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THE PHILIPPINE CONSTITUTION POLITICAL LAW

1. Quantitative test – Asks whether the proposed


THE PHILIPPINE CONSTITUTION Rigid Flexible change is so extensive in its provisions as to
change directly the ‘substantial entirety’ of the
Constitution by the deletion or alteration of
Can be amended only by a Can be changed by
numerous existing provisions. One examines only
formal and usually difficult ordinary legislation.
CONSTITUTION: the number of provisions affected and does not
process.
DEFINITION, NATURE AND CONCEPTS consider the degree of the change.
2. Qualitative test – Asks whether the change will
NOTE: The Philippine Constitution is written, enacted, accomplish such far reaching changes in the nature
and rigid. of our basic governmental plan as to amount to a
Political Law
revision. (Lambino v. Comelec, G.R. No. 174153, Oct.
Ways to interpret the Constitution 25, 2006)
Branch of public law that deals with the organization and
operations of the governmental organs of the State and 1. Verba legis – Wherever possible, the words used in
defines its relations with the inhabitants of the territory. the Constitution must be given their ordinary Ways to amend or revise the Constitution
(People v. Perfecto, G.R. No. L-18463, Oct. 4, 1922) meaning except where technical terms are
employed.
BASIS CONSTITUENT ASSEMBLY CONSTITUTIONAL PEOPLE’S INITIATIVE
Scope of Political Law 2. Ratio legis est anima – Where there is ambiguity,
(ConAss) CONVENTION (ConCon)
the words of the Constitution should be
1. Political Law interpreted in accordance with the intent of the
How
2. Constitutional Law framers. By Congress acting as 1. By Congress upon a vote of 2/3 By the people, upon a petition thru
proposed
3. Administrative Law 3. Ut magis valeat quam pereat – The Constitution is Constituent Assembly of ALL its members (to call for a a plebiscite (at least 12% of the
4. Law on Municipal Corporations to be interpreted as a whole. (Francisco v. House of upon a vote of ¾ of ALL ConCon); OR TOTAL number of registered
5. Law on Public Officers Representatives, G.R. No. 160261, Nov. 10, 2003) its members (2014 voters, of which every legislative
6. Election laws Bar) 2. Upon a majority vote of ALL district must be represented by 3%
7. Public International Law members of Congress to submit of the registered voters therein
PARTS OF A WRITTEN CONSTITUTION to the Electorate the question of (1987 Constitution, Art. XVII, Sec. 2)
CONSTITUTION calling a ConCon (+Plebiscite) (+Full text of the proposed
(2012 Bar) 1. Constitution of Sovereignty – Provisions pointing (1987 Constitution, Art. XVII, Sec. amentments attached in the
out the modes or procedure in accordance with 3) petition)
The written instrument enacted by direct action of the which formal changes in the Constitution may be
people by which the fundamental powers of the made. (1987 Constitution, Art. XVII)
government are established, limited and defined, and by 2. Constitution of Liberty – Series of prescriptions
which those powers are distributed among the several setting forth the fundamental civil and political
departments for their safe and useful exercise for the rights of the citizens and imposing limitations on
benefit of the body politic. (Malcolm, Philippine Coverage Amendment or Revision Amendment ONLY
the power of the government as a means of
Constitutional Law, p. 6) securing the enjoyment of those rights. (1987
Constitution, Art. III) Legal 1. Manner of Proposal; or Propositions can be declared null
Effectivity date of the present Constitution 3. Constitution of Government– Provides for a Questions and void for:
structure and system of government; provisions (Subject to 2. Manner of calling ConCon
The 1987 Constitution was ratified in a plebiscite on outlining the organization of the government, Judicial 1. Violation of the Constitution
February 2, 1987. (De Leon v. Esguerra, G.R. No. L-78059, enumerating its powers, laying down certain rules Review) - This is a case where Congress, acting as a ConAss, calls for a
Aug. 31, 1987) relative to its administration and defining the ConCon but does not provide details for the calling of such ConCon,
electorate. [1987 Constitution, Art. VI (Legislative and Congress, in exercising its ordinary legislative power, may
Classifications of the Constitution Dep’t); Art. VII (Exec. Dep’)]; Art. VIII (Judicial supply such details.
Dep’t); Art. IX (Constitutional Commissions)]
Written Unwritten
AMENDMENTS AND REVISIONS Political Substance of the
Questions proposal.
Consists of rule, which Amendment vs. Revision
Precepts are embodied in have not been integrated
one document or set of into a single, concrete Whether ConAss or ConCon should initiate the amendment
BASIS AMENDMENT REVISION or revision.
documents. form but are scattered in
various sources. A revamp or
Isolated or rewriting of the
piecemeal change whole Limits No amendment be authorized
Enacted Evolved merely by adding, instrument oftener than once every 5 years
Definition deleting, or (1987 Constitution, Art. XVII, Sec. 2).
(Conventional) (Cumulative) altering the
reducing without substantial
altering the basic entirety of the
Result of political principles involved. Constitution.
Formally struck off at a evolution, not inaugurated
definite time and place at any specific time but Tests to determine whether a proposed change is an
following a conscious or changing by accretion amendment or a revision
deliberate effort taken by a rather than by any
constituent body or ruler. systematic method.

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FACULTY OF CIVIL LAW
THE PHILIPPINE CONSTITUTION POLITICAL LAW
Ratification the system of initiative. They can only do so with respect Filipino First Policy. (Manila Prince Hotel v. GSIS, G.R. No.
to "laws, ordinances, or resolutions." Secondly, the Act the registered registered voters of 122156, Feb. 3, 1997)
Amendments or revisions to the Constitution should be does not provide for the contents of a petition for voters of a local the local
ratified by the majority in a plebiscite which should be initiative on the Constitution. The use of the clause government unit government units NOTE: In case of doubt, the provisions of the
held not earlier than 60 days nor later than 90 days after "proposed laws sought to be enacted, approved or may directly may approve, Constitution should be construed as self-executing;
the approval of such amendment. rejected, amended or repealed" denotes that RA 6735 propose, enact, amend or reject any mandatory rather than directory; and prospective rather
excludes initiative on the amendments of the or amend any ordinance enacted than retroactive. (Cruz and Cruz, Constitutional Law, p. 8)
Constitution. ordinance. (LGC, by the Sanggunian.
Requisites for a valid ratification Sec. 120) (LGC, Sec. 126)
Also, while the law provides subtitles for National
1. Held in a plebiscite conducted under Election Law; Initiative and Referendum and for Local Initiative and NOTE: The following cannot be subject of an initiative or ---
2. Supervised by COMELEC; and Referendum, no subtitle is provided for initiative on the referendum: Q: During the campaign, a Presidential Candidate,
3. Where only registered voters take part. Constitution. This means that the main thrust of the law a. No petition embracing more than one (1) subject announced that he would allow the burial of former
is initiative and referendum on national and local laws. If shall be submitted to the electorate. President Marcos at the Libingan Ng Mga Bayani
Doctrine of Proper Submission RA 6735 were intended to fully provide for the b. Statutes involving emergency measures, the (LNMB). On August 7, 2016, Secretary of National
implementation of the initiative on amendments to the enactment of which are specifically vested in Defense issued a Memorandum to Chief of Staff of the
A plebiscite may be held on the same day as a regular Constitution, it could have provided for a subtitle, Congress by the Constitution, cannot be subject to Armed Forces of the Philippines (AFP), regarding the
election. (Gonzales v. COMELEC, G.R. No. L-28196, Nov. 9, considering that in the order of things, the primacy of referendum until 90 days after their effectivity. interment of Marcos at the LNMB. Dissatisfied with
1967) interest, or hierarchy of values, the right of the people to (RA 6735, Sec. 10). the foregoing issuance, the petitioners filed their
directly propose amendments to the Constitution is far respective petitions arguing that the burial of Marcos
The people must be sufficiently informed of the more important than the initiative on national and local SELF-EXECUTING AND NON-SELF-EXECUTING at the LNMB should not be allowed because it has the
amendments to be voted upon, for them to laws. PROVISIONS effect of not just rewriting history as to the Filipino
conscientiously deliberate thereon, to express their will people's act of revolting against an authoritarian
in a genuine manner. Submission of piece-meal While RA 6735 specially detailed the process in Self-executing provision ruler but also condoning the abuses committed
amendments is unconstitutional. implementing initiative and referendum on national and during the Martial Law, thereby violating the letter
local laws, it intentionally did not do so on the system of Provision which is complete by itself and becomes and spirit of the 1987 Constitution, which is a "post-
All amendments must be submitted for ratification in initiative on amendments to the Constitution. (Defensor- operative without the aid of supplementary or enabling dictatorship charter" and a "human rights
one plebiscite only. The people have to be given a proper Santiago v. COMELEC G.R. No. 127325, March 19, 1997) legislation, or that which supplies sufficient rule by constitution." For them, the ratification of the
frame of reference in arriving at their decision. means of which the right it grants may be enjoyed or Constitution serves as a clear condemnation of
(Tolentino v. COMELEC, G.R. No. L-34150, Oct. 16, 1971) Referendum protected; nature and extent of the right conferred and Marcos' alleged "heroism.'
the liability imposed are fixed by the Constitution itself
Initiative Power of the electorate to approve or reject legislation and there is no language indicating that the subject is Does the issuance and implementation of the
through an election called for that purpose. referred to the legislature for action. assailed memorandum and directive violate the
Power of the people to propose amendments to the Constitution?
Constitution or to propose and enact legislation. Kinds of referendum GR: All provisions of the Constitution are SELF-
EXECUTORY. A: No. The President's decision to bury Marcos at the
Kinds of initiative under the Initiative and 1. Referendum on Statutes - Refers to a petition to Rationale: A contrary rule would give the legislature LNMB is in accordance with the Constitution, the law or
Referendum Act (RA 6735) approve or reject a law, or part thereof, passed by discretion to determine when, or whether, they shall be jurisprudence. The Constitution is a product of our
Congress. effective. These provisions would be subordinated to the collective history as a people, its entirety should not be
1. Initiative on the Constitution – Refers to a petition 2. Referendum on Local Law – Refers to a petition to will of the lawmaking body, which could make them interpreted as providing guiding principles to just about
entirely meaningless by simply refusing to pass the anything remotely related to the Martial Law period such
proposing amendments to the Constitution. approve or reject a law, resolution or ordinance
needed implementing statute (Manila Prince Hotel v. as the proposed Marcos burial at the LNMB. Tahada v.
2. Initiative on statutes – Refers to a petition to enact enacted by regional assemblies and local legislative
GSIS, G.R. 122156, Feb. 3, 1997). Angara already ruled that the provisions in Article Il of
a national legislation. bodies.
3. Initiative on local legislation – Refers to a petition the Constitution are not self-executing.
XPN: When it is expressly provided that a legislative act
proposing to enact a regional, provincial, Initiative vs. Referendum (2000 Bar)
is necessary to enforce a constitutional mandate; or In the same vein, Sec. I of Art. XI of the Constitution is not
municipal, city, or barangay law, resolution or
those provisions which lay down general principles are a self-executing provision considering that a law should
ordinance. [RA 6735, Sec. 3 (a)] BASIS INITIATIVE REFERENDUM
usually NOT self-executory (Manila Prince Hotel v. GSIS, be passed by the Congress to define and effectuate the
The power of the G.R. 122156, Feb. 3, 1997).: principle embodied therein.
NOTE: Sec. 3 (b) of RA 6735 provides for: Power of the
people to propose a. Art. II: "Declaration of Principles and State
electorate to Policies".
a. Indirect Initiative – Exercise of initiative by the amendments to Petitioners' reliance on Sec. 3(2) of Art. XIV and Sec. 26
approve or reject b. Art. XIII: "Social Justice and Human Rights"
people through a proposition sent to Congress or the Constitution of Art. XVIII of the Constitution is also misplaced. Sec.
Definition legislation through c. Art. XIV: "Education Science and Technology, Arts,
the local legislative body for action. or to propose and 3(2) of Art. XIV refers to the constitutional duty of
an election called Culture end Sports”
b. Direct Initiative – The people themselves filed enact legislations educational institutions in teaching the values of
for that purpose NOTE: Such provisions are not ready for
the petition with the COMELEC and not with through an patriotism and nationalism and respect for human rights,
[RA No. 6735 enforcement through the courts but are used by
Congress. election called for while Sec. 26 of Art. XVIII is a transitory provision on
[1989], Sec. 3(c)] the judiciary as aids or guides in the exercise of its
the purpose. sequestration or freeze orders in relation to the recovery
power of judicial review, and by the legislature in of Marcos' ill-gotten wealth. Clearly, with respect to
RA 6735 is INADEQUATE in covering the system of
Local initiative vs. Local referendum its enactment of laws. these provisions, there is no direct or indirect
initiative on amendments to the Constitution (2014
(Tondo Medical Employees Association v. CA, G.R. No. prohibition to Marcos' interment at the LNMB.
Bar)
LOCAL LOCAL REFERENDUM 167324, July 17, 2007)
BASIS
Under the said law, initiative on the Constitution is INITIATIVE
XPN to the XPN: Sec. 16, Art. II – Right of to a balanced
confined only to proposals to amend. The people are not
The legal The legal process and healthful ecology (Oposa v. Factoran, G.R. No. 101083,
accorded the power to "directly propose, enact, approve, Definition
process whereby whereby the July 30, 1993), Right to information in Art. III, and
or reject, in whole or in part, the Constitution" through

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FACULTY OF CIVIL LAW
GENERAL CONSIDERATIONS – NATIONAL TERRITORY POLITICAL LAW
Fixed portion of the surface of the Earth inhabited by the jurisdiction may be diminished, but it does not
(Saturnino C. Ocampo, Et Al. Vs Rear Admiral Ernesto C. people of the State. As an element of a State, it is an area disappear. So it is with the bases under lease to the Effect of RA 9522 (An Act to Amend Certain Provisions
Enriquez, Et Al., G.R. No. 225973, November 8, 2016) over which a state has effective control. American armed forces by virtue of the military bases of RA 3046, As Amended by RA 5446, To Define the
--- agreement of 1947. They are not and cannot be Archipelagic Baseline of the Philippines and For Other
Composition of the Philippine Territory considered as foreign territory. Purposes) on specific description and affirmation of
GENERAL PROVISIONS sovereignty over our national territory
1. The Philippine archipelago – That body of water Not even the embassy premises of a foreign power are to
Flag of the Philippines studded with islands which is delineated in the be considered outside the territorial domain of the host RA 9522 amends RA 3046, which defines the baselines of
Treaty of Paris, as amended by the Treaty of state. The ground occupied by an embassy is not in fact the territorial sea of the Philippines. The Kalayaan Island
It shall be red, white, and blue, with a sun and three Washington and the Treaty with Great Britain. the territory of the foreign State to which the premises Group as constituted under PD 1596 and Bajo de
stars, as consecrated and honored by the people and belong through possession or ownership. The lawfulness Masinloc, also known as Scarborough Shoal is
recognized by law. (1987 Constitution, Art. XVI, Sec. 1) CONSISTS OF INCLUDING ITS or unlawfulness of acts they committed is determined by determined as “Regime of Islands” under the Republic of
a. Terrestrial the territorial sovereign. If an attaché commits an the Philippines consistent with Art. 121 of the United
Symbols of nationality b. Fluvial 1. Territorial Sea offense within the precincts of an embassy, his immunity Nations Convention on the Law of the Sea which states:
c. Aerial Domains 2. Seabed from prosecution is not because he has not violated the
1. Philippine Flag – the flag may be changed by 3. Subsoil local law, but rather for the reason that the individual is 1. An island is a naturally formed area of land,
constitutional amendment; 4. Insular shelves exempt from prosecution. If a person not so exempt, or surrounded by water, which is above water at high
2. Name for the country; 5. Other Submarine areas whose immunity is waived, similarly commits a crime tide.
3. National anthem; and therein, the territorial sovereign, if it secures custody of 2. Except as provided for in par. 3, the territorial sea,
4. National seal. the offender, may subject him to prosecution, even the contiguous zone, the exclusive economic zone
2. All other territories over which the Philippines though its criminal code normally does not contemplate and the continental shelf of an island are
NOTE: Congress may, by law, adopt new symbols in has sovereignty or jurisdiction – Includes any the punishment of one who `commits an offense outside determined in accordance with the provisions of
numbers 2, 3 and 4 subject to ratification by the people territory that presently belongs or might in the of the national domain. It is not believed, therefore, that this Convention applicable to other land territory.
in a referendum. future belong to the Philippines through any of the an ambassador himself possesses the right to exercise 3. Rocks which cannot sustain human habitation or
accepted international modes of acquiring jurisdiction, contrary to the will of the State of his economic life of their own shall have no exclusive
Composition of the Armed Forces of the Philippines territory. sojourn, even within his embassy with respect to acts economic zone or continental shelf.
there committed. Nor is there apparent at the present
It shall be composed of a citizen armed force which shall Components of the National Territory time any tendency on the part of States to acquiesce in Spratlys Group of Islands (SGI) is not part of the
undergo military training and serve, as may be provided his exercise of it. (William C. Reagan v. CIR, G.R. No. L- Philippine Archipelago because it is too far to be
by law. (1987 Constitution, Art. XVI, Sec. 4) 1. Terrestrial Domain 26379, Dec. 27, 1969) included within the archipelagic lines encircling the
2. Maritime Domain internal waters of Philippine Archipelago. The SGI,
Bar on the AFP to participate in partisan political 3. Aerial Domain ARCHIPELAGIC DOCTRINE however, is part of the Philippine territory because it
activities was discovered by a Filipino seaman in the name of
--- Archipelagic State Tomas Cloma who later renounced his claim over it in
It shall be insulated from partisan politics. No member of Q: William, a private American citizen and frequent favor of the Republic of the Philippines. Subsequently,
the military shall engage directly or indirectly in any visitor to the Philippines, was inside the U.S. A state constituted wholly by one or more archipelagos then Pres. Marcos issued a Presidential Decree
partisan political activity, except to vote. [1987 embassy when he got into a heated argument with a and may include other islands. constituting SGI as part of the Philippine territory
Constitution, Art. XVI, Sec. 5(3)]. private Filipino citizen. Then, in front of many
shocked witnesses, he killed the person he was Archipelagic Doctrine (2015 Bar) and sending some of our armed forces to protect said
NOTE: The prohibition also extends to government- arguing with. The police came, and brought him to island and maintain our sovereignty over it.
owned or controlled corporations (GOCC) or any of their the nearest police station. Upon reaching the station, The waters around, between, and connecting the islands
subsidiaries. [1987 Constitution, Art. XVI, Sec. 5(4)] the police investigator, in halting English, informed of the archipelago, regardless of their breadth and SGI and Scarborough Shoal as part of the National
William of his Miranda rights, and assigned him an dimensions, form part of the internal waters of the Territory (2013 Bar)
Period of the tour of duty of the Chief of Staff independent local counsel. William protested his Philippines. (1987 Constitution, Art. I)
arrest. He argued that since the incident took place The SGI and Scarborough Shoal fall under the 2nd phrase
GR: It shall not exceed three (3) years. inside the U.S. embassy, Philippine courts have no Under the Archipelagic Doctrine, we connect the of Art. I, i.e., “and all other territories over which the
jurisdiction because the U.S. embassy grounds are outermost points of our archipelago with straight Philippines has sovereignty or jurisdiction.” It is part of
XPN: It can be extended by the President during times of not part of Philippine territory; thus, technically, no baselines and consider all the waters enclosed thereby as our national territory because the Philippines exercise
war or any other national emergency, provided that the crime under Philippine law was committed. Is internal waters. The entire archipelago is regarded as sovereignty (through election of public officials) over the
existence of such be declared by the Congress. (1987 William correct? (2009 Bar) one integrated unit instead of being fragmented into so Spratly Group of Islands. Moreover, under the Philippine
Constitution, Art. XVI, Sec. 5) many thousand islands. (Cruz and Cruz, Philippine Baselines Law of 2009 (RA 9522), the Spratly Islands and
A: NO. William is not correct. The premises occupied by Political Law, p. 24) the Scarborough Shoal are classified as islands under the
the United States Embassy do not constitute territory of regime of the Republic of the Philippines. (Philippine
the United States but of the Philippines. Crimes Purposes of the Archipelagic Doctrine Baselines Law of 2009)
GENERAL CONSIDERATIONS committed within them are subject to the territorial
jurisdiction of the Philippines. Since William has no a. Territorial Integrity
diplomatic immunity, the Philippines can prosecute him b. National Security
if it acquires custody over him. (UPLC Suggested c. Economic reasons
Answers to the Bar)
NATIONAL TERRITORY
--- NOTE: The main purpose of the archipelagic doctrine is
to protect the territorial interests of an archipelago, its
(1996, 2004, 2005, 2009 Bar) NOTE: Foreign embassies retain their status as native territorial integrity. Without it, there would be “pockets
soil. They are still subject to Philippine authority. Its of high seas” between some of our islands and islets, thus
Territory foreign vessels would be able to pass through these
“pockets of seas” and would have no jurisdiction over it.

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FACULTY OF CIVIL LAW
GENERAL CONSIDERATIONS – STATE IMMUNITY POLITICAL LAW
jurisdiction and applicable only to US personnel under the heirs and victims of the Mendiola incident by the position, which exempts it from suit. (Lim v. Brownell,
VFA and not to special civil actions such as the present government and by the public addresses made by G.R. No. L-8587, March 24, 1960)
STATE IMMUNITY petition for issuance of a writ of Kalikasan. The principle then President Aquino in the aftermath of the ---
of State immunity therefore bars the exercise of killings. Is the argument meritorious?
jurisdiction by this Court over the persons of the US b. When State enters into a business contract.
Doctrine of State Immunity (1991, 1994, 1996, 2005, Officials. (Arigo v. Swift, G.R. No. 206510, Sept. 16, 2014) A: NO. The actions of President Aquino cannot be
2006, 2007, 2013 Bar) --- deemed as a waiver of State immunity. Whatever acts or Capacities of the State in entering into contracts
utterances that then President Aquino may have done or
The State may not be sued without its consent. (1987 Remedy of a person who feels aggrieved by the acts said, the same are not tantamount to the State having 1. In jure gestionis – By right of economic or business
Constitution, Art. XVI, Sec. 3) of a foreign government waived its immunity from suit. The President's act of relations; commercial, or proprietary acts. MAY BE
joining the marchers, days after the incident, does not SUED. (US v. Guinto, G.R. No. 76607, Feb. 26, 1990)
Basis of the Doctrine of State Immunity Under both Public International Law and Transnational mean that there was an admission by the State of any NOTE: The State may be said to have descended to
Law, a person who feels aggrieved by the acts of a liability. Moreover, petitioners rely on President the level of an individual and can thus be deemed
GR: All states are sovereign equals and cannot assert foreign sovereign can ask his own government to Aquino's speech promising that the government would to have tacitly given its consent to be sued only
jurisdiction over one another, consonant with the public espouse his cause through diplomatic channels. (Holy See address the grievances of the rallyists. By this alone, it when it enters into business
international law principle of par in parem non habet v. Rosario, G.R. No. 101949, Dec. 1, 1994) cannot be inferred that the State has admitted any contracts. Consequently, the restrictive application
imperium. A contrary disposition would "unduly vex the liability, much less can it be inferred that it has of State immunity is proper only in such case
peace of nations." (Arigo v. Swift, G.R. No. 206510, Sept. Forms of consent consented to the suit. (Republic v. Sandoval, G.R. No. (Restrictive Theory of State Immunity from
16, 2014) 84607, March 19, 1993) suit).
1. Express consent --- 2. In jure imperii – By right of sovereign power and in
The head of State, who is deemed the personification of a. General law the exercise of sovereign functions. No implied
the State, is inviolable, and thus, enjoys immunity from i. Act No. 3083 and CA 327 as amended by b. Special law consent. (US v. Ruiz, G.R. No. L-35645, May 22, 1985)
suit. (JUSMAG Philippines v. NLRC, G.R. No. 108813, Dec. Secs. 49-50, PD 1445 – Money claims i. By virtue of PD 1620, the grant of NOTE: In exercising the power of eminent domain,
15, 1994) arising from contracts which could serve immunity to IRRI is clear and unequivocal, the State exercises a power jure imperii. Yet, it has
as a basis of civil action between private and an express waiver by its Director been held that where property has been taken
Likewise, public officials may not be sued for acts done in parties to be first filed with COA before a General is the only way by which it may without the payment of just compensation, the
the performance of their official functions or within the suit may be filed in court. The COA must relinquish or abandon this immunity. defense of immunity from suit cannot be set up in
scope of their authority. (DOH v. Phil. Pharmawealth, Inc., act upon the claim within 60 days. (Callado, v. IRRI, G.R. No. 106483, May 22, an action for payment by the owner. (Republic v.
G.R. No. 182358, Feb. 20, 2013) Rejection of the claim authorizes the 1995) Sandiganbayan, G.R. No. 90478, Nov. 21, 1991)
claimant to elevate the matter to the 2. Implied consent
NOTE: The rule is that if the judgment against such Supreme Court on certiorari. a. When the State commences litigation, it ---
officials will require the state itself to perform an ii. Art. 2180, NCC – Tort committed by special becomes vulnerable to counterclaim. (Froilan v. Q: Do all contracts entered into by the government
affirmative act to satisfy the same, the suit may be agent; Pan Oriental Shipping, G.R. No. L-6060, Sept. 30, operate as a waiver of its non-suability?
regarded as against the state itself although it has not iii. Art. 2189, NCC – LGUs liable for injuries or 1954)
been formally impleaded. (Garcia v. Chief of Staff, G.R. No. death caused by defective condition of A: NO. Distinction must still be made between one which
L-20213, January 31, 1966) roads or public works under their control --- is executed in the exercise of its sovereign function and
(City of Manila v. Teotico, et al., G.R. No. L- Q: In a property dispute, the Attorney General of the another which is done in its proprietary capacity. A State
XPN: A State may be sued if it gives consent, whether 23052, January 29, 1968); United States and the defendant-intervenor Republic may be said to have descended to the level of an
express or implied. iv. Sec. 22(2), RA 7160, LGC of 1991 – LGUs of the Philippines each filed an answer alleging by individual and can be deemed to have actually given its
have power to sue and be sued; and way of affirmative defense that the lower court had consent to be sued only when it enters into business
--- v. Sec. 24 of LGC – LGUs and their officials are no jurisdiction over the claim since the action in that contracts. It does not apply where the contract relates to
Q: The USS Guardian of the US Navy ran aground on not exempt from liability for death or regard constituted a suit against the United Sates to the exercise of its sovereign functions. (Department of
an area near the Tubbataha Reefs, a marine habitat injury or damage to property. which it had not given its consent. Did the Republic Agriculture v. NLRC G.R. No. 104269, Nov. 11, 1993)
of which entry and certain human activities are of the Philippines by its intervention waive its right ---
prevented and afforded protection by Philippine NOTE: The express consent of the State to be sued must of immunity from suit?
laws and UNCLOS. Bishop Arigo of Palawan filed a be embodied in a duly enacted statute and may not be A suit is considered as suit against the State when:
petition for the issuance of Writ of Kalikasan and given by a mere counsel of the government. (Republic v. A: NO. The Republic of the Philippines did not waive its
impleaded US officials in their capacity as Purisima, G.R. No. L-36084, Aug. 31, 1977) immunity from suit. The Republic of the Philippines 1. The Republic is sued by name;
commanding officers of the US Navy. He argues that intervened in the case merely to unite the defendant 2. The suit is against an unincorporated government
there is a waiver of immunity from suit found in the --- Attorney General of the United States in resisting agency performing propriety functions; and
Visiting Forces Agreement (VFA) between the US and Q: Kilusang Magbubukid ng Pilipinas (KMP) members plaintiff’s claims, and for that reason asked no 3. The suit is on its face against a government officer
the Philippines, and invoke federal statues in the US clashed with the anti-riot squad which resulted to 13 affirmative relief against any party in the answer in but the case is such that ultimate liability will
under which agencies of the US have statutorily deaths and several casualties. Thereafter, President intervention it filed, and in its answer to the amended belong to the government. (Republic v. Sandoval,
waived their immunity to any action. Is he correct? Corazon C. Aquino issued AO 11 creating the Citizens’ complaint, "reproduced and incorporated by reference" G.R. No. 84607, March 19, 1993)
Mendiola Commission to conduct the investigation all the affirmative defenses contained in the answer of
A: NO. The VFA is an agreement which defines the about the incident. The commission recommended the defendant Attorney General, one of which is that the ---
treatment of United States troops and personnel visiting compensating the victims. The petitioners (Caylao lower court had no jurisdiction over the claim for rentals Q: Spouses Bana sued the Philippine National
the Philippines to promote “common security interests” group) together with the military personnel involved because of lack of consent to be sued. This is not a case Railways for damages for the death of their son who
between the US and the Philippines in the region. The in the Mendiola incident instituted an action against where the state takes the initiative against a private fell from an overloaded train belonging to the PNR.
invocation of US federal tort laws and even common law the Republic of the Philippines before the trial court. party by filing a complaint in intervention, thereby The trial court dismissed the suit on the ground that
is thus improper considering that it is the VFA which Respondent Judge Sandoval dismissed the complaint surrendering its privileged position and coming down to the charter of the PNR, as amended by PD 741, has
governs disputes involving US military ships and crew on the ground of state immunity from suit. the level of the defendant, but one where the state, as made the same a government instrumentality, and
navigating Philippine waters in pursuance of the Petitioners argued that the State has impliedly one of the defendants, merely resisted a claim against it thus immune from suit. Is the dismissal proper?
objectives of the agreement. However, the waiver of waived its immunity from suit with the precisely on the ground among others, of its privileged
State immunity under the VFA pertains only to criminal recommendation of the Commission to indemnify

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FACULTY OF CIVIL LAW
GENERAL CONSIDERATIONS – STATE IMMUNITY POLITICAL LAW
A: NO. PNR is not immune from suit. It did not remove the latter invoked Proclamation No. 1358 whereby it Determination of suability of government agencies government obligation, then the money can be
itself from the operation of Arts. 1732 to 1766 of the reserved certain parcels of land, including the garnished.
Civil Code on common carriers. Not all government subject portion herein, for the use of the Loakan GOVERNMENT
SUABILITY NOTE: Funds belonging to government corporations,
entities, whether corporate or non-corporate, are Airport. They asserted that RTC did not have any AGENCIES
immune from suits. Immunity from suit is determined by jurisdiction to entertain the action without the which can sue and be sued and are deposited with a
the character of the objects for which the entity is State’s consent. The RTC and CA dismissed the Incorporated Test of suability is stated in their bank, can be garnished. (PNB v. Pabalan, G.R. No. L-
organized. When the government enters into a petition. Can the ATO be sued without the State’s agencies charters. If its charter says so, it 33112, June 15, 1978)
commercial business, it abandons its sovereign capacity consent? is suable.
and is to be treated like any other corporation. In this If the local legislative authority refuses to enact a law
case, the State divested itself of its sovereign capacity A: YES. An unincorporated government agency without Unincorporated Suable if the nature of their acts appropriating the money judgment rendered by the
when it organized the PNR which is no different from its any separate juridical personality of its own enjoys government is proprietary court, the winning party may file a petition for
predecessors, the Manila Railroad Company. (Malang v. immunity from suit because it is invested with an agencies mandamus to compel the legislative authority to enact a
PNRC, G.R. No. L-49930, Aug. 7, 1985) inherent power of sovereignty. However, the need to law. (Municipality of Makati v. CA, G.R. Nos. 89898-99, Oct.
--- distinguish between an unincorporated government Instances when a public officer may be sued without 1, 1990)
agency performing governmental function and one the State’s consent
Unincorporated government agency performing performing proprietary functions has arisen. The The government cannot be made to pay interest in
governmental function vs. one performing juridical character of ATO is an agency of the 1. To compel him to do an act required by law; money judgments against it, except in the following
proprietary functions government without performing a purely governmental 2. To restrain him from enforcing an act claimed to be instances
or sovereign function but is instead involved in the unconstitutional;
UNINCORPORATE UNINCORPORATED management and maintenance of the Loakan Airport, an 3. To compel payment of damages from an already 1. Exercise of the power of eminent domain
D GOVERNMENT GOVERNMENT activity that was not exclusive prerogative of the State in appropriated assurance fund or to refund tax over- 2. Erroneous collection of taxes
AGENCY AGENCY its sovereign capacity. Hence, the ATO had no claim to payments from a fund already available for the 3. Where government agrees to pay interest pursuant
BASIS the State immunity from suit. The obligation of ATO to purpose; to law
PERFORMING PERFORMING
GOVERNMENTAL PROPRIETARY Spouses Ramos might be enforced against CAAP. (Air 4. To secure a judgment that the officer impleaded
FUNCTIONS FUNCTIONS Transportation Office v. Sps. David, G.R. No. 159402, Feb. may satisfy the judgment by himself without the ---
23, 2011) State having to do a positive act to assist him; or Q: K-Pau Cruz filed an action directly in court against
Immunity has Immunity has not --- 5. Where the government itself has violated its own the government seeking payment for a parcel of land
been upheld in its been upheld in its laws because the doctrine of State immunity which the national government utilized for a road
favor because its favor whose Suability vs. Liability of the State cannot be used to perpetrate an injustice. widening project. Can the government invoke the
function is function was not in doctrine of non-suitability of the state?
governmental or pursuit of a BASIS SUABILITY LIABILITY NOTE: The true test in determining whether a suit
incidental to such necessary function against a public officer is a suit against the State is that, if A: NO. When the government expropriates property for
Definition function. of government but Depends on the Depends on the a public officer or agency is sued and made liable, the public use without paying just compensation, it cannot
was essentially a As to basis consent of the applicable law State will have to perform an affirmative act of invoke its immunity from suit. Otherwise, the right
business. (Air State to be sued and the appropriating the needed amount to satisfy the guaranteed in Sec. 9, Art. III of the 1987 Constitution that
Transportation established facts judgment. If the State will have to do so, then, it is a suit private property shall not be taken for public use
Office v. Sps. David, against the State. without just compensation will be rendered nugatory.
G.R. No. 159402, Feb. The circumstance The State can (Ministerio v. CFI, G.R. No. L-31635, Aug. 31, 1971)
23, 2011) As a that a State is never be held GR: Suit must be regarded as one against the state where ---
consequence suable does not liable if it is not the satisfaction of the judgment against the public official ---
Implications of the phrase “waiver of immunity by of another necessarily mean suable. concerned will require the state to perform a positive Q: Sps. Benigno sought to register their lot. The RTC
the State does not mean a concession of its liability that it is liable. act, such as appropriation of the amount necessary to granted their petition. Arguing that the lot is
pay the damages awarded to the plaintiff. inalienable, the Republic, through the OSG, appealed
When the State gives its consent to be sued, all it does Rule on the liabilities of the following: before the CA but moved four times to extend the
is to give the other party an opportunity to show that XPNs: period for filing its appellant’s brief. CA dismissed
the State is liable. Accordingly, the phrase that “waiver of 1. Public officers– By their acts without or in excess of 1. The public official is charged in his official capacity the OSG’s appeal. The OSG filed its brief after moving
immunity by the State does not mean a concession of jurisdiction: any injury caused by him is his own for acts that are unlawful and injurious to the to reconsider the CA’s denial of its appeal. However,
liability” means that by consenting to be sued, the State personal liability and cannot be imputed to the rights of others. Public officials are not exempt, in CA stood its ground on its original decision. Does the
does not necessarily admit that it is liable. State. their personal capacity, from liability arising from OSG’s failure to file the Republic’s appeal brief bind
2. Government agencies– Establish whether or not the acts committed in bad faith; or the State?
In such a case, the State is merely giving the plaintiff a State, as principal which may ultimately be held 2. The public official is clearly being sued not in his
chance to prove that the State is liable but the State liable, has given its consent. official capacity but in his personal capacity, A: NO. As a matter of doctrine, illegal acts of government
retains the right to raise all lawful defenses. (Philippine 3. Government– Doctrine of State immunity is although the acts complained of may have been agents do not bind the State, and the Government is
Rock Industries, Inc. v. Board of Liquidators, G.R. No. available. committed while he occupied a public position. never estopped from questioning the acts of its officials,
84992, Dec. 15, 1989) (Lansang v. CA, G.R. No. 102667, Feb. 23, 2000) more so if they are erroneous, let alone irregular. This
principle applies in land registration cases. Certainly, the
--- Garnishment of government funds State will not be allowed to abdicate its authority over
Q: Spouses David and Elisea Ramos discovered that a lands of the public domain just because its agents and
portion of their land in Baguio City was being used as GR: Whether the money is deposited by way of general officers have been negligent in the performance of their
part of the runway and running shoulder of the or special deposit, they remain government funds and duties. (Republic v. Sps. Benigno, G.R. No. 205492, March
Loakan Airport being operated by Air are not subject to garnishment. 11, 2015)
Transportation Office (ATO). The Spouses Ramos ---
agreed to convey the affected portion by deed of sale XPN: Where a law or ordinance has been enacted
to the ATO for consideration, which ATO failed to appropriating a specific amount to pay a valid GENERAL PRINCIPLES AND STATE POLICIES
pay. In an action for collection of money against ATO,

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FACULTY OF CIVIL LAW
GENERAL CONSIDERATIONS – GENERAL PRINCIPLES AND STATE POLICIES POLITICAL LAW
Doctrine of Constitutional Supremacy contaminated by the dumpsite operations. Then, Mandate on educational institutions. [1987
NOTE: Even though the legislature can declare an LLDA, under RA 4850, issued a “cease and desist” Constitution, Art. XIV, Sec. 3(4)]
Under this doctrine, if a law or contract violates any existence of war and enact measures to support it, the order against the City Government to completely
norm of the Constitution, that law or contract, whether actual power to engage in war is lodged, nonetheless, in stop the dumping of any form or kind of waste Priority to research and development, invention,
promulgated by the legislative or by the executive the executive. matter to the dumpsite. Does the LLDA have the innovation of science and technology. (1987
branch or entered into by private persons for private power and authority to issue a “cease and desist” Constitution, Art. XIV, Sec. 10)
purposes, is null and void and without any force and Independent Foreign Policy and a nuclear-free order under RA 4850 enjoining the dumping of
effect. Since the Constitution is the fundamental, Philippines garbage in Taguig City? Incentives, tax deductions, and scholarships to
paramount and supreme law of the nation, it is deemed encourage private participation in programs of basic
written in every statute and contract. (Manila Prince The State shall pursue an independent foreign policy. In A: YES. In the exercise, therefore, of its express powers and applied scientific research. (1987 Constitution,
Hotel v GSIS, G.R. No. 122156, Feb. 3, 1997) its relations with other states, the paramount under its charter as a regulatory and quasi-judicial body Art. XIV, Sec. 11)
consideration shall be national sovereignty, territorial with respect to pollution cases in the Laguna Lake
Republican State (1996 Bar) integrity, national interest, and the right to self- region, the authority of the LLDA to issue a “cease and Encouragement of widest participation of private
determination. (1987 Constitution, Art. 2, Sec. 7) desist” order is implied and need not necessarily be groups, local governments, and organizations in the
A state wherein all government authority emanates from express. Moreover, the immediate response to the generation and utilization of science and technology.
the people and is exercised by representatives chosen by The Philippines, consistent with the national interest, demands of "the necessities of protecting vital public (1987 Constitution, Art. XIV, Sec. 12)
the people. (Dissenting Opinion of Justice Puno, Tolentino adopts and pursues a policy of freedom from nuclear interests" gives vitality to the statement on ecology
v. COMELEC, G.R. No. 148334, Jan. 21, 2004) weapons in its territory. (1987 Constitution, Art. II, Sec. 8) embodied in Art. II, Sec. 16 of the Constitution which Constitutional provision on transparency in matters
provides: The State shall protect and advance the right of of public concern (2000 Bar)
Manifestations of Republicanism NOTE: This pertains to use of nuclear weapons and not the people to a balanced and healthful ecology in accord
nuclear source of energy. with the rhythm and harmony of nature. As a The 1987 Constitution provides for a policy of
1. Ours is a government of laws and not of men. constitutionally guaranteed right of every person, it transparency in matters of public interest:
2. Rule of Majority (Plurality in elections) All existing treaties or international agreements which carries the correlative duty of non-impairment. Hence,
3. Accountability of public officials have not been ratified shall not be renewed or extended the issuance of the cease and desist order by the LLDA is 1. Policy of full public disclosure of government
4. Bill of Rights without the concurrence of at least two-thirds of all the a proper exercise of its power and authority under its transactions. (1987 Constitution, Art. II, Sec. 28)
5. Legislature cannot pass irrepealable laws Members of the Senate. (1987 Constitution, Art. XVIII, Sec. charter and in consonance with the declared policy of the 2. Right to information on matters of public concern.
6. Separation of powers 4) state to protect and promote the right to health of the (1987 Constitution, Art. III, Sec. 7)
people and instill health consciousness among them. 3. Access to the records and books of account of the
NOTE: The Philippines is not only a representative or After the expiration in 1991 of the Agreement between (Laguna Lake Development Authority v. CA, G.R. No. Congress. (1987 Constitution, Art. VI, Sec. 20) (2000
republican state but also shares some aspects of direct the Republic of the Philippines and the United States of 110120, March 16, 1994) Bar)
democracy such as initiative and referendum. America concerning military bases, foreign military --- 4. Submission of Statement of Assets, Liabilities, and
bases, troops, or facilities shall not be allowed in the Net worth. (1987 Constitution, Art. XI, Sec. 17)
Constitutional Authoritarianism Philippines except under a treaty duly concurred in by 3. The symbols of statehood – Flag of the Philippines. 5. Access to information on foreign loans obtained or
the Senate and, when the Congress so requires, ratified (1987 Constitution, Art. XVI, Sec. 1) guaranteed by the government. (1987 Constitution,
As understood and practiced in the Marcos regime under by a majority of the votes cast by the people in a national Art. XII, Sec. 21)
the 1973 constitution, it is the assumption of referendum held for that purpose, and recognized as a Name of the country, National Anthem, and National
extraordinary powers by the President including treaty by the other contracting State. (1987 Constitution, Seal. (1987 Constitution, Art. XVI, Sec. 2) NOTE: These provisions on public disclosures are
legislative and judicial and even constituent powers. Art. XVIII, Sec. 25) intended to enhance the role of the citizenry in
4. Cultural minorities – Recognition and Promotion of governmental decision-making as well as in checking
Compatibility of constitutional authoritarianism Policies of the State on the following: Rights of Indigenous Cultural Communities. (1987 abuse in government. (Valmonte v. Belmonte, G.R. No.
with a republican state Constitution, Art. II, Sec. 22) (1994, 1996 Bar) 74930, Feb. 13, 1989)
1. Working women – 1987 Constitution, Sec. 14, Art.
Constitutional authoritarianism is compatible with a XIII: "The State shall protect working women by Protection of Ancestral Lands of Indigenous Doctrine of Incorporation vs. Doctrine of
republican state if the Constitution upon which the providing safe and healthful working conditions, Communities. (1987 Constitution, Art. XII, Sec. 5) Transformation
Executive bases his assumption of power is a legitimate taking into account their maternal functions, and
expression of the people’s will and if the Executive who such facilities and opportunities that will enhance Application of Principles of Agrarian Reform and DOCTRINE OF DOCTRINE OF
Stewardship to Indigenous Communities and BASIS
assumes power received his office through a valid their welfare and enable them to realize their full INCORPORATION TRANSFORMATION
election by the people. potential in the service of the nation." Landless Farmers. (1987 Constitution, Art. XIII, Sec.
2. Ecology – 1987 Constitution, Sec. 16, Art. II: “The 65) Rules of Generally accepted
State policy on war (1992, 1997, 2000, 2003 Bar) State shall protect and advance the right of the International Law rules of
people and their posterity to a balanced and Preservation and Development of the Culture, form part of the international law
The State renounces war as an instrument of national healthful ecology in accord with the rhythm and Traditions, and Institutions of Indigenous law of the land and are not per se
policy. (1987 Constitution, Art. II, Sec. 2) harmony of nature." Communities. (1987 Constitution, Art. XIV, Sec. 17) no legislative binding upon the
action is required State but must first
NOTE: The Philippines does not renounce defensive war --- 5. Science and technology – Priority to Education, to make them be embodied in
because it is duty bound to defend its citizens. Under the Q: The residents of Taguig City brought a complaint Science and Technology, Arts, Culture, and Sports. applicable in a legislation enacted
(1987 Constitution, Art. II, Sec. 17) (1992, 1994 Bar) Definition country. Thus, the by the lawmaking
Constitution, the prime duty of the government is to before Laguna Lake Development Authority (LLDA)
serve and protect the people. about an open garbage dumpsite in their city and Philippines is body and so
sought its closure due to its harmful effects on health Development of national talents consisting of bound by transformed into
Voting requirements to declare the existence of a and the pollution it brings to the lake. Upon Filipino scientists, entrepreneurs, professionals, generally accepted municipal law.
state of war investigation, LLDA discovered that the Taguig City managers, high-level technical manpower and principles of
Government has been maintaining the said dumpsite skilled workers and craftsmen. (1987 Constitution, international law,
1. 2/3 vote of both Houses without an Environmental Compliance Certificate Art. XII, Sec. 14) which are
2. In joint session from the Environmental Management Bureau of the considered to be
3. Voting separately DENR, and also found the water to have been directly automatically part

UNIVERSITY OF SANTO TOMAS UNIVERSITY OF SANTO TOMAS


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FACULTY OF CIVIL LAW
GENERAL CONSIDERATIONS – GENERAL PRINCIPLES AND STATE POLICIES POLITICAL LAW
of our own laws. against foreign Separation of Church and State 3. Art. XIV, Sec. 3[3]: “At the option expressed in
invasion. writing by the parents or guardians, religion
NOTE: The fact that the international law has been made Provisions of the Constitution that support the shall be allowed to be taught to their children
part of the law of the land does not by any means imply (Lee Hong Hok v. David, G.R. No. L-30389, Dec. 27, 1972) principle of separation of Church and State: or wards in public elementary and high schools
the primacy of international law over national law in the within the regular class hours by instructors
municipal sphere. (Philip Morris, Inc. v. CA, G.R. No. 91332, Sovereignty is deemed absolute, subject to 1. Art. III, Sec. 5: “No law shall be made respecting an designated or approved by the religious
July 16, 1993) restrictions and limitations establishment of religion, or prohibiting the free authorities of the religion to which the children
exercise thereof. The free exercise and enjoyment or wards belong, without additional cost to the
Enforceability in the Philippines of Final Judgments While sovereignty has traditionally been deemed of religious profession and worship, without Government.”
of Foreign Courts absolute and all-encompassing on the domestic level, it is discrimination or preference, shall forever be 4. Art. XIV, Sec. 4[2]: “Educational institutions,
however subject to restrictions and limitations allowed. No religious test shall be required for the other than those established by religious
We can only recognize and/or enforce a foreign voluntarily agreed to by the Philippines, expressly or exercise of civil or political rights.” groups and mission boards, shall be owned
judgment or order after a conclusive and a final finding impliedly as a member of the family of nations. 2. Art. VI, Sec. 5[2]: “The party-list representatives solely by citizens of the Philippines or
by Philippine courts that: shall constitute twenty per centum of the total corporations or associations at least sixty per
1. the foreign court or tribunal has jurisdiction By the doctrine of incorporation, the country is bound by number of representatives including those under centum of the capital of which is owned by such
over the case, generally accepted principles of international law, which the party list. For three consecutive terms after the citizens. The Congress may, however, require
2. the parties were properly notified, and are considered to be automatically part of our own laws. ratification of this Constitution, one-half of the increased Filipino equity participation in all
3. there was no collusion, fraud, or clear mistake (Tañada v. Angara, G.R. No. 118295, May 2, 1997) allocated to party-list representatives shall be educational institutions.”
of law or fact. filled, as provided by law, by selection or election
(Republic v. Mupas, G.R. No. 181892, Sept. 8, 2015) Constitutional provisions which ensure civilian from the labor, peasant, urban poor, indigenous Theories on the separation of church and state:
supremacy cultural communities, women, youth, and such
It is an established international legal principle that final other sections as may be provided by law, except 1. Separation Standard - May take the form of either
judgments of foreign courts of competent jurisdiction are 1. By the installation of the President, the highest the religious sector. (a) strict separation or (b) the tamer version
reciprocally respected and rendered efficacious subject civilian authority, as the commander-in-chief of all 3. Art. IX-CI, Sec. 2[5]: “Register, after sufficient of strict neutrality, or what Justice Carpio refers to
to certain conditions that vary in different countries. In the armed forces of the Philippines. (1987 publication, political parties, organizations, or as the second theory of governmental neutrality.
the Philippines, a judgment or final order of a foreign Constitution, Art. VII, Sec. 18). coalitions which, in addition to other a. Strict Separationist – The establishment clause
tribunal cannot be enforced simply by execution. Such 2. Through the requirement that members of the AFP requirements, must present their platform or was meant to protect the State from the church,
judgment or order merely creates a right of action, and swear to uphold and defend the Constitution, program of government; and accredit citizens' and the State’s hostility towards religion allows
its non-satisfaction is the cause of action by which a suit which is the fundamental law of a civil arms of the Commission on Elections. Religious no interaction between the two.
can be brought upon for its enforcement. (BPI v. government. (1987 Constitution, Art. XVI, Sec. 5, denominations and sects shall not be registered. b. Strict Neutrality Approach – It is not hostility
Guevarra, G.R. No. 167052, March 11, 2015) Par. 1) Those which seek to achieve their goals through towards religion, but a strict holding that
violence or unlawful means, or refuse to uphold religion may not be used as a basis for
Sovereignty NOTE: By civilian supremacy, it is meant that civilian and adhere to this Constitution, or which are classification for purposes of governmental
authority is, at all times, supreme over the military. supported by any foreign government shall action, whether the action confers rights or
Supreme and uncontrollable power inherent in a State (2003, 2006, 2009 Bar) likewise be refused registration. Financial privileges or imposes duties or obligations.
by which the State is governed. contributions from foreign governments and their Only secular criteria may be the basis of
Mandatory rendition of military services to defend agencies to political parties, organizations, government action. It does not permit; much
Characteristics of Sovereignty the State (1995 Bar) coalitions, or candidates related to elections, less require accommodation of secular
constitute interference in national affairs, and, programs to religious belief.
1. Permanent; One cannot avoid compulsory military service by when accepted, shall be an additional ground for 2. Benevolent Neutrality Approach (2016 Bar)– The
2. Exclusive; invoking one’s religious convictions or by saying that he the cancellation of their registration with the “wall of separation” is meant to protect the church
3. Comprehensive; has a sick father and several brothers and sisters to Commission, in addition to other penalties that from the State. It believes that with respect to
4. Absolute; support. Accordingly, the duty of government to defend may be prescribed by law.” governmental actions, accommodation of religion
5. Indivisible; the State cannot be performed except through an army. may be allowed, not to promote the government’s
6. Inalienable; and To leave the organization of an army to the will of the XPNs to the principle are the following provisions of favored form of religion, but to allow individuals
7. Imprescriptible (Laurel v. Misa, G.R. No. L-409, Jan. citizens would be to make this duty to the Government the Constitution: and groups to exercise their religion without
30, 1947) excusable should there be no sufficient men who 1. Art. VI, Sec. 28[3]: “Charitable institutions, hindrance. (Estrada v. Escritor, A.M. No. P-02-1651,
volunteer to enlist therein. The right of the Government churches and parsonages or convents June 22, 2006)
Sovereignty: Imperium vs. Dominium to require compulsory military service is a consequence appurtenant thereto, mosques, non-profit
of its duty to defend the State and is reciprocal with its cemeteries, and all lands, buildings, and NOTE: In the Philippine context, the Court categorically
duty to defend the life, liberty, and property of the improvements, actually, directly, and ruled that, “the Filipino people, in adopting the
BASIS IMPERIUM DOMINIUM
citizen. (People v. Zosa, G.R. No. L-45892-93, July 13, 1938) exclusively used for religious, charitable, or Constitution, manifested their adherence to the
educational purposes shall be exempt from benevolent neutrality approach that requires
The State’s Capacity of the taxation.” accommodations in interpreting the religion clauses”
authority to state to own or 2. Art. VI, Sec. 29[2]: “No public money or property (Estrada v. Escritor, ibid.).
govern as acquire property. shall be appropriated, applied, paid, or
embraced in the employed, directly or indirectly, for the use, Kinds of accommodation that result from free
Definition concept of benefit, or support of any sect, church, exercise claim
and sovereignty; denomination, sectarian institution, or system
Extent includes passing of religion, or of any priest, preacher, minister, 1. Mandatory – Those which are found to be
laws governing a or other religious teacher, or dignitary as such, constitutionally compelled, i.e. required by the Free
territory, except when such priest, preacher, minister, or Exercise Clause;
maintaining peace dignitary is assigned to the armed forces, or to 2. Permissive – Those which are discretionary or
and order over it, any penal institution, or government legislative, i.e. not required by the Free Exercise
and defeating it orphanage or leprosarium.” (1992, 1997 Bar) Clause; and

