andother administrative bodies.) Whether or not the investigating committees are vested with contempt power. requiring Chairman Sabio and the four PCGG Commissioners to appear in the public hearing scheduled on August 23. declined the invitation. This cannot be countenanced. vs. The Constitution seeks to promote transparency in policymaking and in the operations of the government. Sabio to be the resource person in a public meeting that would deliberate on the issues presented in Senate Res. the policy of full disclosure. Sec. HELD: The petitions are DISMISSED.) Whether or not Sec. No. 455 ) directing an inquiry in aid of legislation on the anomalous losses incurred by the Philippine Overseas Telecommunications Corporation (POTC). It even extends “to government agencies created by Congress and officers whose positions are within the power of Congress to regulate or even abolish. The Senate invited Presidential Commission on Good Governance (PCGG) Chairman Camilo L. Again. citizens can participate in public discussions leading to the formulation of government policies and their effective eimplementation. No. 4(b) of E. legislative or administrative proceeding concerning matters within its official cognizance. and to testify fully with respect to matters within the realm of proper investigation. Chairman Sabio refused to appear.” So long as the constitutional rights of witnesses will be respected by the investigating committees. HONORABLE MANUEL VILLAR. HONORABLE SENATOR RICHARD GORDON. 4(b) limits or obstructs the power of Congress to secure from PCGG members and staff information and other data in aid of its power to legislate. ERMIN ERNEST LOUIE R. HONORABLE SENATOR JUAN PONCE-ENRILE. The conduct of inquiries in aid of legislation is not only intended to benefit Congress but also the citizenry. and the HONORABLE MEMBERS OF THE COMMITTEE ON GOVERNMENT CORPORATIONS AND PUBLIC ENTERPRISES and THE COMMITTEE ON PUBLIC SERVICES of the Senate.G. An informed citizenry is essential to the existence and proper functioning of any democracy. The investigating committees are vested with contempt power 40 . 1 has been repealed by the Constitution because it is inconsistent with the constitutional provisions on the Congress’ power of inquiry. Gordon issued a subpoena ad testificandum. it is the duty of the former to cooperate with the latter in their efforts to obtain the facts needed for intelligent legislative action. in his official capacity as Member. 2006 and testify on what they know relative to the matters specified in Senate Res. 4(b) exempts the PCGG members and staff from the Congress’ power of inquiry . Again. paragraph (b) of Executive Order No. but Chairman Sabio still did not comply. respondents. as well as provide the people sufficient information to enable them to exercise effectively their constitutional rights. No.R. 4(b) places the PCGG members and staff beyond the reach of courts. FACTS: Senator Miriam Defensor-Santiago introduced Philippine Senate Resolution No. It even extends “to government agencies created by Congress and officers whose positions are within the power of Congress to regulate or even abolish. Another notice was sent to Chairman Sabio requiring him to appear andtestify on the same subject matter set on September 6. Nowhere in theConstitution is any provision granting such exemption. The Congress’ power of inquiry encompasses everything that concerns the administration of existing laws as well as proposed or possibly needed legislation. The Congress’ power of inquiry encompasses everything that concerns the administration of existing laws as well as proposed or possibly needed legislation. and the SENATE OF THE PHILIPPINES. it only institutionalizes irresponsibility and nonaccountability. in his capacity as Chairman. the principle of public accountability. SABIO. 2. 2006 IN THE MATTER OF THE PETITION FOR ISSUANCE OF WRIT OF HABEAS CORPUS OF CAMILO L. ISSUES: 1. Chairman Sabio. 1.

21 of Art.” Significantly. Otherwise. this constitutes a direct conferral of investigatory power upon the committees and it means that the mechanisms which the Houses can take in order to effectively perform the investigative function are also available to the committees. 41 . VI would be meaningless.The 1987 Constitution. Sec. in Section 21 of its Article VI. not just of Congress. but also of “any of its committees. like the power of contempt. recognizes the power of investigation.

