SAN BEDA UNIVERSITY J) COLLEGE OF LAW Centralized Bar Operations Political and International taw Labor Law and Social Legislation cals Taxation Law A Reviewer-based.on. the 2019 Supreme Court Bar Exam Syllab CLT a Sat)CHERISH KIM B. FERRER Subject Chair CHARLOTIE VINA S. CASINILLO Assistant Subject Chair ROEN G. MECANO Subject Electronic Data Processing SUBJECT HEADS Constitution Law I Constitution Law IT Administrative Law Law on Public Corporation Election Law . Law on Public Officers Public International Law CHRISTIAN S. TADURAN PATRICK RAY B. BALISI ~ LEONORE MAE P. DEGOLLADO J.EONORE MAE P. DEGOLLADO VOLTAIRE P. SOMERA VOLTAIRE P. SOMERA GERANI D. MALIJAN SUBJECT MEMBERS AARON FRANZ SP. AURELIO FRANCIS ARTHUR A. CORPUZ ~-MARIA KATRINA L. DATUIN JOHN LORENCE N. DE MESA MARIA ERICA L, DELA CRUZ, + -FRANCES CAMILLE A. FRANCISCO FERDINAND ELBERT D. JOMILLA JR. REGINA PURITA B. LAVARIAS JAIME NIKOLAI K. PAGGAO MARIA YSABELLA B. PALAMOS KRISTINE JOANNE T. SAGMON ELLAINE ROSE S. TAN MAYRELL T. TAN ADVISERS Atty. ADONIS V. GABRIEL ‘Comm. RENE V. SARMIENTO Atty. ROWELL D. ILAGAN Atty. ANTONIO EDUARDO S. NACHURA, JR.VOL 1. ifr 2019 POLITICAL AND INTERNATIONAL LAW 1, PRELIMINARY PROVISIONS AND BASIC CONCEPTS A. NATIONAL TERRITORY Q: What are included in ihe national territory of the Philippines? ANS: The national territory of the Philippines includes the follewing: The Philippine archipelago, with all the islands and waters embraced therei “AI other ries over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains: 3. Its territorial sea, the seabed, the subsoil, the insular shelves, and other subinarine areas; and The waters around, between, and connetting the istands of the archipelago, vegardless of their breadth and dimensions, which form part of the intemal waters of the Philippines (CONSTITUTION, Art. i} [hereinafter, CONST ]. no a Q: What is the archipelago doctrine? ANS: The walers around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the. internal waters of the Philippines (CONST., Art. |, Sec. 1, second sentence). Under this doctrine. a straich basetine is drawn by connecting the outermost points of the archipelago and consider all ihe waters enclosed thereby as internal waters (CRUZ, Philippine Political Law, (2014), ° p. 24} fnereinafter CRUZ, Philiopine Political Law]. - Q: By dropping the phrase “belonging to the Philippines by historic right or lega! title”, did the Constitution in effect drop the Philippine claim to Sabah? ANS: No. The clause neither claims nor disclaims Sabeh. It has, however, avoided the use of language historically offensive, to Malaysia and has used instead the clause “over wihieh the Philippines has sovereignty or jurisdiction.” The formula is recegnition of the fact that unilateral assertions in a constitution, which is municipal law, by themselves, do not establish an international right to a_territory (BERNAS, The 1987 Philippine Constitution: A Comprehensive Reviewer, (2011), p. 5) [hereinafter BERNAS, Philippine Constitution Reviewer]. Q: By entering into UNCLOS, and by enacting the baseline law, did the Philippines lose territory? ANS: No, UNCLOS IIl nas nothing to do with the acquisition (or loss) of territory. It is a muifilateral treaty regulating, ameng others, sea-use rights over maritime zones (1.e.. the territorial waters [12 nautical miles from the Laselines). contiguous zone [24 nautical miles from the baselines), exclusive economic zone [200 nautical miles from the baselines]}, and continental shelves that UNCLOS II celimits. On the other hand, baselines laws such as RA 9522 are enacted by UNCLOS Ill States parties to mark-out specific basepoints along their coasts from which baselines are drawn, either straight or contoured, to serve as geographic starting points to measure he breadth of the maritime zones and continental shelf. Thus, baselines laws are nothing but statutory mechanisms for UNCLOS Ill States parties to delimit with precision the extent of their maritime zones and continental shelves. In turn, this gives notice to the rest of the intemational community of the scope of the maritime space and 2submarine areas within which States parties exercise trealy-based rights, namely, the exercise of sovereignty over territorial waters (Article 2), the jurisdiction to enforce customs, fiscal, immigration, and sanitation laws in the contiguous zone (Article 33), and the right to exploit the living and non-living resources in the exclusive economic zone (Article 56) and continental shelf (Article 77) (Magaifona v, Ermita, G.R. No. 187167. August 16, 201%). B. DECLARATION OF PRINCIPLES AND STATE POLICIES Q: What is the function of the “Declaration of Principles and State Policies” in the Constitution? ANS: The “Declaration of Principies and Stale Policies is a statement of the basic ideological principles and policies that underlie the Constitution. As such, the provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for ail departments of the government in the implementation of the Constitution (BERNAS, Philippine Constitution Reviewer, supra at 8). : What is the nature of the Philippine State? ANS: The Philippines is a democralic and republican slate. Sovereignty resides in the people and all government authority emanatés