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FACULTY OF CIVIL LAW
GENERAL CONSIDERATIONS – SEPARATION OF POWERS POLITICAL LAW
3. Prohibited – Those which are prohibited by the irreparable error or abuse in its exercise to the then admitted to the Witness Protection Program of Philippine Truth Commission, G.R. No. 192935, 7 December
religion clauses. detriment of republican institutions. The purpose was the DOJ. Petitioner Andal Ampatuan, Jr., one of the 2010, Bersamin, J. separate opinion)
not to avoid friction, but, by means of the inevitable principal suspects, wrote to respondent Secretary of ---
NOTE: Based on the foregoing, and after holding that the friction incident to the distribution of governmental Justice De Lima and Asst. Chief State Prosecutor
Philippine Constitution upholds the Benevolent powers among the three departments, to save the people Fadullon, requesting that Dalandag be included in Principle of Blending of Powers
Neutrality Doctrine which allows for accommodation, from autocracy. the information for murder considering he already
the Court laid down the rule that in dealing with cases confessed his participation in the massacre. Refers to an instance when powers are not confined
involving purely conduct based on religious belief, it Powers vested in the three branches of government Respondent refused. Petitioner Ampatuan then filed exclusively within one department but are assigned to or
shall adopt the Strict-Compelling State interest test a petition for mandamus. May the respondents be shared by several departments.
because it is most in line with the benevolent neutrality- EXECUTIVE LEGISLATIVE JUDICIARY compelled by the writ of mandamus to charge
accommodation. Implementation Dalandag as an accused for multiple murder in Examples of the Blending of Powers
Making of laws Interpretation of relation to the Maguindanao massacre even if he is
of laws
Difference between Mandatory accommodation, and power of the laws (Power of under the Witness Protection Program? a. Power of appointment which can be exercised by
(Power of the
Permissive accommodation and Prohibited purse judicial review) each department and be rightfully exercised by
sword)
accommodation A: NO. Consistent with the principle of separation of each department over its own administrative
NOTE: Legislative power is given to the legislature powers enshrined in the Constitution, the Court deems it personnel;
MANDATORY PERMISSIVE PROHIBITED whose members hold office for a fixed term (Sec. 1, Art. a sound judicial policy not to interfere in the conduct of b. General Appropriations Law – President prepares
ACCOMMODATIO ACCOMODATIO ACCOMMODATIO VI); Executive power is given to a separate Executive preliminary investigations, and to allow the Executive the budget which serves as the basis of the bill
N N N who holds office for a fixed term (Sec. 1, Art. VII); and Department, through the Department of Justice, adopted by Congress;
Judicial power is held by an independent Judiciary. (Sec. exclusively to determine what constitutes sufficient c. Amnesty granted by the President requires the
Basis and Action Taken
1, Art. VIII) evidence to establish probable cause for the prosecution concurrence of the majority of all the members of
Based on the Means that the Results when the of supposed offenders. By way of exception, however, the Congress; and
premise that state may, but Court finds no judicial review may be allowed where it is clearly d. Power of the COMELEC to deputize law-
when religious is not required basis for a ---
Q: A group of losing litigants in a case decided by the established that the public prosecutor committed grave enforcement agencies and instrumentalities of the
conscience to, mandatory abuse of discretion, that is, when he has exercised his government for the purpose of ensuring free,
conflicts with a accommodate accommodation, SC filed a complaint before the Ombudsman charging
the Justices with knowingly and deliberately discretion “in an arbitrary, capricious, whimsical or orderly, honest, peaceful and credible elections in
government religious or it determines despotic manner by reason of passion or personal accordance with the power granted to it by the
obligation or interests. that the rendering an unjust decision in utter violation of the
penal laws of the land. Can the Ombudsman validly hostility, patent and gross enough as to amount to an Constitution to enforce and administer all laws
prohibition, the legislative evasion of a positive duty or virtual refusal to perform a and regulations relative the conduct of elections.
government accommodation take cognizance of the case?
duty enjoined by law.” [Art. IX-C, Sec. 2(1)] (Concurring and Dissenting
sometimes may runs afoul of the Opinion of Justice Puno, Macalintal v. COMELEC,
have to give way. establishment or A: NO. Pursuant to the principle of separation of powers,
the correctness of the decisions of the SC as final arbiter Kenny Dalandag who admitted his participation in the G.R. No. 157013, July 10, 2003)
This the free exercise commission of the Maguindanao massacre was no
accommodation clause. In this of all justifiable disputes is conclusive upon all other
departments of the government; the Ombudsman has no hindrance to his admission into the Witness Protection ---
occurs when all case, the Court Program as a state witness, for all that was necessary Q: A provision in the 2014 General Appropriations
three conditions finds that power to review the decisions of the SC by entertaining a
complaint against the Justices of the SC for knowingly was for him to appear not the most guilty. Accordingly, Act (GAA) granted the legislators lump-sum
of the establishment he could not anymore be charged for his participation in allocations and gave them post-enactment measures,
compelling State concerns prevail rendering an unjust decision. (In re: Laureta, G.R. No. L-
68635, May 14, 1987) the Maguindanao massacre, as to which his admission such as project identification, execution and
interest test are over potential operated as an acquittal, unless he later on refuses or operation aspects of the identified projects. Is such
met. accommodation ---
--- fails to testify in accordance with the sworn statement provision violative of the principle of separation of
interests. that became the basis for his discharge against those powers?
Q: May the RTC or any court prohibit a committee of
the Senate like the Blue Ribbon Committee from now charged for the crimes. (Ampatuan, Jr., v. De Lima,
NOTE: The purpose of accommodations is to remove a G.R. No. 197291, April 3, 2013) A: YES. There is a violation of the principle when there is
requiring a person to appear before it when it is
burden on, or facilitate the exercise of, a person’s or --- impermissible (a) interference with and/or (b)
conducting investigation in aid of legislation?
institution’s religions. --- assumption of another department's functions.
A: NO. The RTC or any court may not do so because that Q: Pres. Benigno Aquino III signed E.O. No. 1
SEPARATION OF POWERS establishing the Philippine Truth Commission, a These post-enactment measures, which govern the areas
would be violative of the principle of separation of
powers. The principle essentially means that legislation special body to investigate reported cases of graft of project identification, fund release and fund
Doctrine of Separation of Powers (2003, 2009, 2010 belongs to Congress, execution to the Executive and and corruption allegedly committed during the realignment are not related to functions of congressional
Bar) settlement of legal controversies to the Judiciary. Each is Arroyo administration. Is E.O. No. 1 constitutional? oversight and, hence, allow legislators to intervene
prevented from invading the domain of the others. and/or assume duties that properly belong to the sphere
Legislation belongs to the Congress, implementation to (Senate Blue Ribbon Committee v. Majaducon, G.R. No. A: NO. The President has no power to create a public of budget execution. Legislators have been, in one form
the executive, and settlement of legal controversies and 136760, July 29, 2003) office, It is not shared by Congress with the President, or another, authorized to participate in "the various
adjudication of rights to the judiciary. Each is therefore --- until and unless Congress enacts legislation that operational aspects of budgeting” in violation of the
prevented from invading the domain of the others. --- delegates a part of the power to the President, or any separation of powers principle.
Q: The Panel of Prosecutors issued a joint resolution other officer or agency. It is already settled that the
Purposes of Separation of Powers based on the affidavits of Kenny Dalandag, charging President’s power of control can only mean the power of From the moment the law becomes effective, any
several individuals with multiple murder in relation an officer to alter, modify, or set aside what a provision of law that empowers Congress or any of its
1. Secure action; to the Maguindanao massacre. Kenny Dalandag was subordinate officer had done in the performance of his members to play any role in the implementation or
2. Forestall over-action; duties, and to substitute the judgment of the former for enforcement of the law violates the principle of
3. Prevent despotism; and that of the latter. As such, the creation by the President separation of powers and is thus unconstitutional. Any
4. Obtain efficiency. of a public office like the Truth Commission, without post-enactment congressional measure should be limited
either a provision of the Constitution or a proper law to scrutiny and investigation. Any action or step beyond
NOTE: To prevent the concentration of authority in one enacted by Congress authorizing such creation, is not an that will undermine the separation of powers
person or group of persons that might lead to act that the power of control includes. (Biraogo V. The

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GENERAL CONSIDERATIONS – CHECKS AND BALANCES, DELEGATION OF POWERS POLITICAL LAW
guaranteed by the Constitution. (Belgica v. Ochoa, G.R. in a manner that would give effect to their letter and Resolution No. 35 is a part of the Court’s exercise of its
No. 208566, Nov. 19, 2013) spirit, especially when the law is clear as to its intent and Judicial check on the other two branches discretionary authority to determine the manner the
--- purpose. Succinctly put, the Court should shy away from granted retirement privileges and benefits can be availed
--- encroaching upon the primary function of a co-equal It may declare (through the SC as the final arbiter) the of. (Re: COA Opinion on computation of the Appraised
Q: Amog was elected Congressman. Before the end of branch of the Government; otherwise, this would lead to acts of both the legislature and executive as Value of the Properties purchased by retired
her first year in office, she inflicted physical injuries an inexcusable breach of the doctrine of separation of unconstitutional or invalid so long as there is grave Chief/Associate Justices of the Supreme Court, A.M. No. 11-
on a colleague, Camille Gonzales, in the course of a powers by means of judicial legislation. (Corpuz v. People, 7-10-SC, July 31, 2012)
heated debate. Charges were filed in court against G.R. No. 180016, April 29, 2014) Test to determine whether a given power has been ---
her as well as in the House Ethics Committee. Later, --- validly exercised by a particular department:
the HoR, dividing along party lines, voted to expel DELEGATION OF POWERS
her. Claiming that her expulsion was railroaded and CHECKS AND BALANCES G.R.: Whether the power has been constitutionally
tainted by bribery, she filed a petition seeking a conferred upon the department claiming its exercise. Non-delegation of power
declaration by the SC that the House gravely abused Principle of Checks and Balances
its discretion and violated the Constitution. She XPN: Doctrine of Necessary Implication (2010 Bar) GR: A delegated power cannot be re-delegated.
prayed that her expulsion be annulled and that she Allows one department to resist encroachments upon its Exercise of the power may be justified in the absence of
should be restored by the Speaker to her position as prerogatives or to rectify mistakes or excesses an express conferment, because the grant of express NOTE: Delegated power constitutes not only a right but a
Congressman. Is Avi Amog’s petition before the committed by the other departments. power carried with it all other powers that may be duty to be performed by the delegate through the
Supreme Court justiciable? reasonably inferred from it. instrumentality of his own judgment and not through the
Executive check on the other two branches intervening mind of another.
A: NO. The petition is not justiciable because as stated in ---
Alejandrino v. Quezon, et al. (46 Phil. 83), the Supreme EXECUTIVE CHECK Q: An appropriations law granting the legislators XPNs: Permissible delegations: (PETAL)
Court held that it could not compel the Senate to lump-sum funds in which they have full discretion on 1. Delegation to the People through initiative and
Legislative Judiciary
reinstate a Senator who assaulted another Senator and what project it would fund and how much the project referendum. (1987 Constitution, Art. VI, Sec. 1)
- Through its power of pardon, it would cost, was passed. Is such law unconstitutional?
was suspended for disorderly behavior, because it could 2. Emergency powers delegated by Congress to the
may set aside the judgment of
not compel a separate and co-equal department to take Through its President. [1987 Constitution, Art. VI, Sec. 23(2)]
the judiciary. A: NO. The appropriations merely provide for a singular
any particular action. In Osmeña v. Pendatun (109 Phil. veto power
- Also by power of appointment lump-sum amount to be tapped as a source of funding for
863), it was held that the Supreme Court could not Requisites:
– power to appoint members of multiple purposes. It necessitates further determination
interfere with the suspension of a Congressman for a. There must be war or other national
the Judiciary. of both the actual amount to be expended and the actual
disorderly behavior, because the House of emergency;
Representatives is the judge of what constitutes purpose which must still be chosen from the multiple b. The delegation is for a limited period only;
disorderly behavior. The assault of a fellow Senator Legislative check on the other two branches purposes stated in the law, such appropriation law does c. Delegation is subject to restrictions as Congress
constitutes disorderly behavior. However, under Sec. 1, not indicate a "specific appropriation of money" and may prescribe; and
Art. VIII of the 1987 Constitution, the Supreme Court LEGISLATIVE CHECK hence, without a proper line-item which the President d. Emergency powers must be exercised to carry a
may inquire whether or not the decision to expel Executive Judiciary may veto. national policy declared by Congress.
AviAmog is tainted with grave abuse of discretion 3. Congress may delegate Tariff powers to the
amounting to lack or excess of jurisdiction. Revoke or amend the This setup connotes that the appropriation law leaves President [1987 Constituion, Art. VI, Sec. 28 (2)]
--- decisions by either: the actual amounts and purposes of the appropriation
--- - Enacting a new law for further determination and, therefore, does not NOTE: The Tariff and Customs Code is the enabling law
Override the veto of the - Amending the old law, readily indicate a discernible item which may be subject
Q: Paul Martin was convicted of estafa. When his case that grants such powers to the President. Power to
President giving it certain to the President’s power of item veto.
reached the Supreme Court, some Justices proposed impose tariffs in the first place is not inherent in the
to alter the penalties provided for under RPC on the definition and President but arises only from congressional grant.
basis of the ratio of P1.00 to P100.00, believing that interpretation different Also, the fact that individual legislators are given post-
it is not fair to apply the range of penalties, which from the old. enactment roles in the implementation of the budget 4. Delegation to Administrative bodies– Also known as
was based on the value of money in 1932, to crimes Impeachment of SC makes it difficult for them to become disinterested the power of subordinate legislation/ quasi-
Reject certain "observers" when scrutinizing, investigating or
committed at present. However, other justices members legislative powers.
appointments made by monitoring the implementation of the appropriation law.
opposed the said proposal for it amounts to judicial
the president To a certain extent, the conduct of oversight would be
legislation. Is the opposition correct? NOTE: Congress can only delegate rule-making power to
tainted as said legislators, who are vested with post- administrative agencies. It is the authority vested by
A: YES. The opposition is correct because the Court Define, prescribe, apportion enactment authority, would, in effect, be checking on Congress to the administrative bodies to “fill in the
cannot modify the said range of penalties because that Revoke the jurisdiction of lower courts: activities in which they themselves participate. (Belgica details” which Congress cannot provide due to lack of
would constitute judicial legislation. What the proclamation of martial - Prescribe the v. Ochoa, G.R. No. 208566, Nov. 19, 2013) opportunity or competence. This includes the making of
legislature's perceived failure in amending the penalties law or suspension of qualifications of lower --- supplementary rules and regulations. They have the
provided for in the said crimes cannot be remedied the privilege of the writ court judges --- force and effect of law.
through this Court's decisions, as that would be of habeas corpus - Impeachment Q: Can the Commission on Audit (COA) interfere with
encroaching upon the power of another branch of the - Determination of the manner of availing retirement privilege of 5. Delegation to Local Governments – the grant of
government. salaries of judges. Judiciary? authority to prescribe local regulations.
Impeachment Tests to determine whether the delegation of
Verily, the primordial duty of the Court is merely to A: NO. Any kind of interference on how retirement legislative power is valid (2005, 2016 Bar)
apply the law in such a way that it shall not usurp Determine the salaries privileges and benefits are exercised and availed of not
legislative powers by judicial legislation and that in the of the president or vice only violates the fiscal autonomy and independence of a. Completeness Test – The law must be complete in
course of such application or construction, it should not president the Judiciary, but also encroaches upon the all essential terms and conditions when it leaves
make or supervise legislation, or under the guise of constitutional duty and privilege of the Chief Justice and the legislature so that there will be nothing left
interpretation, modify, revise, amend, distort, remodel, the Supreme Court En Banc to manage the Judiciary’s
or rewrite the law, or give the law a construction which own affairs. The use of the formula provided in
is repugnant to its terms. The Court should apply the law Constitutional Fiscal Autonomy Group (CFAG) Joint

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2017 GOLDEN NOTES
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FACULTY OF CIVIL LAW
GENERAL CONSIDERATIONS – FORMS OF GOVERNMENT POLITICAL LAW
for the delegate to do when it reaches him except --- FORMS OF GOVERNMENT EDSA 1 vs. EDSA 2
to enforce it. Q: Rosalie Jaype-Garcia filed a petition before the
b. Sufficient Standard Test – fixes a standard, the RTC of Bacolod City for the issuance of a Temporary Classifications of government BASIS EDSA 1 EDSA 2
limits of which are sufficiently determinate or at Protection Order against her husband, Jesus Garcia,
least determinable to which the delegate must pursuant to RA 9262. She claimed to be a victim of 1. As to the centralization of control
conform in the performance of his functions. physical abuse and emotional, psychological, and Exercise of the Exercise of the
a. Unitary government – One in which the control people power people power of
(Defensor-Santiago v. COMELEC, G.R. No. 127325, economic violence. During the pendency of the civil of national and local, internal and external,
March 19, 1997) case, Jesus Garcia filed a petition before the SC, of revolution freedom of speech
affairs is exercised by the central or national which and freedom of
alleging that RA 9262 is unconstitutional because of government;
NOTE: The Sufficient Standard Test maps out the undue delegation of judicial power to barangay overthrew the assembly to
b. Federal government – One in which the powers whole petition the
boundaries of the delegate’s authority and indicating the officials by allowing them to issue a Barangay of the government are divided between two Nature
circumstances under which it is to be pursued and Protection Order. Is RA 9262 unconstitutional for government. government for
sets of organs, one for national affairs and the redress of
effected. Its purpose is to prevent total transference of undue delegation of judicial power to barangay other for local affairs, each organ being
legislative power. officials? grievances which
supreme within its own sphere; consists of only affected the
autonomous local government units merged office of the
Invalid delegation of legislative power A: NO. There is no undue delegation of judicial power to into a single State, with the national
barangay officials with respect to the authority to issue President.
government exercising a limited degree of
If there are gaps that will prevent its enforcement, the BPO. The BPO issued by the Punong Barangay or, in his power over the domestic affairs but generally
delegate is given the opportunity to step into the shoes unavailability, by any available Barangay Kagawad, full discretion of the external affairs of the
of the legislature and exercise discretion in order to merely orders the perpetrator to desist from (a) causing State. Extra- Intra-
repair the omissions. physical harm to the woman or her child; and (b) 2. As to the existence or absence of title and/or control constitutio constitutional.
threatening to cause the woman or her child physical a. De jure – Has a rightful title but no power or nal.
NOTE: This is tantamount to an abdication of power in harm. Such function of the Punong Barangay is, thus, control, One that is established of a legitimate Resignation of
favor of the delegate, which is in violation of the doctrine purely executive in nature, in pursuance of his duty sovereign. Legitimacy of sitting President
Constitu-
of separation of powers. under the Local Government Code to "enforce all laws b. De facto – Actually exercises power or control the new that it caused and
tionality
and ordinances," and to "maintain public order in the but without legal title (Lawyers League for a government succession of the
--- barangay." (Garcia v. Drilon, G.R. No. 179267, June 25, Better Philippines v. Aquino, G.R. No. 73748, May that resulted VP are subject to
Q: A law, which delegated some appropriation 2013) 22, 1986). cannot be the judicial review.
powers to the President, was passed. The law --- subject of
contains provisions such as “and for such other Kinds of de facto government judicial review.
purposes as may be hereafter directed by President’s authority to declare a state of national
the President” and “to finance the emergency vs. President’s authority to exercise i. De facto proper – Government that gets As to political legal question
priority infrastructure development projects and to emergency powers possession and control of, or usurps, by issue(s) question
finance the restoration of damaged or destroyed force or by the voice of the majority, the raised
facilities due to calamities, as may be directed DECLARE A EXERCISE rightful legal government and maintains
and authorized by the Office of the President of the STATE OF EMERGENCY POWERS itself against the will of the latter;
Philippines.” Are the provisions valid? BASIS
NATIONAL ii. Government of paramount force – Cory The oath that
EMERGENCY Established and maintained by military Aquino Arroyo took
A: NO. These provisions constitute an undue delegation forces who invade and occupy a territory governme at the EDSA
of legislative power insofar as it does not lay down a Granted by the Requires a of the enemy in the course of war; and nt was Shrine is the
sufficient standard to adequately determine the limits of Constitution, no delegation from iii. Independent government – Established by installed oath under
the President’s authority with respect to the purpose for legitimate Congress. (David v. the inhabitants of the country who rise in through a the 1987
which the law may be used (sufficient standard test). It Source of objection can GMA G.R. No. insurrection against the parent State (Co direct Constitution.
gives the President wide latitude to use the funds for any Authority be raised. 171396, May 3, Kim Cham v. Valdez Tan Keh, G.R. No. L- 5, exercise of In her oath,
other purpose he may direct and, thus, allows him 2006) Sept. 17, 1945) the power she
to unilaterally appropriate public funds beyond the NOTE: Not Source of of the categorically
purview of the law. mandatory on Authority Filipino swore to
Congress. people “in preserve and
The law does not supply a definition of “priority defiance defend the
infrastructure development projects” and hence, leaves of the 1987
the President without any guideline to construe the provisions Constitution.
same. Thus, the phrase “to finance the priority of the
infrastructure development projects”, being too 1973
broad, must be stricken down as unconstitutional since it Constituti
lies independently unfettered by any sufficient standard on, as
of the delegating law. (Belgica v. Ochoa, G.R. No. 208566, amended.”
Nov. 19, 2013)
---
Revolutio Not
As to
NOTE: Having established that the BSP Monetary Board nary in revolutionary
character
is indeed a quasi-judicial body exercising quasi-judicial character. in character.
functions, then its decision in MB Resolution No. 1139
cannot be the proper subject of declaratory relief. (MB v. (Estrada v. Desierto, G.R. Nos. 146710-15, March 2, 2001)
Philippine Veterans Bank, G. R. No. 189571, Jan. 21, 2015)

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LEGISLATIVE DEPARTMENT POLITICAL LAW
government is the power to dissolve the legislature vote of majority is generally sufficient to enact laws or (1993, 1999 Bar)
Constitutional provisions which guarantee People and call for new elections. approve acts. 1. Natural-born citizen of 1. Natural-born citizen of
Power the Philippines; the Philippines;
Functions of the Government In contrast, Sec. 1, Art. XVII of RA 9054 requires a vote of 2. At least 35 years of age 2. Except youth party-list
1. Guarantees the right of the people to peaceably no less than 2/3 of the Members of the House of on the day of election; representatives, at
assemble and petition the government for redress 1. Constituent – Mandatory for the government to Representatives and of the Senate, voting separately, in 3. Able to read and write; least 25 years of age
of grievances. (1987 Constitution, Art. III, Sec. 4) perform because they constitute the very bonds of order to effectively amend RA 9054. Clearly, this 4. A registered voter; on the day of election;
2. Requires Congress to pass a law allowing the society. requirement is higher than what the Constitution 5. Resident of the 3. Able to read and write;
people to directly propose and enact laws through 2. Ministrant – Intended to promote the welfare, requires for the passage of bills, and served to restrain Philippines for not less 4. Except the party-list
initiative and to approve or reject any act or law or progress and prosperity of the people. the plenary powers of Congress to amend, revise or than 2 years representatives, a
part of it passed by Congress or a local legislative repeal the laws it had passed. immediately preceding registered voter in the
body. (1987 Constitution, Art. VI, Sec. 32) NOTE: Distinction of function is no longer relevant the day of election. district in which he
a) Provides that the right of the people and because the Constitution obligates the State to promote While a supermajority is not a total ban against repeal, it shall be elected;
their organizations to participate at all social justice and has repudiated the laissez faire policy. is a limitation in excess of what the Constitution requires NOTE: Enumeration is 5. Resident thereof for a
levels of social, political, and economic (ACCFA v. Federation of Labor Unions, G.R. No. L-21484, on the passage of bills and is constitutionally obnoxious exclusive period of not less than
decision-making shall not be abridged and Nov. 29, 1969) because it significantly constricts the future legislators’ 1 year immediately
that the State shall, by law, facilitate the room for action and flexibility. (Abas Kida v. Senate, G.R. preceding the day of
establishment of adequate consultation No. 196271, Oct. 18, 2011) the election.
mechanisms. (1987 Constitution, Art. XIII, ---
Sec. 16) NOTE: Enumeration is
b) Provides that subject to the enactment of NOTE: Every legislative body may modify or abolish the exclusive.
an implementing law, the people may LEGISLATIVE DEPARTMENT acts passed by itself or its predecessors. This legislature
directly propose amendments to the cannot bind a future legislature to a particular mode of Term of office
Constitution through initiative. (1987 repeal. It cannot declare in advance the intent of (2001 Bar)
Constitution, Art. XVII, Sec. 2) WHO MAY EXERCISE LEGISLATIVE POWER subsequent legislatures or the effect of subsequent
Parliamentary government – There is fusion of both legislation upon existing statutes. (Abas Kida v. Senate, 6 years which shall 3 years, which shall begin,
executive and legislative powers in Parliament, although ibid.) commence, unless unless otherwise provided
The following may exercise legislative power
the actual exercise of the executive powers is vested in a otherwise provided by law, by law, at noon on the 30th
at noon on the 30th day of day of June next following
Prime Minister who is chosen by, and accountable to the 1. Congress
Classes of legislative power June next following their their election.
Parliament. 2. Regional/Local Government Units
election.
3. The People through initiative and referendum.
1. Original: Possessed by the people in their Term limit: Not more than 3
Essential characteristics of a parliamentary form of (2002 Bar)
sovereign capacity i.e. initiative and referendum. Term limit: Not more than 2 consecutive terms.
government 2. Delegated: Possessed by Congress and other consecutive terms.
Limitations on the legislative power of Congress
legislative bodies by virtue of the Constitution.
3. Constituent: The power to amend or revise the Disqualifications of members of Congress
1. Substantive: limitations on the content of laws.
c) The members of the governm Constitution.
2. Procedural: limitations on the manner of passing
3. As to the concentration of powers in a government 4. Ordinary: The power to pass ordinary laws. SENATE HOUSE OF
laws.
branch REPRESENTATIVES
3. Congress cannot pass irrepealable laws.
a. Presidential government– There is separation of HOUSES OF CONGRESS No Senator shall serve for
4. Congress, as a general rule, cannot delegate its
executive and legislative powers more than two (2) Shall not serve for more than
legislative power.
Composition of Congress consecutive terms. three (3) consecutive
NOTE: The principal identifying feature of a
XPN: See Delegation of Legislative Powers. Voluntary renunciation of terms. Voluntary
presidential form of government is the The Philippine Congress is bicameral in nature, composed the office for any length of renunciation of the office
separation of powers doctrine. In presidential
--- of: time shall not be for any length of time shall
system, the President is both the head of State
Q: Is the supermajority vote requirement under RA 1. Senate considered as an not be considered as an
and the head of government.
9054, the second Organic Act of ARMM which reset 2. House of Representatives interruption in the interruption in the
1. ent or cabinet or the executive arm are, as a rule,
the regular elections for the ARMM regional officials a. District representatives continuity of his service continuity of his service for
simultaneously members of the legislature;
to the second Monday of September 2001 b. Party-list representatives for the full term for which the full term for which he
2. The government or cabinet consisting of the
unconstitutional by giving it a character of an he was elected (Art. VI, was elected (Art. VI, Sec. 7).
political leaders of the majority party or of a Composition, qualifications, and term of office of Sec. 4). (2001 Bar)
irrepealable law?
coalition who are also members of the legislature, members of Congress
is in effect a committee of the legislature; One who has been declared by competent authority
A: YES. The supermajority (2/3) voting requirement
3. The government or cabinet has a pyramidal HOUSE OF as insane or incompetent
required under Sec. 1, Art. XVII of RA 9054 (second SENATE
structure at the apex of which is the Prime Minister REPRESENTATIVES
Organic Act of ARMM) has to be struck down for giving
or his equivalent; Composition One who has been sentenced by final judgment for:
said law the character of an irrepealable law by requiring
4. The government or cabinet remains in power only (SIR-18-M)
more than what the Constitution demands.
for so long as it enjoys the support of the majority 24 Senators (elected at Not more than 250 a. Subversion;
of the legislature; and large by qualified members, unless otherwise b. Insurrection;
Sec. 16(2), Art. VI of the Constitution provides that a
5. Both the government and the legislature are voters of the provided by law c. Rebellion;
“majority of each House shall constitute a quorum to do
possessed of control devices which each can Philippines as may be NOTE: Congress itself may d. Any offense for which he has been sentenced to a
business.” In other words, as long as majority of the
demand of the other immediate political provided by law) by law increase the penalty of not more than 18 months; or
members of the House of Representatives or the Senate
responsibility. In the hands of the legislature is the composition of the HoR e. A crime involving Moral turpitude, unless given
are present, these bodies have the quorum needed to
vote of non-confidence (censure) whereby plenary pardon o granted amnesty (BP 881, Sec. 12).
conduct business and hold session. Within a quorum, a
government may be ousted. In the hands of the Qualifications

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FACULTY OF CIVIL LAW
LEGISLATIVE DEPARTMENT POLITICAL LAW
Expulsion of members of Congress based on the list submitted a highly-urbanized city automatically creates a new
to the COMELEC. NOTE: When one of the municipalities of a congressional legislative district and, consequently, increases the
MEMBERS OF THE HOUSE district is converted to a city large enough to entitle it to membership of the HoR. (Mariano, Jr. v. COMELEC, G.R.
SENATORS
OF REPRESENTATIVES one legislative district, the incidental effect is the No. 118577, March 7, 1995)
Expulsion by the Senate splitting of district into two. The incidental arising of a
with the concurrence ofExpulsion by the House with As to vacancy
new district in this manner need not be preceded by a NOTE: The Constitution does not require a plebiscite for
2/3 of all its members the concurrence of 2/3 of census. (Tobias v. Abalos, G.R. No. L-114783, Dec. 8, 1994) the creation of a new legislative district by a legislative
(1987 Constitution, Art. all its members (1987 reapportionment. It is required only for the creation of
VI, Sec. 16, par. 3). Constitution, Art. VI, Sec. A special election may be A substitution will be made Essence of apportionment new local government units. (Bagabuyo v. COMELEC,
16, par. 3). held provided that the within the party, based on 2008) (2015 Bar)
vacancy takes place at the list submitted to the The underlying principle behind the rule for
NOTE: The Congress cannot validly amend or otherwise least 1 year before the COMELEC. apportionment is the concept of equality of Gerrymandering (2014 Bar)
modify these qualification standards, as it cannot next election. representation, which is a basic principle of
disregard, evade, or weaken the force of a constitutional republicanism. One man’s vote should carry as much Formation of one legislative district out of separate
mandate, or alter or enlarge the Constitution. (Social weight as the vote of every other man. territories for the purpose of favoring a candidate or a
Justice Society v. DDB and PDEA, G.R Nos. 157870, Effect of defeat in the election party. It is not allowed because the Constitution provides
158633, 161658, Nov. 3, 2008) NOTE: The question of the validity of an apportionment that each district shall comprise, as far as practicable,
law is a justiciable question. (Macia v. Comelec, G.R. No. L- contiguous, compact and adjacent territory.
Rule on voluntary renunciation of office A district representative A party-list representative 18684, Sept. 14, 1961)
is not prevented from cannot sit if he ran and lost PARTY-LIST SYSTEM
Voluntary renunciation of office for any length of time running again as a in the previous election. Conditions for apportionment
shall not be considered as an interruption in the district representative if Party-list system
continuity of his service for the full term for which he he lost in the previous 1. Elected from legislative districts which are
was elected. (1987 Constitution, Art. VI, Secs. 4 and 7) election. apportioned in accordance with the number of Mechanism of proportional representation in the
inhabitants of each area and on the basis of a election of representatives to the HoR from national,
Composition of the HoR (2002, 2007 Bar) uniform and progressive ratio. regional and sectoral parties or organizations or
Effect of change in party affiliation to the
2. Uniform– Every representative of Congress shall coalitions thereof registered with the COMELEC.
upcoming elections
DISTRICT PARTY-LIST represent a territorial unit with more or less a
REPRESENTATIVE REPRESENTATIVE population of 250,000. All the other NOTE: Party-list representatives shall constitute 20% of
A change in affiliation A change in affiliation representatives shall have the same or nearly the the total number of representatives in the HoR including
As to who will vote within months prior to within 6 months prior to same political constituency so much so that their those under the party list. (1987 Constitution, Art. VI, Sec.
election does not election prohibits the votes will constitute the popular majority. 5, par. 2) (2007 Bar)
prevent a district party-list representative 3. Progressive – It must respond to the change in
Elected by the Elected nationally (those representative from from listing as times. The number of House representatives must Purpose of the party-list system
constituents of his garnering at least 2% of all running under his new representative under his not be so big as to be unwieldy. (Let us say, there is
respective district. votes cast for the party-list party. new party or organization. a growth in population. The ratio may then be To make the marginalized and the underrepresented not
system are entitled to 1 seat, increased. From 250,000 constituents/1 merely passive recipients of the State’s benevolence, but
which is increased representative it may be reapportioned to 300, 000 active participants in the mainstream of representative
according to proportional DISTRICT REPRESENTATIVES AND QUESTIONS OF constituents/1 representative) democracy. (Ang Bagong Bayani v. COMELEC, G.R. No.
representation, but is in no APPORTIONMENT 4. Each city with a population of at least 250,000 or 147589, June 26, 2001)
way to exceed 3 seats per each province shall at least have one
organization.) District representatives representative. To democratize political power by giving political parties
GR: There must be proportional representation that cannot win in legislative district elections a chance
Those who are elected from legislative districts according to the number of their to win seats in the HoR. (Atong Paglaum v. COMELEC, G.R.
Residency requirement constituents/inhabitants. 203766, April 2, 2013)
apportioned among the provinces, cities and the
Metropolitan Manila area. XPN: In one city-one representative/one
province-one representative rule. Different parties under the party-list system
Must be a resident of his No special residency
Apportionment of legislative districts 5. Legislative districts shall be reapportioned by
legislative district for at requirement.
Congress within 3 years after the return of each No votes cast in favor of political party, organization or
least 1 year immediately
Legislative districts are apportioned among the census. (Senator Aquino III v. COMELEC, G.R. No. coalition shall be valid except for those registered under
before the election.
provinces, cities, and the Metropolitan Manila area. They 189793, April 7, 2010) the party-list system.
are apportioned in accordance with the number of their
Name in the ballot respect inhabitants and on the basis of a uniform and Manner of reapportionment 1. Political party– Organized group of citizens
progressive ratio. (1987 Constitution, Art. VI, Sec. 5) advocating ideology or platform, principles and
Reapportionment may be made thru a special law. The policies for the general conduct of government and
Elected personally, by Voted upon by party or Constitution did not preclude Congress from increasing which, as the most immediate means of securing
Each city with a population of at least 250,000 shall have
name. organization. its membership by passing a law, other than a general their adoption, regularly nominates and supports
at least one representative. Each province shall have at
reapportionment of the law. To hold that certain of its leaders and members as candidate in
least one representative.
reapportionment can only be made through a general public office. (Ang Bagong Bayani v. COMELEC and
Effect of change in party affiliation apportionment law, with a review of all the legislative Bayan Muna v. COMELEC, G.R. Nos. 147589 and
While Sec. 5(3) of Art. VI requires a city to have a
districts allotted to each local government unit 147613, June 26, 2001, June 26, 2001)
minimum population of 250,000 to be entitled to one
Does not lose seat Loses his seat, in which nationwide, would create an inequitable situation where 2. National party – Its constituency is spread over the
representative; it does not have to increase its
case he will be substituted a new city or province created by Congress will be geographical territory of at least a majority of
population by another 250,000 to be entitled to an
by another qualified person denied legislative representation for an indeterminate regions.
additional district. (Senator Aquino III v. COMELEC, G.R.
in the party or organization period of time. Thus, a law converting a municipality into
No. 189793, April 7, 2010)

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3. Regional party – Its constituency is spread over the organizations that represent the “marginalized and representative under his new party or organization.
geographical territory of at least a majority of the NOTE: Major political parties cannot participate in the underrepresented” or those representing parties (Amores v. HRET, Ibid.)
cities and provinces comprising the region. party-list elections since they neither lack “well-defined or organizations that lack “well-defined political
4. Sectoral party – Organized group of citizens political constituencies” nor represent “marginalized and constituencies” must belong to the sector they Vacancy in the seat reserved for party-list
belonging to any of the following sectors: labor, underrepresented” sectors. (Atong Paglaum v. COMELEC, respectively represent. representatives
peasant, fisherfolk, urban poor, indigenous, ibid.)
cultural communities, elderly, handicapped, 6. The nominees of SECTORAL parties or It shall be automatically occupied by the next
women, youth, veterans, overseas workers and However, the participation of major political parties may organizations that represent the “marginalized and representative from the list of nominees in the order
professionals, whose principal advocacy pertains be through their sectoral wings, a majority of whose underrepresented” or that represent those who submitted by the same party to the COMELEC and such
to the special interest and concerns of their members are “marginalized and underrepresented” or lack “well-defined political constituencies,” either representative shall serve for the unexpired term. If the
sectors. lacking in “well-defined political constituencies”. (Atong must belong to their respective sectors, or must list is exhausted, the party, organization, or coalition
5. Sectoral Organization – Refers to a group of Paglaum v. COMELEC, ibid.) have a track record of advocacy for their concerned shall submit additional nominees.
citizens who share similar physical attributes or respective sectors.
characteristics, employment, interest or concerns. Qualifications of party-list nominees Formula mandated by the Constitution in
6. Coalition – Refers to an aggregation of duly 7. The nominees of NATIONAL and REGIONAL parties determining the number of party-list
registered national, regional, sectoral parties or A party-list nominee must be a bona fide member of the or organizations must be bona-fide members of representatives
organizations for political and/or election party or organization which he or she seeks to represent. their respective parties or organizations.
purposes. In the case of sectoral parties, to be a bona fide party-list The number of seats available to party-list
nominee one must either belong to the sector 8. National, regional, and sectoral parties or representatives is based on the ratio of party-list
Composition of the party-list system represented, or have a track record of advocacy for such organizations shall not be disqualified if some of representatives to the total number of representatives.
sector. (Atong Paglaum v. COMELEC, ibid.) their nominees are disqualified, provided that they Accordingly, we compute the number of seats available
1. National parties or organizations have at least one nominee who remains to party-list representatives from the number of
2. Regional parties or organizations; and Guidelines in determining who may participate in qualified. (Ibid.) legislative districts.
3. Sectoral parties or organizations. the party-list elections
NOTE: It is the parties or organizations which are voted
National and regional parties or organizations are 1. Three different groups may participate: for, not their candidates. However, it is the party-list
Number of seats
different from sectoral parties or organizations. National a. National; representatives who are seated or elected into office, not
available to party-list
and regional parties or organizations need not be b. Regional; and their parties or organizations. (Abayon v. HRET, G.R. No.
representatives
organized along sectoral lines and need not represent c. Sectoral parties or organizations. 189466, Feb. 11, 2010) ( )
any particular sector.
2. National parties or organizations and regional Qualifications of a party-list nominee Simpler formula: No. of seats available to legislative
The party-list system is not solely for the benefit of parties or organizations do not need to organize districts DIVIDED BY 4
sectoral parties along sectoral lines and do not need to 1. Natural- born citizen of the Philippines;
represent any "marginalized and 2. Registered voter; The above formula allows the corresponding increase in
Sec. 5(1), Art. VI of the Constitution is crystal-clear that underrepresented" sector. 3. Resident of the Philippines for at least 1 year the number of seats available for party-list
there shall be “a party-list system of registered national, immediately preceding the day of the election; representatives whenever a legislative district is created
regional, and sectoral parties or organizations.” The 3. All political parties must register under the party- 4. Able to read and write; by law.
commas after the words “national (,)” and “regional (,)” list system and do not field candidates in 5. Bona fide member of the party or organization
separate national and regional parties from sectoral legislative district elections. which he seeks to represent at least 90 days After prescribing the ratio of the number of party-list
parties. Had the framers of the 1987 Constitution A political party, whether major or not, that preceding election day; and representatives to the total number of representatives,
intended national and regional parties to be at the same fields candidates in legislative district elections 6. At least 25 years of age. (For youth sector the Constitution left the manner of allocating the seats
time sectoral, they would have stated “national and can participate in party-list elections only nominees, at least 25 years and not more than 30 available to party-list representatives to the wisdom of
regional sectoral parties.” They did not, precisely through its sectoral wing that must years of age) the legislature. (BANAT v. COMELEC, G.R. No. 179271,
because it was never their intention to make the party- separately register under the party-list system. April 21, 2009)
list system exclusively sectoral. National and regional The sectoral wing is by itself an independent NOTE: There is absolutely nothing in RA 7941 that
parties are separate from sectoral parties and need not sectoral party; it is linked to a political party prohibits COMELEC from disclosing or even publishing Guidelines in the allocation of seats for party-list
be organized along sectoral lines nor represent any through a coalition. (2015 Bar) through any medium other than the “Certified List” the representatives under Sec. 11 of RA 7941 (2014 Bar)
particular sector. (Atong Paglaum v. COMELEC, G.R. No. names of the party-list nominees. As may be noted, no
203766, April 2, 2013) 4. Sectoral parties or organizations may either be national security or like concerns is involved in the 1. The parties, organizations, and coalitions shall be
“marginalized and underrepresented” or disclosure of the names of the party-list groups in ranked from the highest to the lowest based on the
National and Regional parties need not represent the lacking in “well-defined political question. (Bantay RA 7941 v. COMELEC, G.R. No. 177271, number of votes they garnered during the
“marginalized and underrepresented” sectors constituencies.” It is enough that their principal G.R. No. 177314, May 4, 2007) elections.
advocacy pertains to the special interests and 2. The parties, organizations, and coalitions receiving
To require all national and regional parties under the concerns of their sector. Effect of the change in affiliation of any party-list at least 2% of the total votes cast for the party-list
party-list system to represent the “marginalized and representative system shall be entitled to one guaranteed seat
underrepresented” is to deprive and exclude, by judicial NOTE: Those “marginalized and underrepresented” each.
fiat, ideology-based and cause-oriented parties from the include labor, peasant, fisherfolk, urban poor, Any elected party-list representative who changes his 3. Those garnering sufficient number of votes,
party-list system. To exclude them from the party-list indigenous cultural communities, handicapped, party-list group or sectoral affiliation during his term of according to the ranking in paragraph 1, shall be
system is to prevent them from joining the veterans, and overseas workers. (LUV-OF-HIP) office shall forfeit his seat. (Amores v. HRET, G.R. No. entitled to additional seats in proportion to their
parliamentary struggle, leaving as their only option 189600, June 29, 2010) total number of votes until all the additional seats
armed struggle. To exclude them from the party-list Those lacking in “well-defined political are allocated.
system is, apart from being obviously senseless, patently constituencies” include professionals, the elderly, NOTE: If he changes his political party or sectoral 4. Each party, organization, or coalition shall be
contrary to the clear intent and express wording of the women, and the youth. (PEWY) affiliation within 6 months before an election, he shall entitled to not more than 3 seats.
1987 Constitution and RA 7941. (Atong Paglaum v. not be eligible for nomination as party-list
COMELEC, ibid.) 5. A majority of the members of sectoral parties or

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NOTE: In computing the additional seats, the guaranteed enable them, as the people’s representatives, to perform offices of Senators and Representatives
seats shall no longer be included because they have Legislative Privilege the functions of their office without fear of being made
already been allocated at one seat each to every two- responsible before the courts or other forums outside 1. From “personally” appearing as counsel before any
percenter. Thus, the remaining available seats for Provides that no member shall be questioned or held the congressional hall. It is intended to protect members court of justice or before the Electoral Tribunals, or
allocation as “additional seats” are the maximum seats liable in any forum other than his respective of congress against government pressure and quasi-judicial or other administrative bodies (1987
reserved under the party-list system less the guaranteed Congressional body for any debate or speech in Congress intimidation aimed at influencing the decision-making Constitution, Art. VI, Sec. 14). (2004 Bar)
seats. Fractional seats are disregarded in the absence of or in any committee thereof. (1987 Constitution, Art. VI, prerogatives of Congress and its members. (Pobre v. Sen. 2. Upon assumption of office, all members of the
a provision in RA 7941 allowing for a rounding off of Sec. 11; Pobre v. Sen. Santiago, Aug. 25, 2009) Defensor-Santiago, A.C. No. 7399, Aug. 25, 2009) Senate and HoR must make a full disclosure of
fractional seats. (BANAT v. COMELEC, Ibid.) their financial and business interests. They shall
Limitations on Legislative Privilege Congress “in recess” notify the House concerned of a potential conflict
2% threshold as regards the allocation of additional in interest that may arise from the filing of a
seats is not valid anymore 1. Protection is only against the forum other than the If the recess was called for in between a regular or proposed legislation of which they are authors
Congress itself. Thus, for defamatory remarks, special session, the Congress is still considered in (1987 Constitution, Art. VI, Sec. 12). (2004, 2010
The Court strikes down the 2% threshold only in relation which are otherwise privileged, a member may be session. But if the recess was the 30-day compulsory Bar)
to the distribution of the additional seats as found in the sanctioned by either the Senate or the HoR, as the recess, Congress is not in session. (1987 Constitution,
2nd clause of Sec. 11(b) of RA 7941. The 2% threshold case may be. Art. VI, Sec. 15) Disqualifications attached to Senators and
presents an unwarranted obstacle to the full 2. The “speech or debate” must be made in Representatives and their applications
implementation of Sec. 5(2), Art. VI of the Constitution performance of their duties as members of Prohibitions attached to a legislator during his term
and prevents the attainment of the “broadest possible Congress. DISQUALIFICATION WHEN APPLICABLE
representation of party, sectoral or group interests in the INCOMPATIBLE OFFICE FORBIDDEN OFFICE Incompatible Office
House of Representatives” (BANAT v. COMELEC, Ibid.). Requirements for the privilege of speech and debate During his term
to operate
NOTE: The 2% threshold is constitutional only insofar as 1st sentence of Sec. 13, 2nd sentence of If he does so, he forfeits his
the determination of the guaranteed seat is concerned. 1. Remarks or comments are made while in session; Art.VI Sec. 13, Art. seat. (1987 Constitution, Art.
and VI VI, Sec. 13)
The Minero Ruling is erroneous 2. Must be made in connection with the discharge of
Forbidden Office If the office was created or
official duties Senator or any member of HoR the emoluments thereof
The Minero Ruling provides that a party list organization increased during the term
which does not participate in an election, necessarily Coverage of speech or debate for which he was elected.
gets, by default, less than 2% of the party-list votes. Said May not hold any other Cannot be appointed to any
(1987 Constitution, Art. VI,
ruling is an erroneous application of Sec. 6(8) of RA 7941 It includes utterances made by Congressmen in the office or employment in office which have been
Sec. 13)
[Party-List System Act]. performance of their official functions, such as speeches the Government, during created, or the emoluments
delivered, statements made, or votes cast in the halls of his term without thereof increased during the Cannot personally appear During his term of office.
Its basic defect lies in its characterization of the non- Congress, while the same is in session, as well as bills forfeiting his seat term for which he was as counsel before any (1987 Constitution, Art. VI,
participation of a party-list organization in an election as introduced in Congress, whether the same is in session elected court of justice, electoral Sec. 14)
similar to a failure to garner the 2% threshold party-list or not, and other acts performed by Congressmen, either tribunal, quasi-judicial
vote. in Congress or outside the premises housing its offices, in NOTE: After such term, and and administrative
the official discharge of their duties as members of even if he is re-elected, the bodies. (2004 Bar)
The Court cannot sustain PGBI’s delisting from the roster Congress and of Congressional Committees duly disqualification no longer
of registered parties, organizations or coalitions under authorized to perform its functions as such, at the time of applies and he may Cannot be financially During his term of office.
the party-list system. Clearly, the Court cannot allow the performance of the acts in question. (Jimenez v. therefore be appointed to interested, directly or (1987 Constitution, Art. VI,
PGBI to be prejudiced by the continuing validity of an Cabangbang, G.R. No. L-15905, Aug. 3, 1966) the office indirectly, in any contract Sec. 14)
erroneous ruling. Thus, the Court now abandons Minero with or in any franchise,
and strikes it out from our ruling case law. (PGB v. Purpose of legislative privilege or special privilege
COMELEC, G.R. No. 190529, April 29, 2010) granted by the
To ensure the effective discharge of functions of Government. (2004 Bar)
Automatically forfeits seat Even if he is willing to forfeit
LEGISLATIVE PRIVILEGES, INHIBITIONS AND Congress.
upon the member’s his seat, he may not be Cannot intervene in any When it is for his pecuniary
DISQUALIFICATIONS
assumption of such other appointed to said office matter before any office benefit or where he may be
NOTE: The purpose of the privilege is to ensure the
office of the Gov’t. (2004 Bar) called upon to act on
Immunity From Arrest effective discharge of functions of Congress. The Purpose: to prevent account of his office. (1987
privilege may be abused but it is said that such is not so XPN: holds other office in trafficking in public office. Constitution, Art. VI, Sec. 14)
Grants the legislators the privilege from arrest while damaging or detrimental as compared to the denial or ex-officio capacity
Congress is “in session” with respect to offenses withdrawal of such privilege.
QUORUM AND VOTING MAJORITIES
punishable by NOT more than 6 years of
imprisonment. (1987 Constitution, Art. VI, Sec. 11), The senator-lawyer’s privilege speech is not actionable More of an inhibition More of a prohibition
Quorum
whether or not he is attending the session. (People v. criminally or be subject to a disciplinary proceeding
Jalosjos, G.R. Nos. 132875-76, Feb. 3, 2000) under the Rules of Court. The Court, however, would be
Such number which enables a body to transact its
remiss in its duty if it let the Senator’s offensive and Rule on increase in salaries of members of Congress
business and gives such body the power to pass a law or
Purpose of Parliamentary Immunities disrespectful language that definitely tended to degrade
ordinance or any valid act that is binding.
the institution pass-by. It is imperative on the Court’s Increase in the salaries shall take effect after the
It is not for the benefit of the officials; rather, it is to part to re-instill in Senator/Atty. (Santiago) her duty to expiration of the full term of all the members of the
NOTE: In computing quorum, members who are outside
protect and support the rights of the people by ensuring respect courts of justice, especially this Tribunal, and Senate and the House of Representatives approving such
the country and, thus, outside of each House’s
that their representatives are doing their jobs according remind her anew that parliamentary non-accountability increase. (1987 Constitution, Art. VI, Sec. 10)
jurisdiction are not included. The basis for determining
to the dictates of their conscience and to ensure the thus granted to members of Congress is not to protect
the existence of a quorum in the Senate shall be the total
attendance of Congressman. them against prosecutions for their own benefit, but to Particular inhibitions attached to the respective
number of Senators who are within the coercive

