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for a public office is inconsistent with the nature and essence of the Republican system ordained in the Constitution and the principle of social justice underlying the same. development and utilization be equitably accessible to the present as well as future generations. Every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of Republicanism is premised upon the tenet a balanced and healthful ecology. that sovereignty resides in the people and all government authority emanates from them, While the right to a balanced and healthful and this, in turn implies necessarily that the ecology is to be found under the Declaration right to vote and to be voted for shall not be of Principles and State Policies and not under dependent upon the wealth of the individual the Bill of Rights, it does not follow that it is concerned, whereas social justice less important than any of the civil and presupposes equal opportunity for all, rich and political rights enumerated in the Bill of poor alike, and that accordingly, no person Rights. This right carries with it the correlative shall, by reason of poverty, be denied the duty to refrain from impairing the chance to be elected to public office. environment. Timber licenses may be revoked or rescinded by executive action. It is not a contract, property or a property right protected by the due process clause. It is merely a permit or a privilege.
ACCFA V. CONFEDERATION – Functions such as those relating to the maintenance of peace and the prevention of crime, those regulating property and property rights, those relating to the administration of justice and the determination of political duties of citizens, and those relating to national defense and foreign relations are traditionally called constituent functions. These are exercised by the State as attributes of sovereignty, and not merely to promote the welfare, progress and prosperity of the people which are ministrant SEC. 12 functions. PIERCE V. SOCIETY OF SISTERS – The fundamental theory of liberty upon which all governments However, the growing complexities of modern in this Union repose excludes any general society have rendered this traditional power of the State to standardize its children classification of the functions of government by forcing them to accept instruction from quite unrealistic, not to say obsolete. The public teachers only. The child is not the mere areas which used to be left to private creature of the State. Those who nurture him enterprise continue to lose their well-defined and direct his destiny have the right, coupled boundaries and to be absorbed within with the high duty, to recognize and prepare activities that the government must him for additional obligations. undertake in its sovereign capacity if wants to meet the increasing social challenges of the SEC. 16 times. OPOSA V. FACTORAN – Minors can, for REPUBLIC V. CFI OF RIZAL – Governmental themselves, for others of their generation and agencies are exempt from paying legal fees for other succeeding generations, file a class and posting an appeal bond. The mercantile suit. Their personality to sue in behalf of the activity of a government agency (i.e. buying succeeding generations can only be based on and selling of palay, rice, and corn) is only the concept of intergenerational responsibility incident to its primary governmental function insofar as the right to a balanced and which is to carry out some government policy healthful ecology is concerned.
ARTICLE VI • LEGISLATIVE • SEC. 1
ABAKADA V. PURISIMA – Two tests determine the validity of delegation of legislative power: (1) the completeness test and (2) the sufficient standard test. A law is complete when it sets forth therein the policy to be executed, carried out or implemented by the delegate. It lays down a sufficient standard when it provides adequate guidelines or limitations in the law to map out the boundaries of the delegate’s authority and prevent the delegation from running riot. The Supreme Court has recognized the following as sufficient standards: public interest; justice and equity; public convenience and welfare; simplicity; economy and welfare. The optimization of the revenue-
to serve the well being of the people (i.e. policy of subsidizing and stabilizing the price The right to a balanced and healthful ecology of palay, rice and corn in order to make it well considers the “rhythm and harmony of nature” which includes the judicious within the reach of average consumers). disposition, utilization, management, renewal MAQUERA V. BORRA – Imposing property and conservation of the country’s natural qualifications in order that a person could run resources to the end that their exploration,
POLITICAL LAW REVIEW DOCTRINES | ATTY. JACK JIMENEZ | MARK JOREL O. CALIDA
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generation capability and collection of the BIR programs consistent with national goals for and BOC is infused with public interest. acceleration socio-economic development and to improve the service in the transaction of PEOPLE V. ROSENTHAL – Public interest is a public business” is a sufficient standard. sufficient standard. The criterion may be found in the purpose of the act, the RUBI V. PROVINCIAL BOARD – The legislature may requirements imposed and the context of the delegate legislative powers to LGUs. Who else provisions itself. The protection of the public but these officers, as the official against speculative schemes is a sufficient representatives of the province are better standard. qualified to judge when such a course is deemed necessary in the interest of law and AGUSTIN V. EDU – In order to avoid the taint of order. unlawful delegation, there must be a standard set by the legislature itself which determines PEOPLE V. VERA – A law which grants boards matters of principle and lays down roving commission which enables them to fundamental policy. The standard may be exercise arbitrary discretion is invalid. expressed or implied and does not have to be Congress may not leave the entire matter to spelled out specifically. It could be implied boards to determine. from the policy and purpose of the act considered as a whole. YNOT V. IAC – There is invalid delegation of legislative powers when there is unlimited A standard: (1) defines legislative policy; (2) discretion in the distribution of the properties marks its limits and maps out its boundaries; arbitrarily taken. A law may not grant a roving (3) specifies the public agency to apply it; (4) commission or a wide sweeping authority, a indicates the circumstances under which the sufficient standard must be provided. legislative command it to be effected; (5) is the criterion by which legislative purpose may U.S. V. PANLILIO – There can be no delegation be carried out. of power to criminalize when the law itself does not define a crime nor provided a CHIONGBIAN V. ORBOS – A legislative standard penalty. need not be expressed, it may be implied. It need not be found in the law challenged SEC. 5 because it may be embodied in other statutes ANG BAGONG BAYANI V. COMELEC – Political on the same subject matter as that of the parties, even the major ones, may participate challenged legislation. in the party-list elections. They cannot be disqualified from the party-list election merely While the power to merge regions is not on the ground that they are political parties. expressly provided for in the Constitution, it is The Constitution provides that the members a power traditionally lodged with the of the House may be elected through a party President, in view of the power of general list system of registered national, regional and supervision over local governments. There is sectoral parties or organization. no abdication by Congress of its legislative powers in conferring on the President the RA7941 or the Party List Law enumerates power to merge administrative regions. “To those sectors which are marginalized and promote simplicity, economy and efficiency in underrepresented (CODE: WHY FIVE POPUL): the government, to enable it to pursue Women, Handicapped, Youth, Fisherfolk, Indigenous, Veterans, Elderly, Peasants, OFWs, Profesionals, Urban poor, Laborers. Nevertheless, this enumeration is not exclusive. It is not enough for a candidate to claim representation among those enumerated groups because it is easy to claim and feign. Party list groups must factually and truly represent the marginalized and underrepresented. Guidelines to determine qualifications of political parties to join party-list elections (CODE: DIRRT Nom Nom Nom) (1) Must not be Disqualified under RA7941 (*NOTE) (2) Must be Independent from the government (not adjunct, funded or assisted) (3) Religious sector may not be represented, but a religious leader may be a nominee (4) Major political parties allowed but they must still Represent the marginalized (5) Political parties must Truly represent the marginalized and underrepresented sectors (6) Nominees must be themselves qualified (**NOTE) (7) Nominees must belong to the marginalized (8) Nominees must be able to contribute to appropriate legislation * NOTE: Disqualified groups under §6 of the Party List Law: (CODE: V2 For2 CUPS) (1) Violates or fails to comply with election law, rules and regulations (2) Advocates Violence or unlawful means to seek its goal (3) A Foreign party or organization (4) Receives support from a Foreign government, political party, foundation or organization (5) Ceased to exist for at least 1 year
POLITICAL LAW REVIEW DOCTRINES | ATTY. JACK JIMENEZ | MARK JOREL O. CALIDA
at one seat each. It prevents the attainment of the broadest possible representation of party. CABANGBANG – The Constitution protects utterances made by Congressmen in the performance of: (1) their official functions. to every two-percenter. 11 The operation of the 2% threshold for the allocation of additional seats is unconstitutional for frustrating the attainment of the permissive ceiling that 20% of the members of the lower house shall constitute party-list representatives. Major political parties are allowed to establish. or votes cast in the halls of Congress and while the same is in session. STEP 3: Apply the 2% threshold – the parties receiving at least 2% of the total votes cast POBRE V. the utterance must be made party list in the performance of an official duty. Parliamentary nonaccountability granted to members of # of seats reserved for party list Congress is not to protect them against ― # of guaranteed seats prosecutions for their own benefit. CALIDA . seats reserved legislative districts X (0. still get a seat depending on the number of votes you garnered – assign 1 seat to each of In computing the additional seats. Fractional seats are the remaining available seats for allocation as disregarded. COMELEC – Excluding the major political parties in party-list elections is against the Constitution and the Party List Law. such as speeches delivered. either (0. What the Constitution directly prohibits may not be done by indirection. There was an indirect appearance. SEC. the the parties next in rank until all available guaranteed seats shall no longer be included seats are completely distributed. * Procedure in allocating seats for party-lists: STEP 1: Rank the parties from the highest to the lowest based on the number of votes they garnered during the elections. sectoral or group STEP 5: Even if you did not get 2%. as the people’s representatives. (2) bills STEP 2: Determine the total # of seats introduced in Congress. office may not be disciplined as a member of the Bar for misconduct committed while in the STEP 4: Determine the additional seats discharge of official duties. session. unless said bearing in mind that each party may not get misconduct also constitutes also a violation of more than 3 seats.80) as a member of congress or a member or any committee thereof. his oath as a lawyer. Ratio X Additional seats SEC. The acquisition of minimal participation in the “interest” of the client and then the act of POLITICAL LAW REVIEW DOCTRINES | ATTY. to perform the functions of their office without Ratio = # of votes of party list concerned fear of being made responsible before the total # of votes in party list system courts or other forums outside the congressional hall. you can interests in the lower house. or form coalitions with. JACK JIMENEZ | MARK JOREL O. JIMENEZ V. sectoral organizations for electoral or political purposes. “additional seats” are the maximum seats reserved less the guaranteed seats. (3) other acts performed by Congressmen whether or not in its premises in # of seats available to # of the official discharge of their duties. DEFENSOR-SANTIAGO – Generally for the party-list system shall be entitled to 1 speaking. but to = Additional seats enable them. because they have already been allocated. a lawyer holding a government guaranteed seat each.20) = for To be protected.Page | 3 (6) Declares Untruthful statements in its petition (7) Fails to Participate in the last 2 preceding elections or fails to obtain at least 2% of the votes cast in the 2 preceding elections (8) Religious Sect or association organized for religious purposes ** NOTE: Qualifications of party-list nominees under §9 of the Party List Law: (1) Natural-born citizen (2) Able to read and write (3) At least 25 years old on the day of the election (Youth sector: at least 25 but not more than 30 years old on the day of the election) (4) Registered voter (5) Resident of the Philippines for a period of not less than 1 year immediately preceding the day of the election (6) Bona fide member of the party for at least 90 days preceding the day of the election BANAT V. statements made. 14 = Additional seats of party list PUYAT V. DE GUZMAN – Acquiring a mere P200 concerned worth of stock of only 10 shares is an obvious circumvention of the rule prohibiting the appearance of a member of congress before an administrative body. whether or not in available to the party-list system. Thus STEP 6: No rounding off.
