1.
Legislative Process
2. 5 reason why Pork Barrel was rendered unconstitutional
mga iba pang "probably", either sa quiz or exam:
1. Emergency Powers, under Allowable Delegation of Powers
2. Atom Paglaum v Comelec, parameters before an organization can
participate in partylist system
3. Sectoral parties/organization may either be:
marginalized or lacking in well-defined constituencies
4. Is an organization, whose majority of members are unwed and
abandoned mothers, individually (not by group) receiving support
from Government (Pantawid Pamilyang Pilipino), qualified to be a
political party under partylist system? (Note that they have a
legislative agenda.)
5. Constitutionality and legality of the 4 parameters to determine
winners of partylist election, Veterans Federation v Comelec
6. 5 important matters recorded in the Legislative Journal
7. In case of conflict between journal and enrolled bill, what shall
prevail?
8. Electoral tribunal composition, 3 justices, called "Judicial
Component", 6 from House, called "Legislative Component"
9. Process of Augmentation (Law, Savings, Purpose of Transfer)
10. Lagman v Exec Sec
 Military powers of the president:
1. Calling out power- as commander-in-chief; grounds:
lawless violence, rebellion or invasion
2. Power to declare martial law- grounds: invasion,
rebellion—public safety requires it
3. Power to suspend the privilege of habeas corpus-
11. Hanging question: Can a dual citizen question the
proclamation of Martial Law/
suspension of privilege of Writ of Habeas Corpus as a "concerned
citizen"?
 A dual citizen can question the proclamation of Martial
Law because s/he is deemed to have the same rights and
privileges of a full pledged citizen
12. 10 constitutional safeguards for Judicial Dept. independence
1. Age of retirement; 70 years old; Sec 2, Art VIII
2. Fiscal autonomy- freedom from outside control particularly on
financial matters; Sec 3, Art VIII
3. Members can only be removed by way of impeachment; Sec 2,
Art XI
4. No law shall be passed increasing the appellate jurisdiction of
the SC; Sec30, Art VI
5. Congress shall not deprive the SC of its jurisdiction stipulated
in Sec 5, Art VIII; Sec 2, (2) Art VIII
6. No law shall be passed undermining the security of tenure of
judges; Sec 2, Art VIII
7. A member can only be appointed upon the recommendation of
the JABC; Sec 9 (1), Art VIII
8. A member of the SC cannot be appointed to any agency
performing quasi-judicial or administrative function; Sec 12, Art
VIII
9. SC has the exclusive power to discipline and or remove judges
of lower courts; Sec 11, Art VIII
10. SC shall have administrative supervision over all courts and
personnel thereof; Sec 6, Art VIII
13. Chaves v JBC
 Operative fact doctrine
 Composition of Judicial and Bar Council:
- 7 members
` 3 ex-officio members- Chief Justice as Chairman,
Secretary of Justice and a representative of the
Congress
 `4 regular members- representative of the integrated
bar of the Philippines; retired member of the Supreme
Court; a professor of law; and a
representative of the private sector
- No need for confirmation of Commission on
Appointments; but regular members of the JABC shall
be appointed by the President with the consent of the
Commission on Oppointments.
14. 9 instances the SC decides en banc
The Court en banc shall act on the following matters and cases
1. Cases in which constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in
question (Section 5 (a), Article VIII, 1987 PC)
2. Criminal cases wherein death penalty is imposed
3. Cases that raises novel questions of law or of transcendental
importance
4. Cases affecting ambassadors, other public minsters and
consuls
5. Cases involving decisions, resolutions, and orders of the 3
independent constitutional commissions
6. Cases involving the dismissal of a judge, officer or employee;
disbarment of a lawyer or suspension from private practice for a
period of 1 year or more or a fine exceeding Php10000.00
7. If a doctrine or principle laid down by the division may be
modified or reversed.
