Consti Reviewer

FRATERNAL ORDER
SCHOOL OF LAW
OF
ATENEO DE MANILA UNIVERSITY
UTOPIA
ARIS S. MANGUERA
MANGUERA OUTLINE CONSTITUTIONAL LAW I

COMPREHENSIVE VERSION
PRELIMINARIES
I. Political Law A. Definition of Political Law B. Subdivisions of Political Law C. Basis of Philippine Political Law Constitution A. Definition of Constitution B. Philosophical View of the Constitution C. Purpose of Constitution D. Classifications of Constitutions E. Qualities of a Good ritten Constitution F. Essential Parts of a Good ritten Constitution G. Per!anenc" and Generalit" of constitutions #. $nterpretation%Construction of Constitution $. Brief Constitutional #istor" &. 'he ()*+ Constitution
Branch of public law( which deals with the or/ani0ation and operation of the /overn!ental or/ans of the state and defines the relations of the state with the inhabitants of its territor".1 B. Su !i"isions of Political Law (. Law of public ad!inistration 1. Constitutional law 2. Ad!inistrative law 4. Law of public corporations2 C. Basis of P#ilippine Political Law 'he principles of /overn!ent and political law of the Philippines are funda!entall" derived fro! A!erican 3urisprudence. 'his conditions was the inevitable outco!e of the establish!ent of the A!erican rule in the Philippines. hen Spain ceded the Phils. to the 4S5 the Spanish Political laws were auto!aticall" displaced b" those of the 4S.6 II. CONSTIT$TION A. Definition of Constitution Comprehensive Definition: 'hat bod" of rules and !a7i!s in accordance with which the powers of soverei/nt" are habituall" e7ercised.8 9Coole": American sense% A constitution is a written instru!ent b" which the funda!ental powers of /overn!ent are established5 li!ited5 and defined and b" which these powers are distributed a!on/ several depart!ents5 for their !ore safe and useful e7ercise5 for the benefit of the bod" politic. 9&ustice ;iller <uoted b" Bernas: With particular reference to the Philippine Constitution= 'hat written instru!ent enacted b"
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II.
III. Constitutional Law A. Concept of Constitutional Law B. '"pes of Constitutional Law IV. Basic Concepts A. Constitutionalis! B. Philippine Constitutionalis! C. Doctrine of Constitutional Supre!ac" D. ,epublicanis! E. Principle of Separation of Powers -. S"ste! of Chec.s and Balances G. &udicial ,eview #. Due Process I. POLITICAL LAW A. Definition of Political Law
Public law is understood as dealing with matters affecting the state, the act of state agencies, the protection of state interests. Private law deals with the regulation of the conduct of private individuals in their relation with one another. As thus conceived public law consists of political law, criminal law and public international law. Private law includes civil and commercial law. 2 icente !inco, Philippine Political "aw 1, 1#th ed., 1$%4. & icente !inco, Philippine Political "aw 1, 1#th ed., 1$%4. 4 icente !inco, Philippine Political "aw 2, 1#th ed., 1$%4. % 'his definition is comprehensive enough to cover written and unwritten constitutions. (Cru), Constitutional "aw*
I sweat, I bleed, I soar Service, Sacrifice, Excellence
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direct action of the people b" which the funda!ental powers of the /overn!ent are esta lis#e!5 li&ite! and !efine!' and b" which those powers are !ist(i ute! a!on/ several depart!ents for their safe and useful e7ercise for the benefit of the bod" politic. 9;alcol!5 Philippine Constitutional Law5 p. >: In other or!s" It is t#e sup(e&e w(itten law of t#e lan!.> B. P#ilosop#ical View of t#e Constitution 'he Constitution is a social contract. 9;arcos v. ;an/lapus: Viewed in the li/ht of the Social Contract 'heories5 the Constitution !a" be considered as the Social Contract itself in the sense that it is the ver" basis of the decision to constitute a civil societ" or State5 breathin/ life to its 3uridical e7istence5 la"in/ down the fra!ewor. b" which it is to be /overned5 enu!eratin/ and li!itin/ its powers and declarin/ certain funda!ental ri/hts and principles to be inviolable. 'he Constitution as a political docu!ent !a" be considered as the concrete !anifestation or e7pression of the Social Contract or the decision to abandon the ?state of nature@ and or/ani0e and found a civil societ" or State. Accordin/ to Dean Baustista5 Athe Constitution is a social contract between the /overn!ent and the people5 the /overnin/ and the /overned.B+ (ASM: I dont necessarily agree with this statement. As a social contract, the Constitution, I think is a contract between and among the people themsel es and not between the go ernment and the people. !he go ernment is only an "e##ect$ or conse%uence o# the social contract o# the people. In other words, the go ernment is only a creature o# the Constitution. &ence, the go ernment cannot be a party to a contract that creates it. In the '()* +hilippine Constitution, it reads, ",e the so ereign -ilipino people.in order to build a .society and establish a go ernment. ordain and promulgate this Constitution.$/ Accordin/ to Dean Bautista5 Athe Constitution reflects !a3oritarian values but defends !inoritarian ri/hts.B*
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C. Pu(pose of t#e Constitution 'o prescribe the per!anent fra!ewor. of a s"ste! of /overn!ent5 to assi/n to the several depart!ents their respective powers and duties5 and to establish certain first principles on which the /overn!ent is founded.) 9(( A!. &ur. >C> cited in Cru0: W#) woul! a societ) *ene(all) co&&itte! to &a+o(it) (ule c#oose to e *o"e(ne! ) a !ocu&ent t#at is !ifficult to c#an*e, a: 'o prevent t"rann" of the !a3orit" b: Societ"@s atte!pt to protect itself fro! itself. c* Protectin/ lon/ ter! values for! short ter! passions.(C D. Constitution as a Municipal Law A constitution is a !unicipal law. As such5 it is bindin/ onl" within the territorial li!its of the soverei/nt" pro!ul/atin/ the constitution.(( E. Classification A. 9(: ,i/id(1 91: -le7ible B. 9(: ritten(2 91: 4nwritten C. 9(: Evolved(6 91: Enacted D. 9(: Dor!ativeE ad3usts to nor!s 91: Do!inal Fnot "et full" operational 92: Se!anticEperpetuation of power 'he Constitution of the Philippines is written5 conventional and ri/id.
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Andres D. ,autista, 0ntroduction to Constitutional "aw 1, !lide 4 1une 1+, 2##/.

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See People v. Pomar, 4+ Phil 44#. ,ernas Commentar- ...vii (2##& ed*. / Andres D. ,autista, 0ntroduction to Constitutional "aw 1, !lide & 1une 1+, 2##/. 2 Andres D. ,autista, 0ntroduction to Constitutional "aw 1, !lide & 1une 1+, 2##/.3 4a5oritarianism is a traditional political philosophwhich asserts that a ma5orit- of the population is entitled to a certain degree of primac- in the societ-, and has the right to ma6e decisions that affect the societ-.
,ernas Commentar-, p %(2##& ed*. Ri#i! constitution is one that can be a!ended onl" b" a for!al and usuall" difficult processG while a fle$i%le constitution is one that can be chan/ed b" ordinar" le/islation. 9Cru05 Constitutional Law p 8: 1& A ritten constitution is one whose precepts are e!bodied in one docu!ent or set of docu!entsG while an un ritten constitution consists of rules which have not been inte/rated into a sin/le5 concrete for! but are scattered in various sources5 such as statues of a funda!ental character5 3udicial decisions5 co!!entaries of publicists5 custo!s and traditions5 and certain co!!on law principles. 9Cru05 Constitutional Law pp 6E8: 14 An enacte! or conventional constitution is enacted5 for!all" struc. off at a definitive ti!e and place followin/ a conscious or deliberate effort ta.en b" a constituent bod" or rulerG while a cumulative or evolve! is the result of political evolution5 not inau/urated at an" specific ti!e but chan/in/ b" accretion rather than b" s"ste!atic !ethod. 9Cru05 Constitutional Law p 8:
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-. .ualities of *oo! w(itten constitution
1. 2. &. 1. 2. &.
Broad(8 Brief(> Definite(+
/. Essential pa(ts of a *oo! w(itten constitution Constitution of /overn!ent(* Constitution of libert"()
4. B(ief Constitutional 0isto() (. ;alolos Constitution 1. 'he A!erican ,e/i!e and the Jr/anic Acts 2. 'he ()28 Constitution 6. 'he &apanese 9Belli/erent: Jccupation 8. 'he ()+2 Constitution >. 'he ()*+ Constitution 5. T#e 3678 Constitution 'he ()*+ Constitution is the 6th funda!ental law to /overn the Philippines since it beca!e independent on &ul" 65 ()6>. Bac9*(oun! of t#e 3678 Constitution (. Procla!ation of the -reedo! Constitution a. +rocalamation 0o. '5 -ebruar" 185 ()*>5 announcin/ that she 9Cora0on A<uino: and VP Laurel were assu!in/ power. b. 12ecuti e 3rder 0o.', 9-ebrauar" 1*5 ()*>: c. +rocalamation 0o.4, ;arch 185 ()*>5 announced the pro!ul/ation of the Provisional 9-reedo!: Constitution5 pendin/ the draftin/ and ratification of a new Constitution. $t adopted certain provisions in the ()+2 Constitution5 contained additional articles on the e7ecutive depart!ent5 on /overn!ent reor/ani0ation5 and on e7istin/ laws. $t also provided of the callin/ of a Constitutional Co!!ission to be co!posed of 2CE8C !e!bers to draft a new Constitution. 1. Adoption of the Constitution a. +roclamation 0o. (5 creatin/ the Constitutional Co!!ission of 8C !e!bers. b. Approval of the draft Constitution b" the Constitutional Co!!ission on Jctober (85 ()*> c. Plebiscite held on -ebruar" 15 ()*+ d. +roclamation 0o. 5), proclai!in/ the ratification of the Constitution. 2. Effectivit" of the ()*+ Constitution= -e (ua() 2' 3678 -eatu(es of 3678 Constitution2: (. 'he new Constitution consists of (* articles and is e7cessivel" lon/ co!pared to the ()28 and ()+2 constitutions. 1. 'he independence of the 3udiciar" has been stren/thened with new provisions for appoint!ent thereto and an increase in its authorit"5 which now covers even political <uestions for!erl" be"ond its 3urisdiction. 2. 'he Bill of ,i/hts of the Co!!onwealth and ;arcos constitutions has been considerabl" i!proved in the ()*+
Constitution of soverei/nt"1C HSocial and econo!ic ri/htsI 0. Inte(p(etation1Const(uction of t#e Constitution23 $n -ransisco v #,5 the SC !ade reference to the use of wellEsettled principles of constitutional construction5 na!el"= 1. Verba Le/is11
2. &.
,atio le/is et ani!a12 4t !a/is valeat <ua! pereat16
I. Pe(&anence an! /ene(alit) of constitutions A constitution differs fro! a statute5 it is intended not !erel" to !eet e7istin/ conditions5 but to /overn the future. $t has been said that the ter! ?constitution@ i!plies an instru!ent of a per!anent nature.18
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Broad. ,ecause it provides for the organi)ation of the entire government and covers all persons and things within the territor- of the !tate and also because it must be comprehensive enough to provide for ever- contingenc-. (Cru), Constitutional "aw pp %7+* 1+ Brief. 0t must confine itself to basic principles to be implemented with legislative details more ad5ustable to change and easier to amend. (Cru), Constitutional "aw pp 47%* 1/ Definite. 'o prevent ambiguit- in its provisions which could result in confusion and divisiveness among the people. (Cru), Constitutional "aw pp 47%* 12 Constitution of Government. 'he series of provisions outlining the organi)ation of the government, enumerating its powers, la-ing down certain rules relative to its administration and defining the electorate. (e.. Art 0, 00, 000 and 08* 1$ Constitution of Liberty. 'he series of proscriptions setting forth the fundamental civil and political rights of the citi)ens and imposing limitations on the powers of government as a means of securing the en5o-ment of those rights. (9.. Article 000* 2# Constitution of Sovereignty. 'he provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law ma- be brought about. (9.. Art 8 00* 21 Antonio ,. :achura, ;utline<=eviewer in Political "aw (2##+ ed.* 22 Plain meaning rule. >henever possible the words used in the Constitution must be given their ordinar- meaning e.cept when technical terms are emplo-ed. 2& Interpretation according to spirit. 'he words of the Constitution should be interpreted in accordance with the intent of the framers. 24 'he constitution has to be interpreted as a whole. 2% =uling Case "aw, vol.+, p1+*
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Cru), Political "aw.
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ARIS S. MANGUERA different constitutional settin/s and needs.L $ndeed5 althou/h the Philippine Constitution can trace its ori/ins to that of the 4nited States5 their paths of develop!ent have lon/ since diver/ed. $n the colorful words of -ather Bernas5 <=w>e #a"e cut t#e u& ilical co(!.L? (8ut see the case o# Neri v& Senate Committees where the Court cited many American cases/ IV. BASIC CONCEPTS Constitutionalism Philippine Constitutionalism Doctrine of Constitutional Supremac' Repu%licanism Principle of Separation of Po ers S'stem of Chec(s an! )alances *u!icial Revie Due Process A. Constitutionalis& Constitutionalis! refers to the position or practice that /overn!ent be li!ited b" a constitution. 'he doctrine or s"ste! of /overn!ent in which the /overnin/ power is limited b" enforceable rules of law5 and concentration of power is li!ited b" various chec.s and balances so that the basic ri/hts of individuals and /roups are protected. B. P#ilippine Constitutionalis&
Constitution and even bolstered with the creation of a Co!!ission of #u!an ,i/hts. III. CONSTIT$TIONAL LAW A. Concept of Constitutional Law Constitutional law is a bod" of rules resultin/ fro! the interpretation b" a hi/h court of cases in which the validit"5 in relation to the constitutional instru!ent5 of so!e act of /overn!entKhas been challen/ed. 9Bernas Co!!entar" 777viii: Constitutional law is a ter! used to desi/nate the law e!bodied in the constitution and the le/al principles /rowin/ out of the interpretation and application !ade b" courts of the constitution in specific cases. 9Sinco5 Phil. Political Law: Constitutional law is the stud" of the !aintenance of the proper balance between authorit" represented b" the three inherent powers of the State and libert" as /uaranteed b" the Bill of ,i/hts. 9Cru05 Constitutional Law: Constitutional law consist not onl" of the constitution5 but also of the cases decided b" the Supre!e Court on constitutional /rounds5 i.e.5 ever" case where the ratio decidendi is based on a constitutional provision. 9DefensorESantia/o5 Constitutional Law: B. T)pes of Constitutional law28 (. En/lish t"pe1* 1. European continental t"pe1) 2. A!erican t"pe2C C. Wei*#t of A&e(ican 4u(isp(u!ence $n the case of -rancisco v. #,5 91CC2: 'he Supre!e Court spea.in/ throu/h &ustice Carpio ;orales opined= ;A!erican 3urisprudence and authorities5 !uch less the A!erican Constitution5 are of dubious application for these are no lon/er controllin/ within our 3urisdiction and have onl" li&ite! pe(suasi"e &e(it insofa( as P#ilippine constitutional law is conce(ne!. As held in the case of 6arcia s. C3M171C5 LHiIn resolvin/ constitutional disputes5 Hthis CourtI should not be be/uiled b" forei/n 3urisprudence so!e of which are hardl" applicable because the" have been dictated b"
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Constitutionalis! in the Philippines5 understood in the A!erican sense5 dates bac. to the ratification of 'reat" of Paris. 'hen it /rew fro! a series of or/anic docu!ents. 'hese are= 9(: Pres. ;c Minle"s@ $nstruction to the Second Phil. Co!!ission5 91: Phil. Bill of ()C15 (&* Phil. Autono!" Act of ()(>. 9Bernas5 Co!!entar" 777viii: C. Doct(ine of Constitutional Sup(e&ac) 91CC6 Bar E7a! Question: $f a law violates an" nor! of the constitution5 that law is null and voidG it has no effect. 9!his is an o erstatement, #or a law held unconstitutional is not always wholly a nullity: 'he A!erican case of Marbury . Madison laid down the classic state!ent on constitutional supre!ac"B A$t is a proposition too plain to be contested5 that the Constitution controls an" le/islative act repu/nant to it.B
icente !inco, Philippine Political "aw +/, 1#th ed., 1$%4. Characteri)ed b- the absence of a written constitution. 2$ 'here is a written constitution which gives the court no power to declare ineffective statutes repugnant to it. &# "egal provisions of the written constitution are given effect through the power of the courts to declare ineffective or void ordinar- statutes repugnant to it.
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Constitutional review.2( D. Repu licanis&
supre!ac"
produced
3udicial
A!erican soverei/nt" in the Philippines5 the principle was introduced as an inseparable feature of the /overn!ental s"ste! or/ani0ed b" the 4nited States in this countr".2+ Li&itations on t#e P(inciple (. S"ste! of Chec.s and Balances 2. E7istence of overlappin/ powers2* -. C#ec9s an! Balances 'he Constitution fi7es certain li!its on the independence of each depart!ent. $n order that these li!its !a" be observed5 the Constitution /ives each depart!ent certain powers b" which it !a" definitel" restrain the other fro! e7ceedin/ their authorit". A s"ste! of chec.s and balances is thus for!ed.2) 'o carr" out the s"ste! of chec.s and balances5 the Constitution provides= (. 'he acts of the le/islative depart!ent have to be presented to the e7ecutive for approval or disapproval. 1. 'he e7ecutive depart!ent !a" veto the acts of the le/islature if in its 3ud/!ent the" are not in confor!it" with the Constitution or are detri!ental to the interests of the people. 2. 'he courts are authori0ed to deter!ine the validit" of le/islative !easures or e7ecutive acts. 6. 'hrou/h its pardonin/ power5 the e7ecutive !a" !odif" or set aside the 3ud/!ents of the courts. %. 'he le/islature !a" pass laws that in effect a!end or co!pletel" revo.e decisions of the courts if in its 3ud/!ent the" are not in har!on" with its intention or polic" which is not contrar" to the Constitution.6C >. President !ust obtain the concurrence of Con/ress to co!plete certain si/nificant acts. /. ;one" can be released fro! the treasur" onl" b" authorit" of Con/ress.6( /. 4u!icial Re"iew
'he essence of republicanis! is representation and reno ation5 the selection b" the citi0enr" of a corps of public functionaries who derive their !andate fro! the people and act on their behalf5 servin/ for a li!ited period onl"5 after which the" are replaced or retained at the option of their principal.21 (More discussion o# 9epublicanism under Article II/ E. P(inciple of Sepa(ation of Powe(s Essence. $n essence5 separation of powers !eans that le/islation belon/s to Con/ress5 e7ecution to the e7ecutive5 settle!ent of le/al controversies to the 3udiciar". Each is prevented fro! invadin/ the do!ain of others. 9Bernas5 Co!!entar" >8>5 1CC2 ed.: :i ision and Assignment. $ts startin/ point is the assu!ption of the di ision of the functions of the /overn!ent into three distinct classesNthe e7ecutive5 the le/islative and the 3udicial. $ts essence consists in the assi#nment of each class of functions to one of the three or/ans of /overn!ent.22 T#eo(). 'he theor" is that Aa power definitel" assi/ned b" the Constitution to one depart!ent can neit#e( e su((en!e(e! no( !ele*ate! b" that depart!ent5 nor vested b" statute in another depart!ent or a/enc".B26 Reason. 'he underl"in/ reason of this principle is the assu!ption that arbitrar" rule and abuse of authorit" would inevitabl" result fro! the concentration of the three powers of /overn!ent in the sa!e person5 bod" of persons or or/an.28 ;ore specificall"5 accordin/ to &ustice Laurel5 the doctrine of separation of powers is intended to= (. Secure action 1. 'o forestall overaction 2. 'o prevent despotis! 4. 'o obtain efficienc"2> 0isto(). Separation of powers beca!e the pith and core of the American system o# go ernment lar/el" throu/h the influence of the -rench political writer ;ontes<uieu. B" the establish!ent of the
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Defensor !antiago, Constitutional "aw /. Cru), Political "aw. && icente !inco, Philippine Political "aw 1&1, 1#th ed., 1$%4. &4 >illiams v. ?!, 22$ ?! %%& (1$&&*. &% icente !inco, Philippine Political "aw 1&1, 1#th ed., 1$%4. &+ Pangasinan 'ransportaion Co. v. P!C, 4# ;.@., 2th !upp. %/.
?! v. ,ull, 1% Phil /, 2/. 'he power of appointment is one of these. Although this is e.ecutive in nature, it ma- however be validl- e.ercised b- an- of the three departments in selecting its own subordinates precisel- to protect its independence. ( icente !inco, Philippine Political "aw 1&+, 1#th ed., 1$%4*. &$ icente !inco, Philippine Political "aw 1&%, 1#th ed., 1$%4. 4# 'arlac v. @ale, 2+ Phil. &&2 cited in icente !inco, Philippine Political "aw 1&%, 1#th ed., 1$%4. 41 ,ernas, Commentar- +%+, 2##& ed.
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ARIS S. MANGUERA arbitrariness on the part of the /overn!ent. Jbservance of both substantive and procedural ri/hts is e<uall" /uaranteed b" due process.6* 9More discussion o# :ue +rocess under Article III:
Definition. &udicial review refers to the power of the courts to test the validit" of /overn!ental acts in li/ht of their confor!it" with a hi/her nor! 9e./. the constitution:. E@p(ession of Constitutional Sup(e&ac). &udicial review is not an assertion of superiorit" b" the courts over the other depart!ents5 but !erel" an e7pression of the supre!ac" of the Constitution.61 Constitutional supre!ac" produced 3udicial review5 which in turn led to the accepted role of the Court as Athe ulti!ate interpreter of the Constitution.B62 4u!icial Re"iew in P#ilippine Constitution. 4nli.e the 4S Constitution66 which does not provide for the e7ercise of 3udicial review b" their Supre!e Court5 the Philippine Constitution e7pressl" reco/ni0es 3udicial review in Section 8 91: 9a: and 9b: of Article V$$$ of the Constitution. 9More discussion o# ;udicial 9e iew under Article <III: 0. Due P(ocess O(i*in% B" the 2)th chapter of the ;a/na Carta wrun/ b" the barons fro! Min/ &ohn5 the despot pro!ised that Ano man shall be taken, imprisoned or dissei=ed or outlawed, or in any manner destroyed> nor shall we go upon him, nor send him, but by the law#ul ?udgment o# his peers or by the la of the lan!.B $n (2285 Min/ Edward $$$@s Statute 1* declared that Ano !an5 of what state or condition whoever be5 shall be put out of his lands5 or tene!ents5 nor ta.en5 nor i!prisoned5 nor indicted5 nor put to death5 without he be brou/ht in to answer b" !ue process of la .B $t is this i!!ortal phrase that has resounded throu/h the centuries as the for!idable cha!pion of life5 libert" and propert" in allEfreedo! lovin/ lands. 9Cru0: DefinitionAB% E!bodi!ent of the sportin/ idea of fai( pla).6> $t is the responsiveness to the supre!ac" of reason5 obedience5 to the dictates of 3ustice.6+ Due process is a /uarant" a/ainst
42 4&
Angara v. 9lectoral Commission, +& Phil 1&$. See Cooper v. Aaron, &%2 ?! 1 (1$%+* 44 'he case of Marbury v. Madison established the doctrine of 5udicial review as a core legal principle in American constitutional s-stemA B!o if a law be in opposition to the constitution3 of both the law and the constitution appl- to a particular case, so that the court must either decide that case conformabl- to the law, disregarding the constitution3 or conformabl- to the constitution, disregarding the law3 the court must determine which of these conflicting rules governs the case. 'his is the ver- essence of 5udicial dut-.C 4% 'he idea that laws and legal proceedings must be fair. Due process is best defined in one word7 fairness. 4+ -ran.furter5 ;r. &ustice #ol!es and the Supre!e Court pp 21E22 4/ Er!itaE;alate #otel O ;otors Association v. Cit" of ;anila
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('upas v. CA*
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ARIS S. MANGUERA independence and de!ocrac" under the rule of law and the re/i!e of truth5 3ustice5 freedo!5 love5 e<ualit" and peace.B III. Social Cont(act T#eo() AS;= $ sub!it that the Prea!ble is so!ehow a !anifestation of the Social Contract 'heor" as it states= A,e the so ereign -ilipino people.in order to build a.society and establish a go ernment. do ordain and promulgate this constitution.B
PREAMBLE
I& II& III& Meanin# +unction Social Contract ,heor' I. Meanin* Prea!ble !eans Ato wal. before.B 9+raeambulus: ,alking in #ront/ II. -unction -unction 3rigin@Authorship Scope and +urpose A. -unctions
1. 2. &.
$t sets down the ori/in5 scope and purpose of the Constitution.6) $t enu!erates the pri!ar" ai!s and e7presses the aspirations of the fra!ers in draftin/ the Constitution.8C 4seful as an aid in the construction and interpretation of the te7t of the Constitution.8(
,hus- Pream%le is a source of li#ht.81 $t is not a source of ri/hts or obli/ations. 9&acobson v. ;assachusetts5 ()+ 4.S. ((5 11 9()C8:. B. O(i*in1Aut#o(s#ip $ts ori/in5 or authorship5 is the will of the Asoverei/n -ilipino people.B 'he identification of the -ilipino people as the author of the constitution also calls attention to an i!portant principle= that the docu!ent is not 3ust the wor. of representatives of the people but of the people the!selves who put their !ar. of approval b" ratif"in/ it in a plebiscite.82 C. Scope an! Pu(pose A'o build a 3ust and hu!ane societ" as to establish a /overn!ent that shall e!bod" our ideals and aspirations5 pro!ote the co!!on /ood5 conserve and develop our patri!on"5 and secure to ourselves and our posterit" the blessin/s of
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,ernas Primer at 1 (2##+ ed.* Cru), Philippine Political "aw, p. 4$ (1$$% ed*. Cru), Philippine Political "aw, p. 4$ (1$$% ed*. ,ernas Primer at 1 (2##+ ed.* ,ernas Commentar-, p 4(2##& ed*.
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C. Si*nificance of Te((ito()
ARTICLE I% NATIONAL TERRITORC

I& II& III& ,erritor' Archipela#o Archipela#ic Principle I. Te((ito() A. W#at is Te((ito() 'erritor" is the fi7ed portion of the surface of the earth inhabited b" the people of the state.86 'erritor" as an ele!ent of a state !eans an area over which a state has effecti"e cont(ol.BB B. W#at !oes te((ito() inclu!e, 'erritor" includes land5 !ariti!e areas5 airspace and outer space.8> Ai(space o Each state has e7clusive 3urisdiction over the air above its territor". o 'he consent for transit !ust be obtained fro! the sub3ect nation. o Aircrafts not en/a/ed in international air service5 shall have the ri/ht to !a.e fli/hts into or in transit nonEstop across its territor" and to !a.e steps for nonEtraffic purposes without the necessit" of obtainin/ prior per!ission and sub3ect to the ri/ht of the State flown over to re<uire landin/. 9Chica/o Convention on $nternational Civil Action: Oute(space o Soverei/nt" over airspace e7tends onl" until where outerspace be/ins. 98CE(CC !iles fro! earth: Diffe(ent a(eas e)on! t#e lan! te((ito() o 'erritorial Seas 9(1 D.!i fro! baseline: o Conti/uous Pone 916 D.!i fro! baseline: o E7clusive Econo!ic Pone%Patri!onial Sea 91CC D.!i fro! baseline: o #i/h seas 9 aters be"ond territorial sea:
%4
%%
Control over territor" is of the essence of a state 9Las Pal!as case:. Certain ri/hts and authorit" are e7ercised within the state@s territor". (. State@s soverei/nt" is over its= o Land territor" 9and airspace above it: o $nternal aters 9and airspace above it and seabed under it: o Archipela/ic aters9 and airspace above it and seabed under it: o 'erritorial Sea 9and airspace above it and seabed under it: 1. 'he coastal state has a ri/ht a/ainst innocent passa/e8+ in its internal waters. 2. 'he coastal state e7ercises authorit" over the area 9conti/uous 0one: to the e7tent necessar" to prevent infrin/e!ent of custo!s5 fiscal5 i!!i/ration or sanitation authorit" over its territorial waters or territor" and to punish such infrin/e!ent. 6. 'he coastal state has ri/hts over the econo!ic resources of the sea5 seabed and subsoil. D. Scope of P#ilippine National Te((ito() Define! in A(ticle I' Section 3. $t includes= 9(: 'he Philippine archipela/oG 91: All other territories over which the Philippines has soverei/nt" or 3urisdictionG (&* 'he territorial sea5 seabed5 subsoil5 insular shelves and other sub!arine areas correspondin/ to 9(: and 91:. ;oreover5 9(: and 91: consist of terrestrial5 fluvial and aerial do!ains.8* E. Te((ito(ies Co"e(e! un!e( t#e Definition of A(ticle 3
1. 2.
&.
6.
'hose ceded to the 4S b" virtue of the T(eat) of Pa(is on Dece!ber (C5 (*)*. 'hose defined in the treat" concluded between the 4S and Spain 9T(eat) of Was#in*ton: on Dove!ber +5 ())C5 which were not defined in the 'reat" of Paris5 specificall" the islands of Ca/a"an5 Sulu and Sibuto. 'hose defined in the treat" concluded on &anuar" 15 ()2C5 between the 4S and Great Britain 9T(eat) wit# /(eat B(itain:5 specificall" the 'urtle and ;an/see islands. 'he island of Batanes5 which was covered under a /eneral state!ent in the ()28 Constitution.
Cru), Philippine Political "aw, p. 1+ (1$$% ed*. ,ernas, An 0ntroduction to Public 0nternational "aw, $/ (2##2 ed*. %+ ,ernas, An 0ntroduction to Public 0nternational "aw, $/ (2##2 ed*.
%/ %2
Passa/e that is not pre3udicial to the peace5 /ood order or securit" of the coastal state. ,ernas Primer at 4 (2##+ ed.*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA high sea #rom the rights o# #oreign essel to transit passage #or international na igation.$ )ernas" 'he reservation is ad cautelam. 'he clai! !ade in the Constitution too. effect in ()+2 before the ()*1 Law of the Sea Convention was for!ulated. Article *91: of the Convention itself sa"s that the new rule on archipela/ic waters applies onl" to Aareas which had not previousl" been considered asB internal waters.>( D. P#ilippine A(c#ipela*o 'he Philippine archipela/o is that bod" of water studded with islands which is delineated in the 'reat" of Paris5 !odified b" the 'reat" of ashin/ton and the 'reat" of Great Britain. III. A(c#ipela*ic P(inciple Archipela#ic Doctrine Archipela#o Doctrine of Article I Elements of Archipela#ic Doctrine Purpose of Archipela#ic Doctrine A. A(c#ipela*ic Doct(ine 9()*) Bar Question: $t is the principle whereb" the bod" of water studded with islands5 or the islands surrounded with water5 is "iewe! as a unit) of islands and waters to/ether for!in/ one inte*(ate! unit. -or this purpose5 it re<uires that baselines be drawn b" connectin/ the appropriate points of the Aouter!ost islands to encircle the islands within the archipela/o. e consider all the waters enclosed b" the strai/ht baselines as internal waters.>1 B. Ele&ents of A(c#ipela*ic Doct(ine
%.
'hose conte!plated in the phrase Abelon/in/ to the Philippines b" historic ri/ht or le/al titleB in the ()+2 Constitution.8)
E. ;All ot#e( te((ito(ies w#ic# t#e P#ilippines #as so"e(ei*nt) an! +u(is!iction.? 'his includes an" territor" which presentl" belon/s or !i/ht in the future belon/ to the Philippines throu/h an" of the internationall" !odes of ac<uirin/ territor". o Batanes islands o 'hose belon/in/ to the Philippines b" historic ri/ht or le/al title 9Sabah5 the ;arianas5 -reedo!land: II. A(c#ipela*o Archipela#o Archipela#ic State Archipela#ic Waters Philippine Archipela#o A. A(c#ipela*o Archipela/o is a bod" of water studded with islands.>C B. A(c#ipela*ic State Archipela/ic state !eans a state constituted wholl" b" one or !ore archipela/os and !a" include other islands. 9Article 6> 9a: of 4DCLJS: C. A(c#ipela*ic Wate(s Accordin/ to 4DCLJS5 Archipela/ic waters refers to areas enclosed as internal waters b" usin/ the baseline !ethod hich ha! not %een previousl' consi!ere! as internal aters. (See Article 82 of 4DCLJS:
A(ticle 7D2E of $NCLOS% ,here the establishment o# a straight baseline in accordance with the method set #orth in Article * has the e##ect o# enclosing as internal waters areas which had not pre iously been considered as such, a right o# innocent passage as pro ided in this Con ention shall e2ist in those waters.
1.
Definition of internal waters>2 1. 'he strai/ht line !ethod of delineatin/ the territorial sea. Strai/ht Baseline ;ethodE drawn connectin/ selected points on the coast without departin/ to an" appreciable e7tent fro! the /eneral direction of the coast. ,A 2C6> and ,A 866> have drawn strai/ht baselines around the Philippines. 9'he proble! with the strai/ht baseline !ethod is that it conflicts with the Law of the Sea because it reco/ni0es the ri/ht of innocent passa/e in archipela/ic waters. 'hat is wh" we !ade a
+1 +2 +&
Accordin/ to 4DCLJS5 in Aarchipela/ic watersB5 a ri/ht of innocent passa/e shall e7ist in these waters. But' the Philippines !ade a reservation5 thus5 A !he concept o# archipelagic waters is similar to the concept o# internal waters under the Constitution o# the +hilippines, and remo es straits connecting these waters with the economic =one or
%$ +#
,ernas Commentar-, p 22(2##& ed*. Cru), Philippine Political "aw, p. 1/ (1$$% ed*.
Cru), Philippine Political "aw, p. 12 (1$$% ed*. ,ernas Primer at 4 (2##+ ed.*
$nternal waters refer to Aall waters landwards fro! the baseline of the territor".B Dote= 'he Philippines considers all waters connectin/ the islands as internal waters.
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA coastal state !a" e7ercise control necessar" to prevent infrin/e!ent of its custo!s5 fiscal5 i!!i/ration or sanitar" laws and re/ulations within its territor" or territorial sea. 9Article 22 of the Convention on the Law of the Sea.: 'he EEP e7tends 1CC nautical !iles fro! the baseline. 'he EEP is reco/ni0ed in the 4D Convention on the Law of the Sea. Althou/h it is not part of the national territor"5 e7clusive econo!ic benefit is reserved for the countr" within the 0one. B" virtue of PD (8))5 the Philippine declares that it has soverei/n ri/hts to e7plore5 e7ploit5 conserve and !ana/e the natural resources of the seabed5 subsoil5 and super3acent waters. Jther states are prohibited fro! usin/ the 0one e7cept for navi/ation and overfli/ht5 la"in/ of sub!arine cables and pipeline5 and other lawful uses related to navi/ation and co!!unication. .% Distin*uis# t#e fla* state an! t#e fla* of con"enience. 91CC6 Bar Question: -la/ state !eans a ship has the nationalit" of the fla/ of the state it flies5 but there !ust be a /enuine lin. between the state and the ship. 9Article )( of the Convention on the Law of the Sea: -la/ of convenience refers to a state with which a vessel is re/istered for various reasons such as low or nonEe7istent ta7ation or low operatin/ costs althou/h the ship has no /enuine lin. with the state. 9#arris5 Cases and ;aterials on $nternational Law5 8th ed.5 ())*5 p. 618.:
reservation. #owever5 as Bernas pointed out5 the reservation is ad cautelam/ C. Pu(poses of A(c#ipela*ic Doct(ine (. 'erritorial $nte/rit" 1. Dational Securit" 2. Econo!ic reasons $t is said that the purpose of archipela/ic doctrine is to protect the territorial inte/rit" of the archipela/o. ithout it5 there would be Apoc.ets of hi/h seasB between so!e of our islands and islets5 thus forei/n vessels would be able to pass throu/h these Apoc.ets of seasB and would have no 3urisdiction over the!. D. A(c#ipela*o Doct(ine in A(ticle I' Section 3 9()*) Bar Question: "!he waters around, between and connecting the islands o# the archipelago, regardless o# their breadth and dimensions, #orm part o# internal waters o# the +hilippines$ .% Diffe(entiate a(c#ipela*ic wate(s' te((ito(ial sea an! inte(nal wate(s. 91CC6 Bar Question: A% Accordin/ to 4DCLJS5 Archipela/ic waters refers to areas enclosed as internal waters b" usin/ the baseline !ethod hich ha! not %een previousl' consi!ere! as internal aters. (See Article 82 of 4DCLJS: 'erritorial sea is an ad3acent belt of sea with a breadth of (1 nautical !iles !easured fro! the baselines of a state and over which the state has soverei/nt". 9Article 15 2 of 4DCLJS: $nternal waters refer to Aall waters landwards fro! the baseline of the territor".B $s fro! which the breadth of territorial sea is calculated. 9Brownlie5 Principles of P$L: Do ri/ht of innocent passa/e for forei/n vessels e7ist in the case of internal waters. 9#arris5 Cases and ;aterial on $nternational Law5 8th ed.5 ())*5 p.6C+: 4nder Section (5 Article $ of the ()*+ Constitution5 the internal waters of the Philippines consist of the waters around between and connectin/ the islands of the Philippine archipela/o re/ardless of their breadth and di!ensions includin/ the waters in ba"s5 rivers5 and la.es. .% Distin*uis# (iefl) ut clea(l) etween t#e conti*uous Fone an! t#e e@clusi"e econo&ic Fone. 91CC6 Bar Question: Conti/uous 0one is a 0one conti/uous to the territorial sea and e7tends up to twelve nautical !iles fro! the territorial sea and over which the
(C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
8808. ARTICLE II DECLARATION O- PRINCIPLES AND STATE POLICIES

I&
+ull Pu%lic Disclosure 9Q1*: I. P(inciples an! State Policies
A. Desc(iption 'his portion of the Constitution 9Article $$: !i/ht be called the asic political c(ee! of t#e nation.:A B. -unction of t#e ;Decla(ation of P(inciples an! State Policies? in t#e Constitution $t is the state!ent of the basic ideolo/ical principles and policies that underlie the Constitution. As such5 the provisions shed li/ht on the !eanin/ of the other provisions of the Constitution and the" are a *ui!e fo( all !epa(t&ents of the /overn!ent in the i!ple!entation of the Constitution.>8 C. W#at a(e P(inciples, W#at a(e Policies,
00.
PRINCIP.ES
Principles an! State Policies State as a .e#al Concept Repu%licanism 9Q (: Incorporation Clause 9Q1: Supremac' of Civilian Defense of State 9Q6: Peace an! Or!er9Q8: Separation of Church an!
000. 0 . .
Authorit'9Q2:
0. 00. 000.
State 9Q>: S,A,E PO.ICIES
08.
Polic'9Q+:
In!epen!ent +orei#n +ree!om from Nuclear *ust an! D'namic Social Or!er 9Q): Promotion of Social *ustice 9Q(C: Respect for Human Di#nit'9Q((: +amil'5 Rearin# the /outh 9QQ (1E(2:
8.
Weapons9Q*:
P(inciples are bindin/ rules which !ust be observed in the conduct of the /overn!ent.>> Policies are /uidelines for the orientation of the state.>+ Note= 'he distinction between principles and polices is of little si/nificance because not all of the si7 AprinciplesB are selfEe7ecutor" and so!e of the ApoliciesB alread" anchor 3usticiable ri/hts.>* o Section 8 9!aintenance of peace and orderKpro!otion of /eneral werlfareK: is a !ere /uideline. 9Section (> 9ri/ht of the people to a balanced and healthful ecolo/" is ri/htE conferrin/ provisions. 9Jposa vs. -actoran: Section 3. 'he Philippines is a de!ocratic and republican State. Soverei/nt" resides in the people and all /overn!ent authorit" e!anates fro! the!. II. State as a Le*al Concept :e#inition o# a State 1lements o# a State 6o ernment Acts o# State State Immunity
+4
80. 800. 8000. 80 . 8 .

0VI&
Women9Q(6: Health 8 00. )alance! an! healthful Ecolo#'9QQ(8E(>: 8 000. E!ucation- Science an! ,echnolo#'9Q(+: 808. .a%or9Q(*:
88. 880.
Enterprise 9Q1C:
Econom'9Q(): Private Sector an! Private
Comprehensive Rural Development 9Q1(: 88000. In!i#enous Cultural Communities 9Q11: 880 . Sectoral Or#ani1ations 9Q12:
8800.
88 . 88 88 00. 88
Communication an! Information 9Q16: 0. .ocal Autonom' 9Q18:
See 'anada v. Angara. See icente !inco, Philippine Political "aw 11+ (11th ed., 1$+2*.
+%
++
E2ual Access to Opportunities 9Q1>: 000. Pu%lic Service 9Q1+:
,ernas Primer at /(2##+ ed.* See 0 =9C;=D ;F 'D9 C;:!'0'?'0;:A" C;440!!0;: /+2 and %2#. +/ See 0 =9C;=D ;F 'D9 C;:!'0'?'0;:A" C;440!!0;: /+2 and %2#.
+2
,ernas Commentar-, p &/(2##& ed*.
((
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
A. Definition of a State A state refers to a co!!unit" of persons5 !ore or less nu!erous5 per!anentl" occup"in/ a definite portion of territor"5 independent of e7ternal control5 and possessin/ an or/ani0ed /overn!ent to which the /reat bod" of inhabitants render habitual obedience.>) B. Ele&ents of a State (. People 1. 'erritor" 2. Soverei/nt" 6. Govern!ent 3. People A co!!unit" of persons sufficient in nu!ber and capable of !aintainin/ the continued e7istence of the co!!unit" and held to/ether b" a co!!on bond of law.+C Diffe(ent Meanin*s of ;People? as use! in t#e Constitution% 1. $nhabitants+(
a. So"e(ei*nt) 'he supre!e and uncontrollable power inherent in a State b" which that State is /overned.++ $n autoEli!itation ter!s= $t is the propert" of a StateE force due to which it has the e2clusi e capacity o# legal determination and restriction. . 5in!s% (. Le/al 1. Political 2. $nternal 6. E7ternal Le*al So"e(ei*nt). Cru1" Le/al soverei/nt" is the authorit" which has the power to issue final co!!ands. $n our countr"5 the Con/ress is the le/al soverei/n.+* )ernas" Le/al soverei/nt" is the supre!e power to affect le/al interests either b" le/islative5 e7ecutive or 3udicial action. 'his is lod/ed in the people but is nor!all" e7ercised b" state a/encies+) 3)ernas" +olitical writers distinguish between legal so ereignty and political so ereignty. !he #ormer is described as the supreme power to make laws and the latter as the sum total o# all in#luences in a state, legal or nonBlegal, which determine the course o# law. Sinco pre#ers not to make the distinction and places legal so ereignty in the state itsel# considered as a ?uridical person.4 Political So"e(ei*nt) Su! total of all the influences of a State5 le/al and nonEle/al which deter!ine the course of law. Inte(nal So"e(ei*nt) $t refers to the power of the State to control its do!estic affairs. $t is the supre!e power over ever"thin/ within its territor". E@te(nal So"e(ei*nt)
//
/2
2. &. 4.
Electors+1 Citi0ens+2 Soverei/n. 'he people or/ani0ed collectivel" as a le/al association is the state which soverei/nt" resides.+6
2. Te((ito() 'erritor" is the fi7ed portion of the surface of the earth inhabited b" the people of the state.+8 'erritor" as an ele!ent of a state !eans an area over which a state has effecti"e cont(ol.8: G. So"e(ei*nt) :e#inition Ainds Characteristics 1##ects o# 8elligerent 3ccupation 1##ects o# Change in So ereignty :ominium . Imperium ;urisdiction "So ereignty resides in the people$
+$ /#
,ernas Commentar-, p &$ (2##& ed*. ,ernas Commentar-, p 4# (2##& ed*. /1 Article 00, !ection 1%, 1+3 Article 000, !ection 23 Article 8000, !ection 1. /2 Article 00, !ection 43 Article 8 0, !ection 23 Article 8 000, !ection 2%* /& Article 00, !ection 43 Article 000, !ection /.
/4
@arner cited in Cru), Philippine Political "aw, p. 2+ (1$$% ed*. Cru), Philippine Political "aw, p. 2+ (1$$% ed*.
/$
Preamble3 Article 00, !ection 1.
/%
/+
Cru), Philippine Political "aw, p. 1+ (1$$% ed*. ,ernas, An 0ntroduction to Public 0nternational "aw, $/ (2##2 ed*.
,ernas Primer at 2 (2##+ ed.*3 !ection 1 of Article 00 sa-sA B!overeignt- resides in the people an all government authoritemanates from them.C !overeignt- in this sentence therefore can be understood as the source of ultimate legal authorit-. !ince the ultimate law in the Philippine s-stem is the constitution, sovereignt-, understood as legal sovereignt-, means the power to adapt or alter a constitution. 'his power resides in the BpeopleC understood as those who have a direct hand in the formulation, adoption, and amendment or alteration of the Constitution. (,ernas Commentar-, p %% (2##& ed*.
(1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA f. I&pe(iu& ". Do&iniu& I&pe(iu&. State@s authorit" to /overn. Covers such activities as passin/ laws5 /overnin/ territor"5 !aintainin/ peace and order over it5 and defendin/ a/ainst forei/n invasion. 'his is the authorit" possessed b" the State e!braced in the concept of soverei/nt". Do&iniu&. Capacit" of the State to own propert". Covers such ri/hts as title to land5 e7ploitation and use of it5 and disposition or sale of the sa!e. *. 4u(is!iction &urisdiction is the !anifestation of soverei/nt". 'he 3urisdiction of the state is understood as both its authorit" and the sphere of the e7ercise of that authorit". 5in!s of 4u(is!iction% 1. Te((ito(ial +u(is!ictionE authorit" of the state to have all persons and thin/s within its territorial li!its to be co!pletel" sub3ect to its control and protection.*2 2. Pe(sonal +u(is!ictionE authorit" of the state over its nationals5 their persons5 propert"5 and acts whether within or outside its territor" 9e./. Art. (85CC: &. E@t(aHte((ito(ial +u(is!ictionE authorit" of the State over persons5 thin/s5 or acts5 outside its territorial li!its b" reason of their effect to its territor". E@a&ples=
(. Assertion of its personal 3urisdiction over its nationals abroadG or the e7ercise of its ri/hts to punish certain offenses co!!itted outside its territor" a/ainst its national interests even if the offenders are nonEresident aliensG B" virtue of its relations with other states or territories5 as when it establishers a colonial protectorate5 or a condo!iniu!5 or ad!inisters a trust territor"5 or occupies ene!" territor" in the course of warG hen the local state waives its 3urisdiction over persons and thin/s within its territor"5 as when a forei/n ar!" stationed therein
Also .nown as In!epen!ence5 which is freedo! fro! e7ternal control. $t is the power of State to direct its relations with other States.*C c. C#a(acte(istics of So"e(ei*nt) $t is per!anent5 e7clusive5 co!prehensive5 absolute5 indivisible5 inalienable5 and i!prescriptible.*( But wait' in the case of 'anada v. An/ara5 it was held that soverei/nt" of a state cannot %e a%solute. $t is sub3ect to li!itations i!posed b" !e!bership in the fa!il" of nations and li!itations i!posed b" treaties. 'he Constitution did not envision a her!itEt"pe isolation of the countr" fro! the rest of the world. 91CCC Bar Question: !. Effects of Belli*e(ent Occupation As to political laws. Do chan/e of soverei/nt" durin/ a belli/erent occupation5 the political laws of the occupied territor" are merel' suspen!e!5 sub3ect to revival under the ?us postliminium upon the end of the occupation.
Dote that the rule suspendin/ political laws affects onl" the civilian inha%itants of the occupied territor" and is not intended to bind the ene!ies in ar!s. Also5 the rule does not appl" to the law on treason althou/h decidedl" political in character.
As to nonHpolitical laws. 'he nonEpolitical laws are !eeme! continue! unless chan#e! b" the belli/erent occupant since the" are intended to /overn the relations of individuals as a!on/ the!selves and are not /enerall" affected b" chan/es in re/i!es of rulers. As fo( +u!icial !ecisions. As for 3udicial decisions the sa!e are valid durin/ the occupation and even be"ond e7cept those of a political co!ple7ion5 which are auto!aticall" annulled upon the restoration of the le/iti!ate authorit".*1 e. Effects of C#an*e in So"e(ei*nt) As to political laws. here there is a chan/e in soverei/nt"5 the political laws of the for!er soverei/n are not !erel" suspended but a%ro#ate! unless the" are retained or reEenacted b" positive act of the new soverei/n. As to nonHpolitical laws. DonEpolitical laws5 continue in operation.
2# 21 2&
1.
2.
Cru), Philippine Political "aw, p. 2+ (1$$% ed*. "aurel v. 4isa, // Phil 2%+. 22 Cru), Philippine Political "aw, p. 22 (1$$% ed
9.empt areA 1. Foreign states, heads of state, diplomatic representatives, and consuls to a certain degree3 2. Foreign state propert-, including embassies, consulates, and public vessels engaged in non7commercial activities3 &. Acts of state3 4. Foreign merchant vessels e.ercising the rights of innocent passage or involuntar- entr-, such as the arrival under stress3 %. Foreign armies passing through or stationed in its territorwith its permission3 +. !uch other persons or propert-, including organi)ations li6e the ?nited :ations, over which it ma-, b- agreement, waive 5urisdiction.
(2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 3n the national scale, the term "go ernment o# the +hilippines$ re#ers to the three great departments. 3n the local le el, it means the regional pro incial, city municipal an barangay go ernments. It does not include go ernment entities which are gi en a corporate personality separate and distinct #or the go ernment and which are go erned by the corporation law. 2. /o"e(n&ent ". A!&inist(ation Govern!ent is the institution throu/h which the state e7ercises power. Ad!inistration consists of the set of people currentl" runnin/ the institution.*+ G. -unctions of /o"e(n&ent
6. 8. >.
+.
re!ains under the 3urisdiction of the sendin/ statesG b" the principle of e7tra territorialit"5 as illustrated b" the i!!unities of the head of state in a forei/n countr"G 'hrou/h the en3o"!ent or ease!ents or servitudes5 such as the ease!ent of innocent passa/e or arrival under stressG 'he e7ercise of 3urisdiction b" the state in the hi/h seas over its vesselsG over piratesG in the e7ercise of the ri/ht to visit and searchG and under the doctrine of hot pursuitG 'he e7ercise of li!ited 3urisdiction over the conti/uous 0one and the patri!onial sea5 to prevent infrin/e!ent of its custo!s5 fiscal5 i!!i/ration or sanitar" re/ulations.
#. 4u(istic T#eo() of So"e(ei*nt) 'he le/alistic and anal"tical view of soverei/nt" considers the state as a corporate entit'5 a 3uridical person.*6 $t ta.es the state purel" as a le/al or/anis!. $t does not have an"thin/ to do at all with its social and historical bac./round. i. ;So"e(ei*nt) (esi!es in t#e PEOPLE? 'he ApeopleB in the sense in which it is used here refers to the entire citi1enr' consi!ere! as a unit.*8 A. /o"e(n&ent /o"e(n&ent. 'hat institution or a//re/ate of institutions b" which an independent societ" !a.es and carries out those rules of action which are necessar" to enable !en to live in a social state5 or which are i!pose upon the people for!in/ that societ" b" those who possess the power or authorit" of prescribin/ the!.*> C /o"e(n&ent 3. /o"e(n&ent of t#e Repu lic of t#e P#ilippines 'he Govern!ent of the ,epublic of the Philippines is a ter! which refers to the corporate #overnmental entit' throu/h which the functions of /overn!ent are e7ercised throu/hout the Philippine $slands5 includin/5 save as the contrar" appears fro! conte7t5 the various ar!s throu/h which political authorit" is !ade effective in said $slands5 whether pertainin/ to the central Govern!ent or to the provincial or !unicipal branches or other for! of local /overn!ent. 9Section 1 of the ,evised Ad!inistrative Code 9()(+:.
24
(1* (2*
/o"e(n&ental 9Constituent:E are the co!pulsor" functions which constitute the ver" bonds of societ". P(op(ieta() 9;inisterial:Noptional functions of the /overn!ent for achievin/ a better life for the co!!unit". 9Bacani v. DACJCJ:
/o"e(n&ental -unction
$!ple!entation of the land refor! !a" not strictl" be AconstituentB in the sense of 8acani but the co!pellin/ ur/enc" with which the Constitution spea.s of social 3ustice does not leave an" doubt that lan! (efo(& is not an optional but a co&pulso() function of so"e(ei*nt). 9ACC-A v. C4GCJ: 'he functions of the Veterans -ederation of the Philippines fall within the cate/or" of soverei/n functions. 9Veterans -ederation of the Phils. V. ,e"es 6*2 SC,A 81>: 'he ;anila $nternational Airport Authorit" is a /overn!ental instru!entalit" vested with corporate powers to perfor! its /overn!ental function. $t perfor!s /overn!ent functions essential to the operation of an international airport. 9;$AA v. CA: #ousin/ is a /overn!ental function since housin/ is considered an essential service. 9P##C v. C$,: 'he D#A is tas.ed with i!ple!entin/ the /overn!ental pro/ra! of providin/ !ass housin/ to !eet the needs of -ilipinos for decent housin/. 'he D#A is e7e!pt fro! pa"in/ doc.et fees in suits in relation to its /overn!ental functions. 9Badillo v. 'a"a/: 'he 9,CA: ,ice and Corn Ad!inistration is a /overn!ent !achiner" to carr" out declared /overn!ent polic" to stabili0e the price of pala"5 rice5 and corn and !a.in/ it within the reach of avera/e consu!ers. $ts activit" of bu"in/ and sellin/ corn is onl" an incident to its *o"e(n&ent function. #ence5 it is e7e!pt fro! postin/ an appeal bond. 9,epublic v. C-$: 'he AA-P ,etire!ent and Benefits S"ste!B is a /overn!ent entit" and its funds are in the nature of public funds 9People v. Sandi/anba"an:
P(op(ieta() -unction
!inco, Philippine Political "aw, p 12 (1$%4ed*. 2% !inco, Philippine Political "aw, p 1$ (1$%4ed*. 2+ ?! v. Dorr, 2 Phil &&2 cited in ,acani v. :AC;C;, 1## Phil. 4+2 (1$%+*.
2/
,ernas Commentar-, p 44(2##& ed*.
(6
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 9Such as the cases of Castine in ;aine5 which was reduced to a British possession in the war of (*(15 and 'a!pico5 ;e7ico5 occupied durin/ the war with ;e7ico b" the troops of the 4S.: 9Co Mi! Chan v. Valde0 5 +8 Phil ((2: Note% 'he /overn!ent under Cor" A<uino and the -reedo! Constitution is a de ?ure /overn!ent. $t was established b" authorit" of the le/iti!ate soverei/n5 the people. $t was a revolutionar" /overn!ent established in defiance of the ()+2 Constitution. 9$n ,e Letter of Associate &ustice Puno5 1(C SC,A 8*) 9())1:. 'he /overn!ent under President Gloria ;acapa/al Arro"o established after the ouster of President Estrada is de 3ure /overn!ent.)2 Sinco on Re"olution o( Di(ect State Action% ;$t so!eti!es happens that the people rise in revolt a/ainst the e7istin/ ad!inistration H/overn!entI and throu/h force or threats succeed in alterin/ the constituted or/ans of the /overn!ent. -ro! the point of view of the e7istin/ constitutional plan5 that act is ille/alG but considered fro! the point of view of the sate as a distinct entit" not necessaril" bound to e!plo" a particular /overn!ent or ad!inistration to carr" out its will5 it is the direct act of the state itself because it is successful. As such5 it is le/al5 for whatever is attributable to the state is lawful. 'his is the le/al and political basis of the !octrine of revolution&789 B. P(esi!ential ". Pa(lia&enta() fo(& *o"e(n&ent 91CC> Bar E7a! Question: of
4nderta.in/ to suppl" water for a price is considered a trade and not a /overn!ental activit". 9Spouses -ontanilla v. ;alia!an: Civil Aeronautics Ad!inistration is in char/e of the ad!inistration of ;$A5 it is perfor!in/ proprietar" functions5 hence it can be sued even when the clai! is based on a <uasiEdelict. 9CAA v. CA:
A. Doct(ine of Pa(ens Pat(iae Literall"5 Aparent of the people.B Jne of the i!portant tas.s of the /overn!ent is to act for the State as parens patriae5 or /uardian of the ri/hts of the people.** B. Classification of /o"e(n&ent on t#e Basis of Le*iti&ac) (. De &ure Govern!ent 1. De -acto Govern!ent De 4u(e /o"e(n&ent. Jne established authorit" of the le/iti!ate soverei/n.*) b"
De -acto /o"e(n&ent. Jne established in defiance of the le/iti!ate soverei/n.)C $t actuall" e7ercises power or control without le/al title.)( G 5in!s of De -acto /o"e(n&ent% 1. ,he #overnment that #ets possession an! control or- or usurps%' force or %' the voice of ma5orit'5 the ri/htful le/al /overn!ent and !aintains itself a/ainst the will of the latter. 9Such as the /overn!ent of En/land under the Co!!onwealth5 first b" Parlia!ent and later b" Cro!well as Protector.: 2. Esta%lishe! an! maintaine! %' inva!in# militar' forces& 'hat established as an independent /overn!ent b" the inhabitants of a countr" who rise in insurrection a/ainst the parent state 9Such as the /overn!ent of the Southern Confederac" in revolt a/ainst the 4nion durin/ the war of secession in the 4nited States.: &. 6overnment of paramount force& 'hat which is established and !aintained b" !ilitar" forces who invade and occup" a territor" of ene!" in the course of war. )1
22 2$ $# $1
$2
Cru), Philippine Political "aw, p. 2& (1$$% ed*. ,ernas Primer at $ (2##+ ed.* ,ernas Primer at $ (2##+ ed.*
Cru), Philippine Political "aw, p. 2& (1$$% ed*. 0t has been held that the !econd =epublic of the Philippines was a de facto government of paramount force, having been established bthe 1apanese belligerent during the occupation of the Philippines in >orld >ar 00. 'he characteristics of this 6ind of de facto government areA 1. 0ts e.istence is maintained b- active militar- power within the territories, and against the rightful authorit- of an established and lawful government.
During its e.istence, it must necessaril- be obe-ed in civil matters b- private citi)ens who, b- acts of obedience rendered in submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted b- the laws of the rightful government. Actual governments of this sort are established over districts differing greatl- in e.tent and conditions. 'he- are usuall- administered b- militar- authorit-, supported more or less directl- b- militar- force. (Co Mi! Chan v. Valde0 5 +8 Phil ((2: B" contrast5 the Supre!e Court unani!ousl" held in 7awyers 7eague #or a 8etter +hilippines . Cora=on A%uino that Athe people have !ade the 3ud/!entG the" have accepted the /overn!ent of President Cora0on A<uino which is in effective control of the entire countr" so that it is not !erel" a de #acto /overn!ent but in fact and law a de ?ure go ernment. ;oreover5 the co!!unit" of nations has reco/ni0ed the le/iti!ac" of the present /overn!ent.B
$& $4
2.
,ernas Primer at $ (2##+ ed.* !inco, Philippine Political "aw, p / (1$%4ed*.
(8
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
'he p(esi!ential for! of /overn!ent@s identif"in/ feature is what is called the Aseparation of powers.B)8 'he essential characteristics of a pa(lia&enta() for! of /overn!ent are= (. 'he !e!bers of the /overn!ent or cabinet or the e7ecutive ar! are5 as a rule5 si!ultaneousl" !e!bers of the le/islatureG 1. 'he /overn!ent or cabinet consistin/ of the political leaders of the !a3orit" part" or of a coalition who are also !e!bers of the le/islature5 is in effect a co!!ittee of the le/islatureG 2. 'he /overn!ent or cabinet has a p"ra!idal structure at the ape7 of which is the Pri!e ;inister or his e<uivalentG 6. 'he /overn!ent or cabinet re!ains in power onl" for so lon/ as it en3o"s the support of the !a3orit" of the le/islatureG %. Both /overn!ent and le/islature are possessed of control devices which each can de!and of the other i!!ediate political responsibilit". $n the hands of the le/islature is the vote of nonEconfidence 9censure: whereb" /overn!ent !a" be ousted. $n the hands of the /overn!ent is the power to dissolve the le/islature and call for new elections.)> .= hat constitutional for!s of /overn!ent have been e7perienced b" the Philippines since ()28R A= Presidential and presidential onl".)+ C. Acts of State An act of State is done b" the soverei/n power of a countr"5 or b" its dele/ate5 within the li!its of the power vested in hi!.)* ithin particular reference to Political Law5 an act of State is an act done b" the political depart!ents of the /overn!ent and not sub3ect to 3udicial review. An illustration is the decision of the President5 in the e7ercise of his diplo!atic power5 to e7tend reco/nition to a newl"Eestablished forei/n State or /overn!ent.)) D. State I&&unit) A'he State cannot be sued without its consent.B 9Article SV$5 Section 2:
$% $+ $/
(State immunity will be discussed under Article C<I, Section 4/ PRINCIPLES III. Repu licanis& Section 3. 'he Philippines is a !e&oc(atic an! (epu lican State. Soverei/nt" resides in the people and all /overn!ent authorit" e!anates fro! the!. A. Repu lic Repu lic is a representative /overn!ent run b" the people and for the people.(CC Repu lican state is a state wherein all /overn!ent authorit" e!anates fro! the people and is e7ercised b" representatives chosen b" the people.(C( B. Essential -eatu(es of Repu licanis& 'he essence of republicanis! is representation and renovation. 'he citi0enr" selects a corps of public functionaries who derive their !andate fro! the people and act on their behalf5 servin/ for a li!ited period onl"5 after which the" are replaced or retained at the option of their principal.(C1 C. Manifestations of Repu licanis&
1.
1. 2. 6. 8. >.
Jurs is a /overn!ent of laws and not of !en. 9Villavicencio v. Lu.ban5 2) Phil ++*: ,ule of ;a3orit" 9Pluralit" in elections: Accountabilit" of public officials Bill of ,i/hts Le/islature cannot pass irrepealable laws Separation of powers
D. ;De&oc(atic State? $n the view of the new Constitution5 the Philippines is not onl" a representative or republican state but also shares so!e aspects of direct de!ocrac" such as Ainitiative and referendu!B. 'he word de!ocratic is also a !onu!ent to the -ebruar" ,evolution which reEwon freedo! throu/h direct action of the people. E. Constitutional Aut#o(ita(ianis&
,ernas Primer at 1# (2##+ ed.* ,ernas Primer at 11 (2##+ ed.*

1## 1#1 1#2
,ernas Primer at 11 (2##+ ed.* $2 Cru), Philippine Political "aw, p. 2$ (1$$% ed*. $$ Cru), Philippine Political "aw, p. 2$ (1$$% ed*.
Cru), Philippine Political "aw, p. %# (1$$% ed*. ,ernas Primer at 11 (2##+ ed.* Cru), Philippine Political "aw, p. %# (1$$% ed*.
(>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA which forbade war as Aan instru!ent of national polic".B &. Charter of the ?nite! NationsE Prohibits the threat or use of force a/ainst the territorial inte/rit" or political independence of a State. B. Inco(po(ation Clause A'he PhilippinesKadopts the /enerall" accepted principles of international law as part of law of the landKB 3. Acceptance of Dualist View $!plicit in this provision is the acceptance of the !ualist vie of le/al s"ste!s5 na!el" that domestic law is distinct #rom international law. Since dualis! holds that international law and !unicipal law belon/ to different spheres5 international law beco!es part of !unicipal law onl" if it is incorporated in to !unicipal law.(C8 2 Doct(ine of Inco(po(ation 9())+ Bar Question: Ever" state is5 b" reason of its !e!bership in the fa!il" of nations5 bound b" the #enerall' accepte! principles of international la 5 which are consi!ere! to %e automaticall' part of its o n la s. 'his is the doctrine of incorporation.(C> G. Inte(national Law Inte(national Law !raditional de#inition= $t is a bod" of rules and principles of action which are bindin/ upon civili0ed states in their relation to one another. 9estatement= 'he law which deals with the conduct of states and of international or/ani0ations and with their relations inter se5 as well as with so!e other relations with persons5 natural or 3uridical. A. To W#at Ele&ents of Inte(national Law !oes t#e p(inciple of inco(po(ation appl), Since treaties beco!e part of Philippine law onl" b" ratification5 the principle of incorporation applies onl" to customar' la an! to treaties hich have %ecome part of customar' la . (C+ B. Effect of Inco(po(ation Clause $nternational law therefore can be used b" Philippine courts to settle do!estic disputes in !uch the sa!e wa" that the" would use the Civil Code or the Penal Code and other laws passed b" Con/ress.(C* C. Polic) of PE4H-CA wit# All Nations
Constitutional authoritarianis! as understood and practiced in the ;arcos re/i!e under the ()+2 Constitution5 was the assu!ption of e7traordinar" powers b" the President5 includin/ le/islative and 3udicial and even constituent powers.(C2 .% $s constitutional authoritarianis! co!patible with a republican stateR A% Tes if the Constitution upon which the E7ecutive bases his assu!ption of power is a le/iti!ate e7pression of the people@s will and if the E7ecutive who assu!es power received his office throu/h a valid election b" the people.(C6 IV. Renunciation of Wa(1 Inco(po(ation Clause1 Polic) of PE4H-CA wit# All Nations Section 2. 'he Philippines renounces war as an instru!ent of national polic"5 adopts the /enerall" accepted principles of international law as part of law of the land and adheres to the polic" of peace5 e<ualit"5 3ustice5 freedo!5 cooperation5 and a!it" with all nations. A. Renunciation of Wa( A'he Philippines renounces war as an instru!ent of national polic"KB (9ead along +reamble, Article II Secs. * D)> Article C<III Sec. E5/ 3. A**(essi"e Wa( 'he Philippines onl" renounces AGG,ESS$VE war as an instru!ent of national polic". $t does not renounce defensive war. 2. P#ilippines Renounces Not Onl) Wa( As !e!ber of 4nited Dations5 the Philippines does not !erel" renounce war but adheres to Article 196: of the 4D charter which sa"s= A All ;e!bers shall (ef(ain in t#ei( inte(national (elations f(o& t#e t#(eat o( use of fo(ce a/ainst the territorial inte/rit" or political independence of an" state5 or in an" other !anner inconsistent with Purposes of the 4ntied Dations.B G. 0isto(ical De"elop&ent of t#e Polic) Con!e&nin* o( Outlawin* Wa( in t#e Inte(national Scene%
1.
Covenant of the .ea#ue of NationsE provided conditions for the ri/ht to /o to war. 2. :ello##;)rian! Pact of <8=>E also .nown as the General 'reat" for the ,enunciation of ar5 ratified b" >1 states5
1#&
1#%
,ernas Commentar-, p +1 (2##& ed*. Cru), Philippine Political "aw, p. %% (1$$% ed*. ,ernas Commentar-, p +1 (2##& ed*. ,ernas Commentar-, p +1 (2##& ed*.
1#+ 1#/
1#2
,ernas Primer at 12 (2##+ ed.* 1#4 ,ernas Primer at 12 (2##+ ed.*
(+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
A'he PhilippinesKadheres to the polic" of peace5 e<ualit"5 3ustice5 freedo!5 cooperation5 and a!it" with all nations.B .% Does the affir!ation of a!it" will all nations !ean auto!atic diplo!atic reco/nition of all nationsR A% Do. A!it" with all nations is an ideal to be ai!ed at. Diplo!atic reco/nition5 however5 re!ains a !atter of e7ecutive discretion.(C) V. Sup(e&ac) of Ci"ilian Aut#o(it) Section G. Civilian Authorit" is5 at all ti!es supre!e over the !ilitar". 'he Ar!ed -orces of the Philippines is the protector of the people and the State. $ts /oal is to secure the soverei/nt" of the State and inte/rit" of the national territor". A. Ci"ilian Aut#o(it) 'hat ci ilian authority is at all times supreme o er the military is i!plicit in a republican s"ste!.((C Still5 it was felt advisable to e7pressl" affir! this principle in the Constitution to alla" all fears of a !ilitar" ta.eEover of our civilian /overn!ent.((( $t was also fittin/l" declared that the President5 who is a civilian official5 shall be the co!!anderEinEchief of all the ar!ed forces of the Philippines.((1 .% Does this !ean that civilian officials are superior to !ilitar" officialsR A% Civilian officials are superior to !ilitar" official onl" when a law !a.es the! so.((2 B. A(&e! -o(ces of t#e P#ilippines 3. Reasons =in t#e constitution> e@istence of t#e a(&e! fo(ces fo( t#e
(4*
All ;e!bers of the ar!ed forces shall ta.e an oath or affir!ation to uphold and defend the Constitution.((>
2. Co&position 'he Ar!ed -orces of the Philippines shall be co!posed of a citi0en ar!ed force which shall under/o !ilitar" trainin/ and serve as !a" be provided b" law. 9Article SV$5 Section 6: G. On Politics 'he ar!ed forces shall be insulated fro! partisan politics. Do !e!ber of the !ilitar" shall en/a/e directl" or indirectl" in an" partisan political activit"5 e7cept to vote. 9Article SV$5 Section 8: .% $s the provision an assertion of the political role of the !ilitar"R A% Do. 'he phrase Ap(otecto( of t#e peopleB was not !eant to be an assertion of the political role of the !ilitar". 'he intent of the phrase Aprotector of the peopleB was rather to !a.e it as corrective to !ilitar" abuses e7perienced durin/ !artial rule.((+ .% Does this !ean that the !ilitar" has no !ilitar" roleR A% )ernas" 'he !ilitar" e7ercise of political power can be 3ustified as a last resortNwhen civilian authorit" has lost its le/iti!ac".((* (!his is dangerous./ A . Ba( .uestion 91CC2: .% $s the PDP covered b" the sa!e !andate under Article $$5 Section 2R A% Do. 'his provision is specificall" addressed to the A-P and not to the PDP5 because the latter is separate and distinct fro! the for!er. 9,ecord of the Constitutional Co!!ission5 Volu!e V5 p. 1)>G ;analo v. Sisto0a5 2(1 SC,A 12): VI. Defense of State Section A. 'he pri!e dut" of the /overn!ent is to serve and protect the people. 'he Govern!ent !a" call upon the people to defend the state and5 in the fulfill!ent thereof5 all citi0ens !a" be re<uired5 under conditions provided b" law5 to render personal !ilitar" or civil service.
(1* (2* (&*
As protector of the people and the State 'o secure the soverei/nt" of the State and the inte/rit" of the national territor".((6 'he" !a" be called to prevent or suppress lawless violence5 invasion or rebellion.((8
1#$ 11# 111

112
,ernas Primer at 1& (2##+ ed.* Cru), Philippine Political "aw, p. +/ (1$$% ed*. Cru), Philippine Political "aw, p. +/ (1$$% ed*. Article 00, !ection 12.
11+
11&
114
,ernas Primer at 1& (2##+ ed.* Article 00, !ection &. 11% Article 00, !ection 12. See 0,P v. Eamora.
Article 8 0, !eciton %. ,ernas Commentar-, p ++ (2##& ed*. ,ernas Commentar-, p ++ (2##& ed*.
11/
112
(*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
VII. Peace an! O(!e( Section B. 'he !aintenance of peace and order5 the protection of life5 libert" and propert"5 and the pro!otion of /eneral welfare are essential for the en3o"!ent b" all the people of the blessin/s of de!ocrac". Section 8 is not a selfEe7ecutin/ provision. $t is !erel" a /uideline for le/islation. 9Milosba"an v. ;orato: Ri*#t to ea( a(&s. 'he ri/ht to bear ar!s is a statutor"5 not a constitutional ri/ht. 'he license to carr" a firear! is neither a propert" nor a propert" ri/ht. Deither does it create a vested ri/ht. Even if it were a propert" ri/ht5 it cannot be considered absolute as to be placed be"ond the reach of police power. 'he !aintenance of peace and order5 and the protection of the people a/ainst violence are constitutional duties of the State5 and the ri/ht to bear ar!s is to be construed in connection and in har!on" with these constitutional duties. 9Chave0 v. ,o!ulo5 1CC6: VIII. Sepa(ation of C#u(c# an! State Section :. 'he separation of Church and State shall be inviolable. A. Rationale "Strong #ences make good neighbors.$ 'he idea is to delineate boundaries between the two institutions and thus avoid encroach!ents b" one a/ainst the other because of a !isunderstandin/ of the li!its of their respective e7clusive 3urisdictions.(() B. W#o is P(o#i ite! f(o& Inte(fe(in* Doct(ine cuts ot# wa)s. $t is not onl" the State that is prohibited fro! interferin/ in purel" ecclesiastical affairsG the Church is li.ewise barred fro! !eddlin/ in purel" secular !atters. (1C9Cru0: C. Sepa(ation of C#u(c# an! State is Reinfo(ce! )% (. -reedo! of ,eli/ion Clause 9Article $$$5 Section 8: 1. ,eli/ious sect cannot be re/istered as a political part" 9Article $SEC5 Section 198:: &. Do sectoral representatives fro! the reli/ious sector. 9Article V$5 Section 8 91:: 4. Prohibition a/ainst appropriation a/ainst sectarian benefit. 9Article V$5 1)91::.
11$ 12#
D. E@ceptions (. Churches5 parsona/es5 etc. actuall"5 directl" and e7clusivel" used for reli/ious purposes shall be e7e!pt fro! ta7ation. 9Article V$5 Section 1*92::. 1. hen priest5 preacher5 !inister or di/nitar" is assi/ned to the ar!ed forces5 or an" penal institution or /overn!ent orphana/e or leprosariu!5 public !one" !a" be paid to the!. 9Article V$5 Section 1)91:: 2. Jptional reli/ious instruction for public ele!entar" and hi/h school students. 9Article S$V5 Section 292::. 6. -ilipino ownership re<uire!ent for education institutions5 e7cept those established b" reli/ious /roups and !ission boards. 9Article S$V5 Section 691::. STATE POLICIES II. In!epen!ent -o(ei*n Polic) Section 8. 'he State shall pursue an independent forei/n polic". $n its relations with other states the para!ount consideration shall be national soverei/nt"5 territorial inte/rit"5 national interest5 and the ri/ht to selfEdeter!ination. 'he word ArelationsB covers the whole /a!ut of treaties and international a/ree!ents and other .inds of intercourse.(1( I. -(ee!o& f(o& Nuclea( Weapons Section 7. 'he Philippines consistent with the national interest5 adopts and pursues a polic" of freedo! fro! nuclear weapons in its territor". A. Scope of Polic) 'he polic" includes the prohibition not onl" of the possession5 control5 and !anufacture of nuclear weapons but also nuclear ar!s tests. B. E@ception to t#e Polic) E7ception to this polic" !a" be !ade b" the political depart!ent but it !ust be 3ustified b" the de!ands of the national interest.(11
Cru), Philippine Political "aw, p. +% (1$$% ed*. Cru), Philippine Political "aw, p. +% (1$$% ed*.
121 122
,ernas Commentar-, p /2 (2##& ed*. ,ernas Primer at 1% (2##+ ed.*
()
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA /uarantees full respect for hu!an ri/hts. 'he concreti0ation of this provision is found principall" in the Bill of ,i/hts and in the hu!an ri/hts provision of Article S$$$.(1> -acts% Petitioners <uestioned the constitutionalit" of PD (*>)5 which created the PAGCJ, and authori0ed it to operate /a!blin/ casinos5 on the /round that it violated Sections ((5 (1 and (2 of Article $$ of the Constitution. 0el!% 'hese provisions are !erel" state!ents of policies which are not selfEe7ecutin/. A law has to be passed to i!ple!ent the!. 9Basco v. PAGCJ,5 ()+ DC,A 81:(1+ IIV. -a&il)K Rea(in* t#e Cout# Section 32. 'he State reco/ni0es the sanctit" of fa!il" life and shall protect and stren/then the fa!il" as a basic autono!ous social institution. $t shall e<uall" protect the life of the !other and the life of t#e un o(n f(o& conception. 'he natural and pri!ar" ri/ht and dut" of parents in rearin/ of the "outh for civic efficienc" and the develop!ent of !oral character shall receive the support of the /overn!ent. Section 3G. 'he State reco/ni0es the vital role of the "outh in nationE buildin/ and shall pro!ote and protect their ph"sical !oral5 spiritual5 intellectual5 and social wellEbein/. $t shall inculcate in the "outh patriotis! and nationalis!5 and encoura/e their involve!ent in public and civic affairs. A. -a&il) -a!il"B !eans a stable heterose7ual relationship. 'he fa!il" is not a creature of the State.(1* B. Effect of t#e Decla(ation of -a&il) Autono&) $t accepts the principle that the fa!il" is anterior to the State and not a creature of the State. $t protects the fa!il" fro! instru!entali0ation b" the State.(1) C. Pu(pose of Asse(tion of P(otection of t#e $n o(n
12+
'he polic" does not prohibit the peaceful use of nuclear ener/".(12 C. I&plication of t#e Polic) fo( t#e P(esence of A&e(ican T(oops An" new a/ree!ent on bases or the presence of the troops5 if ever there is one5 !ust e!bod" the basic polic" of freedo! fro! nuclear weapons. ;oreover5 it would be well within the power of /overn!ent to de!and ocular inspection and re!oval of nuclear ar!s.(16 II. 4ust an! D)na&ic Social O(!e( Section 6. 'he State shall pro!ote a 3ust and d"na!ic social order that will ensure the prosperit" and independence of the nation and free the people fro! povert" throu/h policies that provide ade<uate social services5 pro!ote full e!plo"!ent5 a raisin/ standard of livin/5 and an i!proved <ualit" of life for all.
III. Social 4ustice Section 3J. 'he State shall pro!ote social 3ustice in all phases of national develop!ent A. Definition of Social 4ustice Social &ustice is neither co!!unis!5 nor despotis!5 nor ato!is!5 nor anarch"5 but the humani1ation of the la s an! the e2uali1ation of the social an! economic forces %' the State so that 5ustice in its rational an! o%5ectivel' secular conception ma' at least %e appro$imate!& 9Calalan/ v. illia!s: Social 3ustice si!pl" !eans the e<uali0ation of econo!ic5 political5 and social opportunities with special e!phasis on the dut" of the state to tilt the balance of social forces b" favorin/ the disadvanta/ed in life.(18
IIII. Respect fo( 0u&an Di*nit) Section 33. 'he State values the di/nit" of ever" hu!an person and
12&
124
,ernas Commentar-, p 2& (2##& ed*. 1acinto 1imene), Political "aw Compendium, 4 (2##+ ed.* ,ernas Commentar-, p 24 (2##& ed*. ,ernas Primer at 1+ (2##+ ed.*
,ernas Primer at 1% (2##+ ed.* ,ernas Primer at 1% (2##+ ed.* 12% ,ernas Primer at 1+ (2##+ ed.*
12/
122
12$
1C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA IV. Wo&en Section 3A. 'he State reco/ni0es the role of wo!en in nationEbuildin/5 and shall ensure the funda!ental e<ualit" before the law of wo!en and !en. 'he provision is so worded as not to auto!aticall" dislocate the Civil Code and the civil law 3urisprudence on the sub3ect. hat it does is to /ive i!petus to the re!oval5 throu/h statutes5 of e7istin/ ine<ualities. 'he /eneral idea is for the law to i/nore se7 where se7 is not a relevant factor in deter!inin/ ri/hts and duties. Dor is the provision !eant to i/nore custo!s and traditions.(2( $n +hilippine !elegraph and !elephone Co. . 079C, '((*, the Supre!e Court held that the petitioner@s polic" of not acceptin/ or considerin/ as dis<ualified fro! wor. an" wo!an wor.er who contracts !arria/e 5 runs afoul of the test of5 and the ri/ht a/ainst discri!ination5 which is /uaranteed all wo!en wor.ers under the Constitution. hile a re<uire!ent that a wo!an e!plo"ee !ust re!ain un!arried !a" be 3ustified as a Abona fide <ualificationB where the particular re<uire!ents of the 3ob would de!and the sa!e5 discri!ination a/ainst !arried wo!en cannot be adopted b" the e!plo"er as a /eneral principle. IVI. 0ealt# Section 3B. 'he State shall protect and pro!ote the ri/ht to health of the people and instill health consciousness a!on/ the!. 'he provisions which directl" or indirectl" pertain to the dut" of the State to protect and pro!ote the people@s ri/ht to health and wellEbein/ are not selfE e7ecutor". 'he" await i!ple!entation b" Con/ress.(21 IVII. Balance! an! 0ealt#ful Ecolo*) Section 3:. 'he State shall protect and advance the ri/ht of the people to a balanced and healthful ecolo/" in accord with the rh"th! and har!on" of nature. Section (> provides for enforceable ri/hts. #ence5 appeal to it has been reco/ni0ed as conferrin/ Astandin/B on !inors to challen/e lo//in/ policies of the /overn!ent. 9Jposa v. -actoran:
1&1
1&2
'he purpose of the assertion that the protection be/ins fro! the ti!e of conception is to p(e"ent t#e State fo(& a!optin* t#e !oct(ine in Roe v& Wa!e which liberali0ed abortion laws up to the si7th !onth of pre/nanc" b" allowin/ abortion an" ti!e durin/ the first si7 !onths of pre/nanc" provided it can be done without dan/er to the !other. D. Le*al Meanin* of t#e P(otection /ua(antee! fo( t#e $n o(n. (. 'his is not an assertion that the unborn is a le/al person. 2. 'his is not an assertion that the life of the unborn is placed e7actl" on the level of the life of the !other. 9 hen necessar" to save the life of the !other5 the life of the unborn !a" be sacrificedG but not when the purpose is !erel" to save the !other fro! e!otional sufferin/5 for which other re!edies !ust be sou/ht5 or to spare the child fro! a life of povert"5 which can be attended to b" welfare institutions.:(2C E. E!ucation $n the !atter of education5 the pri!ar" and natural ri/ht belon/s to the parents. 'he State has a secondar" and supportive role. -o(ei*n Lan*ua*e. 'he State cannot prohibit the teachin/ of forei/n lan/ua/e to children before the" reach a certain a/e. Such restriction does violence both to the letter and the spirit of the Constitution. 9;e"er v. Debras.a: Pu lic Sc#ool. 'he State cannot re<uire children to attend onl' public schools before the" reach a certain a/e. 'he child is not a !ere creature of the State. 'hose who nurture hi! and direct his destin" have the ri/ht to reco/ni0e and prepare hi!. 9Pierce v. Societ" of Sisters: Reli*ious $p (in*in*. 'he State cannot re<uire children to continue schoolin/ be"ond a certain a/e in the honest and sincere clai! of parents that such schoolin/ would be har!ful to their reli/ious upbrin/in/. Jnl" those interests of the State Aof the hi/hest order and those not otherwise served can overbalanceB the pri!ar" interest of parents in the reli/ious upbrin/in/ of their children. 9 isconsin v. Toder: Pa(ens Pat(iae. #owever5 as parens patriae5 the State has the authorit" and dut" to step in where parents fail to or are unable to cope with their duties to their children.
,ernas Primer at 12 (2##+ ed.*
1&#
,ernas Primer at 1/ (2##+ ed.*
Tondo Medical Center Employees v. CA. @.=. :o. 1+/&24, 1ul- 1/, 2##/. 1(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA careers. 'his re/ulation assu!es particular pertinence in the field of !edicine5 in order to protect the public fro! the potentiall" deadl" effects of inco!petence and i/norance. 9P,C v. De Gu0!an5 1CC6: III. La o( Section 37. 'he State affir!s labor as a pri!ar" social econo!ic force. $t shall protect the ri/hts of wor.ers and pro!ote their welfare. AA pri!ar" social econo!ic forceB !eans that the hu!an factor has pri!ac" over nonEhu!an factors of production. Protection to labor does not indicate pro!otion of e!plo"!ent alone. 4nder the welfare and social 3ustice provisions of the Constitution5 the pro!otion of full e!plo"!ent5 while desirable5 cannot ta.e a bac.seat to the /overn!ent@s constitutional dut" to provide !echanis!s for the protection of our wor.force5 local or overseas. 9&;; Pro!otion and ;ana/e!ent v. CA5 1>C SC,A 2(): hat concerns the Constitution !ore para!ountl" is e!plo"!ent be above all5 decent5 3ust and hu!ane. $t is bad enou/h that the countr" has to send its sons and dau/hters to stran/e lands5 because it cannot satisf" their e!plo"!ent needs at ho!e. 4nder these circu!stances5 the Govern!ent is dut" bound to provide the! ade<uate protection5 personall" and econo!icall"5 while awa" fro! ho!e. 9Philippine Association of Service E7porters v. Drilon5 (>2 SC,A 2*>: II. SelfHReliant an! In!epen!ent Econo&) Section 36. 'he State shall develop a selfEreliant and independent national econo!" effectivel" controlled b" -ilipinos. 'his is a #ui!e for interpretin/ provisions on national econo!" and patri!on". An" doubt !ust be resolved in favor of selfEreliance and independence and in favor of -ilipinos. A petroche!ical industr" is not an ordinar" invest!ent opportunit"5 it is essential to national interest. 9'he approval of the transfer of the plant fro! Bataan to Batan/as and authori0ation of the chan/e of feedstoc. fro! naptha onl" to naptha and%or LPG do not prove to be advanta/eous to the /overn!ent. 'his is a repudiation of the in!epen!ent polic" of the /overn!ent to run its own affairs the wa" it dee!s best for national interest.: 9Garcia v. BJ$:
hile the (i*#t to a alance! an! #ealt#ful ecolo*) is to be found under the Declaration of Principles and State Policies and not under the Bill of ,i/hts5 it does not follow that it is less i!portant than an" of the civil and political ri/hts enu!erated in the latter. Such a ri/ht belon/s to a different cate/or" of ri/hts for it concerns nothin/ less than sel#Bpreser ation and sel#Bperpetuation. 'hese basic ri/hts need not even be written in the Constitution for the" are assu!ed to e7ist fro! the inception of hu!an.ind. 9Jposa v. -actoran5())2: Jn this basis too5 the SC upheld the e!power!ent of the La/una La.e Develop!ent Authorit" 9LLDA: to protect the inhabitants of the La/una La.e Area fro! the deleterious effects of pollutants co!in/ fro! /arba/e du!pin/ and the dischar/e of wastes in the area as a/ainst the local autono!" clai! of local /overn!ents in the area. 9LLDA v. CA5 ())8: IVIII. E!ucation' Science an! Tec#nolo*) Section 38. 'he State shall /ive priorit" to education5 science and technolo/"5 arts5 culture and sports to foster patriotis!5 nationalis!5 accelerate social pro/ress5 and pro!ote total hu!an liberation and develop!ent. (See Article CI<, Section E/ 'his does not !ean that the /overn!ent is not free to balance the de!ands of education a/ainst other co!petin/ and ur/ent de!ands. 9Guin/ona v. Cara/ue: $n +hilippine Merchant Marine School Inc. . CA, the Court said that the re<uire!ent that a school !ust first obtain /overn!ent authori0ation before operatin/ is based on the State polic" that educational pro/ra!s and%or operations shall be of /ood <ualit" and5 therefore5 shall at least satisf" !ini!u! standards with respect to curricula5 teachin/ staff5 ph"sical plant and facilities and ad!inistrative and !ana/e!ent viabilit". hile it is true that the Court has upheld the constitutional ri/ht of ever" citi0en to select a profession or course of stud" sub3ect to fair5 reasonable and e<uitable ad!ission and acade!ic re<uire!ents5 the e7ercise of this ri/ht !a" be re/ulated pursuant to the police power of the State to safe/uard health5 !orals5 peace5 e!ucation5 order5 safet" and /eneral welfare. 'hus5 persons who desire to en/a/e in the learned professions re<uirin/ scientific or technical .nowled/e !a" be re<uired to ta.e an e7a!ination as a prere<uisite to en/a/in/ in their chosen
11
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA co!!unit"Ebases5 or sectoral or/ani0ations that pro!ote the welfare of the nation. (See Article CIII, Sections '5B'H/ 'he provision reco/ni0es the principle that volunteeris! and participation of nonE/overn!ental or/ani0ations in national develop!ent should be encoura/ed.(22 IIV. Co&&unication an! Info(&ation Section 2A. 'he State reco/ni0es the vital role of co!!unication and infor!ation in nationEbuildin/. (See Article C<I, Sections 'GB''> Article C<III, Section E4/ 'he D'C is 3ustified to re<uire PLD' to enter into an interconnection a/ree!ent with a cellular !obile telephone s"ste!. 'he order was issued in reco/nition of the vital role of co!!unications in nationEbuildin/ and to ensure that all users of the public teleco!!unications service have access to all other users of service within the Philippines. 9PLD' v. D'C: IIVI. Local Autono&) Section 2B. 'he State shall ensure the autono!" of local /overn!ents. (See Article C/ Local autono!" under the ()*+ Constitution si!pl" !eans Adecentrali0ationB and does not !a.e the local /overn!ents soverei/n within the State or an i!periu! in i!perio. 9Basco v. PAGCJ,: Decentrali0ation of ad!inistration is !erel" a dele/ation of ad!inistrative powers to the local /overn!ent unit in order to broaden the base of /overn!ental powers. Decentrali0ation of power is abdication b" the national /overn!ent of /overn!ental powers. Even as we reco/ni0e that the Constitution /uarantees autono!" to local /overn!ent units5 the e7ercise of local autono!" re!ains sub3ect to the power of control b" Con/ress and the power of /eneral supervision b" the President. 9&ud/e Dadole v. Co!!ission on Audit5 1CC1: IIVII. EMual Access to Oppo(tunities
'he 'J a/ree!ent does not violate Section () of Article $$5 nor Sections (C and (1 of Article S$$5 because said sections should be read and understood in relation to Sections ( and 25 Article S$$5 which re<uires the pursuit of a trade polic" that Aserves the /eneral welfare and utili0es all for!s and arran/e!ents of e7chan/e on the basis of e<ualit" and reciprocit".B 9'anada V. An/ara: III. P(i"ate Secto( an! P(i"ate Ente(p(ise Section 2J. 'he State reco/ni0es the indispensable role of the private sector5 encoura/es private enterprise5 and provides incentives to needed invest!ents. Section 1C is an ac.nowled/!ent of the i!portance of private initiative in buildin/ the nation. #owever5 it is not a call for official abdication of dut" to citi0enr". 9;arine ,adio Co!!unications Association v. ,e"es: Althou/h the Constitution enshrines free enterprise as a polic"5 it nevertheless reserves to the Govern!ent the power to intervene whenever necessar" for the pro!otion of the /eneral welfare5 as reflected in Sections > and () of Article S$$. IIII. Co&p(e#ensi"e Ru(al De"elop&ent Section 23. 'he State shall pro!ote co!prehensive rural develop!ent and a/rarian pro/ra!. (See Article CIII, Sections FB'G/ Co!prehensive rural develop!ent includes not onl" a/rarian refor!. $t also enco!passes a broad spectru! of social5 econo!ic5 hu!an5 cultural5 political and even industrial develop!ent. IIIII. In!i*enous Cultu(al Co&&unities Section 22. 'he State reco/ni0es and pro!otes the ri/hts of indi/enous cultural co!!unities within the fra!ewor. of national unit" and develop!ent. (See Article <I Section 5(E/> Article CII, Section 5> Article CI<, Section '*/ IIIV. In!epen!ent PeopleLs O(*aniFationsK Voluntee(is& Section 2G. encoura/e 'he State shall nonE/overn!ental5
1&&
,ernas Commentar-, p $+(2##& ed*.
12
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 'he law dividin/ the Philippines into three re/ions each constitutin/ an independent state and vestin/ in a central /overn!ent !atters of forei/n relations5 national defense and national ta7ation is unconstitutional. 1. $t violates A(ticle I5 which /uarantees the inte/rit" of the national territor" of the Philippines because it divided the Philippines into three states. 2. $t violates Section 3' A(ticle II of the Constitution which provides for the establish!ent of de!ocratic and republic states b" replacin/ it with three states or/ani0ed as a confederation. &. $t violates Section 22' A(ticle II of the Constitution5 which5 while reco/ni0in/ and pro!otin/ the ri/hts of indi/enous cultural co!!unities5 provides for national unit" and develop!ent. 4. $t violates Section 3B' A(ticle I of the Constitution5 which5 provides for autono!ous re/ions in ;usli! ;indanao and in the cordilleras within the fra!ewor. of national soverei/nt" as well as territorial inte/rit" of the ,epublic of the Philippines. %. $t violates the so"e(ei*nt) of the ,epublic of the Philippines.
Section 2:. 'he State shall /uarantee e<ual access to opportunities for public service5 and prohibit political d"nasties as !a" be defined b" law. (See Article <II, Section '4> Article CIII, Sections 'B E/ Pu(pose. 'he thrust of the provision is to i!pose on the sate the obli/ation of /uaranteein/ e<ual access to public office.(26 'here is no constitutional ri/ht to run for or hold public office. hat is reco/ni0ed is !erel" a privile/e sub3ect to li!itations i!posed b" law. Section 1> of the Constitution neither bestows such ri/ht nor elevates the privile/e to the level of an enforceable ri/ht. 9Pa!aton/ v. CJ;ELEC: IIVIII. Pu lic Se("ice Section 28. 'he State shall !aintain honest" and inte/rit" in public service and ta.e positive and effective !easures a/ainst /raft and corruption. (See Article ICB:> Article CI, Sections FB'5/ IIIV. -ull Pu lic Disclosu(e 9()*) and 1CCC Bar Question: Section 27. Sub3ect to reasonable conditions prescribed b" law5 the State adopts and i!ple!ents a polic" of full public disclosure of all its transactions involvin/ public interest. (Article III, Section *> Article <I Sections 'E and EG> Article <II, Section EG> Article CI, Section '*> Article CII, Section E'/ $t is well established in 3urisprudence that neither the ri/ht to infor!ation nor the polic" of full public disclosure is absolute5 there bein/ !atters which5 albeit of public concern or public interest5 are reco/ni0ed as privile/ed in nature. 9A.ba"an v. A<uino5 1CC*: 777 9())> Bar Question: A law was passe! !i"i!in* t#e P#ilippines into t#(ee (e*ions DLuFon' Visa)as an! Min!anaoE eac# constitutin* an in!epen!ent state e@cept on &atte(s of fo(ei*n (elations' national !efense an! national ta@ation' w#ic# a(e "este! in t#e Cent(al /o"e(n&ent. Is t#e law "ali!,
1&4
,ernas Commentar-, p $$ (2##& ed*.
16
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA A. Definition of Le*islati"e Powe(
LE/ISLATIVE DEPARTMENT O$TLINE O- ARTICLE VI
Le/islative power is the authorit" to !a.e laws and to alter or repeal the!. B. W#e(e Veste! Le/islative power is vested in Con/ress e7cept to the e7tent reserved to the people b" the provision on initiative and referendu!. C. Classification of le*islati"e powe( O(i*inal le/islative powerE possessed b" the soverei/n people. De(i"ati"e le/islative powerE that which has been dele/ated b" the soverei/n people to the le/islative bodies. 9Mind of power vested in Con/ress: ConstituentE 'he power to a!end or revise the constitution O(!ina()E Power to pass ordinar" laws. Le*islati"e powe( e@e(cise! ) t#e people. 'he people5 throu/h the a!endator" process5 e7ercise constituent power5 and throu/h initiative and referendu!5 ordinar" le/islative power. D. Scope of Le*islati"e powe(. Con/ress !a" le/islate on an" sub3ect !atter. 9Vera v. Avelino: $n other words5 the le/islative power of Con/ress is plena(). E. Li&itations on le*islati"e powe(%
0. .e#islative Po er (I'/
II& Po ers of Con#ress 000. Con#ress (II EB'G/ 0 . Privile#es of Mem%ers (I ''/ (1* . Dut' to Disclose- Dis2ualifications an! Prohi%itions (II 'EB'F/ (2* 0. Internal 6overnment of Con#ress (II '5B'H/ 00. Electoral ,ri%unal- CA (II'*B'(/ (&* 000. Recor!s an! )oo(s of (4* Accounts (I EG/ 08. In2uiries@ Oversi#ht function (II E'B
EE/
8. Emer#enc' Po ers (I E4/ 80. )ills@ .e#islative Process (I

EF,EH,E*/
800.
Po er of the Purse@+iscal Po ers (II E),E(,E5/ 8000. Other Prohi%ite! Measures (II4GB4'/ 80 . Initiative an! Referen!um (I 4E/
I. LE/ISLATIVE POWER Definition of .e#islative Po er Where Veste! Classification of .e#islative Po er Scope of .e#islative po er .imitations on .e#islative Po er Non;!ele#a%ilit' of .e#islative po er Rationale of the Doctrine of Non;!ele#a%ilit' Vali! !ele#ation of le#islative po ers Dele#ation of rule;ma(in# po er Re2uisites for a vali! !ele#ation of rule;ma(in# po er Sufficient Stan!ar!s E$amples of Invali! of Dele#ation Section 3. 'he Le/islative power shall be vested in the Con/ress of the Philippines which shall consist of a Senate and a #ouse of ,epresentatives5 e7cept to the e7tent reserved to the people b" the provision on initiative and referendu!.
1. 2.
Substantive li!itations(28 Procedural li!itations(2>
3. Su stanti"e li&itations% a. E$press .imitations
i. ii.
1&%
Bill of ,i/hts(2+ Jn Appropriations(2*
=efer to the sub5ect matter of legislation. 'hese are limitations on the content of laws. 1&+ Formal limitations refer to the procedural reFuirements to be complied with b- Congress in the passage of the bills. (!inco, Phil. Political "aw* 1&/ ,ill of =ights o :o law shall be passed abridging freedom of speech, of e.pression etc (art. & G4* o :o law shall be made respecting an establishment of religion (art. & G%* o :o law impairing the obligation of contracts shall be passed. (art & G1#* o :o e. post facto law or bill of attainder shall be enacted. (art. & G22* 1&2 ;n Appropriations o Congress cannot increase appropriations b- the President (art. + G2%* o (art. + 2$(2*
18
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
iii. iv.
v. %& i. ii. iii.
Jn 'a7ation(2) Jn Constitutional Appellate 3urisdiction of SC(6C Do law /rantin/ a title of ro"alt" or nobilit" shall be enacted 9art. > Q2(: Implie! limitations Con/ress cannot le/islate irrepealable laws Con/ress cannot dele/ate le/islative powers DonEencroach!ent on powers of other depart!ents
(1*
Dele/ation of tariff power to the President (2* Dele/ation of e!er/enc" powers to the President 92: Dele/ation to LG4@s Dote= So!e co!!entators include 9a: dele/ation to the people at lar/e and 9b: dele/ation to ad!inistrative bodies to the e7ceptions.9See Cru05 Philippine Political Law p *+5 ())8 ed.: #owever5 $ sub!it this is not accurate. $ sub!it that le/islative power is not dele/ated to the people because in the first place the" are the pri!ar" holder of the powerG the" onl" dele/ated such power to the Con/ress throu/h the Constitution. 9See +reamble and Article II Section ': Dote that Article V$ Section ( does not dele/ate power to the people. $t reserves le/islative power to the people. Eas! hat is dele/ated to ad!inistrative bodies is not le/islative power but ruleE!a.in/ power or law e7ecution. I. Dele*ation of (uleH&a9in* powe(s hat is dele/ated to ad!inistrative bodies is not le/islative power but ruleE!a.in/ power or law e7ecution. Ad!inistrative a/encies !a" be allowed either to=
2. P(oce!u(al li&itations% a. Jnl" one sub3ect b. 'hree readin/s on separate da"s c. Printed copies in its final for! 2 da"s before passa/e of the bill. 9art > Q 1>: -. NonH!ele*a ilit) of Le*islati"e powe( Doct(ine of NonH!ele*ation of le*islati"e powe(s= 'he rule is delegata potestas non potest delagariBwhat has been dele/ated cannot be dele/ated. 'he doctrine rests on the ethical principle that a dele/ated power constitutes not onl" a ri/ht but dut" to be perfor!ed b" the dele/ate b" the instru!entalit" of his own 3ud/!ent and not throu/h the intervenin/ !ind of another. /. Rationale of t#e Doct(ine of NonH!ele*a ilit)%
(1*
-ill up the details on otherwise co!plete statue or Ascertain the facts necessar" to brin/ a Acontin/entB law or provision into actual operation. Powe( of Su o(!inate Le*islation. $t is the authorit" of the ad!inistrative bod" tas.ed b" the le/islature to i!ple!ent laws to pro!ul/ate rules and re/ulations to properl" e7ecute and i!ple!ent laws. Contin*ent Le*islation 'he standb" authorit" /iven to the President to increase the value added ta7 rate in the VA' Law5 ,.A. )22+ was upheld as an e7a!ple of contin/ent le/islation where the effectivit" of the law is !ade to depend on the verification b" the e7ecutive of the e7istence of certain conditions.(6( $n Gerochi v. DED,(61 the power dele/ated to the Ener/" ,e/ulator Board to fi7 and i!pose a universal char/e on electricit" endEusers was challen/ed as an undue dele/ation of the power to ta7. 'he Court said that5 since the purpose of the law was not revenue /eneration but ener/"
141
Based on the sepa(ation of powe(s. 9 h" /o to the trouble of separatin/ the three powers of /overn!ent if the" can strai/htawa" re!er/e on their own notionR: (2* Based on !ue p(ocess of law. Such precludes the transfer of re/ulator" functions to private persons. (&* And5 based on the !a7i!5 A!e*elata potestas non potest !ele*a(iB !eanin/ what has been dele/ated alread" cannot be further dele/ated. 0. Vali! !ele*ation of le*islati"e powe(s General ,ule= dele/ated E7ceptions= Le/islative power cannot be
1&$
;n 'a.ation o o
14#
(art. + G22 and 2$(&** (art. 14 G4(&**
:o law shall be passed increasing the appellate 5urisdiction of the !C without its advice and concurrence (art. + G&#*
Abakada Guru Party List Officers v. E ecutive Secretary! @.=. 1+2#%+, !eptember 1, 2##%. =econsidered ;ctober 12, 2##%. 142 @.=. :o. 1%$/$+, 1ul- 1/, 2##/
1>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA the /round that it constituted an undue dele/ation of le/islative power. 'here is however a reference to Ai!!inent and /rave dan/er of a substantive evil= in Section >9c:. Decide. A= 'he law provides a precise and sufficient standard5 the clear and present dan/er test in Section >9a:. 'he reference to i!!inent and /rave dan/er of a substantive evil in Section >9c: substantiall" !eans the sa!e. 9Ba"an v. Er!ita: A. E@a&ples of sufficient stan!a(!s
o ADecessar" or advisable in the public interestB as a standard. Public interest in this case is sufficient standard pertainin/ to the issuance or cancellation of certificates or per!its. And the ter! Apublic interest@ is not without a settled !eanin/. 9People vs. ,osenthal: o ADecessar" in the interest of law and orderB as a standard. An e7ception to the /eneral rule5 sanctioned b" i!!e!orial practice5 per!its the central le/islative bod" to dele/ate le/islative powers to local authorities. 9,ubi vs. Provincial Board of ;indoro: o A'o pro!ote si!plicit"5 econo!" and efficienc"B as a standard. 9Cervantes vs. Auditor General: o AJf a !oral5 educational5 or a!usin/ and har!less characterB as a standard. 9;utual -il! Co. vs. $ndustrial Co!!ission of Jhio: o A'o !aintain !onetar" stabilit" pro!ote a risin/ level of production5 e!plo"!ent and real inco!eB as a standard. 9People vs. &ollife: o AAde<uate and efficient instructionB as standard. 9Philippine Association of Colle/es and 4niversities vs. Sec. of Education. o A&ustice and e<uit" and substantial !erits of the caseB as a standard. 'he discretionar" power thus conferred is 3udicial in character and does not infrin/e upon the principle of separation of powers the prohibition a/ainst the dele/ation of le/islative function 9$nternational #ardwood and Veneer Co. vs. Pan/il -ederation of Labor: o A-air and e<uitable e!plo"!ent practicesB as a standard. 'he power of the PJEA in re<uirin/ the !odel contract is not unli!ited as there is a sufficient standard /uidin/ the dele/ate in the e7ercise of the said authorit". 9Eastern Shippin/ Lines $nc. vs. PJEA: o AAs far as practicableB5 Adecline of crude oil prices in the world !ar.etB and Astabilit" of the peso e7chan/e rate to the 4S dollarB as standards. 'he dictionar" !eanin/s of these words are well settled and cannot confuse !en of reasonable intelli/ence. 9#owever5 b" considerin/ another factor to hasten full dere/ulation5 the E7ecutive Depart!ent rewrote the standards set forth in the statute. 'he E7ecutive is bereft of an" ri/ht to alter either b" subtraction or addition the standards set in the statute.: 9'atad vs. Sec of Ener/":
re/ulation5 the power involved was !ore police power than the power to ta7. ;oreover the Court added that the power to ta7 can be used for re/ulation. As to the validit" of the dele/ation to an e7ecutive a/enc"5 the Court was satisfied that the dele/atin/ law was co!plete in itself and the a!ount to be char/ed was !ade certain b" the para!eters set b" the law itself. 4. ReMuisites fo( a "ali! !ele*ation of (uleH&a9in* powe( o( e@ecution% 91CC8 Bar Question:
(1* (2*
'he dele/atin/ law !ust be co&plete in itself F it !ust set therein the polic" to be carried out or i!ple!ented b" the dele/ate. 'he dele/atin/ law !ust fi7 a sufficient stan!a(!E the li!its of which are sufficientl" deter!inate or deter!inable5 to which the dele/ate !ust confor! in the perfor!ance of his functions.
I&po(tance of Polic). ithout a statutor" declaration of polic"5 the dele/ate would5 in effect5 !a.e or for!ulate such polic"5 which is the essence of ever" law. I&po(tance of Stan!a(!. ithout standard5 there would be no !eans to deter!ine with reasonable certaint" whether the dele/ate has acted within or be"ond the scope of his authorit". #ence5 he could thereb" arro/ate upon hi!self the power5 not onl" to !a.e law5 but also to un!a.e it5 b" adoptin/ !easures inconsistent with the end sou/ht to be attained b" the Act of Con/ress. 9Pelae0 v. Auditor General: 5. Stan!a(!s (. Deed not be e7plicit 1. ;a" be found in various parts of the statute 2. ;a" be e!bodied in other statutes of the sa!e statute 3. A le/islative standard nee! not e e@plicit or for!ulated in precise declarator" lan/ua/e. $t can be drawn fro! the declared polic" of the law and fro! the totalit" of the dele/atin/ statute. 9Js!ena v. Jrbos: $t can be i!plied fro! the polic" and purpose of the law 9A/ustin v. Edu: 2. A le/islative standard !a" e foun! in "a(ious pa(ts of t#e statute. 9'ablarin v. Guttiere0: G. A le/islative standard need not be found in the law challen/ed and &a) e e& o!ie! in ot#e( statues on t#e sa&e su +ect. 9Chion/ba"an v Jrbos: .= Petitioners <uestioned the /rant of the powers to !a"ors to issue per!its for public asse!blies in the Public Asse!bl" Act on
L. E@a&ples of in"ali! !ele*ation

