ATTY. JORGE ALFONSO MELO ATTY, SESS RAYMUND M. LOPEZ Bar Revie Executive Cond ANGELO ARAYATA CECILE GOTAMCO PAT GERALDEZ KC VILLANUEVA ‘centraf Bar Operations Board FIELLE IGNACIO Votuataer MARIA AVANCENA PAULINE ONGTENCO ‘Design Commitee2015 POLITICAL LAW PRE-WEEK REVIEWER CONSTITUTION What are the Essential Parts of a Written Constitution? A: Constitution of Liberty — prescziptions setting forth: civil and political rights of Giizens; and imposing: imitations on Powers of govemment as a means of Securing the enjoyment of such rights. Constitution Gf Government — provisions outlining the organization of goverment, snumerating. its powers, laying down sules regarding its ‘aidministration, and defining the electorate. “~ . Constitution of Sovereignty — provisions Pointing cut the mode or procedure with wéhicts formal changes in the fundamental law may be made. Q: Differentiate Amendments from Revisions. AL Purpose: to improve specific | examine entirety parts ‘Affects only the | Affects several Specific provision | provisions amended ‘Rate, reduces, Aveo veletes without | basic principles aitering basic Affects principle substantial enticoty Ex extending | Ex shit tom tern tit of presidentiat to House parhamentary Representatives | system aia |. THE PHILIP SINE Q: How to determine whether change is an Amendment or a Revision? A. Two-Part Test (Lambino v COMELEC. GR No, 174153, 2006) 1. Quantitative test — whether the change is 50 extensive as to change the “substance entirely” by the number of provisions affected without considering the degree of change. 2. Qualitative Test — whether the change wil affect the nature of the basic govermmental plan. Q: What are the steps in the amendatory process? A: | Proposat @ Congressional Assembly (ConAss} - by a vote of % of all ts members (2/4 Senate and 3/6 HOR}. b. Consiitutional Convention {ConCon) > question of whether fo call a ‘ConCon oF not: S People’s Initiative Requicements: 1. Petition must be signed be af feast 12% of all registered voters. 2, Evesy legislative district represented by at least 3% of the registered voters therein, Limitations: 4. No amendment in this manner within 5 years from ratification of the 1987 Constitution. 2. No amendment in this manner - sore oRen than once every 5 years thereafter. aT2015 POLITICAL LAW PRE-WEEK REVIEWER 3. Applies ony to amendments, and not revisions. 1. Ratification ‘The proposed amendment becomes part of the Constitution when ralified by a majority of the votes cast in a plebiscite held not earier than 60 days nor later than 90 days after approval of the proposal by Congress, or the Constitutional Convention, or after cettifcation by the COMELEC of the Suficoncy of the petition under Sec. 2, Art i. Q Are Constitutional provisions self executory? AS General’ Rule: Yes, they are self: executory. They are complete in itself; operative without the aid of supplementary ‘oF enabling legislation; supplies a sufficient rule: by means. of which the right is grants “may be enjoyed or protected. Exeeation: Those that onty tay’ down general principles such as mast of sections in Art IE They do not bestow" rights nor elevate priviteges to the level of enforceable fights. They merely specify guidelines for Legislative and Executive adtion. en ii. GENERAL CONSIDERATIONS Q: What is the acchipetagic dactrine? A: it is 2 doctrine of national ternitory articulated in the second sentence of Section 4, Article |, which provides: “The waters around, between, and connecting the istands of the archipelago, regardless of their breadth and dimensions, forms part of the internal waters of the Phifippines.” it is based on the principte that an + archipelago, which consists of a number of islands separated by bodies of water, should be treated.as one integral unit. Q: What are the 3 basic principies of archipelagic States? A; The three basic principles are: 1. An archipelagic State, whose compenent islands and other natural features form = an intrinsic geographical, economic and political entity, and historically have, or may have been regarded as such, may sraw straight baselines connecting the outermost points of the ‘outermost islands and drying reefs OF the archipelago from which the extent of the tesitorial sea of the archipelagit: state is, or may be determined. 2. The waters within the baselinas, regardless of their deptty or distance from the coast, the sea-bed and the subsoil, and the supenjacent airspace, as well as all their sesources, belong to, and are subject to the sovereignty. of the... archipetagic State: 3. Innocent passage of foreign. vessels. through the waters: of. the: archipelagic State shail be. allowed ~ fo acconiance. wih is nadonal legislation, having regard to existing rules of intemationat Taw. ‘Such passage shall be teougtr sea fanes as may be designated for the purpose by the archipelagic State. ‘@ Whatis a Continental Shelf? A:A continental shelt is composed of 1. The submerged prolongation of the and territory of the coastal State ~ the seabed and subsoil of the submarine areas that extend beyond its teritorial sea to the outer edge of the continental margin: or 2. To a distance of 200 nautical miles where the outer edge of the continental margin doos not extend2015 POLITICAL LAW PRE-WEEK REVIEWER © up to that distance (UNCLOS Article 76 (1). Q: What is the extent of our maritime zones? Absolute saverelanty Q: What is the treatment of the Baselines Law (RA No. 9522} to the Kalayaan Group of islands? A: The Kalayaan Island Group (0G) as sonstiluted under Presidential Decree No. 1596 and the Bajo de Masinioc, also known as Scarborough Shoal, are not included in the Islands enclosed by the Philippine archipelagic baselines, and are instead treaied as “regime of isiands.” @: What is the basis of the Philippine claim to the KIG {also known as the Spratly islands) and Scarborough Shoal? Ac It is based on Article | of the 1987 Constitution, which states that the national teritory includes “ait other temitories over which the Phitippines has sovereignty or jusisdiction” Q: ts the use of the framework of “Regime of islands” in RA. No. 9822 ta determine the Matitime Zones of the KIG and the Scarborough Shoal inconsistent with the Philippines’ claim of