The Court said that the power extends even to executive officials and the only way for them to be exempted is through a valid claim of executive privilege. What is “executive privilege”? It is the right of the President and high-level executive branch officials to withhold information from Congress. 180643 March 25. the accountability of public officers. the Senate cannot compel Neri to answer the three questions. the Supreme Court said that the communications sought to be elicited by the three questions are covered by the presidential communications privilege. 2008 diminish the concept of executive privilege? No.O. the right of the people to information on matters of public concern. 464 on March 6. On the first question. No. the courts and the public. 2008. Executive privilege may still be invoked despite the President’s revocation of E. How did the Supreme Court resolve these issues? The Supreme Court first recognized the power of Congress to conduct inquiries in aid of legislation. Senate Committee? This case is about the Senate investigation of anomalies concerning the NBN-ZTE project. When the Senate cited him in contempt and ordered his arrest. c. NERI. AND SENATE COMMITTEE ON NATIONAL DEFENSE AND SECURITY. the Supreme Court ruled in favor of Neri and upheld the claim of executive privilege. It is a privilege of confidentiality which applies to certain types of information of a sensitive character that would be against the public interest to disclose. respondents. Did the Senate Committees commit grave abuse of discretion in citing Neri in contempt and ordering his arrest? Is executive privilege absolute? No. and the judicial power to secure evidence in deciding cases. which is one type of executive privilege. like the state policy of full public disclosure of all transactions involving public interest. Whether the President followed up on the NBN project? b. What is the case of Neri vs. SENATE COMMITTEE ON TRADE AND COMMERCE. Were you dictated to prioritize the ZTE? ROMULO L. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS. Any claim of executive privilege must be weighed against other interests recognized by the constitution.” a. Hence.O. 2008 ON THE CONTENTS OF THE SUPREME COURT DECISION: What reasons were given for the claim of executive privilege? Executive Secretary Ermita said that “the context in which executiveprivilege is being invoked is that the information sought to bedisclosed might impair our diplomatic as well as economic relationswith the People’s Republic of China.G. On March 25. Did the revocation by the President of E.R. 42 . During the hearings. Executive privilege is based on the constitution because it relates to the President’s effective discharge of executive powers. 464 because it is based on the constitution. Its ultimate end is to promote public interest and no other.” Neri further added that his “conversations with the President dealt with delicate and sensitive national security and diplomatic matters relating to theimpact of the bribery scandal involving high government officials and the possible loss of confidence of foreign investors and lenders in the Philippines. petitioner. former NEDA head Romulo Neri refused to answer certain questions involving his conversations with President Arroyo on the ground they are covered by executive privilege. Are the communications sought to be elicited by the three questions covered by executive privilege? b. Whether the President said to go ahead and approve the project after being told about the alleged bribe? ISSUES: a. the power of legislative inquiry. Neri filed a case against the Senate with the Supreme Court. vs.

It pertains to “communications.deliberative ones. In what cases is the claim of executive privilege highly recognized? The claim of executive privilege is highly recognized in cases where the subject of inquiry relates to a power textually committed by the constitution to the President. The presumption can be overcome only by mere showing of public need by the branch seeking access to presidential communications. and diplomatic powers of the President. state secrets (regarding military. It includes “advisory opinions. the presidential communications privilege covers senior presidential advisors or Malacanang staff who have “operational proximity” to direct presidential decision-making. Is there a presumption in favor of presidential communications? Yes. and covers final and post-decisional materials as well as pre. the Supreme Court said that the Senate Committees committed grave abuse of discretion in citing Neri in contempt. the presidential communications privilege applies to documents in their entirety. appointing. What specifically are the executive privileges relating to deliberations or communications of the President and other government officials? These are the presidential communications privilege and the deliberative process privilege. diplomatic and other security matters) b. documents or other materials that reflect presidential decision-making and deliberations and that the President believes should remain confidential”. presidential communications What is the type of executive privilege claimed in this case? The type of executive privilege claimed in this case is the presidential communications privilege. What are the elements of the presidential communications privilege? 43 . Aside from the President. Hence. deliberative process d. information related to pending investigations e. pardoning. recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated. The presumption is based on the President’s generalized interest in confidentiality. Moreover. identity of government informers c. What are the types of executive privilege? a. the Senate order citing Neri in contempt and ordering his arrest was not valid. such as the commander-in-chief. The privilege is necessary to guarantee the candor of presidential advisors and to provide the President and those who assist him with freedom to explore alternatives in the process of shaping policies and making decisions and to do so in a way many would be unwilling to express except privately.” Unlike the deliberative process privilege. congressional or judicial negation of the presidential communications privilege is always subject to greater scrutiny than denial of the deliberative process privilege. Information relating to these powers may enjoy greater confidentiality than others. Who are covered by the presidential communications privilege? How are the presidential communications privilege and the deliberative process privilege distinguished? The presidential communications privilege applies to decision-making of the President. The deliberative process privilege applies to decision-making of executive officials. Presidential communications are “presumptively privileged”.On the second question.