o here there is no standard that the officials !ust observe in deter!inin/ to who! to distribute the confiscated carabaos and carabeef5 there is thus
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SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 92: Power of 'a7ation 9art. > Q1*92:5 art. (6 Q692:5 art >5 Q1)96:: 96: $nvesti/ator" Power 9art. > Q1(: 98: Jversi/ht function 9art. > Q11: 9>: Power to declare the e7istence of state of war 9art. > Q129(:: 9+: Power to act as Board of Canvassers in election of President(6> 9art + Q6: 9*: Power to call a special election for President and ViceEPresident. 9art. + Q(C: 9): Power to 3ud/e President@s ph"sical fitness to dischar/e the functions of the Presidenc" 9art. +Q((: 9(C: Power to revo.e or e7tend suspension of the privile/e of the writ of habeas corpus or declaration of !artial law. 9art. + Q(*: 9((: Power to concur in Presidential a!nesties. Concurrence of !a3orit" of all the !e!bers of Con/ress. 9art.+ Q(): 9(1: Power to concur in treaties or international a/ree!ents. Concurrence of at least 1%2 of all the !e!bers of the Senate.9art.+ Q1(: 9(2: Power to confir! certain appoint!ents%no!inations !ade b" the President 9art.+ Q)5 art.+Q(>: 9(6: Power of $!peach!ent 9art.((Q1: 9(8: Power relative to natural resources(6+ 9art. (1 Q1: 9(>: Power of internal or/ani0ation Election of officers Pro!ul/ate internal rules Disciplinar" powers 9art.> Q(>: Dote= ;e!bers of Con/ress have i!!unit" fro! arrest and parlia!entar" i!!unit".(6* 9art > QQ((O(1: III. Con*(ess Composition of Con#ress )icameralism v& ?nicameralism Composition of Senate Aualification of Senators SenatorsB ,erm of Office @ Sta##erin# of ,erms Composition of HR Aualification of Mem%ers of HR Domicile Propert' Aualification ,erm of Office of Representatives Part';.ist S'stem .e#islative Districts
and manner of preparation of bud/et shall be prescribed b" law. 9art > Q18: 14+ 'his function is non7legislative. (Pimentel v. 1oint Committee on Congress. 1une 22, 2##4* 14/ Antonio ,. :achura, ;utline<=eviewer in Political "aw (2##+ ed.* 142 Privilege from attest is not given to Congress as a bod-, but rather one that is granted particularl- to each individual member of it. (Coffin v. Coffin, 4 4ass 1*
an invalid dele/ation of le/islative power. 9Tnot v. $AC: o here a provision provides that the penalt" would be a fine or (CC pesos J, i!prison!ent in the discretion of the court without prescribin/ the !ini!u! and !a7i!u! periods of i!prison!ent5 a penalt" i!posed based thereon is unconstitutional. $t is not for the courts to fi7 the ter! of i!prison!ent where no points of reference have been provided b" the le/islature. 9People v. Dacu"cu": o here the statute leaves to the sole discretion of the GovernorEGeneral to sa" what was and what was not Aan" causeB for enforcin/ it5 the sa!e is an invalid dele/ation of power. 'he GovernorEGeneral cannot b" procla!ation5 deter!ine what act shall constitute a cri!e or not. 'hat is essentiall" a le/islative tas.. 94S vs. An/ 'an/: o here a statute re<uires ever" public utilit" Ato furnish annuall" a detailed report of finances and operations in such for! and containin/ such !atter as the Board !a"5 fro! ti!e to ti!e5 b" order5 prescribeB5 it see!s that the le/islature si!pl" authori0ed the Board to re<uire what infor!ation the Board wants. Such constitutes an unconstitutional dele/ation of le/islative power. 9Co!pana General de 'abacos de -ilipinas vs. Board of Public 4tilit" Co!!issioners: o here the le/islature has not !ade the operation 9e7ecution: of a statute contin/ent upon specified facts or conditions to be ascertained b" the provincial board but in realit" leaves the entire !atter for the various provincial boards to deter!ine5 such constitute an unconstitutional dele/ation of le/islative power. A law !a" not be suspended as to certain individuals onl"5 leavin/ the law to be en3o"ed b" others. 9People vs. Vera: o 'he authorit" to C,EA'E !unicipal corporations is essentiall" le/islative in nature.
II. POWERS O- CON/RESS A. In#e(ent Powe(s B. E@p(ess Powe(s A. IN0ERENT POWERS 9(: Police power 91: Power of e!inent do!ain 92: Power of ta7ation 96:$!plied Powers 9Conte!pt Power:(62 B. EIPRESS POWERS 9(: Le/islative Power 9art > sec(: 9a: Jrdinar"E power to pass ordinar" laws 9b: Constituent(66E power to a!end and or revise the Constitution 91: Power of the Purse3AB 9art. >Q18:
14& 144
Page 12 of 2##2 ?P ,ar ;ps =eviewer. Propose amendment to or revision of the Constitution (art 1/ G1*Call for a constitutional convention (art 1/ G&*
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:o mone- shall be paid out of the 'reasur- e.cept in pursuance of an appropriation made b- law. (art + G2$(1** 'he form, content,
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UTOPIA
ARIS S. MANGUERA
Election Salaries A. Co&position of Con*(ess 'he Con/ress of the Philippines which shall consist of a Senate and a #ouse of ,epresentatives. 9art > Q(: B. Bica&e(alis& ". $nica&e(alis& 'he Con/ress of the Philippines is a ica&e(al o!) co!posed of a Senate and #ouse of ,epresentatives5 the first bein/ considered as the upper house and the second the lower house. A!vanta#es of ?nicameralism. (. Si!plicit" of or/ani0ation resultin/ in econo!" and efficienc" 1. -acilit" in pinpointin/ responsibilit" for le/islation 2. Avoidance of duplication. A!vanta#es of )icameralism& (. Allows for a bod" with a national perspective to chec. the parochial tendenc" of representatives elected b" district. 1. Allows for !ore careful stud" of le/islation 2. ;a.es the le/islature less susceptible to control b" e7ecutive 4. Serves as trainin/ /round for national leaders.(6) C. Co&position of Senate Section 2. 'he Senate shall be co!posed of twent"Efour senators who shall be elected at lar/e b" the <ualified voters of the Philippines5 as !a" be provided b" law. Electe! at la(*e' (eason. B" providin/ for a !e!bership elected at lar/e b" the electorate5 this rule intends to !a.e the Senate a trainin/ /round for national leaders and possibl" a sprin/board for the Presidenc". 'he feelin/ is that the senator5 havin/ national rather than onl" a district constituenc"5 will have a broader outloo. of the proble!s of the countr" instead of bein/ restricted b" parochial viewpoints and narrow interests. ith such a perspective5 the Senate is li.el" to be !ore circu!spect and broad !inded than the #ouse of ,epresentatives.(8C D. .ualifications of a Senato(
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Section G. Do person shall be a senator unless he is a naturalEborn citi0en of the Philippines5 and5 on the da" of the election5 is at least thirt"E five "ears of a/e5 able to read and write5 a re/istered voter5 and a resident of the Philippines for not less than two "ears i!!ediatel" precedin/ the da" of election. .ualifications of a senato( 9(: DaturalEborn citi0en of the Philippines 91: At least 28 "ears of a/e on the da" of the election 92: Able to read and write 96: ,e/istered voter 98: ,esident of the Philippines for not less than 1 "ears i!!ediatel" precedin/ the da" of election. AJn the da" of the electionB !eans on the da" the votes are cast. 9Bernas Pri!er: E. Senato(sL Te(& of Office !erm Commencement o# !erm 7imitation 1##ect o# <oluntary 9enunciation Staggering o# !erms 9eason #or Staggering Section A. 'he ter! of office of the Senators shall be si7 "ears and shall co!!ence5 unless otherwise provided b" law5 at noon on the thirtieth da" of &une ne7t followin/ their election. Do Senator shall serve for !ore than two consecutive ter!s. Voluntar" renunciation of the office for an" len/th of ti!e shall not be considered as an interruption in the continuit" of his service for the full ter! for which he was elected. 3. Te(&. 'he ter! of office of the Senators shall be > "ears. 2. Co&&ence&ent of te(&. 'he ter! of office of the Senators shall co!!ence on (1=CC noon of &une 2C ne7t followin/ their election. 9unless otherwise provided b" law: G. Li&itation. A Senator !a" not serve for !ore than two consecutive ter!s. #owever5 the" !a" serve for !ore than two ter!s provided that the ter!s are not consecutive. A. Effect of Volunta() Renunciation. Voluntar" renunciation of office for an" len/th of ti!e shall not be considered as an interruption in the
,ernas, Primer p 224, 2##+ ed. 1%# Cru), Phlippine Political "aw.
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA period of not less than one "ear i!!ediatel" precedin/ the da" of the election. .ualifications of Dist(ict Rep(esentati"es% 9(: DaturalEborn citi0en of the Philippines 91: At least 18 "ears of a/e on the da" of the election 92: Able to read and write 96: A re/istered voter in the district in which he shall be elected 98: A resident of the district in which he shall be elected for a period not less than ( "ear i!!ediatel" precedin/ the da" of the election. 0. Do&icile
continuit" of his service for the full ter! for which he was elected. 9art. > Q 6: B. Sta**e(in* of Te(&s. 'he Senate shall not at an" ti!e be co!pletel" dissolved. JneEhalf of the !e!bership is retained as the other half is replaced or reelected ever" three "ears. :. Reason fo( Sta**e(in*. 'he continuit" of the life of the Senate is intended to encoura/e the !aintenance of Senate policies as well as /uarantee that there will be e7perienced !e!bers who can help and train newco!ers in the dischar/e of their duties.(8( -. Co&position of 0ouse of Rep(esentati"es Section B. 9(: 'he #ouse of ,epresentatives shall be co!posed of not !ore than two hundred and fift" !e!bers5 unless otherwise fi7ed b" law5 who shall be elected fro! le/islative districts apportioned a!on/ the provinces5 cities5 and the ;etropolitan ;anila area in accordance with the nu!ber of their respective inhabitants5 and on the basis of a unifor! and pro/ressive ratio5 and those who5 as provided b" law5 shall be elected throu/h a part"E list s"ste! of re/istered national5 re/ional5 and sectoral parties or or/ani0ations. Co&position. 'he co!position of the #ouse of ,epresentatives shall be co!posed of not !ore than 18C !e!bers unless otherwise fi7ed b" law. ,epresentatives shall be elected fro! le/islative districts and throu/h part"Elist s"ste!. a: b: District representatives Part"Elist representatives c* Sectoral representatives 9these e7isted onl" until ())*: /. .ualification of Rep(esentati"es Section :. Do person shall be a !e!ber of the #ouse of ,epresentatives unless he is a natural born citi0en of the Philippines and5 on the da" of the election5 is at least twent"Efive "ears of a/e5 able to read and write5 and e7cept the part"E list representatives5 a re/istered voter in the district in which he shall be elected5 and a resident thereof for a
1%1
Do&icile ,esidence as a <ualification !eans Ado!icileB. Dor!all" a person@s do!icile is his do!icile of ori/in. $f a person never loses his or her do!icile5 the one "ear re<uire!ent of Section > is not of relevance because he or she is dee!ed never to have left the place. 9,o!ualde0E;arcos v. CJ;ELEC: A person !a" lose her do!icile b" voluntar" abandon!ent for a new one or b" !arria/e to a husband 9who under the Civil Code dictates the wife@s do!icile:. C#an*e of !o&icile 'o successfull" effect a chan/e of do!icile5 there !ust be= o Ph'sical PresenceE,esidence or bodil" presence in the new localit" 9'he chan/e of residence !ust be voluntar": o Animus manen!i E$ntention to re!ain in the new localit" 9'he purpose to re!ain in or at the do!icile of choice !ust be for an indefinite period of ti!e: o Animus non reverten!iE$ntention to abandon old do!icile A lease contract does not ade<uatel" support a chan/e of do!icile. 'he lease does not constitute a clear ani!us !anendi. 9Do!ino v. CJ;ELEC: #owever a lease contract coupled with affidavit of the owner where a person lives5 his !arria/e certificate5 birth certificate of his dau/hter and various letter !a" prove that a person has chan/ed his residence. 9Pere0 v. CJ;ELEC: I. P(ope(t) .ualification Propert" <ualifications are contrar" to the social 3ustice provision of the Constitution. Such will also
Cru), Philippine Political "aw.
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ARIS S. MANGUERA
be addin/ Constitution.
<ualifications
provided
b"
the
4. Te(& of Office of Rep(esentati"es Section 8. 'he !e!bers of the #ouse of ,epresentatives shall be elected for a ter! of three "ears which shall be/in5 unless otherwise provided b" law5 at noon on the thirtieth da" of &une ne7t followin/ their election. Do !e!ber of the #ouse ,epresentatives shall serve for !ore than three consecutive ter!s. Voluntar" renunciation of the office for an" len/th of ti!e shall not be considered as an interruption in the continuit" of his service for the full ter! for which he was elected. Te(& ". Tenu(e. 'er! refers to the period durin/ which an official is entitled to hold office. 'enure refers to the period durin/ which the official actuall" holds the office. 'he ter! of office of ,epresentatives shall be 2 "ears. 'he ter! of office of ,epresentatives shall co!!ence on (1=CCnoon of &une 2C ne7t followin/ their election. 9unless otherwise provided b" law: A ,epresentative !a" not serve for !ore than 2 consecuti e ter!s. #owever5 he !a" serve for !ore than 2 ter!s provided that the ter!s are not consecutive. 9())> Bar Question: W#) t#(ee )ea(s, Jne purpose in reducin/ the ter! for three "ears is to s"nchroni0e elections5 which in the case of the Senate are held at threeE "ear intervals 9to elect oneEhalf of the bod": and in the case of the President and ViceEPresident ever" si7 "ears.(81 Volunta() (enunciation of office for an" len/th of ti!e shall not be considered as an interruption in the continuit" of his service for the full ter! for which he was elected. A an!on&ent of Dimaporo. 'he case of :imaporo . Mitra which held that Afilin/ of CJC for a different position is a voluntar" renunciationB has been abandoned because of the -air Elections Act. -a(inas case. 'he rulin/ case now is -arinas . 12ecuti e Secretary which held that Afilin/ of CJC is not constitutive of voluntar" renunciation for elected officials.B 5. Pa(t) List S)ste&
1%2
+artyBlist system +artyBlist 9epresentati es 6uidelines +arties or organi=ations dis%uali#ied Juali#ications o# a partyBlist nominee Section 8. 91: 'he part"Elist representatives shall constitute twent" per centu! of the total nu!ber of representatives includin/ those under the part"Elist. -or three consecutive ter!s after the ratification of this Constitution5 oneE half of the seats allocated to part"Elist representatives shall be filled5 as !a" be provided b" law5 b" selection or election fro! the labor5 peasant5 urban poor5 indi/enous cultural co!!unities5 wo!en5 "outh5 and such other sectors as !a" be provided b" law5 e7cept the reli/ious sector. 3. Pa(t)Hlist S)ste&. 9,A +)6(: 'he part"Elist s"ste! is a !echanis! of proportional representation in the election of representatives of the #ouse of ,epresentatives fro! national5 re/ional5 and sectoral parties or or/ani0ations or coalitions thereof re/istered with the Co!!ission on Elections. Reason fo( pa(t)Hlist s)ste&. $t is hoped that the s"ste! will de!ocrati0e political power b" encoura/in/ the /rowth of a !ultiEpart" s"ste!. 2. Pa(t)Hlist (ep(esentati"es Ceilin*. A'he part"Elist representatives shall constitute 1CU of the total nu!ber of representatives.B Section 891: of Article V$ is not !andator". $t !erel" provides a ceilin/ for part"Elist seats in Con/ress. 9Veterans -ederation Part" v. CJ;ELEC: 'he 1U threshold re<uire!ent and the 2 seatEli!it provided in ,A +)6( are valid. Con/ress was vested with broad power to define and prescribe the !echanics of the part"Elist s"ste! of representation. Con/ress wanted to ensure that onl" those parties5 or/ani0ations and coalitions havin/ sufficient nu!ber of constituents deservin/ of representation are actuall" represented in Con/ress. 9Veterans -ederation Part" v. CJ;ELEC: Co&putation 'he Court reiterated that Bthe prevailing formula for the computation of additional seats for part-7list winners is the formula stated in the landmar6 case of "eterans.C CIBAC v C !"L"C, @.=. :o. 1/21#& (2##/* #o. of votes of
Cru), Philippine Political law.
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ARIS S. MANGUERA
concerned part- #o. of Additional additional seats !eats for HHHHHHHHHHHH allocated to t%e&concerned $first party partH :o. of votes of first part-
G. /ui!elines on w#at o(*aniFations &a) appl) in t#e pa(t)Hlist s)ste&= 9(: 'he parties or or/ani0ations !ust represent the !ar/inali0ed and underrepresented in Section 8 of ,A +)6(G 91: Political parties who wish to participate !ust co!pl" with this polic"G 92: 'he reli/ious sector !a" not be representedG 96: 'he part" or or/ani0ation !ust not be dis<ualified under Section > of ,A +)6(G 98: 'he part" or or/ani0ation !ust not be an ad3unct of or a pro3ect or/ani0ed or an entit" funded or assisted b" the /overn!entG 9>: $ts no!inees !ust li.ewise co!pl" with the re<uire!ents of the lawG 9+: 'he no!inee !ust li.ewise be able to contribute to the for!ulation and enact!ent of le/islation that will benefit the nation. 9An/ Ba/on/ Ba"ani v. CJ;ELEC5 &une 1>5 1CC(: A. Pa(ties o( o(*aniFations !isMualifie! 'he CJ;ELEC !a" !otu propio or upon verified co!plaint of an" interested part"5 re!ove or cancel after due notice and hearin/ the re/istration of an" national5 re/ional or sectoral part"5 or/ani0ation or coalition on an" of the followin/ /rounds= (. t is a reli/ious sect or deno!ination5 or/ani0ation or association or/ani0ed for reli/ious purposesG 1. $t advocates violence or unlawful !eans to see. its /oalG 2. $t is a forei/n part" or or/ani0ationG 6. $t is receivin/ support fro! an" forei/n /overn!ent5 forei/n political part"5 foundation5 or/ani0ation5 whether directl" or throu/h an" of its officers or !e!bers or indirectl" throu/h third parties for partisan election purposesG 8. $t violates or fails to co!pl" with laws5 rules or re/ulations relatin/ to elections. >. $t declares untruthful state!ents in its petitionG +. $t has ceased to e7ist for at least one 9(: "earG *. $t fails to participate in the last two 91: precedin/ elections or fails to obtain at least two per centu! 91U: of the votes cast under the part"Elist s"ste! in the two 91: precedin/ elections for the constituenc" in which it has re/istered.
B. .ualifications of a pa(t)Hlist no&inee in RA 86A3% 9(: DaturalEborn citi0en of the PhilippinesG 91: ,e/istered VoterG 92: ,esident of the Philippines for a period of not less than ( "ear i!!ediatel" precedin/ the da" of election 96: Able to read and write 98: A bona fide !e!ber of the part" or or/ani0ation which he see.s to represent for at least )C da"s precedin/ the da" of election 9>: At least 18 "ears of a/e. 9An/ Ba/on/ Ba"ani v. CJ;ELEC: Political Pa(ties. Political parties !a" participate in the part"Elist s"ste! 9as lon/ as the" co!pl" with the /uidelines in Section 8 of ,A +)6(.: 9An/ Ba/on/ Ba"ani v. CJ;ELEC: Section (C of ,A +)6( provides that the votes cast for a part" which is not entitled to be voted for the part"Elist s"ste! should not be counted. 'he votes the" obtained should be deducted fro! the canvass of the total nu!ber of votes cast for the part"Elist s"ste!. 9An/ Ba/on/ Ba"ani v. CJ;ELEC: Reli*ious secto(s ". Reli*ious lea!e(s. 'here is a prohibition of reli/ious sectors. #owever5 there is no prohibition fro! bein/ elected or selected as sectoral representatives. L. Le*islati"e Dist(icts Apportionment 9eason #or the 9ule 9eapportionment 6errymandering Section 8 92: Each le/islative district shall co!prise5 as far aspracticable5 conti/uous5 co!pact and ad3acent territor". Each cit" with a population of at least two hundred fift" thousand5 or each province5 shall have at least one representative. 96: ithin three "ears followin/ the return of ever" census5 the Con/ress shall !a.e a reapportion!ent of le/islative districts based on the standards provided in this section. 3. Appo(tion&ent Le/islative districts are apportioned a!on/ the provinces5 cities5 and the ;etropolitan ;anila area. Le/islative districts are apportioned in accordance with the nu!ber of their respect inhabitants and on the basis of a unifor! and pro/ressive ratio. 9art. > Q 8:
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OF
UTOPIA
ARIS S. MANGUERA #ouse of ,epresentatives shall be held on the second ;onda" of ;a". Re*ula( election A person holdin/ office in the #ouse !ust "ield his or her seat to the person declared b" the CJ;ELEC to be the winner. 'he Spea.er shall ad!inister the oath to the winner. 9Codilla v. De Venecia: DisMualifie! ;winne(? 'he Court has also clarified the rule on who should assu!e the position should the candidate who received the hi/hest nu!ber of votes is dis<ualified. 'he second in ran. does not ta.e his place. 'he reason is si!ple= A$t is of no !o!ent that there is onl" a !ar/in of +>* votes between protestant and protestee. hether the !ar/in is ten or ten thousand5 it still re!ains that protestant did not receive the !andate of the !a3orit" durin/ the elections. 'hus5 to proclai! hi! as the dul" elected representative in the stead of protestee would be anathe!a to the !ost basic precepts of republicanis! and de!ocrac" as enshrined within our Constitution.B(82 Section 6. $n case of vacanc" in the Senate or in the #ouse of ,epresentatives5 a special election !a" be called to fill such vacanc" in the !anner prescribed b" law5 but the Senator or ;e!ber of the #ouse of ,epresentatives thus elected shall serve onl" for the une7pired ter!. Special election A special election to fill in a vacanc" is not !andator". $n a special election to fill a vacanc"5 the rule is that a statute that e7pressl" provides that an election to fill a vacanc" shall be held at the ne7t /eneral elections5 fi7es the date at which the special election is to be held and operates as the call for that election. Conse<uentl"5 an election held at the ti!e thus prescribed is not invalidated b" the fact that the bod" char/ed b" law with the dut" of callin/ the election failed to do so. 'his is because the ri/ht and dut" to hold the election e!anate fro! the statue and not fro! an" call for election b" so!e authorit" and the law thus char/es voters with .nowled/e of the ti!e and place of the election. 9'olentino v. CJ;ELEC: Special Election DR.A. ::ABE (. Do special election will be called if vacanc" occurs= a. at least ei/hteen 9(*: !onths before the ne7t re/ular election for the !e!bers of the SenateG
1%&
Each cit" with a population of at least 18C5CCC shall have at least one representative. Each province representative. shall have at least one
'he <uestion of the validit" of an apportion!ent law is a 3usticiable <uestion. 9;acias v. Co!elec: 2. Reason fo( t#e (ule. 'he underl"in/ principle behind the rule for apportion!ent 9that representative districts are apportioned a!on/ provinces5 cities5 and !unicipalities in accordance with the number o# their respecti e inhabitants, and on the basis o# a uni#orm and progressi e ration.$/ is the concept of eMualit) of (ep(esentation which is a basic principle of republicanis!. Jne !an@s vote should carr" as !uch wei/ht as the vote of ever" other !an. Section 8 provides that the #ouse shall be co!posed of not !ore than 18C !e!bers unless otherwise provided b" law. 'hus5 Con/ress itself !a" b" law increase the co!position of the #,. 9'obias v. Abalos: hen one of the !unicipalities of a con/ressional district is converted to a cit" lar/e enou/h to entitle it to one le/islative district5 the incidental effect is the splittin/ of district into two. 'he incidental arisin/ of a new district in this !anner need not be preceded b" a census. 9'obias v. Abalos: G. Reappo(tion&ent ,eapportion!ent can be !ade thru a special law. 9;ariano v. CJ;ELEC: Correction of i!balance as a result of the increase in nu!ber of le/islative districts !ust await the enact!ent of reapportion!ent law. 9;onte3o v. CJ;ELEC: A. /e(()&an!e(in* Gerr"!anderin/ is the for!ation of one le/islative district out of separate territories for the purpose of favorin/ a candidate or a part". Gerr"!anderin/ is not allowed. 'he Constitution provides that each district shall co!prise5 as far as practicable5 conti/uous5 co!pact and ad3acent territor". M. Election (. ,e/ular Election 1. Special Election Section 7. 4nless otherwise provided b" law5 the re/ular election of the Senators and the ;e!bers of the
Ocampo v. #$ET! @.=. :o. 1%24++. 1une 1%, 2##4.
22
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA B. Pa(lia&enta() f(ee!o& of speec# an! !e ate Section 33. A Senator or ;e!ber of the #ouse of ,epresentatives shall5 in all offenses punishable b" not !ore than si7 "ears i!prison!ent5 be privile/ed fro! arrest while the Con/ress is in session. Do !e!ber shall be <uestioned nor be held liable in an" other place for an" speech or debate in the Con/ress or in an" co!!ittee thereof. A. P(i"ile*e f(o& A((est DPa(lia&enta() I&&unit) of A((estE +ri ilege +urpose Scope 7imitations +ri ilege is +ersonal !rillanes Case 3. P(i"ile*e. A !e!ber of Con/ress is privile/ed fro! arrest w#ile Con*(ess is in session in all offenses 9cri!inal or civil: not punishable b" !ore than > "ears i!prison!ent. 2. Pu(pose. Privile/e is intended to ensure representation of the constituents of the !e!ber of Con/ress b" preventin/ atte!pts to .eep hi! fro! attendin/ sessions.(88 G. Scope. Parlia!entar" i!!unit" onl" includes the i!!unit" fro! arrest5 and not of bein/ filed suit. A. Li&itations on Pa(lia&enta() I&&unit) 1. Cri!e has a !a7i!u! penalt" of not !ore than > "earsG 2. Con/ress is in session5 whether re/ular or specialG &. Prosecution will continue independent of arrestG 4. ill be sub3ect to arrest i!!ediatel" when Con/ress ad3ourns. W#ile in session. 'he privile/e is available Awhile the Con/ress is in session5B whether re/ular or special and whether or not the le/islator is actuall" attendin/ a session. ASessionB as here used does not refer to the da"EtoEda" !eetin/s of the le/islature but to the entire period fro! its initial convenin/ until its final ad3ourn!ent.(8> #ence the privile/e is not available while Con/ress is in recess. W#) not a"aila le !u(in* (ecess. Since the purpose of the privile/e is to protect the le/islator
1%% 1%+
at least one 9(: "ear before the ne7t re/ular election !e!bers of Con/ress 1. 'he particular #ouse of Con/ress where vacanc" occurs !ust pass either a resolution if Con/ress is in session or the Senate President or the Spea.er !ust si/n a certification5 if Con/ress is not in session5 a. declarin/ the e7istence of vacanc"G b. callin/ for a special election to be held within 68 to )C da"s fro! the date of the resolution or certification. 2. 'he Senator or representative elected shall serve onl" for the une7pired ter!. N. Sala(ies ,hen increase may take e##ect 9eason #ro the delayed e##ect o# increased salary 1moluments Allowances Section 3J. 'he salaries of Senators and ;e!bers of the #ouse of ,epresentatives shall be deter!ined b" law. Do increase in said co!pensation shall ta.e effect until after the e7piration of the full ter! of all the !e!bers of the Senate and the #ouse of ,epresentatives approvin/ such increase. 3. W#en inc(ease &a) ta9e effect. Do increase in the salaries of Senators and ,epresentatives shall ta.e effect until after the e7piration of the full ter! of all the !e!bers of the Senate and #ouse of ,epresentatives. 2. Reason fo( t#e !ela)e! effect of inc(ease! sala(). $ts purpose is to place a Ale/al bar to the le/islators@ "ieldin/ to the natural te!ptation to increase their salaries. 9P#$LCJDSA v. ;atha": G. E&olu&ents. Bernas sub!its that5 b" appealin/ to the spirit of the prohibition5 the provision !a" be read as an absolute ban on an" for! of direct or indirect increase of salar" 9li.e e!olu!ents:. A. Allowances. A !e!ber of the Con/ress !a" receive office and necessar" travel allowances since allowances ta.e effect i!!ediatel". Dor is there a le/al li!it on the a!ount that !a" be appropriated. 'he onl" li!it is !oral5 because5 accordin/ to Section 1C5 the boo.s of Con/ress are audited b" the Co!!ission on Audit ?which shall publish annuall" an ite!i0ed list of a!ounts paid and e7penses incurred for each ;e!ber.(86 IV. PRIVILE/ES O- MEMBERS A.
1%4
b.
P(i"ile*e f(o& A((est
,ernas Commentar-, p/##.
Cru), Philippine Political "aw. Cru), Philippine Political "aw.
26
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA the suspension ordered b" his peers for disorderl" behavior which is a penalt". :. T(illanes Case 9&une 1+5 1CC*:
$n a unani!ous decision penned b" &ustice Carpio ;orales5 the SC en banc 3un.ed Senator Antonio 'rillanes@ petition see.in/ that he be allowed to perfor! his duties as a Senator while still under detention. SC barred 'rillanes fro! attendin/ Senate hearin/s while has pendin/ cases5 affir!in/ the decision of ;a.ati &ud/e Jscar Pi!entel. 'he SC re!inded 'rillanes that Aelection to office does not obliterate a cri!inal char/eB5 and that his electoral victor" onl" si/nifies that when voters elected hi!5 the" were alread" full" aware of his li!itations. 'he SC did not find !erit in 'rillanes@ position that his case is different fro! for!er representative ,o!eo &alos3os5 who also sou/ht si!ilar privile/es before when he served as Pa!boan/a del Dorte con/ress!an even while in detention. Quotin/ parts of the decision on &alos3os5 SC said that Aallowin/ accusedEappellant to attend con/ressional sessions and co!!ittee !eetin/s five da"s or !ore a wee. will virtuall" !a.e hi! a free !anK Such an aberrant situation not onl" elevates accused appellant@s status to that of a special class5 it would be a !oc.er" of the purposes of the correction s"ste!.B 'he SC also did not bu" 'rillanes@ ar/u!ent that he be /iven the sa!e liberal treat!ent accorded to certain detention prisoners char/ed with nonEbailable offenses5 li.e for!er President &oseph Estrada and for!er Autono!ous ,e/ion in ;usli! ;indanao 9A,;;: /overnor Dur ;isuari5 sa"in/ these e!er/enc" or te!porar" leaves are under the discretion of the authorities or the courts handlin/ the!. 'he SC re!inded 'rillanes that he also benefited fro! these Ate!porar" leavesB /iven b" the courts when he was allowed to file his candidac" and attend his oathEta.in/ as a senator before. 'he SC also believes that there is a Asli/ht ris.B that 'rillanes would escape once he is /iven the privile/es he is as.in/5 citin/ the Peninsula ;anila incident last Dove!ber.
a/ainst harass!ent which will .eep hi! awa" fro! le/islative sessions5 there is no point in e7tendin/ the privile/e to the period when the Con/ress is not in session. B. P(i"ile*e is pe(sonal. Privile/e is personal to each !e!ber of the le/islature5 and in order that its benefits !a" be availed of5 it !ust be asserted at the proper ti!e and placeG otherwise it will be considered waived.(8+ P(i"ile*e not *(ante! to Con*(ess ut to its &e& e(s. Privile/e fro! arrest is not /iven to Con/ress as a bod"5 but rather one that is /ranted particularl" to each individual !e!ber of it. 9Coffin v. Coffin5 6 ;ass (:(8* Privile/e is reinforced b" Article (68 of the ,evised Penal CodeE<iolation o# +arliamentary Immunity. Note% 'he provision sa"s p(i"ile*e f(o& a((estG it does not sa" privile/e fro! detention. Q= Con/ress!an &alos3os was convicted for rape and detained in prison5 as.s that he be allowed to attend sessions of the #ouse. A= ;e!bers of Con/ress are not e7e!pt fro! detention for cri!e. 'he" !a" be arrested5 even when the #ouse in session5 for cri!es punishable b" a penalt" of !ore than si7 !onths. Q= Con/ress!an S was convicted for a cri!e with a punish!ent of less than > "ears. #e as.s that he be allowed to attend sessions of the #ouse contendin/ that the punish!ent for the cri!e for which he was convicted is less than > "ears. A= $ sub!it that Con/ress!an S can be detained even if the punish!ent i!posed is less than > "ears. 'he provision onl" spea.s of privile/e fro! arrest. $t does not spea. of e7e!ption fro! servin/ sentence after conviction. ;e!bers of Con/ress are not e7e!pt fro! detention for cri!e.Eas! Q= Can the Sandi/anba"an order the preventive suspension of a ;e!ber of the #ouse of ,epresentatives bein/ prosecuted cri!inall" for violation of the AntiEGraft and Corrupt Practices ActR A= Tes. $n +aredes . Sandiganbayan5 the Court held that the accused cannot validl" ar/ue that onl" his peers in the #ouse of ,epresentatives can suspend hi! because the courtEordered suspension is a preventive !easure that is different and distinct fro!
1%/ 1%2
B. P(i"ile*e of Speec# an! De ate 9e%uirements +urpose Scope +ri ilege 0ot Absolute <& Isa#ani Cru1% 2 ReMui(e&ents fo( t#e p(i"ile*e to e a"aile! of% (. 'hat the re!ar.s !ust be !ade while the le/islature or the le/islative co!!ittee is functionin/5 that is in sessionG(8) (See &i!ene0 v. Caban/ban/: 1. 'hat the" !ust be !ade in connection with the dischar/e of official duties.(>C But waitN As re/ards ,e<uire!ent V( provided b" Cru05 Bernas Pri!er provides= to co!e under the privile/e5 it is not essential that the Con/ress be in session when the utterance is !ade. hat is essential is that the utterance !ust constitute Ale/islative action.B(>(
1%$
!inco, Philippine Political "aw, p. 12/, 1#th ed. !inco, Philippine Political "aw, p. 12/, 1#th ed.
Cru), Philippine Political "aw p. 11+ (1$$% ed.*3 See 'imene( v. Cabangbang. 1+# Cru), Philippine Political "aw p. 11+ (1$$% ed.*. 1+1 ,ernas Primer, p. 24% (2##+ ed.*
28
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
Libelous re!ar.s not in e7ercise of le/islative function shall not be under privile/e of speech. 'o invo.e the privile/e of speech5 the !atter !ust be oral and !ust be proven to be indeed privile/ed. 2. Pu(pose. $t is intended to leave le/islator uni!peded in the perfor!ance of his duties and free for! harass!ent outside.(>1 Privile/e of speech and debate enables the le/islator to e7press views bearin/ upon the public interest without fear of accountabilit" outside the halls of the le/islature for his inabilit" to support his state!ents with the usual evidence re<uired in the court of 3ustice. $n other words5 he is /iven !ore leewa" than the ordinar" citi0en in the ventilation of !atters that ou/ht to be divul/ed for the public /ood.(>2 G. Scope%3:A 9(: 'he privile/e is a protection onl" a/ainst foru!s other than the Con/ress itself. 9Js!ena v. Pendatun: 91: ASpeech or debateB includes utterances !ade in the perfor!ance of official functions5 such as speeches delivered5 state!ents !ade5 votes cast5 as well as bills introduced and other acts done in the perfor!ance of official duties. 9&i!ene0 v. Caban/ban/: (&* 'o co!e under the privile/e5 it is not essential that the Con/ress be in session when the utterance is !ade. hat is essential is that the utterance !ust constitute Ale*islati"e actionB5 that is5 it !ust be part of the deliberative and co!!unicative process b" which le/islators participate in co!!ittee or con/ressional proceedin/s in the consideration of proposed le/islation or of other !atters which the Constitution has placed within the 3urisdiction of Con/ress. 9Gravel v. 4S: (4* 'he privile/e e7tends to a/ents of asse!bl"!en provided that the Aa/enc"B consists precisel" in assistin/ the le/islator in the perfor!ance of Ale/islative actionB 9Gravel v. 4S: A. P(i"ile*e not a solute. 'he rule provides that the le/islator !a" not be <uestioned Ain an" other place5B which !eans that he !a" be called to account for his re!ar.s b" his own collea/ues in the Con/ress itself and5 when warranted5 punished for Adisorderl" behavior.B(>8
1+2 1+&
V. D$TC TO DISCLOSEK PRO0IBITIONS A& )& Dut' to Disclose Prohi%itions
A. Dut) to !isclose Section 32. All !e!bers of the Senate and the #ouse of ,epresentative shall5 upon assu!ption of office5 !a.e a full disclosure of their financial and business interests. 'he" shall notif" the #ouse concerned of a potential conflict of interest that !a" arise fro! the filin/ of a proposed le/islation of which the" are authors. 'his provision spea.s of dut" to disclose the followin/= (1* -inancial an! usiness inte(est upon assumption o# o##ice (2* Potential conflict of inte(est that !a" arise fro! filin/ of a proposed legislation o# which they are authors. B. P(o#i itions DDisMualifications an! In#i itionsE +rohibitions :is%uali#ications +rohibitions on lawyerBlegislators Con#lict o# interests :is%uali#ications Section 3G. Do Senator or ;e!ber of the #ouse of ,epresentatives !a" hold an" other office or e!plo"!ent in the /overn!ent5 or an" subdivision5 a/enc"5 or instru!entalit" thereof5 includin/ /overn!entEowned or controlled corporation or their subsidiaries5 durin/ his ter! without forfeitin/ his seat. Deither shall he be appointed to an" office which !a" have been created or the e!olu!ents thereof increased durin/ the ter! for which he was elected.
,ernas Primer, p. 24% (2##+*. Cru), Philippine Political "aw. 1+4 ,ernas Primer, p. 24% (2##+ ed.* 1+% Cru), Philippine Political "aw3 See ;smena v. Pendatun.
Section 3A. Do Senator or ;e!ber of the #ouse of ,epresentatives !a" personall" appear as counsel before an" court of 3ustice or before the Electoral 'ribunals5 or <uasiE3udicial and other ad!inistrative bodies. Deither shall he5 directl" or indirectl"5 be interested financiall" in an"
2>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 1: -orbidden office 91nd sentence of article (2: P(o#i ition not a solute. 'he prohibition a/ainst the holdin/ of an inco!patible office is not absoluteG what is not allowed is the si!ultaneous holdin/ of that office and the seat in Con/ress.(>> #ence5 a !e!ber of Con/ress !a" resi/n in order to accept an appoint!ent in the /overn!ent before the e7piration of his ter!.(>+ W#en office not inco&pati le. Dot ever" other office or e!plo"!ent is to be re/arded as inco!patible with the le/islative position. -or5 e7a!ple5 !e!bership in the Electroral 'ribunals is per!itted b" the Constitution itself. ;oreover5 if it can be shown that the second office is an e7tension of the le/islative position or is in aid of le/islative duties5 the holdin/ thereof will not result in the loss of the le/islator@s seat in the Con/ress.(>* -orbidden 3##ice. Pu(pose. 'he purpose is to prevent traffic.in/ in public office.(>) 'he reasons for e7cludin/ persons fro! office who have been concerned in creatin/ the! or increasin/ the e!olu!ents are to ta.e awa" as far as possible5 an" i!proper bias in the vote of the representative and to secure to the constituents so!e sole!n pled/e of his disinterestedness.(+C Scope of p(o#i ition. 'he provision does not appl" to elective offices5 which are filled b" the voters the!selves. 'he appoint!ent of the !e!ber of the Con/ress to the forbidden office is not allowed onl) durin/ the ter! for which he was elected5 when such office was created or its e!olu!ents were increased. After such ter!5 and even if the le/islator is reE elected5 the dis<ualification no lon/er applies and he !a" therefore be appointed to the office.(+( G. +rohibition on lawyer legislators. Pu(pose. 'he purpose is to prevent the le/islator fro! e7ertin/ undue influence5 deliberatel" or not5 upon the bod" where he is appearin/.(+1 Not a *enuine pa(t) to a case. A con/ress!an !a" not bu" a no!inal account of shares in a corporation which is part" to a suit before the SEC
1++ 1+/
contract with5 or in an" franchise or special privile/e /ranted b" the Govern!ent5 or an" subdivision5 a/enc" or instru!entalit" thereof5 includin/ an" /overn!entEowned or controlled corporation5 or its subsidiar"5 durin/ his ter! of office. #e shall not intervene in an" !atter before an" office of the Govern!ent for his pecuniar" benefit or where he !a" be called upon to act on account of his office. 3. P(o#i itions% :is%uali#ications (1* To #ol! an) ot#e( office o( e&plo)&ent in the /overn!ent5 or an" subdivision5 a/enc"5 or instru!entalit" thereof5 includin/ /overn!entEowned or controlled corporation or their subsidiaries !u(in* #is te(& without forfeitin/ his seat. 9$nco!patible office: (2* To e appointe! to an) office which !a" have been created or the e!olu!ents thereof increased durin/ the ter! for which he was elected. 9-orbidden office: +rohibitions on lawyerBlegislators (&* To pe(sonall) appea( as counsel before an" court of 3ustice or before the Electoral 'ribunals5 or <uasiE3udicial and other ad!inistrative bodies. Con#lict o# Interests (4* To e inte(este! financiall)5 directl" or indirectl"5 in an" cont(act with5 or in an" f(anc#ise or special p(i"ile*e /ranted b" the Govern!ent5 or an" subdivision5 a/enc" or instru!entalit" thereof5 includin/ an" /overn!entEowned or controlled corporation5 or its subsidiar"5 !u(in* #is te(& of office. (%* To inte("ene in an) &atte( before an" office of the Govern!ent fo( #is pecunia() enefit or inte("ene in an) &atte( before an" office of the Govern!ent where he !a" be called upon to act on account of his office. (H/ See Section 'G 2. :is%uali#ications Incompatible 3##ice Pu(pose. 'he purpose of prohibition of inco!patible offices is to prevent hi! fro! owin/ lo"alt" to another branch of the /overn!ent5 to the detri!ent of the independence of the le/islature and the doctrine of separation of powers. 2 5in!s of Office un!e( A(ticle 3G (: $nco!patible office 9(st sentence of article (2:
Cru), Philippine Political "aw. ,ernas Primer, p.24+ (2##+*. 1+2 Cru), Philippine Political "aw. 1+$ Cru), Philippine Political "aw. 1/# 4r. 1ustice !tor- Fuoted in !inco, Philippine Political "aw, p. 1+& (1$%4*. 1/1 Cru), Philippine Political "aw. 1/2 Cru), Philippine Political "aw.
2+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Section 3B. 'he Con/ress shall convene once ever" "ear on the fourth ;onda" of &ul" for its re/ular session5 unless a different date is fi7ed b" law5 and shall continue to be in session for such nu!ber of da"s as it !a" deter!ine until thirt" da"s before the openin/ of its ne7t re/ular session5 e7clusive of Saturda"s5 Sunda"s5 and le/al holida"s. 'he President !a" call a special session at an" ti!e. Re*ula( session Con/ress shall convene once ever" "ear for its re/ular session. Con/ress shall convene on the 6th ;onda" of &ul" 9unless a different date is fi7ed b" law: until 2C da"s 9e7clusive of Saturda"s5 Sunda"s and le/al holida"s: before the openin/ of the ne7t re/ular session. Special session A special session is one called b" the President while the le/islature is in recess. Man!ato() (ecess. A !andator" recess is prescribed for the thirt"Eda" period before the openin/ of the ne7t re/ular session5 e7cludin/ Saturda"s5 Sunda"s and le/al holida"s. 'his is the !ini!u! period of recess and !a" be len/thened b" the Con/ress in its discretion. $t !a" however5 be called in special session at an" ti!e b" the President. 'he President@s call is not necessar" in so!e instances= (. hen the Con/ress !eets to canvass the presidential elections 1. 'o call a special election when both the Presidenc" and ViceEPresidenc" are vacated &. hen it decides to e7ercise the power of i!peach!ent where the respondent is the President hi!self.(+> Q= ;a" the President li!it the sub3ects which !a" be considered durin/ a special election called b" hi!R A= Do. 'he President is /iven the power to call a session and to specif" sub3ects he wants considered5 but it does not e!power hi! to prohibit consideration of other sub3ects. After all5 Con/ress5 if it so wishers5 !a" sta" in re/ular session al!ost all "ear round.(++
1/+ 1//
and then appear in AinterventionB. 'hat which the Constitution directl" prohibits !a" not be done b" indirection. 9Pu"at v. De Gu0!an: P(o#i ition is pe(sonal. $t does not appl" to law fir! where a law"erECon/ress!an !a" be a !e!ber.(+2 'he law"erEle/islator !a" still en/a/e in the practice of his profession e7cept that when it co!e to trials and hearin/s before the bodies aboveE!entioned5 appearance !a" be !ade not b" hi! but b" so!e !e!ber of his law office.(+6 Plea!in*s. A con/ress!an cannot si/n pleadin/s Has counsel for a clientI 9Ville/as case: A. Con#lict o# Interests -inancial Interest Pu(pose. 'his is because of the influence the" can easil" e7ercise in obtainin/ these concessions. 'he idea is to prevent abuses fro! bein/ co!!itted b" the !e!bers of Con/ress to the pre3udice of the public welfare and particularl" of le/iti!ate contractors with the /overn!ent who otherwise !i/ht be placed at a disadvanta/eous position isB KB is the le/islator. Cont(act. 'he contracts referred to here are those involvin/ Afinancial interest5B that is5 contracts fro! which the le/islator e7pects to derive so!e profit at the e7pense of the /overn!ent.(+8 Pecunia() Benefit. 'he prohibited pecuniar" benefit could be direct or indirect and this would cover pecuniar" benefit for relatives. 9Bernas Co!!entar"5 p. +(C5 (Cth ed.: VI. INTERNAL /OVERNMENT O- CON/RESS
Sessions A!5ournment Officers Auorum Internal Rules Disciplinar' Po ers .e#islative *ournal an! Con#ressional Recor! Enrolle! )ill Doctrine
A. Sessions (. ,e/ular 1. Special 2. &oint Sessions
1/& 1/4
,ernas Primer, p.24/ (2##+*. Cru). Philippine Political "aw. 1/% Cru), Philippine Political "aw. "egislators cannot be members of the board of corporations with contract with the government. !uch would be at least indirect financial interest. (,ernas Commentar-, p. /1#, 1#th ed.*
Cru), Philippine Political "aw, ,ernas Commentar-, p./11, (2##& ed.*
2*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA coordinative rule is necessar" because the two houses for! onl" one le/islative bod".(+) C. Office(s Section 3:. 9(: 'he Senate shall elect its President and the #ouse of ,epresentatives its Spea.er5 b" a !a3orit" vote of all its respective ;e!bers. Each #ouse shall choose such other officers as it !a" dee! necessar". Office(s of t#e Con*(ess= 9(: Senate President 91: #ouse Spea.er 92: Such other officers as each #ouse !a" dee! necessar". $t is well within the power and 3urisdiction of the Court to in<uire whether the Senate or its officials co!!itted a violation of the Constitution or /ravel" abused their discretion in the e7ercise of their functions and prero/atives. 9Santia/o v. Guin/ona: 'he !ethod of choosin/ who will be the other officers !ust be prescribed b" Senate itself. $n the absence of constitutional and statutor" /uidelines or specific rules5 this Court is devoid of an" basis upon which to deter!ine the le/alit" of the acts of the Senate relative thereto. Jn /rounds of respect for the basic concept of separation of powers5 courts !a" not intervene in the internal affairs of the le/islatureG it is not within the province of courts to direct Con/ress how to do its wor.. 9Santia/o v. Guin/ona: D. .uo(u& Section (> 91: A !a3orit" of each #ouse shall constitute a <uoru! to do business5 but a s!aller nu!ber !a" ad3ourn fro! da" to da" and !a" co!pel the attendance of absent ;e!bers in such !anner and under such penalties5 as such #ouse !a" provide. .uo(u& to !o usiness. A !a3orit" of each #ouse shall constitute a <uoru! to do business. Quoru! is based on the proportion between those ph"sicall" present and the total &e& e(s#ip of the bod". A s!aller nu!ber !a" ad3ourn fro! da" to da".
4oint Sessions a. Votin/ Separatel" i: Choosin/ the President 9art. + Q6: ii: Deter!ine President@s disabilit" 9art. + Q((: iii: Confir!in/ no!ination of the ViceEPresident 9art. + Q): iv: Declarin/ the e7istence of a state of war 9art. > Q12: v: Proposin/ constitutional a!end!ents 9art. (1 Q(: b. Votin/ &ointl" 'o revo.e or e7tend procla!ation suspendin/ the privile/e of the writ of habeas corps or placin/ the Philippines under !artial law. 9art + Q(*: Instances w#en Con*(ess "otes ot#e( t#an &a+o(it). a. 'o suspend or e7pel a !e!ber in accordance with its rules and proceedin/s= 1%2 of all its !e!bers 9Sec. (>5 Art. V$:. b. Teas and na"s entered in the &ournal= (%8 of the !e!bers present 9Sec. (>96:5 Art. V$: c. Declare the e7istence of a state of war= 1%2 of both houses in 3oint session votin/ separatel" 9Sec. 125 Art. V$: d. ,eEpassin/ of a bill after Presidential veto= 1%2 of the ;e!bers of the #ouse where it ori/inated followed b" 1%2 of the ;e!bers of the other #ouse. e. Deter!inin/ President@s disabilit" after sub!issions b" both the Cabinet and the President= 1%2 of both #ouses votin/ separatel" 9Sec. ((5 Art. V$$: B. A!+ou(n&ent Section (> 98: Deither #ouse durin/ the session of the Con/ress shall5 without the consent of the other5 ad3ourn for !ore than three da"s5 nor to an" other place than that in which the two #ouses shall be sittin/. Either #ouse !a" ad3ourn even without the consent of the other provided that it will not be !ore than three da"s. $f one #ouse should ad3ourn for !ore than three da"s5 it will need the consent of the other. Deither house can ad3ourn to an" other place than that in which the two #ouses shall be sittin/ without the consent of the other. Reason. 'hese rules prevent each house fro! holdin/ up the wor. of le/islation.(+* 'his
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!inco, Philippine Political "aw, p 1/# (1$%4*.
1/$
,ernas Commentar-, p./2&, (2##& ed.*
2)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Basis fo( punis#&ent. Each #ouse !a" punish its ;e!bers for disorderl" behavior. P(e"enti"e Suspension ". Puniti"e Suspension. A con/ress!an !a" be suspended as a preventive !easure b" the Sandi/anba"an. 'he order of suspension prescribed b" the AntiEGraft and Corrupt Practices Act is distinct fro! the power of con/ress to police its own ran.s under the Constitution. 'he suspension conte!plated in the constitutional provisions is a punitive !easure that is i!posed upon deter!ination b" a #ouse upon an errin/ !e!ber. 'he suspension spo.en in AGCPA is not a penalt" but a preventive !easure. 'he doctrine of separation of powers b" itself !a" not be dee!ed to have e7cluded !e!bers of Con/ress fro! AGCPA. 'he law did not e7clude fro! its covera/e the !e!bers of the Con/ress and therefore the Sandi/anba"an !a" decree a preventive suspension order. 9Santia/o v. Sandi/anba"an: 91CC1 Bar Question: 21G ReMui(e&ent. Each #ouse !a" with the concurrence of twoEthirds of all its ;e!bers5 suspend or e7pel a ;e!ber. Pe(io! of suspension. A penalt" of suspension5 when i!posed5 shall not e7ceed si7t" da"s. Not su +ect to +u!icial (e"iew. Disciplinar" action ta.en b" Con/ress a/ainst a !e!ber is not sub3ect to 3udicial review because each #ouse is the sole 3ud/e of what disorderl" behavior is. 9Js!ena v. Pendatun: /. Le*islati"e 4ou(nal an! Con*(essional Reco(! 9e%uirement ;ournal +urpose o# ;ournal ,hat may be e2cluded Matters to be entered to the ?ournal ;ournal . 12traneous 1 idence 9ecord Section (* 96: Each #ouse shall .eep a &ournal of its proceedin/s5 and fro! ti!e to ti!e publish the sa!e5 e7ceptin/ such parts as !a"5 in its 3ud/!ent5 affect national securit"G and the "eas and na"s on an" <uestion shall5 at the re<uest of oneEfifth of the ;e!bers present5 be entered in the &ournal. Each #ouse shall also .eep a ,ecord of its Proceedin/s. 3. ReMui(e&ent. Each #ouse shall .eep a &ournal of its proceedin/s5 and fro! ti!e to ti!e publish the sa!e.
A s!aller nu!ber !a" co!pel the attendance of absent !e!bers in such !anner and under such penalties as the #ouse !a" provide. 'he !e!bers of the Con/ress cannot co!pel absent !e!bers to attend sessions if the reason of absence is a le/iti!ate one. 'he confine!ent of a Con/ress!an char/ed with a nonEbailable offense 9!ore than > "ears: is certainl" authori0ed b" law and has constitutional foundations. 9People v. &alos3os: 'he <uestion of <uoru! cannot be raised repeatedl"5 especiall" when a <uoru! is obviousl" present5 for the purpose of dela"in/ the business of the #ouse. 9Arro"o v. De Venecia5 &une 1>5 ())*: E. Inte(nal Rules +ower to determine rules 0ature o# the rules 9ole o# courts Section (* 92: Each #ouse !a" deter!ine the rules of its proceedin/s5 punish its ;e!bers for disorderl" behavior5 and with the concurrence of twoEthirds of all its ;e!bers5 suspend or e7pel a ;e!ber. A penalt" of suspension5 when i!posed5 shall not e7ceed si7t" da"s. 3. Powe( to !ete(&ine inte(nal (ules. Each #ouse !a" deter!ine the rules of its proceedin/s. 2. Natu(e of t#e Rules. 'he rules adopted b" deliberative bodies 9such as the #ouse: are sub3ect to revocation5 !odification5 or waiver b" the bod" adoptin/ the!. 9Arro"o v. De Venecia: 'he power to !a.e rules is not one5 once e7ercised is e7hausted. $t is a continuous power5 alwa"s sub3ect to be e7ercised b" the #ouse5 and within the li!itations su//ested and absolutel" be"ond the challen/e of an" other bod". 9Arro"o v. De Venecia: G. Role of Cou(ts. 'he Court !a" not intervene in the i!ple!entation of the rules of either #ouse e7cept if the rule affects private ri/hts. Jn !atters affectin/ onl" internal operation of the le/islature5 the le/islature@s for!ulation and i!ple!entation of its rules is be"ond the reach of the courts. hen5 however5 the le/islative rule affects private ri/hts5 the courts cannot alto/ether be e7cluded. 94S v. S!ith: -. Disciplina() powe(s Dsuspension1e@pulsionE
6C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA both #ouses of Con/ress that such bill was passed are conclusive of its due enact!ent. 9Arro"o v. De Venecia: here the conference co!!ittee report was approved b" the Senate and the #, and the bill is enrolled5 the SC !a" not in<uire be"ond the certification and approval of the bill5 and the enrolled bill is conclusive upon the 3udiciar" 9Phil. &ud/es Association v. Prado: G. $n!e(l)in* P(inciple of t#e Doct(ine. Court is bound under the !oct(ine of sepa(ation of powe(s b" the contents of a dul" authenticated !easure of the le/islature. 9;abana/ v. Lope0 Vito5 Arro"o v. De Venecia: A. En(olle! ill "s. 4ou(nal Ent()= 'he enrolled bill is the official cop" of approved le/islation and bears the certification of the presidin/ officers of the le/islative bod". 'he respect due to a coEe<ual depart!ent re<uires the courts to accept the certification of the presidin/ officer as conclusive assurance that the bill so certified is authentic. 9Casco Philippine Che!ical Co. v. Gi!ene0: 0owe"e(5 $f the presidin/ officer should repudiate his si/nature in the Aenrolled billB5 the enrolled will not prevail over the &ournal. 'his is because the enrolled bill theor" is based !ainl" on the respect due to a coEe<ual depart!ent. hen such coEe<ual depart!ent itself repudiates the enrolled bill5 then the 3ournal !ust be accepted as conclusive. B. En(olle! ill ". Matte(s (eMui(e! to e ente(e! in t#e +ou(nals. 'he Supre!e Court has e7plicitl" left this !atter an open <uestion in ;orales v. Subido.(*2 :. Re&e!) fo( Mista9es. $f a !ista.e was !ade in printin/ of the bill before it was certified b" Con/ress and approved b" the President5 the re!ed" is a!end!ent or corrective le/islation5 not 3udicial decree. 9Casco 9Phil: Che!ical Co. Gi!ene0: VII. Electo(al T(i unals' CA Electoral ,ri%unal CA Constitution of E, an! CA A. Electo(al T(i unal 1lectoral !ribunals Composition 9ationale
12&
2. W#at is a +ou(nal, 'he 3ournal is usuall" an abbreviated account of the dail" proceedin/s.(*C A le/islative 3ournal is defined as Athe official record of what is ?done and past@ in a le/islative Hbod"I. $t is so called because the proceedin/s are entered therein5 in chronolo/ical order as the" occur fro! da" to da".(*( G. Pu(pose of t#e (eMui(e&ent t#at a +ou(nal e 9ept= 9(: 'o insure publicit" to the proceedin/s of the le/islature5 and a correspondent responsibilit" of the !e!bers of their respective constituentsG and 91: 'o provide proof of what actuall" transpired in the le/islature. 9-ield v. Clar.: A. W#at &a) e e@clu!e!. 'he Constitution e7e!pts fro! publication parts which in the 3ud/!ent of the #ouse affect national securit". B. Matte(s w#ic#' un!e( t#e Constitution' a(e to e ente(e! in t#e +ou(nal% (. Teas and na"s on third and final readin/ of a bill. 1. Veto !essa/e of the President 2. Teas and na"s on the repassin/ of a bill vetoed b" the President 6. Teas and na"s on an" <uestion at the re<uest of (%8 of !e!bers present :. 4ou(nal "s. E@t(aneous e"i!ence. 'he &ournal is conclusive upon the Courts 94S v. Pons: 8. W#at is a Reco(!, 'he ,ecord contains a word for word transcript of the deliberation of Con/ress.(*1 0. En(olle! ill !oct(ine 1nrolled 8ill 1nrolled 8ill :octrine Lnderlying +rinciple 1nrolled 8ill . ;ournal 1ntry 1nrolled bill . matters re%uired to be entered in the ?ournals 9emedy #or Mistakes 3. En(olle! Bill. Jne which has been dul" introduced5 finall" passed b" both houses5 si/ned b" the proper officers of each5 approved b" the HpresidentI. 9Blac. Law Dictionar": 2. En(olle! ill !oct(ine= 'he si/nin/ of a bill b" the Spea.er of the #ouse and the Senate President and the certification b" the secretaries of
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,ernas Commentar-, p./2&, (2##& ed.* 121 !inco, Philippine Political "aw 1$1, (1$%4*. 122 ,ernas Commentar-, p./2&, (2##& ed.*
,ernas Primer, p. 2%1 (2##+ ed.*3 Cru) in his boo6 sa-sA B,ut e.cept onl- where the matters are reFuired to be entered in the 5ournals, the contents of the enrolled bill shall prevail over those of the 5ournal in case of conflict. (Page 12$ Philippine Political "aw (1$$% ed*.
6(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA /reatl" responsible for the respect and confidence people have in courts.(*8 C#ai(&an. 'he senior &ustice in the electoral tribunal shall be its Chair!an. SE' cannot le/all" function absent its entire !e!bership of senators5 and no a!end!ent of its rules can confer on the 2 re!ainin/ 3usticeE !e!bers alone5 the power of valid ad3udication of senatorial election contest. 9Abbas v. SE': A. In!epen!ence. 'he Con/ress !a" not re/ulate the actions of the electoral tribunals even in procedural !atters. 'he tribunal is an independent constitutional bod". 9An/ara v. Electoral Co!!ission: B. Secu(it) of Tenu(e. ;e!bers of E' have securit" of tenure. Dislo"alt" to the part" is not a /round for ter!ination. 9Bondoc v. Pineda: 91CC1 Bar Question: :. Powe(. 'he Electoral 'ribunal shall be the sole 3ud/e of all contests relatin/ to the election5 returns5 and <ualifications of their respective !e!bers. 'he tribunal has the power to pro!ul/ate rules relatin/ to !atters within its 3urisdiction5 includin/ period for filin/ election protests. 9La0atin v. #E': Electoral 'ribunal has incidental power to pro!ul/ate its rules and re/ulations for the proper e7ercise of its function 9An/ara v. Electoral Co!!ission: 8. 4u(is!iction of Electo(al T(i unal 'he Electoral 'ribunal shall be the sole 3ud/e of all contests relatin/ to the election' (etu(ns' an! Mualifications of their respective !e!bers. 'he 3urisdiction of #,E' is not li!ited to constitutional <ualifications. 'he word A<ualificationsB cannot be read to be <ualified b" the ter! AconstitutionalB. here the law does not distin/uish5 the courts should li.ewise not. 'he filin/ of a certificate of candidac" is a statutor" <ualification.9Guerrero v. CJ;ELEC: here a person is contestin/ the procla!ation of a candidate as senator5 it is SE' which has e7clusive 3urisdiction to act. 9,asul v. CJ;ELEC: Contest afte( p(ocla&ation is the 3urisdiction of #,E' 9La0atin v. CJ;ELEC: hen there is an election contest 9when a defeated candidate challen/e the <ualification and clai!s the seat of a proclai!ed winner:5 the Electoral 'ribunal is the sole 3ud/e.
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Independence Security o# !enure +ower ;urisdiction o# 1! ;urisdiction o# C3M171C ;udicial 9e iew Section 38. 'he Senate and the #ouse of ,epresentatives shall each have an Electoral 'ribunal which shall be the sole 3ud/e of all contests relatin/ to the election5 returns5 and <ualifications of their respective ;e!bers. Each electoral tribunal shall be co!posed of nine !e!bers5 three of who! shall be &ustices of the Supre!e Court to be desi/nated b" the Chief &ustice5 and the re!ainin/ si7 shall be !e!bers of the Senate or the #ouse of ,epresentatives5 as the case !a" be5 who shall be chosen on the basis of proportional representation fro! the political parties and the parties or or/ani0ations re/istered under the part"Elist s"ste! represented therein. 'he senior 3ustice in the Electoral tribunal shall be its Chair!an. 3. Two Electo(al T(i unals. 'he Senate and the #ouse of ,epresentatives shall each have an Electoral 'ribunal 2. Co&position of ET Each electoral tribunal shall be co!posed of ) !e!bers. 2 fro! the SC 9to be desi/nated b" the C&: and > fro! the respective #ouse. G. W#) c(eate an electo(al t(i unal in!epen!ent f(o& Con*(ess. $t is believed that this s"ste! tends to secure decisions rendered with a /reater de/ree of i!partialit" and fairness to all parties. $t also enables Con/ress to devote its full ti!e to the perfor!ance of its proper function5 which is le/islation5 rather than spend part of its ti!e actin/ as 3ud/e of election contests.(*6 P(opo(tional Rep(esentation. 'he con/ress!en who will co!pose the electoral tribunal shall be chosen on the basis of proportional representation fro! the political and part"Elist parties. Reason fo( Mi@e! Me& e(s#ip. 'he presence of 3ustices of the Supre!e Court in the Electoral 'ribunal neutrali0es the effects of partisan influences in its deliberations and invests its action with that !easure of 3udicial te!per which is
124
!inco, Philippine Political "aw, p.1%2 (1$%4*.
!inco, Philippine Political "aw, p.1%2 (1$%4*.
61
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA within the e7clusive 3urisdiction of the CJ;ELEC en banc. 9Codilla v. De Venecia: $t is the CJ;ELEC which decides who the winner is in an election. A person holdin/ office in the #ouse !ust "ield his or her seat to the person declared b" the CJ;ELEC to be the winner and the Spea.er is dut" bound to ad!inister the oath(**. 'he Spea.er shall ad!inister the oath on the winner. $n election contests5 however5 the 3urisdiction of the CJ;ELEC ends once a candidate has been proclai!ed and has ta.en his oath of office as a ;e!ber of Con/ress. &urisdiction then passes to the Electoral 'ribunal of either the #ouse or the Senate.(*) 6. 4u!icial Re"iew SC !a" intervene in the creation of the electoral tribunal. SC !a" overturn the decisions of #,E' when there is /ADL4. 9Lerias v. #,E': &udicial review of decisions or final resolutions of the electoral tribunals is possible onl" in the e7ercise of the Court@s so called e7traEordinar" 3urisdiction upon a deter!ination that the tribunal@s decision or resolution was rendered without or in e7cess of 3urisdiction or with *(a"e a use of !isc(etion constitutin/ !enial of !ue p(ocess. 9,obles v. #E': Q= Are the decisions rendered b" the Electoral 'ribunals in the contests of which the" are the sole 3ud/e appealable to the Supre!e CourtR A= Do. 'he decisions rendered b" the Electoral 'ribunals in the contests of which the" are the sole 3ud/e are not appealable to the Supre!e Court e@cept in cases of a clea( s#owin* of a *(a"e a use of !isc(etion. B. Co&&ission on Appoint&ents -unction o# CA Composition +roportional 9epresentation -ractional Seats <oting Action on Appointments Ad Interim Appointments not acted upon 9uling Section 37. 'here shall be a Co!!ission on Appoint!ents consistin/ of the President of the Senate5 as e7Eofficio Chair!an5
122
Errors that !a" be verified onl" b" the openin/ of ballot bo7es !ust be recoursed to the electoral tribunal. Jnce a winnin/ candidate has been proclai!ed5 ta.en his oath and assu!ed office as a !e!ber of the #ouse5 CJ;ELEC@s 3urisdiction over election contest relatin/ to his election5 returns and <ualifications ends5 and the #,E'@s own 3urisdiction be/ins. 9A//abao v. CJ;ELEC: Natu(e of election contests. An election is not li.e an ordinar" action in court. Public interests rather than purel" private ones are involved in its deter!ination.(*> $t is therefore not per!issible that such a contest be settled b" stipulation between the parties5 nor can 3ud/!ent be ta.en b" defaultG but the case !ust be decided after thorou/h investi/ation of the evidence.(*+ A sence of election contest. $n the absence of an election contest5 however5 the electoral tribunals are without 3urisdiction. 'hus5 the power of each #ouse to defer oathEta.in/ of !e!bers until final deter!ination of election contests filed a/ainst the! has been retained b" each #ouse. 9An/ara v. Electoral Co!!ission: In"ali!it) of P(ocla&ation. An alle/ation of invalidit" of a procla!ation is a !atter that is addressed to the sound discretion of the Electoral 'ribunal. 9La0atin v. CJ;ELEC: Motion to Wit#!(aw. 'he !otion to withdraw does not divest the #,E' the 3urisdiction on the case. 9,obles v. #,E': 7. 4u(is!iction of COMELEC PreEprocla!ation controversies include= 9(: $nco!plete returns 9o!ission of na!e or votes: 91: ,eturns with !aterial defects (&* ,eturns which appeared to be ta!pered with5 falsified or prepared under duress or containin/ discrepancies in the votes 9with si/nificant effect on the result of election: A here a petitioner has seasonabl" filed a !otion for reconsideration of the order of the Second Division suspendin/ his procla!ation and dis<ualif"in/ hi!5 the CJ;ELEC was not divested of its 3urisdiction to review the validit" of the order of the Second Division. 'he order of the Second division is unenforceable as it had not attained finalit". $t cannot be used as the basis for the assu!ption to office of respondent. 'he issue of the validit" of the order of second division is still
12+
!inco, Philippine Political "aw, p.1+1 (1$%4*. 12/ =einsch,, American "egislature, p 21+.
Codilla v. de "enecia! @.=. :o. 1%#+#%. December 1#, 2##2. A%%abao v. Comelec! @.=. :o. 1+&/%+. 1anuar- 2+, 2##%3 "in&ons'C(ato v. Comelec! @= 1/21&1, April 2, 2##/.
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62
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA the ad3ourn!ent of the Con/ress5 even if the thirt"E da" period has not "et e7pired5 are dee!ed b"E passed under Article V$$5 Section (>. 7. Rulin*. 'he Co!!ission shall rule b" a !a3orit" vote of all its ;e!bers. C. Constitution of ET an! CA 3rgani=ation 9eason #or early organi=ation o# 1!s 9eason o# pro ision on CA CA Meeting Section 36. 'he Electoral 'ribunals and the Co!!ission on Appoint!ents shall be constituted within thirt" da"s after the Senate and the #ouse of ,epresentatives shall have been or/ani0ed with the election of the President and the Spea.er. 'he Co!!ission on Appoint!ents shall !eet onl" while the Con/ress is in session5 at the call of its Chair!an or a !a3orit" of all its !e!bers5 to dischar/e such powers and functions as are herein conferred upon it. 3. O(*aniFation. 'he E' and CJA shall be constituted within 2C da"s after the Senate and the #ouse shall have been or/ani0ed with the election of the President and the Spea.er. 2. Reason fo( Ea(l) o(*aniFation of ETs. $n the case of Electoral 'ribunals5 the need for their earl" or/ani0ation is obvious5 considerin/ the rash of election contests alread" waitin/ to be filed after5 even before5 the procla!ation of the winners. 'his is also the reason wh"5 unli.e the Co!!ission of Appoint!ents5 the Electoral 'ribunals are supposed to continue functionin/ even durin/ the recess.()C G. Reason' p(o"ision on COA. 'he provision is based on the need to enable the President to e7ercise his appointin/ power with dispatch in coordination with the Co!!ission on Appoint!ents. 'he rule that the Co!!ission on Appoint!ents can !eet onl" durin/ the session of the Con/ress is the reason wh" ad interim appoint!ents are per!itted under the Constitution. 'hese appoint!ents are !ade durin/ the recess5 sub3ect to consideration later b" the Co!!ission5 for confir!ation or re3ection. But where the Con/ress in is in session5 the President !ust first clear his no!inations with the Co!!ission on Appoint!ents5 which is wh" it !ust be constituted as soon as possible. 4nless it is
twelve Senators and twelve ;e!bers of the #ouse of ,epresentatives5 elected b" each #ouse on the basis of proportional representation fro! the political parties and parties or or/ani0ations re/istered under the part"Elist s"ste! represented therein. 'he Chair!an of the Co!!ission shall not vote5 e7cept in the case of a tie. 'he Co!!ission shall act on all appoint!ents sub!itted to it within thirt" session da"s of the Con/ress fro! the sub!ission. 'he Co!!ission shall rule b" a !a3orit" vote of all its ;e!bers. 3. -unction of CA. $t acts as a le/islative chec. on the appointin/ authorit" of the President. -or the effectivit" of the appoint!ent of certain .e" officials5 the consent of CA is needed. 2. Co&position 918 !e!bers: 9(: Senate President as chair!an 91: (1 senators 92: (1 !e!bers of #, G. P(opo(tional Rep(esentation. 'he !e!bers of the Co!!ission shall be elected b" each #ouse on the basis of proportional representation fro! the political part" and part" list. 'he sense of the Constitution is that the !e!bership in the Co!!ission on Appoint!ent !ust alwa"s reflect political ali/n!ents in Con/ress and !ust therefore ad3ust to chan/es. $t is understood that such chan/es in part" affiliation !ust be per!anent and not !erel" te!porar" alliances 9Da0a v. Sin/son: Endorse!ent is not sufficient to /et a seat in CJA. 9Coseten/ v. ;itra: A. -(actional Seats. -ractional seats cannot be rounded off. 'he seats should be vacant. 9Coseten/ v. ;itra: A full co!ple!ent of (1 !e!bers fro! the Senate is not !andator" 9Guin/ona v. Gon0ales: #olders of .8 proportion belon/in/ to distinct parties !a" not for! a unit" for purposes of obtainin/ a seat in the Co!!ission. 9Guin/ona v. Gon0ales: B. Votin*. 'he Chair!an shall not vote e7cept in the case of a tie. :. Action on appoint&ents. 'he Co!!ission shall act on all appoint!ents sub!itted to it within GJ session !a)s of the Con/ress fro! the sub!ission. 8. A! inte(i& appoint&ents not acte! upon. Ad interi! appoint!ents not acted upon at the ti!e of
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66
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA An" !attes for purpose of ;atters related le/islation depart!ent onl" O li*ato() fo(ce of appea(ance ;andator" Discretionar" A. InMui(ies in Ai! of Le*islation ,ho has the power 0ature 7imitation o# +ower 9eason #or 7imitation Scope o# Juestions ,ho may be summoned +ower to +unish 9ights o# +ersons Courts and Committee +ower o# In%uiry . 12ecuti e +ri ilege 0eri . Senate Committee Section 23. 'he Senate or the #ouse of ,epresentatives or an" of its respective co!!ittees !a" conduct in<uiries in aid of le/islation in accordance with its dul" published rules of procedure. 'he ri/hts of persons appearin/ in or affected b" such in<uiries shall be respected. Powe( of InMui() 3. W#o #as t#e powe( 'he Senate or the #ouse of ,epresentatives or an" of its respective co!!ittees !a" conduct in<uiries in aid of le/islation. 2. Natu(e 'he power of in<uir" is an essential and app(op(iate au@ilia() to the le/islative action. 9Arnault v. Da0areno: $t has been re!ar.ed that the power of le/islative investi/ation !a" be i!plied fro! the e7press power of le/islation and does not itself have to be e7pressl" /ranted.()1 G. Li&itations36G% to the
or/ani0ed5 no appoint!ent can be !ade b" the President in the !eanti!e.()( A. COA &eetin* 'he Co!!ission on Appoint!ents shall !eet onl" while the Con/ress is in session to dischar/e its powers and functions. 'he Co!!ission on Appoint!ents shall !eet at the call of its Chair!an or a !a3orit" of all its !e!bers VIII. RECORDS AND BOO5S O- ACCO$NTS
Section 2J. 'he records and boo.s of accounts of the Con/ress shall be preserved and be open to the public in accordance with law5 and such boo.s shall be audited b" the Co!!ission on Audit which shall publish annuall" an ite!i0ed list of a!ounts paid to and e7penses incurred for b" each ;e!ber. Reco(!s an! oo9s of accounts 'he records and boo.s of accounts of the Con/ress shall be preserved and be open to the public in accordance with law. 'he records and boo.s of accounts of the Con/ress shall be audited b" the Co!!ission on Audit. 'he Co!!ission on Audit shall publish annuall" an ite!i0ed list of a!ounts paid to and e7penses incurred for b" each ;e!ber. II. LE/ISLATIVE 0EARIN/S DIN.$IRIES AND OVERSI/0T -$NCTIONSE A. B. InMui(ies in Ai! of Le*islation O"e(si*#t -unctions
'here are two provisions on le/islative hearin/5 Sections 1( and 11. Section 1( is about le/islative investi/ations in aid of le/islation. Section 23. Le*islati"e Section 22. O"e(si*#t In"esti*ation -unction W#o &a) appea( An" person Depart!ent heads W#o &a) e su&&one! An"one e7cept the Do one. Each house !a" President and SC onl" re<uest the !e!bers 9Senate v. appearance of depart!ent Er!ita: heads. Su +ect Matte(
1$1
1. 2.
$t !ust be in aid of le/islation()6
$t !ust be in accordance with its dul" published rules of procedure()8 2. 'he ri/hts of persons appearin/ in or affected b" such in<uiries shall be respected. 4. Power of Con/ress to co!!it a witness for conte!pt ter!inates when the
1$2 1$&
Cru), Philippine Political "aw, p. 1%% (1$$% ed*. See Concurring ;pinion of 1ustice Corona in :eri v. !enate Committee3 See also ,ernas Commentar-, p/&/ (2##& ed*. 1$4 'his reFuirement is an essential element for establishing 5urisdiction of the legislative bod-. 1$% !ection 21 ma- be read as reFuiring that Congress must have Bdul- published rules of procedureC for le%islative investi%ations. iolation of these rules would be an offense against due process. (,ernas Commentar- p. /4# (2##& ed*.
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ARIS S. MANGUERA 2. 6. Jbstruction of its officers in the perfor!ance of their official duties Prevention of !e!bers fro! attendin/ so that their duties !i/ht be perfor!ed Contu&ac) in (efusin* to o e) o(!e(s to p(o!uce !ocu&ents o( *i"e testi&on) w#ic# was a (i*#t to co&pel.1C(
le/islative bod" ceases to e7ist upon its final ad3ourn!ent.()> 9Dote= (E2 are e7plicit li!itations while 6 is an i!plicit li!itation.: A. Reason fo( t#e li&itations 'he reason is in the past5 this power was !uch abused b" so!e le/islators who used it for ille/iti!ate ends to browbeat or inti!idate witnesses usuall" for /randstandin/ purposes onl". 'here were also ti!es when the sub3ect of in<uir" was purel" private in nature and therefore outside the scope of the powers of Con/ress.()+ B. Scope of Muestions $t is not necessar" that ever" <uestion propounded to a witness !ust be !aterial to a proposed le/islation. 9Arnault v. Da0areno: 'his is because the le/islative action is deter!ined b" the infor!ation /athered as a whole. 9Arnault v. Da0areno: :. W#o &a) e su&&one! un!e( Section 23 Senate . 1rmita()* specified who !a" and who !a" not be su!!oned to Section 1( hearin/s. 'hus5 under this rule5 even a Depart!ent #ead who is an alter e/o of the President !a" be su!!oned. 'hus5 too5 the Chair!an and !e!bers of the Presidential Co!!ission on Good Govern!ent 9PCGG: are not e7cept fro! su!!ons in spite of the e7e!ption /iven to the! b" President Cor" A<uino durin/ her e7ecutive rule.()) 'he Court ruled that an)one' e@cept t#e P(esi!ent an! 4ustices of t#e Sup(e&e Cou(t &a) e su&&one!. 8. Powe( to punis# Le*islati"e Conte&pt. 'he power of investi/ation necessaril" includes the power to punish a contu!acious witness for conte!pt. 9Arnault v. Da0areno: Acts punis#e! as le*islati"e conte&pt. 'he 4S Supre!e Court in the case of Marshall . 6ordonEGG !entions= 1. Ph"sical obstruction of the le/islative bod" in the dischar/e of its duties. 2. Ph"sical assault upon its !e!bers for action ta.en or words spo.en in the bod"G
%.
Powe( to punis# fo( conte&pt an! local le*islati"e o!ies. 'he power to punish !a" not be clai!ed b" local le/islative bodies 9De/ros Jriental Electric Cooperative v. San//unian/ Pan/lunsod: Powe( to punis# is sui *ene(is. 'he e7ercise of the le/islature of conte!pt power is a !atter of preservation and independent of the 3udicial branch. Such power is sui generis. 9Sabio v. Gordon: Q= hen !a" a witness in an investi/ation be punished for conte!ptR A= hen a contu!acious witness@ testi!on" is re<uired in a !atter into which the le/islature or an" of its co!!ittees has 3urisdiction to. 9$n short5 the investi/ation !ust be in aid of le/islation.: 9Arnault v. Da0areno: Q= -or how lon/ !a" a private individual be i!prisoned b" the le/islature for conte!ptR A= -or &9= 4ntil final ad3ourn!ent of the bod". -or Senate= Jffender could be i!prisoned indefinitel" b" the bod" provided that punish!ent did not beco!e so lon/ as to violate due process. 9Arnault v. Da0areno: 7. Ri*#ts of pe(sons PhilCo!Stat has no reasonable e7pectation of privac" over !atters involvin/ their offices in a corporation where the /overn!ent has interest. 9Sabio v. Gordon: 6. Cou(ts an! t#e Co&&ittee A court cannot en3oin the appearance of a witness in a le/islative investi/ation. 9Senate Blue ,ibbon Co!!ittee v. &ud/e ;a3aducon: Bernas= 'he /eneral rule of fairness5 9which is what due process is about: could 3ustif" e7clusion of persons fro! appearance before the Co!!ittee. Q= Section ( of EJ 6>6 provides that Aall heads of depart!ents of the E7ecutive Branch shall secure the consent of the President prior to appearin/ before #ouse of Con/ress.B Does this contravene the power of in<uir" vested in the Con/ressR $s Section ( validR
2#1
1$+
'his must be so inasmuch as the basis of the power to impose such a penalt- is the right which the "egislature has to self7 preservation, and which right is enforceable during the e.istence of the legislative bod-. (C1 Avancena in "ope) v De los =e-es* 1$/ Cru), Philippine Political "aw, p. 1%% (1$$% ed*. 1$2 @.=. :o. 1+$///, April 2#, 2##+. 1$$ Sabio v. Gordon! @.=. :o. 1/4&12, ;ctober 1/, 2##+. 2## 24& ?! %21.
!inco, Philippine Political "aw, p 2#2 (1$%4ed*.
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UTOPIA
ARIS S. MANGUERA
Supre!e Court. 3n March E5, EGG), the Supreme Court ruled in #a or o# 0eri and upheld the claim o# e2ecuti e pri ilege. Issues% 9(: 777 91: Did the Senate Co!!ittees co!!it /rave abuse of discretion in citin/ Deri in conte!pt and orderin/ his arrestR Rulin*% 9(: 777 91: Tes. 'he Supre!e Court said that the Senate Co!!ittees co!!itted /rave abuse of discretion in citin/ Deri in conte!pt. 'he followin/ were the reasons /iven b" the Supre!e Court= a. 'here was a le/iti!ate clai! of e7ecutive privile/e.
A= Valid. 'he SC read Section ( of EJ 6>6 to !ean that depart!ent heads need the consent of the president onl" in Muestion #ou( conte!plated in Section 11 of Article V$. 9'he readin/ is dictated b" the basic rule of construction that issuances !ust be interpreted5as !uch as possible5 in a wa" that will render it constitutional.: Section ( of EJ 6>6 cannot be applied to appearances of depart!ent heads in inMui(ies in ai! of le*islation. Con/ress is not bound in such instances to respect the refusal of the depart!ent head in such in<uir"5 unless a "ali! clai& of p(i"ile*e is subse<uentl" !ade5 either b" the President or b" the E7ecutive Secretar". 9Senate v. Er!itaG EJ 6>6 case: 3J. Powe( of InMui() ". E@ecuti"e P(i"ile*e Senate ". E(&ita% ACon/ress has undoubtedl" has a ri/ht to infor!ation fro! the e7ecutive branch whenever it is sou/ht in aid of le/islation. $f the e7ecutive branch withholds such infor!ation on the /round that it is privile/ed5 it &ust so asse(t it an! state t#e (eason t#e(efo(e an! w#) it &ust e (especte!.B 9&ustice Carpio ;orales in Senate . 1rmita: Ne(i ". Senate% ,as the claim o# e2ecuti e pri ilege properly in oked in this caseM Tes accordin/ to the &ustice LeonardoEDe Castro@s ponencia. -or the clai! to be properl" invo.ed5 there !ust be a for!al clai! b" the President statin/ the Aprecise and certain reasonB for preservin/ confidentialit". 'he /rounds relied upon b" E7ecutive Secretar" Er!ita are specific enou/h5 since what is re<uired is onl" that an alle/ation be !ade Awhether the infor!ation de!anded involves !ilitar" or diplo!atic secrets5 closedEdoor Cabinet !eetin/s5 etc.B 'he particular /round !ust onl" be specified5 and the followin/ state!ent of /rounds b" E7ecutive Secretar" Er!ita satisfies the re<uire!ent= A'he conte7t in which e7ecutive privile/e is bein/ invo.ed is that the infor!ation sou/ht to be disclosed !i/ht i!pair our diplo!atic as well as econo!ic relations with the People@s ,epublic of China.B1C1 33. Ne(i ". Senate Co&&ittee
Bac9*(oun!% 'his case is about the Senate investi/ation of ano!alies concernin/ the DBDEP'E pro3ect. Durin/ the hearin/s5 for!er DEDA head ,o!ulo Deri refused to answer certain <uestions involvin/ his conversations with President Arro"o on the /round the" are covered b" e7ecutive privile/e. hen the Senate cited hi! in conte!pt and ordered his arrest5 Deri filed a case a/ainst the Senate with the
2#2
b.
Senate Co!!ittees did not co!pl" with the re<uire!ent laid down in Senate . 1rmita that the invitations should contain the Apossible needed statute which pro!pted the need for the in<uir"B alon/ with Ausual indication of the sub3ect of in<uir" and the Muestions relative to and in furtherance thereof.B c. A readin/ of the transcript of the Co!!ittees@ proceedin/ reveals that onl" a !inorit" of the !e!ber of the Senate Blue ,ibbon Co!!ittee was present durin/ the deliberations 'hus5 there is a cloud of doubt as to the validit" of the conte!pt order
d. e.
T#e Senate Rules of P(oce!u(e in ai! of le*islation we(e not !ul) pu lis#e! in acco(!ance to Section 23 of A(ticle VI.
'he conte!pt order is arbitrar" and precipitate because the Senate did not first rule on the clai! of e7ecutive privile/e and instead dis!issed Deri@s e7planation as unsatisfactor". 'his is despite the fact that Deri is not an unwillin/ witness. #ence5 the Senate order citin/ Deri in conte!pt and orderin/ his arrest was not valid.
B. O"e(si*#t -unction +urpose o# Section EE 3 ersight -unction Appearance o# &eads o# :epartment ,hy +ermission o# +resident 0eeded 12emption #rom Summons Appearance at the 9e%uest o# Congress ,ritten Juestions Scope o# Interpellations 12ecuti e Session Congress may re#use the initiati e Section 22. 'he #eads of Depart!ents !a" upon their own initiative5 with the consent of the President5 or upon the re<uest of either #ouse as the rules of each #ouse shall provide5 appear before and be heard b" such #ouse on an"
Primer on :eri v. !enate made b- Att-. Carlos 4edina.
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UTOPIA
ARIS S. MANGUERA $t should be noted5 that the e7e!ption fro! su!!ons applies onl" to Depart!ent #eads and not to ever"one who has Cabinet ran.. .% Does Section ;Muestion #ou(?, A% 22 p(o"i!e fo( a
!atter pertainin/ to their depart!ents. ritten <uestions shall be sub!itted to the President of Senate or the Spea.er of the #ouse of ,epresentatives at least three da"s before their scheduled appearance. $nterpellations shall not be li!ited to written <uestions5 but !a" cover !atters related thereto. hen the securit" of the State or the public interest so re<uires and the President so states in writin/5 the appearance shall be conducted in e7ecutive session. 3. Pu(pose of Section 22 'he provision for!ali0es the Aoversi/ht functionB of Con/ress. Section 11 establishes the rule for the e7ercise of what is called the Aoversi/ht functionB of Con/ress. Such function is intended to enable Con/ress to deter!ine how laws it has passed are bein/ i!ple!ented. 2. O"e(si*#t function ABroadl" defined5 con/ressional oversi/ht e!braces all activities underta.en b" Con/ress to enhance its understandin/ of and influence over the i!ple!entation of le/islation it has enacted.B1C2 'he acts done b" Con/ress in the e7ercise of its oversi/ht powers !a" be divided into three cate/ories5 to wit= scrutin"5 investi/ation5 and supervision.1C6 G. Appea(ance of 0ea!s of Depa(t&ents ) t#ei( own initiati"e 'he #eads of Depart!ents !a" upon their own initiative5 wit# t#e consent of t#e P(esi!ent appear before and be heard b" either #ouse on an" !atter pertainin/ to their depart!ents. A. W#) pe(&ission of t#e P(esi!ent nee!e! $n deference to separation of powers5 and because Depart!ent #eads are alter e/os of the President5 the" !a" not appear without the per!ission of the President.1C8 B. E@e&ption f(o& su&&ons applies onl) to Depa(t&ent 0ea!s
8ernas +rimer: Do. the A<uestion hourB is proper to parlia!entar" s"ste! where there is no separation between the le/islative and e7ecutive depart!ent. Section 115 unli.e in the A<uestion hourB under the ()+2 Constitution5 has !ade the appearance of depart!ent heads voluntar". But waitN 'he SC in Senate . 1rmita5 adoptin/ the characteri0ation of constitutional co!!issioner #ilario Davide5 calls Section 11 as the p(o"ision on ;.uestion 0ou(?%"NSection EEO pertains to the power to conduct a %uestion hour, the ob?ecti e o# which is to obtain in#ormation in pursuit o# Congress o ersight #unction.$ Reconcile% Althou/h the Court decision calls this e7ercise a A<uestion hour5B it does so onl" b" analo/" with its counterpart in parlia!entar" practice. :. Appea(ance at t#e (eMuest of Con*(ess 'he #eads of Depart!ents !a" upon their own initiative5 with the consent of the President5 or upon t#e (eMuest of eit#e( 0ouse as the rules of each #ouse shall provide5 appear before and be heard b" such #ouse on an" !atter pertainin/ to their depart!ents. 8. W(itten .uestions ritten <uestions shall be sub!itted to the Senate President or the #ouse Spea.er at least 2 da"s before their scheduled appearance. 7. Scope of Inte(pellations $nterpellations shall not be li!ited to written <uestions5 but !a" cover !atters related thereto. 6. E@ecuti"e Session 'he appearance shall be conducted in e@ecuti"e session when= 9(: 'he public interest so re<uires 91: 'he President so states in writin/. 3J. Con*(ess &a) (efuse t#e initiati"e Because of separation of powers5 depart!ent secretaries !a" not i!pose their appearance upon
2#& 2#4
4acalintal v. Commission on 9lections, 405 SCRA 614 (2003), at 705. 4acalintal v. Commission on 9lections, 4#% !C=A +14 (2##&*, at &. 2#% 'his was e.plicitl- mentioned in the deliberations of the 1$&% Constitutional Convention where some Delegates had doubts about the propriet- or constitutionalit- of Department Deads appearing in Congress. !uch deference is not found, b- the CourtIs interpretation, in !ection 21.
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UTOPIA
ARIS S. MANGUERA
either #ouse.1C> #ence5 the Con/ress !a" refuse the initiative ta.en b" the depart!ent secretar".1C+ I. E&e(*enc) Powe(s A. Decla(ation of t#e e@istence of a state of wa( B. Dele*ation of e&e(*enc) powe( A. Wa( powe( (. of war 1. Power to declare e7istence of a state ,ewordin/ of the provision
Section 2G 91: $n ti!es of war or other national e!er/enc"5 the Con/ress !a" b" law authori0e the President5 for a li!ited period and sub3ect to such restrictions as it !a" prescribe5 to e7ercise powers necessar" and proper to carr" out a declared national polic". 4nless sooner withdrawn b" resolution of the Con/ress5 such power shall cease upon the ne7t ad3ourn!ent thereof. 3. ReMuisites fo( t#e !ele*ation% 9())+ Bar Q:
Section 2G. 9(: 'he Con/ress5 b" a vote of twoEthirds of both #ouses in 3oint session asse!bled5 votin/ separatel"5 shall have the sole power to declare the e7istence of a state of war. 3. Powe( to !ecla(e e@istence of a state of wa(2J7 'he Con/ress5 b" a vote of 1%2 of ot# #ouses in +oint session asse!bled5 "otin* sepa(atel)5 shall have the sole power to declare the e7istence of a state of war. 2. Rewo(!in* of t#e p(o"ision -ro! ()28 Constitution@s power to declare war1C) to power to declare the e7istence of a state of war under ()*+. 8ernas: 'he difference between the two phraseolo/ies is not substantial but !erel" in e!phasis. 'he two phrase were interchan/eable5 but the second phrase e!phasi0es !ore the fact that the Philippines5 accordin/ to Article $$5 Section 15 renounces a//ressive war as an instru!ent of national polic".1(C Q= ;a" a countr" en/a/e in war in the absence of declaration of warR A= Tes. 'he actual power to make war is lod/ed in the E7ecutive. 'he e7ecutive when necessar" !a" !a.e war even in the absence of a declaration of war.1(( B. Dele*ation of e&e(*enc) powe(s (. ,e<uisites for Dele/ation 1. Duration of dele/ation 2. Powers that !a" be dele/ated 6. ithdrawal of powers
2#+
(1*
'here !ust be a war1(1 or other national e!er/enc" 91: Law authori0in/ the president for a li!ited period and sub3ect to such restrictions as Con/ress !a" prescribe 92: Power to be e7ercised !ust be necessar" and proper to carr" out a declared national polic". 2. Du(ation of t#e !ele*ation= 9(: 4ntil withdrawn b" resolution of Con/ress 91: 4ntil the ne7t ad3ourn!ent of Con/ress G. Powe(s t#at &a) e !ele*ate! Con/ress !a" authori0e the President5 to e7ercise powers necessar" and proper to carr" out a declared national polic" Dote that the nature of dele/able power is not specified. It is submitted that the President !a" be /iven e!er/enc" le*islati"e powe(s if Con/ress so desires.1(2 A. Wit#!(awal of powe(s Con/ress !a" do it b" a !ere resolution.1(6 And such resolution does not need presidential approval.1(8 II. BILLS1 LE/ISLATIVE PROCESS Ori#ination Clause One %ill;one su%5ect rule Passa#e of a %ill Presi!ential Approval- Veto or InactionC .e#islative Reconsi!eration Item Veto Doctrine of inappropriate provisions E$ecutive Impoun!ment .e#islative Veto A. O(i*ination Clause
212
,ernas Primer at 2+& (2##+ ed.* 2#/ ,ernas Commentar-, p /44 (2##& ed*. 2#2 >ar is defined as Barmed hostilities between the two states. (00 =9C;=D 1+$* 2#$ >ording of the 1$&% Constitution. 21# ,ernas Commentar-, p /4% (2##& ed*. 211 ,ernas Primer at 2+4 (2##+ ed.*
>ar is defined as Barmed hostilities between the two states. (00 =9C;=D 1+$* 21& ,ernas Primer at 2+% (2##+ ed.* 214 See concurring opinion of 1ustice Padilla in =odrigue) v. @ella, 4$ ;ff. @a). 4+%, 4/2. 21% ,ernas Primer at 2+% (2##+ ed.*
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SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA A. Reason fo( e@clusi"e o(i*ination 'he district representatives are closer to the pulse of the people than senators are and are therefore in a better position to deter!ine both the e7tent of the le/al burden the" are capable of bearin/ and the benefits that the" need.111 $t is !ore nu!erous in !e!bership and therefore also !ore representative of the people.112 B. Senate &a) p(opose a&en!&ents 'he addition of the word Ae7clusivel"B in the Constitution is not intended to li!it the power of the Senate to propose a!end!ents to revenue bills. 9'olentino v. Sec. of -inance: :. Scope of t#e SenateLs powe( to int(o!uce a&en!&ents Jnce the #ouse has approved a revenue bill and passed it on to the Senate5 the Senate can co!pletel" overhaul it5 b" a!end!ent of parts or b" a&en!&ent ) su stitution5 and co&e out wit# one co&pletel) !iffe(ent f(o& w#at t#e 0ouse app(o"e!. 'e7tuall"5 it is the AbillB which !ust e7clusivel" ori/inate fro! the #ouseG but the AlawB itself which is the product of the total bica!eral le/islative process ori/inates not 3ust fro! the #ouse but fro! both Senate and #ouse. 9'olentino v. Secretar" of -inance: (:iscussion o# Section E5 can be #ound a#ter Section E((4// B. One illHone su +ect (ule Mandatory 0ature o# the 9ule +urpose o# the 9ule 7iberal Interpretation o# the 9ule 6ermane 0ot 6ermane Section 2:. 9(: Ever" bill passed b" the Con/ress shall e!brace onl" one sub3ect shall be e7pressed in the title thereof. 3. Man!ato() natu(e of t#e (ule Ever" bill passed b" the Con/ress shall e!brace onl" one sub3ect. 'he sub3ect shall be e7pressed in the title of the bill. 'his rule is &an!ato(). 'he re<uire!ent is satisfied when= 9(: All parts of the law relate to the sub3ect e7pressed in the title 91: $t is not necessar" that the title be a co!plete inde7 of the content 9P#$LCJDSA v. Gi!ene0: 2. Pu(pose of t#e Rule%
222 22&
12clusi e 3rigination Clause 8ills that must e2clusi ely originate #rom &9 3rigination #rom the &ouse, Meaning 9eason #or e2clusi e origination Senate may propose amendments Scope o# Senates power to introduce amendments Section 2A. All appropriation5 revenue or tariff bills5 bills authori0in/ increase of the public debt5 bills of local application and private bills shall ori/inate e7clusivel" in the #ouse of ,epresentatives5 but the Senate !a" propose or concur with a!end!ents. 3. O(i*in of &one) ills' p(i"ate ills an! ills of local application All appropriation1(>5 revenue1(+ or tariff bills1(*5 bills authori0in/ increase of the public debt1()5 bills of local application11C and private bills11( shall ori/inate e7clusivel" in the #ouse of ,epresentatives5 but the Senate !a" propose or concur with a!end!ents. 2. Bills t#at &ust e@clusi"el) o(i*inate f(o& t#e 0R% 9(: Appropriation bills 91: ,evenue bills 92: 'ariff bills 96: Bills authori0in/ increase of the public debt 98: Bills of local application 9>: Private bills G. O(i*ination f(o& t#e 0ouse 'he e7clusivit" of the prero/ative of the #ouse of ,epresentatives !eans si!pl" that the #ouse alone can initiate the passa/e of revenue bill5 such that5 if the #ouse does not initiate one5 no revenue law will be passed. 9'olentino v. Secretar" of -inance:
21+
An appropriation bill is one whose purpose is to set aside a sum of mone- for public use. ;nl- appropriation bills in the strict sense of the word are comprehended b- the provision3 bills for other purposes which incidentall- set aside mone- for that purpose are not included. ,ernas Commentar-, p /42 (2##& ed*. 21/ A revenue bull is one that levies ta.es and raises funds for the government. Cru), Philippine Political "aw, p. 144 (1$$% ed*. 212 A tariff bill specifies the rates of duties to be imposed on imported articles. Cru), Philippine Political "aw, p. 144 (1$$% ed*. 21$ A bill increasing public debt is illustrated b- one floating bonds for public subscription redeemable after a certain period. Cru), Philippine Political "aw, p. 144 (1$$% ed*. 22# ,ills of local application are those which is limited to specific localities, such for instance as the creation of a town. ,ernas Commentar-, p /42 (2##& ed*. 221 Private bills are those which affect private persons, such for instance as a bill granting citi)enship to a specific foreigner. ,ernas Commentar-, p /42 (2##& ed*. Private bills are illustrated b- a bill granting honorar- citi)enship to a distinguished foreigner. Cru), Philippine Political "aw, p. 1%% (1$$% ed*.
. ,ernas Commentar-, p /42 (2##& ed*. Cru), Philippine Political "aw, p. 14% (1$$% ed*.
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OF
UTOPIA
ARIS S. MANGUERA 9eason #or three readings Section 2: 91: Do bill passed b" either #ouse shall beco!e a law unless it has passed three readin/s on separate da"s5 and printed copies whereof in its final for! have been distributed to its ;e!bers three da"s before its passa/e5 e7cept when the President certifies to the necessit" of its i!!ediate enact!ent to !eet a public cala!it" or e!er/enc". 4pon the last readin/ of a bill5 no a!end!ent thereto shall be allowed5 and the vote thereon shall be ta.en i!!ediatel" thereafter5 and the "eas and the na"s entered in the &ournal. 3. Rules 9(: Do bill passed b" either #ouse shall beco!e a law unless it has passed three readin/s on separate da"s. 91: Printed copies of the bill in its final for! should be distributed to the ;e!bers 2 da"s before its passa/e 9e7cept when the President certifies to the necessit" of its i!!ediate enact!ent to !eet a public cala!it" or e!er/enc":. 92: 4pon the last readin/ of a bill5 no a!end!ent thereto shall be allowed. 96: 'he vote on the bill shall be ta.en i!!ediatel" after the last readin/ of a bill. 98: 'he "eas and the na"s shall be entered in the &ournal. E@ception. 'he certification of the President dispenses with the readin/ on separate da"s and the printin/ of the bill in the final for! before its final approval. 9'olentino v. Secretar" of -incance: Ope(ati"e. All decrees which are not inconsistent with the Constitution re!ain operative until the" are a!ended or repealed. 9Guin/ona v. Cara/ue: 2. P(oce!u(e%22A
9(: 'o prevent hod/eEpod/e or lo/Erollin/ le/islation 91: 'o prevent surprise or fraud upon the le/islature 92: 'o fairl" appraise the people. 9Central Capi0 v. ,a!ire0: G. Li e(al inte(p(etation of t#e (ule 'he rule should be /iven a practical rather than a strict construction. $t should be sufficient co!pliance with such re<uire!ent if the title e7presses the /eneral sub3ect and all the provisions of the statute are /er!ane to that /eneral sub3ect. 9Su!ulon/ v. CJ;ELEC: A. /e(&ane
A partial e7e!ption fro! the increase of ta7 i!posed is not a deviation fro! the /eneral sub3ect of the law. 9$nsular Lu!ber Co. v. C'A: A ta7 !a" be /er!ane and reasonabl" necessar" for the acco!plish!ent of the /eneral ob3ect of the decree for re/ulation. 9'io v. V,B: A repealin/ clause does not have to be e7pressl" included in the title of the law. 9Phil. &ud/es Assoc. v. Prado: 'he creation of a new le/islative district is /er!ane to Athe conversion of a !unicipalit" to an urbani0ed cit".B 9'obias v. Abalos: 'he reor/ani0ation of the re!ainin/ ad!inistrative re/ions is /er!ane to the /eneral sub3ect of Aestablishin/ the A,;;B. 9Chion/ba"an v. Jrbos: 'he e@pansion in the 3urisdiction of the Sandi/anba"an does not have to be e7pressl" stated in the title of the law 9An Act -urther Definin* the &urisdiction of the Sandi/anba"an: because such is the necessar" conse<uence of the a!end!ent. 9Lacson v. E7ecutive Secretar": A provision that states that Ano election officer shall hold office for !ore than four "earsB is relevant to the title AAn Act Providin/ for a General ,e/istration of voters5 Adoptin/ a S"ste! of Continuin/ ,e/istration5 Prescribin/ Procedures 'hereof and Authori0in/ the Appropriation of -unds 'hereforB as it see.s to ensure the inte/rit" of the re/istration process b" providin/ /uidelines for the CJ;ELEC to follow in the reassi/n!ent of election officers. 9De Gu0!an v. CJ;ELEC:
1.
'he a olition of 1 !unicipalities is but a lo/ical conse<uence of its &e(*e( to c(eate a cit". B. Not /e(&ane
P(o#i ition of places of a!use!ent should be included in the title of the law which onl" provides for the (e*ulation of places of a!use!ent. 9De la Cru0 v. Paras:
C. Passa*e of a ill 9ules +rocedure
A bill is int(o!uce! b" an" !e!ber of the #ouse of ,epresentatives or Senate e7cept for so!e !easures that !ust ori/inate onl" in the for!er cha!ber. 2. 'he fi(st (ea!in* involves onl" a readin/ of the nu!ber and title of the !easure and its (efe((al b" the Senate President or the Spea.er to the proper co!!ittee for stud". &. 'he bill !a" be 9ille! in the co!!ittee or it !a" be (eco&&en!e! fo( app(o"al5 with or without a!end!ents5 so!eti!es after public hearin/s are first held thereon. 9$f there are other bills of the sa!e
224
Cru), Philippine Political "aw, p. 1%% (1$$% ed*.
8(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA +residential <eto 7egislati e Appro al o# the bill +residential Inaction Section 28. 9(:Ever" bill passed b" the Con/ress shall5 before it beco!es a law5 be presented to the President. $f he approves the sa!e5 he shall si/n itG otherwise5 he shall veto it and return the sa!e with his ob3ections to the #ouse where it ori/inated5 which shall enter the ob3ections at lar/e in its &ournal5 and proceed to consider it. $f5 after such reconsideration5 twoE thirds of all the ;e!bers of such #ouse shall a/ree to pass the bill5 it shall be sent5 to/ether with the ob3ections to the other #ouse b" which it shall li.ewise be reconsidered5 and if approved b" twoE thirds of all the ;e!bers of that #ouse5 it shall beco!e a law. $n all such cases5 the votes of each #ouse shall be deter!ined b" "eas or na"s5 and the na!es of the ;e!bers votin/ for or a/ainst shall be entered in its &ournal. 'he President shall co!!unicate his veto of an" bill to the #ouse where it ori/inated within thirt" da"s after the date of receipt thereofG otherwise5 it shall beco!e a law as if he had si/ned it. 3. T#(ee &et#o!s ) w#ic# a ill &a) eco&e a law% 9()** Bar Question: (. hen the President si/ns itG 1. hen the President vetoes it but the veto is overridden b" twoE thirds vote of all the !e!bers of each #ouseG 2. hen the President does not act upon the !easure within 2C da"s after it shall have been presented to hi!. 2. P(esi!ential app(o"al 9(: Passed bill is presented to the President 91: President si/ns the bill if he approves the sa!e 92: 'he bill beco!es a law. G. P(esi!ential "eto 9(: Passed bill is presented to the President 91: President vetoes the bill if he does not approve of it. 92: #e returns the passed bill with his ob3ections to the #ouse where it ori/inated. 9Veto ;esas/e: /ene(al (ule= $f the president disapproves the bill approved b" Con/ress5 he should veto the entire bill. #e is not allowed to veto separate ite!s of a bill. E@ceptions=
nature or purpose5 the" !a" all be consolidated into one bill under co!!on authorship or as a co!!ittee bill.: 4. Jnce reported out5 the bill shall be calendared for secon! (ea!in*. $t is at this sta/e that the bill is read in its entiret"5 scrutini0ed5 debated upon and a!ended when desired. 'he second readin/ is the !ost i!portant sta/e in the passa/e of the bill. %. 'he bill as approved in second readin/ is printed in its final for! and copies thereof are distributed at least three da"s before the third readin/. Jn t#i(! (ea!in*5 the !e!bers !erel" re/ister their votes and e7plain the! if the" are allowed b" the rules. Do further debate is allowed. +. Jnce the bill passes third readin/5 it is sent to t#e ot#e( c#a& e(5 where it will also under/o the three readin/s. /. $f also approved b" the second #ouse5 it will then be su &itte! to t#e P(esi!ent for his consideration. 2. 'he ill is en(olle! when printed as finall" approved b" the Con/ress5 thereafter authenticated with the si/natures of the Senate President5 the Spea.er5 and the Secretaries of their respective cha!bers5 and approved b" the President. G. Reason fo( t#(ee (ea!in*s 'o address the tendenc" of le/islators5 9on the last da" of the le/islative "ear when le/islators were ea/er to /o ho!e:5 to rush bills throu/h and insert !atters which would not otherwise stand scrutin" in leisurel" debate.118 .% $f the version approved b" the Senate is different fro! that approved b" the #ouse of ,epresentatives5 how are the differences reconciledR A% $n a bica!eral s"ste! bills are independentl" processed b" both #ouses of Con/ress. $t is not unusual that the final version approved b" one #ouse differs fro! what has been approved b" the other. 'he Aconference co!!ittee5B consistin/ of !e!bers no!inated fro! both #ouses5 is an e7traEconstitutional creation of Con/ress whose function is to propose to Con/ress wa"s of reconcilin/ conflictin/ provisions found in the Senate version and in the #ouse version of a bill. D. P(esi!ential App(o"al' Le*islati"e Reconsi!e(ation !hree Methods +residential Appro al
22%
Veto
o(
InactionK
See ,ernas Commentar-, p /+# (2##& ed*.
81
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
9(: President !a" veto an ite! in cases of appropriation5 revenue and tariff bills. 91: President !a" veto inappropriate provisions or riders. A. Le*islati"e (econsi!e(ation of t#e ill 9())2 Bar Question: 9(: 'he #ouse where the bill ori/inated enters the ob3ections of the President at lar/e in its &ournal. 91: Said #ouse reconsiders the bill. 92: 1%2 of all the ;e!bers of such #ouse a/ree to pass the bill. 96: 'he bill to/ether with the ob3ections is sent to the other #ouse b" which it is also reconsidered. 98: 'he other #ouse approves the bill b" 1%2 of all the !e!bers of that #ouse. 9>: 'he bill beco!es a law. $n all such cases5 the votes of each #ouse shall be deter!ined b" "eas or na"s. 'he na!es of the ;e!bers votin/ for or a/ainst shall be entered in its &ournal. .% hen does the Constitution re<uire that the "eas and na"s of the ;e!bers be ta.en ever" ti!e a #ouse has to voteR A% (. 4pon the last and third readin/s of a bill 9art. > sec1>91:: 1. At the re<uest of (%8 of the !e!bers present 9art > sec (>96:: 2. $n repassin/ a bill over the veto of the President 9art > sec 1+9(:: B. P(esi!ential Inaction 9(: Passed bill is presented to the President 91: President does not approve nor co!!unicate his veto to the #ouse where the bill ori/inated within 2C da"s. 92: 'he bill beco!es a law.
82
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA !ust be incorporated in a separate bill. Bein/ an inappropriate provision5 it was properl" vetoed. 9P#$LCJDSA v. Enri<ue0: 'he proviso on Apower of au/!entation fro! savin/sB can b" no !eans be considered a specific appropriation of !one". 9Gon0ales v. ;acarai/: A. App(op(iate P(o"isions 'he special provision providin/ that Athe !a7i!u! a!ount of the appropriation for the DP # to be contracted for the !aintenance of national roads and brid/es should not e7ceed 2CUB is /er!ane to the appropriation for road !aintenance. $t specifies how the ite! shall be spent. $t cannot be vetoed separatel" fro! the ite!. 9P#$LCJDSA v. Enri<ue0: 'he special provision that all purchases of !edicines b" the A-P should co!pl" with Generics Act is a !ere advertence to an e7istin/ law. $t is directl" related to the appropriation and cannot be vetoed separatel" fro! the ite!. 9P#$LCJDSA v. Enri<ue0: /. E@ecuti"e I&poun!&ent= ,efusal of the President to spend funds alread" allocated b" Con/ress for a specific purpose. 9See P#$LCJDSA v. Enri<ue0: 0. Le*islati"e "eto A Con/ressional veto is a !eans whereb" the le/islature can bloc. or !odif" ad!inistrative action ta.en under a statute. $t is a for! of le/islative control in the i!ple!entation of particular e7ecutive actions. III. -ISCAL POWERS1 POWER O- T0E P$RSE ,a$ation A& Nature )& .imitations C& Dele#ation of po er to ta$ D& E$empte! from ta$ation Spen!in# Po er A& Spen!in# Po er )& Appropriation C& Non;esta%lishment provision D& Special +un! E& Appropriation Powe( of t#e Pu(se. Con/ress is the /uardian of the public treasur". $t wields the tre!endous power of the purse. 'he power of the purse co!prehends both the power to /enerate !one" for the
E. Ite& "eto Section 28 91: 'he President shall have the power to veto an" particular ite! or ite!s in an appropriation5 revenue5 or tariff bill5 but the veto shall not affect the ite! or ite!s to which he does not ob3ect. A/ain5 the /ene(al (ule is= $f the president disapproves the bill approved b" Con/ress5 he should veto the entire bill. #e is not allowed to veto separate ite!s of a bill. E@ceptions= (1* President !a" veto an ite& in cases of appropriation5 revenue and tariff bills. (2* President !a" veto inapp(op(iate p(o"isions or riders. Ite&. An ite! is an indivisible Hsu!I of !one" dedicated to a stated purpose.11> 9$te! W Purpose5 A!ount: $n a ta7 !easure5 an ite! refers to the sub3ect of the ta7 and the ta7 rate. $t does not refer to the entire section i!posin/ a particular .ind of ta7. 9C$, v. C'A: 'he president !a" not veto the &et#o! or &anne( of usin/ an appropriated a!ount. 9Ben/0on v. Drillon: -. Doct(ine of inapp(op(iate p(o"isions :octrine 9eason #or the :octrine Inappropriate +ro isions Appropriate +ro isions 3. Doct(ine A provision that is constitutionall" inappropriate for an appropriation bill !a" be sin/led out for veto even if it is not an appropriation or revenue Aite!B. 9Gon0ales v. ;acarai/: 2. Reason fo( t#e Doct(ine 'he intent behind the doctrine is to prevent the le/islature fro! forcin/ the /overn!ent to veto an entire appropriation law thereb" paral"0in/ /overn!ent. G. Inapp(op(iate P(o"isions Repeal of laws. ,epeal of laws should not be done in appropriation act but in a separate law 9P#$LCJDSA v. Enri<ue0: 9use this doctrine care#ully/ 'he re<uire!ent of con/ressional approval for the release of funds for the !oderni0ation of the A-P
22+
,ernas Primer, p. 2/+ (2##+ ed.*
86
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA !artial rule product5 which i!posed a ten peso capital contribution for the sale of each ba/ of fertili0er Auntil ade<uate capital is raised to !a.e PP$ viable.B PP$ was private corporation. Clearl"5 therefore5 the i!position was for private benefit and not for a public purpose. B. Li&itations on Powe( of Ta@ation (. ,ule of ta7ation shall be unifo(& and eMuita le. Con/ress shall evolve a p(o*(essi"e s"ste! of ta7ation. 1. Charitable institutions5 etc. and all lands5 buildin/ and i!prove!ents actuall"5 directl" and e7clusivel" used for reli/ious5 charitable or educational purposes shall be e7e!pt fro! ta7ation. 9art. > Q1*92:: 2. All revenues and assets of nonEstoc.5 nonEprofit educational institutions used actuall"5 directl" and e7clusivel" for educational purposes shall be e7e!pt fro! ta7es and duties. 9art. (6 Q692:: 6. Law /rantin/ ta7 e7e!ption shall be passed onl" with the concurrence of the !a3orit" of all the !e!bers of Con/ress. 9art. > Q1)96: $NI-ORM $nifo(&it). 4nifor!it" si/nifies /eo/raphical unifor!it". A ta7 is unifor! when it operates with the sa!e force and effect in ever" place where the sub3ect is found. $nifo(&it) in ta@ation ". EMualit) in ta@ation. 4nifor!it" in ta7ation !eans that persons or thin/s belon/in/ to the sa!e class shall be ta7ed at the sa!e rate. $t is distin/uished fro! e<ualit" in ta7ation in that the latter re<uires the ta7 i!posed to be deter!ined on the basis of the value of the propert".12( 'an v. del ,osario= 4nifor!it" !eans= 9(: the standards that are used therefor are substantial and not arbitrar"G 91: the cate/ori0ation is /er!ane to achieve the le/islative purposeG 92: the law applies5 all thin/s bein/ e<ual5 to both present and future conditionsG and 96: the classification applies e<uall" well to all those belon/in/ to the sa!e class. 'here is a difference between the ho!eless people and the !iddle class. 'he two social classes are differentl" situated in life. 9'olentino v. Sec. of -inance: E.$ITABLE
/overn!ent b" ta7ation and the power to spend it.11+ ,A0A,ION Section 27. 9(: 'he rule of ta7ation shall be unifor! and e<uitable. 'he Con/ress shall evolve a pro/ressive s"ste! of ta7ation. A. Natu(e :e#inition Scope +urposes !a2 +ublic +urpose 3. Definition 'a7ation refers to the inherent power of the state to de!and enforced contributions for public purposes. 2. Scope 'a7ation is so pervasive that it reaches even the citi0en abroad and his inco!e earned fro! source outside the State. /ene(al Li&it= -or a public purposeG Due process and e<ual protection clauses 9Sison v. Ancheta: Specific Li&it= 4nifor! and e<uitable 9Section 1*: 9See 1)91:: E@e(cise of t#e powe(= Pri!aril" vested in the national le/islature. G. Pu(poses= 9(: 'o raise revenue 91: $nstru!ent of national econo!ic and social polic" 92: 'ool for re/ulation (4* 'he power to .eep alive11* A. Ta@ 'a7es are enforced proportional contributions fro! persons and propert" levied b" the law !a.in/ bod" of the state b" virtue of its soverei/nt" for the support of the /overn!ent and all public needs. &ustice #ol!es said= A'a7es are what we pa" for civili0ed societ".B B. Pu lic Pu(pose $t is funda!ental in de!ocratic /overn!ents that ta7es !a" be levied for public purpose onl". ithout this ele!ent5 a ta7 violates the due process clause and is invalid.11) $n +lanters +roducts, Inc. (++I/ . -ertiphil Corp.12C the Court had occasion to review the validit" of LJ$ (6>85 a
22/ 222 22$
2&#
,ernas Commentar-, p /2% (2##& ed*. ,ernas Primer at 2/2 (2##+ ed.* !inco, Philippine Political "aw, p %/$ (1$%4ed*. @.=. :o. 1++##+, 4arch 14, 2##2.
2&1
Cru), Philippine Political "aw, p. 1+2 (1$$% ed*.
88
FRATERNAL ORDER
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OF
UTOPIA
ARIS S. MANGUERA 92: 'he said power is to be e7ercised within specified li!its and sub3ect to such li!itations and restrictions as the Con/ress !a" i!pose. 96: 'he authori0ation of such power !ust be within the fra!ewor. of the national develop!ent pro/ra! of the Govern!ent. 2. Ta(iff an! Custo&s Co!e' -le@i le Ta(iff Clause 'he President is /iven b" the 'ariff and Custo!s Code a!ple powers to ad3ust tariff rates. -le@i le Ta(iff Clause 'he President !a" fi7 tariff rates5 i!port and e7port <uotas5 etc. under 'CC= 1* 'o increase5 reduce or re!ove e7istin/ protective rates of i!port dut" 9includin/ an" necessar" chan/e in classification: the e7istin/ rates !a" be increased or decreased to an" level on one or several sta/es but in no case shall be hi/her than a !a7i!u! of (CCU as valore! 1: 'o establish i!port <uota or to ban i!ports of an" co!!odit"5 as !a" be necessar" 2: 'o i!pose an additional dut" on all i!ports not e7ceedin/ (CU ad valore! whenever necessar" G. Li&itation I&pose! Re*a(!in* t#e -le@i le Ta(iff Clause (: Conduct b" the 'ariff Co!!ission of an investi/ation in a public hearin/ 'he Co!!issioner shall also hear the views and reco!!endations of an" /overn!ent office5 a/enc" or instru!entalit" concerned 'he DEDA thereafter shall sub!its its reco!!endation to the President 1: 'he power of the President to increase or decrease the rates of i!port dut" within the above!entioned li!its fi7ed in the Code shall include the !odification in the for! of dut". $n such a case the correspondin/ ad valore! or specific e<uivalents of the dut" with respect to the i!ports fro! the principal co!petin/ countr" for the !ost recent representative period shall be used as bases. 9Sec 6C( 'CC: D. E@e&pte! f(o& ta@ation 12empted #rom ta2ation Aind o# ta2 e2emption "12clusi ely$, Meaning 1lements in determining a charitable institution 9eason #or 9e%uirement o# Absolute Ma?ority Section 1* 92: Charitable institutions5 churches and parsona/es or convents
'he present constitution adds that the rule of ta7ation shall also be e<uitable5 which !eans that the ta7 burden !ust be i!posed accordin/ to the ta7pa"er@s capacit" to pa".121 P(o*(essi"e s)ste& of ta@ation. 'he Con/ress shall evolve a pro/ressive s"ste! of ta7ation. 'a7 s"ste! is pro/ressive when the rate increases as the ta7 base increases.122 Reason fo( p(o*(essi"e s)ste&. 'he e7plicit !ention of pro/ressive ta7ation in the Constitution reflects the wish of the Co!!ission that the le/islature should use the power of ta7ation as an instru!ent for a !ore e<uitable distribution of wealth. Di(ecti"e not a +u!iciall) enfo(cea le (i*#t. 'he directive to evolve a pro/ressive s"ste! of ta7ation is addressed to Con/ress and not a 3udiciall" enforceable ri/ht. 9'olentino v. Sec. of -inance: In!i(ect ta@es. 'he Constitution does not prohibit the i!position of indirect ta7es5 which are re/ressive. 'he provision si!pl" !eans that direct ta7es are to be preferred and indirect ta7es should be !ini!i0ed as !uch as possible. $t does not re<uire Con/ress to avoid entirel" indirect ta7es. Jtherwise5 sales ta7es5 which are the oldest for! of indirect ta7es5 will be prohibited. 'he !andate to Con/ress is not to prescribe but to evolve a pro/ressive s"ste! of ta7ation. 9'olentino v. Sec. of -inance: C. Dele*ation of powe( to ta@ Conditions !ari##s and Customs Code 7imitation imposed regarding the -le2ible !ari## Clause Section 1* 91: 'he Con/ress !a" b" law5 authori0e the President to fi7 within specified li!its5 and sub3ect to such li!itations and restrictions at it !a" i!pose5 tariff rates5 i!port and e7port <uotas5 tonna/e and wharfa/e dues5 and other duties or i!posts within the fra!ewor. of the national develop!ent pro/ra! of the Govern!ent. 3. Con!itions in t#e !ele*ation of t#e powe( to ta@% 9(: Dele/ation !ust be !ade b" law 91: 'he power /ranted is to fi7 tariff rates5 i!port and e7port <uotas5 tonna/e and wharfa/e dues5 and other duties and i!post.
2&2 2&&
Cru), Philippine Political "aw, p. 1+2 (1$$% ed*. ,ernas Commentar-, p //$ (2##& ed*.
8>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA power to ta7 and conse<uent loss of revenue to the /overn!ent. POWER O+ APPROPRIA,ION@ SPENDIN6 POWER A. Spen!in* Powe( '. Spending +ower E. 9eason 4. "8y 7aw$ Section 26. 9(: Do !one" shall be paid out of the 'reasur" e7cept in pursuance of an appropriation !ade b" law. 3. Spen!in* Powe( 'he spendin/ power of Con/ress is stated in Section 1)9(:= ADo !one" shall be paid out of the 'reasur" e7cept in pursuance of an appropriation !ade b" law.B 9()**5 ())1 Bar Question: 2. Reason Behind the provision stands the principle that the people@s treasure that the people@s treasure !a" be sent onl" with their consent. 'hat consent is to be e7pressed either in the Constitution itself or in valid acts of the le/islature as the direct representative of the people.126 G. ;B) law? 'he provision does not sa" Aappropriation b" Con/ressB but rather Ab" lawB5 a ter! which covers both statutes and the Constitution.128 B. App(op(iation Appropriation Classi#ication C:3. App(op(iation An appropriation !easure !a" be defined as a statute the pri!ar" and specific purpose of which is to authori0e the release of public funds fro! the treasur".12> A law creatin/ an office and providin/ funds therefore is not an appropriation law since the !ain purpose is not to appropriate funds but to create the office.12+ 2. Classification of App(op(iation Measu(es%
appurtenant thereto5 !os<ues5 nonE profit ce!eteries and all lands5 buildin/s5 and i!prove!ent actuall"5 directl"5 and e7clusivel" used for reli/ious5 charitable5 or educational purposes shall be e7e!pt fro! ta7ation. 3. E@e&pte!% 9(: Charitable institutions 91: Churches 92: Parsona/es or convents appurtenant to churches 96: ;os<ues 98: DonEprofit ce!eteries 9>: All lands5 buildin/s5 and i!prove!ent actuall'!irectl' an! e$clusivel' used for reli/ious5 charitable5 or educational purpose shall be e7e!pt fro! ta7ation. 2. 5in! of ta@ e@e&ption un!e( 27DGE 'he e7e!ption created b" Section 1* is onl" for ta7es assessed as propert" ta7es and not e7cise ta7. 9C$, v. CA: G. ;E@clusi"el)? 'he phrase Ae7clusivel" used for educational purposesB e7tends to facilities which are incidental to and reasonabl" necessar" for the acco!plish!ent of the !ain purpose. 9Abra Valle" Colle/e v. A<uino: PCGG has no power to /rant ta7 e7e!ptions 9Chave0 v. PCGG: A. Ele&ents to e consi!e(e! in !ete(&inin* w#et#e( an ente(p(ise is a c#a(ita le institution1entit)% 9(: Statute creatin/ the enterprise 91: $ts corporate purposes 92: $ts constitution and b"Elaws 96: ;ethod of ad!inistration 98: Dature of actual wor. perfor!ed 9>: Character of services rendered 9+: $ndefiniteness of the beneficiaries 9*: 4se and occupation of the properties 9Lun/ Center v. QC: Section 1* 96: Do law /rantin/ an" ta7 e7e!ption shall be passed without the concurrence of a !a3orit" of all the ;e!bers of the Con/ress. B. Reason fo( a solute &a+o(it) Bills ordinaril" passed with support of onl" a si!ple !a3orit"5 or a !a3orit" of those present and votin/. 'he above provision re<uires an absolute !a3orit" of the entire !e!bership of the Con/ress because a ta7 e7e!ption represents a withholdin/ of the I sweat, I bleed, I soar Service, Sacrifice, Excellence
(4*
/ene(alE 'he /eneral appropriations law passed annuall" is intended to provide for the financial operations of the entire /overn!ent durin/ one fiscal period.
2&4
2&%
See !inco, Philippine Political "aw, p 2#2 (1$%4ed*. !inco, Philippine Political "aw, p 211 (1$%4ed*. Cru), Philippine Political "aw, p. 1%2 (1$$% ed*. Cru), Philippine Political "aw, p. 1%$ (1$$% ed*.
2&+
2&/
8+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 6. Procedure for approvin/ appropriations for Con/ress. 9art > sec 1892:: 8. Prohibition a/ainst transfer of appropriations. 9art > sec 1898:: >. ,ule on auto!atic reappropriation. 9art > sec 189+:: +. Prohibition a/ainst appropriations for sectarian benefit. 9art > sec 1)91:: D. NonHesta lis#&ent p(o"ision Section 1) 91: Do public !one" or propert" shall be appropriated5 applied5 paid5 or e!plo"ed5 directl" or indirectl"5 for the use5 benefit5 or support of an" sect5 church5 deno!ination5 sectarian institution5 or s"ste! of reli/ion5 or of an" priest5 preacher5 !inister5 or other reli/ious teacher or di/nitar" as such5 e7cept when such priest5 preacher5 !inister5 or di/nitar" is assi/ned to the ar!ed forces5 or to an" penal institution5 or /overn!ent orphana/e or leprosariu!. Do public !one" or propert" shall be appropriated5 applied5 paid5 or e!plo"ed5 directl" or indirectl"5 for the use5 benefit5 or support of an" sect5 church5 deno!ination5 sectarian institution5 or s"ste! of reli/ion5 or of an" priest5 preacher5 !inister5 or other reli/ious teacher or di/nitar" as such. Public !one" !a" be paid to a priest5 preacher5 !inister5 or di/nitar" if he is assi/ned to the ar!ed forces5 or to an" penal institution5 or /overn!ent orphana/e or leprosariu!. /ene(al o( specific app(op(iation. hether the appropriation be /eneral or specific5 it !ust confor! to the prohibition a/ainst the use of public funds or propert" for sectarian purposes.16( Pu(pose of t#e p(o"ision. 'his provision !ust be read with Article $$$5 Section 8 on reli/ious freedo! and Article $$5 Section > on the separation of Church and State. $ts purpose is to further bolster this principle and e!phasi0e the neutralit" of the State in ecclesiastical !atters. E. Special -un! Section 1) 92: All !one" collected on an" ta7 levied for a special purpose shall be treated as a special fund and paid out for such purpose onl". $f the purpose for which a special fund was created has been fulfilled or abandoned5 the
241
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SpecialH desi/ned for a specific purpose such as the creation of a fund for the relief of t"phoon victi!s. CDA law creatin/ CD- was upheld b" the SC sa"in/ that the Con/ress itself has specified the uses of the fund and that the power /iven to Con/ress!en and ViceEPresident was !erel" reco!!endator" to the President who could approve or disapprove the reco!!endation. 9P#$LCJDSA v. Enri<ue0: C. Li&itations on App(op(iations 12traBConstitutional 7imitations Constitutional 7imitations <& E$tra;Constitutional .imitations I&plie! Li&itations (. Appropriation !ust be devoted to a public purpose 1. 'he su! authori0ed !ust be deter!inate or at least deter!inable.12* =& Constitutional .imitations Specific Li&itations on t#e powe( of app(op(iation12) HSec 165 Sec 189>:I (. Appropriation bills should ori/inate in the #ouse of ,epresentatives. 9art. > sec 16: 1. Discretionar" funds appropriated for particular officials shall be disbursed onl" for public purposes to be supported b" appropriate vouchers and sub3ect to such /uidelines as !a" be prescribed b" law. 9art. > sec 189>: Constitutional li&itations on special app(op(iation &easu(es HSec 1896:5 Sec 1)91:I (. ;ust specif" the public purpose for which the su! is intended. 9art > sec 18 96:: 1. ;ust be supported b" funds actuall" available as certified to b" Dational 'reasurer5 or to be raised b" a correspondin/ revenue proposal included therein. 9art > sec 1896:: 2. Prohibition a/ainst appropriations for sectarian benefit. 9art > sec 1)91::16C Constitutional (ules on *ene(al app(op(iations law HSec 18 9(:91:92:98:9+:5 Sec 1)91:I (. Con/ress !a" not increase the appropriations reco!!ended b" the President. 9art > sec 189(:: 1. 'he for!5 content5 and !anner of preparation for the bud/et shall be prescribed b" law. 9art > sec 189(:: 2. ,ule on riders. 9art > sec 1891::
2&2 2&$
Cru), Philippine Political "aw, p. 1+# (1$$% ed*. Cru), Philippine Political "aw, p. 1+# (1$$% ed*. 24# See Cru), Philippine Political "aw, p. 1+4 (1$$% ed*.
Cru), Philippine Political "aw, p. 1+4 (1$$% ed.*
8*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA P(epa(ation of Bu!*et. 'he for!5 content5 and !anner of preparation of the bud/et shall be prescribed b" law. 2. Rule on (i!e(s Section 18 91: Do provision or enact!ent shall be e!braced in the /eneral appropriations bill unless it relates specificall" to so!e particular appropriation therein. An" such provision or enact!ent shall be li!ited in its operation to the appropriation to which it relates. 91CC( Bar Question: Ever" provision or enact!ent in the /eneral appropriations bill !ust relate specificall" to so!e particular appropriation therein. Ever" such provision or enact!ent shall be li!ited in its operation to the appropriation to which it relates Pu(pose. 'o prevent riders or irrelevant provisions that are included in the /eneral appropriations bill to ensure their approval.168 P(oce!u(e in app(o"in* app(op(iations fo( t#e Con*(ess 92: 'he procedure in approvin/ appropriations for the Con/ress shall strictl" follow the procedure for approvin/ appropriations for other depart!ents and a/encies. Sa&e P(oce!u(e. 'he procedure in approvin/ appropriations for the Con/ress shall strictl" follow the procedure for approvin/ appropriations for other depart!ents and a/encies. Reason. 'o prevent the adoption of appropriations sub rosa b" the Con/ress. G. Special App(op(iations ill 96: A special appropriations bill shall specif" the purpose for which it is intended5 and shall be supported b" funds actuall" available as certified b" the Dational 'reasurer5 or to be raised b" a correspondin/ revenue proposal therein. A special appropriations bill shall= 9(: Specif" the purpose for which it is intendedG 91: Be supported b" funds actuall" available as certified b" the Dational 'reasurerG or
24%
balance5 if an"5 shall be transferred to the /eneral funds of the Govern!ent. Ta@ le"ie! fo( a special pu(pose. All !one" collected on an" ta7 levied for a special purpose shall be treated as a special fund. -o( suc# pu(pose onl). All !one" collected on an" ta7 levied for a special purpose shall be paid out for such purpose onl". Balance to t#e *ene(al fun!s. $f the purpose for which a special fund was created has been fulfilled or abandoned5 the balance5 if an"5 shall be transferred to the /eneral funds of the Govern!ent. -. /ene(al App(op(iation 8udget and Appropriation 9ule on 9iders Special Appropriations 8ill 0o !rans#er o# Appropriations :iscretionary -unds Automatic 9eBenactment 3. Bu!*et an! App(op(iation Section 2B. 9(: 'he Con/ress !a" not increase the appropriations reco!!ended b" the President for the operation of the Govern!ent as specified in the bud/et. 'he for!5 content5 and !anner of preparation of the bud/et shall be prescribed b" law. Bu!*et. 'he bud/et is onl" a proposal5 a set of reco!!endations on the appropriations to be !ade for the operations of the /overn!ent. $t is used as a basis for the enact!ent of the /eneral appropriations law.161 T#e u!*et as a (est(iction on app(op(iations. 'he Con/ress !a" not increase the appropriations reco!!ended b" the President for the operation of the Govern!ent as specified in the bud/et. Reason. 'he reason for the above provision is the theor" that the President .nows !ore about the needed appropriations than the le/islature.162 Bein/ responsible for the proper ad!inistration of the e7ecutive depart!ent5 the President is ordinaril" the part" best <ualified to .now the !a7i!u! a!ount that the operation of his depart!ent re<uires.166
242 24&
Cru), Philippine Political "aw, p. 1+1 (1$$% ed.* Cru), Philippine Political "aw, p. 1+1 (1$$% ed.* !inco, Philippine Political "aw, p 21+ (1$%4ed*.
244
Cru), Philippine Political "aw, p. 1+2 (1$$% ed.*
8)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA /uidelines as !a" be prescribed b" law. Pu lic Pu(pose. Discretionar" funds appropriated for particular officials shall be disbursed onl" for public purposes to be supported b" appropriate vouchers and sub3ect to such /uidelines as !a" be prescribed b" law. Reason. 'his was thou/ht necessar" in view of the !an" abuses co!!itted in the past in the use of discretionar" funds. $n !an" cases5 these funds were spent for personal purposes5 to the pre3udice and often even without the .nowled/e of the public.16* :. Auto&atic Reenact&ent 9())* Bar Question: 9+: $f5 b" the end of an" fiscal "ear5 the Con/ress shall have failed to pass the /eneral appropriations bill for the ensuin/ fiscal "ear5 the /eneral appropriations law for precedin/ fiscal "ear shall be dee!ed reenacted and shall re!ain in force and effect until the /eneral appropriations bill is passed b" the Con/ress. Reason. 'his is to address a situation where Con/ress fails to enact a new /eneral appropriations act for the inco!in/ fiscal "ear. IIII. OT0ER PRO0IBITED MEAS$RES Appellate *uris!iction of Supreme Court ,itle of Ro'alt' an! No%ilit' A. Appellate 4u(is!iction of Sup(e&e Cou(t Section GJ. Do law shall be passed increasin/ the appellate 3urisdiction of the Supre!e Court as provided in this Constitution without its advice and concurrence. Li&itation on powe( of Con*(ess. Do law shall be passed increasin/ the appellate 3urisdiction of the Supre!e Court as provided in this Constitution without its advice and concurrence. SCLs A!"ice an! Concu((ence Nee!e!. 'he Con/ress !a" increase the appellate 3urisdiction of the SC but onl" with its advice and concurrence. Reason. 'o prevent further additions to the present tre!endous case load of the Supre!e
242
92: Be supported b" funds to be raised b" a correspondin/ revenue proposal therein. A. No t(ansfe( of app(op(iations 98: Do law shall be passed authori0in/ an" transfer of appropriationsG however5 the President5 the President of the Senate5 the Spea.er of the #ouse of ,epresentatives5 the Chief &ustice of the Supre!e Court5 and the heads of Constitutional Co!!issions !a"5 b" law5 be authori0ed to au/!ent an" ite! in the /eneral appropriations law for their respective offices fro! savin/s in other ite!s of their respective appropriations. 9())* Bar Question: P(o#i ition of t(ansfe(. Do law shall be passed authori0in/ an" transfer of appropriations. Reason. 'his provision prohibits one depart!ent fro! transferrin/ so!e of its funds to another depart!ent and thereb" !a.e it beholden to the for!er to the detri!ent of the doctrine of separation of powers. Such transfers are also uns"ste!atic5 besides in effect disre/ardin/ the will of the le/islature that enacted the appropriation !easure.16> Au*&entation of ite& f(o& sa"in*s. 'he President5 the Senate President5 the #ouse Spea.er5 the Chief &ustice5 and the heads of Constitutional Co!!ission !a"5 b" law5 be authori0ed to au/!ent an" ite! in the /eneral appropriations law for their respective offices fro! savin/s in other ite!s of their respective appropriations. $n this case5 there is no dan/er to the doctrine of separation of powers because the transfer is !ade within a depart!ent and not fro! one depart!ent to another.16+ E@clusi"e list. 'he list of those who !a" be authori0ed to transfer funds under this provision is e7clusive. #owever5 !e!bers of the Con/ress !a" deter!ine the necessit" of reali/n!ent of the savin/s. 9P#$LCJDSA v. Enri<ue0: B. Disc(etiona() fun!s 9>: Discretionar" funds appropriated for particular officials shall be disbursed onl" for public purposes to be supported b" appropriate vouchers and sub3ect to such
24+ 24/
Cru), Philippine Political "aw, p. 1+4 (1$$% ed.* Cru), Philippine Political "aw, p. 1+4 (1$$% ed.*
Cru), Philippine Political "aw, p. 1+# (1$$% ed.*
>C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
Court which includes the bac.lo/ of the past decades.16) B. Titles of Ro)alt) an! No ilit) Section G3. Do law /rantin/ a title of ro"alt" or nobilit" shall be enacted. Reason. 'o preserve the republican and de!ocratic nature of our societ" b" prohibitin/ the creation of privile/ed classes with special per<uisites not available to the rest of the citi0enr". IIV. INITIATIVE AND RE-EREND$M Initiati e and 9e#erendum initiati e 9e#erendum Section G2. 'he Con/ress shall as earl" as possible5 provide for a s"ste! of initiative and referendu!5 and the e7ceptions therefro!5 whereb" the people can directl" propose and enact laws or approve or re3ect an" act or law or part thereof passed b" the Con/ress or local le/islative bod" after the re/istration of a petition therefor si/ned b" at least ten per centu! of the total nu!ber of re/istered voters5 of which ever" le/islative district !ust be represented b" at least three per centu! of the re/istered voters thereof. 3. Initiati"e an! (efe(en!u& 'he Con/ress shall as earl" as possible5 provide for a s"ste! of initiative and referendu!5 and the e7ceptions therefro!. Petition. A petition !ust be si/ned b" at least (CU of the total nu!ber of re/istered voters5 of which ever" le/islative district !ust be represented b" at least 2U of the re/istered voters thereof. 'he petition !ust then be re/istered. RA :8GB. 'he current i!ple!entin/ law is ,A >+285 an Act Providin/ for S"ste! of $nitiative and ,eferendu!. 2. Initiati"e. 'he power of the people to propose a&en!&ents to the Constitution or to propose and enact le/islation. T#(ee s)ste&s of Initiati"e%
1.
$nitiative on the Constitution which refers to a petition proposin/ a!end!ents to the ConstitutionG 2. $nitiative on statutes which refers to a petition proposin/ to enact a national le/islation. &. $nitiative on local le/islation which refers to a petition proposin/ to enact a re/ional5 provincial5 cit"5 !unicipal or baran/a" law5 resolution or ordinance. Local Initiati"e. Dot less than 15CCC re/istered voters in case of autono!ous re/ions5 (5CCC in case of provinces and cities5 (CC in case of !unicipalities5 and 8C in case of baran/a"s5 !a" file a petition with the ,e/ional Asse!bl" or local le/islative bod"5 respectivel"5 proposin/ the adoption5 enact!ent5 repeal5 or a!end!ent5 of an" law5 ordinance or resolution. 9Sec. (2 ,A >+28: Li&itations on local initiati"e% (. 'he power of local initiative shall not be e7ercised !ore than once a "earG 1. $nitiative shall e7tend onl" to sub3ects or !atters which are within the le/al !atters which are within the le/al powers of the local le/islative bodies to enactG &. $f an" ti!e before the initiative is held5 the local le/islative bod" shall adopt in toto the proposition presented5 the initiative shall be cancelled. #owever5 those a/ainst such action !a" if the" so desire5 appl" for intitiative. .% Petitioners filed a petition with CJ;ELEC to hold a plebiscite on their petition for an initiative to a!end the Constitution b" adoptin/ a unica!eralEparlia!entar" for! of /overn!ent and b" providin/ for transitor" provisions. A= An initiative to chan/e the Constitution applies onl" to an a!end!ent and not revision. ,evision broadl" i!plies a chan/e that alters basic principle in the Constitution li.e alterin/ the principle of separation of powers or the s"ste! of chec.s and balance. 'he initiative of the petitioners is a revision and not !erel" an a!end!ent. 9La!bino v. CJ;ELEC: G. Refe(en!u& Power of the electorate to approve or re3ect le/islation throu/h an election called for the purpose. Two Classes of Refe(en!u& (. ,eferendu! on statutes which refers to a petition to approve or re3ect an act or la5 or part thereof5 passed b" Con/ressG 1. ,eferendu! on local laws which refers to a petition to approve or re3ect a law5 resolution or
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Cru), Philippine Political "aw, p. 14+ (1$$% ed.*
>(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
ordinance enacted b" re/ional asse!blies and local le/islative bodies. 9Sec. 19c: ,A >+28: P(o#i ite! Measu(es. 'he followin/ cannot be sub3ect of an initiative or referendu!= (. Petition e!bracin/ !ore than one sub3ect shall be sub!itted to the electorate. 1. Statutes involvin/ e!er/enc" !easures5 the enact!ent of which is specificall" vested in Con/ress b" the Constitution5 cannot be sub3ect to referendu! until ninet"9)C: da"s after their effectivit". 9Sec. (C ,A >+28: .% $s the People Power reco/ni0ed in the ConstitutionR 9()*+5 1CCC and 1CC2 Bar E7a!inations: A% APeople powerB is reco/ni0ed in the Constitution5 Article $$$5 Section 6 of the ()*+ Constitution /uarantees the ri/ht of the people peaceable to asse!ble and petition the /overn!ent for redress of /rievances. Article V$5 Section 21 of the ()*+ Constitution re<uires Con/ress to pass a law allowin/ the people to directl" propose or re3ect an" act or law or part of it passed b" con/ress or a local le/islative bod". Article S$$$5 Section (> of the ()*+ Constitution provides that the ri/ht of the people and their or/ani0ations to participate in all levels of social5 political5 and econo!ic decisionE!a.in/ shall not be abrid/ed and that the State shall5 b" law5 facilitate the establish!ent of ade<uate consultation !echanis!s. Article SV$$5 Section 1 of the ()*+ Constitution provides that sub3ect to the enact!ent of an i!ple!entin/ law5 the people !a" directl" propose a!end!ents to the Constitution throu/h initiative.
>1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA B. E@ecuti"e Powe(' Scope
EIEC$TIVE DEPARTMENT 0. E$ecutive Po er (I '/ 00. ,he Presi!ent (I EB'4/ 000. ,he Vice;Presi!ent 0 . Po ers of the Presi!ent . Po er of Appointment (I 'FB'H/ 0. Po er of Control (I '*/ 00. Militar' Po ers (I ')/ 000. Po er of E$ecutive Clemenc'
(I '(/ 08. )orro in# Po er (I EG/ 8. +orei#n Affairs Po er (I E'/ 80. )u!#etar' Po er (I EE/ 800. Informin# Po er (I E4/ 0III&Other Po ers
I. EIEC$TIVE POWER E$ecutive Po er- 3Definition4 Scope Where Veste! Ceremonial +unctions E$ecutive Immunit' E$ecutive Privile#e Ca%inet Section 3. 'he E7ecutive power shall be vested in the President of the Philippines A. E@ecuti"e Powe( DDefinitionE
2%1
(. 'he scope of power is set forth in the Constitution specificall" in Article V$$.
2.
#owever5 E7ecutive power is !ore than the su! of specific powers enu!erated in the Constitution. $t includes (esi!ual powe(s2B3 not specificall" !entioned in the Constitution. 9;arcos v. ;an/lapus 9()*): 'he prosecution of cri!es appertains to the E7ecutive Depart!ent5 whose responsibilit" is to see the laws are faithfull" e7ecuted. 9 ebb v. De Leon:181
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B4' the President cannot dispose of State propert" unless authori0ed b" law.182 4. Enforce!ent and ad!inistration of election laws is the authorit" of the CJ;ELEC.186 C. E@ecuti"e Powe(' W#e(e Veste! 'he E7ecutive power shall be vested in the P(esi!ent of the Philippines. D. Ce(e&onial -unctions D0ea! of StateE $n a presidential s"ste!5 the presidenc" includes !an" other functions than 3ust bein/ e7ecutive. 'he president is the Hs"!bolic andI cere!onial head of the /overn!ent of the HPhilippinesI.188 E. E@ecuti"e I&&unit) f(o& suit Rules on Immunit' !urin# tenure 1. 'he President is i!!une fro! suit durin/ his tenure.18>
=esidual Powers are those which are implicit in and correlative to the paramount dut- residing in that office to safeguard and protect general welfare. 2%2 See 1acinto 1imene), Political "aw Compendium p.&#+ (2##% ed.* 2%& See "aurel v. @arcia (=oponggi Case*
2%4 2%%
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'he e7ecutive power is the power to enforce and ad!inister the laws.18C 9DEA v. CA5 1CC1:
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1ustice 0rene Cortes in the case of Marcos v. Man%lapus )*+,+opinesA B.t /ould be inaccurate0 to state t(at 1e ecutive po/er2 is t(e po/er to enforce la/s! for t(e President is (ead of State as /ell as (ead of %overnment and /(atever po/er in(ere in suc( positions pertain to t(e office unless t(e Constitution itself /it((olds it.C 4.'., in his attempt to provide a comprehensive interpretation of e.ecutive power providesA BE ecutive po/er refers to t(e po/er of t(e President3 )a- to e ecute and administer la/s )b- po/er enumerated in t(e Constitution )c- t(ose po/ers t(at in(ere to t(e President as (ead of state and (ead of %overnment! and )d- residual po/ers.C 4E ecutive po/er refers to t(e totality of t(e President2s po/er.5 According to !inco, BE ecutive po/er refers to t(e le%al and political functions of t(e President involvin% t(e e ercise of discretion. (Philippine Political "aw, p.242 (1$%4 ed.*
Cru), Philippine Political "aw, p. &#2 (1$$% ed*.
See ,ernas Commentar-, p 2## (2##& ed*. 'he incumbent President is immune from suit or from being brought to court during the period of their incumbenc- and tenure. (0n re !aturnino ,ermude),1$2+* B'he President during his tenure of office or actual incumbenc-, manot be sued in A:J civil or criminal case. 0t will degrade the dignitof the high office of the President, the Dead of !tate, if he can be dragged into court litigations while serving as such.C (David v. K9rmitaL* Article 00, !ection 1/ (1st !entence* of the 1$/& Constitution providesA B'he President shall be immune from suit during his tenure.C 'he immunit- granted b- the 1st sentence while the President was in office was absolute. 'he intent was to give the President absolute immunit- even for wrongdoing committed during his
>2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA !ypes o# 12ecuti e +ri ilege (0eri . Senate/ <ariety o# 12ecuti e +ri ilege (Senate . 1rmita/ Ainds o# 12ecuti e +ri ilege (0eri . Senate/ 1lements o# +residential Communications +ri ilege +residential Communications are +resumpti ely +ri ileged 12ecuti e +ri ilege . +ublic Interest +ower o# In%uiry . 12ecuti e +ri ilege Case :igest o# 0eri . Senate 3E Definition Briefl" and in si!plest ter!s5 it is the power of the President to withhold certain t"pes of infor!ation fro! the public5 fro! the courts5 and fro! Con/ress. 2E 0ow in"o9e! Invo(e! in relation to specific cate#ories of information. E7ecutive privile/e is properl" invo.ed in relation to specific cate/ories of infor!ation and not to cate/ories of persons. 9 hile e7ecutive privile/e is a constitutional concept5 a clai& thereof !a" be valid or not dependin/ on the /round invo.ed to 3ustif" it and the conte7t in which it is !ade. Doticeabl" absent is an" reco/nition that e7ecutive officials are e7e!pt fro! the dut" to disclose infor!ation b" the !ere fact of bein/ e7ecutive officials. 9Senate v. Er!ita: GE W#o can in"o9e $n li/ht of this hi/hl" e7ceptional nature of the privile/e5 the Court finds it essential to li!it to the P(esi!ent the power to invo.e the privile/e. She !a" of course authori0e the E@ecuti"e Sec(eta() to invo.e the privile/e on her behalf5 in which case the E7ecutive Secretar" !ust state that the authorit" is LB" order of the President5L which !eans that he personall" consulted with her. 'he privile/e bein/ an e7traordinar" power5 it !ust be wielded onl" b" the hi/hest official in the e7ecutive hierarch". $n other words5 the President !a" not authori0e her subordinates to e7ercise such power. 9Senate v. Er!ita: 9$t follows5 therefore5 that when an
official is bein/ su!!oned b" Con/ress on a !atter which5 in his own 3ud/!ent5 !i/ht be covered b" e7ecutive privile/e5 he !ust be afforded (easona le ti&e to info(& t#e P(esi!ent o( t#e E@ecuti"e Sec(eta() of the possible need for invo.in/ the privile/e. 'his is necessar" in order to provide the President or the E7ecutive Secretar" with fair opportunit" to consider whether the !atter indeed calls for a clai! of e7ecutive privile/e. $f5 after the lapse of that reasonable ti!e5 neither the President nor the E7ecutive Secretar" invo.es the privile/e5 Con/ress is no lon/er bound to respect the failure of the official to appear before Con/ress and !a" then opt to avail of the necessar" le/al !eans to co!pel his appearance.: 9Senate v. Er!ita:
#e !a" be filed i!peach!ent co!plaint durin/ his tenure. 9Article S$: &. 'he President !a" not be prevented fro! institutin/ suit 9Soliven v. ;a.asiar: 4. 'here is nothin/ in our laws that would prevent the President fro! waivin/ the privile/e. 'he President !a" shed the protection afforded b" the privile/e. 9Soliven v. ;a.asiar: %. #eads of depart!ents cannot invo.e the presidents@ i!!unit" 9Gloria v. CA: Rules on Immunit' after tenure +. Jnce out of office5 even before the end of the si7 "ear ter!5 i!!unit" for nonEofficial acts is lost. Such was the case of &oseph Estrada. 9See Bernas Co!!entar"5 p *C6 91CC2 ed.: $t could not be used to shield a nonEsittin/ President fro! prosecution for alle/ed cri!inal acts done while sittin/ in office. 9Estrada v. DisiertoG See ,o!ualde0 v. Sandi/anba"an: Note% $n David v. Arro"o5 the Court held that it is i!proper to i!plead President Arro"o as respondent. #owever5 it is well to note that in Ru%rico v& Arro'o- ;in. ,es.5 G, Do5 (*CC865 Jctober 2(5 1CC+5 the Supre!e Court ordered the respondents5 includin/ President Arro"o5 to !a.e a return of the writ= APou, respondents +resident Macapagal Arroyo..are hereby re%uired to make a return o# the writ be#ore the Court o# Appeals.$ Reasons fo( t#e P(i"ile*e% (. Sepa(ation of powe(s. 'he separation of powers principle is viewed as de!andin/ the e7ecutive@s independence fro! the 3udiciar"5 so that the President should not be sub3ect to the 3udiciar"@s whi!.18+ 1. Pu lic con"enience. B" reason of public convenience5 the /rant is to assure the e7ercise of presidential duties and functions free fro! an" hindrance or distraction5 considerin/ that the Chief E7ecutive is a 3ob that5 aside fro! re<uirin/ all of the officeEholder@s ti!e5 also de!ands undivided attention (Soli en . Makasiar: -. E@ecuti"e P(i"ile*e :e#inition &ow In oked ,ho may in oke +ri ilege 0ot Absolute
tenure. (,ernas, Philippine Political "aw, 1$24* Although the new Constitution has not reproduced the e.plicit guarantee of presidential immunit- from suit under the 1$/& Constitution, presidential immunit- during tenure remains as part of the law. (See ,ernas Commentar-, p 2#4 (2##& ed.*
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See Almonte v. asFue)
AE P(i"ile*e Not A solute Clai! of e7ecutive privile/e is sub3ect to alancin* a*ainst ot#e( inte(est. $n other words5
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UTOPIA
ARIS S. MANGUERA of separation of powers and the President@s uni<ue constitutional role Applies to docu!ents in their entiret" and covers final and post decisional !aterials as well as preE deliberative ones 7E Ele&ents of p(esi!ential co&&unications p(i"ile*e 3Neri v& Senate4 (: 'he protected co!!unication !ust relate to a A<uintessential and nonEdele/able presidential power.B 1: 'he co!!unication !ust be authored or Asolicited and receivedB b" a close advisor of the President or the President hi!self. 'he 3udicial test is that an advisor !ust be in Aoperational pro7i!it"B with the President. 2: 'he presidential co!!unications privile/e re!ains a <ualified privile/e that !a" be overco!e b" a showin/ of ade<uate need5 such that the infor!ation sou/ht Ali.el" contains i!portant evidenceB and b" the unavailabilit" of the infor!ation elsewhere b" an appropriate investi/atin/ authorit". 6E P(esi!ential Co&&unications a(e P(esu&pti"el) P(i"ile*e! 'he presu!ption is based on the President@s /enerali0ed interest in confidentialit". 'he privile/e is necessar" to /uarantee the candor of presidential advisors and to p(o"i!e t#e P(esi!ent an! t#ose w#o assist #i& with freedo! to e7plore alternatives in the process of shapin/ policies and !a.in/ decisions and to do so in a wa" !an" would be unwillin/ to e7press e7cept privatel". T#e p(esu&ption can e o"e(co&e onl) ) &e(e s#owin* of pu lic nee! ) t#e (anc# see9in* access to con"e(sations. 'he courts are en3oined to resolve the co!petin/ interests of the political branches of the /overn!ent Ain the !anner that preserves the essential functions of each Branch.B 777777777777777777777777777777777777777777777 3JE E@ecuti"e P(i"ile*e an! t#e Pu lic 'he Court held that this 3urisdiction reco/ni0es the co!!on law holdin/ that there is a A/overn!ental privile/e a/ainst public disclosure with respect to state secrets re/ardin/ !ilitar"5 diplo!atic and other national securit" !atters and cabinet closed door !eetin/s.B 9Chave0 v. PCGG: 33E Powe( of InMui() ". E@ecuti"e P(i"ile*e ReMui(e&ent in in"o9in* t#e p(i"ile*e% fo(&al clai& of p(i"ile*e. ACon/ress has undoubtedl"
confidentialit" in e7ecutive privile/e is not absolutel" protected b" the Constitution. Deither the doctrine of separation of powers5 nor the need for confidentialit" of hi/hElevel co!!unications5 without !ore5 can sustain an absolute5 un<ualified Presidential privile/e of i!!unit" fro! 3udicial process under all circu!stances. 9Deri v. Senate: A clai! of e7ecutive privile/e does not /uard a/ainst a possible disclosure of a cri!e or wron/doin/ 9Deri v. Senate: BE T)pes of E@ecuti"e P(i"ile*e2B7 (. State secrets 9re/ardin/ !ilitar"5 diplo!atic and other securit" !atters: 1. $dentit" of /overn!ent infor!ers 2. $nfor!ation related to pendin/ investi/ations 6. Presidential co!!unications 8. Deliberative process :E Va(iet) of E@ecuti"e P(i"ile*e acco(!in* to T(i e DT(i e cite! in Senate ". E(&itaE (.State Secrets Privile/e. that the infor!ation is of such nature that its disclosure would subvert crucial !ilitar" or diplo!atic ob3ectivesG 91:$nfor!er@s privile/e. Privile/e of the Govern!ent not to disclose the identit" of persons who furnish infor!ation of violations of law to officers char/ed with the enforce!ent of that law. 92: General Privile/e. -or internal deliberations. Said to attach to intra/overn!ental docu!ents reflectin/ advisor" opinions5 reco!!nendations and deliberations co!prisin/ part of a process b" which /overn!ental decisions and policies for!ulated. 8E Two 5in!s of P(i"ile*e un!e( In re" Seale! Case 3Neri v& Senate4 (. Presidential Co!!unications Privile/e 1. Deliberative Process Privile/e P(esi!ential Co&&unications P(i"ile*e Pertains to co!!unications5 docu!ents or other !aterials that reflect presidential decision !a.in/ and deliberations that the President believes should re!ain confidential Applies to decision !a.in/ of the President ,ooted in the constitutional principle
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Deli e(ati"e P(ocess P(i"ile*e $ncludes advisor" opinions5 reco!!endations and deliberations co!prisin/ part of a process b" which /overn!ental decisions and policies are for!ulated Applies to decision !a.in/ of e7ecutive officials ,ooted on co!!on law privile/es
Primer on :eri v. !enate made b- Att-. Carlos 4edina.
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UTOPIA
ARIS S. MANGUERA
the answers to the three 92: <uestions in the enact!ent of a law. 91: Tes. 'he Supre!e Court said that the Senate Co!!ittees co!!itted /rave abuse of discretion in citin/ Deri in conte!pt. 'he followin/ reason a!on/ others was /iven b" the Supre!e Court= a. T#e(e was a le*iti&ate clai& of e@ecuti"e p(i"ile*e. -or the clai! to be properl" invo.ed5 there !ust be a for!al clai! b" the President statin/ the Aprecise and certain reasonB for preservin/ confidentialit". 'he /rounds relied upon b" E7ecutive Secretar" Er!ita are specific enou/h5 since what is re<uired is onl" that an alle/ation be !ade Awhether the infor!ation de!anded involves !ilitar" or diplo!atic secrets5 closedEdoor Cabinet !eetin/s5 etc.B 'he particular /round !ust onl" be specified5 and the followin/ state!ent of /rounds b" E7ecutive Secretar" Er!ita satisfies the re<uire!ent= A'he conte7t in which e7ecutive privile/e is bein/ invo.ed is that the infor!ation sou/ht to be disclosed !i/ht i!pair our diplo!atic as well as econo!ic relations with the People@s ,epublic of China.B
has a ri/ht to infor!ation fro! the e7ecutive branch whenever it is sou/ht in aid of le/islation. $f the e7ecutive branch withholds such infor!ation on the /round that it is privile/ed5 it &ust so asse(t it an! state t#e (eason t#e(efo(e an! w#) it &ust e (especte!.B 9&ustice Carpio ;orales in Senate . 1rmita: A for!al and proper clai! of e7ecutive privile/e re<uires a specific !esi*nation an! !esc(iption of t#e !ocu&ents wit#in its scope as well as p(ecise an! ce(tain (easons fo( p(ese("in* t#ei( confi!entialit). ithout this specificit"5 it is i!possible for a court to anal"0e the clai! short of disclosure of the ver" thin/ sou/ht to be protected. 4pon the other hand5 Con/ress !ust not re<uire the e7ecutive to state the reasons for the clai! with such particularit" as to co!pel disclosure of the infor!ation which the privile/e is !eant to protect. 9Senate v. Er!ita: 32E Ne(i ". Senate Co&&ittee
Bac9*(oun!% 'his case is about the Senate investi/ation of ano!alies concernin/ the DBDEP'E pro3ect. Durin/ the hearin/s5 for!er DEDA head ,o!ulo Deri refused to answer certain <uestions involvin/ his conversations with President Arro"o on the /round the" are covered b" e7ecutive privile/e. hen the Senate cited hi! in conte!pt and ordered his arrest5 Deri filed a case a/ainst the Senate with the Supre!e Court. 3n March E5, EGG), the Supreme Court ruled in #a or o# 0eri and upheld the claim o# e2ecuti e pri ilege. Issues% 9(: . Are the co!!unications sou/ht to be elicited b" the three <uestions covered b" e7ecutive privile/eR 91: Did the Senate Co!!ittees co!!it /rave abuse of discretion in citin/ Deri in conte!pt and orderin/ his arrestR Rulin*% 9(: 'he SC said that the co!!unications sou/ht to be elicited b" the three <uestions are covered b" the presidential co!!unications privile/e5 which is one t"pe of e7ecutive privile/e. 4sin/ the ele!ents of presidential communications pri ilege5 the SC is convinced that the co!!unications elicited b" the three 92: <uestions are covered b" the p(esi!ential co&&unications p(i"ile*e. +irst5 the co!!unications relate to a A<uintessential and nonEdele/able powerB of the President5 i.e. the power to enter into an e7ecutive a/ree!ent with other countries. 'his authorit" of the President to enter into e2ecuti e agreements without the concurrence of the Le/islature has traditionall" been reco/ni0ed in Philippine 3urisprudence. Secon!- the co!!unications are AreceivedB b" a close advisor of the President. 4nder the Aoperational pro7i!it"B test5 petitioner can be considered a close advisor5 bein/ a !e!ber of President Arro"o@s cabinet. ,hir!5 there is no ade<uate showin/ of a co!pellin/ need that would 3ustif" the li!itation of the privile/e and of the una"aila ilit) of the infor!ation elsewhere b" an appropriate investi/atin/ authorit". 'he record is bereft of an" cate/orical e7planation fro! respondent Co!!ittees to show a co!pellin/ or critical need for
Co&&ents on Neri v& Senate Att' Me!ina: 'he rulin/ e7pands the area of infor!ation that is not accessible to the public. E7ecutive privile/e can now be invo.ed in co!!unications between his close advisors. 9See the second ele!ent in the presidential communications pri ilege/ )ernas: 'he proble! with the doctrine is5 an"ti!e the President sa"s A!hats co ered$5 that@s it. Dobod" can as. an"!ore <uestions. ASM" $ thin. when the President sa"s5 A$t@s covered5B the Court can still !a.e an in<uir" under the Grave Abuse Clause. 'his in<uir" can be done in an e7ecutive session. /. Ca inet 12traBconstitutional creation Composition +rohibitions <iceB+resident 12Bo##icio Capacity +rohibited 1mployment +rohibited Compensation 3. E@t(aHconstitutional c(eation Althou/h the Constitution !entions the Cabinet a nu!ber of ti!es5 the Cabinet itself as an institution is e7traEconstitutionall" created. 18) 2. Co&position $t is essentiall" consist of the heads of depart!ents who throu/h usa/e have for!ed a bod" of presidential adviser who !eet re/ularl" with the President.1>C G. P(o#i itions 9()*+5 ())> Bar Question:
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,ernas Commentar-, p 2#2 (2##& ed*.3 See art./ secs. &, 11 and ,ernas Commentar-, p 2#2 (2##& ed*.
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FRATERNAL ORDER
SCHOOL OF LAW
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UTOPIA
ARIS S. MANGUERA the PCGG since the PCGG answers to the President.1>1 8. P(o#i ite! Co&pensation hen an 4ndersecretar" sits for a Secretar" in a function fro! which the Secretar" !a" not receive additional co!pensation5 the prohibition on the Secretar" also applies t the 4ndersecretar".1>2 II. T#e P(esi!ent Who is heD Aualifications Election ,erm of Office Oath of Office Privile#es Prohi%itions@Inhi%itions Vacanc' Situations Rules of Succession ,emporar' Disa%ilit' Serious Illness Removal from Office A. W#o is t#e P(esi!ent 'he President is the #ead of State and the Chief E7ecutive.1>6 9#e is the e2ecuti e/ #e is the repositor" of all e7ecutive power.1>8 B. .ualifications Juali#ications 9eason #or Juali#ications Juali#ications are e2clusi e 0atural 8orn 9egistered <oter Age 9egistered Juali#ication Section 2. Do person !a" be elected President unless he is a naturalEborn citi0en of the Philippines5 a re/istered voter5 able to read and write5 at least fort" "ears of a/e on the da" of the election5 and a resident of the Philippines for at least ten "ears i!!ediatel" precedin/ such election. 3. .ualifications (. Datural born citi0en of the Phils. 1. ,e/istered voter 2. Able to read write
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9Applies to Members o# Cabinet, their deputies or assistants./ (. 4nless otherwise provided in the Constitution5 shall not hold an" other e!plo"!ent durin/ their tenure. 1. Shall not directl" or indirectl" practice an" other profession5 participate in an" business5 or be financiall" interested in an" contract with5 or in an" franchise or special privile/e /ranted b" the /overn!ent or an" subdivision5 a/enc"5 or instru!entalit" thereof5 includin/ /overn!entEowned or controlled corporations or their subsidiaries durin/ their tenure. 2. Strictl" avoid conflict of interest in the conduct of their office durin/ their tenure. 9Section (2: A. ViceHP(esi!ent Dote that the VP !a" be appointed to the Cabinet5 without need of confir!ation b" the Co!!ission on Appoint!entsG and the Secretar" of &ustice is an e2 o##icio !e!ber of the &udicial and Bar Council. B. E@Hofficio2:3 capacit) 91CC1 Bar Question: 'he prohibition !ust not be construed as appl"in/ to posts occupied b" the E7ecutive officials without additional co!pensation in an e2Bo##icio capacit" as provided b" law and as re<uired b" the pri!ar" functions of the said official@s office. 'he reason is that the posts do not co!prise Aan" other officeB within the conte!plation of the constitutional prohibition5 but properl" an i!position of additional duties and functions on said officials. 'o illustrate5 the Secretar" of 'ransportation and Co!!unications is the e2 o##icio Chir!an of the Board of Philippine Ports Authorit". 'he e2 o##icio position bein/ actuall" and in le/al conte!plation part of the principal office5 it follows that the official concerned has no ri/ht to receive additional co!pensation for his services in said position. 'he reason is that these services are alread" paid for and covered b" the co!pensation attached to the principal office. 9Dational A!nest" Co!!ission v. CJA5 1CC6: :. P(o#i ite! E&plo)&ent Since the Chief Presidential Le/al Counsel has the dut" of /ivin/ independent and i!partial le/al advice on the actions of the heads of various e7ecutive depart!ents and a/encies and to review investi/ations involvin/ other presidential appointees5 he !a" not occup" a position in an" of the offices whose perfor!ance he !ust review. $t would involve occup"in/ inco!patible positions. 'hus he cannot be Chair!an at the sa!e ti!e of
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An e.7oficio position is one which an official holds but is germane to the nature of the original position. 0t is b- virtue of the original position that he holds the latter, therefore such is constitutional.
Public .nterest Group v Elma! @. =. :o. 1&2$+%, 1une &#, 2##+. 2+& 6itonio v. COA! @.=. :o. 14/&$2, 4arch 12, 2##4.
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,ernas Primer at 22$ (2##+ ed.* !inco, Philippine Political "aw, p.24# (1$%4 ed.*
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA at noon on the thirtieth da" of &une ne7t followin/ the da" of the election and shall end at noon of the sa!e date si7 "ears thereafter. 'he President shall not be eli/ible for an" reelection. Do person who has succeeded as President and has served as such for !ore than four "ears shall be <ualified for election to the sa!e office at an" ti!e.
Do ViceEPresident shall serve for !ore than two successive ter!s. Voluntar" renunciation of the office for an" len/th of ti!e shall not be considered as an interruption in the continuit" of the service for the full ter! for which he was elected.
6. At least 6C "ears of a/e o the da" of the election 8. A resident of the Philippines for at least (C "ears i!!ediatel" precedin/ the election. 2. Reason fo( .ualifications Qualifications are prescribed for public office to ensure the proper perfor!ance of powers and duties.1>> G. .ualifications a(e e@clusi"e 'he above <ualifications are e7clusive and !a" not be reduced or increased b" Con/ress. 'he applicable rule of interpretation is e2pression unius est e2clusio alterius.1>+ A. Natu(al Bo(n Jne who is a citi0en of the Philippines fro! birth without havin/ to perfor! an" act to ac<uire or perfect his Philippine citi0enship. 9Article $V5 Section 1: An ille/iti!ate child of an A!erican !other and a -ilipino father is a natural born -ilipino citi0en if paternit" is clearl" proved. #ence such person would be <ualified to run for President. 'his was the case of -ernando Poe5 &r. 9'ecson v. CJ;ELEC: B. Re*iste(e! Vote( Possession of the <ualifications for suffra/e as enu!erated in Article V5 Section (. :. A*e 'he a/e <ualification !ust be possessed Aon the da" of the election for PresidentB that is5 on the da" set b" law on which the votes are cast.1>* 8. Resi!ence .ualification 'he ob3ect bein/ to ensure close touch b" the President with the countr" of which he is to be the hi/hest official and fa!iliarit" with its conditions and proble!s5 the better for hi! to dischar/e his duties effectivel".1>) C. Election 9egular 1lection Special 1lection Congress as Can assing 8oard ,ho will be +roclaimed +residential 1lectoral !ribunal Section A. 'he President and the ViceE President shall be elected b" direct vote of the people for a ter! of si7 "ears which shall be/in
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4nless otherwise provided b" law5 the re/ular election for President and ViceEPresident shall be held on the second ;onda" of ;a". 'he returns of ever" election for President and ViceEPresident5 dul" certified b" the board of canvassers of each province or cit"5 shall be trans!itted to the Con/ress5 directed to the President of the Senate. 4pon receipt of the certificates of canvass5 the President of the Senate shall5 not later than thirt" da"s after the da" of the election5 open all the certificates in the presence of the Senate and the #ouse of ,epresentatives in 3oint public session5 and the Con/ress5 upon deter!ination of the authenticit" and due e7ecution thereof in the !anner provided b" law5 canvass the votes. 'he person havin/ the hi/hest nu!ber of votes shall be proclai!ed elected5 but in case two or !ore shall have an e<ual and hi/hest nu!ber of votes5 one of the! shall forthwith be chosen b" the vote of a !a3orit" of all the ;e!bers of both #ouses of the Con/ress5 votin/ separatel". 'he Con/ress shall pro!ul/ate its rules for the canvassin/ of the certificates. 'he Supre!e Court5 sittin/ en banc5 shall be the sole 3ud/e of all contests relatin/ to the election5 returns5 and <ualifications of the President or ViceEPresident5 and !a" pro!ul/ate its rules for the purpose. 3. Re*ula( Election 'he President 9and ViceEPresident: shall be elected b" !i(ect "ote of the people. 4nless otherwise provided b" law5 the re/ular election for President 9and ViceEPresident: shall be held on the secon! Mon!a) of Ma). 2. Special Election 9:iscussed under Section 'G/ G. Con*(ess as Can"assin* Boa(! 'he returns of ever" election for President and ViceEPresident5 dul" certified b" the board of canvassers of each province or cit"5 shall be trans!itted to the Con/ress5 directed to the President of the Senate. 4pon receipt of the certificates of canvass5 the President of the Senate shall5 not later than thirt" da"s after the da" of the
Cru), Philippine Political "aw, p. 1/4 (1$$% ed*. Cru), Philippine Political "aw, p. 1/4 (1$$% ed*. ,ernas Commentar-, p 2#$ (2##& ed*. Cru), Philippine Political "aw, p. 1/% (1$$% ed*.
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FRATERNAL ORDER
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OF
UTOPIA
ARIS S. MANGUERA Con/ress !a" continue the canvass even after the final ad3ourn!ent of its session. 'he final ad3ourn!ent of Con/ress does not ter!inate an unfinished presidential canvass. Ad3ourn!ent ter!inates le/islation but not the nonHle*islati"e functions of Con*(ess suc# as can"assin* of "otes. 9Pi!entel v. &oint Co!!ittee of Con/ress5 1CC6: A. W#o will e p(oclai&e! 'he person havin/ the hi/hest nu!ber of votes shall be proclai!ed elected5 but in case two or !ore shall have an e<ual and hi/hest nu!ber of votes5 one of the! shall forthwith be chosen b" the vote of a !a3orit" of all the ;e!bers of both #ouses of the Con/ress5 votin/ separatel". B. P(esi!ential Electo(al T(i unal
election5 open all the certificates in the presence of the Senate and the #ouse of ,epresentatives in +oint pu lic session5 and t#e Con*(ess' upon !ete(&ination of t#e aut#enticit) an! !ue e@ecution t#e(eof in t#e &anne( p(o"i!e! ) law' canvass t#e "otes. 'he Con/ress shall pro!ul/ate its rules for the canvassin/ of the certificates. Is t#e function of Con*(ess &e(el) &iniste(ial, 8ernas: 'he function of Con/ress is not !erel" !inisterial. $t has authorit" to e7a!ine the certificates of canvass for authenticit" and due e7ecution. -or this purpose5 Con/ress !ust pass a law /overnin/ their canvassin/ of votes.1+C Cru=: As the canvass is re/arded !erel" as a !inisterial function5 the Con/ress shall not have the power to in<uire into or decide <uestions of alle/ed irre/ularities in the conduct of the election contest. Dor!all"5 as lon/ as the election returns are dul" certified and appear to be authentic5 the Con/ress shall have no dut" but to canvass the sa!e and to proclai! as elected the person receivin/ the hi/hest nu!ber of votes.1+( ;ustice Carpio Morales: 'his dut" has been characteri0ed as bein/ !inisterial and e7ecutive.E*E Vali!it) of 4oint Con*(essional Co&&ittee. Con/ress !a" validl" dele/ate the initial deter!ination of the authenticit" and due e7ecution of the certificates of canvass to a &oint Con/ressional Co!!ittee so lon/ as the decisions and final report of the said Co!!ittee shall be sub3ect to the approval of the 3oint session of Both #ouses of Con/ress votin/ separatel". 9Lope0 v. Senate5 1CC6: COMELEC. 'here is no constitutional or statutor" basis for CJ;ELEC to underta.e a separate and AunofficialB tabulation of result whether !anuall" or electronicall". $f Co!elec is proscribed fro! conductin/ an official canvass of the votes cast for the President and ViceE President5 the Co!elec is5 with !ore reason5 prohibited fro! !a.in/ an AunofficialB canvass of said votes. 9Brilantes v. Co!elec5 1CC6: 'he procla!ation of presidential and viceE presidential winners is a function of Con/ress and not of Co!elec 9;acalintal v. CJ;ELEC:
'he Supre!e Court5 sittin/ en banc5 shall be the sole +u!*e of all contests relatin/ to the election, returns, and %uali#ications of the President or ViceEPresident5 and !a" pro!ul/ate its rules for the purpose.
Q= Can Susan ,oces5 widow of -ernando Poe. &r5 intervene and%or substitute for hi!5 assu!in/ ar/uendo that the protest could survive his deathR A= Do. 'he funda!ental rule applicable in a presidential election protest is ,ule (6 of the PE' ,ules. $t provides that onl" the 1nd and 2rd placer !a" contest the election. 'he ,ule effectivel" e7cludes the widow of a losin/ candidate.1+2 9-ernando Poe v. Arro"o: 'he validit"5 authenticit" and correctness of the SJVs and CJCs are under the 'ribunal@s 3urisdiction. 'he constitutional function as well as the power and the dut" to be the sole 3ud/e of all contests relatin/ to election5 returns and <ualification of President and ViceEPresident is e7pressl" vested in the PE' in Section 6 Article V$$ of the Constitution. $ncluded therein is the dut" to correct !anifest errors in the SJVs and CJCs. 9Le/arda v. De Castro5 1CC8: Q= After -idel ,a!os was declared President5 defeated candidate ;iria! Defensor Santia/o filed an election protest with the SC. Subse<uentl"5 while the case is pendin/5 she ran for the office of Senator and5 havin/ been declared elected5 assu!ed office as Senator. hat happens to her election protestR A= #er protest is dee!ed abandoned with her election and assu!ption of office as Senator. 9Defensor Santia/o v. ,a!os: D. Te(& of Office
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,ernas Primer at 2$& (2##+ ed.* Cru), Philippine Political "aw, p. 1/+ (1$$% ed*. 2/2 !eparate ;pinion of 1ustice Carpio 4orales in Pimentel v. 'oint Committee (1une 22, 2##4* citing Lope& v. $o as, 1/ !C=A /%+, /+$ (1$++*
7ernando Poe! 8r. v. Arroyo! P.9.'. CA!9 :o. ##2. 4arch 2$, 2##%. >)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Section :. 'he President shall have an official residence. 'he salaries of the President and ViceEPresident shall be deter!ined b" law and shall not be decreased durin/ their tenure. Do increase in said co!pensation shall ta.e effect until after the e7piration of the ter! of the incu!bent durin/ which such increase was approved. 'he" shall not receive durin/ their tenure an" other e!olu!ent fro! the Govern!ent or an" other source. 3. Official Resi!ence 'he President shall have an official residence. 2. Sala() 'he salaries of the President and ViceEPresident shall be deter!ined b" law and shall not be decreased durin/ their tenure. 'he initial salar" of the President is 2CC5CC per "ear. 9Article SV$$$ Section (+: No inc(ease !u(in* t#ei( term. Do increase in said co!pensation shall ta.e effect until after the e7piration of the ter! of the incu!bent durin/ which such increase was approved. No a!!itional e&olu&ent !u(in* t#ei( tenure& 'he" shall not receive durin/ their tenure an" other e!olu!ent fro! the Govern!ent or an" other source. G. I&&unit) f(o& Suit 9:iscussed under Section ' NI(1/O/ /. P(o#i itions1In#i itions
Section 3G. 'he President5 ViceEPresident5 the ;e!bers of the Cabinet5 and their deputies or assistants shall not5 unless otherwise provided in this Constitution5 hold an" other office or e!plo"!ent durin/ their tenure. 'he" shall not5 durin/ said tenure5 directl" or indirectl"5 practice an" other profession5 participate in an" business5 or be financiall" interested in an" contract with5 or in an" franchise5 or special privile/e /ranted b" the Govern!ent or an" subdivision5 a/enc"5 or instru!entalit" thereof5 includin/ /overn!entEowned or controlled corporations or their subsidiaries. 'he" shall strictl" avoid conflict of interest in the conduct of their office. 'he spouse and relatives b" consan/uinit" or affinit" within the fourth civil de/ree of the President shall not durin/ his tenure be appointed as ;e!bers of the Constitutional Co!!issions5 or the Jffice of the J!buds!an5 or a Secretaries5 4ndersecretaries5 chair!en or heads of bureaus or offices5 includin/ /overn!entEowned or controlled corporations and their subsidiaries.
: )ea(s. 'he President 9and the ViceEPresident: shall be elected b" direct vote of the people for a ter! of si7 "ears. Noon of 4une GJ.'er! hall be/in at noon on the thirtieth da" of &une ne7t followin/ the da" of the election and shall end at noon of the sa!e date si7 "ears thereafter. No (eHelection. 'he President shall not be eli/ible for an" reelection. Do person who has succeeded as President and has served as such for !ore than four "ears shall be <ualified for election to the sa!e office at an" ti!e. Reason fo( p(o#i ition on an) (eelection fo( P(esi!enc). $t was thou/ht that the eli!ination of the prospect of reelection would !a.e for a !ore independent President capable of !a.in/ correct even unpopular decisions.1+6 #e is e7pected to devote his attention durin/ his lone ter! to the proper dischar/e of his office instead of usin/ its per<uisites to ensure his re!ainin/ therein for another ter!.1+8 E. Oat# of Office Section B. Before the" enter on the e7ecution of their office5 the President5 the ViceEPresident5 or the Actin/ President shall ta.e the followin/ oath or affir!ation= AI do solemnly swear (or a##irm/ that I will #aith#ully and conscientiously #ul#ill my duties as +resident (or <iceB +resident or Acting +resident/ o# the +hilippines, preser e and de#end its Constitution, e2ecute its laws, do ?ustice to e ery man, and consecrate mysel# to the ser ice o# the 0ation. So help me 6od.B 9$n case of affir!ation5 last sentence will be o!itted.: Oat#. 'he oath is not a source of substantive power but is !erel" intended to deepen the sense of responsibilit" of the President and ensure a !ore conscientious dischar/e of his office.1+> -. P(i"ile*es (. Jfficial ,esidence 1. Salar" 2. $!!unit" fro! suit
P(o#i itions%
2/4
2/%
,ernas Commentar-, p 212 (2##& ed*. Cru), Philippine Political "aw, p. 1// (1$$% ed*. 2/+ Cru), Philippine Political "aw, p. 12& (1$$% ed*.
1.
co!pensation
Shall not receive increase durin/ the ter! of the
+C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA practice of Cabinet !e!bers occup"in/ seats in the boards of directors of affluent corporations owned or controlled b" the /overn!ent fro! which the" derived substantial inco!e in addition to their re/ular salaries. 'he second para/raph of Section (2 is intended as a /uarantee a/ainst nepotis!.1+) 0. Vacanc)
Section 8. 'he PresidentEelect and the ViceEPresidentE elect shall assu!e office at the be/innin/ of their ter!s. $f the PresidentEelect fails to <ualif"5 the ViceE PresidentEelect shall act as President until the PresidentEelect shall have <ualified. $f a President shall not have been chosen5 the ViceE PresidentEelect shall act as President until a President shall have been chosen and <ualified. $f at the be/innin/ of the ter! of the President5 the PresidentEelect shall have died or shall have beco!e per!anentl" disabled5 the ViceEPresidentEelect shall beco!e President. here no President and ViceEPresident shall have been chosen or shall have <ualified5 or where both shall have died or beco!e per!anentl" disabled5 the President of the Senate or5 in case of his inabilit"5 the Spea.er of the #ouse of ,epresentatives shall act as President until a President or a ViceEPresident shall have been chosen and <ualified. 'he Con/ress shall5 b" law5 provide for the !anner in which one who is to act as President shall be selected until a President or a ViceEPresident shall have <ualified5 in case of death5 per!anent disabilit"5 or inabilit" of the officials !entioned in the ne7t precedin/ para/raph. Section 7. $n case of death5 per!anent disabilit"5 re!oval fro! office5 or resi/nation of the President5 the ViceEPresident shall beco!e the President to serve the une7pired ter!. $n case of death5 per!anent disabilit"5 re!oval fro! office5 or resi/nation of both the President and ViceEPresident5 the President of the Senate or5 in case of his inabilit"5 the Spea.er of the #ouse of ,epresentatives5 shall then act as President until the President or ViceEPresident shall have been elected and <ualified. 'he Con/ress shall5 b" law5 provide who shall serve as President in case of death5 per!anent disabilit"5 or resi/nation of the Actin/ President. #e shall serve until the President or the ViceEPresident shall have been elected and <ualified5 and be sub3ect to the sa!e restrictions of powers and dis<ualifications as the Actin/ President. Section 3J. 'he Con/ress shall5 at ten o@cloc. in the !ornin/ of the third da" after the vacanc" in the offices of the President and ViceEPresident occurs5 convene in accordance with its rules without need of a call and within seven da"s enact a law callin/ for a special election to elect a President and a ViceEPresident to be held not earlier than fort"Efive da"s nor later than si7t" da"s fro! the ti!e of such call. 'he bill callin/ such special election shall be dee!ed certified under para/raph 15 Section 1>5 Article V$ of this Constitution and shall beco!e law upon its approval on third
2/$
incu!bent durin/ which such increase was approved. 9sec >: 2. Shall not receive an" other e!olu!ents fro! the /overn!ent or an" other source durin/ their tenure. 9sec >: 2. 4nless otherwise provided in the Constitution5 shall not hold an" other e!plo"!ent durin/ their tenure. 4. Shall not directl" or indirectl" practice an" other profession5 participate in an" business5 or be financiall" interested in an" contract with5 or in an" franchise or special privile/e /ranted b" the /overn!ent or an" subdivision5 a/enc"5 or instru!entalit" thereof5 includin/ /overn!entEowned or controlled corporations or their subsidiaries durin/ their tenure. %. Strictl" avoid conflict of interest in the conduct of their office durin/ their tenure. >. ;a" not appoint spouse or relatives b" consan/uinit" or affinit" within the fourth civil de/ree as ;e!ber of Constitutional Co!!issions or the Jffice of the J!buds!an5 or as Secretaries5 4nder Secretaries5 chair!en or heads of bureaus or offices5 includin/ /overn!entEowned or controlled corporations and their subsidiaries. 0ote: 0os. 'BH abo e applies to the +resident. 'B5 applies to the <iceB+resident. 4B5 applies to Members o# Cabinet, their deputies or assistants. P(o#i ition a*ainst inc(ease of co&pensation !u(in* tenu(e. 'he prohibition a/ainst the chan/e of their salar" either b" reduction or increase durin/ their ter! is !eant to prevent the le/islature fro! Awea.enin/ the fortitude b" appealin/ to their avarice or corruptin/ their inte/rit" b" operatin/ on their necessities. 1++ E&olu&ents. 'he e!olu!ents which the" !a" not receive durin/ their tenure fro! the /overn!ent or an" other source 9that is5 private: refers to an" co!pensation received for services rendered or for! possession of an office. 'his !eans that the President cannot accept other e!plo"!ent elsewhere5 whether in the /overn!ent or in the private sector5 and !ust confine hi!self to the duties of his office.1+* Reason fo( In#i itions un!e( Section 3G. 'he inhibitions are in line with the principle that a public office is a public trust and should not be abused for personal advanta/e. Jfficers !ention under Section (2 9e7cept the VP who !a" be appointed to the Cabinet: are inhibited fro! holdin/ an" other office or e!plo"!ent in the /overn!ent durin/ their tenure. 'his will discontinue the lucrative
2// 2/2
Cru), Philippine Political "aw, p. 12& (1$$% ed*. Cru), Philippine Political "aw, p. 12& (1$$% ed*.
Cru), Philippine Political "aw, p. 12% (1$$% ed*.
+(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
dies or is per!anentl" incapacitated before the be/innin/ of his ter! 6. hen both the President and ViceEPresident have not "et been chosen or have failed to <ualif" 8. hen both shall have died or beco!e per!anentl" incapacitated at the start of the ter!. >. hen the Senate President and the Spea.er of the #ouse shall have died or shall have beco!e per!anentl" incapacitated5 or are unable to assu!e office.
readin/ b" the Con/ress. Appropriations for the special election shall be char/ed a/ainst an" current appropriations and shall be e7e!pt fro! the re<uire!ents of para/raph 65 Section 185 Article V$ of this Constitution. 'he convenin/ of the Con/ress cannot be suspended nor the special election postponed. Do special election shall be called if the vacanc" occurs within ei/hteen !onths before the date of the ne7t presidential election.
beco!es President 'he Senate President or the Spea.erE in that orderE acts as President until a President or ViceE President <ualifies.
Vacanc) Situations% (. Vacanc" that occurs at the start of the ter! 9Sec +: 1. Vacanc" that occurs in !idEter! 9Sec *: 2. Vacanc" in both the presidenc" and viceEpresidenc". 9Section (C: Vacanc) Situations un!e( Section 8% (!he acancy situations here occur a#ter the o##ice has been initially #illed./ (. hen a President has been chosen but fails to <ualif" at the be/innin/ of his ter! 1. hen no President has "et been chosen at the ti!e he is supposed to assu!e office. 2. hen the PresidentEelect dies or is per!anentl" incapacitated before the be/innin/ of his ter! 6. hen both the President and ViceE President have not "et been chosen or have failed to <ualif" 8. hen both shall have died or beco!e per!anentl" incapacitated at the start of the ter!. +. hen the Senate President and the Spea.er of the #ouse shall have died or shall have beco!e per!anentl" incapacitated5 or are unable to assu!e office. Vacanc) Situation un!e( Section 7 9<acancy that occurs in midBterm/ (. hen the incu!bent President dies or is per!anentl" disabled5 is re!oved or resi/ns. 1. hen both the President and the ViceE President die5 or are per!anentl" disabled5 are re!oved5 or resi/n. 2. hen the Actin/ President dies5 or is per!anentl" incapacitated5 is re!oved or resi/ns. I. Rules of Succession Section 8 Reason fo( Vacanc)
(. hen a President has been chosen but fails to <ualif" at the be/innin/ of his ter! 1. hen no President has "et been chosen at the ti!e he is supposed to assu!e office. 2. hen the PresidentEelect
Con/ress will decide b" law who will act as President until a President or ViceEPresident shall have been elected and <ualified. Succession 'he vacanc" created is thus per!anent. 'he ViceE President beco!es President. 'he Senate President or the Spea.erEin that orderE shall act as President until a President of ViceE President shall have been <ualified. Con/ress will deter!ine b" law who will act as President until a new President or ViceE President shall have <ualified.
Section 7 Reason fo( Vacanc)