of proceedings. not only the particular office under empowers each house to determine its rules which he stands accused. VILLEGAS – The enrolled bill doctrine itself whenever his words and conduct are is based mainly on the respect due to the coconsidered disorderly or unbecoming a equal and independent departments. History indicates that “majority” refers to the political party to which the most number of lawmakers belonged. by leaving the session hall. when the requisite number of members has agreed to a CASCO V.S. congressional halls. The word “office” applies to any office which the officer charged may be SEC. a majority of the Election does not free the accused from the members constitute “the house. one of which has to be identified as the “dominant minority. Preventive suspension under RA3019 is preliminary and not a penalty. conclusive upon the courts as regards the tenor of the measure passed by Congress. RA3019 does not state that the public officer concerned must be suspended only in the office where he is alleged to have committed the acts. 16 (2) constitutional prohibition ineffective. PONS – Courts can take judicial notice matter of judicial inquiry. member thereof. prevent compel absent members to attend sessions if the majority of 12 other senators from passing the reason for the absence is a legitimate one. JALOSJOS – The privilege to be free from arrest applies only if the offense is SEC. permanent or temporary. much less the minority. not forum. They voted him with the majority of all the members of the Senate is knowledge that he could discharge his 12. SANTIAGO V. The SEC. an absolute freedom of action. would be to violate the doctrine of rules are merely procedural. a resolution with their unanimous consent. which POLITICAL LAW REVIEW DOCTRINES | ATTY. It does not protect him from responsibility before the legislative body ASTORGA V.Page | 4 “intervening” in the proceedings makes the SEC.” For common restraints of general law. There could also be several minority parties. But this is only outside the judicial legislation. If there are 12 senators there is quorum to legislative functions within the confines of do business. and with their separation of powers. 16 (1) punishable by less than 6 years of AVELINO V. 16 (3) ARROYO V. or waiver legislature. VI § 16(3) is punitive and a penalty. The Constitution does not delineate who shall comprise the majority. 16 (4) failure to regard the rule is not a subject U. It is not a penalty because it is not imposed as a result of judicial proceedings. If there was any guarantees the legislator complete freedom of mistake in the printing of the bill. CALIDA .S. prison only. The performance of legitimate and even There is a difference between a majority of essential duties of a public officer has never ALL THE MEMBERS OF THE HOUSE. failure to conform to parliamentary usage will Extraneous evidence cannot be admitted. The voters example. JACK JIMENEZ | MARK JOREL O. Parliamentary explicit. Preventive suspension applies to all persons indicted upon a valid information. career or non-career. while “minority” refers to a party with a lesser number of members. SANDIGANBAYAN – Suspension under Art. of legislative journals.” The rules of Senate do not provide for the positions of majority/minority leaders. GIMENEZ – The enrolled bill is particular measure. mean all the members. it does not however provide that the members who will not vote for him shall ipso facto constitute the minority. No law or regulation states that the losing candidate shall be the minority leader.. They are conclusive observance. “The house” does not prison. In the absence of any specific rule. and OSMENA V. SANTIAGO V. the remedy expression before the courts or any other is by amendment or curative legislation. and The rules adopted by deliberative bodies are to inquire into the veracity of the journals of subject to revocation. GUINGONA – Majority is defined as the number greater than half or more than half of any total. Mere evidence as to the date of adjournment. While the Constitution provides the manner of electing the Senate President. V. and a been an excuse to free a person validly in majority of THE HOUSE. DE VENECIA – The Constitution holding. whether appointive or elective. PENDATUN – Parliamentary immunity approved by the President. CUENCO – A minority of 10 senators imprisonment. when they are already clear and by the body adopting them. the court has no concern. PEOPLE V. there are 23 senators present and 1 were fully aware of the limitations of his absent for a surgery in the U. not invalidate the action. the Court has no basis upon which to determine the legality of the acts of the Senate. Records of the judiciary are as important as those of the judiciary. The House is the sole judge of what constitutes disorderly behaviour. Members of Congress cannot may not. It is a continuous power beyond the challenge of any other body. modification.
interests or biases would stand in the way of SEC. Congress also Commission endorsement of other congressmen is has the power to inquire into the credentials inconsequential if they do not belong to the of any of its members. CALIDA . AVELINO – An election contest relates must be permanent and do not include the only to statutory contests in which the temporary alliances or factional divisions not contestant seeks not only to out the intruder. 17 VERA V. If the attestation is absent and the same is not required for the validity of the statute. Absent such attestation and there being no enrolled bill. is essential. and not the signatures of the presiding officers. the expulsion of a member of the electoral Once inquiry is established to be within the tribunal. JACK JIMENEZ | MARK JOREL O. Political parties cannot use the intended to affect or change. This declaration has more weight than the attestation which it invalidated. When the electoral tribunal as a tool for the legislative body does not itself possess the aggrandizement of the party in power. SINGZON – The manner of filling up the The question must be material to the subject Commission on Appointments as prescribed in of the inquiry or investigation. The measure of self-preservation. When the Senate President declares his signature on the bill to be invalid. MITRA – A lone member of a party is an inherent power of Congress as a is not entitled to one of the twelve seats in the on Appointments. involving severance of political loyalties or but also to have himself inducted into the formal disaffiliation. office. all bills authenticated in the manner stated. Members enjoy security of tenure. The law making process ends when the bill is approved by both Houses. The test of the Constitution is not a political question. the Courts may examine the journal to determine whether or not the bill is duly enacted. The and legislative components commonly share on the duty and authority of deciding all electoral Constitution does not contemplate that the contests. ARNAULT V. The approval by congress. PINEDA – Electoral tribunals are essential and auxiliary to the legislative bodies separate and independent of the function. the membership may not be terminated except investigating committee has the power to for just cause. jurisdiction of a legislative body. It is precisely the absence of such provision in the Senate bill and the presence thereof in the House bill that causes the conflict. ABBAS V.Page | 5 requires the judicial department to accept as having passed by Congress. ABAKADA V. The absence of the provision shows House has the authority to change its the disagreement in the intention. a senator-member may inhibit or disqualify himself from sitting in the SET is that there be at least a majority of the when he sincerely feels that his personal entire membership. subject to the constitutional right against self-incrimination. 18 DAZA V. The power to defer oath taking belongs to Congress. include congressmen. it must be sought in Congress since it refers to an internal rule of Congress. 21 objective and impartial judgment. representation to reflect at any time. SET – In providing for the SET to be staffed by both SC Justices and Senators. the GUNGONA V. recourse must be had to Disloyalty to the party is not a valid ground for others who do possess it. They were created to function as and effectively in the absence of information nonpartisan even if 2/3 of its members are about the conditions which the legislation is politicians. Such changes SEC. Legislature cannot legislate wisely legislature. GONZALES – By adding together two Constitution intended that both those judicial halves to make a whole is a breach of the rule proportional representation. It is incorrect to conclude that there is no difference in the bills of each house merely because such provision exists in the House version while it is absent in the Senate version. PHILIPPINE JUDGES V. endorsee’s political party. require a witness to answer a question pertinent to that inquiry. PRADO – The Court may not inquire beyond the certification of the approved bill from the presiding officers of Congress. The legislative component cannot be Commission on Appointments must always twelve senators and twelve totally excluded from participation. SEC. and the certification does not add to the validity of the bill or cure any defect already present upon its passage. It COSETENG V. requisite information. The materiality is the direct relation to the subject POLITICAL LAW REVIEW DOCTRINES | ATTY. What the Constitution requires Nevertheless. the changes that may transpire in the political alignments of its membership. and not the electoral tribunal. the courts may resort to the journals and other records of the Congress for proof of its due enactment. ERMITA – If a change is desired in the practice of the Bicameral Conference Committee. NAZARENO – The power of inquiry is BONDOC V. and issued a subsequent certification that the invalidation of his signature meant that the bill he had earlier signed had never been approved by the Senate.
either concept. it must so assert it and state the non-members for contempt. the of Congress but also of “any of its communication must be authored or received committees. the concentrated essence of substance. encompasses everything that President himself. Diplomatic and economic relations with another sovereign nation may be the basis of presidential communications privilege. GORDON – The Constitution explicitly quintessential and non-delegable presidential recognizes the power of investigation not just power. However. by a close adviser of the President or the being broad. Pursuant to the doctrine of executive order exempting members and staff separation of powers. JACK JIMENEZ | MARK JOREL O. The operational proximity test is not conclusive in every case. Nevertheless. person can be punished unless the testimony is required in a matter over which Congress NERI V. plenary and complete. SENATE – Elements of presidential had jurisdiction to inquire. Indeed. The fact that a power is subject to the concurrence of another entity does not make such power less executive. and the context in which it is made. The information which the government may validity of a claim thereof depends on the withhold from the public. of inquiry of Congress is executive privilege. It even extends to government For the claim to be properly invoked there agencies created by Congress and officers must be a formal claim of privilege requiring a whose positions are within the power of precise and certain reason for preserving Congress to regulate or even abolish. even if delegated. because revenue bills are required to originate exclusively in the House. A member of the Cabinet is properly within the term “advisor” of the President. CALIDA . it is door cabinet meetings. The main consideration is to limit the availability of executive privilege only to officials who stand proximate to the President not only by reason of their function but also by reason of their position in the Executive’s organizational structure. “Non-delegable” means that a power or duty cannot be delegated to another or. Congress has the right to know why the executive considers the requested information The fact that the Constitution expressly gives privileged. diplomatic and other fact of being executive officials. the appearance of the meant presidential conversations. An confidentiality. Congress may not of an agency from the Congress’ power of require the executive to state the reasons for inquiry cannot be countenanced. the responsibility remains with the obligor. It is recognized only in relation to certain types NERI V. the Senate cannot enact revenue measures of its own without such bills. “Quintessential” is defined as the most perfect embodiment of something. by which the court in the question hour. invalid to appearances of department heads in inquiries in aid of legislation unless a valid While executive privilege is a constitutional claim of privilege is subsequently made. POLITICAL LAW REVIEW DOCTRINES | ATTY. If the executive branch withholds Congress the power to punish members does such information on the ground that it is not imply exclusion of the power to punish privileged. (2) operational proximity. the claim with such particularity as to compel disclosure of the information which the SENATE V. SOF – The power of the Senate to propose amendments must be understood to be full. SEC. (3) information sought concerns the administration of existing laws likely contains important evidence as well as proposed or possibly needed statutes. SENATE – There are certain types of of information of a sensitive character. After a revenue bill is passed and sent over to it by the House. the Senate certainly can pass its own version on the same subject matter. 24 TOLENTINO V. the extraordinary character of the exemptions indicates that the presumption inclines heavily against executive secrecy and in favor of disclosure. ERMITA – An exemption to the power privilege is meant to protect. that there is a ground invoked and the context in which it is governmental privilege against public made. department heads in the question hour is correspondences. no reason therefor and why it must be respected. Executive officials are not exempt from disclosure with respect to state secrets the duty to disclose information by the mere regarding military. and discussion in closeddiscretionary on their part.” Congress’ power of inquiry. The power of the Senate to propose or concur with amendments is apparently without restriction. Noticeably absent is any recognition that executive officials are exempt from the duty to disclose information by the mere fact of being executive officials. however. a claim thereof may be valid or not by the President or by the Executive depending on the ground invoked to justify it Secretary. Thus.Page | 6 matter of inquiry and not by indirect relation to any proposed or possible legislation. national security matters and that the right to information does not extend to matters The requirement to secure presidential recognized as privileged information under consent is valid with respect to appearances the separation of powers. communications privilege: (1) the communication protected must relate to a SABIO V.