sovereignty over these areas? A: No. Far from surrendering the Philippines’ daim over the KIG and the ‘Scarborough Shoal, Congress’ decision to dassify the KIG and the Scarborough Shoat as “regime of isiands" under the Phiippines is consistent with Art. 121 of UNCLOS Ut and manifests the Philippines’ responsible observance'-of its pacta sunt servanda obligation under UNCLOS i” Under this article, any “naturally formed area of tand, surrounded by water, which is above water at high tide,” such as the KIG, qualifies under the category of “regime of istands” whose lands generate their own applicable matitine zones (Magationa v. Ermita, GR No, 187467, 2017). @: Does the Baselines Law.abasdon. the. Philippines claim over Sabah under RA, No. 5448? A: No. The definition of the baselines of the tesritorial sea of the Philippine archipelago is without prejudice to the delineation of the baselines of the terflorial sea around the territory of Sabah, situaled in North Borneo, over which the Philippines has acquired dominion and sovereignty (Sec. 2 of RA. No. 5446), Q: Does consent to be sued include consent to be bound by the judgment or decision? A: No. Consent to be sued does not include consent to the execution of judgment against it Such execution will require another waiver because the power of the court ends when judgment is rendered, Page 3.of 1082073 POLITICAL LAW PRE-WEEK REVIEWER since goverment funds and properties may not be seized under writs of execution or gamishment, unless such disbursements ate covered by appropriation as required by law (Repuote Vilasor, G.R. No, 1-30871, ‘Q: is the Air Transportation Office {ATO} covered by state immunity from suit? A: No. ATO does not enjoy sovereign immunity because even if if is Proprietary function (ATO v. David, @R. No. 458402, 2011}. When a private corporation entered into exploration and development of Maturat resources with the Stato, wil it be covered by state immunity? A: No. It did not become an agent of the State by virtue of a Service Contract which Gid not consfitute Shel to represent the ‘State in dealing with third persons, The ‘contract merely gave rise to a contractual commitment on the part of Shell fo undertake extraction and exploration but Never to represent the State in its dealings (Shell Exptoration Philippines v. Jalas, GR. No. 379916, 2010) Q: What is "soft iaw"? A: “Soft faws" are non-binding sorms, Principles, and practices that influence state behavior such as certain declaralions and resolutions of the UN. General Assembly (Pharmaceutical and Health Care Association of the Philippines v. Duque If, ‘GBR No, 173034, 2007) Does “soft taw” form part of the law of the land by the doctrine of incorporation? A; It depends. For an international rule to be considered as customary law, it must be established that such rule is being followed by states because they consider it obligatory to comply with such rules (opinio juris). Uniess it can be shown that this soft taw has been enforced, practiced, and considered as binding by states, soft law cannot be deemed to form part of the law of the land {Pharmaceutical and Health Care Association of the Philippines v. Duque if, G.R No, 173034, 2007). @ Can the BIR impose additional requirements for obtaining a refund that is based on an intemationat agreement? A: No. The Constitution provides for adherence to the generat principles of internationat taw as part of the law of the and. Obligations under a treaty must be ‘complied with in good faith. The BIR rust not impose additional requirements. that wi ° - negate the: avaiment-of the reliefs: pai for under intemational agreement. - Bank Ag ¥. CIR, GA No. 148550, 2083}: iil, LEGISLATIVE DEPARTMENT ee @: What are the rules on apportionmant of tegistative districts? A: 1. Remust be based on uniform and progressive ratio, 2. Each city with not tess than 250,000 inhabitants shall be entitied to at feast 1 representative, 3. Each province, inespective of number of inhabitants, is entiled to at least 4 representative. 4, Each legistative district shatl Comprise, ‘a8 fer 2s practicable, contiguous, compact, and adjacent territory. No Page 4 of 108‘S.” Reapportionment is done by Congress ‘within 3 years following the retum of every census, & is Congress preciuded trom increasing its membership in excess of 250 based on Section 5, Article i? A: No. The Constitution does not prechide Gongress from inereasing ts membership by passing 2 law other than a general “apportionment taw (Mariano v. COMELEC, BR No, 118577, 1995}. ‘&: May Congress validly delegate to the “ARMM Regional Assembly the power fo " Steste legislative districts? . exclusively in Congress. Aceerdingly, Section 19, Article Vi of RA. Nov Seed ‘which grants the ARMM Regional Assembly the power fo create provinces’ and cities, is” void for being contrary to the Constitution (Sema v. COMELEC, GR No. 177597, 2008). A It depends. Distinction musi be made between the entitiement of a city to a district ‘on one hand, and the entitlement of a Province to 2 district on the other. White a Province is entitled {0 af least. 1 Fepresentative regardless of population, 2 city must initially meet a minimum Population of 250,000 ia order to be similarly entities (Aquine v. COMELEC. GR No. 189793, 2010) Ea 2015 POLITICAL LAW PRE-WEEK REVIEWER, Q: Ta be entitied to an additionat district, does 2 city have to increase its Population by another 259,0007 A: No. While Section 5 @}, Artie Vi requires a city to have 3 minimum population of 250,000 to be entitled to a sepresertative, it does nat have to increase ts population by another 250,009 to be enlitled to an additional district. @ In case of vacancy in the Sanate or. the House of Representatives, js..it mandatory to fill up the vacancy? ‘ A: No. Section 9, Article VI provides that “in case of vacancy in the Senate ot in. the. House of Representatives, a special election may be called fo fil such vacancy in the manner prescribed hy law, bul the Senator or Member of the House of Representatives thus elected shall serve ‘only for the unexpired terms” (Tolentino’ ¥. COMELEC, GR. No, 187958, 2004), Gz Can party fists that gamered jess than. 2% of the totat votescast occupy 2 seat inthe House? A: Yes. The additionat seats (those remaining after the allocation of Party-list ‘organizations including those that recsived Jess than 2% of the total votes. @: How can a party-list join an electorat contest? Ac it must undergo the process of (1) registration and} Accreditation relates to the privileged Patticipation that our election law grant to qualified registered parties. Registration frecedes accreditation (Magdalov. COMELEC, G.R. No. 190793, 2012). @ Who may participate in party-tist aie Page 5 of 108,2018 POLITICAL LAW PRE-WEEK REVIEWER efdetions? A: Three different groups may participate in the partylist system (1} national parties or ‘organizations; 2) regional parties or organizations; and (3) sectoral parties or organization. 