(. hen the incu!bent President dies or is per!anentl" disabled5 is re!oved or resi/ns. 1. hen both the President and the ViceEPresident die5 or are per!anentl" disabled5 are re!oved5 or resi/n.
2. hen the Actin/ President dies5 or is per!anentl" incapacitated5 is re!oved or resi/ns.
Resi*nation. $n 1strada . MacapagalBArroyo5 the SC throu/h &ustice Puno 9&ain opinion: declared that the resi/nation of President Estrada could not be doubted as confir!ed b" his leavin/ ;alacanan/. 'he SC declared that the ele!ents of a valid resi/nation are 9(: intent to resi/nG and 91: act of relin<uish!ent. Both were present when President Estrada left the Palace. &ustice Puno anchored his opinion !ainl" on the letter of Estrada and on the diar" of ES Ed/ardo An/ara. Pe(&anent Disa ilit). $n 1strada . MacapagalB Arroyo5 &ustice Bellosillo anchored his concurrence on per!anent disabilit". #e opined that per!anent disabilit" as conte!plated b" the Constitution does not refer onl" to ph"sical or !ental incapacit"5 but !ust li.ewise cover other #orms o# incapacities o# a permanent nature, e./. functional !isa%ilit'& #e views Estrada@s disabilit" in 9a: ob3ective and 9b: sub3ective perspectives. 3b?ecti e Approach. A ithout people5 an effectivel" functionin/ cabinet5 the !ilitar" and the police5 with no reco/nition fro! Con/ress and the international co!!unit"5 HEstradaI had absolutel" no support
Succession 'he ViceEPresident beco!es actin/ President until a President <ualifies
ViceEPresident
elect
+1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA No special elections. Do special election shall be called if the vacanc" occurs within ei/hteen !onths before the date of the ne7t presidential election. 4. Te&po(a() Disa ilit)
Section 33. henever the President trans!its to the President of the Senate and the Spea.er of the #ouse of ,epresentatives his written declaration that he is unable to dischar/e the powers and duties of his office5 and until he trans!its to the! a written declaration to the contrar"5 such powers and duties shall be dischar/ed b" the ViceEPresident as Actin/ President. henever a !a3orit" of all the ;e!bers of the Cabinet trans!it to the President of the Senate and to the Spea.er of the #ouse of ,epresentatives their written declaration that the President is unable to dischar/e the powers and duties of his office5 the ViceEPresident shall i!!ediatel" assu!e the powers and duties of the office as Actin/ President. 'hereafter5 when the President trans!its to the President of the Senate and to the Spea.er of the #ouse of ,epresentatives his written declaration that no inabilit" e7ists5 he shall reassu!e the powers and duties of his office. ;eanwhile5 should a !a3orit" of all the ;e!bers of the Cabinet trans!it within five da"s to the President of the Senate and to the Spea.er of the #ouse of ,epresentatives their written declaration that the President is unable to dischar/e the powers and duties of his office5 the Con/ress shall decide the issue. -or that purpose5 the Con/ress shall convene5 if it is not in session5 within fort"Eei/ht hours5 in accordance with its rules and without need of call. $f the Con/ress5 within ten da"s after receipt of the last written declaration5 or5 if not in session5 within twelve da"s after it is re<uired to asse!ble5 deter!ines b" a twoEthirds vote of both #ouses5 votin/ separatel"5 that the President is unable to dischar/e the powers and duties of his office5 the ViceE President shall act as PresidentG otherwise5 the President shall continue e7ercisin/ the powers and duties of his office.
fro! and control of the bureaucrac" fro! within and fro! without. $n fact he had no !ore functionin/ /overn!ent to spea. of. $t is in this conte7t that HEstradaI was dee!ed absolutel" unable to e7ercise or dischar/e the powers5 duties and prero/atives of the Presidenc". Sub?ecti e Approach. HEstrada@sI conte!poraneous acts and state!ents durin/ and after the critical episode are elo<uent proofs of his i!pliedEbut nevertheless une<uivocalEac.nowled/!ent of the per!anence of his disabilit". Co&&ent on Est(a!a ". Macapa*alHA((o)o 8ernas: $n su!5 2 3ustices 9Puno5 Vitu/ and Pardo: accepted so!e for! of resi/nationG 1 3sutices 9;endo0a and Bellosillo: saw per!anent disabilit"G 2 3ustices 9Mapuna5 Tners Santia/o and SandovalE Gutierre0: accepted the presidenc" of Arro"o as an irreversible fact. 8 3ustices 9Quisu!bin/5 ;elo5 Buena5 De Leon and /on0a/aE,e"es: si/ned the decision without e7pressin/ an" opinion. Davide and Pan/aniban abstained. $n the li/ht of all this5 it is not clea( w#at !oct(ine was esta lis#e! ) t#e !ecision.1*C hen the Senate President or Spea.er beco!es Actin/ President5 he does not lose the Senate presidenc" or the spea.ership.1*( Section 3J Call not nee!e!. 'he Con/ress shall5 at ten o@cloc. in the !ornin/ of the third da" after the vacanc" in the offices of the President and ViceE President occurs5 convene in accordance with its rules without need of a call and within seven da"s enact a law callin/ for a special election to elect a President and a ViceEPresident to be held not earlier than fort"Efive da"s nor later than si7t" da"s fro! the ti!e of such call. Bill !ee&e! ce(tifie!. 'he bill callin/ such special election shall be dee!ed certified under para/raph 15 Section 1>5 Article V( of this Constitution and shall beco!e law upon its approval on third readin/ b" the Con/ress. App(op(iations. Appropriations for the special election shall be char/ed a/ainst an" current appropriations and shall be e7e!pt fro! the re<uire!ents of para/raph 65 Section 185 Article V( of this Constitution. No suspension o( postpone&ent. 'he convenin/ of the Con/ress cannot be suspended nor the special election postponed.
5. Se(ious Illness
Section (1. $n case of serious illness of the President5 the public shall be infor!ed of the state of his health. 'he !e!bers of the Cabinet in char/e of national securit" and forei/n relations and the Chief of Staff of the Ar!ed -orces of the Philippines5 shall not be denied access to the President durin/ such illness.
Section (1 envisions not 3ust illness which incapacitates but also an" serious illness which can be a !atter of national concern.1*1 Reason fo( info(&in* t#e pu lic. 'o /uarantee the people@s ri/ht to .now about the state of President@s health5 contrar" to secretive practice in totalitarian re/i!es.1*2 W#o #as t#e !ut) to info(&, 'he section does not specif" the officer on who! the dut" devolves.
22# 221
,ernas Commentar-, p 22/ (2##& ed*. ,ernas Primer at 2$2 (2##+ ed.*
222
22&
,ernas Primer at &## (2##+ ed.* ,ernas Commentar-, p 2&2 (2##& ed*.
+2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
$t is understood that the Jffice of the President would be responsible for !a.in/ the disclosure. Reason of t#e access. 'o allow the President to !a.e the i!portant decisions in those areas of /overn!ent.1*6 L. Re&o"al f(o& Office Wa)s of (e&o"al f(o& office% (. B" $!peach!ent 1. B" People Power &. B" Millin/ the Assassination:1*8
D. P(o#i itions an! In#i itions
1.
President
9e./.
(:umber 2 is e.tra constitutional and :umber & is illegal. Masm*. (,ut for purposes of e.aminations, answer number 1 onl-*
(Impeachment will be discussed under Article CI/ III. T#e ViceH P(esi!ent Who is the Vice;Presi!ent Aualifications- Election- ,erm of Office Oath of Office Prohi%itions@Inhi%itions Vacanc' Removal from Office Appointment to Ca%inet A. W#o is t#e ViceHP(esi!ent #is function is to be on hand to act as President when needed or to succeed to the presidenc" in case of a per!anent vacanc" in the office. 'he President !a" also appoint hi! as a ;e!ber of the Cabinet. Such appoint!ent does not need the consent of the Co!!ission on Appoint!ents.1*> B. .ualifications' Election' Te(& of Office Section G. 'here shall be a ViceEPresident who shall have the sa!e <ualifications and ter! of office and be elected with and in the sa!e !anner as the President. 777 Do ViceEPresident shall serve for !ore than two successive ter!s. Voluntar" renunciation of the office for an" len/th of ti!e shall not be considered as an interruption in the continuit" of the service for the full ter! for which he was elected. 9Section 6: C. Oat# of Office Sa!e as the President. See Section 8.
224
22%
Shall not receive increase co!pensation durin/ the ter! of the incu!bent durin/ which such increase was approved. 9sec >: 1. Shall not receive an" other e!olu!ents fro! the /overn!ent or an" other source durin/ their tenure. 9sec >: 2. 4nless otherwise provided in the Constitution5 shall not hold an" other e!plo"!ent durin/ their tenure. 6. Shall not directl" or indirectl" practice an" other profession5 participate in an" business5 or be financiall" interested in an" contract with5 or in an" franchise or special privile/e /ranted b" the /overn!ent or an" subdivision5 a/enc"5 or instru!entalit" thereof5 includin/ /overn!entEowned or controlled corporations or their subsidiaries durin/ their tenure. 8. Strictl" avoid conflict of interest in the conduct of their office durin/ their tenure. 9Section (2: E. Vacanc) in t#e ViceHP(esi!enc)
Section 6. henever there is a vacanc" in the Jffice of the ViceEPresident durin/ the ter! for which he was elected5 the President shall no!inate a ViceEPresident fro! a!on/ the ;e!bers of the Senate and the #ouse of ,epresentatives who shall assu!e office upon confir!ation b" a !a3orit" vote of all the ;e!bers of both #ouses of the Con/ress5 votin/ separatel".
-. Re&o"al f(o& Office #e !a" be re!oved fro! office in the sa!e !anner as the President. 9Section 2: -. Appoint&ent to Ca inet 'he ViceEPresident !a" be appointed as a ;e!ber of the Cabinet. Such appoint!ent re<uires no confir!ation. 9Section 2: &ustice Cru0 sub!its that the ViceEPresident !a" not receive additional co!pensation as !e!ber of Cabinet because of the absolute prohibition in Section 2 of Article V$$.1*+
IV. POWERS O- T0E PRESIDENT Constitutional Powe(s of t#e P(esi!ent (. E7ecutive Power 1. Power of Appoint!ent 2. Power of Control
22/
,ernas Commentar-, p 2&2 (2##& ed*. :umber 2 is e.tra constitutional and :umber & is illegal. 7asm ,ernas Primer at 2$1 (2##+ ed.*
22+
Cru), Philippine Political "aw, p. 12& (1$$% ed*.
+6
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA an individual who is to e7ercise the functions of a /iven office.1** $t is distin/uished fro! !esi#nation in that the latter si!pl" !eans the i!position of additional duties5 usuall" b" law5 on a person alread" in the public service. $t is also different fro! the commission in that the latter is the written evidence of the appoint!ent. B. Natu(e of Powe( of Appoint&ent (. E7ecutive in Dature 1. DonEdele/abilit" 2. Decessit" of Discretion 3. E@ecuti"e in Natu(e Appointin/ power is e7ecutive in nature. 9Govern!ent v. Sprin/er: $ndeed5 the fillin/ up of an office created b" law is the i!ple!entation or e7ecution of law.1*) Althou/h5 intrinsicall" e7ecutive and therefore pertainin/ !ainl" to the President5 the appointin/ power !a" be e7ercised b" the le/islature and b" the 3udiciar"5 as well as the Constitutional Co!!issions5 over their own respective personnel 9See art > sec (> 9last sentence:5 Article V$$$ etc.: I&plication. Since appoint!ent to office is an e7ecutive function5 the clear i!plication is that the le/islature !a" not usurp such function. 'he le/islature !a" create an office and prescribe the <ualifications of the person who !a" hold the office5 but it !a" neither specif" who shall be appointed to such office nor actuall" appoint hi!.1)C 2. NonH!ele*a ilit).
+acts= 'he ;inister of 'ouris! desi/nate petitioner as /eneral !ana/er of the Philippine 'ouris! Authorit". hen a new Secretar" of 'ouris! was appointed5 the President desi/nated Hhi!I as a /eneral !ana/er of the P'A on the /round that the desi/nation of petitioner was invalid since it is not !ade b" the President as provided for in PD 8>6. Petitioner clai!ed that his re!oval was without 3ust cause. Hel!= 'he appoint!ent or desi/nation of petitioner b" the ;inister of 'ouris! is invalid. $t involves the e7ercise of discretion5 which cannot be dele/ated. Even if it be assu!ed that the power could be e7ercised b" the ;inister of 'ouris!5 it could be recalled b" the President5 for the desi/nation was provisional.1)( 9Bina!ira v. Garrucho:
6. 8. >. +. *. ). (C.
;ilitar" Powers Pardonin/ Power Borrowin/ Power Diplo!atic Power Bud/etar" Power $nfor!in/ Power Jther Powers a. Call Con/ress to a Special Session 9art >5 sec (8: b. Power to approve or veto bills 9art > sec 1+: c. 'o consent to deputation of /overn!ent personnel b" the Co!!ission on Elections 9art ()EC sec 196:: d. 'o discipline such deputies 9art ()EC sec 19*:: e. E!er/enc" powers b" dele/ation fro! Con/ress 9art > sec 1291:: f. 'ariff Powers b" dele/ation fro! Con/ress 9art > sec 1*91:: /. General Supervision over local /overn!ents and autono!ous re/ional /overn!ents 9art (C: V. Powe( of Appoint&ent
Definition of Appointment Nature of Po er of Appointment Classification of Appointment :in!s of Presi!ential Appointment Scope of Appointin# Po er Appointments nee!in# Confirmation of CA Officials Who are to %e Appointe! %' the Presi!ent Steps in the Appointin# Process Appointment of Officers .o er in Ran( .imitations on the Presi!entBs Appointin# po er Po er of Removal
Section 3:. 'he President shall no!inate and5 with the consent of the Co!!ission on Appoint!ents5 appoint the heads of the e7ecutive depart!ents5 a!bassadors5 other public !inisters and consuls5 or officers of the ar!ed forces fro! the ran. of colonel or naval captain5 and other officers whose appoint!ents are vested in hi! in this Constitution. #e shall also appoint all other officers of the Govern!ent whose appoint!ents are not otherwise provided for b" law5 and those who! he !a" be authori0ed b" law to appoint. 'he Con/ress !a"5 b" law5 vest the appoint!ent of other officers lower in ran. in the President alone5 in the courts5 or in the heads of depart!ents5 a/encies5 co!!issions5 or boards. 'he President shall have the power to !a.e appoint!ents durin/ the recess of the Con/ress5 whether voluntar" or co!pulsor"5 but such appoint!ents shall be effective onl" until disapproval b" the Co!!ission on Appoint!ents or until the ne7t ad3ourn!ent of the Con/ress.
G. Necessit) of Disc(etion Discretion is an indispensable part in the e7ercise of power of appoint!ent. Con/ress !a" not5 therefore5 enact a statute which would deprive the President of the full use of his discretion in the no!ination and appoint!ent of persons to an" public office. 'hus it has been held that a statute
222 22$
A. Definition of Appoint&ent Definition of Appoint&ent. Appoint!ent is the selection5 b" the authorit" vested with the power5 of
Cru), Philippine Political "aw, p. 12$ (1$$% ed*. ,ernas Commentar-, p 2&$ (2##& ed*.
2$#
,ernas Primer at &#% (2##+ ed.* 2$1 1acinto 1imene), Political "aw Compendium, p.&1& (2##+ ed.*
+8
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Per!anent appoint!ents are those e7tended to persons possessin/ eli/ibilit" and are thus protected b" the constitutional /uarantee of securit" of tenure. 1)+ 2. Te&po(a() 91CC2 Bar Question: 'e!porar" appoint!ents are /iven to persons without such eli/ibilit"5 revocable at will and without the necessit" of 3ust cause or a valid investi/ation1)*G !ade on the understandin/ that the appointin/ power has not "et decided on a per!anent appointee and that the te!porar" appointee !a" be replaced at an" ti!e a per!anent choice is !ade. Not su +ect to CA confi(&ation. A te!porar" appoint!ent and a desi/nation are not sub3ect to confir!ation b" the Co!!ission on Appoint!ents. Such confir!ation5 if /iven erroneousl"5 will not !a.e the incu!bent a per!anent appointee. 9Valencia v. Peralta: G. Re*ula( A re/ular appoint!ent is one !ade b" the President while Con/ress is in sessionG ta.es effect onl" after confir!ation b" the Co!!ission on Appoint!ents5 and once approved5 continues until the end of the ter! of the appointee. A. A! Inte(i& 9())(5 ())6 Bar Question: An ad interi! appoint!ent is one !ade b" the President while Con/ress is not in sessionG ta.es effect i!!ediatel"5 but ceases to be valid if disapproved b" the Co!!ission on Appoint!ents or upon the ne7t ad3ourn!ent of Con/ress. $n the latter case5 the ad interi! appoint!ent is dee!ed Ab"EpassedB throu/h inaction. 'he ad interi! appoint!ent is intended to prevent interruptions in vital /overn!ent services that would otherwise result for! prolon/ed vacancies in /overn!ent offices. A! inte(i& appoint&ent is a pe(&anent appoint&ent. $t is a per!anent appoint!ent because it ta.es effect i!!ediatel" and can no lon/er be withdrawn b" the President once the appointee <ualified into office. 'he fact that it is sub3ect to confir!ation b" the Co!!ission on Appoint!ents does not alter its per!anent character. 9;atiba/ v. Benipa"o5 1CC1: A! inte(i& appointe!' #ow te(&inate!. (. Disapproval of the appoint!ent b" the Co!!ission on Appoint!entsG 1. Ad3ourn!ent b" Con/ress without the CA actin/ on the appoint!ent.
2$/ 2$2
unlawfull" li!its e7ecutive discretion in appoint!ents when it provides for the drawin/ of lots as a !eans to deter!ine the districts to which 3ud/es of first instance should be assi/ned b" the Chief E7ecutive.1)1 Con/ress !a" not li!it the President@s choice to one because it will be an encroach!ent on the Prero/ative of the President.1)2 Appoint!ent is essentiall" a discretionar" power and !ust be perfor!ed b" the officer in which it is vested accordin/ to his best li/hts5 the onl" condition bein/ that the appointee5 if issued a per!anent appoint!ent5 should possess the !ini!u! <ualification re<uire!ents5 includin/ the Civil Service eli/ibilit" prescribed b" law for the position. 'his discretion also includes the deter!ination of the nature or character of the appoint!ent5 i.e.5 whether the appoint!ent is te!porar" or per!anent.1)6 'he power to appoint includes the power to decide who a!on/ various choices is best <ualified provided that the person chosen has the <ualification provided b" law.1)8 Even the ne7tEinE ran. rule of the Civil Service Code cannot be read as bindin/ the appointin/ authorit" to choose the first in the order of ran. when two or !ore possess the re<uisite <ualifications.1)> Q= 'he ,evised Ad!inistrative Code of ()*+ provides5 AAll pro incial and city prosecutors and their assistants shall be appointed by the +resident upon the recommendation o# the Secretary.$ $s the absence of reco!!endation of the Secretar" of &ustice to the President fatal to the appoint!ent of a prosecutorR A= Appoint!ent calls for discretion on the part of the appointin/ authorit". 'he power to appoint prosecutors is /iven to the President. 'he Secretar" of &ustice is under the control of the President. #ence5 the law !ust be read si!pl" as allowin/ the Secretar" of &ustice to advice the President. 9Ber!ude0 v. Secretar"5 ())): C. Classification of Appoint&ent 9())6 Bar Question: (. Per!anent 1. 'e!porar" 2. ,e/ular 6. Ad $nteri! 3. Pe(&anent 91CC2 Bar Question:
2$2
2$&
!inco, Philippine Political "aw, p 2/2 (1$%4ed*. Flores v. Drilon, 22& !C=A %+2.
2$4
Antonio ,. :achura, ;utline<=eviewer in Political "aw 2/4 (2##+ ed.* 2$% ,ernas Primer at &#% (2##+ ed.* 2$+ ,ernas Commentar-, p 24# (2##& ed*.
Cru), Philippine Political "aw, p. 1$# (1$$% ed*. Cru), Philippine Political "aw, p. 1$# (1$$% ed*.
+>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA abused5 the" can also be a wa" of circu!ventin/ the need for confir!ation b" the Co!!ission on Appoint!ents. #owever5 we find no abuse in the present case. 'he absence of abuse is apparent fro! President Arro"o@s issuance of ad interi! appoint!ents to respondents i!!ediatel" upon the recess of Con/ress5 wa" before the lapse of one "ear. 9Pi!entel v. Er!ita5 1CC8: D. 5in!s of P(esi!ential Appoint&ent (. Appoint!ents !ade b" an Actin/ President 9Section (6: 1. Appoint!ents !ade b" the President within two !onths before the ne7t presidential elections and up to the end of his ter!. 9Section (8: 2. ,e/ular Appoint!ents 9Section (>: 6. ,ecess or Ad interi! Appoint!ents 9Section (2: E. Scope of t#e Powe( to Appoint Officials to e Appointe! ) t#e P(esi!ent 1. 'hose officials whose appoint!ents are vested in hi! b" the Constitution. (See Section 'H, 'st sentence/ #eads of e7ecutive depart!ents A!bassadors5 other public !inisters and consuls Jfficers of the ar!ed forces fro! ran. of colonel or naval captain Article V$$$5 Section ) provides that the President appoints !e!ber of the SC and 3ud/es of lower courts 'he President also appoints !e!bers of &BC5 chair!en and !e!bers of the constitutional co!!issions 9art )5B5 Sec (91:G C5 Section (91::5 the J!buds!an and his deputies 9art ((5 sec ):. Appoint!ent of Sectoral ,epresentatives 9art (* sec +: 9QuintosEDeles v. Co!!ission on Appoint!ents: 'hose who! he !a" be authori0ed b" law (Section 'H, End sentence/ An" other officers of the /overn!ent whose appoint!ents are not otherwise provided b" law 9Constitution or statutes:. (Section 'H, End sentence/
'here is no dispute that when the Co!!ission on Appoint!ents disapproves an ad interi! appoint!ent5 the appointee can no lon/er be e7tended a new appoint!ent5 inas!uch as the approval is a final decision of the Co!!ission in the e7ercise of its chec.in/ power on the appointin/ authorit" of the President. Such disapproval is final and bindin/ on both the appointee and appointin/ power. But when an ad interi! appoint!ent is b"E passed because of lac. of ti!e or failure of the Co!!ission on Appoint!ents to or/ani0e5 there is no final decision b" the Co!!ission to /ive or withhold its consent to the appoint!ent. Absent such decision5 the President is free to renew the ad interim appoint!ent. 9;atiba/ v. Benipa"o: Q= hat happens if a special session is called and that session continues until the da" before the start of the re/ular sessionR Do appoint!ents /iven prior to the start of the special session lapse upon the end of the special session or !a" the" continue into the re/ular sessionR A= 6ue ara . Inocente a/ain sa"s that there !ust be a Aconstructive recessB between the sessions and thus appoint!ents not acted upon durin/ the special session lapse before the start of the re/ular session.1)) Diffe(ence etween an a! inte(i& appoint&ent an! an appoint&ent in an actin* capacit). (. 'he for!er refers onl" to positions which need confir!ation b" the CA while the latter is also /iven to those which do not need confir!ation. 1. 'he for!er !a" be /iven onl" when Con/ress is not in session whereas the latter !a" be /iven even when Con/ress is in session. Actin* Capacit). 'he essence of an appoint!ent in an actin/ capacit" is its te!porar" nature. $n case of a vacanc" in an office occupied b" an alter e/o of the President5 such as the Jffice of Depart!ent Secretar"5 the President !ust necessaril" appoint the alter e/o of her choice as Actin/ Secretar" before the per!anent appointee of her choice could assu!e office. Con/ress5 throu/h law5 cannot i!pose on the President the obli/ation to appoint auto!aticall" the undersecretar" as her te!porar" alter e/o. AAn alter ego5 whether te!porar" or per!anent5 holds a position of /reat trust and confidence. Con/ress5 in the /uise of prescribin/ <ualifications to an office5 cannot i!pose on the President who her alter ego should be.BActin/ appoint!ents are a wa" of te!poraril" fillin/ i!portant offices5 but if
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2. &.
Si*nificance of enu&e(ation in Section 3:' 3st sentence. 'he enu!eration !eans that Con/ress !a" not /ive to an" other officer the power to appoint the above enu!erated officers.2CC
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,ernas Primer at &#+ (2##+ ed.*
++
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
-. Appoint&ents nee!in* t#e Confi(&ation of CA CA Con#irmation 12clusi e 7ist 3. W#at appoint&ents nee! confi(&ation ) t#e Co&&ission on Appoint&ents, 9())) Bar Q: 'hose enu!erated in the (st sentence of Section (>= (. #eads of e7ecutive depart!ents 1. A!bassadors5 other public !inisters and consuls 2. Jfficers of the ar!ed forces fro! ran. of colonel or naval captain 4. 'hose other officers whose appoint!ents are vested in hi! in the Constitution. (Sa(&iento ". Mison/ (0ote: Although the power to appoint ;ustices, ?udges, 3mbudsman and his deputies is ested in the +resident, such appointments !o not nee! con#irmation by the Commission on Appointments/ W#) f(o& (an9 of colonel. 'he provision hopefull" will have the effect of stren/thenin/ civilian supre!ac" over the !ilitar"2C( 'o so!e e7tent5 the decision of the Co!!ission was influenced b" the observation that coups are /enerall" led b" colonels.2C1 Milita() office(s. 'he clause Aofficers of the ar!ed forces fro! the ran. of colonel or naval captainB refers to !ilitar" officers alone. #ence5 pro!otion and appoint!ent of officers of Philippine Coast Guard which is under the DJ'C 9and not under the A-P:5 do not need the confir!ation of Co!!ission on Appoint!ents. 9Soriano v. Lista5 1CC2: Also5 pro!otion of senior officers of the PDP is not sub3ect to confir!ation of CA. PDP are not !e!bers of the A-P. 9;analo v. Sisto0a5 ())): C#ai(&an of C0R. 'he appoint!ent of the Chair!an of the Co!!ission on #u!an ,i/hts is not provided for in the Constitution or in the law. 'hus5 there is no necessit" for such appoint!ent to be passed upon b" the Co!!ission on Appoint!ents. 9Bautista v. Salon/a: 2. E@clusi"e list 'he Con/ress cannot b" law re<uire the confir!ation of appoint!ents of /overn!ent officials other than those enu!erated in the first sentence of Section (> of Article V$$. 9Calderon v. Carale:
&#1 &#2
/. Steps in t#e Appointin* P(ocess Dw#e(e COA confi(&ation is nee!e!E (. Do!ination b" the President 1. Confir!ation of the Co!!ission on Appoint!ents 2. $ssuance of the Co!!ission Acceptance. An appoint!ent is dee!ed co!plete onl" upon its acceptance. Pendin/ such acceptance5 the appoint!ent !a" still be withdrawn. 9Lacson v. ,o!ero: Appoint!ent to a public office cannot be forced upon an" citi0en e7cept for purposes of defense of the State under Article $$ Section 6. 0. Appoint&ent of Office(s Lowe( in Ran9
Section (> 92rd sentence of first para/raph: 'he Con/ress !a"5 b" law5 vest the appoint!ent of other officers lower in ran. in the P(esi!ent alone5 in the courts5 or in the heads of depart!ents5 a/encies5 co!!issions5 or boards.
Si*nificance of t#e p#(ase ;t#e P(esi!ent alone?. Alone !eans to the e7clusion of the courts5 the heads of depart!ents5 a/encies5 co!!issions or boards. 2C2 Appointin/ authorit" !a" also be /iven to other officials. 'hus Section (> sa"s= A'he Con/ress !a"5 b" law5 vest the appoint!ent of other officers lower in ran. in the President alone5 in the courts5 or in the heads of depart!ents5 a/encies5 co!!issions5 or boards.B $n 9u#ino 1ndriga4GF interpreted this to !ean that5 when the authorit" is /iven to colle/ial bodies5 it is to the chair!an that the authorit" is /iven. But he can appoint onl" officers Alower in ran.5B and not officers e<ual in ran. to hi!. 'hus a Chair!an !a" not appoint a fellow !e!ber of a Board. I. Li&itations on t#e P(esi!entLs Appointin* Powe(
Section 3A. Appoint!ents e7tended b" an Actin/ President shall re!ain effective5 unless revo.ed b" the elected President within ninet" da"s fro! his assu!ption or reassu!ption of office. Section 3B. 'wo !onths i!!ediatel" before the ne7t presidential elections and up to the end of his ter!5 a President or Actin/ President shall not !a.e appoint!ents5 e7cept te!porar" appoint!ents to e7ecutive positions when continued vacancies therein will pre3udice public service or endan/er public safet".
Special Li&itations
&#&
,ernas Commentar-, p 244 (2##& ed*. 00 =9C;=D &$47&$%.
,ernas Commentar-, p 24/ (2##& ed*.3 'he earlier view of Fr. ,ernas confirmed b- !armiento v. 4ison, was that the retention of the phrase BPresident aloneC was an oversight. &#4 G.R. No. 139554, July 21, 2006.
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA ban. 9$n ,e Appoint!ent Valen0uela5 ())*: of ;ateo
1.
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4.
3Anti;Nepotism Provision4 'he President !a" not appoint his spouse and relatives b" consan/uinit" or affinit" within the fourth civil de/ree as ;e!bers of the Constitutional Co!!ission5 as J!buds!an5 or as Secretaries5 4ndersecretaries5 chair!en or heads of Bureaus or offices5 includin/ /overn!ent ownedEorEcontrolled corporations. DSection <E4 Appoint!ents e7tended b" an actin/ President shall re!ain effective unless revo.ed b" the elected President within )C da"s for! his assu!ption of office. 3Section <94 3Mi!ni#ht Appointments4'wo !onths i!!ediatel" before the ne7t presidential elections and up to the end of his ter!5 a President or actin/ President shall not !a.e appoint!ents e7cept for te!porar" appoint!ents to e7ecutive positions when continued vacancies therein will pre3udice public service or endan/er public safet". DSection <F4 'he President shall have the power to !a.e appoint!ents durin/ the recess of the Con/ress5 whether voluntar" or co!pulsor"5 but such appoint!ents shall be effective onl" until disapproval b" the CA or until the ne7t ad3ourn!ent of Con/ress. 3Section <G par& =4 Rule =Section 3B> applies in t#e appoint&ents in t#e 4u!icia(). 'wo !onths i!!ediatel" before the ne7t presidential elections and up to the end of his ter!5 a President or Actin/ President shall not !a.e appoint!ents5 e7cept te!porar" appoint!ents to e7ecutive positions when continued vacancies therein will pre3udice public service or endan/er public safet". Since the e7ception applies onl" to e7ecutive positions5 the prohibition covers appoint!ents to the 3udiciar".2C8 Durin/ this period H1 !onths i!!ediatel" before the ne7t presidential electionsKI5 the President is neither re<uired to !a.e appoint!ents to the courts nor allowed to do so. Section 69(: and ) of Article V$$$ si!pl" !ean that the President is re<uired b" law to fill up vacancies in the courts within the sa!e ti!e fra!es provided therein unless prohibited b" Section (8 of Article V$$. hile the filin/ up of vacancies in the 3udiciar" is undoubtedl" in the public interest5 there is no showin/ in this case of an" co!pellin/ reason to 3ustif" the !a.in/ of the appoint!ents durin/ the period of the
P(o"ision applies onl) to p(esi!ential appoint&ents. 'he provision applies onl" to presidential appoint!ents. 'here is no law that prohibits local e7ecutive officials fro! !a.in/ appoint!ents durin/ the last da"s of their tenure. 9De ,a!a v. CA: Ot#e( Li&itations% (. 'he presidential power of appoint!ent !a" also be li!ited b" Con/ress throu/h its power to prescribe <ualifications for public office. 2. 'he 3udiciar" !a" annul an appoint!ent !ade b" the President if the appointee is not <ualified or has not been validl" confir!ed.2C> 4. Powe( of Re&o"al 'he President possesses the power of re!oval b" i!plication fro! other powers e7pressl" vested in hi!. (. $t is i!plied fro! his power to appoint 1. Bein/ e7ecutive in nature5 it is i!plied fro! the constitutional provision vestin/ the e7ecutive power in the President. 2. $t !a" be i!plied fro! his function to ta.e care that laws be properl" e7ecutedG for without it5 his orders for law enforce!ent !i/ht not be effectivel" carried out. 4. 'he power !a" be i!plied fro the President@s control over the ad!inistrative depart!ents5 bureaus5 and offices of the /overn!ent. ithout the power to re!ove5 it would not be alwa"s possible for the President to e7ercise his power of control.2C+ As a /eneral rule5 the power of re!oval !a" be i!plied fro! the power of appoint!ent.2C* #owever5 the President cannot re!ove officials appointed b" hi! where the Constitution prescribes certain !ethods for separation of such officers fro! public service5 e./.5 Chair!en and Co!!issioners of Constitutional Co!!issions who can be re!oved onl" b" i!peach!ent5 or 3ud/es who are sub3ect to the disciplinar" authorit" of the Supre!e Court. $n the cases where the power of re!oval is lod/ed in the President5 the sa!e !a" be e7ercised onl" for cause as !a" be provided b" law5 and in
&#+ &#/
Cru), Philippine Political "aw, p. 1$% (1$$% ed*.
&#%
.n re3 Appointment of "alen&uela! A4 $27#%#1 !C, :ovember $, 1$$2.
!inco, Philippine Political "aw, p 2/% (1$%4ed*.3 6ut See An/E An/co v. Castillo5 A!he power o# control is not the source o# the 12ecuti es disciplinary power o er the person o# his subordinates. 9ather, his disciplinary power #lows #rom his power to appoint.B Bernas Pri!er at 2(2 91CC> ed:.
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Cru), Philippine Political "aw, p. 1$+ (1$$% ed*.
+)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA !a" ta.e such action or steps as prescribed b" law to !a.e the! perfor! these duties.2(6 8ernas +rimer: Power of Supervision is the power of a superior officer to Aensure that the laws are faithfull" e7ecutedB b" inferiors. 'he power of supervision does not include the power of controlG but the power of control necessaril" includes the power of supervision.2(8 Control An officer in control la"s down the rules in the doin/ of an act. Supervision Supervision does not cover the authorit" to la" down the rules. Supervisor or superintendent !erel" sees to it that the rules are followed. $f the rules are not observed5 he !a" order the wor. done or reE done but onl" to confor! to the prescribed rules. #e !a" not prescribe his own !anner for the doin/ of the act. #e has no 3ud/!ent on this !atter e7cept to see to it that the rules are followed. 9Drilon v. Li!:
accordance with the prescribed ad!inistrative procedure. Me& e(s of t#e ca(ee( se("ice. ;e!bers of the career service of the Civil Service who are appointed b" the President !a" be directl" disciplined b" hi!. 9Villalu0 v. Paldivar: provided that the sa!e is for cause and in accordance with the procedure prescribed b" law. Me& e(s of t#e Ca inet. ;e!bers of the Cabinet and such officers whose continuit" in office depends upon the President !a" be replaced at an" ti!e. 97egally speaking, their separation is e##ected not by remo al but by e2piration o# term.4G(/ 9See Ala3ar v. CA: VI. Powe( of Cont(ol Control Control v& Supervision ,he Presi!ent an! Po er of Control Alter e#o PrincipleC Doctrine of Aualifie! Political A#enc' Supervision over .6?s ,he ,a(e;Care Clause
Section 38. 'he President shall have control of all the e7ecutive depart!ents5 bureaus5 and offices. #e shall ensure that the laws be faithfull" e7ecuted.
$f rules are not followed5 he !a"5 in his discretion5 order the act undone5 reE done b" his subordinate or he !a" decide to do it hi!self.
A. Cont(ol Control is the power of an officer to alter or !odif" or nullif" or set aside what a subordinate officer had done in the perfor!ance of his duties and to substitute the 3ud/!ent of the for!er for that of the latter.2(C $t includes the authorit" to order the doin/ of an act b" a subordinate or to undo such act or to assu!e a power directl" vested in hi! b" law.2(( 'he power of control necessaril" includes the power of supervision.2(1 B. Cont(ol ". Supe("ision Control is a supervision.2(2 stron/er power than !ere
C. T#e P(esi!ent an! Powe( of Cont(ol +ower o# Control o# the +resident Scope Section '* is sel#Be2ecuting 0ot a Source o# :isciplinary +owers 3. Powe( of Cont(ol of t#e P(esi!ent HPower of ControlI has been /iven to the President over all e7ecutive officers fro! Cabinet !e!bers to the lowliest cler.. 'his is an ele!ent of the presidential s"ste! where the President is Athe E7ecutive of the /overn!ent.B2(> 'he power of control vested in the President b" the Constitution !a.es for a stron/l" centrali0ed ad!inistrative s"ste!. $t reinforces further his position as the e7ecutive of the /overn!ent5 enablin/ hi! to co!pl" !ore effectivel" with his constitutional dut" to enforce laws. 'he power to prepare the bud/et of the /overn!ent stren/thens the President@s position as ad!inistrative head.2(+ 2. Scope
Supe("ision. Supervision !eans overseein/ or the power or authorit" of an officer to see that subordinate officer perfor!s their duties. $f the latter fail or ne/lect to fulfill the!5 then the for!er
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&1#
Cru), Philippine Political "aw, p. 1$/ (1$$% ed*. 4ondano v. !ilvosa Cru), Philippine Political "aw, p. 1$2 (1$$% ed*. ,ernas Primer at &1& (2##+ ed.* Cru), Philippine Political "aw, p. 1$2 (1$$% ed*.
&14
&11 &12 &1&
4ondano v. !ilvosa ,ernas Primer at &1& (2##+ ed.* ,ernas Primer at &1# (2##+ ed.* !inco, Philippine Political "aw, p 24& (1$%4ed*.
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&1+
&1/
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 'he President derives power of control directl" fro! the Constitution and not fro! an" i!ple!entin/ le/islation. Such a law is in fact unnecessar" and will even be invalid if it li!its the e7ercise of his power or withdraws it alto/ether fro! the President.211 A. Powe( of Cont(ol is not t#e sou(ce of t#e E@ecuti"eLs !isciplina() powe( 'he power of control is not the source of the E7ecutive@s disciplinar" power over the person of his subordinates. ,ather5 his disciplinar" power flows fro! his power to appoint. 9An/EAn/co v. Castillo:212 D. Alte( E*o P(incipleK Doct(ine of .ualifie! Political A*enc) :octrine ,hen :octrine not Applicable 9eason #or the :octrine +ower o# Control e2ercised by :epartment &eads +ower o# Control e2ercised by 1S Abakada Case 3. Doct(ine 'he doctrine reco/ni0es the establish!ent of a sin/le e7ecutive. 'he doctrine postulates that5 AAll e7ecutive and ad!inistrative or/ani0ations are ad3uncts of the E7ecutive Depart!ent5 the heads of the various e7ecutive depart!ents are assistants and a/ents of the Chief E7ecutive5 and5 9e7cept in cases where the Chief E7ecutive is re<uired b" the Constitution or law to act in person or the e7i/encies of the situation de!and that he act personall"5: the !ultifarious e7ecutive and ad!inistrative functions of the Chief E7ecutive are perfor!ed b" and throu/h the e7ecutive depart!ents5 and the acts of the secretaries of such !epartments- performe! an! promul#ate! in the re#ular course of %usiness- are- unless !isapprove! or repro%ate! %' the Chief E$ecutive presumptivel'- the acts of the Chief E$ecutive7 (<illena . Sec. o# Interior/ Put si!pl"5 when a depart!ent secretar" !a.es a decision in the course of perfor!in/ his or her official duties5 the decision5 whether honorable or dis/raceful5 is presu!ptivel" the decision of the President5 unless he <uic.l" and clearl" disowns it.216 2. W#en Doct(ine not Applica le Qualified political a/enc" does DJ' appl" if the President is re<uired to act in person b" law or b"
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a. 'he President shall have control of all the e7ecutive depart!ents5 bureaus5 and offices. 9Section (+: . 'he President has control over officers of GJCCs. 9DA;A,CJ v. Arca: 98ernas: It is submitted that such power o er go ernmentB owned corporation comes not #rom the Constitution but #rom statute. &ence, it may also be taken away by statute./ c. Cont(ol o"e( w#at, 'he power of control is e7ercisable b" the President o"e( t#e acts of his subordinates and not necessaril" over the subordinate hi!self. 9An/Ean/co v. Castillo: $t can be said that the while the E7ecutive has control over the A3ud/!entB or AdiscretionB of his subordinates5 it is the le/islature which has control over their Aperson.B2(* !. 'heoreticall"5 the President has full control of all the !e!bers of the Cabinet. #e !a" appoint the! as he sees fit5 shuffle the! at pleasure5 and replace the! in his discretion without an" le/al inhibition whatever.2() e. 'he President !a" e7ercise powers conferred b" law upon Cabinet !e!bers or other subordinate e7ecutive officers. 9Cit" of $li/an v. Director of Lands: Even where the law provides that the decision of the Director of Lands on <uestions of fact shall be conclusive when affir!ed b" the Sec of DED,5 the sa!e !a"5 on appeal to the President5 be reviewed and reversed b" the E7ecutive Secretar". 9LacsonE ;a/allanes v. Pano: f. $t has been held5 !oreover5 that the e7press /rant of the power of control to the President 3ustifies an e7ecutive action to carr" out the reor/ani0ation of an e7ecutive office under a broad authorit" of law.21C A reor/ani0ation can involve the reduction of personnel5 consolidation of offices5 or even abolition of positions b" reason of econo!" or redundanc" of functions. hile the power to abolish an office is /enerall" lod/ed with the le/islature5 the authorit" of the President to reor/ani0e the e7ecutive branch5 which !a" include such abolition5 is per!issible under present laws.21( G. Section 38 is a selfHe@ecutin* p(o"ision
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,ernas Primer at &1& (2##+ ed.* Cru), Philippine Political "aw, p. 1$$ (1$$% ed*. ,ernas Primer at &1& (2##+ ed.* &24 Fr. ,ernas in his 0nFuirer column, BA @olden ;pportunit- for @4AC. httpA<<opinion.inFuirer.net<inFuireropinion<columns<viewHarticle.php NarticleHidO1#/24%
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Cru), Philippine Political "aw, p. 1$$ (1$$% ed*. Anak Mindanao v. E ecutive Sec! @.=. :o. 1++#%2 , August 2$, 2##/3 Tondo Medical Center Employees v. CA. @.=. :o. 1+/&24, 1ul- 1/, 2##/3 &21 Malaria E !loy""# $. E%"&uti$" S"&r"tary, @.=. :o. 1+##$&, 1ul- &1, 2##/.
*(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA E. Powe( of Supe("ision o"e( L/$s 'he power of the President over local /overn!ents is onl" one of /eneral supervision.21) 9See Article S5 Sections 6 and (>: 'he President can onl" interfere in the affairs and activities of a local /overn!ent unit if he finds that the latter had acted contrar" to law. 9&ud/e Dadole v. CJA: A law 9,A +(>C Sec (*+: which authori0es the Secretar" of &ustice to review the constitutionalit" of le/alit" of a ta7 ordinanceNand if warranted5 to revo.e it on either or both /roundsNis valid5 and does not confer the power of control over local /overn!ent units in the Secretar" of &ustice5 as even if the latter can set aside a ta7 ordinance5 he cannot substitute his own 3ud/!ent for that of the local /overn!ent unit. 9Drilon v. Li!: -. -ait#ful E@ecution ClauseK Ta9e Ca(e Clause 'he power to ta.e care that the laws be faithfull" e7ecuted !a.es the President a do!inant fi/ure in the ad!inistration of the /overn!ent.22C 'he President shall ensure that the laws be faithfull" e7ecuted. 9Section (+ 1nd sentence: 'he law he is supposed to enforce includes the Constitution5 statutes5 3udicial decisions5 ad!inistrative rules and re/ulations and !unicipal ordinances5 as well as treaties entered into b" /overn!ent.22( 'his power of the President is not li!ited to the enforce!ent of acts of Con/ress accordin/ to their e7press ter!s. 'he President@s power includes Athe ri/hts and obli/ations /rowin/ out of the Constitution itself5 international relations5 and all the protection i!plied b" the nature of the /overn!ent under the Constitution.221 'he reverse side of the power to e7ecute the law is the duty to carr" it out. 'he President cannot refuse to carr" out a law for the si!ple reason that in his 3ud/!ent it will not be beneficial to the people.222 As the Supre!e Court pointed out5 Aafter all we still live under a rule of law.B $t has been su//ested that the President is not under obli/ation to enforce a law which in his belief is unconstitutional because it would create no
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the Constitution. E7a!ple= 'he power to /rant pardons !ust be e7ercised personall" b" the President. G. Reason fo( t#e Doct(ine Since the e7ecutive is a bus" !an5 he is not e7pected to e7ercise the totalit" of his power of control all the ti!e. #e is not e7pected to e7ercise all his powers in person. #e is e7pected to dele/ate so!e of the! to !en of his confidence5 particularl" to !e!bers of his Cabinet. 'hus5 out of this p(actical necessit) has risen what has co!e to be referred to as Adoctrine of <ualified political a/enc".B218 A. Powe( of Cont(ol e@e(cise! ) Depa(t&ent 0ea!s in t#e P(esi!entLs Be#alf 'he President@s power of control !eans his power to reverse the 3ud/!ent of an inferior officer. $t !a" also be e7ercised in his behalf b" Depart!ent #eads. 'hus the Secretar" of &ustice !a" reverse the 3ud/!ent of a prosecutor and direct hi! to withdraw an infor!ation alread" filed. Such action is not directl" reviewable b" a court. Jne who disa/rees5 however5 !a" should appeal to the Jffice of the President in order to e7haust ad!inistrative re!edies prior to brin/ it to court.21> B. Powe( of Cont(ol e@e(cise! ) t#e ES 'he E7ecutive Secretar" when actin/ Ab" authorit" of the PresidentB !a" reverse the decision of another depart!ent secretar". 9LacsonE;a/allanes v. Pano: 21+ :. A a9a!a Case Petitioners ar/ue that the EVA' law is unconstitutional5 as it constitutes abandon!ent b" Con/ress of its e7clusive authorit" to fi7 the rate of ta7es and nullififed the President@s power of control b" !andatin/ the fi7in/ of the ta7 rate b" the President upon the reco!!endation of the Secretar" of -inance. 'he SC ruled that the Secretar" of -inance can act as a/ent of the Le/islative Depart!ent to deter!ine and declare the event upon which its e7pressed will is to ta.e effect. #is personalit" in such instance is in realit" but a pro3ection of that of Con/ress. 'hus5 bein/ the a/ent of Con/ress and not of the President5 the President cannot alter or !odif" or nullif"5 or set aside the findin/s of the Secretar" of -inance and to substitute the 3ud/!ent of the for!er to the latter.21* 9Aba.ada Guro v. ES5 1CC8:
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,ernas Commentar-, p 2%/ (2##& ed*. Orosa v. $oa! @= 14#4/, 1ul- 14, 2##+3 9E:$ v. 9E:$ Employees! @.=. :o. 14$/24. August 1$, 2##& &2/ !ee the case of :eri v. !enate Committee on the authorit- of 9! to invo6e 9.ecutive 0mmunit-. 7asm &22 !an ,eda College of "aw, 2##2 Centrali)ed ,ar ;perations, Political "aw =eviewer, p. 2$.
,ernas Primer at &1& (2##+ ed.* Cru), Philippine Political "aw, p. 2#& (1$$% ed*. Cru), Philippine Political "aw, p. 2#& (1$$% ed*.
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0n =e :eagle, 1&% ?! 1 (12$#*. ,ernas Commentar-, p 2+& (2##& ed*. &&& ,ernas Commentar-, p 2+& (2##& ed*
*1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA A. T#e Milita() Powe( 9()*+ Bar Question: Section (* bolsters the principle announced in Article $$5 Section 2 that Acivilian authorit" is at all ti!es5 supre!e over the !ilitar".B B" !a.in/ the President the co!!anderEinEchief of all the ar!ed forces5 the Constitution lessens the dan/er of a !ilitar" ta.eEover of the /overn!ent in violation of its republican nature.228 Section (* /rants the President5 as Co!!anderEinE Chief5 a se<uence of /raduated powers. -ro! the !ost to the least beni/n5 these are= the callin/ out power5 the power to suspend the privile/e of the writ of habeas corpus5 and the power to declare !artial law. 9Sanla.as v. E7ecutive Secretar": 'he po er of the s or! !a.es the President the !ost i!portant fi/ure in the countr" in ti!es of war or other si!ilar e!er/enc".22> $t is because the sword !ust be wielded with coura/e and resolution that the President is /iven vast powers in the !a.in/ and carr"in/ out of !ilitar" decisions.22+ 'he !ilitar" power enables the President to= (. Co!!and all the ar!ed forces of the PhilippinesG 2. Suspend the privile/e of the writ of habeas corpus 2. Declare !artial law B. Li&itations on Milita() Powe(GG7 9()*+5 1CCC Bar Question:
ri/hts and confer no duties bein/ totall" null and void. 'he better view is that it is not for hi! to deter!ine the validit" of a law since this is a <uestion e7clusivel" addressed to the 3udiciar". #ence5 until and unless a law is declared unconstitutional5 the President has a dut" to e7ecute it re/ardless of his doubts on its validit". A contrar" opinion would allow hi! not onl" to ne/ate the will of le/islature but also to encroach upon the prero/atives of the 3udiciar".226 VII. Milita() Powe(1E&e(*enc) Powe(s ,he Militar' Po er .imitations on Militar' Po er Comman!er;in;Chief Clause@ Callin# Out Po er Suspension of the Privile#e Martial .a
Section 37. 'he President shall be the Co!!anderEinE Chief of all ar!ed forces of the Philippines and whenever it beco!es necessar"5 he !a" call out such ar!ed forces to prevent or suppress lawless violence5 invasion or rebellion. $n case of invasion or rebellion5 when the public safet" re<uires it5 he !a"5 for a period not e7ceedin/ si7t" da"s5 suspend the privile/e of the writ of habeas corpus or place the Philippines or an" part thereof under !artial law. ithin fort"Eei/ht hours fro! the procla!ation of !artial law or the suspension of the privile/e of the writ of habeas corpus5 the President shall sub!it a report in person or in writin/ to the Con/ress. 'he Con/ress5 votin/ 3ointl"5 b" a vote of at least a !a3orit" of all its ;e!bers in re/ular or special session5 !a" revo.e such procla!ation or suspension5 which revocation shall not be set aside b" the President. 4pon the initiative of the President5 the Con/ress !a"5 in the sa!e !anner5 e7tend such procla!ation or suspension for a period to be deter!ined b" the Con/ress5 if the invasion or rebellion shall persist and public safet" re<uires it. 'he Con/ress5 if not in session5 shall5 within twent"E four hours followin/ such procla!ation or suspension5 convene in accordance with its rules without need of a call. 'he Supre!e Court !a" review5 in an appropriate proceedin/ filed b" an" citi0en5 the sufficienc" of the factual basis of the procla!ation of !artial law or the suspension of the privile/e of the writ or the e7tension thereof5 and !ust pro!ul/ate its decision thereon within thirt" da"s fro! its filin/. A state of !artial law does not suspend the operation of the Constitution5 nor supplant the functionin/ of the civil courts or le/islative asse!blies5 nor authori0e the confer!ent of 3urisdiction on !ilitar" courts and a/encies over where civil courts are able to function5 nor auto!aticall" suspend the privile/e of the writ. 'he suspension of the privile/e of the writ shall appl" onl" to persons 3udiciall" char/ed for rebellion or offenses inherent in or directl" connected with invasion. Durin/ the suspension of the privile/e of the writ5 an" person thus arrested or detained shall be 3udiciall" char/ed within three da"s5 otherwise he shall be released.
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#e !a" call out the ar!ed forces to prevent or suppress lawless iolence, in asion or rebellion onl". 2. 'he /rounds for the suspension of the privile/e of the writ of habeas corpus and the procla!ation of !artial law are now li!ited onl" to in asion or rebellion. &. 'he duration of such suspension or procla!ation shall not e7ceed si2ty days5 followin/ which it shall be auto!aticall" lifted. 4. ithin #ortyBeight hours after such suspension or procla!ation5 the President shall personall" or in writin/ report his action to the Con/ress. $f not in session5 Con/ress !ust convene within 16 hours. %. 'he Con/ress !a" then5 b" ma?ority otes o# all its members oting ?ointly, revo.e his action. 'he revocation !a" not set aside b" the President. >. B" the sa!e vote and in the sa!e !anner5 the Con/ress !a"5 upon initiative of the President5 e7tend his suspension or procla!ation for a period to be deter!ined b" the Con/ress if the invasion or
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Cru), Philippine Political "aw, p. 2#& (1$$% ed*.
Cru), Philippine Political "aw, p. 2#4 (1$$% ed*. Cru), Philippine Political "aw, p. 2#% (1$$% ed*. &&/ Cru), Philippine Political "aw, p. 2#% (1$$% ed*. &&2 Cru), Philippine Political "aw, p. 21& (1$$% ed*.
*2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA who! Con/ress su!!ons to testif" before it !a" be co!pelled to do so b" the President. $f the President is not so inclined5 the President !a" be co!!anded b" 3udicial order to co!pel the attendance of the !ilitar" officer. -inal 3udicial orders have the force of the law of the land which the President has the dut" to faithfull" e7ecute.26C 2. Ci"ilian Sup(e&ac) DBe(nasian "iewE Is the Presi!ent a mem%er of the arme! forcesD Dic#oto&) of "iews% Sinco" 'he President is not onl" a civil official. As co!!anderEinEchief of all ar!ed forces5 the President is also a !ilitar" officer. 'his dual role /iven b" the Constitution to the President is intended to insure that the civilian controls the !ilitar".26( )ernas" 'he wei/ht of authorit" favors the position that the President is not a !e!ber of the ar!ed forces but re!ains a civilian. 'he President@s duties as Co!!anderEinEChief represent onl" a part of the or/anic duties i!posed upon hi!. All his other functions are clearl" civil in nature. #e is elected as the hi/hest civilian officer #is co!pensation is received for his services rendered as President of the nation5 not for the individual part of his dutiesG no portion of its is paid fro! su!s appropriated for the !ilitar" or naval forces. #e is not sub3ect to court !artial or other !ilitar" discipline 'he Constitution does not re<uire that the President !ust be possessed of !ilitar" trainin/ and talents. 'his position in fact5 is the onl" one co!patible with Article $$5 Section 25 which sa"sB ACivilian authorit" is at all ti!es5 supre!e over the !ilitar".B 'he net effect thus of Article $$5 Section2 when read with Article V$$5 Section (* is that a ci ilian +resident holds supreme military authority and is the ceremonial, legal, and administrati e head o# the armed #orces.261 G. Callin* Out Powe( un!e( Section 37 91CC> Bar Question: Most 8enign power o# Section ') Lse o# Calling 3ut +ower <ests 0o Constitutional or Statutory +owers :eclaration o# State o# 9ebellion :eclaration o# State o# 0ational 1mergency Calling out +ower and ;udicial 9e iew a. Most Beni*n powe( of Section 37. 'he di!inution of an" constitutional ri/hts throu/h the
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rebellion shall continue and the public safet" re<uires e7tension. /. 'he action of the President and the Con/ress shall be sub3ect to review b" the Supre!e Court which shall have the authorit" to deter!ine the sufficienc" of the factual basis of such action. 'his !atter is no lon/er considered a political <uestion and !a" be raised in an appropriate proceedin/ b" any citi0en. ;oreover5 the Supre!e Court !ust decide the challen/e within thirty days fro! the ti!e it is filed. *. ;artial law does not auto!aticall" suspend the privile/e of the writ of habeas corpus or the operation of the Constitution. 'he civil courts and the le/islative bodies shall re!ain open. ;ilitar" courts and a/encies are not conferred 3urisdiction over civilians where the civil courts are functionin/. $. 'he suspension of the privile/e of the writ of habeas corpus shall appl" onl" to persons facin/ char/es of rebellion or o##enses inherent in or directly connected with in asion. 1#. An" person arrested for such offenses !ust be 3udiciall" char/ed therewith within three days. Jtherwise shall be released. C. Co&&an!e(HinHC#ief ClauseK Callin* Out Powe( +ower o er the military Ci ilian Supremacy CallingBout +ower
'he President shall be the Co!!anderEinEChief of all ar!ed forces of the Philippines and w#ene"e( it eco&es necessa()5 he !a" call out such ar!ed forces to prevent or suppress lawless violence5 invasion or rebellion. 9Section (*5 (st sentence:
3. Powe( o"e( t#e Milita(). 'he President has absolute authorit" over all !e!bers of the ar!ed forces. 9Gudani v. Sen/a5 1CC>: #e has control and direction over the!. As Co!!anderEinEchief5 he is authori0ed to direct the !ove!ents of the naval and the !ilitar" forces placed b" law at his co!!and5 and to e!plo" the! in !anner he !a" dee! !ost effectual to harass and con<uer and subdue the ene!".22) Since the President is co!!anderEinEchief of the Ar!ed -orces she can de!and obedience fro! !ilitar" officers. ;ilitar" officers who disobe" or i/nore her co!!and can be sub3ected to court !artial proceedin/. 'hus5 for instance5 the President as Co!!ander in Chief !a" prevent a !e!ber of the ar!ed forces fro! testif"in/ before a le/islative in<uir". A !ilitar" officer who disobe"s the President@s directive !a" be !ade to answer before a court !artial. Since5 however5 Con/ress has the power to conduct le/islative hearin/s5 Con/ress !a" !a.e use of re!edies under the law to co!pel attendance. An" !ilitar" official
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Gudani v. Sen%a! @.=. :o. 1/#1+%, April 1%. 2##+. !inco, Philippine Political "aw, p 2+1 (1$%4ed*. ,ernas Commentar-, p 2+% (2##& ed*.
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,ernas Commentar-, p 2++ (2##& ed* citing Fleming v. Page.
*6
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
'hese conditions are present in this case. Considerin/ the circu!stances then prevailin/ PG;A found it necessar" to issue PP(C(+. Jwin/ to her Jffice@s vast intelli/ence networ.5 she is in the best position to deter!ine the actual condition in her countr". PP<H<I is constitutional insofar as it constitutes a call %' P6MA on the A+P to prevent or suppress la less violence&
suspension of the privile/e of the writ or the declaration of !artial law is dee!ed as Astron/ !edicineB to be used sparin/l" and onl" as a last resort5 and for as lon/ as onl" trul" necessar". 'hus5 the invocation of the Acallin/ outB power stands as a balanced !eans of enablin/ a hei/htened alertness in dealin/ with the ar!ed threat5 but without havin/ to suspend an" constitutional or statutor" ri/hts or cause the creation of an" new obli/ations. . Vests no new constitutional o( statuto() powe(s. -or the utili0ation of the Acallin/ outB power alone cannot vest unto the President an" new constitutional or statutor" powers5 such as the enact!ent of new laws. At !ost5 it can onl" renew e!phasis on the dut" of the President to e7ecute alread" e7istin/ laws without e7tendin/ a correspondin/ !andate to proceed e7traE constitutionall" or e7traEle/all". $ndeed5 the Acallin/ outB power does not authori0e the President or the !e!bers of the Ar!ed -orces to brea. the law. c. Decla(ation of State of Re ellion. Declaration of the state of rebellion is within the callin/Eout power of the President. hen the President declares a state of e!er/enc" or a state of rebellion her action is !erel" a description of the situation as she sees it but it does not /ive her new powers. 'he declaration cannot di!inish or violate constitutionall" protected ri/hts. 9Sanla.as v. E7ecutive Secretar"5 G.,. Do. (8)C*85 -ebruar" 25 1CC6.: !. Decla(ation of a ;state of national e&e(*enc)?. 'he President can validl" declare a state of national e!er/enc" even in the absence of con/ressional enact!ent. 9David v. Er!ita: 91CC> Bar Question: PP 3J38 case
-acts= Jn -ebruar" 165 1CC>5 President Arro"o issued Presidential Procla!ation (C(+ declarin/ a state of national e!er/enc". 'he Solicitor General enu!erated the followin/ events that lead to the issuance of PP(C(+= Escape of ;a/dalo /roup and their audacious threat of the ;a/dalo DEda" 1. 'he defecations in the ;ilitar"5 particularl" in the Phil. ;arines 2. ,eprovin/ state!ents of the co!!unist leaders 6. ;inutes of the $ntelli/ence ,eport and Securit" Group of the Philippine Ar!" showin/ the /rowin/ alliance between the DPA and the !ilitar". Di! P/MA *(a"el) a use #e( !isc(etion in callin# out t#e A-P, DJ. Section (* /rants the President the calling out power. 'he onl" criterion for the e7ercise is that Awhenever it beco!es necessar"B5 the President !a" call the ar!ed forces Ato prevent or suppress lawless violence5 invasion or rebellionB
e. P(esi!entLs action in callin* out t#e a(&e! fo(ces' an! +u!icial (e"iew. $t !a" be /athered fro! the broad /rant of power that the actual use to which the President puts the ar!ed forces5 is unli.e the suspension of the privile/e of writ of habeas corpus5 not sub3ect to 3udicial review.262 But' waitN hile the Court considered the President@s Acallin/EoutB power as a discretionar" power solel" vested in his wisdo! and that it cannot be called upon to overrule the President@s wisdo! or substitute its own5 it stressed that Athis does not prevent an e7a!ination of whether such power was e7ercised within per!issible constitutional li!its or whether it was e7ercised in a !anner constitutin/ /rave abuse of discretion. 9$BP v. Pa!ora: &udicial in<uir" can go no #urther than to satisf" the Court not that the President@s decision is correct, but that Athe President did not act arbitrarily.B 'hus5 the standard is not correctness5 but arbitrariness. $t is incu!bent upon the petitioner to show that the President@s decision is totall" bereft of factual basisB and that if he fails5 b" wa" of proof5 to support his assertion5 then Athis Court cannot underta.e an independent investi/ation be"ond the pleadin/s. 9I)P v& Jamora cite! in Davi! v& Arro'o: D. Suspension of t#e P(i"ile*e ,rit o# &abeas Corpus +ri ilege o# the ,rit o# &abeas Corpus Suspension o# the +ri ilege, Meaning 6eneral 7imitations on the power to Suspend !o whom Applicable 1##ect on Applicable +ersons 6rounds :uration -our ,ays to 7i#t the Suspension :uty o# the +resident 9ole o# Congress 9ole o# the Supreme Court 3. W(it of 0C T#e w(it. 'he writ of habeas corpus is a writ directed to the person detainin/ another5 co!!andin/ hi! to produce the bod" of the prisoner at a desi/nated ti!e and place5 with the da" and cause of his caption and detention5 to do5 to sub!it to5 and receive whatever the court or 3ud/e awardin/ the writ shall consider in his behalf.
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1.
,ernas Commentar-, p 2++ (2##& ed*
*8
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
t#e (i*#t of in!i"i!ual to see9 (elease f(o& !etention t#(ou*# t#e w(it of ha%eas corpus.4FH 9Aberca v. Ver5 (>C SC,A 8)C:
9Bouvier@s Law Dictionar": 9#ence5 an essential re<uisite for the availabilit" of the writ is actual deprivation of personal libert": (Simply put, a writ o# habeas corpus is a rit of li%ert'/ Pu(pose. 'he /reat ob3ect of which is the liberation of those who !a" be in prison without sufficient cause.266 To w#at 0a eas Co(pus e@ten!s. E7cept as otherwise provided b" law5 the writ of habeas corpus shall e7tend to all cases of ille/al confine!ent or detention b" which an" person is deprived of his libert"5 or b" which the ri/htful custod" of an" person is withheld fro! the person entitled thereto. 9,ule (C15 Section ( or ,ules of CJurtt: 2. P(i"ile*e of t#e w(it of 0C P(i"ile*e. $t is the ri/ht to have an i!!ediate deter!ination of the le/alit" of the deprivation of ph"sical libert". G. Suspension of t#e p(i"ile*e. $n case of invasion or rebellion5 when the public safet" re<uires it5 Ht#e P(esi!entI !a"5 for a period not e7ceedin/ si7t" da"s5 suspend the privile/e of the writ of habeas corpus. Suspension of t#e P(i"ile*e' Meanin*. Suspension of the privile/e does not suspend the writ itself5 but onl" it@s pri ilege. 'his !eans that when the court receives an application for the writ5 and it finds the petition in proper for!5 it will issue the writ as a !atter of course5 i.e.5 the court will issue an order co!!andin/ the production before the court of the person alle/edl" detained5 at a ti!e and place stated in the order5 and re<uirin/ the true cause of his detention to be shown to the court. $f the return to the writ shows that the person in custod" was apprehended and detained in areas where the privile/e of the writ has been suspended or for cri!es !entioned in the e7ecutive procla!ation5 the court will suspend further proceedin/s in the action.268 9())+ Bar Question:
-acts% Clai!in/ the" were ille/all" arrested without an" warrant of arrest5 petitioners sued several officers of the A-P for da!a/es. 'he officers of the A-P ar/ued that the action was barred since the suspension of the privile/e of the writ of habeas corpus precluded 3udicial in<uir" into the le/alit" of their detention. 0el!% 'he contention of A-P officers has not !erit. 'he suspension of the privile/e of the writ of habeas corpus does not render valid an otherwise ille/al arrest or detention. W#at is suspen!e! is &e(el)
&44
A. /ene(al Li&itations on t#e powe( to suspen! t#e p(i"ile*e (. 'i!e li!it of >C da"s 1. ,eview and possible revocation b" Con/ress 2. ,eview and possible nullification b" SC26+ B. To w#o& Applica le 'he suspension of the privile/e of the writ shall appl" onl" to persons 3udiciall" char/ed for rebellion or offenses inherent in or directl" connected with invasion. :. Effect on Applica le Pe(sons Durin/ the suspension of the privile/e of the writ5 an" person thus arrested or detained shall be 3udiciall" char/ed within three da"s5 otherwise he shall be released. 9Article V$ Section (*: 'he suspension of the privile/e of the writ does not i!pair the ri/ht to bail. 9Article $$$ Section (2: 8. D/(oun!sE -actual Bases fo( Suspen!in* t#e P(i"ile*e 9())+ Bar Question: (. $n case of invasion or rebellion 1. hen the public safet" re<uires it 7. Du(ation. Dot to e7ceed si7t" da"s5 followin/ which it shall be lifted5 unless e7tended b" Con/ress. 6. -ou( Wa)s to Lift t#e Suspension (. Liftin/ b" the President hi!self 1. ,evocation b" Con/ress 2. Dullification b" the Supre!e Court 6. B" operation of law after >C da"s 3J. Dut) of t#e P(esi!ent ithin fort"Eei/ht hours fro! the procla!ation of !artial law or the suspension of the privile/e of the writ of habeas corpus5 the President shall su &it a (epo(t in pe(son o( in w(itin* to t#e Con*(ess. 33. Role of Con*(ess a. Con/ress convenes b. Con/ress !a" either revo(e or 9with President@s initiative: e$ten! Con*(ess con"enes. 'he Con/ress5 if not in session5 shall5 within twent"Efour hours followin/
&4+ &4/
4oran, =ules of Court, ol. 00, 4$$. Cru), Philippine Political "aw, p. 21# (1$$% ed*.
1acinto 1imene), Political "aw Compendium, &22 (2##+ ed.* ,ernas Primer at &12 (2##+ ed.*
&4%
*>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
such procla!ation or suspension5 convene in accordance with its rules without need of a call. Con*(ess &a) (e"o9e. 'he Con/ress5 votin/ 3ointl"5 b" a vote of at least a !a3orit" of all its ;e!bers in re/ular or special session5 !a" revo.e such procla!ation or suspension5 which revocation shall not be set aside b" the President. Con*(ess &a) e@ten!. 4pon the initiative of the President5 the Con/ress !a"5 in the sa!e !anner5 e7tend such procla!ation or suspension for a period to be deter!ined b" the Con/ress5 if the invasion or rebellion shall persist and public safet" re<uires it. 32. Role of Sup(e&e Cou(t 'he Supre!e Court !a" (e"iew' in an appropriate proceedin/ filed b" an" citi0en5 the sufficienc) of t#e factual asis of the procla!ation of !artial law or the suspension of the privile/e of the writ or the e7tension thereof5 and !ust pro!ul/ate its decision thereon within thirt" da"s fro! its filin/. E. Ma(tial Law Martial 7aw, :e#inition (Lnder the '()* Constitution/ Martial 7aw, 0ature +roclamation o# Martial 7aw 6eneral 7imits on the +ower to +roclaim. 1##ects o# +roclamation o# Martial 7aw 6rounds :uration -our ,ays to 7i#t the Suspension :uty o# the +resident 9ole o# Congress 9ole o# the Supreme Court (3pen Court :octrine/ 3. Ma(tial Law' Definition. ;artial law in its strict sense refers to that law which has application when civil authorit" calls upon the !ilitar" ar! to aid it in its civil function. ;ilitar" ar! does not supersede civil authorit". ;artial law in the Philippines is i!posed b" the E7ecutive as specificall" authori0ed and within the li!its set b" the Constitution.26* 2. Ma(tial Law' Natu(e a. Essentiall" police power b. Scope of ;artial Law= -le7ible Concept ;artial law is essentiall) police powe(. 'his is borne out of the constitutional te7t which sets down Apublic safet"B as the ob3ect of the e7ercise of !artial law. Public safet" is the concern of police power.
&42
hat is peculiar5 however5 about !artial law as police power is that5 whereas police power is nor!all" a function of the le/islature e7ecuted b" the civilian e7ecutive ar!5 under !artial law5 police power is e7ercised b" the e7ecutive with the aid of the !ilitar". ;artial law is a fle7ible concept. ;artial law depends on two factual bases= 9(: the e7istence of invasion or rebellionG and 91: the re<uire!ents of public safet". Necessit' creates the conditions for !artial law and at the sa!e ti!e limits the scope of martial la . Certainl"5 the necessities created b" a state of invasion would be different fro! those created b" rebellion. Decessaril"5 therefore the de/ree and .ind of vi/orous e7ecutive action needed to !eet the var"in/ .inds and de/rees of e!er/enc" could not be identical under all conditions. (!he common denominator o# all e2ercise by an e2ecuti e o##icer o# the discretion and ?udgment normally e2ercised by a legislati e or ?udicial body./ G. P(ocla&ation of Ma(tial Law $n case of invasion or rebellion5 when the public safet" re<uires it5 Ht#e P(esi!entI !a"5 for a period not e7ceedin/ si7t" da"s5 suspend the privile/e of the writ of habeas corpus or place the Philippines or an" part thereof under !artial law. .% $s PP (C(+ actuall" a declaration of ;artial lawR A% Do. $t is !erel" an e7ercise of PG;A@s callin/Eout power for the ar!ed forces to assist her in preventin/ or suppressin/ lawless violence. $t cannot be used to 3ustif" act that onl" under a valid of declaration of ;artial Law can be done. 9David v. HEr!itaI: A. /ene(al Li&itations on t#e powe( to p(oclai& (. 'i!e li!it of >C da"s 1. ,eview and possible revocation b" Con/ress 2. ,eview and possible nullification b" SC26) B. Effects of P(ocla&ation of Ma(tial Law A State of &a(tial law !oes not= (. Suspend the operation of the Constitution 1. Supplant the functionin/ of the civil courts or le/islative asse!blies 2. Authori0e the confer!ent of 3urisdiction on !ilitar" courts and a/encies over where civil courts are able to function 6. Auto!aticall" suspend the privile/e of the writ. 9Section (*:
,ernas Commentar-, p 2/# (2##& ed*.
&4$
,ernas Primer at &12 (2##+ ed.*
*+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Con*(ess &a) e@ten!. 4pon the initiative of the President5 the Con/ress !a"5 in the sa!e !anner5 e7tend such procla!ation or suspension for a period to be deter!ined b" the Con/ress5 if the invasion or rebellion shall persist and public safet" re<uires it. 33. Role of Sup(e&e Cou(t 91CC> Bar Question: 'he Supre!e Court !a" (e"iew' in an appropriate proceedin/ filed b" an" citi0en5 the sufficienc) of t#e factual asis of the procla!ation of !artial law or the suspension of the privile/e of the writ or the e7tension thereof5 and !ust pro!ul/ate its decision thereon within thirt" da"s fro! its filin/. VIII. Powe( of E@ecuti"e Cle&enc) Po er of E$ecutive Clemenc' Purpose for the 6rant of Po er +orms of E$ecutive Clemenc' Constitutional .imits on E$ecutive Clemenc' Par!on Amnest' A!ministrative Penalties Other forms of E$ecutive Clemenc'
Section 36. E7cept in cases of i!peach!ent5 or as otherwise provided in this Constitution5 the President !a" /rant reprieves5 co!!utations5 and pardons5 and re!it fines and forfeitures5 after conviction b" final 3ud/!ent. #e shall also have the power to /rant a!nest" with the concurrence of a !a3orit" of all the ;e!bers of the Con/ress.
Open Cou(t Doct(ine. Civilians cannot be tried b" !ilitar" courts if the civil courts are open and functionin/. 9Jla/uer v. ;ilitar" Co!!ission: T#e P(esi!ent can= (!his is based on L+ and 8eda
EGG) 8ar 9e iewers> 8ut see e2cerpt #rom 8ernas Commentary/
(. 1.
Le/islate Jrder the arrest of people who obstruct the war effort.
8ernas Commentary: 'he state!ent that !artial law does not Asupplant the functionin/ of Kle/islative asse!bliesB !eans that ordinar" le/islation continues to belon/ to the le/islative bodies even durin/ !artial law. Does this mean that the martial la a!ministrator is ithout po er to le#islateD A: $n actual theater of war5 the !artial law ad!inistrator@s word is law5 within the li!its of the Bill of ,i/hts. But outside the theater of war5 the operative law is ordinar" law.
:. /(oun!sK -actual Bases fo( t#e P(ocla&ation (. $n case of invasion or rebellion 1. hen the public safet" re<uires it 8. Du(ation Dot to e7ceed si7t" da"s5 followin/ which it shall be lifted5 unless e7tended b" Con/ress. 7. -ou( Wa)s to Lift t#e P(ocla&ation (. Liftin/ b" the President hi!self 1. ,evocation b" Con/ress 2. Dullification b" the Supre!e Court 6. B" operation of law after >C da"s 6. Dut) of t#e P(esi!ent ithin fort"Eei/ht hours fro! the procla!ation of !artial law or the suspension of the privile/e of the writ of habeas corpus5 the President shall su &it a (epo(t in pe(son o( in w(itin* to t#e Con*(ess. 3J. Role of Con*(ess a. Con/ress convenes b. Con/ress !a" either revo(e or 9with President@s initiative: e$ten! Con*(ess con"enes. 'he Con/ress5 if not in session5 shall5 within twent"Efour hours followin/ such procla!ation or suspension5 convene in accordance with its rules without need of a call. Con*(ess &a) (e"o9e. 'he Con/ress5 votin/ 3ointl"5 b" a vote of at least a !a3orit" of all its ;e!bers in re/ular or special session5 !a" revo.e such procla!ation or suspension5 which revocation shall not be set aside b" the President.
A. Powe( of E@ecuti"e Cle&enc) NonH!ele*a le. 'he power of e7ecutive cle!enc" is a nonEdele/able power and !ust be e7ercised b" the President personall".28C Cle!enc" is not a function of the 3udiciar"G it is an e7ecutive function.28( 'he e7ercise of the pardonin/ power is discretionar" in the President and !a" not be controlled b" the le/islature or reversed b" the courts5 save onl" when it contravenes its li!itations.281 B. Pu(pose fo( t#e /(ant of Powe( of E@ecuti"e Cle&enc) Ratio% #u!an fallibilit" Pu(pose. 'hat Section () /ives to the President the power of e7ecutive cle!enc" is a tacit ad!ission that hu!an institutions are i!perfect and that there are infir!ities in the ad!inistration of
&%# &%1 &%2
,ernas Commentar-, p 2$& (2##& ed*. ,ernas Commentar-, p 2$2 (2##& ed*. Cru), Philippine Political "aw, p. 21% (1$$% ed*.
**
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 1##ect o# +ardon +ardon . +arole 3. Pa(!on a. hat is PardonR b. Pardon as an act of /race c. hat does pardon i!pl"R a. Act of /race which e7e!pts the individual on who! it is bestowed for! the punish!ent which the law inflicts for the cri!e he has co!!itted. . Because pardon is an act of /race5 no le/al power can co!pel the e7ecutive to /ive it. $t is an act of pure /enerosit" of the e7ecutive and it is his to /ive or to withdraw before it is co!pleted.28> Con/ress has no authorit" to li!it the effects of the President@s pardon5 or to e7clude fro! its scope an" class of offenders. Courts !a" not in<uire in to the wisdo! or reasonableness of an" pardon /ranted b" the President.28+ c. Pardon i!plies /uilt. A pardon loo.s to the future. 2. Classification of Pa(!on
3ustice. 'he power therefore e7ists as an instru!ent for co((ectin* these infi(&ities and for &iti*atin* whatever #a(s#ness !i/ht be /enerated b" a too strict application of the law. 282 $n recent "ears5 it has also been used as a bar/ainin/ chip in efforts to unif" various political forces. C. -o(&s of E@ecuti"e Cle&enc) 9()** Bar Question:
1.
Rep(ie"esE a postpone!ent of a sentence to a date certain5 or a sta" in the e7ecution. 2. Co&&utationsE reduction or !iti/ation of the penalt". &. Pa(!onsE act of /race which e7e!pts the individual on who! it is bestowed for! the punish!ent which the law inflicts for the cri!e he has co!!itted. A. Re&ission of fines B. -o(feitu(es +. A&nest)E co!!onl" denotes the ?/eneral pardon to rebels for their treason and other hi/h political offenses@. D. Li&its on E@ecuti"e Cle&enc) Constitutional Li&its on E@ecuti"e Cle&enc)% 1. $t cannot be e7ercised in cases of i&peac#&ent 2. ,eprieves5 co!!utations5 and pardons5 and re!ission of fines and forfeitures can be /iven onl" Aafter con"iction ) final +u!*&entG 2. A /rant of a!nest" !ust be with the concurrence of a A!a3orit" of all the ;e!bers of Con/ressB 4. Do pardon5 a!nest"5 parole5 or suspension of sentence for "iolation of election laws5 rules5 and re/ulations shall be /ranted b" the President without the favorable reco!!endation of CJ;ELEC.286 Ot#e( Li&itations% 1. A pardon cannot be e7tended to a person convicted of le/islative conte!pt or civil conte!pt. 1. Pardon cannot also be e7tended for the purpose of absolvin/ the pardonee of civil liabilit"5 includin/ 3udicial costs. &. Pardon will not restore offices forfeited.288 E. Pa(!on :e#inition o# +ardon Classi#ication o# +ardon Scope o# +ardon 7imitations on 12ercise ,hen Completed
&%&
1.
Plena()E E7tin/uishes all the penalties i!posed upon the offender5 includin/ accessor" disabilities. 2. Pa(tialEDoes not e7tin/uish all the penalties. &. A soluteE Jne e7tended without an" strin/s attached. 4. Con!itionalE Jne under which the convict is re<uired to co!pl" with certain re<uire!ents. a. Pa(!onee &a) (e+ect con!itional pa(!on. here the pardon is conditional5 the offender has the ri/ht to re3ect the sa!e since he !a" feel that the condition i!posed is !ore onerous than the penalt" sou/ht to be re!itted28* b. Con!ition' lawful. $t is necessar" that the condition should not be contrar" to an" provision of law.28) c. Con!ition' coHe@tensi"e. 'he condition of the pardon shall be coE e7tensive with the penalt" re!itted. #ence5 if the condition is violated after the e7piration of the re!itted penalt"5 there can no lon/er be violation of the conditional pardon.
,ernas Primer at &2# (2##+ ed.* Cru), Philippine Political "aw, p. 21% (1$$% ed*. ,ernas Primer at &2# (2##+ ed.*
&%4 &%%
&%+
&%/
,ernas Commentar-, p 2$& (2##& ed*. Cru), Philippine Political "aw, p. 21+ (1$$% ed*.
,ernas Commentar-, p 2$4 (2##& ed*. !inco, Philippine Political "aw, p 221 (1$%4ed*. &%2 Cru), Philippine Political "aw, p. 21/ (1$$% ed*. &%$ !inco, Philippine Political "aw, p 221 (1$%4ed*.
*)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA conse<uence 3ud/!ent.2>6 of the conviction and
d.
,hen the condition is that the recipient o# the pardon should not iolate any o# the penal laws, who determines whether penal laws ha e been iolatedR Must the recipient o# pardon undergo trial and be con icted #or the new o##ensesM 'he rule that is followed is that the acceptance of the conditions of the pardon i!ports the acceptance of the condition that the President will also deter!ine whether the condition has been violated. 9'orres v. Gon0ales5 (81 SC,A 1+1 9()*+:: 9())+5 1CC8 Bar Question: G. Scope of Pa(!on2>C $n /rantin/ the President the power of e7ecutive cle!enc"5 the Constitution does not distin/uish between cri!inal and ad!inistrative cases. 9Lla!as v. Jrbos: Pardon is onl" /ranted after conviction of final 3ud/!ent. A convict who has alread" served his prison ter! !a" still be e7tended a pardon for the purpose of relievin/ hi! of whatever accessor" liabilities have attached to his offense.2>( A. Li&itations on E@e(cise of Pa(!on Constitutional Li&itations 1. $t cannot be e7ercised in cases of i&peac#&ent 2. ,eprieves5 co!!utations5 and pardons5 and re!ission of fines and forfeitures can be /iven onl" Aafter con"iction ) final +u!*&entG &. Do pardon5 a!nest"5 parole5 or suspension of sentence for "iolation of election laws5 rules5 and re/ulations shall be /ranted b" the President without the favorable reco!!endation of CJ;ELEC.2>1 Ot#e( Li&itations% (. A pardon cannot be e7tended to a person convicted of le/islative conte!pt or civil conte!pt. 1. Pardon cannot also be e7tended for the purpose of absolvin/ the pardonee of civil liabilit"5 includin/ 3udicial costs. &. Pardon will not restore offices forfeited2>2 or propert" or interests vested in others in
&+4
B. W#en Act of Pa(!on Co&plete! Con!itional" A pardon !ust be delivered to and accepted b" the offender before it ta.es effect. ,eason= 'he reason for re<uirin/ acceptance of a pardon is the need for protectin/ the welfare of its recipient. 'he condition !a" be less acceptable to hi! than the ori/inal punish!ent5 and !a" in fact be !ore onerous.2>8 A%solute" 8ernas sub!its that acceptance b" the conde!ned is re<uired onl" when the offer of cle!enc" is not without encu!brance.2>> 9())8 Bar Question: Note% A pardon obtained b" fraud upon the pardonin/ power5 whether b" !isrepresentation or b" suppression of the truth or b" an" other i!position5 is absolutel" void.2>+ :. Effects of Pa(!on a. ,elieves cri!inal liabilit"2>* b. Does not absolve civil liabilities c. Does not restore public offices alread" forfeited5 althou/h eli/ibilit" for the sa!e !a" be restored. a. As to puniti"e conseMuences an! fines in fa"o( of *o"e(n&ent. Pardon relieves a part" fro! all punitive conse<uences of his cri!inal act. Pardon will have the effect of re!ittin/ fines and forfeitures which otherwise will inure to the interests of the /overn!ent itself. . As to ci"il lia ilities pe(tainin* to p(i"ate liti*ants. Pardon will not relieve the pardonee of the civil liabilit" and such other clai!s5 as !a" pertain to private liti/ants. c. As Re*a(!s Reinstate&ent% i. Jne who is /iven pardon has no de!andable ri/ht to reinstate!ent. #e !a" however be reappointed. 9;onsanto v. -actoran5 ()*): 93nce reinstated, he may be gi en his #ormer rank. See Sabello . :ept. o# 1ducation, '()(, 8ernas +rimer at 4EE: ii. #owever5 if a pardon is /iven because he was ac<uitted on the /round that he did not co!!it the cri!e5 then reinstate!ent and bac.wa/es would be due. 9Garcia v. CJA5 ())2:
!inco, Philippine Political "aw, p 22& (1$%4ed*. ,ernas Commentar-, p 2$4 (2##& ed*.
&+# &+1 &+2 &+&
1acinto 1imene), Political "aw Compendium &2& (2##+ ed.* Cru), Philippine Political "aw, p. 212 (1$$% ed*. ,ernas Commentar-, p 2$& (2##& ed*. Cru), Philippine Political "aw, p. 21+ (1$$% ed*.
&+% &++
&+/
,ernas Commentar-, p 2$% (2##& ed*. !inco, Philippine Political "aw, p 22& (1$%4ed*. &+2 !inco, Philippine Political "aw, p 22+ (1$%4ed*.
)C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA A. Effect of Application
$n order that a pardon !a" be utili0ed as a defense in subse<uent 3udicial proceedin/s5 it is necessar" that it !ust be pleaded.2>) 8. Pa(!on ". Pa(ole Parole involves onl" a release of the convict fro! i!prison!ent but not a restoration of his libert". 'he parolee is still in the custod" of the law althou/h no lon/er under confine!ent5 unli.e the pardonee whose sentence is condoned5 sub3ect onl" to reinstate!ent in case of violation of the condition that !a" have been attached to the pardon.2+C -. A&nest) :e#inition 0ature !ime o# Application 1##ect o# Application 1##ects o# 6rant o# Amnesty 9e%uirements +ardon . Amnesty !a2 Amnesty 3. Definition of A&nest) Grant of /eneral pardon to a class of political offenders either after conviction or even before the char/es are filed. $t is the for! of e7ecutive cle!enc" which under the Constitution !a" be /ranted b" the e7ecutive onl" with the concurrence of the le/islature.2+( 2. Natu(e $t is essentiall" an e7ecutive act and not a le/islative act.2+1 9'hou/h concurrence of Con/ress is needed: 9Accordin/ to Sinco citin/ Brown v. al.er5 (>( 4S 8)(5 Con/ress is not prohibited fro! passin/ acts of /eneral a!nest" to be e7tended to persons before conviction.:2+2 G. Ti&e of ApplicationG8A 9())8 Bar Question: A!nest" !a" be /ranted before or after the institution of cri!inal prosecution and so!eti!es even after conviction. 9People v. Casido5 1>* SC,A 2>C:
&+$
B" appl"in/ for a!nest"5 the accused !ust be dee!ed to have ad!itted the accusation a/ainst hi!. 9People v. Sali/5 (22 SC,A 8): B. Effects of t#e /(ant of A&nest) Cri!inal liabilit" is totall" e7tin/uished b" a!nest"G the penalt" and all its effects are thus e7tin/uished. 9See Article *) of ,PC: $t has also been held that when a detained convict clai!s to be covered b" a /eneral a!nest"5 his proper re!ed" is not habeas corpus petition. $nstead5 he should sub!it his case to the proper a!nest" board.2+8 :. ReMuisites 9())2 Bar Question: (. Concurrence of a !a3orit" of all the !e!bers of Con/ress 9Section (): 1. 'here !ust be a previous ad!ission of /uilt. 9Vera v. People: 8. Pa(!on ". A&nest) Pa(!on Addressed to JD$DA,T offenses Granted to $DD$V$D4ALS Conditional pardon !ust be accepted Do need for con/ressional concurrence Private act of the President Pardon loo.s forward. Jnl" penalties are e7tin/uished. Civil inde!nit" is not e7tin/uished. Jnl" /ranted after conviction of final 3ud/!ent A&nest) Addressed to PJL$'$CAL offenses Granted to a CLASS of persons Deed not be Accepted ,e<uires con/ressional concurrence A public act5 sub3ect to 3udicial notice A!nest" loo.s bac.ward E7tin/uishes the offense itself2+> ;a"be /ranted before or after conviction
8. Ta@ A&nest) a. Le/al Dature b. Deeds Concurrence of Con/ress a. Le*al Natu(e. 'a7 a!nest" is a /eneral pardon or intentional overloo.in/ of its authorit" to i!pose penalties on persons otherwise /uilt" of evasion or violation of revenue or ta7 law5 Hand as suchI parta.es of an absolute for/iveness or waiver b" the Govern!ent of its ri/ht to collect what
&/% &/+
!inco, Philippine Political "aw, p 22& (1$%4ed*.
&/#
&/1
Cru), Philippine Political "aw, p. 22# (1$$% ed*. ,ernas Commentar-, p 2$/ (2##& ed*. &/2 ,ernas Commentar-, p 2$2 (2##& ed*. &/& !inco, Philippine Political "aw, p 22% (1$%4ed*.
&/4
1acinto 1imene), Political "aw Compendium &2% (2##+ ed.*
,ernas Commentar-, p $#1 (2##& ed*. See ,ernas Commentar-, p 2$$ (2##& ed*.
)(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Po er to contract or #uarantee forei#n loans Dut' of the Monetar' )oar!
Section 2J. 'he President !a" contract or /uarantee forei/n loans on behalf of the ,epublic of the Philippines with the prior concurrence of the ;onetar" Board5 and sub3ect to such li!itations as !a" be provided b" law. 'he ;onetar" Board shall5 within thirt" da"s fro! the end of ever" <uarter of the calendar "ear5 sub!it to the Con/ress a co!plete report of its decision on applications for loans to be contracted or /uaranteed b" the Govern!ent or /overn!entEowned and controlled corporations which would have the effect of increasin/ the forei/n debt5 and containin/ other !atters as !a" be provided b" law.
otherwise would be due it. 9,epublic v. $AC5 ())(:2++ . Nee!s Concu((ence of Con*(ess. 8ernas sub!its that the President cannot /rant ta7 a!nest" without the concurrence of Con/ress.2+* /. Ot#e( -o(&s of E@ecuti"e Cle&enc) Grant of reprieves5 co!!utations and re!ission of fines and forfeitures are e7plicit in the Constitution. 3. Rep(ie"e A reprieve is a postpone!ent of a sentence to a date certain5 or a sta" in the e7ecution. 2. Co&&utation Co!!utation is a re!ission of a part of the punish!entG a substitution of a less penalt" for the one ori/inall" i!posed. Co!!utation does not have to be in an" for!. 'hus5 the fact that a convict was released after si7 "ears and placed under house arrest5 which is not a penalt"5 alread" leads to the conclusion that the penalt" have been shortened. 9Drilon v. CA: Co!!utation is a pardon in for! but not in substance5 because it does not affect his /uiltG it !erel" reduces the penalt" for reasons of public interest rather than for the sole benefit of the offender. $n short5 while a pardon reaches Aboth punish!ent prescribed for the offense and /uilt of the offender5B a co!!utation !erel" reduces the punish!ent.2+) G. Re&ission ,e!ission of fines and forfeitures !erel" prevents the collection of fines or the confiscation of forfeited propert"G it cannot have the effect of returnin/ propert" which has been vested in third parties or !one" alread" in the public treasur".2*C 'he power of the Chief E7ecutive to re!it fines and forfeitures !a" not be li!ited b" an" act of Con/ress.2*( But a statute !a" validl" authori0e other officers5 such as depart!ent heads or bureau chiefs5 to re!it ad!inistrative fines and forfeitures.2*1 II. Bo((owin* Powe(
&// &/2
A. Powe( to cont(act o( *ua(antee fo(ei*n loans 9e%uirements 9eason #or Concurrence ,hy the Monetary 8oard Spouses Constantino . Cuisia 3. ReMui(e&ents 9())6 Bar Question: 'he President !a" contract or /uarantee forei/n loans on behalf of the ,epublic of the Philippines= 1. ith the prior concurrence of the ;onetar" Board5 and 2. Sub3ect to such li!itations as !a" be provided b" law 2. Reason fo( Concu((ence A President !a" be te!pted to contract or /uarantee loans to subsidi0e his pro/ra! of /overn!ent and leave it to succeedin/ ad!inistration to pa". Also5 it will enable forei/n lendin/ institutions to i!pose conditions on loans that !i/ht i!pair our econo!ic and even political independence.2*2 G. W#) t#e Moneta() Boa(!. Because the ;onetar" Board has e7pertise and consistenc" to perfor! the !andate since such e7pertise or consistenc" !a" be absent a!on/ the ;e!bers of Con/ress.2*6 A. Spouses Constantino ". Cuisia D2JJBE Q= 'he financin* p(o*(a& for forei/n loans instituted b" the President e7tin/uished portions of the countr"@s preEe7istin/ loans throu/h either debt bu"bac. or bondEconversion. 'he bu"Ebac. approach essentiall" preEter!inated portions of public debts while the bond conversion sche!e e7tin/uished public debts throu/h the obtention of a new loan b" virtue of a soverei/n bond issuance5 the proceeds of which in turn were used for ter!inatin/ the ori/inal loan. Petitioners contend that bu"bac. or bond conversion are not authori0ed b" Article V$$5 Section 1C.
&2&
&24
,ernas Primer at &2& (2##+ ed.* ,ernas Primer at &2& (2##+ ed.* &/$ !inco, Philippine Political "aw, p 224 (1$%4ed*. &2# ,ernas Commentar-, p $#1 (2##& ed*. &21 !inco, Philippine Political "aw, p 22% (1$%4ed*. &22 !inco, Philippine Political "aw, p 224 (1$%4ed*.
Cru), Philippine Political "aw, p. 22& (1$$% ed*. ,ernas Primer at &2% (2##+ ed.*
)1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA spea. or listenB for the nation in the broad field of e7ternal affairs.2*) B. -o(ei*n Relations Powe(s of t#e P(esi!ent (. 'he power to ne/otiate treaties and international a/ree!entsG 1. 'he power to appoint a!bassadors and other public !inisters5 and consulsG 2. 'he power to receive a!bassadors and other public !inisters accredited to the PhilippinesG 6. 'he power to contract and /uarantee forei/n loans on behalf of the ,epublicG %. 'he power to deport aliens.2)C
A= 'he lan/ua/e of the Constitution is si!ple and clear as it is broad. $t allows the President to contract and /uarantee forei/n loans. $t !a.es no prohibition on the issuance of certain .inds of loans or distinctions as to which .inds of debt instru!ents are !ore onerous than others. 'his Court !a" not ascribe to the Constitution the !eanin/s and restrictions that would undul" burden the powers of the President. T#e plain' clea( an! una& i*uous lan*ua*e of t#e Constitution s#oul! e const(ue! in a sense t#at will allow t#e full e@e(cise of t#e powe( p(o"i!e! t#e(ein. $t would be the worst .ind of 3udicial le/islation if the courts were to construe and chan/e the !eanin/ of the or/anic act.2*8 B. Dut) of t#e Moneta() Boa(! :uty o# M8 9eason #or 9eporting 3. Dut) 'he ;onetar" Board shall5 within thirt" da"s fro! the end of ever" <uarter of the calendar "ear5 su &it to t#e Con*(ess a co&plete (epo(t of its decision on applications for loans to be contracted or /uaranteed b" the Govern!ent or /overn!entE owned and controlled corporations which would have the effect of increasin/ the forei/n debt5 and containin/ other !atters as !a" be provided b" law. 2. Reason fo( Repo(tin* $n order to allow Con/ress to act on whatever le/islation !a" be needed to protect public interest.2*>
+. /.
'he power to decide that a diplo!atic officer who has beco!e persona non grata be recalled.2)( 'he power to reco/ni0e /overn!ents and withdraw reco/nition2)1
C. Sou(ce of Powe( 'he e7tensive authorit" of the President in forei/n relations in a /overn!ent patterned after that of the 4S proceeds fro! two /eneral sources= (. 'he Constitution 1. 'he status of soverei/nt" and independence of a state. $n other words5 the President derives his powers over the forei/n affairs of the countr" not onl" fro! specific provisions of the Constitution but also fro! custo!s and positive rules followed b" independent states in accordance with international law and practice.2)2 D. Concu((ence of Senate ,hen Concurrence o# Senate 0eeded ,hen Concurrence o# Senate 0ot 0eeded Scope o# +ower to Concur !reaty
Section 23. Do treat" or international a/ree!ent shall be valid and effective unless concurred in b" at least twoEthirds of all the ;e!bers of the Senate.
I. -o(ei*n Affai(s Powe(1Diplo&atic Powe( ,he Presi!ent an! +orei#n Affairs Po er +orei#n Relations Po ers of the Presi!ent Source of Po er Concurrence %' the Senate ,reaties v& E$ecutive A#reements Po er to Deport *u!icial Revie A. T#e P(esi!ent an! -o(ei*n Affai(s Powe(s As head of State5 the President is supposed to the spo.es!an of the nation on e7ternal affairs.2*+ 'he conduct of e7ternal affairs is e7ecutive alto/ether.2** #e is the sole or/an authori0ed Ato
&2%
3. W#en Concu((ence of Senate Nee!e! Concurrence of at leas 1%2 of all the !e!bers of Senate is need for the validit" and effectivit" of= 1. 'reaties of whatever .ind5 whether bilateral or !ultilateral.2)6
&2$
&$#
!inco, Philippine Political "aw, p 2$2 (1$%4ed*. ,ernas Primer at &2+ (2##+ ed.* ,ernas Commentar-, p $1# (2##& ed*.
&$1 &$2 &$& &$4
!pouses Constantino v. Cuisia! @.=. 1#+#+4, ;ctober 1&, 2##%3 See ,ernas Primer at &2+ (2##+ ed.* &2+ ,ernas Primer at &2% (2##+ ed.*
&2/
&22
,ernas Commentar-, p $1# (2##& ed*3 !inco, Philippine Political "aw, p &#+ (1$%4ed*. !inco, Philippine Political "aw, p 24& (1$%4ed*. ,ernas Commentar-, p 2$4 (2##& ed*. :ote that a treat- which has become customar- law ma- become part of Philippine law b- incorporation through Article 2 !ection. 7asm
Cru), Philippine Political "aw, p. &2& (1$$% ed*. Cru), Philippine Political "aw, p. &2& (1$$% ed*.
)2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
2.
$nternational A/ree!ents 9that which are per!anent and ori/inal:
2.
$t is a law for the people of each state to observe 9!unicipal law:2)*
2. W#en Concu((ence of Senate Not Nee!e! 91CC2 Bar Question: Less for!al t"pes of international a/ree!entsG A/ree!ents which are te!porar" or are !ere i!ple!entations of treaties or statutes do not need concurrence.2)8 G. Scope of Powe( to Concu( 'he power to ratif" is vested in the President sub3ect to the concurrence of Senate. 'he role of the Senate5 however5 is li!ited onl" to /ivin/ or withholdin/ its consent or concurrence5 to the ratification. #ence5 it is within the authorit" of the President to refuse to sub!it a treat" to the Senate. Althou/h the refusal of a state to ratif" a treat" which has been si/ned in his behalf is a serious step that should not be ta.en li/htl"5 such decision is within the co!petence of the President alone5 which cannot be encroached b" the Court via a writ of !anda!us. 9Pi!entel v. E7ecutive Secretar"5 1CC8: 'he power of the Senate to /ive its concurrence carries with it the ri/ht to introduce a!end!ents to a treat". 2)> I# the +resident does not agree to any amendments or reser ations added to a treaty by the Senate, his only recourse is to drop the treaty entirely. 8ut i# he agrees to the changes, he may persuade the other nation to accept and adopt the modi#ications. A. T(eat) :e#inition !wo 6eneral Steps 1##ects o# !reaties !ermination o# !reaties a. Definition. 'reat" is an international a/ree!ent concluded between States in written for! and /overned b" international law5 whether e!bodied in a sin/le instru!ent or in two or !ore related instru!ents and whatever desi/nation. 9()>) Vienna Convention on the Law of 'reaties: . Two /ene(al Steps (. De/otiationE #ere the President alone has authorit" 2. 'reat" Approval2)+ c. Effect of T(eaties (. Contract between states as parties
E. T(eaties ". E@ecuti"e A*(ee&ents (. $nternational a/ree!ents which involve political issues or chan/es of national polic" and those involvin/ international arran/e!ents of a per!anent character ta.e the for! or a treat"G while international a/ree!ents involvin/ ad3ust!ent of details carr"in/ out well established national policies and traditions and involvin/ arran/e!ents of a !ore or less te!porar" nature ta.e the for! of e7ecutive a/ree!ents 1. $n treaties5 for!al docu!ents re<uire ratification5 while e7ecutive a/ree!ents beco!e bindin/ throu/h e7ecutive action. 9Co!!issioner of Custo!s v. Eastern Sea 'radin/ 2 SC,A 28(: -. Powe( to Depo(t 'he power to deport aliens is lod/ed in the President. $t is sub3ect to the re/ulations prescribed in Section >) of the Ad!inistrative Code or to such future le/islation as !a" be pro!ul/ated. 9$n re ;cClloch Dic.5 2* Phil. 6(: 'he ad3udication of facts upon which the deportation is predicated also devolves on the Chief E7ecutive whose decisions is final and e7ecutor". 9'an 'on/ v. Deportation Board5 )> Phil )265 )2> 9()88:: /. 4u!icial Re"iew 'reaties and other international a/ree!ents concluded b" the President are also sub3ect to chec. b" the Supre!e Court5 which has the power to declare the! unconstitutional. 9Art. V$$$5 Section 6: II. Bu!*eta() Powe( )u!#etar' Po er ,he )u!#et 6overnment )u!#etar' Process Con#ress Ma' Not Increase Appropriations
Section 22. 'he President shall sub!it to the Con/ress within thirt" da"s fro! the openin/ of ever" re/ular session5 as the basis of the /eneral appropriations bill5 a bud/et of e7penditures and sources of financin/5 includin/ receipts fro! e7istin/ and proposed revenue !easures.
A. Bu!*eta() Powe( 'his power is properl" entrusted to the e7ecutive depart!ent5 as it is the President who5 as chief
&$2
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,ernas Primer at &2+ (2##+ ed.* &$+ . !inco, Philippine Political "aw, p 2$$ (1$%4ed*. &$/ !inco, Philippine Political "aw, p 2$$ (1$%4ed*.
!inco, Philippine Political "aw, p &## (1$%4ed*.
)6
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA which is delivered at the openin/ of the re/ular session of the le/islature.6C6
ad!inistrator and enforcer of laws5 is in best position to deter!ine the needs of the /overn!ent and propose the correspondin/ appropriations therefor on the basis of e7istin/ or e7pected sources of revenue.2)) B. T#e Bu!*et 'he u!*et of (eceipts an! e@pen!itu(es prepared b" the President is the basis for the /eneral appropriation bill passed b" the Con/ress.6CC 'he phrase Asources of financin/B has reference to sources other than ta7ation.6C( C. /o"e(n&ent Bu!*eta() P(ocess 'he co!plete /overn!ent bud/etar" process has been /raphicall" described as consistin/ of four !a3or phases= (. Bud/et Preparation 1. Le/islative Authori0ation 2. Bud/et E7ecution 4. Bud/et Accountabilit"6C1 D. Con*(ess Ma) Not Inc(ease App(op(iations 'he Con/ress !a" not increase the appropriations reco!!ended b" the President for the operation of the Govern!ent as specified in the bud/et. 9Article V$ Section 189(:: III. Info(&in* Powe(s Not Man!ator' State of the Nation A!!ress
Section 2G. 'he President shall address the Con/ress at the openin/ of its re/ular session. #e !a" also appear before it at an" other ti!e.
A. Not Man!ato() Althou/h couched in !andator" lan/ua/e5 the first sentence of this provision does not as a rule i!pose a co!pellable dut" on the President.6C2 B. State of t#e Nation A!!(ess 'he President usuall" dischar/es the infor!in/ power throu/h the stateEofEtheEnation address5
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4##
Cru), Philippine Political "aw, p. 224 (1$$% ed*. ,ernas Primer at &2$ (2##+ ed.* 4#1 ,ernas Commentar-, p $12 (2##& ed*.
4#2 4#&
@uingona v. Carague, 1$+ !C=A 221 (1$$1*3 ,ernas Commentar-, p $12 (2##& ed*. Cru), Philippine Political "aw, p. 22% (1$$% ed*.
4#4
Cru), Philippine Political "aw, p. 22+ (1$$% ed*.
)8
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 6. 'he appellate 3urisdiction of the Supre!e Court !a" not be increased b" law without its advice or concurrence. 9art. > Q2C: 8. Appointees to the 3udiciar" are now no!inated b" the &udicial and Bar Council and no lon/er sub3ect to confir!ation b" Co!!ission on Appoint!ents. 9art. * Q): +. 'he Supre!e Court now has ad!inistrative supervision over all lower courts and their personnel. 9art. * Q>: +. 'he Supre!e Court has e7clusive power to discipline 3ud/es of lower courts. 9art * Q((: *. 'he !e!bers of the Supre!e Court and all lower courts have securit" of tenure5 which cannot be under!ined b" a law reor/ani0in/ the 3udiciar". 9art. * Q((: ). 'he" shall not be desi/nated to an" a/enc" perfor!in/ <uasiE3udicial or ad!inistrative functions. 9art. * Q(1: 1#. 'he salaries of 3ud/es !a" not be reduced durin/ their continuance in office. 9art. * Q(C: ((. 'he 3udiciar" shall en3o" fiscal autono!" 9art *Q2: (1. Jnl" the Supre!e Court !a" order the te!porar" detail of 3ud/es 9art * Q892:: (2. 'he Supre!e Court can appoint all officials and e!plo"ees of the 3udiciar". 9art. * Q89>::
Section G. 'he &udiciar" shall en3o" fiscal autono!". Appropriations for the &udiciar" !a" not be reduced b" the le/islature below the a!ount appropriated for the previous "ear and5 after approval5 shall be auto!aticall" and re/ularl" released.
4$DICIAL DEPARTMENT
I& *?DICIA. DEPAR,MEN, II& *?DICIA. POWER9Section (: III& *?RISDIC,ION 9Section 1: IV& ,HE S?PREME CO?R,9Sections 65 +E(1: V& POWERS O+ ,HE S?PREME CO?R, 9Sections 85>5 ((5 (>: VI& *?DICIA. REVIEW VII& DECIDIN6 A CASE 9Sections 65(2E(8: VIII& O,HER CO?R,S
I. 4u!icial Depa(t&ent Composition Common Provisions In!epen!ence of *u!iciar' A. Co&position 'he Supre!e Court and all lower courts !a.e up the 3udicial depart!ent of our /overn!ent.6C8 B. Co&&on P(o"isions
1.
&udiciar" 9See Section 2:
$ndependence Con/ressional Separation General
of
2.
Jversi/ht 9Section 1:
&.
Powers 9Section (1:
of ,ules
4.
9Section (6:
%.
Case 9Section (8:
Period to Decide
C. In!epen!ence of 4u!icia() 91CCC Bar Question: 'o !aintain the independence of the 3udiciar"5 the followin/ safe*ua(!s have been e!bodied in the Constitution=6C> 1. 'he Supre!e Court is a constitutional bod". $t cannot be abolished nor !a" its !e!bership or the !anner of its !eetin/ be chan/ed b" !ere le/islation. 9art * Q1: 1. 'he !e!bers of the Supre!e Court !a" not be re!oved e7cept b" i!peach!ent. 9art. ) Q1: 2. 'he SC !a" not be deprived of its !ini!u! ori/inal and appellate 3urisdiction as prescribed in Article S5 Section 8. 9art. * Q1:
9())) Bar Question: -iscal autono&) !eans freedo! fro! outside control.As envisioned in the Constitution5 fiscal autono!" en3o"ed b" the &udiciar"Kconte!plates a /uarantee of full fle$i%ilit' to allocate an! utili1e their resources with the wisdo! and dispatch that their needs5 re<uire. -iscal autono!" reco/ni0es the power and authorit" to (a/ le y, assess and collect #ees5 9b: fi7 rates of co!pensation not e7ceedin/ the hi/hest rates authori0ed b" law for co!pensation5 and 9c: pa" plans of the /overn!ent and allocate or disburse such su!s as !a" be provided b" law or prescribed b" the! in the course of the dischar/e of their functions. 'he i!position of restrictions and constraints on the !anner the HSupre!e CourtI allocate and utili0e the funds appropriated for their operations is anathe!a to fiscal autono!" and violative of the e7press !andate of the Constitution and of the independence and separation of powers. 9Ben/0on v. Drilon:
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Cru), Philippine Political "aw, p. 2&1 (1$$% ed*. Cru), Philippine Political "aw, p. 22$ (1$$% ed*.
)>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA An accused who has been convicted b" final 3ud/!ent still possesses collateral ri/hts and these ri/hts can be clai!ed in the appropriate courts He./. death convict who beco!es insane after his final conviction cannot be e7ecuted while in a state of insanit"I 'he suspension of death sentence is an e7ercise of 3udicial power. $t is not usurpation of the presidential power of reprieve thou/h the effect is the sa!eE the te!porar" suspension of the e7ecution of the death convict.B 9Eche/ara" v. Sec. of &ustice5 ())): D. Li&it on 4u!icial Powe( 9(: Courts !a" not assu!e to perfor! nonE3udicial functions. 91: $t is not the function of the 3udiciar" to /ive advisor" opinion 92: &udicial power !ust so!eti!es "ield to separation of powers5 political <uestions and enrolled bill rule. 3. B" the principle of separation of powers5 courts &a) neit#e( atte&pt to assu&e no( e co&pelle! to pe(fo(& nonH+u!icial functions.6(( 'hus5 a court !a" not be re<uired to act as a board of arbitrators 9;anila Electric Co. v. Pasa" 'ransportation 9()21:. Dor !a" it be char/ed with ad!inistrative functions e7cept when reasonabl" incidental to the fulfill!ent of official duties. 9Doble3as v. 'ehan.ee: Deither is it@s the function of the 3udiciar" to /ive advisor" opinions. 2. A!"iso() Opinions. An a!"iso() opinion is an opinion issued b" a court that does not have the effect of resolvin/ a specific le/al case5 but !erel" advises on the constitutionalit" or interpretation of a law. 'he nature of 3udicial power is also the foundation of the principle that it is not the function of the 3udiciar" to /ive advisor" opinion.6(1 $f the courts will concern itself with the !a.in/ of advisor" opinions5 there will be loss of 3udicial presti/e. 'here !a" be less than full respect for court decisions. Decla(ato() Opinions. 4u!*&ent ". A!"iso()
Reason. -iscal autono!" is /ranted to the Supre!e Court to stren/then its autono!".6C+ 'he provision is intended to re!ove courts fro! the !erc" and caprice5 not to sa" vindictiveness5 of the le/islature when it considers the /eneral appropriations bill.6C* II. 4u!icial Powe( Where Veste! Definition Scope Intrinsic .imit on *u!icial Po er 6rave A%use of Discretion Role of .e#islature in *u!icial Process
Section 3. 'he 3udicial power shall be vested in one Supre!e Court and in such lower courts as !a" be established b" law. &udicial power includes the dut" of the courts of 3ustice to settle actual controversies involvin/ ri/hts which are le/all" de!andable and enforceable5 and to deter!ine whether or not there has been a /rave abuse of discretion a!ountin/ to lac. or e7cess of 3urisdiction on the part of an" branch or instru!entalit" of the Govern!ent.
A. 4u!icial Powe( W#e(e Veste! 9()*) Bar Question: &udicial power shall be vested in one Supre!e Court and in such lower courts as !a" be established b" law. 9Section ( par. (: B. Definition of 4u!icial Powe( 9())6 Bar Question: T(a!itional Concept% &udicial power includes the dut" of the courts of 3ustice to settle actual controversies involvin/ ri/hts which are le/all" de!andable and enforceable. 9Section (5 1nd sentence: B(oa!ene! Concept% Dut" to deter!ine whether Hor notI there has been a /rave abuse of discretion a!ountin/ to lac. or e7cess of 3urisdiction on the part" of an" branch or instru!entalit" of the Govern!ent. 9Section (5 1nd sentence: C. Scope of 4u!icial Powe( 9()*) Bar Question: &udicial power is the !easure of the allowable scope of 3udicial action.6C) 'he use of the word AincludesB in Section ( connotes that the provision is not intended to be an e7haustive list of what 3udicial power is.6(C
Decla(ato() 4u!*&ent $nvolves real parties with real conflictin/ interests
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,ernas Primer at &&+ (2##+ ed.* Cru), Philippine Political "aw, p. 2&/ (1$$% ed*. ,ernas Commentar-, p $14 (2##& ed*. ,ernas Commentar-, p $1$ (2##& ed*.
411 412
4#2 4#$
41#
&ud/!ent is a final one forever bindin/ on the parties. ,ernas Commentar-, p $1+ (2##& ed*. ,ernas Commentar-, p $21 (2##& ed*.
A!"iso() Opinions ,esponse to a le/al issue posed in the abstract in advance of an" actual case in which it !a" be presented Binds no one
)+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
A 3udicial act
Dot a 3udicial act6(2
G. 'he ?broadened concept@ of 3udicial power is not !eant to do awa" with the political <uestions doctrine itself. 'he concept !ust so!eti!es "ield to sepa(ation of powe(s5 to the doctrine on Apolitical MuestionsB or to the Aen(olle! illB rule.6(6 E. /(a"e A use Clause
A'o deter!ine whether or not there has been a /rave abuse of discretion a!ountin/ to lac. or e7cess of 3urisdiction on the part of an" branch or instru!entalit" of the Govern!entB
such proceedin/. 9Channie 'an v. ,epublic5 (C+ Phil >21 9()>C:: An award of honors to a student b" a board of teachers !a" not be reversed b" a court where the awards are /overned b" no applicable law. 9Santia/o &r. v. Bautista: Dor !a" courts reverse the award of a board of 3ud/es in an oratorical contest. 9-elipe v. Leuterio5 )( Phil 6*1 9()81::.6() III. 4u(is!iction Definition Scope Role of Con#ress
Section 2. 'he Con/ress shall have the power to define5 prescribe5 and apportion the 3urisdiction of the various courts but !a" not deprive the Supre!e Court of its 3urisdiction over cases enu!erated in Section 8 hereof. Do law shall be passed reor/ani0in/ the &udiciar" when it underE!ines the securit" of tenure of its ;e!bers.
Dot ever" abuse of discretion can be the occasion for the Court to co!e in b" virtue of the second sentence of Section (. $t !ust be A/rave abuse of discretion a!ountin/ to lac. or e7cess of 3urisdiction.B6(8 'here is /rave abuse of discretion= 9(: when an act done contrar" to the Constitution5 the law5 or 3urisprudence5 or (2* it is e7ecuted whi!sicall"5 capriciousl"5 arbitraril" out of !alice5 ill will or personal bias. 9$nfotech v. CJ;ELEC5 1CC6: A/ain5 the ?broadened concept@ of 3udicial power is not !eant to do awa" with the political <uestions doctrine itself. 'he concept !ust so!eti!es "ield to separation of powers5 to the doctrine on Apolitical <uestionsB or to the Aenrolled billB rule.6(> 9())8 Bar Question: ,ule >8 e!bodies the Grave Abuse Clause.6(+ -. Role of Le*islatu(e in 4u!icial P(ocess Althou/h 3udicial power is vested in the 3udiciar"5 the proper e7ercise of such power re<uires prior le/islative action= (. Definin/ such enforceable and de!andable ri/htsG and 2. Deter!inin/ the court with 3urisdiction to hear and decide controversies or disputes arisin/ fro! le/al ri/hts.6(* Courts cannot e7ercise 3udicial power when there is no applicable law. 'he Court has no authorit" to entertain an action for 3udicial declaration of citi0enship because there was no law authori0in/
41&
A. Definition &urisdiction is the power and authorit" of the court to hear5 tr" and decide a case. 9De La Cru0 v. CA5 1CC>: B. Scope $t is not onl" the ('/ powe( to !ete(&ine5 but the (E/ powe( to enfo(ce its !ete(&ination. 'he (4/ powe( to cont(ol t#e e@ecution of its decision is an essential aspect of 3urisdiction 9Eche/ara" . Sec. of &ustice5 2C( SC,A )>: C. Role of Con*(ess Powe(. 'he Con/ress shall have the power to define5 prescribe5 and apportion the 3urisdiction of the various courts. 9Section 1: Li&itations% 1. Con/ress !a" not deprive the Supre!e Court of its 3urisdiction over cases enu!erated in Section 8. 9 art. * Q1: 2. Do law shall be passed reor/ani0in/ the &udiciar" when it underE!ines the securit" of tenure of its ;e!bers. 9 art. * Q1: 2. 'he appellate 3urisdiction of the Supre!e Court !a" not be increased b" law e7cept upon its advice and concurrence. 9art. > Q 2C: X &urisdiction in Section 1 refers to 3urisdiction over cases H3urisdiction over the sub3ect !atterI.61C
,ernas Commentar-, p $24 (2##& ed*. 414 See ,ernas Commentar-, p $1$7$2# (2##& ed*. 41% ,ernas Commentar-, p $2# (2##& ed*. 41+ See ,ernas Commentar-, p $1$7$2# (2##& ed*. 41/ Annotation to the >rit of Amparo. 412 ,ernas Primer at &&% (2##+ ed.*
41$
,ernas Primer at &&% (2##+ ed.* Cru), Philippine Political "aw, p. 2&&& (1$$% ed*.
42#
)*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Con/ress !a" not alter the <ualifications of ;e!bers of the Supre!e Court and the constitutional <ualifications of other !e!bers of the &udiciar". But Con/ress !a" alter the statutor" <ualifications of 3ud/es and 3ustices of lower courts.612 $t behooves ever" prospective appointee to the &udiciar" to apprise the appointin/ authorit" of ever" !atter bearin/ on his fitness for 3udicial office5 includin/ such circu!stances as !a" reflect on his inte/rit" and probit". 'hus the fact that a prospective 3ud/e failed to disclose that he had been ad!inistrativel" char/ed and dis!issed fro! the service for /rave !isconduct b" a for!er President of the Philippines was used a/ainst hi!. $t did not !atter that he had resi/ned fro! office and that the ad!inistrative case a/ainst hi! had beco!e !oot and acade!ic.616 Si!ilar"5 before one who is offered an appoint!ent to the Supre!e Court can accept it5 he !ust correct the entr" in his birth certificate that he is an alien.618
;A Me& e( of t#e 4u!icia() &ust e a pe(son of p(o"en co&petence' inte*(it)' p(o it)' an! in!epen!ence.?
IV. T#e Sup(e&e Cou(t Composition Aualifications *u!icial an! )ar Council Appointment Salaries ,enure Removal Prohi%ition A. Co&position
Section A. 9(: 'he Supre!e Court shall be co!posed of a Chief &ustice and fourteen Associate &ustices. $t !a" sit en banc or in its discretion5 in division of three5 five5 or seven ;e!bers. An" vacanc" shall be filled within ninet" da"s fro! the occurrence thereof.
Co&position of t#e Sup(e&e Cou(t% -ifteen 93B:. ( Chief &ustice and (6 Associate &ustices. B" so fi7in/ the nu!ber of !e!bers of the Supre!e Court at HfifteenI5 it see!s lo/ical to infer that no statute !a" validl" increase or decrease it.61( Colle*iate Cou(t. 'he pri!ar" purpose of a colle/iate court is precisel" to provide for the !ost e7haustive deliberation before a conclusion is reached.611 B. .ualifications
Section 8. 9(: Do person shall be appointed ;e!ber of the Supre!e Court or an" lower colle/iate court unless he is a naturalEborn citi0en of the Philippines. A ;e!ber of the Supre!e Court !ust be at least fort" "ears of a/e5 and !ust have been for fifteen "ears or !ore a 3ud/e of a lower court or en/a/ed in the practice of law in the Philippines. 91: 'he Con/ress shall prescribe the <ualifications of 3ud/es of lower courts5 but no person !a" be appointed 3ud/e thereof unless he is a citi0en of the Philippines and a !e!ber of the Philippine Bar. 92: A ;e!ber of the &udiciar" !ust be a person of proven co!petence5 inte/rit"5 probit"5 and independence.
Co&petence. $n deter!inin/ the co!petence of the applicant or reco!!endee for appoint!ent5 the &udicial and Bar Council shall consider his educational preparation5 e7perience5 perfor!ance and other acco!plish!ents of the applicant. 9,ule 2 Section ( of &BC ,ules: Inte*(it). 'he &udicial and Bar Council shall ta.e ever" possible step to verif" the applicant@s record of and reputation for honest"5 inte/rit"5 incorruptibilit"5 irreproachable conduct and fidelit" to sound !oral and ethical standards. 9,ule 65 Section ( of &BC ,ules: P(o it) an! In!epen!ence. An" evidence relevant to the candidate@s probit" and independence such as5 but not li!ited to5 decision he has rendered if he is an incu!bent !e!ber of the 3udiciar" or reflective of the soundness of his 3ud/!ent5 coura/e5 rectitude5 cold neutralit" and stren/th of character shall be considered. 9,ule 8 Section of &BC ,ules: C. 4u!icial an! Ba( Council 9()**5 ())) Bar Question: Composition +unction Reason for Creation
Section 7. 9(: A &udicial and Bar Council is hereb" created under the supervision of the Supre!e Court co!posed of the Chief
42& 424
.ualifications of a Me& e( of t#e Sup(e&e Cou(t% (. ;ust be a natural born citi0en of the Philippines 1. ;ust at least be 6C "ears of a/eG 2. ;ust have been for (8 "ears or !ore a 3ud/e of a lower court or en/a/ed in the practice of law in the PhilippinesG and 6. A person of proven co!petence5 inte/rit"5 probit"5 and independence.
421
422
!inco, Philippine Political "aw, p &12 (1$%4ed*. Cru), Philippine Political "aw, p. 2+2 (1$$% ed*.
,ernas Primer at &%+ (2##+ ed.* .n re 86C v. 8ud%e ;uitain! J'C No. 013, Au(u#t 22, 2007. 42% <ilosbayan v. Ermita! @.=. :o. 1///21, 1ul- &, 2##/. 'his was the case of 1ustice @regor- ;ng of the !andiganba-anwho was being promoted to the !upreme court. ;ng, however, remains in the !andiganba-an.
))
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
Section 6. 'he ;e!bers of the Supre!e Court and 3ud/es of lower courts shall be appointed b" the President fro! a list of at least three no!inees prepared b" the &udicial and Bar Council for ever" vacanc". Such appoint!ents need no confir!ation. -or the lower courts5 the President shall issue the appoint!ents within ninet" da"s fro! the sub!ission of the list.
&ustice as e7 officio Chair!an5 the Secretar" of &ustice5 and a representative of the Con/ress as e7 officio ;e!bers5 a representative of the $nte/rated Bar5 a professor of law5 a retired ;e!ber of the Supre!e Court5 and a representative of the private sector. 91: 'he re/ular !e!bers of the Council shall be appointed b" the President for a ter! of four "ears with the consent of the Co!!ission on Appoint!ents. Jf the ;e!bers first appointed5 the representative of the $nte/rated Bar shall serve for four "ears5 the professor of law for three "ears5 the retired &ustice for two "ears5 and the representative of the private sector for one "ear. 92: 'he Cler. of the Supre!e Court shall be the Secretar" e7 officio of the Council and shall .eep a record of its proceedin/s. 96: 'he re/ular ;e!bers of the Council shall receive such e!olu!ents as !a" be deter!ined b" the Supre!e Court. 'he Supre!e Court shall provide in its annual bud/et the appropriations for the Council. 98: 'he Council shall have the principal function of reco!!endin/ appointees to the &udiciar". $t !a" e7ercise such other functions and duties as the Supre!e Court !a" assi/n to it.
-or ever" vacanc"5 the &udicial and Bar Council sub!its to the President a list of at least three na!es. 'he President !a" not appoint an"bod" who is not in the list. $f the President is not satisfied with the list5 he !a" as. for another list.61) W#) at least G, 'he reason for re<uirin/ at least three no!inees for ever" vacanc" is to /ive the President enou/h leewa" in the e7ercise of his discretion when he !a.es his appoint!ent. $f the no!inee were li!ited to onl" one5 the appoint!ent would in effect be !ade b" the &udicial and Bar Council5 with the President perfor!in/ onl" the !athe!atical act of for!ali0in/ the co!!ission.62C &ud/es !a" not be appointed in an actin/ capacit" or te!porar" capacit".62( $t should be noted that what the Constitution authori0es the President to do is to appoint &ustices and 3ud/es and not t#e aut#o(it) !erel" to !esi*nate a nonE!e!ber of the Supre!e Court te&po(a(il) to sit as &ustice of Supre!e Court.621 ASM: :o you know that when there is a acancy in the Supreme Court, the remaining members o# the !ribunal ote and make a recommendation to the ;udicial and 8ar Council. E. Sala(ies
Section 3J. 'he salar" of the Chief &ustice and of the Associate &ustices of the Supre!e Court5 and of 3ud/es of lower courts shall be fi7ed b" law. Durin/ their continuance in office5 their salar" shall not be decreased.
Co&position of 4BC% 1. SC Chief &ustice (e2 o##icio Chairman/ 12 o##icio Members 1. Secretar" of &ustice 2. ,epresentative of Con/ress 9egular Members (!erm o# F years appointed by +resident with the consent o# CA/ 6. ,epresentative of $BP 8. Professor of Law >. ,etired ;e!ber of SC +. ,epresentative of private sector 'he Cler. of the Supre!e Court shall be the Secretar" e7 officio of the &BC. Rep(esentati"e f(o& Con*(ess. Such representative !a" co!e fro! either #ouse. $n practice5 the two houses now wor. out a wa" of sharin/ representation.61> A !e!ber fro! each co!es fro! both #ouses but each have onl" half a vote.61+ -unction of 4BC. &BC@s principal function is to reco!!end to the President appointees to the &udiciar". $t !a" e7ercise such other functions and duties as the Supre!e Court !a" assi/n to it. Rationale fo( C(eation of 4BC. 'he Council was principall" desi/ned to eli!inate politics fro! the appoint!ent and 3ud/es and 3ustices. 'hus5 appoint!ents to the &udiciar" do not have to /o throu/h a political Co!!ission on Appoint!ents.61* D. Appoint&ent
42+
'he prohibition of the di!inution of the salar" of &ustices and 3ud/es durin/ their continuance in office is intended as a protection for the independence of the 3udiciar".622 'he clear intent of the Constitutional Co!!ission was to sub3ect the salar" of the 3ud/es and 3ustices to inco!e ta7. 9Ditafan v. C$,5 ()*+: -. Tenu(e
42$
4&#
,ernas Commentar-, p $2% (2##& ed*. Cru), Philippine Political "aw, p. 2&4 (1$$% ed*.
,ernas Primer at &%+ (2##+ ed.*
4&1
4&2
42/
,ernas Commentar-, p $24 (2##& ed*. 422 ,ernas Primer at &%/ (2##+ ed.*
Cru), Philippine Political "aw, p. 2&/ (1$$% ed*. ,ernas Commentar-, p $2% (2##& ed*. 4&& ,ernas Commentar-, p $2+ (2##& ed*.
(CC
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 2. 6. Chief &ustice as e7 officio chair!an of the &BC. 9art. * Q*9(::. &ustices as !e!bers of Electoral 'ribunals 9art. > Q(+:. V. Powe(s of Sup(e&e Cou(t 6eneral Po er Specific Po ers Ori#inal *uris!iction Appellate *uris!iction ,emporar' Assi#nment of *u!#es Chan#e of Venue or Place of ,rial Rule;Ma(in# Po er Appointment of Court Personnel A!ministrative Supervision of Courts Disciplinar'@Dismissal Po ers Contempt Po ers Annual Report
Section B. 'he Supre!e Court shall have the followin/ powers= (. E7ercise ori/inal 3urisdiction over cases affectin/ a!bassadors5 other public !inisters and consuls5 and over petitions for certiorari5 prohibition5 !anda!us5 <uo warranto5 and habeas corpus. 1. ,eview5 revise5 reverse5 !odif"5 or affir! on appeal or certiorari as the law or the ,ules of Court !a" provide5 final 3ud/!ents and orders of lower courts in= 9a: All cases in which the constitutionalit" or validit" of an" treat"5 international or e7ecutive a/ree!ent5 law5 presidential decree5 procla!ation5 order5 instruction5 ordinance5 or re/ulation is in <uestion. 9b: All cases involvin/ the le/alit" of an" ta75 i!post5 assess!ent5 or toll5 or an" penalt" i!posed in relation thereto. 9c: All cases in which the 3urisdiction of an" lower court is in issue. 9d: All cri!inal cases in which the penalt" i!posed is reclusion perpetua or hi/her. 9e: All cases in which onl" an error or <uestion of law is involved. 2. Assi/n te!poraril" 3ud/es of lower courts to other stations as public interest !a" re<uire. Such te!porar" assi/n!ent shall not e7ceed si7 !onths without the consent of the 3ud/e concerned. 6. Jrder a chan/e of venue or place of trial to avoid a !iscarria/e of 3ustice. 8. Pro!ul/ate rules concernin/ the protection and enforce!ent of constitutional ri/hts5 pleadin/5 practice5 and procedure in all courts5 the ad!ission to the practice of law5 the $nte/rated Bar5 and le/al assistance to the underprivile/ed. Such rules shall provide a si!plified and ine7pensive procedure for the speed" disposition of cases5 shall be unifor! for all courts of the sa!e /rade5 and shall not di!inish5 increase5 !odif" substantive ri/hts. ,ules of procedure of special courts and <uasiE 3udicial bodies shall re!ain effective unless disapproved b" the Supre!e Court. >. Appoint all officials and e!plo"ees of the &udiciar" in accordance with the Civil Service Law. Section :. 'he Supre!e Court shall have ad!inistrative supervision over all courts and the personnel thereof. Section 33
Section 33. 'he ;e!bers of the Supre!e Court and 3ud/es of lower courts shall hold office durin/ /ood behavior until the" reach the a/e of se"ent) )ea(s or beco!e incapacitated to dischar/e the duties of their office. 'he Supre!e Court en banc shall have the power of discipline 3ud/es of lower courts5 or order their dis!issal b" a vote of a !a3orit" of the ;e!bers who actuall" too. part in the deliberations on the issues in the case and voted thereon.
Securit" of 'enure is essential to an independent 3udiciar". /. Re&o"al B) I&peac#&ent. 'he ;e!bers of the Supre!e Court are re!ovable onl" b" i!peach!ent. 'he" can be said to have failed to satisf" the re<uire!ent of A/ood behaviorB onl" if the" are /uilt" of the offenses which are constitutional /rounds of i!peach!ent. 'he !e!bers of the Supre!e Court !a" be re!oved fro! office on i!peach!ent for5 and conviction of= (. Culpable violation of the ConstitutionG 1. 'reasonG 2. Briber"G 6. Graft and CorruptionG 8. Jther #i/h Cri!es +. Betra"al of Public 'rust9Article S$5 Section 1: A Supre!e Court &ustice cannot be char/ed in a cri!inal case or a disbar!ent proceedin/5 because the ulti!ate effect of either is to re!ove hi! fro! office5 and thus circu!vent the provision on re!oval b" i!peach!ent thus violatin/ his securit" of tenure 9$n ,e= -irst $ndorse!ent fro! #on. ,aul Gon0ale05 A.;. Do. **E6E8622: 0. P(o#i ition
Section 32. 'he ;e!bers of the Supre!e Court and of other courts established b" law shall not be desi/nated to an" a/enc" perfor!in/ <uasiE3udicial or ad!inistrative functions.
'he provision !erel" !a.es e7plicit an application of the principles of separate of powers.626 'a.e note of the other tas.s /iven to SC or the ;e!bers of SC b" the Constitution= 1. SC en banc as Presidential Electoral 'ribunal 9art + Q6: 1. Chief &ustice as presidin/ officer of the i!peach!ent Court when the President is in trial 9art. (( Q29>::.
4&4
,ernas Commentar-, p $$1 (2##& ed*.
(C(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
777'he Supre!e Court en banc shall have the power of discipline 3ud/es of lower courts5 or order their dis!issal b" a vote of a !a3orit" of the ;e!bers who actuall" too. part in the deliberations on the issues in the case and voted thereon.
A. /ene(al Powe( &udicial Power 9Q(: B. Specific Powe(s Specific Powe(s of t#e Sup(e&e Cou(t un!e( A(ticle VIII% (. Jri/inal &urisdiction 1. Appellate &urisdiction 2. 'e!porar" Assi/n!ent of &ud/es 6. Chan/e of Venue or Place of 'rial 8. ,uleE;a.in/ Power +. Appoint!ent of Court Personnel 9Q8: Dis!issal% ,e!oval Powers 9Q((: (Section 5('/ and (E/ re#er to the irreducible ?urisdiction o# the Supreme Court while Section 5 (4 BH/ and Section H pro ide o# au2iliary administrati e powers./ Ot#e( Powe(s of SC% (. &urisdiction over procla!ation of ;artial law or suspension of the writ of habeas corpusG 9art. + Q(*: 1. &urisdiction over Presidential and ViceE Presidential election contestsG 9art. + Q6: 2. &urisdiction over decision5 order5 or rulin/ of the Constitutional Co!!issions. 9art. ) Q+: 6. Supervision over &BC 9art. * Q*9(:: %. Power to Punish Conte!pt C. O(i*inal 4u(is!iction Section BD3E. 'he Supre!e Court has ori/inal 3urisdiction over= 1. Cases affectin/ a!bassadors5 other public !inisters and consuls. 2. Petitions for certiorari5 prohibition5 !anda!us5 <uo warranto5 and habeas corpus.628 Dote that under international law5 diplo!ats and even consuls to a lesser e7tent5 are not sub3ect to 3urisdiction of the courts of the receivin/ State5 save in certain cases5 as when i!!unit" is waived either e7pressl" or i!pliedl". $n such instances5 the Supre!e Court can and probabl" should ta.e co/ni0ance of the liti/ation in view of possible international repercussions.62>
4&%
'he petitions for certiorari, mandamus, prohibition5 and %uo warranto are special civil actions. 'he <uestions raised in the first three petitions are <uestions of 3urisdiction or /rave abuse of discretion and5 in fourth5 the title of the respondent. 'he petition for habeas corpus is a special proceedin/.62+ Concu((ent 4u(is!iction. 'he Supre!e Court has concurrent ori/inal 3urisdiction with ,e/ional 'rial Courts in cases affectin/ a!bassadors5 other public !inisters and consuls. 9BP (1) Q 1(91:: 'he Supre!e Court has concurrent ori/inal 3urisdiction with the Court of Appeals in petitions for certiorari, prohibition and mandamus a/ainst the ,e/ional 'rial Courts. 9BP (1) Q )9(:: 'he Supre!e Court has concurrent ori/inal 3urisdiction with the Court of Appeals and the ,e/ional 'rial Courts in petitions for certiorari, prohibition and mandamus a/ainst lower courts and bodies and in petitions for %uo warranto and habeas corpus. 9BP (1) Q)9(:5 Q1(91:: P(inciple of 4u!icial 0ie(a(c#) 4nder a 3udicial polic" reco/ni0in/ hierarchy o# courts5 a hi/her court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts. 9Santia/o v. Vas<ue05 1(+ SC,A (>+: 'hus5 while it is true that the issuance of a writ of prohibition under ,ule >8 is within the 3urisdiction of the Supre!e Court5 a petitioner cannot see. relief fro! the Supre!e Court where the issuance of such writ is also within the co!petence of the ,e/ional 'rial Court or the Court of Appeals. A direct recourse of the Supre!e Court@s ori/inal 3urisdiction to issue writs should be allowed onl" when there are special and i!portant reasons therefore5 clearl" and specificall" set out in the petition. 9;an/ahas v. Paredes5 1CC+: .% hat cases !a" be filed ori/inall" in the Supre!e CourtR A% Jnl" petitions for certiorari5 prohibition5 !anda!us5 <uo warranto5 habeas corpus5 disciplinar" proceedin/s a/ainst !e!bers of the 3udiciar" and attorne"s5 and affectin/ a!bassadors5 other public !inisters and consuls !a" be filed ori/inall" in the Supre!e Court. 9Rule B:' Section 3' Rules of Cou(t: D. Appellate 4u(is!iction Section BD2E. 'he Supre!e Court has the power to review5 revise5 reverse5 !odif"5 or affir! on appeal or certiorari as the law or the ,ules of Court !a"
/. 2.
Ad!inistrative Supervision of Courts 9Q>:
See =ule +%, ++ and 1#2, =ules of Court. Cru), Philippine Political "aw, p. 2%2 (1$$% ed*.
4&/
4&+
Cru), Philippine Political "aw, p. 2%2 (1$$% ed*.
(C1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA not !andator". 'herefore review in this later cases !a" be waived and appeal !a" be withdrawn.66( $n 9epublic . Sandiganbayan, EGGE, it was held that the appellate 3urisdiction of the Supre!e Court over decisions and final orders of the Sandi/anba"an is li!ited to <uestions of law. A Muestion of law e7ists when the doubt or controvers" concerns the correct application of law or 3urisprudence to a certain set of factsG or when the issue does not call for an e7a!ination of the probative value of the evidence presented5 the truth or falsehood of facts bein/ ad!itted. Section 891:5 9a: and 9b: e7plicitl" /rants 3udicial review in the Supre!e Court. (;udicial 9e iew will be discussed in the ne2t chapter/ E. Te&po(a() Assi*n&ent of 4u!*es Section BDGE. 'he Supre!e Court has the power to assi/n te!poraril" 3ud/es of lower courts to other stations as public interest !a" re<uire. Such te!porar" assi/n!ent shall not e7ceed si7 !onths without the consent of the 3ud/e concerned. Rationale of t#e P(o"ision. 'he present rule bolsters the independence of the 3udiciar" in so far as it vests the power to te!poraril" assi/n 3ud/es of inferior courts directl" in the Supre!e Court and no lon/er in the e7ecutive authorities and conditions the validit" of an" such assi/n!ent in e7cess of si7 !onths upon the consent of the transferred 3ud/e. 'his will !ini!i0e if not alto/ether eli!inate the pernicious practice of the rigodon de ?euces, or the transfer of 3ud/es at will to suit the !otivations of the chief e7ecutive.661 Pu(pose of T(ansfe(. 'e!porar" assi/n!ents !a" be 3ustified to arran/e for 3ud/es with clo//ed doc.ets to be assisted b" their less bus" collea/ues5 or to provide for the replace!ent of the re/ular 3ud/e who !a" not be e7pected to be i!partial in the decision of particular cases.662 Pe(&anent T(ansfe(. Since transfer i!ports re!oval fro! one office and since a 3ud/e en3o"s securit" of tenure5 it cannot be effected without the consent of the 3ud/e concerned.666 -. C#an*e of Venue o( Place of T(ial Section BDAE. 'he Supre!e Court has the power to order a chan/e of venue or place of trial to avoid a !iscarria/e of 3ustice.
441 442
provide5 final 3ud/!ents and orders of lower courts in= a. All cases in which the constitutionalit" or validit" of an" treat"5 international or e7ecutive a/ree!ent5 law5 presidential decree5 procla!ation5 order5 instruction5 ordinance5 or re/ulation is in <uestion. b. All cases involvin/ the le/alit" of an" ta75 i!post5 assess!ent5 or toll5 or an" penalt" i!posed in relation thereto. c. All cases in which the 3urisdiction of an" lower court is in issue. d. All cri!inal cases in which the penalt" i!posed is reclusion perpetua or hi/her. e. All cases in which onl" an error or <uestion of law is involved. I((e!uci le. 'his appellate 3urisdiction of the Supre!e Court is irreducible and !a" not be withdrawn fro! it b" Con/ress.62* -inal 4u!*&ents of lowe( cou(ts. $t should be noted that the appeals allowed in this section are fro! final 3ud/!ents and decrees onl" of Alower courtsB or 3udicial tribunals. Ad!inistrative decisions are not included.62) T#e lowe( cou(ts #a"e co&petence to !eci!e constitutional Muestions. Section 891:9a: provides that Supre!e Court has appellate 3urisdiction over A#inal ?udgments and orders all cases in which the constitutionalit' or validit" of an" treat"5 international or e7ecutive a/ree!ent5 law5 presidential decree5 procla!ation5 order5 instruction5 ordinance or re/ulation is in <uestion.B Re"iew of Deat# Penalt). Section 8 re<uires a !andator" review b" the Supre!e Court of cases where the penalt" i!posed is reclusion perpetua5 life i!prison!ent5 or death. #owever5 the Constitution has not proscribed an inter!ediate review. 'o ensure ut!ost circu!spection before the penalt" of death5 reclusion perpetua or life i!prison!ent is i!posed5 the ,ule now is that such cases !ust be reviewed b" the Court of Appeals before the" are elevated to the Supre!e Court.66C Dote5 however5 that the rule for the review of decisions of lower courts i!posin/ death or reclusion perpetua or life i!prison!ent are not the sa!e. $n case the sentence is death5 there is auto!atic review b" the Court of Appeals and ulti!atel" b" the Supre!e Court. 'his is !andator" and neither the accused nor the courts !a" waive the ri/ht of appeal. $n the case of the sentence of reclusion perpetua or life i!prison!ent5 however5 althou/h the Supre!e Court has 3urisdiction to review the!5 the review is
4&2
Cru), Philippine Political "aw, p. 2%% (1$$% ed*. 4&$ Cru), Philippine Political "aw, p. 2%+ (1$$% ed*. 44# People v. Mateo! @.=. :o. 14/+/272/. 1ul- /, 2##43 People v. La%ua) @.=. :o. 1/#%+%, 1anuar- &1, 2##+.
People v. $oc(a and $amos, @.=. :o. 1/&/$/, August &1, 2##/. Cru), Philippine Political "aw, p. 2%$ (1$$% ed*. 44& Cru), Philippine Political "aw, p. 2%$ (1$$% ed*.
444
,ernas Commentar-, p $+/(2##& ed*.
(C2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA pro!ul/ated b" special courts and <uasiE3udicial bodies are effective unless disapproved b" the Supre!e Court. A. Test to Dete(&ine w#et#e( t#e (ules !i&inis#' inc(ease o( &o!if) su stanti"e (i*#ts (. $f the rule ta.es awa" a vested ri/ht5 it is a substantive !atter. 1. $f the rule creates a ri/ht5 it !a" be a substantive !atter. 2. $f it operates as a !eans of i!ple!entin/ an e7istin/ ri/ht5 then the rule deals !erel" with procedure. 9-abian v. Disierto: Illust(ati"e cases w#e(e t#e (ule &e(el) !eals wit# p(oce!u(e% Mania*o ". CA' 366: 'he rule that unless a reservation to file a separate civil action is reserved5 the civil case is dee!ed filed with the cri!inal case is not about substantive ri/hts. hether the two actions !ust be tried in a sin/le proceedin/ is a !atter of procedure. -a ian ". Desie(to' 3667 'he transfer b" the Supre!e Court of pendin/ cases involvin/ a review of decision of the Jffice of the J!buds!an in ad!inistrative actions to the Court of Appeals is !erel" procedural. 'his is because5 it is not the ri/ht to appeal of an a//rieved part" which is affected b" law. 'he right has been preserved. Jnl" the procedure b" which the appeal is to be !ade or decided has been chan/ed. People ". Lacson' AJJ SCRA 2:8 (!his is %uite con#using because o# the dates/ +acts" ,espondent was char/ed with !ultiple !urder. #e filed a !otion with the trial court for 3udicial deter!ination of probable cause. Jn ;arch 1)5 ()))5 the trial court dis!issed the cases provisionall". Jn Dece!ber (5 1CCC5 the ,evised ,ules on Cri!inal Procedure too. effect. Section * of ,ule ((+ allowed the revival of the case which was provisionall" dis!issed onl" within two "ears. Jn &une >5 1CC(5 the cri!inal cases a/ainst respondent were refilled. ,espondent ar/ued that the refillin/ of the cases was barred. 'he prosecution ar/ued that under Article )C of the ,evised Penal Code5 it had twent" "ears to prosecute respondent. Hel!" Is the rule merel' proce!uralM Tes5 the rule is !erel" procedural. Section *5 ,ule ((+ is not a statute of li!itations. 'he twoE"ear bar under the rule does not reduce the periods under Article )C of the ,evised Penal Code. $t is but a li!itation of the ri/ht of the State to revive a cri!inal case a/ainst the accused after the case had been filed but subse<uentl" provisionall" dis!issed
'his power is dee!ed to be an incidental and inherent power of the Court. 9See People v. Gutierre05 2> SC,A (+1 9()+C:: /. Rule Ma9in* Powe( +ower to +romulgate 9ules 7imits on the 9ule Making +ower 0ature and -unction o# 9ule Making +ower !est to :etermin ,hether 9ules are Substanti e 9ules Concerning +rotection o# Constitutional 9ights Admission to the +ractice o# 7aw Integration o# the 8ar Congress and the 9ules o# Court 3. Powe( to P(o&ul*ate Rules 'he Supre!e Court has the power to pro!ul/ate rules concernin/= 1. 'he protection and enforce!ent of constitutional ri/htsG 2. Pleadin/5 practice5 and procedure in all courtsG &. 'he ad!ission to the practice of law5 6. 'he $nte/rated BarG %. Le/al assistance to the underprivile/ed. 9Section 898:: 2. Li&its on SCLs Rule Ma9in* Powe(
1. 2. &.
Such rules shall provide a si!plified and ine7pensive procedure for the speed" disposition of cases. 'he" shall be unifor! for all courts of the sa!e /rade. 'he" shall not di!inish5 increase5 !odif" su stanti"e (i*#ts.
,ules of procedure of special courts and <uasiE3udicial bodies shall re!ain effective unless disapproved b" the Supre!e Court. G. Natu(e an! -unction of Rule Ma9in* Powe( -o( a &o(e in!epen!ent +u!icia(). 'he authorit" to pro!ul/ate rules concernin/ pleadin/5 practice and ad!ission to the practice of law is a traditional power of the Supre!e Court. 'he /rant of this authorit"5 coupled with its authorit" to inte/rate the Bar5 to have ad!inistrative supervision over all courts5 in effect places in the hands of Supre!e Court the totalit" of the ad!inistration of 3ustice and thus !a.es for a !ore independent 3udiciar". En#ances t#e capacit) to (en!e( +ustice. $t also enhances the Court@s capacit" to render 3ustice5 especiall" since5 as the Supre!e Court has had occasion to sa"5 it includes the inherent authorit" to suspend rules when the re<uire!ent of 3ustice de!and. ;oreover5 since it is to the Supre!e Court that rule !a.in/ authorit" has been /iven5 rules
(C6
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA allowance could be /ranted onl" to !inor children. Hel!" Article (** of the Civil Code /rants children the ri/ht to support even be"ond the a/e of !a3orit". #ence5 the respondent were entitled to the allowance. Since5 the ri/ht to support /ranted b" the Civil Code is substantive5 it cannot be i!paired b" Section 25 ,ule *2 of the ,ules of Court.66+ Da&asco ". LaMui' 3:: SCRA 23A +acts" Petitioner was char/ed with /rave threats. 'he trial court convicted hi! of li/ht threats. Petitioner !oved for reconsideration because the cri!e of which he was convicted had alread" prescribed when the infor!ation was filed. Hel!" hile an accused who fails to !ove to <uash is dee!ed to waive all ob3ection which are /rounds to <uash5 this rule cannot appl" to prescription. Prescription e7tin/uishes cri!inal liabilit". 'o appl" the said rule will contravene Article *) of the ,evised Penal Code which is substantive. 'he rules pro!ul/ated b" the Supre!e Court !ust not di!inish5 increase or !odif" substantive ri/hts.66* Oal!i"ia ". Re)es' 233 SCRA 288 -acts% Jn ;a" 2C5 ())C5 a co!plaint was filed with the provincial prosecutor a/ainst petitioner for violatin/ an ordinance b" <uarr"in/ without a !a"or@s per!it. 'he infor!ation was filed in court on Jctober 15 ())C. Petitioner !oved to <uash on the /round that under Act 221>5 violations of !unicipal ordinances prescribe in two !onths and the prescriptive period is suspended onl" upon the institution of 3udicial proceedin/s. 'he prosecution ar/ued that under Section (5 ,ule ((C of the ,ules on Cri!inal Procedure5 the filin/ of a case for preli!inar" investi/ation interrupts the prescriptive period. Hel!" $f there is a conflict between Act Do. 221> and ,ule ((C of the ,ules on Cri!inal Procedure5 the for!er !ust prevail. P(esc(iption in c(i&inal cases is a su stanti"e (i*#t.66) Illust(ati"e case w#e(e (et(oacti"e application of a (ulin* will affect su stanti"e (i*#t% LBP ". De Leon' G66 SCRA G8: +acts" 'he Supre!e Court ruled that in accordance with Section >C of the Co!prehensive A/rarian ,efor! Law5 appeals fro! the Special A/rarian Courts should be !ade b" filin/ a petition for review instead of !erel" filin/ a notice of appeal. Petitioner filed a
44/
with the e7press consent of the accused. 4pon the lapse of the period under the new rule5 the State is presu!ed to have abandoned or waived its ri/ht to revive the case. 'he prescription periods under the ,evised Penal Code are not di!inished. Is the refillin# of cases %arre! in this caseD Do. A procedural law !a" not be applied retroactivel" if to do so would wor. in3ustice or would involve intricate proble!s of due process. 'he ti!eEbar of two "ears under the new rule should not be applied retroactivel" a/ainst the State. $f the ti!eEbar were to be applied retroactivel" so as to co!!ence to run on ;arch 2(5 ()))5 when the prosecutor received his cop" of the resolution dis!issin/ the cases5 instead of /ivin/ the State two "ears to revive the provisionall" dis!issed cases5 the State would have considerabl" less than two "ears to do so. 'he period before Dece!ber (5 1CCC should be e7cluded in the co!putation of the twoE"ear period5 because the rule prescribin/ it was not "et in effect at that ti!e and the State could not be e7pected to co!pl" with it. 668 Illust(ati"e cases w#e(e t#e (ule !eals wit# su stanti"e &atte(% PNB ". Asuncion' 7J SCRA G23 +acts" Petitioner filed a collection case a/ainst several solidar" debtors. Jne of the! died durin/ the pendenc" of the case. 'he court dis!issed the case a/ainst all the defendants on the /round that the petitioner should file a clai! in the estate proceedin/s. Petitioner ar/ued that the dis!issal should be confined to the defendant who died. Hel!" Article (1(> of the Civil Code /ives the creditor the ri/ht to proceed a/ainst an"one of the solidar" debtors or so!e or all of the! si!ultaneousl". #ence5 in case of the death of one of the!5 the creditor !a" proceed a/ainst the survivin/ debtors. 'he ,ules of Court cannot be interpreted to !ean that the creditor has no choice but to file a clai! in the estate of the deceased. Such construction will result in the di!inution of the substantive ri/hts /ranted b" the Civil Code.66> Sante(o ". C-I' 3BG SCRA 827 +acts" Durin/ the pendenc" of the proceedin/ for the settle!ent of the estate of the deceased5 respondents5 who were children of the deceased5 filed a !otion as.in/ for an allowance for their support. Petitioners5 who were children of the deceased with another wo!an5 opposed on the /rounds that petitioners were alread" of !a3orit" a/e and under Section 2 of ,ule *25 the
44%
1acinto 1imene), Political "aw Compendium &44 (2##+ ed.* 44+ 1acinto 1imene), Political "aw Compendium, &42 (2##+ ed.*
1acinto 1imene), Political "aw Compendium, &4& (2##+ ed.* 1acinto 1imene), Political "aw Compendium, &4& (2##+ ed.* 44$ 1acinto 1imene), Political "aw Compendium, &4& (2##+ ed.*
442
(C8
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA storin/ of data or infor!ation re/ardin/ the person5 fa!il"5 ho!e and correspondence of the a//rieved part". 9Section (5 'he ,ule on the #abeas Data: In Re" Re2uest for Creation of Special DivisionA&M& No& H=;<;HI;SC 3=HH=4= $t was held that it is within the co!petence of the Supre!e Court5 in the e7ercise of its power to pro!ul/ate rules /overnin/ the enforce!ent and protection of constitutional ri/hts and rules /overnin/ pleadin/5 practice and procedure in all courts5 to create a Special Division in the Sandi/anba"an which will hear and decide the plunder case of &oseph Estrada. Re*ulation of De&onst(ations +acts" Petitioner applied for a per!it to hold a rall" in fro! of the &ustice #all to protest the dela" in the disposition of the cases of his clients. 'he !a"or refused to issue the per!it on the /round that it was prohibited b" the ,esolution of the Supre!e Court dated &ul" +5 ())*5 which prohibited rallies within two hundred !eters of an" court buildin/. Petitioners ar/ued that the ,esolution a!ended the Public Asse!bl" Act in violation of the separation of powers. Hel!" 'he e7istence of the Public Asse!bl" Act does not preclude the Supre!e Court fro! pro!ul/atin/ rules re/ulatin/ the conduct of de!onstration in the vicinit" of courts to assure the people of an i!partial and orderl" ad!inistration of 3ustice as !andate b" the Constitution. 9$n re Val!onte5 1)> SC,A 7i: ReMui(e&ent of Inte(national A*(ee&ent +acts" 'he Philippines si/ned the A/ree!ent establishin/ the orld 'rade Jr/ani0ation. 'he Senate passed a resolution concurrin/ in its ratification b" the President. Petitioners ar/ued that Article 26 of the General Provisions and Basic Principles of the A/ree!ent on 'radeE,elated Aspects of $ntellectual Propert" ,i/hts is unconstitutional. Article 26 re<uires !e!bers to create a !isputa%le presumption in civil procee!in#s that a product shown to be identical to one produced with the use o# a patented process shall be dee!ed to have been obtained b" illegal use o# the patented process if the product obtained b" the patented process is new or there is a substantial li.elihood that the identical product was !ade with the use of the patented process but the owner of the patent could not deter!ine the e7act process used in obtainin/ the identical product. Petitioners ar#ue! that this impaire! the rule;ma(in# po er of the Supreme Court& Hel!" Article 26 should present no proble!. Section >C of the Patent Law provides a si!ilar presu!ption in cases of infrin/e!ent of a patented desi/n or utilit" !odel. Article 26 does not contain an unreasonable burden as it is consistent with due process and the adversarial s"ste!. Since the
!otion for reconsideration5 in which it pra"ed that the rulin/ be applied prospectivel". Hel!" Before the case reached the Supre!e Court5 petitioner had no authoritative /uideline on how to appeal decision of Special A/rarian Courts in the li/ht of see!in/l" conflictin/ provisions of Section >C and >( of the Co!prehensive A/rarian ,efor! Law5 because Section >( provided that review shall be /overned b" the ,ules of Court. 'he Court of Appeals had rendered conflictin/ decisions on this precise issue. #ence5 the decision of the Supre!e Court should be applied prospectivel" because it affects substantive ri/ht. $f the rulin/ is /iven retroactive application5 it will pre3udice the ri/ht of appeal of petitioner because its pendin/ appeals in the Court of Appeals will be dis!issed on a !ere technicalit" thereb"5 sacrificin/ their substantial !erits.68C B. Rules Conce(nin* t#e p(otection an! enfo(ce&ent of constitutional (i*#tsK Rules Conce(nin* plea!in*' p(actice an! p(oce!u(e in cou(ts Powe( to Ma9e RulesK W(it of A&pa(o. 'he ,ules on the rit of A!paro is pro!ul/ated b" the Court based on its power to pro!ul/ate rules for the protection and enforce!ent of constitutional ri/hts. $n li/ht of the prevalence of e7tra le/al .illin/ and enforced disappearances5 the Supre!e Court resolved to e7ercise for the first ti!e its power to pro!ul/ate rules to protect our people@s constitutional ri/hts. W(it of A&pa(o 9())( Bar Question: a. Et)&olo*). AA!paroB co!es fro! Spanish verb Aa!pararB !eanin/ Ato protect. . Natu(e% A writ to protect ri/ht to life5 libert" and securit" of persons. c& Section < of ,he Rule on the Writ of Amparo" A'he petition for a writ of a!paro is a re!ed" available to an" person whose ri/ht to life5 libert" and securit" is violated or threatened with violation b" unlawful act or o!ission of a public official or e!plo"ee5 or of a private individual or entit". 'he writ shall cover e7trale/al .illin/s and enforced disappearances or threats thereof.B (0ote that not all constitutional rights are co ered by this 9ule> only right to li#e, liberty and security/ W(it of 0a eas Data. 'he writ of habeas data is a re!ed" available to an" person whose ri/ht to privac" in life5 libert" or securit" is violated or threatened b" an unlawful act or o!ission of a public official or e!plo"ee5 or of a private individual or entit" en/a/ed in the /atherin/5 collectin/ or
4%#
1acinto 1imene), Political "aw Compendium, &4% (2##+ ed.*
(C>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
professional co!petence5 public service and conductG Safe/uard the professional interests of its !e!bersG Cultivate a!on/ its !e!bers a spirit of cordialit" and brotherhoodG Provide a foru! for the discussion of law5 3urisprudence5 law refor!5 pleadin/5 practice5 and procedure5 and the relation of the Bar to the Bench and to the public5 and public relation relatin/ theretoG Encoura/e and foster le/al educationG Pro!ote a continuin/ pro/ra! of le/al research in substantive and ad3ective law5 and !a.e reports and reco!!endations thereonG and Enable the Bar to dischar/e its public responsibilit" effectivel" 9In re Integration o# the 8ar o# the +hilippines/
Philippines is si/nator" to !ost international conventions on patents5 trade!ar.s and cop"ri/hts5 t#e a!+ust&ent in t#e (ules of p(oce!u(e will not e su stantial. 9'anada v. An/ara5 1+1 SC,A (*:68( Powe( to Suspen! Its Own Rules. Section 898: of the Constitution /ives this Court the power to LHpIro!ul/ate rules concernin/ the protection and enforce!ent of constitutional ri/hts5 pleadin/5 practice and procedure in all courts.L 'his includes an inherent power to suspend its own rules in particular cases in order to do 3ustice.681 :. A!&ission to t#e P(actice of Law Rule on Con!uct of Officials. Section )C of the Local Govern!ent Code which prohibits law"ers who are !e!bers of a local le/islative bod" to practice law is not an infrin/e!ent on the power of the Court to provide for rules for the practice of law. 'he law !ust be seen not as a rule on practice of law but as a rule on the conduct of officials intended to prevent conflict of interest. 9&avellana v. D$LG5 ())1: Ba( -lun9e(s Act. After the Supre!e Court has declared candidates for the bar as havin/ flun.ed the e7a!inations5 Con/ress !a" not pass a law lowerin/ the passin/ !ar. and declarin/ the sa!e candidates as havin/ passed. 'his would a!ount to not 3ust a!endin/ the rules but reversin/ the Court@s application of an e7istin/ rule. 9In re Cunanan 5 )6 phil 826 9()86:: Nullification of Ba( Results. $n 1CC25 the Court nullified the results of the e7a!s on Co!!ercial Law when it was discovered that the Bar <uestions had been lea.ed. 9Bar !atter Do. (1115 1CC6: 8. Inte*(ation of t#e Ba( a. )ar E refers to the collectivit" of all persons whose na!es appear in the ,oll of Attorne"s. . Inte#ration of the Philippine )ar E !eans the official unification of the entire law"er population of the Philippines. 'his re<uires !e!bership and financial support 9in reasonable a!ount: of ever" attorne" as conditions sine %ua non to the practice of law and the retention of his na!e in the ,oll of Attorne"s of the Supre!e Court. (In re $nte/ration of the Bar of the Philippines: c. Purpose of an inte#rate! )ar- in #eneral are=
(. 1. Assist in the ad!inistration of 3usticeG -oster and !aintain5 on the part of its !e!bers5 hi/h ideals of inte/rit"5 learnin/5
2. 6. 8.
>. +.
2.
!. In (e% Att). Ma(cial E!illon. $n this case5 Att". Edillon ob3ects to the re<uire!ent of !e!bership in the inte/rated bar as a preEcondition to the practice of law. 'his /ave the Court the opportunit" to ventilate so!e basic notions underl"in/ bar inte/ration. (. 'he practice of law is a privile/e that is sub3ect to reasonable re/ulation b" the StateG 1. Bar inte/ration is !andated b" the ConstitutionG &. 'he law"er is not bein/ co!pelled to 3oin the association. Passin/ the bar e7a!ination alread" !ade hi! a !e!ber of the bar. 'he onl" co!pulsion to which he is sub3ected is the pa)&ent of annual !ues5 and this is 3ustified b" the need for elevatin/ the <ualit" of le/al professionG 6. 'he Constitution vests in the SC plenar" powers re/ardin/ ad!ission to the bar. e. Lette( of Att) A(e"alo' 2JJB. Pa"!ent of dues is a necessar" conse<uence of !e!bership in the $nte/rated Bar of the Philippines5 of which no one is e7e!pt. 'his !eans that the co!pulsor" nature of pa"!ent of dues subsists as lon/ as one@s !e!bership in the $BP re!ains re/ardless of the lac. of practice of5 or the t"pe of practice5 the !e!ber is en/a/ed in.682 7. Con*(ess an! t#e Rules of Cou(t )ernas Primer" ,ules issued b" the Supre!e Court !a" be repealed5 altered5 or supple!ented b" Con/ress because Con/ress has plenar" le/islative power. 'he silence of the Constitution on the sub3ect can onl" be interpreted as !eanin/ that there is no intention to di!inish that plenar" power. $n fact5 ,A *)+6 which re<uires full pa"!ent before the sate !a" e7ercise proprietar" ri/hts5 contrar" to ,ule >+ which re<uires a deposit5 was reco/ni0ed b" Court in 9epublic . 6ingoyon5 EGG5. 9An earlier
4%&
4%1
4%2
1acinto 1imene), Political "aw Compendium, &4/ (2##+ ed.*
Lim et al v CA! @.=. :o. 14$/42, :ovember 1+, 2##+.