SOF – The presidential certification dispenses with the requirement not only of printing but also that of the reading of the bill on separate days. 26 (2) TOLENTINO V. There is These conditions must also be met: (1) the sufficient compliance if the title expresses the funds to be realigned are actually savings. They are in the best position to do so because they are the ones who know whether there are savings. MACARAIG – The power given to the with several subject matter. A committee to which a bill is referred may do any of the following: (1) endorse the bill without changes.Page | 7 It would seem that by virtue of this power. COA – The power to transfer deviate from the general subject of the law. CALIDA . The Deputy PHILIPPINE JUDGES V. only the Senate President and the The requirement is satisfied when all parts of Speaker of the House are allowed to approve the law relate to the subject expressed in the title. fraud upon the legislature. be expressed in its title are: (1) to prevent surprise. or exists presently in fact. Augmentation denotes that an appropriation was determined to be deficient after the implementation of the project or activity for which an appropriation was made or after an evaluation of the needed resources. It is not necessary that the title be a the realignment. SEC. Any provision in the general in the general appropriations bill shall relate specifically to some particular provision therein. However. Even assuming that provisions are beyond veto POLITICAL LAW REVIEW DOCTRINES | ATTY. The purpose of the constitutional provision is Senate President. CTA – A law increasing funds transfer is to be made. (2) general subject but the provisions of the the transfer is for the purpose of augmenting statute are germane to the general subject. not some general provision of law. and (2) to give them notice that a measure is progressing through the SEC. details. MATA – A provision referring to a fundamental governmental policy of calling to active duty and the reversion of inactive status of reserve officers in the AFP in an appropriation law is a rider which is prohibited by the constitution. JACK JIMENEZ | MARK JOREL O. calculated to mislead the legislature or the The purpose for which three readings on separate days is required is two-fold: (1) to inform the members of Congress of what they must vote on. savings pertains exclusively to the President. or earlier in case of completion. Chief to prohibit duplicity in legislation. president to disapprove any item in an appropriations bill does not grant the authority to veto a part of an item and to approve the remaining portion of the same item. Actual savings is a sine qua non to a valid transfer of funds from one government agency to another. An item refers to the particulars. 26 (1) enacting process thus enabling them and PHILCONSA V. Savings may generally be determined at the end of the year. It in itself is a specific appropriation of money. SEC. there is sufficient compliance with the constitutional requirement. A distinct and severable part of a bill may be subject of a separate veto. or deficiencies in appropriation. ENRIQUEZ – Members of Congress are given the power to determine the necessity of realignment of the savings in the allotment for their operating expenses. discontinuance or abandonment of the work for which the appropriation was authorized but not as early as January 31. (2) to fairly appraise the people through such SEC. people. 25 (2) GARCIA V. House Speaker. (3) to prevent a law GONZALES V. the items of expenditures to which said INSULAR LUMBER V. which grants a partial exemption does not SANCHEZ V. SEC. PRADO – If the title fairly Executive secretary is not authorized to indicates the general subject. (2) to make changes in the bill omitting or adding sections or altering its language. complete index of the content. and reasonably covers all the provisions of the act and is not transfer funds. The withdrawal of the franking privilege is germane to the accomplishment of the principal objective of law creating a more efficient and effective postal service system. GIMENEZ – The purpose of the others interested in the measure to prepare requirement that the subject of an act should their positions. (3) make and endorse an entirely new bill as substitute. 25 (5) PHILCONSA V. It is even more ridiculous to claim that savings may be presumed from the mere transfer of funds. The word “actual” denotes that something is real or substantial. 27 (2) publication of legislation. and that any such provision shall be limited in its operation to the appropriation to which it relates. the Senate can practically rewrite a bill required to come from the House and leave only a trace of the original bill. the distinct and severable parts of the bill. Justice and the heads of constitutional commissions and no other. It is the indivisible sum of money dedicated to a stated purpose.
there must be intent to resign and the intent must be coupled by acts of relinquishment. 13 CIVIL LIBERTIES V. ARTICLE VII • EXECUTIVE • SEC. which prohibitions are not similarly imposed on other public officials. all-embracing prohibition imposed on the President. (2) in an ex-officio capacity. the power of taxation is public purpose. 8 ESTRADA V. Item vetoes are allowed to avoid riders being attached to appropriation measures but only a particular item (meaning the particulars. even if each CIR V. since both the SEC. A proposal for a snap election where the president would not be a candidate is indicia of intent to resign. Executive function under the said fund involves implementation of the priority projects specified in the law. (3) as provided POLITICAL LAW REVIEW DOCTRINES | ATTY. but not period and necessities are following the doctrine of inappropriate commercial purposes). as opposed to the furtherance of the SEC. whose principal power and responsibility is to see to it that our laws are faithfully executed. as they fall due. JACK JIMENEZ | MARK JOREL O. ENRIQUEZ – The repeal of a law should be done in a separate law. CALIDA . negative standard for courts to enforce. The scope of item veto should be any provision which: (1) does not relate to any particular item. is no unlimited discretion as to the amounts to not judicially enforceable rights. details. DRILON – The general rule is that the president must veto the bill in its entirety. A necessary component of this power to execute our laws is the right to prosecute their violators. Since taxing powers must be exercised for public purposes only. DESIERTO – For there to be resignation. Reasonable emphasis has always been made management policies. EXECUTIVE SECRETARY – There is a sweeping. incapable of SEC. They cannot be used for purely private purposes or TOLENTINO V. every place where the subject of it is found. WEBB V.g.” It was Congress itself that determined the purposes for the appropriation. Incidental benefit or advantage to the public does not justify the use of public money. ENRIQUEZ – The Countrywide Development Fund is explicit that it shall be used “for infrastructure. members of Cabinet. PHILCONSA V. be disbursed for debt servicing. There Constitution as moral incentives to legislation. Also. without necessity of periodic enactments of separate laws. not in the appropriations law. Uniformity means that all property belonging PLANTERS V. the amount that the exemption extends to facilities which needed to cover the payment of principal.Page | 8 powers. It is the essential character of the direct object of the expenditure which must determine its validity and not the magnitude of interest to be affected. 28 (3) ABRA VALLEY V. a provision may still be vetoed residence for director and president. 1 PHILCONSA V. PUBLIC WORKS – The right to appropriate funds is correlative to the right to tax. Legislature is without power to appropriate public funds for anything but a public purpose. This is a automatic appropriation for debt servicing are directive to Congress and was placed in the made certain by legislative parameters. DE LEON – The prosecution of crimes pertains to the executive department. The mandate is to pay only the principal. and as when SEC. SEC. (3) an unconstitutional provision intended to amend other laws. 29 (1) PASCUAL V. SOF – Regressivity is not a for the exclusive benefit of private persons. provisions BENGZON V. determination in advance. CARAGUE – The amounts in progressive system of taxation. AQUINO – The test for exemption they shall become due. The prohibition against holding dual or multiple offices must not be construed as applying to posts occupied by executive officials: (1) without additional compensation. the distinct and severable parts) may be vetoed. (2) extends the operation beyond the item of appropriation. LINGAYEN GULF – A tax is uniform when it advantage to individuals incidentally serves operates with the same force and effect in the public. What the Constitution requires is to evolve a GUINGONA V. The test of constitutionality is whether the statute is designed to promote public interests. FERTIPHIL – An inherent limitation on to the same class shall be taxed alike. are incidental to or reasonably necessary for interests and taxes should be made available the accomplishment of the main purpose (e. 28 (1) advantage of individuals. appropriation provides the from taxation is the use of the property for Automatic flexibility for the effective execution of debt purposes mentioned in the Constitution. then money raised by taxation can be expended only for public purposes as well. taxes and other normal banking charges. purchase of ambulances and computers and other priority projects and activities and credit facilities to qualified beneficiaries. interest.