4, National parties of organizations and regional parties ar organizations de not need to organize slong sectoral fines and do not need to represent any “marginalized and underrepresented” list elections provided they register ~ under the party-ist system and do not, fickd candidates in legislative district slectons. A political party, whether majorly or not, that fields candidates in jegistative district elections can patticpate in party-list clections only through is sectorat_ wing that can separately register under the party-list system. The sectorai wing is by itself an independent sectoral party, ands finked to a political party through a coalition, goncems of their sector. The sectors that are “marginalized and underrepresented” include labor, peasant, fisherfolk, urban poor. indigenous cultural . handicapped, veterans, and overseas workers. The sectors that lack “well- defined political constituencies” inctude professionals, the elderly, women, and the youth, ‘4. A majority of the mombers of sectoral "Parties: or organizations that sepresent the marginalized and underrepresented communities,” must belong t% the “marginalized and underrepresented” sector — they Fepresent. Similarly, @ majority of the members of sectoral parties or political consiituencies™ must belong to the sector thay represent. The narinees: ‘of sectoral parties or organizations that represent the “marginalized and underrepresented,” or that represents those who tack “welhdefined poiitical constituencies,” either must befong to thelr respective sectors, or must have -@ track record of advocacy for their respective sectors. The nominees of national and regional patties or omganizations mysf..be bona-fide members of “such parties or 5. Nasional, regional, and sectoral parties ‘of organizations shail not be disqualified if some of their - nominees are dsquaified, provided that they have at least one nominee who remains “qualified (Atong. ”.. Pagleum:.” v- COMELEC, 6. No. 203766; 2013)0- G: Are sectoral parties required: “to adduce evidence showing their track. secord that they have undertaken. to further the cause of the sector they represent? A: No. it is sufficient that their ideals are geared towards the cause of the sector they Fepresent (Abang Lingkod v. COMELEC, GR, No, 206952, 2613) @: Js preventive suspension considered an “interruption” of a term under Section 8, Article X and Section 43 (b) of RA. No. 71607 . A; No, @ preventive suspension cannot simply be considered an interruption because the suspended official continues to stay ia office although barred from exercising the functions and prerogatives of > Page 6 of 108 OTH eothe office within the suspension period. The best indicator of the suspended official's continuity ia office is the absence of & Permanent replacement and the lack of the authority to appoint one since no vacancy exists {Aovino v. COMELEC, GR No. 184836, 2008). @: Can a Congressman be preventively suspended by the Sandiganbayan fer violation of Anti Graft Law notwithstanding the exclusive power of Congress to disciptine its member? A: Yes. Santiago _v. ‘Sandganbayan, —the_—_—stespension contemplated in Section 16 (3), Article VI of the: Constitution is a punishment that is imposed by the Senate or House of Representatives upon an erring member. it is distinct from the suspension under Section 13 of the AntiGraft and Corrupt Practices Act, which is not a penalty but a preventive measure. Since Section 13 of the Anti-Graft and Corruption Practices Act does not slate tal the public officer must be suspended only in the office where he i allened to have committed the acts which he has been charged, it applies to any office As held in which he may be holding. & Compare and contrast the disqualifications fram _—_holding ae rcs Beans eee As oe eee 2045 POLITICAL LAV PRE-WEEK REVIEWER Fewure ‘During [Term | hiceaad @: What are the voting majorities required in Congress? rors aaa es rs Be ae roy . ma ars Barter ete cee ‘See. 16) ZT ot Aa aony afAi—) Ses SOD af Bath | Sec 29 Houses, voting |” ‘State of Wer. ‘Override ‘Wi of AR te | See aU) presidenisvete. _| House of Origin - Quorum Go| Mejerty win | Sec. Tea business: Gargutsive | Aveina Power of ths | Cusnes House a ‘Fax Brompton | Majonty of | See 280 FF] Maprty of Boh | Sec 8, AE new = new vice | Houses, voting | Vi president separately hominsted by the president, ‘Determination tat | WS of Bath [ See. 11, Ae the presiéent 13 | Houses, voting | Vil te | separatety peesidentiat voting ‘lection separately Revocation Wajody of All, | Sac 18, AL proctamstion ‘yoling jointy "| VAL Page 7 of 1082015 POLITICAL. WEEK REVIEWER Bigpity of Ri | See A i vt Wajeay FAN | See 7, AT Si Q: What is the basis for determining the existence of a quorum in the Senate? A. The basis in determining the existence of @ quorum in the Senate 33 the total number of Senators who are in the country end within the coercive jurisdiction of the Senate. (Avelino v. Cuenco, G.R Np. L- 2824, 1949). Q: When does the Electoral Tribunals jurisdiction begin? ‘Ax The HRET may assume jurisdiction only after the candidate is considered a member of the House of Representatives. Tobe-considered:a member, there cust be:. 