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jurisdiction of the Senate. (Avelino v. Cuenco, G.R. No. L- after the vacancies (1987 Constitution, Art. VII, Sec. preliminary preventive measure and is not imposed
2821, March 4, 1949) Commission on Majority vote of all the
10) upon the petitioner for misbehavior as a member of
Appointments ruling members (1987
2. To decide on the disability of the President because Congress. (Santiago v. Sandiganbayan, G.R. No. 128055,
Effect if there is no quorum Constitution, Art. VI, Sec.
a majority of all the members of the cabinet have April 18, 2001)
18)
“disputed” his assertion that he is able to discharge
Each House may adjourn from day to day and may the powers and duties of his office (1987 Preventive suspension is not a penalty (2015 Bar)
Passing a law granting Majority of all the
compel the attendance of absent members in such Constitution, Art. VII, Sec. 11)
any tax exemption members of Congress
manner and under such penalties as each House may 3. To revoke or extend the Presidential Proclamation A court-ordered preventive suspension is a preventive
(1987 Constitution, Art. VI ,
provide. of Martial Law or suspension of the privilege of the measure that is different and distinct from the
Sec. 28, Par. 4)
writ of habeas corpus (1987 Constitution, Art. VII, suspension ordered by the HoR for disorderly behavior
NOTE: The members of the Congress cannot compel Sec. 18) which is a penalty. Such House-imposed sanction is
Instances when Congress votes other than majority
absent members to attend sessions if the reason of 4. Called by the President at any time when Congress intended to enforce discipline among its members.
absence is a legitimate one. The confinement of a is not in session (1987 Constitution, Art. VI, Sec. 15) (Paredes, Jr. v. Sandiganbayan, G.R. No. 118354, Aug. 8,
INSTANCES WHEN NUMBER OF VOTES
Congressman charged with a non-bailable offense is 5. To declare the existence of a state of war in a joint 1995)
CONGRESS VOTES REQUIRED
certainly authorized by law and has constitutional session, by vote of 2/3 of both Houses (1987
foundations. (People v. Jalosjos, G.R. No. 132875-76, Feb. 3, To suspend or expel a
2/3 of all its members Constitution, Art. VI, Sec. 23, par. 1) NOTE: The suspension under the Anti-Graft Law is
2000) member in accordance
(1987 Constitution, Art. 6. When the Congress acts as the Board of Canvassers mandatory, imposed not as a penalty but as a
with its rules and
VI, Sec. 16, Par. 3) for the Presidential and Vice-Presidential elections precautionary measure to prevent the accused public
Instances when the Constitution requires that the proceedings
(1987 Constitution, Art. VII, Sec. 4) officer from frustrating his prosecution. It is incidental to
yeas and nays of the Members be taken every time a To enter the Yeas and 1/5 of the members 7. During impeachment proceedings. (1987 the criminal proceedings before the court.
House has to vote Nays in the Journal present Constitution, Art. XI, Sec. 3, par. 4 and 6)
(1987 Constitution, Art. The House-imposed sanction on the other hand, is a
1. Upon the last and third readings of a bill (1987 VI, Sec. 16, Par. 4) Mandatory recess penalty for disorderly behavior.
Constitution, Art. VI, Sec. 26, par. 2);
2. At the request of 1/5 of the members present To declare the existence 2/3 of both houses in The 30-day period prescribed before the opening of the Thus, the order of suspension in the Anti-Graft Law is
(1987 Constitution, Art. VI, Sec. 16, par. 4); and of a state of war joint session voting next regular session, excluding Saturdays, Sundays, and distinct from the power of the Congress under the
3. In repassing a bill over the veto of the President. separately legal holidays. This is the minimum period of recess and Constitution to discipline its own ranks. (De Venecia Jr., v.
(1987 Constitution, Art. VI, Sec. 27, par. 1) (1987 Constitution, Art. may be lengthened by the Congress in its discretion. It Sandiganbayan, G.R. No. 130240, Feb. 5, 2002)
VI, Sec. 23) may, however, be called in special session at any time by
Instances when Congress is voting separately and the President. (1987 Constitution, Art. VI, Sec. 15) ELECTORAL TRIBUNAL
voting jointly Non-intervention of courts in the implementation of (1990, 1996, 1998, 2002, 2006 Bar)
the internal rules of Congress Rule on Adjournment
SEPARATE JOINT Composition of the Electoral Tribunal (ET)
Choosing the President When revoking or As part of their inherent power, Congress can determine Neither House during the sessions of the Congress shall,
in case of a tie (1987 extending the their own rules. Hence, the courts cannot intervene in without the consent of the other, adjourn for more than 3 1. 3 Supreme Court Justices designated by the Chief
Constitution, Art. VII, Sec. proclamation the implementation of these rules insofar as they affect days, nor to any other place than that in which the two Justice;
4) suspending the the members of Congress. (Osmeña v. Pendatun G.R. No L- Houses shall be sitting. (1987 Constitution, Art. VI, Sec. 16, 2. 6 members of the Chamber concerned (Senate or
17144, Oct. 28, 1960) par. 5) HoR) chosen on the basis of proportional
Determining President’s privilege of writ of
inability to discharge the habeas corpus (1987 representation from the political parties and
Elected officers of Congress Adjournment sine die parties registered under the party-list system.
powers and duties of his Constitution, Art. VII,
office (1987 Constitution, Sec. 18) (1987 Constitution, Art. VI, Sec. 17)
1. Senate President An interval between the session of one Congress and that
Art. VII, Sec. 11) When revoking or
2. Speaker of the House of another. NOTE: The senior Justice in the Electoral Tribunal shall
Confirming nomination extending the
of Vice-President (1987 declaration of martial 3. Such officers as deemed by each house to be be its chairman.
necessary DISCIPLINE OF MEMBERS
Constitution, Art. VII, Sec. law. (1987
9) Constitution, Art. VII, Jurisdiction of the ETs
Vote required in election of officers Disciplinary power of Congress
Declaring the existence Sec. 18)
of a state of war in joint Each electoral tribunal shall be the sole judge of all
Each house may punish its members for disorderly contests relating to the election, returns, and
session (1987 Majority vote of all respective members. (1987
behavior and, with concurrence of 2/3 of all its qualifications of their respective members (1987
Constitution, Art. VI, Sec. Constitution, Art. VI, Sec. 16, par. 1)
members, suspend, for not more than 60 days, or expel a Constitution, Art. VI, Sec. 17). This includes determining
23, Par. 1) member. (1987 Constitution, Art. VI, Sec. 16, par. 3)
Proposing Constitutional Regular session of Congress the validity or invalidity of a proclamation declaring a
(1993, 2002 Bar) particular candidate as the winner. Each ET is also
amendments. (1987
Congress convenes once every year on the 4 th Monday of vested with rule-making power. (Lazatin v. HRET, G.R.
Constitution, Art. XVII, Determination of disorderly behavior
July, unless otherwise provided for by law. It continues No. L-84297, Dec. 8, 1988)
Sec. 1)
in session for as long as it sees fit, until 30 days before
It is the prerogative of the House concerned and cannot NOTE: It is independent of the Houses of Congress and
Instances when Congress votes by majority the opening of the next regular session, excluding
be judicially reviewed. (Osmeña v. Pendatun, G.R. No. L- its decisions may be reviewed by the Supreme Court only
Saturdays, Sundays, and legal holidays. (1987
17144, Oct. 28, 1960) upon showing of grave abuse of discretion.
Constitution, Art. VI, Sec. 15) (1996 Bar)
INSTANCES WHEN NUMBER OF VOTES
CONGRESS VOTES REQUIRED NOTE: Members of Congress may also be suspended by Electoral contest
Instances when there are special sessions the Sandiganbayan or by the Office of the Ombudsman.
Elect the Senate
President or House of Majority vote of all its The suspension in the Constitution is different from the
respective members (1987 1. Due to vacancies in the offices of the President and Where a defeated candidate challenges the qualification
Representatives Speaker suspension prescribed in RA 3019 (Anti-Graft and and claims for himself the seat of the proclaimed winner.
Constitution, Art. VI , Sec. Vice President at 10 o’clock a.m. on the third day Corrupt Practices Act). The latter is not a penalty but a
16, Par. 1)

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In the absence of an election contest, ET is without be made (1) before the Speaker of the House of member of Congress. A party-list nominee must have
jurisdiction. Representatives, and (2) in open session. Here, although been, among others, a bona fide member of the party or Art. VI, Sec. 17 provides that the SET/HRET is the sole
she made the oath before Speaker Belmonte, there is no organization for at least ninety (90) days preceding the judge of all contests. Hence, from its decision, there is no
When the winning candidate is considered as indication that it was made during plenary or in open day of the election. Needless to say, bona fide appeal. Appeal is not a constitutional right but merely a
member of the Senate or HoR session and, thus, it remains unclear whether the membership in the party-list group is a continuing statutory right.
required oath of office was indeed complied with. (Reyes qualification x x x. Under Section 17, Article VI of the
Once he has: (POA) v. COMELEC, G.R. No. 207264, June 25, 2013) Constitution, the HRET is the sole judge of all contests Remedy from an adverse decision of the ET
1. been Proclaimed --- when it comes to qualifications of the members of the
2. taken his Oath; and House of Representatives. Consequently, the COMELEC A special civil action for certiorari under Rule 65 of the
Power of each House over its members in the failed to recognize that the issue on the validity of Rules of Court may be filed. This is based on grave abuse
NOTE: must be made: absence of election contest petitioner Lico's expulsion from Ating Koop is integral to of discretion amounting to lack or excess of jurisdiction.
a. Before the (Senate President or) Speaker of the the issue of his qualifications to sit in Congress. This shall be filed before the Supreme Court.
HoR, as the case may be; and The power of each House to expel its members or even to
b. In open session (Reyes v. COMELEC, G.R. No. defer their oath-taking until their qualifications are Our ruling here must be distinguished from Regina COMMISSION ON APPOINTMENTS
207264, June 25, 2013) determined may be exercised even without an election Ongsiako Reyes v. Commission on Elections. In Reyes, the (2002 Bar)
contest. petitioner was proclaimed winner of the 13 May 2013
3. Assumed office Elections, and took her oath of office before the Speaker Composition of the Commission on Appointments
--- of the House of Representatives. However, the Court (CA)
NOTE: The term of office of a Member of the House of Q: Imelda ran for HoR. A disqualification case was ruled on her qualifications since she was not yet a
Representatives begins only “at noon on the thirtieth day filed against her on account of her residence. The member of the House of Representatives: petitioner 1. Senate President as ex-officio chairman
of June next following their election.” case was not resolved before the election. Imelda Reyes had yet to assume office, the term of which would 2. 12 Senators
won the election. However, she was not proclaimed. officially start at noon of 30 June 2013, when she filed a 3. 12 members of the HoR. (1987 Constitution, Art. VI,
NOTE: Only then shall end, and the SET or HRET’s own Imelda now questions the COMELEC’s jurisdiction Petition for Certiorari dated 7 June 2013 assailing the Sec. 18)
jurisdiction begin. The phrase “election, returns, and over the case. Does the COMELEC have jurisdiction Resolutions ordering the cancellation of her Certificate of
qualifications” should be interpreted in its totality as over the case? Candidacy. In the present case, all three requirements of NOTE: A political party must have at least 2 senators in
referring to all matters affecting the validity of the proclamation, oath of office, and assumption of office the Senate to be able to have a representative in the CA.
contestee’s title. (Vinzons-Chato v. COMELEC, G.R. No. A: YES. The COMELEC retains jurisdiction. Since Imelda were satisfied.
172131, April 2, 2007) has not yet been proclaimed, she is not yet a member of Thus, where there are two or more political parties
the HoR. HRET’s jurisdiction as the sole judge of all Moreover, in Reyes, the COMELEC En Banc Resolution represented in the Senate, a political party/coalition
By analogy with the cases of district representatives, contests relating to elections, etc. of members of disqualifying petitioner on grounds of lack of Filipino with a single senator in the Senate cannot
once the party or organization of the party-list nominee Congress begins only after a candidate has become a citizenship and residency had become final and constitutionally claim a seat in the Commission on
becomes a member of the HoR, HRET has authority to member of the HoR. (Romualdez-Marcos v. COMELEC, G.R. executory when petitioner elevated it to this Court. Appointments. It is not mandatory to elect 12 senators to
pass upon election contests relating to his qualifications. No. 119976, Sept. 18, 1995) Therefore, there was no longer any pending case on the the Commission; what the Constitution requires is that
(Abayon v. HRET, G.R. No. 189466, Feb. 11, 2010) --- qualifications of petitioner Reyes to speak of. Here, the there must be at least a majority of the entire
--- question of whether petitioner Lico remains a member of membership. (Guingona, Jr. v. Gonzales, G.R. No. 106971,
--- Q: Ating Koop party-list expelled its first the House of Representatives in view of his expulsion Oct. 20, 1992)
Q: Gemma ran for Congresswoman of Muntinlupa in nominee/representative Lico for refusing to honor from Ating Koop is a subsisting issue. Finally, in Reyes,
the May 2013 elections. However, before the the term-sharing agreement. A petition was filed We found the question of jurisdiction of the HRET to be a Membership in the CA
elections, the COMELEC cancelled her CoC after with the COMELEC which sought his removal from non-issue, since the recourse of the petitioner to the
hearing a complaint filed against her. Later, she was being Ating Koop’s representative. COMELEC 2nd Court appeared to be a mere attempt to prevent the The members of the Commission shall be elected by each
declared winner as Congresswoman of Muntinlupa. Division expelled Lico. COMELEC En Banc, however, COMELEC from implementing a final and executory House on the basis of proportional representation from
The decision said she took her oath already and had dismissed the petition on the ground that it had no judgment. In this case, the question on the validity of the political party and party list. Accordingly, the sense
not assumed her office as Congresswoman. jurisdiction to expel Lico from the HoR, considering petitioner Lico's expulsion from Ating Koop is a genuine of the Constitution is that the membership in the CA
Subsequently, COMELEC issued a certificate of that his expulsion from Ating Koop affected his issue that falls within the jurisdiction of the HRET, as it must always reflect political alignments in Congress and
finality on its earlier resolution cancelling Gemma’s qualifications as member of the House, and therefore unmistakably affects his qualifications as party-list must therefore adjust to changes. It is understood that
COC. Gemma comes before the Court arguing that it was the HRET that had jurisdiction over the representative. (Lico v. COMELEC, G.R. No. 205505, Sept. such changes in party affiliation must be permanent and
COMELEC has lost jurisdiction over the case and it is Petition. Notwithstanding, COMELEC En Banc still 29, 2015) not merely temporary alliances. Endorsement is not
the HRET that has jurisdiction as she is already affirmed the validity of Lico’s expulsion from Ating --- sufficient to get a seat in CA. (Daza v. Singson, G.R. No.
declared a winner. Is Gemma’s contention tenable? Koop. Is COMELEC En Banc’s decision correct? 86344, Dec. 21, 1989)
Valid grounds or just causes for termination of
A: NO. Gemma cannot be considered a Member of the A: NO. While the COMELEC correctly dismissed the membership to the tribunal NOTE: The provision of Sec. 18, Art. VI of the
House of Representatives because, primarily, she has not Petition to expel petitioner Lico from the House of Constitution, on proportional representation is
yet assumed office. The jurisdiction of the HRET begins Representatives for being beyond its jurisdiction, it 1. Expiration of Congressional term of office mandatory in character and does not leave any
only after the candidate is considered a Member of the nevertheless proceeded to rule upon the validity of his 2. Death or permanent disability discretion to the majority party in the Senate to disobey
House of Representatives, as stated in Art. VI, Sec. 17 of expulsion from Ating Koop – a matter beyond its 3. Resignation from the political party he represents or disregard the rule on proportional representation;
the 1987 Constitution. To be considered a Member of the purview. Without legal basis, however, is the action of in the tribunal otherwise, the party with a majority representation in
House of Representatives, there must be a concurrence the COMELEC in upholding the validity of the expulsion 4. Formal affiliation with another political party the Senate or the HoR can by sheer force of numbers
5. Removal from office for other valid reasons. impose its will on the hapless minority. By requiring a
of the following requisites: (1) a valid proclamation, (2) a of petitioner Lico from Ating Koop, despite its own ruling
(Bondoc v. Pineda, G.R. No. 97710, Sept. 26, 1991) proportional representation in the CA, Sec. 18 in effect
proper oath, and (3) assumption of office. that the HRET has jurisdiction over the disqualification
works as a check on the majority party in the Senate and
issue. These findings already touch upon the
NOTE: Unlike the Commission on Appointments, the ET helps maintain the balance of power. No party can claim
The term of office of a Member of the House of qualification requiring a party-list nominee to be a bona
shall meet in accordance with their rules, regardless of more than what it is entitled to under such rule.
Representatives begins only “at noon on the thirtieth day fide member of the party-list group sought to be
whether Congress is in session or not. (Guingona, Jr., et al., v. Gonzales, et al., G.R. No. 106971,
of June next following their election.” Thus, until such represented. The petition for Lico's expulsion from the
March 1, 1993)
time, the COMELEC retains jurisdiction. Consequently, House of Representatives is anchored on his expulsion
ET decisions are not appealable
before there is a valid or official taking of the oath it must from Ating Koop, which necessarily affects his title as

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LEGISLATIVE DEPARTMENT POLITICAL LAW
Presidential appointments subject to confirmation Indefinite. The field of legislation is very wide, and convenient ploy of instituting a criminal or an
by the Commission Legislative powers of Congress because of such, the field of inquiry is also very broad administrative complaint. Thus, the Vice Chairman of
and may cover administrative, social, economic, political SCB is not correct in refusing to attend the investigation
1. Heads of the Executive departments XPN: Vice- 1. General plenary power (Art. VI, Sec. 1) problem (inquiries), discipline of members, etc. Suffice it proceeding on the ground that criminal and civil cases
President who is appointed to the post 2. Specific power of appropriation to say that it is “intrinsic” in and co-extensive with involving the same issues are pending in courts.
2. Ambassadors, other public ministers, or consuls 3. Taxation and expropriation legislative power. (Arnault v. Nazareno, G.R. No. L-3820, (Standard Chartered Bank v. Senate, G.R. No. 167173, Dec.
3. Officers of the AFP from the rank of colonel or 4. Legislative investigation July 18, 1950) 27, 2007)
naval captain 5. Question hour ---
4. Other officers whose appointments are vested in “In aid of legislation” does not mean that there is
him by the Constitution (i.e. COMELEC members, Doctrine of Shifting Majority pending legislation regarding the subject of the inquiry. Distinction between Standard Chartered Bank v.
etc.) In fact, investigation may be needed for purposes of Senate and Bengzon v. Senate Blue Ribbon Committee
For each House of Congress to pass a bill, only the votes proposing future legislation.
NOTE: The enumeration is exclusive. of the majority of those present in the session, there It is true that in Bengzon, the Court declared that the
being a quorum, is required. NOTE: If the stated purpose of the investigation is to issue to be investigated was one over which jurisdiction
Rules on voting determine the existence of violations of the law, the had already been acquired by the Sandiganbayan, and to
Rules regarding the passage of bills investigation is no longer “in aid of legislation” but “in allow the Senate Blue Ribbon Committee to investigate
1. The CA shall rule by a majority vote of all the aid of prosecution.” This violates the principle of the matter would create the possibility of conflicting
members. 1. No bill passed by either House shall become a law separation of powers and is beyond the scope of judgments; and that the inquiry into the same justiciable
2. The chairman shall only vote in case of tie. unless it has passed 3 readings on separate days. Congressional powers. controversy would be an encroachment on the exclusive
3. The CA shall act on all appointments within 30 2. Printed copies of the bill in its final form should be domain of judicial jurisdiction that had set in much
session days from their submission to Congress. distributed to the Members 3 days before its Limitations on legislative investigation earlier.
(1987 Constitution, Art. VI, Sec. 18) passage
3. Upon the last reading of a bill, no amendment 1. The persons appearing in or affected by such There are a number of cases already pending in various
Limitations in the confirmation of appointment thereto shall be allowed. legislative inquiries shall be respected. courts and administrative bodies involving Standard
4. The vote on the bill shall be taken immediately 2. The Rules of procedures to be followed in such Chartered Bank, relative to the alleged sale of
1. Congress cannot by law prescribe that the after the last reading of a bill. inquiries shall be published for the guidance of unregistered foreign securities. There is a resemblance
appointment of a person to an office created by 5. The yeas and the nays shall be entered in the those who will be summoned. This must be strictly between this case and Bengzon. However, the similarity
such law be subject to confirmation by the Journal. followed so that the inquiries are confined only to ends there.
Commission. the legislative purpose and to avoid abuses.
2. Appointments extended by the President to the XPN: The certification of the President, due to the 3. The investigation must be in aid of legislation. Central to the Court’s ruling in Bengzon – that the Senate
above-mentioned positions while Congress is not necessity of its immediate enactment to meet a public 4. Congress may not summon the President as Blue Ribbon Committee was without any constitutional
in session shall only be effective until disapproval calamity or emergency, dispenses with the reading on witness or investigate the latter in view of the mooring to conduct the legislative investigation – was
by the Commission or until the next adjournment separate days and the printing of the bill in the final form doctrine of separation of powers except in the Court’s determination that the intended inquiry was
of Congress. (Sarmiento III, v. Mison, G.R. No. L- before its final approval. (Tolentino v. Secretary of impeachment cases. not in aid of legislation. The Court found that the
79974, Dec. 17, 1987) Finance, G.R. No. 115455, Oct. 30, 1995) speech of Senator Enrile, which sought such
NOTE: It is the President’s prerogative, whether to investigation, contained no suggestion of any
Guidelines in the meetings of the Commission on Instances when a bill becomes a law (1991, 1993, divulge or not the information, which he deems contemplated legislation; it merely called upon the
Appointments 1996 Bar) confidential or prudent in the public interest. Senate to look into possible violations of Sec. 5, RA No.
3019. Thus, the Court held that the requested probe
1. Meetings are held either at the call of the Chairman 1. Approved and signed by the President 5. Congress may no longer punish the witness in failed to comply with a fundamental requirement of Sec.
or a majority of all its members. 2. Presidential veto overridden by 2/3 vote of all contempt after its final adjournment. The basis of 21, Art. VI.
2. Since the Commission is also an independent members of both Houses the power to impose such penalty is the right to
constitutional body, its rules of procedure are also 3. Failure of the President to veto the bill and to self-preservation. And such right is enforceable Unfortunately for SCB, this distinguishing factual milieu
outside the scope of congressional powers as well return it with his objections to the House where it only during the existence of the legislature. (Lopez in Bengzon does not obtain in the instant case. The
as that of the judiciary. (Bondoc v. Pineda, G.R. No. originated, within 30 days after the date of receipt v. Delos Reyes, G.R. No. L-34361, Nov. 5, 1930) unmistakable objective of the investigation, as set forth
97710, Sept. 26, 1991) 4. A bill calling a special election for President and 6. Congress may no longer inquire into the same in the said resolution, exposes the error in SCB’s
Vice-President under Sec. 10. Art. VII becomes a justiciable controversy already before the court. allegation that the inquiry, as initiated in a privilege
NOTE: The ET and the CA shall be constituted within 30 law upon its approval on the third reading and (Bengzon v. Senate Blue Ribbon Committee, G.R. No. speech by the very same Senator Enrile, was simply “to
days after the Senate and the HoR shall have been final reading. 89914, Nov. 20, 1991) denounce the illegal practice committed by a foreign
organized with the election of the Senate President and bank in selling unregistered foreign securities.” This
the Speaker of the House. LEGISLATIVE INQUIRIES AND OVERSIGHT --- fallacy is made more glaring when we consider that, at
FUNCTIONS Q: Sen. Jogie Querots accused the Vice Chairman of the conclusion of his privilege speech, Senator urged the
the Standard Chartered Bank (SCB) of violating the Senate “to immediately conduct an inquiry, in aid of
POWERS OF CONGRESS Legislative Inquiries/Inquiries In Aid Of Legislation Securities Regulation Code for selling unregistered legislation, so as to prevent the occurrence of a
foreign securities. This has led the Senate to conduct similar fraudulent activity in the future”. (Standard
The Senate or the House of Representatives or any of its investigation in aid of legislation. SCB refused to Chartered Bank v. Senate, G.R. No. 167173, Dec. 27, 2007)
LEGISLATIVE respective committees may conduct inquiries in aid of attend the investigation proceedings on the ground
legislation in accordance with its duly published rules of that criminal and civil cases involving the same Contempt powers of Congress
Legislative power procedure. The rights of persons appearing in, or issues were pending in courts. Decide.
affected by, such inquiries shall be respected. (1987 Even if the Constitution only provides that Congress may
The power or competence to propose, enact, ordain, Constitution, Art. VI, Sec. 21) A: The mere filing of a criminal or administrative punish its members for disorderly behavior or expel the
amend/alter, modify, abrogate or repeal laws. It is vested complaint before a court or a quasi-judicial body should same, it is not an exclusion of power to hold other
in the Congress which shall consist of a Senate and a Matters that can be the subject of inquiries in aid of not automatically bar the conduct of legislative persons in contempt.
House of Representatives, except to the extent reserved to legislation investigation. Otherwise, it would be extremely easy to
the people by the provision on initiative and referendum. subvert any intended inquiry by Congress through the

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FACULTY OF CIVIL LAW
LEGISLATIVE DEPARTMENT POLITICAL LAW
NOTE: Congress has the inherent power to punish delegation designed to attach a congressional leash A: YES. The Rules must be published before the Rules
recalcitrant witnesses for contempt, and may have them Scope of the power of oversight to an agency to which Congress has by law initially can take effect. Thus, even if publication is not required
incarcerated until such time that they agree to testify. delegated broad powers. (ABAKADA Guro Party-list under the Constitution, publication of the Rules of the
The continuance of such incarceration only subsists 1. Monitor bureaucratic compliance with program v. Purisima, G.R. No. 166715, Aug. 14, 2008) Senate Committee of the Whole is required because the
for the lifetime, or term, of such body. Thus, each objectives; Rules expressly mandate their publication. To comply
House lasts for only 3 years. But if incarcerated by the 2. Determine whether agencies are properly Legislative veto violates the doctrine of separation of with due process requirements, the Senate must follow
Senate, it is indefinite because the Senate, with its administered; powers, thus, unconstitutional its own internal rules if the rights of its own members
staggered terms as an institution, is a continuing body. 3. Eliminate executive waste and dishonesty; are affected. (Pimentel v. Senate Committee of the Whole,
(2014 Bar) 4. Prevent executive usurpation of legislative In exercising discretion to approve or disapprove the IRR ibid.)
authority; and based on a determination of whether or not it conformed ---
Legislative contempt vis-à-vis pardoning power of 5. Assess executive conformity with the to the law, Congress arrogated judicial power unto itself,
the President congressional perception of public interest. a power exclusively vested in the Supreme Court by the Senate is no longer a continuing legislative body
(Opinion of J. Puno, Macalintal v. COMELEC, Ibid) Constitution. Thus, violating the doctrine of separation of
Legislative contempt is a limitation on the President’s powers. The present Senate under the 1987 Constitution is no
power to pardon by virtue of the doctrine of separation Bases of oversight power of Congress longer a continuing legislative body. It has 24 members,
of powers. From the moment the law becomes effective, any 12 of whom are elected every 3 years for a term of 6
1. Intrinsic in the grant of legislative power itself; provision of law that empowers Congress or any of its years each. Thus, the term of 12 Senators expires every 3
Question Hour 2. Integral to the system of checks and balances; and members to play any role in the implementation or years, leaving less than a majority of Senators to
3. Inherent in a democratic system of government. enforcement of the law violates the principle of continue into the next Congress since the Rules of
Where the heads of departments may, upon their own separation of powers and is thus unconstitutional. Procedure must be republished by the Senate after every
initiative, with the consent of the President, or upon the Categories of Congressional Oversight Functions (ABAKADA Guro Party-list v. Purisima, Ibid.) expiry of the term of the 12 Senators. (Garcillano v. HoR
request of either House, as the rules of each House shall Committee on Public Information, G.R. No. 170338, Dec.
provide, appear before and be heard by such House on 1. Scrutiny — to determine economy and efficiency of Senate is not allowed to continue the conduct of 23, 2008)
any matter pertaining to their departments. Written the operation of government activities. legislative inquiry without a duly published rules of
questions shall be submitted to the President of the procedure Senate as an INSTITUTION is continuing (2014 Bar)
Senate or the Speaker of the HoR at least 3 days before Congress may request information and report from
their scheduled appearance. Interpellations shall not be the other branches of government and give The phrase “duly published rules of procedure” requires There is no debate that the Senate as an institution is
limited to written questions, but it may cover matters recommendations or pass resolutions for the Senate of every Congress to publish its rules of "continuing", as it is not dissolved as an entity with each
related thereto. When the security of the State or the consideration of the agency involved through: procedure governing inquiries in aid of legislation national election or change in the composition of its
public interest so requires and the President so states in a. Power of appropriation and budget hearing because every Senate is distinct from the one before it or members. However, in the conduct of its day-to-day
writing, the appearance shall be conducted in executive (1987 Constitution, Art. VII, Sec. 22) after it. (Garcillano v. HoR Committee on Public business the Senate of each Congress acts separately and
session. (1987 Constitution, Art. VI, Sec. 22) b. Question Hour (1987 Constitution, Art. VI, Information, G.R. No. 170338, Dec. 23, 2008) independently of the Senate of the Congress before it.
Sec. 22)
Question hour vs. Legislative investigation c. Power of Confirmation (1987 Constitution, Invalidity of Publication in the Internet Undeniably, all pending matters and proceedings, i.e.
Art. VI, Sec. 18) unpassed bills and even legislative investigations, of the
LEGISLATIVE The Electronic Commerce Act of 2009 merely recognizes Senate of a particular Congress are considered
QUESTION HOUR But legislative scrutiny does not end in budget the admissibility in evidence of electronic data messages terminated upon the expiration of that Congress and it is
INVESTIGATION
(SEC. 22, ART. VI) hearings. Congress can ask the heads of and/or documents. It does not make the internet a merely optional on the Senate of the succeeding
(SEC. 21, ART. VI)
departments to appear before and be heard by medium for publishing laws, rules and regulations. Congress to take up such unfinished matters, not in the
As to persons who may appear either the House on any matter pertaining to their (Garcillano v. HoR Committee on Public Information, ibid.) same status, but as if presented for the first time. The
department. logic and practicality of such a rule is readily apparent
Only a Publication of the internal rules of Congress considering that the Senate of the succeeding Congress
department Any person Likewise, Congress exercises legislative scrutiny (which will typically have a different composition as that
head thru its power of confirmation to find out whether The Constitution does not require publication of the of the previous Congress) should not be bound by the
the nominee possesses the necessary internal rules of the House or Senate. Since rules of the acts and deliberations of the Senate of which they had no
As to who conducts the investigation qualifications, integrity and probity required of all House or Senate affect only their members, such rules part (Neri v. Senate Committee, GR. No. 180643, Sept. 4,
public servants. need not be published, unless such rules expressly 2008).
Committees/Entir provide for their publication before the rules can take
Entire body effect. (Pimentel v. Senate Committee of the Whole, G.R. THE BICAMERAL CONFERENCE COMMITTEE
e Body 2. Congressional Investigation — Involves a more
intense digging of facts through inquiries in aid of No. 187714, March 8, 2011)
As to subject matter legislation under Sec. 21, Art. VI. Purpose of the Bicameral Conference Committee
---
3. Legislative Supervision — most encompassing Q: During a hearing of the Senate Committee of the In a bicameral system, bills are independently processed
Matters related to
Any matter for the form; connotes a continuing and informed Whole, some proposed amendments to the Rules of by both Houses of Congress. It is not unusual that the
the
purpose of awareness on the part of congressional committee the Ethics Committee that would constitute the Rules final version approved by one House differs from what
department
legislation regarding executive operations in a given of the Senate Committee of the Whole were adopted. has been approved by the other.
only
administrative area It allows Congress to Senator Sonia raised as an issue the need to publish
scrutinize the exercise of delegated law-making the proposed amended Rules of the Senate The “conference committee,” consisting of members
Oversight power of Congress Committee of the Whole, as directed by the amended nominated from both Houses, is an extra-constitutional
authority, and permits Congress to retain part of
that delegated authority through: Rules itself. However, the Senate Committee of the creation of Congress whose function is to propose to
Embraces all activities undertaken by Congress to Whole proceeded without publication of the Congress ways of settling, reconciling or threshing out
enhance its understanding of and influence over the amended Rules. Is the publication of the Rules of the conflicting provisions found in the Senate version and in
Legislative veto – Congress retains a “right” or
implementation of legislation it has enacted. It concerns Senate Committee of the Whole required for their the House version of a bill. (Opinion of J. Callejo, Sr.,
“power” to approve or disapprove any regulation
post-enactment measures undertaken by Congress. effectivity? ABAKADA v. Ermita, G.R. No. 168056, Sept. 1, 2005)
enacted by administrative body before it takes
(Opinion of J. Puno, Macalintal v. COMELEC, G.R. No.
effect. It is in the form of an inward-turning
157013, July 10, 2003)

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LEGISLATIVE DEPARTMENT POLITICAL LAW
Extent of the power of the Committee i. Delegation to the President [1987 Each bill must pass 3 readings each in both Houses. In b. Revenue or tariff
Constitution, Art. VI, Sec. 23(2) and Sec. other words, there must be a total of 6 readings. c. authorizing Increase of the public debt,
The conferees are not limited to reconciling the 28(2)] d. Local application, and
differences in the bill but may introduce new provisions ii. Delegation to the people (1987 GR: Each reading shall be held on separate days and e. Private bills. (1987 Constitution, Art. VI, Sec. 24)
germane to the subject matter or may report out an Constitution, Art VI, Sec. 32) printed copies thereof in its final form shall be
entirely new bill on the subject. (Tolentino v. Sec. of distributed to its Members, 3 days before its passage. NOTE: It does not prohibit the filing in the Senate of a
Finance, G.R. No, 115455, Aug. 25, 1994) Procedural substitute bill, so long as the action by the Senate is
1. Only one subject, to be stated in the title of the bill XPN: If a bill is certified as urgent by the President as to withheld pending the receipt of the House bill. (Tolentino
Scope of the powers of the Committee [1987 Constitution, Art. VI, Sec. 26(1)]. the necessity of its immediate enactment to meet a v. Sec. of Finance, G.R. No. 115455, Aug. 25, 1994)
2. Three (3) readings on separate days; printed public calamity or emergency, the 3 readings can be held
1. Adopt the bill entirely copies of the bill in its final form to be distributed on the same day [1987 Constitution, Art. VI, Sec. 26(2)] 2. The President shall have the power to veto any
2. Amend or Revise to its members 3 days before its passage, except if particular item/s in an ART bill, but the veto shall
3. Reconcile the House and Senate Bills the President certifies to its immediate enactment Reasons for the “three readings on separate days” not affect the item/s to which he does not object.
4. Propose entirely new provisions not found in to meet a public calamity or emergency; upon its rule [1987 Constitution, Art. VI, Sec. 27(2)]
either the Senate or House bills last reading, no amendment shall be allowed and
the vote thereon shall be taken immediately and To prevent hasty and improvident legislation, and afford Power of appropriation
Reconcile or harmonize disagreeing provisions the yeas and nays entered into the Journal. [1987 the legislators time to study and deliberate the
Constitution, Art. VI, Sec. 2(2)]. measures. The spending power, also called the “power of the
The changes introduced by the Bicameral Conference 3. Appropriation bills, revenue bills, tariff bills, bills purse”, belongs to Congress, subject only to the veto
Committee are meant only to reconcile and harmonize authorizing the increase of public debt, bills of The two-fold purpose: power of the President. It carries with it the power to
the disagreeing provisions for it does not inject any idea local application and private bills shall originate 1. To inform the legislators of the matters they shall specify the project or activity to be funded under the
or intent that is wholly foreign to the subject embraced exclusively in the House of Representatives. (1987 vote on; and appropriation law.
by the original provisions. Constitution, Art. VI, Sec. 24) 2. To give them notice that a measure is in progress
through enactment process. (Abas Kida, v. Senate, Appropriation law
To reconcile or harmonize disagreeing provisions, the NOTE: During the First Reading, only the title of the bill G.R. No. 196271, Oct. 18, 2011)
Bicameral Conference Committee may then (a) adopt the is read, then it is passed to the proper committee for A statute enacted for the specific purpose of authorizing
specific provisions of either the House bill or Senate bill, study. On the Second Reading, the entire text is read, LIMITATIONS ON APPROPRIATION, REVENUE, AND the release of public funds from the treasury.
(b) decide that neither provisions in the House bill or the and debates and amendments are held. On the Third TARIFF MEASURES
provisions in the Senate bill would be carried into the Reading, only the title is read, and votes are taken Classifications of appropriations
final form of the bill, and/or (c) try to arrive at a immediately thereafter. Appropriation bill
compromise between the disagreeing provisions. 1. General appropriation law – Passed annually, and
One bill-one subject rule Primarily made for the appropriation of a sum of money intended for the financial operations of the entire
Thus, the changes made by the Bicameral Conference from the public treasury. government during one fiscal period;
Committee in the versions passed by the Senate and Every bill passed by the Congress shall embrace only one
House of the RVAT Law such as the inclusion of the subject. The subject shall be expressed in the title of the Revenue bill Contains an estimate of revenues and funding
stand-by authority of the President, omission of the no bill. This rule is mandatory. sources, which are usually (1) taxes, (2) capital
pass-on provision included in both Senate and House Specifically designed to raise money or revenue through revenues (like proceeds from the sales of assets),
versions, inclusion of provisions on other kinds of taxes NOTE: The purposes of such rule are: imposition or levy. (3) grants, (4) extraordinary income (like
and VAT only found in the Senate bill are valid. (Escudero 1. To prevent hodgepodge or log-rolling legislation; dividends of government corporations) and (5)
v. Purisima, G.R. No. 168463, Sept. 1, 2005; ABAKADA v. 2. To prevent surprise or fraud upon the legislature; Bill of local application borrowings. (Araullo v. Aquino III, G.R. No. 209287,
Ermita, GR 168056, Sept. 1, 2005) and July 1, 2014)
3. To fairly apprise the people of the subjects of A bill limited to specific localities, such as the creation of
LIMITATIONS ON LEGISLATIVE POWER legislation. (Central Capiz v. Ramirez, G.R. No. a town. Hence, it is one involving purely local or GAA is not self-executory
16197, March 12, 1920) municipal matters, e.g. the charter of a city.
Substantive The execution of the GAA was still subject to a
a) Express: Determination of the sufficiency of the title Private bills program of expenditure to be approved by the
a. Bill of Rights (1987 Constitution, Art. III) President, and such approved program of
b. On Appropriations [1987 Constitution, Art. VI, It suffices if the title should serve the purpose of the Those which affect private persons, such as a bill expenditure was the basis for the release of funds.
Secs. 25 and 29(1&2)] constitutional demand that it informs the legislators, the granting citizenship to a specific foreigner, or a bill The mere approval by Congress of the GAA does
c. On Taxation (1987 Constitution, Art. VI, Secs. 28 persons interested in the subject of the bill, and the granting honorary citizenship to a distinguished not instantly make the funds available for spending
and 29, par. 3) public, of the nature, scope and consequences of the foreigner. by the Executive Department. The funds
d. On Constitutional appellate jurisdiction of SC proposed law and its operation; thus, prevent surprise or authorized for disbursement under the GAA are
(1987 Constitution, Art. VI, Sec. 30) fraud upon the legislators. Tariff bills usually still to be collected during the fiscal year.
e. No law granting a title of royalty or nobility Thus, it is important that the release of funds be
shall be enacted (1987 Constitution, Art. VI, Sec. Test: Whether or not it is misleading; either in referring Those that specify the rates or duties to be imposed on duly authorized, identified, or sanctioned to avert
31). to or indicating one subject where another or different imported articles. putting the legitimate Program, Activity, Projects
f. No specific funds shall be appropriated or paid one is really embraced in the act, or in omitting any (PAPs) of the Government in fiscal jeopardy.
for use or benefit of any religion, sect, etc., expression or indication of the real subject or scope of Constitutional limitations on the legislative’s power (TESDA v. COA, G.R. No. 196418, Feb. 10, 2015)
except for priests, etc., assigned to AFP, penal the act. (Lidasan v. COMELEC, G.R. No. L-28089, Oct. 25, to enact laws on appropriation, revenue and tariff
institutions, etc. (1987 Constitution, Art. VI, Sec. 1967) (ART) measures NOTE: The requirement of availability of funds
29[2]) before the execution of a government contract,
b) Implied: Number of readings before becoming a law (1996 1. Bills which shall originate exclusively in the HoR, however, has been modified by R.A. No. 9184
a. Prohibition against irrepealable laws Bar) but the Senate may propose or concur with [Government Procurement Reform Act] which
b. Non-delegation of powers amendments: (APRIL) (1996 Bar) requires not only the sufficiency of funds at the
XPNs to Non-Delegation Doctrine: a. Appropriation, time of the signing of the contract, but also upon

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the commencement of the procurement process. constitutionality of the DAP was challenged, claiming
Unless R.A. No. 9184 is amended or repealed, all Budget The use of discretionary funds for a purely religious that it contravened Section 29(1), Art. VI of the 1987
future government projects must first have a purpose is unconstitutional, and the fact that the Constitution under the guise of the President
sufficient appropriation before engaging the Financial program of the national government for the disbursement is made by resolution of a local legislative exercising his constitutional authority under Section
procurement activity. (Jacomille v. Abaya, G.R. No. designated calendar year, providing for the estimates of body and not by Congress does not make it any less 25(5) of the 1987 Constitution to transfer funds out
212381, April 22, 2015) receipts of revenues and expenditures. offensive to the Constitution. Above all, the resolution of savings to augment the appropriations of offices
constitutes a clear violation of the Non-establishment within the Executive Branch of the Government. Is
2. Special appropriation law – Designed for a specific Budget proposal Clause of the Constitution. the DAP constitutional?
purpose. ---
The President shall propose the budget and submit it to A: NO. The transfers made through the DAP were
Implied limitations on appropriation power Congress. It shall indicate the expenditures, sources of Deficit in the final budget cannot be automatically unconstitutional. It is true that the President (and even
financing, receipts from previous revenues and proposed taken from the National Treasury the heads of the other branches of the government) are
1. Must specify a public purpose; revenue measures. It will serve as a guide for Congress: allowed by the Constitution to make realignment of
2. Sum authorized for release must be determinate, 1. In fixing the appropriations; Congress will still have to enact a law before money can funds, however, such transfer or realignment should
or at least determinable. (Guingona v. Carague, G.R. 2. In determining the activities which should be be paid out of the National Treasury [Art. VI, Sec. 29(1)] only be made “within their respective offices”. Thus, no
No. 94571, April 22, 1991) funded. (1987 Constitution, Art. VII, Sec. 22) cross-border transfers/augmentations may be allowed.
--- But under the DAP, this was violated because funds
Constitutional limitations on special appropriations NOTE: The proposed budget is not final. The President Q: Daraga Press filed with COA a money claim for the appropriated by the GAA for the Executive were being
measures may propose the budget but still the final say on the payment of textbooks it allegedly delivered to transferred to the Legislative and other non-Executive
matter of appropriation is lodged in the Congress. DepEd-ARMM. COA denied the money claim because agencies.
1. Must specify public purpose for which the sum was (Philippine Constitution Association v. Enriquez, G.R. No. it found no appropriation for the purchase of said
intended; 113105, Aug. 19, 1994) textbooks. Is COA’s denial correct?
Further, transfers “within their respective offices” also
2. Must be supported by funds actually available as
A: YES. There was no appropriation for the purchase of contemplate realignment of funds to an existing project
certified by the National Treasurer or to be raised Modification of Congress of the budget proposal
the subject textbooks as the Special Allotment Release in the GAA. Under the DAP, even though some projects
by corresponding revenue proposal therein. [1987
Order (SARO) in the amount of P63,638,750.00, upon were within the Executive, these projects are non-
Constitution, Art. VI, Sec. 25(4)] Congress may only reduce but not increase the budget.
which Daraga Press anchors its claim, pertains to the existent insofar as the GAA is concerned because no
payment of personal services or salaries of the teachers, funds were appropriated to them in the GAA. Although
Constitutional rules on General Appropriations Laws Each legislator cannot exercise the appropriation
not for the purchase of textbooks. ince there was no some of these projects may be legitimate, they are still
power of the Congress
appropriation for the purchase of the subject textbooks, non-existent under the GAA because they were not
1. Congress may not increase appropriations
the respondent COA had reason to deny the money claim provided for by the GAA. As such, transfer to such
recommended by the President for the operations Legislative power shall be exclusively exercised by the
as Section 29(1), Article VI of the 1987 Constitution projects is unconstitutional and is without legal basis.
of the government; body to which the Constitution has conferred the same.
2. Form, content and manner of preparation of The power to appropriate must be exercised only provides that: "No money shall be paid out of the
budget shall be provided by law; through legislation, pursuant to Sec. 29(1), Art. VI of the Treasury except in pursuance of an appropriation made These DAP transfers are not “savings” contrary to what
3. No provision or enactment shall be embraced in Constitution. (Belgica v. Ochoa, G.R. No. 208566, Nov. 19, by law." (Daraga Press, Inc. v. Commission on Audit, G.R. was being declared by the Executive. Under the
the bill unless it releases specifically to some 2013) No. 201042, June 16, 2015) definition of “savings” in the GAA, savings only occur,
particular appropriations therein; --- among other instances, when there is an excess in the
4. Procedure for approving appropriations for --- funding of a certain project once it is completed, finally
Congress shall be the same as that of other Q: The budget of a predominantly Muslim province Doctrine of Augmentation (1996, 1998 Bar) discontinued, or finally abandoned. The GAA does not
departments in order to prevent sub-rosa provides the Governor with a certain amount as his refer to “savings” as funds withdrawn from a slow
appropriations by Congress; and discretionary funds. Recently, however, the No law shall be passed authorizing any transfer of moving project. Thus, since the statutory definition of
5. Prohibition against transfer of appropriations. Sangguniang Panlalawigan passed a resolution appropriations; however, the President, the President of savings was not complied with under the DAP, there is
Nonetheless, the following may, by law, be appropriating P100,000 as a special discretionary no basis at all for the transfers. Further, savings should
authorized to augment any item in the general fund of the Governor, to be spent by him in leading a only be declared at the end of the fiscal year. But under
appropriations law for their respective offices from pilgrimage of his province mates to Mecca, Saudi the DAP, funds are already being withdrawn from certain
savings in other items of their respective Arabia, Islam's holiest city. the Senate, the Speaker of the House of Representatives, projects in the middle of the year and then being
appropriations (Doctrine of Augmentation): the Chief Justice of the Supreme Court, and the heads of declared as “savings” by the Executive particularly by the
a. President Philconsa, on constitutional grounds, has filed suit to Constitutional Commissions may, by law, be authorized DBM.
b. Senate President nullify the resolution of the Sangguniang to augment any item in the general appropriations law
c. Speaker of the HoR Panlalawigan giving the special discretionary fund to for their respective offices from savings in other items of Unprogrammed funds from the GAA cannot be used as
d. Chief Justice the Governor for the stated purpose. How would you their respective appropriations. (1987 Constitution, Art. money source for the DAP because under the law, such
e. Heads of Constitutional Commissions; decide the case? Give your reasons. VI, Sec. 25[5]; Demetria v. Alba, G.R. No. 71977, February funds may only be used if there is a certification from the
6. Prohibitions against appropriations for sectarian 27, 1987 and Araullo v. Aquino III, G.R. No. 209287, July 1, National Treasurer to the effect that the revenue
benefit; and A: The resolution is unconstitutional because: 2014) collections have exceeded the revenue targets. In this
7. Automatic re-appropriation – If, by the end of any case, no such certification was secured before
fiscal year, the Congress shall have failed to pass 1. It violates Art. VI, Sec. 29(2) which prohibits the --- unprogrammed funds were used. (Araullo v. Aquino III,
the general appropriations bill for the ensuing appropriation of public money or property, directly Q: The Disbursement Acceleration Program (DAP) G.R. No. 209287, Feb. 3, 2015)
fiscal year, the general appropriations law for the or indirectly, for the use, benefit or support of any was instituted by the Department of Budget and ---
preceding fiscal year shall be deemed reenacted system of religion; Management in 2011 to ramp up spending after
and shall remain in force and effect until the 2. It contravenes Art. VI, Sec. 25(6) which limits the sluggish disbursements had caused the growth of the PRESIDENTIAL VETO AND CONGRESSIONAL
general appropriations bill is passed by the appropriation of discretionary funds only for public gross domestic product (GDP) to slow down. It OVERRIDE
Congress (1987 Constitution, Art. VI, Sec. 25[7]). purposes; and allowed the Executive to allocate public money
Ratio: For the purpose of preventing the 3. It constitutes a clear violation of the Non- pooled from programmed and unprogrammed funds Rule on presentment
disruption in government operations and establishment Clause of the Constitution of its various agencies notwithstanding the original
unauthorized disbursement of funds revenue targets being exceeded. In a petition, the