The right to information is subject to limitation. Second. These are functions which involve “quintessential and non-delegable presidential powers” such as the powers of the president as commander-in-chief (i. Yes. and the following statement of grounds by Executive Secretary Ermita satisfies the requirement: “The context in which executive privilege is being invoked is that the information sought to be disclosed might impair our diplomatic as well as economic relations with the People’s Republic of China. closed-door Cabinet meetings. No. 2007 and was questioned for 11 hours. who as a Cabinet member can be considered a close advisor of the President. the power to receive ambassadors. or to suspend the privilege of the writ of habeas corpus). b. to call out the armed forces to suppress violence. b. The Senate’s rules of procedure on inquiries in aid of legislation were not duly published. 44 . the subject of inquiry.Does the grant of the claim of executive privilege violate the right of the people to information on matters of public concern? a.” The particular ground must only be specified. The communication must be authored or “solicited and received” by a close advisor of the President or the President himself. for the following reasons: a. The grounds relied upon by Executive Secretary Ermita are specific enough. The protected communication must relate to a “quintessential and non-delegable presidential power”. There was a legitimate claim of executive privilege. 26. the Senate Committees have not adequately shown a compelling need for the answers to the three questions in the enactment of a law and of the unavailability of the information elsewhere by an appropriate investigating authority. there must be a formal claim by the President stating the “precise and certain reason” for preserving confidentiality. The communications elicited by the three questions are covered by the presidential communications privilege because: a. the communications relate to the power of the President to enter into an executive agreement with other countries. For the claim to be properly invoked.. to declare martial law. except the three questions. Third. c. since what is required is only that an allegation be made “whether the information demanded involves military or diplomatic secrets. and the power to negotiate treaties and to enter into execute agreements. d. c. such as executive privilege.” Are the elements of the presidential communications privilege present in this case? Yes. He also expressed his willingness to answer more questions from the Senators. the communications are received by Neri. The advisor must be in “operational proximity” with the President. etc. The contempt order lacked the required number of votes.e. the power to appoint officials and remove them. c. b. Neri appeared before the Senate on Sept. First. Congress cannot claim that every legislative inquiry is an exercise of the people’s right to information. and the questions to be asked. the power to grant pardons and reprieves. c. The privilege is a qualified privilege that may be overcome by a showing of adequate or compelling need that would justify the limitation of the privilege and that the information sought is unavailable elsewhere by an appropriate investigating agency. What are examples of “quintessential and non-delegable presidential powers” which are covered by the presidential communications privilege? Was the claim of executive privilege properly invoked by the President in this case? The privilege covers only those functions which form the core of presidential authority. What reasons were given by the Supreme Court in holding that it was wrong for the Senate to cite Neri in contempt and order his arrest? a. b. The Senate’s invitations to Neri did not include the possible needed statute which prompted the inquiry. The right of Congress to obtain information in aid of legislation cannot be equated with the people’s right to information.

The contempt order is arbitrary and precipitate because the Senate did not first rule on the claim of executive privilege and instead dismissed Neri’s explanation as unsatisfactory. and the right of the people to information on matters of public concern. Hence. IMPLICATIONS OF THE SUPREME COURT DECISION: Who has the burden of showing whether or not a claim of executive privilege is valid? Executive privilege is in derogation of the search for truth. the party seeking disclosure of the information has the burden of overcoming the presumption in favor of the confidentiality of Presidential communications.e. It is also inconsistent with constitutional provisions on transparency in governance and accountability of public officers. Ermita (April 20. This presumption is inconsistent with the Court’s earlier statement in Senate vs. 45 . 2006) that “the presumption inclines heavily against executive secrecy and in favor of disclosure”. However. the decision recognized Presidential communications as presumptively privileged.