1. Valid proctamation, 2. Aproper oath; and ‘3. Assumption of the functions of the office as a member of the House (Reyes v. ‘COMELEC, G.R. Mo, 207264, 2013). & What is the minimum’ required number of elected senators belonging to the same potitical party in order for the party to qualify for a seat in the ‘Commission on Appointments? A: A political party must have at feast 2 elected senstors for every seat in the ‘Commission on Appointments (Guingona v. Gonzales, 214 SCRA 789, 1993) Q: Is it mandatory to elect 12 senators and 12 members of the HOR to the ‘Commission on Appointments? A: No. The Consfitufion does not ‘contemplate thal “the Commission on Appointments must necessarily include 12 senators and 12 members of the HOR. ‘What it requires is that there be at least a majority of the entire membership {Guingona v. Gonzales, 214 SCRA 789, 1993). @ fs the rule on proportional representation if Section 18, Article Vt mandatory? A: Yes. tt is. “and does not feave any room for dis fo the majority party in the House to disobey or disregard the rele on proportional representation. Otherwise, the partys-with the majority representation can"BY" sheer force of mumber impose its wii on the hapless minority. Section 18 is, in effect, a check on the majority party (Guingona v. Gonzales, 244 SCRA 783, 1993). Q: What are the limitations to Congress’ plenary power of legistation? x A. Substantive Limits the content of: laws: Express timitations 4. No ex post facto ews. 2. Nobitt of attainder. 3. Congress may net appropriations recommended by the President for the operation of government as specified in the budget. (Sec. 25(1), Art. VP. 4, No public money or property shail be appropriated, applied. paid, or employed, directly or indirectly for the use, benefit; or support of any sect, church, denomination, sectarian institution, or ‘system of religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the: i) armed forces, oF i) aay penal inelitution, or ingease Page 8 of 108without its advice and concurrence (Sec, 30, Art VD. 6. All cevenues and assets of non stock, non-profit educational institutions used actualy, directly, and exctusively for educational purposes shall be exempt from taxes and dues (Sec. # (3), At XY. 7. No law granting @ tite of royalty or nobility shail be passed (Sec 31, Aut. VD. Implied imitations 4. Non-dalegation of legislative powers: delegate polesias nor potest deleyan. 2° Prohibition against the passage of ‘rrepeatable laws. B. Procedural 4. Oneditle and orte-subjact {proscription against riders) 2. Three zeadings on separate days, and distribution of printed copies in iis final form 19 members three days before its passage Exception: When the president certifies to its immediate enactment to meet a public calamity oF emergency. (Sec. 26, Art. YD. @: May Congress write the criteria necessary for the creation of a city, including the conversion of a raunicipality into a city in another law? A: No. The constitution requires the Congress {0 stipulate in the Local Govemment Code al the criteria necessary for such. (League of Cities of the Phil. ot al. v. COMELEG, ef al, GR No. 176951, 2011} . aa ¥ CENTRAL ORS ‘2018 POLITICAL LAW PRE-WEEK REMEWER Dierentiate legislative inquiries under Sections 21 and 22 of Article Vi. Oversight Function Only Department Heads may appess Entire body conducts investigation ‘Any subject matter | Matters elated to the of egitation Department only Mandatory Diseretonary @: Does the sub judice rule apply in inquisiesiraktof legisiation? (A: No. The: sub juice nite: does-not apply int inguiies: inaid of tegislation. The Senate: Rules of Procedure Governing inquiries in Ait of Legislation provide that the filing or pendency of any prosecution of ciminst or administrative action should not stop or abate any inquiry to carry out a legisiative purpose. Hence, no individual can escaps the power of the Senate to investigate, even if he of she has a pending administrative or ‘criminal case (Sabio v. Gordon, G.R. No. 174340, 2006) Q: What is the scope of the Bicameral Conference Committee's powers? ° A: The Bicameral Conference Committee |. Adopt the Bit entirely, or Amend; or Revise: oF |. Fleconcite the House Bill and the Page 9 of 1082015 POLITICAL LAW PRE-WEEK REVIEWER Q; Does the pork-barref system violate the separation of powers? A: Yes. The principle of separation of powers may be violated in two ways: (1) when one branch interferes impennissibly with the perfarmance of germane to the subject of the bits before another branck of its constitutionally, the Committee (Tolenting v. Secretary of assigned functions, or (2) when one Finance, G.R. No, 115455, 1994f-> assumes a function that is more properly entrusted fo another. The enforcement of Q: What are the nonesistetiva fnetions the national budget is a function of Congress? seeps constitutionally assigned fo the executive branch of goverment, Upon approval of the A: CODE: CATIN GAA, the lewemaking role of Congress 4. To act as Nationat board of comes to an end (Belgica v. Ochoa, GR canvassers for President,.and Vice No, 208586, 2013}. President (Art Vil, Sec. 4} 2. Te decide whether the President is Does the pork-barrel system violate Temporarily disabled in the event non-delegabiity of legistative power? reassumes his office after the Cabinet, by a majority of vote of its A. Yes. The system has accoried. members, dectates that he i unable fegistators a post-enactment avthonity: t9-- to discharge the powers and duties identify projects they desire to be funded, of his office. (Art. Vi, Sec. 11}. and to realign and release funds. The post- 3. To concur in the grant of Amnesty enactment: identification. authority. giver ta by the President (Art. Vi, Sec. 19). individual legislators violates the principle of 4, To initiate (HOR) and, to ty al non-delegabifty of legislative power, since cases of impeachment (Senate), legistators are allowed + individually: to against the: ‘exercise the power of appropriation, which a. President is lodged in Congress (Belgica v. Ochoa, b. Vice President G.R. No. 208566, 2013). &. Members of the SC 4, Members of the Constitutional Q: Does the pork-barrel system viotate Commissions the principle of Local Autonomy? ®. Ombudsman For any of the following offenses: A; Yes, it violates the principle of tocal {(CTG-BOB) autonomy since it allows cational officers 10 i. Culpable violation of the substitule their projects in utilizing public ‘Constitution funds for local development (Belgica ¥. Treason ‘Ochoa, G.R. No, 208566, 2013}. ii. Bribery Wv. Graff and corrupfion Q: What are the sequisites for the valid v. Betrayal of public trust transfer of appropriated funds under vi. Other high crimes (Art XI, Section 25 {5}, Article VI? (LSA) Sec. 2-3) 5. To act as.a Constituent assembly for A: 1, Thereis a Law authorizing the the sevision or amendment of the . | President, . Senate President, Constitution. (Art, XVID. ‘Speaker of the House, Chief Justice, > Bage 10 of 108 PRRand heads of the Constitutionat Commissions. 