Professional Documents
Culture Documents
Two recent conflicts occurred in the Gulf of Sidra where Libya has
claimed the entire gulf as its territorial waters and the U.S. has twice enforced
Territorial waters, or a territorial sea, as defined by the 1982 United Nations freedom of navigation rights (Gulf of Sidra incident (1981), Gulf of Sidra incident
Convention on the Law of the Sea[1], is a belt of coastal waters extending at most (1989)).
twelve nautical miles from the baseline (usually the mean low-water mark) of a
coastal state. The territorial sea is regarded as the sovereign territory of the state, CONTIGUOUS ZONE: The contiguous zone is a band of water extending from the
although foreign ships (both military and civilian) are allowed innocent passage outer edge of the territorial sea to up to 24 nautical miles (44 km) from the baseline,
through it; this sovereignty also extends to the airspace over and seabed below. within which a state can exert limited control for the purpose of preventing or
punishing "infringement of its customs, fiscal, immigration or sanitary laws and
The term "territorial waters" is also sometimes used informally to describe any area of regulations within its territory or territorial sea". This will typically be 12 nautical
water over which a state has jurisdiction, including internal waters, the contiguous miles (22 km) wide, but could be more (if a state has chosen to claim a territorial sea
zone, the exclusive economic zone and potentially the continental shelf. of less than 12 nautical miles), or less, if it would otherwise overlap another state's
contiguous zone. However, unlike the territorial sea there is no standard rule for
BASELINE: Normally, the baseline from which the territorial sea is measured is the resolving such conflicts, and the states in question must negotiate their own
low-water line along the coast as marked on large-scale charts officially recognized by compromise. The United States invoked a contiguous zone on 24 September 1999.[2]
the coastal state. This is either the low-water mark closest to the shore, or alternatively
it may be an unlimited distance from permanently exposed land, provided that some
portion of elevations exposed at low tide but covered at high tide (like mud flats) is CONTINENTAL SHELF: Article 76[4] gives the legal definition of continental shelf
within 12 nautical miles (22 km) of permanently exposed land. Straight baselines can of coastal countries. For the physical geography definition, see the continental shelf
alternatively be defined connecting fringing islands along a coast, across the mouths
of rivers, or with certain restrictions across the mouths of bays. In this case, a bay is page.
defined as "a well-marked indentation whose penetration is in such proportion to the
width of its mouth as to contain land-locked waters and constitute more than a mere The continental shelf of a coastal nation extends out to the outer edge of the
curvature of the coast. An indentation shall not, however, be regarded as a bay unless
its area is as large as, or larger than, that of the semi-circle whose diameter is a line continental margin but at least 200 nautical miles (370 km) from the baselines of the
drawn across the mouth of that indentation". The baseline across the bay must also be
territorial sea if the continental margin does not stretch that far. The outer limit of a
no more than 24 nautical miles (44 km) in length.
country's continental shelf shall not stretch beyond 350 nautical miles (648 km) of the
INTERNAL WATERS: Waters landward of the baseline are defined as internal waters,
over which the state has complete jurisdiction: not even innocent passage is allowed. baseline, or beyond 100 nautical miles (185 km) from the 2,500 meter isobath, which
Lakes and rivers are considered internal waters, as are all "archipelagic waters" within
the outermost islands of an archipelagic state such as Indonesia or the Philippines. is a line connecting the depths of the seabed at 2,500 meters.
The outer edge of the continental margin for the purposes of this article is defined as:
TERRITORIAL SEA: A state's territorial sea extends up to 12 nautical miles (22 km)
from its baseline. If this would overlap with another state's territorial sea, the border is a series of lines joining points not more than 60 nautical miles (111 km) apart
taken as the median point between the states' baselines, unless the states in question where the thickness of sedimentary rocks is at least 1% of the height of the
agree otherwise. A state can also choose to claim a smaller territorial sea. continental shelf above the foot of the continental slope; or
Conflicts still occur whenever a coastal nation claims an entire gulf as its territorial a series of lines joining points not more than 60 nautical miles apart that is not
waters while other nations only recognize the more restrictive definitions of the UN
not include government entities which are given a corporate personality separate and
more than 60 nautical miles from the foot of the continental margin. distinct from the government and which are governed by the Corporation law. Their
The foot of the continental slope is determined as the point of maximum change in the powers, duties and liabilities have to be determined in the light of that law and their
corporate charters.
gradient at its base.
ACCFA vs. CUGCO
The portion of the continental shelf beyond the 200 nautical mile limit is also known
Governmental functions:
as the extended continental shelf. Countries wishing to delimit their outer continental
1) constituent – the very bonds of society and are compulsory
shelf beyond 200 nautical miles have to submit information on their claim to the
2) ministrant – undertaken only by way of advancing the general interest of
Commission on the Limits of the Continental Shelf. The Commission must make society; optional.
recommendations on matters related to the establishment of the outer limits of their
Land reform program – governmental function and cannot be undertaken by any
continental shelf. The limits established based on these recommendations shall be private enterprise (no capacity).
final and binding. PVTA vs. CIR
Countries were supposed to lodge their submissions to extend their continental shelf
Government to provide for general welfare. Government entrusted to be responsible
beyond 200 nautical miles within 10 years of UNCLOS coming into force in the
for coping with social and economic problems with commensurate power of control
country, or by 13 May 2009 for countries where the convention had come into force
over economic affairs: live up to commitment of promoting general welfare through
before 13 May 1999. As of 1 June 2009, 51 submissions have been lodged with the
state action.
Commission, of which 8 have been deliberated by the Commission and have had
recommendations issued. The 8 are (in the order of date of submission): Russian Republic vs. Judge of CFI Rizal
Federation; Brazil; Australia; Ireland; New Zealand; the joint submission by France,
Ireland, Spain and the United Kingdom; Norway and Mexico. A coastal nation has The rice and Corn Administration is a government agency without a distinct and
control of all resources on or under its continental shelf, living or not, but no control separate legal personality from that of the Republic of the Philippines.
over any living organisms above the shelf that are beyond its exclusive economic
zone. This gives it the right to conduct petroleum drilling works and lay submarine VFP vs. Reyes
cables or pipelines in its continental shelf.
Public Office – the right, authority and duty, created and conferred by law, by which,
Article II for a given period, either fixed by law or enduring at the pleasure of the creating
power, an individual is vested with some portion of sovereign functions of the
Section 1: Philippines as a democratic and republican State government, to be exercised by him for the benefit of the public.