"etter of Att-. Cecilio J. Arevalo, =eFuesting 9.emptions from Pa-ment of 0,P Dues, 4a- $, 2##%.
(C+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
obiter dictum in 1chegaray . Sec. o# ;ustice, '(((, said that Congress has no power to amend 9ules. !his was repeated by +uno and Carpio in dissent in 9epublic . 6ingoyon/F5F Nachura 3=HHG4" Con/ress cannot a!end the ,ules of Court. A'he ()*+ Constitution too. awa" the power of Con/ress to repeal5 alter or supple!ent rules concernin/ pleadin/ and procedure. $n fine5 the power to pro!ul/ate rules of pleadin/5 practice and procedure is no lon/er shared b" this Court with Con/ress5 !ore so with the E7ecutive.B Echa/ara" v. Secretar" of &ustice 9())): ASM% -ollow Bernas@ view. Article SV$$$5 Section (C provides= A'he provisions of the e7istin/ ,ules of Court5 3udiciar" acts5 and procedural laws not inconsistent with this Constitution shall re!ain operative unless amen!e! or repeale! %' the Supreme Court or the Con#ressB 0. Appoint&ent of Cou(t Pe(sonnel 'he authorit" of the Supre!e Court to appoint its own official and e!plo"ees is another !easure intended to safe/uard the independence of the &udiciar". #owever5 the Court@s appointin/ authorit" !ust be e7ercised Ain accordance with the Civil Service Law.B688 Dote that Section 89>: e!powers the Supre!e Court not onl" to appoint its own officials and e!plo"ees but of the &udiciar" itself. $t should also be recalled that courts !a" be /iven authorit" b" Con/ress Ato appoint officers lower in ran..B 9art. + Q(>: I. A!&inist(ati"e Supe("ision of Cou(ts St(en*t#ens In!epen!ence. Section > provides that the Supre!e Court shall have ad!inistrative supervision b" the Supre!e Court over all lower courts and the personnel thereof. $t is a si/nificant innovation towards stren/thenin/ the independence of the 3udiciar". Before ()+2 Constitution5 there was no constitutional provision on the sub3ect and ad!inistrative supervision over the lower courts and their personnel was e7ercised b" the Secretar" of &ustice.68> 'he previous setEup i!paired the independence of 3ud/es who tended to defer to the pressures and su//estions of the e7ecutive depart!ent in e7chan/e for favorable action on their re<uests and ad!inistrative proble!s.68+
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E@clusi"e Supe("ision. Article V$$$5 Section > e7clusivel" vests in the Supre!e Court ad!inistrative supervision over all courts and court personnel5 fro! the Presidin/ &ustice of the Court of Appeals down to the lowest !unicipal trial court cler.. B" virtue of this power5 it is onl" the Supre!e Court that can oversee the 3ud/es@ and court personnel@s co!pliance with all laws5 and ta.e proper ad!inistrative action a/ainst the! if the" co!!it an" violation thereof. 0o other branch o# go ernment may intrude into this power, without running a#oul to the doctrine o# separation o# powers. 9;aceda v. Vas<ue0: O& u!s&an an! SCLs Powe( of Supe("ision. 'he J!buds!an !a" not initiate or investi/ate a cri!inal or ad!inistrative co!plaint before his office a/ainst a 3ud/eG the J!buds!an !ust first indorse the case to the Supre!e Court for appropriate action. 9-uentes v. Jffice of J!buds!an5 1CC(: A!&inist(ati"e P(ocee!in*' Confi!ential. Ad!inistrative proceedin/s before the Supre!e Court are confidential in nature in order to protect the respondent therein who !a" turn out to be innocent of the char/es. 9Godine0 v. Alano5 ())): Accordin/ to Bernas5 the power of ad!inistrative supervision of the Supre!e Court5 includes the power Hsittin/ en bancI to discipline 3ud/es of lower courts5 or order their dis!issal.68* 4. Disciplina() Powe(s
Section 33 'he ;e!bers of the Supre!e Court and 3ud/es of lower courts shall hold office durin/ /ood behavior until the" reach the a/e of sevent" "ears or beco!e incapacitated to dischar/e the duties of their office. 'he Supre!e Court en banc shall have the power of discipline 3ud/es of lower courts5 or order their dis!issal b" a vote of a !a3orit" of the ;e!bers who actuall" too. part in the deliberations on the issues in the case and voted thereon.
3. Powe( to Discipline 'he power of the Supre!e Court to discipline 3ud/es of inferior courts or to order their dis!issal is e7clusive. $t !a" not be vested in an" other bod". Dor !a" Con/ress pass a law that 3ud/es of lower courts are re!ovable b" i!peach!ent.68) 2. Disciplina() Actions Besides re!oval5 such other disciplinar" !easures as suspension5 fine and repri!and can be !eted out b" the Supre!e Court on errin/ 3ud/es.6>C
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,ernas Primer at &%2 (2##+ ed.* ,ernas Commentar-, p $/$ (2##& ed*. ,ernas Commentar-, p $/$ (2##& ed*. Cru), Philippine Political "aw, p. 2+4 (1$$% ed*.
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4%+
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,ernas Commentar-, p $/$ (2##& ed*. ,ernas Commentar-, p $22 (2##& ed*. 4+# Cru), Philippine Political "aw, p. 2+/ (1$$% ed*.
(C*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 'he purpose of this provision is not to sub3ect the Court to the President and to the Con/ress but si!pl" to enable the 3udiciar" to infor! /overn!ent about its needs. 9$ ,ECJ,D 8(CE8(1:6>8 'he annual report re<uired under this provision can be the basis of appropriate le/islation and /overn!ent policies intended to i!prove the ad!inistration of 3ustice and stren/then the independence of 3udiciar".6>> VI. 4u!icial Re"iew Definition of *u!icial Revie Constitutional Supremac' +unctions of *u!icial Revie Who Ma' E$ercise Re2uisites of *u!icial Revie Political Auestions Effect of Declaration of ?nconstitutionalit' Partial ?nconstitutionalit' *u!icial Revie %' .o er Courts Mo!alities of Constitutional Interpretation A. Definition &udicial review is the power of the courts to test the validit" of /overn!ental acts in li/ht of their confor!it" to a hi/her nor! 9e./. the constitution.: Fas! 'he power of 3udicial review is the Supre!e Court@s power to declare a law5 treat"5 international or e7ecutive a/ree!ent5 presidential decree5 procla!ation5 order5 instruction5 ordinance5 or re/ulation unconstitutional. 'his power is e7plicitl" /ranted b" Section 891:5 9a: and 9b:.6>+ &udicial ,eview is an aspect of &udicial Power.6>* T#eo() of 4u!icial Re"iew. 'he Constitution is the supre!e law. $t was ordained b" the people5 the ulti!ate source of all political authorit". $t confers li!ited powers on the national /overn!ent. 7 7 7 $f the /overn!ent consciousl" or unconsciousl" oversteps these li!itations there !ust be so!e authorit" co!petent to hold it in control5 to thwart its unconstitutional atte!pt5 and thus to vindicate and preserve inviolate the will of the people as e7pressed in the Constitution. 'his power the courts e7ercise. 'his is the be/innin/ and the end of the theor" of 3udicial review.6>)
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G. ReMui(e&ent fo( Disciplina() Actions Disciplina() Action Decision Dis!issal of 3ud/es5 Decision en banc 9b" Disbar!ent of a a vote of a !a3orit" of law"er5 suspension the !e!bers who of either for !ore actuall" too. part in than ( "ear or a fine the deliberations on e7ceedin/ (C5CCC the issues in the case pesos 9+eople . and voted thereon: 6acott:I Jther actions disciplinar" Decision of a division is sufficient 9People v. Gacott:
A. SC Dete(&ines w#at ;*oo! e#a"io(? is.

&ud/es of lower courts shall hold office durin/ *oo! e#a"io( until the" reach the a/e of sevent" "ears or beco!e incapacitate! to dischar/e the duties of their office.
$t is sub!itted that the Supre!e Court alone can deter!ine what /ood behavior is5 since the SC alone can order their dis!issal.6>( B. SC Dete(&ines w#et#e( a +u!*e #as eco&e incapacitate! 'he power to deter!ine incapacit" is part of the overall ad!inistrative power which the Supre!e Court has over its !e!bers and over all the !e!bers of the 3udiciar".6>1 5. Conte&pt Powe(s Jne of the essential powers of ever" court under our s"ste! of /overn!ent is that of punishin/ for conte!pt persons who are /uilt" of disobedience to its orders or for disrespect to its authorit". 'he punish!ent is either i!prison!ent or fine.6>2 A hile it is sparin/l" to be used5 "et the power of courts to punish for conte!pts is a necessar" and inte/ral part of the independence of 3udiciar"5 and is absolutel" essential to the perfor!ance of the duties i!posed on the! b" law. ithout it the" are !ere boards of arbitration5 whose 3ud/!ents and decrees would onl" be advisor".B6>6 L. Annual Repo(t
Section 3:. 'he Supre!e Court shall5 fro! the openin/ of each re/ular Con/ress5 sub!it to the President and annual report on the operations and &udiciar" within thirt" da"s session of the the Con/ress an activities of the
,ernas Commentar-, p 1### (2##& ed*. Cru), Philippine Political "aw, p. 2// (1$$% ed*. ,ernas Primer at &41 (2##+ ed.* ,ernas Commentar-, p $&/(2##& ed*.
4++
4+/
4+1
4+2 4+$
,ernas Commentar-, p $2/(2##& ed*. 4+2 ,ernas Commentar-, p $22(2##& ed*.

4+&
4+4
!inco, Philippine Political "aw, p &/2 (1$%4ed*. @ompers v. ,uc6Is !tove and =ange co., 221 ?! 412.
Doward ". 4ac,ain, P!ome Aspects of 1udicial =eview,P ,acon "ectures on the Constitution of the ?nited !tates (,ostonA ,oston ?niversit- Deffernan Press, 1$&$*, pp. &/+7// cited in David v. Arro-o.
(C)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA (. 1. Supre!e Court $nferior Courts
4u!icial Re"iew in P#ilippine Constitution. 4nli.e the 4S Constitution6+C which does not provide for the e7ercise of 3udicial review b" their Supre!e Court5 the Philippine Constitution e7pressl" reco/ni0es 3udicial review in Section 891: 9a: and 9b: of Article V$$$ of the Constitution. B. P(inciple of Constitutional Sup(e&ac) &udicial review is not an assertion of superiorit" b" the courts over the other depart!ents5 but !erel" an e7pression of the supre!ac" of the Constitution.6+( Constitutional supre!ac" produced 3udicial review5 which in turn led to the accepted role of the Court as Athe ulti!ate interpreter of the Constitution.B6+1 C. -unctions of 4u!icial Re"iew
1.
Chec(in#E invalidatin/ a law or e7ecutive act that is found to be contrar" to the Constitution. 2. .e#itimatin#; upholdin/ the validit" of the law.
Rule on t#e Dou le Ne*ati"eE 4ses the ter! Anot unconstitutionalBG the court cannot declare a law constitutional because it alread" en3o"s a presu!ption of constitutionalit"
E. ReMuisites of 4u!icial InMui()14u!icial Re"iew 9())6 Bar Question: 1ssential 9e%uisites 1. 'here !ust be an actual case or controvers"G 'he <uestion involved !ust be (ipe for ad3udication. 2. 'he <uestion of constitutionalit" !ust be raised b" the p(ope( pa(t)G Au2iliary 9ules &. 'he constitutional <uestion !ust be raised at the ea(liest possi le oppo(tunit)G 4. 'he decision of the constitutional <uestion !ust be necessa() to the deter!ination of the case itself. (9ead the case o# -rancisco . &9 and :a id . Arroyo in the original/ 3. Actual Case Actual Case or controvers" involves a conflict of le*al (i*#ts5 an assertion of opposite le/al clai!s susceptible of 3udicial deter!ination.6+6 'he case !ust not be= (. ;oot or acade!ic or 2. Based on e7traEle/al or other si!ilar consideration not co/ni0able b" courts of 3ustice.6+8 &. A re<uest for advisor" opinion.6+>
&.
S'm%olic6+2E to educate the bench and the bar as the controllin/ principles and concepts on !atters of /reat public i!portance. $n a Separate Jpinion in -rancisco v. #,5 ;r. &ustice Adolf A0cuna re!ar.ed= A'he function of the Court is a necessar" ele!ent
not onl" of the s"ste! of chec.s and balances5 but also of a or(a%le an! livin# Constitution. -or absent an a/enc"5 or or/an that can rule5 with finalit"5 as to what the ter!s of the Constitution !ean5 there will be uncertaint' if not chaos in /overnance... 'his is whatK #art calls the need for a ,ule of ,eco/nition in an" le/al s"ste!KB
4. %.
#"pothetical or fei/ned constitutional proble!s -riendl" suits collusivel" arran/ed between parties without real adverse interests6++
D. W#o Ma) E@e(cise

4/#
Moot Case. A !oot case is one that ceases to present a 3usticiable controvers" b" virtue of supervenin/ events5 so that a declaration thereon would be of no practical use or value. Generall"5 courts decline 3urisdiction over such case or dis!iss it on /round of !ootness. #owever5 Courts will decide cases5 otherwise !oot and acade!ic5 if= 1. 'here is a /rave violation of the ConstitutionG
'he case of Marbury v. Madison established the doctrine of 5udicial review as a core legal principle in American constitutional s-stemA B!o if a law be in opposition to the constitution3 of both the law and the constitution appl- to a particular case, so that the court must either decide that case conformabl- to the law, disregarding the constitution3 or conformabl- to the constitution, disregarding the law3 the court must determine which of these conflicting rules governs the case. 'his is the ver- essence of 5udicial dut-.C 4/1 Angara v. 9lectoral Commission, +& Phil 1&$. 4/2 See Cooper v. Aaron, &%2 ?! 1 (1$%+* 4/& B'he Court also has the dut" to for!ulate /uidin/ and controllin/ constitutional principles5 precepts5 doctrines5 or rules. $t has the s"!bolic function of educatin/ bench and bar on the e7tent of protection /iven b" constitutional /uarantees.B 9Salon/a v. Pano5 (26 SC,A 62*5 ()*8:
4/4
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Cru), Philippine Political "aw, p. 241 (1$$% ed*. Cru), Philippine Political "aw, p. 241 (1$$% ed*3 See Cawaling v. C;49"9C, &+2 !C=A 4%&* 4/+ Cru), Philippine Political "aw, p. 242 (1$$% ed*.
4//
,ernas Commentar-, p $&2(2##& ed*.
((C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Direct Interest ,est" 'he persons who i!pu/n the validit" of a statute !ust have a Bpersonal and substantial interest in the case such that he has sustained or will sustain, direct in?ury as a result. E@ceptions% 1. Cases of transcendental i!portance or of para!ount public interest or involvin/ an issue of overarchin/ si/nificance. 2. Cases of Procla!ation of !artial law and suspension of the privile/e of the writ of habeas corpus where an' citi1en !a" challen/e the procla!ation of suspension. 9art.+ Q(*: 2. 'he ri/ht to infor!ation on !atters of public concern and the ri/ht to access to public docu!ents has been reco/ni0ed as accruin/ to !ere citi0enship. 9Le/aspi v. CSC5 (8C SC,A 82C 9()*+: 6. -acial Challen/e 9R: @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ RE.$ISITES of stan!in*% A citi0en can raise a constitutional <uestion onl" when= 1. In+u()% #e can show that he has personall" suffered so!e actual or threatened in3ur" because of the alle/edl" ille/al conduct of the /overn!entG 2. Causation% 'he in3ur" is fairl" traceable to the challen/ed actionG and &. Re!(essa ilit)% A favorable action will li.el" redress the in3ur". 9-rancisco v. -ernando G, (>>8C(5 1CC>: $n a pu lic suit' where the plaintiff asserts a public ri/ht in assailin/ an alle/edl" ille/al official action5 our Court adopted the Adirect in3ur" testB in our 3urisdiction. 9David v. Arro"o: Di(ect In+u() Test% 'he persons who i!pu/n the validit" of a statute !ust have a Bpe(sonal an! su stantial inte(est in t#e case suc# t#at #e #as sustaine! o( will sustain' !i(ect in+u() as a (esult. 9David v. Arro"o: 9See People v. Vera5 >8 Phil 8*5 *) 9()2+::. B" wa" of su!!ar"5 the followin/ rules !a" be culled fro! the cases decided b" the Supre!e Court. 'a7pa"ers5 voters5 concerned citi0ens5 and le/islators !a" be accorded standin/ to sue5 provided that the followin/ re<uire!ents are !et=
2.
'he e7ceptional character of the situation and the para!ount public interest is involved &. hen the constitutional issue raised re<uires for!ulation of controllin/ principles to /uide the bench5 the bar5 and the publicG and 4. 'he case is capable of repetition "et evadin/ review. 9Province of Batan/as vs. ,o!ulo5 61) SC,A +2>G David v. Arro"o 91CC>: Qui0on v. Co!elec5 G.,. Do. (++)1+5 -ebruar" (85 1CC*.: 'he re<uire!ent of actual controvers" enco!passes concepts such as ripeness5 standin/5 and the prohibition a/ainst advisor" 3udicial rulin/s 9BP Che!icals v. 4CC5 6 -.2d )+8: Ripeness Doct(ine. 'he re<uire!ent that a case be ripe for 3ud/!ent before a court will decide the controvers". Ripeness refers to readiness for ad3udication5 Rationale. 'o prevent the courts5 throu/h pre!ature ad3udication5 fro! entan/lin/ the!selves in abstract disa/ree!ents. W#en Not Ripe. A clai! is not ripe for ad3udication if it rests upon contin/ent future events that !a" not occur as anticipated5 or indeed !a" not occur at all.6+* Ripeness an! Stan!in#& A si!ple description of the re<uire!ents of standin/ and ripeness is found in the words of &ustice Stone in 0ash ille . ,allace. $n that opinion he referred to= Avaluable le/al ri/htsK threatened with i!!inent invasion.B 'he valuable le/al ri/hts constitute the standin/ and the t#(eat of imminent in"asion constitute t#e (ipeness.6+) 2. Stan!in*1P(ope( Pa(t) 9())15 ())8 Bar Question: P(ope( Pa(t)H A proper part" is one who has sustained or is in i!!ediate dan/er of sustainin/ an in3ur" in result of the act co!plained of.6*C Locus Stan!i refers to the ri#ht of appearance in a court of 3ustice on a /iven <uestion. /ene(al Rule%
4/2
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Te as v. =nited States, %2& ?.!. 2$+, &## (1$$2*. 1erre !. >illiams, Constitutional Anal-sis 1+, (1$/$*. 42# 9. Parte "evitt, &#& ?! +&&3 People v. era +% Phil %2, 2$ (1$&/*.
(((
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
the issuance of AJ 2C* is a usurpation of le/islative power. 9Jple v. 'orres5 1)2 SC,A (6(:6*2 -acts% Petitioners5 who are !inors5 filed a case to co!pel the Secretar" of Environ!ent and Datural ,esources to cancel the ti!ber license a/ree!ents and to desist fro! issuin/ new ones on the /round that deforestation has resulted in da!a/e to the environ!ent. 'he Secretar" of ar/ued that petitioners has no cause of action. 0el!% SC said that Petitioners have a ri/ht to a sound environ!ent5 this is incorporated in Section (> of Article $$. SC also said that Petitioners have personalit" to sue based on the concept of inter/enerational responsibilit" insofar as the ri/ht to a balanced and healthful ecolo/" is concerned. ",e #ind no di##iculty in ruling that they can, #or themsel es, #or others o# their generation and #or the succeeding generation. !heir personality to sue in behal# o# the succeeding generations can only be based on the concept o# intergenerational responsibility inso#ar as the right to a balanced ecology is concerned.$ 9Jposa v. -actoran5 ())2:
(.
2. &. 4.
%.
the cases involve constitutional issues for ta@pa)e(s5 there !ust be a clai! of ille/al disburse!ent of public funds or that the ta7 !easure is unconstitutionalG for "ote(s5 there !ust be a showin/ of obvious interest in the validit" of the election law in <uestionG for conce(ne! citiFens5 there !ust be a showin/ that the issues raised are of transcendental i!portance which !ust be settled earl"G for le*islato(s5 there !ust be a clai! that the official action co!plained of infrin/es upon their prero/atives as le/islators HDa"i! ". A((o)o G.,. Do. (+(2)> 91CC>:I
Illust(ati"e Cases s#owin* e@istence of stan!in*%

-acts% Petitioners filed a case as ta@pa)e(s <uestionin/ the validit" of the contract between DJ'C and respondent b" virtue of which respondent a/reed to build and lease to the DJ'C a li/ht railwa" transit s"ste!. ,espondent clai!ed that petitioners had no standin/ to file the action. 0el!% 'a7pa"ers !a" file action <uestionin/ contracts entered into b" /overn!ent on the /round that the contract is in contravention of the law. 9'atad v. Garcia5 162 SC,A 62>:6*( -acts% Petitioners who were -ilipino citiFens and ta7pa"ers5 <uestioned the constitutionalit" of the $P,A on the /round that it deprived the State of ownership over lands of the public do!ain and the natural resources in the! in violation of Section 15 Article S$$ of the Constitution. 0el!% As5 citi0ens5 petitioners possess the public ri/ht to ensure that the national patri!on" is not alienated and di!inished in violation of the Constitution. Since the /overn!ent holds it for the benefit of the -ilipinos5 a citi0en had sufficient interest to !aintain a suit to ensure that an" /rant of concession coverin/ the national patri!on" strictl" co!plies with the constitutional re<uire!ents. $n addition5 the $P,A appropriate funds. 'hus5 it is a valid sub3ect of a ta7pa"er@s suit. 9Cru0 v. Secretar" of Environ!ent and Datural ,esources5 26+ SC,A (1*:6*1 -acts% Petitioner5 a senato(5 <uestioned the constitutionalit" of Ad!inistrative Jrder Do. 2C* which provided for the establish!ent of a national co!puteri0ed identification reference s"ste!. Petitioner contends that the AJ usurps le/islative power. 'he /overn!ent <uestioned his standin/ to file the case. 0el!% As a senator5 petitioner is possessed of the re<uisite standin/ to brin/ suit raisin the issue that
Illust(ati"e Cases s#owin* a sence of stan!in*%

-acts% 4pon authori0ation of the President5 the PCGG ordered the sale at public auction of paintin/s b" old !asters and silverware alle/ed to be ill/otten wealth of for!er President ;arcos5 his relatives5 and friends. Petitioners5 who were -ilipino citi0ens5 ta7pa"ers5 and artist5 filed a petition to restrain the auction. 0el!% Petitioners have no standin/ to restrain the public auction. 'he paintin/s were donated b" private persons to the ;;A who owns the!. 'he pieces of silverware were /iven to the ;arcos couple as /ifts on their silver weddin/ anniversar". Since the petitioners are not the owners of the paintin/s and the silverware5 the" do not possess an" ri/ht to <uestion their dispositions. 9&o"a v. PCGG5 118 SC,A 8*>:6*6 -acts% Petitioner filed a petition in his capacit" as a ta@pa)e( <uestionin/ the constitutionalit" of the creation of +C positions for presidential advisers on the /round that the President did not have the power to create these positions. 0el!% Petitioner has not proven that he has sustained an" in3ur" as a result of the appoint!ent of the presidential advisers. 9Gon0ales v. Darvasa5 22+ SC,A 62+:6*8 -acts% $n view of the increase in violent cri!es in ;etropolitan ;anila5 the President ordered the PDP and the Philippine ;arines to conduct 3oint visibilit" patrols for the purpose of cri!e prevention and suppression. $nvo.in/ its responsibilit" to uphold the rule of law5 the $nte/rated Bar of the Philippines <uestioned the validit" of the order. 0el!% the !ere invocation of the $BP of the Philippines of its dut" to preserve the rule of law is
42&
421
1acinto 1imene), Political "aw Compendium, &&& (2##+ ed.* 422 1acinto 1imene), Political "aw Compendium, &&4 (2##+ ed.*
1acinto 1imene), Political "aw Compendium, &&+ (2##+ ed.* 1acinto 1imene), Political "aw Compendium, &&/ (2##+ ed.* 42% 1acinto 1imene), Political "aw Compendium, &&2 (2##+ ed.*
424
((1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA !ount successfull" since the challen/e !ust establish that no set of circu!stances e7ists under which the act would be valid. 9Estrada v. Sandi/anba"an5 G.,. Do. (6*8>C5 Dove!ber ()5 1CC(:6** @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ )ernas" $n su!5 it !a" be said that the concept of locus standi as it e7ists in Philippine 3urisprudence now has departed fro! the ri/orous A!erican concept.6*) G. Ea(liest Oppo(tunit) /ene(al Rule= Constitutional <uestion !ust be raised at the earliest possible opportunit"5 such that if it is not raised in the pleadin/s5 it cannot be considered at the trial5 and5 if not considered in trial5 cannot be considered on appeal. E@ceptions% (. $n cri!inal cases5 the constitutional <uestion can be raised at an" ti!e in the discretion of the court. 1. $n civil cases5 the constitutional <uestion can be raised at an" sta/e if it is necessar" to the deter!ination of the case itself. &. $n ever" case5 e7cept where there is estoppel5 the constitutional <uestion !a" be raised at an" sta/e if it involves 3urisdiction of the court.6)C A. Necessit)1 Lis Mota Rule% 'he Court will not touch the issue of unconstitutionalit" unless it reall" is una"oi!a le o( is t#e "e() lis mota.F(' Reason% 'he reason wh" courts will as !uch as possible avoid the decision of a constitutional <uestion can be traced to the doctrine of separation of powers which en3oins upon each depart!ent a proper respect for the acts of the other depart!ents. 'he theor" is that5 as the 3oint act of the le/islative and e7ecutive authorities5 a law is supposed to have been carefull" studied and deter!ined to be constitutional before it was finall" enacted. #ence5 as lon/ as there is so!e other basis that can be used b" the courts for its decision5 the constitutionalit" of the challen/ed law will
422
not sufficient to clothe it with standin/ in this case. 'his is too /eneral an interest which is shared b" the whole citi0enr". 'he $BP has not shown an" specific in3ur" it has suffered or !a" suffer b" virtue of the <uestioned order. 'he $BP pro3ects as in3urious the !ilitari0ation of law enforce!ent which !i/ht threaten de!ocratic institutions. 'he presu!ed in3ur" is hi/hl" speculative. 9$BP v. Pa!ora5 22* SC,A *(:6*>
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ T(anscen!ental I&po(tance Bein/ a !ere procedural technicalit"5 the re<uire!ent of locus standi !a" be waived b" the Court in the e7ercise of its discretion. 'hus5 the Court has adopted a rule that even where the petitioners have failed to show direct in3ur"5 the" have been allowed to sue under the principle of Lt(anscen!ental i&po(tance.L HDa"i! ". A((o)o G.,. Do. (+(2)> 91CC>:I W#en an Issue Consi!e(e! of T(anscen!ental I&po(tance% An issue is of transcendental i!portance because of the followin/= 9(: the character of the funds or other assets involved in the caseG (2* the presence of a clear disre/ard of a constitutional or statutor" prohibition b" an instru!entalit" of the /overn!entG and (&* the lac. of an" other part" with a !ore direct and specific interest in raisin/ the <uestion. 9-rancisco vs. #ouse of ,epresentatives5 6(8 SC,A 66G Senate v. Er!ita G.,. Do. (>)+++ 91CC>:: -acial C#allen*eA78. 'he established rule is that a part" can <uestion the validit" of a statute onl" if5 as applied to hi!5 it is unconstitutional. 'he e7ception is the soEcalled Afacial challen/e.B But the onl" ti!e a facial challen/e to a statute is allowed is when it operates in the area of freedo! of e7pression. $n such instance5 the Aoverbreadth doctrineB per!its a part" to challen/e to a statute even thou/h5 as applied to hi!5 it is not unconstitutional5 but it !i/ht be if applied to others not before the Court whose activities are constitutionall" protected. $nvalidation of the statute Aon its faceB5 rather than Aas appliedB5 is per!itted in the interest of preventin/ a Achillin/ effectB on freedo! of e7pression 9&ustice ;endo0a@s concurrin/ opinion in Cru0 v. DED,5 G.,. Do. (282)85 Dece!ber C>5 1CCC: A facial challen/e to a le/islative act is the !ost difficult challen/e to
42+
1acinto 1imene), Political "aw Compendium, &&$ (2##+ ed.*
Antonio ,. :achura, ;utline<=eviewer in Political "aw 2& (2##+ ed.*

42$
4$#
42/
Facial Challenge is a manner of challenging a statute in court, in which the plaintiff alleges that the statute is alwa-s, and under all circumstances, unconstitutional, and therefore void.
,ernas Commentar-, p $4$(2##& ed*. Cru), Philippine Political "aw, p. 24/ (1$$% ed*. ,ernas Commentar-, p $%2(2##& ed*.
4$1
((2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
not be touched and the case will be decided on other available /rounds.6)1 Motu P(opio E@e(cise of 4u!icial Re"iew. hile courts will not ordinaril" pass upon constitutional <uestions which are not raised in the pleadin/s5 a court is not precluded fro! in<uirin/ into its own 3urisdiction or be co!pelled to enter a 3ud/!ent that it lac.s 3urisdiction to enter. Since a court !a" deter!ine whether or not it has 3urisdiction5 it necessaril" follows that it can in<uire into the constitutionalit" of a statute on which its 3urisdiction depends. 9-abian v. Desierto5 1)8 SC,A 6+C:6)2 -. Political .uestions 9())8 Bar Question: ;usticiable . +olitical Juestion :e#inition o# +olitical Juestion 6uidelines (8aker . Carr/ ;usticiable . +olitical Suspension o# ,rit and +roclamation o# M7 Calling 3ur +ower o# the +resident Impeachment o# a Supreme Court ;ustice 3. 4usticia le ". Political .uestions 'he distinction between 3usticiable and political <uestions can perhaps best be illustrated b" the suspension or e7pulsion of a !e!ber of Con/ress5 which !ust be based upon the /round of Adisorderl" behaviorB and concurred in b" at least 1%2 of all his collea/ues. 'he deter!ination of what constitutes disorderl" behavior is a political <uestion and therefore not co/ni0able b" the courtG but the disciplinar" !easure !a" nonetheless be disauthori0ed if it was supported b" less than the re<uired vote. 'he latter issue5 dealin/ as it does with a procedural rule the interpretation of which calls onl" for !athe!atical co!putation5 is a 3usticiable <uestion.6)6 2. Political .uestions' Definition Political <uestions are those <uestions which under the Constitution are= (. 'o be decided b" the people in their soverei/n capacit"5 or 2. $n re/ard to which full discretionar" authorit" has been dele/ated to the le/islative or e7ecutive branch of the /overn!ent.6)8 9'anada v. Cuenco5 ()>8:
4$2
Political <uestions connotes A2uestions of polic'&B $t is concerned with issues !epen!ent upon the is!om5 not le/alit"5 of a particular !easure. 9'anada v. Cuenco: G. /ui!elines fo( !ete(&inin* w#et#e( a Muestion is political. ,e$tual :in! 3. A te@tuall) !e&onst(a le constitutional co&&it&ent of t#e issue to a political !epa(t&entK +unctional :in! 2. Lac9 of +u!iciall) !isco"e(a le an! &ana*ea le stan!a(!s fo( (esol"in* itK &. I&possi ilit) of !eci!in* a case wit#out an initial !ete(&ination of a 9in! clea(l) fo( nonH+u!icial !isc(etionK DBa9e( ". Ca((' G:6 $S 37: D36:2EEA6: +rudential !ype 6. $!possibilit" of a court@s underta.in/ independent resolution without e7pressin/ lac. of the respect due coordinate branches of the /overn!entG 8. An unusual need for un<uestionin/ adherence to a political decision alread" !adeG +. Potentialit" of e!barrass!ent fro! !ultifarious pronounce!ents b" various depart!ents. 9Ba.er v. Carr5 2>) 4S (*> 9()>1: (8ernas submits that the 6ra e Abuse Clause has eliminated the prudential type o# political %uestions #rom +hilippine ?urisprudence.F(* &ence, the %uestion is not political e en there is an "unusual need #or %uestioning adherence to a political decision already made> or the potentiality o# embarrassment #rom multi#arious pronouncements by arious departments on one %uestion.$F()/ E@a&ples of Te@tual 5in!A66% 1. Ale5an!rino v& Aue1on =G Phil >E 3<8=94 = 'he SC throu/h &ustice ;alcol! held5 A;anda!us will not lie a/asint the le/islative bod"5 its !e!bers5 or its officers5 to co!pel the perfor!ance of duties purel" le/islative in their character which therefore pertain to their le/islative functions and over which the" have e7clusive control.B
Cru), Philippine Political "aw, p. 24/ (1$$% ed*. 1acinto 1imene), Political "aw Compendium, &&# (2##+ ed.* of Congress. !o too, is the interpretation of certain provisions of the Constitution, such as the phrase Bother high crimesC as ground for impeachment. 4$+ ,ernas Commentar-, p $%$(2##& ed*3 ,ernas Primer at &42 (2##+ ed.* 4$/ See ,ernas Commentar-, p $%$ (2##& ed* 4$2 ,ernas Primer at &42 (2##+ ed.*
4$$
4$& 4$4
4$%
Cru), Philippine Political "aw, p. /2(1$$% ed*. Cru)A >here the matter falls under the discretion of another department or especiall- the people themselves, the decision reached is in the categor- of a political Fuestion and conseFuentl- manot be the sub5ect of 5udicial review. Accordingl-, considerations affecting the wisdom, efficac- or practicabilit- of a law should come under the e.clusive 5urisdiction
,ernas Commentar-, p $%4(2##& ed*.
((6
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
2.
Osmena v& Pen!atun <H8 Phil >GE 3<8GH4" 'he SC refused to interpose itself in the !atter of suspension of Js!ena &r.5 for a speech delivered on the floor of Con/ress. hether he co!!itted Adisorderl" behaviorB was so!ethin/ in re/ard to which full discretionar" authorit" had been /iven to the le/islature. &. Arro'o v& De Venecia- <88I" 'he issue in this case was whether the Court could intervene in a case where the #ouse of ,epresentatives was said to have disre/arded its own rule. 'he Court said it could not because the !atter of for!ulatin/ rules have been te7tuall" conferred b" the Constitution on Con/ress itself. #ence5 provided that no violation of a constitutional provisions or in3ur" to private ri/hts was involved5 the Court was without authorit" to intervene. 4. Santia#o v& 6uin#ona- <88>" Disspute involved is the selection of a Senate ;inorit" leader whose position is not created b" the Constitution but b" Con/ressional rules. E@a&ples of -unctional 5in!BJJ% 1. ,o%ias v& A%alos- <889C Mariano v& COME.EC<88F7 Apportion!ent of representative districts is not a political <uestion because there acre constitutional rules /overnin/ apportion!ent. 2. Da1a v& Sin#son- <8>8C Coseten# v& Mitra- <88HC 6uin#ona v& 6on1ales- <88=" 'he Court intervened in the !anner of for!in/ the Co!!ission on Appoint!ents. &. )on!oc v& Pine!a" 'he Court invalidated the e7pulsion of a !e!ber of the #ouse Electoral 'ribunal. 9All these were done b" the Court because it found applicable le/al standards.: A. /(a"e A use Clause an! Political .uestions A/ain5 the ?broadened concept@ of 3udicial power is not !eant to do awa" with the political <uestions doctrine itself. 'he concept !ust so!eti!es "ield to separation of powers5 to the doctrine on Apolitical <uestionsB or to the Aenrolled billB rule.8C( 9())8 Bar Question: B. Suspension of t#e W(it of 0C an! P(ocla&ation of Ma(tial Law 'he action of the President and the Con/ress shall be sub3ect to review b" the Supre!e Court which shall have the authorit" to deter!ine the sufficienc" of the factual basis of such action. 'his !atter is no lon/er considered a political <uestion.8C1
%## %#1
:. P(esi!entLs action in callin* out t#e a(&e! fo(ces $t !a" be /athered fro! the broad /rant of power that the actual use to which the President puts the ar!ed forces5 is unli.e the suspension of the privile/e of writ of habeas corpus5 not sub3ect to 3udicial review.8C2 But' while the Court considered the President@s Acallin/EoutB power as a discretionar" power solel" vested in his wisdo! and that it cannot be called upon to overrule the President@s wisdo! or substitute its own5 it stressed that Athis does not prevent an e7a!ination of w#et#e( suc# powe( was e@e(cise! wit#in pe(&issi le constitutional li&its o( w#et#e( it was e@e(cise! in a &anne( constitutin* *(a"e a use of !isc(etion. 9$BP v. Pa!ora: &udicial in<uir" can go no #urther than to satisf" the Court not that the President@s decision is correct, but that Athe President did not act arbitrarily.B 'hus5 t#e stan!a(! is not co((ectness' ut a( it(a(iness. $t is incu!bent upon the petitioner to show that the President@s decision is totall" bereft of factual basisB and that if he fails5 b" wa" of proof5 to support his assertion5 then Athis Court cannot underta.e an independent investi/ation be"ond the pleadin/s. 9I)P v& Jamora cite! in Davi! v& Arro'o: :. I&peac#&ent Case a*ainst a Sup(e&e Cou(t 4ustice.
-acts% Jn &une 15 1CC25 for!er President &oseph Estrada filed an i!peach!ent cases a/ainst the Chief &ustice and seven Associate &ustices of the Supre!e Court . 'he co!plaint was endorsed b" three con/ress!en and referred to the Co!!ittee on &ustice of the #ouse of ,epresentatives. Jn Jctober 115 1CC25 the Co!!ittee on &ustice voted to dis!iss the co!plaint for bein/ insufficient in substance. 'he Co!!ittee on &ustice had not "et sub!itted its report to the #ouse of ,epresentatives. Jn Jctober 125 1CC25 two con/ress!en filed a co!plaint a co!plaint for i!peach!ent a/ainst the Chief &ustice in connection with the disburse!ent a/ainst the Chief &ustice in connection with the disburse!ent of the &udiciar" Develop!ent -und. 'he co!plaint was acco!panied b" a resolution of endorse!ent%i!peach!ent was acco!panied b" a resolution of endorse!ent%i!peach!ent si/ned b" at least oneEthird of the con/ress!en. Several petitions were filed to prevent further proceedin/s tin the i!peach!ent case on the /round that the Constitution prohibits the initiation of an i!peach!ent proceedin/ a/ainst the sa!e official !ore than once the sa!e period of one "ear. Petitioners plea! for the SC to e$ercise the po er of 5u!icial revie to !etermine the vali!it' of the secon! impeachment complaint. ,he House of Representatives conten! that impeachment is a political action an! is %e'on! the reach of 5u!icial revie & ,espondents Spea.er De Venecia5 et. al. and intervenor Senator Pi!entel raise the
%#&
,ernas Commentar-, p $%/(2##& ed*. See ,ernas Commentar-, p $1$7$2# (2##& ed*. %#2 Cru), Philippine Political "aw, p. 214 (1$$% ed*.
,ernas Commentar-, p 2++ (2##& ed*
((8
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA A hen courts declare a law to inconsistent with the Constitution5 the for!er shall be void and the latter shall /overn.B 9Article + of the Dew Civil Code: Mo!ern Vie " Certain le/al effects of the statute prior to its declaration of unconstitutionalit" !a" be reco/ni0ed. A'he actual e7istence of a statute prior to such a deter!ination of constitutionalit" is an ope(ati"e fact and !a" have conse<uences which cannot alwa"s be erased b" a new 3udicial declaration.B8C8 0. Pa(tial $nconstitutionalit) Also in deference to the doctrine of separation of powers5 courts hesitate to declare a law totall" unconstitutional and as lon/ as it is possible5 will salva/e the valid portions thereof in order to /ive effect to the le/islative will.8C> ReMuisites of Pa(tial $nconstitutionalit)% 1. 'he Le/islature !ust be willin/ to retain the valid portion9s:.8C+ 1. 'he valid portion can stand independentl" as law. I. 4u!icial Re"iew ) Lowe( Cou(ts Le*al Bases of lowe( cou(tsL powe( of +u!icial (e"iew% 1. Article VIII- Section <& Since the power of 3udicial review flows fro! 3udicial power and since inferior courts are possessed of 3udicial power5 it !a" be fairl" inferred that the power of 3udicial review is not an e7clusive power of the Supre!e Court. 2. Article VII- Section F3=4& 'his sa!e conclusion !a" be inferred fro! Article V$$$5 Section 891:5 which confers on the Supre!e Court appellate 3urisdiction over 3ud/!ents and decrees of lower courts in certain cases. Note= hile a declaration of unconstitutionalit" !ade b" the Supre!e Court constitutes a precedent bindin/ on all5 a si!ilar decision of an inferior court binds onl" the parties in the case.8C* 4. Mo!alities of Constitutional Inte(p(etation
novel ar/u!ent that the Constitution has e7cluded i!peach!ent proceedin/s fro! the covera/e of 3udicial review. Briefl" stated5 it is the position of respondents Spea.er De Venecia et. al. that i!peach!ent is a political action which cannot assu!e a 3udicial character. #ence5 an" <uestion5 issue or incident arisin/ at an" sta/e of the i!peach!ent proceedin/ is be"ond the reach of 3udicial review. -or his part5 intervenor Senator Pi!entel contends that the SenateYs Lsole power to tr"L i!peach!ent cases 9(: entirel" e7cludes the application of 3udicial review over itG and 91: necessaril" includes the SenateYs power to deter!ine constitutional <uestions relative to i!peach!ent proceedin/s. 'he" contend that the e7ercise of 3udicial review over i!peach!ent proceedin/s is inappropriate since it runs counter to the fra!ersY decision to allocate to different fora the powers to tr" i!peach!ents and to tr" cri!esG it disturbs the s"ste! of chec.s and balances5 under which i!peach!ent is the onl" le/islative chec. on the 3udiciar"G and it would create a lac. of finalit" and difficult" in fashionin/ relief 0el!% 'hat /ranted to the Philippine Supre!e Court and lower courts5 as e2pressly pro ided #or in the Constitution5 is not 3ust a power but also a !ut)5 and it was *i"en an e@pan!e! !efinition to include the power to correct an" /rave abuse of discretion on the part of an" /overn!ent branch or instru!entalit". that /ranted to the Philippine Supre!e Court and lower courts5 as e2pressly pro ided #or in the Constitution5 is not 3ust a power but also a !ut)5 and it was *i"en an e@pan!e! !efinition to include the power to correct an" /rave abuse of discretion on the part of an" /overn!ent branch or instru!entalit". 'he Constitution provides for several li!itations to the e7ercise of the power of the #ouse of ,epresentatives over i!peach!ent proceedin/s. 'hese li!itations include the oneE"ear bar on the i!peach!ent of the sa!e official. $t is well within the power of the Supre!e Court to in<uire whether Con/ress co!!itted a violation of the Constitution in the e7ercise of its functions. 9-rancisco v. #ouse of ,epresentatives5 6(8 SC,A 66: 7EEEEE7 ,espondents are also of the view that 3udicial review of i!peach!ents under!ines their finalit" and !a" also lead to conflicts between Con/ress and the 3udiciar". 'hus5 the" call upon this Court to e7ercise 3udicial states!anship on the principle that Lwhenever possible5 the Court should defer to the 3ud/!ent of the people e7pressed le/islativel"5 reco/ni0in/ full well the perils of 3udicial willfulness and pride 0el!% ADid not the people also e7press their will when the" instituted the safe/uards in the ConstitutionR 'his shows that the Constitution did not intend to leave the !atter of i!peach!ent to the sole discretion of Con/ress. $nstead5 it provided for certain wellEdefined li!its5 or in the lan/ua/e of 8aker . Carr58+ L3udiciall" discoverable standardsL for deter!inin/ the validit" of the e7ercise of such discretion5 throu/h the power of 3udicial review.B
/. Effect of Decla(ation of $nconstitutionalit) Ortho!o$ Vie = An unconstitutional act is not a lawG it confers no ri/htsG it i!poses no dutiesG it affords no protectionG it creates no officeG it is inoperative5 as if it had not been passed at all.8C6
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%#% %#+
See :orton v. !helb- Count-, 112 ?! 42%.
Chicot Count- Drainage Dist. . ,a.ter !tates ,an6 &#2 ?! &/1. Cru), Philippine Political "aw, p. 2%1 (1$$% ed*3 See !enate v. 9rmita. %#/ ?suall- shown b- the presence of separabilit- clause. ,ut even without such separabilit- clause, it has been held that if the valid portion is so far independent of the invalid portion, it ma- be fair to presume that the legislature would have enacted it b- itself if thehad supposed that the- could constitutionall- do so. %#2 ,ernas Commentar-, p $+4 (2##& ed*.
((>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
brief5 or !e!orandu! re<uired b" the ,ules of Court or b" the court itself. 92: 4pon the e7piration of the correspondin/ period5 a certification to this effect si/ned b" the Chief &ustice or the presidin/ 3ud/e shall forthwith be issued and a cop" thereof attached to the record of the case or !atter5 and served upon the parties. 'he certification shall state wh" a decision or resolution has not been rendered or issued within said period. 96: Despite the e7piration of the applicable !andator" period5 the court5 without pre3udice to such responsibilit" as !a" have been incurred in conse<uence thereof5 shall decide or resolve the case or !atter sub!itted thereto for deter!ination5 without further dela".
1. 2. &. 4. %. +.
HistoricalE Anal"0in/ the intention of the fra!ers and the Constitution and the circu!stances of its ratification. ,e$tual; ,eadin/ the lan/ua/e of the Constitution as the !an on the street would. Structural; Drawin/ inferences fro! the architecture of the threeEcornered power relationships. DoctrinalE ,el" on established precedents Ethical; See.s to interpret the -ilipino !oral co!!it!ents that are e!bedded in the constitutional docu!ent. Pru!entialE ei/hin/ and co!parin/ the costs and benefits that !i/ht be found in conflictin/ rules.8C) VII. Deci!in* a Case
Process of Decision Ma(in# Cases Deci!e! En )anc Cases Deci!e! in Division A. P(ocess of Decision Ma9in* In Consulta Certi#ication o# Consultation 12planation on Abstention etc. Statement o# -acts and the 7aw :enial o# M9 or +etition #or 9e iew :ecisions o# the Court +eriod #or :ecision Certi#ication and 12planation
Section 3G. 'he conclusions of the Supre!e Court in an" case sub!itted to it for decision en banc or in division shall be reached in consultation before the case is assi/ned to a ;e!ber for the writin/ of the opinion of the Court. A certification to this effect si/ned b" the Chief &ustice shall be issued and a cop" thereof attached to the record of the case and served upon the parties. An" ;e!bers who too. no part5 or dissented5 or abstained fro! a decision or resolution !ust state the reason therefor. 'he sa!e re<uire!ents shall be observed b" all lower colle/iate courts. Section 3A. Do decision shall be rendered b" an" court without e7pressin/ therein clearl" and distinctl" the facts and the law on which it is based. Do petition for review or !otion for reconsideration of a decision of the court shall be refused due course or denied without statin/ the le/al basis therefor. Section 3B. 9(: All cases or !atters filed after the effectivit" of this Constitution !ust be decided or resolved within twent"Efour !onths fro! date of sub!ission for the Supre!e Court5 and5 unless reduced b" the Supre!e Court5 twelve !onths for all lower colle/iate courts5 and three !onths for all other lower courts. 91: A case or !atter shall be dee!ed sub!itted for decision or resolution upon the filin/ of the last pleadin/5
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3. ;In Consulta?B3J 'he conclusions of the Supre!e Court in an" case sub!itted to it for decision en banc or in division shall be reached in consultation before the case is assi/ned to a ;e!ber for the writin/ of the opinion of the Court. 9Section (2: 2. Ce(tification of Consultation an! Assi*n&ent A certification as re/ards consultation and assi/n!ent si/ned b" the Chief &ustice shall be issued and a cop" thereof attached to the record of the case and served upon the parties. 9Section (2: Pu(pose. 'he purpose of certification is to ensure the i!ple!entation of the constitutional re<uire!ent that decisions of the Supre!e Court are reached after consultation with !e!bers of the court sittin/ en banc or in division before the case is assi/ned to a !e!ber thereof for decisionE writin/. 9Consin/ v. CA5 ()*): 'he certification b" the Chief &ustice that he has assi/ned the case to a &ustice for writin/ the opinion will not e7pose such &ustice to pressure since the certification will not identif" the &ustice.8(( Effect of A sence of Ce(tification. 'he absence of the certification would not necessaril" !ean that the case sub!itted for decision had not been reached in consultation before bein/ assi/ned to one !e!ber for writin/ of the opinion of the Court since the re/ular perfor!ance of dut" is presu!ed. 'he lac. of certification at the end of the decision would onl" serve as evidence of failure to observe certification re<uire!ent and !a" be basis for holdin/ the official responsible for the o!ission to account therefore. Such absence of certification would not have the effect of invalidatin/ the decision.8(1 Minute Resolution. ;inute resolutions need not be si/ned b" the !e!bers of the Court who too. part in the deliberations of a case nor do the"
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After deliberations b- the group. ,ernas Primer at &+1 (2##+ ed.* ,ernas Primer at &+2 (2##+ ed.*
%11
,ernas Commentar-, p $+4 (2##& ed*.
%12
((+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA (. 'o assure the parties that the 3ud/e studied the caseG 1. 'o /ive the losin/ part" opportunit" to anal"0e the decision and possibl" appeal or5 alternativel"5 convince the losin/ part" to accept the decision in /ood /raceG 2. 'o enrich the bod" of case law5 especiall" if the decision is fro! the Supre!e Court. 9-ransisco v. Per!s.ul5 ()*): W#e(e Applica le 'he constitutional re<uire!ent 9Section (65 (st para/raph: that a decision !ust e7press clearl" and distinctl" the facts and law on which it is based as (efe((in* onl) to !ecisionsF<G. ,esolutions disposin/ of petitions fall under the constitutional provision 9Section (65 1nd para/raph: which states that Ano petition for reviewKshall be refused due courseK without statin/ the le/al basis therefore.B 9Borro!eo v. CA: 8(+ W#e(e not Applica le $t has been held that the provision is not applicable to= 1. Decision of the CJ;ELEC8(*G
re<uire the certification of the Chief &ustice. 9Borro!eo v. CA5 ())C: G. E@planation on A stention etc. An" ;e!ber who= 1. 'oo. no part5 or Abstained fro! a decision or resolution !ust state the reason therefore 9Section (2: 'he reason for the re<uired e7planation is to encoura/e participation.8(2 A. State&ent of -acts an! t#e Law 9ule +urpose o# 9e%uirement ,here Applicable ,here 0ot Applicable Illustration o# Su##icient Compliance Illustration o# Insu##icient Compliance Rule Do decision shall be rendered b" an" court without e7pressin/ therein clearl" and distinctl" the facts and the law on which it is based. 9Section (6: A decision need not be a co!plete recital of the evidence presented. So lon/ as the factual and le/al basis are clearl" and distinctl" set forth supportin/ the conclusions drawn therefro!5 the decision arrived at is valid. #owever5 it is i!perative that the decision not si!pl" be li!ited to the dispositive portion but !ust state the nature of the case5 su!!ari0e the facts with reference to the record5 and contain a state!ent of applicable laws and 3urisprudence and the tribunal@s state!ent and conclusions on the case.8(6 ReMui(e&ent' not +u(is!ictional. Althou/h the (st para/raph of Section (6 is worded in !andator" lan/ua/e5 it is nonetheless !erel" director". $t has been held that the Are<uire!ent does not /o to the 3urisdiction of the courtB8(8 9()*) Bar Question: Pu(pose 'o infor! the person readin/ the decision5 and especiall" the parties5 of how it was reached b" the court after consideration of the pertinent facts and e7a!ination of applicable laws. 'here are various reasons for this=
2. &.
Dissented5 or
2. &.
6.
8.
Decision of !ilitar" tribunals which are not courts of 3ustice.8() ;ere orders are not covered since the" dispose of onl" incidents of the case5 such as postpone!ents of the trial. 'he onl" e7ception is an order of dis!issal on the !erits81C 'his re<uire!ent does not appl" to a !inute resolution dis!issin/ a petition for habeas corpus5 certiorari and !anda!us5 provided a le/al basis is /iven therein. 9;endo0a v. C-$ >> SC,A )>: Deither will it appl" to ad!inistrative cases. 9Prudential Ban. v. Castro5 (8* SC,A >6>:
Illust(ati"e Cases of Sufficient Co&pliance%

-acts% 'he Court of Appeals affir!ed the conviction of petitioner for estafa. Petitioner ar/ued that the decision did not co!pl" with the Constitution because instead of !a.in/ its own findin/ of facts5 the Court of Appeals adopted the state!ent of facts in the brief filed b" the Solicitor General.
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,ernas Primer at &+1 (2##+ ed.* Antonio ,. :achura, ;utline<=eviewer in Political "aw 2$% (2##+ ed.* %1% Cru), Philippine Political "aw, p. 2+$ (1$$% ed*.
Decision is described as a 5udgment rendered after the presentation of proof or on the basis of stipulation of facts. (Cru), Philippine Political "aw, p. 2+$ (1$$% ed** %1/ ,ernas Primer at &+2 (2##+ ed.* %12 :agca v. C;49"9C, 112 !C=A 2/# (1$22*. %1$ Cru), Philippine Political "aw, p. 2/& (1$$% ed*.
%2#
Cru), Philippine Political "aw, p. 2+$ (1$$% ed*.
((*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
-acts% 'he ,'C convicted the accused of !urder. !he decision contained no #indings o# #act in regard to the commission o# the crime and simply contained the conclusion that the prosecution had su##iciently established the guilt o# the accused o# the crime charged beyond reasonable doubt and that the witnesses #or the protection were more credible. 0el!% 'he decision did not contain an" findin/s of fact which are essential in decisionE!a.in/. 9People v. Viernes5 1>1 SC,A >6(: -acts% Petitioners sued respondents for da!a/es on the /round that the" were not able to ta.e their fli/ht althou/h the travel a/ent who sold the! the plane tic.ets confir!ed their reservations. !he decision o# the trial court summari=ed the e idence #or the parties and then held that respondent, the tra el agent, and the subBagent should be held ?ointly and se erally liable #or damages on the basis o# the #acts. 0el!% 'he decision did not distinctl" and clearl" set forth the factual and le/al bases for holdin/ respondents 3ointl" and severall" liable. 9Tee En/ Chon/ v. Pan A!erican orld Airwa"s $nc.5 21* SC,A +(+: -acts% 'he ;'C convicted petitioner of unfair co!petition. Petitioner appealed to the ,'C. 'he ,'C affir!ed his conviction. 'he ,'C stated in this decision that it found no co/ent reason to disturb the findin/s of fact of ;'C. 0el!% 'he decision of the ,'C fell short of the constitutional re<uire!ent. 'he decision in <uestion should be struc. down as a nullit". 9Tao v. CA5 266 SC,A 1C1:
0el!% 'here is no prohibition a/ainst court@s adoption of the narration of facts !ade in the brief instead of rewritin/ the! in its own words. 9#ernande0 v. CA5 11* SC,A 61):81( Me&o(an!u& Decisions. 'he rule re!ains that the constitutional !andate sa"in/ that Ano decision shall be rendered b" an" court without e7pressin/ therein clearl" and distinctl" the facts and the law on which it is based5B does not preclude the validit" of A!e!orandu! decisions5B which adopt b" reference the findin/s of fact and conclusions of law contained in the decisions of inferior tribunals. 'his rule has been 3ustified on the /rounds of e7pedienc"5 practicalit"5 convenience and doc.et status of our courts.811 9Solid #o!es v. Laserna5 1CC*: ;e!orandu! decisions can also speed up the 3udicial process5 a desirable thin/ and a concern of the Constitution itself. here a !e!orandu! decision is used5 the decision adopted b" reference !ust be attached to the ;e!orandu! for eas" reference. Donetheless5 the ;e!orandu! decision should be used sparin/l" and used onl" where the facts as in the !ain are accepted b" both parties and in si!ple liti/ations onl". 9-ransisco v. Per!s.ul5 ()*):
Illust(ati"e Cases of Insufficient Co&pliance