from them (CONST., Art. I, Sec. 1), Itis: 1. Democratic as it is a participatory democracy, and contemplates instances where the people would act directly and not always through their representatives (Tolentino v. COMELEO, G.R. No, 148534, January 21, 2004) and 2. Republican as itis 2 representative government ru by and for the people, its essence is representation and renovation (CRUZ, Philippine Political Law, supra at 90). Q: What is the foreign policy of the Philippines? . ANS: The State shall pursue an independent foreign poticy. In its relations with other states, the paramount consideration shal! be national sovereignty, territorial integrity, national interest, and the right to self-determination (CONST, Art. l, Sec. 7) Q: Does independent foreign policy require the Philippines to be isolated from the rest of the world? ANS: No, The Constitution did not envision a henmit-type isolation of the country from the rest of the world. In its Declaration of Principles and State Policies, the Constitution “adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity, with all nations." By the doctrine of incorporation, the country is bound by generally accepted principles of internationat law, which are considered tobe automatically part of our own laws (Taflada v. Angara, G.R. No. 118295, May 2, 1997). Q: May the Philippines declare war? ANS: No. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice. freedam, cooperation, and amity with all nations (CONST. Ait. Hl, Sec. 2), However, it is to be noted that this provision speaks of an offensive war, not of a defensive war, as it authorizes ihe declaration of the existence of a state of war (CONST., Art. Vi, Sec. 22}. Such defensive war is presumably commenced or provoked by the enemy state (CRUZ, Philippine Political Law, supra at 101) Q: What is civilian supremacy and what is its basis? ANS: Civilian supremacy means that civilian authority is, at all times, supreme over the military (CONST., Art. 1, Sec. 3), The principle is based on the fact thal "sovereignty resides in the paople anc all government authcrily emanates from them" (CONST., Art. Hi, Sec. i).YOL1. 2019 Itis ensured by: 1, The installation of the President, the highest civilian authority, as the commander-in-chief of all the armed forces of the Philippines (CONST., Art. Vil, Sec. 18); 2. The requirement that members of the AFP swear to uphold and defend the Constitution, which is the fundamental law of the civit government (CONST., Ait. XVI Sec. 5, par. (1)). Q: Are members of the Armed Forces of the Philippines (AFP), triable by regular courts? ANS: Yes, Section 1 of R.A. No. 7055 lays down the general rule that members of the AFP and other persons subject to military law, including members of the Citizens Armed Forces Geographical Units (CAFGU), who commit crimes or offenses penalized under the Revised Penal Code (like coup a’éia!), other special penal laws, or local ordinances, shall be tried by the proper civil court. The exception is where the civil court, before arraignment, has determined the offense to be service-connected, then the offending soldier shail be tried by a court martial. The exception to the exception is where the President of the Philippines, in the interest of justice, directs before arraignment that eny such crimes or offenses be tried by the proper civil court (Gonzales v. Abaya, G.R, No. 164007, August 10, 2006) Q: What is the role of the AEP? ANS: The AFP is the protector of the people and the State. It8 goal is to secure the sovereignty of the State and the integrity of the national territory (CONST., Art Il, Sec, 3). Q: What is the prime duty of the Government? ANS: The prime duty of the Government is to serve and protect the people. For this purpose, the Gavernment may call upon the people to defend the State and, in the fulfilment thereof, all citizens may be required, under conditions provided by law, to render personal military, or civil service (CONST., Art. Il, Sec. 4). Note: The duly of the government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty of the Government excusable should there be no sufficient men who would volunteer to enlist therein (People v.Lagman, G.R. No. L-45892, July 13, 1938), Q: Discuss the doctrine of separation of Church and State and its consequences. ANS: The separation of Church and State shall be inviolable (CONST., Art. Il, Sec. 6), Under our constitutional scheme, it is not the task of the State to favor any religion by protecting it against an attack by another religion. Vis-d-vis religious differences, the Slate enjoys ne banquet of ontinns {iglesia ni Cristo v. Court of Appeals, G.R. No. 119672, July 26, 1996). (Please rafer lo the discussion an Freedum of Religion under Constitutional Lew 2) Q: Discuss the State's independent foreign policy and freedom from nuclear weapons. ANS: The constitutional policy of a self-reliant and independent national economy does not necessarily rule out the entry of foreign investments, goods and services. It contemplates neither economic seclusion nor mendicancy in the international community (Tafiada v. Angara, G.R. No. 118295, May 2. 