Bacani vs. NACOCO Office (distinguished from employment or contract) – the creation and conferring of
an office involves a delegation to the individual of some of the sovereign functions of
Government Functions: (revised Admin. Code) refers only to government entity the government, for the benefit of the public; that some portion of the sovereign
through which the function of the government are exercised as an attribute of function of the country, either legislative, executive or judicial, attaches, for the time
sovereignty, and in this are included those arms to the government through w/c being, to be exercised for the public benefit.
political authority is made effective whether they be provincial, municipal or other
form of local government. These are what we call municipal corporations. They do MIAA vs. CA
GOCC – a stock or non-stock corporation, vested with functions relating to the public public officer. The administration of UP is a sovereign function of the State. (Art.
needs whether governmental or proprietary in nature, and owned by the government XIV)
directly or through its instrumentalities either wholly, or where applicable (for stock
corps.), to the extent of at least 51% of its capital stock. De Jure and De Facto Government
(MIAA as a government instrumentality) Instrumentality – defined as any agency of Co Kim Cham vs. Valdez Tan Keh
the National Government, not integrated within the department framework, vested
with special functions or jurisdiction by law, endowed with some if not all corporate Kinds of de facto government: 1) government that gets possession and control of, or
powers, administering special funds, and enjoying operational autonomy, usually usurps, by force or by the voice of the majority, the rightful legal government and
through a charter. maintains itself against the will of the latter (like England under the Commonwealth);
2) established and maintained by military forces who invade and occupy a territory of
Ramiscal vs. Sandiganbayan the enemy in the course of war, and which is denominated a government of paramount
force (like Castine in Maine and Tampico, Mexico); 3) established as an independent
AFP-RSBS – a GOCC and its funds are in the nature of public funds. Sandiganbayan government by the inhabitants of a country who rise in insurrection against the parent
has jurisdiction over offenses committed by presidents, directors, trustees or managers State (like the Southern Confederacy).
of GOCCs. What charges to file, and who are to be charged are matters addressed to
the discretion of the Ombudsman. Distinguishing characteristics of the 2 nd kind of de facto government: 1) its existence
is maintained by active military power within the territories and against the rightful
Alzaga vs. Sandiganbayan authority of an established and lawful government; 2) while it exists it must
necessarily be obeyed in civil matters by private citizens who, by acts of obedience
The character and operations of the AFP-RSBS are imbued with public interest thus rendered in submission to such force, do not become responsible, as wrongdoers, for
the same is a government entity and its funds are in the nature of public funds. those acts, though not warranted by the laws of the rightful government.
(similar to the GSIS)
Letter of Associate justice Puno
PSPCA vs. COA
Revolution – the complete overthrow of the established government in any country or
GOCCs are subject to the control or supervision of the State (unlike PSPCA). A state by those who were previously subject to it.; sudden, radical and fundamental
juridical entity impressed with public interest does not make the entity a public change in the government or political system, usually effected with violence or at least
corporation. The true criterion to determine whether a corporation is public or private some acts of violence; occurs whenever the legal order of a community is nullified
is found in the totality of the relation of the corporation to the State. If it is created by and replaced by a new order… away not prescribed by the first order itself.
the State as its own agency or instrumentality to help in carrying out its governmental
functions, then that corporation is considered public; otherwise, it is private. The Aquino government was revolutionary government due to the fact that it was
established in defiance of the existing legal processes. It was a revamp of the
Serana vs. Sandiganbayan Judiciary and the Military signaled the point when the legal system then in effect, had
ceased to be obeyed by the Filipino. (De Facto Government).
A UP Student Regent is a public officer. It is not a natural right. It exists, when it
exists at all only because and by virtue of some law expressly or impliedly creating or People vs. Gozo
conferring it. Compensation is not an essential element of public office. It is merely
incidental to the public office. Delegation of sovereign functions is essential in public The Philippines has authority over its entire domain. There is no portion of it that is
office. An investment on an individual of some portion of the sovereign functions of beyond its power. Within its limits, its decrees are supreme, its commands paramount.
the government, to be exercised by him for the benefit of the public makes one a Its laws govern therein and apply to all. The extent of its jurisdiction is both territorial
and personal. A State may allow another to participate in the exercise of jurisdictional
right over certain portions of its territory (auto-limitation) but these areas do not retain Under the 1987 Constitution, international law can become part of the law of the land
an alien character, but remain as native soil. either by transformation or incorporation. Transformation requires that the
international law be transformed into domestic law through a constitutional
Section 2: International Law and Philippine Municipal Law mechanism such as local legislation. Incorporation applies, when by mere
constitutional declaration , international law is deemed to have force and effect of
Tanada vs. Angara domestic law. Treaties become part of the law of the land through transformation, by
concurrence of 2/3 majority vote of the members of Senate.
The principles in Art. 2 are not intended to be self-executing principles ready for the
enforcement of the courts. They are used by the judiciary as aids or as guides in the Section 3: Civilian Supremacy
exercise of its power of judicial review. They do not embody judicially enforceable
rights but guidelines for legislation. A law should be passed by Congress to clearly IBP vs. Zamora
define and effectuate such principles. GATT as international law needs to be ratified
to be transformed into municipal law. Orders which resemble the functions of aid by the AFP already present and existent
within the functions of society such as elections, national exams, relief and rescue
Bayan vs. Zamora operations and projects of the Red Cross, are not violative of civilian supremacy.
As long as the VFA possesses the elements of an agreement under international law, Section 5: Maintenance of Peace and Order
the said agreement is to be taken equally as a treaty, which is an international
instrument concluded between States in written form and governed by international Kilosbayan vs. Morato
law, whether embodied in a single instrument or in 2 or more related instruments, and
whatever it particular designation. In international law, there is no difference between The principles in Article 2 do not embody self-executing constitutional rights, but
treaties and executive agreements in their binding effect upon states concerned, as mere guidelines for legislation and aid for the judiciary.
long as the negotiating functionaries have remained within their powers. In this,
jurisdiction, we have recognized the binding effect of executive agreements even Section 12: Family life, mother, unborn
without the concurrence of the Senate or Congress.
Roe vs. Wade
Lim vs. Exec. Sec.
On the basis of the right to privacy, abortion was legalized up to the 6 th month of
A party to a treaty is not allowed to invoke its internal law as justification for its pregnancy. The constitutional provision bars any application of the Roe vs. wade
failure to perform a treaty. A treaty is favored over municipal law pursuant to the decision in this jurisdiction.
principle of pacta sunt servanda. Every treaty in force is binding upon the parties to it
and must be performed by them in good faith. The VFA gives legitimacy to the Meyer vs. Nebraska
Balikatan Exercises.
Education should always be diligently promoted as it has always been regarded as a
Mijares vs. Ranada matter of supreme importance. It is the natural duty of the parent to give his children
education suitable to his station in life. Rights of parents are superior to the State.
There is no obligatory rule derived from treaties or conventions that requires the
Philippines to recognize foreign judgments, or allow a procedure for the enforcement Pierce vs. Society of Sister
thereof.
The fundamental theory of liberty exclude any general power to standardize its
Shagri-La vs. Developers children by forcing them to accept instruction from public school teachers only.
Section 19: Self-reliant and independent national economy Principle of non-delegability of Legislative Power
The State shall develop self-reliant and independent national economy effectively The executive has the power of subordinate legislation, insofar as it interprets the laws
controlled by Filipinos. The government must run its affairs the way it deems best for were it is based, and not going beyond and enacting laws. Moreover, this enhances
the national interest, without any external influence or control. convenience and promotes specialization through the administrative bodies.
Order 52: creation of NMAT for standardization Local Government Code – provides National Liga authority to create positions, as it
may deem necessary.