$n Di0on v. &ud/e Lope05 ())+5 the decision5 which consisted onl" of the dispositve portion 9deno!inated a sin per?uicio5E4 3ud/!ent: was held invalid. -acts% ,espondents sold the sa!e propert" to two different bu"ers. Petitioners5 the first bu"ers5 filed a case to annul the title of the second bu"er. 'he lower court rendered a decision dis!issin/ the co!plaint. !he decision stated that the plainti##s #ailed to pro e their case and there was no su##icient proo# o# bad #aith on the part o# the second buyer. 0el!% 'he decision does not co!pl" with the re<uire!ent under the Constitution that it should contain a clear and distinct state!ent of facts. $t contained conclusions without statin/ the facts which served as their basis. 9Valde0 v. CA5 ()6 SC,A 2>C: -acts% Petitioners filed an action to annul the foreclosure sale of the propert" !ort/a/ed in favor of respondent. After petitioners had rested their case5 respondent filed a de!urrer to the evidence. !he trial court issued an order dismissing the case on the ground that the e idence showed that the sale was in complete accord with the re%uirements o# Section 4 o# Act 0o. 4'45. 0el!% 'he order violates the constitutional re<uire!ent. 'he order did not discuss what the evidence was or wh" the le/al re<uire!ents had been observed. 9Dicos $ndustrial Corporation v. CA5 1C> SC,A (11:
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A. State&ent of Le*al Basis fo( Denial of MR o( Petition fo( Re"iew Do petition for review or !otion for reconsideration of a decision of the court shall be refused due course or denied without statin/ the le/al basis therefor. 9Section (6: ,esolutions disposin/ of petitions fall under the constitutional provision 9Section (65 1nd para/raph: which states that Ano petition for reviewKshall be refused due courseK without statin/ the le/al basis therefore.B hen the Court5 after deliberatin/ on a petition and an" subse<uent pleadin/s5 !anifestations5 co!!ents5 or !otion decides to den" due course to the petition and states that the <uestions raised are factual or no reversible error or if the respondent court@s decision is shown or for so!e other le/al basis stated in the resolution5 there is sufficient co!pliance with the constitutional re<uire!ent. 9Borro!eo v. CA: Illust(ati"e Cases%
'he Court of Appeals denied the petitioner@s !otion for reconsideration in this wise= AEvidentl"5 the !otion poses nothin/ new. 'he points and ar/u!ents raised b" the !ovants have been considered an passed upon in the decision sou/ht to be reconsidered. 'hus5 we find no reason to disturb the sa!e.B 'he Supre!e Court held that
1acinto 1imene), Political "aw Compendium, &%# (2##+ ed.*
G.*. #o. +,,-.+) April /) 0--/. !in Per5uicio 5udgment is a 5udgment without a statement of facts in support of its conclusions.
(()
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA conse<uence thereof5 shall decide or resolve the case or !atter sub!itted thereto for deter!ination5 without further dela". 9Section (8: B. Cases Deci!e! En Banc
Section A 91: All cases involvin/ the constitutionalit" of a treat"5 international or e7ecutive a/ree!ent5 or law5 which shall be heard b" the Supre!e Court en banc5 and all other cases which under the ,ules of Court are re<uired to be heard en banc5 includin/ those involvin/ the constitutionalit"5 application5 or operation of presidential decrees5 procla!ations5 orders5 instructions5 ordinances5 and other re/ulations5 shall be decided with the concurrence of a !a3orit" of the ;e!bers who actuall" too. part in the deliberations on the issues in the case and voted thereon.
there was ade<uate co!pliance with the constitutional provision. 9;artine0 v. CA5 1CC(: 'he Supre!e Court ruled that Alac. of !eritB is sufficient declaration of the le/al basis for denial of petition for review or !otion for reconsideration. 9Prudential Ban. v. Castro:
B. Pe(io! fo( Decision All cases or !atters filed after the effectivit" of ()*+ Constitution !ust be decided or resolved within twent)Hfou( &ont#s fro! date of sub!ission for the Supre!e Court. 9Section (8:. E@ception% hen the Supre!e Court review the factual basis of the procla!ation of !artial law or suspension of the privile/e of the writ or the e7tension thereof5 it !ust pro!ul/ate its decision thereon within 2C da"s fro! its filin/. 9Article V$$5 Section (*:. Man!ato(). Decision within the !a7i!u! period is !andator". -ailure to co!pl" can sub3ect a Supre!e Court &ustice to i!peach!ent for culpable violation of the Constitution.816 'he court5 under the ()*+ Constitution5 is now !andated to decide or resolve the case or !atter sub!itted to it for deter!ination within specified periods. Even when there is dela" and no decision or resolution is !ade within the prescribed period5 there is no auto!atic affir!ance of the appealed decision. 'his is different fro! the rule under Article S5 Section ((91: of the ()+2 Constitution which said that5 in case of dela"5 the decision appealed fro! was dee!ed affir!ed. 9SesbreZo v. CA5 1CC*: 818 :. W#en a Case Dee&e! Su &itte! A case or !atter shall be dee!ed sub!itted for decision or resolution upon the filin/ of the last pleadin/5 brief5 or !e!orandu! re<uired b" the ,ules of Court or b" the court itself. 9Section (8: 8. Ce(tification of Pe(io!Ls E@pi(ation an! E@planation fo( -ailu(e to Ren!e( Decision o( Resolution 4pon the e7piration of the correspondin/ period5 a certification to this effect si/ned b" the Chief &ustice or the presidin/ 3ud/e shall forthwith be issued and a cop" thereof attached to the record of the case or !atter5 and served upon the parties. 'he certification shall state wh" a decision or resolution has not been rendered or issued within said period. 9Section (8: Despite the e7piration of the applicable !andator" period5 the court5 without pre3udice to such responsibilit" as !a" have been incurred in
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9())) Bar Question: Cases t#at &ust e #ea(! en anc% (. All cases involvin/ the constitutionalit" of a treat"5 international or e7ecutive a/ree!ent5 or law. 1. All cases which under the ,ules of Court are re<uired to be heard en banc 2. All cases involvin/ the constitutionalit"5 application5 or operation of presidential decrees5 procla!ations5 orders5 instructions5 ordinances5 and other re/ulations 6. Cases heard b" a division when the re<uired !a3orit" in the division is not obtainedG %. Cases where the Supre!e Court !odifies or reverses a doctrine or principle of law previousl" laid down either en banc or in division. +. Ad!inistrative cases involvin/ the discipline or dis!issal of 3ud/es of lower courts 9Section ((: HDis!issal of 3ud/es5 Disbar!ent of a law"er5 suspension of either for !ore than ( "ear or a fine e7ceedin/ (C5CCC pesos 9+eople . 6acott:I +. Election contests for President or ViceE President. 2. Appeals fro! Sandi/anba"an or Constitutional Co!!issions. 9Le/al BasisR: Nu& e( of Votes Nee!e! to Deci!e a Case 0ea(! En Banc% hen the Supre!e Court sits en banc cases are decided b" the concurrence of A!a3orit" if the !e!bers who actuall" too. part in the deliberations on the issues in the cases and voted thereon.B 'hus5 since a <uoru! of the Supre!e Court is ei/ht5 the votes of at least five are needed and are enou/h5 even if it is a <uestion of constitutionalit".
,ernas Commentar-, p $$/(2##& ed*. @.=. :o. 1+1&$#, April 1+, 2##2.
(1C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA then is to refer it to the Court en banc. 9Section 692:: ;Cases? ". ;Matte(s?.
;Cases or &atte(s heard b" a division shall be !eci!e! or resolve! with the concurrence of a !a3orit" of the ;e!bers who actuall" too. part in the deliberations on the issues in the case and voted thereon5 and in no case5 without the concurrence of at least three of such ;e!bers.? hen the re<uired nu!ber is not obtained5 the case shall be decided en banc.B
9'hose who did not ta.e part in the deliberation do not have the ri/ht to vote:81> 9())> Bar Question: ASM: In reality, when the decision says that a particular ;ustice "did not take part$, it does not necessarily mean that he was not there during the deliberations. .% #ow !an" 3ustices are needed to constitute a <uoru! when the Court sits en banc and there are onl" fourteen 3ustices in officeR A% $n +eople . 1bio, EGGF, since it was a capital cri!inal cases5 the Court said that there should be ei/ht.81+ P(oce!u(e if opinion is eMuall) !i"i!e!. hen the Court en banc is e<uall" divided in opinion5 or the necessar" !a3orit" cannot be had5 the case shall a/ain be deliberated on5 and if after such deliberation no decision is reached5 the ori/inal action co!!enced in the court shall be dis!issedG in appealed cases5 the 3ud/!ent or order appealed fro! shall stand affir!edG and on all incidental !atters5 the petition or !otion shall be denied.9Rule B:' Section 8' Rules of Cou(t: C. Cases Deci!e! in Di"ision
Section A 92: Cases or !atters heard b" a division shall be decided or resolved with the concurrence of a !a3orit" of the ;e!bers who actuall" too. part in the deliberations on the issues in the case and voted thereon5 and in no case5 without the concurrence of at least three of such ;e!bers. hen the re<uired nu!ber is not obtained5 the case shall be decided en banc= Provided5 that no doctrine or principle of law laid down b" the court in a decision rendered en banc or in division !a" be !odified or reversed e7cept b" the court sittin/ en banc.
A careful readin/ of the above constitutional provision reveals the intention of the fra!ers to draw a distinction between cases on one hand and5 and !atters on the other hand5 such that cases are ?decided@ while !atters5 includin/ !otions5 are ?resolved@. Jtherwise put5 the word AdecidedB !ust refer to ?casesG while the word ?resolved@ !ust refer to ?!atters@. W#e(e t#e (eMui(e! nu& e( cannot e o taine! in a !i"ision of t#(ee in &otion fo( (econsi!e(ation. $f a case has alread" been decided b" the division and the losin/ part" files a !otion for reconsideration5 the failure of the division to resolve the !otion because of a tie in the votin/ does not leave the case undecided. Quite plainl"5 if the votin/ results in a tie5 the !otion for reconsideration is lost. 'he assailed decision is not reconsidered and !ust therefore be dee!ed affir!ed. 9-ortich v. Corona5 ())): VIII. Ot#e( Cou(ts Composition *u!icial Po erC *u!icial Revie *uris!iction Aualifications Appointment Salaries ,enure Removal Prohi%ition Deci!in# a Case A. Co&position 'he co!position of lower courts shall be provided b" law. 'he laws are &udiciar" Act of ()6* and BP (1). 'he different lower courts under the &udiciar" ,eor/ani0ation Law are the= (. Court of Appeals 1. re/ional trial courts 2. !etropolitan trial courts 6. !unicipal trial courts 8. !unicipal circuit trial courts Jther Courts= (. Court of 'a7 Appeals
Di"isions a(e not sepa(ate an! !istinct cou(ts. Actions considered in an" of the divisions and decisions rendered therein are5 in effect b" the sa!e 'ribunal. Decisions or resolutions of a division of the court are not inferior to an en banc decision. 9People v. D"5 1CC2: Decisions of a !i"ision' not appeala le to en anc. Decisions or resolutions of a division of the court5 when concurred in b" !a3orit" of its !e!bers who actuall" too. part in the deliberations on the issues in a case and voted thereon is a decision or resolution of the Supre!e Court. 9-irestone Cera!ics v. CA5 1CCC: W#e(e t#e (eMui(e! nu& e( cannot e o taine! in a !i"ision of t#(ee in !eci!in* a case. here the re<uired nu!ber of votes is not obtained5 there is no decision. 'he onl" wa" to dispose of the case
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,ernas Primer at &&2 (2##+ ed.* ,ernas Primer at &&/ (2##+ ed.*
%2/
(1(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 3urisdiction on the lower courts in those five cases for which the Supre!e Court is /ranted appellate 3urisdiction in Section 891:.
Section BD2E. 'he Supre!e Court has the power to review5 revise5 reverse5 !odif"5 or affir! on appeal or certiorari as the law or the ,ules of Court !a" provide5 final 3ud/!ents and orders of lower courts in= a. All cases in which the constitutionalit" or validit" of an" treat"5 international or e7ecutive a/ree!ent5 law5 presidential decree5 procla!ation5 order5 instruction5 ordinance5 or re/ulation is in <uestion. b. All cases involvin/ the le/alit" of an" ta75 i!post5 assess!ent5 or toll5 or an" penalt" i!posed in relation thereto. c. All cases in which the 3urisdiction of an" lower court is in issue. d. All cri!inal cases in which the penalt" i!posed is reclusion perpetua or hi/her. e. All cases in which onl" an error or <uestion of law is involved.
1. 2.
Sandi/naba"an Sharia Court
9'o/ether with the Supre!e Court 5 the afore!entioned tribunals !a.e up the 3udicial depart!ent of our /overn!ent:81* Cou(t of Appeals. 'he Court of Appeals is co!posed of >* Associate &ustices and ( Presidin/ &ustice. 9,A 81G ,A *16>: B. 4u!icial Powe(K 4u!icial Re"iew in Lowe( Cou(ts 4u!icial powe( s#all e "este! in one Supre!e Court and in suc# lowe( cou(ts as !a" be established b" law. &udicial power includes the dut" of the courts of 3ustice to settle actual controversies involvin/ ri/hts which are le/all" de!andable and enforceable5 and to deter!ine whether or not there has been a /rave abuse of discretion a!ountin/ to lac. or e7cess of 3urisdiction on the part of an" branch or instru!entalit" of the Govern!ent. 9Section (: Le*al Bases of lowe( cou(tsL powe( of +u!icial (e"iew% 1. Article VIII- Section <& Since the power of 3udicial review flows fro! 3udicial power and since inferior courts are possessed of 3udicial power5 it !a" be fairl" inferred that the power of 3udicial review is not an e7clusive power of the Supre!e Court. 2. Article VII- Section F3=4& 'his sa!e conclusion !a" be inferred fro! Article V$$$5 Section 891:5 which confers on the Supre!e Court appellate 3urisdiction over 3ud/!ents and decrees of lower courts in certain cases. Note= hile a declaration of unconstitutionalit" !ade b" the Supre!e Court constitutes a precedent bindin/ on all5 a si!ilar decision of an inferior court binds onl" the parties in the case.81) C. 4u(is!iction of Lowe( Cou(ts 3 Statuto() Confe(&ent of 4u(is!iction 'he Con/ress shall have the power to define5 prescribe5 and apportion the 3urisdiction of the various courts. 9Section 1: 2. Constitutional Confe(&ent of 4u(is!iction 4.M. Tuason P Co. ". CAK Cnot ". IAC% 'here is in effect a constitutional confer!ent of ori/inal
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D. Conte&pt Powe(s 9See ,ule +(: 'he power to punish for conte!pt is inherent in al courtsG its e7istence is essential to the preservation of order in 3udicial proceedin/s and to the enforce!ent of 3ud/!ent5 orders5 and !andates of the courts5 and conse<uentl"5 to the due ad!inistration of 3ustice.82C 366: Ba( .uestion Jn the first da" of the trial of a rapeE!urder case where the victi! was a popular 'V star5 over a hundred of her fans rallied at his entrance of the courthouse5 each carr"in/ a placard de!andin/ the conviction of the accused and the i!position of the death penalt" on hi!. 'he rall" was peaceful and did not disturb the proceedin/s of the case. J: Can the trial court order the dispersal o# the rallyists under the pain o# being punished #or contempt o# courtM Suggested Answer: Tes5 the trial court can order the dispersal of the rall" under the pain of bein/ cited for conte!pt. 'he purpose of the rall" is to atte!pt to influence the ad!inistration of 3ustice. As stated in People v. -lores5 12) SC,A *25 an" conduct b" an" part" which tends to directl" or indirectl" i!pede or obstruct or de/rade the ad!inistration of 3ustice is sub3ect to the conte!pt powers of the court. J: I# instead o# a rally, the #ans o# the ictim wrote letters to the newspaper editors demanding the con iction o# the accused, can the trial court punish them #or contemptM Suggested Answer: Do5 the trial court cannot punish for conte!pt the fans of the victi! who wrote letters to the newspaper editors. Since the letters were not addressed to the 3ud/e and the publication of the letters occurred outside the court5 the fans cannot be punished in the absence of a
%&#
Cru), Philippine Political "aw, p. 2&1 (1$$% ed*. ,ernas Commentar-, p $+4 (2##& ed*.
!lade Per6ins v. Director of Prisions, %2 Phil 2/1.
(11
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
clear and present dan/er to the ad!inistration of 3ustice. E. .ualifications 3. .ualifications of Me& e(s of Cou(t of Appeals (. ;ust be a naturalEborn citi0en of the Philippines 9Section +9(:: 2. ;ust be a !e!ber of the Philippine Bar 9Section +91:: &. ;ust be a person of proven co!petence5 inte/rit"5 probit"5 and independence. 9Section +92:: 6. Possessin/ other <ualifications prescribed b" Con/ress 9Section +91:: Section + of BP (1) provides that5 $!he +residing ;ustice and the Associate ;ustice shall ha e the same %uali#ications as those pro ided in Constitution #or ;ustice o# the Supreme Court$. #ence5 the !e!bers of the CA !ust also be= a. ;ust at least be 6C "ears of a/eG b. ;ust have been for (8 "ears or !ore a 3ud/e of a lower court or en/a/ed in the practice of law in the Philippines 2. Constitutional .ualifications fo( NonH colle*iate cou(ts (. Citi0ens of the Philippines 9Section +91:: 1. ;e!bers of the Philippine Bar 9Section +91:: 2. Possessin/ the other <ualifications prescribed b" Con/ress 9Section +91:: 4. ;ust be a person of proven co!petence5 inte/rit"5 probit" and independence. 9Section +92:: .ualifications of RTC 4u!*es% 1. Citi0en of the PhilippinesG 9Section +91:: 1. ;e!ber of the Philippine Bar 9Section +91:: 2. A person of proven co!petence5 inte/rit"5 probit" and independence. 6. Possessin/ the other <ualifications prescribed b" Con/ress 9Section +91:: a* At least 28 "ears old 9BP (1)5 Section (8: b* #as been en/a/ed for at least H(CI "ears in the practice of law in the Philippines or has held public office in the Philippines re<uirin/ ad!ission to the practice of law as an indispensable re<uisite. 9BP (1)5 Section (8:
.ualifications of MTC' MeTC' MCTC 4u!*es% (. Citi0en of the PhilippinesG 9Section +91:: 1. ;e!ber of the Philippine Bar 9Section +91:: 2. A person of proven co!petence5 inte/rit"5 probit" and independence. 6. Possessin/ the other <ualifications prescribed b" Con/ress 9Section +91:: a: At least 28 "ears old 9BP (1)5 Section 1>: b* #as been en/a/ed for at least 8 "ears in the practice of law in the Philippines or has held public office in the Philippines re<uirin/ ad!ission to the practice of law as an indispensable re<uisite. 9BP (1)5 Section 1>: .ualifications of CTA 4u!*es% &ud/es of the C'A shall /ave the sa!e <ualifications as ;e!bers of the Supre!e Court. 9,A Do. ((185 Section ( in relation to CA Do. (C15 Section (: .ualifications of Me& e(s of San!i*an a)an% Do person shall be appointed as ;e!ber of the Sandi/anba"an unless he is at least fort" "ears of a/e and for at least (C "ears has been a 3ud/e of a court of record or has been en/a/ed in the practice of law in the Philippines or has held office re<uirin/ ad!ission to the bar as a prere<uisite for a li.e period. 9PD Do. (>C> as a!ended5 Section (: .ualifications of +u!*es of S#a(iLa Cou(ts% $n addition to the <ualifications for ;e!bers of ,e/ional 'rial Courts5 a 3ud/e of the Sharia@s district court !ust be learned in the $sla!ic Law and &urisprudence. 9PD Do. (C*25 Article (6C: Do person shall be appointed 3ud/e of the Shari@a Circuit Court unless he is at least 18 "ears of a/e5 and has passed an e7a!ination in the Shari@a and $sla!ic 3urisprudence to be /iven b" the Supre!e Court for ad!ission to special !e!bership in the Philippine Bar to practice in the Shari@a courts. 9PD Do. (C*25 Article (81: Note% Con/ress !a" not alter the constitutional <ualifications of !e!bers of the &udiciar". But Con/ress !a" alter the statutor" <ualifications of 3ud/es and 3ustices of lower courts.82( $t behooves ever" prospective appointee to the &udiciar" to apprise the appointin/ authorit" of ever" !atter bearin/ on his fitness for 3udicial office5 includin/ such circu!stances as !a" reflect on his inte/rit" and probit". 'hus the fact that a prospective 3ud/e failed to disclose that he had been ad!inistrativel" char/ed and dis!issed fro!
%&1
,ernas Primer at &%+ (2##+ ed.*
(12
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 'he Supre!e Court en banc shall have the power of discipline 3ud/es of lower courts5 or order their dis!issal b" a vote of a !a3orit" of the ;e!bers who actuall" too. part in the deliberations on the issues in the case and voted thereon. Accordin/ to +eople . 6acott, ('((5/, onl" dis!issal of 3ud/es5 disbar!ent of a law"er5 suspension of either for !ore than ( "ear or a fine e7ceedin/ (C5CCC pesos re<uires en banc decision. 'he /rounds for the re!oval of a 3udicial officer should be established be"ond reasonable doubt5 particularl" where the char/es on which the re!oval is sou/ht are !isconduct in office5 willful ne/lect5 corruption and inco!petence. 9Jffice of the &udicial Ad!inistrator v. Pascual5 ())>: 0. P(o#i ition 'he !e!bers of courts established b" law shall not be desi/nated to an" a/enc" perfor!in/ <uasiE 3udicial or ad!inistrative functions. 9Section (1: 'hus5 where a 3ud/e was desi/nated !e!ber of the Ilocos 0orte +ro incial Committee on ;ustice b" the Provincial Governor where the function of the Co!!ittee was to receive co!plaints and !a.e reco!!endations towards the speed" disposition of cases of detainees5 the !esi*nation was in"ali!ate!. 9In re ;an0ano5 (>> SC,A 16> 9()**:. I. Deci!in* a Case 3. Consultation 'he conclusions of the Hlo er colle#iate courtsI in an" case sub!itted to it for decision en banc or in division shall be reached in consultation before the case is assi/ned to a ;e!ber for the writin/ of the opinion of the court. A certification to this effect si/ned b" the HChief &usticeI shall be issued and a cop" thereof attached to the record of the case and served upon the parties. An" ;e!bers who too. no part5 or dissented5 or abstained fro! a decision or resolution !ust state the reason therefor. 9Section (2: Note% CA sits in divisions when it hears casesG the onl" ti!e to convenes as one bod" is to ta.e up !atters of ad!inistration. 2. State&ent of -acts an! Law Do decision shall be rendered b" an" court without e7pressin/ therein clearl" and distinctl" the facts and the law on which it is based. Do petition for review or !otion for reconsideration of a decision of the court shall be refused due
the service for /rave !isconduct b" a for!er President of the Philippines was used a/ainst hi!. $t did not !atter that he had resi/ned fro! office and that the ad!inistrative case a/ainst hi! had beco!e !oot and acade!ic.821 D. Appoint&ent 'he 3ud/es of lower courts shall be appointed b" the President fro! a list of at least three no!inees prepared b" the &udicial and Bar Council for ever" vacanc". Such appoint!ents need no confir!ation. -or the lower courts5 the President shall issue the appoint!ents within ninet" da"s fro! the sub!ission of the list. 9Section ): 'wo !onths i!!ediatel" before the ne7t presidential elections and up to the end of his ter!5 a President or actin/ President shall not !a.e appoint!entsK 9Article V$$5 Section (8:. $n In 9e: Mateo <alen=uela, '(()5 it was held that durin/ this period 9when appoint!ents are prohibited:5 the President is not re<uired to !a.e appoint!ents to the courts nor allowed to do so. hile the fillin/ up of vacancies in the &udiciar" is in the public interest5 there is no showin/ in this case of an" co!pellin/ reason to 3ustif" the !a.in/ of the appoint!ents durin/ the period of the ban. E. Sala(ies 'he salar" of 3ud/es of lower courts shall be fi7ed b" law. Durin/ their continuance in office5 their salar" shall not be decreased. 9Section (C: $!position of inco!e ta7 on salaries of 3ud/es does not violate the constitutional prohibition a/ainst decrease in salaries.9Ditafan v. 'an5 (81 SC,A 1*6: -. Tenu(e 'he 3ud/es of lower courts shall hold office durin/ /ood behavior until the" reach the a/e of se"ent) )ea(s or beco!e incapacitated to dischar/e the duties of their office. 9Section ((: Do law shall be passed reor/ani0in/ the &udiciar" when it under!ines the securit" of tenure of !e!bers. 9Section 1: $n <argas . <illaro=a, 9*C Phil 1)+ 9()*1:5 the Supre!e Court held that the /uarantee of securit" of tenure is a /uarantee not 3ust a/ainst Aactual re!ovalB but also of Auninterrupted continuit" in tenure.B /. Discipline1 Re&o"al
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.n re 86C v. 8ud%e ;uitain! J'C No. 013, Au(u#t 22, 2007.
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FRATERNAL ORDER
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UTOPIA
ARIS S. MANGUERA
course or denied without statin/ the le/al basis therefor. 9Section (6: G. Pe(io! in Deci!in* Case Cou(t Pe(io! Supre!e Court 2A &ont#s 9Section (8: Court of Appeals 32 &ont#s 9Section (8: Sandi/anba"an G &ont#s 9,e Proble! of Dela"s in Sandi/anba"an: All other lower courts G &ont#s 9Section (8: 9(: All cases or !atters filed after the effectivit" of ()*+ Constitution !ust be decided or resolved within5 unless reduced b" the Supre!e Court5 twel"e &ont#s fo( all lowe( colle*iate cou(ts5 and t#(ee &ont#s fo( all ot#e( lowe( cou(ts. 91: A case or !atter shall be dee!ed sub!itted for decision or resolution upon the filin/ of the last pleadin/5 brief5 or !e!orandu! re<uired b" the ,ules of Court or b" the court itself. 96: Despite the e7piration of the applicable !andator" period5 the court5 without pre3udice to such responsibilit" as !a" have been incurred in conse<uence thereof5 shall decide or resolve the case or !atter sub!itted thereto for deter!ination5 without further dela". 9Section (8: RE P(o le& of Dela)s in t#e San!i*an a)an 'he provision in Article V$$$5 Section (8 of the ()*+ Constitution which sa"s that cases or !atters filed !ust be decided b" Alower colle/iate courtsB within (1 !onths5 does not appl" to the Sandi/anba"an. 'he provision refers to re/ular courts of lower colle/iate level5 which is the Court of Appeals. 'he Sandi/anba"an is a special court on the sa!e level as the Court of Appeals5 possessin/ all inherent powers of a court of 3ustice with the sa!e functions of a trial court. 'he Sandi/anba"an5 bein/ a special court5 shall have the power to pro!ul/ate its own rules. $n fact5 it pro!ul/ated its own rules re/ardin/ the re/le!entar" period of undecided cases under its 3urisdiction. $n its own rules it sa"s that 3ud/!ents on pendin/ cases shall be rendered within 2 !onths. Also5 the law creatin/ the Sandi/anba"an is also clear with the 2 !onth re/le!entar" period. 'he Sandi/anba"an5 in a sense5 acts li.e a trial court5 therefore a 2 !onth and not a (1 !onth re/le!entar" period.
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FRATERNAL ORDER
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ARIS S. MANGUERA
upon the filin/ of the last pleadin/5 brief5 or !e!orandu! re<uired b" the rules of the Co!!ission or b" the Co!!ission itself. 4nless otherwise provided b" this Constitution or b" law5 an" decision5 order5 or rulin/ of each Co!!ission !a" be brou/ht to the Supre!e Court on certiorari b" the a//rieved part" within thirt" da"s fro! receipt of a cop" thereof. Section 7. Each Co!!ission shall perfor! such other functions as !a" be provided b" law.
A(ticle II CONSTIT$TIONAL COMMISSIONS

I& COMMON PROVISIONS 9Article $SEA: II& CIVI. SERVICE COMMISSION 9Article $SEB: III& COMMISSION ON E.EC,IONS 9Article $SEC: IV& COMMISSION ON A?DI,9Article $SED:
I. Co&&on P(o"isions In!epen!ent Constitutional Commissions Safe#uar!s Insurin# In!epen!ence Inhi%itions on the Mem%ers of the Commissions Rotational Scheme Reappointment Procee!in#s Enforcement of Decisions
Section 3. 'he Constitutional Co!!issions5 which shall be independent5 are the Civil Service Co!!ission5 the Co!!ission on Elections5 and the Co!!ission on Audit. Section 2. Do !e!ber of a Constitutional Co!!ission shall5 durin/ his tenure5 hold an" other office or e!plo"!ent. Deither shall he en/a/e in the practice of an" profession or in the active !ana/e!ent or control of an" business which5 in an" wa"5 !a" be affected b" the functions of his office5 nor shall he be financiall" interested5 directl" or indirectl"5 in an" contract with5 or in an" franchise or privile/e /ranted b" the Govern!ent5 an" of its subdivisions5 a/encies5 or instru!entalities5 includin/ /overn!entEowned or controlled corporations or their subsidiaries. Section. G. 'he salar" of the Chair!an and the Co!!issioners shall be fi7ed b" law and shall not be decreased durin/ their tenure. Section A. 'he Constitutional Co!!issions shall appoint their officials and e!plo"ees in accordance with law. Section B. 'he Co!!ission shall en3o" fiscal autono!". 'heir approved annual appropriations shall be auto!aticall" and re/ularl" released. Section :. Each Co!!ission en banc !a" pro!ul/ate its own rules concernin/ pleadin/s and practice before it or before an" of its offices. Such rules5 however5 shall not di!inish5 increase5 or !odif" substantive ri/hts. Section 8. Each Co!!ission shall decide b" a !a3orit" vote of all its ;e!bers5 an" case or !atter brou/ht before it within si7t" da"s fro! the date of its sub!ission for decision or resolution. A case or !atter is dee!ed sub!itted for decision or resolution
A. In!epen!ent Constitutional Co&&issions 'he independent constitutional co!!issions are the= (. Civil Service Co!!ission 1. Co!!ission on Elections 2. Co!!ission on Audit .% h" have these co!!issions been !ade constitutional co!!issionsR A% 'he CSC5 CJA and CJ;ELEC perfor! .e" functions in the /overn!ent. In o(!e( to p(otect t#ei( inte*(it)5 the" have been !ade constitutional bodies.822 B. Safe*ua(!s Insu(in* t#e In!epen!ence of t#e Co&&issionsBGA
1. 2. &. 4. %. +.
/.
'he" are constitutionall" createdG the" !a" not be abolished b" statute. 9Art. $SEA5 Q(: Each is e7pressl" described as Aindependent.B 9Art. $SEA5 Q(: Each is conferred certain powers and functions which cannot be reduced b" statute. 9Art. $SEB5 C and D: 'he Chair!en and !e!bers cannot be re!oved e7cept b" i!peach!ent. 9Art. S$5 Q1: 'he Chair!en and !e!bers are /iven fairl" lon/ ter! of office of + "ears. 9Art. $SEB5 C and Q(91:: 'he ter!s of office of the chair!en and !e!bers of all the co!!issioners are sta//ered in such a wa" as to lessen the opportunit" for appoint!ent of the !a3orit" of the bod" b" the sa!e President. 9Art. $SEB5 C and Q(91:: 'he chair!en and !e!bers !a" not be reappointed or appointed in an actin/ capacit".828 9Art. $SEB5 C and Q(91::
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,ernas Primer at &+/ (2##+ ed.*
Cru), Philippine Political "aw, p. 2/2 (1$$% ed*. 0n 4atibag v. ,enipa-o, the !C said that when an ad interim appointment (of the Chairman of C;49"9C* is not confirmed (as it was b-7passed, or that there was no ample time for the Commission on Appointments to pass upon the same*, another ad interim appointment ma- be e.tended to the appointee without violating the Constitution.
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA fro! the! an" te!ptation to ta.e advanta/e of their official positions for selfish purposes.82> ;P(actice of p(ofession? for the purpose of Section 25 does not include teachin/. 'hus5 a law"er who teaches law does not thereb"5 for the purpose of Section 15 violate the prohibition of practice of a profession. 9$ ,ECJ,D 866E8885 88*E 88): P(o#i ition of ;acti"e &ana*e&ent? does not prohibit a Co!!issioner fro! ownin/ business but it prohibits hi! fro! bein/ the !ana/in/ officer or a !e!ber of the /overnin/ board of a business5 Awhich in an" wa" !a" be affected b" the functions of his office5B a <ualif"in/ phrase which does not appl" to the prohibition of a practice of a profession. 9$ ,ECJ,D 881E88): D. Rotational Sc#e&e of Appoint&ents 9())) Bar Q: 9Section (91: of Article $SEB5 C and D.: 'he first appointees shall serve +5 8 and 2 "ears respectivel". Reason fo( Sta**e(in* of Te(&s% (. 'o lessen the opportunit" of the President to appoint a !a3orit" of the bod" durin/ his ter!G 1. 'o ensure continuance of the bod"5 which alwa"s retains 1%2 of its !e!bership. &. 'he s"ste! is e7pected to stabili0e the policies of the bod" as !aintained b" the re!ainin/ !e!bers.82+ 6amin!e v& COA- Decem%er <E- =HHH& $t was held that in order to preserve the periodic succession !andated b" the Constitution5 the rotational plan re<uires two conditions= 1. 'he ter!s of the first co!!issioners should start on a co!!on date 9-e 2' 3678:G and 1. An" vacanc" due to death5 resi/nation or disabilit" before the e7piration of the ter! should onl" be filled for the une7pired balance of the ter!. E. P(ocee!in*s 3. Decision 'here is no decision until the draft is si/ned and pro!ul/ated. #ence5 if a co!!issioner si/ns a decision but retires before the decision is pro!ul/ated5 his vote does not count even if it was he who penned the decision. 9A!bil v. CJ;ELEC5 Jctober 185 1CC8:
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2.
$. 1#.
11. 12.
'he salaries of the chair!an and !e!bers are relativel" hi/h and !a" not be decreased durin/ continuance in office. 9Art. $SEA5 Q2G Art. SV$$$5 Q(+ : 'he Co!!issions en3o" fiscal autono&). 9Art. $SEA5 Q8: Each Co!!ission !a" pro!ul/ate its own procedural rules5 provided the" do not di!inish5 increase or !odif" substantive ri/hts. 9Art. $SEA5 Q6: 'he chair!en and !e!bers are sub3ect to certain dis<ualifications calculated to stren/then their inte/rit". 9Art. $SEA5 Q6: 'he Co!!issions !a" appoint their own officials and e!plo"ees in accordance with Civil Service Law. 9Art. $SEA5 Q6:
.% 'here are independent offices specificall" authori0ed b" the Constitution to appoint their officials. Does this i!pl" that their appoint!ent will not be sub3ect to Civil Service Law and ,ulesR A% Do. if this were the case5 these independent bodies would arro/ate upon the!selves a power that properl" belon/s to the Civil Service Co!!ission. #ad the intention of the fra!ers of the Constitution been to isolate and /rant full independence to Constitutional Co!!ission in the !atter of appoint!ents5 it would have been so provided. But that is not the case. And since all !atters pertainin/ to appoint!ents are within the real! of e7pertise of the CSC5 all laws5 rules and re/ulations it issues on appoint!ents !ust be co!plied with. 9J!buds!an v. CSC5 -ebruar" (>5 1CC8: C. In#i itions1DisMualifications 9Section 1: ;e!bers of constitutional co!!issions= 1. Shall not5 !urin# tenure5 hold an" other office or e!plo"!entG 2. Shall not en/a/e in the practice of an' professionG &. Shall not en/a/e in the active mana#ement or control of an" business which in an" wa" !a" be affected b" the functions of his office. 4. Shall not be financiall' intereste!5 directl" or indirectl"5 in an" contract with5 or in an" franchise or privile/e /ranted b" the Govern!ent5 an" of its subdivisions5 a/encies or instru!entalities5 includin/ /overn!entE owned or controlled corporation or their subsidiaries. Pu(pose of DisMualifications. 'o co!pel the chair!en and !e!bers of the Constitutional Co!!issions to devote their full attention to the dischar/e of their duties and5 as well5 to re!ove
Cru), Philippine Political "aw, p. 22# (1$$% ed*. Cru), Philippine Political "aw, p. 22$ (1$$% ed*.
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 3urisdiction of the trial court which has ac<uired 3urisdiction over the cri!inal case.: .% 0ow a(e !ecisions of t#e co&&issions (e"iewe! ) t#e SC, Co&&ission on Au!it% &ud/!ents or final orders of the Co!!ission on Audit !a" be brou/ht b" an a//rieved part" to the Supre!e Court on certiorari under ,ule >8. Jnl" when CJA acts without or e7cess in 3urisdiction5 or with /rave abuse of discretion a!ountin/ to lac. or e7cess of 3urisdiction5 !a" the SC entertain a petition for certiorari under ,ule >8. Ci"il Se("ice Co&&ission% $n the case of decisions of the CSC5 Ad!inistrative Circular (E)882* which too. effect on &une (5 ())85 provides that final resolutions of the CSC shall be appealable b" certiorari to the CA within (8 da"s fro! receipt of a cop" thereof. -ro! the decision of the CA5 the part" adversel" affected thereb" shall file a petition for review on certiorari under Rule AB of the ,ules of Court. .% hen certiorari to the Supre!e Court is chosen5 what is re<uiredR A% ,ule >85 Section ( sa"s that certiorari !a" be resorted to when there is no other plain or speed" and ade<uate re!ed". But reconsideration is a speed" and ade<uate re!ed". #ence5 a case !a" be brou/ht to the Supre!e Court onl" after reconsideration. 9As a conse<uence5 in the case of decisions of the CJ;ELEC5 onl" decision en banc !a" be brou/ht to the Court b" certiorari since Article $SEC5 2 sa"s that !otions for reconsideration of decisions shall be decided b" the Co!!ission en banc. 9,e"es v. ,'C5 ())8: -. Enfo(ce&ent of Decisions 'he final decisions of the Civil Service Co!!ission are enforceable b" a w(it of e@ecution that the Civil Service Co!!ission !a" itself issue. 9VitalE Go0on v. CA5 1(1 SC,A 128: /. -iscal Autono&) Article $SEA5 Section 8 /ives the constitutional co!!issions fiscal autono!"5 that is5 their approved annual appropriations shall be auto!aticall" and re/ularl" released and shall not be sub3ect to preEaudit.82)
2. W#o &a9es t#e !ecision 'he decisions are !ade b" the bod" and not b" individual !e!bers. Do individual !e!ber !a" !a.e a decision for the Co!!ission. ;uch less !a" cases be decided b" subordinates of the Co!!ission. Dot even the Co!!ission@s le/al counsel !a" !a.e a decision fro the Co!!ission. G. Each Co!!ission shall decide ) a &a+o(it) "ote of all its Mem%ers an" case or !atter brou/ht before it within si7t" da"s fro! the date of its sub!ission for decision. 9Article $SEA Section +: 'he provision is clear that what is re<uired is the !a3orit" vote of all the !e!bers5 not onl" of those who participated in the deliberations and voted thereon. 9Estrella v. CJ;ELEC5 ;a" 1+5 1CC6: 9Article $SEB5 Section 1 allows the CJ;ELEC to !a.e decisions in divisions: $n the CJ;ELEC5 there is full Co!!ission to for! a banc if there are four Co!!issioners left. .% 'wo co!!issioners who participated in the consideration of the case retired before the pro!ul/ation of the CJ;ELEC decision but after the" cast their vote. -our co!!issioners were left. Should the votes of the retirees be countedR A% Do. 'heir vote should be auto!aticall" withdrawn. 'here is no decision until it is pro!ul/ated. .% $s the 2E( vote of the re!ainin/ co!!issioners a valid decision en banc. A% 'he vote of 2 is a !a3orit" vote of all. 9Du!a"as v. CJ;ELEC5 April 1C5 1CC(: A. $nless ot#e(wise p(o"i!e! ) t#is Constitution o( ) law5 an" decision5 order5 or rulin/ of each Co!!ission !a" be brou/ht to the Supre!e Court on certiorari b" the a//rieved part" within 2C da"s fro the receipt thereof. 9Article $SEA Section +: 'he certiorari referred to is a special ci"il action fo( ce(tio(a(i under ,ule >8. 9Dario v. ;ison: 'he certiorari 3urisdiction of the Supre!e Court is li!ited to decision rendered in actions or proceedin/s ta.en co/ni0ance of b" the Co!!issions in the e7ercise of their ad3udicator" or <uasiE3udicial powers. 9$t does not refer to purel" e7ecutive powers such as those which relate to the CJ;ELEC@s appointin/ power. #ence5 <uestions arisin/ fro! the award of a contract for the construction of votin/ booths can be brou/ht before a trial court. Si!ilarl"5 actions ta.en b" the CJ;ELEC as prosecutor co!e under the
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Pursuant to =A /$#2. ,ernas Commentar-, p 1##&(2##& ed*.
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA scope of its constitutional authorit". Con/ress tra!pled upon the constitutional !andate of independence of the CJ;ELEC.: 9;acalintal v. CJ;ELEC5 &ul" (C5 1CC2: $f the rules pro!ul/ated b" a Co!!ission are inconsistent with a statute5 the statute prevails. 9Antonio v. CJ;ELEC5 Septe!ber 115 ())): II. Ci"il Se("ice Co&&ission Composition of CSC +unctions@ O%5ective of CSC Nature of the Po ers of CSC Aualifications of CSC Commissioners Appointment of CSC Commissioners Scope of Civil Service Classification of Positions Classes of Service Dis2ualifications Securit' of ,enure Partisan Political Activit' Ri#ht to Self;or#ani1ation Protection to ,emporar' Emplo'ees Stan!ar!i1ation of Compensation Dou%le Compensation
Section 3. 9(: 'he civil service shall be ad!inistered b" the Civil Service Co!!ission co!posed of a Chair!an and two Co!!issioners who shall be naturalEborn citi0ens of the Philippines and5 at the ti!e of their appoint!ent5 at least thirt"Efive "ears of a/e5 with proven capacit" for public ad!inistration5 and !ust not have been candidates for an" elective position in the elections i!!ediatel" precedin/ their appoint!ent. 91: 'he Chair!an and the Co!!issioners shall be appointed b" the President with the consent of the Co!!ission on Appoint!ents for a ter! of seven "ears without reappoint!ent. Jf those first appointed5 the Chair!an shall hold office for seven "ears5 a Co!!issioner for five "ears5 and another Co!!issioner for three "ears5 without reappoint!ent. Appoint!ent to an" vacanc" shall be onl" for the une7pired ter! of the predecessor. $n no case shall an" ;e!ber be appointed or desi/nated in a te!porar" or actin/ capacit". Section 2. 9(: 'he civil service e!braces all branches5 subdivisions5 instru!entalities5 and a/encies of the Govern!ent5 includin/ /overn!entE owned or controlled corporations with ori/inal charters. 91: Appoint!ents in the civil service shall be !ade onl" accordin/ to !erit and fitness to be deter!ined5 as far as practicable5 and5 e7cept to positions which are polic"Edeter!inin/5 pri!aril" confidential5 or hi/hl" technical5 b" co!petitive e7a!ination. 92: Do officer or e!plo"ee of the civil service shall be re!oved or suspended e7cept for cause provided b" law. 96: Do officer or e!plo"ee in the civil service shall en/a/e5 directl" or indirectl"5 in an" electioneerin/ or partisan political ca!pai/n.
-iscal Autono&). $n Civil Service Commission v& D)M- *ul' ==- =HHF- the SC said that the Ano report5 no releaseB polic" !a" not be validl" enforced a/ainst offices vested with fiscal autono!"5 without violatin/ Section 8 of Article $SE A of the Constitution. 'he Aauto!atic releaseB of approved annual appropriations to petitioner5 a constitutional co!!ission vested with fiscal autono!" should thus be construed to !ean that no condition to fund releases to it !a" be i!posed. 777 #owever5 petitioner@s clai! that its bud/et !a" not be reduced b" Con/ress below the a!ount appropriated for the previous "ear5 as in the case of the &udiciar"5 !ust be re3ected. 'he provisions in Section 25 Article V$$$5 prohibitin/ the reduction in the appropriation for the &udiciar" below the a!ount appropriated for the previous "ear does not appear in Section 85 Article $SEA. 'he plain i!plication of this o!ission is that Con/ress is not prohibited fro! reducin/ the appropriations of Constitutional Co!!issions below the a!ount appropriated for the! for the previous "ear. Note% 'he Supre!e Court said that the Co!!ission on #u!an ,i/hts5 unli.e the three constitutional co!!issions5 does not en3o" fiscal autono!". 9C#, E!plo"ees Association v. C#,5 Dove!ber 185 1CC6:. 0. Powe( to P(o&ul*ate Rules of P(oce!u(e Article $SEA5 Section > /ives the constitutional co!!issions authorit"5 sittin/ en5 to pro!ul/ate rules of procedure. .% $n case of conflict between a rule of procedure pro!ul/ated b" a Co!!ission and a ,ule of Court5 which prevailsR A% $n case of conflict between a rule of procedure pro!ul/ated b" a Co!!ission and a ,ule of Court5 the rule of the Co!!ission should prevail if the proceedin/ is before the Co!!issionG but if the proceedin/ is before a court5 the ,ules of Court prevail. 9Aruelo &r. v. CA5 Jctober 1C5 ())2: .% ;a" the Supre!e Court disapprove internal rules pro!ul/ated b" the Co!!issionsR A% 'he Supre!e Court has no power to disapprove Co!!ission rules e7cept throu/h the e7ercise of the power of A3udicial reviewB when such Co!!ission rules violate the Constitution.86C .% ;a" Con/ress assu!e power to review rules pro!ul/ated b" the Co!!issionR A% Do. 9B" vestin/ itself with the powers to approve5 review5 a!end5 and revise the $!ple!entin/ ,ules for the Jverseas Absentee Votin/ Act of 1CC25 Con/ress acted be"ond the
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,ernas Commentar-, p 1##&(2##& ed*.
(1)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
98: 'he ri/ht to selfEor/ani0ation shall not be denied to /overn!ent e!plo"ees. 9>: 'e!porar" e!plo"ees of the Govern!ent shall be /iven such protection as !a" be provided b" law. Section G. 'he Civil Service Co!!ission5 as the central personnel a/enc" of the Govern!ent5 shall establish a career service and adopt !easures to pro!ote !orale5 efficienc"5 inte/rit"5 responsiveness5 pro/ressiveness5 and courtes" in the civil service. $t shall stren/then the !erit and rewards s"ste!5 inte/rate all hu!an resources develop!ent pro/ra!s for all levels and ran.s5 and institutionali0e a !ana/e!ent cli!ate conducive to public accountabilit". $t shall sub!it to the President and the Con/ress an annual report on its personnel pro/ra!s. Section A. All public officers and e!plo"ees shall ta.e an oath or affir!ation to uphold and defend this Constitution. Section B. 'he Con/ress shall provide for the standardi0ation of co!pensation of /overn!ent officials and e!plo"ees5 includin/ those in /overn!entEowned or controlled corporations with ori/inal charters5 ta.in/ into account the nature of the responsibilities pertainin/ to5 and the <ualifications re<uired for5 their positions. Section :. Do candidate who has lost in an" election shall5 within one "ear after such election5 be appointed to an" office in the Govern!ent or an" Govern!entEowned or controlled corporations or in an" of their subsidiaries. Section 8. Do elective official shall be eli/ible for appoint!ent or desi/nation in an" capacit" to an" public office or position durin/ his tenure. 4nless otherwise allowed b" law or b" the pri!ar" functions of his position5 no appointive official shall hold an" other office or e!plo"!ent in the Govern!ent or an" subdivision5 a/enc" or instru!entalit" thereof5 includin/ Govern!entEowned or controlled corporations or their subsidiaries. Section 7. Do elective or appointive public officer or e!plo"ee shall receive additional5 double5 or indirect co!pensation5 unless specificall" authori0ed b" law5 nor accept without the consent of the Con/ress5 an" present5 e!olu!ent5 office5 or title of an" .ind fro! an" forei/n /overn!ent. Pensions or /ratuities shall not be considered as additional5 double5 or indirect co!pensation.
2.
'he CSC as the pe(sonnel a*enc) of t#e *o"e(n&ent shall establish a career serviceG 2. $t shall adopt !easures to pro!ote !orale5 efficienc"5 inte/rit"5 responsiveness5 pro/ressiveness5 and courtes" in the civil service. 6. $t shall stren/then the !erit and rewards s"ste!G 8. $t shall inte/rate all hu!an resources develop!ent pro/ra!s for all levels and ran.sG >. $t shall institutionali0e a !ana/e!ent cli!ate conducive to public accountabilit". /. $t shall sub!it to the President and the Con/ress an annual report on its personnel pro/ra!s. 9Article $SEB5 Section 2: Powe( to /(ant Ci"il Se("ice Eli*i ilit). $n the e7ercise of its powers to i!ple!ent ,A >*8C 9/rantin/ civil service eli/ibilit" toe e!plo"ees under provisional or te!porar" status who have rendered seven "ears of efficient service:5 the CSC en3o"s wide latitude of discretion and !a" not be co!pelled b" !anda!us to issue eli/ibilit". 9'orre/o0a v. CSC: But the CSC cannot validl" abolish the Career E7ecutive Service Board 9CESB:G because the CESB was created b" law5 it can onl" be abolished b" the Le/islature 9Eu/enio v. CSC5 ())8: Powe( to #ea( an! !eci!e a!&inist(ati"e cases. 4nder the Ad!inistrative Code of ()*+5 the CSC has the power to hear and decide ad!inistrative cases instituted before it directl" or on appeal5 includin/ contested appoint!ents.86( 4u(is!iction on Pe(sonnel actions. $t is the intent of the Civil Service Law5 in re<uirin/ the establish!ent of a /rievance procedure5 that decisions of lower officials 9in cases involvin/ personnel actions: be appealed to the a/enc" head5 then to the CSC. 'he ,'C does not have 3urisdiction over such personal actions. 9Jlanda v. Bu/a"on/5 1CC2: Aut#o(it) to Recall Appoint&ents. 'he J!nibus ,ules i!ple!entin/ the Ad!inistrative Code provides5 a!on/ others5 that notwithstandin/ the initial approval of an appoint!ent5 the sa!e !a" be recalled for violation of other e7istin/ Civil service laws5 rules and re/ulations. 'hus5 in :ebulgado . CSC, it was held that the power of the CSC includes the authorit" to recall appoint!ent initiall" approved in disre/ard of applicable provisions of the Civil Service law and re/ulations.861
%41
A. Co&position of CSC Civil Service Co!!ission is co!posed of a Chair!an and two Co!!issioners. 9Article $SEB5 Section (9(:: B. -unctions of CSC
1.
'he CSC shall ad!inister the civil service. 9Art. $SEB5 Q(9(::
Antonio ,. :achura, ;utline<=eviewer in Political "aw, &#/ (2##+*

%42
(2C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 6. ;ust not have been candidates for an" elective position in the elections i!!ediatel" precedin/ their appoint!ent. 9Article $SEB5 Section (9(::
O(i*inal +u(is!iction to #ea( an! !eci!e a co&plaint fo( c#eatin*. 'he Co!!ission has ori/inal 3urisdiction and decide a co!plaint for cheatin/ in the Civil Service e7a!inations co!!itted b" /overn!ent e!plo"ees. 'he fact that the co!plaint was filed b" the CSC itself does not !ean that it cannot be an i!partial 3ud/e. 9Cru0 v. CSC. 1CC(:862 .% hen there are !ore than one person <ualified for a position5 !a" the CSC dictate to the appointin/ authorit" who a!on/ those <ualified should be appointedR A% Do. the power of the CSC is li!ited to attestin/ to the eli/ibilit" or ineli/ibilit" of the appointee. 9Jrbos v. CSC5 ())C:866 .% ;a" the CSC revo.e a certificate of eli/ibilit"R A% Tes. As central personnel a/enc" of the /overn!ent5 the CSC !a" revo.e a certificate of eli/ibilit" motu propio. 'he power to issue a certificate of eli/ibilit" carries with it the power to revo.e one that has been /iven. hether hearin/ is re<uired for revocation depends on circu!stances of a case. 9'hus5 where the case Asi!pl" involves the rechec.in/ of e7a!ination papers and nothin/ !ore than a reEevaluation of docu!ents alread" in the records of the CSC accordin/ to a standard answer .e" previousl" set b" it5 notice and hearin/ is not re<uired. $nstead5 what Hwould appl" in such a case isI the rule of res ipsa lo%uitor.$ 9La0o v. CSC5 ())6: .% hat 3urisdiction does the CSC have over the personnel cases /iven b" statute to the 3urisdiction of the ;erit S"ste!s BoardR A% $t has onl" auto!atic review 3urisdiction5 not ori/inal 3urisdiction. 9GS$S v. CSC5 ())(: C. Natu(e of t#e Powe(s of CSC 'he Co!!ission is an ad!inistrative a/enc"5 nothin/ !ore. As such5 it can onl" perfor! powers proper to an ad!inistrative a/enc". $t can perfor! e7ecutive powers5 <uasiE3udicial powers and <uasiE le/islative or ruleE!a.in/ powers.868 D. .ualifications of CSC Co&&issione(s (. DaturalEborn citi0ens of the PhilippinesG At the ti!e of their appoint!ent5 at least thirt"E five "ears of a/eG ith proven capacit" for public ad!inistrationG
E. Appoint&ent of CSC Co&&issione(s 'he Chair!an and the Co!!issioners shall be appointed b" the President with the consent of the Co!!ission on Appoint!ents for a ter! of seven "ears without reappoint!ent. Jf those first appointed5 the Chair!an shall hold office for seven "ears5 a Co!!issioner for five "ears5 and another Co!!issioner for three "ears5 without reappoint!ent. Appoint!ent to an" vacanc" shall be onl" for the une7pired ter! of the predecessor. $n no case shall an" ;e!ber be appointed or desi/nated in a te!porar" or actin/ capacit". 9Article $SEB5 Section (91:: Reason fo( Sta**e(in* of Te(&s% (. 'o lessen the opportunit" of the President to appoint a !a3orit" of the bod" durin/ his ter!G 1. 'o ensure continuance of the bod"5 which alwa"s retains 1%2 of its !e!bership. &. 'he s"ste! is e7pected to stabili0e the policies of the bod" as !aintained b" the re!ainin/ !e!bers.86> -. Scope of Ci"il Se("ice S)ste& 'he civil service e!braces all branches5 subdivisions5 instru!entalities5 and a/encies of the Govern!ent5 includin/ /overn!entEowned or controlled corporations ith ori#inal charters. 9Article $SEB5 Section 19(:: Test fo( !ete(&inin* w#et#e( a *o"e(n&ent owne! o( cont(olle! co(po(ation is su +ect to t#e Ci"il Se("ice Law% 'he test is the !anner of its creation. Corporations created b" special charter are sub3ect to the Civil Service5 whereas corporations incorporated under the Corporation Law are not. 9PDJC v. Leo/ardo5 ()*): Co(po(ations wit# o(i*inal c#a(te(s. 'he" are those created b" special law5 li.e GS$S5 SSS5 Local ater Districts and PAGCJ,. 9Corporations which are subsidiaries of these chartered a/encies li.e the ;anila #otel and PAL5 are not within the covera/e of the Civil Service.86+
2.
2.
%4& %44 %4%
Antonio ,. :achura, ;utline<=eviewer in Political "aw, &#/ (2##+* ,ernas Primer at &2+ (2##+ ed.* ,ernas Primer at &/2 (2##+ ed.*
%4+ %4/
Cru), Philippine Political "aw, p. 22$ (1$$% ed*. Cru), Philippine Political "aw, p.2$# (1$$% ed*.
(2(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
0el!% 'he classification in PD (*>) can be no !ore than an initial deter!ination and is not conclusive. $t is the nature of the position which finall" deter!ines whether a position is pri!aril" confidential. ,espondent did not en3o" close inti!ac" with the appointin/ authorit" which would !a.e hi! a confidential e!plo"ee. As !e!ber of the internal staff5 he was tas.ed with preventin/ irre/ularities a!on/ the e!plo"ees and custo!ers5 reportin/ unusual incidents and infractions5 coordinatin/ with securit" depart!ent durin/ chips inventor"5 refills5 "ields and card shufflin/5 and escortin/ the deliver" of table capital bo7es5 refills and shoe bo7es. 9CSC v. Salas5 1+6 SC,A 6(6:88C
Note% 'he !o!ent5 that a corporation ceases to be /overn!ent controlled5 for instance5 if it is privati0ed5 it ceases to fall under the Civil Service.86* .% Does the Depart!ent of Labor have a role over civil service !e!bersR A% Tes. Entities under the civil service s"ste! are not co!pletel" be"ond the reach of Depart!ent of Labor or labor laws. 9 hen a /overn!ent entit" that is under the Civil Service enters into a contract5 e./.5 with a securit" a/enc" or 3anitorial a/enc"5 it beco!es an indirect e!plo"er of the securit" /uards or the 3anitors. $n such a situation5 under the Labor Code5 the liabilities for wa/es are 3oint and solidar" with the contractor. 'he law on wa/es on in the Labor Code specificall" provides that Ae!plo"erB includes an" person actin/ directl" or indirectl" in the interest of an e!plo"er in relation to e!plo"ees. 9Philippine -isheries Develop!ent Authorit" v. DL,C O Jdin Securit" A/enc"5 ())1: /. Classification of Positions 9under Section E(E/ #or purpose o# determining the manner o# testing merit and #itness/ 3. Co&petiti"e Positions 2. NonHco&petiti"e Positions Co&petiti"e Positions As a /eneral rule5 positions in all branches of /overn!ent belon/ to the co!petitive service. 9Sa!son v. CA:
-acts% Petitioner5 the ;a"or of Caloocan Cit"5 ter!inated the services of respondent5 the Assistant Secretar" to the ;a"or5 on the /round of loss of confidence. ,espondent protested on the /round that his position belon/ed to the classified service. Petitioner ar/ued that under the Civil Service Law5 the secretaries of cit" !a"ors occupied pri!aril" confidential position and respondent was a secretar" to the !a"or. 0el!% 'he ter!ination of respondent is void. ,he position of Assistant Secretar' to the Ma'or shoul! %e consi!ere! as %elon#in# to the competitive service& 'he position of Secretar" of the ;a"or and Assistant Secretar" are two distinct positions. 'he latter is of a lower ran. and is not pri!aril" confidential. An assistant secretar" !erel" helps in a subordinate capacit" the person clothed with the duties of a secretar". 9Sa!son v. CA5 (68 SC,A >86:86) -acts% ,espondent was appointed as !e!ber of inte(nal secu(it) staff of t#e PA/COR. #e was ter!inated alle/edl" for loss of confidence5 because he alle/edl" en/a/ed in pro7" bettin/. hen respondent sued for reinstate!ent5 the PAGCJ, ar/ued that under PD (*>)5 all its e!plo"ees are classified as confidential.
%42 %4$
Classes of NonHCo&petiti"e Positions (. Polic" Deter!inin/ 1. Pri!aril" Confidential 2. #i/hl" 'echnical Polic)HDete(&inin* Position Jne char/ed with la"in/ down of principal or funda!ental /uidelines or rules5 such as that of a head of a depart!ent.88( P(i&a(il) Confi!ential Position Jne denotin/ not onl" confidence in the aptitude of the appointee for the duties of the office but p(i&a(il) close inti!ac" which ensures freedo! of intercourse without e!barrass!ent or freedo! fro! !is/ivin/s or betra"als of personal trust on confidential !atters of state 9De los Santos v. ;allare5 *+ Phil 1*):.
P(o@i&it) Rule% 'he occupant of a particular position can be considered a confidential e!plo"ee if the pre!ominant reason wh" he was chosen b" the appointin/ authorit" was the latter@s belief that he can share a close inti!ate relationship with the occupant which ensures freedo! of discussion without fear of e!barrass!ent or !is/ivin/s of possible betra"als of personal trust and confidential !atters of stare. Delos Santos v. ;allare: 9 here the position occupied is re!ote fro! that of the appointin/ authorit"5 the ele!ent of trust between the! is no lon/er predo!inant5 and therefore5 cannot be classified as pri!aril" confidential: 'he followin/ are held to be pri!aril" confidential= (. Chief le/al counsel of PDB. 9Besa v. PDB: 1. Cit" le/al officer 9Cadiente v. Santos:
&.
Provincial attorne"9Grino v. CSC: 9&owe er, positions o# the legal sta## are not con#idential/ 6. Securit" /uards of a viceE!a"or 9Borres v. CA:
%%# %%1
,ernas Primer at &/4 (2##+ ed.* 1acinto 1imene), Political "aw Compendium, &+% (2##+ ed.*
1acinto 1imene), Political "aw Compendium, &+/ (2##+ ed.* Cru), Philippine Political "aw, p.2$& (1$$% ed*.
(21
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA H!he competiti e and nonBcompetiti e positions roughly correspond to the classi#ication in the Ci il Ser ice Code now embodied in the 9e ised Administrati e Code o# '()*: ('/ Career Ser ice and (E/ 0onBCareer Ser ice.I555 0. Classes of Se("ice Administrati e Code/ 3. Ca(ee( Se("ice 2. NonHCa(ee( Se("ice 9under the 9e ised
-acts% 4pon reco!!endation of the viceE !a"or5 the !a"or appointed respondents as secu(it) *ua(!s of t#e "ice &a)o(. 'he !a"or and vice !a"or lost in the election. As the new !a"or5 petitioner ter!inated the services of respondents for lac. of confidence. ,espondents sued for reinstate!ent on the /round that their re!oval was ille/al. 0el!% T#e positions of (espon!ents =secu(it) *ua(!s of t#e "ice &a)o(> a(e p(i&a(il) confi!ential5 as the" involve /ivin/ protection to the vice !a"or. 'he relationship between the vice !a"or and his securit" depend on the hi/hest of trust and confidence. #ence5 the tenure of respondents ended upon loss of confidence in the!. 9Borres v. CA5 (82 SC,A (1C:881
0i*#l) Tec#nical Position A hi/hl" technical position re<uires the appointee thereto to possess technical s.ill or trainin/ in the supre!e or superior de/ree.
'he position of a cit" en/ineer !a" be technical but not hi/hl" so because he is not re<uired or supposed to posses a supre!e or superior de/ree of technical s.ill. 'he duties of a cit" en/ineer are e!inentl" ad!inistrative in character and can be dischar/ed even b" nonE technical !en. 9Delos Santos v. ;allare:
3. Ca(ee( Se("ice 9())) Bar Question: 'he career service is characteri0ed b"= (. Entrance based on the !erit and fitness to be deter!ined as far as practicable b" co!petitive e7a!inations5 or based on hi/hl" technical <ualificationsG 1. Jpportunit" for advance!ent to hi/her career positionsG &. Securit" of 'enure.88> 'he career service includes= 1. Open Ca(ee( positions for appoint!ent to which prior <ualification in an appropriate e7a!ination is re<uired. 2. Close! Ca(ee( positions which are scientific or hi/hl" technical in natureG these include the facult" and acade!ic staff of state colle/es and universities5 and scientific and technical positions in scientific or research institutions which shall establish and !aintain their own !erit s"ste!sG &. Positions in t#e Ca(ee( E@ecuti"e Se("ice5 na!el"5 4ndersecretar"5 Assistant Secretar"5 Bureau Director5 Assistant Bureau Director5 ,e/ional Director5 Assistant ,e/ional Director5 Chief of Depart!ent Service and other officers of e<uivalent ran. as !a" be identified b" the Chief E7ecutive Service Board5 all of who! are appointed b" the PresidentG 4. Ca(ee( office(s5 other that those in the Career E7ecutive Service5 who are appointed b" the President5 such as the -orei/n Service Jfficers in the D-A. %. Co&&issione! office(s an! enliste! &en of t#e A(&e! -o(ces5 which shall !aintain a separate !erit s"ste!G +. Pe(sonnel of *o"e(n&entHowne! o( cont(olle! co(po(ations5 whether perfor!in/ /overn!ental or proprietar" functions5 who do not fall under the nonEcareer serviceG and /. Pe(&anent la o(e(s' whether s.illed5 se!iEs.illed5 or uns.illed.88+
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$n Montecillo . CSC, EGG'5 the SC said that under Ad!inistrative Code of ()*+5 the CSC is e7pressl" e!powered to declare positions in the CSC as pri!aril" confidential. 'his si/nifies that the enu!eration in the Civil Service decree5 which defines the nonEcareer service5 is not an e7clusive list. 'he Co!!ission can supple!ent this enu!eration5 as it did when it issued ;e!orandu! Circular 115 s. ())(5 specif"in/ positions in the Civil Service which are considered pri!aril" confidential and5 therefore5 their occupants hold tenure coE ter!inous with the officials the" serve.882 .% ho deter!ines whether a position is polic"E deter!inin/5 pri!aril" confidential or hi/hl" technicalR A% $t is a 3udicial <uestion. $t is the natu(e of the position which #inally determines whether a position is pri!aril" confidential5 polic"Edeter!inin/ or hi/hl" technical. 'he initial classification !a" be !ade b" the authorit" creatin/ the office. E7ecutive pronounce!ents as to the nature of the office can be no !ore than initial deter!ination of the nature of the office.886
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1acinto 1imene), Political "aw Compendium, &++ (2##+ ed.*
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Antonio ,. :achura, ;utline<=eviewer in Political "aw, &11 (2##+* See ,ernas Commentar-, p 1#1+(2##& ed*3 See also Antonio ,. :achura, ;utline<=eviewer in Political "aw, &11 (2##+*
,ernas Commentar-, p 1#1/(2##& ed*. Cru), Philippine Political "aw, p.2$# (1$$% ed*. %%/ Cru), Philippine Political "aw, p.2$# (1$$% ed*.
(22
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA a particular pro3ect for e!plo"!ent was !ade.88) which purpose
Ca(ee( Se("ice E@ecuti"es DCESE. Jn ;a" 2(5 ())65 the CSC issued ;e!orandu! Circular Do. 1( identif"in/ the positions covered b" the CES. 'he ;e!orandu! provides that5 Aincu!bents of positions which are declared to be CES positions for the first ti!e pursuant to this ,esolution who hold per!anent appoint!ents thereto shall re!ain under per!anent status in their respective positions. #owever5 upon pro!otion or transfer to other CES positions5 these incu!bents shall be under te!porar" status in said other CES positions until the" <ualif".B88* CES an! Secu(it) of Tenu(e. 'he !ere fact that a position belon/s to the CES does not auto!aticall" confer securit" of tenure on the applicant. Such ri/ht will have to depend on the nature of his appoint!ent which5 in turn5 depends on his eli/ibilit" or lac. of it. A person who does not have the re<uisite <ualifications for the position cannot be appointed to it in the first place or5 onl" as an e7ception to the rule5 !a" be appointed to it onl" in an actin/ capacit" in the absence of appropriate eli/ibles. 'he appoint!ent e7tended to hi! cannot be re/arded as per!anent even if it !a" be so desi/nated. Such bein/ the case5 he could transferred or reassi/ned without violatin/ the constitutional /uarantee of securit" of tenure. 9De Leon v. CA5 1CC(: ReMuisites fo( Secu(it) of Tenu(e of CES e&plo)ee% (. Career Service Eli/ibilit" 1. Appoint!ent to the appropriate career e7ecutive service ran.. $t !ust be stressed that the securit" of tenure of e!plo"ees in the CES 9e7cept (st and 1nd level e!plo"ees in the civil service: pertains onl" to ran. and not to the office or to the position to which the" !a" be appointed. 9'hus5 a CES officer !a" be transferred or reassi/ned for! one position to another without losin/ his ran. which follows hi! wherever he is transferred or reassi/ned. $n fact5 a CES officer suffers no di!inution in salar" even if assi/ned to a CES position with lower salar" /rade5 as he is co!pensated accordin/ to his CES ran. and not on the basis of the position or office which he occupies. 9General v. ,oco5 1CC(:
'he nonEcareer service includes= (. Elective officials and their personal or confidential staffG 1. Depart!ent heads and other officials of Cabinet ran. who hold positions at the pleasure of the President and their personal or confidential staffG 2. Chair!en and !e!bers of co!!issions and boards with fi7ed ter!s of office and their personal or confidential staffG 6. Contractual personnel or those whose e!plo"!ent in the /overn!ent is in accordance with a special contract to underta.e a specific wor. or 3ob5 re<uirin/ special or technical s.ills not available in the e!plo"in/ a/enc"5 to be acco!plished within a specific period5 which in no case shall e7ceed one "ear5 and perfor! or acco!plish the specific wor. or 3ob5 under their own responsibilit" with a !ini!u! of direction and supervision fro! the hirin/ a/enc"G and %. E!er/enc" and seasonal personnel.8>C .% $s the classification in the ,evised Ad!inistrative Code 9Career and 0onBCareer: and the classification in Section 191: 9Competiti e and 0onBcompetiti e: !utuall" e7clusiveR A% Do. ,ather5 the" overlap and co!ple!ent each other. 'he classification in the Code is for the purposes of deter!inin/ tenure. 'he classification in Section 191: is for purposes of deter!inin/ the !anner of testin/ !erit and fitness. I. Si*nificance of Distinction etween co&petiti"e an! nonHco&petiti"e positions Appoint&ent to a co!petitive positions !ust be !ade accordin/ to !erit and fitness as !etermine!- as far as practica%le- %' competitive e$amination& ;erit and fitness in appoint!ents to nonEco!petitive positions are not deter!ined b" co!petitive e7a!inationsG but !erit and fitness are re<uired.8>( 4. Appoint&ents in t#e Ci"il Se("ice Appoint!ents in the civil service shall be !ade onl" acco(!in* to &e(it an! fitness to be deter!ined5 as far as practicable5 ) co&petiti"e e@a&ination. 9Article $SEB5 Section 191:: E@cept% 'o positions which are polic"Edeter!inin/5 pri!aril" confidential5 or hi/hl" technical.
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2. NonHCa(ee( Se("ice 'he nonEcareer service is characteri0ed b"= (. Entrance on bases other than of the usual tests of !erit and fitness utili0ed for the career serviceG 2. 'enure which is li!ited to a period specified b" law5 or which is coEter!inous with that of the appointin/ authorit" or sub3ect to his pleasure5 or which is li!ited to the duration of
%%2
%+#
Cru), Philippine Political "aw, p.2$1 (1$$% ed*. Cru), Philippine Political "aw, p.2$2 (1$$% ed*. ,ernas Primer at &/% (2##+ ed.*
%+1
(26
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
3. Pe(&anent Appoint&ents A per!anent appoint!ent shall be issued to a person who !eets all the re<uire!ents for the positions to which he is bein/ appointed5 includin/ the appropriate eli/ibilit" prescribed5 in accordance with the provision of laws5 rules and standards pro!ul/ated in pursuance thereof. 9Ad!inistrative Code of ()*+5 Boo. VEA5 Sec. 1+: 2. Te&po(a() Appoint&ents $n the absence of appropriate eli/ibles and it beco!es necessar" in the public interest to fill a vacanc"5 a te!porar" appoint!ent shall be issued to a person who !eets all the re<uire!ent for the position to which he is bein/ appointed e7cept the appropriate civil service eli/ibilit". 'e!porar" appoint!ents do not have a definite ter! and !a" be withdrawn or discontinued5 with or without cause5 b" the appointin/ power.8>1 'he new Constitution now sa"s= A'e!porar" e!plo"ees of the Govern!ent shall be /iven such protection as !a" be provided b" law.B 9'he provision is not selfEe7ecutor": .% A per!anent appoint!ent is e7tended. 'he Civil Service Co!!ission approves it as te!porar" in the belief that so!ebod" else is better <ualified. ;a" the Co!!ission do soR A% Do. 'he sole function of the Co!!ission is to attest to the <ualification of the appointee. 9Lue/o v. CSC5 ()*>: Disc(etion of Appointin* Aut#o(it) 'he appointin/ authorit" has !isc(etion who to appoint even in the career service of the Civil Service5 where the appointee possesses the !ini!u! <ualification re<uire!ents prescribed b" law for the position. 9Lue/o v. CSC5 (62 SC,A 21+:
'hus5 even if officers and e!plo"ees in the career service of the Civil Service en3o" the ri/ht to preference in pro!otion5 it is not !andator" that the vacanc" be filled b" pro!otion. 'he appointin/ authorit" should be allowed the choice of !en of his confidence5 provided the" are <ualified and eli/ible. 9Central Ban. v. CSC (+( SC,A +66:
Role of CSC 9())6 Bar Question: AAll the Co!!ission is authori0ed to do is to chec. that the appointee possesses the <ualifications and appropriate eli/ibilit". $f he does5 his appoint!ent is approvedG if not5 it is disapproved.B 9Lope0 v. CSC: 'he CSC is not a coE!ana/er5 or surro/ate ad!inistrator of /overn!ent offices and a/encies. $ts functions and authorit" are li!ited to approvin/ or reviewin/ appoint!ents to deter!ine their co!pliance with re<uire!ents of the Civil Service Law. Jn its own the Co!!ission does not have the power to ter!inate e!plo"!ent or to drop !e!bers fro! the rolls. 9'orres v. CSC5 1CC(: Su stanti"e ReMui(e&ent. A substantive re<uire!ent under Section (( of the J!nibus Service ,ules and ,e/ulations is that an appoint!ent should be sub!itted to the CSC within 2C da"s fro! issuanceG otherwise it shall be ineffective. 9See J;DC v. ;acarai/5 1CC6: Le*al Stan!in*. Both the appointin/ authorit" and the appointee are the real part" interest5 and both have le/al standin/5 in a suit assailin/ a CSC order disapprovin/ an appoint!ent. 9Abella &r. v. CSC: 5. DisMualifications (. Do candidate who has lost in an" election shall5 within one "ear after such election5 be appointed to an" office in the Govern!ent or an" Govern!entEowned or controlled corporations or in an" of their subsidiaries. 9Q>: 1. Do elective official shall be eli/ible for appoint!ent or desi/nation in an" capacit" to an" public office or position durin/ his tenure. 9Q+: 2. 4nless otherwise allowed b" law or b" the pri!ar" functions of his position5 no appointive official shall hold an" other office or e!plo"!ent in the Govern!ent or an" subdivision5 a/enc" or instru!entalit" thereof5 includin/ Govern!entEowned or controlled corporations or their subsidiaries. 9Q+:
.% hat is the purpose of the prohibition of appoint!ent of Ala!e duc.sB in Section >R A% 'he e7tirpation of the Aspoils s"ste!.B .% Are there e7ceptions to the rule a/ainst appoint!ent of elective officialsR A% Tes. 'he ViceEPresident !a" be appointed !e!ber of the Cabinet. A !e!ber of Con/ress is desi/nated to sit in the &udicial and Bar Council.8>2 .% $s the rule on appointive officials 9Q+: applicable to !e!bers of CabinetR
'he discretion of the appointin/ authorit" is not onl" in the choice of the person who is to be appointed5 but also in the nature or character of the appointment issue!5 i.e.5 whether the appoint!ent is per!anent or te!porar". 9!he CSC may, howe er, appro e as merely temporary an appointment intended to be permanent where the appointee does not possess the re%uisite eligibility and the e2igency o# the ser ice demands that the position be #illed up, e en in a temporary capacity.:
%+2
Cru), Philippine Political "aw, p.2$& (1$$% ed*.
%+&
,ernas Primer at &2/ (2##+ ed.*
(28
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
A% Do. -or the!5 the applicable rule is the stricter prohibition in Article V$$5 Section (2.8>6 .% Distin/uish the rule on appoint!ents of !e!bers of Con/ress and rule on elective officials 9other than Con/ress!en:. A% 'he 'st paragraph o# Section * /overns elective officials. 4nli.e the provision for !e!bers of Con/ress in Article V$ Section (25 which does not prohibit acceptance of an appoint!ent but !erel" causes the forfeiture of the con/ressional seat if the holder accepts an appoint!ent5 3st pa(a*(ap# of Section 8 prohi%its elective officials other than mem%ers of Con#ress from acceptin# appointment !urin# their tenure. $f the elective official accepts an appoint!ent without first resi/nin/ his elective position5 the appoint!ent is invalid. Deither5 however5 does he thereb" forfeit his elective seat. 9-lores v. Drilon5 ())2: .% ;a" Con/ress b" law authori0e the appoint!ent of elective officialsR A% Do. 4nli.e the case of appointive officers in 1nd para/raph of Section +5 Con/ress !a" not create e7ception on elective officials !entioned in (st para/raph of Section +.
Securit" of 'enure is en3o"ed onl" b" those who posses a pe(&anent appoint&ent.8>>
Jne does not beco!e a per!anent appointee unless <ualified for the position5 and this5 even if the appoint!ent e7tended is !ista.enl" desi/nated as per!anent. 'he appoint!ent of one who is not <ualified can onl" be te!porar" and it is understood fro! the outset that it is without fi7it" but endurin/ onl" at the pleasure of the appointin/ authorit".
-or an appoint!ent to be per!anent5 it !ust be a real appointment b" the appointin/ authorit" and not 3ust a desi/nation b" one who does not have the appointin/ authorit". 9'hus5 where the law sa"s that the officer is to be appointed b" the President5 desi/nation b" the depart!ent secretar" does not result in a per!anent appoint!ent. 9Bina!ira v. Garucho::
Even one who has an appoint!ent to a position which is subse<uentl" converted to a career position !ust "ield the position to one who has it if he or she !oes not possess career eli#i%ilit'.9Di!a"u/a v. Benedicto $$:
L. Secu(it) of Tenu(e 9())25 ()))5 1CC8 Bar Question:

Do officer or e!plo"ee of the civil service shall be re!oved or suspended e7cept for cause provided b" law. 9Q192::
3. Si*nificance of Secu(it) of Tenu(e 'he efficienc" of the a civil service s"ste! depends lar/el" on the !orale of the officers and e!plo"ees in the service. ;orale5 in turn5 can be fatall" under!ined when the securit" of officers in the possession of their office is unprotected a/ainst the arbitrar" action of superior officers. #ence5 basic in an" civil service is a /uarantee of securit" of tenure5 a /uarantee a/ainst arbitrar" i!pair!ent5 whether total or partial of the ri/ht to continue in the position held.8>8 2. ;-o( Cause P(o"i!e! ) Law? 'his is a /uarantee of both procedural and substantive due process. ;-o( Cause? !eans for reasons which the law and sound public polic" reco/ni0e as sufficient for re!oval5 that is le/al cause5 and not !erel" causes which the appointin/ power in the e7ercise of discretion !a" dee! sufficient. ;oreover5 the cause !ust relate to and effect the ad!inistration of the office5 and !ust be restricted to so!ethin/ of a substantial nature directl" affectin/ the ri/hts and interests of the public. 9De los Santos v. ;allare: G. Co"e(a*e of Secu(it) of Tenu(e Do officer or e!plo"ee of the civil service shall be re!oved or suspended e7cept for cause provided b" law. 9Q192::
%+4 %+%
A person lac(in# the necessar' 2ualifications who is /iven a te!porar" appoint!ent does not auto!aticall" beco!e a per!anent appointee when he or she ac<uires the re<uired <ualification. 9-or a te!porar" appointee to beco!e per!anent5 he !ust receive a new co!!ission5 that is5 a per!anent appoint!ent if he is to be considered per!anent.:
Pe(sons occup)in* nonHco&petiti"e positions a(e also co"e(e! ) t#e *ua(antee of secu(it) of tenu(e. 'he distinction between co!petitive and nonEco!petitive is si/nificant onl" for purposes of appoint!ent. 'he ter!ination of the official relation of officials and e!plo"ees holdin/ pri!aril" confidential positions on the /round of loss o# con#idence can be 3ustified because in that case their cessation fro! office involves no re!oval but e2piration of the ter! of office. 9#ernande0 v. Ville/as5 (6 SC,A 8665 ()>8:8>+
-acts% Petitioner a watch!an in the office of the provincial treasurer5 was dis!issed for the convenience of the province. #e has no civil service eli/ibilit". #e sued for reinstate!ent. 0el!% Althou/h petitioner is not a civil service eli/ible5 this is not a /round to dis!iss hi! an"ti!e without for!al char/e. 'he position of watch!an falls under the unclassified service. Positions in t#e unclassifie! se("ice a(e also *ua(antee! secu(it) of tenu(e. 9Ba<uidra v. C-$5 *C SC,A (12:8>* .% Do appointees to the forei/n service who do not belon/ to the Career Corps en3o" securit" of tenure li.e the Career Corp.R
%++ %+/
%+2
,ernas Commentar-, p 1#2%(2##& ed*. ,ernas Primer at &/$ (2##+ ed.* 1acinto 1imene), Political "aw Compendium, &/# (2##+ ed.*
,ernas Primer at &22 (2##+ ed.* ,ernas Primer at &/2 (2##+ ed.*
(2>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
A% Do. Political appointees in the forei/n service possess Atenure coter!inous with that of the appointin/ authorit" or sub3ect to his pleasure.B 9Astra<uillo et al v. ;an/lapus5 ())C: .% Bina!ira was Adesi/natedB b" the Secretar" of 'ouris! as ;ana/er of the 'ouris! Authorit". 'he law5 however5 re<uires that the ;ana/er be appointed b" the President. Did Bina!ira ac<uire securit" of tenureR A% Do5 because he did no receive a valid appoint!ent. 9Bina!ira v. /arucho5 ())C: .% Can one who does not have <ualifications for a position ac<uire securit" of tenure thereinR A% Do5 securit" of tenure in an office is ac<uired onl" b" one who has the <ualifications for that office. 9Di!a"u/a v. Benedicto 5 1CC1: .% Are te!porar" appointees protected b" the /uarantee of securit" of tenureR A% Do. the" !a" be re!oved an"ti!e. 9;endiola v. 'ancinco5 ()+2: 'he new Constitution now sa"s= A'e!porar" e!plo"ees of the Govern!ent shall be /iven such protection as !a" be provided b" law.B 9'he provision is not selfEe7ecutor": .% hat is the e7tent of the President@s disciplinar" authorit" over presidential appointees who belon/ to the career serviceR A% 'he power is li!ited. Career service officers and e!plo"ees who en3o" securit" of tenure !a" be re!oved onl" for an" of the causes enu!erated b" law. 9Larin .v. E7ecutive Secretar"5 1*C SC,A +(2:
Note% Abolition of office5 even if arisin/ fro! reor/ani0ation !andated b" law !ust be 3ustified b" /ood faith and public need. 9Abro/ar v. Garrucho5 ())(: ;oreover5 abolition of an office created b" law can onl" be done also b" law. 9Eu/enio v. CSC5 ())8: :. Reo(*aniFation 9()** Bar Question: Abolition b" law as a result of reor/ani0ation is a reco/ni0ed cause for ter!ination of a /overn!ent e!plo"ee.
.% Does the President have the authorit" to reor/ani0e the e7ecutive depart!entR A% Tes. And this can include deactivation of offices. As far as bureaus5 a/encies or offices in the e7ecutive depart!ent are concerned5 the President@s power of control !a" 3ustif" hi! to inactivate the functions of a particular office5 or certain laws !a" /rant hi! the broad authorit" to carr" out reor/ani0ation !easures. 9Bu.lod n/ Mawanin/ E$$B v. E7ecutive Secretar"5 1CC(:8>)
A. T(ansfe(s Pe(&anent T(ansfe(. 'he transfer of a per!anent e!plo"ee to another per!anent position without the consent of the e!plo"ee violates securit" of tenure. 9Gloria. CA5 1CCC: Te&po(a() T(ansfe(. hile a te!porar" transfer or assi/n!ent of personnel is per!issible even without the e!plo"ee@s prior consent5 it cannot be done when the transfer is a preli!inar" step toward his re!oval5 or is a sche!e to lure hi! awa" fro! his per!anent position5 or desi/ned to indirectl" ter!inate his service5 or force his resi/nation. Such would in effect circu!vent the provision which safe/uards the tenure of office of those who are in the Civil Service. 9Gloria v. CA5 1CCC: B. A olition of Office hile abolition of office does not i!pl" re!oval of the incu!bent officer5 this is true onl" where the abolition of office is done in /ood faith and not !erel" as a cover for a re!oval otherwise not allowed b" the Constitution. 9Briones v. Js!ena5 ()8*: 'hus5 for abolition of office to escape the taint of unconstitutionalit"5 it !ust be !ade= (. $n /ood faithG 1. Dot for personal or political reasonsG and 2. Dot in violation of the law. 9,o<ue v. Ericta:
8. Decla(ation of Office Vacant .% Section 28 of ,A >+(8 declared all positions of the Co!!issioners5 E7ecutive Labor Arbiters and Labor Arbiters of the present DL,C vacant. Petitioners <uestion its constitutionalit". A% ?nconstitutional& hile abolition b" law as a result of reor/ani0ation is a reco/ni0ed cause for ter!ination of a /overn!ent e!plo"ee5 it is not the sa!e as a declaration that the office is vacant. ,A >+(8 has effected no e7press abolition of the positions5 neither an i!plied abolition 9i.e.5 an irreconcilable inconsistenc" between the nature5 duties and functions of the petitioner@s offices under the old rules and those of the new law: 9;a"or v. #on. ;acarai/5 ())(: 7. P(e"enti"e Suspension Pendin/ ad!inistrative investi/ation5 it is provided that the e!plo"ee char/ed shall be sub3ect to preventive suspension but the sa!e shall be lifted after ninet" da"s if he is not a presidential appointee unless the dela" in the conduct of the probe is i!putable to hi!. 9Boo. V9A:5 Sec. 6>: 6. Bac9 Wa*es hen an e!plo"ee is ille/all" dis!issed5 and his reinstate!ent is later ordered b" the Court5 for all intents and purposes he is considered as not havin/ left his office5 and notwithstandin/ the silence of the decision5 he is entitled to pa"!ent of bac. salaries. 9Del Castillo v. CSC5 ())+: But where the reinstate!ent is ordered b" the court not as the result of e7oneration but !erel" as an act of liberalit" of the Court of Appeals5 the clai! for bac.wa/es for the period durin/ which the e!plo"ee was not allowed to wor. !ust be denied.
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,ernas Primer at &2& (2##+ ed.*
(2+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA officer or !e!ber of an" political co!!ittee5 part" or or/ani0ation5 deliverin/ speeches5 canvassin/ or solicitin# votes or political support or contributions for an" political part" or candidate or5 in /eneral5 beco!in/ activel" identified with the success or failure of an" candidate or candidates for election to public office.8+2 A A!&in Co!e of 3678 ;Do officer or e!plo"ee in the Civil Service5 includin/ !e!bers of the A-P5 shall en/a/e directl" or indirectl" in an" partisan political activit" or ta.e part in an" election e7cept to vote nor shall he use his official authorit" or influence to coerce the political activit" of an" other person or bod". Dothin/ herein provided shall be understood to prevent an" officer or e!plo"ee fro! e7pressin/ his views on current political proble!s or issues5 or fro! !entionin/ the na!es of candidates for public office who! he supports= Provided5 'hat public officers and e!plo"ees holdin/ political offices !a" ta.e part in political and electoral activities but it shall be unlawful for the! to solicit contributions fro! their subordinates or sub3ect the! to an" of the acts involvin/ subordinates prohibition in the Election Code.B 9Boo. V9A:5 Sec. 8>: N. Ri*#t to SelfHO(*aniFation 'he ri/ht to selfEor/ani0ation shall not be denied to /overn!ent e!plo"ees. 9Q198::
'hus5 the Con/ress !a" provide5 for e7a!ple5 that te!porar" e!plo"ees who ac<uire civil service eli/ibilit" for the positions occupied b" the! shall be auto!aticall" considered per!anent appointees thereto5 or that te!porar" e!plo"ees !a" not be replaced durin/ a fi7ed period e7cept for cause5 or shall be entitled to the sa!e !aterial benefits5 such as leave privile/es5 durin/ incu!benc".8+6
'he /eneral rule is that a public official is not entitled to co!pensation if he has not rendered an" service. 9Balitaosan v. DECS5 1CC2: 'he pa"!ent of bac.wa/es durin/ the period of suspension of a civil servant who is subse<uentl" reinstated is proper onl" if he is #ound innocent o# the charges and the suspension is un?usti#ied. 9See Bru/ada v. Sec. of Education5 1CC8: M. Pa(tisan Political Acti"it) 3. Co"e(a*e Do officer or e!plo"ee in the civil service shall en/a/e5 directl" or indirectl"5 in an" electioneerin/ or partisan political ca!pai/n.9Q196:: 'he !ilitar" establish!ent is covered b" this provision. Article SV$5 Section 892: provides that no !e!ber of the !ilitar" shall en/a/e directl" or indirectl" in an" partisan political activit" e7cept to vote. But this prohibition applies onl" to those in the active !ilitar" service5 not to reservists. 9Cailles v. Bonifacio5 >8 Phil 21*: E@ceptions% 1. Particularl" e7e!pted fro! the prohibition a/ainst partisan political activit" are &e& e(s of t#e Ca inet.8+C 2. Public officers and e!plo"ees holdin/ political offices 9who are allowed to ta.e part in political and electoral activities5 e7cept to solicit contributions fro! their subordinates or co!!it acts prohibited under the Election Code: 9Section 68 of Civil Service Law:8+( 2. Pu(pose of t#e P(o#i ition A*ainst Pa(tisan Political Acti"it) (. 'o prevent the !e!bers of the civil service fro! usin/ the resources of the /overn!ent for the benefit of their candidatesG 2. 'o insulate the! fro! political retaliation fro! winnin/ candidates the" have opposed or not supported.8+1 G. Meanin* of Pa(tisan Political Acti"it) As interpreted b" the Civil Service Co!!ission5 partisan political activit" !eans active support for or affiliation ith the cause of a political part' or can!i!ate. 'his would include5 a!on/ others5 bein/ a candidate for an" elective office or dele/ate to an" political convention5 bein/ an
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Cru), Philippine Political "aw, p.2$/ (1$$% ed*.

%/& %/4
.% ;a" !e!bers of the Civil Service unioni0eR A% Tes. (. Article $$$5 Section * /uarantees the ri/ht of all Aincludin/ those e!plo"ed in the public and private sectors5 to for! unionsKB 1. Article $SEB5 Section 198: states that Athe ri/ht to selfEor/ani0ation shall not be denied to /overn!ent e!plo"ees.B 2. Article S$$$5 Section 2 /uarantees Athe ri/ht of all wor.ers to selfEor/ani0ation5 collective bar/ainin/ and ne/otiations5 and peaceful concerted activities5 includin/ the ri/ht to stri.e in accordance with law.B 'heir ri/ht to stri.e5 however5 !a" be li!ited b" law.8+8
!ection 14, =ule 8 000, Civil !ervice =ules. Cru), Philippine Political "aw, p.&## (1$$% ed*. ,ernas Primer at &2% (2##+ ed.*
%/1
Antonio ,. :achura, ;utline<=eviewer in Political "aw, &2# (2##+* %/2 Cru), Philippine Political "aw, p.2$2 (1$$% ed3 !antos v. Jatco, 1#+ Phil /4%*
%/%
(2*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
Ri*#t to St(i9e ,i/ht to or/ani0e does not include the ri/ht to stri.e. #ence5 the Court ruled that e!plo"ees of SSS and public school teachers do not have a constitutional ri/ht to stri.e. 'his does not !ean5 however5 that the" !a" not be /iven the ri/ht to stri.e b" statute.8+> O. P(otection to Te&po(a() E&plo)ees 'e!porar" e!plo"ees of the Govern!ent shall be /iven such protection as !a" be provided b" law. 9Q19>:: P. Stan!a(!iFation of Co&pensation 'he Con/ress shall provide for the standardi0ation of co!pensation of /overn!ent officials and e!plo"ees5 includin/ those in /overn!entEowned or controlled corporations with ori/inal charters5 ta.in/ into account the nature of the responsibilities pertainin/ to5 and the <ualifications re<uired for5 their positions. 9Art. $SEB5 Q8: .. Dou le Co&pensation1 A!!itional Co&pensation Do elective or appointive public officer or e!plo"ee shall receive additional5 double5 or indirect co!pensation5 unless specificall' authori1e! %' la 5 nor accept without the consent of the Con/ress5 an" present5 e!olu!ent5 office5 or title of an" .ind fro! an" forei/n /overn!ent. Pensions or /ratuities shall not be considered as additional5 double5 or indirect co!pensation. 9Art. $SEB5 Q*: 3. Reason fo( P(o#i ition
A!!itional Co&pensation. 'here is additional co!pensation when for one and the sa!e office for which a co!pensation has been fi7ed there is added to such fi7ed co!pensation an e7tra reward in the for!5 for instance5 of a bonus. 'his is not allowed in the absence of law specificall" authori0in/ such e7tra reward. 9'hus5 where an officer@s pa" as provided b" law was a fi7ed per diem5 the SC disallowed additional co!pensation in the for! of cost of livin/ allowances as well as incentive and Christ!as bonuses. #owever5 the Court was careful to point out that when a per diem or an allowance is /iven as reimbursement for e7penses incident to the dischar/e of an officer@s duties5 it is not an additional co!pensation prohibited b" the Constitution. 9Peralta v. ;atha"5 ()>+:: Dou le Co&pensation. ,efers to two sets of co!pensation for two different offices held concurrentl" b" one officer. $n the instances when holdin/ a second office is allowed5 when an officer accepts a second office5 he can draw the salar" attached to the second office onl" when he is specificall" authori0ed b" law to receive double co!pensation.8++ G. Meanin* of ;Specificall) Aut#o(iFe! B) Law? Strict Interpretation" K'he authorit" re<uired b" the Constitution to receive double or additional co!pensation is a specific authorit" /iven to a particular e!plo"ee or officer of the /overn!ent because of peculiar or e7ceptional reasons warrantin/ the pa"!ent of e7tra or additional co!pensation.B 9Sadueste v. Suri/ao5 ()6(: (!he abo e interpretation seems to be too strict. It seems in e##ect to re%uire a special law #or e ery instance o# additional or double compensation. An obiter dictum in the later case o# Juimson . 3=aeta, '(5H, appro es o# a more liberal and perhaps administrati ely more rational approach./5*) .i%eral Interpretation" AAccordin/ to law5 under certain circu!stances5 the President !a" authori0e double co!pensation in so!e cases5 such as /overn!ent officials actin/ as !e!bers with co!pensation in /overn!ent e7a!inin/ boardK5 or depart!ent secretaries actin/ as !e!bers of Board of Directors of /overn!ent corporations5 and in such cases the prohibition a/ainst double co!pensation is not observed. $f the President approves the double co!pensation5 well and /ood. 'he appointee whose appoint!ent !a" then be re/arded as valid fro! the be/innin/ could receive
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1.
'o infor! the people of the e7act a!ount a public functionar" is receivin/ fro! the /overn!ent so the" can de!and co!!ensurate servicesG 1. 'o prevent the public functionar" fro! dividin/ his ti!e a!on/ several positions concurrentl" held b" hi! and ineptl" perfor!in/ his duties in al of the! because he cannot devote to each the proper attention it deserves. 2. W#at is P(o#i ite! 'he prohibition of the Constitution was a/ainst double co!pensation or additional co!pensation5 not double appoint!ents. #ence5 a second position !a" be held concurrentl" with the principal position as lon/ as the two are not inco!patible5 but the incu!bent cannot collect additional salaries for services rendered unless specificall" allowed b" law. 9Qui!son v. J0aeta:
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,ernas Primer at &2$ (2##+ ed.* ,ernas Primer at &2$ (2##+ ed.*
,ernas Commentar-, p 1#2/(2##& ed*.
(2)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
elections. #owever5 a !a3orit" thereof5 includin/ the Chair!an5 shall be !e!bers of the Philippine Bar who have been en/a/ed in the practice of law for at least ten "ears. 91: 'he Chair!an and the Co!!issioners shall be appointed b" the President with the consent of the Co!!ission on Appoint!ents for a ter! of seven "ears without reappoint!ent. Jf those first appointed5 three ;e!bers shall hold office for seven "ears5 two ;e!bers for five "ears5 and the last ;e!bers for three "ears5 without reappoint!ent. Appoint!ent to an" vacanc" shall be onl" for the une7pired ter! of the predecessor. $n no case shall an" ;e!ber be appointed or desi/nated in a te!porar" or actin/ capacit". Sec. 2. 'he Co!!ission on Elections shall e7ercise the followin/ powers and functions= 9(: Enforce and ad!inister all laws and re/ulations relative to the conduct of an election5 plebiscite5 initiative5 referendu!5 and recall. 91: E7ercise e7clusive ori/inal 3urisdiction over all contests relatin/ to the elections5 returns5 and <ualifications of all elective re/ional5 provincial5 and cit" officials5 and appellate 3urisdiction over all contests involvin/ elective !unicipal officials decided b" trial courts of /eneral 3urisdiction5 or involvin/ elective baran/a" officials decided b" trial courts of li!ited 3urisdiction. Decisions5 final orders5 or rulin/s of the Co!!ission on election contests involvin/ elective !unicipal and baran/a" offices shall be final5 e7ecutor"5 and not appealable. 92: Decide5 e7cept those involvin/ the ri/ht to vote5 all <uestions affectin/ elections5 includin/ deter!ination of the nu!ber and location of pollin/ places5 appoint!ent of election officials and inspectors5 and re/istration of voters. 96: Deputi0e5 with the concurrence of the President5 law enforce!ent a/encies and instru!entalities of the Govern!ent5 includin/ the Ar!ed -orces of the Philippines5 for the e7clusive purpose of ensurin/ free5 orderl"5 honest5 peaceful5 and credible elections. 98: ,e/ister5 after sufficient publication5 political parties5 or/ani0ations5 or coalitions which5 in addition to other re<uire!ents5 !ust present their platfor! or pro/ra! of /overn!entG and accredit citi0ensY ar!s of the Co!!ission on Elections. ,eli/ious deno!inations and sects shall not be re/istered. 'hose which see. to achieve their /oals throu/h violence or unlawful !eans5 or refuse to uphold and adhere to this Constitution5 or which are supported b" an" forei/n /overn!ent shall li.ewise be refused re/istration. -inancial contributions fro! forei/n /overn!ents and their a/encies to political parties5 or/ani0ations5 coalitions5 or candidates related to elections5 constitute interference in national affairs5 and5 when accepted5 shall be an additional /round for the cancellation of their re/istration with the Co!!ission5 in addition to other penalties that !a" be prescribed b" law. 9>: -ile5 upon a verified co!plaint5 or on its own initiative5 petitions in court for inclusion or e7clusion of votersG investi/ate and5 where appropriate5 prosecute cases of violations of election laws5
e7tra co!pensation. $f it is disapproved5 then the appoint!ent will have to be withdrawn or cancelled5 unless of course5 the appointee was willin/ to serve without co!pensation5 in which case there would be no valid ob3ection. 9Qui!son v. J0aeta5 )* Phil +C85 +C)E+(C::
hen a law sa"s that !one" /enerated b" a school !a" be used for Aother pro/ra!s%pro3ects of the universit" or colle/e5B such a law is not authori0ation for /ivin/ additional or double co!pensation.8+) .% 4pon optional retire!ent fro! the 3udiciar" on April (5 ())15 Santos was full" paid of his retire!ent /ratuit" under ,A )(C5 as a!ended. -or five "ears thereafter he has been receivin/ a !onthl" pension. 'hereafter he was appointed Director $$$ of the defunct ;;A. D3E Can he continue to receive his pension while receivin/ salar" as directorR A% Tes. 'he second para/raph of Section * !eans that a retiree receivin/ pension of /ratuit" can continue to receive such pension or /ratuit" even if he accepts another /overn!ent position to which another co!pensation is attached. D2E 4pon separation fro! ;;A5 can his separation pa" under ,A +1)6 include "ears of service in 3udiciar"R A% Do. 'hat would be double co!pensation for the sa!e service in the 3udiciar" for which he has alread" been paid. Section (( of ,A +)16 does not specificall" authori0e pa"!ent of additional co!pensation for "ears of /overn!ent outside of the ;;A. 9Santos v. CA5 1CCC:8*C
O. Oat# of Alle*iance All public officers and e!plo"ees shall ta.e an oath or affir!ation to uphold and defend this Constitution. 9Art. $SEB5 Q6: III. Co&&ission on Elections Composition of COME.EC Aualifications of COME.EC Commissioners Appointment of COME.EC Commissioners In!epen!ence of COME.EC Nature of COME.EC Po ers Constitutional Po ers an! O%5ectives Statutor' Po ers of COME.EC En )anc an! Division Cases *u!icial Revie Open Part' S'stem Representation Elections
Section 3. 9(: 'here shall be a Co!!ission on Elections co!posed of a Chair!an and si7 Co!!issioners who shall be naturalEborn citi0ens of the Philippines and5 at the ti!e of their appoint!ent5 at least thirt"Efive "ears of a/e5 holders of a colle/e de/ree5 and !ust not have been candidates for an" elective positions in the i!!ediatel" precedin/
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6en%uet State = v. Coltin%! @.=. :o. 1+$+&/, 1une 2, 2##/. ,ernas Primer at &$# (2##+ ed.*
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
shall co!!ence ninet" da"s before the da" of election and shall end thirt" da"s thereafter. Section 3J. Bona fide candidates for an" public office shall be free fro! an" for! of harass!ent and discri!ination. Section 33. -unds certified b" the Co!!ission as necessar" to defra" the e7penses for holdin/ re/ular and special elections5 plebiscites5 initiatives5 referenda5 and recalls5 shall be provided in the re/ular or special appropriations and5 once approved5 shall be released auto!aticall" upon certification b" the Chair!an of the Co!!ission.
includin/ acts or o!issions constitutin/ election frauds5 offenses5 and !alpractices. 9+: ,eco!!end to the Con/ress effective !easures to !ini!i0e election spendin/5 includin/ li!itation of places where propa/anda !aterials shall be posted5 and to prevent and penali0e all for!s of election frauds5 offenses5 !alpractices5 and nuisance candidacies. 9*: ,eco!!end to the President the re!oval of an" officer or e!plo"ee it has deputi0ed5 or the i!position of an" other disciplinar" action5 for violation or disre/ard of5 or disobedience to5 its directive5 order5 or decision. 9): Sub!it to the President and the Con/ress5 a co!prehensive report on the conduct of each election5 plebiscite5 initiative5 referendu!5 or recall. Section G. 'he Co!!ission on Elections !a" sit en banc or in two divisions5 and shall pro!ul/ate its rules of procedure in order to e7pedite disposition of election cases5 includin/ preE procla!ation controversies. All such election cases shall be heard and decided in division5 provided that !otions for reconsideration of decisions shall be decided b" the Co!!ission en banc. Section A. 'he Co!!ission !a"5 durin/ the election period5 supervise or re/ulate the en3o"!ent or utili0ation of all franchises or per!its for the operation of transportation and other public utilities5 !edia of co!!unication or infor!ation5 all /rants5 special privile/es5 or concessions /ranted b" the Govern!ent or an" subdivision5 a/enc"5 or instru!entalit" thereof5 includin/ an" /overn!entE owned or controlled corporation or its subsidiar". Such supervision or re/ulation shall ai! to ensure e<ual opportunit"5 and e<ual rates therefor5 for public infor!ation ca!pai/ns and foru!s a!on/ candidates in connection with the ob3ective of holdin/ free5 orderl"5 honest5 peaceful5 and credible elections. Section B. Do pardon5 a!nest"5 parole5 or suspension of sentence for violation of election laws5 rules5 and re/ulations shall be /ranted b" the President without the favorable reco!!endation of the Co!!ission. Section :. A free and open part" s"ste! shall be allowed to evolve accordin/ to the free choice of the people5 sub3ect to the provisions of this Article. Section 8. Do votes cast in favor of a political part"5 or/ani0ation5 or coalition shall be valid5 e7cept for those re/istered under the part"Elist s"ste! as provided in this Constitution. Section 7. Political parties5 or or/ani0ations or coalitions re/istered under the part"Elist s"ste!5 shall not be represented in the votersY re/istration boards5 boards of election inspectors5 boards of canvassers5 or other si!ilar bodies. #owever5 the" shall be entitled to appoint poll watchers in accordance with law. Section 6. 4nless otherwise fi7ed b" the Co!!ission in special cases5 the election period
A. Co&position of COMELEC 'here shall be a Co!!ission on Elections co!posed of a C#ai(&an an! si@ Co&&issione(s. 9Article $SEC5 Section (9(:: B. .ualifications of Me& e(s of COMELEC
1. 2.
DaturalEborn citi0ens of the PhilippinesG
At the ti!e of their appoint!ent5 at least thirt"E five "ears of a/eG 2. #olders of a colle/e de/reeG 4. ;ust not have been candidates for an" elective positions in the i!!ediatel" precedin/ elections. A !a3orit" thereof5 includin/ the Chair!an5 shall be !e!bers of the Philippine Bar who have been en/a/ed in the practice of law for at least ten "ears. 9Article $SEC5 Section (9(::
.% -or purposes of this provision5 what does Aen#a#e! in the practice of la B !eanR A% $t !eans to en/a/e in Aan" activit"5 in or out of court5 which re<uires the application of law5 le/al procedure5 .nowled/e5 trainin/ and e7perience.B 9Ca"etano v. ;onsod5 ())(:
C. Appoint&ent of COMELEC Me& e(s 'he Chair!an and the Co!!issioners shall be appointed b" the President with the consent of the Co!!ission on Appoint!ents for a ter! of seven "ears without reappoint!ent. Jf those first appointed5 three ;e!bers shall hold office for seven "ears5 two ;e!bers for five "ears5 and the last ;e!bers for three "ears5 without reappoint!ent. Appoint!ent to an" vacanc" shall be onl" for the une7pired ter! of the predecessor. $n no case shall an" ;e!ber be appointed or desi/nated in a te!porar" or actin/ capacit". 9Article $SEC5 Section (91::
(6(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Li.e the CSC5 the CJ;ELEC is an ad!inistrative a/enc". As such5 therefore5 the power it possesses are e@ecuti"e' MuasiH+u!icial an! MuasiH le*islati"e. B" e7ception5 however5 it has been /iven +u!icial powe( as 3ud/e with e7clusive ori/inal 3urisdiction over Aall contest relatin/ to the election5 returns5 and <ualifications of all elective re/ional5 provincial5 and cit" officials5 and appellate 3urisdiction over all contest involvin/ elective !unicipal officials decided b" trial courts of /eneral 3urisdiction or involvin/ elective baran/a" officials decided b" trial courts of li!ited 3urisdiction.8*2 -. Constitutional Powe(s of COMELEC 9under Article $SEC: (9ead complete te2t o# Section E abo e/
.% hat is the co!!on startin/ point for appointees to the Co!!issionR A% -e (ua() 2' 3678' the da" the new Constitution too. effect. 'hus5 in rec.onin/ the seven "ear ter!5 countin/ !ust alwa"s start fro! -ebruar" 1 even if the appointee too. office later. 'his wa" the sta//erin/ of the ter!s is preserved.8*( -acts% ,espondents were appointed as ad interi! Chair!an and Co!!issioners of the CJ;ELEC. As their appoint!ents were not acted upon b" the Co!!ission on Appoint!ents 9CJA:5 the President renewed their ad interi! appoint!ents twice. Petitioner <uestioned the validit" of appoint!ents on the /round that the" violated the constitutional prohibition a/ainst te!porar" appoint!ents and reappoint!ents to the CJ;ELEC. 0el!% An ad interi! appoint!ent is a per!anent appoint!ent5 because it ta.es effect i!!ediatel" and can no lon/er be withdrawn b" the President once the appointee has <ualified into the office. 'he fact that is sub3ect to confir!ation b" CJA does not alter its per!anent character. An ad interi! appoint!ent !eans it is a per!anent appoint!ent !ade b" the President in the !eanti!e that Con/ress is in recess. T#e p(o#i ition on (eappoint&ent in Section 3D2J' A(ticle IIHC of t#e Constitution !oes not appl) to a )Hpasse! a! inte(i& appoint&ent' ecause t#e(e is no final !isapp(o"al un!e( A(ticle VII' Section 3:. T#e(e &ust e confi(&ation ) t#e COA of t#e p(e"ious appoint&ent efo(e t#e p(o#i ition on appoint&ent can appl). $f an interi! appoint!ent cannot be renewed5 the President will hesitate to !a.e ad interi! appoint!ents because !ost of the appointees will effectivel" disapproved b" !ere inaction of the CJA. 'his will nullif" the constitutional power of the President to !a.e ad interi! appoint!ents. 9;atiba/ v. Benipa"o52*C SC,A 6):8*1 .% $n the absence of a Chair!an of the CJ;ELEC5 the President desi/nated Co!!issioner Torac Actin/ Chair!an. ValidR A% Do. Article $SEC5 Section (91: prohibits the appoint!ent of ;e!bers in a te!porar" or actin/ capacit". 'he choice of te!porar" chair!an fall under the discretion of the Co!!ission and cannot be e7ercised for it b" the President. 9Brillantes v. Torac5 ())C:
1.
Enfo(ce&ent of election laws. 9Section 1 9(:5 96:59>: and 9*::. 2. Deci!in* election contests. 9Section 191::. &. Deci!in* A!&inist(ati"e .uestions. 9Section 192::. 4. DeputiFation of LawHenfo(ce&ent a*encies. 9Section 196::. %. Re*ist(ation of Political Pa(ties. 9Section 198:: +. I&p(o"e&ent of elections. 9Section 19+:5 9*: and 9)::. /. Powe( to P(o&ul*ate Rules 9Section 2:
2.
Supe("ision o( (e*ulation of f(anc#ises 9Section 6: $. Powe( to (eco&&en! e@ecuti"e cle&enc) fo( "iolation of election laws an! (ules. 9Section 8: 1#. In special cases' powe( to fi@ t#e election pe(io!. 9Section ): 3. Enfo(ce&ent of Election Laws
Section 2D3E% A'he Co!!ission on Elections shall 777 HeInforce and ad!inister all laws and re/ulations relative to the conduct of an election5 plebiscite5 initiative5 referendu!5 and recall.B (See also Section E(H/ and ()//
D. In!epen!ence of COMELEC -or violatin/ the constitutional !andate of independence of the CJ;ELEC5 Sections (+.() and 18 of ,A )(*) 93 erseas Absentee <oting Act o# EGG4/ insofar as the" relate to the creation of &oint Con/ressional Jversi/ht Co!!ittee and /rant to it the power to review5 revise5 a!end and approve the $!ple!entin/ ,ules and ,e/ulations pro!ul/ated b" the CJ;ELEC5 were declared unconstitutional. 9;a.alintal v. CJ;ELEC5 1CC2: E. Natu(e of powe(s of t#e COMELEC
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,ernas Primer at &$1 (2##+ ed.* 1acinto 1imene), Political "aw Compendium, &21 (2##+ ed.*
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Such authorit" includes= 1. Pro!ul/ate rules and re/ulations for the i!ple!entation of election laws. 9Gallardo v. 'aba!o5 ())2: 2. Power to Ascertain identit" of a political part" and its le/iti!ate officer. 9LDP v. CJ;ELEC:
,ernas Primer at &$& (2##+ ed.*
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&.
4.
%.
B" virtue of such authorit"5 the CJ;ELEC can re<uire co!pliance with the rules for the filin/ of certificates of candidac"5 prevent or prosecute election offenses5 supervise the re/istration of voters and the holdin/ of the polls5 and see to tie that the canvass of the votes and the procla!ation of the winners are done in accordance with law.8*6 Such authorit" includes the power to annul an ille/al re/istr" of voters5 to cancel a procla!ation !ade b" the board of canvassers on the basis of irre/ular or inco!plete canvass5 and even to oust the candidate proclai!ed notwithstandin/ that he has alread" assu!ed office. $t !a" also re3ect nuisance candidates.8*8 Power to annul an entire !unicipal election on the /round of postEelection terroris!. 9CJ;ELEC has e7tensive powers
under the /eneral authorit" to Aenforce and ad!inister all laws relative to the conduct of elections.B 9Biliwan/ v. CJ;ELEC5 ()*1: 9#ere the CJ;ELEC had found that it was i!possible to distin/uish the ille/al fro! the valid returns. 9Dote also that the CJ;ELEC annulled the elections after procla!ation::
'he re/ular courts have no 3urisdiction to entertain a petition to en3oin the construction of public wor.s pro3ects within 68 da"s before an election. 9Gallardo v. 'aba!o5 1(* SC,A 182:
Section 2DAE% A'he Co!!ission on Elections shall 777 HdIeputi0e5 with the concurrence of the President5 law enforce!ent a/encies and instru!entalities of the Govern!ent5 includin/ the Ar!ed -orces of the Philippines5 for the e7clusive purpose of ensurin/ free5 orderl"5 honest5 peaceful5 and credible elections.B Section 2D7E% A'he Co!!ission on Elections shall 777 HrIeco!!end to the President the re!oval of an" officer or e!plo"ee it has deputi0ed5 or the i!position of an" other disciplinar" action5 for violation or disre/ard of5 or disobedience to5 its directive5 order5 or decision.B
A(ticle IIHC' Section 2D7EK Section B2' O&ni us Election Co!e% 'he CJ;ELEC has the power to reco!!end the i!position of disciplinar" action upon an e!plo"ee it has deputi0ed for violation of its order. Since the CJ;ELEC can reco!!end that disciplinar" action be ta.en a/ainst an officer it had deputi0ed5 it can investi/ate an ad!inistrative char/e a/ainst such an officer to deter!ine whether or not it should reco!!end that disciplinar" action be ta.en a/ainst hi!. 9'an v. CJ;ELEC5 12+ SC,A 282:
Section 2D:E% A'he Co!!ission on Elections shall 777 HfIile5 upon a verified co!plaint5 or on its own initiative5 petitions in court for inclusion or e7clusion of votersG investi/ate and5 where appropriate5 prosecute cases of violations of election laws5 includin/ acts or o!issions constitutin/ election frauds5 offenses5 and !alpractices.B
Powe( to p(o&ul*ate (ules an! (e*ulations fo( t#e i&ple&entation of election laws. 'he Co!!ission !a" pro!ul/ate rules and re/ulations for the i!ple!entation of election laws. Such power is dee!ed i!plicit in the power to i!ple!ent re/ulations. 9Gallardo v. 'aba!o5 ())2: Accordin/l"5 where the sub3ect of the action is the enforce!ent of the provisions of the J!nibus Election Code5 the case is within the e7clusive 3urisdiction of the CJ;ELEC5 not of the re/ular courts. 9Gallardo v. 'aba!o5 ())2: Powe( to Asce(tain i!entit) of a political pa(t) an! its le*iti&ate office(. 'he power to enforce and ad!inister laws relative to the conduct elections5 decide all <uestions affectin/ elections5 re/ister and re/ulate political parties5 and ensure orderl" elections5 include the ascertain!ent of the identit" of political part" and its le/iti!ate officers. 9LDP v. CJ;ELEC5 1CC6: 9$n this case the SC held that the CJ;ELEC erred in resolvin/ the controvers" b" /rantin/ official candidate status to the LDP candidates either the AAn/ara in/B or the AA<uino in/B5 because clearl"5 it is the Part" Chair!an5 who is the Chief E7ecutive Jfficer of the Part"5 who has the authorit" to represent the part" in all e7ternal affairs and concerns5 and to si/n docu!ents for and in its behalf.:
4u(is!iction to in"esti*ate an! p(osecute cases. 'he CJ;ELEC has e@clusi"e 3urisdiction to investi/ate and prosecute cases for violations of election laws. 9De &esus v. People5 (1C SC,A +>C: #owever5 the CJ;ELEC !a" validl" dele/ate this power to the Provincial -iscal HProsecutorI. 9People v. &ud/e Basilla5 (+) SC,A *+: -in!in* of p(o a le cause. $t is wellEsettled that the findin/ of probable cause in the prosecution of election offenses rests in the CJ;ELEC@s sound discretion. 'he CJ;ELEC e7ercises the constitutional authorit" to investi/ate and where appropriate5 prosecute cases for violation of election laws5 includin/ acts or o!issions constitutin/ election5 fraud5 offenses and !alpractices. 9Ba"tan v. CJ;ELEC5 1CC2:
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Cru), Philippine Political "aw, p. &#2 (1$$% ed*. Cru), Philippine Political "aw, p. &#2 (1$$% ed*.
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UTOPIA
ARIS S. MANGUERA election canvasser5 such Prosecutor cannot clai! i!!unit" fro! the power of the Co!!ission on the ar/u!ent that he co!es under the e7ecutive depart!ent. 'he Co!!ission has power all persons re<uired b" law to perfor! duties relative to the conduct of elections. #owever5 under Section 19*:5 the Co!!ission !a" !erel" issue a reco!!endation for disciplinar" action to the President.:8*+ 2. Deci!in* Election Contests
Section 2D2E% A'he Co!!ission on Elections shall 777 HeI7ercise e@clusi"e o(i*inal +u(is!iction over all contests relatin/ to the elections5 returns5 and <ualifications of all elective re/ional5 provincial5 and cit" officials5 and appellate +u(is!iction over all contests involvin/ elective !unicipal officials decided b" trial courts of /eneral 3urisdiction5 or involvin/ elective baran/a" officials decided b" trial courts of li!ited 3urisdiction. Decisions5 final orders5 or rulin/s of the Co!!ission on election contests involvin/ elective !unicipal and baran/a" offices shall be final5 e7ecutor"5 and not appealable. A
No o li*ation to sea(c# fo( e"i!ence nee!e!. CJ;ELEC has no obli/ation to search for the evidence needed. B'he tas. of the CJ;ELEC as investi/ator and prosecutor5 actin/ upon an" election offense co!plaint is not searchin/ and /atherin/ of proof in support of a co!plaint for alle/ed co!!ission of an election offense. A co!plainant5 who in effect accuses another person of havin/ co!!itted an act constitutin/ an election offense5 has the burden5 as it is his responsibilit" to follow throu/h his accusation and prove the co!plaint.B8*> Su +ect to aut#o(it) of t(ial +u!*e. hen the Co!!ission acts as prosecutor5 its actions and decision are sub3ect to the authorit" of the trial 3ud/e. Even after the Co!!ission has decided that an infor!ation be filed5 a trial 3ud/e before who! the infor!ation is filed !a" still order reinvesti/ation. Aut#o(it) to !eci!e w#et#e( to appeal. 'his power to investi/ate and prosecute election law violations includes the authorit" to decide whether or not to appeal the dis!issal of a cri!inal case b" the trial court. 9CJ;ELEC v. Silva5 1*> SC,A (++:
.% 'he CJ;ELEC is /iven authorit" to investi/ate and prosecute violations of the election law and Section + sa"s that decisions5 orders and rulin/s of the Co!!ission !a" be reviewed onl" b" the SC on certiorari. After the preli!inar" investi/ation conducted b" CJ;ELEC law"ers and after the CJ;ELEC approves the report and orders the filin/ of a cri!inal case5 !a" the trial court order a reinvesti/ation and re<uire the presentation of the records of the preli!inar" investi/ation !ade b" the CJ;ELECR A% Tes. 'he final orders5 rulin/s and decision of the CJ;ELEC reviewable on certiorari b" the SC as provided b" law are those rendered in actions of proceedin/s before the CJ;ELEC and ta.en co/ni0ance of b" said bod" in the e7ercise of its ad3udicator" or <uasiE3udicial powers. 9such as decisions in election contests. $t does not refer to prosecutor" function of the Co!!ission: 'he ,'C on the other hand5 is /iven e7clusive authorit" to tr" and decide cri!inal cases involvin/ elections. hen the CJ;ELEC as prosecutor files a case before a trial court5 the trial court ac<uires 3urisdiction and all subse<uent dispositions of the case !ust be sub3ect to approval b" the court. #ence5 the court !a" order reinvesti/ation and re<uire sub!ission of records of the preli!inar" e7a!ination to satisf" itself that there is probable cause for the issuance of a warrant of arrest. 9People v. #on. Del/ado5 ())C:
Powe(s un!e( Section 2D2E%
1. 2.
E@clusi"e o(i*inal +u(is!iction over all contests relatin/ to the elections5 returns5 and <ualifications of all elective re/ional5 provincial5 and cit" officialsG
Appellate +u(is!iction over all contests involvin/ elective !unicipal officials decided b" trial courts of /eneral 3urisdiction5 or involvin/ elective baran/a" officials decided b" trial courts of li!ited 3urisdiction. 9!he enumeration #ound in Section E(E/ e2cludes ?urisdiction o er elections #or the Sangguniang Aabataan. ;urisdiction o er these is gi en to the :I76. (Alunan III . Mirasol, '((*/ 'he CJ;ELEC shall e7erciseK e@clusi"e o(i*inal +u(is!iction over all contests relatin/ to the elections5 returns5 and <ualifications of all elective re/ional5 provincial5 and cit" officials.8**
'he power of the Co!!ission under Section 19>: covers not 3ust cri!inal cases but also ad!inistrative cases. 9'hus5 where the Co!!ission has deputi0ed a Cit" Prosecutor as
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W#o !eci!es p(o le&s in"ol"in* ;elections' (etu(ns' an! Mualifications? of can!i!ates, Con*(essional Can!i!ate% Jnce a winnin/ candidate has been proclai!ed5 ta.en his oath5 and assu!ed office as a ;e!ber of the #ouse of ,epresentatives5 CJ;ELEC@s 3urisdiction over election contests relatin/ to his election5 returns and <ualifications ends5 and the #,E'Bs own 3urisdiction be/ins 9A//abao v. CJ;ELEC5 1CC8: Municipal Offices% $n the case of !unicipal officesG even if the case be/an with the
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Qilosba-an v. C;49"9C (1$$/*
,ernas Commentar-, p 1#%% (2##& ed*. Dean ,autistaA Decide Fuestions affecting elections (but not to be voted for*.
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involvin/ elective baran/a" officials decided b" trial courts of li!ited 3urisdiction.
CJ;ELEC before procla!ation before the controvers" is resolved5 it ceases to be a preE procla!ation controvers" and beco!es a contest co/ni0able b" the Court of -irst $nstance.8*)
.% hat is the difference between the 3urisdiction of the CJ;ELEC before the procla!ation and its 3urisdiction after procla!ationR A% 'he difference lies in the due process i!plications. CJ;ELEC@s 3urisdiction over a preE procla!ation controvers" is ad!inistrative or <uasiE 3udicial and is /overned b" the less strin/ent re<uire!ents of ad!inistrative due process 9althou/h the SC has insisted that <uestion on A<ualificationsB should be decide onl" after a fullE dress hearin/:. CJ;ELEC@s 3urisdiction over AcontestsB is 3udicial and is /overned b" the re<uire!ents of 3udicial process. #ence5 even in the case of re/ional or provincial or cit" offices5 it does !a.e a difference whether the CJ;ELEC will treat it as a preE procla!ation controvers" or as a contest.8)C
Appellate 4u(si!iction. 'he CJ;ELEC e7ercises appellate 3urisdiction over contests involvin/ !unicipal or baran/a" officials as ori/inall" decided b" re/ional or !unicipal trial courts5 and its decision in these cases shall be final5 e7ecutor" and not appealable
.% Section ) of ,A >>+) !a.es decisions of a !unicipal or !etropolitan court in a barangay election appealable to the re/ional trial court. $s this validR A% Do. 'he CJ;ELEC has e7clusive appellate 3urisdiction over all contests involvin/ barangay elective officials decided b" trial court of li!ited 3urisdiction. 'he 3urisdiction of the CJ;ELEC5 however5 is over <uestions of factG <uestions of law /o to the Supre!e Court. 9-lores v. CJ;ELEC5 ())C:
E@clusi"e 4u(is!iction o"e( p(eHp(ocla&ation cases. 'he CJ;ELEC shall have e7clusive 3urisdiction over all preEprocla!ation controversies. 9BP **(5 Section 161: 'his should be construed as referrin/ onl" to re/ional5 provincial and cit" officials.9Pan/ilinan v. CJ;ELEC:8)( ,A +(>> Section (8 p(o#i its p(eHp(ocla&ation cont(o"e(sies in national offices De@cept on Muestions in"ol"in* t#e co&position an! p(ocee!in*s of t#e Boa(! of Can"asse(sE.B62 As re/ards national offices5 Do preEprocla!ation case is allowed re/ardin/ the preparation5 trans!ission5 receipt5 custod" and appreciation of the election returns or certificate of canvass. 9Pan/ilinan v. CJ;ELEC5 11* SC,A 2>:8)2 $n a con/ressional election5 the losin/ candidate cannot file a petition for correction of !anifest errors. 9Vin0onsEChato v. CJ;ELEC5 81C SC,A (>>:8)6
.% Does the CJ;ELEC have authorit" to review contests involvin/ the election of officers of a baran/a" federationR A% Do. the power of the CJ;ELEC is over popular elections. 9'aule v. Secretar" Santos5 ())(: 'he CJ;ELEC shall have Kappellate +u(is!iction over all contests involvin/ elective !unicipal officials decided b" trial courts of /eneral 3urisdiction5 or
%2$
%$#
Powe( to issue w(its. 'he appellate 3urisdiction includes5 b" virtue of Section 8C of BP )>+5 the power to issue writs of certiorari5 prohibition and !anda!us.8)8 'he CJ;ELEC has the power to review decisions of !unicipal courts on !unicipal election contests. And when it does so5 the entire case is not opened as what happens in appeals on cri!inal cases.8)> Pe(io! to Appeal f(o& RTC. Appeal to the CJ;ELEC fro! the ,'C !ust be filed within 8 da"s fro! receipt of a cop" of the decision. A !otion for reconsideration of the ,'C decision is a prohibited pleadin/5 and does not interrupt the runnin/ of the period for appeal. 9Veloria v. CJ;ELEC:8)+ 4nder CJ;ELEC ,ules of Procedure5 the !ere filin/ of the Dotice of Appeal is not enou/hG it should be acco!panied b" pa"!ent of the correct a!ount of appeal fee5 in order that the appeal !a" be dee!ed perfected.8)* E@ecution Pen!in* Appeal. 'he CJ;ELEC cannot deprive the ,'C of its co!petence to order e7ecution of 3ud/!ent pendin/ appeal5 because the !ere filin/ of appeal does not divest the trial court of its 3urisdiction over a case and the authorit" to resolve pendin/ incidents. 9Eddin/ v. CJ;ELEC5 16> SC,A 8C1:8))
,ernas Primer at &$+ (2##+ ed.* ,ernas Primer at &$1 (2##+ ed.*
%$%
%$+
%$1
1acinto 1imene), Political "aw Compendium, &$# (2##+ ed.* %$2 Antonio ,. :achura, ;utline<=eviewer in Political "aw &&# (2##+ ed.* %$& 1acinto 1imene), 9lection "aw &/ (2##2*. %$4 1acinto 1imene), 9lection "aw &/ (2##2*.
,ernas Commentar-, p 1#42 (2##& ed*. Man&ala v. Comelec! @= 1/+211m 4a- 2, 2##/. %$/ Antonio ,. :achura, ;utline<=eviewer in Political "aw &&2 (2##+ ed.* %$2 Antonio ,. :achura, ;utline<=eviewer in Political "aw &&2 (2##+ ed.*
(68
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA involved the ascertain!ent of the vote of the electorate of 'a/ui/.>C2
.% Does the Co!!ission have the power to transfer !unicipalities for! one con/ressional district to another for the purpose of preservin/ proportionalit"R A% Do. 'his is not one of the broad power /ranted b" Section 191:. Deither is it what is referred to b" the Jrdinance Appended to the Constitution 9Sections 1 and 2: authori0in/ the Co!!ission to !a.e A !inor ad3ust!entsB. 'he deliberations of the Constitutional Co!!ission on the sub3ect clearl" e7cluded the power to transfer whole !unicipalities. 9;onte3o v. CJ;ELEC5 ())8:
Rationale. Such e7ception is allowed in election cases Ato /ive as !uch reco/nition to the worth of the trial 3ud/e@s decision as that which is initiall" ascribed b" the law to the procla!ation of the board of canvassersB. $ndeed5 to deprive trial courts of their discretion to /rant e7ecution pendin/ appeal would Abrin/ bac. the /host of the ?/rabEtheEprocla!ation5 prolon/ the protest@ techni<ues so often resorted to b" devious politicians in the past in their efforts to perpetuate their hold on an elective public office.B 9Santos v. CJ;ELEC5 1CC2:>CC $t was held that ,'C !a" /rant a !otion for e7ecution pendin/ appeal when there are valid and special reasons to /rant the sa!e such as= (. 'he public interest or the will of the electorateG 1. 'he shortness of the re!ainin/ portion of the ter!G 2. 'he len/th of ti!e that the election contest has been pendin/. 9Davarosa v. CJ;ELEC5 1CC2: 'he !otion for e7ecution pendin/ appeal should be filed before the e7piration of the period for appeal. 9,ela!pos v. Cu!ba5 162 SC,A +8+: .% Does the CJ;ELEC have 3urisdiction to issue writs of certiorari, mandamus, %uo warranto or habeas corpusR A% Tes5 it does5 but onl" in aid of its appellate 3urisdiction over election protest cases involvin/ elective !unicipal officials decided b" courts of /eneral 3urisdiction. 9'his !eans that its 3urisdiction is concurrent with that of the Supre!e Court under Article V$$$5 Section 89(:. 9Carlos v. &ud/e An/eles5 1CCC:>C(
Powe( to Punis# Conte&pt. 'he power to punish conte!pt can be e7ercised onl" in connection with 3udicial functions and not ad!inistrative functions. 9;asan/ca" v. CJ;ELEC5 > SC,A 1+:
Decisions5 final orders5 or rulin/s of the Co!!ission on election contests involvin/ elective !unicipal and baran/a" offices s#all e final' e@ecuto()' an! not appeala le. A
. 9!his rule does not con#lict with the minimum appellate ?urisdiction o# the SC under Article <III, Section 5(E/, which co ers only the #inal ?udgments and orders o# courts o# ?ustice. !he Commission is not a ?udicial tribunal but only an administrati e body./ $t should be noted that5 its decisions5 orders and rulin/s !a" be challen/ed in a petition for certiorari with the SC under Article $SEA5 Section +5 on the /round of /rave abuse of discretion.>C6 'he nonEappealable character refers onl" to <uestions of fact and not of law. Such decisions re!ain sub3ect to the 3urisdiction of the SC throu/h the special civil action of certiorari under ,ule >8 in accordance with Article $SEA5 Section +.9,ivera v. CJ;ELEC5 ())(: G. Deci!in* A!&inist(ati"e .uestions
Section 2DGE% A'he Co!!ission on Elections shall 777 HdIecide5 e7cept those involvin/ the ri/ht to vote5 all <uestions affectin/ elections5 includin/ deter!ination of the nu!ber and location of pollin/ places5 appoint!ent of election officials and inspectors5 and re/istration of voters.B
Con*(essional Can!i!ate. 'he /eneral rule is that the procla!ation of a con/ressional candidate divests CJ;ELEC of 3urisdiction in favor of the proper Electoral 'ribunal F unless the procla!ation was invalid.>C1 Ple iscites. 'he Co!elec has 3urisdiction over cases involvin/ plebiscites. 'hus where the <uestion was whether the electorate of 'a/ui/ voted in favor of5 or a/ainst the conversion of the !unicipalit" of 'a/ui/ into a hi/hl" urbani0ed cit" in the plebiscite conducted for the purpose5 the Co!elec correctl" assu!ed 3urisdiction. 'he proble! was not for re/ular courts. $t was not a case callin/ for the e7ercise of 3udicial power since it did not involve the violation of an" le/all" de!andable ri/ht and its enforce!ent. 'here was no plaintiff or defendant in the case. $t !erel"
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.uestions on Ri*#t to Vote. 'he CJ;ELEC cannot decide the ri/ht to vote5 which refers to the inclusion or e7clusion of voters. 91CC( Bar Question: 'he Constitution prevents the CJ;ELEC5 in the e7ercise of its ad!inistrative powers and functions5 to decide <uestions involvin/ the
+#&
Antonio ,. :achura, ;utline<=eviewer in Political "aw &&2 (2##+ ed.* +## Antonio ,. :achura, ;utline<=eviewer in Political "aw &&2 (2##+ ed.*
+#1
,ernas Primer at &$& (2##+ ed.* +#2 Planas v Comelec! G.R. No. 167594, Mar&) 10, 2006.
6uac and 6autista v. Comelec! @.=. :o. 1%%2%%, 1anuar- 2+, 2##4.
+#4
Cru), Philippine Political "aw, p. &11 (1$$% ed*.
(6>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
A% Section 19*: provides that the CJ;ELEC !a" !erel" Areco!!end to the President the re!oval of an" officer or e!plo"ee it has deputi0ed5 or the i!position of an" disciplinar" action5 for violation or disre/ard of5 or disobedience to5 its decision5 order5 or directive.B>C+
ri/ht to vote. 9$t !a" do so5 however5 in the dischar/e of its duties concernin/ re/istration of voters5 e7cept that its decision shall be sub3ect to 3udicial review. Such power co!es within its <uasiE3udicial authorit" and !a" be validl" e7ercised as incidental to its powers of re/ulation.:>C8 C#an*e in pollin* places. hile chan/es in the location of pollin/ places !a" be initiated b" the written petition of the !a3orit" of the voters5 or b" a/ree!ent of all the political parties5 ulti!atel"5 it is the CJ;ELEC that deter!ines whether a chan/e is necessar" after due notice and hearin/. 9Cawasa v. CJ;ELEC5 1CC1: 'he Supre!e Court held that the conte!pt power conferred upon the CJ;ELEC b" law was an inherentl" 3udiciall" prero/ative and could not be e7ercised b" it in connection with the dischar/e of its purel" routinar" or ad!inistrative duties5 as distin/uished fro! <uasiE3udicial duties. 9Guevara v. CJ;ELEC: A. DeputiFation of Law Enfo(ce&ent A*encies
Section 2DAE% A'he Co!!ission on Elections shall 777 HdIeputi0e5 with the concurrence of the President5 law enforce!ent a/encies and instru!entalities of the Govern!ent5 includin/ the Ar!ed -orces of the Philippines5 for the e7clusive purpose of ensurin/ free5 orderl"5 honest5 peaceful5 and credible elections.A
B. Re*ist(ation of Political Pa(ties

Section 2DBE% A'he Co!!ission on elections shall 777 HrIe/ister5 after sufficient publication5 political parties5 or/ani0ations5 or coalitions which5 in addition to other re<uire!ents5 !ust present their platfor! or pro/ra! of /overn!entG and accredit citi0ensY ar!s of the Co!!ission on Elections. ,eli/ious deno!inations and sects shall not be re/istered. 'hose which see. to achieve their /oals throu/h violence or unlawful !eans5 or refuse to uphold and adhere to this Constitution5 or which are supported b" an" forei/n /overn!ent shall li.ewise be refused re/istration. -inancial contributions fro! forei/n /overn!ents and their a/encies to political parties5 or/ani0ations5 coalitions5 or candidates related to elections5 constitute interference in national affairs5 and5 when accepted5 shall be an additional /round for the cancellation of their re/istration with the Co!!ission5 in addition to other penalties that !a" be prescribed b" law.B
Pu(pose of Re*ist(ation. 1. 'o ac<uire 3uridical personalit"
2. &.
'o <ualif" for accreditation5 'o be entitled to the ri/hts of political parties5 a political part" !ust be re/istered with the CJ;ELEC 9Section >C5 J!nibus Election Code:
$t should be stressed that this power !a" be e7ercised onl" with the consent of the President5 or ne/ativel" stated5 !a" not be e7ercised without his per!ission.>C>
.% hat is the scope of power of the Co!!ission over deputi0ed officersR A% 'he power of the Co!!ission over deputi0ed officers under Section 19>: covers not 3ust cri!inal cases but also ad!inistrative cases. 'hus5 where the Co!!ission has deputi0ed a Cit" Prosecutor as election canvasser5 such Prosecutor cannot clai! i!!unit" for! the power of the Co!!ission on the ar/u!ent that he co!es under the e7ecutive depart!ent. 'he Co!!ission has power over all persons re<uired b" law to perfor! duties relative to the conduct of elections. #owever5 under Section 19*:5 the Co!!ission !a" !erel" issue a reco!!endation for disciplinar" action to the President. 9'an v. CJ;ELEC5 ())6: .% hat is one instance that the CJ;ELEC is subordinated to the PresidentR
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Reason fo( p(esentation of platfo(&s an! p(o*(a&s. $t is essential that political parties present their pro/ra!s and platfor!s of /overn!ent for the infor!ation of the electorate whose support the" are see.in/ as otherwise the voters !a" not properl" and intelli/entl" e7ercise their suffra/es. 'his rule will also enable the Co!!ission to deter!ine if the part" see.in/ re/istration is not entitled thereto because it is a reli/ious /roup5 or is subversive in nature or purpose5 or does not reco/ni0e the Constitution5 or bein/ supported b" a forei/n /overn!ent. Political Pa(t). Section *C of the ()>8 Election Code and Section 11 of the ()+( Election Code defined a political part" as Aan or/ani0ed /roup of person pursuin/ the sa!e political ideals in a /overn!ent and includes its branches and divisions..B the ()+* Election Code adopted the afore<uoted definition b" providin/ in Section ()) that Aan" other /roup of persons pursuin/ the sa!e political ideals in the /overn!ent !a" re/ister with
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Cru), Philippine Political "aw, p. &1& (1$$% ed*3 #ac%ura1 As an incident to its duties concernin/ re/istration of voters5 it !a" decide a <uestion involvin/ the ri/ht to vote5 ut its decision shall be sub3ect to 3udicial review. Antonio ,. :achura, ;utline<=eviewer in Political "aw &&4 (2##+ ed.*
+#+
,ernas Commentar-, p 1#%2 (2##& ed*.
Cru), Philippine Political "aw, p. &14 (1$$% ed*.
(6+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
the Co!!ission and be entitled to the sa!e ri/ht and privile/es.B 9Geroni!o v. CJ;ELEC5 ()*(:>C* /(oups w#ic# cannot e (e*iste(e! as political pa(ties% (. ,eli/ious deno!inations or sectsG 1. 'hose who see. to achieve their /oals throu/h violence or unlawful !eansG 2. 'hose who refuse to uphold and adhere to the ConstitutionG and 6. 'hose supported b" forei/n /overn!ents 9Article $SEC5 Section198:: /(oun!s fo( Cancellation of Re*ist(ation. 4nder ,A +)6(5 CJ;ELEC !a" !otu propio or upon a verified co!plaint of an" interested part"5 refuse or cancel5 after due notice and hearin/5 the re/istration of an" national5 re/ional or sectoral part"5 or/ani0ation or coalition5 on an" of the followin/ /rounds= (. $t is a reli/ious sect or deno!ination5 or/ani0ation or association or/ani0ed for reli/ious purposesG 1. Advocates violence or unlawful !eans to see. its /oalG 2. $t is a forei/n part" or or/ani0ationG 6. $t is receivin/ support fro! an" forei/n /overn!entG forei/n political part"5 foundation5 or/ani0ation5 whether directl" or throu/h an" of its officers or !e!bers5 or indirectl" throu/h third parties5 for partisan election purposesG 8. $t violates or fails to co!pl" with laws5 rules and re/ulations relatin/ to electionsG >. ' declares untruthful state!ents in its petitionG +. $t has ceased to e7ist for at least one "earG *. $t fails to participate in the last two precedin/ elections5 or fails to obtain at least 1U of the votes cast under the part"Elist s"ste! in the two precedin/ elections for the constituenc" in which it was re/istered. One can!i!ate pe( pa(t) fo( eac# Political Pa(t). 'he SC annulled the CJ;ELEC resolution dividin/ the LDP into Awin/sB5 each of which no!inate candidates for ever" elective position and be entitled to representation in the election co!!ittees that the CJ;ELEC create. 'he Court declared that the electoral process envisions one candidate fro! a political part" for each position5 and disunit" and discord a!on/st !e!bers of a political part" should not be allowed to create a !oc.er" thereof. B" accordin/ both win/s representation in the election co!!ittees5 the CJ;ELEC has eroded the si/nificance of political parties and effectivel" divided the opposition. 9LDP v. CJ;ELEC:
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.% 'o re/ister for purposes of the electoral process5 !ust an or/ani0ation be a political part"R A% Do.>C) .% $s there a distinction between an accredited political part" and a re/istered political part"R A% 'he concept of accreditation no lon/er appears in the new Constitution. -or purpose of the electoral process5 all parties5 or/ani0ations and coalitions are considered e<ual.>(C
:. I&p(o"e&ent of Elections
Section 2D8E% A'he Co!!ission on Elections shall 777 HrIeco!!end to the Con/ress effective !easures to !ini!i0e election spendin/5 includin/ li!itation of places where propa/anda !aterials shall be posted5 and to prevent and penali0e all for!s of election frauds5 offenses5 !alpractices5 and nuisance candidacies.B
'he J!nibus Election Code has e7panded the list of prohibited election practices5 chan/ed the li!itations on the e7penses to be incurred b" political parties or candidates5 allows the CJ;ELEC to refuse to /ive due course to certificates of nuisance candidates and assures e<ual treat!ent for all candidates privile/ed or not.>((
Section 2D6E% A'he Co!!ission on Elections shall 777 HsIub!it to the President and the Con/ress5 a co!prehensive report on the conduct of each election5 plebiscite5 initiative5 referendu!5 or recall.B
'he report !entioned here can be the basis of le/islation that !a" i!prove the conduct of future elections.>(1 8. Powe( to P(o&ul*ate Rules of P(oce!u(e
Section G% A'he Co!!ission on Elections !a" sit en banc or in two divisions5 and shall pro!ul/ate its rules of procedure in order to e7pedite disposition of election cases5 includin/ preE procla!ation controversies. All such election cases shall be heard and decided in division5 provided that !otions for reconsideration of decisions shall be decided b" the Co!!ission en banc.$
COMELEC Rules ". Rules of Cou(t. Should there be a conflict between a rule of procedure pro!ul/ated b" the Co!!ission and a ,ule of Court5 if the proceedin/ is before the Co!!ission 5 the Co!!ission rule should prevailG but if the
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,ernas Primer at 4#% (2##+ ed.* ,ernas Primer at 4#% (2##+ ed.* Cru), Philippine Political "aw, p. &1/ (1$$% ed*. Cru), Philippine Political "aw, p. &1/ (1$$% ed*.
+11
,ernas Primer at 4#4 (2##+ ed.*
+12
(6*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
Section B% ADo pardon5 a!nest"5 parole5 or suspension of sentence for violation of election laws5 rules5 and re/ulations shall be /ranted b" the President without the favorable reco!!endation of the Co!!ission.B
proceedin/ is in court5 the ,ules of Court should prevail. 9 Aruelo v. CA5 ())2: 7. Supe("ision o( Re*ulation of -(anc#ises
Section A% A'he Co!!ission !a"5 durin/ the election period5 supervise or re/ulate the en3o"!ent or utili0ation of all franchises or per!its for the operation of transportation and other public utilities5 !edia of co!!unication or infor!ation5 all /rants5 special privile/es5 or concessions /ranted b" the Govern!ent or an" subdivision5 a/enc"5 or instru!entalit" thereof5 includin/ an" /overn!entEowned or controlled corporation or its subsidiar". Such supervision or re/ulation shall ai! to ensure e<ual opportunit"5 and e<ual rates therefor5 for public infor!ation ca!pai/ns and foru!s a!on/ candidates in connection with the ob3ective of holdin/ free5 orderl"5 honest5 peaceful5 and credible elections.B
3J. In Special Cases' Powe( to -i@ Election Pe(io!

