Checks and balances

The congress can still overpower the president’s veto

Power of appointment- the president has the power of the appointment in the judiciary

Bowsher vs. Synar

The congress can only remove a member of the executive branch through impeachment

Senate vs. Emita

“you have to have the approval of the president to attend the meeting”
Why is section 2b and 3 are void while 1 and 2 are valid?
Former- all public officials of 2b must secure
They are unconstitutional becasue they are not in consistent with the section 21 and 22 of the
constitution. Power of inquiry is inherent, it is unlimited. It cannot be stopped the power of inquiry in
aid of legislation. The court said: the exception to it is executive privilege what is this in this case?
Section 22: the question hour of congress an excericse of oversight. The only time the president can
require the attendance of the committee hearing. It is not mandatory for officials to appear the
hearing unless there is the approval of the president
Take note: only the president can only raise the executive privilege, not his officials

Non-delegation of powers
GR: applies the law making power of congress only
Exceptions:
1. tarriff powers of
2. Emergency power to the president
3. Delegation to the people
4. Delegation to local members
5. Delegation to administrative bodies

Phil. Interisland shipping vs ca

the rate fixing can be made my the administrative and can be overpowered
Not administrative power. PPA should comply with EO 1088 because it was by virtue by the PD 857
issued by the president that created PPA

People vs. Vera

Why is the that the SC declared section 11 of act 4221 unconstitutional

Emergency power
First emergency power
Gave the president the emergency power because the congress cannot convene because of the war.
Art 6 of constitution limits the emergency power.
Commonwealth act 671 does not fix the term of its duration of effectiveness but Commonwealth act
671 ceased when the congress was able to meet.
SC To create another law to repeal it will create an anomalous situation

Second emergency power

Suspention of the writ of habeas corpus was valid because of the chaotic sitatuon

Test of valid delegation

Ynot vs. Iac
Completeness test
Sufficient standard test

De la llama vs. alba

Did bp i29 collide with the time honored principle of the judiciary
Was its passage an undue violation of the separation of powers?
When can abolition of an office be considered as valid?
Legislative standard need not be expressed
Hirabayashi vs. Us
Chiongbian vs. Orbos
Legistlative standards may not be expressed, it may be implied

CONSTITUTION AND CONSTITUTIONAL LAW

ORGANIC LAW, CREATED BY THE POEPLE

Ratification
Javellana vs. Executive secretary

Constitutional construction
Perfecto vs meer
There must be no dimunition of income tax while he is still in the position

Endencia vs david
Difference

Nitafan vs cir
The prevailing constitution is 1987.

SELF EXCECUTING PROVISION

Manila prince hotel vs. Gsis
Self executing provision does not need additional legislation
One may be self executing, the other may be not

DECLARATION OF MARTIAL LAW

Aquino vs enrile

Doctrine of proper submission- all amendments must be submitted into one law