Guingona v. Carague
Fernandez v. Sto Tomas
Delegation of Legislative Powers: The legislature does not abdicate its function when
it describes what job must be done, who is to do it, and what is the scope of his Authority to reorganize civil service commission
authority. The power to make laws and to alter and repeal them CANNOT be
delegated. Standard: decentralization for efficiency and responsiveness in the management of the
agencies
Completeness of Law: The law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for the Not create and abolish but to reorganize: revised administrative code
delegate to do when it reaches him except to execute and enforce it.
Chiongbian v. Orbos
Budget Appropriation – books of treasury determine the appropriation for debt
RA 6734 ARMM plebiscite: 4 provinces for creation of autonomous region
Total amount of debt along with interests and other fees – standard to be used
President given power to merge the remaining regions: sufficient standard: efficient
Conference vs. POEA
administration implied in another law
POEA Resolution to increase seamen compensation and benefits
Rodrigo vs. Sandiganbayan
Osmena vs. Orbos
DBM given authority to fill in the details of the salary grade, classification
For a valid delegation of power, it is essential that the law delegating the power
Not undue delegation: standards given
must be
Abakada v. Ermita Complete: amount of universal charge is based on guidelines provided in EPIRA
Vat 10% to 12%, following certain criteria Sufficient Standard: total electrification, viability of power industry, electricity made
affordable
President, through the Secretary of Finance, given criteria to ascertain facts of the
situation in relation to the implementation of the increase. The case is not a delegation ABAKADA vs. Purisima
of legislative power but a “delegation of ascertainment of facts” upon which the
enforcement and administration of the increase rate under the law is contingent. The BIR and BOC: system of rewards and sanctions
legislature has made the 12% rate contingent upon a specified fact or condition, which
is outside of the control of the executive. Thus, there is no discretion that is exercised Revenue targets given by DBCC; employees covered by the civil service commission
by the President. The court cited Wayman vs. Southward: “The power to ascertain and contracts of the employees
facts is such a power which may be delegated. There is nothing essentially legislative
in ascertaining the existence of facts or conditions as the basis of the taking into effect UNDUE DELEGATION
of law” The ground for this that legislature has determined that under given
People vs. Vera
circumstances, certain executive or administrative action is to be taken and that under
other circumstances, different or no action at all is to be taken. What is left to the Probation Act – will only be applied to provinces which provide salaries for probation
administration is not legislative determination of what public policy demands but officers
simply an ascertainment of what the facts of the case require to be done according to
the terms of the law by which he is governed. Not complete in itself – w/n having probation officers under discretion of the
provincial board
Beltran v. Sec. of Health
Not sufficient standard – arbitrary standard given
RA 7719 Voluntary Blood Donation and regulate blood banks
People vs. Barrias
Public Health sufficient guideline. There is a valid exercise of police power if (a)
public interest requires state interference, and (b) the means employed are necessary The penalty must not be left to the administrative agency, but must be provided by
to the attainment of such objectives. in this regard the interests of the statute.
owners/operators of the CBBs must give way to the higher interest of the people.
People vs. Panlilio
Bayan v. Ermita
Act No. 1760 – not criminalizing act
BP No. 880 permits for rallies: issued by the Mayor, clear and present danger standard
for issuance May be charged under other law: Penal Code
The delegation to the mayors of the power to issue rally permits is valid because it is People vs. Dacuycuy
subject to the constitutionally-sound “clear and present danger” standard.
Law imposes fine, but no terms of imprisonment – Minimum, medium and maximum
Gerochi vs. DOE sentence depending on the circumstances of the crime (mitigating, etc.)
Constitutionality of EPIRA and Universal Charge Judge given legal discretion - circumstances in the crime = penalty to be imposed
Undue Delegation – Power of tax: UC not a tax but exercise of Police power Act 296 – less than 3000.00 php
Cebu Oxygen vs. Drilon 2 phases: trasition
RA 6470 – increasing minimum wage = implementing rules Full deregulation: implementation should be based on two criteria:
EO 626 – A: prohibition on inter-province transport of carabao and cara-beef. 2. US-Peso exchange rate stable
“as may deem necessary” – gives legislative power to officers: arbitrary EO 372 – implemented full deregulation adding additional criteria: depletion of
OPSF: void: executive misapplication. Congress has to rely more on the practice of
Implementing rules cannot add or detract from the provisions of law it designed to delegating the execution of laws to the executive and other administrative agencies, as
implement. society becomes more complex. According to jurisprudence, there are two tests to
determine, whether it is a valid delegation – 1) the completeness test, and, 2) the
Pharmaceutical and Health Care Assoc. vs. Duque III sufficient standard test.
EO No. 51 (Milk Code) – legislative power under freedom consti: Pres. Aquino Congress: Senate and House of Representatives
WHO – promote the use of breastmilk; Milk Code – promote the use of breastmilk; HoR: 2 ways to run: (3 year term, 3 consecutive terms) = 250 members unless
DOH – otherwise provided by law
International law – Soft Law and hard Law: WHO – soft law, regulation: has to be 1. District representative – natural-born, at least 25 years old, read and
enacted into local regulation before it becomes binding write, registered voter of the district, resident of same district at least one
year preceding the day of the election
There was a defect – RIRR invalidated: provided a ban on advertisement on milk
substitutes, but the law, does not provide for a total ban, only the international law 2. Party-list representative
was followed
Senate: term of 6 years, re-election for 2 consecutive terms only
International soft law must first be enacted into a local regulation before it can be
followed by any agency Election: 6 years for first 12, 3 years for latter 12 = 24 members
Milk Code provides the local enactment of the soft law and it is what should have Section 5: Composition of the HoR = 80% district representatives + 20% party-list
been followed representatives
BIR and BOC System of rewards – RA 9335, section 12: creation of the Joint Standards for apportioning seats for Party-list Representatives
Congressional Oversight Committee for approval of IRR of the RA.
20% composition : merely a ceiling, not mandatory to fill in all seats: merely reserved
Encroahment of the legislative into the realm of judiciary: decision is judiciary in for PLR
nature as it involves the interpretation and application of the RA unto the IRR.
Ang Bagong Bayani vs. COMELEC
Tatad vs. Sec of DOE
Characteristics of a party-list: (guideline for COMELEC)
RA 8180 “Deregulating the Downstream Oil Industry
1. must represent the marginalized and underrepresented groups Criteria: population (250,000) and, income or area
2. must comply with declared statutory policy of enabling Filipinos Samson vs. Aguirre
belonging to marginalized and underrepresented sectors be elected in the
HoR. RA 8583: Novaliches as a city: certification as to income, population and area not
fatal: statements of NSO, Bureau of Local Government Finance, and Land
3. Must not represent a religious sect
Montejo vs. COMELEC
4. Must not be disqualified under section 6 of RA 7941
COMELC res. No 2736: change legislative district of Capoocan and Palompon:
5. Party or org must not be an adjunct of or a project organized by the COMELEC only to make minor adjustments
government
Legislative district can only be apportioned by “legislative” i.e. congress
6. Party must comply with requirements, as well as its nominees under
section 9 RA 7941 Herrera vs. COMELEC
7. Nominee must belong to the marginalized and underrepresented sector Province of Guimaras – made into 4th class province
8. Nominee must be able to contribute to the formulation of legislation Districting based on number of inhabitants: not reapportionment: can be undertaken
by COMELEC (districting)
AKLAT vs. COMELEC
Sema vs. COMELEC
AKLAT re-disqualified: did not meet qualifications mentioned in the bagong bayani
case RLA – RA 9054: power to create province, cities, etc.