Section 6% 4nless otherwise fi7ed b" the Co!!ission in special cases5 the election period shall co!!ence ninet" da"s before the da" of election and shall end thirt" da"s thereafter.
C#a"eF ". COMELEC' 2JJA% 'he SC upheld the validit" of Section 215 ,esolution Do. >81C5 providin/ that all !aterials showin/ the picture5 i!a/e or na!e of a person5 and all advertise!ents on print5 in radio or on television showin/ the i!a/e or !entionin/ the na!e of a person5 who subse<uent to the place!ent or displa" thereof beco!es a candidate for public office shall be i!!ediatel" re!oved5 otherwise the person and the radio station shall be presu!ed to have conducted pre!ature ca!pai/nin/ in violation of Section *C of the J!nibus Election Code. PPI ". COMELEC' 2AA SCRA 282% 'he SC invalidated the CJ;ELEC resolution re<uirin/ newspapers to /ive5 for free5 oneEhalf pa/e newspaper space for use b" the CJ;ELEC. 'his was held to be an invalid e7ercise of the police power5 there bein/ no i!perious public necessit" for the ta.in/ of the newspaper space. SWS ". COMELEC' 373 SCRA B26% 'he SC held that this power !a" be e7ercised onl" over the !edia5 not over practitioners of !edia. 'hus5 in this case the SC invalidated a CJ;ELEC resolution prohibitin/ radio and 'V co!!entators and newspaper colu!nists fro! co!!entin/ on the issues involved in the forthco!in/ plebiscite for the ratification of the or/anic law establishin/ the CA,.
.% Does the power to re/ulate !edia durin/ Aelection periodB also e7tend to the period of a plebiscite or referendu!R A% Tes. Jf essence to plebiscite and referenda is Afair sub!ission.B ;oreover5 the for!ulation of the Constitution is !ore i!portant in a sense than choice of !en who will i!ple!ent that charter. Evidentl"5 therefore5 re/ulator" power durin/ the period of plebiscite or referendu!5 is also intended. 94nido v. CJ;ELEC5 ()*(:
Election Pe(io! ". Ca&pai*n Pe(io!. Election perio! refers to the period of ti!e needed for ad!inisterin/ an election. $t can thus /o be"ond the date for the castin/ of ballots.>(2 Campai#n perio! refers to the period of active solicitation of votes. 'his !a" be set b" the le/islature for a period less than the election period.>(6 Campai#n perio! cannot e$ten! %e'on! the election !a'.>(8
.% Enu!erate so!e specific reco!!endator" powers of CJ;ELEC. A% Section 19+:5 9*: and 9):. 9See also Section 5/
E. Statuto() Powe(s
1.
1. 2.
6.
%. +.
+. *.
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'he CJ;ELEC shall have e2clusi e char/e of the enforce!ent and ad!inistration of all laws relative to the conduct of elections. 9BP **(5 Section 81: E7ercise direct and i!!ediate supervision and control over national and local officials or e!plo"ees. 9BP **(5 Section 819a::. 'he power to authori0e an" !e!bers of A-P5 PDP5 DB$ to act as deputies durin/ the period of ca!pai/n and endin/ 2C da"s thereafter when in an" are of the countr" there are persons co!!ittin/ acts of terroris!. 9BP **(5 Section 819b::. Pro!ul/ate rules and re/ulations i!ple!entin/ provisions of laws which the Co!!ission is re<uired to enforce. 9BP **( Section 819c::. Power to su!!on parties to a controvers" pendin/ before it. 9BP **(5 Section 819d:: Powe( to punis# conte&pt. 9BP **(5 Section 819d:: Power to enforce and e7ecute its decisions5 directives5 orders and instructions. 9BP **(5 Section 819f:: Power to prescribe for!s to be used in the election5 plebiscite or referendu!.
,ernas Commentar-, p 1#+2 (2##& ed*. ,ernas Commentar-, p 1#+2 (2##& ed*. Cru), Philippine Political "aw, p. &12 (1$$% ed*.
6. Powe( to Reco&&en! E@ecuti"e Cle&enc)Q
+14 +1%
(6)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA CJ;ELEC5 ()))G Pasandalan v. CJ;ELEC5 1CC1: Contents of Petition. 'he SC held that for CJ;ELEC to conduct a hearin/ on a verified petition to declare a failure of election5 it is necessar" that the petition !ust show on its face two conditions= (. 'hat no votin/ has ta.en place in the precinct on the date fi7ed b" law or5 even if there was votin/5 the election nevertheless results in a failure to electG and 2. 'he votes not cast would affect the results of the election. 9;it!u/ v. CJ;ELEC5 12C SC,A 86: 'hus5 in this case5 for failure of the petition to show the e7istence of the first condition5 the CJ;ELEC did not co!!it /rave abuse of discretion when it dis!issed the petition even without a hearin/. /. E@a&ples of Matte(s Not Powe(s14u(is!iction of COMELEC Wit#in t#e
).
Power to procure an" supplies5 e<uip!ent5 !aterials or services needed for holdin/ of elections. 9BP **(5 Section 819h:: 1#. Powe( to p(esc(i e use o( a!option of t#e latest tec#nolo*ical !e"ices. 9BP **(5 Section 819i:: 11. Powe( to p(esc(i e latest tec#nolo*ical an! elect(onic !e"ices upon notice to acc(e!ite! political pa(ties an! can!i!ates not less t#an GJ !a)s efo(e. T#e COMELEC is aut#o(iFe! to use an A$TOMATED ELECTION SCSTEM fo( t#e p(ocess of "otin*' countin* "otes' an! can"assin* of t#e (esults. 9,A *62>5 Section >: (1. Power to carr" out continuin/ s"ste!atic ca!pai/n. 9BP **(5 Section 8193:: (2. Power to enlist nonEpartisan /roup or or/ani0ations of citi0ens 9BP **(5 Section 819.:: 14. Powe( to issue sea(c# wa((ants durin/ election periods. 9BP **(5 Section 8+9(:: (8. Power to stop an" election activit"5 or confiscate tear down5 and stop an" unlawful5 libelous5 !isleadin/ or false election propa/anda5 after due notice and hearin/. 9BP **(5 Section 8+91:: 1+. Powe( to inMui(e into t#e financial (eco(!s of candidates and an" or/ani0ation or /roup of persons after due notice and hearin/. 9BP **(5 Section 8+92:: 1/. Powe( to !ecla(e failu(e of election an! call fo( special elections 9,A +(>>5 Section 6: 12. Di"i!e a p(o"ince wit# onl) one le*islati"e !ist(ict into two !ist(icts fo( pu(poses of t#e election of t#e &e& e(s of t#e San**unian* 5a ataan. D,A +(>>5 Section 29b:: Powe( to Decla(e -ailu(e of Elections 'he SC said that under BP **(5 there are onl" three instances where a failure of elections !a" been declare5 na!el"= (. 'he election in an" pollin/ place has not bee held on the date fi7ed on account of force !a3eure5 violence5 terroris!5 fraud or other analo/ous causesG 1. 'he election in an" pollin/ place had been suspended before the hour fi7ed b" law for the closin/ of the votin/ on account of force !a3eure5 violence terroris!5 fraud or other analo/ous casesG or 2. After the votin/ and durin/ the preparation and trans!ission of the election returns or in the custod" or canvass thereof such election results in a failure to elect on account of force !a3eure5 violence5 terroris!5 fraud or other analo/ous causes. 9Sison v.
1.
2.
&.
4. %.
>.
CJ;ELEC has no power to decide <uestions Ainvolvin/ the ri/ht to vote.B 9Section 192: Section 19>: places cases involvin/ Ainclusion or e7clusion of votersB under the 3urisdiction of courts.>(> 'he /eneral rule is that the procla!ation of a con/ressional candidate divests CJ;ELEC of 3urisdiction in favor of the proper Electoral 'ribunal F unless the procla!ation was invalid.>(+ $n the case of !unicipal officesG even if the case be/an with the CJ;ELEC before procla!ation before the controvers" is resolved5 it ceases to be a preEprocla!ation controvers" and beco!es a contest co/ni0able b" the Court of -irst $nstance.>(* 'he CJ;ELEC has no power to !a.e a reapportion!ent of le/islative districts. 9;onte3o v. CJ;ELEC: 'he CJ;ELEC cannot prohibit radio and 'V co!!entators and newspaper colu!nists fro! co!!entin/ on the issues involved in the forthco!in/ plebiscite for the ratification of the or/anic law establishin/ the CA,. 9PP$ v. CJ;ELEC: 'he CJ;ELEC cannot deprive the ,'C of its co!petence to order e7ecution of 3ud/!ent pendin/ appeal5 because the !ere filin/ of appeal does not divest the trial court of its 3urisdiction over a case and the authorit" to resolve pendin/ incidents. 9Eddin/ v. CJ;ELEC5 16> SC,A 8C1:
+1+
+1/
,ernas Commentar-, p 1#%1 (2##& ed*. Planas v Comelec! G.R. No. 167594, Mar&) 10, 2006. ,ernas Primer at &$+ (2##+ ed.*
+12
(8C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
'he conduct of a preli!inar" investi/ation before the filin/ of an infor!ation in court does not involve the e7ercise of ad3udicator" function. 9Balindon/ v. CJ;ELEC5 1CC2: Election cases !ust first be decided in division. #ence the Co!elec en banc !a" not decide an election case still pendin/ before a division. (MuQo= Comelec, G.,. (+C>+*5 &ul" (+5 1CC>.:
0. Powe(s of C#ai(&an
-acts% ,espondent as Chair!an of the CJ;ELEC re!oved petitioner as Director of the Education and $nfor!ation Depart!ent and reassi/ned her to the Law Depart!ent. Petitioner ar/ued that onl" the CJ;ELEC actin/ as a colle/ial bod" can authori0e her reassi/n!ent.
0el!% 4nder Section +96:5 chapter 15 Subtitle C5 Boo. V of the ,evised Ad!inistrative Code5 the Chairman COME.EC is veste! ith po er to ma(e temporar' assi#nments- rotate an! transfer personnel in accor!ance ith the provision of the Civil Service .a . $n the e7ercise of this power5 the Chair!an is not re<uired b" law to secure the approval of the CJ;ELEC en banc. 9;atiba/ v. Benipa"o:>() I. En Banc1 Two Di"isions
'he Co!!ission on Elections !a" sit en banc or in two divisions5 and shall pro!ul/ate its rules of procedure in order to e7pedite disposition of election cases5 includin/ preE procla!ation controversies. All suc# election cases s#all e #ea(! an! !eci!e! in !i"ision5 provided that !otions for reconsideration of decisions shall be decided b" the Co!!ission en banc. 9Article $SEC5 Section 2:
Cases w#ic# &ust fi(st e #ea(! an! !eci!e! in !i"ision% (. All election cases5 includin/ preEprocla!ation contests5 ori/inall" co/ni0able b" the Co!!ission in the e7ercise of its powers under Section 191: of Article $SEC. 1. Petition to cancel a certificate of candidac" rests with the CJ;ELEC in division5 not he CJ;ELEC en banc. 9Bautista v. CJ;ELEC5 1CC2: 2. Cases appealed fro! the ,'C or ;'C. 9Abad v. CJ;ELEC5 ())): 6. Petition for certiorari fro! a decision of the ,'C 9or ;'C:.9Soller v. CJ;ELEC5 1CCC: Cases ) En Banc
'he last sentence of Section 2 prescribes two i!portant rules= <& Motions for reconsi!eration are !eci!e! en %anc&
But a decision en banc is re<uired onl" when the sub3ect for reconsideration is a Adecision5B that is5 a resolution of substantive issues. 'hus5 reconsideration of a dis!issal based on lac. of interest !a" be heard in division. 9Sala0ar v. CJ;ELEC5 ())C: 0owe"e(5 while a !otion to reconsider an interlocutor" order of a division should be resolved b" the division which issued the interlocutor" order5 it !a" be referred to the Co!elec en banc if all the !e!bers of the division a/ree. (Soriano et al Comelec, G, (>66)>E8C85 April 15 1CC+:. $f a case which should /o to the Co!elec en banc is erroneousl" filed with a division5 it !a" auto!aticall" be elevated to the Co!elec en banc. 'his is not provided for in the Co!elec ,ules of Procedure5 but such action is not prohibited. (Mutilan Comelec, G.,. (+(16>*5 April 15 1CC+.:
1.
;otions for reconsideration of AdecisionsB. 9Section 25 Article $SEC: 1. Cases that involve the e7ercise of purel" ad!inistrative functions.
CJ;ELEC en banc !a" directl" assu!e 3urisdiction over a petition to correct !anifest errors in the tabulation or tall"in/ of results 9Statement o# <otes/ b" the Board of canvassers.9'orres v. CJ;ELEC:
o State!ent of Votes is !erel" a tabulation per precinct of the votes obtained b" the candidates as reflected in the election returns. hat is involved is si!ple arith!etic. $n !a.in/ the correction in the co!putation5 the Board of Canvassers acts in an ad!inistrative capacit" under the control and supervision of the CJ;ELEC. Pursuant to its constitutional function to decide <uestions affectin/ elections5 the CJ;ELEC en banc has authorit" to resolve an" <uestion pertainin/ to proceedin/s of the Board of Canvassers. 9;astura v. CJ;ELEC:
=&
Election cases are !eci!e! in !ivision&

'he rule that all election cases5 includin/ preE procla!ation cases5 should first be heard and decided b" the CJ;ELEC in division applies onl" when the CJ;ELEC e7ercises its ad3udicator" or <uasiE3udicial functions5 not when it e7ercises purel" ad!inistrative functions. 9;unicipal Board of Canvassers v. CJ;ELEC5 1CC2:
'he power of the CJ;ELEC to prosecute cases of violation of election laws involves the e7ercise of ad!inistrative powers which !a" be e7ercised directl" b" the CJ;ELEC en banc. 9Ba"tan v. CJ;ELEC5 1CC2:
.% Does the CJ;ELEC en banc have 3urisdiction to decide election casesR A% Do. 'his power pertains to the divisions of the Co!!ission. An" decision b" the Co!!ission en banc
+1$
1acinto 1imene), Political "aw Compendium, &22 (2##+ ed.*
(8(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 3. Election Pe(io! 4nless otherwise fi7ed b" the Co!!ission in special cases5 the election period shall co!!ence ninet" da"s before the da" of election and shall end thirt" da"s thereafter. 9Article $SEC5 Section ): 'he election period is distin/uished fro! the ca!pai/n period in that the latter cannot e7tend be"ond the election da".>1C 2. EMual P(otection of Can!i!ates Bona fide candidates for an" public office shall be free fro! an" for! of harass!ent and discri!ination. 9Article $SEC5 Section (C:
.% Does Section (C /ive candidates i!!unit" fro! suitR A% Do.>1( .% /i"e e@a&ple of !isc(i&ination. A% 4ne<ual treat!ent in the avail!ent of !edia facilities.>11
as re/ards election cases decided b" it in the first instance is null and void. 9Soller v. CJ;ELEC5 1CCC: .% hen is hearin/ b" division re<uiredR A% $t is onl" in the e7ercise of its ad3udicator" or <uasiE 3udicial powers that the CJ;ELEC is !andated to hear and decide cases first b" division and then5 upon !otion for reconsideration5 b" the CJ;ELEC en banc. 'he conduct of a preli!inar" investi/ation before the filin/ of an infor!ation in court does not involve the e7ercise of ad3udicator" function. 9Ba"tan v. CJ;ELEC5 1CC2: .% ;ust a !otion for reconsideration of an order of dis!issal for lac. of interest due to the failure of petitioner or counsel to appear for hearin/ be reviewed b" the CJ;ELEC en banc or !a" it be considered b" a divisionR A% $t !a" be considered b" a division. hat the Constitution sa"s !ust be heard en banc are !otions for reconsideration of Adecisions5B that is resolutions of substantive issues. 'he described dis!issal was not a decision. 9Sala0ar v. CJ;ELEC5 ())C: .% $s the rule on preferential disposition of election cases su//ested b" Article $SEA5 Section + and the re<uire!ent in Section 18+ of the J!nibus Election CJDE that the CJ;ELEC shall decide all election cases brou/ht before it within ninet" da"s fro! the date of sub!ission a hard and fir! ruleR A% Do. Considerin/ the tribunal@s !anpower and lo/istic li!itations5 it is sensible to treat the procedural re<uire!ents on deadlines realisticall". 9Alvare0 v. CJ;ELEC5 1CC(:
0. Pa(t) S)ste&
Section :% A free and open part" s"ste! shall be allowed to evolve accordin/ to the free choice of the people5 sub3ect to the provisions of this Article. Section 8. Do votes cast in favor of a political part"5 or/ani0ation5 or coalition shall be valid5 e7cept for those re/istered under the part"Elist s"ste! as provided in this Constitution. (9elate this to Article <I, Section 5 par.E pro iding #or EGR o# the seats in the &ouse o# 9epresentati es being allocated to partyBlist representati es/ Section 7% PartiesKre/istered under the part"Elist s"ste!Kshall be entitled to appoint poll watchers in accordance with law.
G. -un!s1 -iscal Autono&) -unds certified b" the Co!!ission as necessar" to defra" the e7penses for holdin/ re/ular and special elections5 plebiscites5 initiatives5 referenda5 and recalls5 shall be provided in the re/ular or special appropriations and5 once approved5 shall be released auto!aticall" upon certification b" the Chair!an of the Co!!ission. 9Article $SEC5 Section ((: 5. Re"iew of Decisions
A(ticle IIHA' Section 8. 777 4nless otherwise provided b" this Constitution or b" law5 an) !ecision' o(!e(' o( (ulin* of each Co!!ission !a" be brou/ht to the Supre!e Court on certiorari b" the a//rieved part" within thirt" da"s fro! receipt of a cop" thereof.
Sup(e&e Cou(t. Jnl" decisions of the CJ;ELEC en banc !a" be brou/ht to the SC on certiorari 9as a special civil action under ,ule >8:. hat is conte!plated b" the ter! final o(!e(s' (ulin*s an! !ecisions of CJ;ELEC reviewable b" certiorari b" the SC as provided b" law are those rendered in actions or proceedin/s before the CJ;ELEC and ta.en co/ni0ance of b" the said bod" in the e7ercise of its a!+u!icato() or MuasiH+u!icial powe(s:2G. 9-ilipinas En/ineerin/ and ;achine
+2#
+21
I. Rep(esentation Political parties5 or or/ani0ations or coalitions re/istered under the part"Elist s"ste!5 shall not be represented in the votersY re/istration boards5 boards of election inspectors5 boards of canvassers5 or other si!ilar bodies. #owever5 the" shall be entitled to appoint poll watchers in accordance with law. 9Article $SEC5 Section *: 4. Elections
Cru), Philippine Political "aw, p. &12 (1$$% ed*. ,ernas Primer at 4#/ (2##+ ed.* +22 ,ernas Primer at 4#/ (2##+ ed.* +2& 'hus5 a person whose certificate of candidac" is re3ected or canceled b" the CJ;ELEC on the /round5 sa"5 that he does not possess the re<uired <ualifications5 !a" elevate the !atter on certiorari to the Supre!e Court. 9Cru), Philippine Political "aw, p. &1$ (1$$% ed*.
(81
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA C. Appoint&ent of Co&&issione(s
Section 3D2E 'he Chair!an and the Co!!issioners shall be appointed b" the President with the consent of the Co!!ission on Appoint!ents for a ter! of seven "ears without reappoint!ent. Jf those first appointed5 the Chair!an shall hold office for seven "ears5 one Co!!issioner for five "ears5 and the other Co!!issioner for three "ears5 without reappoint!ent. Appoint!ent to an" vacanc" shall be onl" for the une7pired portion of the ter! of the predecessor. $n no case shall an" ;e!ber be appointed or desi/nated in a te!porar" or actin/ capacit".
Shop v. -errer5 (28 SC,A 18: 'he certiorari 3urisdiction of the SC does not refer to purel" e7ecutive powers such as those which relate to the CJ;ELEC@s appointin/ power.>16 9A!bil v. CJ;ELEC5 1CCC: T(ial Cou(ts. Deter!inations !ade b" the CJ;ELEC which are !erel" ad!inistrative 9not 3udicial: in character5 !a" be challen/ed in an ordinar" civil action before trial courts. 9-ilipinas En/ineerin/ O ;achine Shop v. -errer: 'hus5 where what was assailed in the petition for certiorari was the CJ;ELEC@s choice of appointee5 which is a purel" ad!inistrative dut"5 the case is co/ni0able b" the ,'C 9or the CSC as the case !a" be:. IV. Co&&ission on Au!it Composition of COA Aualifications of Commissioners of COA Appointment of Commissioners Po ers an! Duties of COA *uris!iction
Section (. 9(: 'here shall be a Co!!ission on Audit co!posed of a Chair!an and two Co!!issioners5 who shall be naturalEborn citi0ens of the Philippines and5 at the ti!e of their appoint!ent5 at least thirt"Efive "ears of a/e5 Certified Public Accountants with not less than ten "ears of auditin/ e7perience5 or !e!bers of the Philippine Bar who have been en/a/ed in the practice of law for at least ten "ears5 and !ust not have been candidates for an" elective position in the elections i!!ediatel" precedin/ their appoint!ent. At no ti!e shall all ;e!bers of the Co!!ission belon/ to the sa!e profession.
D. Powe(s an! Duties of COA

Section 1. 9(: 'he Co!!ission on Audit shall have the power5 authorit"5 and dut" to e7a!ine5 audit5 and settle all accounts pertainin/ to the revenue and receipts of5 and e7penditures or uses of funds and propert"5 owned or held in trust b"5 or pertainin/ to5 the Govern!ent5 or an" of its subdivisions5 a/encies5 or instru!entalities5 includin/ /overn!entEowned or controlled corporations with ori/inal charters5 and on a postE audit basis= 9a: constitutional bodies5 co!!issions and offices that have been /ranted fiscal autono!" under this ConstitutionG 9b: autono!ous state colle/es and universitiesG 9c: other /overn!entEowned or controlled corporations and their subsidiariesG and 9d: such nonE/overn!ental entities receivin/ subsid" or e<uit"5 directl" or indirectl"5 fro! or throu/h the Govern!ent5 which are re<uired b" law or the /rantin/ institution to sub!it to such audit as a condition of subsid" or e<uit". #owever5 where the internal control s"ste! of the audited a/encies is inade<uate5 the Co!!ission !a" adopt such !easures5 includin/ te!porar" or special preEaudit5 as are necessar" and appropriate to correct the deficiencies. $t shall .eep the /eneral accounts of the Govern!ent and5 for such period as !a" be provided b" law5 preserve the vouchers and other supportin/ papers pertainin/ thereto. 91: 'he Co!!ission shall have e7clusive authorit"5 sub3ect to the li!itations in this Article5 to define the scope of its audit and e7a!ination5 establish the techni<ues and !ethods re<uired therefor5 and pro!ul/ate accountin/ and auditin/ rules and re/ulations5 includin/ those for the prevention and disallowance of irre/ular5 unnecessar"5 e7cessive5 e7trava/ant5 or unconscionable e7penditures or uses of /overn!ent funds and properties.
A. Co&position of COA Co!!ission on Audit is co!posed of a Chair!an and two Co!!issioners. B. .ualifications of Co&&issione(s
1. 2.
DaturalEborn citi0ens of the PhilippinesG
At the ti!e of their appoint!ent5 at least thirt"E five "ears of a/eG &. Certified Public Accountants with not less than ten "ears of auditin/ e7perience5 or !e!bers of the Philippine Bar who have been en/a/ed in the practice of law for at least ten "earsG 4. ;ust not have been candidates for an" elective position in the elections i!!ediatel" precedin/ their appoint!ent. At no ti!e shall all ;e!bers of the Co!!ission belon/ to the sa!e profession.
3. /ene(al -unction of COA $t is the function of the CJA to e7a!ine the accurac" of the records .ept b" accountable officers and to deter!ine whether e7penditures have been !ade in confor!it" with law. $t is therefore throu/h the Co!!ission on Audit that the
+24
#ence5 <uestions arisin/ fro! the award of a contract for the construction of votin/ booths can be brou/ht before a trial court.
(82
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA other hand5 the CJAYs authorit" to define the scope of its audit5 pro!ul/ate auditin/ rules and re/ulations5 and disallow unnecessar" e7penditures is e7clusive. #owever5 as the constitutionall" !andated auditor of all /overn!ent a/encies5 the CJAYs findin/s and conclusions necessaril" prevail over those of private auditors5 at least insofar as /overn!ent a/encies and officials are concerned.>1*
Co&p(o&ise A*(ee&ent. 'he participation b" the Cit" in ne/otiations for an a!icable settle!ent of a pendin/ liti/ation and its eventual e7ecution of a co!pro!ise a/ree!ent relative thereto5 are indubitabl" within its authorit" and capacit" as a public corporation5 and a co!pro!ise of a civil suit in which it is involved as a part" is a perfectl" le/iti!ate transaction5 not onl" reco/ni0ed but even encoura/ed b" law. 'hus5 CJA co!!itted /rave abuse of discretion when it disallowed the Cit"@s appropriation of P2C5CCC !ade confor!abl" with the co!pro!ise a/ree!ent. 9Js!ena v. CJA5 12* SC,A 6>2: Sala() Vouc#e(. 'he dut" to pass in audit a salar" voucher is discretionar". 9Gon0ales v. Provincial Board of $loilo5 (1 SC,A +((: 'he SC held that the CJA has the power to overrule the DPC 9Dational Power Corporation: General Counsel on postEaudit !easures relative to the deter!ination of whether an e7penditure of a /overn!ent a/enc" is irre/ular5 unnecessar"5 e7trava/ant or unconscionable. .% ;a" CJA in the e7ercise of its auditin/ function5 disallow the pa"!ent of bac.wa/es to e!plo"ees ille/all" dis!issed and sa" that the responsibilit" belon/s to the official who dis!issed the! in bad faithR A% Do. CJA cannot sa" that the responsibilit" belon/s to the official who !ade the ille/al dis!issal when such official has not been heard. Besides5 pa"!ent of bac.wa/es is not an irre/ular5 unnecessar"5 e7cessive or e7trava/ant e7pense. 94" et. al. v. CJA5 1CCC: .% Does the power of the Co!!ission e7tend to nonE accountable officersR A% Tes. 'he Co!!ission has authorit" not 3ust over accountable officers but also over the officers who perfor! functions related to accountin/ such as verification of evaluations and co!putation of fees collectible5 and the adoption of internal rules of control. 9An Evaluator%Co!puter5 for instance is an indispensable part of the process of assess!ent and collection and co!es within the scope of the Co!!ission@s
people can verif" whether their !one" has been properl" spent.>18 2. Classification of COALs -unctions:2: (. 'o e7a!ine and audit all for!s of /overn!ent revenuesG 1. 'o e7a!ine and audit all for!s of /overn!ent e7pendituresG 2. 'o settle /overn!ent accountsG 6. 'o define the scope of techni<ues for its own auditin/ proceduresG 8. 'o pro!ul/ate accountin/ and auditin/ rules Aincludin/ those for the prevention and disallowance of irre/ular5 unnecessar"5 e7cessive5 e7trava/ant5 or unconscionable e7penditures5BG >. 'o decide ad!inistrative cases involvin/ e7penditures of public funds. To e@a&ine an! au!it all fo(&s of *o"e(n&ent e@pen!itu(esK PostHau!it. 'he provision on postEaudit is a reco/nition of the fact that there are certain /overn!ent institutions which can be ha!pered in their operation b" preEaudit re<uire!ents.>1+ PostHau!it Aut#o(it). 'he Co!!ission has onl" postEaudit authorit" over= (. Constitutional bodies5 co!!issions and offices that have been /ranted fiscal autono!" under the ConstitutionG 1. Autono!ous state colle/es and universitiesG 2. Jther /overn!entEowned controlled corporations and their subsidiariesG 6. Such nonE/overn!ental entities receivin/ subsid" or e<uit"5 directl" or indirectl"5 fro! or throu/h the /overn!ent5 which are re<uired b" law or b" the /rantin/ institution to sub!it to such audit as a condition of subsid" or e<uit". 9 here the internal control s"ste! of audited a/encies is inade<uate5 the Co!!ission !a" adopt such !easures5 includin/ te!porar" or special preEaudit5 as are necessar" and appropriate to correct an" deficiencies. ;oreover5 even in cases where preEaudit is allowed and preEaudit has alread" been perfor!ed5 the Co!!ission is not estopped fro! !a.in/ a postEaudit.: P(i"ate Au!ito(s. Public corporations !a" e!plo" private auditors. 'he clear and un!ista.able conclusion fro! a readin/ of the entire Section 1 is that the CJAYs power to e7a!ine and audit is nonEe7clusive. Jn the
+2% +2+
3urisdiction.: 9;a!aril v. Do!in/o5 ())2:>1) To settle *o"e(n&ent accounts Powe( to ;settle accounts?. 'his !eans the power to settle li%uidated accounts5 that is5 those accounts which !a" be ad3usted si!pl"
+22 +2$
,ernas Primer at 4#$ (2##+ ed.* ,ernas Primer at 4#$ (2##+ ed.* +2/ ,ernas Commentar-, p 1#++ (2##& ed*.
96P v. COA! @.=. :o. 224&%. 1anuar- 1+, 2##2 ,ernas Primer at 4#$ (2##+ ed.*
(86
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA A% ,aintree Corporation !ust file its clai! with the CJA. 4nder Article $SED5 Section 19(:5 the CJA has the authorit" to settle all the accounts pertainin/ to e7penditure of public funds. ,aintree Corporation cannot file a case in court. 'he ,epublic of the Philippines did not waive its i!!unit" fro! suit when it entered into the contract with ,aintree Corporation for the suppl" of ponchos for the use of A-P. 'he contract involves the defense of the Philippines and therefore relates to a soverei/n function. 'he provision for venue in the contract does not constitute a waiver of the State i!!unit" fro! suit because the e7press waiver of this i!!unit" can onl" be !ade b" a statute. Aut#o(it) to !efine t#e scope of its au!it an e@a&ination' esta lis# tec#niMues an! &et#o!s (eMui(e! t#e(efo(. 'he SC said that the power of the Co!!ission to define the scope of its audit and to pro!ul/ate auditin/ rules and re/ulations and the power to disallow unnecessar" e7penditures is e7clusive. 98ut its power to e2amine and audit is not e2clusi e/ To p(o&ul*ate accountin* an! au!itin* (ules ;inclu!in* t#ose fo( t#e p(e"ention an! !isallowance of i((e*ula(' unnecessa()' e@cessi"e' e@t(a"a*ant' o( unconsciona le e@pen!itu(es.? 'he SC held that the CJA has the power to overrule the DPC 9Dational Power Corporation: General Counsel on postEaudit !easures relative to the deter!ination of whether an e7penditure of a /overn!ent a/enc" is irre/ular5 unnecessar"5 e7trava/ant or unconscionable. $t was held that CJA !a" stop the pa"!ent of the price stipulated in /overn!ent contracts when found to be irre/ular5 e7trava/ant or unconscionable. 9Sa!beli v. Province of $sabela5 1(C SC,A *C: CJA Circular Do +8E>5 prohibitin/ the use of /overn!ent vehicles b" officials who are provided with transportation allowance was held to be a valid e7ercise of its powers under Section 15 Article $SED of the ConstitutionG and the prohibition !a" be !ade to appl" to officials of the DPC.
.% 'he CJA reduced the a!ount that was passed in audit on the /round that the ori/inal a!ount was Ae7cessive and disadvanta/eous to the /overn!ent.B Does the Co!!ission have the authorit" to do soR A% Tes5 on the basis of its authorit" in Article $SED5 Section 19(:. 'his e7tends to the accounts of all persons respectin/ funds or properties received or
b" an arith!etical process. $t does not include the power to fi7 the a!ount of an un#i2ed or undeter!ined debt. 9Co!pania General de 'abacos v. -rench and 4nison5 ()():
4nli<uidated clai!s present a 3usticiable <uestion which is be"ond the powers of the CJA to ad3udicate. ,ecover" based on %uantum meruit involves a unli<uidated clai!5 because its settle!ent re<uires the application of 3ud/!ent and discretion and cannot be ad3usted b" si!ple arith!etical process. 9-.-. ;anacop Construction Co.5 $nc. v. CA5 1>> SC,A 128:>2C
'o secure the release of funds fro! the 'reasur"5 a wa((ant !ust be drawn b" the proper ad!inistrative official and counte(si*ne! b" the Co!!ission on Audit.>2( 'his counterEsi/nature !a" be co!pelled if it can be shown that= (. 'he warrant has been le/all" drawn b" the officer authori0ed b" law to do soG 1. An appropriation to which the warrant !a" be applied e7ists b" virtue of lawG 2. An une7pected balance of the a!ount appropriated is available. 9Tncausti v. ri/ht5 6+ Phil. *>>: 'he dut" to countersi/n the warrant in this case is !erel" !inisterial. 'he followin/ have been held to be discretionar"= (. 'he dut" to pass audit a salar" voucher. 9Gon0ales v. Provincial Auditor of $loilo5 (1 SC,A +((: 1. 'he dut" of the Co!!ission on Audit to issue a certificate of clearance to an" accountable officer see.in/ to leave the Philippines. 9La!b v. Philipps5 11 Phil. 6+2: Deci!e Mone) Clai&s. 'he CJA can decide !one" clai!s based on law. But if a !one" clai! is denied b" a law5 CJA has no authorit" to pass 3ud/!ent on the constitutionalit" of the law.>21 3667 Ba( .uestion DMone) Clai&sE .% 'he Depart!ent of Dational Defense entered into a contract with ,aintree Corporation for the suppl" of ponchos to the A-P5 stipulatin/ that5 in the event of breach5 action !a" be filed in the proper courts in ;anila. Suppose the A-P fails to pa" for delivered ponchos5 where !ust ,aintreee Corporation file its clai!R h"R
+&#
+&1
1acinto 1imene), Political "aw Compendium, &$4 (2##+ ed.* Cru), Philippine Political "aw, p.&24 +&2 Parre>o c. COA! @.=. 1+2224 1une /, 2##/
(88
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA A% $n accordance with the rulin/ in Pal v. CJA5 since PDB is no lon/er owned b" the /overn!ent the CJA no lon/er has 3urisdiction to audit it as an institution. 4nder Article $SED5 Section 191:5 GJCCs and their subsidiaries are sub3ect to audit b" the CJA. #owever5 in accordance with Section 19(:5 the CJA can audit the PDB with respect to its accounts because the /overn!ent still has e<uit" in it. Au!it of P(i"ate Entities -acts% Petitioners were endEusers of copra. PD 1+> i!posed a lev" on copra to be collected b" the endEusers fro! the sellers of the copra. 'he fund was to be used to subsidi0e the purchase of copra to !aintain the stabilit" of the price. 'he CJA audited the petitioners and found that there was a deficienc" in their collection of the lev". Petitioners ar/ued that the CJA had no authorit" to audit the! as the" were not /overn!entEowned or controlled corporation. 0el!% 'he ar/u!ent has no !erit. 4nder the Constitution5 the CJA has the power to audit nonE /overn!ental entities receivin/ subsid" fro! or throu/h the /overn!ent. 9Blue Bar Coconut Philippines v. 'antuico5 (>2 SC,A +(>:>28
$n 8agatsing . Committee on Privati0ation5 the Court interpretin/ C3A Circular 0o. )(BE(H that there is #ailure o# bidding when (a/ there is only one o##eror, or (b/ when all the o##ers are nonBcomplying or unacceptable, declared that the CJA circular does not spea. of accepted bids5 but of offerors5 without distinction as to whether the" are dis<ualified or <ualified. 'hus5 since in the biddin/ of the 6CU bloc. of Petron shares5 there were three offerors5 na!el" Saudi Ara!co5 Petronas and est!ontNalthou/h the latter were dis<ualifiedNthen there was no failure of biddin/.
held b" te! in an accountable capacit". 9Dincon/ v. Co!!issioner Guin/ona5 ()**:>22 .% ;a" CJA in the e7ercise of its auditin/ function5 disallow the pa"!ent of bac.wa/es to e!plo"ees ille/all" dis!issed and sa" that the responsibilit" belon/s to the official who dis!issed the! in bad faithR A% Do. CJA cannot sa" that the responsibilit" belon/s to the official who !ade the ille/al dis!issal when such official has not been heard. Besides5 pa"!ent of bac.wa/es is not an irre/ular5 unnecessar"5 e7cessive or e7trava/ant e7pense. 94" et. al. v. CJA5 1CCC:
Powe( to "eto app(op(iations. 'here is now a view to the effect that the critical function of the Co!!ission on Audit under the reworded provision of the Constitution authori0es it to veto appropriations. 'his can be done5 so it is ar/ued5 throu/h the power of the Co!!ission to refuse to Ae7a!ine5 audit and settleB an" account violatin/ its own re/ulations Afor the prevention and disallowance of irre/ular5 unnecessar"5 e7cessive5 e7trava/ant or unconscionable e7penditures or uses of /overn!ent funds properties.B>26 E. 4u(is!iction
Section 2. Do law shall be passed e7e!ptin/ an" entit" of the Govern!ent or its subsidiaries in an" /uise whatever5 or an" invest!ent of public funds5 fro! the 3urisdiction of the Co!!ission on Audit.
Wate( Dist(icts Su +ect to t#e 4u(is!iction of COA. 'he Court alread" ruled in several cases that a water district is a /overn!entEowned and controlled corporation with a special charter since it is created pursuant to a special law5 PD ()*. 'he CJA has the authorit" to investi/ate whether directors5 officials or e!plo"ees of GJCC receivin/ additional allowances and bonuses are entitled to such benefits under applicable laws. 'hus5 water districts are sub3ect to the 3urisdiction of the CJA. 9De &esus v. CJA5 1CC2: PAL 9Phil. Airlines: havin/ ceased to be a /overn!entEowned or Fcontrolled corporation5 is no lon/er under the audit 3urisdiction of the CJA. 9PAL v. CJA5 168 SC,A 2): 2JJ3 Ba( .uestion .% 'he PDB was then one of the leadin/ /overn!ent Fowned ban.s and it was under the audit 3urisdiction of the CJA. A few "ears a/o5 it was privati0ed. hat is the effect if an"5 of the privati0ation of PDB on the audit 3urisdiction of the CJAR
+&& +&4
-. Repo(t
Section 6. 'he Co!!ission shall sub!it to the President and the Con/ress5 within the ti!e fi7ed b" law5 an annual report coverin/ the financial condition and operation of the Govern!ent5 its subdivisions5 a/encies5 and instru!entalities5 includin/ /overn!entEowned or controlled corporations5 and nonE/overn!ental entities sub3ect to its audit5 and reco!!end !easures necessar" to i!prove their effectiveness and efficienc". $t shall sub!it such other reports as !a" be re<uired b" law.
Pu(pose of Repo(t. 'hrou/h the report re<uired b" this provision5 the President and the Con/ress shall be infor!ed of the financial status of the /overn!ent and the !anner in which revenues have been collected5 appropriation laws have been i!ple!ented5 and e7penditures or uses of public funds and properties underta.en. $nfor!ation contained in this report and the reco!!endations !ade b" the Co!!ission on Audit will be useful in
+&%
,ernas Primer at 41# (2##+ ed.* Cru), Philippine Political "aw, p.&2$
1acinto 1imene), Political "aw Compendium, &$1 (2##+ ed.*
(8>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
enablin/ the /overn!ent to i!prove its financial operations.>2> 'he authorit" of the Co!!ission to reco!!end !easure to i!prove the efficienc" and effectiveness of the /overn!ent e!powers it Ato conduct the soEcalled perfor!ance audit which consist of the anal"tical and critical review5 assess!ent and evaluation of the activities5 !ana/e!ent and fiscal operations of the Govern!ent in order to reduce operational costs and losses and pro!ote /reater econo!" and ad!inistrative efficienc" in public e7penditures. 'his is a !odern concept of auditin/ that /oes be"ond the !ere e7a!ination of receipts and e7penditures as it e7tends to the evaluation of the application of funds5 to the anal"sis of e7penditures as well as cost benefit studies.B>2+ 0. Re"iew of Co&&issionLs Decisions 'he review power of the SC over decision of the Co!!ission is the sa!e as that over the CJ;ELECE the li!itedEcertiorari power under ,ule >8. 'he 3urisdiction of the SC over the Co!!ission is on !one" !atters and not over decisions on personnel !ove!ents. Deither is it the tas. of the SC to review a Co!!ission opinion on ta7 liabilit".>2*
+&+ +&/
Cru), Philippine Political "aw, p.&&#
Cru), Philippine Political "aw, p.&&1 Fuoting 4onte5o, 'he :ew Constitution, 2#2. +&2 ,ernas Commentar-, p 2& (2##& ed*.
(8+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
A(ticle I LOCAL /OVERNMENT

I& .OCA. 6OVERNMEN,S 9Sections (5 (CE (6: II& .OCA. A?,ONOM/ 9Section 1: III& .OCA. 6OVERNMEN, CODE 9Section 2: IV& 6ENERA. POWERS AND A,,RI)?,ES 9Section 85>5+: V& M?NICIPA. .IA)I.I,/ VI& .OCA. O++ICIA.S 9Section *5): VII& A?,ONOMO?S RE6IONS VIII&IN,ER;6OVERNMEN,A. RE.A,IONS I0& .OCA. INI,IA,IVE AND RE+EREND?M /ENERAL PROVISIONS
I. Local /o"e(n&ents .ocal 6overnment ?nit Auota%le Auotes on Nature of .ocal 6overnments ,erritorial an! Political Su%!ivisions ,he )aran#a' ,he Municipalit' ,he Cit' ,he Province .ea#ues of .6?s@Officials
Section 3. 'he territorial and political subdivisions of the ,epublic of the Philippines are the provinces5 cities5 !unicipalities5 and baran/a"s. 'here shall be autono!ous re/ions in ;usli! ;indanao and the Cordilleras as hereinafter provided.
B. .uota le /o"e(n&ents
.uotes
on
Natu(e
of
Local
1.
AOu(s is still a unita() fo(& of *o"e(n&ent' not a fe!e(al state. Bein/ so5 an" for! of
autono!" /ranted to local /overn!ents will necessaril" be li!ited and confined within the e7tent allowed b" the central authorit".B (7ina . +ano,
2.
69 'E(G(4, G).4G.EGG'/ AA Local /o"e(n&ent $nit is a political su !i"ision of t#e State which is constituted b"
law and possessed of substantial control over its own affairs. ,e!ainin/ to be an intra soverei/n subdivision of one soverei/n nation5 but not intended5 however5 to be an i!periu! in i!perio5 the local /overn!ent unit is autono!ous in the sense that it is /iven !ore powers5 authorit"5 responsibilities and resources. Power which used to be hi/hl" centrali0ed in ;anila5 is thereb" deconcentrated5 enablin/ especiall" the peripheral local /overn!ent units to develop not onl" at their own pace and discretion but also with their own resources and assets.B (Al are= . 6uingona, 69
&.
'')4G4, G'.4'.(H/ An L//$ is c(eate! ) law an! all its powe(s an! (i*#ts a(e sou(ce! t#e(ef(o&. $t
has therefore no power to a!end or act be"ond the authorit" /iven and the li!itations i!posed on it b" law.B (+arana%ue . <M 9ealty Corp., 69
'E*)EG, G*.EG.()/ C. Enu&e(ate t#e Te((ito(ial Su !i"isions in Section 3% an! Political
A. W#at is a Local /o"e(n&ent $nit, A local /overn!ent unit is a political su !i"ision of t#e State which is constitute! %' la and possessed of substantial control over its own affairs. $n a unitar" s"ste! of /overn!ent5 it is an intraEsoverei/n subdivision of one soverei/n nation5 not intended to be an i!periu! in i!perio He!pire within an e!pire:I. 9Alvare0 v. Guin/ona G, ((*2C25 ())>: hen the Drafters of the ()*+ Constitution enunciated the polic" of ensurin/ the autono!" of local /overn!ents5 it was never their intention to create an i!periu! in i!perio and install an intraE soverei/n political subdivision independent of a sin/le soverei/n state. 9Batan/as CA'V v. Court of Appeals5 G, Do. (2**(C5 1CC6:
.% hat is the present for! of local /overn!entR A% 'he present for! consists of an e7ecutive distinct fro! the le/islative bod".>2)
+&$
'he territorial and political subdivisions of the ,epublic of the Philippines are the= (. Provinces 1. Cities 2. ;unicipalities 6. Baran/a"s 'here shall be autono!ous re/ions in ;usli! ;indanao and Cordilleras as provided in the Constitution. 9Section(: Si*nificance of Section 3. 'he constitutional si/nificance of Section ( is that provinces5 cities and !unicipalities and barangays have been fi7ed as the standard territorial and political subdivisions of the Philippines. T#is &anne( of su !i"i!in* t#e P#ilippines cannot *o out of e@istence e@cept ) a constitutional a&en!&ent.>6C
.% EJ 11C dated &ul" (85 ()*+ creates the Cordillera Ad!inistrative ,e/ion 9CA,: creatin/ a te!porar" ad!inistrative a/enc" pendin/ the creation of Cordillera Autono!ous ,e/ion. Does EJ 111 thereb" create a territorial and political subdivisionR A% Do. hat is created is not a public corporation but an e7ecutive a/enc" under the control of the national /overn!ent. $t is !ore si!ilar to the re/ional develop!ent councils which the President !a" create
+4#
,ernas Primer at 41+ (2##+ ed.*
,ernas Primer at 41& (2##+ ed.*
(8*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA A local /overn!ent unit !a" be created5 divided5 !er/ed5 abolished5 or its boundaries substantiall" altered either b" law enacted b" Con/ress in the case of a province5 cit"5 !unicipalit" or an" other political subdivision5 or b" ordinance passed b" the san//unian/ panlalawi/an or sa//unian/ panlun/sod concerned in the case of a baran/a" located within its territorial 3urisdiction5 sub3ect to such li!itations and re<uire!ents prescribed in the Local Govern!ent Code 9,A +(>C5 Section >: 2. ReMuisites1Li&itations on C(eation o( Con"e(sion Article 0- Section <H" Do province5 cit"5 !unicipalit" or an" baran/a" !a" be created5 divided5 !er/ed5 abolished5 or is its boundar" substantiall" altered5 e7cept in accordance with the criteria established in the local /overn!ent code and sub3ect to approval b" a !a3orit" of the votes cast in a PLEBISCITE in the political units directl" affected. RA I<GH- Section <H" Do creation5 division or !er/er5 abolition or substantial alteration of boundaries of local /overn!ent units shall ta.e effect unless approved b" a !a3orit" of the votes cast in a plebiscite called for the purpose in the political unit or units directl" affected. Said plebiscite shall be conducted b" the Co!elec within (1C da"s fro! the date of effectivit" of the law or ordinance effectin/ such action5 unless said law or ordinance fi7es another date.
$t was held that a plebiscite for creatin/ a new province should include the participation of the residents of the !other province in order to confor! to the constitutional re<uire!ent. 9'an v. Co!elec5 (61 SC,A +1+G Padilla v. Co!elec5 1(6 SC,A +28: $n other words5 all political units affected should participate in the plebiscite. $f what is involved is a baran/a"5 the plebiscite should be !unicipalit" or cit"EwideG if a !unicipalit" or co!ponent cit"5 province wide. $f a portion of province is to be carved out and !ade into another province5 the plebiscite should include the !other province. 9'an v. CJ;ELEC5 ()*>:
under Article S5 Section (6. 9Cordillera Board Coalition v. CJA5 ())C:
D. Municipal Co(po(ations 3. Municipal Co(po(ation A bod" politic and corporate constitute! %' the incorporation of the inhabitants for the purpose of local /overn!ent.>6( 2. Ele&ents of a Municipal Co(po(ation:A2
1. 2.
Le*al c(eation o( inco(po(ationE the law creatin/ or authori0in/ the creation or incorporation of a !unicipal corporation. Co(po(ate na&eE 'he na!e b" which the corporation shall be .nown.
'he San//unian/ Panlalawi/an !a"5 in consultation with the Philippine #istorical $nstitute5 chan/e the na!e of the co!ponent cities and !unicipalities5 upon the reco!!endation of the san//unian concernedG provided that the sa!e shall be effective onl" upon the ratification in a plebiscite conducted for the purpose in the political unit directl" affected. 9,A +(>C5 Section (2:
&. 4.
In#a itantsE 'he people residin/ in the territor" of the corporation. Te((ito()H 'he land !ass where the inhabitants reside5 to/ether with the internal and e7ternal waters5 and the air space above the land waters.
G. Dual Natu(e an! -unctions Ever" local /overn!ent unit created or or/ani0ed 9under the Local Govern!ent Code: is a bod" politic and corporate endowed with powers to be e7ercised b" it in confor!it" with law. As such5 it shall e7ercise powers as a political subdivision of the Dational Govern!ent and as a corporate entit" representin/ the inhabitants of its territor". 9,A +(>C5 Section (8: Accordin/l" it has dual functions na!el"= 1. Pu lic o( *o"e(n&entalH $t acts as an a/ent of the State for the /overn!ent of the territor" and the inhabitants. 2. P(i"ate o( p(op(ieta()E $t acts as an a/ent of the co!!unit" in the ad!inistration of local affairs. As such5 it acts as a separate entit"5 for its own purposes5 and not as a subdivision of the State 9Bara Lidasan v. Co!elec5 1( SC,A 6)>: E. C(eation1 Dissolution of Municipal Co(po(ations 3. Aut#o(it) to C(eate
+41
+42
Antonio :achura, ;utline on Political "aw, %%& (2##+* Antonio :achura, ;utline on Political "aw, %%& (2##+*
RA 83:J' Section 8% Based on verifiable indicators of viabilit" and pro3ected capacit" to provide services5 to wit= 1. Inco&eH $nco!e !ust be sufficient5 based on acceptable standards5 to provide for all essential /overn!ent facilities and services and special functions co!!ensurate with the si0e of population5 as e7pected of the local /overn!ent unit concerned. Avera/e annual inco!e for the last two consecutive "ears based on ())( constant prices should be at least= Municipalit'" 1.8 ; Cit'" (CC; 9Tear 1CCC constant prices5 a!ended b" ,A )CC): Hi#hl' ur%ani1e! cit'" 8C; Province" 1C;
(8)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
$t was held that the $nternal ,evenue Allot!ents 9$,As: should be included in the co!putation of the avera/e annual inco!e of the !unicipalit" 9for purposes of deter!inin/ whether the !unicipalit" !a" be validl" converted into a cit":5 but under ,A )CC)5 it is specificall" provided that for conversion to cities5 the !unicipalit"@s inco!e should not include the $,A. 9Alvare0 v. Guin/ona5 181 SC,A >)8:
G. Be*innin* of Co(po(ate E@istence 4pon the election and <ualification of its chief e7ecutive and a !a3orit" of the !e!bers of its san//unian5 unless so!e other ti!e is fi7ed therefor b" the law or ordinance creatin/ it. 9,A +(>C5 Section (6: A. Di"ision an! Me(*e(K A olition of L/$s Di"ision an! &e(*e( shall co!pl" with sa!e re<uire!ents5 provided that such division shall not reduce the inco!e5 population or land area of the local /overn!ent unit or units concerned to less than the !ini!u! re<uire!ents prescribedG provided further that the inco!e classification of the ori/inal local /overn!ent unit or units shall not fall below its current inco!e classification prior to the division. 9,A +(>C5 Section *: A olition. A local /overn!ent unit !a" be abolished when its inco!e5 population or land area has been irreversibl" reduced to less than the !ini!u! standards prescribed for its creation5 as certified b" the national a/encies !entioned. 'he law or ordinance abolishin/ a local /overn!ent unit shall specif" the province5 cit"5 !unicipalit" or baran/a" with which the local /overn!ent unit sou/ht to be abolished will be incorporated or !er/ed. 9,A +(>C5 Section ): B. De -acto Municipal Co(po(ations ReMuisites% (. Valid law authori0in/ incorporation 1. Atte!pt in /ood faith to or/ani0e under it 2. Colorable co!pliance with the law. 6. Assu!ption of corporate powers
'he SC declared as unconstitutional Section >* of the ,evised Ad!inistrative Code which authori0ed the President to create !unicipalities throu/h E7ecutive Jrder. ith this declaration5 !unicipalities created b" E7ecutive Jrder could not clai! to be de #acto !unicipal corporations because there was no valid law authori0in/ incorporation. 9Pelae0 v. Auditor General5 (8 SC,A 8>):
2.
PopulationH it shall be deter!ined as the total nu!ber of inhabitants within the territorial 3urisdiction of the local /overn!ent unit concerned. &. Lan! A(eaE $t !ust be conti/uous5 unless it co!prises two or !ore islands or is separated b" a local /overn!ent unit independent of the othersG properl" identified b" !etes and bounds with technical descriptions and sufficient to provide for such basic services and facilities to !eet the re<uire!ents of its populace.
Inco&e Baran/a" Population 15CCC inhabitants 9e7cept in ;etro ;anila and other !etropolitan political subdivisions or in hi/hl" urbani0ed cities where the re<uire!ent is 85CCC inhabitants: 185CCC (8C5CCC 1CC5CCC 18C5CCC Lan! A(ea
;unicipalit " Cit" #i/hl" 4rbani0ed Cit" Province
1.8; (CC; 8C; 1C;
8Cs<.! (CCs<.!
15CCCs< h.!
Co!pliance with the fore/oin/ indicators shall be attested to b" the Depart!ent of -inance5 the DSJ and the Lands ;ana/e!ent Bureau of the DED,. 'he SC said that the re<uire!ent that the territor" of newl"Ecreated local /overn!ent units be identified b" !etes and bounds is intended to provide the !eans b" which the area of the local /overn!ent unit !a" be reasonabl" ascertained5 i.e.5 as a toll in the establish!ent of the local /overn!ent unit. As lon/ as the territorial 3urisdiction of the newl" created cit" !a" be reasonabl" ascertainedNb" referrin/ to co!!on boundaries with nei/hborin/ !unicipalitiesNthen the le/islative intent has been sufficientl" served. 9;ariano v. Co!elec5 161 SC,A 1((: HDote= ,A +*865 which converted ;a.ati into a cit"5 did not define the boundaries of the new cit" b" !etes and bounds5 because of a territorial dispute between ;a.ati and 'a/ui/5 which was best left for the courts to decideI I sweat, I bleed, I soar Service, Sacrifice, Excellence
:. Attac9 A*ainst In"ali!it) of Inco(po(ation Do collateral attac. shall lieG and in<uir" into the le/al e7istence of a !unicipal corporation is reserved to the State in a proceedin/ for <uo warranto or other direct proceedin/. 9;alaban/ v. Benito5 1+ SC,A 822: But this rule applies onl" when the !unicipal corporation is at least a de facto !unicipal corporation.
#owever5 where the challen/e was !ade nearl" 2C "ears after the e7ecutive orderG creatin/ the !unicipalit" was issued5 or where the !unicipalit" has been in e7istence for all of (> "ears before the rulin/ in +elae= . Auditor 6eneral was pro!ul/ated and various /overn!ental acts throu/hout the "ears indicate the State@s reco/nition and ac.nowled/!ent of the e7istence of the !unicipal corporation5 the !unicipal corporation should be considered as a re/ular de ?ure !unicipalit".
(>C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
of the province. 'he voters of co!ponent cities within a province5 whose charters contain no such prohibition5 shall not be deprived of their ri/ht to vote for elective provincial officials. .% ;a" a resident of Aco!ponent cities whose charter prohibit their voters fro! votin/ for provincial elective officialsB run for a provincial elective officeR A% Do. Section (1 sa"s5 these are independent of the province. 'his independence includes the incapacit" of its residents to run for provincial office. 9Abella v. CJ;ELEC5 ())(:
2JJA Ba( .uestion% .%;ADAMJ is a !unicipalit" co!posed of *C baran/a"s5 2C west of ;ada.o ,iver and 8C east thereof. 'he 2C western baran/a"s5 feelin/ left out of econo!ic initiatives5 wish to constitute the!selves into a new and separate town to be called ;asi/la. A law is passed creatin/ ;asi/la and a plebiscite is !ade in favor of the law. B. Suppose that one "ear after ;asi/la was constituted as a !unicipalit"5 the law creatin/ it is voided because of defects. ould that invalidate the acts of the !unicipalit" and%or its !unicipal officersR E7plain briefl". Su**este! Answe(= Althou/h the !unicipalit" cannot be considered as a de facto corporation5 because there is no valid law under which it was created5 the acts of the !unicipalit" and of its officers will not be invalidated5 because the e7istence of the law creatin/ it is an operative fact before it was declared unconstitutional. #ence5 the previous acts of the !unicipalit" and its officers should be /iven effect as a !atter of fairness and 3ustice. 9;unicipalit" of;alaban/ v. Benito5 1+ SC,A 822 H()>)I -. T#e Ba(an*a) As the basic political unit5 the baran/a" serves as the pri!ar" plannin/ and i!ple!entin/ unit of /overn!ental policies5 plans5 pro/ra!s5 pro3ects and activities in the co!!unit"5 as a foru! wherein the collective views of the people !a" be e7pressed 5 cr"stalli0ed and considered5 and where disputes !a" be a!icabl" settled. 9,A +(>C5 Section 2*6: /. T#e Municipalit) 'he !unicipalit"5 consistin/ of a /roup of barana"s5 serves pri!aril" as a /eneral purpose /overn!ent for the coordination of and deliver" of basic5 re/ular and direct services and effective /overnance of the inhabitants within its 3urisdiction. 9,A +(>C5 Section 66C: ,A +(>C Sections 66CE66+ 0. T#e Cit) 'he cit"5 co!posed of !ore urbani0ed and developed baran/a"s5 serves as a /eneralE purpose /overn!ent for the coordination and deliver" of basic5 re/ular and direct services and effective /overnance of the inhabitants within its territorial 3urisdiction. 9,A +(>C5 Section 66*: ,A +(>C Sections 66*E18*
Section 32. Cities that are hi/hl" urbani0ed5 as deter!ined b" law5 and co!ponent cities whose charters prohibit their voters fro! votin/ for provincial elective officials5 shall be independent
I. T#e P(o"ince 'he province co!posed of a cluster of !unicipalities and co!ponent cities5 and as a political and corporate unit of /overn!ent5 serves as a d"na!ic !echanis! for develop!ental processes and effective /overnance of local /overn!ent units within its territorial 3urisdiction. 9,A +(>C5 Section 68): 9See ,A +(>C Sections 68)E6>*: 4. Autono&ous (e*ions in Musli& Min!anao an! in Co(!ille(as 9'his will be discussed under Section (8: 9As o# this writing, only one autonomous region, that o# the Muslim Mindanao, has been established./ 5. Special Met(opolitan Political Su !i"isions
Section 33. 'he Con/ress !a"5 b" law5 create special !etropolitan political subdivisions5 sub3ect to a plebiscite as set forth in Section (C hereof. 'he co!ponent cities and !unicipalities shall retain their basic autono!" and shall be entitled to their own local e7ecutive and le/islative asse!blies. 'he 3urisdiction of the !etropolitan authorit" that will thereb" be created shall be li!ited to basic services re<uirin/ coordination.
Pursuant to Article S5 Section ((5 Con/ress !a"5 b" law5 create special !etropolitan political subdivisions sub3ect to a plebiscite set forth in Section 1C5 but the co!ponent cities and !unicipalities shall retain their basic autono!" and shall be entitled to their own local e7ecutives and le/islative asse!blies. 'he 3urisdiction of the !etropolitan authorit" that will thereb" created shall be li!ited to basic services re<uirin/ coordination. NOTE% As earlier decided in the Belair case5 the ;;DA is NOT the !etropolitan political unit conte!plated in Section ((. ,ather it is an ad!inistrative a/enc" of the /overn!ent and as such it does not possess police power. $t !a" e7rcise onl" such powers as are /iven to it b" law. #ence5 where there is a traffic law or re/ulation validl" enacted b" the le/islature or those a/encies to who! le/islative powers have been dele/ated 9the Cit" of ;anila in this case: e!powerin/ it to confiscate suspend licenses of errin/ drivers5 it
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FRATERNAL ORDER
SCHOOL OF LAW
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UTOPIA
ARIS S. MANGUERA political decentrali0ation. 'his is !eant to allow botto!EtoEtop plannin/ rather than the reverse.>68 Powe( to C(eate RDCs. $t will be noted that the power to for! these develop!ent councils is /iven to the President. #e does not need authori0ation fro! Con/ress.>6> II. Local Autono&)
Section 2. 'he territorial and political subdivisions shall en3o" local autono!".
!a" do perfor! such acts. ithout such law5 however5 the ;;DA has no power.>62 L. Lea*ues of L/$s1Officials 9See ,A +(>C Sections 6)(E6)8G 6)>E6)*:
Section 3G. Local /overn!ent units !a" /roup the!selves5 consolidate or coordinate their efforts5 services5 and resources for purposes co!!onl" beneficial to the! in accordance with law.
.% Does the /roupin/ conte!plated in Section (2 create a new 3uridical entit"R A% Do.>66 .% ;a" local /overn!ent units create these /roupin/s even without prior enablin/ lawR A% Tes. Li*a n* &*a Ba(an*a)H Jr/ani0ation of all baran/a" for the pri!ar" purpose of deter!inin/ the representation of the Li/a in the san//unians5 and for ventilatin/5 articulatin/ and cr"stalli0in/ issues affectin/ baran/a" /overn!ent ad!inistration and securin/5 throu/h proper and le/al !eans5 solutions thereto.
2JJG Ba( .uestion .% Can the Li/a n/ !/a Baran/a" e7ercise le/islative powersR S4GGES'ED ADS E,= 'he Li/a n/ ;/a Baran/a" cannot e7ercise le/islative powers. As stated in BitoEJnon v. -ernande0. 28C SC,A +21 H1CC(I5 it is not a local /overn!ent unit and its pri!ar" purpose is to deter!ine representation of the !/a in the san//uniansG to ventilate5 articulate5 and cr"stalli0e issues affectin/ baran/a" /overn!ent ad!inistrationG and to secure solutions for the! throu/h proper and le/al !eans.
A. Constitutional P(o"isions A(ticle II' Section 2B% 'he State shall ensure the autono!" of local /overn!ents. A(ticle I' Section 2% 'he territorial and political subdivisions shall en3o" local autono!".
3See also Sections 9-F-G- I an! <H of Article 04
B. Si*nificance of Decla(ation of Local Autono&) $t is !eant to free local /overn!ents fro! the wellE ni/h absolute control b" the le/islature which characteri0ed local /overn!ent under the ()28 Constitution. 'hus5 althou/h a distinction is !ade between local /overn!ents in /eneral and autono!ous re/ions5 even those outside the autono!ous re/ions are supposed to en3o" autono!".>6+ D. Rules on Local Autono&) A$n resu![5 the Court is la"in/ down the followin/ rules= (. Local autono!"5 under the Constitution5 involves a !ere decentrali0ation of ad!inistration5 not of power5 in which local officials re!ain accountable to the central /overn!ent in the !anner the law !a" provideG 1. 'he new Constitution does not prescribe federalis!G 2. 'he chan/e in constitutional lan/ua/e 9with respect to the supervision clause: was !eant but to den" le/islative control over local /overn!entsG it did not e7e!pt the latter fro! le/islative re/ulations provided re/ulation is consistent with the funda!ental pre!ise of autono!"G 6. Since local /overn!ents re!ain accountable to the national authorit"5 the latter !a"5 b" law5 and in the !anner set forth therein5 i!pose disciplinar" action a/ainst local officialsG
Lea*ue of Municipalities. Jr/ani0ed for the pri!ar" purpose of ventilatin/5 articulatin/ and cr"stalli0in/ issues affectin/ !unicipal /overn!ent ad!inistration5 and securin/5 throu/h proper and le/al !eans5 solutions thereto. M. Re*ional De"elop&ent Councils
Section 3A. 'he President shall provide for re/ional develop!ent councils or other si!ilar bodies co!posed of local /overn!ent officials5 re/ional heads of depart!ents and other /overn!ent offices5 and representatives fro! nonE /overn!ental or/ani0ations within the re/ions for purposes of ad!inistrative decentrali0ation to stren/then the autono!" of the units therein and to accelerate the econo!ic and social /rowth and develop!ent of the units in the re/ion.
Pu(pose. 'he purpose of this provision is to foster ad!inistrative decentrali0ation as a co!ple!ent to

+4% +4&
MM9A v. Garin! @.=. :o. 1&#2&#, April 1%, 2##%. +44 ,ernas Primer at 4&2 (2##+ ed.*
,ernas Commentar-, p 1#$2 (2##& ed*. ,ernas Commentar-, p 1#$2 (2##& ed*. +4/ ,ernas Primer at 414 (2##+ ed.*
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<Supe("ision< an! <in"esti*ation< a(e not inconsistent te(&sK <in"esti*ation< !oes not si*nif) <cont(ol< 9which the President does not have:G 777B (6an=on . CA, 69 (4E5E, G).G5.('/
E. Meanin* of Local Autono&) XLocal autono&)' un!e( t#e Constitution' in"ol"es a &e(e DECEN,RA.IJA,ION O+ ADMINIS,RA,ION' not of powe(.... 9Gan0on v. CA5 ())(:
Nac#u(a an! A*(a Notes% 'he principle of local autono!" under the ()*+ Constitution si!pl" !eans !ecent(aliFation. 9Basco v. Pa/cor5 ()+ SC,A 81:>6* 9Lina v. Pano5 1CC(: )ernas" 7ocal autonomy means more than ?ust decentrali=ation. 8ut the concept o# autonomy is relati e. Autonomy #or local go ernments in general will be less than #or the autonomous regions.HF(
.% ;a" CJA reduce the allowance /iven to 3ud/es b" local /overn!entsR A% Do. Since the Local Govern!ent Code authori0es local /overn!ents to /ive allowance to 3ud/es and decide how !uch this should be5 local autono!" prohibits the Co!!ission on Audit fro! interferin/ with the authorit" of the local a /overn!ent b" reducin/ what has been decided b" the local /overn!ent. 9Dadole v. CJA5 1CC1G Le"nes v. CJA5 1CC2:
-. Re*ional Autono&) Re*ional autono&) is t#e !e*(ee of selfH !ete(&ination e@e(cise! ) t#e local *o"e(n&ent unit "isHRH"is t#e cent(al *o"e(n&ent. (:isomangcop . Secretary o# +ublic ,orks and &ighways, 69 'F()F), ''.E5.EGGF/ ARe*ional autono&) (efe(s to t#e *(antin* of asic inte(nal *o"e(n&ent powe(s to t#e people of a pa(ticula( a(ea o( (e*ion wit# least cont(ol an! supe("ision f(o& t#e cent(al *o"e(n&ent. 'he ob3ective of the autono!" s"ste! is to per!it deter!ined /roups5 with a co!!on tradition and shared socialEcultural characteristics5 to develop freel" their wa"s of life and herita/e5 e7ercise their ri/hts5 and be in char/e of their own business.B (:isomangcop . Secretary o# +ublic ,orks and &ighways, 69 'F()F), ''.E5.EGGF/ Re*ional autono&) is also a &eans towa(!s sol"in* e@istin* se(ious peace an! o(!e( p(o le&s an! secessionist &o"e&ents. Parentheticall"5 autono!"5 decentrali0ation and re/ionali0ation5 in international law5 have beco!e politicall" acceptable answers to intractable proble!s of nationalis!5 separatis!5 ethnic conflict and threat of secession. #owever5 the creation of autono!ous re/ions does not si/nif" the establish!ent of a soverei/nt" distinct fro! that of the ,epublic5 as it can be installed onl" Lwithin the fra!ewor. of this Constitution and the national soverei/nt" as well as territorial inte/rit" of the ,epublic of the Philippines. (:isomangcop . Secretary o# +ublic ,orks and &ighways, 69 'F()F), ''.E5.EGGF/ /. -iscal Autono&) ALocal autono&) inclu!es ot# a!&inist(ati"e an! fiscal autono&). 777 'he Court declared therein that local fiscal autono!" includes the power of the LG4s to5 inter alia5 allocate their resources in accordance with their own priorities. 777 -urther5 a basic feature of local fiscal autono!" is the constitutionall" !andated auto!atic release of the shares of LG4s in the national internal revenue.B (+ro ince o# 8atangas . 9omulo, 69 '5E**F, G5.E*.EGGF/
#owever5 even as we reco/ni0e that the Constitution /uarantees autono!" to local /overn!ent units5 the e7ercise of local autono!" re!ains sub3ect to the power of control b" Con/ress5 and the power of /eneral supervision b" the President. 9&ud/e Dadole v. CJA5 1CC1: .% hat is the !eanin/ of local autono!" as it has e!er/ed in recent decisionsR A% $t !eans that local /overn!ents have certain powers /iven b" the Constitution which !a" not be curtailed b" the national /overn!ent5 but that5 outside of these5 local /overn!ents !a" not pass ordinances contrar" to statute. 9;a/ta3as v. Pr"ce Properties5 126 SC,A 188 9())6::.>8C
.% Do local /overn!ents have the power to /rant franchise to operate CA'V s"ste!. A% Do. 9Batan/as CA'V v. CA5 1CC6: .% 'he law sa"s that the bud/et officer shall be appointed b" the Depart!ent head upon the reco!!endation of the head of local /overn!ent sub3ect to civil service rules and re/ulations. $f none of those reco!!ended b" the local /overn!ent head !eets the re<uire!ents of law5 !a" the Depart!ent head appoint an"one he choosesR A% Do5 he !ust return the reco!!endations of the local /overn!ent head e7plainin/ wh" the reco!!endees are not <ualified and as. for a new reco!!endation. $n other words5 the reco!!endation of the local /overn!ent head is a condition sine %ua non of the Depart!ent@s appointin/ authorit". 'his is the onl" wa" local autono!" can be /iven b" reco/nition the Constitution wants it to have. hen in doubt5 favor autono!". 9San &uan v. CSC5 ())(:
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Antonio :achura, ;utline on Political "aw, %%1 (2##+* ,ernas Commentar-, p 1#// (2##& ed*. +%# ,ernas Primer at 41% (2##+ ed.*
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ARIS S. MANGUERA inte(p(etin* statuto() p(o"isions on &unicipal fiscal powe(s5 doubts will have to be resolved in favor of !unicipal corporations.B (San +ablo City . 9eyes, 69 'E**G), G4.E5.((/
ACORD ". Oa&o(a 9G, (6618>5 C>.C*.1CC8: Constitution provi!es for automatic release of IRA. 'he General Appropriation Act of 1CCC cannot place a portion of the $nternal ,evenue Allot!ent 9P(CB: in an 4npro/ra!!ed -und onl" to be released when a condition is !et i.e. the ori/inal revenue tar/ets are reali0ed5 since this would violate the auto!atic release provision under Section 85 Article S of the Constitution. As the Constitution la"s upon the e7ecutive the dut" to auto!aticall" release the 3ust share of local /overn!ents in the national ta7es5 so it en3oins the le/islature not to pass laws that !i/ht prevent the e7ecutive fro! perfor!in/ this dut". Both the e7ecutive and le/islative are barred fro! withholdin/ the release of the $,A. $f the fra!ers of the Constitution intended to allow the enact!ent of statutes !a.in/ the release of $,A conditional instead of auto!atic5 then Article S5 Section > of the Constitution would have been worded differentl". Con/ress has control onl" over the share which !ust be 3ust5 not over the !anner b" which the share !ust be released which !ust be auto!atic since the phrase Aas deter!ined b" lawB <ualified the share5 not the release thereof. P(o"ince of Batan*as ". Ro&ulo 9G, (81++65 C8.1+.1CC6: 6AA cannot amen! .6C& Constitution provi!es for automatic release of IRA& 'he General Appropriation Acts of ()))5 1CCC and 1CC( and resolutions of the Jversi/ht Co!!ittee cannot a!end the ())( Local Govern!ent Code insofar as the" provide for the local /overn!ents@ share in the $nternal ,evenue Allot!ents as well as the ti!e and !anner of distribution of said share. A national bud/et cannot a!end a substantive law5 in this case the Code. 'he provisions in the GAA creatin/ the Local Govern!ent Special E<uali0ation -und and authori0in/ the nonE release of the 6CU to all local /overn!ents are inappropriate provisions. -urther5 the restrictions are violative of fiscal autono!". -iscal autono!" !eans that local /overn!ents have the power to create their own sources of revenue in addition to their e<uitable share in the national ta7es released b" the national /overn!ent5 as well as the power to allocate their resources in accordance with their own priorities. $t e7tends to the preparation of their bud/ets5 and local officials in turn have to wor. within the constraints thereof. 'he" are not for!ulated at the national level and i!posed on local /overn!ents5 whether the" are relevant to local needs and resources or not. -urther5 a basic feature of local fiscal autono!" is the constitutionall" !andated auto!atic release of the shares of local /overn!ents in the national internal revenue.
A4nder e7istin/ law5 local /overn!ent units5 in addition to havin/ ad!inistrative autono!" in the e7ercise of their functions5 en3o" fiscal autono!" as well. -iscal autono&) &eans t#at local *o"e(n&ents #a"e t#e powe( to c(eate t#ei( own sou(ces of (e"enue in a!!ition to t#ei( eMuita le s#a(e in t#e national ta@es (elease! ) t#e national *o"e(n&ent' as well as t#e powe( to allocate t#ei( (esou(ces in acco(!ance wit# t#ei( own p(io(ities. $t e7tends to the
preparation of their bud/ets5 and local officials in turnE have to wor. within the constraints thereof. 'he" are not for!ulated at the national level and i!posed on local /overn!ents5 whether the" are relevant to local needs and resources or not. #ence5 the necessit" of a balancin/ of viewpoints and the har!oni0ation of proposals fro! both local and national officials5 who in an" case are partners in the attain!ent of national /oals. Local fiscal autono!" does not however rule out an" !anner of national /overn!ent intervention b" wa" of supervision5 in order to ensure that local pro/ra!s5 fiscal and otherwise5 are consistent with national /oals. Si/nificantl"5 the President5 b" constitutional fiat5 is the head of the econo!ic and plannin/ a/enc" of the /overn!ent5 pri!aril" responsible for for!ulatin/ and i!ple!entin/ continuin/5 coordinated and inte/rated social and econo!ic policies5 plans and pro/ra!s for the entire countr". #owever5 under the Constitution5 the for!ulation and the i!ple!entation of such policies and pro/ra!s are sub3ect to Lconsultations with the appropriate public a/encies5 various private sectors5 and local /overn!ent units. 'he President cannot do so unilaterall".B (+imentel . Aguirre, 69 '4E()),
G*.'(.EGGG/ A777 the li&ite! an! (est(icti"e natu(e of t#e ta@ e@e&ption p(i"ile*es un!e( t#e Local /o"e(n&ent Co!e is consistent wit# t#e State polic) to ensu(e autono&) of local *o"e(n&ents and the ob3ective of the Local Govern!ent Code to /rant /enuine and !eanin/ful autono!" to enable local /overn!ent units to attain their fullest develop!ent as selfE reliant co!!unities and !a.e the! effective partners in the attain!ent of national /oals. 'he obvious intention of the law is to broaden the ta7 base of local /overn!ent units to assure the! of substantial sources of revenue.B (+&I791CA . :I76, 69 'F4G*H, GH.'G.EGG4/ A ith the added burden of devolution5 it is even !ore i!perative for *o"e(n&ent entities to s#a(e in t#e (eMui(e&ents of !e"elop&ent5 fiscal or otherwise5 b" pa"in/ ta7es or other char/es due fro! the!.B (0A+3C39 . Cabanatuan City, 69 'F(''G, GF.G(.EGG4/ A 777 in ta7in/ /overn!entEowned or controlled corporations5 the State ulti&atel) suffe(s no loss.B (+hilippine +orts Authority . Iloilo City, 69 'G(*(', G*.'F.EGG4/ A'he i!portant le/al effect of Section 8 9of Article S of the ()*+ Constitution: is that henceforth5 in I sweat, I bleed, I soar Service, Sacrifice, Excellence
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Ci"il Se("ice Co&&ission ". Depa(t&ent of Bu!*et an! Mana*e&ent 9G, (8*+)(5 C+.11.1CC8: KNo Report- No Release7 polic' violates fiscal autonom'& A Ano report5 no releaseB polic" !a" not be validl" enforced a/ainst offices vested with fiscal autono!". Such polic" cannot be enforced a/ainst offices possessin/ fiscal autono!" such as Constitutional Co!!issions and local /overn!ents. 'he auto!atic release provision found in the Constitution !eans that these local /overn!ents cannot be re<uired to perfor! an" act to receive the A3ust shareB accruin/ to the! fro! the national coffers. Pi&entel ". A*ui((e 9G, (21)**5 C+.().1CCC: E$ecutive ithhol!in# of <HL of the Internal Revenue Allotment ithout compl'in# ith re2uirements set forth in Section =>9 .6C violate! local autonom' an! fiscal autonom' of local #overnmentsC Withhol!in# amounte! to e$ecutive control A4nder e7istin/ law5 local /overn!ent units5 in addition to havin/ ad!inistrative autono!" in the e7ercise of their functions5 en3o" fiscal autono!" as wellB and that Afiscal autono!" !eans that local /overn!ents have the power to create their own sources of revenue in addition to their e<uitable share in the national ta7es released b" the national /overn!ent5 as well as the power to allocate their resources in accordance with their own prioritiesB. Da!ole ". Co&&ission on Au!it 9G, (1828C5 (1.C2.1CC1: D)M cannot impose a limitation imposes none& hen the la
0. Decent(aliFation A necessa() p(e(eMuisite of autono&) is !ecent(aliFation. Decentrali0ation is a decision b" the central /overn!ent authori0in/ its subordinates5 whether /eo/raphicall" or functionall" defined5 to e7ercise authorit" in certain areas. $t involves decisionE!a.in/ b" subnational units. $t is t"picall" a dele/ated power5 wherein a lar/er /overn!ent chooses to dele/ate certain authorit" to !ore local /overn!ents. -ederalis! i!plies so!e !easure of decentrali0ation5 but unitar" s"ste!s !a" also decentrali0e. Decentrali0ation differs intrinsicall" fro! federalis! in that the subEunits that have been authori0ed to act 9b" dele/ation: do not possess an" clai! of ri/ht a/ainst the central /overn!ent. Decentrali0ation co!es in two for!s N deconcentration and devolution. Deconcent(ation is ad!inistrative in natureG it involves the transfer of functions or the dele/ation of authorit" and responsibilit" fro! the national office to the re/ional and local offices. 'his !ode of decentrali0ation is also referred to as ad!inistrative decentrali0ation. De"olution5 on the other hand5 connotes political decentrali0ation5 or the transfer of powers5 responsibilities5 and resources for the perfor!ance of certain functions fro! the central /overn!ent to local /overn!ent units. 'his is a !ore liberal for! of decentrali0ation since there is an actual transfer of powers and responsibilities. $t ai!s to /rant /reater autono!" to local /overn!ent units in co/ni0ance of their ri/ht to selfE/overn!ent5 to !a.e the! selfEreliant5 and to i!prove their ad!inistrative and technical capabilities.B (:isomangcop . Secretary o# +ublic ,orks and &ighways, 69 'F()F), ''.E5.=HH9/ ADecent(aliFation si&pl) &eans t#e !e"olution of national a!&inist(ation' not powe(' to local *o"e(n&ents. Local officials re!ain accountable to the central /overn!ent as the law !a" provide.B (+imentel . Aguirre, 69 '4E()), G*.'(.=HHH/
.% Are autono!" and decentrali0ation the sa!eR A% Dot reall". Autono!" is either !ecentrali1ation of a!ministration or !ecentrali1ation of po er& 'here is !ecentrali1ation of a!ministration when the central /overn!ent dele/ates ad!inistrative powers to political subdivisions in order to broaden the base of /overn!ental power an in the process to !a.e local /overn!ents !ore responsive and accountable and ensure their fullest develop!ent as selfEreliant co!!unities and !a.e the! !ote effective partners in the pursuit of national develop!ent and social pro/ress. At the sa!e ti!e it relieves the central /overn!ent of the burden of !ana/in/ local affairs and enable it to concentrate on national concernsK
DB; Local Bud/et Circular Do. 88 which provides a li!it to allowance that !a" be /iven b" local /overn!ents to 3ud/es is null and void since the ())( Local Govern!ent does not prescribe a li!it. B" virtue of his% her power of supervision5 the President can onl" interfere in the affairs and activities of a local /overn!ent unit if it has acted contrar" to law. Le)nes ". COA 9G, (628)>5 (1.((.1CC2: D)M cannot nullif' a statutor' po er& A Dational Co!pensation Circular b" the Depart!ent of Bud/et and ;ana/e!ent cannot nullif" the authorit" of !unicipalities to /rant allowances to 3ud/es authori0ed in the ())( Local Govern!ent Code. 'he Circular prohibits the pa"!ent of representation and transportation allowances fro! !ore than one source F fro! national and local /overn!ents.
/. SelfHDete(&ination ASelfEdeter!ination refers to the need for a political structure that will respect the autono!ous peoplesY uni<ueness and /rant the! sufficient roo! for selfE e7pression and selfEconstruction. (:isomangcop . Secretary o# +ublic ,orks and &ighways, 69 'F()F), ''.E5.EGGF/ I sweat, I bleed, I soar Service, Sacrifice, Excellence
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UTOPIA
ARIS S. MANGUERA
A% Do. #e does not thereb" dictate the law should be but !erel" ensures that the ordinance is in accordance with law. 9Drilon v. Li!: .% Petitioner challen/es the ri/ht of the President5 throu/h the Secretar" of $nterior to suspend hi! on the /round that the re!oval of the phrase AAs !a" be provided b" lawB fro! unconstitutional provision has stripped the President and le/islature of the power over local /overn!ents. Corollaril"5 he ar/ues that new Constitution has effectivel" repealed e7istin/ laws on the sub3ect. Decide. A% 'he power of /eneral supervision of the President includes the power to investi/ate and re!ove. ;oreover5 Section 2 itself of this Article provides that the Local Govern!ent Code 9LGC: !a" provide for Are!ovalB thus indicatin/ that laws on the sub3ect are not out of the co!pass of the le/islature. Autono!" does not transfor! local /overn!ents into .in/do!s unto the!selves. 9Gan0on v. CA5 ())(: .% ;a" the Secretar" of the local Govern!ent annul the election of officers of a federation of baran/a" officialsR A% Do. Such annul!ent would a!ount to control and therefore in e7cess of e7ecutive supervisor" powers. 9'aule v. Secretar" Santos5 ())(:>82
Decentrali1ation of po er on the other hand5 involves an abdication of political power in favor of local /overn!ent units declared to be autono!ous. $n that case the autono!ous /overn!ent is free to chart its own destin" and shape its future with !ini!u! intervention fro! central /overn!ent authorities. Accordin/ to a constitutional author5 decentrali0ation of power a!ounts to AselfE i!!olation5B since in that event5 the autono!ous /overn!ent beco!es accountable not to the central authorities but to its constituenc". 9Li!bona v. Conte ;i/uelin5 3676 citin/ Bernas5 Brewin/ the Stor! Jver Autono!":>8(
I. P(esi!entLs /ene(al Supe("ision

Section A. 'he President of the Philippines shall e7ercise /eneral supervision over local /overn!ents. Provinces with respect to co!ponent cities and !unicipalities5 and cities and !unicipalities with respect to co!ponent baran/a"s5 shall ensure that the acts of their co!ponent units are within the scope of their prescribed powers and functions.
3. Powe( of /ene(al Supe("ision 'he power of /eneral supervision is the power of a superior officer to see to it that the lower officers perfor! their functions in accordance with law. $t does not include the power to substitute one@s 3ud/!ent for that of a lower officer in !atters where a lower officer has various le/al alternatives to choose fro!.>81 AConsistent with the doctrine that local /overn!ent does not !ean the creation of i!periu! in i!perio or a state within a State5 the Constitution has vested the President of the Philippines the power of /eneral supervision over local /overn!ent units. Such /rant of power includes the powe( of !iscipline o"e( local officials5 .eepin/ the! accountable to the public5 and seein/ to it that their acts are .ept within the bounds of law. Deedless to sa"5 this aweso!e supervisor" power5 however5 !ust be e7ercised 3udiciousl" and with ut!ost circu!spection so as not to trans/ress the avowed constitutional polic" of local autono!".B (Malon=o . Samora, 69 '4**'), G*.E*.((/ A#and in hand with the constitutional restraint on the PresidentYs power over local /overn!ents is the state polic" of ensurin/ local autono!". 777 Pa(a!o@icall)' local *o"e(n&ents a(e still su +ect to (e*ulation' #owe"e( li&ite!' fo( t#e pu(pose of en#ancin* selfH*o"e(n&ent.B (+imentel . Aguirre, 69 '4E()), G*.'(.EGGG/
.% hen Section (*+ of the Local Govern!ent Code authori0es the Secretar" of &ustice to pass 3ud/!ent on the constitutionalit" or le/alit" of ta7 ordinances or revenue !easures5 does he not e7ercise the power of controlR
2. Supe("iso() St(uctu(e in t#e Local /o"e(n&ent S)ste& 'he President has /eneral supervision over all LG4s. But his direct supervisor" contact is with autono!ous re/ions5 provinces5 and independent cities. 'he rest follow in hierarchal order as indicated in Section 6. 4. Local Autono&) an! Le*islati"e Cont(ol A'he Constitution did not5 however5 intend5 for the sa.e of local autono!"5 to !ep(i"e t#e le*islatu(e of all aut#o(it) o"e( &unicipal co(po(ations5 in particular5 concernin/ discipline. 'he chan/e in constitutional lan/ua/e did not e7e!pt local /overn!ents fro! le/islative re/ulation provided re/ulation is consistent with the funda!ental pre!ise of autono!".B (6an=on . CA, 69 (4E5E, G).G5.('/ 'his basic relationship between the national le/islature and the local /overn!ent units has not been enfeebled b" the new provisions in the Constitution stren/thenin/ the polic" of local autono!". ithout !eanin/ to detract fro! that polic"5 we here confir! that Con*(ess (etains cont(ol of t#e local *o"e(n&ent units alt#ou*# in si*nificantl) (e!uce! !e*(ee now than under our previous Constitutions. 'he power to create still includes the power to destro". 'he power to /rant still includes the power to withhold or recall. 777 B" and lar/e5 however5 the national le/islature is still the principal of the local /overn!ent units5 which cannot def" its will or !odif" or violate it.B
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,ernas Primer at 414 (2##+ ed.* ,ernas Primer at 412 (2##+ ed.*
,ernas Primer at 41$ (2##+ ed.*
(>>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 69 '''G(*, D. Decla(ation of Polic) 9Section 1:
(Magta?as G*.EG.(F/
+ryce +roperties,
III. Local /o"e(n&ent Co!e Principal 6ui!elines 6iven to Con#ress Effectivit' of .6C Scope of Application Declaration of Polic' Rules of Interpretation
Section G. 'he Con/ress shall enact a local /overn!ent code which shall provide for a !ore responsive and accountable local /overn!ent structure instituted throu/h a s"ste! of decentrali0ation with effective !echanis!s of recall5 initiative5 and referendu!5 allocate a!on/ the different local /overn!ent units their powers5 responsibilities5 and resources5 and provide for the <ualifications5 election5 appoint!ent and re!oval5 ter!5 salaries5 powers and functions and duties of local officials5 and all other !atters relatin/ to the or/ani0ation and operation of the local units.
1.
1.
2.
'he territorial and political subdivisions of the State shall en3o" /enuine and !eanin/ful local autono!" to enable the! to attain their fullest develop!ent as selfEreliant co!!unities and !a.e the! !ore effective partners in the attain!ent of national /oalsG Ensure accountabilit" of local /overn!ent units throu/h the institution of effective !echanis!s of recall5 initiative and referendu!G and ,e<uire all national a/encies and offices to conduct periodic consultations with appropriate local /overn!ent units5 nonE/overn!ental and people@s or/ani0ations5 and other concerned sectors of the co!!unit" before an" pro3ect or pro/ra! is i!ple!ented in their respective 3urisdictions.
A. P(incipal /ui!elines /i"en to Con*(ess 'he principal /uidelines /iven to Con/ress for structurin/ LG4s are= 1. 'hat the structure !ust be Aresponsive and accountableB and Ainstituted thou/h a s"ste! of decentrali0ation.B 2. 'he structure !ust be both sensitive to the needs of the localit"5 accountable to the electorate of the localit"5 and freed as !uch as possible fro! central /overn!ent interference.>86
.% 'he ()+2 Constitution contained a provision which said that ADo chan/e in the e7istin/ for! of /overn!ent shall ta.e effect until ratified b" a !a3orit" of the votes cast in a plebiscite called for the purpose.B h" was this not retainedR A% 'he provision was considered too li!itive of the power of Con/ress.>88
E. Rules of Inte(p(etation An" provision on a power of local /overn!ent unit shall be liberall" interpreted in its favor5 and in case of doubt5 an" <uestion thereon shall be resolved in favor of devolution of powers and of the local /overn!ent unit. 1. An" ta7 ordinance or revenue !easure shall be construed strictl" a/ainst the local /overn!ent unit enactin/ it and liberall" in favor of the ta7pa"er. An" ta7 e7e!ption5 incentive or relief /ranted b" an" local /overn!ent unit shall be construed strictl" a/ainst the person clai!in/ it. 2. 'he /eneral welfare provisions shall be liberall" interpreted to /ive !ore powers to local /overn!ent units in acceleratin/ econo!ic develop!ent and up/radin/ the <ualit" of life for the people in the co!!unit". 6. ,i/hts and obli/ations e7istin/ on the date of effectivit" of this Code and arisin/ out of contracts or an" other source of prestation involvin/ a local /overn!ent unit shall be /overned b" the ori/inal ter!s and conditions of said contracts or the law in force at the ti!e such ri/hts were vested. %. $n the resolution of controversies arisin/ under this Code where no le/al provision or 3urisprudence applies5 resort !a" be had to the custo!s and traditions in the place where the controversies ta.e place.>8> (See page H*HBH(* o# ;acks Compendium(EGGH// IV. /ene(al Powe(s an! Att(i utes of L/$s Po ers in 6eneral 6overnmental Po ers Corporate Po ers
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B. Effecti"it) of L/C 4anua() 3' 3662' unless otherwise provided herein5 after its co!plete publication in at least one newspaper of /eneral circulation 9,A +(>C5 Section 82>: C. Scope of L/CLs Application 'he Code shall appl" to all provinces5 cities5 !unicipalities5 baran/a"s and other political subdivisions as !a" be created b" law5 and 5 to the e7tent herein provided5 to officials5 offices or a/encies of the Dational Govern!ent 9,A +(>C5 Section 82>:
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,ernas Commentar-, p 1#21 (2##& ed*. ,ernas Primer at 41/ (2##+ ed.*
Antonio :achura, ;utline on Political "aw, %+1 (2##+*
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA (. here statute prescribes the !anner of e7ercise5 the procedure !ust be followedG here the statute is silent5 local /overn!ent units have discretion to select reasonable !eans and !ethods of e7ercise.>8+
Section B. Each local /overn!ent unit shall have the power to create its own sources of revenues and to lev" ta7es5 fees and char/es sub3ect to such /uidelines and li!itations as the Con/ress !a" provide5 consistent with the basic polic" of local autono!". Such ta7es5 fees5 and char/es shall accrue e7clusivel" to the local /overn!ents. Section :. Local /overn!ent units shall have a 3ust share5 as deter!ined b" law5 in the national ta7es which shall be auto!aticall" released to the!. Section 8. Local /overn!ents shall be entitled to an e<uitable share in the proceeds of the utili0ation and develop!ent of the national wealth within their respective areas5 in the !anner provided b" law5 includin/ sharin/ the sa!e with the inhabitants b" wa" of direct benefits.
2.
A. Powe(s in /ene(al 3. Sou(ces (. Article $$5 Section 18= A'he Sate shall ensure the autono!" of local /overn!ents.B 1. Article S5 Sections 85>5 O +. 2. Statutes 9e./.5 ,A +(>C: 6. Charter 9particularl" of cities: 2. Classification
B. /o"e(n&ental Powe(s (. General elfare 9,A +(>C5 Section (>: 1. Basic Services and -acilities 9,A +(>C5 Q(+: 2. Power to Generate and Appl" ,esources 9,A +(>C Q(*G Article S5 QQ8E+: 6. E!inent Do!ain 9,A +(>C5 Q (): 8. ,eclassification of Lands 9,A +(>C5 Q 1C: >. Closure and Jpenin/ of ,oads 9,A +(>C5 Q 1(: +. Local Le/islative Power 9,A +(>C5 QQ 6*E8): *. Authorit" over Police 4nits 9See Article SV$5 Section >G PDP Act: 3. /ene(al Welfa(e ,A +(>C5 Section (>= Ever" local /overn!ent unit shall e7ercise the powers e7pressl" /ranted5 those necessaril" i!plied therefro!5 as well as powers necessar"5 appropriate5 or incidental for its efficient and effective /overnance5 and those which are essential to the pro!otion of /eneral welfare. ithin their respective territorial 3urisdiction5 local /overn!ent units shall ensure and support5 a!on/ other thin/s5 the preservation and enrich!ent of culture5 pro!ote health and safet"5 enhance the ri/ht of the people to a balanced ecolo/"5 encoura/e and support the develop!ent of appropriate and selfEreliant scientific and technolo/ical capabilities5 i!prove public !orals5 enhance econo!ic prosperit" and social 3ustice5 pro!ote full e!plo"!ent a!on/ its residents5 !aintain peace and order5 and preserve the co!fort and convenience of their inhabitants. Police powe(. 'he /eneral welfare clause is the statutor" /rant of police power to local /overn!ent units. A'he *ene(al welfa(e clause #as two (anc#es. 9(: /ene(al le*islati"e powe(5 authori0es the !unicipal council to enact ordinances and !a.e re/ulations not repu/nant to law5 as !a" be necessar" to carr" into effect and dischar/e the powers and duties conferred upon the !unicipal council b" law. 91: Police powe( p(ope(5 authori0es the !unicipalit" to enact ordinances as !a" be necessar" and proper for the health and safet"5 prosperit"5 !orals5 peace5 /ood order5 co!fort5 and convenience of the !unicipalit" and its inhabitants5 and for the protection of their propert".B (9ural 8ank o# Makati . Makati, 69 '5G*H4, G*.GE.EGGF/
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2. &. 4.
E7press5 i!plied5 inherent 9powers necessar" and proper for /overnance5 e./.5 to pro!ote health and safet"5 enhance prosperit"5 i!prove !orals of inhabitants: Public or /overn!entalG Private or proprietar" $ntra!ural5 e7tra!ural ;andator"5 discretionar". director"G ;inisterial5
/o"e(n&ental Powe(s (. General elfare 1. Basic Services and -acilities 2. Power to Generate and Appl" ,esources 6. E!inent Do!ain 8. ,eclassification of Lands >. Closure and Jpenin/ of ,oads +. Local Le/islative Power *. Authorit" over Police 4nits
Co(po(ate Powe(s (. 'o have continuous succession in its corporate na!e. 1. 'o sue and be sued 2. 'o have and use a corporate seal 6. 'o ac<uire and conve" real or personal propert" 8. Power to enter into contracts >. 'o e7ercise such other powers as are /ranted to corporations5 sub3ect to the li!itations provided in the Code and other laws.
G. E@ecution of Powe(s
Antonio :achura, ;utline on Political "aw, %+2 (2##+*
(>*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
Princesa fro! ())2E())* as well as the San//unian/ Panlalawi/an ,esolution Aprohibitin/ that catchin/5 /atherin/5 possessin/5 bu"in/5 sellin/ and ship!ent of live !arine coral dwellin/ of a<uatic or/anis!s for a period of 8 "ears5 co!in/ fro! Palawan waters.B 2. $t was held that the power of !unicipal corporations is broad and has been said to be co!!ensurate with but to e7ceed the dut" to provide for the real needs of the people in their health5 safet"5 co!fort and convenience5 and consistentl" as !a" be with private ri/hts. Jrdinance is not unconstitutional !erel" because it incidentall" benefits a li!ited nu!ber of persons. 'he support for the poor has lon/ been an accepted e7ercise of the police power in the pro!otion of the co!!on /ood. 9Bina" v. Do!in/o5 1C( SC,A 8C*:
AAs with the State5 the local /overn!ent !a" be considered as havin/ properl" e7ercised its police power onl" if the followin/ re<uisites are !et= 9(: the interests of the public /enerall"5 as distin/uished fro! those of a particular class5 re<uire the interference of the State5 and 91: the !eans e!plo"ed are reasonabl" necessar" for the attain!ent of the ob3ect sou/ht to be acco!plished and not undul" oppressive upon individuals. Jtherwise stated5 t#e(e &ust e a concu((ence of a lawful su +ect an! lawful &et#o!.B (7ucena 6rand Central . ;AC, 69 'F)44( GE.E4.EGG5/ Li&itations on t#e e@e(cise of powe(s un!e( t#is clause% 1. E7ercisable onl" within territorial li!its of the local /overn!ent unit5 e7cept for protection of water suppl". 2. E<ual protection clause. 9'he interests of the public in /eneral5 as distin/uished fro! those of a particular class5 re<uire the e7ercise of the power. &. Due process clause. 9'he !eans e!plo"ed are reasonabl" necessar" for the acco!plish!ent of the purpose and not undul" oppressive on individuals: 4. ;ust not be contrar" to the Constitution and the laws. Prohibited activities !a" not be le/ali0ed in the /uise of re/ulationG activities allowed b" law cannot be prohibited5 onl" re/ulated. Ma*ta+as ". P()ce P(ope(ties% 'o be valid 5 an ordinance=
a. ;ust not contravene the Constitution and an" statuteG b. ;ust not be unfair or oppressiveG c. ;ust not be partial or discri!inator"G d. ;ust not prohibit5 but a" re/ulate tradeG e. ;ust not be unreasonable andG f. ;ust be /eneral in application and consistent with public polic".
4.
I&position of Annual -ee. $t was held that where police power is used to discoura/e nonE useful occupations or enterprises5 an annual per!it% license fee of P(CC.CC althou/h a bit e7orbitant5 is valid. 9Ph"sical 'herap" Jr/ani0ation of the Philippines v. ;unicipal Board of ;anila: 8. 'he ordinance re<uirin/ owners of co!!ercial ce!eteries to reserve >U of their burial lots for burial /rounds of paupers was held invalidG it was not an e7ercise of the police power5 but of e!inent do!ain. 9QC v. Ericta5 (11 SC,A +8): >. 'he ;anila Jrdinance prohibitin/ barber shops fro! conductin/ !assa/e business in another roo! was held valid5 as it was passed for the protection of public !orals. 9Velasco v. Ville/as5 (1C SC,A 8>*:
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Oonin* O(!inance. A 0onin/ ordinance reclassif"in/ residential into co!!ercial or li/ht industrial area is a valid e7ercise of the police power. 9Jrti/as v. -eati Ban.5 )6 SC,A 822: *. 'he act of the ;unicipal ;a"or in openin/ &upiter and Jrbit Streets of Bel Air Subdivision5 to the public was dee!ed a valid e7ercise of police power. 9San/alan/ v. $AC5 (+> SC,A +(): In"ali! O(!inances
1.
Cases%
Vali! E@e(cise of Police Powe(
L/$ &a) not (e*ulate su sc(i e( (ate. A local /overn!ent unit !a" not re/ulate the subscribe rates char/ed b" CA'V operators within its territorial 3urisdiction. 'he re/ulation and supervision of the CA'V industr" shall re!ain vested Asolel"B in the D'C. Considerin/ that the CA'V industr" is so technical a field5 D'C5 a speciali0ed a/enc"5 is in a better position than the local /overn!ent units to re/ulate it. 'his does not !ean5 however5 that the LG4 cannot prescribe re/ulations over CA'V operators in the e7ercise of the /eneral welfare clause. 9Batan/as CA'V v. CA5 1CC6:
1.
Closu(e of Ban9. A local /overn!ent unit !a"5 in the e7ercise of police power under the /eneral welfare clause5 order the closure of a ban. for failure to secure the appropriate !a"or@s per!it and business licenses. 9,ural Ban. of ;a.ati v. ;unicipalit" of ;a.ati5 1CC6:
2.
2.
Ban on S#ip&ent. 'he SC upheld5 as le/iti!ate e7ercise of the police power5 the validit" of the Puerto Princesa Jrdinance Abannin/ the ship!ent of all live fish and lobster outside Puerto
O(!inance cont(a() to statute #el! in"ali!. 'he ordinance prohibitin/ the issuance of a business per!it to5 and cancellin/ an" business per!it of an" establish!ent allowin/ its pre!ises to be used as a casino5 and the ordinance prohibitin/ the operation of a casino5 were declared invalid for bein/ contrar" to PD (*>) 9Charter of PAGCJ,:which has the character and force of a statute. 9;a/ta3as:
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*(ante!.
W#e(e powe( to *(ant f(anc#ise not hat Con/ress dele/ated to the Cit" of
(>)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
their arrest. 'he operators co!e to "ou for le/al advice5 as.in/ the followin/ <uestions= 9(: $s the council e!powered to issue subpoenas to co!pel their attendanceR 91: Does the council have the power to cite for conte!ptR Su**este! Answe(% 9(: 'he cit" council is not e!powered to issue subpoenas to co!pel the attendance of the operators of the funEhouses $n the Er!ita district. 'here is no provision in the Constitution5 the Local Govern!ent Code5 or an" law e7pressl" /rantin/ local le/islative bodies the power to subpoena witnesses. As held in De/ros Jriental $$ Electric Cooperative5 $nc. vs. San//unian/ Panlun/sod of Du!a/uete5 (88 SC,A 61(5 such power cannot be i!plied fro! the /rant of dele/ated le/islated power. Such power is &udicial. 'o allow local le/islative bodies to e7ercise such power without e7press statutor" basis would violate the doctrine of separation of powers. 91: 'he cit" council does not have the power to cite for conte!pt. 'here is li.ewise no provision in the Constitution5 the Local Govern!ent Code5 or an" other laws /rantin/ local le/islative bodies the power to cite for conte!pt. Such power cannot be dee!ed i!plied in the dele/ation of le/islative power to local le/islative bodies5 for the e7istence of such power poses a potential dero/ation of individual ri/hts.
;anila in ,A 6C) 9,evised Charter of ;anila: with respect to wa/ers and bettin/ was the power Ato license5 per!it or re/ulate5B not the power to franchise. 'his !eans that the license or per!it issued b" the Cit" of ;anila to operate wa/er or bettin/ activit"5 such as 3aiElai5 would not a!ount to so!ethin/ !eanin/ful unless the holder of the license or per!it was also franchised b" the Dational Govern!ent to operate. 'herefore5 ;anila Jrdinance Do. +C>85 which purported to /rant ADC a frachise to conduct 3aiEalai operations5 is void and ultra ires 9Li! v. Pac<uin/: ,A +(>C e7pressl" authori0es the ;a"or to issue per!its and licenses for the holdin/ of activities for an" charitable or welfare purposeG thus5 the ;a"or cannot fei/n total lac. of authorit" to act on re<uests for such per!its. 9Jlivares v. Sandi/anba"an 5 ())8: But its is the La/una La.e Develop!ent Authorit" 9LLDA:5 not the !unicipal /overn!ent5 which has the e7clusive 3urisdiction to issue per!its for the en3o"!ent of fisher" privile/es in La/una de Ba"5 b" virtue of ,A 6*8C5 PD *(2 and EJ )1+5 because althou/h ,A +(>C vests in !unicipalities the authorit" to /rant fisher" privile/es in !unicipal waters5 ,A +(>C did not repeal the charter of LLDA5 and the latter is an e7ercise of the police power. 9LLDA v. CA: 6. 'he ordinance of Ba"a!ban/5 Pan/asinan5 appointin/ Lacuesta !ana/er of fisheries for 18 "ears5 renewable for another 18 "ears5 was held invalid5 ultra vires5 as it effectivel" a!ends a /eneral law.9'errado5 v. CA5 (2( SC,A 2+2: 8. An ordinance i!posin/ PC.2C police inspection fee per sac. of cassava flour produced and shipped out of the !unicipalit" was held invalid. $t is not a license fee but a ta75 un3ust and unreasonable5 since the onl" service of the !unicipalit" is for the police!an to verif" fro! the drivers of truc.s of petitioner the nu!ber of sac.s actuall" loaded. 9;atalin Coconut v. ;unicipal Council of ;alaban/5 (62 SC,A 6C6: >. 'he power to issue per!its to operate coc.pits is vested in the ;a"or5 in line with the polic" of local autono!". 9Philippine Ga!efowl Co!!ission v. $AC:
2. Basic Se("ices an! -acilities ,A +(>C5 Section (+= Local /overn!ent units shall endeavor to be selfEreliant and shall continue e7ercisin/ the powers and dischar/in/ the duties and functions currentl" vested upon the!. 'he" shall also dischar/e the functions and responsibilities of national a/encies and offices devolved to the! pursuant to this Code 9within > !onths after the effectivit" of this Code: 'he" shall li.ewise e7ercise such other powers and dischar/e such other functions as are necessar"5 appropriate5 or incidental to efficient and effective provision of the basic services and facilities enu!erated herein.
Dote that public wor.s and infrastructure pro3ects and other facilities5 pro/ra!s and services funded b" the national /overn!ent under the General Appropriations Act and other laws5 are not covered under this section5 e7cept where the local /overn!ent unit is dul" desi/nated as the i!ple!entin/ a/enc" for such pro3ects5 facilities5 >8* pro/ra!s and services. De"olution. Devolution refers to the act b" which the national /overn!ent confers power and authorit" upon the various local /overn!ent units to perfor! specific functions and responsibilities. 'his includes the transfer to the local /overn!ent units of the records5 e<uip!ent and other assets and personnel of national a/encies and offices. ,e/ional offices of national a/encies shall be phased out within one "ear for! the approval of this Code. Career re/ional directors who cannot be absorbed b" the local /overn!ent unit shall be retained b" the national /overn!ent5 without di!inution in ran.5 salar" or tenure.>8)
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'he Bocaue5 Bulacan ordinance prohibitin/ the operation of ni/htEclubs5 was declared invalid5 because of his prohibitor"5 not !erel" re/ulator"5 character. 9Dela Cru0 v. Paras5 (12 SC,A 8>): *. $t was held that the ordinance penali0in/ persons char/in/ full pa"!ent for ad!ission of children 9a/es +E(1: in !oviehouses was an invalid e7ercise of police power for bein/ unreasonable and oppressive on business of petitioners. 9Balacuit v. C-$: 366G Ba( .uestion .% ;a"or Alfredo Li! closed the funhouses in the Er!ita district suspected of bein/ fronts for prostitution. 'o deter!ine the feasibilit" of puttin/ up a le/ali0ed red li/ht district5 the cit" council conducted an in<uir" and invited operators of the closed funhouses to /et their views. Do one honored the invitation. 'he cit" council issued subpoenas to co!pel the attendance of the operators but which were co!pletel" disre/arded. 'he council declared the operators /uilt" of conte!pt and issued warrants for
G. Powe( to /ene(ate an! Appl) Resou(ces