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Every bill passed by Congress must be presented to the produces a veto even if Congress is in recess. The 2. The grant of emergency powers must be for a 2. The President shall not be eligible for any re-
President for approval or veto. In the absence of President must still act to veto the bill and communicate Limited period; election.
presentment to the President, no bill passed by Congress his veto to Congress without need of returning the 3. The grant of emergency powers is subject to such NOTE: The Vice-President may serve for more than
can become a law. vetoed bill with his veto message. Restrictions as Congress may prescribe; and 2 successive terms.
4. The emergency powers must be exercised to carry 3. No person who has succeeded as President and has
Rule on presidential veto Rider out a National policy declared by Congress. served as such for more than four years shall be
qualified for election to the same office at any time.
GR: If the President disapproves a bill enacted by A provision in a bill which does not relate to a particular INFORMING FUNCTIONS (1987 Constitution, Art. VII, Sec. 4)
Congress, he should veto the entire bill. He is not allowed appropriation stated in the bill. Since it is an invalid
to veto separate items of a bill. provision under Art. VI, Sec. 25[2], the President may Informing function of Congress NOTE: Vice-President shall have the same qualifications
veto it as an item. and term of office and be elected with, and in the same
XPN: Item-veto is allowed in case of Appropriation, The informing function of the legislature includes its manner, as the President. He may be removed from
Revenue, and Tariff bills [1987 Constitution, Art. VI, Sec. Congressional override function to conduct legislative inquiries and office in the same manner as the President. (1987
27(2)] (1991, 2010 Bar) investigation and its oversight power. Constitution, Art. VII, Sec. 3)
If, after reconsideration, 2/3 of all members of such
XPNs to the XPN: House agree to pass the bill, it shall be sent to the other The power of Congress does not end with the finished
1. Doctrine of inappropriate provisions – A House by which it shall likewise be reconsidered and if task of legislation. Associated with its principal power to PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS
provision that is constitutionally inappropriate approved by 2/3 of all members of that House, it shall legislate is the auxiliary power to ensure that the laws it
for an appropriation bill may be singled out for become a law without the need of presidential approval. enacts are faithfully executed.
veto even if it is not an appropriation or IMMUNITY AND PRIVILEGES
revenue item. (Gonzales v. Macaraig, G.R. No. NON-LEGISLATIVE POWERS The power of oversight has been held to be intrinsic in
87636, Nov. 19, 1990) the grant of legislative power itself and integral to the Privileges of the President and Vice-President
2. Executive impoundment – Refusal of the Non-legislative powers of Congress checks and balances inherent in a democratic system of
President to spend funds already allocated by government. Woodrow Wilson emphasized that “Even PRESIDENT VICE-PRESIDENT
Congress for specific purpose. It is the failure to 1. Power to declare the existence of state of war more important than legislation is the instruction and
1. Official residence;
guidance in political affairs which the people might
spend or obligate budget authority of any type. (1987 Constitution, Art. VI, Sec. 23, Par. 1) 2. Salary is determined by 1. Salary shall not be
(Philconsa v. Enriquez, G.R. No. 113105, Aug. 19, 2. Power to act as Board of Canvassers in election of receive from a body which kept all national concerns decreased during
law and not to be
1994) President (1987 Constitution, Art. VII, Sec. 10) suffused in a broad daylight of discussion.” (Opinion of J. his tenure;
decreased during his
3. Power to call a special election for President and Puno, Macalintal v. COMELEC, G.R. No. 157013, July 10, 2. If appointed to a
tenure. (1987
--- Vice-President (1987 Constitution, Art. VII, Sec. 10) 2003) Cabinet post, no need
Constitution, Art. VII,
Appropriation Item or Line-item 4. Power to judge President’s physical fitness to Sec. 6) for Commission on
discharge the functions of the Presidency (1987 3. Immunity from suit for Appointments’
An indivisible sum of money dedicated to a stated Constitution, Art. VII, Sec. 11) POWER OF IMPEACHMENT confirmation. (1987
official acts.
purpose. It is indivisible because the amount cannot be 5. Power to revoke or extend suspension of the (Please see discussion on Accountability of Public Officials Constitution, Art. VII,
divided for any purpose other than the specific purpose privilege of the writ of habeas corpus or under Law on Public Officers) Sec. 3)
stated in the item. It is an item, which, in itself, is a declaration of martial law (1987 Constitution, Art.
specific appropriation of money, not some general VII, Sec. 18)
provision of law, which happens to be put into an 6. Power to concur in Presidential amnesties. PRESIDENTIAL IMMUNITY
appropriation bill. Concurrence of majority of all the members of EXECUTIVE DEPARTMENT
Congress (1987 Constitution, Art. VII, Sec. 19) Presidential or executive immunity
An item of appropriation must be an item characterized 7. Power to concur in treaties or international
by singular correspondence – meaning an allocation of a agreements; concurrence of at least 2/3 of all the Head of the Executive Department The President is immune from suit during his
specified singular amount for a specified singular members of the Senate (1987 Constitution, Art. VII, incumbency.
purpose, otherwise known as a "line-item.". (Araullo v. Sec. 21) The President is both the head of State and head of
Aquino III, G.R. No. 209287, July 1, 2014) 8. Power to confirm certain appointments/ government; hence, executive power is exclusively Rules on executive immunity
nominations made by the President (1987 vested on him.
--- Constitution, Art. VII, Secs. 9 and 16) A. Rules on immunity DURING tenure (not term):
9. Power of Impeachment (1987 Constitution, Art. XI, Qualifications of the President 1. The President is immune from suit during his
NOTE: For the President to exercise his item-veto power, Sec. 2) tenure. (In re: Bermudez, G.R. No. 76180, Oct. 24,
it is necessary that there exists a proper "item" which 10. Power relative to natural resources 1. Natural-born citizen of the Philippines; 1986)
may be the object of the veto. Consequently, to ensure (1987 Constitution, Art. XII, Sec. 2) 2. A registered voter; 2. An impeachment complaint may be filed against
that the President may be able to exercise said power, 11. Power of internal organization (1987 Constitution, 3. Able to read and write; him during his tenure. (1987 Constitution, Art. XI)
the appropriations bill must contain "specific Art. VI, Sec. 16) 4. At least forty years of age on the day of the 3. The President may not be prevented from
appropriations of money" and not only "general a. Election of officers election; and instituting suit. (Soliven v. Makasiar, G.R. No. 82585,
provisions" which provide for parameters of b. Promulgate internal rules 5. A resident of the Philippines for at least ten years Nov. 14, 1988)
appropriation. (Araullo v. Aquino III, ibid.) c. Disciplinary powers immediately preceding such election. (1987 4. There is nothing in our laws that would prevent
12. Informing Function Constitution, Art. VII, Sec. 2) the President from waiving the privilege. He may
Instances of pocket veto (2010 Bar) shed the protection afforded by the privilege.
Congressional grant of emergency powers to the Term of Office of the President (Soliven v. Makasiar, ibid.)
1. When the President fails to act on a bill; and President (2010 Bar) 5. Heads of departments cannot invoke the
2. When the reason he does not return the bill to the 1. The President shall be elected by direct vote of the President’s immunity. (Gloria v. CA, G.R. No.
Congress is that Congress is not in session. Under Art. VI, Sec. 23(2), Congress may grant the people for a term of 6 years which shall begin at 119903, Aug. 15, 2000)
President emergency powers subject to the following noon on the 30th day of June next following the day
Pocket veto is NOT applicable in the Philippines conditions: (WaLiReN) of the election and shall end at noon of the same B. Rule on immunity AFTER tenure:
because inaction by the President for 30 days never 1. There is a War or other national emergency; date, 6 years thereafter.

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Once out of office, even before the end of the 6-year committed by his subordinates for failing to prevent or Presidential or Executive Privilege (2009, 2010, necessary legal means to compel his appearance. (Senate
term, immunity for non-official acts is lost. punish the perpetrators (as opposed to crimes he 2015 Bar) v. Ermita, ibid.)
Immunity cannot be claimed to shield a non-sitting ordered). (Rubrico v. GMA, G.R. No. 183871, Feb. 18, 2010)
President from prosecution for alleged criminal acts It is the power of the President and high-level executive Requirements in invoking the privilege
done while sitting in office. (Estrada v. Desierto, G.R. Elements of command responsibility branch officers to withhold certain types of information
Nos. 146710-15, March 2, 2001) from Congress, the courts, and ultimately the public. 1. There must be a formal claim of the privilege; and
1. The existence of a superior-subordinate 2. The claim has specific designation and description
When a non-sitting President is not immune from relationship between the accused as superior and Invocation of the privilege of the documents within its scope and with the
suit for acts committed during his tenure the perpetrator of the crime as his subordinate; precise and certain reasons for preserving their
2. The superior knew or had reason to know that the It must be invoked in relation to specific categories of confidentiality.
A non-sitting President does not enjoy immunity from crime was about to be or had been committed; information and not to categories of persons.
suit, even though the acts were done during her tenure. 3. The superior failed to take the necessary and Reason: Without this specificity, it is impossible for a
The intent of the framers of the Constitution is clear that reasonable measures to prevent the criminal acts NOTE: A claim of the executive privilege may be valid or court to analyze the claim short of disclosure of the very
the immunity of the president from suit is concurrent or punish the perpetrators thereof. (Rodriguez v. not depending on the ground invoked to justify it and the thing sought to be protected.
only with his tenure and not his term. Former President GMA, G.R. Nos. 191805 & 193160, Nov. 15, 2011) context in which it is made. Noticeably absent is any
Arroyo cannot use the presidential immunity from suit to recognition that executive officials are exempt from the NOTE: Congress, however, must not require the
shield herself from judicial scrutiny that would assess Application of the doctrine of command duty to disclose information by the mere fact of being Executive to state the reasons for the claim with such
whether, within the context of amparo proceedings, she responsibility in amparo proceedings executive officials. (Senate v. Ermita, G.R. No. 169777, particularity as to compel disclosure of the information,
was responsible or accountable for the abduction of April 20, 2006) which the privilege is meant to protect. (Senate v. Ermita,
Rodriguez. (Rodriguez v. GMA, G.R. Nos. 191805 & 193160, It should, at most, be only to determine the author who, ibid.)
Nov. 15, 2011) at the first instance, is accountable for, and has the duty Consequently, in case where the privilege is invoked
to address, the disappearance and harassments through executive orders (EOs) prohibiting executive Limitation of executive privilege
When a former President cannot be impleaded complained of, so as to enable the Court to devise officials from participating in legislative inquiries, the
remedial measures that may be appropriate under the Court held that “to the extent that investigations in aid of Claim of executive privilege is subject to balancing
Impleading the former President as an unwilling co- premises to protect rights covered by the writ legislation are generally conducted in public, any against other interest. Simply put, confidentiality in
petitioner, for an act she made in the performance of the of amparo. (Rubrico v. GMA, G.R. No. 183871, Feb. 18, executive issuance tending to unduly limit disclosures of executive privilege is not absolutely protected by the
functions of her office, is contrary to the public policy 2010) information in such investigations necessarily deprives Constitution. Neither the doctrine of separation of
against embroiling the President in suits, “to assure the the people of information which, being presumed to be powers nor the need for confidentiality of high-level
exercise of Presidential duties and functions free from President may be held liable for extrajudicial killings in aid of legislation, is presumed to be a matter of public communications can sustain an absolute, unqualified
any hindrance or distraction, considering that being the and enforced disappearances as Commander-in- concern. The citizens are thereby denied access to Presidential privilege of immunity from judicial process
Chief Executive of the Government is a job that, aside Chief information which they can use in formulating their own under all circumstances. (Neri v. Senate, G.R. No. 180643,
from requiring all of the office holder’s time, also opinions on the matter before Congress— opinions March 25, 2008)
demands undivided attention. Therefore, former The President may be held accountable under the which they can then communicate to their
President GMA cannot be impleaded as one of the principle of command responsibility. Being the representatives and other government officials through EO 464 requiring all Executive department heads to
petitioners in this suit. Thus, her name is stricken off the commander-in-chief of all armed forces, he necessarily the various legal means allowed by their freedom of secure the consent of the President before appearing
title of this case. (Resident Marine Mammals v. Reyes, G.R. possesses control over the military that qualifies him as expression.” (Senate v. Ermita, ibid.) (2009, 2010, 2015 in Question Hour is valid
No. 180771, April 21, 2015) a superior within the purview of the command Bar)
responsibility doctrine. The requirement to secure presidential consent, limited
Purpose of presidential immunity Persons who can invoke executive privilege as it is only to appearances in the question hour, is valid
On the issue of knowledge, it must be pointed out that on its face. For unlike inquiries in aid of legislation under
1. Separation of powers – viewed as demanding the although international tribunals apply a strict standard 1. President Sec. 21, Art. VI of the Constitution where such
executive’s independence from the judiciary, so of knowledge, i.e. actual knowledge, the same may NOTE: Being an extraordinary power, the privilege appearance is mandatory, under Sec. 22, the appearance
that the President should not be subject to the nonetheless be established through circumstantial must be wielded only by the highest official in the of department heads in the question hour is
judiciary’s whim. (Almonte, v. Vasquez, G.R. No. evidence. In the Philippines, a more liberal view is executive department. Thus, the President may not discretionary on their part.
95367, May 23, 1995) adopted and superiors may be charged with constructive authorize her subordinates to exercise such power.
2. Public convenience – The grant is to assure the knowledge. Dictated by the basic rule of construction that issuances
exercise of presidential duties and functions free 2. Executive Secretary, upon proper authorization must be interpreted, as much as possible, in a way that
from any hindrance or distraction, considering that Knowledge of the commission of irregularities, crimes or from the President will render it constitutional, the said provision must be
the presidency is a job that, aside from requiring offenses is presumed when: NOTE: Executive Secretary must state that the construed as applicable only to appearances in question
all of the office-holders’ time, demands undivided 1. The acts are widespread within the government authority is “By order of the President,” which hour under Sec. 22, not in inquiries in aid of legislation
attention. (Soliven v. Makasiar, G.R. No. 82585, Nov. official’s area of jurisdiction; means he personally consulted with the President. under Sec. 21. Congress is not bound in the latter
14, 1988) 2. The acts have been repeatedly or regularly instance to respect the refusal of the department head to
committed within his area of responsibility; or Requirement if an official is summoned by Congress appear in such inquiry, unless a valid claim of privilege is
NOTE: The immunity of the President from suit is 3. Members of his immediate staff or office personnel on a matter which in his own judgment might be subsequently made, either by the President herself or by
personal to the President. It may be invoked only by the are involved. covered by executive privilege the Executive Secretary. (Senate v. Ermita, G.R. No.
President and not by any other person. Such privilege 169777, April 20, 2006)
pertains to the President by the virtue of the office and As to the issue of failure to prevent or punish, it is He must be afforded reasonable time to inform the
may be invoked only by the holder of that office; and not important to note that as the commander-in-chief of the President or the Executive Secretary of the possible need Kinds of executive privilege
by any other person in his behalf. (Soliven v. Makasiar, armed forces, the President has the power to effectively for invoking the privilege, in order to provide the same
ibid.) command, control and discipline the military. (Rodriguez with fair opportunity to consider whether the matter 1. State secret privilege– Invoked by Presidents on the
v. GMA, G.R. Nos. 191805 & 193160, Nov. 15, 2011) indeed calls for a claim of executive privilege. If, after the ground that the information is of such nature that
Principle of command responsibility lapse of that reasonable time, neither the President nor its disclosure would subvert crucial military or
PRESIDENTIAL PRIVILEGE the Executive Secretary invokes the privilege, Congress diplomatic objectives.
It is “an omission mode of individual criminal liability,” is no longer bound to respect the failure of the official to 2. Informer’s privilege– Privilege of the government
whereby the superior is made responsible for crimes appear before Congress and may then opt to avail of the not to disclose the identity of persons who furnish

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information in violations of law to officers charged 3. The presidential communications privilege remains presumptive. Recognizing a type of information as ambassadors and consuls.
with the enforcement of the law. a qualified privilege that may be overcome by a privileged does not mean that it will be considered
3. Generic privilege for internal deliberation– Said to showing of adequate need, such that the privileged in all instances. Only after a consideration of ---
attach to intra-governmental documents reflecting information sought “likely contains important the context in which the claim is made may it be Q: Alfredo, the Chief Presidential Legal Counsel
advisory opinions, recommendations and evidence” and by the unavailability of the determined if there is a public interest that calls for the (CPLC), was also appointed as Chairman of the PCGG.
deliberations comprising part of a process by information elsewhere by an appropriate disclosure of the desired information, strong enough to May the two offices be held by the same person?
which governmental decisions and policies are investigating authority. overcome its traditionally privileged status. (AKBAYAN v.
formulated. Aquino, ibid.) A: NO. When the Chief Presidential Legal Counsel was
4. Presidential communications privilege; Presumed privilege status of presidential also appointed as Chairman of the PGCC, the Court held
5. Deliberative process privilege. (In Re: Sealed Case communications Prohibitions attached to the President, Vice- that the two offices are incompatible. Without question,
No. 96-3124, June 17, 1997) President, Cabinet Members, and their deputies or the PCGG is an agency under the Executive Department.
The presumption is based on the President’s generalized assistants, unless otherwise provided in the Thus, the actions of the PCGG Chairman are subject to
Test to determine the validity of a claim of privilege interest in confidentiality. The privilege is necessary to Constitution (1996, 1998, 2002, 2004 Bar) the review of the CPLC. (Public Interest Group v. Elma,
guarantee the candor of presidential advisors and to G.R. No. 138965, June 30, 2006)
Whether the requested information falls within one of provide the President and those who assist him with 1. Shall not receive any other emolument from the ---
the traditional privileges and whether that privilege freedom to explore alternatives in the process of shaping government or any other source. (1987 Constitution, ---
should be honored in a given procedural setting. policies and making decisions and to do so in a way Art. VII, Sec. 6) Q: The President appointed Kristina as the Acting
many could be unwilling to express except privately. The 2. Shall not hold any other office or employment Secretary of Justice. After a couple of days, the
Presidential communications privilege vs. presumption can be overcome only by mere showing of during their tenure unless: President designated her as the Acting Solicitor
Deliberative process privilege public need by the branch seeking access to a. Otherwise provided in the Constitution (e.g. VP General in a concurrent capacity. Paulina contested
conversations. The courts are enjoined to resolve the can be appointed as a Cabinet Member without the appointment of Kristina on the ground that the
BASIS PRESIDENTIAL DELIBERATIVE competing interests of the political branches of the the need of confirmation by Commission on appointment violated Sec. 13, Art. VII of the
COMMUNICATIONS PROCESS government “in a manner that preserves the essential Appointments; Sec. of Justice sits in the Judicial Constitution which expressly prohibits the
PRIVILEGE PRIVILEGE functions of each Branch.” and Bar Council) President, Vice-President, the Members of the
Includes b. The positions are ex-officio and they do not Cabinet, and their deputies or assistants from
advisory --- receive any salary or other emoluments holding any other office or employment during their
Pertains to opinions, Q: The HoRs’ House Committee conducted an inquiry therefore (e.g. Sec. of Finance as head of the tenure unless otherwise provided in the
communications, recommend on the Japan-Philippines Economic Partnership Monetary Board) Constitution. On the other hand, Kristina claims that
documents or ations and Agreement (JPEPA), then being negotiated by the according to Sec. 7, par. (2), Art. IX-B of the
other materials deliberation Philippine Government. The House Committee NOTE: This prohibition must not, however, be Constitution, her appointment to such positions is
that reflect s requested DTI USec. Aquino to furnish it with a copy construed as applying to posts occupied by the outside the coverage of the prohibition under Sec. 13
Scope of of the latest draft of the JPEPA. Arlos replied that he Executive officials without additional compensation of Art. VII as it falls into one of the exceptions as
presidential comprising
the shall provide a copy thereof once the negotiations in an ex-officio capacity, as provided by law and as being allowed by law or by the primary functions of
decision-making part of a
privilege are completed. required by the primary functions of the said her position. Does the designation of Anthony as the
and deliberations process by
that the President which official’s office. (National Amnesty Commission v. Acting Secretary of Justice, concurrently with his
believes should government A petition was filed with the SC which seeks to obtain COA, G.R. No. 156982, Sept. 2, 2004) position as Acting Solicitor General, violate the
remain al decisions a copy of the Philippine and Japanese offers constitutional prohibition against dual or multiple
confidential and policies submitted during the negotiation process and all 3. Shall not practice, directly or indirectly, any other offices for the Members of the Cabinet and their
are pertinent attachments and annexes thereto. Arlos profession during their tenure deputies and assistants?
formulated invoked executive privilege based on the ground that 4. Shall not participate in any business
To Applies to the information sought pertains to diplomatic 5. Shall not be financially interested in any contract A: YES. There is violation of the Constitution in case an
who Applies to decision- negotiations then in progress. On the other hand, with, or in any franchise, or special privilege granted Acting Secretary of Justice is designated as Acting
m decision-making of making of Akbayan for their part invoked their right to by the Government, including GOCCs Solicitor General because while all other appointive
appli the President executive information on matters of public concern. Are 6. Shall avoid conflict of interest in conduct of office officials in the civil service are allowed to hold other
cable officials matters involving diplomatic negotiations covered 7. Shall avoid nepotism. (1987 Constitution, Art. VII, office or employment in the government during their
Rooted in the by executive privilege? Sec. 13) tenure when such is allowed by law or by the primary
constitutional functions of their positions, members of the Cabinet,
Rooted in A: YES. The Court held that while it is clear that the final NOTE: The spouse and relatives by consanguinity or their deputies and assistants may do so only when
Foun principle of
common text of the JPEPA may not be kept perpetually affinity within the 4th civil degree of the President shall expressly authorized by the Constitution itself. In other
datio separation of
law confidential, the offers exchanged by the parties during not, during his tenure, be appointed as: words, Sec. 7, Art. IX-B is meant to lay down the general
n powers and the
privileges the negotiations continue to be privileged even after the a. Members of the Constitutional rule applicable to all elective and appointive public
President’s unique
JPEPA is published. Disclosing these offers could impair Commissions; officials and employees, while Sec. 13, Art. VII is meant to
constitutional role
the ability of the Philippines to deal not only with Japan b. Office of the Ombudsman; be the exception applicable only to the President, the
but also with other foreign governments in future c. Secretaries; Vice-President, and Members of the Cabinet, their
Presidential Communications Privilege
negotiations. Thus, the DTI USec. correctly invoked d. Undersecretaries; deputies and assistants.
executive privilege based on the ground that the e. Chairmen or heads of bureaus or offices,
Elements:
information sought pertains to diplomatic negotiations including GOCCs and their subsidiaries. On its face, the language of Sec. 13, Art. VII is prohibitory
then in progress. (AKBAYAN v. Aquino, G.R No. 170516, so that it must be understood as intended to be a positive
1. The protected communication must relate to a
July 16, 2008) If the spouse, etc., was already in any of the above offices and unequivocal negation of the privilege of holding
“quintessential and non-delegable presidential
--- at the time before his/her spouse became President, multiple government offices or employment.
power.”
he/she may continue in office. What is prohibited is
2. The communication must be authored or “solicited
NOTE: Such privilege is only presumptive. appointment and reappointment, not continuation in The phrase "unless otherwise provided in this
and received” by a close advisor of the President or
office. Constitution" must be given a literal interpretation to
the President himself. The judicial test is that an
Matters involving diplomatic negotiations are covered by refer only to those particular instances cited in the
advisor must be in “operational proximity” with the
executive privilege. However, such privilege is only Spouses, etc., can be appointed to the judiciary and as Constitution itself, to wit:
President.

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a. The Vice-President being appointed as a member of and power to suspend the privilege of the writ of 4. Ad-interim Appointments. prescribed by law for the position, the appointment may
the Cabinet under Sec. 3, par. (2), Art. VII; or acting habeas corpus) (1987 Constitution, Art. VII, Sec. 18) not be subject to judicial review.
as President in those instances provided under Sec. 4. Pardoning power (1987 Constitution, Art. VII, Sec. Elements in making a valid, complete, and effective
7, pars. (2) and (3), Art. VII; and 19) Presidential appointment: (ATVA) Rule on the effectivity of appointments made by an
b. The Secretary of Justice being ex-officio member of 5. Borrowing power (1987 Constitution, Art. VII, Sec. Acting President
the Judicial and Bar Council by virtue of Sect. 8 (1), 20) 1. Authority to appoint and evidence of the exercise
Art. VIII (Funa v. Agra, G.R. No. 191644, Feb. 19, 6. Diplomatic/Treaty-making power (1987 of the authority; Shall remain effective unless revoked by the elected
2013). Constitution, Art. VII, Sec. 21) 2. Transmittal of the appointment paper signed by President within 90 days from his assumption/re-
7. Budgetary power (1987 Constitution, Art. VII, Sec. the President and evidence of the transmittal; assumption. (1987 Constitution, Art. VII, Sec. 14)
Sec. 13, Art. VII undoubtedly covers the Acting Secretary 22)
of Justice as being concurrently designated as Acting 8. Informing power (1987 Constitution, Art. VII, Sec. NOTE: It is not enough that the President signs the Designation
Solicitor General; therefore, he could not validly hold any 23) appointment paper. There should be evidence that
other office or employment during his tenure as the 9. Veto power (1987 Constitution, Art. VI, Sec. 27) the President intended the appointment paper to The imposition of additional duties on a person already
Acting Solicitor General, because the Constitution has not 10. Power of general supervision over local be issued. Release of the appointment paper in the public service. It is considered only as an acting or
otherwise so provided. governments (1987 Constitution, Art. X, Sec. 4) through the Malacanang Records Office (MRO) is temporary appointment, which does not confer security
--- 11. Power to call special session (1987 Constitution, an unequivocal act that signifies the President’s of tenure on the person named. (Binamira v. Garrucho,
Art. VI, Sec. 15) intent of its issuance G.R. No. 92008, July 30, 1990)

POWERS OF THE PRESIDENT Administrative power 3. A Vacant position at the time of appointment; NOTE: The President has the power to temporarily
designate an officer already in the government service or
Power concerned with the work of applying policies and NOTE: The incumbent must first be legally any other competent person to perform the functions of
EXECUTIVE AND ADMINISTRATIVE POWERS IN enforcing orders as determined by proper governmental removed, or his appointment validly terminated, an office in the executive branch. Temporary designation
GENERAL organs. It enables the President to fix a uniform before one could be validly installed to succeed cannot exceed one year.
standard of administrative efficiency and check the him.
Executive Power official conduct of his agents. To this end, he can issue Appointments made solely by the President
administrative orders, rules and regulations. (Ople v. 4. Receipt of the appointment paper and Acceptance
Power vested in the President of the Philippines. The Torres, G.R. No. 127685, July 23, 1998) of the appointment by the appointee who 1. Those vested by the Constitution on the President
President shall have control of all executive possesses all the qualifications and none of the alone;
departments, bureaus and offices. He shall ensure that Power of administrative reorganization disqualifications 2. Those whose appointments are not otherwise
laws are faithfully executed (1987 Constitution, Art. VII, provided by law;
Sec. 17). The President has the continuing authority to reorganize NOTE: The possession of the original appointment 3. Those whom he may be authorized by law to
the national government, which includes the power to paper is not indispensable to authorize an appoint; and
Faithful Execution Clause group, consolidate bureaus and agencies, to abolish appointee to assume office. If it were 4. Those other officers lower in rank whose
offices, to transfer functions, to create and classify indispensable, then a loss of the original appointment is vested by law in the President
The power to take care that the laws be faithfully functions, services and activities and to standardize appointment paper, which could be brought about alone. (1987 Constitution, Art. VII, Sec. 16)
executed makes the President a dominant figure in the salaries and materials; it is effected in good faith if it is by negligence, accident, fraud, fire or theft,
administration of the government. The law he is for the purpose of economy or to make bureaucracy corresponds to a loss of the office. Howe ver, in Presidential appointments that need prior
supposed to enforce includes the Constitution, statutes, more efficient. (MEWAP v. Exec. Sec., G.R. No. 160093, July case of loss of the original appointment paper, the recommendation or nomination by the Judicial and
judicial decisions, administrative rules and regulations 31, 2007) appointment must be evidenced by a certified true Bar Council
and municipal ordinances, as well as treaties entered copy issued by the proper office, in this case the
into by the government. POWER OF APPOINTMENT Malacanang Records Office. 1. Members of the Supreme Court and all lower
(1991, 1994, 1999, 2002, 2005 Bar) courts (1987 Constitution, Art. VIII, Sec. 9)
Scope of executive power NOTE: Acceptance is indispensable to complete an 2. Ombudsman and his 5 deputies
Appointment appointment. Assuming office and taking the oath
1. Executive power is vested in the President of the amount to acceptance of the appointment. An oath COMMISSION ON APPOINTMENTS CONFIRMATION
Philippines. (1987 Constitution, Art. VII, Sec. 1). The selection of an individual who is to exercise the of office is a qualifying requirement for a public
2. It is not limited to those set forth in the functions of a given office. It may be made verbally but it office, a prerequisite to the full investiture of the Appointments where confirmation of the
Constitution (Residual powers). (Marcos v. is usually done in writing through what is called the office. Commission on Appointments is required (HA2O)
Manglapus, G.R. No. 88211, Oct. 27, 1989) commission.
3. Privilege of immunity from suit is personal to the Concurrence of all these elements should always 1. Heads of executive departments
President and may be invoked by him alone. It may NOTE: The appointing power of the President is apply, regardless of when the appointment is made, GR: Appointment of cabinet secretaries
also be waived by the President, as when he executive in nature. While Congress and the Constitution whether outside, just before, or during the appointment requires confirmation.
himself files suit. (Soliven v. Makasiar, G.R. No. in certain cases may prescribe the qualifications for ban. These steps in the appointment process should
82585, Nov. 14, 1988) particular offices, the determination of who among those always concur and operate as a single process. There is XPN: Vice-president may be appointed as a
who are qualified will be appointed is the President’s no valid appointment if the process lacks even one step. member of the Cabinet and such
Specific powers of the President prerogative (Pimentel v. Ermita, G.R. No. 164978, Oct. 13, And there is no need to further distinguish between an appointment requires no confirmation. [1987
2005). effective and an ineffective appointment when an Constitution, Art. VII, Sec. 3(2)]
1. Appointing power (1987 Constitution, Art. VII, Sec. appointment is valid. (Velicaria-Garafil v. Office of the
16) Kinds of Presidential appointments President, G.R. No. 203372, June 16, 2015) 2. Ambassadors, other public ministers and consuls–
2. Power of control over all executive departments, Those connected with the diplomatic and consular
bureaus and offices (1987 Constitution, Art. VII, Sec. 1. Appointments made by an Acting President; Non-justiciability of appointments services of the country.
17) 2. Midnight Appointment; (1987 Constitution, Art. VII, 3. Officers of AFP from the rank of colonel or naval
3. Commander-in-Chief powers (calling-out power, Sec. 15) Appointment is a political question. So long as the captain
power to place the Philippines under martial law, 3. Regular Presidential Appointments, with or without appointee satisfies the minimum requirements NOTE: PNP of equivalent ranks and the Philippine
the confirmation by the CA; or Coast Guard is not included.

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4. Other officers of the government whose NOTE: Being a permanent appointment, an ad interim President may appoint Acting Secretaries without A: NO. Art. VII is devoted to the Executive Department.
appointments are vested in the President in the appointee pending action by the Commission on the consent of the Commission while the Congress is Had the framers intended to extend the prohibition
Constitution (1987 Constitution, Art. VII, Sec. 16), Appointments enjoys security of tenure. (Marombhosar in session contained in Sec. 15, Art. VII to the appointment of
such as: v. CA, G.R. No. 126481, Feb. 18, 2000) Members of the Supreme Court, they could have
a. Chairmen and members of the CSC, Congress, through a law, cannot impose on the President explicitly done so. They could not have ignored the
COMELEC and COA [1987 Constitution, Art. Ad interim appointment vs. Appointment in an Acting the obligation to appoint automatically the meticulous ordering of the provisions. They would have
IX-B, C, D, Sec. 1(2)] Capacity undersecretary as her temporary alter ego. An alter ego, easily and surely written the prohibition made explicit in
b. Regular members of the JBC [1987 whether temporary or permanent, holds a position of Sec. 15, Art. VII as being equally applicable to the
Constitution, Art. VIII, Sec. 8(2)] APPOINTMENT great trust and confidence. The office of a department appointment of Members of the Supreme Court in Art.
AD INTERIM secretary may become vacant while Congress is in VIII itself, most likely in Sec. 4 (1), Art. VIII. That such
BASIS IN AN ACTING
APPOINTMENT session. Since a department secretary is the alter ego of specification was not done only reveals that the
NOTE: The enumeration is exclusive. CAPACITY
the President, the acting appointee to the office must prohibition against the President or Acting President
Appointing procedure for those that need Made at any necessarily have the President’s confidence. (Pimentel v. making appointments within two months before the next
Commission’s confirmation time there is Ermita, G.R. No. 164978, Oct. 13, 2005) presidential elections and up to the end of the
Made during the vacancy, i.e., President’s or Acting President’s term does not refer to
When made whether
1. Nomination by the President recess of Congress NOTE: Acting appointments cannot exceed one year the Members of the Supreme Court. (De Castro v. JBC, G.R.
2. Confirmation by the CA Congress is [EO 292, Book III, Title I, Chapter 5, Sec. 17 (3)] No. 191002, March 17, 2010)
3. Issuance of commission in session or ---
4. Acceptance by the appointee not Limitations on the appointing power of the President ---
Q: President Arroyo appointed Atty. Velicaria-Garafil
As to Requires Does not 1. The spouse and relatives by consanguinity or as State Solicitor II on 5 March 2010. The
NOTE: At any time, before all four steps have been
confir confirmation require affinity within the 4th civil degree of the President appointment paper was transmitted on 8 March
complied with, the President can withdraw the
matio of the confirmatio shall not, during his "tenure" be appointed as: 2010 and was received by the Malacañang Records
nomination and appointment. (Lacson v. Romero,.R. No.
n of Commission n of the a. Members of the Constitutional Commissions; Office (MRO) on 13 May 2010. Atty. Velicaria-Garafil,
L-3081, Oct. 14, 1949)
the Commission b. Member of the Office of Ombudsman; on the other hand, took her oath of office on 22
Commi c. Secretaries; March 2010 and assumed thereto 6 April 2010. The
Procedure for those that do not need the
ssion d. Undersecretaries; cut-off date for valid presidential appointments was
Commission’s confirmation
Perman Tempo e. Chairmen or heads of bureaus or offices, on 10 March 2010 or two months preceding the 10
1. Appointment ent rar including government-owned or controlled May 2010 elections. Upon assumption of President
2. Acceptance in y corporations and their subsidiaries. (1987 Aquino III, he issued E.O. No. 2 recalling,
Nature Constitution, Art. VII, Sec. 13[2]) withdrawing, and revoking all midnight
nat in
Ad interim Appointment ure nat 2. Appointments made by the acting-President shall appointments of President Arroyo which includes all
ure remain effective unless revoked within 90 days appointments bearing dates prior to 11 March 2010
Power of the President to make appointments during from assumption of office by elected President. where the appointee has accepted, or taken his oath,
the recess of Congress, but such appointments shall be Appointee Appointee (1987 Constitution, Art. VII, Sec. 14) or assumed public office on or after 11 March 2010.
As to 3. GR: Two months immediately before the next Atty. Velicaria-Garafil asserts the validity of her
effective only until disapproval by the Commission on enjoys does not
securit Presidential elections (2nd Monday of May), and appointment and now questions the
Appointments or until the next adjournment of the security of enjoy
y of up to the end of his "term" (June 30), a President constitutionality of E.O. No. 2. Decide.
Congress. (Matibag v. Benipayo, G.R. No. 149036, April 2, tenure security of
tenure (or Acting President) shall not make appointments.
2002) tenure
XPN: Temporary appointments, to executive A: E.O. No. 2 is constitutional. Atty. Velicaria-Garafil’s
Purpose of ad interim appointment Permanent Appointment vs. Temporary positions, when continued vacancies therein will appointment is a midnight appointment and is void for
Appointment prejudice public service (1987 Constitution, Art. VII, violation of Art. VII, Sec. 15 of the 1987 Constitution.
Ad interim appointments are intended to prevent a Sec. 15), e.g. Postmaster; or endanger public safety, Appointment to a government post is a process that
hiatus in the discharge of official duties. Obviously, the BASIS PERMANENT TEMPORARY e.g. Chief of Staff. (1991, 1997 Bar) takes several steps to complete. Any valid appointment,
public office would be immobilized to the prejudice of APPOINTMENT APPOINTMENT including one made under the exception provided in
the people if the President had to wait for Congress and MIDNIGHT APPOINTMENTS Section 15, Article VII of the 1987 Constitution, must
the Commission of Appointments to reconvene before he As to Extended to Given to consist of the President signing an appointee’s
could fill a vacancy occurring during the recess. (Guevara persons persons persons Prohibited appointments under Sec. 15, Art. VII of appointment paper to a vacant office, the official
v. Inocentes, G.R. No. L-25577, March 15, 1966) appointed possessing without such the Constitution transmittal of
the requisite eligibility; the appointment paper (preferably through the MRO),
Nature of ad interim appointment eligibility 1. Those made for buying votes– Refers to those receipt of the appointment paper by the appointee, and
appointments made within two months preceding acceptance of the appointment by the appointee
Not Revocable at the Presidential election and are similar to those evidenced by his or her oath of office or his or her
Ad interim appointments are permanent appointments. It
revocable at will without which are declared election offenses in the assumption to office. The purpose of the prohibition on
is permanent because it takes effect immediately and can
will the necessity Omnibus Election Code; and midnight appointments is to prevent a President, whose
no longer be withdrawn by the President once the
As to of just cause 2. Those made for partisan considerations– Consists of term is about to end, from preempting his successor by
appointee qualified into office. The fact that it is subject
acts of or a valid the so-called “midnight” appointments. (In Re: appointing his own people to sensitive positions.
to confirmation by the CA does not alter its permanent
the investigation; Hon. Valenzuela and Hon. Vallarta, A.M. No. 98-5- (Velicaria-Garafil v. Office of the President, G.R. No.
character. In cases where the term of said ad interim
appoin appointing 01-SC, Nov. 9, 1998) 203372, June 16, 2015)
appointee had expired by virtue of inaction by the
tee power has ---
Commission on Appointments, he may be reappointed to
full --- ---
the same position without violating the Constitutional
discretion to Q: Does the prohibition against appointments Q: Supposing that Atty. Velicaria-Garafil’s
provision prohibiting an officer whose term has expired
change provided under Sec. 15, Art VII of the Constitution appointment and its transmittal are made before the
from being re-appointed. (Matibag v. Benipayo, G.R. No.
130657, April 1, 2002) apply to appointments to the judiciary? ban (11 March 2010) but she took her oath and
(See further discussion under Law on Public Officers) assumed (acceptance of appointment) as State

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Solicitor II only after the ban, is the appointment still 2. Being executive in nature, it is implied from the the President (OP) which reversed the DTI’s
a midnight appointment? constitutional provision vesting the executive decision. Emmanuel elevated the matter before the “Doctrine of Qualified Political Agency” or “Alter Ego
power in the President. CA through Rule 65 and argued that the OP had no Principle” (2014, 2015 Bar)
A: YES. The President exercises only one kind of 3. It may be implied from his function to take care appellate jurisdiction over DTI’s decision. The OP
appointing power. There is no need to differentiate the that laws be properly executed; for without it, his countered that it has an appellate jurisdiction over The acts of the secretaries of the Executive departments
exercise of the President’s appointing power outside, just orders for law enforcement might not be DTI on the ground that the President’s power of performed and promulgated in the regular course of
before, or during the appointment ban. The Constitution effectively carried out. control over the executive department grants him business are presumptively the acts of the Chief
allows the President to exercise the power of 4. The power may be implied from the President’s the power to amend, modify, alter or repeal Executive. (Villena v. Sec. of the Interior, G.R. No. L-46570,
appointment during the period not covered by the control over the administrative departments, decisions of the department secretaries. Decide. April 21, 1939)
appointment ban, and disallows (subject to an exception) bureaus, and offices of the government. Without
the President from exercising the power of appointment the power to remove, it would not be always A: Emmanuel is correct. The executive power of control Essence of the Alter Ego doctrine
during the period covered by the appointment ban. The possible for the President to exercise his power of over the acts of department secretaries is laid down in
concurrence of all steps in the appointment process control. Section 17, Article VII of the 1987 Constitution. The Since the President is a busy man, he is not expected to
is admittedly required for appointments outside the power of control has been defined as the "power of an exercise the totality of his power of control all the time.
appointment ban. There is no justification whatsoever NOTE: Members of the career service of the Civil Service officer to alter or modify or nullify or set aside what a He is not expected to exercise all his powers in person.
to remove acceptance as a requirement in the who are appointed by the President may be directly subordinate officer had done in the performance of his He is expected to delegate some of them to men of his
appointment process for appointments just before the disciplined by him. (Villaluz v. Zaldivar, G.R. No. L-22754, duties and to substitute the judgment of the former for confidence, particularly to members of his Cabinet.
start of the appointment ban, or during the appointment Dec. 31, 1965) provided that the same is for cause and in that of the latter."
ban in appointments falling within the exception. The accordance with the procedure prescribed by law. NOTE: Applying this doctrine, the power of the President
existence of the appointment ban makes no difference in Such "executive control" is not absolute. The definition to reorganize the National Government may be validly
the power of the President to appoint; it is still the same Members of the Cabinet and such officers whose of the structure of the executive branch of government, delegated to his Cabinet Members exercising control
power to appoint. In fact, considering the purpose of continuity in office depend upon the President may be and the corresponding degrees of administrative control over a particular executive department. (DENR v. DENR
the appointment ban, the concurrence of all steps in replaced at any time. Legally speaking, their separation and supervision is not the exclusive preserve of the Region XII Employees, G.R. No. 149724, Aug. 19, 2003)
the appointment process must be strictly applied on is effected not by the process of removal but by the executive. It may be effectively limited by the
appointments made just before or during the expiration of their term. (Aparri v. CA, G.R. No. L-30057, Constitution, by law, or by judicial decisions. All the more ---
appointment ban. (Velicaria-Garafil v. Office of the Jan. 31, 1984) in the matter of appellate procedure as in the instant Q: The Toll Regulatory Board (TRB) and PNCC
President, ibid.) case. Appeals are remedial in nature; hence, executed the Amendment to the Supplemental Toll
--- The President has no disciplinary authority over the constitutionally subject to this Court’s rulemaking Operation Agreement (ASTOA). The ASTOA
Ombudsman power. The Rules of Procedure was issued by the Court incorporated the amendments to cover the design
Prohibition on midnight appointments only applies pursuant to Section 5, Article VIII of the Constitution, and construction of Stage 2 of the South Metro
to presidential appointments Sec. 8(2) of RA 6770 vesting disciplinary authority on the which expressly empowers the Supreme Court to Manila Skyway. The DOTC Secretary then approved
President over the Deputy Ombudsman violates the promulgate rules concerning the procedure in all courts. the ASTOA. Risa Hontiveros assailed the DOTC
The prohibition on midnight appointments only applies independence of the Office of the Ombudsman and is, Secretary’s approval on the ground that it could not
to presidential appointments. It does not apply to thus, unconstitutional. Parenthetically, Administrative Order (A.O.) No. 18 take the place of the presidential approval required
appointments made by local chief executives. expressly recognizes an exception to the remedy of under P.D. 1113 and P.D. 1894 concerning the
Nevertheless, the Civil Service Commission has the Subjecting the Deputy Ombudsman to discipline and appeal to the Office of the President from the decisions of franchise granted to PNCC. Is Risa Correct?
power to promulgate rules and regulations to removal by the President, whose own alter egos and executive departments and agencies. Under Section 1
professionalize the civil service. It may issue rules and officials in the Executive Department are subject to the thereof, a decision or order issued by a department or A: NO. The doctrine of qualified political agency declares
regulations prohibiting local chief executives from Ombudsman's disciplinary authority, cannot but agency need not be appealed to the Office of the that, save in matters on which the Constitution or the
making appointments during the last days of their seriously place at risk the independence of the Office of President when there is a special law that provides for a circumstances require the President to act personally,
tenure. Appointments of local chief executives must the Ombudsman itself. The law directly collided not only different mode of appeal. executive and administrative functions are exercised
conform to these civil service rules and regulations in with the independence that the Constitution guarantees through executive departments headed by cabinet
order to be valid (Provincial Government of Aurora v. to the Office of the Ombudsman, but inevitably with the In this case, a special law, RA 7394, expressly provided secretaries, whose acts are presumptively the acts of the
Marco, G.R. No. 202331, April 22, 2015). principle of checks and balances that the creation of an for immediate judicial relief from decisions of the DTI President unless disapproved by the latter. There can be
Ombudsman office seeks to revitalize. What is true for Secretary by filing a petition for certiorari with the no question that the act of the secretary is the act of the
POWER OF REMOVAL the Ombudsman must be equally and necessarily true for "proper court." Hence, private respondent should have President, unless repudiated by the latter. In this case,
her Deputies who act as agents of the Ombudsman in the elevated the case directly to the CA through a petition for approval of the ASTOA by the DOTC Secretary had the
Power of Removal performance of their duties (Gonzales III v. Ochoa, G. R. certiorari. (Moran v. Office of the President, G.R. No. same effect as approval by the President. The same
No. 196231; Barreras-Sulit v. Ochoa, G.R. No. 196232; Feb. 192957, Sept. 29, 2014) would be true even without the issuance of E.O. 497, in
GR: From the express power of appointment, the 26, 2014). --- which the President, on 24 January 2006, specifically
President derives the implied power of removal. delegated to the DOTC Secretary the authority to
POWER OF CONTROL AND SUPERVISION NOTE: The President’s power over GOCCs comes from approve contracts entered into by the TRB. Risa’s
XPN: Not all officials appointed by the President are also statute, not from the Constitution, hence, it may be taken reliance on P.D. 1113 and P.D. 1894 is misplaced. When
removable by him since the Constitution prescribes Power of Control away by statute. we say that the approval by the DOTC Secretary in this
certain methods for the separation from the public case was approval by the President, it was not in
service of such officers The power of an officer to alter or modify or nullify or to The President has full control of all the members of his connection with the franchise of PNCC, as required under
e.g. impeachment set aside what a subordinate has done in the Cabinet. He may appoint them as he sees fit, shuffle them P.D. 1113 and P.D. 1894. Rather, the approval was in
performance of his duties and to substitute one’s own at pleasure, and replace them in his discretion without connection with the powers of the TRB to enter into
Source of the President’s Power of Removal judgment for that of a subordinate. any legal inhibition whatever. However, such control is contracts on behalf of the government as provided under
exercisable by the President only over the acts of his Section 3(a) of P.D. 1112. (Hontiveros-Baraquel v. Toll
The President derives his implied power of removal from --- subordinates and not necessarily over the subordinate Regulatory Board, G.R. No. 181293, February 23, 2015)
other powers expressly vested in him. Q: Emmanuel sued PGA Cars before the DTI pursuant himself. (Ang-Angco v. Castillo, G.R. No.L-17169, Nov. 30, ---
1. It is implied from his power to appoint. to the Consumer Act (R.A. 7394) due to the defect in 1963)
the BMW he bought from the latter. DTI sided with XPNs to the Alter Ego doctrine
Emmanuel. PGA Cars appealed before the Office of DOCTRINE OF QUALIFIED POLITICAL AGENCY

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1. If the acts are disapproved or reprobated by the The power of a superior officer to ensure that the laws NOTE: The power of supervision does not include the
President; are faithfully executed by subordinates. power of control; but the power of control necessarily Requisites for the suspension of the privilege of the
2. If the President is required to act in person by law includes the power of supervision. writ of habeas corpus
or by the Constitution. The power of the President over LGUs is only of general
e.g. executive clemency supervision. Thus, he can only interfere in the affairs and MILITARY POWERS 1. There must be an invasion or rebellion; and
activities of a LGU if he finds that the latter acted In re COMMANDER-IN-CHIEF POWERS 2. Public safety requires the suspension
--- contrary to law. (1991, 1997, 2000, 2006, 2015 Bar)
Q; Atty. Alcantara questioned R.A. 9337 which NOTE: The invasion and rebellion must be actual and
authorizes the President, upon recommendation of The President or any of his alter egos cannot interfere in Scope of the President’s Commander-in-Chief Powers not merely imminent.
the Secretary of Finance, to raise the VAT rate to local affairs as long as the concerned LGU acts within the
12%. Atty. Alcantara argues that said law is parameters of the law and the Constitution. Any 1. COMMAND OF THE ARMED FORCES – absolute Non-impairment of the right to bail
unconstitutional since the law effectively nullified directive, therefore, by the President or any of his alter authority over the persons and actions of the
the President’s power of control over the Secretary egos seeking to alter the wisdom of a law-conforming members of the armed forces. (Gudani v. Senga, G.R. The right to bail shall not be impaired even when the
of Finance by mandating the raising of the VAT rate judgment on local affairs of a LGU is a patent nullity, No. 170165, Aug. 15, 2006) privilege of the writ of habeas corpus is suspended. (1987
upon the latter’s recommendation. Is Atty. Alcantara because it violates the principle of local autonomy, as well Constitution, Art. III, Sec. 13)
correct? as the doctrine of separation of powers of the executive NOTE: By making the President the Commander-
and the legislative departments in governing municipal in-Chief of all the armed forces, the principle Limitations on the suspension of the privilege of writ
A: NO. In making his recommendation to the President, corporations. (Dadole v. COA, G.R. No. 125350, Dec. 3, announced in Sec. 3, Art. II is bolstered. Thus, the of habeas corpus
the Secretary of Finance is not acting as the alter ego of 2002) Constitution lessens the danger of a military take-
the President or even her subordinate. In such instance, over of the government in violation of its 1. Applies only to persons judicially charged for
he is not subject to the power of control and direction of Control vs. Supervision republican nature. rebellion or offenses inherent in or directly
the President. He is acting as the agent of the legislative connected with invasion; and
department, to determine and declare the event upon BASIS CONTROL SUPERVISION The President as Commander-in-Chief can prevent 2. Anyone arrested or detained during suspension
which its expressed will is to take effect. The Secretary of the Army General from appearing in a legislative must be charged within 3 days. Otherwise, he
Finance becomes the means or tool by which legislative The investigation and, if disobeyed, can subject him to should be released.
policy is determined and implemented, considering that supervisor court martial. (Gudani v. Senga, G.R. No. 170165,
he possesses all the facilities to gather data and or Aug. 15, 2006) Role of the Supreme Court in reviewing the factual
information and has a much broader perspective to An superintend bases of the promulgation of a suspension of the
properly evaluate them. Thus, being the agent of officer in ent merely 2. CALLING-OUT POWERS – Call the armed forces to privilege of the writ of habeas corpus
Congress and not of the President, the President cannot control sees to it prevent or suppress lawless violence, invasion, or
alter or modify or nullify, or set aside the findings of the Nature lays that the rebellion. The only criterion for the exercise of this Although the Constitution reserves to the Supreme Court
Secretary of Finance and to substitute the judgment of down the rules are power is that whenever it becomes necessary. the power to review the sufficiency of the factual basis of
the former for that of the latter. (ABAKADA v. Exec. Sec., rules in followed, the proclamation or suspension in a proper suit, it is
G.R. No. 168056, Sept. 1, 2005) the doing but he NOTE: The declaration of a state of emergency is implicit that the Court must allow Congress to exercise
--- of an act. himself merely a description of a situation which its own review powers, which is automatic rather than
does not lay authorizes her to call out the Armed Forces to help initiated. Only when Congress defaults in its express
NOTE: As a rule, an aggrieved party need not appeal to down such the police maintain law and order. It gives no new duty to defend the Constitution through such review
the Office of the President the decision of a cabinet rules. power to her, nor to the police. Certainly, it does should the Supreme Court step in as its final
secretary and may file a petition for certiorari directly not authorize warrantless arrests or control of rampart. The constitutional validity of the President’s
The media. (David v. GMA, G.R. No. 171409, May 3, 2006) proclamation of martial law or suspension of the writ
with the court assailing the act of the said secretary. His
If the supervisor (2015 Bar) of habeas corpus is first a political question in the
acts are presumed to be of the President’s unless
rules are does not hands of Congress before it becomes a justiciable one
disapproved or reprobated by him. (Manubay v. Garilao,
not have the The Constitution does not require the President to in the hands of the Court. (Fortun v. GMA, G.R. No.
G.R. No. 140717, April 16, 2009)
followed, discretion declare a state of rebellion to exercise her calling 190293, March 20, 2012)
the to modify out power. Sec. 18, Art. VII grants the President, as
EXECUTIVE DEPARTMENTS AND OFFICES
officer in or replace Commander-in-Chief a “sequence” of “graduated 3. He may proclaim MARTIAL LAW over the entire
control them. If the powers.” (Sanlakas v. Exec. Sec., G.R. No. 159085, Philippines or any part thereof.
Department Heads may exercise power of control in
may, in rules are Feb. 3, 2004) (2015 Bar)
behalf of the President including the power to
his not Nature of martial law
reverse the judgment of an inferior officer.
As to discretio observed, 3. SUSPENSION of the privilege of the writ of
discret n, order he may habeas corpus Martial law is a joint power of the President and the
For instance, the Sec. of Justice may reverse the
ion of the act order the Congress. Thus: (60-48-24-jointly)
judgment of a prosecutor and direct him to withdraw
the undone work done NOTE: What is permitted to be suspended by the 1. The President’s proclamation or suspension is
information already filed. One, who disagrees, however,
officer or re- or re-done President is not the writ itself but its privilege. temporary, good for only 60 days;
may appeal to the Office of the President in order to
done by but only to 2. He must, within 48 hours of the proclamation or
exhaust administrative remedies prior filing to the court.
his conform to WRIT OF HABAES PRIVILEGE OF THE suspension, report his action in person or in
subordin the CORPUS WRIT writing to Congress;
Also, the Executive Secretary when acting “by authority
ate or he prescribed an order from the court 3. Both houses of Congress, if not in session must
of the President” may reverse the decision of another
may rules. commanding a detaining that portion of jointly convene within 24 hours of the
department secretary. (Lacson-Magallanes v. Paño, G.R.
even (Drilon v. officer to inform the the writ proclamation or suspension for the purpose of
No. L-27811, Nov. 17, 1967)
decide to Lim, G.R. No. court if he has the person requiring the reviewing its validity; and
do it 112497, in custody, and what his detaining officer 4. The Congress, voting jointly, may revoke or affirm
LOCAL GOVERNMENT UNITS
himself. Aug. 4, basis is in detaining that to show cause the President’s proclamation or suspension, allow
1994) person. why he should their limited effectivity to lapse, or extend the same
Power of General Supervision
not be tested. if Congress deems warranted.