2. The funds to be wansfered are Savings genersied from the ‘appropriations for their respective offices; and 3. The purpose of the wansfer is to Augment an item in the general Appropriations jaw for their -respective offices. @: Considering the above requisites, whatroadtivities under the DAP are unconstitutional? ‘agencies and the declaration of the watrawn unobigated _adotments and unreleased appropriations 2! Savings prot to the snd ofthe fiscal year and without complying with the ‘statutory definiion of savings contained in te General Appropriations Act. * 2. Cross-border transfers of savings of the executive department to offices outside the executive department. 3. Funding -of projects, activities, Brograms ot covered by in the General Aopepriatons Ad (araull v Aquina, GR No, 209287, 2014). Q: When can the President exercise the power of augmentation? AN: The President may, by law, be authorized to augment any item in’ the General Appropriations Law. their respective offices from savings in other iteins of their respective appropriations {Section 25, Article Vi: Sanchez v. COA). 2015 POLITICAL LAW PREAWEEK REVIEWER iV. EXECUTIVE DEPARTMENT @: When is the President immune from suit? ‘A; 1. During tenure, for both officiat and unofficial acts, 2 After tenure, only for offcial acts (Estrada v. Desierto, GR No. 446710, 2001) ee Q: What are the sequisites for = valid claim of Executive Privilege? A: 4. The protected communication must tree yelate to a quintessential and non- delegable presidential power. 2. it must be authored, solicited, and received by a close advisor of the President of the President himself or herseif {operationat proximity test) 3... may be overcame by @ showing... of adequate~ need; suche thats tne trovalabiity of he information elsewhere by an appropriate investigating authority (Nei ¥. ‘Sonate, G.R. No.180643, 2008). Q: fs there an exception to Executive Privitege? A; Yes. Executive priviiege cannot be used to conceal a crime or a possible wrongdoing. Thus, the specific need for evidence in a pending criminal tial outweighs the President's generalized interest in confidentiality (New v. Senate, GR No. 180643, 2008). Q Does Executive Privitege violate the peopie’s right to information? "A: No, Section 7, Articte ll provides that the Page 11 of 10820% POLITICAL LAW PRE-WEEK REVIEWER fight :s “subject to such limitations as may be provided by few". in the case of Ned x. Ermita, peliioner was precluded from divuiging the answers to the 3 questions by Section 7 of RA. No. 6713, Arlicle 229 of the RPC, Section 3(k} of RA. No. 3019, ard Section 24 (e}, Rule 120 of the ROC. These are in addition to the larger concept of executive privilege, which recognizes the public's interest in the confidentiality of certain information (Nerv. Senate, G.R. No, 160643, 2008). @: Is there an exception to the prohibition on the President and hisiher Official family from holding any other office or employment? A: Yes. The prohibition must not be construed to apply t0 posts occupied by Executive officiais without additional ‘compensation in an ex-officia capacity, as Provided by law and as required by the Primary functions of said official's office. These posts do not comprise “any other office” (Nationat Amnesty Commission v. COA, G.R. No. 156982, 2004), Q: What is covered by presidential isnmunity from suit? A; ILextends to official acts of the president during tenure. Unlawful acts of public officiats are rot acts 0f Slate. The officer who acts legally fs not acting as such, but stands in the same footing as any other trespasser. Once out of office, even before the end of the six year tenn, immunity for non-official acts 15 lost (Estrada v. Besietto, GR No. 148710-15, 2001). Q: May it be invoked by a Oepartment Secretary? A: No, Even if the DECS Secretary is an aiter ego of the President, the President's rae immunity from suit cannot be invoked because the questioned acis are not the ‘acis of the President but merely those of a Department Secretary (Gioris ¥. CA, GR Ne. 119903, 2000). Q: What is the doctrine of qualified political agency? A: The doctrine of qualified political agency dectares that, save in matters on which the Constitution or the creumstances require the President to act perst executive and administrative funcllohs fe exercised through executive departments headed ty cabinet secretaries, whose acs are presumptively the acts of the President unless disapproved by the SH8f There can. be no question that the act of the secretary is the act of the President, unless repudiated by the latter. In-arcase, approval of the Amendments.to the Supplemenial Tol Operation Agreement (ASTOA} by the DOTC Secretary had the same: effect as approval: by the: President. The same woult’be true’even without the isstiance: of EQ. No. 487, in which. the: President’ specifically “delegated. to the + DOTC Secretary the suthority to approve contracts entered into by the Tot Regulatory Board (Hontiverns-Baraquel vs. Toll Reguletory Board, G.R. No. 181293, 2015) ~@ Differentiate Ad interim from Teraporary Appointments, A: Ad interim appointments refer to positions that need confirmation by the ‘Committee on Appointment, it is given only while Congress is not in session. it is considered as a permanent appointment (Pamantasan ng Lungsad ng Maynita ¥. JAC, 140 SCRA 22}. Ad interim appointments may be terminated for any of the following causes: 4. Disapproval_of the appointment by the Commission on Appointment Page 12 of 108interim appointment (Matibag ¥. Benipayo, GR. No. 449036, 2002}. ‘Temporary appointments are not subject to confirmation by the Commission on Appointments. Such confinnation, if given ‘erroneously, wil not make the incumbent permanent employee {Valencia