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Antonio :achura, ;utline on Political "aw, %++ (2##+* Antonio :achura, ;utline on Political "aw, %+/ (2##+*
(+C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 2. $ts share in the proceeds of the utili0ation of national resources within their respective areasG 4. Jther Asources of revenuesB which the" !a" le/iti!atel" !a.e use of either in their public or /overn!ental capacit"5 or private or proprietar" capacit".>>C
.% hat is the scope of their power to lev" ta7es5 fees5 and char/esR A% 'he" are sub3ect to such /uidelines and li!itations as Con/ress !a" provide. #owever5 such /uidelines and li!itations to be i!posed b" Con/ress !ust not be such as to frustrate the Abasic polic" of local autono!".B>>( .% hat is the share of the national /overn!ent in such ta7es5 fees and char/esR A% Done.>>1 .% $n what wa" can local /overn!ents share in the fruits of the utili0ation of local natural resourcesR A% Local /overn!ents can either have shares fro! revenues accruin/ throu/h fees and char/es or the" can receive direct benefits such as lower rates5 e./.5 for consu!ption of electricit" /enerated within their localit".>>2 -un!a&ental P(inciple /o"e(nin* t#e E@e(cise of t#e Ta@in* an! ot#e( Re"enueHRaisin* Powe(s of L/$s 9,A +(>C5 Section (2C: (. 'a7ation shall be unifor! in each LG4G 1. 'a7es5 fees5 char/es and other i!positions shall be e<uitable and based as far as practicable on the ta7pa"er@s abilit" to pa"G levied and collected onl" for public purposesG not un3ust5 e7cessive5 oppressive or confiscator"G and not contrar" to law5 public polic"5 national econo!ic polic"5 or in restraint of tradeG
RA 83:J' Section 37= Local /overn!ent units shall have the power and authorit" to establish an or/ani0ation that shall be responsible for the efficient and effective i!ple!entation of their develop!ent plans5 pro/ra! ob3ectives and prioritiesG to create their own sources of revenue and to lev" ta7es5 fees and char/es which shall accrue e7clusivel" to their use and disposition and which shall be retained b" the!G to have a 3ust share in the national ta7es which shall be auto!aticall" and directl" released to the! without need of further actionG to have an e<uitable share in the proceeds fro! the utili0ation and develop!ent of the national wealth and resources within their respective territorial 3urisdictions includin/ develop5 lease5 encu!ber5 alienate or otherwise dispose of real or personal propert" held b" the! in their proprietar" capacit" and to appl" their resources and assets for productive5 develop!ental or welfare purposes5 in the e7ercise of furtherance of their /overn!ental or proprietar" powers and functions and thereb" ensure their develop!ent into selfEreliant co!!unities and active participants in the attain!ent of national /oals. Section 37 of RA 83:J (estates an! i&ple&ents Sections B':'8 of A(ticle I. But
this power is alwa"s sub3ect to the li!itations which the Con/ress !a" provide b" law. 9Basco v. PAGCJ,5 ()+ SC,A 81: 'hus5 it was held that the local /overn!ent units have no power to ta7 instru!entalities of the Dational Govern!ent5 such as PAGCJ,. A'he powe( to ta@ is pri!aril" vested in the Con/ressG however5 in our 3urisdictions5 it !a" be e7ercised b" local le/islative bodies5 no lon*e( &e(el) ) "i(tue of a "ali! !ele*ation as efo(e' ut pu(suant to !i(ect aut#o(it) confe((e! ) Section B' A(ticle I of t#e Constitution. 4nder the latter the e7ercise of the power !a" be sub3ect to such /uidelines and li!itations as the Con/ress !a" provide which5 however5 !ust be consistent with the basic polic" of local autono!". 777 'hese polic" considerations are consistent with the State polic" to ensure autono!" to local /overn!ents and the ob3ective of the LGC that the" en3o" /enuine and !eanin/ful local autono!" to enable the! to attain their fullest develop!ent as selfEreliant co!!unities and !a.e the! effective partners in the attain!ent of national /oals. 'he power to ta7 is the !ost effective instru!ent to raise needed revenues to finance and support !"riad activities of local /overn!ent units for the deliver" of basic services essential to the pro!otion of the /eneral welfare and the enhance!ent of peace5 pro/ress5 and prosperit" of the people.B (Mactan Cebu International Airport . Marcos, 69 ''GG)E, G(.''.(H/
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'he collection of local ta7es5 fees and char/es and other i!positions shall in no case be let to an" private personG 6. 'he revenue collected shall inure solel" to the benefit of5 and be sub3ect to disposition b" the local /overn!ent unit5 unless specificall" provided hereinG and 8. Each LG4 shall as far as practicable evolve a pro/ressive s"ste! of ta7ation. Cases%
1.
'he e7ercise b" local /overn!ents of the power to ta7 is ordained b" the present ConstitutionG onl" /uidelines and li!itations that !a" be established b" Con/ress can define and li!it such power of local /overn!ents. 9Philippine Petroleu! Corporation v. ;unicipalit" of Pililia5 ,i0al5 ()* SC,A *1:
2.
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.% hat are the fund sources of /overn!entsR A% 'he" are= (. Local ta7es5 fees and char/esG 1. $ts share in the national ta7esG
local
Con/ress has the power of control over local /overn!entsG if Con/ress can /rant a !unicipal corporation the power to ta7 certain ,ernas Primer at 42& (2##+ ed.* ,ernas Primer at 42& (2##+ ed.* ++2 ,ernas Primer at 42& (2##+ ed.* ++& ,ernas Primer at 42& (2##+ ed.*
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
Co!!ittee fro! ti!e to ti!e5 as sanctioned b" the assailed provisos in the GAAs of ()))5 1CCC and 1CC( and the JCD resolutions5 !a.es the release not auto!atic and a fla/rant violation of the constitutional and statutor" !andate that the L3ust shareL of the LG4s Lshall be auto!aticall" released to the!.L>>8 ;oreover5 neither Con/ress nor the E7ecutive !a" i!pose conditions on the release. As the Constitution la"s upon the e7ecutive the dut" to auto!aticall" release the 3ust share of local /overn!ents in the national ta7es5 so it en3oins the le/islature not to pass laws that !i/ht prevent the e7ecutive fro! perfor!in/ this dut". 'o hold that the e7ecutive branch !a" disre/ard constitutional provisions which define its duties5 provided it has the bac.in/ of statute5 is virtuall" to !a.e the Constitution a!endable b" statute F a proposition which is patentl" absurd. ;oreover5 if it were the intent of the fra!ers to allow the enact!ent of statutes !a.in/ the release of $,A conditional instead of auto!atic5 then Article S5 Section > of the Constitution would have been worded to sa" Ashall be Hauto!aticall"I released to the! as provided b" law.B>>> -un!a&ental P(inciple /o"e(nin* t#e -inancial Affai(s' T(ansactions an! Ope(ations of L/$s 9,A +(>C5 Section 2C8: (. Do !one" shall be paid out of the local treasur" e7cept in pursuance of an appropriation ordinance of lawG 1. Local /overn!ent funds and !onies shall be spent solel" for public purposesG
!atters5 it can also provide for e7e!ptions or even ta.e bac. the power. 777 'he power of local /overn!ents to i!pose ta7es and fees is alwa"s sub3ect to li!itations which Con/ress !a" provide b" law.777 Local /overn!ents have no power to ta7 instru!entalities of the Dational Govern!ent and is therefore e7e!pt fro! local ta7es. 9Basco v. PAGCJ,5 ()+ SC,A 81:
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LG4s have the power to create their own sources of revenue5 lev" ta7es5 etc.5 but sub3ect to such /uidelines set b" Con/ress. 9Estanislao v. costales5 ()> SC,A *82: 6. Section (*+5 ,A +(>C which authori0es the Secretar" of &ustice to review the constitutionalit" of le/alit" of a ta7 ordinanceNand if warranted5 to revo.e it on either or both /roundsNis valid5 and does not confer the power of control over local /overn!ent units in the Secretar" of &ustice5 as even if the latter can set aside a ta7 ordinance5 he cannot substitute his own 3ud/!ent for that of the local /overn!ent unit. 9Drilon v. Li!5 ())6:
%.
'he Cit" of Cebu as a LG45 the power to collect real propert" ta7es fro! the ;actan Cebu $nternational Airport Auhtorit" 9;C$AA v. ;arcos5 ())>: 'here is no <uestion that under ,A >)8*5 ;C$AA is e7e!pt for! the pa"!ent of realt" ta7es i!posed b" the Dational Govern!ent or an" of its political subdivisionsG nevertheless5 since ta7ation is the rule5 the e7e!ption !a" be withdrawn at the pleasure of the ta7in/ authorit". 'he onl" e7ception to this rule is where the e7e!ption was /ranted to private parties based on !aterial consideration of a !utual nature5 which then beco!es contractual and is thus covered b" the nonEi!pair!ent clause of the Constitution.
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+. hile indeed local /overn!ents are authori0ed to i!pose business ta7es5 the" can do so onl" if the entit" bein/ sub3ected to business ta7 is a business. 9'hus5 for ;a.ati to i!pose a business ta7 on a condo!iniu!5 the cit" !ust prove that the condo!iniu! is en/a/ed in business.:>>6
A(ticle I' Section :% ;Local /overn!ent units shall have a 3ust share5 as deter!ined b" law5 in the national ta7es which shall be auto!aticall" released to the!.B
S#a(e in National Ta@es. Section > !andates that 9(: the LG4s shall have a L3ust shareL in the national ta7esG 91: the L3ust shareL shall be deter!ined b" lawG and 92: the L3ust shareL shall be auto!aticall" released to the LG4s. 'hus5 where the local /overn!ent share has been deter!ined b" the General Appropration Act5 its relese !a" not be !ade sub3ect to te condition that Lsuch a!ount shall be released to the local /overn!ent units sub3ect to the i!ple!entin/ rules and re/ulations5 includin/ such !echanis!s and /uidelines for the e<uitable allocations and distribution of said fund a!on/ local /overn!ent units sub3ect to the /uidelines that !a" be prescribed b" the Jversi/ht Co!!ittee on Devolution.L 'o sub3ect its distribution and release to the va/aries of the i!ple!entin/ rules and re/ulations5 includin/ the /uidelines and !echanis!s unilaterall" prescribed b" the Jversi/ht
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Local revenue is /enerated onl" fro! sources e7pressl" authori0ed b" law or ordinance5 and collection thereof shall at all ti!es be ac.nowled/ed properl". All !onies officiall" received b" a local /overn!ent officer in an" capacit" or on an" occasion shall be accounted for as local funds5 unless otherwise provided b" lawG 'rust funds in the local treasur" shall not be paid out e7cept in fulfill!ent of the purpose for which the trust was created or the funds receivedG Ever" officer of the local /overn!ent unit whose duties per!it or re<uire the possession or custod" of local funds shall be properl" bonded5 and such officer shall be accountable and responsible for said funds and for the safe.eepin/ thereof in confor!it" with the provisions of lawG Local /overn!ents shall for!ulate sound financial plans5 and the local bud/ets shall be based on functions5 activities5 and pro3ects in ter!s of e7pected resultsG Local bud/et plans and /oals shall5 as far as practicable5 be har!oni0ed with national develop!ent plans5 /oals and strate/ies in order to opti!i0e the utili0ation of resources and to avoid duplication in the use of fiscal and ph"sical resources.
?amane v. 6A Lepanto Condominium! @.=. :o. 1%4$$&, ;ctober 2%, 2##%.
6atan%as v. E ecutive Secretary, @.=. :o. 1%2//4. 4a- 2/, 2##4 +++ Alternative Center v. @amora! @.=. :o. 1442%+, 1une 2, 2##%.
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
ALocal *o"e(n&ent units #a"e no in#e(ent powe( of e&inent !o&ain and can e7ercise it onl" when e7pressl" authori0ed b" the le/islature. B" virtue of ,A +(>C5 Con/ress conferred upon local /overn!ent units the power to e7propriate. 777 'here are two le/al provisions which li!it the e7ercise of this power= 9(: no person shall be deprived of life5 libert"5 or propert" without due process of law5 nor shall an" person be denied the e<ual protection of the lawsG and 91: private propert" shall not be ta.en for public use without 3ust co!pensation. 'hus5 the e7ercise b" local /overn!ent units of the power of e!inent do!ain is not absolute. $n fact5 Section () of ,A +(>C itself e7plicitl" states that such e7ercise !ust co!pl" with the provisions of the Constitution and pertinent laws.B (7agcao . 7abra, 69 '55*FH, 'G.'4. EGGF/ AStrictl" spea.in/5 the power of e!inent do!ain dele/ated to an LG4 is in realit" not e!inent but <infe(io(< !o&ain5 since it !ust confor! to the li!its i!posed b" the dele/ation5 and thus parta.es onl" of a share in e!inent do!ain. $ndeed5 Lthe national le/islature is still the principal of the local /overn!ent units5 which cannot def" its will or !odif" or violate it.B (+arana%ue . <M 9ealty Corp., 69 'E*)EG, G*.EG.()/ A$t is true that local /overn!ent units have no inherent power of e!inent do!ain and can e7ercise it onl" when e7pressl" authori0ed b" the le/islature. $t is also true that in dele/atin/ the power to e7propriate5 the le/islature !a" retain certain control or i!pose certain restraints on the e7ercise thereof b" the local /overn!ents. hile such dele/ated power !a" be a li!ited authorit"5 it is co!plete within its li!its. ;oreover5 the li!itations on the e7ercise of the dele/ated power !ust be clearl" e7pressed5 either in the law conferrin/ the power or in other le/islations. Statutes confe((in* t#e powe( of e&inent !o&ain to political su !i"isions cannot e (oa!ene! o( const(icte! ) i&plication.B (+ro ince o# Camarines Sur . CA, EEE SC9A '*4/
). (C.
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Local bud/ets shall operationali0e approved local develop!ent plansG LG4s shall ensure that their respective bud/ets incorporate the re<uire!ents of their co!ponent units and provide for e<uitable allocation of resources a!on/ these co!ponent unitsG Dational plannin/ shall be based on local plannin/ to ensure that the needs and aspirations of the people is articulated b" the LG4s in their respective local develop!ent plans are considered in the for!ulation of bud/ets of national line a/encies or officesG -iscal responsibilit" shall be shared b" all those e7ercisin/ authorit" over the financial affairs5 transactions5 and operations of the LG4sG and 'he LG4 shall endeavor to have a balanced bud/et in each fiscal "ear of operation.
3663 Ba( .uestion .%'he province of Palawan passes an ordinance re<uirin/ all owners%operators of fishin/ vessels that fish in waters surroundin/ the province to invest ten percent 9(CU: of their net profits fro! operations therein in an" enterprise located in Palawan. DA,CJ -ishin/ Corp.5 a -ilipino corporation with head office in Davotas5 ;etro ;anila5 challen/es the ordinance as unconstitutional. Decide the case. Su**este! Answe(% 'he ordinance is invalid. 'he ordinance was apparentl" enacted pursuant to Article S5 Sec. + of the Constitution5 which entitles local /overn!ents to an e<uitable share in the proceeds of the utili0ation and develop!ent of the national wealth within their respective areas. #owever5 this should be !ade pursuant to law. A law is needed to i!ple!ent this provision and a local /overn!ent cannot constitute itself unto a law. $n the absence of a law the ordinance in <uestion is invalid. A. E&inent Do&ain ,A +(>C5 Section ()= A Local Govern!ent 4nit !a"5 throu/h its chief e7ecutive and actin/ pursuant to an o(!inance5 e7ercise power of e!inent do!ain for public use5 or purpose5 or welfare for the benefit of the poor and the landless5 upon pa"!ent of 3ust co!pensation5 pursuant to the provisions of the Constitution and pertinent laws= Provided5 however5 'hat the power of e!inent do!ain !a" not be e7ercised unless a valid and definite offer has been previousl" !ade to the owner and such offer was not accepted= Provided5 further5 'hat the LG4 !a" i!!ediatel" ta.e possession of the propert" upon the filin/ of e7propriation proceedin/s and upon !a.in/ a deposit with the proper court of at least (8U of the fair !ar.et value of the propert" based on the current ta7 declaration of the propert" to be e7propriated= Provided5 finall"5 'hat the a!ount to be paid for the e7propriated propert" shall be deter!ined b" the proper court5 based on the fair !ar.et value at the ti!e of the ta.in/ of the propert". I sweat, I bleed, I soar Service, Sacrifice, Excellence
Li&itations on t#e E@e(cise of t#e Powe( of E&inent Do&ain ) Local /o"e(n&ent $nits% (. E7ercised onl" b" the local chief e7ecutive5 actin/ pursuant to a valid ordinanceG 1. -or public use or purpose or welfare5 for the benefit of the poor and the landlessG 2. Jnl" after a valid and definite offer had been !ade to5 and not accepted b"5 the owner.
$t was held that the San//unian/ Panlalawi/an cannot validl" disapprove the resolution of the !unicipalit" e7propriatin/ a parcel of land for the establish!ent of a /overn!ent center. 'he power of e!inent do!ain is e7plicitl" /ranted to the !unicipalit" under the Local Govern!ent Code. 2JJB Ba( .uestion .% 'he San//unian/ Ba"an of the ;unicipalit" of Santa5 $locos Sur passed ,esolution Do. ( authori0in/ its ;a"or to initiate a petition for the e7propriation of a lot owned b" Christina as site for its !unicipal sports center. 'his was
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA te!poraril" close or open an" local road5 alle"5 par. or s<uare fallin/ within its 3urisdiction5 provided that in case of per!anent closure5 such ordinance !ust be approved b" at least 1%2 of all the !e!bers of the san//unian5 and when necessar"5 an ade<uate substitute for the public facilit" shall be provided. A!!itional li&itations in case of pe(&anent closu(e% (. Ade<uate provision for the !aintenance of public safet" !ust be !adeG 1. 'he propert" !a" be used or conve"ed for an" purpose for which other real propert" !a" be lawfull" used or conve"ed5 but no freedo! par. shall be closed per!anentl" without provision for its transfer or relocation to a new site. Dote= 'e!porar" closure !a" be !ade durin/ an actual e!er/enc"5 fiesta celebrations5 public rallies5 etc.
Cases% (. A !unicipalit" has the authorit" to prepare and adopt a land use !ap5 pro!ul/ate a 0onin/ ordinance5 and close an" !unicipal road. 9Pilapil v. CA5 1(> SC,A 22: 'he closure of 6 streets in Baclaran5 Parana<ue was held invalid for nonEco!pliance with ;;A Jrdinance Do. 1. -urther5 provincial roads and cit" streets are propert" for public use under Article 6165 Civil Code5 hence under the absolute control of Con/ress. 'he" are outside the co!!erce of !an5 and cannot be disposed of to private persons. 9Dote= 'his case was decided under the ae/is of the old Local Govern!ent Code: 9;acasiano v. Dio.no5 1(1 SC,A 6>6: Jne whose propert" is not located on the closed section of the street ordered closed b" the Provincial Board of Catanduanes has no ri/ht to co!pensation for the closure if he still has reasonable access to the /eneral s"ste! of streets. 9Cabrera v. CA5 ()8 SC,A 2(6: 'he power to vacate is discretionar" on the San//unian.777 when properties are no lon/er intended for public use5 the sa!e !a" be used or conve"ed for an" lawful purpose5 and !a" even beco!e patri!onial and thus be the sub3ect of co!!on contract. 9Cebu J7"/en O Acet"lene Co. v. Berciles5 >> SC,A 6*(: 'he Cit" Council has the authorit" to deter!ine whether or not a certain street is still necessar" for public use. 9-avis v. Cit" of Ba/uio5 1) SC,A 68>: 'he Cit" ;a"or of ;anila cannot b" hi!self5 withdraw Padre ,ada as a public !ar.et. 'he establish!ent and !aintenance of public !ar.ets is a!on/ the le/islative powers of the Cit" of ;anilaG hence5 the need for 3oint action b" the San//unian and the ;a"or.
approved b" the ;a"or. #owever5 the San//unian/ Panlalawi/an of $locos Sur disapproved the ,esolution as there !i/ht still be other available lots in Santa for a sports center. Donetheless5 the ;unicipalit" of Santa5 throu/h its ;a"or5 filed a co!plaint for e!inent do!ain. Christina opposed this on the followin/ /rounds= 9a: the ;unicipalit" of Santa has no power to e7propriateG 9b: ,esolution Do. ( has been voided since the San//unian/ Panlalawi/an disapproved it for bein/ arbitrar"G and 9c: the ;unicipalit" of Santa has other and better lots for that purpose. ,esolve the case with reasons. Su**este! Answe(= 4nder Section () of ,.A. Do. +(>C5 the power of e!inent do!ain is e7plicitl" /ranted to the !unicipalit"5 but !ust be e7ercised throu/h an ordinance rather than throu/h a resolution. 9;unicipalit" ofParana<ue v. V.;. ,ealt" Corp.5 G.,. Do. (1+*1C5 &ul" 1C5 ())*: 'he San//unian/ Panlalawi/an of $locos Sur was without the authorit" to disapprove ,esolution Do. ( as the !unicipalit" clearl" has the power to e7ercise the ri/ht of e!inent do!ain and its San//unian/ Ba"an the capacit" to pro!ul/ate said resolution. 'he onl" /round upon which a provincial board !a" declare an" !unicipal resolution5 ordinance or order invalid is when such resolution5 ordinance or order is be"ond the powers conferred upon the council or president !a.in/ the sa!e. Such is not the situation in this case. 9;oda" v. Court of Appeals5 G.,. Do. (C+)(>5 -ebruar" 1C5 ())+: 'he <uestion of whether there is /enuine necessit" for the e7propriation of ChristinaYs lot or whether the !unicipalit" has other and better lots for the purpose is a !atter that will have to be resolved b" the Court upon presentation of evidence b" the parties to the case.
2.
B. Reclassification of Lan!s A cit" or !unicipalit" !a"5 throu/h an ordinance passed after conductin/ public hearin/s for the purpose5 authori0e the reclassification of a/ricultural lands and provide for the !anner of their utili0ation or disposition= (. hen the land ceases to be econo!icall" feasible and sound for a/ricultural purposes as deter!ined b" the Depart!ent of A/riculture5 or 1. here the land shall have substantiall" /reater econo!ic value for residential5 co!!ercial or industrial purposes5 as deter!ined b" the san//unianG Provided that such reclassification shall be li!ited to the followin/ percenta/e of the total a/ricultural land area at the ti!e of the passa/e of the ordinance= i. -or hi/hl" urbani0ed cities and independent co!ponent cities= (8U ii. -or co!ponent cities and (st to 2rd class !unicipalities= (CU iii. -or 6th to >th !unicipalities= 8U. Provided that a/ricultural land distributed to land refor! beneficiaries shall not be affected b" such reclassification. :. Closu(e an! Openin* of Roa!s ,A +(>C5 Section 1(. A local /overn!ent unit !a"5 pursuant to an ordinance5 per!anentl" or
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8. Local Le*islati"e Powe( 9E7ercised b" the local san//unian:
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
the interests of their respective constituents but also help in the !a.in/ of decisions b" votin/ upon ever" <uestion put upon the bod". 'he acts of onl" a part of the San//unian done outside the para!eters of the le/al provisions afore!entioned are le/all" infir!5 hi/hl" <uestionable and are5 !ore i!portantl"5 null and void. And all such acts cannot be /iven bindin/ force and effect for the" are considered unofficial acts done durin/ an unauthori0ed session.B (Samora . Caballero, 69 'F**H*,
a. P(o!ucts of le*islati"e action% 1. Or!inanceE prescribes a per!anent rule of conduct. 2. ResolutionE of te!porar" character5 or e7presses senti!ent. . ReMuisites fo( "ali!it) (. ;ust not contravene the Constitution and an" statuteG 1. ;ust not be unfair or oppressiveG 2. ;ust not be partial or discri!inator"G 6. ;ust not prohibit but !a" re/ulate tradeG 8. ;ust not be unreasonableG >. ;ust be /eneral in application and consistent with public polic". c. App(o"al of O(!inances Jrdinances passed b" the san//unian/ panlalawi/an5 san//unian/ panlun/sod5 or san//unian/ ba"an shall be approved= (. $f the local chief e7ecutive approves the sa!e5 affi7in/ his si/nature on each an ever" pa/e thereof. 2. $f the local chief e7ecutive vetoes the sa!e5 and the veto is overridden b" 1%2 vote of all the !e!bers of the san//unian. 'he local chief e7ecutive !a" veto the ordinance5 onl" once5 on the /round that the ordinance is ultra ires, or that it is pre3udicial to the public welfare. #e !a" veto an" particular ite! or ite!s of an appropriation ordinance5 an ordinance or resolution adoptin/ a develop!ent plan and public invest!ent pro/ra!5 or an ordinance directin/ the pa"!ent of !one" or creatin/ liabilit". $n such a case5 the veto shall not affect the ite!s or ite!s which are not ob3ected to. 'he veto shall be co!!unicated b" the local chief e7ecutive to the san//unian within (8 da"s in case of a province5 or (C da"s in case of a cit" or !unicipalit"G otherwise5 the ordinance shall be dee!ed approved as if he si/ned it.
$n :elos 9eyes . Sandiganbayan, '((*, where petitioner was char/ed with falsification of a public docu!ent for approvin/ a resolution which purportedl" appropriate !one" to pa" for the ter!inal leave of 1 e!plo"ees when actuall" no such resolution was passed5 the petitioner ar/ued that his si/nature on the resolution was !erel" !inisterial. 'he SC disa/reed5 sa"in/ that the /rant of the veto power accords the ;a"or the discretion whether or not to disapprove the resolution.
G'.'F.EGGF/ HDote= Jrdinances enacted b" the san//unian/ baran/a" shall5 upon approval b" a !a3orit" of all its !e!bers5 be si/ned b" the punon/ baran/a". 'he latter has no veto power.I !. Re"iew ) San**unian* Panlalawi*an Procedure= ithin 2 da"s after approval5 the secretar" of the san/unian/ panlu/sod 9in co!ponent cities: or san//uninan/ ba"an shall forward to the san//unian/ pan/lalawi/an for review copies of approved ordinances and resolutions approvin/ the local develop!ent plans and public invest!ent pro/ra!s for!ulated b" the local develop!ent councils. 'he sann/unian/ panlalawi/an shall review the sa!e within 2C da"sG if it finds that the ordinance or resolution is be"ond the power conferred upon the san//unian/ panlus/sod or sa//unian/ ba"an concerned5 it shall declare such ordinance or resolution invalid in whole or in part. $f no action is ta.en within 2C da"s5 the ordinance or resolution is presu!ed consisted with law5 valid. e. Re"iew of Ba(an*a) O(!inances ithin (C da"s fro! enact!ent5 the san//unian/ baran/a" shall furnish copies of all baran/a" ordinances to the san//unian/ panlun/sod or san//unian/ ba"an for review. $f the reviewin/ san//unian finds the baran/a" ordinances inconsistent with law or cit" or !unicipal ordinances5 the san//unian concerned shall5 within 2C da"s for! receipt thereof5 return the sa!e with its co!!entsand reco!!endations to the san//unian/ baran/a" for ad3ust!ent5 a!end!ent or !odification5 in which case the effectivit" of the ordinance is suspended until the revision called for is effected. $f no action is ta.en b" the san//unian/ panlun/sod or san//unian/ ba"an within 2C da"s5 the ordinance is dee!ed approved. f. Enfo(ce&ent of !isapp(o"e! o(!inances1 (esolutions An" atte!pt to enforce an ordinance or resolution approvin/ the local develop!ent plan and public invest!ent pro/ra!5 after the
AA san**unian is a colle*ial o!). Le/islation5

which is the principal function and dut" of the san//unian5 re<uires the participation of all its !e!bers so that the" !a" not onl" represent
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 2. 'he ())( Local Govern!ent Code provides that local le/islative power shall be e7ercised b" the san//unian. 'he le/islative acts of the san//unian in the e7ercise of its law!a.in/ authorit" are deno!inated ordinances. -or an ordinance to be valid5 it !ust not onl" be within the corporate powers of the local /overn!ent concerned to enact but !ust also be passed accordin/ to the procedure prescribed b" law. (7agcao . 7abra, 69 '55*FH, 3ctober '4, EGGF/ 6. A proviso in an ordinance directin/ that the real propert" ta7 be based on the actual a!ount reflected in the deed of conve"ance or the prevailin/ B$, 0onal value is invalid not onl" because it !andates an e7clusive rule in deter!inin/ the fair !ar.et value but !ore so because it departs fro! the established procedures stated in the Local Assess!ent ,e/ulations Do. (E)1 and undul" interferes with the duties statutoril" placed upon the local assessor b" co!pletel" dispensin/ with his anal"sis and discretion which the Code and the re/ulations re<uire to be e7ercised. -urther5 the charter does not /ive the local /overn!ent that authorit". An ordinance that contravenes an" statute is ultra ires and void. (Allied 8anking Corporation . Jue=on City, 69 '5F'EH, 'G.''.EGG5/ 3666 Ba( .uestion .% &ohnn" was e!plo"ed as a driver b" the ;unicipalit" of Calu!pit5 Bulacan. hile drivin/ rec.lessl" a !unicipal du!p truc. with its load of sand for the repair of !unicipal streets5&ohnn" hit a 3eepne". 'wo passen/ers of the 3eepne" were .illed. 'he San//unian/ Ba"an passed an ordinance appropriatin/ P2CC5CCC as co!pensation for the heirs of the victi!s. (: $s the !unicipalit" liable for the ne/li/ence of &ohnn"R 1: $s the !unicipal ordinance validR Su**este! Answe(= 1: 'he ordinance appropriatin/ P2CC5CCC.CC for the heirs of the victi!s of &ohnn" is void. 'his a!ounts to appropriatin/ public funds for a private purpose. 4nder Section 228 of the Local Govern!ent Code5 no public !one" shall be appropriated for private purposes. Alte(nati"e Answe(% 4pon the fore/oin/ considerations5 the !unicipal ordinance is null and void for bein/ ultra vires. 'he !unicipalit" not bein/ liable to pa" co!pensation to the heirs of the victi!s5 the ordinance is utterl" devoid of le/al basis. $t would in fact constitute an ille/al use or e7penditure of public funds which is a cri!inal offense. hat is !ore5 the ordinance does not !eet one of the re<uisites for validit" of !unicipal
disapproval thereof5 shall be sufficient /round for the suspension or dis!issal of the official or e!plo"ee concerned. *. Effecti"it). 4nless otherwise stated in the ordinance or resolution5 the sa!e shall ta.e effect after (C da"s fro! the date a cop" thereof is posted in a bulletin board at the entrance of the provincial capitol5 or cit"5 !unicipal or baran/a" hall5 and in at least two other conspicuous places in the local /overn!ent unit concerned. i. 'he /ist of all ordinances with penal sanction shall be published in a newspaper of /eneral circulation within the province where the local le/islative bod" concerned belon/s. $n the absence of a newspaper of /eneral circulation within the province5 postin/ of such ordinances shall be !ade in all !unicipalities and cities of the province where the san//unian of ori/in is situated. ii. $n the case of hi/hl" urbani0ed and independent co!ponent cities5 the !ain features of the ordinance or resolution dul" enacted shall5 in additions to bein/ posted5 be published once in a local newspaper of /eneral circulation within the cit"G of there is no such newspaper within the cit"5 then publication shall be !ade in an" newspaper of /eneral circulation. #. Scope of Local Law Ma9in* Aut#o(it) (. San//unians e7ercise onl" dele/ated le/islative powers conferred on the! b" Con/ress. As !ere a/ents5 local /overn!ents are vested with the power of subordinate le/islation. (Magta?as . +ryce, 69 '''G(*, G*.EG.(F/ 1. $t is a funda!ental principle that !unicipal ordinances are inferior in status and subordinate to the laws of the State. An ordinance in conflict with a state law of /eneral character and statewide application is universall" held to be invalid. 'he principle is fre<uentl" e7pressed in the declaration that !unicipal authorities5 under a /eneral /rant of power5 cannot adopt ordinances which infrin/e upon the spirit of a state law or repu/nant to the /eneral polic" of the state. $n ever" power to pass ordinances /iven to a !unicipalit"5 there is an i!plied restriction that the ordinances shall be consistent with the /eneral law. (8atangas CA!< . Court o# Appeals, 69 '4))'G, G(.EG.EGGF/
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA LG4s !a" continue usin/5 !odif" or chan/e their corporate sealG an" chan/e shall be re/istered with the D$LG.>>+ A. To acMui(e an! con"e) (eal o( pe(sonal p(ope(t) a. 'he LG4 !a" ac<uire tan/ible or intan/ible propert"5 in an" !anner allowed b" law5 e./.5 sale5 donation5 etc. b. 'he local /overn!ent unit !a" alienate onl" patri!onial propert"5 upon proper authorit". c. $n the absence of proof that the propert" was ac<uired throu/h corporate or private funds5 the presu!ption is that it ca!e fro! the State upon the creation of !unicipalit" and thus5 is /overn!ental or public propert". 9Salas v. &arencio5 6* SC,A +26: d. 'own pla0as are properties of public do!inionG the" !a" be occupied te!poraril"5 but onl" for the duration of an e!er/enc" 9Espiritu v. Pan/asinan5 (C1 Phil *>>: e. A public pla0a is be"ond the co!!erce of !an5 and cannot be the sub3ect of the lease or other contractual underta.in/. And5 even assu!in/ the e7istence of a valid lease of the public pla0a or part thereof5 the !unicipal resolution effectivel" ter!inated the a/ree!ent5 for it is settled that the police power cannot be surrendered or bar/ained awa" throu/h the !ediu! of a contract. 9Villanueva v. Castaneda5 (86 SC,A (61: f. Public streets or thorou/hfares are propert" for public use5 outside the co!!erce of !an5 and !a" not be the sub3ect of lease or other contracts. 9Dacana" v. Asistio5 1C* SC,A 6C6: g. Procure!ent of supplies is !ade throu/h co!petitive public biddin/ HPD 81>I5 e7cept when the a!ount is !ini!al 9as prescribed in PD 81>: where a personal canvass of at least three responsible !erchants in the localit" !a" be !ade b" the Co!!ittee on Awards5 or in case of e!er/enc" purchases allowed under PD 81>.>>* B. Powe( to Ente( into Cont(acts ReMuisites of "ali! &unicipal cont(act% 1. 'he local /overn!ent units has the e7press5 i!plied or inherent power to enter into the particular contract. 1. 'he contract is entered in to b" the proper depart!ent5 board5 co!!ittee5 officer or a/ent. 4nless otherwise provided b" the Code5 no contract !a" be entered into b" the local chief e7ecutive on behalf of the local /overn!ent unit without prior
++/
ordinances5 ie.5 that it !ust be in consonance with certain wellEestablished and basic principles of a substantive nature5 to wit= Hit does not contravene the Constitution or the law5 it is not unfair or oppressive. $t is not partial or discri!inator". $t is consistent with public polic"5 and it is not unreasonable.I 7. Aut#o(it) O"e( Police $nits As !a" be provided b" law. 9See Section >5 Article SV$G PDP Act: C. Co(po(ate Powe(s Local /overn!ent units shall en3o" full autono!" in the e7ercise of their proprietar" functions and in the !ana/e!ent of their econo!ic enterprises5 sub3ect to li!itations provided in the Code and other applicable laws. 'he corporate powers of local /overn!ent units are= +. 'o have continuous succession in its corporate na!e. *. 'o sue and be sued ). 'o have and use a corporate seal (C. 'o ac<uire and conve" real or personal propert" ((. Power to enter into contracts (1. 'o e7ercise such other powers as are /ranted to corporations5 sub3ect to the li!itations provided in the Code and other laws. 3. To #a"e continuous succession in its co(po(ate na&e 2. To sue an! e sue! 'he rule is that suit is co!!enced b" the local e7ecutive5 upon the authorit" of the San//unian5 e7cept when the Cit" Councilors the!selves and as representatives of or on behalf of the Cit"5 brin/ action to prevent unlawful disburse!ent of Cit" funds. 9Cit" Council of Cebu v. Cuison5 6+ SC,A 218:
But the !unicipalit" cannot be represented b" a private attorne". Jnl" the Provincial -iscal or the ;unicipal Attorne" can represent a province or !unicipalit" in lawsuits. 'his is !andator". 'he !unicipalit"@s authorit" to e!plo" a private law"er is li!ited to situations where the Provincial -iscal is dis<ualified to represent it5 and the fact of dis<ualification !ust appear on record. 'he -iscal@s refusal to represent the !unicipalit" is not le/al 3ustification for e!plo"in/ the services of private counselG the !unicipalit" should re<uest the Secretar" of &ustice to appoint an Actin/ Provincial -iscal in place of the one declined to handle the case in court. 9;unicipalit" of Pililia ,i0al v. CA5 122 SC,A 6*6:
G. To #a"e an! use a co(po(ate seal
Antonio :achura, ;utline on Political "aw, %/+ (2##+* Antonio :achura, ;utline on Political "aw, %/+ (2##+*
++2
(++
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA secure financial /rants or donations in .ind5 in support of the basic services and facilities enu!erated in Section (+5 fro! local and forei/n assistance a/encies without necessit" of securin/ clearance or approval for! and depart!ent a/enc"5 or office of the national /overn!ent or fro! an" hi/her local /overn!ent unitG Provided5 that pro3ects financed b" such /rants or assistance with national securit" i!plications shall be approved b" the national a/enc" concerned. :. To e@e(cise suc# ot#e( powe(s as a(e *(ante! to co(po(ations su +ect to t#e li&itations p(o"i!e! in t#e Co!e an! ot#e( laws.
2.
6.
authori0ation b" the san//unian concerned. 'he contract !ust co!pl" with certain substantive re<uire!ents5 i.e.5 when e7penditure of public fund is to be !ade5 there !ust be an actual appropriation and a certificate of availabilit" of funds. 'he contract !ust co!pl" with the for!al re<uire!ents of written contracts5 e./. the Statute of -rauds.
$lt(a Vi(es Cont(acts. hen a contract is entered into without the co!pliance with the (st and 2rd re<uisites 9above:5 the sa!e is ultra ires and is null and void. Such contract cannot be ratified or validated. ,atification of defective !unicipal contracts is possible onl" when there is nonE co!pliance with the second and%or the fourth re<uire!ents above. ,atification !a" either be e7press or i!plied.
$n Jue=on City . 7e2ber, EGG', it was held that PD (668 does not provide that the absence of appropriation ordinance ipso fact !a.es a contract entered into b" a local /overn!ent unit null and void. Public funds !a" be disbursed not onl" pursuant to an appropriation law5 but also in pursuance of other specific statutor" authorit". 9$n this case5 BP 22+5 the law which was then in force5 e!powered the ;a"or to represent the cit" in its business transactions and si/n all warrants drawn on the cit" treasur" and all bonds5 contracts and obli/ations of the cit". hile the ;a"or has power to appropriate funds to support the contracts5 neither does BP 22+ prohibit hi! fro! enterin/ into contracts unless and until funds are appropriated therefor. B" enterin/ into the two contracts5 ;a"or Si!on did not usurp the cit" council@s power to provide for the proper disposal of /arba/e and to appropriate funds therefor. 'he e7ecution of contracts to address such a need is his statutor" dut"5 3ust as it is the cit" council@s dut" to provide for such service. 'here is no provision in the law that prohibits the cit" !a"or for! enterin/ into contracts for the public welfare unless and until there is a prior authorit" for! the cit" council.:
V. Municipal Lia ilit) R$LE% LG4s and their officials are not e7e!pt fro! liabilit" for death or in3ur" to persons or da!a/e to propert" 9,A +(>C5 Section 16: A. Specific P(o"isions of Law Ma9in* L/$s Lia le
1.
A(ticle 2376' Ci"il Co!e% 'he Local Govern!ent 4nit is liable in da!a/es or in3uries suffered b" reason of the defective condition of roads5 streets5 brid/es5 public buildin/s and other public wor.s.
Cit' of Manila v& ,eotico, EE SC9A EH*: 'he Cit" of ;anila was held liable for da!a/es when a person fell into an open !anhole in the streets of the cit". *imene1 v& Cit' of Manila, '5G SC9A 5'G: Despite a !ana/e!ent and operatin/ contract with Asiatic $nte/rated Corporation over the Sta. Ana Public ;ar.et5 the Cit" of ;anila 9because of ;a"or Ba/atsin/@s ad!ission that the Cit" still has control and supervision: is solidaril" liable for in3uries sustained b" an individual who stepped on a rusted nail while the !ar.et was flooded. 6uilatco v& Cit' of Da#upan, '*' SC9A 4)E: Liabilit" of the Cit" for in3uries due to defective roads attaches even if the road does not belon/ to the local /overn!ent unit5 as lon/ as the Cit" e7ercises control or supervision over said road.
Ot#e( Cases%
1.
A contract of lease /rantin/ fishin/ privile/es is a valid and bindin/ contract and cannot be i!paired b" a subse<uent resolution settin/ it aside and /ratin/ the privile/e to another. 94nless the subse<uent resolution is a police !easure5 because the e7ercise of police power prevails over the nonEi!pair!ent clause.: 9;anantan v. La 4nion5 *1 Phil *66: A !unicipal 0onin/ ordinance5 as a police !easure5 prevails over the nonEi!pair!ent clause. 9Jrti/as v. -eati Ban.5 )6 SC,A 822: Breach of contractual obli/ations b" the Cit" of ;anila renders the Cit" liable in da!a/es. 'he principle of respondeat superior applies.
2.
2. &.
A(ticle 237J D:t# pa(.E Ci"il Co!e% 'he State is responsible when it acts throu/h a special a/ent. &. A(ticle GA' Ci"il Co!e% 'he local /overn!ent unit is subsidiaril" liable for da!a/es suffered b" a person b" reason of the failure or refusal of a !e!ber of the police force to render aid and protection in case of dan/er to life and propert". B. Lia ilit) fo( To(t Despite the clear lan/ua/e of Section 165 ,A +(>C5 that local /overn!ent units and their officials are not e7e!pt for! liabilit" for death or in3ur" to
Aut#o(it) to ne*otiate an! secu(e *(ants. 9,A +(>C5 Section 12: the local chief e7ecutive !a"5 upon authorit" of the san//unian5 ne/otiate and I sweat, I bleed, I soar Service, Sacrifice, Excellence
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FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
persons or da!a/e to propert"5 it is still unclear whether liabilit" will accrue when the local /overn!ent unit is en/a/ed in /overn!ental functions. Supre!e Court decisions5 interpretin/ le/al provisions e7istin/ prior to the effectivit" of the Local Govern!ent Code5 have co!e up with the followin/ rules on !unicipal liabilit" for tort= (. $f the LG4 is en/a/ed in /overn!ental functions5 it is not liableG 1. $f en/a/ed in proprietar" functionsG LG4 is liable. 3. If t#e L/$ is en*a*e! in *o"e(n&ental functions' it is not lia le.
ii.
iii.
i.
ii.
iii.
'he prosecution of cri!es is a /overn!ental function5 and thus5 the local /overn!ent unit !a" not be held liable therefor. 9Palafo7 v. Province of $locos Dorte5 (C1 Phil ((*>: $n Municipality o# San -ernando . -irme, '(5 SC9A H(E, the !unicipalit" was not held liable for torts co!!itted b" a re/ular e!plo"ee5 even if the du!p truc. used belon/ to the !unicipalit"5 inas!uch as the e!plo"ee was dischar/in/ /overn!ental 9public wor.s: functions. Deliver" of sand and /ravel for the construction of !unicipal brid/e in the e7ercise of the /overn!ental capacit" of local /overn!ents. 'he !unicipalit" is not liable for in3uries that arise in the perfor!ance of /overn!ental functions. (7a Lnion . -irme,'(5 SC9A H(E/
iv.
v.
Note% -or liabilit" to arise under Article 1(*) of the Civil Code5 ownership of the roads5 streets5 brid/es5 public buildin/s and other public wor.s is not a controllin/ factor5 it bein/ sufficient that a province5 cit" or !unicipalit" has control or supervision thereof. Jn the other hand5 a !unicipalit"@s liabilit" under Section (6) of the ()*2 Local Govern!ent Code for in3uries caused b" its failure to re/ulate the drillin/ and e7cavation of the /round for the la"in/ of /as5 water5 sewer5 and other pipes5 attaches re/ardless of whether the drillin/ or e7cavation is !ade on a national or !unicipal road5 for as lon/ as the sa!e is within its territorial 3urisdiction. (Municipality o# San ;uan . CA, 69 'E'(EG, G).G(.EGG5/ 2. If en*a*e! in p(op(ieta() functions' L/$ is lia le
#oldin/ of town fiesta is a proprietar" function. 'he ;unicipalit" of ;alasi/ue5 Pan/asinan was held liable for the death of a !e!ber of the 0ar0uela /roup when the sta/e collapsed5 under the principle o# respondeat superior. HDote= 'he ;unicipal Council !ana/ed the town fiesta. hile the !unicipalit" was held liable5 the councilors the!selves are not liable for the ne/li/ence of their e!plo"ees or a/ents.I 9'orio v. -ontanilla5 *8 SC,A 8)): 'he operation of a public ce!eter" is a proprietar" function of the Cit" of ;anila. 'he Cit" is liable for the tortuous acts of its e!plo"ees5 under the principle o# respondeat superior. ;aintenance of ce!eteries is in the e7ercise of the proprietar" nature of local /overn!ents. 'he Cit" is liable for breach of a/ree!ent. (City o# Manila . IAC, '*( SC9A FE)/ .ia%ilit' for ille#al !ismissal of an emplo'ee. $t was held that inas!uch as there is no findin/ that !alice or bad faith attended the ille/al dis!issal and refusal to reinstate respondent Gentallan b" her superior officers5 the latter cannot be held personall" accountable for her bac. salaries. 'he !unicipal /overn!ent therefore5 should disburse funds to answer for her clai!s 9bac. salaries and other !onetar" benefits for! the ti!e of her ille/al dis!issal up to her reinstate!ent: resultin/ fro! dis!issal.
$n City o# Cebu . ;udge +iccio, ''G +hil 55), it was held that a !unicipal corporation5 whether or not included in the co!plaint for recover" of bac. salaries due to wron/ful re!oval fro! office5 is liable.
vi.
.ocal officials ma' personall' lia%le.
also
%e
hel!
i.
Jperation of a ferr" service is a proprietar" function. 'he !unicipalit" is ne/li/ent and thus liable for havin/ awarded the franchise to operate ferr" service to another notwithstandin/ the previous /rant of the franchise to the plaintiff. 9;endo0a v. De Leon5 22 Phil 8C*:
City o# Angeles . CA, EH' SC9A (G, where the cit" officials ordered the construction of a dru/ rehabilitation center on the open space donate b" the subdivision owner in violation of PD (1(>5 the cost of the de!olition of the dru/ rehabilitation center should be borne b" the cit officials who ordered the construction ecause t#e) acte! e)on! t#e scope of t#ei( aut#o(it) an! wit# e"i!ent a! fait#. 9#owever5 since the cit" !a"or and the san//unian !e!bers were sued in their official capacit"5 the" cannot be held personall" liable without /ivin/ the! their da" in court.: 9ama . CA, 'F) SC9A F(H, the Provincial /overnor and the !e!bers of the Provincial Board where held liable in da!a/es in their personal capacit" arisin/ for! the ille/al act of dis!issin/ e!plo"ees in bad faith. W#e(e t#e) act &aliciousl) an! wantonl) an!
(+)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
in+u(e in!i"i!uals (at#e( t#an !isc#a(*e a pu lic !ut)' t#e) a(e pe(sonall) lia le. Correa . C-I 8ulacan, (E SC9A 4'E, the ;a"or who5 without 3ust cause5 ille/all" dis!issed an e!plo"ee5 acted with /rave abuse of authorit"5 and he not the ;unicipalit" of Dor0a/ara"5 Bulacan5 is personall" liable. 'his liabilit" attaches even if5 at the ti!e of e7ecution5 he is no lon/er the ;a"or. Salcedo . CA, )' SC9A FG), the ;a"or5 for his persistent defiance of the order of the CSC to reinstate the e!plo"ee5 was held personall" liable for the pa"!ent of bac. salaries. +ilar . Sangguniang 8ayan o# :asol, 'E) SC9A '*4, the ;a"or was held liable for e7e!plar" and corrective da!a/es for vetoin/5 without 3ust cause5 the resolution of the San//unian/ Ba"an appropriatin/ the salar" of petitioner. 0emen=o . Sabillano, E5 SC9A ', ;a"or Sabillano was ad3ud/ed personall" liable for pa"!ent of bac. salaries of a police!an who was ille/all" dis!issed. 'he ;a"or cannot hide behind the !antle of his official capacit" and pass the liabilit" to the ;uncipalit" of which he is ;a"or. San 7uis . CA, '()(, La/una Governor San Luis was held personall" liable for !oral da!a/es for refusin/ to reinstate Berro"a5 <uarr" superintendent5 despite the rulin/ of the CSC as affir!ed b" the Jffice of the President.
&. 4.
C. Lia ilit) fo( Violation of Law
1.
here the ;unicipalit" closed a part of a !unicipal street without inde!nif"in/ the person pre3udiced thereb"5 the ;unicipalit" can be held liable for da!a/es. 9Abella v5 ;unicipalit" of Da/a5 )C Phil 2*8: 2. Lac. of funds does not e7cuse the ;unicipalit" fro! pa"in/ the statutor" !ini!u! wa/e of P(1C a !onth to its e!plo"ees. 'he pa"!ent of the !ini!u! wa/e is a !andator" statutor" obli/ation of the ;unicipalit". 9,acho v. ;unicipalit" of $la/an5 $sabela: 2. 'he ;unicipalit" of Bunawan5 A/usan del Sur5 throu/h the ;a"or was held in conte!pt and fined P(5CCC.CC with a warnin/5 because of the refusal of the ;a"or to abide b" a ',J issued b" the Court. D. Lia ilit) fo( Cont(acts
1.
1.
,ule= A !unicipal corporation5 li.e an ordinar" person5 is liable on a contract it enters into5 provided that the contract is intra ires 9$f the contract is ultra ires5 the !unicipal corporation is not liable.: A private individual who deals with a !unicipal corporation is i!puted constructive .nowled/e of the e7tent of the power or authorit" of the !unicipal corporation to enter into contracts.
Jrdinaril"5 therefore5 the doctrine of estoppel does not lie a/ainst the !unicipal corporation. 'he !octrine of implie! municipal lia%ilit'" A !unicipalit" !a" beco!e obli/ated upon an i!plied contact to pa" the reasonable value of the benefits accepted or appropriated b" it as to which it has the /eneral powe( to cont(act. 9Province of Cebu v. $AC5 (6+ SC,A 66+: 'he doctrine applies to all cases where !one" or other propert" of a part" is received under such circu!stances that the /eneral law5 independent of an e7press contract5 i!plies an obli/ation to do 3ustice with respect to the sa!e. i. $t was held that the Province of Cebu cannot set up the plea that the contract was ultra ires and still retain benefits thereunder.777 havin/ re/arded the contract as valid for purposes of reapin/ benefits5 the Province of Cebu is estopped to <uestion its validit" for the purpose of den"in/ answerabilit". 9Province of Cebu v. $AC5 (6+ SC,A 66+: ii. .% Does +ro ince o# Cebu . IAC, reverse :e 6uia . Auditor 6eneral where the Supre!e Court held that the en/a/e!ent of the services of Att". De Guia b" the ;unicipal Council of ;ondra/on5 Dorthern Sa!ar was ulra vires5 because a !unicipalit" can en/a/e the services of a private law"er onl" if the Provincial -iscal is dis<ualified fro! appearin/ as counsel for the !unicipalit"R A% Apparentl" not5 because in +ro ince o# Cebu . IAC, the Province could not possibl" en/a/e the le/al services of the Provincial -iscal5 the latter havin/ ta.en a position adverse to the interest of the Province for havin/ priorl" rendered an opinion that the donation was valid. iii. Estoppel cannot be applied a/ainst a !unicipal corporation in order to validate a contract which the !unicipal corporation has no power to !a.e or which it is authori0ed to !a.e onl" under prescribed li!itations or in a prescribed !ode or !annerNeven if the !unicipal corporation has accepted benefits therunder. $n San :iego . Municipality o# 0au?an, the SC re3ected the doctrine of estoppels5 because to appl" the principle would enable the !unicipalit" to do indirectl" what it cannot do directl". iv. $n Muncipality o# +ililia 9i=al . CA, where the SC said that the !unicipalit"
(*C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA the Civil Service Co!!issionYs disapproval of the appoint!ent of his% her appointee. 'he CSCYs disapproval of an appoint!ent is a challen/e to the e7ercise of the appointin/ authorit"Ys discretion. 'he appointin/ authorit" !ust have the ri/ht to contest the disapproval. (:agadag . !ongnawa, 69 'H''HHBH*, GE.G4.EGG5/
cannot be represented b" a private attorne". Jnl" the Provincial -iscal or the ;uncipal Attorne" can represent a province of !unicipalit" in lawsuits. 'his is !andator". 'he !unicipalit"@s authorit" to e!plo" a private law"er is li!ited to situations where the Provincial -iscal is dis<ualified to represent it5 and the fact of dis<ualification !ust appear on record. 'he -iscal@s refusal to represent the !unicipalit" is not a le/al 3ustification for e!plo"in/ the services of private counselG the !unicipalit" should re<uest the Secretar" of &ustice to appoint an Actin/ Provincial -iscals in place of the one who declines to handle the case in court. v. But if the suit is filed a/ainst a local official which could result in personal liabilit" of the said public official5 the latter !a" en/a/e the services of private counsel. 9;ancenido v. CA5 1CCC: VI. Local Officials A. Natu(e of Office DA*(a NotesE
%.
'he !unicipal !a"or5 not the !unicipalit" alone !ust be i!pleaded in a petition assailin/ the dis!issal of an e!plo"ee who! he%she appointed even if the !a"or acted in his%her official capacit" when he dis!issed the respondent. $f not i!pleaded5 he%she cannot be co!pelled to abide b" and co!pl" with its decision5 as the sa!e would not be bindin/ on hi!%her. (Ci il Ser ice Commission . Sebastian, 69 'H'*44, 'G.''.EGG5/
+.
A proclai!ed candidate who was later on dis<ualified has no le/al personalit" to institute an action see.in/ to nullif" a decision of the Civil Service Co!!ission concernin/ the dis!issal of !unicipal e!plo"ees since he% she is not a real part" in interest. (Miranda . Carreon, 69 'F45FG, GF.''.EGG4/
1.
A local chief e7ecutive is considered an accountable public officer as defined under the ,evised Penal Code since he% she5 in the dischar/e of his% her office5 receives !one" or propert" of the /overn!ent which he% she is dut" bound to account for. 'hus5 a local chief e7ecutive is /uilt" of !alversation upon findin/ that he% she received public funds and was unable to satisfactoril" account for the sa!e. (!anggote . Sandiganbayan, 69 'G45)F, G(.GE.(F/
/.
'he cit" treasurer is the proper disciplinin/ authorit" in the case of a local revenue officer5 the for!er bein/ the head of a/enc". (6arcia . +a?aro, 69 'F''((, G*.G5.EGGE/
2.
2.
A punon/ baran/a" cannot ter!inate the services of the baran/a" treasurer and secretar" without the concurrence of san//unian/ baran/a" since this is e7plicitl" re<uired under Section 2*) of the ())( Local Govern!ent Code. (Al%ui=ola . 3col, 69 '4EF'4, G).E*.((/ B. P(o"isions Applica le to Electi"e an! Appointi"e Local Officials Prohi%ite! )usiness an! Pecuniar' Interest 9,A +(>C5 Section *):= $t shall be unlawful for an" local /overn!ent official or e!plo"ee5 directl" or indirectl" to= (. En/a/e in an" business transaction with the local /overn!ent unit in which he is an official or e!plo"ee or over which he has the power of supervision5 or with an" of its authori0ed boards5 officials5 a/ents or attorne"s5 whereb" !one" is to be paid5 or propert" or an" other thin/ of value is to be transferred5 directl" or indirectl"5 out of the resources of the local /overn!ent unit to such person or fir!G 1. #old such interests in an" coc.pit or other /a!es licensed b" the local /overn!ent unitG
A local chief e7ecutive is !andated to abide b" Article $ of Section 6669b:97: of ())( Local Govern!ent Code which directs e7ecutive officials and e!plo"ees of the !unicipalit" to faithfull" dischar/e their duties and functions as provided b" law. (<elasco . Sandiganbayan, 69 'HG((', GE.E).EGG5/
&.
'he ()*+ Constitution provides that no elective official shall be eli/ible for appoint!ent or desi/nation in an" capacit" to an" other public office or position durin/ his% her tenure in order that the" !a" serve fullEti!e with dedication. 'hus5 a local chief e7ecutive cannot be appointed as chairperson of the Subic Ba" ;etropolitan Authorit" since such office is not an e2 o##icio post or attached to the office of the local chief e7ecutive. (-lores . :rilon, 69 'GF*4E, GH.EE.(4/
4.
'he !unicipal !a"or5 bein/ the appointin/ authorit"5 is the real part" in interest to challen/e
(*(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA e!plo"!ent in the /overn!ent or an" subdivision5 a/enc" or instru!entalit" thereof5 includin/ GJCCs or their subsidiaries. 9,elate this to Section +5 Article $SEB: E7cept for losin/ candidates in baran/a" election5 no candidate who lost in an" election shall5 within one "ear after such election5 be appointed to an" office in the /overn!ent of GJCC or their subsidiaries. 9,elate this to Section >5 Article $SEB:
2. Purchase an" real estate or other propert" forfeited in favor of the local /overn!ent unit for unpaid ta7es or assess!ent5 or b" virtue of a le/al process at the instance of the local /overn!ent unitG 6. Be a suret" of an" person contractin/ or doin/ business with the local /overn!ent unit for which a suret" is re<uiredG and 8. Possess or use an" public propert" of the local /overn!ent unit for private purposes. >. 'he prohibitions and inhibitions prescribed in ,A >+(2 also appl". P(actice of P(ofession 9Section )C5 ,A +(>C: (. All /overnors5 cit" and !unicipal !a"ors are prohibited for! practicin/ their profession or en/a/in/ in an" occupation other than the e7ercise of their function as local chief e7ecutives. 1. San//unian !e!bers !a" practice their profession5 en/a/e in an" occupation5 or teach in schools e7cept durin/ session hours5 Provided5 that those who are also !e!bers of the Bar shall not 9i: appear as counsel before an" court in an" civil case wherein the local /overn!ent unit or an" office5 a/enc" or instru!entalit" of the /overn!ent is the adverse part"G 9ii: appear as counsel in an" cri!inal case wherein an officer or e!plo"ee of the national or local /overn!ent is accused of an offense co!!itted in relation to his officeG 9iii: collect an" fee for their appearance in ad!inistrative proceedin/s involvin/ the LG4 of which he is an officialG and 9iv: use propert" and personnel of the /overn!ent e7cept when the san//unian !e!ber concerned is defendin/ the interest of the /overn!ent.
$t was held that b" appearin/ as counsel for dis!issed e!plo"ees5 Cit" Councilor &avellana violated the prohibition a/ainst en/a/in/ in private practice if such practice represents interests adverse to the /overn!ent. 9&avellana v. D$LG5 1(1 SC,A 6+8:
1.
C. Electi"e Local Officials Juali#ications :is%uali#ications Manner o# 1lection :ate o# 1lection !erm o# 3##ice 9ules o# Succession Compensation 9ecall 9esignation 6rie ance +rocedure :iscipline Cases on 3##enses (Agra 0otes/ Cases on +rocedure (Agra 0otes/ Complaints +re enti e Suspension +enalty (Agra 0otes/ Administrati e Appeal 12ecution +ending Appeal ;urisdiction o# Sandiganbayan (Agra 0otes/ 1##ect o# 9eBelection 3. .ualifications 9,A +(>C5 Section 2): (. Citi0en of the PhilippinesG 1. ,e/istered Voter in the baran/a"5 !unicipalit"5 cit" or province5 or in the case of a !e!ber of the san//unian/ panlalawi/an5 panlun/sod or ba"an5 the district where he intends to be electedG 2. A resident therein for at least ( "ear i!!ediatel" precedin/ the election@ 6. Able to read and write -ilipino or an" other local lan/ua/e or dialectG 8. Jn the election da"5 !ust be at least 12 "ears of a/e Hfor /overnor5 viceE/overnor5 !e!ber of the san//unian/ panlalawi/an5 !a"or5 vice !a"or5 or !e!ber of the ssan//unian/ panlun/sd of hi/hl" urbani0ed citiesIG 1( "ears of a/e Hfor !a"or or vice !a"or of independent co!ponent cities5 co!ponent cities5 or !unciplaitiesIG (* "ears of a/e Hfor !e!ber of the san//unian/ panlun/sod or sa//unian/ ba"an5 or punon/ baran/a" or !e!ber of the san//unian/ baran/a"I5 or at least (8 but not !ore than 1( "ears of a/e Hcandidates for the san//unian/ .abataanI
i. 'he LGC does not specif" an" particular date when the candidate !ust posses -ilipino citi0enship. Philippine
2.
Doctors of !edicine !a" practice their profession even durin/ official hours of wor. onl" on occasion of e!er/enc"5 provided the" do not derive !onetar" co!pensation therefro!.
$t was held that D$LG ;e!orandu! Circular Do. )CE*( does not discri!inate a/ainst law"ers and doctorsG it applies to all provincial and !unicipal officials. 9&avellana v. D$LG5 1(1 SC,A 6+8:
P(o#i ition A*ainst Appoint&ent 9,A +(>C5 Section )6: (. Do elective or appointive local official shall be eli/ible for appoint!ent or desi/nation in an" capacit" to an" public office or position durin/ his tenure. 4nless otherwise allowed b" law or b" the pri!ar" functions of his office5 no local official shall hold an" other office or I sweat, I bleed, I soar Service, Sacrifice, Excellence
(*1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA reside abroad and continue to avail of the sa!e ri/ht after the effectivit" of the CodeG 'he insane or feebleE!inded.
i. Violation of the AntiE-encin/ Law involves !oral turpitude5 and the onl" le/al effect of probation is to suspend the i!ple!entation of the sentence. 'hus5 the dis<ualification still subsists. 9De la 'orre v. CJ;ELEC5 18* SC,A 6*2: Li.ewise5 violation of BP 11 is a cri!e involvin/ !oral turpitude5 because the accused .nows at the ti!e of the issuance of the chec. that he does not have sufficient funds in 5 or credit with5 the drawee ban. for pa"!ent of the chec. in full upon present!ent. 9Villaber v. CJ;ELEC5 1CC(: Article +2 of the ,ules $!ple!entin/ ,A +(>C5 to the e7tent that it confines the ter! Afu*iti"e f(o& +usticeB to refer onl" to a person Awho has been convicted b" final 3ud/!entB is an inordinate an undue circu!scription of the law. 'he ter! includes not onl" those who flee after conviction to avoid punish!ent5 but li.ewise those who5 after bein/ char/ed5 flee to avoid prosecutionB. $n 9odrigue= . C3M171C, E5( SC9A E(H, it was held that ,odriue0 cannot be considered a Afu/itive fro! 3usticeB5 because his arrival in the Philippines for! the 4S preceded b" at least five !onths the filin/ of the felon" co!plaint in the Los An/eles Court and the issuance of the warrant for his arrest b" the sa!e forei/n court. Section 6C5 ,A +(>C5 cannot appl" retroactivel". 'hus5 an elective local official who was re!oved fro! office as a result of an ad!inistrative case prior to &anuar" (5 ())1 9date of LGC@s effectivit": is not dis<ualified for! runnin/ for elective local office 9Gre/o v. CJ;ELEC $n 9eyes . C3M171C, E5F SC9A 5'F, the SC ruled that the petitioner5 a ;unicipal ;a"or who had been ordered re!oved fro! office b" the San//unian Panlalawi/an5 was dis<ualified5 even as he alle/ed that the decision was not "et final because he had not "et received a cop" of the decision. $t was shown5 however5 that he !erel" refuse to accept deliver" of the cop" of the decision. $n Mercado . Man=ano, 4G* SC9A H4G, the SC clarified the Adual citi0enshipB dis<ualification5 and reconciled the sa!e with Section 85 Article $V of the CJnsitution on Adual alle/ianceB. ,eco/ni0in/ situation in which a -ilipino citi0en !a"5 without perfor!in/ an" act and as an involuntar" conse<uence of the conflictin/ laws of different countries5 be also a citi0en of another State5 the Court e7plained that Adual citi0enshipB5 as a dis<ualification5 !ust refer to citi0ens with Adual alle/ianceB. Conse<uentl"5 persons
citi0enship is re<uired to ensure that no alien shall /overn our people. An official be/ins to /overn onl" upon his procla!ation and on the da" that his ter! be/ins. Since -rivaldo too. his oath of alle/iance the da" that his ter! be/ins. Since -rivaldo too. his oath of alle/iance on &une 2C5 ())85 when his application for repatriation was /ranted b" the Sepcial Co!!ittee on Daturali0ation created under PD *185 he was therefore <ualified to be proclai!ed. Besides5 Section 2C of the LGC spea.s of <ualifications of elective officials5 not of candidates. -urther!ore5 repatriation retroacts to the date of the filin/ of his application on Au/ust (+5 ())6. 9-rivaldo v. CJ;ELEC5 18+ SC,A +1+:
+.
ii.
$n Alta?eros . C3M171C, EGGF, the petitioner too. his oath of alle/iance on Dece!ber (+5 ())+5 but his Certificate of ,epatriation was re/istered with the Civil ,e/istr" of ;a.ati Cit" onl" after > "ears5 or on -ebruar" (*5 1CC65 and with the Bureau of $!!i/ration on ;arch (5 1CC65 thus co!pletin/ the re<uire!ents for repatriation onl" after he filed his certificate of candidac"5 but before the election. Jn the issue of whether he was <ualified to run for ;a"or of San &acinto5 ;asabate5 the Court applied the rulin/ in -ri aldo5 that repatriation retroacts to the date of filin/ of the application for repatriation. Petitioner was5 therefore5 <ualified to run for ;a"or. iii. Petitioner who was over 1( "ears of a/e on the da" of the election was ordered dis<ualified b" the SC when the latter re3ected the contention of the petitioner that she was <ualified because she was less than 11 "ears old. 'he phrase Anot !ore than 1( "ears oldB is not e<uivalent to Aless than 11 "ears old.B 9Garvida v. Sales5 1+( SC,A +>+:
ii.
iii.
2. DisMualifications 9,A +(>C5 Section 6C: 'he followin/ are dis<ualified fro! runnin/ for an" elective local position= (. 'hose sentenced b" final 3ud/!ent for an offense involvin/ !oral turpitude or for an offense punishable b" one "ear or !ore of i!prison!ent5 within two "ears after servin/ sentenceG 1. 'hose re!oved fro! office as a result of an ad!inistrative caseG 2. 'hose convicted b" final 3ud/!ent for violatin/ the oath of alle/iance to the ,epublic. 4. 'hose with dual citi0enship>>)G 8. -u/itives fro! 3ustice in cri!inal or nonE political cases here or abroadG >. Per!anent residents in a forei/n countr" or those who have ac<uired the ri/ht to
++$
iv.
0nterpreted in the case of 4ercado v. 4an)ano, &#/ !C=A +&#*.
(*2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
Voluntar" renunciation of the office for an" len/th of ti!e shall not be considered as an interruption in the continuit" of his service for the full ter! for which he was elected. .% Due to incu!bent !a"or@s death5 the viceE!a"or succeeds to the office of !a"or b" operation of law and serves the re!ainder of the !a"or@s ter!. $s he considered to have served a ter! in that office for the purpose of the threeEter! li!itR A% Do. Section of Article S e!bodies two policies5 vi0.= 9(:to prevent political d"nasties and 91: to enhance the freedo! of choice of the people. T#e te(& li&it of electi"e officials &ust e ta9en to (efe( to t#e (i*#t to e electe! as well as t#e (i*#t to se("e in t#e sa&e electi"e position. Conse<uentl"5 it is not enou/h that an individual ser ed three consecutive ter!s in an elective local office5 he !ust also been elected to the sa!e position for the sa!e nu!ber of ti!es before the dis<ualification can appl".H*G .% hen will the threeEli!it of local elective officialsE e7cept baran/a" officialsE appl"R A% Jnl" when these two conditions concur=
with !ere dual citi0enship do not fall under the dis<ualification.
G. Manne( of Election 9,A +(>C5 Section 6(:
1.
2.
'he /overnor5 viceE/overnor5 cit" or !unicipal !a"or5 cit" or !unicipal viceE !a"or and punon/ baran/a" shall be electe! at la(*e in their respective units. 'he san//unian/ .abataan chair!an shall be elected b" the re/istered voters of the .atipunan n/ .abataan. 'he re/ular !e!bers of the san//unian/ panlalawi/an5 panlun/sod and ba"an shall be elected b" district as !a" be provided b" law. 'he presidents of the lea/ues of san//unian !e!bers of co!ponent cities and !unicipalities shall serve as e2 o##icio !e!bers of the sanffunian/ panlalawi/an concerned. 'he presidents of the li/a n/ !/a baran/a" and the pederas"on n/ !/a san//unian/ .abataan elected b" their respective chapters5 shall serve e2 o##icio !e!bers of the san//unian/ panlalawi/an5 panlun/sod or ba"an.
A(ticle I' Section 6. Le/islative bodies of local /overn!ents shall have sectoral representation as !a" be prescribed b" law.
1. 2.
'he local official concerned has been electe! three consecutive ti!esG and #e has full" se("e! three consecutive ter!s. 9Bor3a v. CJ;ELEC5 ())*:
2.
$n addition5 there shall be one sectoral representative fro! the wo!en5 one fro! the wor.ers5 and one fro! an" of the followin/ sectors= urban poor5 indi/enous cultural co!!unities5 disabled persons5 or an" other sector as !a" be deter!ined b" san//unian concerned within )C da"s prior to the holdin/ of the ne7t local elections as !a" be provided b" law. 'he Co!elec shall pro!ul/ate the rules and re/ulations to effectivel" provide for the election of such sectoral representatives.
SC !e"ise! scena(ios to e@plain t#e application of A(ticle I' Section 7 in )or5a v& COME.EC"
.% Suppose A is a viceE!a"or who beco!es !a"or b" reason of the death of the incu!bent. Si7 !onths before the ne7t election5 he resi/ns and is twice elected thereafter. Can he run a/ain for !a"or in the ne7t electionR A% Tes5 because althou/h he has alread" first served as !a"or b" succession and subse<uentl" resi/ned fro! office before the full ter! e7pired5 he has not actuall" served there full ter!s in all for the purpose of appl"in/ the ter! li!it. 4nder Art. S5 Section *5 voluntar" renunciation of office is not considered as an interruption in the continuit" of his service for the full ter! onl" if the ter! is one Afor which he was elected.B Since A is onl" co!pletin/ the service of the ter! for which the deceased and not he was elected5 A cannot be considered to have co!pleted one ter!. #is resi/nation constitutes an interruption of the full ter!. 9Bor3a v. CJ;ELEC5 ())*: .% Suppose B is elected !a"or and5 durin/ his ter!5 he is twice suspended for !isconduct for a total of ( "ear. $f he is twice reEelected after that5 can he run for one !ore ter! in the ne7t electionR A% Tes5 because he has served onl" twoEfull ter!s successivel". 9Bor3a v. CJ;ELEC5 ())*: Be(nas% It is submitted that this is not correct. Suspension does not interrupt his term nor in #act his tenure because the o##ice still belongs to him during suspension. Moreo er, the Courts solution rewards wrong doing. .% 'he case of viceE!a"or C who beco!es !a"or b" succession involves a total failure of the two conditions to concur for the purpose of appl"in/ Article S5 Section
A. Date of Election Ever" three "ears on the second ;onda" of ;a"5 unless otherwise provided b" law. B. Te(& of Office 'hree "ears5 startin/ fro! noon of &une 2C5 ())15 or such date as !a" be provided b" law5 e7cept that of elective baran/a" officials. Do local elective official shall serve for !ore than three consecutive ter!s in the sa!e position. 'he ter! of office of baran/a" officials and !e!bers of the san//unian/ .abataan shall be for five 98: "ears5 which shall be/in after the re/ular election of baran/a" officials on the second ;onda" of ;a"5 ())+. 9,A *816:
A(ticle I' Section 7. 'he ter! of office of elective local officials5 e7cept baran/a" officials5 which shall be deter!ined b" law5 shall be three "ears and no such official shall serve for !ore than three consecutive ter!s.
+/#
,or5a v. C;49"9C, 1$$2
(*6
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
A% As !a" be deter!ined b" law. And the Local Govern!ent Code5 Section 62Ec li!its their ter! to three "ears.
*. Suppose he is twice elected after that ter!5 is he <ualified to run a/ain in the ne7t electionR A% Tes5 because he was not elected to the office of the !a"or in the first ter!s but si!pl" found hi!self thrust into it b" operation of law. Deither had he served the full ter! because he onl" continued the service5 interrupted b" the death5 of the deceased !a"or.
Cu((ent Rules on Te(& Li&its%

(. Lon0anida was elected ;a"or to a third ter!. #is election was challen/ed5 however5 and he lost and had to abandon his office. #e could still run in the ne7t election "ear because he did not serve three full ter!s.>+( 1. 'ala/a lost when he ran for a third ter!. 'he winner5 however5 lost to hi! in a recall election and he served the rest of the for!er winner@s ter!. At the end of this ter! he could run a/ain because he had not served three full ter!s.>+1 2. #a/edorn served as ;a"or for three full ter!s. $n the first "ear after the end of his third ter!5 he ran in a recall election. QualifiedR Tes5 because between the end of his third ter! and the recall election there was an interruption thus brea.in/ the successiveness.>+2 6. Durin/ the third ter! of a ;a"or of a !unicipalit"5 the !unicipalit" was converted to a cit". 'he ;a"or was allowed to finish the third ter!. Could he run as ;a"or of the cit" in the ne7t electionR Do. 'here has been no chan/e in territor" nor in constituenc". 'hus the three ter! li!it applies.>+6 8. hen a !unicipal councilor assu!ed the office of ViceE;a"or respondent@s assu!ption of office as viceE !a"or in &anuar" 1CC6 b" operation of law5 it was an involuntar" severance fro! his office as !unicipal councilor resultin/ in an interruption in the service of his 1CC(E1CC6 ter!. #e did not serve the full 1CC(E 1CC6 ter!.>+8 >. After servin/ a full three "ear ter!5 Ale/re was declared to have been invalidl" elected. Should that ter! be counted for purposes of the three ter! li!itR Tes. 'he decision declarin/ hi! not elected is of no practical conse<uence because he has alread" served.>+> .% ,A +(>C5 Section 62Ec li!its the ter! of office of baran/a" official to three "ears. Petitioners ar/ue that Section *5 Article S Ab" e7ceptin/ baran/a" officials whose ?ter!s shall be deter!ined law@ fro! the /eneral provision fi7in/ the ter! of ?elective local officials@ at three "ears5B i!pliedl" prohibits Con/ress for! le/islatin/ a threeE"ear ter! for such officers. 'hus5 Section 62EC of ,A +(>C is unconstitutional. Decide. A% 'he Constitution did not e7pressl" prohibit Con/ress fro! fi7in/ an" ter! of office of baran/a" officials. 9David v. CJ;ELEC5 ())+: .% #ow lon/ then is the ter! of baran/a" officialsR
2JJ: Ba( .uestion. .a fi$in# the terms of local elective officials& .%State whether or not the law is constitutional. E7plain briefl". AA law fi7in/ the ter!s of local elective officials5 other than baran/a" officials5 to > "ears.B Su**este! Answe(= 'he law is invalid. 4nder Article S5 Section * of the ()*+ Constitution5 Lthe ter! of office of elective local officials5 e7cept baran/a" officials5 which shall be deter!ined b" law5 shall be three "ears and no such official shall serve for !ore than three consecutive ter!s.L 'he law clearl" /oes a/ainst the aforesaid constitutional re<uire!ent of three "ear ter!s for local officials e7cept for baran/a" officials. :. Rules of Succession 9,A +(>C5 Sections 666E 6>: Pe(&anent VacanciesH A per!anent vacanc" arises when an elective local officials fills hi/her vacant office5 refuses to assu!e office5 fails to <ualif"5 dies5 is re!oved fro! office5 voluntaril" resi/ns5 or is per!anentl" incapacitated to dischar/e the functions of his office. $f a per!anent vacanc" occurs in the office of= (. Governor or !a"or5 the viceE/overnor or viceE!a"or concerned shall beco!e the /overnor or !a"or. 2. ViceE/overnor or viceE!a"or5 the hi/hest ran.in/ san//unian !e!ber or5 in case of per!anent inabilit"5 the second hi/hest ran.in/ san//unian !e!ber5 and subse<uent vacancies shall be filled auto!aticall" b" the other san//unian !e!bers accordin/ to their ran.in/. ,an.in/ in the san//unian shall be deter!ined on the basis of the proportion of votes obtained b" each winnin/ candidate to the total nu!ber of re/istered voters in each district in the i!!ediatel" precedin/ election.
a*
$n <ictoria . Comelec, EE( SC9A EH(, the SC re3ected the contention that this provision be interpreted b" factorin/ the nu!ber of the voters who actuall" voted5 because the law is clear and !ust be appliedN and the courts !a" not speculate as the probable intent of the le/islature apart for! the words used in the law.
b*
+/1
Lon&anida v Comelec! @.=. :o. 1&%1%#. 1ul- 22, 1$$$. +/2 Adormeo v Comelec! @.=. :o. 14/$2/. Februar- 4, 2##2. +/& Socrates v Comelec! @.=. :o. 1%4%12. :ovember 12, 2##2. +/4 Latasa v. Comelec. @.=. :o. 1%422$. December 1#, 2##&. +/% Montebon v COMELEC! @.=. :o. 12#444, April 2, 2##2.
+/+
$n Men=on . +etilla, '(* SC9A E5', it was held that this !ode of succession for per!anent vacancies !a" also be observed in the case of te!porar" vacancies in the sa!e office.
;ng v. Alegre, @.=. :o. 1+&2$%, 1anuar- 2&, 2##+3 =ivera 000 v. 4orales, @= 1+/%$1, 4a- $, 2##/.
2. Punon/ baran/a"5 the hi/hestE ran.in/ san//unian baran/a" !e!ber5 or in case of his per!anent inabilit"5 the second hi/hest ran.in/ baran/a" !e!ber. HDote= A tie between or a!on/ the hi/hest ran.in/
(*8
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
$n -arinas . 8arba, E5H SC9A 4(H, where vacanc" to be filled was that of a !e!ber of the San//unian/ Ba"an who did not belon/ to an" political part"5 the SC held that neither the petitioner nor the respondent was validl" appointed. Dot the petitioner5 because althou/h he was appointed b" the Governor5 he was not reco!!ended b" the San//unian Ba"an. Deither the respondent5 because althou/h he was reco!!ended b" the San//unian Ba"an5 he was not appointed b" the Governor.
san//unian !e!bers shall be resolved b" drawin/ of lots.I 4. San//unian/ !e!ber5 where auto!atic succession provided above do not appl"= filled b" appoint!ent b" the President5 throu/h the E7ecutive Secretar" in the case of the San//unian Panlalawi/an or san//unian panlun/sod of hi/hl" urbani0ed cities and independent co!ponent citiesG b" the Governor in the case of the san//unian/ panlun/sod of co!ponent cities and san//unian/ ba"anG and b" the cit" or !unicipalit" !a"or in the case of san//unian/ baran/a" upon reco!!endation of the san//unian/ baran/a" concerned. #owever5 e7cept for the san//unian/ baran/a"5 onl" the no!inee of the political part" under which the san//unian !e!ber concerned had been elected and whose elevation to the position ne7t hi/her in ran. created the last vacanc" in the san//unian shall be appointed. A no!ination and a certificate of !e!bership of the appointee fro! the hi/hest official of the political part" concerned are conditions sine <ua non5 and an" appoint!ent without such no!ination and certificate shall be null and void and shall be a /round for ad!inistrative action a/ainst the official concerned. $n case the per!anent vacanc" is caused b" a san//unian/ !e!ber who does not belon/ to an" political part"5 the local chief e7ecutive shall upon the reco!!endation of the san//unian concerned5 appoint a <ualified person to fill the vacanc".
8. Vacanc" in the representation of the "outh and the baran/a" in the san//unian= filled auto!aticall" b" the official ne7t in ran. of the or/ani0ation concerned.
$n 6ar ida . Sales5 1+( SC,A +>+5 the SC pointed out that under the LGC5 the !e!ber of the San//unian/ Mabataan who obtained the ne7t hi/hest nu!ber of votes shall succeed the Chair!an if the latter refuses to assu!e office5 fails to <ualif"5 is convicted of a cri!e5 voluntar" resi/ns5 dies is per!anentl" incapacitated5 is re!oved fro! office5 or has been absent without leave for !ore than three consecutive !onths. $neli/ibilit" is not one of causes enu!erated in the Local Govern!ent Code. 'hus5 to avoid hiatus in the office of the Chair!an5 the vacanc" should be filled b" the !e!bers of the San//unian/ Mabataan chosen b" the incu!bent SM !e!bers b" si!ple !a3orit" fro! a!on/ the!selves.
a*
'he reason behind the ri/ht /iven to a political part" to no!inate a replace!ent when a per!anent vacanc" occurs in the San//unian is to !aintain the part" representation as willed b" the people in the election. 9$n this case5 with the elevation of 'a!a"o5 who belon/ed to 9e#ormaB7M to the position of Vice ;a"or5 a vacanc" occurred in the San//uninan that should be filled up with so!eone who belon/s to the political part" of 'a!a"o. Jtherwise5 9e#ormaB7Ms representation in the San//unian would be di!inished. 'o ar/ue that the vacanc" created was that for!erl"held b" the *th San//unian !e!ber5 a 7akasB 0LC:BAampi !e!ber5 would result in the increase in that part"@s representation in the San//unian at the e7pense of 9e#ormaB7M. 9Davarro v. CA5 1CC(: b: 'he appoint!ent to an" vacanc" caused b" the cessation fro! office of a !e!ber of the san//unian/ baran/a" !ust be !ade b" the !a"or upon the reco!!endation of the san//unian. 'he reco!!endation b" the san//unian ta.es the place of no!ination b" the political part" 9since !e!bers of the san//unian/ baran/a" are prohibited to have part" affiliations: and is considered as a condition sine <ua non for the validit" of the appoint!ent.
Ot#e( Cases on ;Succession? 1. ViceE/overnor actin/ as /overnor cannot continue to preside over san//unian/ panlalawi/an sessions while actin/ as such. (6amboa . Aguirre, 69 '4FE'4, G*.EG.((/ 2. 4nder Section 6669b:9(:97iv: of the ())( Local Govern!ent Code5 applications for leave of !unicipal officials and e!plo"ees appointed b" the ;a"or shall be acted upon b" hi!%her5 not b" the Actin/ ViceE;a"or. (Ci il Ser ice Commission . Sebastian, 69 'H'*44, 'G.''.EGG5/ &. $n case of vacanc" in the San//unian/ Ba"an5 the no!inee of the part" under which the !e!ber concerned was elected and whose elevation to the hi/her position created the last vacanc" will be appointed. 'he last vacanc" refers to that created b" the elevation of the councilor as viceE!a"or. 'he reason behind the rule is to !aintain part" representation. (0a arro . Court o# Appeals, 69 'F'4G*, G4.E).EGG'/ !he ranking in the sanggunian shall be determined on basis o# the proportion o# the otes obtained by each winning candidate to the total number o# registered oters. !he law does not pro ide that the number o# otes who actually oted must be #actored in the ranking. 9Victoria v. Co!elec5 G, (C)CC85 C(.(C.)6: 4. 'he prohibition on !idni/ht appoint!ents onl" applies to presidential
(*>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA HCo!pensation and Position Classification Act of ()*):. 'he elective baran/a" officials shall be entitled to receive honoraria5 allowances and other e!olu!ents as !a" be provided b" law or baran/a"5 !unicipal or cit" ordinance5 but in no case less than (5CCC per !onth for the punon/ baran/a" and P>CC.CC for the san//unian !e!bers.
Elective officials shall be entitled to the sa!e leave privile/es as those en3o"ed b" appointive local officials5 includin/ the cu!ulation and co!!utation thereof.
appoint!ents. 'here is no law that prohibits local elective officials fro! !a.in/ appoint!ents durin/ the last da"s of his% her tenure. (:e 9ama . Court o# Appeals, 454 SC9A (F/ In accordance with Section FF o# the '((' 7ocal 6o ernment Code, the highest ranking sangguniang barangay member, not the second placer, who should become the punong barangay in case the winning candidate is ineligible. 9Bautista v. Co!elec5 G, (86+)>5 (C.12.1CC2G ,oral :are v& Comelec- 6R <FIF=G@ <FIF=I- H9&=>&=HH9: Te&po(a() Vacancies 1. hen the /overnor5 cit" or !unicipal !a"or5 or punon/ baran/a" is te!poraril" incapacitated to perfor! his duties for ph"sical or le/al reasons such as5 but not li!ited to5 leave of absence5 travel abroad and suspension for! office5 the vice /overnor5 cit" or !unicipal vice !a"or5 or the hi/hest ran.in/ san//unian baran/a" !e!ber shall auto!aticall" e7ercise the powers and perfor! the duties and functions of the local chief e7ecutive concerned5 e7cept the power to appoint5 suspend5 or dis!iss e!plo"ees which can be e7ercised onl" if the period of te!porar" incapacit" e7ceeds thirt" wor.in/ da"s. 9Said te!porar" incapacit" shall ter!inate upon sub!ission to the appropriate san//unian of a written declaration that he has reported bac. to office. $n case the te!porar" incapacit" is due to le/al causes5 the local chief e7ecutive concerned shall also sub!it necessar" docu!ents showin/ that the le/al causes no lon/er e7ists.: 1. hen the local chief e7ecutive is travellin/ within the countr" but outside this territorial 3urisdiction for a period not e7ceedin/ three consecutive da"s5 he !a" desi/nate in writin/ the officerEinEchar/e of the said office. Such authori0ation shall specif" the powers and functions that the local official shall e7ercise in the absence of the local chief e7ecutive5 e7cept the power to appoint5 suspend or dis!iss e!plo"ees. 9$f the local chief e7ecutive fails or refuses to issue such authori0ation5 the viceE/overnor5 cit" or !unicipal viceE!a"or5 or the hi/hest ran.in/ san//unian baran/a" !e!ber5 as the case !a" be 5 shall have the ri/ht to assu!e the powers5 duties and functions of the said office on the fourth da" of absence of the local chief e7ecutive5 e7cept the power to appoint.5 suspend or dis!iss e!plo"ees.: 8. Co&pensation 9,A +(>C5 Section *(: 'he co!pensation of local officials and personnel shall be deter!ined b" the san//unian concerned5 sub3ect to the provisions of ,A >+8*
7. Recall ,ecall is the ter!ination of official relationship of an elective official for loss of confidence prior to the e7piration of his ter! throu/h the will of electorate. 1. $nitiatin/ the process of recall throu/h the convenin/ of the Preparator" ,ecall Asse!bl" 9P,A: is constitutional. 'he Constitution e!powers Con/ress to provide effective !eans of recall. 'he adoption of the P,A resolution is not the recall itself. (6arcia . Comelec, 69 '''5'', 'G.G5.(4/ 2. Loss of confidence as a /round for recall is a political <uestion. (6arcia . Comelec, 69 '''5'', 'G.G5.(4/ &. Another resolution b" the Preparator" ,ecall Asse!bl" !ust be adopted to initiate the recall of a viceE!a"or who5 before the recall election5 beca!e the !a"or. (A#iado . Comelec, 69 'F'*)*, G(.').EGGG/ 4. 'he Preparator" ,ecall Asse!bl" is distinct fro! li/a n/ !/a baran/a". Baran/a" officials who participated in recall did so not as !e!bers of the li/a but as P,A !e!bers. (Malon=o . Comelec, 69 'E*GHH, G4.''.(*/ %. Dotice to all !e!bers of the Preparator" ,ecall Asse!bl" is a !andator" re<uire!ent. (6arcia . Comelec, 69 '''5'', 'G.G5.(4/ +. Dotice !a" be served b" president of the li/a n/ !/a baran/a" who is also a !e!ber of the Preparator" ,ecall Asse!bl". (Malon=o . Comelec, 69 'E*GHH, G4.''.(*/ /. Service of notice !a" be effected under an" of the !odes of service of pleadin/s F personal5 b" re/istered !ail. (Malon=o . Comelec, 69 'E*GHH, G4.''.(*/ 2. 'he (E"ear ban 9fro! assu!ption and ne7t election: refers to the holdin/ of the recall election5 not the convenin/ of the P,A. (Claudio . Comelec, 69 'FG5HG@ *'F, G5.GF.EGGG/ $. 'he ?re/ular recall election@ !entioned in the (E"ear proscription refers to an election where the office held b" the local elective official sou/ht to be recalled will be contested and filled b" the electorate. (+aras
(*+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA 8. Abuse of authorit".
$n failin/ to share with the !unicipalities concerned the a!ount paid b" the Daitonal Power Corporation for the rede!ption of the properties ac<uired b" the Province of Alba" at a public auction held for delin<uent realt" ta7es5 the Provincial Jfficials were held /uilt" of abuse of authorit". 9Salali!a v. Guin/ona5 18+ SC,A 88:
. Comelec, 69 'E4'H(, ''.GF.(H> ;ariol . Comelec, 69 'E*F5H, G4.EG.(*/ 1#. A part" a//rieved b" the issuance of Co!elec en banc resolution 9calendar of activities for recall election: when he% she had sufficient ti!e5 !ust file a !otion for reconsideration with Co!elec en banc. (;ariol . Comelec, 69 'E*F5H, G4.EG.(*/ 6. Resi*nation 9,A +(>C5 Section *1: ,esi/nation of elective local officials shall be dee!ed effective onl" upon acceptance b" the followin/ authorities= a: 'he President5 in case of /overnors5 viceE/overnors5 and !a"ors and viceE!a"ors of hi/hl" urbani0ed cities and independent co!ponent cities. b: 'he /overnor5 in the case of !unicipal !a"ors and viceE!a"ors5 cit" !a"ors and viceE!a"ors of co!ponent cities. c: 'he san//unian concerned5 in case of san//unian !e!bers. d: 'he cit" or !unicipal !a"or5 in the case of baran/a" officials. HDote= 'he resi/nation shall be dee!ed accepted if not acted upon b" the authorit" concerned within (8 wor.in/ da"s fro! receipt thereof. $rrevocable resi/nations b" san//unian !e!bers shall be dee!ed accepted upon presentation before an open session of the san//unian concerned and dul" entered in its records5 e7cept where the san//unian !e!bers are sub3ect to recall elections or to cases where e7istin/ laws prescribe the !anner of actin/ upon such resi/nations.I 3J. /(ie"ance P(oce!u(e 9,A +(>C5 Section *2: 'he local chief e7ecutive shall establish a procedure to in<uire into5 act upon5 resolve or settle co!plaints and /rievances presented b" local /overn!ent e!plo"ees. 33. Discipline 9,A +(>C5 Sections >CE>*: /(oun!s fo( Disciplina() Action% An elective local official !a" be disciplined5 suspended5 or re!oved fro! office on an" of the followin/ /rounds= 1. Dislo"alt" to the republic of the Philippines. 2. Culpable violation of the Constitution. 2. Dishonest"5 oppression5 !isconduct in office5 /ross ne/li/ence5 or dereliction of dut".
$t was held that acts of lasciviousness cannot be considered !isconduct in office5 and !a" not be the basis of an order of suspension. 'o constitute a /round for disciplinar" action5 the !a"or char/ed with the offense !ust be convicted in the cri!inal action.
>. 4nauthori0ed absence for (8 consecutive wor.in/ da"s5 e7cept in the case of !e!bers of the san//unian/ palalawi/an5 panlun/sod5 ba"an and baran/a". /. Application for5 or ac<uisition of5 forei/n citi0enship or residence or the status of an i!!i/rant of another countr". *. Such other /rounds as !a" be provided in this Code and other laws. HAn elective local official !a" be re!oved fro! office on the /rounds enu!erated above b" order of the proper court.I Cases on Discipliina() Action 9A/ra Dotes: 1. 'he power of the President over ad!inistrative disciplinar" cases a/ainst elective local officials is derived fro! his% her power of /eneral supervision over local /overn!ents. 'he power to discipline and ensure that the laws be faithfull" e7ecuted !ust be construed to authori0e the President to order an investi/ation of the act or conduct of local officials when in his% her opinion the /ood of the public service so re<uires. 'hus= A$ndependentl" of an" statutor" provision authori0in/ the President to conduct an investi/ation of the nature involved in this proceedin/5 and in view of the nature and character of the e7ecutive authorit" with which the President of the Philippines is invested5 the constitutional /rant to hi!% her power to e7ercise /eneral supervision over all local /overn!ents and to ta.e care that the laws be faithfull" e7ecuted !ust be construed to authori0e hi!% her to order an investi/ation of the act or conduct of the local official.(;oson . !orres, 69 '4'E55, G5.EG.()/ 2. &urisdiction over ad!inistrative disciplinar" actions a/ainst elective local officials is lod/ed in two authorities= the Disciplinin/ Authorit" and the $nvesti/atin/ Authorit". 'he Disciplinar" Authorit" !a" constitute a Special $nvesti/atin/ Co!!ittee in lieu of the Secretar" of the $nterior and Local Govern!ent. ith respect to a provincial /overnor5 the disciplinin/ Authorit" is the President of the Philippines5 whether actin/ b" hi!self% herself or throu/h the E7ecutive Secretar". 'he Secretar" of the $nterior and Local Govern!ent is the $nvesti/atin/ Authorit"5 who !a" act hi!self%
6. Co!!ission of an" offense involvin/ !oral turpitude or an offense punishable b" at least prision !a"or. I sweat, I bleed, I soar Service, Sacrifice, Excellence
(**
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Mo?ica, 69 '4(GF4, G(.'G.((/ An ad!inistrative case has beco!e !oot and acade!ic as a result of the e7piration of ter! of office of an elective local official durin/ which the act co!plained of was alle/edl" co!!itted. Proceedin/s a/ainst respondent are therefore barred b" his% her reEelection. (Malinao . 9eyes, 69 ''*H'), G4.E(.(H> 9eyes . Comelec, 69 'EG(G5, G4.G*.(H/ 2. 4nder the ())( Local Govern!ent Code5 the dis<ualification to run for an" elective local position is for two "ears after service of sentence5 not 8 "ears under the J!nibus Election Code since the LGC is the later enact!ent. (Magno . Comelec, 69 'F*(GF, 'G.GF.EGGE/ 32. Cases on Offenses 9A/ra Dotes:
herself or constitute and $nvesti/atin/ Co!!ittee. 'he Secretar" of the Depart!ent5 however5 is not the e7clusive $nvesti/atin/ Authorit". $n lieu of the Depart!ent Secretar"5 the Disciplinin/ Authorit" !a" desi/nate a Special $nvesti/atin/ Co!!ittee. 'he power of the President over ad!inistrative disciplinar" cases a/ainst elective local officials is derived fro! his% her power of /eneral supervision over local /overn!ents. 'he power of the Depart!ent to investi/ate ad!inistrative co!plaints is based on the alterEe/o principle or the doctrine of <ualified political a/enc". 9;oson . !orres, 69 '4'E55,G5.EG.()/ &. An ?ad!inistrative offense@ !eans ever" act or conduct or o!ission which a!ounts to5 or constitutes5 an" of the /rounds for disciplinar" action. 9Salalima . 6uingona, 69 ''*5)(B(E,G5.EE.(H/ 4. 'he ())( Local Govern!ent Code is the applicable law insofar as disciplinar" action a/ainst an elective local official is concerned. 'he Code prevails over the Ad!inistrative Code since the latter is of /eneral application and the for!er was enacted !uch later than the latter. (Calingin . Court o# Appeals, 69 '5FH'H, G*.'E.EGGF/ %. hen a !a"or is ad3ud/ed to be dis<ualified5 a per!anent vacanc" was created for failure of the elected !a"or to <ualif" for the office. $n such eventualit"5 the dul" elected vice !a"or shall succeed as provided b" law. 'he second placer cannot be declared as !a"or. (!oral Aare . Comelec, 69 '5*5EH@ '5*5E*, GF.E).EGGF/ +. An" vote cast in favor of a candidate5 whose dis<ualification has alread" been declared final re/ardless of the /round5 shall be considered stra". 'he application of this rule is not onl" li!ited to dis<ualification b" conviction in a final 3ud/!ent. Section 6C of the ())( Local Govern!ent Code enu!erates other /rounds. 'he dis<ualification of a candidate is not onl" b" conviction in a final 3ud/!ent. (!oral Aare . Comelec, 69 '5*5EH@ '5*5E*, GF.E).EGGF/ /. A reelected local official !a" not be held ad!inistrativel" accountable for !isconduct co!!itted durin/ his% her prior ter! of office. 'he reEelection of a public official e7tin/uishes onl" the ad!inistrative5 but not the cri!inal5 liabilit" incurred durin/ the previous ter! of office. (<alencia . Sandiganbayan, 69 'F'44H, GH.E(.EGGF/ A local official who was reEelected can no lon/er be char/ed ad!inistrativel" for !isconduct durin/ previous ter!. (6arcia . I sweat, I bleed, I soar Service, Sacrifice, Excellence
1.
'here are no unlawful disburse!ents of public funds when disburse!ents are !ade pursuant to a reenacted bud/et. ;one" can be paid out of the local treasur" since there is a valid appropriation. 'here is no undue in3ur" since there was non unlawful e7penditure. #owever5 onl" the annual appropriations for salaries and wa/es5 statutor" and contractual obli/ations5 and essential operatin/ e7penses are dee!ed reenacted. 'here is cri!inal liabilit" in dela" in sub!ission of the bud/et proposal provided the re<uire!ents under Section 2(* of the Code are not !et. 'he !a"or !ust first receive the necessar" financial docu!ents fro! other cit" officials in order to be able to prepare the bud/et. (<illanue a . 3ple, 69 'H5'E5, ''.').EGG5/ 2. A !a"or who continues to perfor! the functions of the office despite the fact that he% she is under preventive suspension usurps the authorit" of the Jffice of the ;a"or and is liable for violation of Section (2 of the AntiEGraft and Corrupt Practices Act. Section (2 of ,.A. Do. 2C() covers two t"pes of offenses= 9(: an" offense involvin/ fraud on the /overn!entG and 91: an" offense involvin/ public funds or propert". 'he first t"pe involves an" fraud whether public funds are involved or not. A-raud upon /overn!entB !eans Aan" instance or act of tric.er" or deceit a/ainst the /overn!ent.B $t cannot be read restrictivel" so as to be e<uivalent to !alversation of funds. #onest belief that he is no lon/er under preventive suspension cannot serve as defense when he refused to leave his position despite havin/ received the !e!orandu! fro! the Depart!ent of $nterior and Local Govern!ent and onl" vacatin/ the office after bein/ forced out b" the Philippine
(*)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA financial or pecuniar" interest in an" business5 contract5 or transaction !a" violate Section 29h: of the AntiEGraft and Corrupt Practices Act. 'he first !ode is if in connection with his% her pecuniar" interest in an" business5 contract or transaction5 the public officer intervenes or ta.es part in his% her official capacit". 'he second !ode is when he% she is prohibited fro! havin/ such interest b" the Constitution or an" law. A !a"or relative to the issuance of a license to operate a coc.pit which he% she owns cannot be held liable under the first !ode since he% she could not have intervened or ta.en part in his% her official capacit" in the issuance of a coc.pit license because he was not a !e!ber of the San//unian/ Ba"an. 4nder the ())( Local Govern!ent Code5 the /rant of a license is a le/islative act of the san//unian. #owever5 the !a"or could be liable under the second !ode. -urther5 Section *) of the ())( Local Govern!ent Code proscribes such pecuniar" interest. 'he penalt" !ust be that one provided under the Code5 not under the AntiEGraft Law since the Code specificall" refers to interests in coc.pits while the latter refers in /eneral to pecuniar" interest. (!e es . Sandiganbayan, 69 '5F')E, 'E.'*.EGGF/ +. An ille/all" dis!issed /overn!ent e!plo"ee who is later ordered reinstated is entitled to bac.wa/es and other !onetar" benefits fro! the ti!e of his% her ille/al dis!issal up to his% her reinstate!ent. 'his is onl" fair and 3ust because an e!plo"ee who is reinstated after havin/ been ille/all" dis!issed is considered as not havin/ left his% her office and should be /iven the correspondin/ co!pensation at the ti!e of his% her reinstate!ent. hen there is no !alice or bad faith that attended the ille/al dis!issal and refusal to reinstate on the part of the !unicipal officials5 the" cannot be held personall" accountable for the bac. salaries. 'he !unicipal /overn!ent should disburse funds to answer for the clai!s resultin/ fro! dis!issal. (Ci il Ser ice Commission . 6entallan, 69 '5E)44, G5.G(.EGG5/ /. ?;oral 'urpitude@ is an act of baseness5 vileness5 or depravit" in the private duties which a person owes his% her fellow !en 9and wo!en: or to the societ" in /eneral5 contrar" to the accepted and custo!ar" rule of ri/ht and dut" between !an and wo!an or conduct contrar" to 3ustice5 honest"5 !odest"5 or /ood !orals. Jne such act is the cri!e of fencin/. (:ela !orre . Comelec 69 'E'5(E, G*.G5.(H/ 2. A local chief e7ecutive is not dut"E bound to approve and si/n a voucher when
Dational Police. (Miranda . Sandiganbayan, 69 '5FG(), G*.E*.EGG5/ &. B" allowin/ a dis!issed e!plo"ee whose dis!issal was affir!ed b" the Civil Service Co!!ission to continue wor.in/ and receive his% her salar"5 the !a"or accorded unwarranted benefits to a part". 'herefore he% she is liable for violatin/ Section 29e: of the AntiEGraft and Corrupt Practices Act. At the ti!e of the co!!ission of the cri!e5 the !unicipal !a"or5 he% she was !andated to abide b" Article $ of Section 6669b:97: of ())( Local Govern!ent Code which directs e7ecutive officials and e!plo"ees of the !unicipalit" to faithfull" dischar/e their duties and functions as provided b" law. Considerin/ such dut"5 the !a"or had to enforce decisions or final resolutions5 orders or rulin/s of the Civil Service Co!!ission. (<elasco . Sandiganbayan, 69'HG((', GE.E).EGG5/ 4. 4nder Section 29h: of ,.A. 2C()5 the person liable is an" public officer who directl" or indirectl" has financial or pecuniar" interest in an" business5 contract or transaction in connection with which he intervenes or ta.es part in his official capacit"5 or in which he is prohibited b" the Constitution or b" an" law fro! havin/ an" interest. 'he essential ele!ents of the violation of said provision are as follows= (: 'he accused is a public officerG 1: he has a direct or indirect financial or pecuniar" interest in an" business5 contract or transactionG 2: he either= a: intervenes or ta.es part in his official capacit" in connection with such interest5 or b: is prohibited fro! havin/ such interest b" the Constitution or b" law. $n other words5 there are two !odes b" which a public officer who has a direct or indirect financial or pecuniar" interest in an" business5 contract5 or transaction !a" violate Section 29h: of ,.A. 2C(). 'he first !ode is when the public officer intervenes or ta.es part in his official capacit" in connection with his financial or pecuniar" interest in an" business5 contract or transaction. 'he second !ode is when he is prohibited fro! havin/ such an interest b" the Constitution or b" law. H 'hus5 a !a"or violated the aforestated provision via the first !ode when he%she intervened in his%her official capacit" in connection with his%her financial or pecuniar" interest in the transaction re/ardin/ the suppl" and deliver" of !i7ed /ravel and sand to the constituent baran/a"s. $t was the !a"or@s co!pan" that supplied the !aterials. (:omingo . Sandiganbayan, 69 'F('*5, 'G.E5.EGG5/ %. 'here are two !odes b" which a public officer who has a direct or indirect
()C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA hi!% her. 9Pabut . 3##ice o# the 3mbudsman, 69 '''4GF, G*.'*.(F/ 12. A cit" !a"or cannot be held liable under Section 29/: of the AntiEGraft and Corrupt Practices Act for enterin/ into a contract which is /rossl" and !anifestl" disadvanta/eous to the /overn!ent when the contract which is sub3ect of the co!plaint has been rescinded before the report of the Co!!ission on Audit ca!e out and before the co!plaint was filed with the J!buds!an. 9:uterte . Sandiganbayan, 69 '4G'(', GF.E*.()/ 1&. Partial restitution of cash shorta/e is an i!plied ad!ission of !isappropriation of !issin/ funds b" the !unicipal treasurer in case where he% she offers no co!petent and credible evidence to prove that the !issin/ funds were actuall" cash advances of e!plo"ees in the !unicipalit". (:oldol . +eople o# the +hilippines, 69 'HFF)', G(.EG.EGG5/ 3G. Cases on P(oce!u(e 9A/ra Dotes:
there is no appropriations ordinance and when there is no certification of availabilit" of funds for the intended purpose. -or not si/nin/ the voucher5 bad faith cannot be i!puted a/ainst hi!% her. 97lorente . Sandiganbayan, 69'EE'HH, G4.''.()/ $. hen the validit" of subse<uent appoint!ents to the position of Assistant Cit" Assessor has not been challen/ed5 the cit" !a"or who appointed a person to serve in said position had ever" ri/ht to assu!e in /ood faith that the one who held the position prior to the appoint!ents no lon/er held the sa!e. 'hus5 the cit" !a"or is not liable for violation of Sections 29a: and 29e: of the AntiE Graft and Corrupt Practices Act. Section 29a: re<uires a deliberate intent on the part of the public official concerned to violate those rules and re/ulations dul" pro!ul/ated b" co!petent authorit"5 or to co!!it an offense in connection with official duties. Jn the other hand5 Section 29e: poses the standard of !anifest partialit"5 evident bad faith5 or /ross ine7cusable ne/li/ence before liabilit" can be had on that para/raph. ;anifest partialit" has been characteri0ed as a clear5 notorious or plain inclination or predilection to favor one side rather than the other. Evident bad faith connotes a !anifest deliberate intent on the part of the accused to do wron/ or cause da!a/e. Gross ine7cusable ne/li/ence has been defined as ne/li/ence characteri0ed b" the want of even sli/ht care5 actin/ or o!ittin/ to act in a situation where there is a dut" to act5 not inadvertentl" but wilfull" and intentionall" with a conscious indifference to conse<uences in so far as other persons !a" be affected. (9eyes . Atien=a, 69 '5EEF4, G(.E4.EGG5/ 1#. 'he approval b" the Co!!ission on Audit 9CJA: of disburse!ents of local funds b" a local e7ecutive relates to the ad!inistrative aspect of the !atter of the officials accountabilit". $t does not foreclose the J!buds!an@s authorit" to investi/ate and deter!ine whether there is a cri!e to be prosecuted for which he% she is accountable. Co!pliance with CJA rules and re/ulations does not necessaril" !ean that no !isappropriation of public funds was co!!itted. Evidence in this re/ard !ust still be adduced. 9Aguinaldo . Sandiganbayan, 69 'EFF*', ''.E).(H/ 11. Public officials5 !ore especiall" an elected one5 should not be onionEs.inned. 'hus5 a viceE!a"or who beat up a !otorist despite the provocation b" the latter5 is /uilt" of !isconduct. 'he period where an official was placed under preventive suspension cannot be credited to the penalt" i!posed on
1.
An errin/ elective local officials has ri/hts a.in to the constitutional ri/hts of an accused. 'hese are essentiall" part of procedural due process. 'he local elective official has the 9(: ri/ht to appear and defend hi!self% herself in person or b" counselG 91: the ri/ht to confront and crossEe7a!ine the witnesses a/ainst hi!% herG and 92: the ri/ht to co!pulsor" attendance of witness and the production of docu!entar" evidence. 'hus5 the official@s ri/ht to a for!al investi/ation was not satisfied when the co!plaint a/ainst hi!% her decided on the basis of position papers. 'he provisions for ad!inistrative disciplinar" actions elective local officials are !ar.edl" different fro! appointive officials. 'he rules on the re!oval and suspension of elective local officials are !ore strin/ent. 'he procedure of re<uirin/ position papers in lieu of a hearin/ in ad!inistrative cases is e7pressl" allowed with respect to appointive officials but not to those elected. An elective official5 elected b" popular vote5 is directl" responsible to the co!!unit" that elected hi!% her. 'he official has a definite ter! of office fi7ed b" law which is relativel" of short duration. Suspension and re!oval fro! office definitel" affects and shortens this ter! of office. hen an elective official is suspended or re!oved5 the people are deprived of the services of the official the" had elected. 9;oson . !orres, 69 '4'E55, G5.EG.()/ 2. 'he essence of procedural due process is e!bodied in the basic re<uire!ent of notice and a real opportunit" to be heard. $n ad!inistrative proceedin/s5 procedural due
()(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA per!itted. 'hus5 a !a"or who clai!s that the i!position of preventive suspension b" the /overnor was un3ustified and politicall" !otivated5 should see. relief first fro! the Secretar" of the $nterior and Local Govern!ent5 not fro! the courts. (1spiritu . Melgar, 69 'GG)*F, GE.'4.(E/ /. 'he ())( Local Govern!ent Code does not preclude the filin/ of an appeal of a decision of a san//unian/ panlun/sod involvin/ an elective baran/a" official. Section >* of the Code specificall" allows a part" to appeal to the Jffice of the President. 'he decision is i!!ediatel" e7ecutor" but the respondent !a" nevertheless appeal the adverse decision to the Jffice of the President or to the San//unian/ Panlalawi/an5 as the case !a" be. (Mendo=a . 7a2ina, 69 'FH)*5, G*.'F.EGG4/ 2. 4nder Section >( of the ())( Local Govern!ent Code5 a co!plaint a/ainst an" elective official of a !unicipalit" shall be filed before the san//unian/ panlalawi/an whose decision !a" be appealed to the Jffice of the President. hen appeal to the Jffice of the President is available5 resort to filin/ a petition for certiorari5 prohibition and !anda!us with the Court of Appeals under ,ule >85 (6 was inapt. 'he availabilit" of the ri/ht of appeal precludes recourse to the special civil action for certiorari. (8alindong . :acalos, 69 '5))*F, ''.'G. EGGF/ $. Do notice of the session where a decision of the san//unian is to be pro!ul/ated on the ad!inistrative case is re<uired to be /iven to the petitioner. 'he deliberation of the san//unian is an internal !atter. $n order to render a decision in ad!inistrative cases involvin/ elective local officials5 the decision of the san//unian !ust be writin/ statin/ clearl" and distinctl" the facts and the reasons for the decision. 'hus5 the votin/ followin/ the deliberation of the !e!bers of the san//unian did not constitute the decision unless this was e!bodied in an opinion prepared b" one of the! and concurred in b" the others. 4ntil the !e!bers have si/ned the opinion and the decision is pro!ul/ated5 the" are free to chan/e their votes. (Malinao . 9eyes, 69 ''*H'), G4.E(.(H/ 1#. 'he filin/ of !otion for reconsideration before the supervisin/ local /overn!ent concernin/ a disciplinar" case involvin/ an elective official of the supervised unit prevents the decision of the for!er fro! beco!in/ final. 'hus5 there is thus no decision findin/ the official /uilt" to spea. of which would dis<ualif" said official. (7ingating . Comelec, 69 '54F*5, ''.'4.EGGE/
process si!pl" !eans the opportunit" to e7plain one@s side or the opportunit" to see. a reconsideration of the action or rulin/ co!plained of. Procedural due process has been reco/ni0ed to include the followin/= 9(: the ri/ht to actual or constructive notice of the institution of proceedin/s which !a" affect a respondent@s le/al ri/htsG 91: a real opportunit" to be heard personall" or with the assistance of counsel5 to present witnesses and evidence in one@s favor5 and to defend one@s ri/htsG 92: a tribunal vested with co!petent 3urisdiction and so constituted as to afford a person char/ed ad!inistrativel" a reasonable /uarantee of honest" as well as i!partialit"G and 96: a findin/ b" said tribunal which is supported b" substantial evidence sub!itted for consideration durin/ the hearin/ or contained in the records or !ade .nown to the parties affected. Minship alone does not establish bias and partialit". Bias and partialit" cannot be presu!ed. $n ad!inistrative proceedin/s5 no less than substantial proof is re<uired. ;ere alle/ation is not e<uivalent to proof. ;ere suspicion of partialit" is not enou/h. 'here should be hard evidence to prove it5 as well as !anifest showin/ of bias and partialit" ste!!in/ fro! an e7tra3udicial source or so!e other basis. (Casimiro . !andog, 69 'FH'4*, GH.G).EGG5/ &. An ad!inistrative co!plaint a/ainst an errin/ elective official !ust be verified and filed with the proper /overn!ent office. A co!plaint a/ainst an elective provincial or cit" !ust be filed with the Jffice of the President. A co!plaint a/ainst an elective !unicipal official !ust be filed with the San//unian/ Panlalawi/an while that of a baran/a" official !ust be filed before the San//unian/ Panlun/sod or San//unian/ Ba"an. (Mendo=a . 7a2ina, 69 'FH)*5, G*.'F.EGG4/ 4. 'he lac. of verification in a letterE co!plaint !a" be waived5 the defect bein/ not fatal. Verification is a for!al5 not 3urisdictional re<uites. (;oson . !orres 69 '4'E55, G5.EG.()/ %. Decisions of the Jffice of the President are final and e7ecutor". Do !otion for reconsideration is allowed b" law but the parties !a" appeal the decision to the Court of Appeals. 'he appeal5 however5 does not sta" the e7ecution of the decision. 'he Secretar" of the $nterior and Local Govern!ent !a" validl" !ove for its i!!ediate e7ecution. (Calingin . Court o# Appeals, 69 '5FH'H, G*.'E.EGGF/ +. Direct recourse to the courts without e7haustin/ ad!inistrative re!edies is not
()1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA san//uinian panlalawi/an5 whose decision !a" be appealed to the Jffice of the President.
11.
4nder the ())( Local Govern!ent Code5 an elective local official !ust be citi0en of the Philippines. Jne who clai!s that a local official is not has the burden of provin/ his% her clai!. $n ad!inistrative cases and petitions for dis<ualification5 the <uantu! of proof re<uired is substantial evidence. (Matugas . Comelec, 69 '5'(FF, G'.EG.EGGF/ 12. 'he Jffice of the President is authori0ed to sta" the e7ecution of a decision a/ainst a !unicipal !a"or issued b" the San//unian/ Panalawi/an pendin/ appeal. ,eviewin/ officials are not deprived of their authorit" to order a sta" an appealed decision. Supervisin/ officials are /iven such discretion. 98erces . 6uingona, EF' SC9A 54(: 3A. Co&plaints
a*
Ad!inistrative Jrder Do. (* dated -ebruar" (15 ()*+5 which provides that on appeal fro! the decision of the San//unian/ Panlalawi/an5 the President !a" sta" e7ecution of the appealed decision5 was dee!ed not to have been repealed b" ,A +(>C did not e7pressl" repeal the ad!inistrative order5 and i!plied repeals are frowned upon. 9Berces v. E7ecutive Secretar"5 16( SC,A 82):
b*
'he decision of the san//unian panlalawi/an in ad!inistrative cases involvin/ elective officials !a" be in writin/ statin/ clearl" and distinctl" the facts and the reasons for the decision5 and !ust be si/ned b" the re<uisite !a3orit" of the san//unian. 9;alinao v. ,e"es5 18> SC,A >(>:
&.
1.
A verified co!plaint a/ainst provincial5 hi/hl" urbani0ed cit" or independent co!ponent cit" elective official5 shall be filed before the Jffice of the President.
A valid co!plaint a/ainst elective baran/a" officials5 shall be filed before the san//unian/ pan/lun/sod os sa//unian/ ba"an concerned5 whose decision shall be final and e7ecutor. 3B. P(e"enti"e Suspension 9A/ra Dotes:
a*
$t !a" be noted that the Constitution places local /overn!ents under the supervision of the E7ecutive. Li.ewise5 the Constitution allows Con/ress to include in the Local Govern!ent Code provisions for re!oval of local officials5 which su//est that Con/ress !a" e7ercise re!oval powers. So5 the Local Govern!ent Code has done and dele/ated its e7ercise to the President. Dote also that le/all"5 supervision is not inco!patible with disciplinar" authorit". 9Gan0on v. CA5 1CC SC,A 1+(:
1.
b*
4nder Ad!inistrative Jrder Do. 125 the President has dele/ated the power to investi/ate co!plaints to the Secretar" of $nterior and Local Govern!ent. 'his is valid dele/ation because what is dele/ated is onl" the power to investi/ate5 not the power to discipline. Besides5 the power of the Secretar" of $nterior and Local Govern!ent to investi/are is based on the alter ego principle. 9&oson v. 'orres5 1)C SC,A 1+):
c*
'he respondent has the ri/ht to for!al investi/ation under Ad!inistrative Jrder Do. 12 which includes the ri/ht to appear and defend hi!self in person or b" counsel5 the ri/ht ri/ht to confront the witnesses a/ainst hi! and the ri/ht to co!pulsor" process for the attendance of witnesses and the production of docu!ents. 'hus5 in this case5 where the Secretar" denied the petitioners !otion for a for!al investi/ation and decided the case on the basis of position papers5 the ri/ht f the petitioner was violated 9&oson v. 'orres: $n Salalima . 6uingona, E5* SC9A 55, the SC said that the ad!inistrative investi/ation can proceed even durin/ the pendenc" of an appeal of audit findin/s to the Co!!ission on Audit.
2.
A verified co!plaint a/ainst elective !unicipal officials5 shall be filed before the I sweat, I bleed, I soar Service, Sacrifice, Excellence
Natu(e. Preventive suspension is !erel" a preventive !easure5 a preli!inar" step in an ad!inistrative investi/ation. Pu(pose. 'he purpose of the suspension order is to prevent the accused fro! usin/ his position and the powers and prero/atives of his office to influence potential witnesses or ta!per with records which !a" be vital in the prosecution of the case a/ainst hi!. $f after such investi/ation5 the char/e is established and the person investi/ated is found /uilt" of acts warrantin/ his suspension or re!oval5 then he is suspended5 re!oved or dis!issed. 'his is the penalt". Dot bein/ a penalt"5 the period within which one is under preventive suspension is not considered part of the actual penalt" of suspension. 'hus5 service of the preventive suspension cannot be credited as service of penalt". (Juimbo . 6er acio, 69 '55HEG,G).G(.EGG5/ 2. P(eH(eMuisites. A preventive suspension !a" be i!posed b" the Disciplinar" Authorit" at an" ti!e 9a: after the issues are 3oined i.e. respondent has filed an answerG 9b: when the evidence of /uilt is stron/G and 9c: /iven the /ravit" of the offenses5 there is /reat probabilit" that the respondent5 who continues to hold office5 could influence the witnesses or pose a threat to the safet" and inte/rit" of the records and other evidence. 'hese are the preEre<uisites. #owever5 the failure of respondent to file his% her answer despite several opportunities /iven hi!% her is construed as a waiver of his%
()2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA the evidence of /uilt should be stron/5 and 9a: the char/e a/ainst the officer or e!plo"ee should involve dishonest"5 oppression or /rave !isconduct or ne/lect in the perfor!ance of dut"G 9b: the char/es should warrant re!oval fro! the serviceG or 9c: the respondent@s continued sta" in office would pre3udice the case filed a/ainst hi!%her. 'he J!buds!an can i!pose the >E!onth preventive suspension on all public officials5 whether elective or appointive5 who are under investi/ation. Jn the other hand5 in i!posin/ the shorter period of si7t" 9>C: da"s of preventive suspension under the ())( Local Govern!ent Code on an elective local official 9at an" ti!e after the issues are 3oined:5 it would be enou/h that 9a: there is reasonable /round to believe that the respondent has co!!itted that act or acts co!plained of5 9b: the evidence of culpabilit" is stron/5 9c: the /ravit" of the offense so warrants5 or 9d: the continuance in office of the respondent could influence the witnesses or pose a threat to the safet" and inte/rit" of the records and other evidence. 9&agad . 6o=oBdadole, 69 'G)G*E, 'E.'E.(5/ W#o &a) i&pose p(e"enti"e suspension. Preventive suspension !a" be i!posed b" the President5 the /overnor5 or the !a"or Has the case !a" beI at an" to!e after the issues are 3oined5 when the evidence of /uilt is stron/5 and /iven the /ravit" of the offense5 there is /reat probabilit" that the continuance in office of the respondent could influence the witnesses or pose a threat to the safet" and inte/rit" of the records and other evidenceG provided that an" sin/le preventive suspension shall not e7tend be"ond >C da"s5 and in the event several ad!inistrative cases are filed a/ainst the respondent5 he cannot be suspended for !ore than )C da"s within a sin/le "ear on the sa!e /round or /rounds e7istin/ and .nown at the ti!e of the first suspension. (. 'he authorit" to preventivel" suspend is e7ercised concurrentl" b" the J!buds!an5 pursuant to ,A >++CG the sa!e law authori0es a preventive suspension of si7 !onths. 9#a/ad v. Go0oEDadole5 ())8: 'he preventive suspension of an elective local official 9in this case the ;a"or of San -ernando5 ,o!blon: b" the Sandi/naba"an on a char/e of violation of ,A 2C()5 shall li.ewise be onl" for a period of >C da"s5 not )C da"s5 consistent with Section >25 ,A +(>C5 which provides that Aan" sin/le preventive suspension of local elective officials shall not e7tend be"ond >C da"s.B 9,ios v. Sandi/anba"an5 ())+: 1. 4pon e7piration of the preventive suspension5 the respondent shall be dee!ed reinstated in office without pre3udice to the
her ri/ht to present evidence in his% her behalf. $n this situation5 a preventive suspension !a" be i!posed even if an answer has not been filed. 9;oson . !orres, 69 '4'E55, G5.EG.()/
&.
Section >2 of the Local Govern!ent Code which provides for a >C da" !a7i!u! period for preventive suspension for a sin/le office does not /overn preventive suspensions i!posed b" the J!buds!an5 which is a constitutionall" created office and independent fro! the E7ecutive branch of /overn!ent. 'he J!buds!an@s power of preventive suspension is /overned b" ,epublic Act Do. >++C otherwise .nown as A'he J!buds!an Act of ()*)B. 4nder the Act5 the preventive suspension shall continue until the case is ter!inated b" the Jffice of the J!buds!an but not !ore than si7 !onths. (Miranda . Sandiganbayan, 69 '5FG(), G*.E*.EGG5/ 4. 4nder the ())( Local Govern!ent Code5 a sin/le preventive suspension of local elective officials should not /o be"ond >C da"s. 'hus5 the Sandi/anba"an cannot preventivel" suspend a !a"or for )C da"s. 99ios . Sandiganbayan, 69 'E(('4, G(.EH.(*/ %. A !unicipal official placed under preventive suspension b" a san//unian/ panlalawi/an !ust file a !otion for reconsideration before the said san//unian before filin/ a petition for certiorari with the Court of Appeals. Such !otion is a condition sine %ua non before filin/ a petition for certiorari under ,ule >8 of the ())+ ,ules of Civil Procedure5 as a!ended. (-lores . Sangguniang +anlalawigan o# +ampanga, 69 '5(GEE, GE.E4.EGG5/ +. 'here is nothin/ i!proper in placin/ an officer in preventive suspension before char/es a/ainst hi!% her are heard and before he%she is /iven an opportunit" to prove his%her innocence. 'his is allowed so that such officer !a" not ha!per the nor!al course of the investi/ation throu/h the use of his% her influence and authorit". 91spiritu . Melgar, 69 'GG)*F, GE.'4.(E/ /. 'he J!buds!an pursuant to ,epublic Act Do. >++C and the President are both authori0ed to place under preventive suspension errin/ local officials of hi/hl"E urbani0ed cities5 independent cities and provinces. 'he J!buds!an !a" i!pose a lon/er period of preventive suspension than the President !a". $n order to 3ustif" the preventive suspension of a public official under Section 16 of ,epublic Act Do. >++C5
()6
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA elective official onl" b" a court of law. 'he provision of the $!ple!entin/ ,ules and ,e/ulations /rantin/ the disciplinin/ authorit" the power to re!ove an elective local official ad!inistrativel" are invalid. 1. Dote that under Section 6C of the Local Govern!ent Code5 the penalt" of re!oval for! office as a result of an ad!inistrative case shall be a bar to the candidac" of the respondent for an" elective local office. &. $n Salalima . 6uingona, E5* SC9A 55, the SC upheld the i!position of the ad!inistrative penalt" of suspension of not !ore than > !onths for each offense5 provided that the successive serves of the sentence should not e7ceed the une7pired portion of the ter! of the petitioners. 'he suspension did not a!ount to re!oval fro! office. 38. A!&inist(ati"e Appeal Decision !a"5 within 2C da"s fro! receipt thereof5 be appealed to= (. 'he san//unian/ panlalawi/an5 in the case of decision of co!ponent cities@ san//unian/ panlun/sod and san//unian/ ba"anG 2. 'he Jffice of the President5 in the case of decision of the san//unian/ panlalawi/an and the san//unian/ pan/lun/sod of hi/hl" urbani0ed cities and independent co!ponent cities. Decision of the Jffice of the President shall be final and e7ecutor".
continuation of the proceedin/s a/ainst hi!5 which shall be ter!inated within (1C da"s fro! the ti!e he was for!all" notified of the case a/ainst hi!. 2. An" abuse of the e7ercise of the power of preventive suspension shall be penali0ed as abuse of authorit". 3:. Penalt) 9A/ra Dotes:
1.
4nder Section >C of the ())( Local Govern!ent Code5 the penalt" of dis!issal fro! service upon an errin/ local official !a" be declared onl" b" a court of law. 'hus5 Article (169b:5 ,ule S$S of the ,ules and ,e/ulations $!ple!entin/ the Local Govern!ent Code5 which /rants the disciplinar" authorit" the power to re!ove elective local officials5 is a nullit". (+ablico . <illapando, 69 'F*)*G, G*.4'.EGGE/ 2. A san//unian panlalawi/an !a" cause the re!oval of a !unicipal !a"or who did not appeal to the Jffice of the President within the re/le!antar" period the decision re!oval hi!% her fro! office. $f a public official is not re!oved before his% her ter! of office e7pires5 he% she can no lon/er be re!oved if he%she thereafter reEelected for another ter!. 'herefore5 a decision re!ovin/ an elective local official5 which has beco!e final before the election5 constitutes a dis<ualification. (9eyes . Comelec, 69 'EG(G5, G4.G*.(H/ &. 'he President !a" suspend an errin/ provincial elected official who co!!itted several ad!inistrative offenses for an a//re/ate period e7ceedin/ > !onths provided that each ad!inistrative offense5 the period of suspension does not e7ceed the >E !onth li!it. (Salalima . 6uingona, 69 ''*5)(B(E, G5.EE.(H/ 4. Dishonest"5 oppression5 !isconduct in office5 /ross ne/li/ence5 or an offense punishable b" at least prison mayor constitute /rounds for re!oval upon order of the proper court. 9CastilloBCo . 8arbers 69 'E((5E, GH.'H.()/ 'he penalt" of suspension i!posed upon the respondent shall not e7ceed his une7pired ter!5 or a period of > !onths for ever" ad!inistrative offense5 nor shall said penalt" be a bar to the candidac" of the respondent as lon/ as he !eets the <ualifications re<uired for the office. 1. $n +ablico . <illapando, EGGE, it was held that b" virtue of Section >C of the LGC5 which provides that Aan elective local official !a" be re!oved fro! office on /rounds enu!erated above b" order of the proper court5B the penalt" of dis!issal for! the service !a" be i!posed upon an errin/ local I sweat, I bleed, I soar Service, Sacrifice, Excellence
a*
$n Malinao . 9eyes, E55 SC9A H'H, the SC ruled that certiorari will not lie because there is still ade<uate re!ed" available in the ordinar" course of law5 i.e.5 appeal of the decision of the San//unian/ Panlalawi/an to the Jffice of the President.
b*
'hat there is appeal to the Jffice of the President is reiterated in Mendo=a . 7a2ina, EGG4, althou/h in this case5 because the issue raised was purel" le/al5 resort to court was upheld. 'he phrases5 Afinal and e7ecutor"B and Afinal or e7ecutor"B in Sections >+ and >* of the Local Govern!ent Code5 si!pl" !ean that ad!inistrative appeal will not prevent the enforce!ent of the decision. hile the ad!inistrative decision is i!!ediatel" e7ecutor"5 the local elective official !a" nevertheless appeal the adverse decision to the Jffice of the President or the San//unian Panlalawi/an5 as the case !a" be. After all5 if e7onerated on appeal5 he will be paid his salar" an such other e!olu!ents denied hi! durin/ the pendenc" of the appeal.
37. E@ecution Pen!in* Appeal An appeal shall not prevent a decision fro! bein/ e7ecutedG the respondent shall be considered as havin/ been placed under preventive suspension
()8
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA (+( (-alsi#ication by public o##icer, employee or notary or ecclesiastic minister/ and (+1 (-alsi#ication by pri ate indi iduals and use o# #alsi#ied documents/ of the ,evised Penal Code. 'he offender under Article (+1 !ust be a private individual or !a"be a public officer5 e!plo"ee or notar" public who does not Ata.e advanta/e of his official position.B. 4nder Article (+(5 an essential ele!ent of the cri!e is that the act of falsification !ust be co!!itted b" a public officer5 e!plo"ee or notar" who Ata.es advanta/e of his official position.B 'he offender Ata.es advanta/e of his official positionB in falsif"in/ a docu!ent when= 9(: he has the dut" to !a.e or to prepare or otherwise intervene in the preparation of the docu!entG or 91: he has the official custod" of the docu!ent which he falsifies. (Ada=a . Sandiganbayan, 69 '5F))H, G*.E).EGG5/ &. -or purposes of vestin/ 3urisdiction with the Sandi/anba"an5 the local elective official who holds a position of Grade 1+ under the Local Govern!ent Code of ())( !ust have co!!itted the offense char/ed in relation to the office. -or an offense to be co!!itted in relation to the office5 the relation between the cri!e and the office !ust be direct and not accidental5 in that in the le/al sense5 the offense can not e7ist without the office. As an e7ception to this rule5 the Court held that althou/h public office is not an ele!ent of an offense char/ed5 as lon/ as the offense char/ed in the infor!ation is inti!atel" connected with the office and is alle/ed to have been perpetrated while the accused was in the perfor!ance5 thou/h i!proper or irre/ular5 of his% her official functions5 there bein/ no personal !otive to co!!it the cri!e and had the accused would not have co!!itted it had he not held the aforesaid office5 the accused is held to have been indicted for Aan offense co!!itted in relationB to his office. #owever5 even if public office is not an essential ele!ent of the offense of obstruction of 3ustice under Section (9b: of P.D. (*1) but could have been co!!itted had said !a"or not held the office of the !a"or5 said official is sub3ect to the 3urisdiction of the Sandi/anba"an. 'he !a"or in the course of his% her dut" as ;a"or5 who is tas.ed to e7ercise /eneral and operational control and supervision over the local police forces5 used his% her influence5 authorit" and office to call and co!!and !e!bers of the !unicipal police. 99odrigue= . Sandiganbayan, 69 'F'*'G, G4.G4.EGGF/ 4. 'he Sandi/anba"an has ori/inal 3urisdiction over a !e!ber of the San//unian/ Panlun/sod5 who was char/ed
durin/ the pendenc" of the appeal. But in 8erces . 12ecuti e Secretary, EF' SC9A 54G, the SC pointed out the Ad!inistrative Jrder Do. (* authori0es the Jffice of the President to sta" the e7ecution of a decision pendin/ appeal. Ad!inistrative Jrder Do. (* was not repealed b" the Local /overn!ent Code. 36. 4u(is!iction of San!i*an a)an (. -or an offense to fall under the e7clusive ori/inal 3urisdiction of the Sandi/anba"an5 the followin/ re<uisites !ust concur= 9(: the offense co!!itted is a violation of 9a: ,.A. 2C()5 as a!ended 9the AntiEGraft and Corrupt Practices Act:5 9b: ,.A. (2+) 9the law on illE/otten wealth:5 9c: Chapter $$5 Section 15 'itle V$$5 Boo. $$ of the ,evised Penal Code 9the law on briber":5 9d: E7ecutive Jrder Dos. (5 15 (6 and (6E A5 issued in ()*> 9se<uestration cases:5 or 9e: other offenses or felonies whether si!ple or co!ple7ed with other cri!esG 91: the offender co!!ittin/ the offenses in ite!s 9a:5 9b:5 9c: and 9e: is a public official or e!plo"ee holdin/ an" of the positions enu!erated in para/raph A of Section 6G and 92: the offense co!!itted is in relation to the office. 'hus5 for the Sandi/anba"an to have e7clusive 3urisdiction5 it is essential that the facts showin/ the inti!ate relation between the office of the offender5 a !a"or who holds a salar" /rade level 1+5 and the dischar/e of official duties be alle/ed in the infor!ation. 'he 3urisdiction of a court is deter!ined b" the alle/ations in the co!plaint or infor!ation5 and not b" the evidence presented b" the parties at the trial. $t does not thus suffice to !erel" alle/e in the infor!ation that the cri!e char/ed was co!!itted b" the offender in relation to his office or that he too. advanta/e of his position as these are conclusions of law. 'he specific factual alle/ations in the infor!ation that would indicate the close inti!ac" between the dischar/e of the offender@s official duties and the co!!ission of the offense char/ed5 in order to <ualif" the cri!e as havin/ been co!!itted in relation to public office are controllin/. (Ada=a . Sandiganbayan, 69 '5F))H, G*.E).EGG5/ 2. -or purposes of ac<uisition of 3urisdiction b" the Sandi/anba"an5 the re<uire!ent i!posed b" ,epublic Act Do. *16) that the offense be Aco!!itted in relationB to the offender@s office is entirel" distinct fro! the concept of Ata.in/ advanta/e of one@s positionB as provided under Articles
()>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
Provincial Governor. 9Di!aandal v. CJA5 1)( SC,A 211:
with violation of Section 29e: of the AntiEGraft and Corrupt Practices Act. Violation of ,epublic Act Do. 2C() co!!itted b" officials in the e7ecutive branch with Salar" Grade 1+ or hi/her5 and the officials specificall" enu!erated in 9a: to 9/: of Section 6 a.9(: of P.D. Do. (>C>5 as a!ended b" Section 1 of ,ep. Act Do. +)+85 re/ardless of their salar" /rades5 such as provincial and cit" elective officials5 li.ewise fall within the ori/inal 3urisdiction of the Sandi/anba"an. (Inding . Sandiganbayan, 69 'F4GF*, G*.'F.EGGF/ 2J. Effect of ReHelection 'he reEelection of a local official bars the continuation of the ad!inistrative case a/ainst hi!5 inas!uch as the reEelection of the official is tanta!ount to condonation b" the people of whatever past !isdeeds he !a" have co!!itted. 9;alinao v. ,e"es5 188 SC,A >(>:
$n 7ingating . Comelec, EGGE, the respondent ;a"or5 havin/ been found /uilt" of the ad!inistrative char/es and ordered re!oved fro! office5 had seasonabl" filed a !otion for reconsideration with the San//unian Panlalawi/an5 and no action on his !otion was ta.en5 then the decision of the San//unian Panlalawi/an never beca!e final. After the respondent was reEelected5 he !a" no lon/er be re!oved fro! office for the ad!inistrative offense.
2. Officials co&&on to all Municipalities' Cities an! P(o"inces 9,A +(>C5 Section 6>)E6)C:
(. Secretar" to the San//unian 1. 'reasurer 2. Assessor 6. Accountant 8. Bud/et Jfficer >. Plannin/ and Develop!ent Coordinator +. En/ineer *. #ealth Jfficer ). Civil ,e/istrar (C. Ad!inistrator ((. Le/al Jfficer (1. A/riculturist (2. Social elfare and Develop!ent Jfficer (6. Environ!ent and Datural ,esources Jfficer (8. Architect (>. $nfor!ation Jfficer (+. Cooperatives Jfficer (*. Population Jfficer (). Veterinarian 1C. General Services Jfficer HDote= $n the baran/a"5 the !andated appointed officials are the Baran/a" Secretar" and the Baran/a" 'reasurer5 althou/h other officials of the baran/a" !a" be appointed b" the punon/ baran/a".I
D. Appointi"e Local Officials 3. Responsi ilit) fo( #u&an (esou(ces an! !e"elop&ent 'he local chief e7ecutive shall be responsible for hu!an resources and develop!ent in his unit and shall ta.e all personnel actions in accordance with the Constitution5 pertinent laws5 includin/ such policies5 /uidelines and standards as the Civil Service Co!!ission !a" establishG Provided that the local chief e7ecutive !a" e!plo" e!er/enc" or casual e!plo"ees or laborer paid on a dail" wa/e or piecewor. basis and hired throu/h 3ob orders for local pro3ects authori0ed b" the san//unian concerned5 without need of approval or attestation b" the Civil Service Co!!ission5 as lon/ as the said e!plo"!ent shall not e7ceed > !onths.
a*
$n :e 9ama . CA, EGG', it was held that the constitutional prohibition on soEcalled !idni/ht appoint!ents specificall" those !ade within two !onths i!!ediatel" prior to the ne7t presidential elections5 applies onl" to the President or to Actin/ President. 'here is no law that prohibits local elective officials fro! !a.in/ appoint!ents durin/ the last da"s of their tenure absent fraud on their part5 when such appoint!ents are not tainted b" irre/ularities or ano!alies which breach laws and re/ulations /overnin/ appoint!ents. 'he Provincial Governor is without authorit" to desi/nate the petitioner as Assistant Provincial 'reasurers fro! a list of reco!!endees of the
G. A!&inist(ati"e Discipline $nvesti/ation and ad3udication of ad!inistrative co!plaints a/ainst appointive local officials and e!plo"ees as well as their suspension and re!oval shall be in accordance with the civil service law and rules and other pertinent laws. a* Preventive Suspension. 'he local chief e7ecutive !a" preventivel" suspend for a period not e7ceedin/ >C da"s an" subordinate official or e!plo"ee under his authorit" pendin/ investi/ation if the char/e a/ainst such official or e!plo"ee involves dishonest"5 oppression or /rave !isconduct or ne/lect in the perfor!ance of dut"5 or if there is reason to believe that the respondent is /uilt" of the char/es which would warrant his re!oval fro! the service. b* Disciplinar" &urisdiction. E7cept as otherwise provided b" law5 the local chief e7ecutive !a" i!pose the penalt" of re!oval fro! service5 de!otion in ran.5 suspension for not !ore than ( "ear without pa"5 fine in an a!ount not e7ceedin/ > !onths@ salar"5 or repri!and. $f the penalt" i!posed is suspension without pa" for not !ore than 2C da"s5 his decision shall be finalG if the penalt" i!posed is heavier5 the decision shall be appealable to the CSC which shall decide the appeal within 2C da"s fro! receipt thereof.
#owever5 it is not the Cit" ;a"or5 but the Cit" 'reasurer who e7ercises disciplinar" authorit" over a Cit" ,evenue Jfficer. As head of the Jffice of the 'reasurer5 and ,evenue Jfficer
b*
()+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA B. P(esi!entLs /ene(al Supe("ision
bein/ an officer under hi!5 the for!er !a" validl" investi/ate the said ,evenue Jfficer and place hi! under preventive suspension. 9Garcia v. Pa3aro5 1CC1:
VII. Autono&ous Re*ions
Section 3:. 'he President shall e7ercise /eneral supervision over autono!ous re/ions to ensure that laws are faithfull" e7ecuted.
NOTE% As of this writin/5 onl" one autono!ous re/ion5 that of ;usli! ;indanao5 has been established. 9'he Jr/anic Act for the autono!ous re/ion of the Cordilleras failed to obtain the necessar" nu!ber of votes because onl" one province approved the Jr/anic Act. An autono!ous re/ion !ust have at least two provinces. $t is however5 still possible for an Jr/anic Act for the Cordilleras to be approved at so!e future date.:
C. Powe(s Not /i"en to Autono&ous Re*ions
Section 38. All powers5 functions5 and responsibilities not /ranted b" this Constitution or b" law to the autono!ous re/ions shall be vested in the Dational Govern!ent.
A(ticle I Section 3B. 'here shall be created autono!ous re/ions in ;usli! ;indanao and in the Cordilleras consistin/ of provinces5 cities5 !unicipalities5 and /eo/raphical areas sharin/ co!!on and distinctive historical and cultural herita/e5 econo!ic and social structures5 and other relevant characteristics within the fra!ewor. of this Constitution and the national soverei/nt" as well as territorial inte/rit" of the ,epublic of the Philippines.
So&e of t#e powe(s w#ic# a(e NOT *i"en to autono&ous (e*ions% (. 1. 2. 6. &urisdiction over national defense and securit"G -orei/n relations and forei/n tradeG Custo!s and tariff5 <uarantine Currenc"5 !onetar" affairs5 forei/n e7chan/e5 ban.in/ and <uasiEban.in/5 e7ternal borrowin/G Posts and co!!unicationsG Air and sea transport $!!i/ration and deportationG Citi0enship and naturali0ationG General auditin/.
A. Reasons Be#in! t#e C(eation of Autono&ous Re*ions
(.
'he creation of a situation which will allow each culture to flourish unha!pered b" the do!inance of other cultures and thereb" to contribute !ore effectivel" to national pro/ress. 'o furnish possible solution to the re/ional conflicts that have arisen partl" fro! cultural diversit".>++
8. >. +. *. ).
2.
D. Enact&ent of O(*anic Autono&ous Re*ion
ActsK
C(eation
of
.% $s an autono!ous re/ion an independent nation within the nationR A% Do5 an autono!ous re/ion is or/ani0ed Awithin the fra!ewor. of this Constitution and the national soverei/nt".B>+*
Section 37. 'he Con/ress shall enact an or/anic act for each autono!ous re/ion with the assistance and participation of the re/ional consultative co!!ission co!posed of representatives appointed b" the President fro! a list of no!inees fro! !ultiE sectoral bodies. 'he or/anic act shall define the basic structure of /overn!ent for the re/ion consistin/ of the e7ecutive depart!ent and le/islative asse!bl"5 both of which shall be elective and representative of the constituent political units. 'he or/anic acts shall li.ewise provide for special courts with personal5 fa!il"5 and propert" law 3urisdiction consistent with the provisions of this Constitution and national laws. 'he creation of the autono!ous re/ion shall be effective when approved b" !a3orit" of the votes cast b" the constituent units in a plebiscite called for the purpose5 provided that onl"
+//
,ernas Primer at 4&& (2##+ ed.* +/2 ,ernas Primer at 4&4 (2##+ ed.*
()*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
provinces5 cities5 and /eo/raphic areas votin/ favorabl" in such plebiscite shall be included in the autono!ous re/ion. Natu(e of O(*anic Act. 'he Jr/anic Act itself in le/al cate/or" is a statute. #owever5 it is !ore than an ordinar" statute because it en3o"s affir!ation b" a plebiscite. #ence5 its provision cannot be a!ended b" ordinar" statute. 9Pandi v. CA5 1CC1:
Section 36. 'he first Con/ress elected under this Constitution shall5 within ei/hteen !onths fro! the ti!e of or/ani0ation of both #ouses5 pass the or/anic acts for the autono!ous re/ions in ;usli! ;indanao and the Cordilleras.
2. C(eation of Autono&ous Re*ion 3. Enact&ent of O(*anic Acts As preli!inar" step towards the establish!ent of the autono!ous re/ions5 Con/ress is co!!anded to for!ulate an Jr/anic Act for each of the two. 'he Constitution co!!ands the Con/ress to enact an Jr/anic Act which will be the funda!ental law of the re/ions. 'he enact!ent of the Jr/anic Act does not "et create the autono!ous re/ion. 'he creation of the autono!ous re/ions ta.es place onl" w#en t#e Or#anic Act is ratifie! Ab" a !a3orit" of the votes cast b" the constituent units in a plebiscite called for the purpose.B
.% hat law will be the charter of the autono!ous re/ionsR A% 'heir charter will be the Or#anic Act which will be passed b" Con/ress in the !anner and accordin/ to the substantive specifications contained in Section (*.
.%-or the effective creation of the auto!ous re/ion is it re<uired that the total votes cast in all the units where the plebiscite is called !ust "ield a !a3orit" of affir!ative votesR A% Do. $t is enou/h for the creation of the autono!ous re/ion that so!e Aprovinces5 cities5 and /eo/raphic areasB vote favorabl". $n other words5 as an e7a!ination of the constitutional te7t shows5 for effective ratification it is not necessar" to achieve a Adouble !a3orit".B 9Abbas v. Co!elec5 ()*):
.% $f the first Con/ress fails to pass the Jr/anic Act within (* !onths5 will it no lon/er be able to pass such Act laterR A% Tes. 'he failure of Con/ress to act cannot be allowed to frustrate the clear intent of the electorate. 'he relativel" short period is prescribed in order to e!phasi0e the ur/enc" of creatin/ autono!ous re/ions.
W#at a(eas eco&e pa(t of t#e Autono&ous Re*ion, Jnl" those areas which vote in favor of the Jr/anic Act. And since the Constitution spea.s of Aprovinces5B an autono!ous re/ion has to consist of !ore than one province.
.% hat happens to the political subdivisions which do not vote favorabl"R .% 'he le/alit" of ,A >+265 the Jr/anic Act of ;indanao5 is challen/ed and the plebiscite called in (2 provinces of ;indanao for the ratification of the Jr/anic Act is challen/ed for bein/ ille/al in that aspects of the Jr/anic Act violate the 'ripoli A/ree!ent which is a valid international a/ree!ent. Decide. A% Even if the 'ripoli A/ree!ent were an international a/ree!ent5 the fact would not affect the validit" of the Jr/anic Act. $nternational a/ree!ents as internal law are on the sa!e le/al level as statutes and whichever as between the two5 international a/ree!ent or statute5 co!es later supersedes the other. 9Abbas v. Co!elec5 ()*): A% 'he" re!ain in the ad!inistrative re/ion to which the" belon/. 9Abbas v. Co!elec5 ()*):
.% Can constituent units which vote ne/ativel" in the first plebiscite under this Constitution 3oin the autono!ous re/ion at so!e future ti!eR A% $t is sub!itted that the" !a" throu/h a subse<uent plebiscite.>+)
+/$
,ernas Primer at 4&+ (2##+ ed.*
())
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
A% 'he Constitution should alwa"s prevail. 9-or instance5 the full /a!ut of reli/ious freedo! !ust be reco/ni0ed even in an area where a principal basis for the autono!" is reli/ious ho!o/eneit".: .% Le/islation passed b" the autono!ous re/ions can co!e into conflict with national laws. #ow are such conflicts to be resolvedR A% 'here is no eas" answer as to which would prevail. 'he !atter necessitates the serious wei/hin/ of the values. $t !a" even involve ad3ust!ent of national laws in order to acco!!odate the constitutional desire for local autono!" in its various aspects. 9And indeed conflict will al!ost naturall" have to be e7pected because national laws are /enerall" a reflection of the nationall" predo!inant culture. But5 althou/h Section 1C sa"s that local le/islative power should be sub3ect to national laws5 national laws the!selves are sub3ect to the Constitution one of those state policies is to ensure the autono!" of local /overn!ents.: Conflicts can also arise in the application of local laws. 'his can be particularl" crucial in the case of personal and propert" laws for those belon/in/ to autono!ous re/ions but actin/ outside the autono!ous territor" and also for those who do not belon/ to autono!ous re/ions but are actin/ within autono!ous territor". 'hus5 conflict of law principles could develop could develop within our one national !unicipal law. .% $s the enu!eration in Section 1C e7haustive of what the Jr/anic Act !a" /ive to the autono!ous re/ionsR A% Do. See Section (+. 'he enu!eration in Section 1C is intended as a political si/nal that indeed the Constitution ta.es the !atter of re/ional autono!" seriousl".
.% ;a" the Province of $fu/ao5 which was the onl" province which voted for a Cordillera Autono!ous ,e/ion5 constitute the Cordillera Autono!ous ,e/ionR A% Do5 the Constitution sa"s that an autono!ous re/ion shall consists of provinces5 cities and !unicipalities5 and therefore5 not 3ust on province. 9Jrdillo v. Co!elec5 ())C:
.% Can a tribal court of the Cordillera Bodon/ Ad!inistration render a valid e7ecutor decision in a land disputeR A% Do. $n the &anuar" 2C5 ())C plebiscite5 the creation of the Cordillera Autono!ous ,e/ion was re3ected b" all the provinces and cit" of Cordillera re/ion e7cept $fu/ao province5 hence the Cordillera Autono!ous ,e/ion did not co!e to be. #ence5 no autono!ous re/ion was created. As a lo/ical conse<uence of that5 the Cordillera Bodon/ Ad!inistration created under EJ 11C as well as the indi/enous and special courts for the indi/enous cultural co!!unities of the Cordillera re/ion do not e7ist. ASuch tribal courts are not a part of the Philippine &udicial s"ste!. 'he" do not posses 3udicial power. Li.e the pangkats or conciliation panels created b" PD (8C* in the baran/a"s5 the" are advisor" and conciliator" bodies whose principal ob3ective is to brin/ to/ether parties to a dispute and persuade the! to !a.e peace5 settle5 and co!pro!iseB 9Spouses Badua v. Cordillera Bodon/ Ad!inistration5 ())(:
E. Peace an! O(!e(' Defense an! National Secu(it)