" Consequently. there is no legal impediment to the Joint Committee completing the tasks assigned to it and transmitting its report for the approval of the joint public session of both Houses of Congress. adjourn sine die until it has accomplished its constitutionally mandated tasks. Fugoso. January 29 1968) Since the Twelfth Congress has not yet completed its non-legislative duty to canvass the votes and proclaim the duly elected President and Vice-President. Section 7 of the same Article provides that "[t]he Members of the House of Representatives shall be elected for a term of three years which shall begin. and cannot. at noon on the thirtieth day of June next following their election. Congress. unless otherwise provided by law. Sundays. Section 4 of Article VIII also of the Constitution clearly provides that "[t]he term of office of the Senators shall be six years and shall commence." Similarly. Petitioner posits that with "the adjournment sine die on June 11.. 23 SCRA 1374. its existence as the National Board of Canvassers. In fact. Article VI of the Constitution which reads: Sec. Commission on Elections. petitioner goes on. [i]llegal and unconstitutional following the adjournment sine die of both Houses of Congress of their regular sessions on June 11." Henceforth. and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session. For only when a board of canvassers has completed its functions is it rendered functus officio. 383." HELD: this Court finds that the petition has absolutely no basis under the Constitution and must. at noon on the thirtieth day of June next following their election. such as that of being the National Board of Canvassers. has not become functus officio. despite the adjournment sine die of Congress. and legal holidays. Article VII of the Constitution. Pimentel. unless otherwise provided by law. G. which may reconvene without need of call by the President to a special session. The Congress shall convene once every year on the fourth Monday of July for its regular session. as well as that of the Joint Committee to which it referred the preliminary tasks of authenticating and canvassing the certificates of canvass. (Pelayo v. exclusive of Saturdays. however. unless a different date is fixed by law. Article VII of the Constitution to canvass the votes for and to proclaim the newly elected President and Vice-President has not. June 22. but it retains its authority as a board until it has accomplished its purposes. seeks a judgment declaring null and void the continued existence of the Joint Committee of Congress (Joint Committee) to determine the authenticity and due execution of the certificates of canvass and preliminarily canvass the votes cast for Presidential and Vice-Presidential candidates in the May 10. The President may call a special session at any time. the present Twelfth Congress to which the present legislators belong cannot be said to have "passed out of legal existence." he cites in support thereof Section 15. of which he is an incumbent member. 1385 [1968]. 46 . but to its regular annual legislative sessions and the mandatory 30-day recess before the opening of its next regular session (subject to the power of the President to call a special session at any time). 2004. Jr. As for petitioner's argument that "the existence and proceedings of the Joint Committee of Congress are invalid. 60 Phil. 163783. 389 [1934] and Aquino v. Section 15. the joint public session of both Houses of Congress convened by express directive of Section 4. Section 42 of Rule XIV of the Rules adopted by the Senate. 2004 elections following the adjournment of Congress sine die on June 11. Article VI of the Constitution cited by petitioner does not pertain to the term of Congress.R. but this does not affect its nonlegislative functions. until June 30. 2004. [its] term ... 2004. 2004. citing Bautista v.Act as board of canvassers for presidential election Pimentel v.. In sum. 2004 Senator Aquilino Q. Its membership may change. Contrary to petitioner's argument. "all pending matters and proceedings terminate upon the expiration of . therefore. 2004. there being no law to the contrary. Joint Committee." The legislative functions of the Twelfth Congress may have come to a close upon the final adjournment of its regular sessions on June 11. This section clearly provides that the Senate shall convene in joint session during any voluntary or compulsory recess to canvass the votes for President and Vice-President not later than thirty days after the day of the elections in accordance with Section 4. Commission on Elections. terminated and expired on the said day and the said Twelfth Congress serving the term 2001 to 2004 passed out of legal existence. the term of the present Twelfth Congress did not terminate and expire upon the adjournment sine die of the regular session of both Houses on June 11. 2004 by the Twelfth Congress of its last regular session. 15. be dismissed. L28392.