What are the requirements under Sec. 14, Art.

VIII, of the Constitution

as regards the decisions of the courts. Would non-compliance nullify
the decisions?
The requirement that the decisions of courts must be in writing and that
they must set forth clearly and distinctly the facts and the law on which
they are based serves many functions. It is intended, among other
things, to inform the parties of the reason or reasons for the decision so
that if any of them appeals, he can point out to the appellate court the
findings of facts or the rulings on points of law with which he disagrees.
More than that, the requirement is an assurance to the parties that, in
reaching judgment, the judge did so through the processes of legal
reasoning. It is, thus, a safeguard against the impetuosity of the judge,
preventing him from deciding by ipse dixit.

Compliance with this requirement will sufficiently apprise the parties of

the various issues involved but more importantly will guide the court in
assessing whether the conclusion arrived at is consistent with the facts
and the law.

What is the Doctrine of “Operational Proximity” as enunciated in the

case of Neri v. Senate”? Discuss thoroughly the concept of “executive
privilege”.
The doctrine of "operational proximity" was laid down to limit the scope
of the presidential communications privilege.The privilege should apply
only to communications to and from members of an immediate advisors
staff who have broad and significant responsibility for investigation and
formulating the advice to be given the president.

Executive privilege is not a personal privilege, but one that adheres to

the Office of the President. It exists to protect public interest, not to
benefit a particular public official. Its purpose, among others, is to assure
that the nation will receive the benefit of candid, objective and
untrammeled communication and exchange of information between the
President and his/her advisers in the process of shaping or forming
policies and arriving at decisions in the exercise of the functions of the
Presidency under the Constitution.
What is “Executive Session”?

What is the doctrine of “executive immunity“? Can President Noynoy

Aquino avoid possible “plunder cases” that may be filed against him
after his tenure of office? Kindly illustrate by citing relevant
jurisprudence.
The rationale for the grant to the President of the privilege of immunity
from suit is to assure the exercise of presidential duties and functions
free from any hindrance or distraction, considering that being the Chief
Executive of the Government is a job that, aside from requiring all of the
office-holders time, also demands undivided attention.

In the case of Beltran v. Makasiar, this privilege of immunity from suit,

pertains to the President by virtue of the office and may be invoked only
by the holder of the office; not by any other person in the President’s
behalf. If the possible plunder cases is filed against President Noynoy
after his term of office, he cannot raise the presidential privilege as a
defense.

The Supreme Court under Art. VIII, Sec. 5(5) of the 1987 Constitution is
mandated to promulgate rules concerning the protection and
enforcement of constitutional rights. Kindly discuss the “extra-ordinary
remedies” in law initiated and promulgated by Former Chief Justice
Reynato Puno during his term of office, related to “extra-judicial
killings and enforced disappearances”. Distinguish the said remedies
from one another.
Reynato Puno declared the legal conception of the Philippine Writ of
Amparo and Habeas Data o solve the extensive Philippine extrajudicial
killings and forced disappearances

The petition for a Writ of Amparo is a remedy available to any person

whose right to life, liberty and security is violated or threatened with
violation by an unlawful act or omission of a public official or employee,
or of a private individual or entity. Writ of Amparo will bar military
officers in judicial proceedings to issue denial answers regarding
petitions on disappearances or extrajudicial executions, which were
legally permitted in Habeas corpus proceedings.
Habeas Data will not only compel military and government agents to
release information about the desaparecidos but require access to
military and police files.
What is “coercive jurisdiction”? Kindly illustrate
Section 16(2), Article VI of the 1987 Constitution provides that “a smaller
number” of congressmen (meaning less than a majority) “may adjourn
from day to day and may compel the attendance of absent Members in
such manner, and under such penalties, as such House may provide”.
This constitutional power or coercive jurisdiction of the “smaller
number” to compel the attendance of absent members was recognized
by the Supreme Court in Avelino vs Cuenco. Evidently, the exercise by
Congress of its power to penalize absenteeism among its members as
conferred by the Constitution may take the form of censure, reprimand,
fine or deprivation of salary and other perks or privileges for a
reasonable period.

Kindly differentiate “forbidden office” from “incompatible office”.

Discuss thoroughly with examples.
Forbidden office is one to which a member cannot be appointed even if
he is willing to give up his seat in the congress. An incompatible office is
a post that a member cannot accept unless he waives or forfeits his seat
in Congress.

No Senator or Member of the House of Representatives may hold any

other office or employment in the Government, or any subdivision,
agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term without
forfeiting his seat. Neither shall he be appointed to any office which may
have been created or the emoluments thereof increased during the term
for which he was elected. (Article VI, Section 13)

What are the limits to the appointing power of the President? Discuss
thoroughly.
Nepotism-The spouse and relatives by consanguinity or affinity within
the fourth civil degree of the President shall not, during his tenure, be
appointed as Members of the Constitutional Commissions, or the Office
of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.(Article VII, Section 13(2))

Midnight appointments-Two months immediately before the next

presidential elections and up to the end of his term, a President or
Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein
will prejudice public service or endanger public safety. (Article VII,
Section 15)

What are the qualifications for appointment to the Supreme Court?

How about the lower courts?
(1) No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born citizen of the
Philippines. A Member of the Supreme Court must be at least forty years
of age, and must have been for fifteen years or more, a judge of a lower
court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower

courts, but no person may be appointed judge thereof unless he is a
citizen of the Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence,
integrity, probity, and independence. (Article VIII, Section 7)

The Members of the Supreme Court and judges of the lower courts shall
be appointed by the President from a list of at least three nominees
prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
For the lower courts, the President shall issue the appointments within
ninety days from the submission of the list. (Article VIII, Section 9)

Distinguish “political question” from “justiciable question”. What is the

effect of the 1987 Constitution on this matter? Explain
comprehensively with cases.
In Tanada vs. Cuenco, The term political question It refers to those
questions which under the Constitution are to be decided by the people
on their sovereign capacity; or in regard to which full discretionary
authority has been delegated to the legislative or executive branch
of the government.’ It is concerned with issues dependent upon
The wisdom, not legality, of a particular measure.

In Casibang v. Aquino, A purely justiciable issue implies a given right,

legally demandable and enforceable, an act of omission violative of such
right, and a remedy granted and sanctioned by aw, for said breach of
right.
The political question doctrine can no longer apply as Article VII, Section
18 of the constitution authorizes The Supreme Court to review, in an
appropriate proceeding filed by any citizen, the sufficiency of the factual
basis of the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus

President Digong Duterte imposed Martial Law in Mindanao. Is the said

declaration valid? What are its effects? Why?