v. Peralta, 8 SCRA 692, 1963). Q: What are the conatitutional limitations onthe President's appointing power? A:4. The President may not appoint his oF her spouse and relatives by consanguinity or affinity within the 4' Givit degree 25 members of the: ‘Constitutional Commissions ‘Ombudsman Department Secretaries Undersecretaries Chaimen and heads of pene assumption of office, (See. 14, Art i. 3. Two months immediately before the next presidential elections and up to the end of his or her term, a President or Acting President shaft net "“make appoiniments except temporary executive positions when contiued vacancies therein wil prejudice public service ar endanger public safety (Sec. 15, Art Vi). Bay 2015 POLITICAL LAW PRE-WEEK REVIEWER @: What is the category or categories of officials whose appointments need confirmation by the Commission on Appointments? A: The only officers whose appointments. need confirmation are the head of executive . departments, ambassadors, other public ministers and consuls, officers.of the AFP fram rank of colonel or naval captain, and other officials whose appointment are vested in the Presi Constitution (Sarmiento v, Miso 549, 1987}. Q: Does the assismption of office on the basis of the ad rim appointments issued bythe President amount to + temporary, appointment which is prohibited by Section 1 {2}, Article XC? A: An ad interim appointment is a permanent appointment because it takes. affect immediately and can no. jonges. be: withdrawn by the President once the appointee has qualified into office (Matibag v: Benipayo;. G:F: No: 149036, 2002)" Q: Dees the ban oi. “midnight. appointments” under Szction 15, Article ‘Vil apply to the Judiciary? A: No, the prohibidon does not extend to appointments in the Judiciary, Had the framers intended to extend the prohibition to the appointment of Members of the Supreme Court, they could have explicitly done so. The prohibition is confined to appointments in the Executive Department by the President or Acting President {De Castro v. JBC, 615 SCRA 666, 2010}. Neither does it apply to focal executive afficials (Quirog v. Aumentado, G.R. No. 163443, 2008} URAL2045 POLITICAL LAW PREWEEK REVIEWER : May the succeeding President revoke appointments to the Judiciary made by an Acting President? A: No. Section 14, Arficle Vit refers only fo appointments in the executive department. ICnas no application to appointments in the Judiciary because temporary or acting appointments can only undermine the judiciary due to their being revocable at wilt Prior 1 their mandatory revement or resignation, judges of the first or second. fevel courts and the Justices of the thd level cours may only be removed for cause; but the members of the Supreme Cour may be removed only by impeachment (De Castro v. JBC, 615 SCRA 666, 2010). May the president appoint an individual as acting Solicitor Genera} snd acting Secretary of Justice in a concurrent capacity? A: No. The designation of Alberto Agra as acting Secretary of Justice concurently with his position. as. Solicitor General is in violation of the constitutional. prohibition under Section 13, Anicte Vit. # is of no moment that the designation was in a temporary capacity. The Constitution makes no reference to the mature of the dasignation (Funa v. Agra, 691 SCRA 196, 2013}, Q: What is the nature of the President's power aver locat governments? A: The president's power over local governments is only one of generat supervision, and not one of control, A basic feature of focal fiscat autonomy is the automatic release of LGU shares in the tational intemal revenue a3 mandated by the Constitution (Pimentel v. Aguire, G.R. Neo. 132988, 2000). @: May the President = merge administrative regions? A: Yes. To faciitale the exercise of pawer of general supervision of local government, the president may merge administrative regions and transfer the regional center to Koronadal City from Cotabato City (Republic v. Bayao, GR No. 179492, 2013), Q fs RA. No. 6776, insofar as it confers fo the President disciplinary authority \ -gver the Deputy Ombudsman, valid? A; No, The alter egos of the President and the officiats of the Executive Department are subject 10 the disciplinary authority of the ‘Ombudsman. The deputy Ombudsmen act 3s agents of the Ombudsman in the performance of their duties. Thus, subjecting the deputy Ombudsmen to the power 10° discipine and removal. by: the- President will seriously place at risk the independence of the Ombuciaman. within the Office. of the: Ombudsman: (Gonzales sil v. Office of the President, G.R No. 196231, 2012}. Q: Distinguish between “pocket veto” and “em veto.” A: A pockst vote is when the president is ‘considered to have rejected a bill submitted to him for his appraval when Congress adjouns during the period given fo the president to approve of reject a bil. An item veto or partial veto is the power of @ president to nllfy or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire Jegistative package. Page 14 of 108Distinguish the President's authority to dectare a state of rebellion and the authority ta proclaim 2 state of national emergency. A: The authority fo decane a state of rebelfion emanates from the President's power as Chief Executive. in ‘Saniakas, it wes deemed harmless and without legal Significance, in deciaring a state of nationat emergency, ‘the President did not only sely on Section 18, Aricie Vil, but aiso on Section 17, @: Is @ Presidential prociamation of a state of emergency sufficient to allow the President to take over any public utility? A: No. Since it is an aspect of emergency * Powers in accordance with Section 23 (2), Article Vi of the Constitution, there must be: @ faw delegating such power to the President (David v. Macapagal-Arroyo, G.R. No. 171396, 2008}, What are the safeguards in the exercise of Congress’ grant of authority to take aver private corporations and institutions under Section 17, Article Xil? A: 1. There must be war or a declared ational emergency. 2 Delegation is for a limited period oniy. 3. Delegation is subject to restrictions prescribed by Congress. 4. Emergency powers are exercised 10 camy out a declared national ‘emergency. 