Tobias vs. Abalos Creation of the province of Shariff Kabunsan: the power to create provinces
inherently involves the power to create legislative districts. However, under the
RA 7675: Mandaluyong into an urbanized city: create own legislative district and a present Constitution, the power to increase the allowable membership in the House of
new legislative district of San Juan: reapportionment Representatives, as well as the power to reapportion legislative districts, is vested
exclusively in Congress (by virtue of Sections 5, (1), (3) and (4) of Article 6). This
Gerrymandering – creation of a new legislative district to increase possible number of textual commitment to Congress of the exclusive power to create or reapportion
voters for elections, contrary to the guideline of “contiguous, compact and adjacent legislative districts is logical. Congress is a national legislature and any increase in its
territory. allowable membership or in its incumbent membership through the creation of
legislative districts must be embodied in a national law. It would be anomalous for
Consti – one province at least on representative regional or local legislative bodies to create or reapportion legislative districts for a
national legislature like Congress. An inferior legislative body, created by a superior
Not gerrymandering – rep who issued RA will actually be made to lose part of his legislative body, cannot change the membership of the superior legislative body.
district: contiguous, compact and adjacent territory
Bagabuyo vs. COMELEC
Mariano vs. COMELEC
Legislative apportionment – representation in the HoR
RA 7854: Municipality of Makati into a highly urbanized city
bona fide intention of abandoning and establishing new one Failure of elections = special elections
absence of which would continue the domicile of origin Vacancy in senate: RA 7166: “permanent vacancy at least one year before expiration
of the term, shall call and hold a special elections, but in case of vacancy in senate,
Domino vs. COMELEC special election will be held simultaneously with the next regular elections.”
Lease of house – not indicative of intent of permanence Special elections can coincide with regular elections
The salaries of members of the Senate is governed by Article VI of the Constitution as “punishable by more than six years imprisonment”; while congress is in session – 4 th
follows: Monday of july (SONA) and ends 30 days before the next session (compulsory
recess), with small recesses in between.
Sec. 10. The salaries of Senators and Members of the House of Representatives shall
be determined by law. No increase in said compensation shall take effect until after People vs. Jalosjos
the expiration of the full term of all the members of the Senate and the House of
Representatives approving such increase. Conviction of more than 6 years imprisonment – immunity not applicable
Sec. 20. The records and books of accounts of Congress shall be preserved and be Elected by constituents even though he was already convicted.
open to the public in accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an itemized list of amounts paid to Trillanes vs. Pimentel
and expenses incurred for each Member.
No person charged by capital offense or offense punishable by reclusion perpetua
It must be noted that in accordance with the above provisions, there is no prohibition shall be admitted to bail when evidence of guilt is strong.
against the receipt of allowances by the members of Congress. The second section, on
the other hand, seeks to avoid the recurrence of the abuses committed by the members Capacity to carry out his duties while in prison.
of the Old Congress in allotting themselves fabulous allowances the amount of which
Jimenez vs. Cabangbang
they refused to divulge to the people. It is now provided under the Constitution that
the books of accounts of Congress shall be open to public inspection and must be Libelous letter: not in the exercise of his duties
audited by the Commission on Audit. Moreover, every member of Congress’ itemized
expenditures, including allowances, shall be published annually for the information of Though, it was not libelous against the petitioners, only alleges that they were
the people. unwitting tools, not that they were the planners themselves.
It is interesting to note that the Constitution in Section 17, Article XVIII, provides the Part of communicative and deliverative process
corresponding salaries of Senators, to wit:
Puyat vs. De Guzman
Until the Congress provides otherwise, the President shall receive an annual salary of
three hundred thousand pesos; the Vice-President, the President of the Senate, the IPI elections = puyat group vs. acero group = SEC case
Speaker of the House of Representatives, and the Chief Justice of the Supreme Court,
two hundred forty thousand pesos each; the Senators, the members of the House of Fernandez intervention – circumstances show that there is indirect appearance as
Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the counsel before administrative body
Constitutional Commissions, two hundred four thousand pesos each; and the
Members of the Constitutional Commissions, one hundred eighty thousand pesos Santiago vs. Guingona
each.
Minority vs. majority = must be understood in ordinary terms
However, under Joint Resolution No. 1, the salaries of the members of the Senate is
increased to salary grade 33 with monthly equivalent rate of P35,000.00. The Senate Avelino vs Cuenco
President, on the other hand, is raised to salary grade 34 with a monthly basic salary
Adjournment -> proclamation of new senate president and session continued with
of P40,000.00.
only 12 members present
Quorum – majority of “the house” instead of majority of “all the members of the Act 2381 – said to have been passed after last day of session: according to the
house” journals, clock was stopped at 12 midnight: law passed valid
12 members out of 23 is majority of “the house” = based on the number of those = journal prevails over extraneous evidence
present
Casco vs Gimenez
People vs. jalosjos
Urea and formaldehyde vs urea formaldehyde (as written in the law passed)
Compulsion to attend: jalosjos saying that he could be persuaded for being unable to
attend session: not reason for release Wording of the law – urea formaldehyde: error in the printing
Absence is for a valid reason: being detained Between the journals and the enrolled bill: enrolled bill prevails
RA 8240 passed in congress not in accordance with house rules: arroyo still had Enrolled bill over journal
questions regarding the bill but it was still passed: no calling of the yeas and nays.
Astorga vs. Villegas
Internal rules violated – not in court jurisdiction – only the house can determine its
rules and punish its members Due to the circumstances in the case, the court looked into the Senate journals.
Osmena vs. Pendatun = amendments made but not included in the bill signed by the president
Privilege speech accusing Pres. Garcia of bribery -> house comitte to investigate -> Senate president and Chief Executive: had already withdrawn their signatures:
House resolution # 175 declaring him guilty of disorderly behavior and suspension for invalidates the law
15 months
Phil. Judges vs. Prado
Although exempt from prosecution or civil action for words uttered in congress,
members may be questioned in CONGRESS ITSELF. Franking privileges of judiciary
Disorderly behavior – the house has exclusive power and the court has none. Enrolled bill clear, no need to look into journals
Santiago vs. Sandiganbayan But law must be struck down as it violates the equal protection of the law, in regards
to the removal of franking privileges of the judiciary
Santiago charged with graft and corruption for allowing aliens to stay in Phils.
ABAKADA vs. Ermita
Suspended by sandiganbayan – pending criminal case: not punishment for disorderly
behavior, but preliminary preventive measure for graft and corrupt act. Enrolled bill to be followed as it was the one approved by both houses and by the
president.
US vs. Pons
SECTION 17: Senate and House Representatives Electoral Tribunal
Pons charged under Act 2381 – anti-opium importation
Election Contest - statutory contests in which the contestant seeks not only to oust the
intruder, but also to have himself inducted into the office.