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President Duterte declared a state of martial law and President. As in the case where the President did not NOTE: Because pardon is an act of grace, no legal power
It is evident that under the 1987 Constitution the suspended the privilege of the writ of habeas corpus proclaim a national emergency but only a state of can compel the President to give it. Congress has no
President and the Congress exercise the power in the whole of Mindanao, invoking as factual basis a emergency in 3 places in Mindanao and she did not act authority to limit the effects of the President’s pardon, or
sequentially and jointly since, after the President has written report pointing out that for decades, pursuant to any law enacted by Congress that authorized to exclude from its scope any class of offenders. Courts
initiated the proclamation or the suspension, only the Mindanao has been plagued with rebellion and her to exercise extraordinary powers. (Ampatuan v. Hon. may not inquire into the wisdom or reasonableness of
Congress can maintain the same based on its own lawless violence which only escalated and worsened Puno, G.R. No. 190259, June 7, 2011) any pardon granted by the President.
evaluation of the situation on the ground, a power that with the passing of time and the strategic location of
the President does not have. (Fortun v. GMA, ibid.) Marawi City and its crucial role in Mindanao and the --- Purpose of pardon
Philippines as a whole. Is the factual basis for the Q: May the President, in the exercise of peace
Guidelines in the declaration of martial law proclamation sufficient, and therefore negotiations, agree to pursue reforms that would To relieve the harshness of the law or correcting
(IR-PS-60-48-jointly) constitutional? require new legislation and constitutional mistakes in the administration of justice. The power of
amendments, or should the reforms be restricted executive clemency is a non-delegable power and must
1. There must be an Invasion or Rebellion, and A: YES. The President deduced from the facts available to only to those solutions which the present laws allow? be exercised by the President personally.
2. Public Safety requires the proclamation of martial him that there was an armed public uprising, the
law all over the Philippines or any part thereof. culpable purpose of which was to remove from the A: If the President is to be expected to find means for NOTE: Clemency is not a function of the judiciary; it is an
3. Duration: Not more than 60 days following which allegiance to the Philippine Government a portion of its bringing this conflict to an end and to achieve lasting executive function. The grant is discretionary, and may
it shall be automatically lifted unless extended by territory and to deprive the Chief Executive of any of his peace in Mindanao, then he must be given the leeway to not be controlled by the legislature (Congress) as to limit
Congress. powers and prerogative, leading the President to believe explore, in the course of peace negotiations, solutions the effects of the President’s pardon, or to exclude from
4. Duty of the President to report to Congress: within that there was probable cause that the crime of rebellion that may require changes to the Constitution for their its scope any class of offenders. Also, the Courts may not
48 hours personally or in writing. was and is being committed and that public safety implementation. So long as the President limits himself inquire into the wisdom or reasonableness of any pardon
5. Authority of Congress to affirm or revoke or allow requires the imposition of martial law and suspension of to recommending these changes and submits to the granted by the President or have it reversed, save only
the lapse or extend the effectivity of proclamation: the privilege of the writ of habeas corpus. Section 18, proper procedure for constitutional amendment and when it contravenes its limitations. It includes cases
by majority vote of all of its members voting Article VII of the Constitution itself sets the parameters revision, his mere recommendation need not be involving both criminal and administrative cases.
jointly. for determining the sufficiency of the factual basis for the construed as unconstitutional act. Given the limited
declaration of martial law and/or the suspension of the nature of the President’s authority to propose Kinds of executive clemency (FPARC)
NOTE: Once revoked by Congress, the President cannot privilege of the writ of habeas corpus, namely (1) actual constitutional amendments, he cannot guarantee to any
set aside the revocation. invasion or rebellion, and (2) public safety requires the third party that the required amendments will 1. Pardons (conditional or plenary);
exercise of such power. Without the concurrence of the eventually be put in place, nor even be submitted to a 2. Reprieves;
Limitations on the declaration of martial law two conditions, the President's declaration of martial law plebiscite. The most she could do is submit these 3. Commutations;
and/or suspension of the privilege of the writ of habeas proposals as recommendations either to Congress or the 4. Remission of Fines and Forfeitures; and
1. It does not suspend the operation of the corpus must be struck down. A review of the aforesaid people, in whom constituent powers are vested. 5. Amnesty
Constitution; facts similarly leads the Court to conclude that the (Province of North Cotabato v. GRPs Peace panel on
2. It does not supplant the functioning of the civil President, in issuing Proclamation No. 216, had sufficient Ancestral Domain, G.R. No. 183591, Oct. 14, 2008) NOTE:
courts or legislative assemblies; factual bases tending to show that actual rebellion --- Executive Clemency Requirement
3. It does not authorize conferment of jurisdiction exists. The President's conclusion, that there was an
over civilians where civil courts are able to armed public uprising, the culpable purpose of which Role of the Supreme Court in inquiring into the Pardons
function; was the removal from the allegiance of the Philippine factual bases of the President’s declaration of a state
Reprieves Requires
Government a portion of its territory and the deprivation of national emergency
convictio
NOTE: Civilians cannot be tried by military courts of the President from performing his powers and Commutations n by final
if the civil courts are open and functioning. (Open prerogatives, was reached after a tactical consideration While it is true that the Court may inquire into the
judgmen
Court Doctrine). (Olaguer v. Military Commission of the facts. In fine, the President satisfactorily factual bases for the President’s exercise of the above Remission of Fines t
No. 34, G.R. No. L-54558, May 22, 1987) discharged his burden of proof. After all, what the power, it would generally defer to her judgment on the and Forfeitures
President needs to satisfy is only the standard of matter. It is clearly to the President that the Constitution
4. It does not automatically suspend the privilege of probable cause for a valid declaration of martial law and entrusts the determination of the need for calling out the Requires
the writ of habeas corpus. (1987 Constitution, Art. suspension of the privilege of the writ of habeas corpus. armed forces to prevent and suppress lawless concurre
Amnesty
VII, Sec. 18 (2)] (Lagman v. Medialdea, G.R. No. 231658, 04 July 2017) violence. Unless it is shown that such determination was nce of
--- attended by grave abuse of discretion, the Court will Congress
NOTE: When martial law is declared, no new powers are accord respect to the President’s judgment. (Ampatuan v.
given to the President; no extension of arbitrary Actual use of the Armed Forces NOT subject to Hon. Puno, G.R. No. 190259. June 7, 2011) LIMITATIONS ON THE PRESIDENT’S PARDONING
authority is recognized; no civil rights of individuals are judicial review POWER
suspended. The relation of the citizens to their State is PARDONING POWER (CAN-F, CANNOT-CLIEP) (2015 BAR)
unchanged. The Supreme Court cannot rule upon the While the suspension of the privilege of the writ of (1993, 1995, 1997, 1999, 2005, 2015)
correctness of the President’s actions but only upon its habeas corpus and the proclamation of martial law is 1. Can be granted only after convictions by Final
arbitrariness. subject to judicial review, the actual use by the President Pardon judgment
of the armed forces is not. Thus, troop deployments in XPN: AMNESTY
Ways to lift the proclamation of martial law times of war are subject to the President’s judgment and An act of grace, which exempts individual on whom it is 2. Cannot be granted in cases of civil or legislative
discretion. (IBP v. Zamora, G.R. No. 141284, Aug. 15, 2000) bestowed from punishment, which the law inflicts for a Contempt.
1. Lifting by the President himself crime he has committed. As a consequence, pardon 3. Cannot absolve convict of civil Liability.
2. Revocation by Congress Calling out power does not need Congressional granted after conviction frees the individual from all the 4. Cannot be granted in cases of Impeachment.
3. Nullification by the SC authority penalties and legal disabilities and restores him to all his (1987 Constitution, Art. VII, Sec. 19)
4. By operation of law after 60 days civil rights. But unless expressly grounded on the 5. Cannot be granted for violations of Election laws
There is no need for congressional authority to exercise person’s innocence (which is rare), it cannot bring back without favorable recommendations of the
--- the calling out power of the President since calling out of lost reputation for honesty, integrity and fair dealing. COMELEC.
Q: In light of recent attacks in Marawi City by the the armed forces to prevent or suppress lawless violence (Monsanto v. Factoran, G.R. No. 78239, Feb. 9, 1989) Ratio: The COMELEC is an independent body.
Maute group and other terrorist organizations, is a power that the Constitution directly vests in the 6. Cannot restore Public offices forfeited.

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NOTE: In this sense, an absolute pardon is similar Thus, Atty. Risos-Vidal and former Manila Mayor Lim’s
Kinds of pardon to commutation, which is also not subject to contentions that the said pardon granted was a Merely prevents the collection of fines or the
acceptance by the offender. conditional pardon as it did not expressly provide for the confiscation of forfeited property. It cannot have the
As to presence of condition: remission of the penalty of perpetual absolute effect of returning property which has been vested in
a. Absolute pardon– One extended without any Pardon does not ipso facto restore former office and disqualification especially the restoration of the right to third parties or money already in the public treasury.
conditions; totally extinguishes criminal liability his rights and privileges vote and be voted for public office, as required by the
(See: RPC, Art. 89[4]). RPC and that the third preambular clause in the pardon, NOTE: The power of the President to remit fines and
b. Conditional pardon – One under which the convict Pardon does not ipso facto restore a convicted felon which states that Estrada had publicly committed to no forfeitures may not be limited by any act of Congress. But
is required to comply with certain requirements. neither to his former public office nor to his rights and longer seek any elective position or office, disqualifies a statute may validly authorize other officers, such as
privileges, which were necessarily relinquished or him from the post of Mayor are untenable. (Risos-Vidal v. department heads or bureau chiefs, to remit
--- forfeited by reason of the conviction although such Estrada, G.R. No. 206666, Jan. 21, 2015) administrative fines and forfeitures.
Q: Mateo was convicted of Homicide but was later on pardon undoubtedly restores his eligibility to that office. ---
granted conditional pardon by the president. When (Monsanto v. Factoran, G.R. No. 78239, Feb. 9, 1989) Probation
Mateo was filling up his personal data sheet for FORMS OF EXECUTIVE CLEMENCY
employment in public office, he did not disclose the --- A disposition under which a defendant after conviction
existence of a prior criminal conviction for homicide. Q: Former President Estrada was convicted of the 1. Reprieve and sentence is released subject to conditions imposed
Can Mateo be employed as a public employee? crime of plunder by the Sandiganbayan. He was 2. Commutations by the court and to the supervision of a probation officer.
granted an executive clemency by Former President 3. Remission of fines and forfeitures
A: NO. The pardon granted to Mateo is one of Macapagal-Arroyo. In 2013, he ran for the position of 4. Probation NOTE: It is not a right granted to a convicted offender; it
Conditional Pardon, the pardon did not expressly remit Mayor of Manila, and won the election. 5. Parole is a special privilege granted by the State to a penitent
the accessory penalty of Homicide which is perpetual 6. Amnesty qualified offender, who does not possess the
absolute disqualification from holding public office or Atty Risos-Vidal, and, former Mayor of Manila, disqualifications under P.D. No. 968, as amended.
employment. (Mateo v. Executive Secretary, G.R. No. Alfredo Lim question the eligibility of Estrada to hold Likewise, the Probation Law is not a penal law for it to be
177875, Aug 8, 2016) an elective post. They contend that the pardon Reprieve liberally construed to favor the accused. (Maruhom v.
--- granted by Pres. Arroyo to the latter was a People, G.R. No. 206513, Oct. 20, 2015)
conditional pardon as it did not expressly provide The postponement of sentence to a date certain, or stay
As to effect: for the remission of the penalty of perpetual of execution. Probation vs. Pardon
a. Plenary pardon– Extinguishes all the penalties absolute disqualification especially the restoration
imposed upon the offender, including accessory of the right to vote and be voted for public office, as NOTE: It may be ordered to enable the government to BASIS PROBATION PARDON
disabilities required by Articles 36 and 41 of the Revised Penal secure additional evidence to ascertain the guilt of the
b. Partial pardon– Does not extinguish all the Code. convict or, in the case of the execution of the death Nature
sentence upon a pregnant woman, to prevent the killing Judicial in Executive
penalties; partially extinguishes criminal liability.
of her unborn child. nature in nature
[See: RPC, Art. 94(1)] They further contend that the third preambular
clause in the pardon, which states that Estrada had May be Requires
NOTE: A judicial pronouncement that a convict who was publicly committed to no longer seek any elective Commutation When
granted conviction
granted a pardon subject to the condition that he should position or office, disqualifies him from the post of applica
after actual by final
not again violate any penal law is not necessary before Mayor. Is the contention of the petitioners tenable? The reduction or mitigation of the penalty, from death ble
service of judgment
he can be declared to have violated the condition of her penalty to life imprisonment, remittances and fines.
sentence
pardon. (Torres v. Gonzales, G.R. No. L-76872, July 23, A: NO. Former President Estrada, who was convicted for Commutation is a pardon in form but not in substance,
1987) the crime of plunder by the Sandiganbayan, was granted because it does not affect his guilt; it merely reduces the
Parole
an absolute pardon that fully restored all his civil and penalty for reasons of public interest rather than for the
Effects of the grant of pardon political rights, which naturally includes the right to seek sole benefit of the offender.
The suspension of the sentence of a convict granted by a
public elective office. The wording of the pardon Parole Board after serving the minimum term of the
The grant of pardon from the President: extended to him is complete, unambiguous and NOTE: Commutation does not have to be in any
indeterminate sentence penalty, without granting a
1. Frees the individual from all the penalties and legal unqualified. He is therefore eligible for the post of Mayor particular form. Thus, the fact that a convict was released
pardon, prescribing the terms upon which the sentence
disabilities imposed upon him by the sentence, and of Manila. after 6 years and placed under house arrest, which is not
shall be suspended.
NOTE: RPC, Article 36. Pardon; its effect: A pardon The pardoning power of the President cannot be a penalty, already leads to the conclusion that the
shall in no case exempt the culprit from the limited by legislative action. It is a presidential penalty has been shortened.
payment of the civil indemnity prerogative, which may not be interfered with by
2. Restores to him all his civil and political rights. Congress or the Court, except when it exceeds the limits Judicial power to pass upon the validity of the
NOTE: RPC, Article 36. Pardon; its effect: A pardon provided by the Constitution. Articles 36 and 41 of the actions of the President in granting executive
shall not work the restoration of the right to hold RPC should thus be construed in a way that will give full clemency
public office, or the right of suffrage, unless such effect to the executive clemency instead of indulging
rights be expressly restored by the terms of the in an overly strict interpretation that may serve to The SC is not deciding a political question in reviewing
pardon. impair or diminish the import of the pardon which the correctness of the action of the President in granting
emanated from the Office of the President, and duly executive clemency by commuting the penalty of
Options of the convict when granted pardon signed by the Chief Executive herself. dismissal to a dismissed clerk of court. What it is
deciding is whether or not the President has the power
1. Conditional Pardon– The offender has the right to The third preambular clause is not an integral part of the to commute the penalty of the said clerk of court. As
reject it since he may feel that the condition decree of the pardon and therefore, does not by itself stated in Daza v. Singson (G.R. No. 87721-30, Dec. 21,
imposed is more onerous than the penalty sought operate to make the pardon conditional or to make its 1989), it is within the scope of judicial power to pass
to be remitted. effectivity contingent upon the fulfillment of the upon the validity of the actions of the other
2. Absolute Pardon– The pardonee has no option at commitment nor to limit the scope of the pardon. departments of the Government.
all and must accept it whether he likes it or not.
Remission of fines and forfeitures

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Parole vs. Pardon judicial notice proved constitutes enforceable domestic law (Nicolas v. 6. Decide that a diplomatic officer who has become
of Romulo, G.R. No. 175888, Feb. 11, 2009). Persona non grata be recalled.
BASIS PAROLE PARDON 7. Recognize governments and withdraw recognition.
Looks Looks forward Requisites of Executive Agreement (under
backward and and relieves the Vienna Convention): POWERS RELATIVE TO APPROPRIATION MEASURES
As to
Release of a Release of puts to pardonee of the
perspective
convict from convict from oblivion the consequence of a) The agreement must be between states; 1. The President recommends the appropriation for
Effect imprisonment conviction offense itself the offense b) It must be written; and the operation of the Government as specified in the
and is not a c) It must be governed by international law budget. [1987 Consitution, Art. VI, Sec. 25(1)]
restoration of May be granted Only granted (China National Machinery and Equipment 2. The President, may, by law, be authorized to
his liberty When before or after after conviction Corporation v. Sta. Maria, G.R. No. 185572, augment any item in the general appropriations
granted conviction by final Feb. 7, 2012). law for his respective office from savings in other
In custody of Sentence is judgment items of his respective appropriations. [1987
the law but no condoned, Role of the Senate Consitution, Art. VI, Sec. 25(5); Demetria v. Alba, G.R.
longer under subject to Need not Must be
As to No. 71977, February 27, 1987 and Araullo v. Aquino
confinement reinstatement in be accepted
acceptance The role of the Senate, however, is limited only to III, G.R. No. 209287, July 1, 2014]
Nature case of violation accepted
giving or withholding its consent, or concurrence, to 3. The President shall have the power to veto any
of the condition the ratification. It should be emphasized that under particular item or items in an appropriation,
that may have NOTE: The right to the benefits of amnesty, once
our Constitution, the power to ratify is vested in the revenue, or tariff bill, but the veto shall not affect
been attached to established by the evidence presented either by the
President, subject to the concurrence of the Senate. the item or items to which he does not object.
the pardon complainant or prosecution, or by the defense, cannot
[1987 Consitution, Art. VI, Sec. 27(2)]
be waived, because it is of public interest that a person
Hence, it is within the authority of the President to 4. Power to execute or implement GAA through a
who is regarded by the Amnesty Proclamation which has
refuse to submit a treaty to the Senate or, having program of expenditures to be approved by the
Amnesty the force of a law, not only as innocent, for he stands in
secured its consent for its ratification, refuse to President. (TESDA v. COA, G.R. No. 196418, Feb. 10,
the eyes of the law as if he had never committed any
ratify it. Although the refusal of a state to ratify a 2015)
The grant of general pardon to a class of political punishable offense. (Barrioquinto v. Fernandez, G.R. No.
treaty which has been signed in its behalf is a
offenders either after conviction or even before the L-1278, Jan. 21, 1949)
serious step that should not be taken lightly, such DELEGATED POWERS
charges is filed. It is the form of executive clemency decision is within the competence of the President (Please see earlier discussion on Delegation of Powers
which under the Constitution may be granted by the DIPLOMATIC POWERS
alone. (Pimentel v. Exec. Sec., G.R. No. 158088, July 6, under General Considerations)
President only with the concurrence of the legislature. (1994, 1996, 2003, 2008, 2015)
2005)
VETO POWERS
Requisites of amnesty Sources of the President’s diplomatic powers
2. Appoint ambassadors, other public ministers, and (Please see earlier discussion on Presidential Veto and
consuls. Congressional Override under the Legislative Department)
1. Concurrence of a majority of all the members of 1. The Constitution
3. Receive ambassadors and other public ministers
Congress (1987 Constitution, Art. VII, Sec. 19); and 2. The status of sovereignty and independence
accredited to the Philippines. RESIDUAL POWER
2. A previous admission of guilt. (Vera v. People, G.R. 4. Contract and guarantee foreign loans on behalf of
No. L-18184, Jan. 31, 1963) NOTE: By reason of the President's unique position as
RP. (1987 Constitution, Art. VII, Sec. 20) (1994, 1999 The powers of the President cannot be said to be limited
Head of State, he is the logical choice as the nation's chief
Bar) only to the specific power enumerated in the
Effects of the grant of amnesty architect of or spokesman in foreign relations. The
5. Deport aliens – Constitution. Executive power is more than the sum of
Senate, on the other hand, is granted the right to share in
a. This power is vested in the President by virtue specific powers so enumerated. The framers did not
The total extinguishment of the criminal liability and of the treaty-making power of the President by concurring
of his office, subject only to restrictions as may intend that by enumerating the powers of the President
the penalty and all its effects. Amnesty reaches back to with him with the right to amend.
be provided by legislation as regards to the
the past and erases whatever shade of guilt there was. In grounds for deportation (Revised
the eyes of the law, a person granted amnesty is Scope of the foreign relations powers of the
Administrative Code, Sec. 69). he shall exercise those powers and no other. Whatever
considered a new-born child. President (N-ARC-DP-Reco)
b. In the absence of any legislative restriction to power inherent in the government that is neither
authority, the President may still exercise this legislative nor judicial has to be executive. These
Amnesty vs. Pardon 1. Negotiate treaties and other international
power. unstated residual powers are implied from the grant of
agreements. However, such treaty or international
c. The power to deport aliens is limited by the executive power and which are necessary for the
BASIS AMNESTY PARDON agreement requires the concurrence of the Senate,
requirements of due process, which entitles the President to comply with his duties under the
(Art. VII, Sec. 21) which may opt to do the following:
alien to a full and fair hearing. Constitution. (Marcos v. Manglapus, G.R. No. 88211, Oct.
Nature of the Addressed to Addressed to a. Approve with 2/3 majority;
NOTE: Summary deportation shall be observed 27, 1989)
offense Political Ordinary b. Disapprove outright; or
in cases where the charge against the alien is
offenses offenses c. Approve conditionally, with suggested
overstaying or expiration of his passport. EXECUTIVE PRIVILEGE
amendments which if re-negotiated and the
Granted to a Granted to (Board of Commissioners v. Jong Keun Park, G.R. (Please see earlier discussion on Presidential Privilege
As to whom Senate’s suggestions are incorporated, the
class of individuals No. 159835, Jan. 21, 2010) under the Executive Department)
granted treaty will go into effect without need of further
persons d. An alien has the right to apply for bail provided
Senate approval.
certain standard for the grant is necessarily EMERGENCY POWERS
Requires Does not met (Government of Hong Kong v. Olalia, G.R. No.
NOTE: Executive agreements, however, do not
As to concurrence of require 153675, April 19, 2007). Congressional grant of emergency powers to the
require legislative concurrence (Bayan Muna v.
concurrence majority of all concurrence of President (2010 Bar)
Romulo, G.R. No. 159618, Feb. 1, 2011). (2015
of Congress members of Congress NOTE: The adjudication of facts upon which the
Bar)
Congress deportation is predicated devolved on the President Under Art. VI, Sec. 23(2), Congress may grant the
whose decision is final and executory (Tan Tong v. President emergency powers subject to the following
Public act Private act An executive agreement is a “treaty” within the
Nature of Deportation Board, G.R. No. L-7680, April 30, 1955). conditions: (WaLiReN)
which the which must be meaning of that word in international law and
the act
court may take pleaded and

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2017 GOLDEN NOTES
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JUDICIAL DEPARTMENT POLITICAL LAW
Instances when there is presidential inability to ---
1. There is a War or other national emergency; Appointments extended by an Acting President shall discharge powers and duties of his office (1987 Q: Sec. 14, 2nd par. of the Ombudsman Act (R.A. 6770)
2. The grant of emergency powers must be for a remain effective, unless revoked by the elected Consitution, Art. VII, Sec. 11) provides: “No court shall hear any appeal or
Limited period; President, within 90 days from his assumption or application for remedy against the decision or
3. The grant of emergency powers is subject to such reassumption of office. (1987 Constitution, Art. VII, Sec. INSTANCE CONSEQUENCE findings of the Ombudsman, except the Supreme
Restrictions as Congress may prescribe; and 14) Court, on pure question of law.” Decide on the
When the President
4. The emergency powers must be exercised to carry The powers and duties constitutionality of this provision.
transmits to the Senate
out a National policy declared by Congress. Rules to be applied if the vacancy occurs during the President and to the Speaker of his office shall be
incumbency of the President discharged by the Vice- A: Since the 2nd par. of Sec. 14,, R.A. 6770 limits the
of the HoR his written
Rationale: Problems in times of emergency must be President as Acting remedy against “decision or findings” of the Ombudsman
declaration that he is
solved within the shortest possible time to prevent them CAUSE OF VACANCY CONSEQUENCE President. to a Rule 45 appeal and thus – similar to the 4th par. of
unable to discharge the
from aggravating the difficulties of the nation. In case of : (DPR2) Sec. 27, RA 6770 – attempts to effectively increase the
powers and duties of his
b. Death; The Vice President shall Supreme Court’s appellate jurisdiction without its advice
office.
NOTE: Emergency powers are self-liquidating unless c. Permanent Disability; become the President to and concurrence, therefore, the former provision is also
sooner withdrawn. They will automatically cease upon d. Removal from office; or serve the unexpired term. unconstitutional and invalid. (Carpio-Morales v. Court of
the end of the emergency that justified their delegation. e. Resignation of the Appeals, G.R. No. 217126-27, Nov. 10, 2015)
President When a majority of all the The Vice-President ---
Examples of other national emergencies: members of the Cabinet shall immediately
a) Rebellion transmit to the Senate assume the powers and JUDICIAL REVIEW
b) Economic crisis President and to the Speaker duties of the office as (2015 Bar)
In case of : The Senate President, or
c) Pestilence or epidemic of the HoR their written Acting President.
a. Death; in case of his inability, the The power of the SC to determine the constitutionality of
d) Typhoon declaration that the
b. Permanent Disability; Speaker of the HoR, shall a law, treaty, ordinance, presidential issuance, and other
e) Flood President is unable to
c. Removal from office; or act as President until the governmental acts.
f) Other similar catastrophe of nation-wide discharge the powers and
d. Resignation of both the President or Vice President
proportions duties of his office .
President and the Vice- shall have ben elected and NOTE: When the judiciary mediates to allocate
(Cruz, Philippine Political Law, p. 163)
President qualified. constitutional boundaries, it does not assert any
NOTE: The President can reassume power and duties of
RULES ON SUCCESSION his office once he transmits to the Senate President and superiority over other departments; it does not in reality
Rules and procedure to be followed if a vacancy nullify or invalidate an act of the legislature, but only
occurs in the offices of the President and Vice- to the Speaker of the HoR his written declaration that no
Rules to be applied if there is vacancy before the inability exists. asserts the solemn and sacred obligation assigned to it
President (1987 Consitution, Art. VII, Sec. 10) by the Constitution to determine conflicting claims of
beginning of the term of the President (1987
Consitution, Art. VII, Sec 7) authority under the Constitution and to establish for the
1. At 10:00 A.M. of the third day after said vacancy parties in an actual controversy the rights which that
occurs – Congress shall convene in accordance with instrument secures and guarantees to them. This is in
CAUSE OF VACANCY CONSEQUENCE
its rules without need of call. truth all that is involved in what is termed as ‘judicial
In case of death or 2. Within 7 days — Congress shall enact a law calling JUDICIAL DEPARTMENT
The Vice-President elect supremacy’, which properly is the power of judicial
permanent disability of for a special election to elect a President and a Vice
shall become President. review under the Constitution. (Angara v. The Electoral
the President-elect. President. Commission, G.R. No. L-45081, July 15, 1936)
3. Said special election shall be held — Not earlier JUDICIAL POWER
In case of failure to elect The Vice-President shall than forty-five (45) days nor later than sixty (60) (1992, 1994, 1995, 1996, 1997, 2000, 2004, 2006, Requisites of judicial review (APEN)
the President (i.e. act as the President until the days from the time of such call. 2012 Bar)
Presidential elections President shall have been 4. The bill calling such special election — Shall be 1. Actual case– An existing case or controversy
have not been held or chosen and qualified. deemed certified under Sec. 26, par. 2, Art. VI of the The duty of the courts of justice to settle actual which is both ripe for resolution and susceptible of
non-completion of the Constitution and shall become law upon its controversies involving rights, which are legally judicial determination, and that which is not
canvass of the approval on third reading by Congress. demandable and enforceable and to determine whether conjectural or anticipatory, or that which seeks to
Presidential elections) 5. Appropriations for said special election — Shall be or not there has been a grave abuse of discretion resolve hypothetical or feigned constitutional
charged against any current appropriations and amounting to lack or excess of jurisdiction on the part of problems.
In case no President and The Senate President, or in shall be exempt from the requirements of, Sec. 25, any branch or instrumentality of the Government. [1987
Vice-President shall have case of his inability, the par. 4, Art. VI of the Constitution. Constitution, Art. VIII, Sec. 1(2)]
been chosen and Speaker of the HoR shall NOTE: But even with the presence of an actual case
6. The convening of Congress and the special election or controversy, the Court may refuse judicial review
qualified, or where both act as President until a — cannot be suspended or postponed Body vested with judicial power
shall have died or President or a Vice- unless a party who possesses locus standi or the
7. No special election shall be called — If the vacancy standing to challenge it brings the constitutional
become permanently President shall have been occurs within eighteen (18) months before the It is vested in one Supreme Court and such lower
disabled. chosen and qualified. question or the assailed illegal movement or act
date of the next presidential elections. courts as may be established by law (1987 Consitution, before it.
Art. VIII, Sec. 1).
Congress shall by law
provide for the manner in ---
Judicial inquiry Q: Rolly petitions the SC to nullify House Bill No.
which one who is to act as
President shall be selected 4738 which abolishes the Judicial Development
The power of the court to inquire into the exercise of Fund (JDF) and replaces it with the Judiciary
until a President or a Vice- discretionary powers to determine whether or not there
President shall have Support Fund (JSF). The funds from JSF shall be
has been a grave abuse of discretion amounting to lack remitted to the national treasury and Congress
qualified, in case of death, or excess of jurisdiction.
permanent disability or shall determine how the funds will be used;
inability of the officials. unlike the JDF, the spending of which is
exclusively determined by the SC. Rolly argues
Limitation on the power of the Acting President

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FACULTY OF CIVIL LAW
JUDICIAL DEPARTMENT POLITICAL LAW
that House Bill No. 4738 infringes SC’s fiscal difficult constitutional 3. Earliest opportunity– Constitutional question unconstitutional. (Sameer Overseas v. Cabiles, G.R. No.
autonomy. Is the petition meritorious? questions." must be raised at the earliest possible opportunity. 170139, Aug. 5, 2014)

A: NO. There is no actual case or controversy. Legal personality GR: It must be raised in the pleadings. However, in a case where the law passed incorporates
The Court cannot speculate on the constitutionality the exact clause already declared as unconstitutional,
or unconstitutionality of a bill that Congress may or GR: If there is no actual or potential injury, XPN: without any perceived substantial change in the
may not pass. It cannot rule on mere speculations or complainant has no legal personality to raise 1. Criminal case – It may be brought at any stage circumstances, the Court ruled that there is a necessity to
issues that are not ripe for judicial determination. constitutional questions. of the proceedings according to the discretion decide the constitutional issue involved. (Sameer
Filing of bills is within the legislative power of of the judge (trial or appeal) because no one Overseas v. Cabiles, ibid.)
Congress and is "not subject to judicial restraint" (In XPN: If the question is of transcendental shall be brought within the terms of the law
The Matter of Save the Supreme Court v. Abolition of importance. who are not clearly within them and the act Thus, when a law or a provision of law is null because it
JDF, UDK-15143, Jan. 21, 2015). shall not be punished when the law does not is inconsistent with the Constitution, the nullity cannot
--- NOTE: Principle of Transcendental Importance is clearly punish them. be cured by reincorporation or reenactment of the same
determined by: (CDO) 2. Civil case – It may be brought anytime if the or a similar law or provision. A law or provision of law
2. Proper party– One who has sustained or is in resolution of the constitutional issue is that was already declared unconstitutional remains as
immediate danger of sustaining an injury as a 1. The Character of the funds or other assets involved inevitable in resolving the main issue. such unless circumstances have so changed as to
result of the act complained of. To have standing, in the case; 3. When the jurisdiction of the lower court is in warrant a reverse conclusion. (Sameer Overseas v.
one must show that: 2. The presence of a clear case of Disregard of a question except when there is estoppel. Cabiles, ibid.) (2014 Bar)
a. he has suffered some actual or threatened constitutional or statutory prohibition by the
injury as a result of the allegedly illegal public respondent agency or instrumentality of the NOTE: The earliest opportunity to raise a The constitutionality of an official act may be the subject
conduct of the government; government; constitutional issue is to raise it in the pleadings of judicial review, provided the matter is not raised
b. the injury is fairly traceable to the 3. The lack of any Other party with a more direct and before a competent court that can resolve the collaterally. (Laude v. Hon. Ginez, G.R. No. 217456, Nov. 24,
challenged action; and specific interest in raising the questions being same, such that, if not raised in the pleadings, it 2015)
c. the injury is likely to be redressed by a raised. (Francisco, et al., v. House of Representatives, cannot be considered in trial and, if not considered
favorable action. (Francisco, Jr. & Hizon v. ibid.) in trial, it cannot be considered on appeal. Requisites before a law can be declared partially
Toll Regulatory Board, G.R. Nos. 166910, unconstitutional
Oct. 19, 2010) Rule on standing is a matter of procedure, hence, can The Ombudsman has no jurisdiction to entertain
be relaxed questions regarding constitutionality of laws. Thus, 1. The legislature must be willing to retain valid
Locus Standi vs. Real party-in-interest when the issue of constitutionality of a law was portion (separability clause); and
When the proceeding involves the assertion of a public raised before the Court of Appeals, which is the 2. The valid portion can stand independently as law.
LOCUS STANDI REAL PARTY-IN- right, the mere fact that the petitioner is a citizen competent court, the constitutional question was
INTEREST satisfies the requirement of personal interest. Thus, the raised at the earliest opportune time. (Estarija v. Principle of Stare Decisis
privatization of power plants in a manner that ensures Ranada, G.R. No. 159314, June 26, 2006)
Character of the plaintiff the reliability and affordability of electricity in our Deemed of imperative authority, controlling the
country is an issue of paramount public interest in which 4. Necessity of deciding constitutional questions – decisions of like cases in the same court and in lower
the Court held that petitioner possesses the requisite As long as there are other bases which courts can courts within the same jurisdiction, unless and until the
One who has The party who stands to be legal standing to file the case. (Osmeña v. Power Sector use for decision, constitutionality of the law will decision in question is reversed or overruled by a court
sustained or is in benefited or injured by the Assets and Liabilities Management Corporation, G.R. No. not be touched, thus, courts should refrain from of competent authority. (De Castro v. JBC, G.R. No. 191002,
imminent danger of judgment in the suit, or the 212686, Sept. 28, 2015) resolving any constitutional issue "unless the April 20, 2010)
sustaining an injury as party entitled to the avails constitutional question is the lis mota of the case."
a result of the act of the suit. Locus Standi in Environmental Cases NOTE: The Court, as the highest court of the land, may be
complained of (direct Lis mota literally means "the cause of the suit or guided but is not controlled by precedent. Thus, the
injury test) (Ex parte In our jurisdiction, locus standi in environmental cases action." Given the presumed validity of an Court, especially with a new membership, is not obliged
Levitt, 302 U.S. 633, has been given a more liberalized approach. Recently, executive act, the petitioner who claims otherwise to follow blindly a particular decision that it determines,
1937). the Court passed the landmark Rules of Procedure for has the burden of showing first that the case after re-examination, to call for a rectification. (De Castro
Environmental Cases, which allow for a “citizen suit,” cannot be resolved unless the constitutional v. JBC, ibid.)
Legal nature question he raised is determined by the Court.
and permit any Filipino citizen, as steward of nature, to
file an action before our courts for violations of our (General v. Urro, G.R. No. 191560, March 29, 2011) Functions of judicial review
Has constitutional A concept of civil environmental laws. Thus, the need to give the Resident
underpinnings procedure Marine Mammals legal standing has been eliminated by Scope of Judicial Review 1. Checking – Invalidating a law or executive act that is
our Rules and it is worth noting here that the Stewards found to be contrary to the Constitution.
As to the issue involved are joined as real parties in the Petition and not just in The courts have the power to pass upon the validity and 2. Legitimizing – Upholding the validity of the law that
representation of the named cetacean species. (Resident the constitutionality of laws enacted by the legislature, results from a mere dismissal of a case challenging
Marine Mammals v. Reyes, G.R. No. 180771, April 21, 2015) and other bodies of the government, under the doctrine the validity of the law.
Whether such parties Whether he is "the party of checks and balances.
have "alleged such a who would be benefited or 3. Symbolic – To educate the bench and bar as to the
The filing of a petition for the issuance of a writ of controlling principles and concepts on matters of
personal stake in the injured by the judgment, or The lower courts are likewise vested with the power of
kalikasan does not require that a petitioner be directly grave public importance for the guidance of, and
outcome of the the 'party entitled to the judicial review, subject however to the appellate
affected by an environmental disaster. The rule clearly restraint upon the future. (Dumlao v. COMELEC, G.R.
controversy as to avails of the suit” jurisdiction of the higher courts.
allows juridical persons to file the petition on behalf of No. L-52245, Jan. 22, 1980)
assure that concrete (Francisco, et al., v. House of
persons whose constitutional right to a balanced and
adverseness which Representatives, G.R. No. Constitutional Challenges
healthful ecology is violated, or threatened with Power of judicial review in impeachment proceedings
sharpens the 160261, Nov. 10, 2003).
violation. (West Tower v. First Philippine, G.R. No. 194239, includes the power of review over justiciable issues in
presentation of issues When a law is passed, the court awaits an actual case
June 16, 2015) impeachment proceedings. (Francisco v. HoR, G.R. No.
upon which the court that clearly raises adversarial positions in their proper 160261, Nov. 10, 2003)
so largely depends for context before considering a prayer to declare it as
illumination of

UNIVERSITY OF SANTO TOMAS UNIVERSITY OF SANTO TOMAS


63 2017 GOLDEN NOTES
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FACULTY OF CIVIL LAW
JUDICIAL DEPARTMENT POLITICAL LAW
Judicial review of the SC on findings of facts of Justiciable questions vs. Political questions the various courts (all courts below the SC) but
administrative tribunals and trial courts Doctrine of Relative Constitutionality may not deprive the Supreme Court of its
BASIS JUSTICIABLE POLITICAL jurisdiction over cases enumerated in Section 5
GR: The SC will not disturb the findings of facts of Where the constitutionality of certain rules may depend QUESTIONS QUESTIONS (express powers of the SC) hereof. (1987
administrative tribunals and the trial courts. upon the times and get affected by the changing of the Constitution, Art. VII, Sec. 2)
seasons. A classification that might have been perfectly Imply a given Questions which 4. The SC has administrative supervision over all
XPN: The SC may review findings of facts of the lower all right at the time of its inception may be considered right legally involve the policy or inferior courts and personnel. (1987 Constitution,
courts under the following exceptions: (SM-GF-CBA- dubious at a later time. demandable and the wisdom of the law Art. VIII, Sec. 6)
TW-NE) enforceable, an or act, or the morality 5. The SC has exclusive power to discipline
1. When the conclusion is a finding grounded entirely MOOT QUESTIONS act or omission or efficacy of the judges/justices of inferior courts. (1987
on Speculation, surmises and conjectures; violative of such same. Generally it Constitution, Art. VIII, Sec. 11)
2. When the inference made is manifestly Mistaken, Questions on which a judgment cannot have any right, and a cannot be inquired by 6. The members of the judiciary enjoy security of
absurd or impossible; practical legal effect or, in the nature of things, cannot be remedy granted the courts. Further, tenure. [1987 Constitution, Art. VIII, Sec. 2 (2)]
3. Where there is a Grave abuse of discretion; enforced. (Baldo, Jr. v. COMELEC, G.R. No. 176135, June 16, and sanctioned these are questions 7. The members of the judiciary may not be
4. When the judgment is based on a misapprehension 2009) by law for said which under the designated to any agency performing quasi-judicial
of Facts; breach of right. Constitution: or administrative functions. (1987 Constitution, Art.
5. When the findings of fact are Conflicting; Moot and academic Definition a. Are decided by the VIII, Sec 12)
6. When the Court of Appeals, in making its findings, people in their 8. The salaries of judges may not be reduced; the
went Beyond the issues of the case and the same is It is moot and academic when it ceases to present a sovereign judiciary enjoys fiscal autonomy. (1987
contrary to the Admissions of both appellant and justiciable controversy by virtue of supervening events capacity; and Constitution, Art. VIII, Sec. 3)
appellee; so that a declaration thereon would be of no practical b. Where full 9. The SC alone may initiate the promulgation of the
7. When the findings are contrary to those of the use or value. discretionary Rules of Court. [1987 Constitution, Art. VIII, Sec. 5
Trial court; authority has been (5)]
8. When the findings of fact are Without citation of Court actions over moot and academic cases delegated by the 10. The SC alone may order temporary detail of judges.
specific evidence on which the conclusions are Constitution [1987 Constitution, Art. VIII, Sec. 5 (3)]
based; GR: The courts should decline jurisdiction over such either to the 11. The SC can appoint all officials and employees of
9. When the facts set forth in the petition as well as in cases or dismiss it on ground of mootness. executive or the Judiciary. (1987 Constitution, Art. VIII, Sec. 5
the petitioner’s main and reply briefs are Not legislative (6)]
disputed by the respondents; and XPNs: (GPFR) department.
10. When the findings of fact of the Court of Appeals 1. There is a Grave violation of the Constitution. Constitutional guarantee of fiscal autonomy (1999,
are premised on the supposed absence of Evidence 2. There is an exceptional character of the situation Effect of the expanded definition of judicial power on 2000 Bar)
and contradicted by the evidence on record. (David and the Paramount public interest is involved. the political question doctrine (1995, 1997, 2004
v. Misamis Occidental II, G.R. No. 194785, 11 July 3. When the constitutional issue raised requires Bar) In Bengzon v. Drilon (G.R. No. 103524, April 15, 1992), the
2012) Formulation of controlling principles to guide the SC explained that fiscal autonomy contemplates a
bench, the bar, and the public. The 1987 Constitution expands the concept of judicial guarantee of full flexibility to allocate and utilize
OPERATIVE FACT DOCTRINE 4. The case is capable of Repetition yet evading review. Under the expanded definition, the Court cannot resources with the wisdom and dispatch that the needs
(2010 Bar) review. (David v. Macapagal-Arroyo, G.R. No. agree that the issue involved is a political question require.
171396, May 3, 2006; Republic v. Principalia beyond the jurisdiction of the court to review. When the
Under this doctrine, the law is recognized as Management, G.R. No. 198426, Sept. 2, 2015) grant of power is qualified, conditional or subject to It recognizes the power and authority to deny, assess
unconstitutional but the effects of the unconstitutional limitations, the issue of whether the prescribed and collect fees, fix rates of compensation not exceeding
law, prior to its declaration of nullity, may be left NOTE: Judicial power presupposes actual controversies, qualifications or conditions have been met or the the highest rates authorized by law for compensation
undisturbed as a matter of equity and fair play. It is a the very antithesis of mootness. In the absence of actual limitations respected is justiciable—the problem being and pay plans of the government and allocate and
rule of equity (League of Cities v. COMELEC, G.R. No. justiciable controversies or disputes, the Court generally one of legality or validity, not its wisdom. Moreover, the disburse such sums as may be provided by law or
176951, Nov. 18, 2008). opts to refrain from deciding moot issues. Where there jurisdiction to delimit constitutional boundaries has prescribed by it in the course of the discharge of its
is no more live subject of controversy, the Court ceases been given to the SC. When political questions are functions.
In another case, the Court held that to return the to have a reason to render any ruling or make any involved, the Constitution limits the delimitation as to
amounts received to the respective taxing authorities pronouncement. (Suplico v. NEDA, G.R. No. 178830, July whether or not there has been a grave abuse of Judicial Privilege (Deliberative Process Privilege or
would certainly impose a heavy, and possibly crippling, 14, 2008) discretion amounting to lack or excess of jurisdiction on DPP)
financial burden upon them who merely, and the part of the official whose action is being questioned.
presumably in good faith, complied with the legislative POLITICAL QUESTIONS The privilege against disclosure of information or
fiat subject of this case; hence the doctrine of operative SAFEGUARDS OF JUDICIAL INDEPENDENCE communications that formed the process of judicial
fact shall be applied. (Film Development Council v. Colon Those questions which, under the Constitution, are to be decisions.
Heritage Realty, G.R. No. 203754, June 16, 2015) decided by the people in their sovereign capacity, or in Constitutional safeguards that guarantee the
regard to which full discretionary authority has been independence of the judiciary This applies to confidential matters, which refer to
NOTE: The invocation of this doctrine is an admission delegated to the legislative or executive branch of the information not yet publicized by the Court like (1) raffle
that the law is unconstitutional. government. (Tañada v. Cuenco, G.R. No. L-10520, Feb. 28, 1. The SC is a constitutional body and may not be of cases, (2) actions taken in each case in the Court’s
1957) abolished by law. agenda, and (3) deliberations of the Members in court
Applicability on executive acts 2. Members are only removable by impeachment. sessions on case matters pending before it.
Political Question Doctrine (1987 Constitution, Art. XI, Sec. 2)
The Operative Fact Doctrine also applies to executive 3. The SC may not be deprived of its minimum and This privilege, however, is not exclusive to the Judiciary
acts subsequently declared as invalid. A decision made The doctrine that the power of judicial review cannot be appellate jurisdiction (1987 Constitution, Art VIII, and it extends to the other branches of government due
by the president or the administrative agencies has to be exercised when the issue is a political question. It Sec. 2); appellate jurisdiction may not be increased to our adherence to the principle of separation of powers
complied with because it has the force and effect of law. constitutes another limitation on such power of the without its advice or concurrence. (1987 (In Re: Production of Court Records and Documents and
(Hacienda Luisita v. Presidential Agrarian Reform Council, judiciary. Constitution, Art. VI, Sec. 30) the Attendance of Court Officials and Employees as
G.R. No. 171101, Nov. 22, 2011) NOTE: The Congress shall have the power to Witnesses under the Subpoenas of Feb. 10, 2012 and the
define, prescribe, and apportion the jurisdiction of