2015 POLITICAL LAW PRE-WEEK REVIEWER ‘% May the President issue “decrees” in ‘a state of rebeltion? AL No. PP. No. 1107 is unconstitutional insofar as it grants the President the authority to promulgate “decrees” because legisiative power is peculiarly within the province of Congress (David v. Macapagal- Arroyo, G.R. No. 171396, 2008}. Q: May the Prasident enforce obedience ‘to all laws through the military? 5 e2sinot cal the military {0 enforce oc implement certain laves sucts as customs laws, these goveming farily ‘and property relations, laws on obligations and contracts, ete, Shé can only order the military, under P.P. No, 1017, to enforce Jaws pertinent to its duty to suppress lawiess violence (avid v. Armoyo, GR. No. 175396, 2006}. Q& What are the limitations on the exercise of the President's pardening power?e.- AD +. Cannot extendto.casesof- fampeachment (Sec: 33, Arti: 2. For violation of election laws, must fhave favorable recommendation by the COMELEC (See. 5, Art. XC), 3. Granted only after conviction by Final judgment (Pv, Sale, 250 SCRA 587, 1996). 4. Cannot extend to cases of jegisiative contempt, or civil contempt, 8. Does not absolve civil fabilty. (P. v. Nacional, G.R. No. 11294, Sep. 7, 1999). 6. Does not restore public offices forfeited (Monsanto v. Factoran, 170 SCRA 190, 1989} Q May the President grant executive clemency in administrative cases? A: Yes, but only to administrative cases in ES) SuieS Page 15 of 308 PERSthe Executive branch, not in the Judicist or Legislative branches of government (Llamas ¥. Orbos, G.R. No. 28031, 1991}. Q: A trial judge was found Hable by the ‘Supreme Caurt for serious misconduct and inefficiency, and meted 2 penalty of Suspension from office for & months. The judge thereafter filed a petition for executive clemency with the Office of the President. The Executive Secretary issued 3 resolution granting the executive clemesscy. 1s st valid? ‘A: No. The power of executive clemency ‘cannat be delegated for it was not signed by the President himself but by the Executive Secretary. Also, # cannot extend to administrative cases in the Judiciary because @ will violate the principle of eparation of powers and impair the power ‘oF the SC under Section 6, Article VIN, Q: Distinguish treaties from executive Must be ratited, Q: The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other country” party to the treaty is agreeable to the abrogation, provided it complies with the Philippine Constitution. If a case involving the validity of the treaty abrogation is brought fo the Supreme ‘Court, how should it be resolved? A ft should dismiss the case. “The siadiction of the Supreme Court (other 2018 POLITICAL LAW PRE-WEEK REVIEWER lower courts} ove> a treaty is only with respect to questions of its constitutionatity of validity. Hidoes not pertain fo the termination ot abrogation of 2 treaty (Gonzales v Hechanova, G.R No, £-21897, 1963). Q: What are the restrictions prescribed by the Constitution in the power of the President to contract or guarantee foreign loans on behalf of the State? A: Under Section 20, Article Vil, the power V. JUDICIAL DEPARTMENT Q: Can the court exercise judicial power when there is no applicable aw? A. No.. ina. umber. of casas:cdecided, the: Supreme Court ruled that the exercise of Jndiciat power when” there-is:ne-appkeable:’ faw is not authorized. The court has no authority to entecaia ar action for judiciat declaration of citizenship because there was no law authorizing such. proceeding {Chamie Tan v. Republic, GR. No, £-14159, April 18, 1960). An award of honors to a student by @ board ‘of feachers may not be reversed by @ court where the awards are govemed by no applicable law (Santiago Jk v. Bautista, GR Mo, £-25024, March 30, 1970} ‘Courts cannot feverse the award of a board of judges in an oratorical contest (Felipe v Leuterio, @.R. No, L-4606, May 30, 1952)Gr What is the doctrine of judicial restraint? A: This doctrine is well intertwined with the doctrine of separation of powers. The courts should defer to the decisions made by the jegislature and executive branches and shoukd not thwart the implementation of these acts unless they are clearly unconstitutional : What is a “political question"? A: itis @ question, the resolution oF lich has been vested by the Constitution ‘exclusively: tthe people, in the exercise of tet sovereign capacity, or 2. In which fall discretionary authority has been delegated to 2 co-equal branch of the Govemment. Q: is the Judiciary preciuded from reviewing “political questions”? A: No, the. 2" clause af Section 1, Article Viti allows the Court to determine whether’ there has been grave abuse..of discretion amounting to lack or excess of jurisdiction On the part of any branch or instnamentality ‘of government, ts the determination of what constitutes “betrayal of public trust” or “other high crimes” a political question? A: Yes, a determination of what constitutes. an impeachable offense is a purely political question, which the Constitulion has left to the sound discretion of the legislature (Ma. Mereditas N. Gutierez v. The HOR Commitee on Justice, ef al.G.R. No. 793459, 2011), Q: Examples of political questions in jurisprudence. A : 1. interpretation of the meaning of 2015 POLITICAL LAW PRE-WEEX REVIEWER “disorderly behavior” = and the. fegistature’s power to suspend a member (there is no procedure for the imposition of tie penalty of suspension for did the 1935 Constitution define what “disorderly behavior is). The matter is left to the discretion of the legislature (Osmefia, Jc. v. Pendatun, GR 17144, 1960). 2. Whether the court could intervene in a case where the = House of Representatives was said to have disregarded its own sule. The court was held fo have been without authority to intervene {Araye v. De Venecia, G.zr, Mo. 127255, August 14, #997}. Uelemational Catholic ‘Migration Commission v. Hon. Cailgj, G.R Na. 85750, September 1990), @: Examples of cases in jurisprudence where there was held to be ao patitical question involved. As. t Apportionment of representative” districts (because: there: are. constitufional ules governing apportionment) (Aveling v. Cuenco,. GR Np 1-2821, March 4, 1949). 