8. If a case assigned to a division cannot be decided by a majority
vote:
En banc cases: decided by majority vote; 8 members to be
actually participating
Divisions 3- 2 majority votes
5- 3 majority votes
7- 5 majority votes
9. All other cases where the SC may be deemed fit will be decided
en banc
15. Fiscal autonomy (under common provisions on independent
constitutional commissions)
 Freedom from outside control particularly financial
affairs in government office: SC, CSC, COMELEC, COA. As it is
qualified that the budget of the SC cannot be reduced to the
next fiscal year, can be retained or increased and there is no
specific prohibition for the 3 independent constitutional
commission in the provisions of the constitution.
16. 9 common provisions on independent constitutional
commission
1. Appointed as commissioner, prohibited to hold any other
office or employment during tenure
2. Prohibited to practice profession or business which may
affect office
3. Prohibition to any members of the commission to be
financially interested, directly or indirectly
4. Enjoys fiscal autonomy
5. They have the authority to promulgate its own rules
concerning pleadings and practice before it or before any of
its offices; Sec 6, Art IX
6. Decisions may be appeal or brought directly to the SC by
way of petition or certiorari; implication in the hierarchy of
courts is that the 3 independent constitutional commissions
is considered as an administrative body congruent to the
Court of Appeals, however, decisions rendered will be filed to
the SC
7. Are authorized to appoint their officials or employees in
accordance with law
8. Chairman, commissioner members will be appointed by the
President directly but subject to the consent of the
Commission on Appointments as constitutional safeguards
9. Cannot be abolished thru ordinary legislation
17. Describe the 3 independent constitutional commissions
 a. Civil Service Commission
 The human resource in the government; a central
personal agency of the government; an official document
custodian of all administrative cases involving government
employees; provides lists of recommendations in so as as non-
judicial positions; a commissioner must be with proven capacity
for public administration
b. Commission on Elections
 Execute all laws pertinent to right to suffrage;
administer all laws and regulations relative to the conduct of
elections, plebiscite, initiative, referendum and recall; majority
of its members are members of the Philippine Bar with the
practice of law with a period of 10 years.
c. Commission on Audit
 Watchdog of all government funds and property;
have the authority and power to examine and audit all activities
particularly government money.
18. distinguish: majority, dissenting, concurring, separate
opinions of SC
a. Majority opinion of the SC- view of the majority of justices in the
case; controlling opinion of the case;
b. Dissenting opinion- contrary view to the majority decision;
c. Separate opinion- agrees with the majority opinions but not in
the results of the opinion; also in support of the majority
opinion; a different opinion;
d. Concurring opinion- also in support, writing is adducing
additional arguments to support the majority view
 Doctrine of purposeful hesitation- as much as possible, court
should desist on deciding the constitutionality of a law or an act
because of separation of powers; the presumption that before the
legislative enacted a law, they have studied it first. That the law
or act have undergone 3 readings on 3 separate days; out of
respect. If there is a clear ground, the SC will hesitate.
 Pro havice- on that particular case only
Impeachable officers:
1. President
2. Vice- President
3. Justice of the Supreme Court
4. Member of independent constitutional commissions
5. Ombudsman
Impeachable offenses:
1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Graft and corruption
5. Other high crimes or betrayal of public trust
A citizen or a member of HR will file.
Endorsed by a member of the HR of the verified complaint of the non-
member of the house.
If properly endorsed, refer the complaint to the committee of justice in
the HR.
Purpose is for the Committee of Justice to verify if the complaint is
sufficient in form and in substance and to determine probable cause.
If sufficient, the coj will draft articles of impeachment
And will present to the plenary consisting of all members of the lower
house to approve article of impeachment by 1/3 vote.
And once approved, will be elevated to senate for trial.
Senate constitutes itself as an impeachable court as a jury system.
 If COJ recommends dismissal due to lack of form and substance,
Plenary is not bound by such recommendation of coj by 1/3 vote.
Conviction requires 2/3 votes of all senate members