Pre-proclamation contests - any question pertaining to or affecting the proceedings of Initials not to be used, only one nickname per candidate: not known as Girlie: JTV
the board of canvassers in relation to the preparation, transmission, receipt, custody initials of her husband
and appreciation of the election returns.
Aggabao vs COMELEC
Angara vs. Electoral Commission
Barbers vs. COMELEC
Prescription given by Electoral commission – has sole jurisdiction over election
returns and qualifications of its members Roces vs. HRET
Vera vs. Avelino Electoral tribunals: 3 justices appointed by Chief Justice, 6 from members of Senate
or the HoR
Deferment of oath-taking – not election contest
Abbas vs SET
Oath-taking- makes one a members of the legislature: under jurisdiction of the
Electoral tribunal Electoral tribunal must always be composed of legislative members: for every 2
legislators only one justice.
Chavez vs. COMELEC
Pimentel vs. HRET
Pre-proclamation cases not allowed for president, vp, senators and members of HoR
Party-list reps in HoR did not elect a member to the HRET
Aquino vs COMELEC
Bondoc vs. Pineda
Electoral tribunal does not assume jurisdiction until the winning candidate has been
proclaimed and has taken his oath of office HRET must be non-partisan: must not alter composition of the HRET.
2nd placer – cannot take the place of the winning candidate Robles vs. HRET
Perez vs. COMELEC Motion to withdraw does not end tribunal’s jurisdiction
COMELEC no longer has jurisdiction as perez was already proclaimed. Arroyo vs. HRET
HRET – exclusivity in jurisdiction over election contests relating to its own members. Original copy of the certificates of canvass should be the best evidence
Villarosa vs. HRET Substitute service – exhaust all means of locating recipient,
Section 18: Commission on Appointment Executive privilege: 2 kinds: presidential communications (between president and
executive official) and deliberative process (between executive officials only)
Daza vs. Singson
Garci vs House
Shift in representation of LDP party = reapportionment of the Commission on
Appointment Senate inquiry must be deferred until publication of the Senate rules has been
complied with.
Must be based on proportional representation, political party must be permanent
Section 22: “Question Hour”
Coseteng vs. Mitra
- Voluntary with consent of the President, or upon the request of the house
2 seats – per appointment into commission
- For oversight functions
Guingona vs. Gonzales
Arnault vs Nazareno
Cannot reduce the number of seats of a party in favor of another.
The materiality of the question must be determined by its direct relation to the subject
12 member Commission – not mandatory, what is mandatory is the proportional of the inquiry and not by its inherent relation to any possible or proposed legislation.
representation (Answer might be the basis if the subject is to be made the subject of legislation.)
Section 21 legislative investigations Senate continuing – power of investigation terminates at the end of session; may be
taken up again at the next session.
Negros vs. sanguniang Panlungsod
Sabio vs. Gordon
Power of inquiry – for the legislative only, not delegated
Senate vs Ermita
Bengzon vs. Senate Blue Ribbon Committee
Question hour vs. “in aid of legislation”: can only be limited by PRESIDENTIAL
Power of inquiry to be exercised only for legislative purposes communication privilege
Senate vs. Ermita Executive: with presidential consent vs. anyone
Question hour vs. power of inquiry Remedy: Sec 21: habeas corpus petition vs. sec 22: questions to be submitted
beforehand and executive session
Gudani vs. Senga
Section 23: congress sole power to declare the existence of a state of war, but may by
Commander-in-chief powers – may limit power of inquiry of congress law authorize president for a limited time, to exercise powers necessary and to carry
out a declared national policy.
Standard vs. Senate
Lawless violence, invasion or rebellion – either suspend writ of habeas corpus or
Compel to attend – in aid of legislation
declare martial law.
Neri vs. Senate
In line with David vs. Arroyo – gr. no. 171396 (re BP 1070)
Section 24: origin of money bills, private bills and local application Incidental advantage to the public or to the state, which results from the promotion of
private interest and the prosperity of private enterprises or business, does not justify
Appropriations – specific sum of money appropriated for departments for the their aid by the use public money.
performance of their functions
Section 25 Rules on Appropriation
Revenue bills – raising taxes
Brillantes vs COMELEC
Tariff bills – raises revenue from importation and exportation of goods
Electronic quick count (Phase III) not included in the GAA
Bills authorizing increase of public debt
Appropriation in the GAA – for modernization of Election system; not for quick count
Bills of local application – in relation to provinces, cities and municipalities, ex.
Change municipality into a city Guingona vs Carague
Private bills – ex. Reacquisition of citizenship Appropriation – there must be a fixed amount: valid if it only needs to be computed
It is the bill that has to originate from the HoR, not the law itself. 3rd law should have applied, but applicable provision was invalidated due to its
insertion in the Appropirations Act.
HoR and Senate equal = has power to propose amendment, even through substitution.
Atitiw vs Zamora
“…originate exclusively from the HoR, but Senate may propose and concur with
amendments.” In order that a provision or clause in a general appropriations bill may comply with
the test of germaneness, it must be particular, unambiguous, and appropriate.
Alvarez vs Guingona
Particular – if it relates specifically to a distinct item or appropriation in
The filing in the Senate of a substitute bill in anticipation of its receipt of the Bill of the bill and does not refer generally to the entire appropriations bill
the House, does not contravene the constitutional requirement that a bill of local
application should originate from the House of Representatives, for as long as the Unambiguous – when its application or operation is apparent on the face of
Senate does not act thereupon until it receives the House Bill. the bill and it does not necessitate reference to details or sources outside the
appropriations bill
Presentations on (3 area- 3 groups)
Appropriate – when its subject matter does not necessarily have to be treated
Constitutional commissions on COMELEC: Civil Service and COA in a separate legislation.
Bill is a tariff bill for a particular purpose Difference between elective and appointed officials.
Section 26: Subject and title of bills – General prohibition on “riders” Tio vs Videogram Regulatory Board
Cordero vs. Cabatuando Art. VI, Sec. 26 is sufficiently complied with if the title is comprehensive enough to
include the general purpose to which a statute seeks to achieve.
The constitutional requirement (one title – one bill rule) is satisfied if all parts of the
law related to, and are germane to the subject matter expressed in the title of the Bill. It is satisfied if all the parts of the statue are related to, and are germane to the subject
expressed in the title, or as long as they are not inconsistent with and foreign to the
It is sufficient of the title is comprehensive enough reasonably to include the general general subject and title. PRACTICAL rather than TECHNICAL construction.
object which the statute seeks to effect, without expressing each and every end and
means necessary or convenient for the accomplishment of the object. Phil. Judges vs Prado
Philconsa vs Gimenez The title need not be an index of the body of the act, or be comprehensive as to cover
every single detail of the measure. It need only that all provisions in said act should be
It has been the general disposition of the court that the constitutional provision germane to the subject thereof.
involving the one title – one subject rule should be construed liberally, in favor of the
validity of the statute. Tobias vs Abalos
The purpose of this rule is to: A liberal construction of the one title-one subject rule has been invariably adopted by
the court so as not to impede or cripple legislation.