2 Suspension of the privilege of the writ of habeas comus is not 3 political question because the Constitution sets Tints to’ executive Siseretion onthe matter {Montenegro v. Castafieda, G.R. No. £4224, August 30, 1952). 3. Manner of forming the Commission on Appeintments (Daza v. Singson, GR No. 86344, December 21, 1988; Coseleng v. Mitre, G.R No. 26649, July 12, 1990; Guingona v. Gonzales, GR No 106971, October 20, 1992). 4. Constilutionality of Pork Barrel system (Belgica v. Ochoa GR. No. 208585, November 19, 2053) aa pee Page 17 of 108Q: What is the “operative fact doctrine"? A: When the assailed legistalive act or ‘executive act is found by the judiciary to be contrary to the Constitution, it is nual and void. However, the actual existence of a statute prior to such determination is an operative fact and may have consequences which cannot be erased by @ new judicial dectaration. Thus, for a period of time such statute, treaty, executive order, of ordinance was in “actual existence.” iis considered as ‘an operative tect The doctrine of operative facts means that before a law was deciared unconstitutional, its actual existence must be taken into account, and whatever was done while the Jaw was in operation should be recognized as valid. (Suggested Answer fo 2010 Bar Examination). Q: Can an administrative practice be the basis for applying the operative fact doctrine? A: No. The doctrine of operative fact’ states thet @ judicial declaration of invaligity may: not necessarily obiterate aif the effects of vor’ act prior to the declaration, For the operative fact doctrine fo apply, there must be a law or an exeoyive issuance invalidated by the courl, ts effect, when relied upon by the public in good faith, may have to be recognized as valid (CIR v. Sam - Roque Power Corporation, 747 SCRA 68, Borg : When Is the operative fact doctrine not applicable? Ac As a nile, an unconstitutional taw is void and produces mo cights, duties, and affords no protection. Being vokd, Fertiphil is not Tequired to pay the fevy and all levies paid Should be refunded in accordance with the: general civil code principle against unjust enichment. Post operative fact doctrine cannot be invoked if it will constitute an Oa 2015 POLITICAL LAW PRE-WEEK REVIEWER. unjust enrichment. in the case of Planters v. Fertiphi, the tax on fertilizers had already been collected and applied to 3 privale corporation's needs. This was by virtue of the faw imposing the tax. If the operative fact doctrine would be applied in this case it would sanclion the enrichment of the Planters Product at the expense of the Festiphit (Planters Products, inc. v. FedtiPhit Corporstian, GR. Ne. 166006, 2008), @ Can inferior courts exercise judicial review? A: Yes. Since the power of judicial review flows from judicial power and since inferior ‘courts are possessed of judicial power, it may feity be inferred that the power of Judicial review is not an exclusive power of ++ the Supreme Court, Q: Boes the Court of Tax Appeals (CTA) have to power fo issue writs .of certiorari? A: Yes. Section 1, Article VIR vests judicial: power in the Supreme: Court: and"iar tower ‘courts establishes: by laws. Judicial: power ~< inckudes: the determination whether there- has been grave abuse of ciscretion on the part of the govemment. The CTA has the judicial power to detemine whether the RTC gravely abused its discretion in issuing an intedocutory order int cases falling within its exclusive appellate jurisdiction (Manila v. Grecia-Cuerdo, G.R. No. 175723, 2014). @: What happens if the President és not satisfied with the list submitted by the JBC? A: He may ask for another list. But once the appointment is issued by the President and accepted by the nominee, i needs no fusther conficmation. Page 18 of 108é 2015 POLITICAL LAV! PRE-WEEK REVIEWER Q: Can both 3 senator and congressman sit in the JBC as representatives of Congress? A: No. There is only one representative of congress entitled to one vole in the JBC {Chavez v. JBC, G.R No. 202242, 2013}. Q: is the JBC required to hold hearings ‘on the qualifications of nominees? A: No. The process by which an_on objection is made based on Section 2, Rule “VS of JBC-008 is not judicial, quasi judicial, of fact Finding because it does not aint t determine guitt ot innocence akin to a .eriminal or administrative offense. Rather, it 48 10 ascertain the fitness of an applicant vis- avis the requirements for the position (Uardaleza v. Chief Justice Sereno G.R. No. 213281, Aug 19, 2014) Gi “Can the President appoint a temporary member of the Supreme Court? A: No. There can be no doubt that the Chief - Justice and Associate Justices required by the Constitution fo compose the Supreme - Court are regular members of the Court. A temporary member would be a misnomer, implying a position not contemplated by the Constitution. Thus, @ law which authorizes the President to designate any judge of the ower court or cadastral judge to act as member of the Supreme Court is void, @: What cases must be decided by the ‘Supreme Court an banc? A, The cases to be decided by the SC en banc are as follows: +. All cases involving constitutionality of a: (LIT) 3. Law b. Intemational or executive agreement c. Treaty 2 At” cases involving the 3. Al cases required to be heard en banc under the Rules of Court, 4. Appeals ftom Sandiganbayan and ‘roca the Constitutional 5. Gases heard by a dvidion where. required majorly of 3 was not obtained. principle of law laid down by the Supreme Court en banc or by a division. 7. Administrative cases to discipline or dismiss judges of lower courts. 8. Election contests for President and Vive-President, Note: olfier caves outside: the- enumeration: are: heard: in: Division, and. are: decided: oF resolved «with the concurrence of a majority: of the members who actually took partin the deliberations on the issues end voted thereon, but in na case without the ‘conourvence of al feast 3 such members. Q: A law fixing the passing grade inthe Bar examinations at 70%, with no grade lower than 40% in any subject is constitutionat. A; False, Such law entails an amendment of the Rules of Court promulgated by the Supreme Court. The present Constitution has taken away the power of Congress to alter the Rules of Court. The taw will violate the principle of separation of powers.