Bayanihan Act

- Wala na. until June 5 lang.

- Di naipass yung second bayanihan act.
- Sine die- indefinite yung resumption ng session, unless the President calls for special
session.
- Yung bayanihan act 2, di na ipasa.

Anti-Terrorism Bill

- The bill needs to be signed by the Senate President, Speaker of the House
- And send to the President for signature.
- Di dumaan sa bicameral conference.
- Yung senate version, inadopt in toto ng House of Representatives.
- Di pa pinipirmahan ni Senate President
- It empowers the members of the anti terrorism council to issue search warrant. The anti
terrorist council are not even judges (in violation of Section 2- Bill of rights)
- On mere suspicion, pwede kang arestushin.
- Art 125, you’ll have to release kapag di nafile sa judiciary yung case. This is in case of
warrantless arrest. Prof: but under this law, wala na yung time nay un. They will be
detained 14 days even if not judicially charged or even 24 days.
Case: Salazar vs. Achacoso
- The labor code was enacted under 1973 constitution which provides that not only the
judge can issue search warrant. (such other officers authorized by law). Ngayon, judge
na lang dapat.

Section 18, Art. 7 1987 consti

- During the suspension of the privilege of the writ of habeas corpus, any person thus
arrested or detained shall be judicially charged within three days, otherwise he shall be
released.
Prof: bakit sa anti terrorism bill, 24 days idedetained.

Supreme Court in Disini vs Secretary of Justice (2014)

Chilling effect: as that which "creates a tendency to intimidate the free
exercise of one's constitutional rights."

Tolentino vs. Sec. of Finance

- What constitute a public calamity or, that is a political question and therefore not
subject to review.

Options available to the President:

1. Sign
 2. Veto
3. If after 30 days upon receipt from the Congress and the President has not acted on it,
the bill becomes a law.

Enrolled bill na kapag may sign na ng Senate President, Speaker of the House and the
certification from respective secretaries that the bill has been duly executed.

Case: Astorga vs. Villegas

Pag enrolled bill na, it becomes conclusive upon the courts.

- Enrolled bill must prevail over journal.

- Enrolled Bill Doctrine.
- XPN:

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject
which shall be expressed in the title thereof. – one subject one title

3 readings on separate days

(2) No bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have been
distributed to its Members three days before its passage, except when the President
certifies to the necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and
the vote thereon shall be taken immediately thereafter, and the yeas and nays entered
in the Journal.

3 days before the scheduled, will have to be distrubeted before

XPN: except when the President certifies to the necessity of its immediate enactment to
meet a public calamity or emergency.
- Hence, basta nagissue si President ng certification na urgent, pwede ng ma do away sa 3
readings.
Tolentino vs. Secretary of Finace.
- The moment the president certifies to the urgency. It need not comply with the
requirements.

Veto power of the President

SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be
presented to the President. If he approves the same, he shall sign it; otherwise, he shall
veto it and return the same with his objections to the House where it originated, which
shall enter the objections at large in its Journal and proceed to reconsider it. If, after
such reconsideration, two-thirds of all the Members of such House shall agree to pass
the bill, it shall be sent, together with the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds of all the Members of that
House, it shall become a law. In all such cases, the votes of each House shall be
determined by yeas or nays, and the names of the Members voting for or against shall
be entered in its Journal. The President shall communicate his veto of any bill to the
House where it originated within thirty days after the date of receipt thereof; otherwise, it
shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to
which he does not object.

- 2/3 of the Senate and 2/3 of the House (kapag ni veto)

2 types of veto:

1. General veto – 1st par.

a. Rule: Either he (President) signs it in toto or veto in toto. Hindi pwede yung
selected veto. Case: Bingson vs. Drilon.
i. SC: the executive must veto a bill in its entirety or not at all. It is generally
or nothing.
XPN: The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or
items to which he does not object.

Ex: PDAF is integrated in GAP.

2. Item or line veto – 2nd par

ABS CBN – Gabby Lopez

- Meaning, even if only one of your parents is Filipino, Filipino ka.

- We are subscribed to Jus Sanguinis principle.
- Dual citizenship is not prohibited.
- Section 5. Dual allegiance of citizens is inimical to the national interest and shall
be dealt with by law.

Case: Mercado vs. Edu Manzano

SC: under US, he is an American citizen. Under phil, he is filipino.
Dual citizenship is involuntary. Dual allegiance, voluntary.