1. prevent fraud or surprise in the legislature
Tatad vs DOE
2. fairly appraise the people, through such publication of legislation that are The title of a law need not mirror or fully index or catalogue all the contents or
being considered, in order that they may have the opportunity of being heard provisions of the said law.
thereon by petition or otherwise, if they shall so desire.
De Guzman vs COMELEC No amendment rule pertains only to the procedure to be followed by each house of the
Congress with regard to bills initiated in each of said respective Houses, before said
Purpose of section 26: 1) prevent hodge-podge or log-rolling legislation; 2) to prevent bill is transmitted to the other house for its concurrence or amendment.
surprise or fraud upon the legislature by means of provisions in bills of which titles
gave no info, and which might therefore be overlooked and carelessly and Commissioner of Internal Revenue vs CTA
unintentionally adopted; and, 3) to fairly appraise the people through such publication
of legislative proceedings as is usually made, of the subjects of legislation that are An “item” in a revenue bill doesn’t refer to an entire section imposing a particular
being considered, in order that they may have opportunity of being heard thereon by kind of tax, but rather to the subject of the tax and the tax rate. To construe “item” as
petition or otherwise if they so desire. referring to the whole section, would tie the president’s hand in choosing either to
approve the whole section at the expense of also approving a provision therein which
Section 26 is said to have been complied with if the title is comprehensive enough to he deems unacceptable or veto the entire section at the expense of foregoing the
embrace the general to embrace the general objective it seeks to achieve: presumption collection of the kind of tax altogether.
is in favor of validity.
In Appropriation bills, the president may exercise “item-veto”.
Cawaling vs COMELEC
Gonzalez vs Macaraig
Every statutes has in its favor the presumption of validity: grounds for nullity must be
beyond reasonable doubt. (This also goes for one title-one subject rule). The terms item and provision in budgetary legislation and practice are concededly
different. An item in a bill refers to the particulars, the details, and the distinct and
Section 27: Procedure in Law-making several parts of a bill. It furthered that “an ‘item’ of an appropriation bill obviously
means an item which in itself is a specific appropriation of money, not some general
Arroyo vs De Venecia provision of law, which happens to be put into an appropriation bill.”
No rule of the House of Representatives has been cited which specifically requires Inappropriate provisions – should be treated as items subject to the veto power of the
that in case involving the approval of a conference committee report, the Chair must president.
restate the motion and conduct a viva voce or nominal voting.
To determine if a provision is an inappropriate provision: test of appropriateness
The constitution does not require that the yeas and nays of the Members be taken
every time a House has to vote, except only in the ff circumstances: 1) upon the last It is not enough that a provision be related to the institution or agency to which funds
and third readings of the bills; 2) at the request of 1/5 of the members present; and, 3) are appropriated. Conditions and limitations properly included in an appropriation bill
in repassing a bill over the veto of the president. must exhibit such a connection with money items of appropriation that they logically
belong in a schedule of expenditures. For the rule to apply, restrictions should be such
Abakada vs Ermita in the real sense of the term, not some matter which are more appropriately dealt with
in a separate legislation.
It is within the power of a conference committee to include in its report an entirely
new provision that is not found either in the House bill or in the Senate bill. If the Bengzon vs Drilon
committee can propose an amendment consisting of one or two provisions, there is no
reason why it cannot propose several provisions, collectively considered as “an The act of the Executive in vetoing particular provisions is an exercise of a
amendment in the nature of a substitute”, so long as such amendment is germane to constitutionally vested power. But the veto power is not absolute. Only particular
the subject of the bills before the committee. items may be vetoed.
Uniformity of taxation follows valid classification between individuals and Since only Congress can pass tax laws, it follows that only Congress can provide tax
corporations: exemptions, through the passage of legislation.
1) the standards that are used therefore are substantial and not arbitrary Southern Cement vs Philcemcor
2) the categorization is germane to achieve the legislative purpose The power of taxation by nature and by command of the fundamental law is a
preserve of the legislature.
3) the law applies, all things being equal, to both present and future
conditions The delegation of taxation power by the legislative to the executive is authorized by
the constitution itself. The constitution also grants Congress the right to impose
restrictions and limitations on the taxation power of the president. The restrictions and The Congress can delegate to the cabinet Secretary (i.e. Secretary of Finance), in his
limitations imposed by Congress take on the mantle of a constitutional command, capacity as the alter ego of the president, to carry out the authority vested on the Chief
which the executive branch is obliged to observe. Executive under Section 28.
To determine whether an enterprise is a charitable institution/entity or not, the Tax exemption cannot be granted without the concurrence of the majority of the
elements which should be considered include the statutes creating the enterprise, its members of congress, and may only be done through the passage of legislation. Only
corporate purpose, its constitution and by-laws, the methods of administration, the congress can provide for tax exemptions, as it is the only branch that has power to tax.
nature of the actual work performed, the character of the services rendered, the
indefiniteness of the beneficiaries, and the use and occupation of the properties. A Section 29: Restrictions on the Use of Public Funds
charity may be fully defined as a gift, to be applied consistently with existing laws, for
the benefit of an indefinite number of persons, either by bringing their minds and Pascual vs Secretary of Public Works
hearts under the influence of education or religion, by assisting them to establish
themselves in life or otherwise lessening the burden or government. The test whether MIAA vs Mabunay
an enterprise is charitable or not is whether it exists to carry out a purpose recognized
Legislative may delegate to the agency the power to provide for the means of
in law as charitable or whether it is maintained for gain, profit or private advantage.
obtaining object of an appropriation but such act cannot go beyond statutes.
A charitable institution does not lose its character as such and its exemptions from
Public bidding has been a practice, which is the accepted method of arriving at a fair
taxes simply because it derives income from paying patients, or receivables from the
price and prevents favoritism and overpricing.
government (or donations), so long as the money received is devoted or used
altogether to the charitable object which it is intended to achieve, and no money Guingona vs Carague
inures to the private benefit of the persons managing or operating the institution.
Constitution does not require exact, specific appropriation made by law.
Abakada vs Ermita
COMELEC vs. Quijano
The power of tax cannot be delegated, but the details as to the enforcement and
administration of an exercise of such power may be left to the executive, including the No money shall be paid out of the treasury except in pursuance of an appropriation
power to determine the existence of facts which its operation depends, the rationale made by law.
being that the preliminary ascertainment of facts as basis for the enactment of
legislation is not itself a legislative function but is simply ancillary to legislation. The Appropriation must first be made prior to the bidding and creation of contracts, so as
constitution does not require that Congress find for itself every fact upon which it to provide for a guideline regarding the amount that can be used for the specific
desires to base legislative action or that it make for itself detailed determinations enterprise.
which it has declared to be prerequisite to application of legislative policy to
particular facts and circumstances impossible for Congress itself to properly Gaston vs Republic Planters Bank
investigate.
Taxes levied for a specific purpose are considered to be special funds, which is an
Congress may delegate to the President the power to increase a tax, dependent on a exercise of the police power of the state. Once the specific purpose is accomplished or
certain set of facts, upon the completion of which the president may carry out the abandoned, the funds become and are transferred to the general funds of the state.
delegated power.
Revenues collected are to be treated as a special fund, to be ‘administered in trust’ for
Spouses Constantino vs Cuisia the purpose intended.