the President. Thereby. the right of choice is vacancy in the Supreme Court or to other the heart of the power to appoint. 7. The narrow exception to this rule is temporary SEC. 15 IN RE: APPOINTMENT OF VALENZUELA – Art. or alien to the primary function. but must be required by the imposes a duty which should not be official’s primary functions. the vacancy. §4(1) imposes on the required to be performed are merely President the imperative duty to make an incidental. or in the heads of departments. agency. chairman and commissioners or CSC. appointments in the judiciary. Court within 90 days from the occurrence of then it would prohibited. commission. The Valenzuela ruling did not firmly rest on the deliberations of the Constitutional Additional duties must not only be closely Commission. the use of the word “shall” related to. there is no positions in the office mentioned in the law. COMELEC. §15 is directed against appointments for buying votes (within 2 months prior to election) and those made for partisan considerations (midnight appointments). other officers whose appointment are vested in him in this Constitution (members of the JBC.Page | 9 for by law and (4)as required by the primary functions of said official’s office. TORRES – Appointment necessarily calls for an exercise of discretion on the part DE CASTRO V. or if the law authorizing the head of a department. SEC. SARMIENTO V. In fact. officers of the AFP with rank of colonel or naval captain and above. upon powers. A law requiring the confirmation of the said officials is unconstitutional because it amends by legislation §16 by adding thereto appointments requiring confirmation. agencies. this applies when the law is silent on who is the appointing power. commissions. in order to be The filling of vacancies in the judiciary is designation they must already be holding undoubtedly in the public interest. §4(1) provides that the vacancy shall be filled within 90 days contrasts with the prohibition under Art. JBC – The prohibition under §15 of the appointing power. they need only service or endanger public safety. ambassadors. RUFINO V. nor obligatory. or board to appoint is declared unconstitutional. public policy against appointments made within the ban period. The records of the deliberations of the framers reveal that The recommendation of the SOJ for the the arrangement of the allocation of powers appointment of prosecutors should be among the three departments is a true interpreted as essentially persuasive in recognition of the principle of separation of character. consuls. POLITICAL LAW REVIEW DOCTRINES | ATTY. inconsistent appointment of a Member of the Supreme incompatible. 16 appointments to executive positions when RAFAEL V. or boards) – No confirmation CALDERON V. ENDRIGA – With respect to “(2) All other officers of Government whose appointments are not otherwise provided by law” which does not require confirmation. The creation of the JBC was to depoliticize the Judiciary by doing away with the intervention of the Commission on Appointments. EMBROIDERY BOARD – For the chairman continued vacancies would prejudice public and board members to qualify. 8. §15 is couched in stronger negative language that the president shall not make appointments. It also amends by legislation the second sentence by imposing the confirmation on appointments which are otherwise entrusted only to the President. not binding. be designate by their respective department heads. BERMUDEZ V. CARALE – The appointment of the Chairman and Commissioners of the NLRC need not be confirmed by the Commission on Appointments. It is the prerogative does not apply to appointments to fill a of the appointing power. COA and members of regular consultative commissions) – Requires consent of the Commission on Appointment (2) All other officers of Government whose appointments are not otherwise provided by law – No confirmation (3) Those whom the President may be authorized by law to appoint – No confirmation (4) Officers lower in rank whose appointments the Congress may vest in the President alone (in the courts. JACK JIMENEZ | MARK JOREL O. They all sit ex-officio. §15 doesn’t apply as well to all other appointments in the Judiciary. CALIDA . If the functions disregarded. Also. MISON – The Constitution provides for four groups whom the president shall appoint: (1) Head of executive departments. showing of any compelling reason to justify No new appointments are necessary and the making of the appointment during the there is no attempt to deprive the President of period of the ban. remotely related. The establishment of the Judicial and Bar Council and their subjecting the nomination and screening of candidates for judicial positions to the unhurried and deliberate prior process ensures that there would no longer be midnight appointments to the Judiciary. there is a strong his power to make appointments.
Under the Constitution the President also has NAMARCO V. (2) to suspend the privilege of the writ administratively supervised by the of habeas corpus and (3) to place the Administrator of the Office of Economic Philippines. CALIDA . However. family and property relations. calling out power and not a declaration of The list is not exclusive. or boards is a matter of legislative grace. the power to appoint can only be vested in the heads or chairpersons of the commissions or boards and not to their members. power cannot be exercised. under Coordination. The President’s control over the executive department refers only to matters of general policy or any definite course or method adopted and followed by a government or body. or boards may appoint must be of lower rank than those vested by law with the power to appoint. Congress may impose certain conditions for the exercise of such legislative delegation. The standard law. commissions. This is in contrast to the President’s power to appoint which is a self-executing power and thus not subject to legislative limitations or conditions. further than to satisfy the Court. not correctness. As to those officers factual bases in order to determine the who belong to the classified service that constitutionality thereof. but that the ANGELES V. head of an Executive Department.P a g e | 10 The grant of power to appoint to the heads of departments. under the principle that the power to remove is inherent in the power to appoint. whose rank is equivalent to a martial law. or withhold from. 18 LANSANG V. agencies. Nevertheless. The removal of an officer cannot be said to come within the meaning of control over a specific policy of government. customs. JACK JIMENEZ | MARK JOREL O. Under the Constitution. CASTILLO – The President does not have blanket authority to remove any officer or employee of the government. Also. in its entirety or only partly. nor a state of emergency can justify the President’s exercise of legislative power by issuing decrees. The President cannot call the military to enforce or implement certain laws (i. VER – The suspension of the privilege control his functions shall be exercised. Congress has the discretion to grant to. presidential appointees. (2) public safety requires such suspension. the suspension of the writ of habeas is arbitrariness. obligations and contracts). The does not destroy a person’s right and cause of right to appeal to the President reposes upon action for damages for illegal arrest or the President the power of control over detention. GAITE – The declaration of martial President did not act arbitrarily. GARCIA – Two conditions must occur for the valid exercise of authority to suspend the privilege of writ of habeas corpus: (1) the existence of invasion. The President can only order the military to enforce laws pertinent to its duty to suppress lawless violence. and rebellion. neither martial law. The power of the President to review the decision of the SOJ dealing with the preliminary investigation of cases cannot be considered as falling within the same exceptional class which cannot be delegated. lawless violence. and is responsible to the President under whose ABERCA V. PP1017 is unconstitutional insofar as it grants the President the authority to promulgate decrees. this applies only if they are SEC. suspend or remove officers who belong to the executive. The officers whom the heads of departments. not that the President’s decision is correct. are adjuncts of the Executive Department. agencies.e. the heads the power to appoint lower-ranked officers. 17 ANG-ANGCO V. the Court has the authority to inquire into the existence of the POLITICAL LAW REVIEW DOCTRINES | ATTY. The President may summon the showing that the executive power in question armed forces to aid him in suppressing is of similar gravitas and exceptional import. right of the individual to seek release from detention through the writ of habeas corpus All executive and administrative organizations as a speedier means of obtaining his liberty. The power of control of the President may extend to the power to investigate. the exercise of pardoning power demands the exclusive exercise by the PP1017 is an exercise of the President’s President of the constitutionally vested power. ARCA – A GOCC partakes the three options: (1) to call out the Armed nature of government bureau which is Forces. insurrection. whereby the heads are agents of the Chief DAVID V. nor a state of rebellion. corpus. What is suspended is merely the executive departments. ARROYO – Judicial inquiry can go no Executive. commissions. but that power must still be subject to the law that may be passed such as the Civil Service Act. invasion and rebellion. The power of control is defined as the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgement of the officer for that of the subordinate. SEC. but there must be a martial law. If it so grants.
The judiciary will not interfere in literary contests. He must reapply and undergo the usual procedure for a new appointment. and are GONZALES V. (4) the emergency powers must be exercised to carry out a national policy declared by Congress. 21 the pardon are purely executive acts. TREASURER – Executive agreements not wash out the moral stain. It does not erase the fact of commission of crime and the conviction thereof. (2) cannot be extended to impeachment cases. CA – A person’s sentence which has already been commuted can no longer be reinvestigated. BAUTISTA – It is necessary that there be a law that gives rise to some specific rights of persons or property under which adverse claims to such rights are made. beauty contests. purely as executive acts affecting external relations and independent of or needs no Even if a person was pardoned. While it relieves the only when it conflicts with the fundamental party from all the punitive consequences of law. Congress is the repository of emergency powers. Pardon merely ARTICLE VIII restores eligibility for appointment to that • JUDICIARY • office. (2) the delegation is for a limited period only. the President cannot take over or direct the operation of any privately owned public utility or business affected with public interest without authority from Congress. CALIDA . The Constitution authorizes the MONSANTO V. A judicial function is an act performed by virtue of judicial powers. SEC. (3) in election cases. FACTORAN – Pardon implies guilt nullification of an executive agreement. it involves are of two classes: (1) agreement made forgiveness and not forgetfulness. HECHANOVA – Although the President not subject to judicial review. not and looks into the future. the Constitution does not distinguish between which cases executive clemency may be exercised by the President.P a g e | 11 Generally. Absent such delegation of emergency powers. The President also has no power to point out the types of businesses affected with public interest that should be taken over. because in no way is arrest a penalty. committed but also removes all disabilities of the power of supervision and control. by pardon may either be: (1) purely executive act executive agreement. (2) a judicial act enactments by indirectly repealing the same for violating the Revised Penal Code – consists through an executive agreement providing for of trial and conviction of conditional pardon. It does USAFFE V. it relieves him from nothing Congress. TORRES V. he may not. House arrest cannot be considered as a continuation of his sentence. and similar competitions. 1 LLAMAS V. but rather a mere means of taking a person into custody. The framers of the Constitution deemed it wise to allow Congress to grant emergency powers to the President. An absolute pardon erases not only the crime SEC. (3) the delegation must be subject to such restrictions as the Congress may prescribe. He many not defeat legislative conviction by final judgment. LABRADOR – There are three limitations on the exercise of pardoning power: (1) power must be exercised after conviction. ORBOS – Except for cases of impeachment. Thus it extends to President may reverse or modify a ruling accessory and resultant disabilities. The pardoning power cannot be restricted or controlled by legislative action. It can only be subject to constitutional limitations. JACK JIMENEZ | MARK JOREL O. There is agreements) and (2) agreement entered into also no automatic reinstatement because in pursuance of acts of congress pardon does not ipso facto restore a convicted (congressional-executive agreements). but also when it runs counter to the act of his criminal act. except that he should remain in house arrest. It is sufficient when a person is voluntarily released with no terms or conditions. CRISTOBAL V. enter into a transaction under the Revised Administrative Code – not which is prohibited by statues enacted prior subject to judicial review and does not require thereto. subject to certain conditions: (1) there is a war or emergency. felon to public office which was forfeited by reason of the conviction. The commutation of sentence need not be in a specific form. If those adjudged guilty criminally may be pardoned there is no reason why the same benefit may not be extended to those adjudged guilty administratively. the resulting from conviction. The President can grant executive clemency in administrative cases. which are clearly less serious than criminal offenses. the performance of the very act prohibited by the said laws. more. it may not be granted without the favourable recommendation of the COMELEC. Also by virtue SANTIAGO V. GONZALES – The grant of pardon and determination of the terms and conditions of SEC. 19 DRILON V. The test to determine whether a tribunal or board exercises judicial functions: (1) there must be POLITICAL LAW REVIEW DOCTRINES | ATTY. issued by subordinate against an erring public official. he is not legislative authorization (presidential entitled to backpay for lost earnings. The may enter into executive agreements without determination of the breach of conditional previous legislative authority.