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Various Letters of Impeachment Prosecution Panel dated favor of its constitutionality; invalidity being a measure 6. A retired member of the SC – 2 years 1. Natural born citizen of the Philippines;
Jan. 19 and 25, 2012, Feb. 14, 2012). of last resort. (Estrada v. Sandiganbayan, G.R. No. 148560, 7. Private sector representative – 1 year. [1987 2. At least 40 years of age; and
Nov. 19, 2001) Constitution, Art. VIII, Sec. 8(2)] 3. A judge of a lower court or engaged in the practice
Purpose of Judicial Privilege of law in the Philippines for 15 years or more. [1987
APPOINTMENTS TO THE JUDICIARY Rationale: continuity and preservation of the Constitution, Art. VIII, Sec. 7(1)]
To prevent the ‘chilling’ of deliberative communications. institutional memory
It insulates the Judiciary from an improper intrusion into Judicial appointment (2000 Bar) General qualifications for appointments to LOWER
the functions of the judicial branch and shields judges, Representative of Congress in the JBC COLLEGIATE courts
justices, and court officials and employees from public The members of the judiciary are appointed by the
scrutiny or the pressure of public opinion that would President of the Philippines from among a list of at least Only one. The word “Congress” used in Sec. 8(1), Art. 1. Natural born citizen of the Philippines; and
impair their ability to render impartial decisions. (Ibid.) three nominees prepared by the Judicial and Bar Council VIII is used in its generic sense. Only a singular 2. Member of the Philippine Bar.
(JBC) for every vacancy. representative may be allowed to sit in the JBC from
Requisites for a document to be protected by DPP either the Senate or HoR. The seven-member General qualifications for appointments to LOWER
NOTE: The appointment shall need no confirmation from composition of the JBC serves a practical purpose, that is, courts
It must be shown that the document is both: the Commission on Appointments. (1987 Constitution, to provide a solution should there be a stalemate in
1. Predecisional – If they were made in the attempt to Art. VIII, Sec. 9) voting. 1. Citizen of the Philippines; and
reach a final decision; and 2. Member of the Philippine Bar.
2. Deliberative – If it reflects the give-and-take of the Rules on vacancies in the SC It is evident that the definition of “Congress” as a
consultative process such as the disclosure of the bicameral body refers to its primary function in NOTE: For both lower collegiate courts and lower courts,
information would discourage open discussion 1. Vacancies in the SC should be filled within 90 days government – to legislate. In the passage of laws, the Congress may prescribe other qualifications. [1987
within the agency. from the occurrence of the vacancy. Constitution is explicit in the distinction of the role of Constitution, Art. VIII, Sec. 7 (1) and (2)]
2. Vacancies in lower courts should be filled within each house in the process. The same holds true in
Court records which are predecisional and deliberative 90 days from submission to the President of the Congress’ non-legislative powers. An inter-play between ---
in nature are thus protected and cannot be the subject of JBC list. the two houses is necessary in the realization of these Q: By virtue of Republic Act No. 10660, two new
subpoena if judicial privilege is to be preserved. (Ibid.) 3. The filling of the vacancy in the Supreme Court powers causing a vivid dichotomy that the Court cannot divisions of the Sandiganbayan were created with
within the 90-day period is an exception to the simply discount. This, however, cannot be said in the three members each, and there were six
NOTE: In a case where the House Impeachment Panel, prohibition on midnight appointments of the case of JBC representation because no liaison between simultaneous vacancies for Associate Justice of said
through letters, asked for the examination of records and president. This means that even if the period falls the two houses exists in the workings of the JBC. Hence, collegiate court. The JBC then submitted six separate
the issuance of certified true copies of the rollos and the on the period where the president is prohibited the term “Congress” must be taken to mean the entire shortlists for the vacancies for the 16th to the 21st
Agenda and Minutes of Deliberations of specific SC- from making appointments (midnight legislative department. The Constitution mandates that Sandiganbayan Associate Justices. Petitioners assert
decided cases and at the same time, requested for the appointments); the president is allowed to make the JBC be composed of seven (7) members only. (Chavez that President Aquino's power to appoint is limited
attendance of court officials including judges, justices, appointments to fill vacancies in the Supreme v. JBC, G.R. No. 202242, July 17, 2012) to each shortlist submitted by the JBC, President
and employees as witnesses under subpoenas, it was Court. (De Castro v. JBC, G.R. No. 191002, April 20, Aquino should have appointed the 16th
held that Members of the Court may not be compelled to 2010) Functions of the JBC (2000 Bar) Sandiganbayan Associate Justice from the nominees
testify in the impeachment proceedings against the Chief in the shortlist for the 16th Sandiganbayan Associate
Justice or other Members of the Court about information Composition of the JBC (C2RISP2) (1999 Bar) The principal function of the JBC is to recommend Justice, the 17th Sandiganbayan Associate Justice
acquired in the performance of their official adjudicatory appointees to the judiciary. It may, however, exercise from the nominees in the shortlist for the 17th
functions and duties; otherwise, their disclosure of 1. Chief Justice, as ex-officio chairman such functions as the SC may assign to it. (1987 Sandiganbayan Associate Justice, and so on and so
confidential matters learned in their official capacity 2. Secretary of Justice, as an ex-officio member Constitution, Art. VIII, Sec. 8) forth. By totally overlooking the nominees for the
violates judicial privilege as it pertains to the exercise of 3. Representative of Congress, as an ex-officio member 16th Sandiganbayan Associate Justice and
the constitutional mandate of adjudication. (Ibid.) 4. Representative of the Integrated Bar NOTE: The duty of the JBC to submit a list of nominees appointing respondents Musngi and Econg, who
5. A Professor of law before the start of the President’s mandatory 90-day were both nominees for the 21st Sandiganbayan
XPN: If the intent only is for them to identify or certify 6. A Retired member of the SC period to appoint is ministerial, but its selection of the Associate Justice, as the 16th and 18th
the genuineness of documents within their control that 7. Private sector representative candidates whose names will be in the list to be Sandiganbayan Associate Justices, respectively,
are not confidential and privileged, their presence in the submitted to the President lies within the discretion of President Aquino violated the Art. VIII, Sect. 9 of the
Impeachment Court may be permitted. NOTE: JBC does not fall within the scope of a tribunal, the JBC. (De Castro v. JBC, G.R. No. 191002, March 17, 1987 Constitution, which requires the President to
board, or officer exercising judicial or quasi-judicial 2010) appoint from a list of at least three nominees
Waiver of privilege functions. However, since the formulation of guidelines submitted by the JBC for every vacancy. Are the
and criteria is necessary and incidental to the exercise of Tenure of the members of the SC and judges (1993, petitioners correct?
This privilege, incidentally, belongs to the Judiciary and the JBC’s constitutional mandate, a determination must 1996, 2000 Bar)
is for the SC (as the representative and entity speaking be made on whether the JBC has acted with grave abuse A:. NO. Nomination by the JBC shall be a qualification for
for the Judiciary), and not for the individual justice, of discretion amounting to lack or excess of jurisdiction Members of the SC and judges of lower courts can hold appointment to the Judiciary, but this only means that
judge, or court official or employees to waive. Thus, in issuing and enforcing the said policy. (Villanueva v. office during good behavior until: the President cannot appoint an individual who is not
every proposed waiver must be referred to the SC for its JBC, G.R. No. 211833, April 7, 2015) 1. The age of 70 years old; or nominated by the JBC. It should be stressed that the
consideration and approval. 2. They become incapacitated to discharge their power to recommend of the JBC cannot be used to
Staggered Terms of members of the JBC duties. restrict or limit the President's power to appoint as the
JUDICIAL RESTRAINT latter's prerogative to choose someone whom he/she
A. Regular Members General qualification for appointments to the considers worth appointing to the vacancy in the
Principle of Judicial Restraint 1. Chief Justice – 4 years judiciary Judiciary is still paramount. As long as in the end, the
2. Secretary of Justice – 4 years President appoints someone nominated by the JBC, the
Theory of judicial interpretation that encourages judges 3. Representative of Congress – 4 years Of proven competence, integrity, probity and appointment is valid. This does not violate Article VIII,
to limit the exercise of their own power. independence. [1987 Constitution, Art. VIII, Sec. 7(3)] Section 9 of the 1987 Constitution. To meet the minimum
B. Other Members requirement under said constitutional provision of three
In terms of legislative acts, it means that every 4. Representative of the Integrated Bar – 4 years Qualifications for appointments to the SC nominees per vacancy, there should at least be 18
intendment of the law must be adjudged by the courts in 5. A professor of law – 3 years nominees from the JBC for the six vacancies for

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Sandiganbayan Associate Justice; but the minimum conspicuous to JBC members. (Jardeleza V. 2. All cases involving the legality of any tax, impost, a fair and impartial trial. (Navaja v. de Castro, G.R. No.
requirement was even exceeded herein because the JBC Sereno, et al., G.R. No. 213181, 19 August 2014) assessment, or toll, or any penalty imposed in 182926, June 22, 2015)
submitted for the President's consideration a total of 37 --- relation thereto.
qualified nominees. (Aguinaldo v. Aquino, G.R. No. 3. All cases in which the jurisdiction of any lower The authority vested in the Congress and Supreme
224302, November 29, 2016) SUPREME COURT court is in issue. Court is separate and distinct
--- 4. All criminal cases in which the penalty imposed is
--- Composition of the SC reclusion perpetua or higher. CONGRESS SUPREME COURT
Q: Upon the retirement of Associate Justice Roberto 5. All cases in which only an error or question of law Authority to define, Power to promulgate
Abad, the Judicial and Bar Council (JBC) announced A. Chief Justice is involved. [1987 Constitution, Art VIII, Sec. 5(2)] prescribe, and apportion rules of pleading,
the opening for application or recommendation for B. 14 Associate Justices the jurisdiction of the practice, and procedure
the position. Francis H. Jardeleza (Jardeleza) was PROCEDURAL RULE-MAKING POWER various courts (1987 [1987 Constitution, Art.
nominated for the said position and upon acceptance Divisions of the SC Constitution, Art. VIII, Sec. 2) VIII, Sec. 5(5)]
of the nomination, he was included in the names of Scope of the rule-making power of the SC (1991,
candidates. However, Chief Justice Sereno invoked It may sit en banc or in its discretion, in divisions of 2000, 2008, 2009, 2013, 2014, 2015 Bar) Authority to create
Sect. 2, Rule 10 of JBC-009 against him, and three, five, or seven Members [1987 Constitution, Art. statutory courts (1987
thereafter, the JBC released the short list of four VIII, Sec. 4(1)] 1. The protection and enforcement of constitutional Constitution, Art. VIII, Sec. 1)
nominees, which did not include Jardeleza. Jardeleza rights
resorted to judicial intervention, alleging the EN BANC DECISIONS 2. Pleadings, practice and procedure in all courts NOTE: Albeit operatively interrelated, these powers are
illegality of his exclusion from the short list due to 3. Admission to the practice of law institutionally separate and distinct, each to be
the deprivation of his constitutional right to due Cases that should be heard by the SC en banc (TRuP- 4. The Integrated Bar preserved under its own sphere of authority.
process. DE-PreJ) (1996, 1999 Bar) 5. Legal assistance to the underprivileged
a. Is the right to due process available in When Congress creates a court and delimits its
JBC proceedings? 1. All cases involving the constitutionality of a Treaty, Limitations on its rule making power jurisdiction, it is the Court which fixes the procedure
b. Was Jardeleza denied his right to due international or executive agreement, or law; through the rules it promulgates.
process? 2. All cases which under the Rules of Court may be 1. It should provide a simplified and inexpensive
required to be heard en banc; procedure for the speedy disposition of cases. It was held that the 1st par. of Sec. 14, RA 6770 is not a
A: 3. All cases involving the constitutionality, 2. It should be uniform for all courts of the same jurisdiction-vesting provision because it does not define,
a. YES. An applicant’s access to the rights afforded application or operation of Presidential decrees, grade. prescribe, and apportion the subject matter jurisdiction
under the due process clause is not proclamations, orders, instructions, ordinances, 3. It should not diminish, increase, or modify of courts to act on certiorari cases, instead, Congress
discretionary on the part of the JBC. While the and other regulations; substantive rights. interfered with a provisional remedy created by this
facets of criminal and administrative due 4. Cases heard by a Division when the required Court under its duly promulgated rules of procedure,
process are not strictly applicable to JBC majority in the division is not obtained; Requirements for the decisions of the SC which utility is both integral and inherent to every
proceedings, their peculiarity is insufficient to 5. Cases where the SC modifies or reverses a doctrine court’s exercise of judicial power. Without the Court’s
justify the conclusion that due process is not or principle of law Previously laid either en banc 1. The conclusions of the Supreme Court in any case consent to the proscription, as may be manifested by an
demandable. The fact that a proceeding is sui or in division; submitted to it for decision en banc or in division adoption of the same as part of the rules of procedure
generis and is impressed with discretion does 6. Administrative cases involving the discipline or shall be reached in consultation before the case is through an administrative circular issued therefor, there
not automatically denigrate an applicant’s dismissal of Judges of lower courts; assigned to a Member for the writing of the thus, stands to be a violation of the separation of powers
entitlement to due process. Notwithstanding 7. Election contests for president or vice-president. opinion of the Court. principle. (Carpio-Morales v. CA, G.R. No. 217126-27, Nov.
being “a class of its own,” the right to be heard 2. A certification to this effect signed by the Chief 10, 2015)
and to explain one’s self is availing. The Court NOTE: Other cases or matters may be heard in division, Justice shall be issued.
subscribed to the view that in cases where an and decided or resolved with the concurrence of a 3. A copy thereof shall be attached to the record of SC as the Presidential Electoral Tribunal (PET)
objection to an applicant’s qualifications is majority of the members who actually took part in the the case and served upon the parties.
raised, the observance of due process neither deliberations on the issues and voted thereon, but in no 4. Any Member who took no part, or dissented, or The Supreme Court, sitting en banc, shall be the sole
negates nor renders illusory the fulfillment of case without the concurrence of at least three such abstained from a decision or resolution, must state judge of all contests relating to the election, returns, and
the duty of JBC to recommend. This holding is members. the reason therefor (1987 Constitution, Art. VIII, qualifications of the President or Vice-President, and may
not an encroachment on its discretion in the Sec. 13) promulgate its rules for the purpose. (1987 Constitution,
nomination process. Actually, its adherence to No law shall be passed increasing the appellate Art. VII, Sec. 4, par. 7) (1999, 2012 Bar)
the precepts of due process supports and jurisdiction of the SC as provided in the Constitution NOTE: No decision shall be rendered by any court
enriches the exercise of its discretion. without its advice and concurrence. (1987 Constitution, without expressing therein clearly and distinctly the The PET is an institution independent, but not separate,
Art. VI, Sec. 30) facts and the law on which it is based (1987 Constitution, from the judicial department, i.e., the SC. The SC’s
b. YES. Even as Jardeleza was verbally informed Art. VIII, Sec. 13). method of deciding presidential and vice-presidential
of the invocation of Section 2, Rule 10 of JBC- Appellate jurisdiction of the SC (1994, 1995, 1996, election contests, through the PET, is derivative of the
009 against him and was later asked to explain 2000, 2004, 2006 Bar) When change of venue is permitted exercise of the prerogative conferred by the constitution.
himself during the meeting, these (Macalintal v. PET, G.R. No. 191618, Nov. 23, 2010)
circumstances still cannot expunge an immense The Supreme Court has the power to review, revise, Where there are serious and weighty reasons present,
perplexity that lingers in the mind of the Court. reverse, or affirm on appeal or certiorari, as the law or which would prevent the court of original jurisdiction ADMINISTRATIVE SUPERVISION OVER LOWER
What is to become of the procedure laid down the Rules of Court may provide, final judgments and from conducting a fair and impartial trial, the Court has COURTS
in JBC-010 if the same would be treated with orders of lower courts in: been mandated by Sec. 5(4), Art. VIII to order a change of (1996, 1999, 2000, 2005, 2008 Bar)
indifference and disregard? To repeat, as its venue so as to prevent a miscarriage of justice.
wording provides, any complaint or opposition 1. All cases in which the constitutionality or validity In this case, that fact that the respondent filed several
against a candidate may be filed with the of any treaty, international or executive agreement, criminal cases for falsification in different jurisdictions,
Secretary within ten (10) days from the law, presidential decree, proclamation, order, which unduly forced Navaja to spend scarce resources to
publication of the notice and a list of instruction, ordinance, or regulation is in question. defend herself cannot be considered as compelling
candidates. Surely, this notice is all the more reason which would prevent the MCTC from conducting

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SC’s disciplinary power over judges of lower court 1. Cases involving the constitutionality or validity 7. Salaries of chairmen and members are relatively 1. Each Commission shall decide matter or cases by a
of any treaty, international or executive high and may not be decreased during continuance majority vote of all the members within 60 days
1. Only the SC en banc has jurisdiction to discipline or agreement, law, presidential decree, in office. (1987 Constitution, Art. IX-A, Sec. 3; Art. from submission.
dismiss judges of lower courts. proclamation, order, instruction, ordinance, or XVIII, Sec. 17) a. COMELEC may sit en banc or in 2 divisions.
2. Disciplinary action/dismissal – Majority vote of the regulation 8. Commissions enjoy fiscal autonomy. (1987 b. Election cases, including pre-proclamation
SC Justices who took part in the deliberations and 2. Cases involving the legality of any tax, impost, Constitution, Art. IX-A, Sec. 5) controversies are decided in division, with
voted therein. (1987 Constitution, Art. VIII, Sec. 11) assessment, or toll, or any penalty imposed in 9. Each commission may promulgate its own motions for reconsideration filed with the
relation thereto procedural rules. (1987 Constitution, Art. IX-A, Sec. COMELEC en banc.
NOTE: The Constitution provides that the SC is given 3. Cases in which the jurisdiction of any lower 7) c. The SC has held that a majority decision
exclusive administrative supervision over all courts and court is in issue 10. Chairmen and members are subject to certain decided by a division of the COMELEC is a
judicial personnel. 4. Criminal cases where the penalty imposed is disqualifications and inhibitions calculated to valid decision.
reclusion perpetual or higher strengthen their integrity. (1987 Constitution, Art. 2. As collegial bodies, each Commission must act as
Administrative cases, which the SC may hear en banc, 5. Cases where only a question of law is involved IX-A, Sec. 2) one, and no one member can decide a case for the
under Bar Matter No. 209, include: [1987 Constitution, Art. VIII, Sec. 5(2)] 11. Commissions may appoint their own officials and entire commission.
1. Administrative judges; employees in accordance with Civil Service Law.
2. Disbarment of lawyers; (1987 Constitution, Art. IX-A, Sec. 4) CIVIL SERVICE COMMISSION
3. Suspension of more than 1 year; or (See discussion under Law on Public Officers)
4. Fine exceeding Php 10,000. (People v. Gacott, G.R. CONSTITUTIONAL COMMISSIONS NOTE: The Supreme Court held that the “no report, no
No. 116049, July 13, 1995) release” policy may not be validly enforced against COMMISSION ON ELECTIONS
offices vested with fiscal autonomy, without violating
NOTE: Administrative jurisdiction over a court employee Constitutional Commissions Art. IX-A, Sec. 5. The automatic release of approved Composition of the COMELEC
belongs to the SC, regardless of whether the offense was annual appropriations to a Constitutional Commission
committed before or after employment in the Judiciary. 1. Civil Service Commission (CSC) vested with fiscal autonomy should thus be construed to A. Chairman
Thus, CSC does not have jurisdiction over an employee of 2. Commission on Elections (COMELEC) mean that no condition to fund releases may be imposed. B. 6 Commissioners
the judiciary for acts committed while said employee 3. Commission on Audit (CoA) (CSC v. DBM, G.R. No. 158791, July 22, 2005)
was still in the executive branch. (Ampong v. CSC, G.R. No. The Chairman and the Commissioners shall be appointed
167916, August 26, 2008) NOTE: The CSC, COMELEC, and COA are equally pre- Salary by the President with the consent of the Commission on
eminent in their respective spheres. Neither one may Appointments for a term of seven years without
Disciplinary power over Clerks of Court of Shari’a claim dominance over the others. In case of conflicting Salaries may be increased by a statute but may not be reappointment.
Circuit Courts as Circuit Registrars rulings, it is the judiciary, which interprets the meaning
of the law and ascertains which view shall prevail. (CSC v. decreased during incumbent’s term of office. NOTE: Appointment to any vacancy shall be only for the
The Clerk of Court of the Shari'a Circuit Court enjoys the Pobre, G.R. No. 160508, Sept. 15, 2004) unexpired term of the predecessor. In no case shall any
privilege of wearing two hats: first, as Clerk of Court of NOTE: The decrease is prohibited to prevent the Member be appointed or designated in a temporary or
the Shari'a Circuit Court, and second, as Circuit Registrar legislature from exerting pressure upon the acting capacity (1987 Constitution, Art. IX-C, Sec. 1[2]).
Purpose
within his territorial jurisdiction. Commissions by “operating on their necessities”. Salaries (1997, 2005 Bar)
may be increased, as a realistic recognition of the need
The creation of the Constitutional Commissions is
This Court does not have jurisdiction to impose the that may arise to adjust the compensation to any Qualifications
established in the Constitution because of the
proper disciplinary action against civil registrars. Thus, increase in the cost of living.
extraordinary importance of their functions and the need
although he is a member of the Judiciary as Clerk of 1. Natural-born citizen;
to insulate them from the undesired political
Court of the Shari'a Circuit Court, a review of the subject Requisites for the effective operation of the 2. At least 35 years old at the time of appointment;
interference or pressure. Their independence cannot be
complaint reveals that the petitioner seeks to hold the rotational scheme of terms of constitutional bodies 3. College degree holder; and
assured if they were to be created merely by statute.
respondent liable as Circuit Registrar. 4. Not a candidate in any election immediately
1. The original members of the Commission shall preceding the appointment.
CONSTITUTIONAL SAFEGUARDS TO ENSURE
Test: Nature of the offense and not the personality of the begin their terms on a common date;
INDEPENDENCE OF COMMISSIONS
offender. What is controlling is not the designation of the 2. Any vacancy occurring before the expiration of the NOTE: Majority of the members, including the Chairman,
offense but the actual facts recited in the complaint. term shall be filled only for the balance of such shall be members of the Philippine Bar who have been
Guarantees of independence provided for by the
(Mamiscal v. Clerk of Court, A.M. No. SCC-13-18-J, July 1, term. (Republic v. Imperial, G.R. No. L-8684, March engaged in the practice of law for at least ten years [1987
Constitution to the 3 Commissions
2015) 31, 1995) Constitution, Art. IX-C, Sec 1(1)]
1. They are constitutionally-created; may not be
ORIGINAL AND APPELLATE JURISDICTION NOTE: The members of the Constitutional Constitutional powers and functions of the COMELEC
abolished by statute of its judicial functions. (1987
Commissions have staggered terms: (1991, 1996, 2001 Bar)
Constitution, Art. IX-A, Sec. 1)
Original Jurisdiction 2. Each is conferred certain powers and functions
1. Cases affecting ambassadors, other public a) To minimize the opportunity of the President 1. Enforce and administer all laws and regulations
which cannot be reduced by statute. (1987
ministers and consuls to appoint during his own term more than one relative to the conduct of an election, plebiscite,
Constitution, Art. IX-B, C and D)
2. Petition for certiorari member or group of members in the initiative, referendum, and recall.
3. Each is expressly described as independent. (1987
3. Petition for prohibition Constitutional Commissions; and 2. Exercise:
Constitution, Art. IX-A, Sec. 1)
4. Petition for mandamus b) To ensure continuity of the body and its a. Exclusive original jurisdiction over all contests
4. Chairmen and members are given fairly long terms
5. Petition for quo warranto policies. relating to the election, returns and
of office for 7 years. [1987 Constitution, Art. IX-B, C
6. Petition for habeas corpus qualifications of all elective:
and D, Sec. 1(2)]
[1987 Constitution, Art. VIII, Sec. 5(1)] POWERS AND FUNCTIONS OF EACH COMMISSION i. Regional
5. Chairmen and members cannot be removed except
ii. Provincial
by impeachment. (1987 Constitution, Art. XI, Sec. 2)
Appellate Jurisdiction Decision-making process in these Commissions iii. City officials
6. Chairmen and members may not be reappointed or
SC may review, revise, reverse, modify, or affirm final b. Exclusive appellate jurisdiction over all
appointed in an acting capacity [1987 Constitution,
judgments and orders of lower courts in: contests involving:
Art. IX-B, C and D, Sec. 1(2)]

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i. Elective municipal officials decided by trial Remedy of a dissatisfied party in election cases Election cases should be heard and decided by a division.
courts of general jurisdiction. decided by the COMELEC in division NOTE: At no time shall all Members of the Commission If a division dismisses a case for failure of counsel to
ii. Elective barangay officials decided by belong to the same profession [1987 Constitution, Art. IX- appear, the MR may be heard by the division.
courts of limited jurisdiction. The dissatisfied party may file a motion for D, Sec 1(1)]
c. Contempt powers reconsideration before the COMELEC en banc. If the en NOTE: According to Balajonda v. COMELEC (G.R. No.
i. COMELEC can exercise this power only in banc’s decision is still not favorable, the same, in Powers and duties of COA 166032, Feb. 28, 2005), the COMELEC can order
relation to its adjudicatory or quasi- accordance with Sec. 7, Art. IX-A, “may be brought to the immediate execution of its own judgments.
judicial functions. It cannot exercise this in SC on certiorari within 30 days from receipt of copy 1. Examine, audit and settle all accounts pertaining to
connection with its purely executive or thereof.” (Reyes v. RTC of Oriental Mindoro, G.R. No. revenue and receipts of, and expenditures or uses Cases that fall under the jurisdiction of COMELEC EN
ministerial functions. 108886, May 5, 1995) of funds and property owned or held in trust or BANC
ii. If it is a pre-proclamation controversy, the pertaining to government.
COMELEC exercises quasi-judicial/ NOTE: The fact that decisions, final orders or rulings of 2. Keep general accounts of government and preserve Motion for Reconsideration of decisions may be decided
administrative powers. the COMELEC in contests involving elective municipal vouchers and supporting papers. by COMELEC en banc. It may also directly assume
iii. Its jurisdiction over contests (after and barangay offices are final, executory and not 3. Authority to define the scope of its audit and jurisdiction over a petition to correct manifest errors in
proclamation), is in exercise of its judicial appealable, (1987 Constitution, Art. IX-C, Sec. 2[2]) does examination, establish techniques and methods the tallying of results by Board of Canvassers.
functions. not preclude recourse to the SC by way of a special civil required therefore.
NOTE: The COMELEC may issue writs of action of certiorari. (Galido v. COMELEC, G.R. No. 95346, 4. Promulgate accounting and auditing rules and NOTE: Any decision, order or ruling of the COMELEC in
certiorari, prohibition, and mandamus in January 18, 1991) regulations, including those for prevention and the exercise of its quasi-judicial functions may be
exercise of its appellate functions. disallowance (1987 Constitution, Art. IX-D, Sec. 2) brought to the SC on certiorari under Rules 64 and 65 of
3. Decide, except those involving the right to vote, all COMELEC can exercise its power of contempt in the Revised Rules of Court within 30 days from receipt of
questions affecting elections, including connection with its functions as the National Board PROHIBITED OFFICES & INTERESTS a copy thereof.
determination of the number and location of polling of Canvassers during the elections
places, appointment of election officials and No member of a Constitutional Commission shall, during These decisions or rulings refer to the decision or final
inspectors, and registration of voters. The effectiveness of the quasi-judicial power vested by his tenure: order of the COMELEC en banc and not of any division
NOTE: Questions involving the right to vote fall law on a government institution hinges on its authority 1. Hold any other office or employment thereof.
within the jurisdiction of ordinary courts. to compel attendance of the parties and/or their 2. Engage in the practice of any profession
4. Deputize, with the concurrence of the President, law witnesses at the hearings or proceedings. In the same 3. Engage in the active management and control of Acts that fall under the COMELEC’s power to
enforcement agencies and instrumentalities of the vein, to withhold from the COMELEC the power to any business which in any way may be affected by supervise or regulate
government, including the AFP, for the exclusive punish individuals who refuse to appear during a fact- the function of his office
purpose of ensuring free, orderly, honest, peaceful finding investigation, despite a previous notice and order 4. Be financially interested, directly or indirectly, in 1. The enjoyment or utilization of all franchises or
and credible elections. to attend would render nugatory the COMELEC’s any contract with, or in any franchise or privilege permits for the operation of transportation and
5. Registration of political parties, organizations, or investigative power, which is an essential incident to its granted by the Government, any of its subdivisions, other public utilities, media of communication or
coalitions and accreditation of citizens’ arms of the constitutional mandate to secure the conduct of honest agencies or instrumentalities, including GOCCs or information.
COMELEC. and credible elections. (Bedol v. COMELEC, G.R. No. their subsidiaries (1998, 2015 Bar) 2. Grants, special privileges or concessions granted
6. File, upon a verified complaint, or on its own 179830, Dec. 3, 2009) by the government or any subdivision, agency or
initiative, petitions in court for inclusion or Purpose instrumentality thereof, including any GOCC or its
exclusion of voters; investigate and, where COMMISSION ON AUDIT subsidiary. (1987 Constitution, Art. IX-C, Sec. 4)
appropriate, prosecute cases of violations of 1. To compel the chairmen and members of the
election laws, including acts or omissions Composition of the COA Constitutional Commissions to devote their full Instances when COMELEC can exercise its
constituting election frauds, offenses and attention to the discharge of their duties; and constitutional powers and functions
malpractices. A. Chairman 2. To remove from them any temptation to take
NOTE: The grant of exclusive power to investigate B. 2 Commissioners advantage of their official positions for selfish 1. During election period – 90 days before the day of
and prosecute cases of election offenses to the purposes. the election and 30 days thereafter. In special
COMELEC was not by virtue of the Constitution but The Chairman and the Commissioners shall be appointed cases, COMELEC can fix a period.
by the OEC which was eventually amended by Sec. by the President with the consent of the Commission on 2. Applies not only to elections but also to plebiscites
43 of RA 9369. Thus, the DOJ now conducts Appointments for a term of seven years without JURISDICTION OF EACH CONSTITUTIONAL and referenda.
preliminary investigation of election offenses reappointment. COMMISSION
concurrently with the COMELEC and no longer as Jurisdiction of the COMELEC before the proclamation
mere deputies. (Jose Miguel T. Arroyo v. DOJ, et al., NOTE: Appointment to any vacancy shall be only for the vs. its jurisdiction after proclamation
G.R. No. 199082, Sept. 18, 2012) unexpired term of the predecessor. In no case shall any CIVIL SERVICE COMMISSION
7. Recommend to the Congress effective measures to Member be appointed or designated in a temporary or OVER PRE- OVER CONTESTS
minimize election spending, including limitation of acting capacity [1987 Constitution, Art. IX-D, Sec. 1(2)] Scope of the Civil Service (1999, 2003 Bar) PROCLAMATION (AFTER
places where propaganda materials shall be posted, CONTROVERSY PROCLAMATION)
and to prevent and penalize all forms of election Qualifications The civil service embraces all branches, subdivisions, Due process implications
frauds, offenses, malpractices, and nuisance instrumentalities, and agencies of the Government,
candidacies. 1. Natural-born citizen; including government-owned or controlled corporations COMELEC’s jurisdiction is
8. Recommend to the President the removal of any 2. At least 35 years old at the time of appointment; with original charters [1987 Constitution, Art. IX-B, Sec. administrative or quasi-
officer or employee it has deputized, or the 3. Certified Public Accountant with not less than ten 2(1)] judicial and is governed by
the less stringent COMELEC’s jurisdiction is
imposition of any other disciplinary action, for years of auditing experience, or member of the judicial and is governed
violation or disregard of, or disobedience to its Philippine Bar who has been engaged in the COMMISSION ON ELECTION requirements of
administrative due process by the requirements of
directive, order, or decision. practice of law; and judicial process.
9. Submit to the President and the Congress a 4. Not a candidate in any election immediately Cases that fall under the jurisdiction of COMELEC by (although the SC has
comprehensive report on the conduct of each preceding the appointment. DIVISION insisted that questions on
election, plebiscite, initiative, referendum, or recall. “qualifications” should be
decided only after a full-

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blown hearing). the Supreme Court on certiorari under Rule 65. and do not ordinarily empower the Court to review the
Only when COA acts without or in excess of factual findings of the Commissions. (Aratuc v. COMELEC, BILL OF RIGHTS
NOTE: Hence, even in the case of regional or provincial jurisdiction, or with grave abuse of discretion G.R. No. L-49705-09, Feb. 8, 1979)
or city offices, it does make a difference whether the amounting to lack or excess of jurisdiction, may the
COMELEC will treat it as a pre-proclamation controversy SC entertain a petition for certiorari under Rule 65.
or as a contest. 2. CSC: In the case of decisions of the CSC, FUNDAMENTAL POWERS OF THE STATE (PET)
Administrative Circular 1-95538 which took effect
COMMISSION ON AUDIT on June 1, 1995, provides that final resolutions of
the CSC shall be appealable by certiorari to the CA
1. Police Power
The COA cannot be divested of its power to examine within 15 days from receipt of a copy thereof.
2. Power of Eminent Domain
and audit government agencies. From the decision of the CA, the party adversely
3. Power of Taxation
affected thereby shall file a petition for review on
No law shall be passed exempting any entity of the certiorari under Rule 45 of the Rules of Court.
Similarities among the fundamental powers of the
Government or its subsidiary in any guise whatsoever, or 3. COMELEC: Only decisions of COMELEC en banc
State
any investment of public funds, from the jurisdiction of may be brought to the Court by certiorari since Art.
the Commission on Audit. IX-C provides that motions for reconsideration of
1. They are inherent in the State and may be
decisions shall be decided by the Commission en
exercised by it without need of express
The mere fact that private auditors may audit banc. (Reyes v. Mindoro, G.R. No. 108886, May 5,
constitutional grant.
government agencies does not divest the COA of its 1995)
2. They are not only necessary but also
power to examine and audit the same government indispensable. The State cannot continue or be
agencies. (Development Bank of the Philippines v. COA, Procedural requisite before certiorari to the
effective unless it is able to exercise them.
G.R. No. 88435, Jan.16, 2002) Supreme Court may be availed of
3. They are methods by which the State interferes
with private rights.
Audit jurisdiction of the COA on privatized, formerly Sec. 1 of Rule 65 provides that certiorari may be resorted
4. They all presuppose an equivalent
government-owned banks to when there is no other plain or speedy and adequate compensation for the private rights interfered
remedy. But reconsideration is a speedy and adequate with.
Since the PNB is no longer owned by the Government, remedy. Hence, a case may be brought to the Supreme
5. They are exercised primarily by the legislature.
the COA no longer has jurisdiction to audit it as an Court only after reconsideration.
institution. Under Sec. 2(2), Art. IX-D of the Constitution, Common limitations on these powers
it is a GOCC and their subsidiaries which are subject to Rule on appeals
audit by the COA. However, in accordance with Sec. 2(1), 1. May not be exercised arbitrarily to the
Art. IX-D, the COA can audit the PNB with respect to its 1. Decisions, orders or rulings of the COMELEC/COA prejudice of the Bill of Rights
accounts because the Government still has equity in it. may be brought on certiorari to the SC under Rule 2. Subject at all times to the limitations and
(Philippine Airlines v. COA, G.R. No. 91890, June 9, 1995) 65. requirements of the Constitution and may in
2. Decisions, orders or rulings of the CSC should be proper cases be annulled by the courts, i.e.
Extent of COA’s audit jurisdiction over Manila appealed to the CA under Rule 43. when there is grave abuse of discretion.
Economic and Cultural Office (MECO)
Police Power vs. Taxation vs. Eminent Domain
The MECO is not a GOCC or government instrumentality. RENDERED IN THE EXERCISE OF ADMINISTRATIVE
It is a sui generis private entity especially entrusted by FUNCTION BASIS POLICE TAXATI EMINENT
the government with the facilitation of unofficial POWER ON DOMAIN
relations with the people in Taiwan without jeopardizing Power of the CSC to hear and decide administrative
Extent of Regulates Affects only property
the country’s faithful commitment to the One China cases
power liberty and rights
policy of the PROC. However, despite its non- property
governmental character, the MECO handles government Under the Administrative Code of 1987, the CSC has the
Power Exercised only by the Maybe
funds in the form of the "verification fees" it collects on power to hear and decide administrative cases instituted
exercised government exercised by
behalf of the DOLE and the "consular fees" it collects before it directly or on appeal, including contested
by whom private
under Section 2(6) of EO No. 15, s. 2001. Hence, under appointments.
entities
existing laws, the accounts of the MECO pertaining to its Nature of Property is Property is wholesome
collection of such "verification fees" and "consular fees" Body which has the jurisdiction on personnel
the noxious or
should be audited by the COA. (Funa v. MECO and COA, actions, covered by the civil service
property intended for a
G.R. No. 193462, February 4, 2014) taken noxious
CSC. It is the intent of the Civil Service Law, in requiring
purpose
the establishment of a grievance procedure, that
Purpose Property taken Property is taken for
REVIEW OF FINAL ORDERS, RESOLUTIONS & decisions of lower officials (in cases involving personnel
as to is destroyed public use
DECISIONS actions) be appealed to the agency head, then to the CSC.
property
The RTC does not have jurisdiction over personnel
taken
actions. (Olanda v. Bugayong, G.R. No. 140917, Oct. 10,
Compensa Intangible
RENDERED IN THE EXERCISE OF QUASIJUDICIAL 2003)
tion altruistic Protectio Fair market
FUNCTION
feeling that one n and value of the
Certiorari jurisdiction of the SC over these
has contributed public property
SC’s jurisdiction over decisions of the Commissions Commissions
to the public improve expropriate
good/general ments d
1. COA: Judgments or final orders of the Commission Proceedings are limited to issues involving grave abuse
welfare
on Audit may be brought by an aggrieved party to of discretion resulting in lack or excess of jurisdiction

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A: YES. The regulation of rates to be charged by public
Exercise of the fundamental powers of the state 1. Public health utilities is founded upon the police powers of the State Conditions for the exercise of the Power of Eminent
2. Public morals and statutes prescribing rules for the control and Domain (TUCO)
GR: The inherent powers are to be exercised by the 3. Public safety regulation of public utilities are a valid exercise thereof.
legislature 4. Public welfare When private property is used for a public purpose and 1. Taking of private property
is affected with public interest, it ceases to be juris 2. For public Use
XPN: These powers may be delegated to: (PALQ) Requisites for a valid exercise of police power privati only and becomes subject to regulation. The 3. Just Compensation
a. President regulation is to promote the common good. As long as 4. Observance of due process
b. Administrative Agencies 1. Lawful subject – The interests of the public use of the property is continued, the same is subject to
c. Local Government Units generally, as distinguished from those of a public regulation. (Republic v. Manila Electric Company, NOTE: There must be a valid offer to buy the
d. Quasi-Public Corporation (private corporations particular class, require the exercise of the G.R. No. 141314, Nov. 15, 2002) property and refusal of said offer.
which perform a public function or render police power ---
public service. e.g. Meralco). 2. Lawful means – The means employed are Power of expropriation as exercised by Congress vs.
reasonably necessary for the accomplishment NOTE: Mall owners and operators cannot be validly Power of expropriation as exercised by delegates
NOTE: ONLY Eminent Domain may be delegated to of the purpose and not unduly oppressive upon compelled to provide free parking to their customers
quasi-public corporations individuals. because requiring them to provide free parking space to Power of Power of
(NTC v. Philippine Veterans Bank, 192 SCRA 257) their customers is beyond the scope of police powers. It expropriation as expropriation as
Local government units do not have inherent powers unreasonably restricts the right to use property for exercised by exercised by
--- business purposes and amounts to confiscation of
Congress delegates
They are mere creatures of Congress. Whatever powers Q: Hotel and motel operators in Manila sought to property. (OSG v. Ayala Land, Inc., 600 SCRA 617) (2014
they have are implied from their delegated powers. declare Ordinance 4670 as unconstitutional for Bar)
The power is It can only be broad
Police Power and Eminent Domain may be delegated to being unreasonable, thus violative of the due process
Requisites for the valid exercise of police power by pervasive and all- as the enabling law
LGU and the delegation may be found in their respective clause. The Ordinance requires the clients of hotels,
the delegate encompassing and the conferring
charter. (Batangas CATV, Inc. vs. CA, G.R. No. 138810, Sept. motels and lodging house to fill out a prescribed
authorities want it to
29, 2004) form in a lobby, open to public view and in the
1. Express grant by law It can reach every be.
presence of the owner, manager or duly authorized form of property
NOTE: With respect to Taxation, it is the Constitution representative of such hotel, motel or lodging house. 2. Must not be contrary to law
3. GR: Within territorial limits of LGUs which may be
itself which delegated this power to LGUs. The The same law provides that the premises and needed by the State
delegation is found in Sec. 5, Art. 10. facilities of such hotels, motels and lodging houses for public use. In
would be open for inspection either by the City XPN: When exercised to protect water supply. Scope
(Wilson v. City of Mountain Lake Terraces, 417 P.2d fact, it can reach
General Welfare Clause Mayor, or the Chief of Police, or their duly authorized even private
representatives. It increased their annual license 632, 1966)
property already
The delegation of the Police Power to the LGU. (Sec. 16, fees as well. Is the ordinance constitutional? dedicated to public
RA 7160 or the Local Government Code of 1991) The courts cannot interfere with the exercise of
police power use, or even
A: YES. The mantle of protection associated with the due property already
POLICE POWER process guaranty does not cover the hotel and motel devoted to religious
(1990, 1992, 2001, 2004, 2007, 2009, 2010 Bar) operators. This particular manifestation of a police If the legislature decides to act, the choice of measures or
remedies lies within its exclusive discretion, as long as worship (Barlin v.
power measure being specifically aimed to safeguard Ramirez, 7 Phil. 41).
Police power is the power of the state to promote public public morals is immune from such imputation of nullity the requisites for a valid exercise of police power have
welfare by restraining and regulating the use of liberty resting purely on conjecture and unsupported by been complied with.
Political question Judicial question
and property. It is the most pervasive, the least limitable, anything of substance. To hold otherwise would be to (The courts can
and the most demanding of the three fundamental unduly restrict and narrow the scope of police power determine whether
powers of the State. The justification is found in the Latin which has been properly characterized as the most Question
--- there is genuine
maxims salus populi est suprema lex (the welfare of the essential, insistent and the least limitable of of
Q: Can MMDA exercise police power? necessity for its
people is the supreme law) and sic utere tuo ut alienum powers, extending as it does "to all the great public necessity exercise, as well as
non laedas (so use your property as not to injure the needs." There is no question that the challenged the value of the
property of others). As an inherent attribute of ordinance was precisely enacted to minimize certain A: NO. The MMDA cannot exercise police powers since
its powers are limited to the formulation, coordination, property).
sovereignty which virtually extends to all public needs, practices hurtful to public morals. The challenged
police power grants a wide panoply of instruments ordinance then proposes to check the clandestine regulation, implementation, preparation, management,
through which the State, as parens patriae, gives effect to harboring of transients and guests of these monitoring, setting of policies, installing a system, and
administration. Nothing in RA No. 7924 granted the Requisites for a valid taking
a host of its regulatory powers. We have held that the establishments by requiring these transients and guests
power to “regulate” means the power to protect, foster, to fill up a registration form, prepared for the purpose, in MMDA police power, let alone legislative power (MMDA
v. Trackworks, G.R. No. 179554, Dec. 16, 2009). 1. The expropriator must enter a private property
promote, preserve, and control, with due regard for the a lobby open to public view at all times, and by 2. Entry must be for more than a momentary
interests, first and foremost, of the public, then of the introducing several other amendatory provisions ---
period
utility of its patrons. (Gerochi v. Department of Energy, G. calculated to shatter the privacy that characterizes the 3. Entry must be under warrant or color of legal
R. 159796, July 17, 2007) registration of transients and guests. Moreover, the EMINENT DOMAIN
authority
increase in the licensed fees was intended to discourage 4. Property must be devoted to public use or
Police power rests upon public necessity and upon the "establishments of the kind from operating for purpose Power of eminent domain (1990, 1993, 1996, 1998, otherwise informally appropriated or
right of the State and of the public to self-protection. For other than legal" and at the same time, to increase "the 2000, 2001, 2003, 2004, 2008 Bar) injuriously affected
this reason, its scope expands and contracts with the income of the city government." (Ermita-Malate Hotel v. 5. Utilization of property must be in such a way as
changing needs (Churchill v. Rafferty, 32 Phil. 580, 602- City Mayor of Manila, G.R. No. L-24693, July 31, 1967) The power of the nation or the sovereign state to take, or to oust the owner and deprive him of beneficial
603, 1915). --- to authorize the taking of private property for public use enjoyment of the property. (Republic v. De
--- without the owner’s consent, conditioned upon payment Castellvi, G.R. No. L-20620, Aug. 15, 1974)
Generally, police power extends to all the great public Q: Are the rates to be charged by utilities like of just compensation. (Brgy. Sindalan, San Fernando,
needs. Its particular aspects, however, are the following: MERALCO subject to State regulation? Pampanga v. CA, G.R. No. 150640, March 22, 2007) Nature of property taken

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may be actual, purpose in setting up the marker is essentially to If the remainder is as a result of the expropriation placed
GR: All private property capable of ownership, including moral, nominal, recognize the distinctive contribution of the late Felix in a better location, such as fronting a street where it
services, can be taken. temperate, Manalo to the culture of the Philippines, rather than to used to be an interior lot, the owner will enjoy
liquidated, or commemorate his founding and leadership of the Iglesia consequential benefits which should be deducted from
XPN: exemplary; ni Cristo. The practical reality that greater benefit may the consequential damages. (Cruz, Constitutional Law,
a. Money be derived by members of the Iglesia ni Cristo than by 2007 ed., p. 79)
b. Choses in action - personal right not reduced in (Republic v. Mupas, G.R. No. 181892, Sept. 8, 2015) most others could well be true but such a peculiar
possession but recoverable by a suit at law such as advantage still remains to be merely incidental and NOTE: If the consequential benefits exceed the
right to receive, demand or recover debt, demand or Requisites before an LGU can exercise Eminent secondary in nature. Indeed, that only a few would consequential damages, these items should be
damages on a cause of action ex contractu or for a Domain actually benefit from the expropriation of property does disregarded altogether as the basic value of the property
tort or omission of duty not necessarily diminish the essence and character of should be paid in every case. (Rule 67, Section 6, Rules of
1. An ordinance is enacted by the local legislative public use. (Manosca v. CA, supra.) Court)
NOTE: A chose in action is a property right in council authorizing the local chief executive, in ---
something intangible, or which is not in one’s behalf of the LGU, to exercise the power of eminent Form of payment
possession but enforceable through legal or court domain or pursue expropriation proceedings over a JUST COMPENSATION
action. Ex. cash, a right of action in tort or breach of particular private property. GR: Compensation has to be paid in money.
contract, an entitlement to cash refund, checks, 2. The power of eminent domain is exercised for It is the full and fair equivalent of the property taken
money, salaries, insurance claims. public use, purpose or welfare, or for the benefit of from the private owner (owner’s loss) by the XPN: In cases involving CARP, compensation may be in
the poor and the landless. expropriator. It is usually the fair market value (FMV) of bonds or stocks, for it has been held as a non-traditional
Eminent Domain vs. Destruction from necessity 3. There is payment of just compensation. the property and must include consequential damages exercise of the power of eminent domain. It is not an
4. A valid and definite offer has been previously made (damages to the other interest of the owner attributed to ordinary expropriation where only a specific property of
BASIS EMINENT DESTRUCTION to the owner of the property sought to be the expropriation) minus consequential benefits relatively limited area is sought to be taken by the State
DOMAIN FROM NECESSITY expropriated, but said offer was not accepted. (increase in the value of other interests attributed to from its owner for a specific and perhaps local purpose.
(Municipality of Paranaque v. V.M. Realty Corp., 292 new use of the former property). It is rather a revolutionary kind of expropriation.
SCRA 678, July 20, 1998) (Association of Small Landowners in the Philippines, Inc. v.
Who can Only authorized May be validly
NOTE: To be just, the compensation must be paid on Secretary of Agrarian Reform, G.R. No. 78742, 14 July
public entities or undertaken by
exercise EXPANSIVE CONCEPT OF “PUBLIC USE” time. (2009 Bar) 1989)
public officials private individuals

Expansive concept of “Public Use” Fair Market Value NOTE: The owner is entitled to the payment of interest
Public right Right of self-
from the time of taking until just compensation is
defense, self-
Public use does not necessarily mean “use by the public The price that may be agreed upon by parties who are actually paid to him. Taxes paid by him from the time of
preservation,
Kind of right at large.” Whatever may be beneficially employed for the willing but are not compelled to enter into a contract of the taking until the transfer of title (which can only be
whether applied to
general welfare satisfies the requirement. Moreover, that sale. (City of Manila v. Estrada, G.R. No. 7749, Sept. 9, done after actual payment of just compensation), during
persons or to
only few people benefit from the expropriation does not 1913) which he did not enjoy any beneficial use of the property,
property
diminish its public-use character because the notion of are reimbursable by the expropriator.
public use now includes the broader notion of indirect Formula for Just Compensation
Conversion of No need for
public benefit or advantage. (Manosca v. CA, G.R. 166440, An interest of 12% per annum on the just compensation
property taken for conversion; no just
Jan. 29, 1996) Just Compensation = actual/basic value of the due the landowner should be used in computing interest
public use; compensation but
Requirement property (LBP v. Wycoco G.R. No. 140160, January 13, 2004).
payment of just payment in the
Concept of Vicarious Benefit + consequential damages
compensation form of damages
- consequential benefits Pursuant to Bangko Sentral ng Pilipinas Circular No.
when applicable
Abandons the traditional concept (number of actual (which should not exceed the 799, series of 2013, from July 1, 2013 onwards and until
beneficiaries determines public purpose). Public use consequential damages) full payment, an interest rate of 6% per annum should
Beneficiary State/public Private
now includes the broader notion of indirect public be used in computing the just compensation. (Land Bank
advantage, i.e. conversion of a slum area into a model Period to determine just compensation of the Philippines v. Hababag, G.R. No. 172352,
housing community, urban land reform and housing. September 16, 2015)
Eminent Domain vs. Action for Damages GR: Reckoning point is determined at the date of the
There is a vicarious advantage to the society. (Filstream
International Incorporated v. CA, 284 SCRA 716, Jan. 23, filing of the complaint for eminent domain. NOTE: The right to recover just compensation is
BASIS EMINENT DOMAIN ACTION FOR enshrined in no less than our Bill of Rights, which states
DAMAGES 1998)
XPN: Where the filing of the complaint occurs after the in clear and categorical language that private property
Source arises from the State’s based on tort actual taking of the property and the owner would be shall not be taken for public use without just
exercise of its power to and emanates ---
given undue incremental advantages arising from the compensation. This constitutional mandate cannot be
expropriate private from the Q: The Republic, through the Office of the Solicitor-
use to which the government devotes the property defeated by statutory prescription. (NPC v. Sps.
property for public use. transgression of General, instituted a complaint for expropriation of a
expropriated, just compensation is determined as of the Bernardo, G. R. No. 189127, April 25, 2012) (2014 Bar)
The Constitution a right piece of land in Taguig, alleging that the National
Historical Institute declared said land as a national date of the taking. (NPC v. CA, G.R. No. 113194, March 11,
mandates that the 1996) DETERMINATION
property owner shall historical landmark, because it was the site of the
only receive just birth of Felix Manalo, the founder of Iglesia ni Cristo.
The Republic filed an action to expropriate the land. Consequential Damages Role of the Judiciary
compensation which, of
course, should be based Petitioners argued that the expropriation was not for
a public purpose. Is this correct? Consist of injuries directly caused on the residue of the While the Land Bank of the Philippines is charged with
on preponderance of private property taken by reason of expropriation. (Cruz the initial responsibility of determining the value of
evidence and Cruz, Constitutional Law, 2015 Ed.) lands placed under the land reform and, accordingly, the
A: YES. Public use should not be restricted to the
Purpose for public interest to vindicate a just compensation therefor, its valuation is considered
traditional uses. It has been held that places invested
legal wrong Consequential Benefits only as an initial determination and, thus, not conclusive.
with unusual historical interest is a public use for which
through Verily, it is well-settled that it is the RTC, sitting as a
damages, which the power of eminent domain may be authorized. The

