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Legislative Department

Doctrine of Inappropriate Provision
-Gonzales v Macaraeg : -this is one way to expand
the Item-Veto Rule
-dedicated to 1 purpose
Rider nothing to with the particular item
Executive Impoundment Pres simply refuses to
spent the amt appropriated by Congress
- one way to exercise item-veto rule; it is
a limitation but not to diminish the powers of
the Pres
- Marcos v Macaratos : Pres id authorize
under the residual unstated power
Real Parties in Interest - who may question (Pres
-those who garnered the 2
and 3
in the
Presidential Eectoral (Estrada v Arroyo)
Presidential Immunity from Suit can be invoked
only during the tenure
Diff tenure from term
Relinquishment of term of office (Estrada Casev
Can file a case a gainst him? No, because the
immunity is enjoyed only during the term of office.
Public Officials or the holder of the immunity may
invoke it (Soliven v Macasiag)
Memorize Art 7, Sec 6 ; Power of Appointment
Calderon v Carale: list is exclusive
Ad-Interim appointment it is effective
immediately, thus no need to seek the approval of
the Commission of Appointment
Nature: Permanent (Matibay v Benipayo)
Power of Control by the Pres Power of the Pres
to modify or alter the act o the subordinate officer
with regards to his powers
Can it be basis of Pres disciplinary powers?
No, power of Control cannot be the source yet may
use power of supervision.
Basis of any disciplinary action of the Pres: it is the
Power to Appoint (Ang-Angco v Castillo)
Doctrine of Qualified Political Agency Pres have
power to control over its subordinate officers
Power of Supervision supervises to ensure that
laws are properly executed
Specific Military Powers Call out AFP
Q:Suspension of writ of habeas corpus?
-May still avail it bec it is limited to persons
judicially charged with rebellion or invasion. Not an
absolute provision.
Power to Place the Country into Martial Law
Limitations: 1) Suspension cannot exceed 60days
2)Congress may review the suspension
3)SC may review the suspension and
nullify the same.
Pardoning Power Absolute , complete and no need to
take effect on the acceptance
Except: conditional pardon
Legal effect: Santos v Factoran :
1) It removes the penalties and disabilities
2) If public officer, cannot be restored into
its previous position
If pardon is granted but the person/accused is still
questioning thru appeal, what is the legal effect of
-Pardon can never tale effect unless the appeal is
withdrawn, thus the pardon is suspended.
Aquino v Comelec Creation of the Legislative District
Sc held that theres no specific provision in the
constitutionthat prescribes the minimum population
requirement of 250, 000 pop to create the legislative
Parliamentary Immunity (Antero Pobre v Santiago)
Can Courts decide WON congressional member
misbehaved? NO, Only congress may decide.
Jurisdiction of House of Rep with respect to Party List
Party List Nominee Where to File
Pamparan v HRET
Malina Case: Prohibition of the Consti Provision
-Yes, bec the appointment was not shown in an ex-
officio capacity (Dotc Undersec)
Phil. Truth Commission v Ochoa
-unconstitutional, it singled out administration
Power to Appoint - de Castro v JBC & GMA
-applies only to appointments in executive dept
Aytona v Castillo midnight appointment
tax payers suit if it deals with the illegal
disbursement of public funds
Voters suit must show interest; the constitutional
issue have transcendental importance (Makalintal v
Electoral Tribunal)


Judicial Power actual prophecy not abstract matter;
should be existing actual conflict
-determination of WON there has been a grave abuse of
(Garcia v Board of Investment)
-SC reversed it bec it is prejudicial to public interest