redressed by a favourable action. JACK JIMENEZ | MARK JOREL O. No standing as corporate entity if the substantial relation to the third party is not shown or that the third party can assert SEC. (3) the injury is likely to be for the constitution. DIRECTOR OF PRISONS V. The correctness of a Supreme Court decision is conclusive upon the other branches of government. No interest as registered voters if the case does not concern their right to suffrage. controversy as to assure that concrete Taxpayers can nullify laws upon the theory of adverseness which sharpen the presentation misapplication of public funds. or the party entitled to the TELEBAP V. without violating the doctrine of separation of powers. (3) the tribunal must pertain to that branch of the sovereign which belongs to the judiciary. COMELEC – A citizen will be avails of the suit. which simultaneously reduces the control of the president over such officials. The question is personal and substantial interest in the case whether such parties have alleged such a such that he has sustained. under the principle of separation of powers. So long as any of issues the court depends in difficult proposed amendment is still unacted. underpinnings. IN RE: LAURETA – The court must act to preserve its honor and dignity and to safeguard the morals and ethics of the legal profession. It is a prerequisite that something had by then been It is different from questions relating to accomplished or performed before the court whether a party is the real party in interest or the party who would be benefited or injured may inquire. or a suggestion that would reflect on the wisdom or propriety of an action by the President. the real parties in interest are those when: (1) he can show that he has personally who parties to the contract. no room for judicial oversight. TEEHANKEE – There is no inherent power in the executive or legislative to charge the judiciary with administrative functions except when reasonably incidental to the fulfilment of judicial duties. as well as broader TAN V. ECHEGARAY V. HR – Judicial power is not only a power. A party suing as a taxpayer must specifically show that he has sufficient interest in preventing the illegal expenditure of money raised by taxation and that he will sustain direct injury as a result of the enforcement. In an action for annulment of allowed to raise a constitutional question only contracts. Legal standing has constitutional jurisdiction of the Supreme Court. CALIDA . Courts are not concerned with the wisdom or morality of laws. MORATO – The “law of the case” is involving the validity of the acts of the not applicable if the case is not a continuation Executive purportedly under the authority of of the previous case. The suspension of death sentence is an exercise of judicial power and is essential to jurisdiction. it is also a duty which cannot be POLITICAL LAW REVIEW DOCTRINES | ATTY. (2) that the tribunal must have the power and authority to pronounce judgment and render a decision. (3) lack of party who can bring a suit. Supreme Court resolutions are beyond the investigation from other departments of the government because of the doctrine of separation of powers. which are purely political in nature. ANG CHO KIO – The matter of whether an alien who violated the law may remain or be deported is a political question that should be left entirely to the President. A prior case wherein martial law proclamations.P a g e | 12 specific controversy involving rights of persons brought before a tribunal for hearing and determination. No interest as taxpayers if it does not involve the exercise by Congress of its taxing or spending power. NOBLEJAS V. it is still subject to the authority and determination of their standing in the present suit. 5 (2) LINA V. there is constitutional questions. MACAPAGAL – Any person who impugns the validity of the statute must have a public policy concerns. It is not within the province of the judiciary to express an opinion. (2) Utter disregard challenged action. A law cannot charge the Supreme Court with an administrative function of supervisory control over executive officials. An accused who has been convicted by final judgment still possesses collateral rights. the Executive to determine whether or not it should take cognizance of any given case KILOSBAYAN V. or will sustain personal stake in the outcome of the direct injury as a result of its enforcement. and there is no higher right than the right to life. PURISIMA – It is for the Court rather than his constitutional right. (2) Requisites of transcendental importance: (1) that the injury is fairly traceable to the Public funds are involved. suffered or threatened injury as a result of the allegedly illegal conduct of government. FRANCISCO V. but only in the interpretation and application of the law. SOJ – The power of the president to grant reprieves cannot be interpreted as denying the power of the courts to control the enforcement of their decisions after their finality. It requires partial consideration of the merits. by the judgment. Marcos has publicly petitioners had standing to challenge a does not preclude their acknowledged that even if there was martial contract law.
GUTIERREZ – The Secretary of Justice party is notified of the motion.” The determination of a truly political question from a non-justiciable political question lies in the answer to the question of whether there are constitutionally imposed limits on power or function conferred upon political bodies. the courts are duty-bound to examine whether the government properly acted within such limits. PACU V. The possibility of the occurrence of a constitutional crisis. Justices cannot abandon their constitutional duties just because their action may start. a substantive law. and the public. If only to prosecute an act prohibited by law. DE AGBAYANI V. Courts do not sit to adjudicate mere academic questions to satisfy scholarly interest. It does not reduce the SEC. it an order granting the motion and dismissing violates the separation of the Executive and the case provisionally. a creditor has the right to proceed against substantive law. The choice is left to against the accused after the information had the creditor. SECRETARY OF EDUCATION – Mere apprehension that the Secretary might under the law withdraw the permit of the petitioners does not constitute justiciable controversy. One of the incidental and inherent prosecutor is served with a copy of the order powers of the courts is that of transferring the of provisional dismissal. prior the declaration of nullity. no matter how intellectually solid the problem may be. in the exercise of its rule-making power. A preventing a miscarriage of justice so retroactive application would violate the right of the people to due process and unduly demands. a procedural matter. or both moves for a provisional dismissal of the case. proceed against the estate would deprive him of these substantive rights under the Civil Code. or the accused. impair the State’s substantive right to prosecute the accused. PEOPLE V. and (4) the case is capable of repetition yet evading review. if not precipitate. 5 (5) PNB V. To require the creditor to been filed but subsequently provisionally dismissed.P a g e | 13 abdicated by the mere spectre of the political question doctrine. reclusion perpetua or life quash the information before pleading is imprisonment is imposed. ARROYO – The “moot and academic” principle is not a magical formula that can automatically dissuade the courts in resolving a case. LACSON – Requirements to the would minimize the possibility of an error of application of the time-bar of Rule 17: (1) the judgment. 5 (4) PEOPLE V. It is but a limitation of the anyone of the solidary debtors or some or all right of the State to revive a criminal case of them simultaneously. However. SANTERO V. MATEO – The Constitution is not impaired by the Rules of Court which is a preclusive in character and does not procedural rule. such right cannot be PEOPLE V. or of prospectively and not retroactively. Courts will decided cases. LAGUI – Prescription of a crime is an intermediate appeal or review in favor of the loss or waiver by the State of its right to the accused. it does not deems it wise and compelling to provide in apply to the defense of prescription. the bar. (3) when the constitutional issue raised requires formulation of controlling principles to guide the bench. prosecution with the express conformity of the accused. trial of cases from one court to another of equal rank. particularly. ASUNCION – Under the Civil Code. it must have been in force and had to be complied with. gives the surviving spouse and the children the right to receive support during the liquidation of the estate of the deceased. POLITICAL LAW REVIEW DOCTRINES | ATTY. from adding DAMASCO V. JACK JIMENEZ | MARK JOREL O. A prior determination by the Court of Appeals on. embarrassing conflicts between the congress and the judiciary and political stability are not reasons for the Supreme Court to refrain from upholding the Constitution in all impeachment cases. Substantive law cannot be amended by procedural law. While it is ensure utmost circumspection before the a rule that an accused who fails to move to penalty of death. DAVID V. whenever the imperative of The time-bar rule should be applied securing a fair and impartial trial. if: (1) there is a grave violation of the Constitution. CALIDA . the factual issues. (4) the public Judiciary. (3) court issues has no power to assign cases to be heard. (2) paramount public interest is involved. An action must be brought for a positive purpose. CFI – Since the provision of the Civil Code. If there are. a crisis. PNB – The general rule is that an unconstitutional act because it suffers from infirmity cannot be a source of legal rights or duties. (2) offended SEC. otherwise moot and academic. the periods under Article 90 of the RPC. There are two species of political questions: (1) “truly political questions” and (2) those which “are not truly political questions. a these cases a review by the Court of Appeals substantive right under the RPC which before the case is elevated to the Supreme extinguishes criminal liability. Court. the Court now deemed to waive all objections. necessarily prevent the Supreme Court. to obtain actual and positive relief. The existence of a statute prior to its being adjudged void is an operative fact to which legal consequences are attached.
income tax to members of judiciary. SEC. Being nonjudicial in character. Salaries of justices and judges are properly subject to Congress is not prohibited from reducing the the general income tax law. A “temporary member” is a misnomer not contemplated by the Constitution. DBM – The “no report. ARTICLE IX-A • COMMON PROVISIONS • SEC. Where a criminal complaint arises from their administrative duties. Their approved appropriations shall be automatically and regularly released. Mere designation does not satisfy this requirement. By parity of construction. “automatic release” of approved annual appropriations to the CSC. 11 VARGAS V. SEC. in violation of the doctrine of separation of powers. CSC V. The NLRC has no jurisdiction over money claims of contractual employees of the government. COA and COMELEC ARTICLE IX-B • CIVIL SERVICE COMMISSION • SEC. The purpose of judicial review is to keep the administrative agency within its jurisdiction and protect the substantial rights of the parties.P a g e | 14 A procedural law may not be applied retroactively if to do so would work injustice or would involve intricate problems of due process or impart the independence of the Court. appropriations over all other agencies not similarly vested when there is a revenue SEC. There is an underlying power of the courts to scrutinize the acts of such agencies on questions of law and jurisdiction even though no right of review is given by statute. RILLORAZA – Congress may not pass a law adding disqualifications to those adopted in the Constitution. SOJOR – A university president with a fixed term of office appointed by the POLITICAL LAW REVIEW DOCTRINES | ATTY. NLRC – Ever since appeals from the NLRC to the Supreme Court were eliminated. FERRER – COMELEC’s powers may be classified as administrative in character and pertaining to adjudicatory or quasi-judicial functions. NLRC – GOCCs which are organized as subsidiaries under the General Corporation Law will not be covered by the Civil Service Law. MWSS V. 5 CSC V. 6 MACEDA V. JACK JIMENEZ | MARK JOREL O. Even assuming that the Supreme Court had jurisdiction to review the administrative matter. Even assuming that there was a NITAFAN V. should be construed to mean that no condition to fund releases to it may be imposed. Awarding a contract does not come within the purview of final order which is exclusively and directly appealable to the Supreme Court. CALIDA . They are still governed by the Civil Service Law and not the Labor Code. SALIGUMBA V. HERNANDEZ – Both regular and contractual employees are covered by the Civil Service Law. the Ombudsman must defer action on said complaint and refer the same to the Supreme Court for determination whether the said Agencies which the Constitution has vested judge or court employee has acted within the with fiscal autonomy should thus be given priority in the release of their approved scope of their administrative duties. SEC. Any question arising from said order may well be taken in an ordinary civil action before trial courts. the legislative intendment was that the special civil action of certiorari was and still is the proper vehicle for judicial review of decisions of the NLRC. 10 shortfall. It is clear that the chief justice and the justices have to be appointed by the president and confirmed by the Commission on Appointments. it could not withhold full constitutional commissioners is to delete an release of the CSC’s funds without violating express grant of exemption from payment of the Constitution. 2 (1) NASECO V. ST. The phrase “unless otherwise provided by law” does not authorize any legislation that would alter the composition of the Supreme Court. below the amount appropriated for them for the previous year. appropriations of the CSC. the investigation being conducted by the Ombudsman encroaches into the Court’s power of administrative supervision over all courts and its personnel. VASQUEZ – In the absence of any administrative action taken against a judge or court employee. 7 FILIPINAS ENGINEERING V. no matter how brief a time it may be imagined. Shortfall of revenues does not justify non-compliance with the mandate. no direct and exclusive appeal to the Supreme Court may lie. CA – The power of the Supreme Court to review COA decisions refers to money matters and not to administrative cases involving the discipline of its personnel. MARTIN FUNERAL V. CIR – The clear intent of the revenue shortfall. no release” policy may not be validly enforced against offices vested with fiscal autonomy. the Supreme Court cannot do so on factual issues because the Supreme Court’s power is limited to legal issues only.