Osmena vs. Orbos Philconsa vs Enriquez
Money named as tax but actually collected in the exercise of the police power of the Webb vs De Leon
state may be placed in a special trust account.
The prosecution of crimes pertains to the executive department, whose principal
Section 30: Appellate Jurisdiction of the Supreme Court power and reasonability is to see that our laws are faithfully executed.
The provision is intended to give the SC a measure of control over cases placed under Marcos vs Manglapus
its appellate jurisdiction.
The powers of the president are not limited to those enumerated in the constitution:
Diaz vs CA residual powers
Fabian vs Disierto Right to return – found in the UN declaration of Human Rights, International
covenant on human rights, but not absolute: subject to national interests, public policy
A law is invalid when it increases the appellate jurisdiction of the court without its and welfare, health, etc.
advice.
- general power to faithfully execute the laws
Villavert vs Desierto
express powers of the president – those enumerated in the constitution
Tirol vs COA
residual powers – anything not expressly provided in the Constitution, article VI
Cabrera vs Lapid
Laurel vs. Garcia
Section 31: Titles of Royalty and Nobility
Power to enter into contracts – except for property under public dominion
Section 32: Initiative and Referendum
Djumantan vs. Domingo
SBMA vs COMELEC
Right of every state to regulate the entry of persons into their country: deportation part
Defensor-Santiago vs COMELEC of executive power
Lambino vs COMELEC Chavez vs. PCGG
Article VII Pontejos vs. OMB
Section 1 Executive Power State witness – will not be charged with criminal prosecution.
- Includes rule-making power: implementation and enforcement of laws General claim of executive privilege is not absolute nor unqualified; in a situation
passed when a person’s right is made subject of a criminal proceeding, then production of
evidence is essential to uphold the constitutional rights of the accused.
Neri vs. Senate Committee much as some public officials including the President, may be granted immunity, it
does not apply to unofficial conduct. Immunities are grounded in the nature of the
Presidential communication privilege function performed, not the identity of the actor who performed.
Protected communication must relate to a quintessential and non-delegable Immunity from suit for the president, not for cabinet members.
presidential power
Estrada vs. Disierto
Must be authored or solicited and received by a close advisor of the President
of the President himself Though incumbent presidents are immune from suit DURING their tenure, this
immunity does not extend BEYOND their tenure. Additionally, the charges filed
Remains a qualified privilege that may be overcome by a showing of against Erap are criminal in nature, and the SC cannot “wrap him in post-tenure
adequate need. immunity from liability”. It would then circumvent the general application of laws to
him.
AKBAYAN vs. Aquino
David vs. Arroyo
Soliven vs. Makasiar
The President, during his tenure of office or actual incumbency, may not be sued in
President may waive immunity from suit. The only person who can invoke immunity any civil or criminal case, and there is no need to provide for it in the Constituion or
is the president himself. law. It will degrade the dignity of the high office of the President, the Head of State, if
he can be dragged into court litigations while serving as such. Furthermore, it is
Harlow vs. Fitzgerald important that he be freed from any form of harassment, hindrance or distraction to
enable him to fully attend to the performance of his official duties and functions.
Qualified Immunity or “good faith” immunity may be use by an official. A official
Unlike the legislative and judicial branch, only one constitutes the executive branch
would be qualifiedly immune if he (1) does not know that the action taken in his
and anything which impairs his usefulness in the discharge of the many great and
sphere of responsibility would violate the constitutional rights of the victim. (2) did
important duties imposed upon him by the Constitution necessarily impairs the
not act with malicious intent. Gov’t officials performing discretionary functions
operation of the Government. However, this does not mean that the President is not
generally are shieled from civil damages insofar as their conduct does not violate
accountable to anyone. Like any other official, he remains accountable to the people
clearly established statutory or constitutional rights a reasonable person would have
but he may be removed from office only in the mode provided by law and that is by
known.
IMPEACHMENT.
Clinton vs. Jones
Constantino vs. Cuisia
The President of the United States is entitled to absolute immunity from damages
The President of the Philippines is the Executive of the Government of the
liability predicated on official acts. Some public servants are granted immunity from
Philippines, and no other. The heads of the executive departments occupy political
suits for money damages arising out of their official acts so as to enable them to
positions and hold office in an advisory capacity, and, in the language of Thomas
perform their designated functions effectively without fear that a particular decision
Jefferson, "should be of the President's bosom confidence", and, in the language of
may give rise to personal liability. The societal interest in providing such public
Attorney-General Cushing, "are subject to the direction of the President." Without
officials with the maximum ability to deal fearlessly and impartially with the public at
minimizing the importance of the heads of the various departments, their personality
large as an acceptable justification for official immunity. The point of immunity for
is in reality but the projection of that of the President. Stated otherwise, and as
such officials is to forestall an atmosphere of intimidation that would conflict with
forcibly characterized by Chief Justice Taft of the Supreme Court of the United States,
their resolve to perform their designated function in a principled fashion. However, as
"each head of a department is, and must be, the President's alter ego in the matters of Tecson vs. Lim
that department where the President is required by law to exercise authority".
The election contest can only contemplate a post-election scenario. It is fair to
Section 4: Election of President and VP conclude that the jurisdiction of the Supreme Court, defined by Section 4, paragraph
7, of the 1987 Constitution, would not include cases directly brought before it,
Anson-Roa vs. Arroyo questioning the qualifications of a candidate for the presidency or vice-presidency
before the elections are held.
GMA was not elected: she assumed presidency after resignation of Estrada. Thus,
there is no bar from running for presidency as she is not covered by the phrase: “run Section 7-8: Filling in vacancy in the presidency
for any reelection.”
Estrada vs. Disierto
Brillantes vs. Comelec
Resignation is not a high level legal abstraction. It is a factual question and its
Canvassing of votes for President and VP is the tack of Congress. It cannot be elements are beyond quibble: there must be an intent to resign and the intent must be
undertaken by the Comelec, even in the disguise of being “unofficial.” coupled by acts of relinquishment. The validity of a resignation is not government by
any formal requirement as to form. It can be oral. It can be written. It can be express.
Pimentel vs. Joint Committee It can be implied. As long as the resignation is clear, it must be given legal effect.
The canvassing of votes of the President and VP by the Congress is not one of its
Section 8: Midterm past June 30
legislative functions. Thus, it is not covered by the end of the session of Congress,
unlike its legislative funcstions, which end along with the adjournment of its sessions. Death, Disability; Removal, Resignation Death, Disability;
Resignation
Lopez vs. Senate
Pres. VP Both Acting Pres. (SP/SH)
The constitution provides that Congress has the power to promulgate its rules
concerning the canvassing of votes for the presidency and VP. VP is Pres. Pres. Will nominate Senate Pres./Speaker By Law (Congress)
VPP from Congress of HoR as Pres.
(sec. 9)
Defensor-santiago vs. Ramos
The president need not wait for his/her subordinate’s recommendation to carry out a Rufino vs. Endriga
duty or function vested in his/her office.