Section 23. 'he preservation of peace and order within the re/ions shall be the responsibilit" of the local police a/encies which shall be or/ani0ed5 !aintained5 supervised5 and utili0ed in accordance with applicable laws. 'he defense and securit" of the re/ions shall be the responsibilit" of the Dational Govern!ent.
D. Enu&e(ate! Powe(s of Autono&ous Re*ion Section 1( !a.es a distinction between the proble! of internal peace and order and the proble! of national defense and securit". 'he for!er5 understood as the proble! of ordinar" cri!inalit" which should nor!all" be the concern of police authorities5 is the responsibilit" of the local police a/encies. #owever5 the or/ani0ation5 !aintenance5 and supervision of police a/encies !a" in certain circu!stances be be"ond the capabilities of local /overn!ents. $n such instances5 the President5 as Co!!anderEinEChief !a" order the ar!ed forces into the autono!ous re/ion to perfor! whatever !a" be necessar". As to national defense and securit"5 that is5 as to dealin/ with threats to the stabilit"5 inte/rit"5 and survival of the nation5 this clearl" is the pri!ar" responsibilit" of the national /overn!ent.
Section 2J. ithin its territorial 3urisdiction and sub3ect to the provisions of this Constitution and national laws5 the or/anic act of autono!ous re/ions shall provide for le/islative powers over= 9(: Ad!inistrative or/ani0ationG 91: Creation of sources of revenuesG 92: Ancestral do!ain and natural resourcesG 96: Personal5 fa!il"5 and propert" relationsG 98: ,e/ional urban and rural plannin/ develop!entG 9>: Econo!ic5 social5 and touris! develop!entG 9+: Educational policiesG 9*: Preservation and develop!ent of the cultural herita/eG and 9): Such other !atters as !a" be authori0ed b" law for the pro!otion of the /eneral welfare of the people of the re/ion. .% Le/islation passed b" the autono!ous re/ions can co!e into conflict with the Constitution. #ow are such conflicts to be resolvedR
1CC
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
3urisdiction. $f the /overnor or the cit" or !unicipal !a"or fails to act on said e7ecutive orders within 2C da"s fro! sub!ission5 the sa!e shall be dee!ed consistent with law and therefore valid.
VIII. Inte(H/o"e(n&ental Relations:7J A. National /o"e(n&ent 3. Powe( of /ene(al Supe("ision 'he President shall e7ercise /eneral supervision over local /overn!ent units to ensure that their acts are within the scope of their prescribed powers and functions. 'he President shall e7ercise supervisor" authorit" directl" over provinces5 hi/hl" urbani0ed cities and independent co!ponent citiesG throu/h the province with respect to co!ponent cities and !unicipalitiesG and throu/h the cit" and !unicipalit" with respect to the baran/a"s. 2. Enact&ent of O(*anic Acts Dational a/encies and offices with pro3ect i!ple!entation functions shall coordinate with one another and with the local /overn!ent units concerned in the dischar/e of these functions. 'he" shall ensure the participation of local /overn!ent units both in the plannin/ and the i!ple!entation of said national pro3ects. G. Enact&ent of O(*anic Acts Do pro3ect or pro/ra! shall be i!ple!ented b" /overn!ent authorities unless the consultations !entioned in Sections 19c: and 1> are co!plied with5 and prior approval of the san//unian concerned is obtainedG Provided5 that occupants in areas where such pro3ects are to be i!ple!ented shall not be evicted unless appropriate relocation sites have been provided. B. P#ilippine National Police 'he e7tent of operational supervision and control of local chief e7ecutives over the police force5 fire protection unit and 3ail !ana/e!ent personnel assi/ned in their respective 3urisdictions shall be /overned b" the provisions of ,A >)+85 otherwise .nown as the AD$LG Act of ())C.B C. Inte(H*o"e(n&ental Relations (. 'he province5 throu/h the /overnor5 shall ensure that ever" co!ponent cit" and !unicipalit" within its territorial 3urisdiction acts within the scope of its prescribed powers and functions. #i/hl" urbani0ed cities and independent co!ponent cities shall be independent of the province.
E7cept as otherwise provided under the Constitution and special statutes5 the /overnor shall review all e7ecutive orders pro!ul/ated b" the co!ponent cit" or !unicipal !a"or within his 3urisdiction. 'he cit" or !unicipal !a"or shall review all e7ecutive orders pro!ul/ated b" the punon/ baran/a" within his
+2#
1.
2.
6.
$n the absence of the le/al officer5 the !unicipal /overn!ent !a" secure the opinion of the provincial le/al officer5 and in the absence of the latter5 that of the provincial prosecutor on an" le/al <uestion affectin/ the !unicipalit". 'he cit" or !unicipalit"5 throu/h the cit" or !unicipal !a"or5 shall e7ercise /eneral supervision over co!ponent baran/a"s to ensure that said baran/a"s acts within the scope of their prescribed powers and functions. Local /overn!ent units !a"5 throu/h appropriate ordinances5 /roup the!selves5 consolidate or coordinate their efforts5 services and resources for purposes co!!onl" beneficial to the!. $n support of such underta.in/s5 the local /overn!ent units !a"5 upon approval b" the san//unian after a public hearin/ conducted for the purpose5 contribute funds5 real estate5 e<uip!ent5 and other .inds of propert" and appoint or assi/n personnel under such ter!s and conditions as !a" be a/reed upon b" th participatin/ local units.
D. PeopleLs an! NonH/o"e(n&ental O(*aniFations (. Local /overn!ent units shall pro!ote the establish!ent and operation or people@s and nonE/overn!ental or/ani0ations to beco!e active partners in the pursuit of local autono!". Local /overn!ent units !a" enter into 3oint ventures and such other cooperative arran/e!ents with people@s and nonE /overn!ental or/ani0ations to en/a/e in the deliver" o certain basic services5 etc. A local /overn!ent unit !a"5 throu/h its local chief e7ecutive and with the concurrence of the san//unian concerned5 provide assistance5 financial or otherwise5 to such people@s and nonE/overn!ental or/ani0ations for econo!ic5 sociall"Eoriented5 environ!ental or cultural pro3ects to be i!ple!ented within its territorial 3urisdiction.
1.
2.
E. Man!ate! Local A*encies (. 'he Local School Board 9Sections )*E(C(:

'he SC held that the Special Education -und 9SE-: !a" be used for the pa"!ent of salaries and personnelErelated benefits of the teachers appointed b" the province in connection with the establish!ent and !aintenance of e7tension classes and operation and !aintenance of public schools. #owever5 the fund !a" not be used to defra" e7penses for colle/e scholarship /rants. 'he /rant of /overn!ent scholarship to poor but
Antonio :achura, ;utline on Political "aw, +#& (2##+*
1C(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
b" ,A +>)(5 it should be the ,'C in the province that can ad3udicate the controvers". After all5 ,'C has /eneral 3urisdiction to ad3udicate all controversies5 e7cept onl" those withheld fro! its plenar" powers. 9;unicipalit" of Manan/a v. ;adrona5 1CC2:
deservin/ students was o!itted in Sections (CC9c: and 1+1 of the Local Govern!ent. 9CJA of Cebu v. Province of Cebu5 1CC(:
1. 2. 6.
'he Local #ealth Board 9Section (C1E(C8: 'he Local Develop!ent Council 9Sections (C>E((8: 'he Local Peace and Jrder Council 9Section ((>:
4.
-. Settle&ent of Boun!a() Disputes (. Boundar" disputes between and a!on/ local /overn!ent units shall5 as !uch as possible5 be settled a!icabl". 'he rules on settle!ent of disputes are= a* $nvolvin/ two or !ore baran/a"s in the sa!e cit" or !unicipalit"= referred to the san//unian/ panlun/sod or sa//unian/ ba"an. b: $nvolvin/ two or !ore !unicipalities in the sa!e province= referred to the san//unian panlalawi/an.
'he SC declared that the ,'C was correct when it ordered a relocation surve" to deter!ine to which !unicipalit" the baran/a" belon/ed. 'he a/ree!ent between the !unicipalities of &i!ene0 and Sinacaban which was approved b" the San//unian Panlalawi/an is invalid as it would effectivel" a!end EJ 18* 9creatin/ the !unicipalit" of Sinacaban:. 'he power of the San//unian/ Panlalawi/an to settle boundar" disputes is li!ited to i!ple!entin/ the law creatin/ the !unicipalit"G and an" alteration of boundaries not in accordance with the law would e7ceed this authorit".
'he i!portance of drawin/ with precise stro.es the territorial boundaries of a local unit of /overn!ent cannot be overe!phasi0ed. 'he boundaries !ust be clear for the" define the li!its of the territorial 3urisdiction of the local /overn!ent unit. $t can le/iti!atel" e7ercise powers of /overn!ent onl" within the li!its of its territorial 3urisdiction. Be"ond these li!its5 its acts are ultra ires. Deedless to state5 an" uncertaint" in the boundaries of local /overn!ent units will sow costl" conflicts in the e7ercise of /overn!ent power which ulti!atel" will pre3udice the people@s welfare. 9;ariano v. Co!elec:
2.
2.
$nvolvin/ !unicipalities or co!ponent cities in different provinces= 3ointl" referred to the san//unians of the provinces concerned. d: $nvolvin/ a co!ponent cit" or !unicipalit" on one hand and a hi/hl" urbani0ed cit" on the other5 or two or !ore hi/hl" urbani0ed cities= 3ointl" referred to the respective san//unians of the parties. $n the event the san//unian fails to effect a settle!ent within >C da"s fro! the date the dispute was referred to it5 it shall issue a certification to this effect. 'he dispute shall then be for!all" tried b" the san//unian concerned which shall decide the issue within >C da"s fro! the date of certification. ithin the ti!e and !anner prescribed b" the ,ules of Court5 an" part" !a" elevate the decision of the san//unian concerned to the proper ,'C havin/ 3urisdiction over the area in dispute which shall decide the appeal within ( "ear for! the filin/ thereof.
$nas!uch as Section ((* of the Local Govern!ent Code does not provide for the office or the a/enc" vested with the 3urisdiction over the settle!ent of boundar" disputes between a !unicipalit" and an independent co!ponent cit" in the sa!e province5 under BP (1)5 as a!ended
c*
BAR .$ESTION D2JJBE% Boundar" Dispute ,esolutionG LG4G ,'C@s &urisdiction F .%'here was a boundar" dispute between Duenas5 a !unicipalit"5 and Passi5 an independent co!ponent cit"5 both of the sa!e province. State how the two local /overn!ent units should settle their boundar" dispute. 98U: Su**este! Answe(= Boundar" disputes between local /overn!ent units should5 as !uch as possible5 be settled a!icabl". After efforts at settle!ent fail5 then the dispute !a" be brou/ht to the appropriate ,e/ional 'rial Court in the said province. Since the Local Govern!ent Code is silent as to what bod" has e7clusive 3urisdiction over the settle!ent of boundar" disputes between a !unicipalit" and an independent co!ponent cit" of the sa!e province5 the ,e/ional 'rial Courts have /eneral 3urisdiction to ad3udicate the said controvers". 9;un. of Manan/a v. ;adrona5 G.,. Do. (6(2+85 April 2C5 1CC2: II. Local Initiati"e an! Refe(en!u& A. Local Initiati"e 3. Definition of Local Initiati"e $t is the le/al process whereb" the re/istered voters of a local /overn!ent unit !a" directl" propose5 enact or a!end an" ordinance. $t !a" be e7ercised b" all re/istered votes or the provinces5 cities5 !unicipalities and baran/a"s. 2. P(oce!u(e a: Dot less than 15CCC re/istered voters in the re/ion= (5CCC re/istered voters in case of provinces and citiesG (CC voters in case of !unicipalities5 and 8C in case of baran/a"s5 !a" file a petition with the san//unian concerned proposin/ the adoption5 enact!ent5
1C1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA those a/ainst such action !a"5 if the" so desire5 appl" for initiative in the !anner herein provided. On t#e San**unian An" proposition or ordinance approved throu/h an initiative and referendu! shall not be repealed5 !odified or a!ended b" the san//unian within > !onths fro! the date of approval thereof5 and !a" be a!ended5 !odified or repealed within 2 "ears thereafter b" a vote of \ of all its !e!bers. $n case of baran/a"s5 the period shall be (* !onths after the approval thereof. B. Local Refe(en!u&
repeal or a!end!ent of an ordinance. ),A >+285 Section (2: b: $f no favorable action is ta.en b" the san//unian concerned within 2C da"s for! presentation5 the proponents5 throu/h their dut" authori0ed and re/istered representatives5 !a" invo.e their power of initiative5 /ivin/ notice thereof to the san//unian concerned. c: 'he prposition shall be nu!bered seriall"5 startin/ fro! nu!eral $. 'wo or !ore propositions !a" be sub!itted in an initiative. 'he Co!elec or its desi/nated representative shall e7tend assistance in the for!ulation of the proposition. d: Proponents shall have )C da"s Hin case of provinces and citiesI5 >C da"s Hin case of !unicipalitiesI5 and 2C da"s Hin case of baran/a"sI fro! notice !entioned in 9b: to collect the re<uired nu!ber of si/natures. e: 'he petition shall be si/ned before the election re/istrar or his desi/nated representative5 and in the presence of a representative of the proponent and a representative of the san//unian concerned in a public placein the local /overn!ent unit. f: 4pon the lapse of the period5 the Co!elec shall certif" as to whether or not the re<uired nu!ber of si/natures has been obtained. -ailure to obtain the re<uired nu!ber of si/natures defeats the proposition. /: $f the re<uired nu!ber is obtained5 the Co!elec shall set a date for the initiative durin/ which the proposition is sub!itted to the re/istered voters in the local /overn!ent unit for their approval within >C da"s Hin case of provincesI5 68 da"s Hin case of !unicipalitiesI5 and 2C da"s Hin case of baran/a"sI fro! the date of certification b" the Co!elec. 'he initiative shall be held on the date set5 after which the results thereof shall be certified and proclai!ed b" the Co!elec. h: $f the proposition is approved b" a !a3orit" of the votes cast5 it shall ta.e effect (8 da"s after certification b" the Co!elec as if affir!ative action had been ta.en thereon b" the san//uninan and local chief e7ecutive concerned. G. Li&itations On Local Initiati"e% i. 'he power of local initiative shall not be e7ercised !ore than once a "ear. ii. $nitiative shall e7tend onl" to sub3ects or !atters which are within the le/al powers of the san//unian to enact. iii. $f at an" ti!e before the initiative is held5 the san//unian concerned adopts in toto the proposition presented and the local chief e7ecutive approves the sa!e5 the initiative shall be cancelled. #owever5
1.
1.
Definition of Local Refe(en!u&. 'he le/al process whereb" the re/istered voters of the local /overn!ent units !a" approve5 a!end or re3ect an" ordinance enacted b" the san//unian. 'he local referendu! shall be held under the control and direction of the Co!elec within >C da"s Hin case of provincesI5 68 da"s Hin case of !unicipalitiesI and 2C da"s Hin case of baran/a"sI. 'he Co!elec shall certif" and proclai! the results of the said referendu!.
C. Aut#o(it) of Cou(ts Dothin/ in the fore/oin/ shall preclude the proper courts fro! declarin/ null and void an" proposition approved pursuant hereto for violation of the Constitution or want of capacit" of the san//unian concerned to enact said !easure. (9ead Case :igests in +ages F5EB5GE o# ;acks Compendium (EGGH//
1C2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA b. B" valid statutor" enact!ents 9e./. Jffice of the $nsurance Co!!issioner: B" authorit" of law 9e./. Davide Co!!ission:>*1
A(ticle II ACCO$NTABILITC O- P$BLIC O--ICERS

I& S,A,EMEN, O+ PO.IC/ 9Section (: II& IMPEACHMEN, 9Sections 1 O 2: III& SANDI6AN)A/AN 9Section 6: IV& OM)?DSMAN 9Section 85>5*E(6: V& SPECIA. PROSEC?,OR 9Section +: VI& I..;6O,,EN WEA.,H 9Section (8: VII& RES,RIC,ION ON .OANS9Section (>: VIII&,RANSPARENC/ R?.E 9Section (+: I0& A..E6IANCE ,O ,HE S,A,E AND ,HE CONS,I,?,ION 9Section (*:
I. State&ent of Polic)
Section 3. Public office is a public trust. Public officers and e!plo"ees !ust5 at all ti!es5 be accountable to the people5 serve the! with ut!ost responsibilit"5 inte/rit"5 lo"alt"5 and efficienc"G act with patriotis! and 3ustice5 and lead !odest lives.
c.
B. Pu lic Office( A person who holds a public office.>*2 C. Pu lic Office as Pu lic T(ust
A" hat is !eant b" Apublic office is a public trustBR A" 'he basic idea of /overn!ent in the Philippines is that of a representative /overn!ent the officers bein/ !ere a/ents and not rulers of the peopleK where ever" officer accepts office pursuant to the provisions of law and holds the office as a trust for the people who! he represents. 9&ustice ;alco! in Corne3o v. Gabriel5 6( Phil (**5 ()1C:>*6 .% hat does the co!!and to lead !odest lives entailR A% Even if the public officer is independentl" wealth"5 he should not live in a !anner that flaunts wealth. >*8
II. I&peac#&ent
Section 2. 'he President5 the ViceEPresident5 the ;e!bers of the Supre!e Court5 the ;e!bers of the Constitutional Co!!issions5 and the J!buds!an !a" be re!oved fro! office on i!peach!ent for5 and conviction of5 culpable violation of the Constitution5 treason5 briber"5 /raft and corruption5 other hi/h cri!es5 or betra"al of public trust. All other public officers and e!plo"ees !a" be re!oved fro! office as provided b" law5 but not b" i!peach!ent. Section G. 9(: 'he #ouse of ,epresentatives shall have the e7clusive power to initiate all cases of i!peach!ent. 91: A verified co!plaint for i!peach!ent !a" be filed b" an" ;e!ber of the #ouse of ,epresentatives or b" an" citi0en upon a resolution or endorse!ent b" an" ;e!ber thereof5 which shall be included in the Jrder of Business within ten session da"s5 and referred to the proper Co!!ittee within three session da"s thereafter. 'he Co!!ittee5 after hearin/5 and b" a !a3orit" vote of all its ;e!bers5 shall sub!it its report to the #ouse within si7t" session da"s fro! such referral5 to/ether with the correspondin/ resolution. 'he resolution shall be calendared for consideration b" the #ouse within ten session da"s fro! receipt thereof. 92: A vote of at least oneEthird of all the ;e!bers of the #ouse shall be necessar" either to affir! a favorable resolution with the Articles of $!peach!ent of the Co!!ittee5 or override its contrar" resolution. 'he vote of each ;e!ber shall be recorded.
A. Pu lic Office 3. Definition 'he ri/ht5 authorit" or dut"5 created and conferred b" law5 b" which for a /iven period5 either fi7ed b" law or endurin/ at the pleasure of the creatin/ power5 an individual is invested with so!e soverei/n power of /overn!ent to be e7ercised b" hi! for the benefit of the public. 9-ernande0 v. Sto. 'o!as5 ())8: 2. Ele&ents (. Created b" law or b" authorit" of lawG 1. Possess a dele/ation of a portion of the soverei/n powers of /overn!ent5 to be e7ercised for the benefit of the publicG 2. Powers conferred and duties i!posed !ust be defined5 directl" or i!pliedl"5 b" the le/islature or b" le/islative authorit"G 6. Duties !ust be perfor!ed independentl" and without the control of a superior power other than the law5 unless the" be those of an inferior or subordinate office created or authori0ed b" the le/islature5 and b" it placed under the /eneral control of a superior office or bod"G and %. ;ust have per!anence of continuit".>*( G. C(eation Public officers are created= a. B" the Constitution
+21
+22 +2&
Antonio :achura, ;utline on Political "aw, 42& (2##+*
Antonio :achura, ;utline on Political "aw, 42& (2##+* Antonio :achura, ;utline on Political "aw, 42& (2##+* +24 ,ernas Primer at 44# (2##+ ed.* +2% ,ernas Primer at 44# (2##+ ed.*
1C6
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
96: $n case the verified co!plaint or resolution of i!peach!ent is filed b" at least oneEthird of all the ;e!bers of the #ouse5 the sa!e shall constitute the Articles of $!peach!ent5 and trial b" the Senate shall forthwith proceed. 98: Do i!peach!ent proceedin/s shall be initiated a/ainst the sa!e official !ore than once within a period of one "ear. 9>: 'he Senate shall have the sole power to tr" and decide all cases of i!peach!ent. hen sittin/ for that purpose5 the Senators shall be on oath or affir!ation. hen the President of the Philippines is on trial5 the Chief &ustice of the Supre!e Court shall preside5 but shall not vote. Do person shall be convicted without the concurrence of twoEthirds of all the ;e!bers of the Senate. 9+: &ud/!ent in cases of i!peach!ent shall not e7tend further than re!oval fro! office and dis<ualification to hold an" office under the ,epublic of the Philippines5 but the part" convicted shall nevertheless be liable and sub3ect to prosecution5 trial5 and punish!ent5 accordin/ to law. 9*: 'he Con/ress shall pro!ul/ate its rules on i!peach!ent to effectivel" carr" out the purpose of this section.
An i!peachable officer who is a !e!ber of the Philippine bar cannot be disbarred first without bein/ i!peached. 9&ar<ue v. Desierto5 18C SC,A ((:>**
C. /(oun!s (. Culpable Violation of the Constitution 1. 'reason5 Briber" and Graft and Corruption 2. Jther #i/h Cri!es or 6. Betra"al of Public 'rust Note% 'he enu!eration is e7clusive. Culpa le Violation of t#e Constitution Culpable violation of the Constitution is wron/ful5 intentional or willful disre/ard or floutin/ of the funda!ental law. Jbviousl"5 the act !ust be deliberate and !otivated b" bad faith to constitute a /round for i!peach!ent. ;ere !ista.es in the proper construction of the Constitution5 on which students of law !a" sincerel" differ5 cannot be considered a valid /round for i!peach!ent.>*) T(eason 'reason is co!!itted b" an" person who5 owin/ alle/iance to the Govern!ent of the Philippines5 levies war a/ainst it or adheres to its ene!ies5 /ivin/ the! aid and co!fort. 9,PC5 Article ((6: B(i e() Briber" is co!!itted b" an" public officer who shall a/ree to perfor! an ac5 whether or not constitutin/ cri!e5 or refrain fro! doin/ an act which he is officiall" re<uired to do in connection with the perfor!ance of his official duties5 in consideration for an" offer5 pro!ise5 /ift or present received b" hi! personall" or throu/h the !ediation of another5 or who shall accept /ifts offered to hi! b" reason of his office. ),PC5 Arts. 1(CE1((: Ot#e( 0i*# C(i&es Accordin/ to the special co!!ittee of the #ouse of ,epresentatives that investi/ated the i!peach!ent char/es a/ainst President Quirino5 are supposed to refer to those offenses Awhich5 li.e treason and briber"5 are of so serious and enor!ous a nature as to stri.e at the ver" life or the orderl" wor.in/s of the /overn!ent.B 'his rather a!bi/uous definition5 assu!in/ it is correct5 would probabl" e7clude such offenses as rape and !urder which5 althou/h as serious as treason and briber"5 will not necessaril" stri.e at the orderl" wor.in/s5 let alone life of the /overn!ent.>)C /(aft an! Co((uption Graft and corruption is to be understood in the li/ht of the prohibited acts enu!erated in the AntiEGrant
+22
A. Definition of I&peac#&ent A national in<uest into the conduct of public !en.>*> B. Pu(pose of I&peac#&ent 'he purpose of i!peach!ent is not to punish but onl" to re!ove an officer who does not deserve to hold office.>*+ C. I&peac#a le Office(s (. 1. 2. 6. 8. President ViceEPresident Chief &ustice and Associate &ustice of the Supre!e Court Chair!en and !e!bers of the Constitutional Co!!issions J!buds!an
Note% 'he list of officers sub3ect to i!peach!ent in Section 1 as worded is e7clusive.

Me& e(s of t#e Sup(e&e Cou(t 'he Supre!e Court said that the Special Prosecutor cannot conduct an investi/ation into alle/ed !isconduct of a Supre!e Court 3ustice5 with the end view of filin/ a cri!inal infor!ation a/ainst hi! with the Sandi/anba"an. A Supre!e Court &ustice cannot be char/ed in a cri!inal case or a disbar!ent proceedin/5 because the ulti!ate effect of either is to re!ove hi! fro! office5 and thus circu!vent the provision on re!oval b" i!peach!ent thus violatin/ his securit" of tenure 9$n ,e= -irst $ndorse!ent fro! #on. ,aul Gon0ale05 A.;. Do. **E6E 8622:
+2+
+2/
Antonio :achura, ;utline on Political "aw, &4% (2##+* Cru), Philippine Political "aw, p.&&% Cru), Philippine Political "aw, p.&&%
Antonio :achura, ;utline on Political "aw, &4% (2##+* ,ernas Primer at 442 (2##+ ed.*
+2$ +$#
1C8
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA A. Penalt) 'he penalt" which !a" be i!posed Ashall not e7tend further than re!oval fro! office and dis<ualification to hold an" office under the ,epublic.B>)6 'his penalt" is be"ond the reach of the President@s power of e7ecutive cle!enc"5 but does not place the officer be"ond liabilit" to cri!inal prosecution. 9 hen cri!inall" prosecuted5 therefore5 for the offense which warranted his conviction on i!peach!ent5 the officer cannot plead the defense of double 3eopard".:>)8 B. Effect of Con"iction ,e!oval fro! office and dis<ualification to hold an" office under the ,epublic of the Philippines. But the part" convicted shall be liable and sub3ect to prosecution5 trial and punish!ent accordin/ to law. :. 4u!icial Re"iew
and Corrupt Practices Act5 which was in force at the ti!e of the adoption of the Constitution.>)( Bet(a)al of Pu lic T(ust 'he ()*+ Constitution has added Abetra"al of public trust5B which !eans an" for! of violation of the oath of office even if such violation !a" not be cri!inall" punishable offense.>)1 'his is a catchEall to cover all !anner of offenses unbeco!in/ a public functionar" but not punishable b" the cri!inal statutes5 li.e Aine7cusable ne/li/ence of dut"5 t"rannical abuse of authorit"5 breach of official dut" b" !alfeasance or !isfeasance5 cron"is!5 favoritis!5 obstruction of 3ustice.>)2 D. P(oce!u(e Con/ress shall pro!ul/ate its rules on i!peach!ent to effectivel" carr" out the purpose. 9Section 29*:: 3. Initiation 'he proceedin/ is initiated or be/ins5 hen a verifie! complaint 3 ith accompan'in# resolution or in!orsement4 is file! an! referre! to the Committee on *ustice for action. 'his is the initiatin/ step which tri//ers the series of steps that follow. 9-ransisco v. #ouse Spea.er5 1CC2: 2. Li&itation on initiatin* of i&peac#&ent case 'he Constitution prohibits the initiation of !ore than one Ai!peach!ent proceedin/B within one "ear.
$n -ransico . &ouse o# 9epresentati es, the SC said that considerin/ that the first i!peach!ent co!plaint was filed b" for!er President Estrada a/ainst Chief &ustice Davide alon/ with seven associate 3ustices on &une C15 1CC2 and referred to the #ouse Co!!ittee on &ustice on Au/ust C85 1CC25 the second i!peach!ent co!plaint filed b" so!e ,ep. 'eodoro et. al.5 a/ainst the Chief &ustice on Jctober 125 1CC25 violates the constitutional prohibition a/ainst the initiation of i!peach!ent proceedin/s a/ainst the sa!e i!peachable officer within a oneE"ear period.
III. San!i*an a)an

Section A. 'he present antiE/raft court .nown as the Sandi/anba"an shall continue to function and e7ercise its 3urisdiction as now or hereafter !a" be provided b" law.
A. Co&position of San!i*an a)an 4nder PD (>C>5 it is co!posed of a Presidin/ &ustice and Ei/ht Associate &ustices5 with the ran. of &ustice of the Court of Appeals. $t sits in three H2I divisions of three !e!bers of each. B. Natu(e of San!i*an a)an Sandi/anba"an is DJ' a constitutional court. It is a statuto() cou(tG that is5 it is created not onl" b" the Constitution but b" statute5 althou/h its creation is !andated b" the Constitution.>)> C. 4u(is!iction of San!i*an a)an O(i*inal 4u(is!iction
G. T(ial 'he Senate shall have the sole power to tr" and decide all cases of i!peach!ent. hen sittin/ for that purpose5 the Senators shall be on oath or affir!ation. hen the President of the Philippines is on trial5 the Chief &ustice of the Supre!e Court shall preside5 but shall not vote. A decision of conviction !ust be concurred in b" at least twoE thirds of all the !e!bers of the Senate.
+$1 +$2
Violations of ,A 2C() 9AGCPA: as a!endedK ,A (2+)G and Chapter $$5 Section 15 'itile V$$5 Boo. $$ of the ,PV where one or !ore of the accused are officials occup"in/ the followin/ positions in the /overn!ent5 whether in a per!anent5 actin/ or interi!
Cru), Philippine Political "aw, p.&&+ ,ernas Primer at 442 (2##+ ed.* Cru), Philippine Political "aw, p.&&+
+$4 +$%
+$&
,ernas Primer at 442 (2##+ ed.* ,ernas Primer at 442 (2##+ ed.* +$+ ,ernas Primer at 44& (2##+ ed.*
1C>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA ;Private persons !a" be char/ed to/ether with public officers to avoid repeated and unnecessar" presentation of witnesses and e7hibits a/ainst conspirators in different venues5 especiall" of the issues involved are the sa!e. $t follows therefore that if a private person !a" be tried 3ointl" with public officers5 he !a" also be convicted 3ointl" with the!5 as in the case of the present petitioners.B 9Bal!adrid v. 'he #onorable Sandi/anba"an5 ())(: Macalino v& San!i#an%a'a- =HH=" $t was held that because the Philippine Dational Construction Co!pan" 9PDCCC has no ille/al charter5 petitioner5 an officer of PDCC5 is not a public officer. 'hat bein/ so5 the Sandi/anba"an has no 3urisdiction over hi!. 'he onl" instance when the Sandi/anba"an !a" e7ercise 3urisdiction over a private individual is when the co!plaint char/es hi! either as a coEprincipal5 acco!plice or accessor" of a public officer who has been char/ed within the 3urisdiction of the Sandi/anba"an. Dete(&ination of 4u(is!iction. hether or not the Sandi/anba"an or the ,'C has 3urisdiction over the case shall be deter!ined b" the alle/ations in the infor!ation specificall" on whether or not the acts co!plained of were co!!itted in relation to the official functions of the accused. $t is re<uired that the char/e be set forth with particularit" as will reasonabl" indicate that the e7act offense which the accused is alle/ed to have co!!itted is one in relation to his office. 'hus5 the !ere alle/ation in the infor!ation that the offense was co!!itted b" the accused public officer Ain relation to his officeB is a conclusion of law5 not a factual aver!ent that would show the close inti!ac" between the offense char/ed and the dischar/e of the accused@s official duties. 9Lacson v. E7ecutive Secretar": )ina' v& San!i#an%a'an- <888" 'he Supre!e Court discussed the ra!ifications of Section +5 ,A *16)5 as follows= (. $f trial of the cases pendin/ before whatever court has alread" be/un as of the approval of ,A *16)5 the law does not appl"G 1. $f trial of cases pendin/ before whatever court has not be/un as of the approval of ,A *16)5 then the law applies5 and the rules are= i. $f the Sandi/anba"an has 3urisdiction over a case pendin/ before it5 then it retains 3urisdictionG ii. $f the Sandi/anba"an has no 3urisdiction over a cased pendin/ before it5 the case shall be referred to the re/ular courtsG iii. $f the Sandi/anba"an has 3urisdiction over a case pendin/ before a re/ular court5 the latter loses 3urisdiction and the sa!e shall be referred to the Sandi/anba"anG
capacit" at the ti!e of the co!!ission of the offense= a. Jfficials of the E7ecutive branch with the position of ,e/ional Director or hi/her5 or with Salar" Grade Level 1+ 9G1+: accordin/ to ,A >+8*. b. ;e!bers of Con/ress and officials thereof with G1+ an upG c. ;e!bers of the &udiciar" without pre3udice to the ConstitutionG d. Chair!en and !e!bers of the Constitutional Co!!issions without pre3udice to the ConstitutionsG and e. All other national and local officials with G1+ or hi/her. Jther offenses or felonies whether si!ple or co!ple7ed with other cri!es co!!itted b" the public officials and e!plo"ees !entioned in Subsection a in relation to their officeG Civil and cri!inal cases filed pursuant to and in connection with EJ nos. (5 15 (65 and (6EA issued in ()*>. E@clusi"e O(i*inal 4u(is!iction over petitions for the issuance of the writs of !anda!us5 prohibitions5 certiorari5 habeas corpus5 in3unction and other ancillar" writs and processes in aid o# its appellate ?urisdiction> Provided5 that 3urisdiction over these petitions shall not be e7clusive of the Supre!e CourtG E@clusi"e Appellate 4u(is!iction over final 3ud/!ents5 resolutions or orders of re/ional trial courts whether in the e7ercise of their own ori/inal 3urisdiction or of their appellate 3urisdiction. 9,A *16): 'he followin/ re<uisites !ust concur in order that a case !a" fall under the e7clusive 3urisdiction of the Sandi/anba"an= 1. 'he offense co!!itted is a violation of ,A (2+)5 Chapter $$5 Section 5 'itle V$$5 Boo. $$ of the ,evised Penal Code5 E7ecutive Jrders Dos. (5 1 (6 and (6EA5 issued in ()*>5 or other offenses or felonies whether si!ple or co!ple7ed with other cri!esG 1. 'he offender co!!ittin/ the offenses 9violatin/ ,A 2C()5 ,A (2+)5 the ,PC provisions5 and other offenses5 is a public official or e!plo"ee holdin/ an" of the positions enu!erated in par. A5 Section 65 ,A *16)G and 2. 'he offense co!!itted is in relation to the office. 9Lacson v. E7ecutive Secretar"5 ())): P(i"ate in!i"i!uals. ;$n case private individuals are char/ed as coEprincipals5 acco!plices or accessories with the public officers or e!plo"ees5 the" shall be tried 3ointl" with said public officers and e!plo"ees. 9Section 65 PD (>C>:B
1C+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
three no!inees for ever" vacanc" thereafter. Such appoint!ents shall re<uire no confir!ation. All vacancies shall be filled within three !onths after the" occur.
iv.
$f a re/ular court has 3urisdiction over a case pendin/ before it5 then said court retains 3urisdiction.
D. Decisions1Re"iew 'he unani!ous vote of all the three !e!bers shall be re<uired for the pronounce!ent of 3ud/!ent b" a division. Decisions of the Sandi/anba"an shall be reviewable b" the Supre!e Court on a petition for certiorari. a. $t is now settled that Section (25 ,A 2C()5 !a.es it !andator" for the Snadi/anba"an to suspend an" public officer a/ainst who! a valid infor!ation char/in/ violation of that law5 or an" offense involvin/ fraud upon the /overn!ent or public funds or propert" is filed. 9Bolasti/ v. Sandi/anba"an5 128 SC,A (C2: b. 'he appellate 3urisdiction of the Supre!e Court over decisions and final orders of the Sandi/anba"an is li!ited to <uestions of law. 9,epublic v. Sandi/anba"an5 1CC1: IV. O& u!s&an
Section B. 'here is hereb" created the independent Jffice of the J!buds!an5 co!posed of the J!buds!an to be .nown as 'anodba"an5 one overall Deput" and at least one Deput" each for Lu0on5 Visa"as5 and ;indanao. A separate Deput" for the !ilitar" establish!ent !a" li.ewise be appointed. Section 3J. 'he J!buds!an and his Deputies shall have the ran. of Chair!an and ;e!bers5 respectivel"5 of the Constitutional Co!!issions5 and the" shall receive the sa!e salar" which shall not be decreased durin/ their ter! of office. Section ((. 'he J!buds!an and his Deputies shall serve for a ter! of seven "ears without reappoint!ent. 'he" shall not be <ualified to run for an" office in the election i!!ediatel" succeedin/ their cessation fro! office.
Section 32. 'he J!buds!an and his Deputies5 as protectors of the people5 shall act pro!ptl" on co!plaints filed in an) fo(& o( &anne( a/ainst public officials or e!plo"ees of the Govern!ent5 or an" subdivision5 a/enc" or instru!entalit" thereof5 includin/ /overn!entEowned or controlled corporations5 and shall5 in appropriate cases5 notif" the co!plainants of the action ta.en and the result thereof.
Section 3G. 'he Jffice of the J!buds!an shall have the followin/ powers5 functions5 and duties= 9(: $nvesti/ate on its own5 or on co!plaint b" an" person5 an" act or o!ission of an" public official5 e!plo"ee5 office or a/enc"5 when such act or o!ission appears to be ille/al5 un3ust5 i!proper5 or inefficient. 91: Direct5 upon co!plaint or at its own instance5 an" public official or e!plo"ee of the Govern!ent5 or an" subdivision5 a/enc" or instru!entalit" thereof5 as well as of an" /overn!entEowned or controlled corporation with ori/inal charter5 to perfor! and e7pedite an" act or dut" re<uired b" law5 or to stop5 prevent5 and correct an" abuse or i!propriet" in the perfor!ance of duties. 92: Direct the officer concerned to ta.e appropriate action a/ainst a public official or e!plo"ee at fault5 and reco!!end his re!oval5 suspension5 de!otion5 fine5 censure5 or prosecution5 and ensure co!pliance therewith. 96: Direct the officer concerned5 in an" appropriate case5 and sub3ect to such li!itations as !a" be provided b" law5 to furnish it with copies of docu!ents relatin/ to contracts or transactions entered into b" his office involvin/ the disburse!ent or use of public funds or properties5 and report an" irre/ularit" to the Co!!ission on Audit for appropriate action. 98: ,e<uest an" /overn!ent a/enc" for assistance and infor!ation necessar" in the dischar/e of its responsibilities5 and to e7a!ine5 if necessar"5 pertinent records and docu!ents.
Section :. 'he officials and e!plo"ees of the Jffice of the J!buds!an5 other than the Deputies5 shall be appointed b" the J!buds!an5 accordin/ to the Civil Service Law.
Section 7. 'he J!buds!an and his Deputies shall be naturalE born citi0ens of the Philippines5 and at the ti!e of their appoint!ent5 at least fort" "ears old5 of reco/ni0ed probit" and independence5 and !e!bers of the Philippine Bar5 and !ust not have been candidates for an" elective office in the i!!ediatel" precedin/ election. 'he J!buds!an !ust have5 for ten "ears or !ore5 been a 3ud/e or en/a/ed in the practice of law in the Philippines. Durin/ their tenure5 the" shall be sub3ect to the sa!e dis<ualifications and prohibitions as provided for in Section 1 of Article (SEA of this Constitution.
Section 6. 'he J!buds!an and his Deputies shall be appointed b" the President fro! a list of at least si7 no!inees prepared b" the &udicial and Bar Council5 and fro! a list of
1C*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA Shall not en/a/e in the practice of an" profession or in the active !ana/e!ent of control of an" business which in an" wa" !a" be affected b" the functions of his officeG Shall not be financiall" interested5 directl" or indirectl"5 in an" contract with5 or in an" franchise or privile/e /ranted b" the Govern!ent5 or an" of its subdivisions5 etc5G Shall not be <ualified to run for an" office in the election i!!ediatel" succeedin/ their cessation fro! office.
9>: Publici0e !atters covered b" its investi/ation when circu!stances so warrant and with due prudence. 9+: Deter!ine the causes of inefficienc"5 red tape5 !is!ana/e!ent5 fraud5 and corruption in the Govern!ent and !a.e reco!!endations for their eli!ination and the observance of hi/h standards of ethics and efficienc". 9*: Pro!ul/ate its rules of procedure and e7ercise such other powers or perfor! such functions or duties as !a" be provided b" law. Section 3A. 'he Jffice of the J!buds!an shall en3o" fiscal autono!". $ts approved annual appropriations shall be auto!aticall" and re/ularl" released.
A. Co&position
E. 4u(is!iction 0ow is t#e +u(is!iction of t#e O& u!s&an o"e( a pe(son !ete(&ine!, -or purposes of deter!inin/ the scope of the 3urisdiction of the J!buds!an5 a public officer is one to who! so!e of the soverei/n functions of the /overn!ent has been dele/ated. 9'he Dational Centennial Co!!ission perfor!s e7ecutive power which Ais /enerall" defined as the power to enforce and ad!inister laws. $t is the power of carr"in/ the laws into practical operation and enforcin/ their due observance.B 'he e7ecutive function5 therefore5 concerns the i!ple!entation of the policies as set forth b" law. 7aurel . :esierto, EGGE: .% Char/ed with !urder5 the Governor challen/es the authorit" of the office of the J!buds!an to conduct the investi/ation. #e ar/ues that the authorit" of the J!buds!an is li!ited to Acri!es related to or connected with an official@s dischar/e of his public functions.B Decide. A% 'he J!buds!an has authorit". Section (1 sa"s that he !a" Ainvesti/ateK an" act or o!ission of an" public officialK when suc# act o( o&ission appea(s to e ille*al' un+ust' i&p(ope( o( inefficient. ;urder is ille/al. And since it was alle/edl" co!!itted b" a public official it co!es within the 3urisdiction of the J!buds!an. 9Deloso v. Do!in/o5 ())C: -. Powe(s an! Duties (See Section 'E and '4 o# Article CI/ Jver the "ears the scope of the powers of the J!buds!an under Section (1 has been clarified thus settlin/ various disputed issues= 3. 'he o!buds!an can investi/ate onl" officers of /overn!ent owned corporations with ori/inal charter. PAL5 even when still owned b" the /overn!ent5 did not have ori/inal charter.>)+ 2. 'he 3urisdiction of the J!buds!an over disciplinar" cases involvin/ public school teachers
+$/
An J!buds!an to be .nown as the 'anodba"an. Jne overEall Deput" At least one Deput" each for Lu0on5 Visa"as and ;indanao A separate Deput" for the !ilitar" establish!ent !a" li.ewise be appointed
B. .ualifications 'he J!buds!an and his Deputies !ust be= (. Datural Born Citi0ens of the Philippines 1. At least 6C "ears of a/e 2. Jf reco/ni0ed probit" and independence 6. ;e!bers of the Philippine Bar 8. ;ust not have been candidates for an" elective office in the i!!ediatel" precedin/ election. 'he J!buds!an !ust have been a 3ud/e or en/a/ed in the practice of law for ten "ears or !ore. C. Appoint&ent B" the President fro! a list of at least si7 no!inees prepared b" the &udicial and Bar Council5 and fro! a list of at least three no!inees for ever" vacanc" thereafter. All vacancies to be filled in three !onths. a. 'er! of Jffice= Seen "ears without reappoint!ent b. ,an. and Salar"= 'he J!buds!an and his Deputies shall have the ran. of Chair!an and ;e!bers5 respectivel"5 of the Constitutional Co!!issions5 and the" shall receive the sa!e salar" which shall not be decreased durin/ his ter! of office. c. -iscal Autono!"= 'he Jffice of the J!buds!an shall en3o" fiscal autono!". D. DisMualifications1In#i itions Durin/ their tenure=
Shall not hold other office or e!plo"!ent
<(an! 8r v Ombudsman, @.=. :o. 12%2$+, 1ul- 2#. 2##+.
1C)
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA such dele/ation e7ists to the Special Prosecutor. Dor is there an i!plied dele/ation. 'he Special Prosecutor prosecutes onl" when authori0ed b" the J!buds!an.+C1 B. 'he J!buds!an has been conferred rule !a.in/ power to /overn procedures under it.+C2 Jne who is answerin/ an ad!inistrative co!plaint filed before the J!buds!an !a" not appeal to the procedural rules under the Civil Service Co!!ission.+C6 :. 'he power to investi/ate or conduct a preli!inar" investi/ation on an" J!buds!an case !a" be e7ercised b" an investi/ator or prosecutor of the Jffice of the J!buds!an5 or b" an" Provincial or Cit" Prosecutor or their assistance5 either in their re/ular capacities or as deputi0ed J!buds!an prosecutors.+C8 8. A preventive suspension will onl" last ninet" 9)C: da"s5 not the entire duration of the cri!inal case li.e petitioners see! to thin.. $ndeed5 it would be constitutionall" proscribed if the suspension were to be of an indefinite duration or for an unreasonable len/th of ti!e. 'he Court has thus laid down the rule that preventive suspension !a" not e7ceed the !a7i!u! period of ninet" 9)C: da"s5 in consonance with Presidential Decree Do. *C+5 now Section 81 of the Ad!inistrative Code of ()*+.+C> .% ,A >++C e!powers the Jffice of the J!buds!an to conduct preli!inar" investi/ations and to directl" underta.e cri!inal prosecutions. hat is the constitutional basis for this powerR A% Article S$5 Section (29*: !eans that the J!buds!an !a" be validl" e!powered with prosecutorial functions b" the le/islature5 and this the latter did when it passed ,A >++C. 9Ca!ana/ v. Guerrero5 ())+: .% ,A >++C e!powers the Jffice of the J!buds!an to conduct preli!inar" investi/ations and to directl" underta.e cri!inal prosecutions. Does it not violate the principle of separation of powers since the power to conduct preli!inar" investi/ation is e7clusive to the e7ecutive branchR A% $f it is authori0ed b" the Constitution it cannot be lo/icall" ar/ued that such power or the e7ercise thereof is unconstitutional or violative of the principle of the separation of powers. 9Ca!ana/ v. Guerrero5 ())+:
has been !odified b" Section ) of ,.A. 6>+C5 otherwise .nown as the ;a/na Carta for Public School 'eachers5 which sa"s that such cases !ust first /o to a co!!ittee appointed b" the Secretar" of Education.>)* $t is erroneous5 thus5 for respondents to contend that ,.A. Do. 6>+C confers an e7clusive disciplinar" authorit" on the DECS over public school teachers and prescribes an e7clusive procedure in ad!inistrative investi/ations involvin/ the!. ,.A. Do. 6>+C was approved on &une (*5 ()>>. Jn the other hand5 the ()*+ Constitution was ratified b" the people in a plebiscite in ()*+ while ,.A. Do. >++C was enacted on Dove!ber (+5 ()*). $t is basic that the ()*+ Constitution should not be restricted in its !eanin/ b" a law of earlier enact!ent. 'he ()*+ Constitution and ,.A. Do. >++C were <uite e7plicit in conferrin/ authorit" on the J!buds!an to act on co!plaints a/ainst all public officials and e!plo"ees5 with the e7ception of officials who !a" be re!oved onl" b" i!peach!ent or over !e!bers of Con/ress and the &udiciar". G. 'he J!buds!an Act authori0es the J!buds!an to i!pose penalties in ad!inistrative cases.>)) Section 1( of ,A >++C vests in the J!buds!an A!isciplina() aut#o(it) o"e( all electi"e an! appointi"e officials of t#e /o"e(n&ent5B e7cept i!peachable officers5 !e!bers of Con/ress5 and the &udiciar". And under Section 18 of ,A >++C5 the J!buds!an !a" i!pose in ad!inistrative proceedin/s the Apenalt) (an*in* f(o& suspension wit#out pa) fo( one )ea( to !is&issal with forfeiture of benefits or a fine ran/in/ fro! five thousand pesos 9P85CCC.CC: to twice the a!ount !alversed5 ille/all" ta.en or lost5 or both at the discretion of the J!buds!an 7 7 7.B Clearl"5 under ,A >++C the J!buds!an has the power to i!pose directl" ad!inistrative penalt" on public officials or e!plo"ees.+CC Dote5 however5 that accordin/ to the Local Govern!ent Code5 elective officials !a" be dis!issed onl" b" the proper court. A here the disciplinin/ authorit" is /iven onl" the power to suspend and not the power to re!ove5 it should not be per!itted to !anipulate the law b" usurpin/ the power to re!ove.B+C( A. 'he Special Prosecutor !a" not file an infor!ation without authorit" fro! the J!buds!an. ,epublic Act Do. >++C5 b" conferrin/ upon the J!buds!an the power to prosecute5 li.ewise /rants to the J!buds!an the power to authori0e the filin/ of infor!ations. A dele/ated authorit" to prosecute was also /iven to the Deput" J!buds!an5 but no
+$2
/#2 /#&
Ombudsman v. Estandarte! @= 1+2+/#, April 1&, 2##/. +$$ Ombudsman v. CA! :ovember 22, 2##+3 ;mbudsman v. "ucero, :ovember 24, 2##+. /## mbudsman v. CA) @.=. :o. 1+2#/$, 1ul- 1/, 2##/. /#1 !angguniang ,aranga- v. Punong ,aranga-, @.=. :o. 1/#+2+, 4arch &, 2##2.
Pere& v. Sandi%abayan, @.=. :o. 1++#+2, !eptember 2+, 2##+. 6uencamino v. CA! @= 1/%2$%,April 4, 2##/. /#4 4edina v. C;A, @.=. :o. 1/+4/2, Februar- 4, 2##2. /#% #onasan .. v. Panel of .nvesti%ators of t(e 9O8! @.=. :o. 1%$/4/, April 1&, 2##4. /#+ illasenor v !andiganba-an @.=. :o. 12#/##, 4arch 4, 2##2
1(C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA dis!issin/ a case before it is evident. $n this event5 the act of the J!buds!an can 3ustifiabl" be assailed.+C) O& u!s&an #as no aut#o(it) to !i(ectl) !is&iss a pu lic office( f(o& *o"e(n&ent se("ice. 4nder Section (292: of Article S$5 the J!buds!an can onl" reco!!end to the officer concerned the re!oval of a public officer or e!plo"ee found to be ad!inistrativel" liable. 9'aplador v. Jffice of the J!buds!an5 1CC1: Be that as it !a"5 the refusal5 without 3ust cause5 of an" officer to co!pl" with such an order of the J!buds!an to penali0e errin/ officer or e!plo"ee is a /round for disciplinar" action. 'hus5 there is a stron/ indication that the J!buds!an@s reco!!endation is not !erel" advisor" in nature but actuall" !andator" within the bounds of law. 'his5 should not be interpreted as usurpation of the J!buds!an of the authorit" of the head of office or an" officer concerned. $t has lon/ been settled that the power of the J!buds!an to investi/ate and prosecute an" ille/al act or o!ission of an" public official is not an e7clusive authorit"5 but a shared or concurrent authorit" in respect of the offense char/ed. 9Ledes!a v. CA5 1CC8: -. Powe( to In"esti*ate 'he power to investi/ate5 includin/ preli!inar" investi/ation5 belon/s to the J!buds!an and not to the Special Prosecutor. 9Acop v. J!buds!an5 ())8: $) ". San!i*an a)an' 2JJ3% $t was held that under Sections (( and (85 ,A >>+C5 the J!buds!an s clothed with the authorit" to conduct preli!inar" investi/ation and to prosecute all cri!inal cases involvin/ public officers and e!plo"ees5 not onl" those within the 3urisdiction of the Sandi/anba"an5 but those within the 3urisdiction of re/ular courts as well. 'he clause Aan" ille/al act or o!ission of an" public officialB is broad enou/h to e!brace an" cri!e co!!itted b" a public officer or e!plo"ee. O& u!s&anLs Powe( to In"esti*ate' Not E@clusi"e. hile the J!buds!an@s power to investi/ate is pri!ar"5 it is not e7clusive and5 under the J!buds!an Act of ()*)5 he !a" dele/ate it to others and ta.e it bac. an" ti!e he wants to. 9Acop v. J!buds!an5 ())8: 'he J!buds!an can also investi/ate cri!inal offenses co!!itted b" public officers which have no relation to their office. 9Vas<ue0 v. Alino5 1+( SC,A >+:
.% ,A >++C e!powers the Jffice of the J!buds!an to conduct preli!inar" investi/ations and to directl" underta.e cri!inal prosecutions. Does it not directl" contravene Article S$5 Section + b" di!inishin/ the authorit" and power lod/ed in the Jffice of the Special ProsecutorR A% $n Acop . 3##ice o# the 3mbudsman, '((5, the Court upheld not onl" the power of Con/ress to so place the Jffice of the Special Prosecutor under the J!buds!an5 but also the power of Con/ress to re!ove so!e of the powers /ranted to the Jffice of Special Prosecutor. . 9Ca!ana/ v. Guerrero5 ())+: .% Are the powers of J!buds!an dele/ableR A% 'he power to investi/ate or conduct a preli!inar" investi/ation on an" J!buds!an case !a" be e7ercised b" an investi/ator or prosecutor of the Jffice of the J!buds!an5 or b" an" Provincial or Cit" Prosecutor or their assistance5 either in their re/ular capacities or as deputi0ed J!buds!an prosecutors. 9#onasan $$ v. Panel of $nvesti/ators of the DJ&5 1CC6: ;In an) fo(& o( &anne(? $t was held that the fact that the J!buds!an !a" start an investi/ation on the basis of an" anon"!ous letter does not violate the e<ual protection clause. -or purposes of initiatin/ preli!inar" investi/ation before the Jffice of the J!buds!an5 a co!plaint Ain an" for! or !annerB is sufficient. 9Garcia v. ;iro5 1CC2:+C+ Powe( of Conte&pt. 'he J!buds!an is also /ranted b" law the power to cite for conte!pt5 and this power !a" be e7ercised b" the J!buds!an while conductin/ preli!inar" investi/ation because preli!inar" investi/ation is an e7ercise of <uasiE 3udicial functions. 9Lasti!osa v. Vas<ue05 162 SC,A 6)+:+C* Can t#e Cou(t e co&pelle! to (e"iew t#e e@e(cise of !isce(n&ent in p(osecutin* o( !is&issin* a case efo(e t#e O& u!s&an, $t has been consistentl" held that it is not for the Court to review the J!buds!an@s para!ount discretion in prosecutin/ or dis!issin/ a co!plaint filed before his office. 'he rule is based not onl" upon the respect for the investi/ator" and prosecutor powers /ranted b" the Constitution to the Jffice of the J!buds!an but upon practicalit" as well. 9Jtherwise5 the functions of the courts will be /rievousl" ha!pered b" innu!erable petitions assailin/ the dis!issal of investi/ator" proceedin/s conducted b" the Jffice of the J!buds!an with re/ard to co!plaints filed before it. 9Jlaire0 v. Sandi/anba"an5 1CC2: 'here is5 however5 one i!portant e7ception to this rule5 and that is5 when /rave abuse of discretion on the part of the J!buds!an in either prosecutin/ or
/#/ /#2
Antonio :achura, ;utline on Political "aw, &%1 (2##+* Antonio :achura, ;utline on Political "aw, &%1 (2##+*
/#$
Antonio :achura, ;utline on Political "aw, &%& (2##+*
1((
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA P(e"enti"e Suspension. 'he power to investi/ate also includes the power to i!pose preventive suspension. 9Buenaseda v. -lavier5 ())2: Suspension un!e( t#e O& u!s&an Act "isHRH "is t#e Local /o"e(n&ent Co!e% $n order to 3ustif" the preventive suspension of a public official under Section 16 of ,A >++C5 the evidence of /uilt should be stron/5 and= a. 'he char/e a/ainst the officer or e!plo"ee should involve dishonest"5 oppression or /rave !isconduct or ne/lect in the perfor!ance of dut"G b. 'hat the char/es should warrant re!oval for! the serviceG or c. 'he respondent@s continued sta" in office would pre3udice the case filed a/ainst hi!. 'he J!buds!an can i!pose the >E!onth preventive suspension to all public officials5 whether elective or appointive5 who are under investi/ation. Jn the other hand5 in i!posin/ the shorter period of si7t" 9>C: da"s of preventive suspension prescribed in the Local Govern!ent Code of ())( on an elective local official 9at an" ti!e after issues are 3oined:5 it would be enou/h that= a. 'here is reasonable /round to believe that the respondent has co!!itted the act or acts co!plained orG b. 'he evidence of culpabilit" is stron/G c. 'he /ravit" of the offense so warrantsG or d. 'he continuance in office of the respondent could influence the witnesses or pose a threat to the safet" and inte/rit" of the records and other evidence. 9&ose ;iranda v. Sandi/anba"an5 1CC8: Ba( .uestion D2JJAE Om%u!sman" Po er to Suspen!C Preventive Suspension Director J failed the lifest"le chec. conducted b" the J!buds!anYs Jffice because J s assets were /rossl" disproportionate to his salar" and allowances. ;oreover5 so!e assets were not included in his State!ent of Assets and Liabilities. #e was char/ed of /raft and corrupt practices and pendin/ the co!pletion of investi/ations5 he was suspended fro! office for si7 !onths. .% A//rieved5 J petitioned the Court of Appeals to annul the preventive suspension order on the /round that the J!buds!an could onl" reco!!end but not i!pose the suspension. ;oreover5 accordin/ to J 5 the suspension was i!posed without an" notice or hearin/5 in violation of due process. $s the petitionerYs contention !eritoriousR Discuss briefl". 98U:
.% ;a" the !ilitar" deput" investi/ate civilian policeR A% Because the power of the J!buds!an is broad and because the Deput" J!buds!an acts under the direction of the J!buds!an5 the power of the ;ilitar" Deput" to investi/ate !e!bers of the civilian police has also been affir!ed. 9Acop v. J!buds!an5 ())8: Ba( .uestion D2JJGE Om%u!smanC Po er to Investi#ate A /roup of losin/ liti/ants in a case decided b" the Supre!e Court filed a co!plaint before the J!buds!an char/in/ the &ustices with .nowin/l" and deliberatel" renderin/ an un3ust decision in utter violation of the penal laws of the land. Can the J!buds!an validl" ta.e co/ni0ance of the caseR E7plain. S$//ESTED ANSWER= Do5 the J!buds!an cannot entertain the co!plaint. As stated in the case of $n re= Laureta. (6* SC,A 2*1 H()*+I5 pursuant to the principle of separation of powers5 the correctness of the decisions of the Supre!e Court as final arbiter of all 3usticiable disputes is conclusive upon all other depart!ents of the /overn!entG the J!buds!an has no power to review the decisions of the Supre!e Court b" entertainin/ a co!plaint a/ainst the &ustices of the Supre!e Court for .nowin/l" renderin/ an un3ust decision. SECOND ALTERNATIVE ANSWER= Article S$5 Section ( of the ()*+ Constitution provides that public officers !ust at all ti!es be accountable to the people. Section 11 of the J!buds!an Act provides that the Jffice of the J!buds!an has the power to investi/ate an" serious !isconduct alle/edl" co!!itted b" officials re!ovable b" i!peach!ent for the purpose of filin/ a verified co!plaint for i!peach!ent if warranted. 'he J!buds!an can entertain the co!plaint for this purpose. .% ;a" the J!buds!an act on a co!plaint filed b" dis/runtled part" liti/ants a/ainst the Supre!e Court alle/in/ certain na!ed !e!bers of the Court as havin/ co!!itted acts that appear to be ille/al5 un3ust5 i!proper or inefficientR ould it violate the principle of separation of powers if he ta.es co/ni0anceR Su**este! Answe( ) A ela(!o Do&on!on% Tes5 it is the dut" of the J!buds!an to investi/ate Aon co!plaint b" an" person5 an" act or o!ission of an" public official5 e!plo"ee5 office or a/enc" when such act or o!ission appears to be ille/al5 un3ust5 i!proper or inefficient.B 9Article S$5 Section (29(:: /. Powe( to Suspen!
1(1
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA /uarant" of this independence5 the J!buds!an has the power to appoint all officials and e!plo"ees of the Jffice of the J!buds!an5 e7cept his deputies. 'his power necessaril" includes the power of settin/5 prescribin/ and ad!inisterin/ the standards for the officials and personnel of the Jffice. 'o further ensure its independence5 the J!buds!an has been vested with the power of ad!inistrative control and supervision of the Jffice. 'his includes the authorit" to or/ani0e such directorates for ad!inistration and allied services as !a" be necessar" for the effective dischar/e of the functions of the Jffice5 as well as to prescribe and approve its position structure and staffin/ pattern. Decessaril"5 it also includes the authorit" to deter!ine and establish the <ualifications5 duties5 functions and responsibilities of the various directorates and allied services of the Jffice. 'his !ust be so if the constitutional intent to establish an independent Jffice of the J!buds!an is to re!ain !eanin/ful and si/nificant. 'he Civil Service Co!!ission has no power over this.+(C $. Clai& of Confi!entialit) Even the clai! of confidentialit" will not prevent the J!buds!an fro! de!andin/ the production of docu!ents needed for the investi/ation.+((
$n Almonte . <as%ue=, '((5, the Court said that where the clai! of confidentialit" does not rest on the need to protect !ilitar"5 diplo!atic or other national securit" secrets but on /eneral public interest in preservin/ confidentialit"5 the courts have declined to find in the Constitution an absolute privile/e even for the President.+(1 ;oreover5 even in cases where !atters are reall" confidential5 inspection can be done in ca!era.+(2
S$//ESTED ANSWER= 'he contention of Director J is not !eritorious. 'he suspension !eted out to hi! is preventive and not punitive. Section 16 of ,epublic Act Do. >++C /rants the J!buds!an the power to i!pose preventive suspension up to si7 !onths. Preventive suspension !a"be i!posed without an" notice or hearin/. $t is !erel" a preli!inar" step in an ad!inistrative investi/ation and is not the final deter!ination of the /uilt of the officer concerned. 9Garcia v. ;o3ica5 2(6 SC,A 1C+ H()))I:. .% -or his part5 the J!buds!an !oved to dis!iss J s petition. Accordin/ to the J!buds!an the evidence of /uilt of J is stron/5 and petitioner failed to e7haust ad!inistrative re!edies. J ad!itted he filed no !otion for reconsideration5 but onl" because the order suspendin/ hi! was i!!ediatel" e7ecutor". Should the !otion to dis!iss be /ranted or notR Discuss briefl". 98U: S$//ESTED ANSWER% 'he !otion to dis!iss should be denied. Since the suspension of Director J was i!!ediatel" e7ecutor"5 he would have suffered irreparable in3ur" had he tried to e7haust ad!inistrative re!edies before filin/ a petition in court 94niversit" of the Philippines Board of ,e/ents v. ,asul5 1CC SC,A >*8 H())(CBesides5 the <uestion involved is purel" le/al. 9A0arcon v. Buna/an5 2)) SC,A 2>8 H1CC2I:. Ba( .uestion D366:E Om%u!smanC Po er to Suspen!C Preventive Suspension An ad!inistrative co!plaint for violation of the AntiE Graft and Corrupt Practices Act a/ainst S was filed with the J!buds!an. $!!ediatel" after ta.in/ co/ni0ance of the case and the affidavits sub!itted to hi!5 the J!buds!an ordered the preventive suspension of S pendin/ preli!inar" investi/ation. S <uestioned the suspension order5 contendin/ that the J!buds!an can onl" suspend preventivel" subordinate e!plo"ees in his own office. $s S correctR E7plain. S$//ESTED ANSWER% Do5 S is not correct. As held in Buenaseda vs. -lavier5 11> SC,A >68. under Section 16 of ,epublic Act Do. >++C5 the J!buds!an can place under preventive suspension an" officer under his disciplinar" authorit" pendin/ an investi/ation. 'he !o!ent a co!plaint is filed with the J!buds!an5 the respondent is under his authorit". Con/ress intended to e!power the J!buds!an to suspend all officers5 even if the" are e!plo"ed in other offices in the Govern!ent. 'he words LsubordinateL and Lin his bureauL do not appear in the /rant of such power to the J!buds!an. 0. Powe( of O& u!s&an O"e( 0is Office 4nder the Constitution5 the Jffice of the J!buds!an is an independent bod". As a I sweat, I bleed, I soar Service, Sacrifice, Excellence
V. Special P(osecuto(
Section 8. 'he e7istin/ 'anodba"an shall hereafter be .nown as the Jffice of the Special Prosecutor. $t shall continue to function and e7ercise its powers as now or hereafter !a" be provided b" law5 e7cept those conferred on the Jffice of the J!buds!an created under this Constitution.
'his provision applies onl" to civil actions for recover" of illE/otten wealth and not to cri!inal cases. 'hus5 prosecution of offenses arisin/ fro!5 relatin/5 or incident to5 or involvin/ illE/otten wealth in the said provision !a" be barred b" prescription.
/1# /11
Ombudsman v. CSC! @.=. :o. 1+221%, 1ul- &#, 2##/. ,ernas Primer at 44+ (2##+ ed.* /12 ,ernas Primer at 44/ (2##+ ed.* /1& ,ernas Primer at 44/ (2##+ ed.*
1(2
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
President5 the ;e!bers of the Cabinet5 the Con/ress5 the Supre!e Court5 and the Constitutional Co!!issions5 the J!buds!an5 or to an" fir! or entit" in which the" have controllin/ interest5 durin/ their tenure.
9Presidential AdEhoc -act -indin/ Co!!ittee on Behest Loans v. Deseirto5 ())): VI. IllH*otten Wealt#
Section 3B. 'he ri/ht of the State to recover properties unlawfull" ac<uired b" public officials or e!plo"ees5 fro! the! or fro! their no!inees or transferees5 shall not be barred b" prescription5 laches5 or estoppel.
VIII. T(anspa(enc) Rule

Section 38. A public officer or e!plo"ee shall5 upon assu!ption of office and as often thereafter as !a" be re<uired b" law5 sub!it a declaration under oath of his assets5 liabilities5 and net worth. $n the case of the President5 the ViceE President5 the ;e!bers of the Cabinet5 the Con/ress5 the Supre!e Court5 the Constitutional Co!!issions and other constitutional offices5 and officers of the ar!ed forces with /eneral or fla/ ran.5 the declaration shall be disclosed to the public in the !anner provided b" law.
'his provision applies onl" to civil actions for recover" of illE/otten wealth and not to cri!inal cases. 'hus5 prosecution of offenses arisin/ fro!5 relatin/5 or incident to5 or involvin/ illE/otten wealth in the said provision !a" be barred b" prescription. 9Presidential AdEhoc -act -indin/ Co!!ittee on Behest Loans v. Desierto5 ())): .% Does Section (8 prevent the prescription of the cri!eR A% Do. 'he ri/ht to prosecute cri!inall" can prescribe.+(6 Ba( .uestion D2JJ2E 6raft an! CorruptionC Prescription of Crime Suppose a public officer has co!!itted a violation of Section 2 9b: and 9c: of the AntiGraft and Corrupt Practices Act ],A Do5 2C():5 as a!ended5 b" receivin/ !onetar" and other !aterial considerations for contracts entered into b" hi! in behalf of the /overn!ent and in connection with other transactions5 as a result of which he has a!assed ille/all" ac<uired wealth. 9a: Does the cri!inal offense co!!itted prescribeR 91U: 9b: Does the ri/ht of the /overn!ent to recover the ille/all" ac<uired wealth prescribeR 92U: S$//ESTED ANSWER% a: A violation of Section 29b: and 9c: of the AntiE Graft and Corrupt Practices Act prescribes. As held in Presidential AdE#oc -actE-indin/ Co!!ittee on Behest Loans v. Desierto5 2(+ SC,A 1+1 9())):5 Article S$5 Section (8 of the Constitution does not appl" to cri!inal cases for violation of the AntiE Graft and Corrupt Practices Act 9b: Article S$5 Section (8 of the Constitution provides that the ri/ht of the State to recover properties unlawfull" ac<uired b" public officials or e!plo"ees5 or fro! the! or fro! their no!inees or transferees5 shall not be bared b" prescription. VII. Rest(iction on -inancial Acco&o!ations
Section 3:. Do loan5 /uarant"5 or other for! of financial acco!!odation for an" business purpose !a" be /ranted5 directl" or indirectl"5 b" an" /overn!entEowned or controlled ban. or financial institution to the President5 the ViceE
/14
II. Alle*iance to t#e State an! t#e Constitution

Section 37. Public officers and e!plo"ees owe the State and this Constitution alle/iance at all ti!es and an" public officer or e!plo"ee who see.s to chan/e his citi0enship or ac<uire the status of an i!!i/rant of another countr" durin/ his tenure shall be dealt with b" law.
.% ;i/uel is a holder of a A/reen cardB entitlin/ hi! to be a resident of the 4nited States per!anentl". $n his application for the card he put down his intention to reside in the 4nited States Aper!anentl"B. #e actuall" i!!i/rated to the 4nited States in ()*6 and thereb" assu!ed alle/iance to the 4nited States. #e however returned to the Philippines in ()*+ to run for !a"or of a !unicipalit". $s Article S$5 Section (* applicable to hi!R Does he have the necessar" residence re<uire!entR A% Article S$5 Section (* is not applicable because it has reference to Aincu!bents.B hat is applicable is Section >* of the J!nibus Election Code which bars Aa per!anent resident of or an i!!i/rant to a forei/n countr"B unless he waives his status as a per!anent resident of the forei/n countr". 'he !ere filin/ of a certificate of candidac" is not the re<uired waiver. $t !ust be b" a special act done before filin/ a certificate of candidac". 9Caasi v. CA5 ())C: I. Notes an! Co&&ents ) Do&on!on on A(ticle II
1.
,ernas Primer at 4%1 (2##+ ed.*
C(oni)is& which involves undul" favorin/ a cron" to the pre3udice of public interest is a for! of violation of the oath of office which constitute betra"al of the public trust.
1(6
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
1. An ad!inistrative officer /iven b" statute the ran. of &ustice is not a !e!ber of the &udiciar"5 but of the E7ecutive Depart!ent. #e !a" therefore be investi/ated b" the J!buds!an. 'he Supre!e Court does not have 3urisdiction to investi/ate because it would be violative of the concept of separation of powers. 9Doble3as v. 'ehan.ee5 ()>*:
1(8
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
$n the pursuit of these /oals5 all sectors of the econo!" and all re/ions of the countr" shall be /iven opti!u! opportunit" to develop. Private enterprises5 includin/ corporations5 cooperatives5 and si!ilar collective or/ani0ations5 shall be
A(ticle III NATIONAL ECONOMC AND PATRIMONC

I& 6OA.S O+ NA,IONA. ECONOM/ 9Section (: II& NA,?RA. RESO?RCES@RE6A.IAN DOC,RINE 9Sections 1: III& .ANDS O+ P?).IC DOMAIN 9Section 2: IV& CI,IJENSHIP REA?IREMEN, V& +ORES, .ANDS AND PAR:S 9Section 6: VI& ANCES,RA. .ANDS AND ANCES,RA. DOMAIN 9Section 8: VII& S,EWARDSHIP CONCEP,C ,RANS+ER O+ .ANDS9Section >5+5 and *: VIII&INDEPENDEN, ECONOMIC AND P.ANNIN6 A6ENC/ 9Section (+: I0& +I.IPINIJA,ION O+ AREAS O+ INVES,EMEN,S 9Section (*: 0& P?).IC ?,I.I,IES 9Section ((: 0I& PRE+ERN,IA. ?SE O+ +I.IPINO .A)OR 9Section (1: 0II& ,RADE PO.IC/ 9Section (2: 0III& S?S,AINED DEVE.OPMEN, O+ H?MAN RESO?RCEC PRAC,ICE O+ PRO+ESSION 9Section (6: 0IV& COOPERA,IVES 9Section (8: 0V& 6OCCS 9Section (>: 0VI& ,EMPORAR/ S,A,E ,A:E;OVER 9Section (+: 0VII& NA,IONA.IJA,ION O+ IND?S,RIES 9Section (*: 0VIII& MONOPO.IES 9Section (): 0I0& CEN,RA. MONE,AR/ A?,HORI,/ 9Section 1C: 00& +OREI6N .OANS 9Section 1(: 00I& PENA. SANC,IONS 9Section 11:
I. /oals of National Econo&)
Section 3. 'he /oals of the national econo!" are a !ore e<uitable distribution of opportunities5 inco!e5 and wealthG a sustained increase in the a!ount of /oods and services produced b" the nation for the benefit of the peopleG and an e7pandin/ productivit" as the .e" to raisin/ the <ualit" of life for all5 especiall" the underEprivile/ed. 'he State shall pro!ote industriali0ation and full e!plo"!ent based on sound a/ricultural develop!ent and a/rarian refor!5 throu/h industries that !a.e full and efficient use of hu!an and natural resources5 and which are co!petitive in both do!estic and forei/n !ar.ets. #owever5 the State shall protect -ilipino enterprises a/ainst unfair forei/n co!petition and trade practices.
encoura/ed to broaden the base of their ownership. A. T#(eefol! *oal of t#e national econo&)
(. ;ore e<uitable distribution of wealthG 1. $ncrease of wealth for the benefit of the peopleG 2. $ncreased productivit".
B. National Polic) on A*(icultu(al De"elop&ent In!ust(ialiFation an!
hat is envisioned is not necessaril" a/riculturall" related industriali0ation but rather industriali0ation that is a result of releasin/ throu/h a/rarian refor! capital loc.ed up in land. 'herefore5 this does not !ean a hardEbound rule that a/ricultural develop!ent !ust have priorit" over industriali0ation. hat is envisioned is a fle7ible and rational relationship between the two as dictated b" the co!!on /ood.+(8 C. Meanin* of t#e P#(ase ;$N-AIR -OREI/N COMPETITION AND TRADE PRACTICES? 'he phrase is not to be understood in a li!ited le/al and technical sense but in the sense of an"thin/ that is har!ful to Philippine enterprises. At the sa!e ti!e5 however5 the intention is not to protect local inefficienc". Dor is the intention to protect local industries fro! forei/n co!petition at the e7pense of the consu!in/ public.+(> D. DeHclassification of fo(ests (ese("es 'he law on forest reserves was a!ended b" Prsidential Decree Do. >62 dated (+ ;a" ()+6. hereas under previous law the concurrence of the Dational Asse!bl" was needed to withdraw forest reserves found to be !ore valuable for their !ineral contents than for the purpose for which the reservation was !ade and convert the sa!e into nonEforest reserves5 le/islative concurrence is no lon/er needed. All that is re<uired is a reco!!endation fro! the DED, Secretar" indicatin/ which forest reservations are to be withdrawn.+(+ An unclassified forested area !a" not be ac<uired b" continuous possession since it is inalienable.+(*
/1% /1+
,ernas Primer at 4%& (2##+ ed.* ,ernas Primer at 4%4 (2##+ ed.* /1/ Ape Minin% v. Soutneast Mindanao Gold! @.=. :o. 1%2+1& R :o. 1%2+22, 1une 2&, 2##+.
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$epublic v. :a%uiat! @.=. :o. 1&42#$. 1anuar- 24, 2##+. 1(>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA B. ConseMuence of t#e Re*alian Doct(ine in Section 2 An" person clai!in/ ownership of a portion of the public do!ain !ust be able to show title fro! the state accordin/ to an" of the reco/ni0ed !odes of ac<uisition of title. 9Lee #on/ Mo. v. David5 6* SC,A 2+1: .% hen the re/alia doctrine was introduced into the Philippines b" coloni0ers5 did the coloni0ers strip the natives of their ownership of landsR A% Do. A hen as far bac. as testi!on" or !e!or" /oes5 the land has been held b" individuals under a clai! of private ownership5 it will be presu!ed that to have been held in the sa!e wa" fro! before the Spanish con<uest5 and never to have been public land.B 9Carino v. $nsular Govern!ent5 ()C): C. I&pe(iu& an! Do&iniu& $n public law5 there e7ists the wellE.nown distinction between /overn!ent authorit" possessed b" the State which is appropriatel" e!braced in soverei/nt"5 and its capacit" to own or ac<uire propert". 'he for!er co!es under the headin/ of imperium5 and the latter of dominium. 'he use of the ter! dominium is appropriate with reference to lands held b" the State in its proprietar" character. $n such capacit"5 it !a" provide for the e7ploitation and use of lands and other natural resources5 includin/ their disposition5 e7cept as li!ited b" the Constitution.+1C D. Li&its I&pose! ) Section 2 on t#e 4u(a Re*alia of t#e State. (. Jnl" a/ricultural lands of the public do!ain !a" be alienated. 'he e7ploration5 develop!ent5 and utili0ation of all natural resources shall be under the full control and supervision of the State either b" directl" underta.in/ such e7ploration5 develop!ent5 and utili0ation or throu/h coE production5 3oint venture5 or productionEsharin/ a/ree!ents with <ualified persons or corporations. All a/ree!ents with the <ualified private sector !a" be for onl" a period not e7ceedin/ twent"E five "ears5 renewable for another twent"Efive "ears. 9'he twent"Efive "ear li!it is not applicable to Awater ri/hts for irri/ation5 water suppl"5 fisheries5 or industrial uses other than the develop!ent of water power5B for which Abeneficial use !a" be the !easure and the li!it of the /rant.B:
II. Natu(al Resou(ces1Re*alian Doct(ine

Section 2. All lan!s of t#e pu lic !o&ain5 waters5 !inerals5 coal5 petroleu!5 and other !ineral oils5 all forces of potential ener/"5 fisheries5 forests or ti!ber5 wildlife5 flora and fauna5 an! ot#e( natu(al (esou(ces a(e owne! ) t#e State. ith the e7ception of a/ricultural lands5 all other natural resources shall not be alienated. 'he e7ploration5 develop!ent5 and utili0ation of natural resources shall be under the full control and supervision of the State. 'he State !a" directl" underta.e such activities5 or it !a" enter into coE production5 3oint venture5 or productionEsharin/ a/ree!ents with -ilipino citi0ens5 or corporations or associations at least si7t" per centum of whose capital is owned b" such citi0ens. Such a/ree!ents !a" be for a period not e7ceedin/ twent"E five "ears5 renewable for not !ore than twent"Efive "ears5 and under such ter!s and conditions as !a" be provided b" law. $n cases of water ri/hts for irri/ation5 water suppl" fisheries5 or industrial uses other than the develop!ent of water power5 beneficial use !a" be the !easure and li!it of the /rant. 'he State shall protect the nationYs !arine wealth in its archipela/ic waters5 territorial sea5 and e7clusive econo!ic 0one5 and reserve its use and en3o"!ent e7clusivel" to -ilipino citi0ens. 'he Con/ress !a"5 b" law5 allow s!allEscale utili0ation of natural resources b" -ilipino citi0ens5 as well as cooperative fish far!in/5 with priorit" to subsistence fisher!en and fishE wor.ers in rivers5 la.es5 ba"s5 and la/oons. 'he President !a" enter into a/ree!ents with forei/nEowned corporations involvin/ either technical or financial assistance for lar/eEscale e7ploration5 develop!ent5 and utili0ation of !inerals5 petroleu!5 and other !ineral oils accordin/ to the /eneral ter!s and conditions provided b" law5 based on real contributions to the econo!ic /rowth and /eneral welfare of the countr". $n such a/ree!ents5 the State shall pro!ote the develop!ent and use of local scientific and technical resources. 'he President shall notif" the Con/ress of ever" contract entered into in accordance with this provision5 within thirt" da"s fro! its e7ecution.
2.
A. Re*alian Doct(ine =4u(a Re*alia> A'he universal feudal theor" that all lan!s ere hel! from the Cro n7 9Carino v. $nsular Govern!ent5 ()C): 9,eco/ni0ed in the ()285 ()+2 and ()*+ ConstitutionsG As adopted in a republican s"ste!5 the !edieval concept of ?ura regalia has been stripped of re/alia overtones= ownership is vested in the State5 not in the head of the State. 9Lee #on/ Mo. v. David5 6* SC,A 2+1:+()
/2# /1$
2.
Antonio :achura, ;utline on Political "aw, &%/ (2##+*
Antonio :achura, ;utline on Political "aw, &%+ (2##+*
1(+
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA authorit" to do so. $n the absence of such classification5 the land re!ains unclassified public land under released therefro! and rendered open to disposition. Itu(al!e ". -alcasantos' 3666% -orest land is nt capable of private appropriation and occupation in the absence of a positive act of the /overn!ent declassif"in/ it into alienable or disposable land for a/ricultural purposes. Accordin/l"5 where there is "et no award or /rant to petitioner of the land in <uestion b" free patent or other wa"s of ac<uisition of public land5 petitioner cannot lawfull" clai! ownership of the land. Possession of forest lands5 however lon/5 cannot ripen into private ownership. -. Reclai&e! lan!s .% hat is the nature of reclai!ed foreshore and sub!er/ed landsR A% 'he" are lan!s of pu lic !o&ain and5 unless classified as alienable5 !a" not be disposed of. .% -or reclai!ed land to be re/istered as private propert" what is re<uiredR A% 9(: 'here !ust be a proof that the land had been classified as alienableG 91: 'he person see.in/ re/istration !ust show proof of havin/ ac<uired the propert" 9e./.5 b" prescription:. 9,epublic v. Enciso5 1CC8: .% Could the Public Estates Authorit" dispose of reclai!ed landsR A% $n order for PEA to sell its reclai!ed foreshore and sub!er/ed alienable lands of the public do!ain5 there !ust be le/islative authorit" e!powerin/ PEA to sell these lands. ithout such le/islative authorit"5 PEA could not sell but onl" lease its reclai!ed foreshore and sub!er/ed alienable lands of the public do!ain. Devertheless5 an" le/islative authorit" /ranted to PEA to sell its reclai!ed alienable lands of the public do!ain would be sub3ect to the constitutional ban on private corporations fro! ac<uirin/ alienable lands of the public do!ain. #ence5 such le/islative authorit" could onl" benefit private individuals. 9Chave0 v. PEA and A;A,$5 &ul" )5 1CC1: A,eclai!ed lands of the public do!ain if sold or transferred to a public or !unicipal corporation for a !onetar" consideration beco!e patri!onial propert"K HandI !a" be soldK to private parties5 whether -ilipino citi0ens of <ualified corporations.B 9;a" >5 1CC2 ,esolution: .% hat is the nature of the ,opon//i propert" in &apanR A% $t is of public do!inion 9unless it is convincin/l" shown that the propert" has beco!e patri!onial:. As propert" of public do!inion5 the ,opon//i lot is outside the co!!erce of !an.
6.
%.
'he use and en3o"!ent of !arine wealth of the archipela/ic waters5 territorial sea5 and e7clusive econo!ic 0one shall be reserved for -ilipino citi0ens. 9$t would see! therefore that corporations are e7cluded or at least !ust be full" owned b" -ilipinos.: 4tili0ation of natural resources in rivers5 la.es5 ba"s5 and la/oons !a" be allowed on a As!all scaleB -ilipino citi0ens or cooperativesE with priorit" for subsistence fisher!en and fishwor.ers. 9'he bias here is for the protection of the little people.:+1(
E. Cases on Re*alian Doct(ine Sun ea& Con"enience -oo! ". CA' 373 SCRA AAG% A e adhere to the ,e/alian Doctrine where all a/ricultural5 ti!ber and !ineral lands are sub3ect to the do!inion of the State.B 'hus5 before an" land !a" be classified fro! the forest /roup and converted into alienable or disposable land for a/ricultural or other purposes5 there !ust be a positive act fro! the Govern!ent. 'he !ere fact that a title was issued b" the Director of Lands does not confer ownership over the propert" covered b" such title where the propert" is part of the public forest. Repu lic ". Sa)o' 363 SCRA 83% $t was held that in the absence of proof that propert" is privatel" owned5 the presu!ption is that it belon/s to the State. 'hus5 where there is no showin/ that the land had been classified as alienable before the title was issued5 an" possession thereof5 no !atter how len/th"5 cannot ripen into ownership. And all lands not otherwise appearin/ to be clearl" within private ownership are presu!ed to belon/ to the State. 9Seville v. Dational Develop!ent Co!pan"5 1CC(: $nite! Pa(acale ". !e la Rosa' 223 SCRA 3J7% 'he Court said that consonant with ,e/alian Doctrine5 all lands not otherwise appearin/ to be clearl" within private ownership are presu!ed to belon/ to the State. $t is also on the basis of this doctrine that the State has the power to control !inin/ clai!s5 as provided in PD (1(6. Repu lic ". Re*iste( of Dee!s of .ueFon' 2AA SCRA BG8% 4nder the ,e/alian Doctrine5 all lands not otherwise clearl" appearin/ to be privatel" owned are presu!ed to belon/ to the State. $n our 3urisdiction5 the tas. of ad!inisterin/ and disposin/ lands of the public do!ain belon/s to the Director of Lands and5 ulti!atel"5 the Secretar" of Environ!ent and Datural ,esources. 'he classification of public lands is5 thus5 an e7clusive prero/ative of the E7ecutive Depart!ent throu/h the Jffice of the President. Courts have no
/21
,ernas Primer at 4%/ (2##+ ed.*
1(*
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA or alienate lands of public do!ain. ;ore i!portantl"5 it cannot attain its avowed purposes and /oals since it can onl" transfer patri!onial lands to <ualified beneficiaries and prospective bu"ers to raise funds for the S;D,P. -ro! the fore/oin/ considerations5 we find that the +)Ehectare reclai!ed land has been declared alienable and disposable land of the public do!ainG and in the hands of D#A5 it has been reclassified as patri!onial propert".+12 /. E@plo(ation' De"elop&ent an! $tiliFation of Inaliena le Resou(ces.
A'he e7ploration5 develop!ent5 and utili0ation of natural resources shall be under the full control and supervision of the State. 'he State !a" directl" underta.e such activities5 or it !a" enter into coEproduction5 3oint venture5 or productionEsharin/ a/ree!ents with -ilipino citi0ens5 or corporations or associations at least si7t" per centum of whose capital is owned b" such citi0ensKB
Chavez v. NHA, G.*. #o. +,2.03) August +.) 0--3.

,eclai!ed land is public land. Before it can be re/isted as private propert" is !ust be classified as alienable.+11 Jnce classified it beco!es alienable. A presidential procla!ation is a sufficient instru!ent for classif"in/ reclai!ed land. 'hus when President A<uino issued ;J 6(8 conve"in/ the land covered b" the S!o.e" ;ountain Du!psite to the Dational #ousin/ Authorit" as well as the area to be reclai!ed across ,E(C5 the cone"ance i!plicitl" carried with it the declaration that said lands are alienable and disposable. Jtherwise5 the D#A could not effectivel" use the! in its housin/ and resettle!ent pro3ect. President ,a!os !ade si!ilar conve"ances to the D#A. ,A >)8+ as a!ended b" ,A ++(* provides a!ple authorit" for the classification of reclai!ed land. 'he fact that ,A >)8+ as !odified b" ,A ++(* declared that t reclai!ed lands that shall serve as pa"!ent to the pro3ect proponent alread" i!plies that the the land has been classified. 'his conclusion is necessar" for how else can the land be used as the enablin/ co!ponent for the Pro3ect if such classification is not dee!ed !ade. e ruled in +1A that Aalienable lands of public do!ain !ust be transferred to <ualified private parties5 or to /overn!ent entities not tas.ed to dispose of public lands5 before these lands can beco!e private or patri!onial lands 9e!phasis supplied:.B 'o lands reclai!ed b" PEA or throu/h a contract with a private person or entit"5 such reclai!ed lands still re!ain alienable lands of public do!ain which can be transferred onl" to -ilipino citi0ens but not to a private corporation. 'his is because PEA under PD (C*6 and EJ 818 is tas.ed to hold and dispose of alienable lands of public do!ain and it is onl" when it is transferred to -ilipino citi0ens that it beco!es patri!onial propert". Jn the other hand5 the D#A is a /overn!ent a/enc" not tas.ed to dispose of public lands under its charterN'he ,evised Ad!inistrative Code of ()*+. 'he D#A is an AendEuser a/enc"B authori0ed b" law to ad!inister and dispose of reclai!ed lands. 'he !o!ent titles over reclai!ed lands based on the special patents are transferred to the D#A b" the ,e/ister of Deeds5 the" are auto!aticall" converted to patri!onial properties of the State which can be sold to -ilipino citi0ens and private corporations5 >CU of which are owned b" -ilipinos. 'he reason is obvious= if the reclai!ed land is not converted to patri!onial land once transferred to D#A5 then it would be useless to transfer it to the D#A since it cannot le/all" transfer
/22
.% Section 1 spea.s of AcoEproduction5 3oint venture5 or production sharin/ a/ree!entsB as !odes of e7ploration5 develop!ent5 and utili0ation of inalienable lands. Does this effectivel" e7clude the lease s"ste!R A% Tes5 with respect to !ineral and forest lands. 9A/ricultural lands !a" be sub3ect of lease:+16 .% ho are <ualified to ta.e part in the e7ploration5 develop!ent and utili0ation of natural resourcesR A% -ilipino citi0ens and corporations or associations at least si7t" percent of whose capital is owned b" -ilipino citi0ens. 9Dote however5 that as to !arine wealth5 onl" -ilipino citi0ens are <ualified. 'his is also true of natural resources in rivers5 ba"s5 la.es and la/oons5 but with allowance for cooperatives.:+18 .% $f natural resources5 e7cept a/ricultural land5 cannot be alienated5 how !a" the" be e7plored5 developed5 or utili0edR A% 9(: Direct underta.in/ of activities b" the State or 91: CoEproduction5 3oint venture5 or productionE sharin/ a/ree!ents with the State and all Aunder the full control and supervision of the State.B .% ;a" the State enter into service contracts with forei/n owned corporationsR A% Tes5 but sub3ect to the strict li!itations in the last two para/raphs of Section 1. -inancial and e technical a/ree!ents are a for! of service contract. Such service contacts !a" be entered into only with respect to !inerals5 petroleu!5 and other !ineral oils. 'he /rant of such service contracts is sub3ect to several safe/uards5 a!on/
/2& /24
$epublic v. Enciso! @.=. 1+#14%, :ovember 11, 2##%.
C(ave& v. :#A! @.=. :o. 1+4%2/, August 1%, 2##/. ,ernas Primer at 4%/ (2##+ ed.* /2% ,ernas Primer at 4%$ (2##+ ed.*
1()
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA -. -inancial an! Tec#nical A*(ee&ents 'he ()*+ Constitution did not co!pletel" do awa" with service contractsG but now their scope has been li!ited and are now called financial and technical a/ree!ents and he" !a" be entered into with forei/n corporations. 'he /rant of such service contracts is sub3ect to several safe/uards5 a!on/ the!= 9(: that the service contract be crafted in accordance with a /eneral law settin/ standard or unifor! ter!s5 conditions and re<uire!entsG 91: the President be the si/nator" for the /overn!entG and 92: the President report the e7ecuted a/ree!ent to Con/ress within thirt" da"s.+1> -orei/n contractors !a" provide not 3ust capital5 techonolo/" and technical .nowEhow but also !ana/erial e7pertise to the e7tent needed for the creation and operation of the lar/eEscale !inin/%e7tractive enterprise. But the /overn!ent5 throu/h its a/encies 9DED,5 ;GB: !ust activel" e7ercises full control and supervision over the entire enterprise.+1+ III. Lan!s of Pu lic Do&ain
Section G. Lands of the public do!ain are classified into a/ricultural5 forest or ti!ber5 !ineral lands and national par.s. A/ricultural lands of the public do!ain !a" be further classified b" law accordin/ to the uses to which the" !a" be devoted. Alienable lands of the public do!ain shall be li!ited to a/ricultural lands. Private corporations or associations !a" not hold such alienable lands of the public do!ain e7cept b" lease5 for a period not e7ceedin/ twent"Efive "ears5 renewable for not !ore than twent"Efive "ears5 and not to e7ceed one thousand hectares in area. Citi0ens of the Philippines !a" lease not !ore than five hundred hectares5 or ac<uire not !ore than twelve hectares thereof5 b" purchase5 ho!estead5 or /rant. 'a.in/ into account the re<uire!ents of conservation5 ecolo/"5 and develop!ent5 and sub3ect to the re<uire!ents of a/rarian refor!5 the Con/ress shall deter!ine5 b" law5 the si0e of lands of the public do!ain which !a" be ac<uired5 developed5 held5 or leased and the conditions therefor.
the!= 9(: that the service contract be crafted in accordance with a /eneral law settin/ standard of unifor! ter!s5 conditions and re<uire!entsG 91: the President be the si/nator" for the /overn!entG and 92: the President report the e7ecuted a/ree!ent to Con/ress within thirt" da"s. 9La Bu/al B@laan 'ribal Assoc.5 1CC65 ,econsideration5 1CC8: .% hen technical and financial assistance a/ree!ent is entered into under Section 15 can it include so!e !ana/e!ent role for the forei/n corporationR A% Tes. hile the Constitution !entions onl" financial and technical assistance the" necessaril" include the !ana/erial e7pertise needed in the creation and operation of the lar/eEscale !inin/%e7tractive enterprise5 but the /overn!ent throu/h its a/encies 9DED,%;GB: !ust activel" e7ercises full control and supervision over the entire enterprise. 9La Bu/al B@laan 'ribal Assoc.5 1CC65 ,econsideration5 1CC8:
0. Ma(ine Wealt# Article S$$5 Section 1= AK'he State shall protect the nationYs !arine wealth in its archipela/ic waters5 territorial sea5 and e7clusive econo!ic 0one5 and reserve its use and en3o"!ent e7clusivel" to -ilipino citi0ens. 777B
Article S$$5 Section 1= A'he Con/ress !a"5 b" law5 allow s!allEscale utili0ation of natural resources b" -ilipino citi0ens5 as well as cooperative fish far!in/5 with priorit" to subsistence fisher!en and fishE wor.ers in rivers5 la.es5 ba"s5 and la/oons. A
Ma(*inal -is#e(&an% A !ar/inal fisher!an is defined as an individual en/a/ed in fishin/ b" e7istin/ price levels5 is barel" sufficient to "ield a profit or cover the cost of /atherin/ the fish while a AsubsistenceB fisher!an is one whose catch "ields but the irreducible !ini!u! to his livelihood. Section (2( of the Local Govern!ent Code defines a A!ar/inal far!er or fisher!anB as one en/a/ed in subsistence far!in/ or fishin/5 which shall be li!ited to the sale5 barter or e7chan/e of a/ricultural or !arine products produced b" hi!self and his i!!ediate fa!il". 'he preferential ri/ht /ranted to the! is not absolute. 9'ano v. Socrates5 ())+:
Classification of Pu lic Lan!s. 'he classification of public lands is a function of the e7ecutive branch of /overn!ent5 specificall" the Director of Lands5 now the Director of the Land ;ana/e!ent Bureau. 'he decision of the Director5 when approved b" the Secretar" of the Depart!ent of Environ!ent and Datural ,esources5 as to <uestions of fact5 is conclusive upon the courts. 9,epublic v. $!perial5 ())): 'he prero/ative of classif"in/ public lands pertains to ad!inistrative a/encies which have been speciall" tas.ed b" statutes to do so and the courts
/2+
La 6u%al 62laan Tribal Assoc. 99:=, @.=. :o. 12/222, December 1, 2##4. (;n =econsideration* and Februar- 1, 2##%. /2/ 0d.
11C
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA constitutional prohibition a/ainst corporations ac<uirin/ lands of the public do!ain. 'his is the controllin/ doctrine toda". 'he ()*+ Constitution prohibits private corporations fro! ac<uirin/ alienable lands of the public do!ain. Amari bein/ a private corporation5 is barred fro! such ac<uisition. 'he Public Estates Authorit" 9PEA: is not an end user a/enc" with respect to the reclai!ed lands under the a!ended &oint Venture A/ree!ent5 and PEA !a" si!pl" turn around and transfer several hundreds of hectares to a sin/le private corporation in one transaction. 9Chave0 v. PEA5 1CC2: .% hen does land of the public do!ain beco!e private landR A% hen it is ac<uired fro! the /overn!ent either b" purchase of b" /rant. 9As held in 3h Cho . :irector o# 7ands5 +8 Phil )*C5 Aall lands that were not ac<uired fro! the Govern!ent5 either b" purchase or b" /rant5 belon/ to the public do!ain. An e7ception to the rule would be an" land that should have been in the possession of an occupant and of his predecessorsEinEinterest since ti!e i!!e!orial5 for such possession would 3ustif" the presu!ption that the land had never been part of the public do!ain or that it had been private propert" even before the Spanish con<uest.B:
.% Can prescription transfor! public land into private landR A% Tes5 if it is alienable land. 9AJpen5 e7clusive and undisputed possession of alienable public land for the period prescribed b" law creates the le/al fiction whereb" the land5 upon co!pletion of the re<uisite period ipso ?ure and without need of 3udicial or other sanction5 ceases to be public land and beco!es private propert". Such open5 continuous5 e7clusive and notorious occupation of the disputed properties for !ore than 2C "ears !ust5 however5 be conclusi"el) established. 'his <uantu! of proof is necessar" to avoid erroneous validation of actuall" fictitious clai!s or possession over the propert" in dispute. 9San ;i/uel Corporation v. CA5 ())C: .% $n co!putin/ the thirt"E"ear period for ac<uisitive prescription under Section 6)9): of the Public Land Law5 can the period before the land 9e./. forest land: is converted into alienable public land be includedR A% DJ. 'he thirt"E"ear period onl" be/ins to toll onl" fro! the ti!e the land is converted into alienable land. 9Al!eda v. CA5 ())(: .% Do !inin/ clai!s ac<uired5 re/istered5 perfected5 and patentable under the Jld ;inin/ Law !ature to private ownership that would entitle the clai!ant to the ownership thereofR A% A;ere location does not !ean absolute ownership over the affected land or the !inin/ clai!. $t !erel" se/re/ates the located land or area for! the public do!ain b" barrin/ other wouldEbe locators fro! locatin/ the sa!e and appropriatin/ for the!selves the !inerals found therein. 'o rule otherwise would i!pl" that location is all that is needed to ac<uire and !aintain ri/hts over a
will not interfere on !atters which are addressed to the sound discretion of /overn!ent and%or <uasiE 3udicial a/encies entrusted with the re/ulation of activities co!in/ under their special technical .nowled/e and trainin/.+1* .% ho !a" chan/e the classification of public lands5 e./.5 fro! inalienable to alienable5 and how is the classification doneR A% 'he classification of public lands is the e7clusive prero/ative of the President upon reco!!endation of the pertinent depart!ent head. 9CA Do. (6(: .% Does the classification of land chan/e auto!aticall" when the nature of the land chan/esR A% Do. A positive act of the e7ecutive is needed. An"one who clai!s that the classification has been chan/ed !ust be able to show the positive act of the President indicatin/ such positive act. 'he classification is descriptive of its le/al nature and not of what the land actuall" loo.s li.e. #ence5 for instance5 that a for!er forest has been denuded does not b" the fact !eant that it has ceased to be forest land. 9Director of Lands v. &ud/e A<uino5 ())C: .% Can a land have a !i7ed classification5 e./.5 partl" !ineral5 partl" a/riculturalR A% Do. A'he Court feels that the ri/hts over the land are indivisible and that the land itself cannot be half a/ricultural and half !ineral.9,epublic v. CA: Aliena le lan!s of t#e pu lic !o&ain s#all e li&ite! to a*(icultu(al lan!s. $t was deter!ined that the lands sub3ect of the decree of the Court of -irst $nstance were not alienable lands of the public do!ain5 bein/ part of the reservation for provincial par. purposes and thus part of the forest 0one. -orest land cannot be owned b" private personsG its is not re/istrable5 and possession thereof5 no !atter how len/th"5 cannot convert it into private land5 unless the land is reclassified and considered disposable and alienable. -oreshore land is that part of the land which is between the hi/h and low water5 and left dr" b" the flu7 and reflu7 of the tides. $t is part of the alienable land of the public do!ain and !a" be disposed of onl" b" lease and not otherwise. 9,epublic v. $!perial5 ())): P(i"ate co(po(ations o( associations &a) not #ol! suc# aliena le lan!s of t#e pu lic !o&ain e@cept ) lease. $n :irector o# 7ands . IAC and Acme +lywood D<eneer Co., 'FH SC9A 5G(, the Supre!e Court declared that the ()+2 Constitution cannot i!pair vested ri/hts. here the land was ac<uired in ()>1 when corporation were allowed to ac<uire lands not e7ceedin/ (5C16 hectares5 the sa!e !a" be re/istered in ()*15 despite the
/22
$epublic v. Mendo&a! @= 1%&/2/. 4arch 22, 2##/.
11(
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA
located !inin/ clai!. 'his5 we cannot approve or sanction because it is contrar" to the intention of the law!a.er that the locator should faithfull" and consistentl" co!pl" with the re<uire!ents for annual wor. and i!prove!ents in the located !inin/ clai!s.B 9Director of Lands v. Malahi $nvest!ents5 ()*):
.% ;a" aliens lease land of the public do!ainR A% Do5 because that would en3o" en3o"!ent of the natural resources of the public do!ain. .% ;a" an alien lease a private landR A% Tes. A lease to an alien for a reasonable period is valid. So is an option /ivin/ an alien the ri/ht to bu" the real propert" on condition he is /ranted Philippine citi0enship. IV. CitiFens#ip ReMui(e&ent
CoEproduction5 3oint venture or production sharin/ a/ree!ents Hfor e7ploration5 develop!ent and utili0ation of natural resourcesI -ilipino citi0ens or Corporations or associations at least >CU of whose capital is -ilipino owned. 9Art. S$$5 Section 1: Dote=A/ree!ents shall not e7ceed a period of 18 "ears5 renewable for anther 18 "ears. E7clusivel" for -ilipino Citi0ens 9Art. S$$5 Section 1:
Section A. 'he Con/ress shall5 as soon as possible5 deter!ine5 b" law5 the specific li!its of forest lands and national par.s5 !ar.in/ clearl" their boundaries on the /round. 'hereafter5 such forest lands and national par.s shall be conserved and !a" not be increased nor di!inished5 e7cept b" law. 'he Con/ress shall provide for such period as it !a" deter!ine5 !easures to prohibit lo//in/ in endan/ered forests and watershed areas.
VI. Ancest(al Lan!s an! Ancest(al Do&ain

Section B. 'he State5 sub3ect to the provisions of this Constitution and national develop!ent policies and pro/ra!s5 shall protect the ri/hts of indi/enous cultural co!!unities to their ancestral lands to ensure their econo!ic5 social5 and cultural wellEbein/. 'he Con/ress !a" provide for the applicabilit" of custo!ar" laws /overnin/ propert" ri/hts or relations in deter!inin/ the ownership and e7tent of ancestral do!ain.
VII. Stewa(!s#ip ConceptK T(ansfe( of Lan!s

Section :. 'he use of propert" bears a social function5 and all econo!ic a/ents shall contribute to the co!!on /ood. $ndividuals and private /roups5 includin/ corporations5 cooperatives5 and si!ilar collective or/ani0ations5 shall have the ri/ht to own5 establish5 and operate econo!ic enterprises5 sub3ect to the dut" of the State to pro!ote distributive 3ustice and to intervene when the co!!on /ood so de!ands.
4se and en3o"!ent of the nation@s !arine wealth in its archipela/ic waters5 territorial sea and e7clusive econo!ic 0one ]PD (8))IG 4D Convention on the Law of the Sea 9ratified b" ,P in Au/ust5 ()*2:I Alienable lands of the public do!ain Hwhich shall be li!ited to a/ricultural landsI=
Jnl" for -ilipino citi0ens !a" ac<uire not !ore than (1 hectares b" purchase5 ho!estead or /rantG or lease not !ore than 8CC hectares. Private corporations !a" lease not !ore than (5CCC hectares for 18 "ears5 renewable for another 18 "ears. ,eserved for -ilipino citi0ens or corporations >CU of whose capital is -ilipino owned5 althou/h Con/ress !a" prescribe a hi/her percenta/e of -ilipino ownership 9Art. S$$5 Section (C: Jnl" to citi0ens of the Philippines or corporations at least >CU of whose capital is -ilipino owned. 9Art. S$$5 Section ((:
Section 8. Save in cases of hereditar" succession5 no private lands shall be transferred or conve"ed e7cept to individuals5 corporations5 or associations <ualified to ac<uire or hold lands of the public do!ain.
Certain areas of invest!ent Has Con/ress shall provide when the national interest so dictatesI See Anne2 ':$Si2th 9egular -oreign In estment 0egati e 7ist,$ 7ists A and 8/ -ranchise5 certificate or an" other for! of authori0ation for the operation of a public utilit".
Section 7. Dotwithstandin/ the provisions of Section + of this Article5 a naturalEborn citi0en of the Philippines who has lost his Philippine citi0enship !a" be a transferee of private lands5 sub3ect to li!itations provided b" law.
A. Stewa(!s#ip Concept See Section >. B. P(i"ate Lan!s 3. Rule an! E@ceptions R$LE% Do private lands shall be transferred or conve"ed e7cept to individuals5 corporations5 or
V. -o(est Lan!s an! Pa(9s
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UTOPIA
ARIS S. MANGUERA 'hus5 even if private respondents were alread" Canadians when the" applied for re/istration of the properties in <uestion5 there could be no le/al i!pedi!ent for the re/istration thereof5 considerin/ that it is undisputed that the" were for!erl" naturalE born citi0ens. 9,epublic v. CA5 128 SC,A >8+: ,A *(+) provides that naturalEborn -ilipino citi0en !a" ac<uire to a !a7i!u! area of private land to 85CCC s<uare !eters for urban land and 2 hectares for rural land. -urther!ore5 such land !a" now be used for business and for other purposes. A&e(icans #ol! "ali! title to p(i"ate lan!s as a*ainst p(i"ate pe(sons. A previous owner !a" no lon/er recover the land fro! an A!erican bu"er who succeeded in obtainin/ title over the land. Jnl" the State has the superior ri/ht to the land5 throu/h the institution of escheat proceedings Has a conse<uence of the violation of the ConstitutionI5 or throu/h an action #or re ersion Has e7pressl" authori0ed under the Public Land Act with respect to lands which for!erl" for!ed part of the public do!ainI. 2. Re&e!ies to Reco"e( P(i"ate Lan! f(o& DisMualifie! Alien (. Escheat Proceedin/s 1. Action for ,eversion under the Public Land Act &. An action for recover" filed b" the for!er -ilipino owner 9unless the land is sold to an A!erican citi0en prior to &ul" 25 ()+6 and the A!erican citi0en obtained title thereto. Action fo( (e"e(sion un!e( t#e Pu lic Lan! Act. 'he Director of Lands has the authorit" and the specific dut" to conduct investi/ations of alle/ed fraud in obtainin/ free patents and the correspondin/ titles to alienable public lands5 and 5 if facts disclosed in the investi/ation warrant5 to file the correspondin/ court action for reversion of the land to the State. 9,epublic v. CA5 (+1 SC,A (: 'he action of the State for reversion to the public do!ain of land fraudulentl" /ranted to private individuals is i!prescriptible. 9Ba/uio v. ,epublic5 ())): But it is the State alone which !a" institute reversion proceedin/s a/ainst public lands alle/edl" ac<uired throu/h fraud and !isrepresentation pursuant to Section (C( of the Public Land Act. Private parties are without le/al standin/ at all to <uestion the validit" of the respondent@s title 94r<ui/a v. CA5 ())): 'hus5 in !ankiko . Ce=ar, '(((5 it was held that where the propert" in dispute is still part of the public do!ain5 onl" the State can file suit for reconve"ance of such public land. ,espondents5 who are !erel" applicants for sales patent thereon5 are not proper parties to file an action for reconve"ance.
associations <ualified to ac<uire or hold lands of the public do!ain. EICEPTIONS% (. 1. #ereditar" Succession 9'his does not appl" to testa!entar" dispositions5 ,a!ire0 v. Vda. De ,a!ire05 ((( SC,A +6C: A natural born citi0en of the Philippines who has lost his Philippine citi0enship !a" be a transferee of private lands 9Section *5 Article S$$: 2. A!ericans hold valid title to private lands as a/ainst private persons
No p(i"ate lan!s s#all e t(ansfe((e! o( con"e)e! e@cept to in!i"i!uals' co(po(ations' o( associations Mualifie! to acMui(e o( #ol! lan!s of t#e pu lic !o&ain. An" sale or transfer in violation of the prohibition is null and void. $n 3ng Ching +o . CA, E4( SC9A 4F', it was held that even if the petitioner proves that the Deed of Sale in his favor is in e7istence and dul" e7ecuted5 nonetheless5 bein/ an alien5 petitioner is dis<ualified fro! ac<uirin/ and ownin/ real propert". -(enFel ". Catito' 2JJG% 'he Supre!e Court said that inas!uch as the petitioner is an alien5 he is dis<ualified for! ac<uirin/ and ownin/ lands in the Philippines. 'he sale of three parcels of lands was null and void. Deither can the petitioner recover the !one" he had spent for the purchase thereof. E<uit"5 as a rule will follow the law5 and will not per!it to be done indirectl" that which5 because of public polic"5 cannot be done directl". An action to (eco"e( t#e p(ope(t) sol! file! ) t#e fo(&e( owne( will lie. 9'he pari delicto rule has been abandoned as earl" as PBC v. Lui She5 1( SC,A 815 where the Supre!e Court declared that a lease for )) "ears5 with a 8CE"ear oprtion to purchase the propert" if and when on/ #en/ would be naturali0ed5 is a virtual surrender of all ri/hts incident to ownership5 and therefore5 invlaid.: Land sold to an alien which was later transferred to a -ilipino citi0enNor where the alien later beco!es a -ilipino citi0enNcan no lon/er be recovered b" the vendor5 because there is no lon/er an" public polic" involved. 9,epublic v. $AC5 (+8 SC,A 2)*G #alili v. CA5 ())+G Lee v. Director of Lands5 1CC(: A natu(al o(n citiFen of t#e P#ilippines w#o #as lost #is P#ilippine citiFens#ip &a) e a t(ansfe(ee of p(i"ate lan!s' su +ect to li&itations p(o"i!e! ) law. I sweat, I bleed, I soar Service, Sacrifice, Excellence
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Section 6. 'he Con/ress !a" establish an independent econo!ic and plannin/ a/enc" headed b" the President5 which shall5 after consultations with the appropriate public a/encies5 various private sectors5 and local /overn!ent units5 reco!!end to Con/ress5 and i!ple!ent continuin/ inte/rated and coordinated pro/ra!s and policies for national develop!ent. 4ntil the Con/ress provides otherwise5 the Dational Econo!ic and Develop!ent Authorit" shall function as the independent plannin/ a/enc" of the /overn!ent.
'he State can be put in estoppels b" the !ista.es or errors of its officials or a/ents. Estoppel a/ainst the State is not favoredG it !a" be invo.ed onl" in rare and unusual circu!stances as it would operate to defeat the effective operation of a polic" adopted to protect the public. #owever5 the State !a" not be allowed to deal dishonorabl" or capriciousl" with its citi0ens. $n 9epublic . CA, '((( because for nearl" 1C "ears startin/ fro! the issuance of the titles $ n())> to the filin/ of the co!plaint in ()*85 the State failed to correct and recover the alle/ed increase in the land area of the titles issued5 the prolon/ed inaction stron/l" !ilitates a/ainst its cause5 tanta!ount to laches, which !eans the Afailure or ne/lect5 for an unreasonable and une7pected len/th of ti!e5 to do that which b" e7ercisin/ due dili/ence could or should have been done earlier.B $t is ne/li/ence or o!ission to assert a ri/ht within a reasonable ti!e5 warrantin/ a presu!ption that the part" entitled to assert it either abandoned it or declined to assert it. -o(ei*n co(po(ations an! lan!. A forei/n corporation !a" bu" shares in e7cess of 6CU of the shares of the corporation. But the effect would be that the corporation it bu"s into would lose its status as a -ilipino corporation and its capacit" to hold private land.+1) $t should be noted5 however5 that the prohibition in the Constitution on aliens applies onl" to ownership of land. $t does not e7tend to all i!!ovable or real propert" as defined under Article 6(8 of the Civil Code5 that is5 those which are considered i!!ovable for bein/ attached to land5 includin/ buildin/s and construction of all .ind attached to the soil.+2C Violation ) aliens. An atte!pt b" an alien to circu!vent to prohibition on alien ac<uisition of land can have dire conse<uences for such alien. 'hus an alien !a" not be rei!bursed for the !one" he /ave to his wife to purchase land and build a house.. 4pon the dissolution of the co!!unit" of propert" the alien rei!burse!ent in e<uit" on the theor" that ;aria !erel" held the propert" in trust. 'o clai! e<uit" he !ust co!e with clean hands. Mlaus .new he was violatin/ the law when he purchased the land.+2( VIII. In!epen!ent Econo&ic an! Plannin* A*enc)
II. -ilipiniFation of A(eas of In"est&ents

Section 3J. 'he Con/ress shall5 upon reco!!endation of the econo!ic and plannin/ a/enc"5 when the national interest dictates5 reserve to citi0ens of the Philippines or to corporations or associations at least si7t" per centum of whose capital is owned b" such citi0ens5 or such hi/her percenta/e as Con/ress !a" prescribe5 certain areas of invest!ents. 'he Con/ress shall enact !easures that will encoura/e the for!ation and operation of enterprises whose capital is wholl" owned b" -ilipinos. $n the /rant of ri/hts5 privile/es5 and concessions coverin/ the national econo!" and patri!on"5 the State shall /ive preference to <ualified -ilipinos. 'he State shall re/ulate and e7ercise authorit" over forei/n invest!ents within its national 3urisdiction and in accordance with its national /oals and priorities.
Manila P(ince 0otel ". /SIS' 288 SCRA AJ7% 'he Supre!e Court said that the ter! Apatri!on"B pertains to herita/eNand for over ei/ht decades5 the ;anila #otel has been !ute witness to the triu!phs and failures5 loves and frustrations of the -ilipinoG its e7istence is i!pressed with public interestG its own historicit" associate with our stru//le for soverei/nt"5 independence and nationhood. Veril"5 the ;anila #otel has beco!e part of our national econo!" and patri!on"5 and 8( U of its e<uit" co!es within the purview of the constitutional shelter5 for it co!prises the !a3orit" and controllin/ stoc.. Conse<uentl"5 the -ilipino -irst polic" provisions is applicable. -urther!ore5 the Supre!e Court said that this provision is a positive co!!and which is co!plete in itself and needs no further /uidelines or i!ple!entin/ rules or laws for its operation. $t is per se enforceable. $t !eans precisel" that -ilipinos should be preferred and when the Constitution declares that a ri/ht e7ists in certain specified circu!stances5 an action !a" be !aintained to enforce such ri/ht. I. Pu lic $tilities
/2$ /&#
8.G. Summit v. C.A.! @.=. :o. 1242$&. 1anuar- &1, 2##% 8.G. Summit v. C.A.! @.=. :o. 1242$&. 1anuar- &1, 2##% /&1 Muller v. Muller! @.=. :o. 14$+1%, August 2$, 2##+.
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UTOPIA
ARIS S. MANGUERA rollin/ stoc.s li.e coaches5 rail stations5 ter!inals and power plant5 not public utilit". hat constitute a public utilit" is not their ownership but their use to the public. Ba*atsin* ". Co&&ittee on P(i"atiFation% 'he Court held that Petron is not a public utilit"G hence there is no !erit to petitioner@s contention that the sale of the bloc. of shares to Ara!co violated Article S$$5 Section (( of the Constitution. A public utilit" is one or/ani0ed Afor hire or co!pensationB to serve the public5 which is /iven the ri/ht to de!and its service. Petron is not en/a/ed in oil refinin/ for hire or co!pensation to process the oil of other parties. 4/ Su&&it 0ol!in*s ". CA' 2JJG% A public utilit" is a business or service en/a/ed in re/ularl" suppl"in/ the public with so!e co!!odit" or service of public conse<uence5 such as electricit"5 /as5 water5 transportation5 telephone or tele/raph service. 'o constitute a public utilit"5 the facilit" !ust be necessar" for the !aintenance of life and occupation of the residents. As the na!e indicates5 Apublic utilit"B i!plies public use and service to the public. A ship"ard is not a public utilit". $ts nature dictates that it serves but a li!ited clientele who! it !a" choose to serve at its discretion. $t has no le/al obli/ation to render the services sou/ht b" each and ever" client. TELEBAP ". COMELEC' 276 SCRA GG8% All broadcastin/5 whether b" radio or television stations5 is licensed b" the Govern!ent. ,adio and television co!panies do not own the airwaves and fre<uenciesG the" are !erel" /iven te!porar" privile/e of usin/ the!. A franchise is a privile/e sub3ect to a!end!ent5 and the provision of BP **( /rantin/ free airti!e to the CJ;ELEC is an a!end!ent of the franchise of radio and television stations. 4/ Su&&it 0ol!in*s ". CA' 2JJG% A 3oint venture falls within the purview of an AassociationB pursuant to Section (( of Article S$$G thus a 3oint venture which would en/a/e in the business of operatin/ a public utilit"5 such as a ship"ard !ust co!pl" with the >CUE6CU -ilipinoEforei/n capitali0ation re<uire!ent.
Section 33. Do franchise5 certificate5 or an" other for! of authori0ation for the operation of a public utilit" shall be /ranted e7cept to citi0ens of the Philippines or to corporations or associations or/ani0ed under the laws of the Philippines5 at least si7t" per centum of whose capital is owned b" such citi0ensG nor shall such franchise5 certificate5 or authori0ation be e7clusive in character or for a lon/er period than fift" "ears. Deither shall an" such franchise or ri/ht be /ranted e7cept under the condition that it shall be sub3ect to a!end!ent5 alteration5 or repeal b" the Con/ress when the co!!on /ood so re<uires. 'he State shall encoura/e e<uit" participation in public utilities b" the /eneral public. 'he participation of forei/n investors in the /overnin/ bod" of an" public utilit" enterprise shall be li!ited to their proportionate share in its capital5 and all the e7ecutive and !ana/in/ officers of such corporation or association !ust be citi0ens of the Philippines.
A franchise5 certificate or authori0ation shall not be e7clusive nor for a period !ore than 8C "ears5 and shall be sub3ect to a!end!ent5 alteration or repeal b" Con/ress. All e7ecutive and !ana/in/ officers !ust -ilipino citi0ens. $n +ilipino !elephone Corporation . 09C, EGG4, it was held that a franchise to operate a public utilit" is not an e7clusive private propert" of the franchisee. Do franchisee can de!and or ac<uire e7clusivitl" in the operation of a public utilit". 'hus5 a franchisee cannot co!plain of sei0ure or ta.in/ of propert" because of the issuance of another franchise to a co!petitor. See Albano . 9eyes, '*5 SC9A EHF, where the Supre!e Court said that Con/ress does not have the e7clusive power to issue such authori0ation. Ad!inistrative bodies5 e./. L'-,B5 E,B5 etc.5 !a" be e!powered to do so. $n +hilippine Airlines . Ci il Aeronautics 8oard, '((* where it was held that Section (C5 ,A ++>5 reveals the clear intent of Con/ress to dele/ate the authorit" to re/ulate the issuance of a license to operate do!estic air transport services. $n Lnited 8roadcasting 0etworks . 0ational !elecommunications Commission, EGG4: the Supre!e Court ac.nowled/ed that there is a trend towards dele/atin/ the le/islative power to authori0e the operation of certain public utilities to ad!inistrative a/encies and dispensin/ with the re<uire!ent of a con/ressional franchise. #owever5 in this case5 it was held that in view of the clear re<uire!ent for a le/islative franchise under PD 8+>EA5 the authori0ation of a certificate of public convenience b" the D'C for the petitioner to operate television Channel 18 does not dispense with the need for a franchise. Tata! ". /a(cia% 'he Constitution5 in no uncertain ter!s5 re<uires a franchise for the operation of public utilities. #owever5 it does not re<uire a franchise before one can own the facilities needed to operate a public utilit" so lon/ as it does not operate the! to serve the public. hat private respondent5 in this case5 owns are rail trac.s5
II. P(efe(ential $se of -ilipino La o(

Section 32. 'he State shall pro!ote the preferential use of -ilipino labor5 do!estic !aterials and locall" produced /oods5 and adopt !easures that help !a.e the! co!petitive.
III. T(a!e Polic)
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ARIS S. MANGUERA
under reasonable ter!s prescribed b" it5 te!poraril" ta.e over or direct the operation of an" privatel"Eowned public utilit" or business affected with public interest.
Section 3G. 'he State shall pursue a trade polic" that serves the /eneral welfare and utili0es all for!s and arran/e!ents of e7chan/e on the basis of e<ualit" and reciprocit".
IIII. Sustaine! De"elop&ent of 0u&an Resou(ceK P(actice of P(ofession

Section 3A. 'he sustained develop!ent of a reservoir of national talents consistin/ of -ilipino scientists5 entrepreneurs5 professionals5 !ana/ers5 hi/hElevel technical !anpower and s.illed wor.ers and crafts!en in all fields shall be pro!oted b" the State. 'he State shall encoura/e appropriate technolo/" and re/ulate its transfer for the national benefit. 'he practice of all professions in the Philippines shall be li!ited to -ilipino citi0ens5 save in cases prescribed b" law.
Ta9eo"e( of Pu lic $tilities. 'he power /iven to the President to ta.e over the operation of public utilities does not stand alone. $t is activated onl" if Con/ress /rants e!er/enc" powers to the President under Article V$5 Section 12.+21
IVII. NationaliFation of In!ust(ies

Section 37. 'he State !a"5 in the interest of national welfare or defense5 establish and operate vital industries and5 upon pa"!ent of 3ust co!pensation5 transfer to public ownership utilities and other private enterprises to be operated b" the Govern!ent.
IVIII. NationaliFation of In!ust(ies IIV. Coope(ati"es

Section 3B. 'he Con/ress shall create an a/enc" to pro!ote the viabilit" and /rowth of cooperatives as instru!ents for social 3ustice and econo!ic develop!ent. Section 36. 'he State shall re/ulate or prohibit !onopolies when the public interest so re<uires. Do co!binations in restraint of trade or unfair co!petition shall be allowed.
$n Cooperati e :e elopment Authority . :ole#il Agrarian 9e#orms 8ene#iciaries Cooperati e, EGGE, the Supre!e Court said that5 after ascertainin/ the clear le/islative intent of ,A >)2)5 it now rules that the Cooperative Develop!ent Authorit" 9CDA: is devoid of an" <uasiE3udicial authorit" to ad3udicate intraEcooperative disputes and5 !ore particularl"5 disputes related to the election of officers and directors of cooperatives. $t !a" however5 conduct hearin/s and in<uiries in the e7ercise of its ad!inistrative functions. IV. /OCCs
Section (>. 'he Con/ress shall not5 e7cept b" /eneral law5 provide for the for!ation5 or/ani0ation5 or re/ulation of private corporations. Govern!entEowned or controlled corporations !a" be created or established b" special charters in the interest of the co!!on /ood and sub3ect to the test of econo!ic viabilit".
Monopol). A !onopol" is Aa privile/e or peculiar advanta/e vested in one !ore persons or co!panies5 consistin/ in the e7clusive ri/ht 9or power: to carr" on a particular business or trade5 !anufacture a particular article5 or control the sale of a particular co!!odit".B Clearl"5 !onopolies are not per se prohibited b" the Constitution but !a" be per!itted to e7ist to aid the /overn!ent in carr"in/ on an enterprise or to aid in the perfor!ance of various services and functions in the interest of the public. #owever5 because !onopolies are sub3ect to abuses that can inflict severe pre3udice to the public5 the" are sub3ected to a hi/her of State re/ulation than an ordinar" business underta.in/ 9A/an &r. v. P$A'CJ: 'he Constitution does not absolutel" prohibit !onopolies. 'hus for e7a!ple5 an award for stevedorin/ and arrastre services to onl" one corporation is valid. 9Philippine Authorit" v. ;endo0a: Be that as it !a"5 in !atad . Sec., '((*, the Supre!e Court declared that Article S$$5 Section () is antiEtrust in histor" and spiritG it espouses co!petition. 'he desirabilit" of co!petition is the reason for the prohibition a/ainst restraint of trade5 the reason for the interdiction of unfair co!petition5 and the reason for the prohibition in un!iti/ated
/&2
IVI. Te&po(a() State Ta9eHO"e(

Section 38. $n ti!es of national e!er/enc"5 when the public interest so re<uires5 the State !a"5 durin/ the e!er/enc" and
Obiter in 9avid v. Ermita! @.=. :o. 1/14#$, 4a- &, 2##+. 11>
FRATERNAL ORDER
SCHOOL OF LAW
OF
UTOPIA
ARIS S. MANGUERA II. -o(ei*n Loans
Section 23. -orei/n loans !a" onl" be incurred in accordance with law and the re/ulation of the !onetar" authorit". $nfor!ation on forei/n loans obtained or /uaranteed b" the Govern!ent shall be !ade available to the public.
!onopolies. A !ar.et controlled b" one pla"er 9!onopol": or do!inated b" a handful of pla"ers 9oli/opol": is hardl" the !ar.er where honestEtoE /oodness co!petition will prevail. $n this case5 it cannot be denied that our downstrea! oil industr" is operated and controlled b" oli/opol"5 forei/n oli/opol" at that. So5 of onl" to help the !a" who are poor fro! further sufferin/ as a result of un!iti/ated increase in the prices of oil products due to dere/ulation5 it is a !ust that ,A *(*C be repealed co!pletel". $n !anada . Angara, E*E SC9A '), the Supre!e Court said that the 'J does not violate Article $$ Section ()5 nor Sections () and (1 of Article S$$5 because these sections should be read and understood in relation to Sections ( and (2 of Article S$$5 which re<uire the pursuit of trade polic" that Aserves the /eneral welfare and utili0es all for!s and arran/e!ents of e7chan/e on the basis of e<ualit" and reciprocit".B $n Association o# +hilippine Coconut :esiccators . +hilippine Coconut Authority, '((), the Supre!e Court declared that althou/h the Constitution enshrines free enterprise as a polic"5 it nevertheless reserves to the Govern!ent the power to intervene whenever necessar" for the pro!otion of the /eneral welfare5 as reflected in Sections > ad () of Article S$$. Monopolies in (est(aint of t(a!e. Contracts re<uirin/ e7clusivit" are not per se void. Each contract !ust be viewed isBKB is all the circu!stances surroundin/ such a/ree!ent in decidin/ whether a restrictive practice should be prohibited as i!posin/ an unreasonable restraint on co!petition.+22 III. Cent(al Moneta() Aut#o(it)
Section 2J. 'he Con/ress shall establish an independent central !onetar" authorit"5 the !e!bers of whose /overnin/ board !ust be naturalEborn -ilipino citi0ens5 of .nown probit"5 inte/rit"5 and patriotis!5 the !a3orit" of who! shall co!e fro! the private sector. 'he" shall also be sub3ect to such other <ualifications and disabilities as !a" be prescribed b" law. 'he authorit" shall provide polic" direction in the areas of !one"5 ban.in/5 and credit. $t shall have supervision over the operations of ban.s and e7ercise such re/ulator" powers as !a" be provided b" law over the operations of finance co!panies and other institutions perfor!in/ si!ilar functions. 4ntil the Con/ress otherwise provides5 the Central Ban. of the Philippines operatin/ under e7istin/ laws5 shall function as the central !onetar" authorit".
III. Penal Sanctions

Section 22. Acts which circu!vent or ne/ate an" of the provisions of this Article shall be considered ini!ical to the national interest and sub3ect to cri!inal and civil sanctions5 as !a" be provided b" law.
/&&
Avon v. Luna! @. =. :o. 1%&+/4, December 2#, 2##+.

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FRATERNAL ORDER

ATENEO DE MANILA UNIVERSITY

MANGUERA OUTLINE CONSTITUTIONAL LAW I

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ATENEO DE MANILA UNIVERSITY

Andres D. ,autista, 0ntroduction to Constitutional "aw 1, !lide 4 1une 1+, 2##/.

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ATENEO DE MANILA UNIVERSITY

-. .ualities of *oo! w(itten constitution

Broad(8 Brief(> Definite(+

/. Essential pa(ts of a *oo! w(itten constitution Constitution of /overn!ent(* Constitution of libert"()

,atio le/is et ani!a12 4t !a/is valeat <ua! pereat16

Cru), Political "aw.

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ATENEO DE MANILA UNIVERSITY

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Constitutional review.2( D. Repu licanis&

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ARTICLE I% NATIONAL TERRITORC

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8808. ARTICLE II DECLARATION O- PRINCIPLES AND STATE POLICIES

+ull Pu%lic Disclosure 9Q1*: I. P(inciples an! State Policies

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Econom'9Q(): Private Sector an! Private

Communication an! Information 9Q16: 0. .ocal Autonom' 9Q18:

E2ual Access to Opportunities 9Q1>: 000. Pu%lic Service 9Q1+:

,ernas Commentar-, p &/(2##& ed*.

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ATENEO DE MANILA UNIVERSITY

Preamble3 Article 00, !ection 1.

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,ernas Commentar-, p 44(2##& ed*.

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,ernas Primer at $ (2##+ ed.* !inco, Philippine Political "aw, p / (1$%4ed*.

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ATENEO DE MANILA UNIVERSITY

,ernas Primer at 1# (2##+ ed.* ,ernas Primer at 11 (2##+ ed.*

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ATENEO DE MANILA UNIVERSITY

,ernas Primer at 12 (2##+ ed.* 1#4 ,ernas Primer at 12 (2##+ ed.*

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ATENEO DE MANILA UNIVERSITY

(1* (2* (&*

1#$ 11# 111

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ATENEO DE MANILA UNIVERSITY

,ernas Commentar-, p /2 (2##& ed*. ,ernas Primer at 1% (2##+ ed.*

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/. Essential pa(ts of a oo! w(itten constitution Constitution of /overn!ent( Constitution of libert"()

,ernas Commentar-, p /2 (2##& ed. ,ernas Primer at 1% (2##+ ed.

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