the rule is true only when the abolition is made in good faith. (2) tenure is limited to a period specified by law. Every appointment implies confidence. MALLARE – The phrase “for intercourse cause” means for reasons which the law and freedom from misgivings of betrayals of sound public policy recognized as sufficient personal trust. 2 (3) BRIONES V. and merely an initial determination that is not must be restricted to something or a conclusive in case of conflict. CALIDA . SEC. ABAKADA V. The Positions which are policy-determining. or which is co-terminous with government or any of its subdivisions. or which is limited to the is required to possess technical skill or duration of a particular project for which purpose employment was made. JAVIER – Career positions are reposed in the occupant of a position that is characterized by: (1) entrance based on merit primarily confidential. This means there should be bona fide reasons and they must be given fair hearing. primarily confidential and highly technical are excluded from the merit system and dismissal According to the Proximity Rule. SALAS – There are two instances when a position may be considered primarily In classifying a position as primarily confidential: (1) when the President. and interests of the public. It denotes not only and fitness to be determined as far as confidence in the aptitude of the appointee for practicable by competitive examinations or the duties of the office but primarily close based on highly technical qualifications. ordinary and day to day in character. There is no need to extend the professional relationship to the legal staff and subordinates which assist the confidential employee. The merit system will be ineffective if no safeguards are placed around the separation and removal of public employees. misgivings of betrayals of personal trust or Non-career positions are characterized by: (1) confidential matters of state. security of tenure. It is the nature substantial nature directly affecting the rights of the position which finally determines whether a position is primarily confidential. the functions of office. which insures freedom of SEC. JACK JIMENEZ | MARK JOREL O. that of the appointing authority or subject to A position is highly technical if the appointee his pleasure. between them is no longer predominant. Not merely causes which state. there exists a close intimacy between the appointee and the appointing power. The loss of such trust and confidence could easily result in the termination of services of the employee. (3) security of tenure. declares confidential. OSMENA – While the abolition of the office does not imply the removal of the incumbent. Supreme Court has the final say. (2) when by the nature of under the jurisdiction of the CSC. the positions are permanent and they enjoy security of tenure. policy determining or highly technical. GRINO V. (2) intimacy which insures freedom of intercourse opportunity for advancement to higher career without embarrassment or freedom from positions. PURISIMA – The guarantee of security of tenure only means that an employee cannot be dismissed from the service for cause other than those provided by law and only after due process is accorded the POLITICAL LAW REVIEW DOCTRINES | ATTY. but much more than ordinary confidence is CSC V. They serve as legal adviser and legal officer for the civil cases of the province and the city that they work for.P a g e | 15 governing board of trustees of the university a position to be such (upon CSC is a non-career civil service officer who is recommendation). entrance on bases other than those of the A position is policy-determining if he usual tests of merit and fitness utilized for the formulates a method of action for the career service. CSC V. CSC – A city legal officer and a provincial attorney are both primarily confidential positions. or confidential matters of the warrant for removal. The removal shall be made only for cause in the manner provided for by law. However. their legal assistants and subordinates are employed due to their technical qualifications. 2 (2) without embarrassment or DE LOS SANTOS V. a position is at pleasure of officers and employees deemed not confidential where the position of appointed therein is allowed by the the appointee is remote from that of the appointing authority since the element of trust Constitution. This is to afford public employees security of tenure. The cause must relate to A law specifying the nature of the position is and affect the administration of the office. Thus. its functions must not be routinary. A body could not be expected to function freely with a suspicious officer in its midst. that the right to abolish cannot be used to discharge employees in violation of civil service laws nor can it be exercised for personal or political reasons. the appoint power in the exercise of discretion may deem sufficient. (3) no training in the supreme or superior degree.
His appointment is invalid since he is ineligible. for instance.5%) with due consideration of all relevant factors affecting the level of collection is a standard analogous to inefficiency and incompetence of official duties. regular school days. positions in one person. They may not commit acts prejudicial to the best interests of their service by staging mass protests on CAYETANO V. 1 (1) SEC.” The question of the impropriety as distinct from illegality of such campaign is not justiciable. To engage in the practice of law is to give notice or render any kind of service which requires the use in any degree of legal SEC. Bonuses intended by way of SEC. for two different offices held concurrently by The only exceptions recognized by the one officer. compensation has been fixed there is added While ¶2 authorizes the multiple offices by an to such fixed compensation an extra reward in appointive official. then it is a practice of law. training and experience. MONSOD – The practice of law is not limited to the conduct of cases in court. double and indirect compensation. The CSC has concurrent jurisdiction over a president of a state university. Thus. so that a public officer or employee may serve full time with dedication and thus be efficient in the delivery *NOTE: Additional compensation – When for one and the same office for which of public services. An incumbent elective official. POLITICAL LAW REVIEW DOCTRINES | ATTY. SEC. an officer or employee of the government may receive only such compensation as may be provided by law. (2) Vice-President – member salary attached to such second office only of cabinet. He is legal mind of the legal effect of facts and entitled to be rewarded for the performance of conditions. knowledge. A law that lays down a reasonable yardstick for removal (i. of a bonus. this power is not exclusive in the matter of disciplining and removing its employees and officials. 7 FLORES V.e. This is not the primary functions of his position. All members of the civil service are under the jurisdiction of the CSC. when allowed by law or by the form. YATCO – The position of Secretary of National Defense and other heads of executive departments is not embraced and included within the terms “officers and employees in the civil service. The Constitution also prohibits additional. provided he first resigns from his elective office. 8 knowledge or skill. any exception to the rule against the appointment of an elective official to other **NOTE: Double compensation – This more properly refers to two sets of compensation government posts. While the law bestows upon a government body the jurisdiction to hear and decide cases involving specific matters.P a g e | 16 employee. MATHAY – Public office is a public involves the determination by the trained trust. legal procedure. CSC V. SOJOR – While the Board of Regents has the sole power of administration over the university. These produce adverse effects upon the students for whose education they were responsible. he is there to render service. ARTICLE IX-C • COMMISSION ON ELECTIONS • SEC. ¶1 allowed in the absence of a law specifically appears to be more stringent by not providing authorizing such extra reward. CALIDA . 2 (4) SANTOS V. Being a non-career civil servant does not remove him from the ambit of the CSC. As long as the work done PERALTA V. in or out of court. abandoning their classes and refusing to go back to work even after they have been order to do so. DRILON – §7 expresses the policy incentive to spur him to more diligent efforts the nature of additional against the concentration of several public partake compensation. incumbent national legislators (senators and representatives) will automatically forfeit their elective post after they have been appointed to another government office. both bodies have concurrent jurisdiction over the matter. when the revenue collection falls short of the target by at least 7. which requires the application of law. who has been appointed to another government post does not automatically forfeit his elective office. CA – Public school teachers must exercise their constitutional right to assembly within reasonable limits. member of the JBC. On the other hand. in which case. In the instances when holding a Constitution for elective officials are: (1) second office is allowed when an officer President – head of the economic and accepts a second office. his functions entrusted to him. a ground for disciplinary action under civil service laws. 2 (5) DELA CRUZ V. He can still be appointed to that office. it is to be presumed that such jurisdiction is exclusive unless it be proved that another body is likewise vested with the same jurisdiction. JACK JIMENEZ | MARK JOREL O. Practice of law means any activity. but that should not be the overriding consideration. he can draw the planning agency. unless otherwise provided by law. (3) member of congress – ex-officio when he is specifically authorized by law to receive double compensation.
AQUINO – Congress itself is not in a reappointment” applies only to one who has Services of the COA does not have the power position to oversee and supervise the actual been appointed by the President and to render or promulgate a decision for the release of each and every appropriation made POLITICAL LAW REVIEW DOCTRINES | ATTY. The COMELEC invoices.P a g e | 17 Experience as a lawyer-economist. The of COA. 1 (1) unexpired term. body composed of a Chairman and two commissioners. period is neither a fixed term nor an SEC. He proclamation controversies should be government is put in issue. 3 EURO-MED V. The they served for less than seven years. It has no their settlement the application of judgement been finally acted upon on the merits by the jurisdiction over contests relating to the and discretion sustained by extraneous proof. A disapproved ad SARMIENTO V. permanent in character by making it effective SEC. However. within the exclusive and original jurisdiction of General. (2) SEC. AUDITOR – The Auditor Commission on Appointments does not alter constitutional commissions do not serve General has no jurisdiction for unliquidated its permanent character. relating to the election. Claims for unliquidated damages require for A by-passed appointment is one that has not provincial. JACK JIMENEZ | MARK JOREL O. CALIDA . it is the HRET who is which is determined by arithmetic process. The phrase “without MISON V. Hence. the question can be considered again if the President construed as referring only to those falling involves judicial determination. an executive officer. BATANGAS – The scope of the COA’s interim appointments.When the liability or non-liability of the appointment by a by-passed appointee. An account is something which may be itself makes an ad interim appointment adjusted or liquidated by arithmetic process. COMELEC – Election cases authority to take cognizance of claims refers interim appointment cannot be revived by included pre-proclamation controversies. etc. disapproval is final. returns and qualifications of In such cases. Absent such decision. whether or not such person That power is lodged in the COA as a collegial constitutional requirement. even if the appointee has qualified into office. returns. The prohibition on reappointment does not apply to disapproved nor by-passed ad SEC.confirmed by the Commission on COA. and city officials. 2 Treasury officials cannot pass upon accounts until disapproved by the Commission on PANGILINAN V. and such other papers within reach interim appointment can be revived by a new en banc does not have authority to hear and of accounting officers. Congress. implementing rules and regulations promulgated by the COA. COA – A Manager of the Technical RAMOS V. Commission on Appointments at the close of election. common to act void ab initio because it was done SEC. Members of the House. BENIPAYO – An ad interim the three constitutional commissions. COMELEC – The COMELEC has where the amount is not the result of a Appointments or until the next adjournment of exclusive original jurisdiction over all contests numerical computation. COMELEC. more than satisfy the Appointments. Pre. and qualifications of all elective regional. claims. manager. The Constitution beyond the fixed term of seven years. and only to liquidated claims. The Auditor renews the appointment. 2 (1) fact that it is subject to confirmation by the insure that the members of the three PHILIPPINE OPERATIONS V. or those determined another ad interim appointment because the all such cases must first be heard and decided or readily determinable from vouchers. it is not merely an account the session of congress.by a Division of the COMELEC. a by-passed ad. was absolutely without authority. such decision is void ab initio. appointment is a permanent appointment intended by the framers to: (1) prevent a because it takes effect immediately and can second appointment for those who have been no longer be withdrawn by the President once previously appointed and confirmed. cannot assume this jurisdiction. When parties agree ad-interim appointment because there is no decide the same at the first instance. completes his term of office. lawyer. that the transactions are governed by final disapproval. such matters are ARTICLE IX-D An ad interim appointment that has lapsed by not within the usual area of expertise of most • COMMISSION ON AUDIT • inaction of the Commission on Appointments judges but are within the special competence does not constitute a term of office. Ratification cannot validate an The prohibition on reappointment. 1 (2) MATIBAG V. the President is free to renew the ad interim the sole judge of all such contests.