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Special Agrarian Court, which should make the final the said expropriation (expansion of the airport) --- property without just property because radio
determination of just compensation in the exercise of its was never actually initiated, realized, or Q: The Philippine Press Institute, Inc. ("PPI") assails compensation networks do not own the
judicial function. (Land Bank v. Lajom, G.R. No. 184982, implemented. the validity of Resolution No. 2772 issued by airwaves
Aug. 20, 2014) Comelec wherein the latter shall procure free print
Thus, the landowners initiated a complaint for the space in at least one newspaper of general
Print media incurred Broadcast media does not
The value of the property must be determined either at recovery of possession and reconveyance of circulation, any magazine or periodical in every
province or city for use as "Comelec Space" from expenses for the use of incur expenses for using
the time of taking or filing of the complaint, whichever ownership of the lands based on the compromised
comes first. (EPZA v. Dulay, G.R. No. 59603, April 29, 1987) agreement they entered into with the ATO. On the March 6, 1995 in the case of candidates. Is the papers the airwaves
other hand, the Government anchor their claim to resolution valid?
In cases where a property is not wholly expropriated, the the controverted property on the supposition that A: NO. The taking of private property for public use is Print media is limited in Broadcast media is very
consequential damages of the remaining property shall the decision in the pertinent expropriation authorized by the Constitution, but not without payment scope pervasive
be added in the fair market value, minus the proceedings did not provide for the condition that of just compensation (Article III, Section 9). And
consequential benefits, but in no case will the should the intended use of the land for the expansion apparently the necessity of paying compensation for
consequential benefits exceed the consequential of the Lahug Airport be aborted or abandoned, the "Comelec space" is precisely what is sought to be ---
damages. (Sec. 6, Rule 67, Rules of Court) property would revert to respondents, being its avoided by the Commission. There is nothing at all to Q: An ordinance of Quezon City requires memorial
former owners. Do the former owners have the right prevent newspaper and magazine publishers from park operators to set aside at least 6% of their
EFFECT OF DELAY to redeem the property? voluntarily giving free print space to Comelec for the cemetery for charity burial of deceased persons who
purposes contemplated in Resolution No. 2772. Section 2 are paupers and residents of Quezon City. The same
GR: Non-payment by the government does not entitle A: YES. It is well settled that the taking of private of Resolution No. 2772 does not, however, provide a ordinance also imposes fine or imprisonment and
private owners to recover possession of the property property by the Government’s power of eminent domain constitutional basis for compelling publishers, against revocation of permit to operate in case of violation.
because expropriation is an in rem proceeding, not an is subject to two mandatory requirements: (1) that it is their will to provide free print space for Comelec Is this a valid exercise of police power?
ordinary sale, but only entitle them to demand payment for a particular public purpose; and (2) that just purposes. Section 2 does not constitute a valid exercise
of the fair market value of the property. compensation be paid to the property owner. These of the power of eminent domain. (Philippine Press A: No. It constituted taking of property without just
requirements partake of the nature of implied conditions Institute v. COMELEC, G.R. No. 119694, May 22, 1995) compensation. The power to regulate does not include
XPNs: that should be complied with to enable the condemnor to --- the power to prohibit. The power to regulate does not
1. When there is deliberate refusal to pay just keep the property expropriated. --- include the power to confiscate. The ordinance in
compensation Q: Sec. 92 of the Omnibus Election Code provides that question not only confiscates but also prohibits the
2. Government’s failure to pay compensation within 5 More particularly, with respect to the element of public the Comelec shall procure radio and television time operation of a memorial park cemetery, because under
years from the finality of the judgment in the use, the expropriator should commit to use the property to be known as “Comelec Time” which shall be Sec. 13 of said ordinance, 'Violation of the provision
expropriation proceedings. This is in connection pursuant to the purpose stated in the petition for allocated equally and impartially among the thereof is punishable with a fine and/or imprisonment
with the principle that the government cannot keep expropriation filed, failing which, it should file another candidates within the area of coverage of all radio and that upon conviction thereof the permit to operate
the property and dishonor the judgment (Republic v. petition for the new purpose. If not, it is then incumbent and television stations. Thus, the franchise of all and maintain a private cemetery shall be revoked or
Lim, G.R. No. 161656, June 29, 2005). upon the expropriator to return the said property to its radio broadcasting and television stations are cancelled’. The confiscatory clause and the penal
private owner, if the latter desires to reacquire the hereby amended so as to provide radio or television provision in effect deter one from operating a memorial
ABANDONMENT OF INTENDED USE AND RIGHT OF same. Otherwise, the judgment of expropriation suffers time, free of charge, during the period of the park cemetery. Moreover, instead of building or
REPURCHASE an intrinsic flaw, as it would lack one indispensable campaign. Is Sec. 92 of BP 881 valid? maintaining a public cemetery for this purpose, the city
element for the proper exercise of the power of eminent passes the burden to private cemeteries. (City
--- domain, namely, the particular public purpose for which A: YES. All broadcasting, whether by radio or by Government of Quezon City v. Ericta, G.R. No. L-34915,
Q: Several parcels of lands located in Lahug, Cebu the property will be devoted. Accordingly, the private television stations, is licensed by the government. June 24, 1983)
City were the subject of expropriation proceedings property owner would be denied due process of law, and Airwave frequencies have to be allocated as there are ---
filed by the Government for the expansion and the judgment would violate the property owner’s right to more individuals who want to broadcast than there are ---
improvement of the Lahug Airport. The RTC justice, fairness, and equity. (MIAA and Air frequencies to assign. A franchise is thus a privilege Q: NPC negotiated with Maria for an easement of
rendered judgment in favor of the Government and Transportation Office v. Lozada, G.R. No. 176625, Feb. 25, subject, among other things, to amendment by Congress right of way over her property. NPC contends that
ordered the latter to pay the landowners the fair 2010) in accordance with the constitutional provision that “any they shall only pay easement fee, not just
market value of the land. The landowners received --- such franchise or right granted shall be subject to compensation. Is a right of way easement subject to
the payment. amendment, alteration or repeal by the Congress when expropriation?
NOTE: To continue with the expropriation proceedings the common good so requires.
The other dissatisfied landowners despite the definite cessation of the public purpose of the Radio and television broadcasting companies, which are A: YES. There can be expropriation in the right of way
appealed. Pending appeal, the Air Transportation project would result in the rendition of an invalid given franchises, do not own the airwaves and easement. Expropriation is not limited to the acquisition
judgment in favor of the expropriator due to the absence frequencies through which they transmit broadcast of real property with a corresponding transfer of title or
Office (ATO), proposed a compromise settlement
of the essential element of public use. (Republic v. Heirs signals and images. They are merely given the temporary possession – the right of way easement resulting in a
whereby the owners of the lots affected by the
of Borbon, G.R. No. 165354, Jan. 12, 2015) privilege of using them. Since a franchise is a mere restriction of limitation on property right over the land
expropriation proceedings would either not appeal
privilege, the exercise of the privilege may reasonably be traversed by transmission lines also falls within the
or withdraw their respective appeals in
MISCELLANEOUS APPLICATION burdened with the performance by the grantee of some ambit of the term expropriation (NPC v. Maria
consideration of a commitment that the
form of public service. (Telecommunications and Mendoza San Pedro, G.R. No. 170945 Sept. 26, 2006).
expropriated lots would be resold at the price they
Broadcast Attorneys of the Philippines v. COMELEC, G.R. ---
were expropriated in the event that the ATO would
No. 132922, April 21, 1998) ---
abandon the Lahug Airport, pursuant to an
--- Q: Causby sued the United States for trespassing on
established policy involving similar cases. Because of
this promise, the landowners did not pursue their his land, complaining specifically about how low-
appeal. Thereafter, the lot was transferred and PPI vs. COMELEC and TELEBAP vs. COMELEC flying military planes caused his chickens to jump up
registered in the name of the Government. The against the side of the chicken house and the walls
projected improvement and expansion plan of the and burst themselves open and die. Are they entitled
PPI vs. COMELEC TELEBAP vs. COMELEC
old Lahug Airport, however, was not pursued. From to compensation by reason of taking clause?
the date of the institution of the expropriation Invalid; there is taking of There is no taking of public
proceedings up to the present, the public purpose of

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A: YES. There is taking by reason of the frequency and 3. For what public purpose by the same jurisdiction for the same thing.” It is sufficient amount to include
altitude of the flights. Flights of aircraft over private land 4. Amount or rate of the tax obnoxious when the taxpayer is taxed twice, when it expenses in issuing a license;
which are so low and frequent as to be a direct and should be but once. Otherwise described as “direct cost of necessary inspection or
immediate interference with the enjoyment and use of General Limitations on the power of taxation duplicate taxation,” the two taxes must be imposed on police surveillance, etc.
the land are as much an appropriation of the use of the the same subject matter, for the same purpose, by the Its primary purpose Regulation is the primary
land as a more conventional entry upon it. If the flights A. Inherent limitations same taxing authority, within the same jurisdiction, is to generate purpose. The fact that
over Causby's property rendered it uninhabitable, there 1. Public purpose during the same taxing period; and the taxes must be of revenue, and incidental revenue is also
would be a taking compensable under the Fifth 2. Non-delegability of power the same kind or character (City of Manila v. Coca-Cola regulation is merely obtained does not make the
Amendment. It is the owner's loss, not the taker's gain, 3. Territoriality or situs of taxation Bottlers Philippines, G.R. No. 181845, Aug. 4, 2009). incidental imposition a tax
which is the measure of the value of the property taken. 4. Exemption of government from taxation
Moreover, Causby could not use his land for any purpose. 5. International comity Two Tax Laws or Ordinances constitute Double NOTE: Ordinarily, license fees are in the nature of the
(US v. Causby, 328 U.S. 256, 1946) Taxation when they tax: (PAPSJK) exercise of police power because they are in the form of
--- B. Constitutional limitations regulation by the State and considered as a manner of
1. Due process of law (Art. III, Sec.1) 1. for the same Purpose; paying off administration costs. However, if the license
TAXATION 2. Equal protection clause (Art. III, Sec.1) 2. by the same taxing Authority; fee is higher than the cost of regulating, then it becomes
3. Uniformity, equitability and progressive system 3. for the same taxing Periods; a form of taxation. (Ermita-Malate Hotel v. City Mayor of
Taxes are: of taxation (Art. VI, Sec 28) 4. on the same Subject matter; Manila, G.R. No. L-24693, Oct. 23, 1967)
4. Non-impairment of contracts (Art. III, Sec. 10) 5. within the same taxing Jurisdiction; and
1. Enforced proportional contributions from 5. Non-imprisonment for non-payment of poll tax 6. of the same Kind or character. (Swedish Match ---
persons and property (Art. III, Sec. 20) Philippines v. Treasurer of the City of Manila, Q: Can taxes be subject to off-setting or
2. Levied by the State by virtue of its sovereignty 6. Revenue and tariff bills must originate in the G.R. No. 181277, July 3, 2013) compensation?
House of Representatives (Art IV, Sec. 24)
7. Non-infringement of religious freedom (Art. III, NOTE: There is no provision in the Constitution A: NO. Taxes cannot be subject to compensation for the
3. For the support of the government Sec.4) specifically prohibiting double taxation, however, where simple reason that the government and the taxpayer are
4. For public needs 8. Delegation of legislative authority to the there is direct duplicate taxation, there may be violation not creditors and debtors of each other. There is a
President to fix tariff rates, import and export of the constitutional precepts of equal protection and material distinction between a tax and debt. Debts are
Taxation quotas, tonnage and wharfage dues uniformity in taxation. due to the Government in its corporate capacity, while
9. Tax exemption of properties actually, directly taxes are due to the Government in its sovereign
Process by which the government, through its legislative and exclusively used for religious, charitable Tax exemptions may either be capacity. It must be noted that a distinguishing feature of
branch, imposes and collects revenues to defray the and educational purposes (NIRC, Sec 30) tax is that it is compulsory rather than a matter of
necessary expenses of the government, and to be able to 10. Majority vote of all the members of Congress 1. Constitutional; or bargain. Hence, a tax does not depend upon the consent
carry out, in particular, any and all projects that are required in case of legislative grant of tax 2. Statutory of the taxpayer. (Philex Mining Corp. v. CIR, 294 SCRA 687,
supposed to be for the common good. Simply put, exemptions Aug. 28, 1998)
taxation is the method by which these contributions are 11. Non-impairment of SC’s jurisdiction in tax cases Revocability of tax exemptions ---
exacted. 12. Tax exemption of revenues and assets of,
including grants, endowments, donations or 1. Exemption is granted gratuitously – revocable
The power to tax includes the power to destroy only if it contributions to educational institutions. (Sec. 2. Exemption is granted for valuable consideration PRIVATE ACTS AND THE BILL OF RIGHTS
is used as a valid implement of the police power in 28 [3], Art. VI of the 1987 Constitution) (non-impairment of contracts) – irrevocable
discouraging and in effect, ultimately prohibiting certain
things or enterprises inimical to public welfare. But Notice and hearing in the enactment of tax laws Construction of tax laws Bill of Rights
where the power to tax is used solely for the purpose of
raising revenues, the modern view is that it cannot be From the procedural viewpoint, due process does not In case of doubt, tax statutes are to be construed strictly Set of prescriptions setting forth the fundamental civil
allowed to confiscate or destroy. If this is sought to be require previous notice and hearing before a law against the Government and liberally in favor of the and political rights of the individual, and imposing
done, the tax may be successfully attacked as an prescribing fixed or specific taxes on certain articles may taxpayer, for taxes, being burdens, are not to be limitations on the powers of government as a means of
inordinate and unconstitutional exercise of the be enacted. But where the tax to be collected is to be presumed beyond what the applicable statute expressly securing the enjoyment of those rights.
discretion that is usually vested exclusively in the based on the value of taxable property, the taxpayer is and clearly declares (CIR v. La Tondena, Inc. and CTA, 5
legislature in ascertaining the amount of tax. (See: Roxas entitled to be notified of the assessment proceedings and SCRA 665) The Bill of Rights guarantee governs the relationship
v. CTA, L-25043, April 26, 1968) to be heard therein on the correct valuation to be given between the individual and the State. Its concern is not
the property. Construction of laws granting tax exemptions the relation between private individuals. What it does is
NOTE: Payment of taxes is an obligation based on law, to declare some forbidden zones in the private sphere
and not on contract. It is a duty imposed upon the Uniformity in taxation It must be strictly construed against the taxpayer, inaccessible to any power holder. (People v. Marti, G.R.
individual by the mere fact of his membership in the because the law frowns on exemption from taxation; No. 81561, Jan. 18, 1991)
body politic and his enjoyment of the benefits available Refers to geographical uniformity, meaning it operates hence, an exempting provision should be
from such membership. Except only in the case of poll with the same force and effect in every place where the construed strictissimi juris. (Acting Commissioner of Bill of Rights cannot be invoked against private
(community) taxes, non-payment of a tax may be the subject of it is found. Customs v. Manila Electric Company, G.R. No. L-23623, individuals. In the absence of governmental interference,
subject of criminal prosecution and punishment. The June 30, 1977) the liberties guaranteed by the Constitution cannot be
accused cannot invoke the prohibition against Progressive system of taxation invoked. Put differently, the Bill of Rights is not meant to
imprisonment for debt, as taxes are not considered Tax vs. License fee be invoked against acts of private individuals. (Yrasegui
debts. Means that the tax rate increases as the tax base v. PAL, G.R. No. 168081, Oct. 17, 2008)
increases. TAX LICENSE FEE
Scope of legislative discretion I the exercise of Levied in exercise of Imposed in the exercise of the NOTE: However, where the husband invoked his right to
taxation Double taxation the taxing power police power of the state privacy of communication and correspondence against a
The purpose of the License fees are imposed for private individual, his wife, who had forcibly taken from
1. Whether to tax in the first place It means taxing the same property twice when it should tax is to generate regulatory purposes which his cabinet documents and private correspondence, and
2. Whom or what to tax be taxed only once; that is, “taxing the same person twice revenues means that it must only be of presented as evidence against him, the Supreme Court

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held these papers are inadmissible in evidence, 4. Judgment to be rendered after lawful hearing, Although a deportation proceeding does not partake of ---
upholding the husband’s right to privacy. (Zulueta v. CA, clearly explained as to the factual and legal bases. the nature of a criminal action, however, considering that Q: Ordinance 6537 of the City of Manila makes it
(Art. VII, Sec. 14, 1987 Constitution) it is a harsh and extraordinary administrative unlawful for non- Filipino citizens to be employed or
G.R. No. 107383, Feb. 20 1996) proceeding affecting the freedom and liberty of a person, to be engaged in any kind of trade, business or
Requisites of due process in administrative the constitutional right of such person to due process occupation within the City of Manila, without
proceedings should not be denied. Thus, the provisions of the Rules of securing an employment permit from the Mayor of
DUE PROCESS (See discussion under Administrative Law, Administratice Court of the Philippines particularly on criminal Manila. Is the ordinance unconstitutional?
Due Process) procedure are applicable to deportation proceedings.
(Lao Gi v. CA, GR. No. 81789, Dec. 29, 1989) A: YES. The ordinance is unconstitutional. While it is
Due process clause (1992, 1999, 2007, 2009 Bar) Administrative vs. Judicial due process true that the Philippines as a State is not obliged to admit
--- aliens within its territory, once an alien is admitted, he
No person shall be deprived of life, liberty, or property BASIS ADMINISTRATIVE JUDICIAL Q: Scheer, a German, was granted permanent cannot be deprived of life without due process of law.
without due process of law, nor shall any person be Opportunity to A day in court resident status in the country. In a letter, Vice Consul This guarantee includes the means of livelihood. The
denied the equal protection of the laws. (1987 Essence Hippelein informed the Philippine Ambassador to ordinance amounts to a denial of the basic right of the
explain one’s side
Constitution, Art. III, Sec. 1) Usually through Submission of Germany that the respondent had police records and people of the Philippines to engage in the means of
seeking a pleadings and financial liabilities in Germany. The Board of livelihood. (Mayor Villegas v. Hiu Ching Tsai Pao Hao, G.R.
Due process means: reconsideration of oral arguments Commissioners (BOC) thereafter issued a Summary No. L-29646, Nov. 10, 1978)
Means the ruling or the Deportation Order. It relied on the correspondence ---
1. There shall be a law prescribed in harmony action taken, or from the German Vice Consul on its speculation that
with the general powers of the legislature; appeal to a superior it was unlikely that the German Embassy will issue a
2. It shall be reasonable in its operation; authority new passport to the respondent; on the warrant of PROCEDURAL AND SUBSTANTIVE DUE PROCESS
3. It shall be enforced according to the regular Required when the Both are arrest issued by the District Court of Germany
methods of procedure prescribed; and administrative body essential: against the respondent for insurance fraud; and on
4. It shall be applicable alike to all citizens of the is exercising quasi- 1. Notice the alleged illegal activities of the respondent in Procedural vs. Substantive due process
State or to all of a class. (People v. Cayat, G.R. No. Notice and judicial function 2. Hearing Palawan. The BOC concluded that the respondent
L-45987, May 5, 1939) Hearing (PhilCom-Sat v. was not only an undocumented but an undesirable SUBSTANTIVE PROCEDURAL
Alcuaz, G.R. No. alien as well. Is the Summary Deportation Order is DUE PROCESS DUE PROCESS
Kinds of due process valid? This serves as a Serves as a
84818, Dec. 18,
1989). restriction on the restriction on
1. Procedural Due Process A: NO. Section 37(c) of Commonwealth Act No. 613, as government’s law actions of judicial
NOTE: See further discussion of Administrative Due Purpose
2. Substantive Due Process amended, provides that no alien shall be deported and rule-making and quasi-judicial
Process under Administrative Law
without being informed of the specific grounds for powers. agencies of the
RELATIVITY OF DUE PROCESS deportation or without being given a hearing under rules government.
Due Process in academic and disciplinary
of procedure to be prescribed by the Commissioner of 1. The interests of 1. Impartial court
proceedings
Arises when the definition of due process has been left to Immigration. Under paragraphs 4 and 5 of Office the public in or tribunal
the best judgment of our judiciary considering the Memorandum Order No. 34, an alien cannot be deported general, as clothed with
Parties are bound by the rules governing academic
peculiarity and the circumstances of each case. In a litany unless he is given a chance to be heard in a full distinguished judicial power
requirements and standards of behavior prescribed by
of cases that have been decided in this jurisdiction, the deportation hearing, with the right to adduce evidence in from those of a to hear and
the educational institutions. Resort to courts is available
common requirement to be able to conform to due his behalf. The respondent was not afforded any hearing particular class, determine the
to parties. (Vivares and Suzara v. St. Theresa’s College,
process is fair play, respect for justice and respect for the at all. The BOC simply concluded that the respondent require the matters before
G.R. No. 202666, Sept. 29, 2014) committed insurance fraud and illegal activities in
better rights of others. In accordance with the standards intervention of it.
of due process, any court at any particular time, will be Palawan without any evidence. The respondent was not the state.
Requisites of student discipline proceedings afforded a chance to refute the charges. He cannot, thus,
well guided, instead of being merely confined strictly to a
precise definition which may or may not apply in every be arrested and deported without due process of law as 2. Jurisdiction
Student discipline proceedings may be summary and 2. The means
case. required by the Bill of Rights of the Constitution. employed are properly
cross-examination is not an essential part thereof. (Domingo v. Scheer, G.R. No. 154745, January 29, 2004)
However, to be valid, the following requirements must reasonably acquired over
--- necessary for the the person of
Due process in judicial proceedings be met: Requisites
1. Written notification sent to the student/s accomplishment the defendant
Instances when hearings are not necessary of the purpose and over
Whether in civil or criminal judicial proceedings, due informing the nature and cause of any
process requires that there be: accusation against him/her; and not unduly property which
1. When administrative agencies are exercising oppressive upon is the subject
2. Opportunity to answer the charges, with the their quasi-legislative functions
1. An impartial and disinterested court clothed by law individuals. matter of the
assistance of a counsel, if so desired; 2. Abatement of nuisance per se
with authority to hear and determine the matter proceeding.
3. Presentation of one’s evidence and examination 3. Granting by courts of provisional remedies
before it. 3. Opportunity to
of adverse evidence; 4. Cases of preventive suspension be heard.
4. Evidence must be duly considered by the 5. Removal of temporary employees in the
NOTE: The test of impartiality is whether the 4. Judgment
investigating committee or official designated government service
judge’s intervention tends to prevent the proper rendered upon
by the school authorities to hear and decide the 6. Issuance of warrants of distraint and/or levy by
presentation of the case or the ascertainment of the lawful hearing
case. (Guzman v. NU, G.R. No. L-68288, July 11, the BIR Commissioner
truth. and based on
1986) 7. Cancellation of the passport of a person evidence
5. The penalty imposed must be proportionate to charged with a crime
2. Jurisdiction lawfully acquired over the defendant or adduced.
the offense. 8. Suspension of a bank’s operations by the
the property which is the subject matter of the
Monetary Board upon a prima facie finding of
proceeding Due process in deportation proceedings liquidity problems in such bank
3. Notice and opportunity to be heard be given to the
defendant

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SUBSTANTIVE DUE PROCESS (see Extradition section under PIL for discussion) What is crucial is that official action must meet minimum Bill of Rights also protects property rights, the primacy
standards of fairness to the individual, which generally of human rights over property rights is
Substantive due process --- encompass the right of adequate notice and a meaningful recognized. Property and property rights can be lost thru
Q: A complaint was filed against respondent Camille opportunity to be heard. prescription; but human rights are imprescriptible. In
It requires the intrinsic validity of the law in interfering Gonzales, then Chief Librarian, Catalog Division, of the hierarchy of civil liberties, the rights of free
with the rights of the person to his life, liberty, or the National Library for dishonesty, grave It is not required that procedural due process be expression and of assembly occupy a preferred position
property. If a law is invoked to take away one’s life, misconduct and conduct prejudicial to the best afforded at every stage of developing disciplinary action. as they are essential to the preservation and vitality of
liberty or property, the more specific concern of interest of the service. The DECS investigating What is required is that an adequate hearing be held our civil and political institutions. (Philippine Blooming
substantive due process is not to find out whether said committee was created to inquire into the charges before the final act of dismissal. (Cudia v. Superintendent Mills Employees Organization v. Philippine Blooming Mills
law is being enforced in accordance with procedural against Gonzales. Is she entitled to be informed of of the PMA, G.R. No. 211362, Feb. 24, 2015) Co., Inc., G.R. No. L-31195, June 5, 1973) (2012 Bar)
formalities but whether the said law is a proper exercise the findings and recommendations of the ---
of legislative power. investigating committee? The right to property may be subject to a greater degree
CONSTITUTIONAL AND STATUTORY DUE PROCESS of regulation but when this right is joined by a "liberty"
--- A: NO. It must be stressed that the disputed investigation interest, the burden of justification on the part of the
Q: The City of Manila enacted Ordinance 7783, which report is an internal communication between the DECS Constitutional due process vs. Statutory due process Government must be exceptionally convincing and
prohibited the establishment or operation of Secretary and the Investigation Committee, and it is not irrefutable (Adiong v. COMELEC, G.R. No. 103956, March
business “providing certain forms of amusement, generally intended for the perusal of respondent or any CONSTITUTIONAL DUE STATUTORY DUE 31, 1992).
entertainment, services and facilities where women other person for that matter, except the DECS PROCESS PROCESS
are used as tools in entertainment and which tend to Secretary. She is entitled only to the administrative Protects the individual While found in the Labor The freedom of expression is a "preferred" right and,
disturb the community, among the inhabitants and decision based on substantial evidence made of record, from the government and Code and Implementing therefore, stands on a higher level than substantive
adversely affect the social and moral welfare of and a reasonable opportunity to meet the charges and assures him of his rights Rules, it protects economic or other liberties. The primacy, the high estate
community”. Owners and operators concerned were the evidence presented against her during the hearings in criminal, civil or employees from being accorded freedom of expression is a fundamental
given three months to wind up their operations or to of the investigation committee. (Pefianco v. Moral, GR. No. administrative unjustly terminated postulate of our constitutional system. (Gonzales v.
transfer to any place outside the Ermita-Malate area, 132248, Jan. 19, 2000) proceedings without just cause after COMELEC, G.R. No. L-27833, April 18, 1969)
or convert said business to other kinds of business --- notice and hearing.
which are allowed. Does the ordinance violate the --- (Agabon v. NLRC, G.R. No.
due process clause? Q: Cadet 1CL Cudia was a member of Siklab Diwa The constitutional right to the free exercise of one's
158693, Nov. 17, 2004)
Class of 2014 of the PMA. Prof. Berong issued a religion has primacy and preference over union security
A: YES. These lawful establishments may only be Delinquency Report (DR) against Cadet 1CL Cudia measures which are merely contractual. (Victoriano v.
NOTE: The Bill of rights is not meant to be invoked Elizalde Rope Workers’ Union, G.R. No. L-25246, Sept. 12,
regulated. They cannot be prohibited from carrying on because he was late for two minutes in his class. against acts of private individuals like employers. Private
their business. This is a sweeping exercise of police Cudia reasoned out that: “I came directly from 1974)
actions, no matter how egregious, cannot violate
power, which amounts to interference into personal and OR432 Class. We were dismissed a bit late by our constitutional due process.
private rights which the court will not countenance. instructor Sir.” JUDICIAL STANDARDS OF REVIEW
There is a clear invasion of personal or property rights, Effect when due process is not observed
personal in the case of those individuals desiring of The Company Tactical Officer (CTO) of Cadet 1CL 1. Deferential review – Laws are upheld if they
owning, operating and patronizing those motels and Cudia penalized him with demerits. Cudia addressed The cardinal precept is that where there is a violation of rationally further a legitimate governmental
property in terms of investments made and the salaries his Request for Reconsideration to his Senior basic constitutional rights, courts are ousted from their interest, without courts seriously inquiring into the
to be paid to those who are employed therein. If the City Tactical Officer (STO), but the STO sustained the jurisdiction. The violation of a party's right to due substantiality of such interest and examining the
of Manila desired to put an end to prostitution, penalty. The CTO reported him to the PMA Honors process raises a serious jurisdictional issue which cannot alternative means by which the objectives could be
fornication, and other social ills, it can instead impose Committee (HC) for violation of the Honor Code. be glossed over or disregarded at will. Where the denial achieved
reasonable regulations such as daily inspections of the of the fundamental right to due process is apparent, a 2. Intermediate review – The substantiality of the
establishments for any violation of the conditions of decision rendered in disregard of that right is void for governmental interest is seriously looked into and
When the members of the HC casted their votes
their licenses or permits, it may exercise its authority to lack of jurisdiction. This rule is equally true in quasi- the availability of less restrictive alternatives is
through secret balloting, the result was 8-1 in favor
suspend or revoke their licenses for these violations; and judicial and administrative proceedings, for the considered.
of a guilty verdict. After further deliberation, the
it may even impose increased license fees (City of Manila constitutional guarantee that no man shall be deprived 3. Strict scrutiny – The focus is on the presence of
Presiding Officer announced the 9-0 guilty verdict.
v. Laguio, Jr. GR. No. 118127, April 12, 2005). of life, liberty, or property without due process is compelling, rather than substantial governmental
Cudia contested the dismissal as being violative of
--- unqualified by the type of proceedings (whether judicial interest and on the absence of less restrictive means
his right to due process.
or administrative) where he stands to lose the same. for achieving that interest. (Separate opinion of
PROCEDURAL DUE PROCESS (Garcia v. Molina and Velasco, G.R. Nos. 157383 and Justice Mendoza in Estrada v. Sandiganbayan, G.R.
Was the dismissal of Cudia a denial of his right to due 174137, August 10, 2010) No. 148965, Feb. 26, 2002)
Procedural due process process?
Effect of Waiver/Estoppel NOTE: Given the fact that not all rights and freedoms or
Relates to the mode of procedure which government A: NO. Due process in disciplinary cases involving liberties under the Bill of Rights and other values of
agencies must follow in the enforcement and application students does not entail proceedings and hearings Due process is satisfied when the parties are afforded a society are of similar weight and importance,
of laws. similar to those prescribed for actions and proceedings fair and reasonable opportunity to explain their governmental regulations that affect them would have to
in courts of justice; that the proceedings may be respective sides of the controversy. Thus, when the party be evaluated based on different yardsticks, or standards
The fundamental elements of procedural due summary; that cross-examination is not an essential part seeking due process was in fact given several of review.
process of the investigation or hearing; and that the required opportunities to be heard and air his side, but it is by his
proof in a student disciplinary action, which is an own fault or choice he squanders these chances, then his VOID-FOR-VAGUENESS DOCTRINE
1. Notice (to be meaningful, must be as to time administrative case, is neither proof beyond reasonable cry for due process must fail. (2010, 2014 Bar)
and place) doubt nor preponderance of evidence but only
2. Opportunity to be heard substantial evidence or “such relevant evidence as a HIERARCHY OF RIGHTS A law is vague when it lacks comprehensive standards
3. Court/tribunal must have jurisdiction reasonable mind might accept as adequate to support a that men of common intelligence must necessarily guess
conclusion.” at its common meaning and differ as to its application. In
There is a hierarchy of constitutional rights. While the
Due process in extradition proceedings

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such instance, the statute is repugnant to the clause cannot sanction. Such discriminating issued a Temporary Protection Order. Jesus argues be considered as conscientious objectors. Is this
Constitution because: differentiation clearly reverberates to label the that RA 9262 violates the guarantee of equal provision unconstitutional?
1. It violates due process for failure to accord commission as a vehicle for vindictiveness and selective protection because the remedies against personal
persons, especially the parties targeted by it, retribution (Biraogo v. Philippine Truth Commission of violence that it provides may be invoked only by the A: YES. This is discriminatory and violative of the equal
fair notice of what conduct to avoid 2010, G.R. No. 192935, Dec. 7, 2010). wives or women partners but not by the husbands or protection clause. The conscientious objection clause
2. It leaves law enforcers an unbridled discretion --- male partners even if the latter could possibly be should be equally protective of the religious belief of
in carrying out its provisions. (People v. de la --- victims of violence by their women partners. Does public health officers. There is no perceptible distinction
Piedra, G.R. No. 128777, Jan. 24, 2001) Q: Are aliens entitled to the protection of equal RA 9262 (VAWC) violate the equal the protection why they should not be considered exempt from the
protection clause? clause of the Constitution? mandates of the law. The protection accorded to other
The "void-for-vagueness" doctrine does not apply as conscientious objectors should equally apply to all
against legislations that are merely couched in imprecise A: GR: It applies to all persons, both citizens and aliens. A: NO. RA 9262 rests on substantial distinction. There is medical practitioners without distinction whether they
language but which specify a standard though defectively The Constitution places the civil rights of aliens on equal an unequal power relationship between women and men belong to the public or private sector. After all, the
phrased; or to those that are apparently ambiguous yet footing with those of the citizens. and the fact that women are more likely than men to be freedom to believe is intrinsic in every individual and the
fairly applicable to certain types of activities. The first victims of violence and the widespread gender bias and protective robe that guarantees its free exercise is not
may be "saved" by proper construction, while no XPN: Statutes may validly limit exclusively to citizens the prejudice against women all make for real differences taken off even if one acquires employment in the
challenge may be mounted as against the second enjoyment of rights or privileges connected with public justifying the classification under the law. The government. (Imbong v. Ochoa G.R. No. 204819 April 8,
whenever directed against such activities. domain, the public works, or the natural resources of the classification is germane to the purpose of the law. The 2014)
State. distinction between men and women is germane to the ---
The Supreme Court held that the doctrine can only be --- purpose of RA 9262, which is to address violence ---
invoked against that species of legislation that is utterly committed against women and children. As spelled out in Q: The New Central Bank Act created two categories
vague on its face, i.e., that which cannot be clarified NOTE: The rights and interests of the State in these its Declaration of Policy, the State recognizes the need to of employees: (1) Bangko Sentral ng Pilipinas officers
either by a saving clause or by construction. (Estrada v. things are not simply political but also proprietary in protect the family and its members particularly women who are exempt from the Salary Standardization Law
Sandiganbayan, G.R. No. 148560, Nov. 19, 2001) nature and so citizens may lawfully be given preference and children, from violence and threats to their personal (SSL) and (2) rank-and-file employees with salary
over aliens in their use or enjoyment. safety and security. Moreover, the application of RA grade 19 and below who are not exempt from the
The test in determining whether a criminal statute is 9262 is not limited to the existing conditions when it was SSL. Subsequent to the enactment of the Act, the
void for uncertainty is whether the language conveys a Rationale for allowing, in exceptional cases, valid promulgated, but to future conditions as well, for as long charters of the Land Bank of the Philippines and all
sufficiently definite warning as to the proscribed conduct classification based on citizenship as the safety and security of women and their children other Government Financial Institutions (GFIs) were
when measured by common understanding and practice. are threatened by violence and abuse. Furthermore, RA amended exempting all their personnel, including
It must be stressed, however, that the "vagueness Aliens do not naturally possess the sympathetic 9262 applies equally to all women and children who the rank-and-file employees, from the coverage of
doctrine merely requires a reasonable degree of consideration and regard for customers with whom they suffer violence and abuse. the SSL. BSP Employees Association filed a petition to
certainty for the statute to be upheld - not absolute come in daily contact, nor the patriotic desire to help prohibit the BSP from implementing the provision of
precision or mathematical exactitude (Ibid.). bolster the nation’s economy, except in so far as it There is likewise no merit to the contention that R.A. the Act for they were illegally discriminated against
enhances their profit, nor the loyalty and allegiance 9262 singles out the husband or father as the culprit. As when they were placed within the coverage of the
NOTE: The void-for-vagueness doctrine cannot be used which the national owes to the land. These limitations on defined above, VAWC may likewise be committed SSL. Was there a violation of the equal protection
to impugn the validity of a criminal statute using “facial the qualifications of aliens have been shown on many "against a woman with whom the person has or had a clause of the Constitution?
challenge” but it may be used to invalidate a criminal occasions and instances, especially in times of crisis and sexual or dating relationship." Clearly, the use of the
statute “as applied” to a particular defendant. emergency. (Ichong v. Hernandez, G.R. No. L-7995, May gender-neutral word "person" who has or had a sexual A: YES. In the field of equal protection, the guarantee
31, 1957) or dating relationship with the woman encompasses that “no person shall be denied the equal protection of
even lesbian relationships. Moreover, while the law the laws” includes the prohibition against enacting laws
REQUISITES FOR VALID CLASSIFICATION provides that the offender be related or connected to the that allow invidious discrimination, directly or indirectly.
EQUAL PROTECTION OF THE LAWS victim by marriage, former marriage, or a sexual or If a law has the effect of denying the equal protection of
The classification must (S-G-Ex-A) dating relationship, it does not preclude the application the law, or permits such denial, it is unconstitutional. It is
of the principle of conspiracy under the Revised Penal against this standard that the disparate treatment of the
CONCEPT 1. Rest on substantial distinctions Code. (Garcia v. Drilon G.R. No. 179267 June 25, 2013) BSP rank-and-file from the other Government Financial
2. Be germane to the purpose of the law --- Institutions (GFI) cannot stand judicial scrutiny. For, as
All persons or things similarly situated should be treated 3. Not be limited to existing conditions only; regards the exemption from the coverage of the SSL,
alike, both as to rights conferred and responsibilities 4. Apply equally to all members of the same class. NOTE: In his separate concurring opinion, Justice Abad there exists no substantial distinction so as to
imposed. It guarantees equality, not identity of rights. It (People v. Cayat, GR. No. L-45987, May 5, 1939) said that 9262 is discriminatory but it does not deny differentiate the BSP rank-and-file from the other rank-
does not forbid discrimination as to persons and things equal protection because of the concept of expanded and-file of other GFIs. The challenged provision of the
Basis for classification equal protection clause enshrined by Sec. 1 Art. XIII and New Central Bank Act was facially neutral insofar as it
that are different. What it forbids are distinctions based
Sec 14 Art II of the Constitution and because of this, the did not differentiate between the rank-and-file
on impermissible criteria unrelated to a proper
1. Age equal protection clause can be interpreted not only as a employees of the BSP and the rank-and-file employees of
legislative purpose, or class or discriminatory legislation,
2. Gender guarantee of formal equality (if it passes the other GFIs, and yet its effects, when taken in light of the
which discriminates against some and favors others
3. Religion “reasonableness test”) but also of substantive equality. exemption of the latter employees from the SSL, were
when both are similarly situated.
4. Economic Class The expanded equal protection clause should be discriminatory. (Central Bank Employees Association, Inc.,
5. Ethnicity understood as meant to “reduce social, economic, and v. Bangko Sentral ng Pilipinas, G.R. No. 148208, Dec. 15,
---
6. Race political inequalities, and remove cultural inequities by 2004)
Q: EO 1 was issued by President Aquino to
7. Sexual Orientation equitably diffusing wealth and political power for the ---
investigate reported cases of graft and corruption of
8. Residence common good.” ---
the Arroyo administration. Is such action valid?
9. Disability Q: The Quezon City government passed an ordinance
10. Date of filing/ Effectivity of the law --- imposing garbage collection fees. The fee imposed
A: NO. It must be borne in mind that the Arroyo
Q: Sec. 5.23 of the Reproductive Health Law-IRR for a condominium unit occupant is higher than that
administration is but just a member of a class, that is, a
--- provides that skilled health professional such as of a residential lot owner. Does this violate the equal
class of past administrations. It is not a class of its own.
Q: Rosalie Garcia filed a case against her husband, provincial, city or municipal health officers, chiefs of protection clause?
Not to include past administrations similarly situated
Jesus Garcia, for violation of RA 9262. The RTC then hospital, head nurses, supervising midwives cannot
constitutes arbitrariness which the equal protection

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demonstrates otherwise. (Central Bank Search warrant vs. Warrant of arrest confiscate any and all kinds of evidence or articles
A: YES. For the purpose of garbage collection, there is, in Employees Association Inc. v. BSP, GR. No. relating to an offense.
fact, no substantial distinction between an occupant of a 148208. December 15, 2004) BASIS SEARCH WARRANT OF
lot, on one hand, and an occupant of a unit in a WARRANT ARREST Purpose of particularity of description in search
condominium, socialized housing project or apartment, Rational Basis Test vs. Strict Scrutiny The judge must It is not warrants
on the other hand. Most likely, garbage output produced personally necessary that
by these types of occupants is uniform and does not vary RATIONAL BASIS TEST STRICT SCRUTINY examine in the the judge should 1. Readily identify the properties to be seized and thus
to a large degree; thus, a similar schedule of fee is both Applies to legislative Applies to legislative form of personally prevent the peace officers from seizing the wrong
just and equitable. The rates being charged by the classifications in general, classifications affecting searching examine the items
ordinance are unjust and inequitable: a resident of a 200 such as those pertaining to fundamental rights or questions and complainant and 2. Leave peace officers with no discretion regarding
sq. m. unit in a condominium or socialized housing economic or social suspect classes. answers, in his witnesses; the the articles to be seized and thus prevent
project has to pay twice the amount than a resident of a legislation, which do not As to authority, writing and judge would unreasonable searches and seizures. (Bache and Co.
lot similar in size; unlike unit occupants, all occupants of affect fundamental rights which examines under oath, the simply personally v. Ruiz, 37 SCRA 823)
a lot with an area of 200 sq. m. and less have to pay a of suspect classes; or is not complainant and review the initial
fixed rate of Php100.00; and the same amount of garbage based on gender or the witnesses he determination of Particularity of description for a search warrant is
fee is imposed regardless of whether the resident is from illegitimacy may produce on the prosecutor to complied with when:
a condominium or from a socialized housing project. Legislative purpose must Legislative purpose must facts personally see if it is
(Ferrer v. Bautista, G.R. No. 210551, June 30, 2015) be legitimate be compelling known to them. supported by 1. The description therein is as specific as the
--- Classification must be Classification must be substantial circumstances will ordinarily allow; or
rationally related to the necessary and narrowly evidence. 2. The description expresses a conclusion of fact, not
NOTE: The legislature may not validly classify the legislative purpose tailored to achieve the The He merely of law, by which the warrant officer may be guided
citizens of the State on the basis of their origin, race, or legislative purpose determination determines the in making the search and seizure; or
parentage. But the difference in status between citizens (Central Bank Employees Association Inc. v. BSP, GR. No. of probable probability, not 3. The things described are limited to those which
and aliens constitutes a basis for reasonable 148208, Dec. 15, 2004). cause depends the certainty of bear direct relation to the offense for which the
classification in the exercise of police power. (Demore v. to a large extent guilt of the warrant is being issued
Kim, 538 U.S. 510, 2003) 3. Intermediate Scrutiny Test – It requires that the upon the finding accused and, in
or opinion of the so doing, he need NOTE: If the articles desired to be seized have any direct
classification (means) must serve an important Basis of
STANDARDS OF JUDICIAL REVIEW judge who not conduct a relation to an offense committed, the applicant must
governmental objective (ends) and is substantially determination
conducted the new hearing. necessarily have some evidence other than those articles
related to the achievement of such objective. A
Tests in determining compliance with the equal required to prove said offense. The articles subject of search and
classification based on sex is the best-established
protection clause (2015 Bar) examination of seizure should come in handy merely to strengthen such
example of an intermediate level of review
the applicant evidence.
(Concurring Opinion of Justice Leonardo-De Castro in
1. Rational Basis Test – The traditional test, which Garcia v. Drilon, G.R. No. 179267, June 25, 2013). and the
requires "only that government must not impose witnesses. Properties subject to seizure
differences in treatment except upon some
reasonable differentiation fairly related to the object WARRANT REQUIREMENT 1. Property subject of the offense
of regulation." Simply put, it merely demands that 2. Stolen or embezzled property and other
SEARCHES AND SEIZURES
the classification in the statute reasonably relates to Requisites of a valid search warrant and warrant of proceeds or fruits of the offense
the legislative purpose. (Concurring Opinion of arrest 3. Property used or intended to be used as means
Justice Leonardo-De Castro in Garcia v. Drilon, G.R. for the commission of an offense
CONCEPT
No. 179267, June 25, 2013) 1. It must be issued upon determination of probable
cause; NOTE: Seized items in violation of Art. 201 of the RPC,
Right against unreasonable searches and seizures such as immoral doctrines, obscene publications and
2. Strict Scrutiny Test – Refers to the standard for (1990, 1991, 1992, 1993, 2000, 2001, 2002, 2005, 2. The probable cause must be determined by the
judge himself and not by the applicant or any other indecent shows, can be destroyed even if the accused
determining the quality and the amount of 2008 Bar)
person; was acquitted. P.D. No. 969 (An Act amending Art. 201)
governmental interest brought to justify the
3. In the determination of probable cause, the judge mandates the forfeiture and destruction of pornographic
regulation of fundamental freedoms. Strict scrutiny Right of the people to be secure in their persons, houses,
must examine, under oath or affirmation, the materials involved in the violation of Article 201 of the
is used today to test the validity of laws dealing with papers, and effects against unreasonable searches and
complainant and such witnesses as the latter may Revised Penal Code, even if the accused was acquitted.
the regulation of speech, gender, or race as well as seizures of whatever nature and for any purpose shall be
produce; and (Nogales v. People, G.R. No. 191080, Nov. 21, 2011)
other fundamental rights as expansion from its inviolable, and no search warrant or warrant of arrest
earlier applications to equal protection.n (White shall issue except upon probable cause to be determined 4. The warrant issued must particularly describe the
place to be searched and persons and things to be Court with the primary jurisdiction in issuing search
Light Corporation v. City of Manila, G.R. No. 122846, personally by the judge after examination under oath or
seized. (HPS Software and Communication warrants
Jan. 20, 2009) affirmation of the complainant and the witnesses he may
Corporation and Yap v. PLDT, G.R. Nos. 170217 and
produce, and particularly describing the place to be The RTC where the criminal case is pending or if no
It is applied when the challenged statute either: 170694, December 10, 2012)
searched and persons or things to be seized. (1987 information has yet been filed, in RTC in the area/s
a. Classifies on the basis of an inherently suspect Constitution, Art. 3, Sec. 2)
NOTE: General warrant is not allowed. It must be issued contemplated. An RTC not having territorial jurisdiction
characteristic;
pursuant to a specific offense. (Stonehill v. Diokno, L- over the place to be searched, however, may issue a
b. Infringes fundamental constitutional rights; Essence of privacy
19550, June 19, 1967) search warrant where the filing of such is necessitated
that all legal restrictions which curtail the civil
and justified by compelling considerations of urgency,
rights of a single racial group are immediately The right to be left alone. In context, the right to privacy
General warrants subject, time, and place.
suspect. That is not to say that all such means the right to be free from unwarranted
restrictions are unconstitutional. It is to say exploitation of one’s person or from intrusion into ones’
Warrants of broad and general characterization or Nature of search warrant proceedings
that courts must subject them to the most rigid private activities in such a way as to cause humiliation to
scrutiny. The presumption of constitutionality sweeping descriptions which will authorize police
a person’s ordinary sensibilities. Neither a criminal action nor a commencement of a
is reversed; that is, such legislation is assumed officers to undertake a fishing expedition to seize and
prosecution. It is solely for the possession of personal
to be unconstitutional until the government