The power to appoint is the prerogative of the President, except in those instances
Pimentel vs. Ermita when the Constitution provides otherwise. Under Section 16, there is a fourth group of
lower-ranked officers whose appointments Congress may by law vest in the heads of "officers of the armed forces from the rank of colonel or naval captain" refers to
departments, agencies, commissions, or boards. These inferior or lower in rank military officers alone.
officers are the subordinates of the heads of departments, agencies, commissions, or
boards who are vested by law with the power to appoint. Congress has the discretion Section 17: Power of Control
to grant to, or withhold from, the heads the power to appoint lower-ranked officers.
The 1987 Constitution only allows heads of departments, agencies, commissions, or Lacson-magallanes vs. Pano
boards to appoint only “officers lower in rank” than such “heads of departments, The president is vested with the executive power in the 3 branches of government.
agencies, commissions, or boards.” With this power, comes the power to control all of the executive departments. He can
appoint these heads, and dismiss them as he pleases. Having the power to control and
Calderon vs. Carale direct them, he as well can confirm, modify or reverse the decisions of these
The second sentence of Sec 16, Art VII refers to all other officers of the government department secretaries.
whose appointments are not otherwise provided for by law and those whom the
President may be authorized by law. The NLRC Chairman and Commissioners fall Ang-Angco vs. Castillo
within the second sentence of Sec 16. The Chairman and Members of the NLRC are The power of control of the President extends to the power to “alter or modify or
NOT among the officers mentioned in the first sentence of Sec 16, whose nullify or set aside what a subordinate officer had done in the performance of his
appointments requires the confirmation by the Commission on App. duties and to substitute the judgment of the [President] for that of the [subordinate
officer].” This may be extended to the power to “investigate, suspend or remove
U-Sing vs. NLRC officers and employees who belong to the executive department if they are
Same as Calderon presidential appointees or do not belong to the classified service for such can be
justified that the power to remove is inherent to the power to appoint.” The same
Tarrosa vs. Singson cannot be done to officers or employees who belong to the classified service. The
Congress cannot by law expand the confirmation powers of the Commission on procedure laid down in the Civil Service Act of 1959 must be followed for their
Appointments and require confirmation of appointments of other government removal.
officials not expressly mentioned in the first sentence of Section 16 of Article 7 of the
Constitution. Villaluz vs. Zaldivar
Inherent in the power to appoint is the power to remove.
Manolo vs. Siztoza
The police force is different from and independent of the armed forces and the ranks NAMARCO vs. Arca
in the military are not similar to those in the PNP. Thus, directors and chief President’s power of control includes GOCCs as part of the Executive department.
superintendents of the PNP, such as respondent police officers in this case, do not fall
under the first category of presidential appointees requiring the confirmation by the Drilon vs. Lim
CA (see first sentence of the first paragraph of Section 16). PNP is not part of the AFP. Supervision – merely to determine if rules are being followed; control – change the
rules and creates new ones, and provide penalties for non-compliance with the rules.
Soriano vs. Lista
It is clear from Section 16, Article VII of the 1987 Constitution that only appointed PASEI vs. Torres
officers from the rank of colonel or naval captain in the armed forces require The Ministry of Labor is under the executive department and the president has the
confirmation by the CA. The rule is that the plain, clear and unambiguous language of power of control of its department head (Secretary). It is implicit in the power of
the Constitution should be construed as such and should not be given a construction control is the power to review, confirm, modify or reverse acts of Dept’ heads. In this
that changes its meaning. The enumeration of appointments subject to confirmation by case, if the Secretary grants a new license, Marcos can deny or approve of it. Hence,
the CA under Section 16, Article VII of the 1987 Constitution is exclusive. The clause this LOI takes the nature of a presidential issuance which can be repealed by a later
presidential issuance.
Power of the President to reorganize over: 1) office of the President proper; 2) offices
De Leon vs. Carpio within the office of the President
All executive departments, bureaus, and offices are under control of
President Romuldez vs. Sndiganbayan
President’s power of control over cabinet, who in turn controls bureaus and The felonious act of public officials and their close relatives are not acts of the state,
other offices under their jurisdiction and the officer who acts illegally is not acting as such, but stands on the same footing
o As head of executive department, he may delegate some of his as any other offender.
powers to the Cabinet except when he is required by the
Constitution to act in person or in the exegencies of the situations Chavez vs. Romulo
demand that he act personally Under Section 17, Article VII of the Constitution, he/she is given powers as the Chief
The NBI is under the Department of Justice and since the Secretary of Justice Executive: “The president shall have control of all the executive departments, bureaus
acts as alter ego of the President, his orders must be followed by the Director and offices. He shall ensure that the laws be faithfully executed.” As the Chief
of the NBI. Executive, GMA holds the steering wheel that controls the course of her government.
Acts of the alter egos of the President are acts of the President himself unless She lays down the policies in the execution of her plans and programs. Whatever
disapproved or reprobated by the Chief Executive. policy she chooses, she has her subordinate to implement them. In short, she has the
power of control. Whenever a specific function is entrusted by law or regulation to her
Joson vs. Torres subordinate, she may act directly or merely direct the performance of a duty. Thus,
Jurisdiction over administrative disciplinary actions against elective local officials is when GMA directed Ebdane to suspend the issuance of the PTCFOR, she was just
lodged in two authorities: The disciplining authority and the Investigating Authority. directing a subordinate to perform an assigned duty. Such act was well within the
The Disciplining Authority is the President whether acting by himself or through the prerogative of her office.
Executive Secretary. The Secretary of the Interior and Local Government is the
Investigating Authority who may act by himself or by and Investigating committee. Section 18 Commander in Chief
The secretary of the DILG, however is not the exclusive investigating authority. In
lieu of the DILG Secretary, the disciplining authority may designate a special
Investigating committee. Suspend Privilege of
Declare
Call in AFP Writ of Habeas
Martial Law
Hutchinson vs. SBMA Corpus
Chartered instirutions are always under the power of control of the President. Prevent / Suppress
Yes ? ?
lawless violence
Grounds
Invasion Yes yes yes
Cruz vs. Sec. of DENR
Rebellion Yes yes yes
Prevent / Suppress
PRA vs. Bunag lawless violence
?
The task of the Department of Budget and Management is simply to review the Period Gen. Rule: 60 days (except if extended or revoked by
compensation and benefits plan of the government agency or entity concerned and Invasion
Congress)
determine if the same complies with the prescribed policies and guidelines issued in Rebellion
this regard. The role of the Department of Budget and Management is supervisorial in Notice ? Congress w/in 48 hours
nature, its main duty being to ascertain that the proposed compensation, benefits and Revocation ? Congress
other incentives to be given to PRA officials and employees adhere to the policies and Yes. The test is w/n the Pres. Acted
guidelines issued in accordance with applicable laws. ? arbitrarily 7 sufficiently based on the
Judicial Review &
Period facts; decide in 60 days
Domingo vs. Zamora Who can question ? Any Citizen
Courts & legis.
Open Open Open
Assembly
Lansang vs. Garcia Commutatio
Reprieves Pardon Fines Amnesty
President has 3 courses of action (in times of national emergency): n
To call out Armed Forces Pres. + maj.
To suspend the privilege of the writ of habeas corpus Who
President President President President Of all of
exercises
To place the Philippines (entirely or partly) under martial law Congress