That is the purpose for the creation of such office. 8 BORJA V. SEC. (2) not supportive of POLITICAL LAW REVIEW DOCTRINES | ATTY. A recall election is an interruption in the continuity of service. Supervision is not incompatible with disciplinary authority. The President According to a COA Circular. the implementation of the objectives and mission of the agency. He serves as the necessary check to make certain that no department of the government exceeds the statutory limits of the appropriation. prevention and disallowance of irregular. but only to ensure that local affairs are payment of the proposed expenditure. extravagant. An involuntary Local autonomy means a more responsive and accountable local government structure instituted through a system of decentralization. there is a difference between the case of a vice mayor and a member of the house. Nowhere in the law does it appear that such a statutory grant of authority of the Auditor General to open revised accounts (in case of fraud. A recall election (even if subsequent to the third term). pass the test of prudence or the diligence of a good father of a family. or uses of government funds and properties. new and material evidence) carries with it the power to determine who may be constituted in the event that in the preparation thereof a crime has been committed. It is the responsibility of the Auditor General to exact obedience to any law that allows the expenditure of public funds. Since the administrative powers to political subdivisions. but because of legal prohibition. Nevertheless. such official cannot be considered to have fully served the term. The term is not a seamless continuation of the three previous terms. CALIDA . unnecessary has no power of control and cannot substitute expenditures are those: (1) which could not his own judgment. administered according to law. (3) incurrence of expenditure not dictated by the demands of good government. although it is a lesser power than altering.e. The vice mayor succeeds by operation of law. COMELEC – The prohibited election refers only to the next regular election for the same office. COMELEC – The purpose of this provision is to prevent a circumvention of the limitation on the number of terms an elective local official may serve. It does not usher a regime of NHA V. COA – The COA has the power to promulgate rules and regulations for the federalism. has delegated to the President the exercise of the power of removal. The President them is a ground for disapproving the exercises general supervision over them. not to a subsequent one. a representative is elected to fill the vacancy and in a real sense serves a term for which he was elected. The autonomous government is free to chart its own destiny and shape its future with minimum intervention from central authorities. On the other hand. certainly not the enforcement of criminal statutes. Private entities who handle government funds or subsidies in trust may be examined or audited in their handling of said funds by government auditors. It is not enough that an individual has served three consecutive terms. JACK JIMENEZ | MARK JOREL O. he must also have been elected to the same position for the same number of times before the disqualification can set it. from the government or the granting institution to submit to such audit as a condition of subsidy or equity. 4 GANZON V.P a g e | 18 by law. ARTICLE X • LOCAL GOVERNMENT • SEC. The prohibited election refers only to an immediate reelection. Congress. collusion. continues the service of the official by succession). particularly discipline. not because of voluntary renunciation. Investigating is not inconsistent with overseeing. That is why his service of an unexpired term is correctly counted as his first term. COA – The Constitution did not intend to deprive the legislature of all authority over municipal corporations. Supervision is overseeing or the power of an officer to see that subordinate officers perform their duties. directly or indirectly. TANTUICO – The Constitution provides that the COA shall have the power on post-audit basis over non-governmental entities receiving subsidy or equity. If he is not serving a term for which he was elected (i. or Decentralization Delegation by the central government of unconscionable expenditures. of administration – unnecessary. error of calculation. failure to comply with of managing local affairs. BLUE BAR V. excessive. (4) not essential or that which can be dispensed with without loss or damage to property. Decentralization of power – Abdication or handing over of political power in favor of LGUs declared to be autonomous. SOCRATES V. COA is responsible for the enforcement of the it relieves the central government the burden rules and regulations. is not covered by the prohibition. through the Local Government Code.
The Constitution does not require that the interruption should be a full term of three years. preventive suspension does not have the element of voluntariness that voluntary renunciation embodies. by its very nature is the exact opposite of voluntary renunciation. It is a temporary incapacity to render service during an unbroken term. it is involuntary and temporary. From this perspective. otherwise. The assumption of a councilor as vice mayor can in no way be considered a voluntary renunciation of office because it was by operation of law. The criteria in creating LGUs must be uniform and non-discriminatory. is income) must be strictly followed because recognized under our laws as having an such criteria are material in determining the “associative” relationship with the national government. COMELEC – The creation of any of the four LGUs (province. except in the indirect sense that he may have voluntarily committed the act that became the basis of the charge against him. The creation of the Local Government Code all the criteria ARMM and the grant of legislative powers to necessary for the creation of a city. the Constitution. Term limitation is triggered after an elective official has served his three terms in office without any break. Interruption of service occurs after there has been a break in the term. COMELEC – Preventive suspension involves protection of the service and of the people being served. municipality. The clear intent is that any interruption for any length of time. and prevents the office holder from temporarily exercising the power of his office. GOP – The concept of association is not recognized under Government Code and not in any other law. the political unit is divided or its boundary creation of provinces and cities is another substantially altered. there can be no fair and just distribution of the national taxes. or local legislative body cannot create or LEAGUE OF CITIES V. not the title to the office. (2) such creation must not conflict with the parent province is as much an area the Constitution. COMELEC – Succession in local government offices is by operation of law. No province.P a g e | 19 interruption occurred which broke the continuity of service. barangay) must comply with the following conditions: (1) the creation must follow the criteria fixed under the Local Government SEC. JACK JIMENEZ | MARK JOREL O. such exemption must be written in the Local PROVINCE OF NORTH COTABATO V. The Regional Assembly’s power that the creation of political subdivisions extends only to its regional territory. there is no and new districts can be created only through a national law passed by Congress. Congress its Regional Assembly did not divest Congress cannot write such criteria in any other law. is sufficient to break the continuity of service. MONTEBON V. COMELEC – The reapportion legislative districts for a national Constitution requires Congress to stipulate in legislature like Congress. boundaries of the parent province and the adverse economic effects it might suffer There is no provision in the Constitution that justify the participation of the inhabitants of conflicts with the delegation to regional the parent province in the plebiscite. and involves only the actual delivery of service. because it is imposed by operation of law. or The criteria (land area. not even the ARMM. city. However. The Local Government Code provides that if a permanent vacancy occurs in the office of the vice mayor. from the income requirement. It is legislative bodies of the power to create inaccurate to state that where an existing municipalities and barangays. population and municipality. boundary affected. To be valid. The best indicator of the suspended official’s continuity in office is the absence of a permanent replacement and the lack of the authority to appoint one since no vacancy exists. as long as the cause is involuntary. The concept implies powers that POLITICAL LAW REVIEW DOCTRINES | ATTY. COMELEC – The remaining portion of Code. The allowable number of membership of the In the absence of factual and legal basis for House of Representatives can be increased the creation of such new province. “just share” of LGUs in national taxes. Preventive suspension. SEMA V. (3) there must be a affected. does not involve a voluntary act on the part of the suspended official. non-discriminatory the Regional Assembly to create a national criteria found solely in the Local Government office is to allow its legislative powers to Code which does not contain any exemption operate outside its territorial jurisdiction. CALIDA . A preventive suspension is not a term interruption since the suspended official continues to stay in office although barred from exercising the functions of the office within the period. the high ranking Sanggunian member shall become vice mayor. only some and not all matter since the power to create a province or the voters in the whole unit suffers city inherently involves the power to create a dismemberment or substantial alteration of its legislative district. of its exclusive authority to create legislative The intention of the Constitution is to insure districts. city. Preventive suspension. ALDOVINO V. To allow follow the same uniform. A regional justification for holding another plebiscite. 10 TAN V. The substantial alteration on the plebiscite for the units affected.
with any on to it by the Committee because something Juridical Entity may be regarded as an offense which carries with it the penalty of prior to that has already been done. capacity to enter the Rules of Procedure authorizing the of Impeachment are prepared and transmitted into relations with other states. the other body can do it. Court are removed only by impeachment. Member of the House. They must first be removed. §20. or are other court. unreasonable to demand that he be first SEC. 3 impeached then convicted before he may be ROMULO V. However. the provision in the Constitution whole House which either affirms or overrides Bangsamoro Juridical entity as a state. (2) be changed criminally before the When the House deliberates on the resolution Assuming arguendo that the Bangsamoro Sandiganbayan. and consists of impeachment case extends only to the exercise of legislative powers. it would be arrive at a conclusion. DESIERTO – When impeachment President has that power). A conviction in the conduct impeachment proceedings. The one year pursuant to §20 ¶9 would not suffice. it is obvious that the 2/3 vote necessary for further processing (whatever the action of government. and then complaint may be accepted or referred to the the powers found in the MOA-AD must comply only may he be held liable either criminally or Committee on Justice for action more than with the other provisions of the Constitution administratively (including disbarment). CALIDA . Presidents are The provision in the Constitution requiring the (2) Processing of the complaint by the proper immune from suit during their period of concurrence of at least 2/3 votes of all committee of Justice (may reject or uphold the incumbency and tenure. defined dismissal of to the Senate) territory and permanent population). verified complaint is filed and referred to the X. by a vote of entity is a state in all but name as it meets the may be initiated by a vote of 1/5 of the 1/3 of all the members (if at least 1/3 of the criteria of a state laid down in the Montevideo members is not violated by the provision in members upholds the complaint. members for conviction is not violated by the complaint) provision in the Rules of Procedure authorizing SEC. a proceeding must be followed to was now functus officio. no due to the resignation of the President. disbarment during his incumbency. The Constitution does not contemplate any state IN RE: GONZALES – A public officer who under the The impeachment proceeding is not initiated: in this jurisdiction other than the Philippine Constitution is required to be a member of the (1) When the complaint is transmitted to the state. autonomous region. much less does it provide for a Philippine Bar as a qualification for the office Senate for trial because that is the end of the transitory status that aims to prepare any part held by him cannot be charged with House proceeding and the beginning of of the Philippine territory for independence. (i. The providing that an impeachment complaint the decision of the Committee. the committee) (4) Similar processing of the complaint by the It also implies the recognition of the Also. since liability. Members of the Supreme The proceeding is initiated or begins when a require an amendment that would expand Art. The judgment in an Batasan of the impeachment complaint is an in the Senate but in the House. The mere passage of a new law They are not entitled to immunity from Committee on Justice for action. the Articles Convention (government.P a g e | 20 go beyond anything ever granted by the of the Batasan since with such number of (3) Forwarding of the resolution to the house Constitution to any local or regional votes. Since the impeachment court • ACCOUNTABILITY OF PUBLIC OFFICERS • Senate. JACK JIMENEZ | MARK JOREL O. for once within the period of one year. Neither can the several steps: removal from office and disqualification to Supreme Court cannot compel the Batasan to (1) Filing of a verified complaint by either hold any other office. 7 the dismissal of the petition by a majority vote POLITICAL LAW REVIEW DOCTRINES | ATTY. YNIGUEZ – The dismissal by the The impeachment proceeding takes place not criminally prosecuted.e. or by a private citizen impeachment court is not a condition sine qua (endorsed by any Member of the House) non for criminal prosecution. He cannot another proceeding which is the trial. the MOA-AD would removal from office. but not beyond. for conviction can no longer be obtained. a law may not be passed granting the any wrong. HR – The House has exclusive proceedings have become moot and academic power to initiate all cases of impeachment. entity treaty-making powers since only the ESTRADA V. via the ban simply means that no second verified any new law that might vest in the said entity constitutional route of impeachment. FRANCISCO V. before a proper criminal cases may now be filed ARTICLE XI decision is made to initiate a case in the against him.