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property. (United Laboratories, Inc. v. Isip, G.R. No. offense must have personal knowledge of that fact. The Charge, for appropriate action. Were unlawful means Plain View Doctrine (2012 Bar)
163858, June 28, 2005) offense must also be committed in his presence or within used by STC in gathering information about the
his view.” In Burgos, the authorities obtained photo? Under the plain view doctrine, objects falling in the
Probable cause information that the accused had forcibly recruited one "plain view" of an officer, who has a right to be in the
Cesar Masamlok as member of the New People’s Army, A: NO. Even assuming that the photos in issue are visible position to have that view, are subject to seizure and
Probable cause, as a condition for the issuance of a threatening the latter with a firearm. Upon finding the only to the sanctioned students’ Facebook friends, may be presented as evidence. It applies when the
search warrant, is such reasons supported by facts and accused, the arresting team searched his house and respondent STC can hardly be taken to task for the following requisites concur:
circumstances as will warrant a cautious man to believe discovered a gun as well as purportedly subversive perceived privacy invasion since it was the minors’ (J-I-A)
that his action and the means taken in prosecuting it are documents. (People v. Tudtud, G.R. No. 144037, Sept. 26, Facebook friends who showed the pictures to Tigol. 1. The law enforcement officer in search of the
legally just and proper. It requires facts and 2003) Respondents were mere recipients of what were posted. evidence has a prior justification for an intrusion
circumstances that would lead a reasonably prudent They did not resort to any unlawful means of gathering or is in a position from which he can view a
man to believe that an offense has been committed and Searching questions the information as it was voluntarily given to them by particular area;
that the objects sought in connection with that offense persons who had legitimate access to the said posts. 2. The discovery of the evidence in plain view is
are in the place to be searched. (HPS Software and Examination by the investigating judge of the Clearly, the fault, if any, lies with the friends of the inadvertent; and
Communications Corp. and Yap v. PLDT, G.R. Nos. 170217 complainant and the latter’s witnesses in writing and minors. Curiously enough, however, neither the minors 3. It is immediately apparent to the officer that the
and 170694, Dec. 10, 2012) under oath or affirmation, to determine whether there is nor their parents imputed any violation of privacy item he observes may be evidence of a crime,
a reasonable ground to believe that an offense has been against the students who showed the images to contraband, or otherwise subject to seizure.
Such facts and circumstances antecedent to the issuance committed and whether the accused is probably guilty Escudero. (Vivares v. St. Theresa’s College, G.R. No.
of a warrant that in themselves are sufficient to induce a thereof so that a warrant of arrest may be issued and he 202666, Sept. 29, 2014) The law enforcement officer must lawfully make an
cautious man to rely on them and act in pursuance may be held liable for trial. --- initial intrusion or properly be in a position from which
thereof. he can particularly view the area. In the course of such
A police officer cannot amplify or modify what has WARRANTLESS SEARCHES lawful intrusion, he came inadvertently across a piece of
The evidence necessary to establish probable cause is been set out in the warrant evidence incriminating the accused. The object must be
based only on the likelihood, or probability, of guilt. Instances of a valid warrantless search (2000, 2009, open to eye and hand, and its discovery inadvertent.
Such a change is proscribed by the Constitution which 2015 Bar) (Fajardo v. People, G.R. No. 190889)
(Estrada v. Office of the Ombudsman, et al., G.R. Nos. requires a search warrant to particularly describe the
212140–41, January 21, 2015, cited in ABS-CBN place to be searched; otherwise it would open the door NOTE: Plain view Doctrine cannot be applied where
1. Visual search is made of moving vehicles at
Corporation v. Gozon, G.R. No. 195956, March 11, 2015) to abuse of the search process, and grant to officers checkpoints there was no evidence in plain view of law enforcers
executing the search that discretion which the 2. Search is an incident to a valid arrest serving the search warrant. (United Laboratories, Inc. v.
Personal knowledge Constitution has precisely removed from them. Isip, G.R. No. 163858, June 28, 2005)
NOTE: An officer making an arrest may take from
1. The person to be arrested must execute an overt act The particularization of the description of the place to be the person: ---
indicating that he had just committed, is actually searched may properly be done only by the Judge, and a. Any money or property found upon his person Q: Jun, a drug pusher was entrapped in a buy bust
committing, or is attempting to commit a crime; and only in the warrant itself; it cannot be left to the which was used in the commission of the operation. He led the police officers to the house of
2. Such overt act is done in the presence or within the discretion of the police officers conducting the search. offense Gaddao, his supposed associate and her house was
view of the arresting officer. b. Was the fruit thereof searched. A cardboard box with bricks of marijuana
It is neither fair nor licit to allow police officers to search c. Which might furnish the prisoner with the inside was found in her residence. However,
NOTE: Initial hearsay information or tips from a place different from that stated in the warrant on the means of committing violence or escaping Gaddao’s warrantless arrest was declared illegal by
confidential informants could very well serve as basis for claim that the place actually searched – although not that d. Which might be used as evidence in the trial of the court. It follows that the search of her person and
the issuance of a search warrant, if followed up specified in the warrant – is exactly what they had in the case home and the subsequent seizure of the marked bills
personally by the recipient and validated. Looking at the view when they applied for the warrant and had and marijuana cannot be deemed legal as an incident
records, it is clear that Padilla and his companions were demarcated in their supporting evidence. What is 3. Search of passengers made in airports to her arrest. Was the marijuana in the cardboard
able to personally verify the tip of their informant…. The material in determining the validity of a search is the 4. When things seized are within plain view of a box in plain view during the search, making the
evidence on record clearly shows that the applicant and place stated in the warrant itself, not what applicants searching party (Plain View Doctrine) warrantless seizure valid and acceptable in
witnesses were able to verify the information obtained had in their thoughts, or had represented in the proofs 5. Stop and frisk (precedes an arrest) evidence?
from their confidential source. The evidence likewise they submitted to the court issuing the warrant. (People 6. When there is a valid express waiver made
shows that there was probable cause for the issuance of v. CA, 291 SCRA 400, June 26, 1998) voluntarily and intelligently A: NO. The law enforcement officer must lawfully make
a search warrant. Thus, the requirement of personal an initial intrusion or properly be in a position from
knowledge of the applicant and witnesses was clearly --- NOTE: Consent to a search is not to be lightly which he can particularly view the area. In the course of
satisfied in this case. (Microsoft Corporation v. Samir Q: Nenita and Julienne were graduating high school inferred, but shown by clear and convincing such lawful intrusion, he came inadvertently across a
Farajallah, G.R. No. 205800, Sept. 10, 2014) students at St. Theresa’s College (STC), Cebu City. piece of evidence incriminating the accused. The object
evidence. Consent must also be voluntary in order
While changing into their swimsuits for a beach must be open to eye and hand and its discovery
to validate an otherwise illegal search; that is, the
Mere “reliable information” will not satisfy the party they were about to attend, Julia and Julienne, consent must be unequivocal, specific, intelligently inadvertent.
“personal knowledge” requirement along with several others, took digital pictures of given, and uncontaminated by any duress or It is clear that an object is in plain view if the object itself
themselves clad only in their undergarments. These coercion. (Caballes v CA, 373 SCRA 221 [2002])
The long-standing rule in this jurisdiction, applied with a is plainly exposed to sight. The difficulty arises when the
pictures were then uploaded by Angela on her (2015 Bar)
great degree of consistency, is that “reliable information” object is inside a closed container. Where the object
Facebook profile.
alone is not sufficient to justify a warrantless arrest seized was inside a closed package, the object itself is not
In this case, petitioner was merely "ordered" to take in plain view and therefore cannot be seized without a
under Section 5 (a), Rule 113. The rule requires, in Back at the school, Escudero, a computer teacher at out the contents of his pocket. (Alcaraz v. People, warrant. However, if the package proclaims its contents,
addition, that the accused perform some overt act that STC’s high school department, learned from her G.R. No. 199042, Nov. 17, 2014) whether by its distinctive configuration, its
would indicate that he “has committed, is actually students that some seniors at STC posted pictures
committing, or is attempting to commit an offense.” transparency, or if its contents are obvious to an
online, depicting themselves from the waist up, 7. Customs search observer, then the contents are in plain view and may be
In the leading case of People v. Burgos, this Court held dressed only in brassieres. Escudero reported the 8. Exigent and emergency circumstances (People v. De seized. (People v. Doria, G.R. No. 125299, Jan. 22, 1999)
that “the officer arresting a person who has just matter and, through one of her student’s Facebook Gracia, 233 SCRA 716) ---
committed, is committing, or is about to commit an page, showed the photos to Tigol, STC’s Discipline-in-

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Stop-and-frisk search (2009, 2012 Bar) tested for intoxication. What the policemen claimed was with pending cases in the CSC. A search by a government warrantless search and seizure of the firearm and
that it took the three (3) of them to subdue the fifty-five employer of an employee’s office is justified at inception ammunition justified as an incident to a lawful
Limited protective search of outer clothing for weapons. year old petitioner. Both actions were done in excess of when there are reasonable grounds for suspecting that it arrest?
Probable cause is not required but a genuine reason their authority granted under RA 4136. (Sydeco v. People, will turn up evidence that the employee is guilty of work-
must exist in light of a police officer’s experience and G.R. No. 202692, Nov. 12, 2014) related misconduct. (Pollo v. David G.R. No. 181881 Oct. A: NO. The scope of the warrantless search is not
surrounding conditions to warrant the belief that the 18, 2011) without limitations. A valid arrest allows the seizure of
person detained has weapons concealed. (Malacat v. CA, --- --- evidence or dangerous weapons either on the person of
G.R. No. 123595, Dec. 12, 1997) Q: Jamie was a lady frisker whose duty is to frisk --- the one arrested or within the area of his immediate
departing passengers, employees, and crew and Q: Luz was flagged down by PO3 Alteza for driving a control. The purpose of the exception is to protect the
Checkpoints check for weapons, bombs, prohibited drugs, motorcycle without a helmet. Alteza invited Luz to arresting officer from being harmed by the person
contraband goods, and explosives. When she frisked their sub-station and while issuing a citation ticket arrested, who might be armed with a concealed weapon,
Searches conducted in checkpoints are lawful, provided Rozanne, a boarding passenger, she felt something for violation of municipal ordinance, Alteza was and to prevent the latter from destroying evidence
the checkpoint complies with the following requisites: hard on Rozanne’s abdominal area which was later alerted by the latter’s uneasy movement and asked within reach. In this case, search was made in the locked
1. The establishment of checkpoint must be found to be 3 packs of shabu. Can Rozanne Dela Cruz him to put out the contents of the pocket of his cabinet which cannot be said to have been within
pronounced; invoke a violation of the search and seizure clause? jacket. It was revealed that Luz was in possession of Valeroso's immediate control. Thus, the search exceeded
2. It must be stationary, not roaming; and prohibited drugs. Can the roadside questioning of a the bounds of what may be considered as an incident to a
3. The search must be limited to visual search and A: NO. Persons may lose the protection of the search and motorist detained pursuant to a routine traffic stop lawful arrest (Valeroso v. CA, G.R. No. 164815, Sept. 3,
must not be an intrusive search. seizure clause by exposure of their persons or property be considered a formal arrest? 2009).
to the public in a manner reflecting a lack of subjective ---
NOTE: Not all searches and seizures are prohibited. expectation of privacy, which expectation society is A: NO. The time he was waiting for Alteza to write his ---
Between the inherent right of the State to protect its prepared to recognize as reasonable. Such recognition is citation ticket may be characterized as waiting time. Luz Q: A buy-bust operation was conducted in Jogie’s
existence and promote public welfare and an individual’s implicit in airport security procedures. With increased could not be said to have been under arrest. There was store. Police Officer CA Mindaro posed as a buyer
right against warrantless search which is however concern over airplane hijacking and terrorism has come no intention on the part of Alteza to arrest him, deprive and bought marijuana from Jogie. After the exchange
reasonably conducted, the former should prevail. increased security at the nation’s airport (People v. Leila him of his liberty, or take him into custody. In fact, Alteza of marked money and marijuana, Mindaro arrested
Johnson, G.R. No.138881, Dec. 18, 2000). himself testified that it was only for the sake of Jogie without a warrant. The other police officer
A checkpoint is akin to a stop-and-frisk situation whose --- convenience that they were waiting at the sub-station. searched the store and seized a plastic container
object is either to determine the identity of suspicious --- (Luz v. People of the Philippines, G.R. No. 197788, 29 containing six marijuana stocks. Thereafter, Jogie
individuals or to maintain the status quo momentarily Q: Civil Service Commission (CSC) Chairperson February 2012) was charged with selling marijuana. Is the
while the police officers seek to obtain more information. Karina Constantino-David received an anonymous --- warrantless seizure of marijuana legal?
(Valmonte v. De Villa, GR.83988, Sept. 29, 1989) letter alleging that the chief of CSC’s Legal Division, ---
Ricky Pollo, is acting as a lawyer of an accused Q: A search was conducted on Mar. 3, 1986 during A: YES. The search being an incident to a lawful arrest, it
Motorists and their vehicles passing though government employee who has a pending case in the which, the Philippines has no Constitution. The needed no warrant for its validity. The accused having
checkpoints may also be stopped and extensively CSC. Consequently, a team with IT background was Constabulary raiding team searched the house of been caught in flagrante delicto, the arresting officers
searched formed to back up all the files in the computers Elizabeth Dimaano by virtue of a search warrant and were duty bound to apprehend her immediately. The
found in the Legal Division. Pollo was not present thereafter seized some items not included in the warrantless search and seizure, as an incident to a lawful
While, as a rule, motorists and their vehicles passing during the backing-up and was only informed warrant. Dimaano questioned the search for being arrest, may extend to include the premises under the
though checkpoints may only be subjected to a routine through text message. It was then found that most of violative of the Constitution. Can she invoke her right immediate control of the accused. The accused may not
inspection, vehicles may be stopped and extensively the files sourced from the computer used by Pollo against unreasonable searches and seizures during successfully invoke the right against a warrantless
searched when there is probable cause which justifies a were pleadings and letters connected with pending the interregnum? search, even as regards the plastic container with dried
reasonable belief among those at the checkpoints that cases in CSC and other tribunals. He was found guilty marijuana leaves found on the table in her store. (People
either the motorist is a law offender or the contents of of dishonesty, grave misconduct and conduct A: YES. The Bill of Rights under the 1973 Constitution v. Salazar, G.R. No. 98060, Jan. 27, 1997)
the vehicle are or have been instruments of some prejudicial to the best interest of the service and was not operative during the interregnum. Be that as it ---
offense. (People v. Vinecario, G.R. No. 141137, Jan. 20, violation of RA 6713 and penalized him with may, under Art. 17(1) of the International Covenant on
2004) dismissal. Were the searching and copying of Pollo’s Civil and Political Rights, the revolutionary government Sec. 19 of the Cybercrime Law is unconstitutional
computer files a violation of the right against had the duty to insure that no one shall be subjected to
Checkpoint rules under LTO Code (RA 4136) unreasonable searches and seizures? arbitrary or unlawful interference with his privacy, Sec. 19 empowers the Department of Justice to restrict or
family, home or correspondence. Art. 17 (2) provides block access to computer data when a computer data is
There is, to stress, nothing in RA 4136 that authorized A: NO. First, Pollo failed to prove that he had an actual that no one shall be arbitrarily deprived of his property. prima facie found to be in violation of the provisions of
the checkpoint-manning policemen to order petitioner (subjective) expectation of privacy either in his office or Although the signatories to the Declaration did not the Cybercrime Law. The Department of Justice order
and his companions to get out of the vehicle for a vehicle government-issued computer which contained his intend it as a legally binding document, being only a cannot be a substitute for judicial search warrant. The
and body search. And it bears to emphasize that there personal files. The CSC had implemented a policy that declaration, the Court has interpreted the Declaration as Government, in effect, seizes and places the computer
was no reasonable suspicion of the occurrence of a crime put its employees on notice that they have no part of the generally accepted principles of international data under its control and disposition without a warrant.
that would allow what jurisprudence refers to as a "stop expectation of privacy in anything they create, store, law and binding on the state. The revolutionary Not only does Sec. 19 preclude any judicial intervention,
and frisk" action. As SPO4 Bodino no less testified, the send or receive on the office computers, and that the CSC government did not repudiate the Covenant or the but it also disregards jurisprudential guidelines
only reason why they asked petitioner to get out of the may monitor the use of the computer resources using Declaration during the interregnum. It was also established to determine the validity of restrictions on
vehicle was not because he has committed a crime, but both automated and human means. This implies that on- obligated under international law to observe the rights speech for the content of the computer data can also
because of their intention to invite him to Station 9 so he the-spot inspections may be done to ensure that the of individuals under the Declaration. (Republic v. constitute speech. Sec. 19 merely requires that the data
could rest before he resumes driving. But instead of a computer resources were used only for such legitimate Sandiganbayan G.R. No. 104768, July 21, 2003) to be blocked be found prima facie in violation of any
tactful invitation, the apprehending officers, in an act business purposes. Second, the search of petitioner’s --- provision of the cybercrime law. It does not take into
indicative of overstepping of their duties, dragged the computer files was conducted in connection with --- consideration any of the three tests: the dangerous
petitioner out of the vehicle and, in the process of investigation of work-related misconduct prompted by Q: While sleeping in his room, Rex was arrested by
subduing him, pointed a gun and punched him on the an anonymous letter-complaint addressed to virtue of a warrant of arrest and he was dragged out tendency doctrine, the balancing of interest test and the
face. None of the police officers, to note, categorically Chairperson David regarding anomalies in the CSC-ROIV of the room. Thereafter, some police officers clear and present danger rule. Therefore, Sec. 19 is
denied the petitioner’s allegation about being physically where the head of the Mamamayan Muna Hindi Mamaya ransacked the locked cabinet inside the room where unconstitutional. (Disini v. Secretary of Justice G.R. No.
hurt before being brought to the Ospital ng Maynila to be Na division is supposedly “lawyering” for individuals they found a firearm and ammunition. Are the 203335 Feb. 11, 2014)

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--- committed, is actually committing, or is provided that he raises them before entering his plea. bag of marijuana. When confronted, Jack admitted
Q: Sgt. Victorino Noceja and Sgt. Alex de Castro, while attempting to commit a crime; AND (Sec. Rule 114, Sec. 26 Rules of Court) that he bought the same from Edwin. Thus, Edwin
on a routine patrol in Pagsanjan, Laguna, spotted a b. Such overt act is done in the Presence of was convicted for violating Dangerous Drugs Act.
passenger jeep unusually covered with "kakawati" or within the View of the person making Arrest with warrant vs. Warrantless arrest as to the Was the warrantless arrest lawful? Was the evidence
leaves. Suspecting that the jeep was loaded with the arrest. element of time resulting from such arrest admissible?
smuggled goods, the two police officers flagged down c. Person making the arrest must be
the vehicle driven by Rudy. The police officers then personally Aware of the commission of the Arrest with Warrant Warrantless Arrest A: YES. When a police officer sees the offense, although
checked the cargo and they discovered bundles of crime. at a distance, or hears the disturbances created thereby,
3.08 mm aluminum/galvanized conductor wires There is an appreciable There must be a large and proceeds at once to the scene thereof, he may effect
exclusively owned by National Power Corporation 2. Hot Pursuit – When an offense has in fact just been lapse of time between the measure of immediacy an arrest without a warrant. There is nothing unlawful
(NPC). Police officers took Rudy into custody and committed and the arresting officer has probable about the arrest considering its compliance with the
arrest and the commission between the time the
seized the conductor wires. Was Rudy’s right against cause to believe, based on personal knowledge of requirements of a warrantless arrest. Ergo, the fruits
of the crime. offense is committed and obtained from such lawful arrest are admissible in
unreasonable searches and seizures violated when the facts and circumstances indicating, that the
the police officers searched his vehicle and seized person to be arrested has committed it [Rule 113, the time of the arrest. evidence. (People v. Sucro, G.R. No. 93239, March 18,
the wires found therein without a search warrant? Sec. 5(b), Rules of Court]. 1991)
3. Escaped Prisoner or Detainee – When the person to ---
A: YES. When a vehicle is stopped and subjected to an be arrested is a prisoner who has escaped from a --- ---
extensive search, such a warrantless search would be penal establishment or place where he is serving Q: SPO2 Luigi Morales and PO2 Yael Padilla received Q: At about 7:00 a.m. of April 3, 2003 Gibo Cayetano,
constitutionally permissible only if the officers final judgment or temporarily confined while his information that Neil Banzon was about to deliver together with Juan Villar and Bong Escudero, started
conducting the search have reasonable or probable cause case is pending, or has escaped while being drugs at the Thunder Bird Resort in Angeles City. drinking liquor and smoking marijuana in the house
to believe, before the search, that either the motorist is a transferred from one confinement to another [Rule When Neil Banzon arrived at the resort, he was of Gibo. They started talking about their intention to
law-offender or they will find the instrumentality or 113, Sec. 5(c), Rules of Court]. carrying a sealed Zest-O juice box. The police men kill Simeon Marcos. The three carried out their plan
evidence pertaining to a crime in the vehicle to be 4. Waiver – When the right is waived by the person hurriedly accosted him and introduced themselves at about 2:00 p.m. of the same day by mauling
searched. However, the fact that the vehicle looked arrested, provided he knew of such right and as police officers. When SPO2 Morales peeked into Simeon. At about 4:00 p.m. of the same day,
suspicious simply because it is not common for such to knowingly decided not to invoke it. the contents of the Zest-O box, he saw that it Patrolman Jaime Santos received a report about a
be covered with kakawati leaves does not constitute contained a crystalline substance. He instantly mauling incident. Right away, Patrolman Santos
"probable cause" as would justify the conduct of a search NOTE: The waiver is limited to invalid arrest and confiscated the said box. Neil was then found guilty proceeded to Paseo de Blas where the mauling
without a warrant. Furthermore, the police authorities does not extend to illegal search. of illegal possession of shabu. Was the search lawful? incident took place. Patrolman Santos frisked Gibo
did not claim to have received any confidential report or and found a coin purse in his pocket which contained
tipped information that Rudy was carrying stolen cable 5. Continuing offenses – A peace officer can validly A: NO. Neither the in flagrante delicto nor the stop and dried leaves wrapped in cigarette foil. The dried
wires in his vehicle which could otherwise have conduct a warrantless arrest in crimes of rebellion, frisk principle is applicable to justify the warrantless leaves were found to be marijuana. He was
sustained their suspicion. It cannot likewise be said that subversion, conspiracy or proposal to commit such arrest and consequent search and seizure made by the held guilty for violating the Dangerous Drugs
the cable wires found in Rudy's vehicle were in plain crimes, and crimes or offenses committed in police operatives on accused-appellant. In in flagrante Act. Was the search lawful?
view, making its warrantless seizure valid. The cable furtherance thereof, or in connection therewith delicto arrests, the accused is apprehended at the very
wires were not exposed to sight because they were constitute direct assaults against the State, which moment he is committing or attempting to commit or A: YES. The search conducted on Gibo's person was
placed in sacks and covered with leaves. The articles are in the nature of continuing crimes. Since has just committed an offense in the presence of the lawful because it was made as an incident to a valid
were neither transparent nor immediately apparent to rebellion is a continuing offense, a rebel may be arresting officer. Emphasis should be laid on the fact that arrest. This is in accordance with Sec. 12, Rule 126 of the
the police authorities. (Caballes v. CA, G. R. No. 136292, arrested at any time, with or without a warrant, as the law requires that the search be incidental to a lawful Revised Rules of Court which provides: "Sec. 12. Search
Jan. 15, 2002) he is deemed to be in the act of committing the arrest. Therefore, it is beyond cavil that a lawful arrest incident to lawful arrest. — A person lawfully arrested
--- offense at any time of the day or night (Umil v. must precede the search of a person and his may be searched for dangerous weapons or anything
Ramos, 187 SCRA 311). belongings. Accordingly, for this exception to apply two which may be used as proof of the commission of an
Waiver of Unlawful Arrests and Illegal Searches 6. Arrest after escape or rescue – If a person lawfully elements must concur: (1) the person to be arrested offense, without a search warrant." The frisk and search
arrested escapes or is rescued, any person may must execute an overt act indicating that he has just of appellant's person upon his arrest was a permissible
A waiver of an illegal arrest, however, is not a waiver of immediately pursue or retake him without a committed, is actually committing, or is attempting to precautionary measure of arresting officers to protect
an illegal search. Records have established that both the warrant at any time and in any place within the commit a crime; and (2) such overt act is done in the themselves, for the person who is about to be arrested
arrest and the search were made without a warrant. Philippines (Rule 113, Sec. 13, Rules of Court). presence or within the view of the arresting officer. Neil may be armed and might attack them unless he is first
While the accused has already waived his right to contest 7. Arrest of accused out on bail – For the purpose of did not act in a suspicious manner. For all intents and disarmed. (People v. Gerente, G.R. No. 95847-48, March 10,
the legality of his arrest, he is not deemed to have surrendering the accused, the bondsman may arrest purposes, there was no overt manifestation that he has 1993)
equally waived his right to contest the legality of the him or, upon, written authority endorsed on a just committed, is actually committing, or is attempting ---
search. (Alcaraz v. People, G.R. No. 199042, Nov. 17, 2014) certified copy of the undertaking, cause him to be to commit a crime. (People v. Sy Chua, G.R. Nos. 136066-
arrested by a police officer or any other person of 67. Feb. 4, 2003) ADMINISTRATIVE ARREST
WARRANTLESS ARRESTS suitable age and discretion (Rule 114, Sec. 23, first ---
par.; J. Herrera, Jr., Criminal Procedure Syllabus). --- There is an administrative arrest when there is an arrest
Instances of a valid warrantless arrest 8. Arrest of accused out on bail – An accused released Q: Pat. Ben Reyes was instructed by P/Lt. Vic Laurel as an incident to a deportation proceedings.
on bail may be re-arrested without the necessity of a to monitor the activities of Edwin Alcaraz because of
1. In flagrante delicto – The person to be arrested has warrant, if he attempts to depart from the information that the latter The following aliens shall be arrested upon the warrant
either committed, is actually committing, or is Philippines without permission of the court where the was selling marijuana. Pat. Reyes positioned himself of the Commissioner of Immigration or of any other
about to commit an offense in the presence of the case is pending (Rule 114, Sec. 23, second par.; J. under a house which was adjacent to a officer designated by him for the purpose and deported
person making the arrest [Rule 113, Sec. 5(a), Rules Herrera, Jr., Criminal Procedure Syllabus). chapel. Thereafter, Pat. Reyes saw Edwin enter the upon the warrant of the Commissioner of Immigration
of Court]. chapel, taking something from the compartment of a after a determination by the Board of Commissioners of
NOTE: An application for or admission to bail shall not cart found inside the chapel which turned out later the existence of the ground for deportation as charges
Requisites: (O-P/V-A) bar the accused from challenging the validity of his to be marijuana, and then return to the street where against the alien:
a. Person to be arrested must commit an arrest or the legality of the warrant issued therefore, or he handed the same to Jack Acebes. Police officers
Overt act indicating that he has just from assailing the regularity or questioning the absence then pursued Jack. Upon seeing the police, he threw 1. Any alien who enters the Philippines after the
of a preliminary investigation of the charge against him, something to the ground which turned out to be a tea effective date of this Act by means of false and

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misleading statements or without inspection violating the provisions of Commonwealth Act unconstitutional. It is within the prerogative of being hauled before the prosecutor’s office and
and admission by the immigration authorities No. 653 (Philippine Alien Registration Act of educational institutions to require, as a condition for peaceably submitting themselves to drug testing, if that
at a designated port of entry or at any place 1941)[now Alien Registration Act of 1950, admission, compliance with reasonable school rules and be the case, do not necessarily consent to the procedure,
other than at a designated port of entry; [As Republic Act No. 562, as amended] or who, at regulations and policies. To be sure, the right to enroll is let alone waive their right to privacy. To impose
amended by Republic Act No. 503, Sec. 13] any time after entry, shall have been convicted not absolute; it is subject to fair, reasonable, and mandatory drug testing on the accused is a blatant
2. Any alien who enters the Philippines after the more than once of violating the provisions of equitable requirements. In sum: attempt to harness a medical test as a tool for criminal
effective date of CA 613 (Philippine Immigration the same Act; [Added pursuant to Republic Act prosecution, contrary to the stated objectives of R.A.
Act of 1940), who was not lawfully admissible No. 503, Sec. 13] 1. Schools and their administrators stand in loco 9165. Drug testing in this case would violate a person’s
at the time of entry; 11. Any alien who engages in profiteering, parentis with respect to their students; right to privacy guaranteed under Sec. 2, Art. III of the
3. Any alien who, after the effective date of this hoarding, or black-marketing, independent of 2. Minor students have contextually fewer rights than Constitution. Worse still, the accused persons are
Act, is convicted in the Philippines and any criminal action which may be brought an adult, and are subject to the custody and veritably forced to incriminate themselves. (SJS v. DDB,
sentenced for a term of one year or more for a against him; [Added pursuant to Republic Act supervision of their parents, guardians, and schools; G.R. No. 157870, Nov. 3, 2008)
crime involving moral turpitude committed No. 503, Sec. 13] 3. Schools acting in loco parentis, have a duty to ---
within five years after his entry to the 12. Any alien who is convicted of any offense safeguard the health and well-being of their
Philippines, or who, at any time after such penalized under Commonwealth Act No. 473 students and may adopt such measures as may NOTE: New statutory rules on the chain of custody of
entry, is so convicted and sentenced more than (Revised Naturalization Laws of the reasonably be necessary to discharge such duty; and dangerous drugs under R.A. No. 10640, July 15, 2014:
once; Philippines) or any law relating to acquisition 4. Schools have the right to impose conditions on “That noncompliance of these requirements (chain of
4. Any alien who is convicted and sentenced for a of Philippine citizenship; [Added pursuant to applicants for admission that are fair, just and non- custody) under justifiable grounds, as long as the
violation of the law governing prohibited Republic Act No. 503, Sec. 13] discriminatory. (SJS v. DDB, G.R. No. 157870, Nov. 3, integrity and the evidentiary value of the seized items
drugs; [As amended by Republic Act No. 503, Sec. 13. Any alien who defrauds his creditor by 2008) are properly preserved by the apprehending
13] absconding or alienating properties to prevent officer/team, shall not render void and invalid such
them from being attached or executed [Added A law requiring mandatory drug testing for officers and seizures and custody over said items.”
5. Any alien who practices prostitution or is an
pursuant to Republic Act No. 503, Sec. 13] employees of public and private offices is not
inmate of a house of prostitution or is
(Philippine Immigration Act of 1940). unconstitutional. As the warrantless clause of Sec. 2, Art.
connected with the management of a house of
III of the Constitution is couched and as has been held, RIGHT TO PRIVACY IN COMMUNICATION AND
prostitution, or is a procurer;
Power of the Commissioner of Immigration “reasonableness” is the touchstone of the validity of a CORRESPONDENCE
6. Any alien who becomes a public charge within government search or intrusion. And whether a search at
five years after entry from causes not issue hews to the reasonableness standard is judged by
affirmatively shown to have arisen subsequent The Commissioner of Immigration is also given, by
legislative delegation, the power to issue warrants of the balancing of the government-mandated intrusion on PRIVATE AND PUBLIC COMMUNICATIONS
to entry; the individual’s privacy interest against the promotion of
7. Any alien who remains in the Philippines in arrests.
some compelling state interest. In the criminal context, GR: Right to privacy of communication and
violation of any limitation or condition under reasonableness requires showing probable cause to be
NOTE: Sec. 2, Art. III of the Constitution does not require correspondence is inviolable. (Sec. 3, Art. III, 1987
which he was admitted as a non-immigrant; personally determined by a judge. Given that the drug-
judicial intervention in the execution of a final order of Philippine Constitution)
8. Any alien who believes in, advises, advocates or testing policy for employees—and students for that XPNs:
teaches the overthrow by force and violence of deportation issued in accordance with law. The
constitutional limitation contemplates an order of arrest matter—under RA 9165 is in the nature of 1. By lawful order of the court;
the Government of the Philippines, or of administrative search needing what was referred to in 2. Public safety or public order as prescribed by law
constituted law and authority or who in the exercise of judicial power as a step preliminary or
Veronia case as “swift and informal procedures,” the
disbelieves in or is opposed to organized incidental to prosecution or proceedings for a given
probable cause standard is not required or even NOTE: Any evidence in violation of this right or the right
government, or who advises, advocates or offense or administrative action, not as a measure
practicable. (SJS v. DDB and PDEA, G.R. No. 157870, Nov. 3, against unreasonable searches and seizures shall be
teaches the assault or assassination of public indispensable to carry out a valid decision by a
2008) inadmissible for any purpose in any proceedings.
officials because of their office, or who advises, competent official, such as a legal order of deportation,
---
advocates, or teaches the unlawful destruction issued by the Commissioner of Immigration, in
--- INTRUSION, WHEN ALLOWED
of property, or who is a member of or affiliated pursuance of a valid legislation. (Morano v. Vivo, G.R. No.
Q: R.A. 9165 requires mandatory drug testing for
with any organization entertaining, advocating L-22196, June 30, 1967)
persons charged before the prosecutor’s office with The right to privacy is not absolute
or teaching such doctrines, or who in any criminal offenses punishable with 6 years and 1 day
manner whatsoever lends assistance, financial DRUG, ALCOHOL, AND BLOOD TESTS
imprisonment. Petitioner SJS questions the The right of privacy or "the right to be let alone," like the
or otherwise, to the dissemination of such constitutionality of the law on the ground that it
--- right of free expression, is not an absolute right. A
doctrines; violates the rights to privacy and against self-
Q: Congress enacted the Comprehensive Dangerous limited intrusion into a person's privacy has long been
9. Any alien who commits any of the acts incrimination of an accused. Decide. regarded as permissible where that person is a public
described in Sec. 45 of CA 613, independent of Drugs Act of 2002 requiring the mandatory drug
testing of candidates for public office, students of figure and the information sought to be elicited from him
criminal action which may be brought against A: Such provision of R.A. 9165 is unconstitutional. The or to be published about him constitute of a public
him: Provided, that in the case of alien who, for secondary and tertiary schools, officers and
Court finds the situation entirely different in the case of character. Succinctly put, the right of privacy cannot be
any reason, is convicted and sentenced to suffer employees of public and private offices, and persons
persons charged before the public prosecutor’s office invoked to resist publication and dissemination of
both imprisonment and deportation, said alien charged before the prosecutor’s office with certain
with criminal offenses punishable with imprisonment. matters of public interest. The interest sought to be
shall first serve the entire period of his offenses. Social Justice Society questions this
The operative concepts in the mandatory drug testing protected by the right of privacy is the right to be free
imprisonment before he is actually deported: provision for being unconstitutional for it are “randomness” and “suspicionless”. In the case of
constitutes undue delegation of legislative power from unwarranted publicity, from
Provided, however, that the imprisonment may persons charged with a crime before the prosecutor’s the wrongful publicizing of the private affairs and
be waived by the Commissioner of Immigration when it give unbridled discretion to schools and office, a mandatory drug testing can never be random or
employers to determine the manner of drug testing activities of an individual which are outside the realm of
with the consent of the Department Head, and suspicionless. The ideas of randomness and being legitimate public concern. (Ayer Productions Pty. Ltd. v.
upon payment by the alien concerned of such as well as it can be used to harass a student or an suspicionless are antithetical to their being made
employee deemed undesirable. Is the provision Capulong, G.R. No. 82380, April 29, 1988)
amount as the Commissioner may fix and defendants in a criminal complaint. They are not
approved by the Department Head; [Paragraph unconstitutional? randomly picked; neither are they beyond suspicion. A regulation mandating the opening of mail or
added pursuant to Republic Act No. 144, Sec. 3] When persons suspected of committing a crime are correspondence of detainees is not violative of the
A: NO. A law requiring mandatory drug testing for charged, they are singled out and are impleaded against
10. Any alien who, at any time within five years constitutional right to privacy
students of secondary and tertiary schools is not their will. The persons thus charged, by the bare fact of
after entry, shall have been convicted of

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There is no longer a distinction between an inmate and a Before one can have an expectation of privacy in his or prohibited under the law. (Gaanan v. IAC, G.R. No.L-69809
detainee with regard to the reasonable expectation of her OSN activity, it is first necessary that said user, in this A: YES. In this day and age, video surveillance cameras Oct. 16, 1986)
privacy inside his cell. The curtailment of certain rights is case the children of petitioners, manifest the intention to are installed practically everywhere for the protection
necessary to accommodate institutional needs and keep certain posts private, through the employment of and safety of everyone. The installation of these NOTE: Anti-Wiretapping Act only protects letters,
objectives of prison facilities, primarily internal security. measures to prevent access thereto or to limit its cameras, however, should not cover places where there messages, telephone calls, telegrams and the like.
As long as the letters are not confidential communication visibility. And this intention can materialize in is reasonable expectation of privacy, unless the consent
between the detainee and his lawyer the detention cyberspace through the utilization of the OSN’s privacy of the individual, whose right to privacy would be ---
officials may read them. But if the letters are marked tools. In other words, utilization of these privacy tools is affected, was obtained. Nor should these cameras be Q: Ester S. Garcia, in a confrontation with Socorro
confidential communication between detainee and the the manifestation, in cyber world, of the user’s used to pry into the privacy of another’s residence or Ramirez, allegedly vexed, insulted, and humiliated
lawyer, the officer must not read them but only inspect invocation of his or her right to informational privacy. business office as it would be no different from Ramirez in a "hostile and furious mood" and in a
them in the presence of detainees. A law is not needed eavesdropping, which is a crime under Republic Act No. manner offensive to Ramirez’s dignity and
before an executive officer may intrude into the rights of Therefore, a Facebook user who opts to make use of a 4200 or the Anti-Wiretapping Law. (Sps. Hing v. personality. Ramirez then filed a civil case for
privacy of a detainee or a prisoner. By the very fact of privacy tool to grant or deny access to his or her post or Choachuy, G.R. No. 179736, June 26, 2013) damages against Garcia. In support of her claim,
their detention, they have diminished expectations of profile detail should not be denied the informational --- Ramirez produced a verbatim transcript of the event.
privacy rights. (Alejano v. Cabuay, G.R. No. 160792, Aug. 25, privacy right which necessarily accompanies said The transcript on which the civil case was based was
2005) choice. Otherwise, using these privacy tools would be a Prohibited Acts under the Anti-Wire Tapping Law culled from a tape recording of the confrontation.
feckless exercise, such that if, for instance, a user uploads (RA 4200) (2009 Bar)
A government employee charged with a crime in a photo or any personal information to his or her As a result of Ramirez’s recording of the event,
connection with his office does not have a reasonable Facebook page and sets its privacy level at “Only Me” or a 1. To tap any wire or cable, or by using any other Garcia filed a criminal case for violation of RA 4200,
expectation of privacy in his office and computer custom list so that only the user or a chosen few can device or arrangement, to secretly overhear, alleging that the act of secretly taping the
files view it, said photo would still be deemed public by the intercept, or record such communication or spoken confrontation was illegal. Ramirez contends that the
courts as if the user never chose to limit the photo’s word by using a device commonly known as a facts charged do not constitute an offense. Was there
The Supreme Court cited the US case of O’Connor v. visibility and accessibility. Such position, if adopted, will dictaphone or dictagraph or detectaphone or a violation of RA 4200?
Ortega, which ruled that government agencies, in their not only strip these privacy tools of their function but it walkie-talkie or tape recorder, or however
capacity as employers, rather than law enforcers, could would also disregard the very intention of the user to otherwise described by any person, not being
authorized by all the parties to any private A: YES. The unambiguity of the express words of the
validly conduct search and seizure in the governmental keep said photo or information within the confines of his
communication or spoken word provision, taken together with the above-quoted
workplace without meeting the “probable cause” or or her private space. (Vivares v. St. Theresa’s College, G.R.
To knowingly possess any tape record, wire record, deliberations from the Congressional Record, therefore
warrant requirement for search and seizure. Moreover, No. 202666, Sept. 29, 2014) 2.
disc record, or any other such record, or copies plainly supports the view held by the respondent court
he failed to prove that he had an actual (subjective)
thereof, of any communication or spoken word that the provision seeks to penalize even those privy to
expectation of privacy either in his office or government- Reasonable expectation of privacy test
secured either before or after the effective date of the private communications. Where the law makes no
issued computer which contained his personal files.
this Act in the manner prohibited by this law; or distinctions, one does not distinguish.
(Pollo v. David G.R. No. 181881 Oct. 18, 2011) This test determines whether a person has a reasonable
expectation of privacy and whether the expectation has 3. To replay the same for any other person or persons;
The Cybercrime Law does not regard as crime been violated. or The nature of the conversations is immaterial to a
private communications of sexual character between 4. To communicate the contents thereof, either violation of the statute. The substance of the same need
consenting adults In Ople v. Torres, we enunciated that “the reasonableness verbally or in writing, or not be specifically alleged in the information. The mere
of a person’s expectation of privacy depends on a two- 5. To furnish transcriptions thereof, whether complete allegation that an individual made a secret recording of a
The deliberations of the Bicameral Committee of part test: or partial, to any other person. private communication by means of a tape recorder
Congress on Sec.4(c)(i) of the law show a lack of intent to 1. Whether, by his conduct, the individual has would suffice to constitute an offense under Section 1 of
penalize a private showing between and among two exhibited an expectation of privacy; and NOTE: The law does not distinguish between a party to R.A. 4200. As the Solicitor General pointed out in his
private persons although that may be a form of obscenity 2. This expectation is one that society recognizes as the private communication or a third person. Hence, COMMENT before the respondent court: "Nowhere (in
to some. The understanding of those who drew up the reasonable.” both a party and a third person could be held liable the said law) is it required that before one can be
cybercrime law is that the element of “engaging in a Customs, community norms, and practices may, under R.A. 4200 if they commit any of the prohibited acts regarded as a violator, the nature of the conversation, as
business” is necessary to constitute the crime of illegal therefore, limit or extend an individual’s “reasonable under R.A. 4200. (Ramirez v. CA, G.R. No. 93833 Sept. 28, well as its communication to a third person should be
cybersex. The Act actually seeks to punish cyber expectation of privacy.” Hence, the reasonableness of a 1995) professed."
prostitution, white slave trade, and pornography for person’s expectation of privacy must be determined on a
favor and consideration. This includes interactive case-to-case basis since it depends on the factual Under Sec. 3 of RA 4200, a peace officer, who is The phrase "private communication" in Section 1 of R.A.
prostitution and pornography, e.g., by webcam. (Disini v. circumstances surrounding the case (Ople v. Torres, G.R. authorized by a written order of the Court, may execute 4200 is broad enough to include verbal or non-verbal,
Secretary of Justice G.R. No. 203335 Feb. 11, 2014) No. 127685, July 23, 1998). any of the acts declared to be unlawful in Sec. 1 and Sec. written or expressive communications of "meanings or
2 of the said law in cases involving the crimes of: thoughts" which are likely to include the emotionally-
Right of privacy in social media --- 1. Treason charged exchange between petitioner and private
Q: Sps. Hing were owner of a parcel of land and Aldo 2. Espionage respondent, in the privacy of the latter's office. (Ramirez
To address concerns about privacy, but without Inc. constructed an auto-repair shop building on the 3. Provoking war and disloyalty in case of war v. CA, G.R. No. 93833 Sept. 28, 1995)
defeating its purpose, Facebook was armed with adjacent lot. Aldo filed a case for injunction and 4. Piracy and mutiny in the high seas ---
different privacy tools designed to regulate the damages claiming that the Sps. Hing were 5. Rebellion (conspiracy and proposal and inciting ---
accessibility of a user’s profile as well as information constructing a fence without valid permit and that to commit included) Q: DOJ Secretary Raul Gonzales warned that
uploaded by the user. It is through the availability of said the construction would destroy their building. The 6. Sedition (conspiracy, inciting included) reporters who had copies of the compact disc (CD)
privacy tools that many OSN (Online Social Network) case was dismissed for failure of Aldo to substantiate 7. Kidnapping and those broadcasting or publishing its contents
users are said to have a subjective expectation that only its allegations. Aldo Inc. then installed two cameras 8. Violations of CA 616 (punishing espionage and could be held liable under the Anti-Wiretapping Act.
those to whom they grant access to their profile will on their building facing the property of the Sps. Hing. other offenses against national security) Secretary Gonzales also ordered the NBI to go after
view the information they post or upload thereto. The spouses contend that the installation of the media organizations “found to have caused the
cameras was an invasion of their privacy. Is there a The use of telephone extension is not a violation of RA spread, the playing and the printing of the contents
This, however, does not mean that any Facebook user limitation on the installation of surveillance 4200 (Anti-WireTapping Law). The use of a telephone of a tape” of an alleged wiretapped conversation
automatically has a protected expectation of privacy in cameras? extension to overhear a private conversation is neither involving the President about fixing votes in 2004
all of his or her Facebook activities. among those devices, nor considered as a similar device, national elections. Can the DOJ Secretary use the

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Anti-Wiretapping act as a regulatory measure to 3. A general prayer for other reliefs that are just and information and to remedy possible violations of the 3. Right of assembly and to petition the
prohibit the media from publishing the contents of equitable under the circumstances is also allowed. right to privacy. The South African High Court, in its government for redress of grievances
the CD? Decision in the landmark case, H v. W, recognized that 4. Right to form associations or societies not
When Writ of Habeas Data is not applicable “the law has to take into account the changing realities contrary to law
A: NO. The Court ruled that not every violation of a law not only technologically but also socially or else it will 5. Freedom of religion
will justify straitjacketing the exercise of freedom of A writ of habeas data may not be issued to protect purely lose credibility in the eyes of the people. It is imperative 6. Right to access to information on matters of
speech and of the press. There are laws of great property and commercial concerns nor when the that the courts respond appropriately to changing times, public concern.
significance but their violation, by itself and without grounds invoked in support of the petitions therefore are acting cautiously and with wisdom.” Consistent with this,
more, cannot support suppression of free speech and vague or doubtful. the Court, by developing what may be viewed as the Protected speech includes every form of expression,
free press. In fine, violation of law is just a factor, a vital Philippine model of the writ of habeas data, in effect, whether oral, written, tape or disc recorded. It includes
one to be sure, which should be weighed in adjusting NOTE: It bears reiteration that like the writ of amparo, recognized that, generally speaking, having an motion pictures as well as what is known as symbolic
whether to restrain freedom of speech and of the press. habeas data was conceived as a response, given the lack expectation of informational privacy is not necessarily speech such as the wearing of an armband as a symbol of
The totality of the injurious effects of the violation to of effective and available remedies, to address the incompatible with engaging in cyberspace protest. Peaceful picketing has also been included within
private and public interest must be calibrated in light of extraordinary rise in the number of killings and enforced activities, including those that occur in OSNs. (Vivares v. the meaning of speech.
the preferred status accorded by the Constitution and by disappearances. Its intent is to address violations of or St. Theresa’s College, G.R. No. 202666, Sept. 29, 2014)
related international covenants protecting freedom of threats to the rights to life, liberty or security as a Speech is not limited to vocal communication. Conduct is
speech and of the press. By all means, violations of law remedy independently from those provided under The writ of habeas data is not confined only treated as a form of speech sometimes referred to as
should be vigorously prosecuted by the State for they prevailing rules. (Manila Electric Company v. Lim, GR. No. to extralegal killings and enforced disappearances ‘symbolic speech such that when speech and nonspeech
breed their own evil consequence. But to repeat, the 184769, Oct. 5, 2010) elements are combined in the same course of conduct,
need to prevent their violation cannot per se trump the Habeas data, to stress, was designed “to safeguard
individual freedom from abuse in the information the ‘communicative element’ of the conduct may be
exercise of free speech and free press, a preferred right Who May File a petition for the writ of habeas data
whose breach can lead to greater evils. (Chavez v. age.” As such, it is erroneous to limit its applicability to ‘sufficient to bring into play the right to freedom of
Gonzales, G.R. No. 168338, Feb. 15, 2008) Any person whose right to privacy in life, liberty or extralegal killings and enforced disappearances only. expression the form of expression is just as important as
--- security is violated or threatened by an unlawful act or the information conveyed that it forms part of the
omission of a public official or employee, or of a private The writ of habeas data, however, can be availed of as an expression. (Diocese of Bacolod v. Commission on
Letters of a husband’s paramour kept inside the individual or entity engaged in the gathering, collecting independent remedy to enforce one’s right to privacy, Elections, G. R. No. 205728, January 21, 2015)
husband’s drawer, presented by the wife in the or storing of data or information regarding the person, more specifically the right to informational privacy. The
proceeding for legal separation, is not admissible in family, home and correspondence of the aggrieved party remedies against the violation of such right can include
evidence (Sec. 1, The Rule on the Writ of Habeas Data, A. M. No. 08- the updating, rectification, suppression or destruction of
Limitations on freedom of expression (2014 Bar)
1-16-SC, Jan. 22, 2008). the database or information or files in possession or in
The reason is that marriage does not divest one of control of respondents (Ibid.).
It should be exercised within the bounds of laws enacted
his/her right to privacy of communication (Zulueta v. CA, However, in cases of extralegal killings and enforced for the promotion of social interests and the protection
G.R. No. 107383, Feb. 20, 1996). disappearances, the petition may be filed by: of other equally important individual rights such as:
a. Any member of the immediate family of the FREEDOM OF EXPRESSION 1. Laws against obscenity, libel and slander (contrary
Exclusionary rule aggrieved party, namely: the spouse, children and to public policy)
parents; or (1992, 1998, 2002, 2003, 2007, 2008, 2009 Bar) 2. Right to privacy of an individual
Any evidence obtained in violation of the Constitution b. Any ascendant, descendant or collateral relative of 3. Right of state/government to be protected from
shall be inadmissible for any purpose in any proceeding. the aggrieved party within the fourth civil degree of seditious attacks
However, in the absence of governmental interference, consanguinity or affinity, in default of those CONCEPT AND SCOPE 4. Legislative immunities
the protection against unreasonable search and seizure mentioned in the preceding paragraph (Sec. 2, The 5. Fraudulent matters
cannot be extended to acts committed by private Rule on the Writ of Habeas Data, A. M. No. 08-1-16- 6. Advocacy of imminent lawless conducts
individuals. (People v. Marti, G.R. No. 78109. Jan. 18, 1991) SC, Jan. 22, 2008). No law shall be passed abridging the freedom of speech, 7. Fighting words
of expression, or of the press, or of the right of the people 8. Guarantee implies only the right to reach a willing
WRIT OF HABEAS DATA Right to Informational Privacy peaceably to assemble and petition the government for audience but not the right to compel others to listen,
redress of grievances. (Sec. 4, Art. III, 1987 Philippine see or read
Writ of habeas data It is usually defined as the right of individuals to control Constitution)
information about themselves. Unprotected Speech/Expression vs. Protected
A remedy available to any person whose right to privacy Rationale Speech/Expression
in life, liberty or security is violated or threatened by an With the availability of numerous avenues for
unlawful act or omission of a public official or employee, information gathering and data sharing nowadays, not to People are kept from any undue interference from the UNPROTECTED SPEECH PROTECTED SPEECH
or of a private individual or entity engaged in the mention each system’s inherent vulnerability to attacks government in their thoughts and words. It flows from
gathering, collecting or storing of data or information and intrusions, there is more reason that every the philosophy that the authorities do not necessarily
General guidelines; All those excluded from
regarding the person, family, home and correspondence individual’s right to control said flow of information know what is best for the people.
should be protected and that each individual should have unprotected expression
of the aggrieved party. (Sec. 1, The Rule on the Writ of Obscenity;
Habeas Data, A. M. No. 08-1-16-SC, Jan. 22, 2008) at least a reasonable expectation of privacy in Bases for Protection and may include:
cyberspace. Several commentators regarding privacy
and social networking sites, however, all agree that given 1. Promotion of truth Incitement inimical to
Reliefs available in the petition for issuance of writ
of habeas data the millions of online social network users, “in this Social 2. Enhance principles of democracy national security;
Networking environment, privacy is no longer grounded 3. Expression of self-fulfillment of citizens Utterances critical of
1. Updating, rectification, suppression or destruction in reasonable expectations, but rather in some False or misleading public conduct;
of the database or information or files kept by the theoretical protocol better known as wishful thinking.” Scope of protected freedom of expression under the advertisement;
respondent; Constitution Ordinary commercial
2. In case of threats of the unlawful act, the relief may It is due to this notion that the Court saw the pressing Libelous speech; speech;
include a prayer for an order enjoining the act need to provide for judicial remedies that would allow a 1. Freedom of speech
complained of. summary hearing of the unlawful use of data or 2. Freedom of the press

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Hate speech; Satirical speech/comedy but regulation promoting political equality election propaganda per se. Election surveys, on their
prevails over speech. This view allows the face, do not state or allude to preferred candidates. A: YES. The assailed rule on “aggregate-based” airtime
Contumacious speech government leeway to redistribute or equalize When published, however, the tendency to shape voter limits is unreasonable and arbitrary as it unduly restricts
‘speaking power,’ such as protecting, even preferences comes into play. In this respect, published and constrains the ability of candidates and political
implicitly subsidizing, unpopular or dissenting election surveys partake of the nature of election parties to reach out and communicate with the people.
Four aspects of freedom of speech and press voices often systematically subdued within propaganda. It is then declarative speech in the context Here, the adverted reason for imposing the “aggregate-
society’s ideological ladder. This view of an electoral campaign properly subject to regulation. based” airtime limits – leveling the playing field – does
1. Freedom from censorship or prior restraint – see acknowledges that there are dominant political Hence, Section 5.2 of the Fair Election Act’s regulation of not constitute a compelling state interest which would
discussion on prior restraint