XII §2 ¶1). there must be no attempt assistance. CALIDA . the framers necessarily gave to impose a “minimum 60%” rule. it will be presumed to have been held in the same way from before the Spanish conquest. either technical or financial assistance” does not indicate the intent to exclude other modes The Constitution did not intend to fix an ironof assistance. There is no hint of desire in the clad rule of 60% share. or accessory of a public officer who has been charged with a crime that is “Full control and supervision” does not mean within the jurisdiction of the Sandiganbayan. They were going to permit service contracts with foreign corporations as contractors. In addition to the means of exploration. By and supervision over the exploitation of specifying such agreements involving mineral resources. accomplice. or to eradicate service contracts. SENR – Ancestral lands and ancestral domains are considered as private land. 5 sense as service contracts and used the terms POLITICAL LAW REVIEW DOCTRINES | ATTY. development and the utilization of mineral or petroleum resources (Art. that the State controls and supervises everything down to the smallest details and makes all required actions. interchangeably. Control • NATIONAL ECONOMY & PATRIMONY • must be taken to mean a degree of control sufficient to enable the State to regulate the SEC. since this would render impossible the legitimate exercise of the contractor of a reasonable degree of ARTICLE XII management prerogative in authority. It does not ipso facto convert the character of such natural resources as private property of the indigenous. Ownership by acquisitive prescription involves a conversion of the character of the property from alienable public land to private land. regardless of circumstances. should it so decide. the State does so in every case. MACALINO V. RAMOS – Agreements “involving deemed not desirable or beneficial. CRUZ V. applicable to all Constitution to prohibit foreign involvement in situations. and can investigate and prosecute cases only upon the Ombudsman’s authority and instruction. Through the imposition of certain requirement and conditions for the exploration. unjust. XII §2 ¶1. 2 conduct of affairs and restrain activities LA BUGAL V. It is not acquired from the State. which presupposes a transfer of title from State to a private person. SANDIGANBAYAN – The only instance when the Sandiganbayan has jurisdiction over a private individual is when the complaint charges him either as co-principal. any act or omission of a public official when such appears to be illegal. the State retains full control over such activities. whether done on smallscale basis or otherwise. To the management or operation of mining avoid compromising the State’s full control activities. technology and technical know-how and managerial expertise in the creation and operation of the large-scale mining/extractive enterprise) and the government as principal or owner (actively exercising full control and supervision). as an exception to the general norm established which reserves or limits to Filipino citizens and corporations at least 60% owned by such citizens the exploration. improper or inefficient. allow small-scale utilization of natural resources by its citizens. development and utilization of the country’s natural resources in Art. there has been no transfer of title from the State as the land has been regarded as private in character as far back as memory goes. It is implied assent to everything that these sufficient that the State has the power and agreements entailed or that could reasonably means. The Special Prosecutor (formerly Tanodbayan) is without authority to conduct preliminary investigations and to direct the filing of the criminal cases before the Sandiganbayan. The framers discussed agreements involving technical or financial assistance in the same SEC. “Private but community property” is merely descriptive of the indigenous people’s concept of ownership. A distinction must be made between ownership of land under native title and ownership of land by acquisitive prescription against the State. to get a 60% be deemed necessary to make them tenable share (or greater) and it is not necessary that and effective. JACK JIMENEZ | MARK JOREL O. and never to have been public land. SANDIGANBAYAN – It is the Ombudsman that has the duty to investigate on its own or on complaint by any person. Ownership by virtue of native title presupposes that the land has been held by its possessor and his predecessors-in-interest in the concept of owner since time immemorial. the Constitution itself states in ¶3 that Congress may. by law. but with safety measures to prevent abuses. development and utilization of the natural resources under existing laws. Such new service contracts are between foreign corporations acting as contractors (providing capital.P a g e | 21 ZALDIVAR V. The Regalian Theory does not negate native title to lands held in private ownership since time immemorial. and never to have been part of the public domain. The Special Prosecutor is merely a subordinate of the Ombudsman.
COMELEC – All broadcasting government. among procedures to determine who will manufacture it. it recognizes the need for business exchange with the rest of the world on the bases of equality and reciprocity and limits protection of Filipino enterprises only against foreign competition and trade practices that are unfair. A law creating a private whether by radio or by television stations is corporation with a special charter is licensed by the government. amendment. 12 amend the Constitution or to propose SEC. it just simply means that qualified Filipinos shall be preferred. 16 patrimony. services. The amendment of a franchise is not a taking of property without just compensation. at least a majority of its capital stock must be owned by the government. While the Constitution does not encourage the unlimited entry of foreign goods. GSIS – §10 is self executing. ARTICLE XVII • AMENDMENTS OR REVISIONS • SEC. The patrimony of the nation that should be conserved and developed refers not only to natural resources but also the cultural heritage of our race. Broadcasting companies do not own the airwaves and frequencies. 19 TAÑADA v. 4 GONZALES V. the Constitution did not intend to pursue an isolationist policy. 1 LAMBINO V. privileges. countervailing measures and safeguards against import surges. In other words. but as component elements of a constituent assembly. as well as the regulation of unmitigated monopolies. and rights covering national SEC. Where local §10 embodies the so-called Filipino First businesses are jeopardized by unfair foreign Policy. like altering the principle of separation of powers or the system of checks and balance. GORDON – The essential elements of a GOCC are ownership and control by the SEC. When exercising the same. it is a mandatory. the market system relies on the consumer to decide what and how much shall be produced. It requires the presence of not one. Senators and Representatives act. and in the case of a stock corporation. but several players. they are merely given the temporary privilege of using them. same time. The power to SEC. Angara – While the Constitution amendments thereto is part of the inherent indeed mandates a bias in favor of Filipino TATAD V. They are the POLITICAL LAW REVIEW DOCTRINES | ATTY. not as members of Congress. 11 TELEBAP V. it does not prohibit them either. The GATT itself has provided build-in protection from unfair foreign competition and trade practices including anti-dumping measures. A GOCC must be owned by the government. When acting as such. An initiative to change the Constitution applies only to an amendment and not to revision. Revision broadly implies a change that alters a basic principle in the Constitution. positive command which is complete in itself and which needs no further guidelines or implementing laws for its enforcement. CALIDA . In the case of a non-stock corporation. SOE – The desirability of competition powers of the people as the repository of goods. A franchise or unconstitutional. labor and enterprises. it may be reasonably burdened with the performance by the grantee of some public service.P a g e | 22 SEC. measures. it allows an exchange on the basis of equality and reciprocity. repeal by Congress when the common good so requires. It will not suffice that the GOCC was created by a special law. That means that Filipinos should be competition. 10 MANILA PRINCE HOTEL V. privileges and concessions covering national economy and patrimony. When the Constitution mandates that the grant of rights. restraint of trade and unfair competition. at the is the reason for the prohibition against sovereignty in a republican state. SEC. the Philippines can avail of these given preference in the grant of concessions. not just a few. alteration. the Sate shall give preference to Filipinos. Private corporations may any right granted shall be subject to exist only under a general law. In fact. and on competition. As a privilege. JACK JIMENEZ | MARK JOREL O. COMELEC – The two essential elements of an initiative are: (1) the people must sign the entire proposal and (2) the proposal must be embodied in a petition. COMELEC – The power to amend the Constitution or to propose amendments thereto is not included in the general grant of legislative powers to Congress. LIBAN V. the members of Congress derive their authority from the Constitution. These essential elements are present only if the full text of the proposed amendments is first shown to the people who express their assent by signing such proposal in a petition. by analogy at least a majority of the members must be government officials holding such membership by appointment or designation by the government. services and investments into the country. In a competitive economy.
The Constitution states “such amendments shall be valid as part of this Constitution when approved by a majority of the votes cast at an election at which the amendments are submitted to the people for their ratification. The circumstance that three previous amendments to the Constitution had been submitted to the people for ratification in special elections merely shows that Congress deemed it best to do so under the circumstances then obtaining. Once convened. such powers are coextensive only with the purpose for which the convention was called for and that the amendments it may propose cannot have any effect as part of the Constitution until the same are duly ratified by the people. COMELEC – The Courts may review the validity of an act of the Constitutional Convention. proposing a particular amendment to the Constitution. Nevertheless. However. be no multiple or piecemeal plebiscites.” Either Congress sitting as a constituent assembly or a convention called for the purposes may propose amendments to the Constitution. It necessarily follows that the acts of the convention. there can POLITICAL LAW REVIEW DOCTRINES | ATTY. JACK JIMENEZ | MARK JOREL O. but including the Constitution itself. only “an election. It does not negate its authority to submit proposed amendments for ratification in general elections. CALIDA .P a g e | 23 very source of all powers of government. its officers and members are not immune from attack on constitutional grounds.” There is nothing in the Constitution indicating that amendments thereto must be ratified in a special election. TOLENTINO V. the Constitutional Convention became endowed with extraordinary powers generally beyond the control of any department of the existing government. thus there is no limit as to the number of amendments that Congress or the Convention may propose.
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