1997). However, there is a marked antipathy in the Constitution towards foreign military presence in the country, orDAN RED BOO of foreign influence in general (Lim v. Executive Secretary, 6.R. No. 161445, April 11, 2002). Moreover, the Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory (CONST., Art. Il, Sec. 8), Q: What is the policy of the State on human rights? ANS: “The State values the dignity of every human person and guarantees full respect for human rights (CONSTI. Art. fl, Sec. 11). As the government is the chief guarantor of order and security, the Constitutional guarantee of the rights to life, liberty and security of person is rendered inefiective if the government does not afford protection to these rights especially when they are under threat (Razon v. Tagitis, G.R. No. 182498, December 3, 2009). Q: Does the Constitution allow abortion? ANS: No. The Constitution affords protection to the unborn from conception. The clear and unequivocal intent of the framers of the 1987 Constitution in protecting the life of the unborn from conception was to prevent’ the Legislature from enacting a measure legalizing abortion. The intention . . . is to make sure that there would be no pro-abortion taws ever passed by Congress or any pro-abortion decision passed by the Supreme Court. Note: A reading of the RH Law would show that it is in line with this intent and actually proscribes abortion. While the Court has opted not to make any determination, at this, slage, when life begins, it finds that the RH Law itself clearly mandates that protection be afforded from the moment of fertilization. Moreover, the RH Law recognizes that atortion is a crime under Article 256 of the Revised Penal Code, which penalizes the destruction or expulsion of. the fertitized ovum (Spouses, Imbong v. Ochoa, Jr, G.R. Nos. 204819, 204934, 204957, 204986, 205003, 205043, 205138, 205478, 205491, 205720, 206355, 207111, 207172 & 207563, April 8, 2014). Q: What is the policy of the State on local autonomy? ANS: The Slate shall ensure the autonomy of local governments (CONST., Art. 1l, Sec. 25). The territorial and political subdivisions shall enjoy local autonomy (CONST., Art, X, Sec. 3). The above-quoted provisions of the Constitution and the LGC reveal the policy of the State to empower locai government units (LGUs) to develop and ultimately, become self-sustaining and effective contributors to the national economy (Belgica v. Ochoa, G.R. No. 208566, November 19, 2073). Q: Is there a constitutional right to a balanced and healthful ecology? ANS: Yes. While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Ric*ts, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Such a right belongs to a different category of rights altogether for it concerns nothing less than sell-preservation and self-perpetuation — aptly anc fittingly stressed by the petitioners — the advancement cf which may even be said to predate all governments and constitutions. As a matter of fact, these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. If they are now explicitly mentioned in the fundamental charter, itis because of the well-founded jear of its framers that unless the rights to a balanced and healthful ecology and to health are mandated as state policies by the Constitution itself, thereby highlighting their continuing importance and impesing upon the state a solemn obligation to preserve the first and protect and advance the second, the day would not be too far when all else would be lost not only for the present generation, but also for those to come — generations which stand to inherit nothing but parched earth incapable of sustaining life (Oposa v. Factoran, Jr., G.R. No. 101083, July 30, 1993)BEDAN RED BOOK 2055 Q: What is the policy of the State on access to public service? ANS: The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by faw (CONST., Art il, Sec. 26). Note: This provision does not contain a judicially enforceable constitutional right and merely specifies a guideline for legislative action. It is not intended to compel the State to enact positive measures that would accommodate as many as possible into public office. The privilege may be subjected to limitations such as the provision of the Omnibus Siection Code (OEC) on nuisance candidates (Pamatong v. COMELEC, G.R. No. 161872, April 13, 2004). ‘Q: What is the policy of the State on disclosure of matters of public interest? ANS: Subject to reaonable conditions prescribed by law, the State adopts and impiements a policy of full public disclosure of all its transactions involving public interest (CONST.. Art. Il, Sec. 28). Note: Article Il, Section 28 of the Constitution recognizes the duty of officialdom to give information even if nobody demands. This provision is essential to hold public officials accountable to the paople. The absence of an implementing legisiation is not an excuse in not effecting such policy {The Province of North Cotabato et al. v. The Government of the Republic of ihe Philippines Peace Panel on Ancestral Domain, et al., G.R. Nos. 183591, 183752, 183893 and 183951, October 14, 2008). C. SEPARATION OF POWERS: Q: Discuss the separation of powers. ANS: The principle of separation of powers refers to the conslititional demarcation of the three fundamental powers of government. To the législative branch of government, through Congress, belongs the power to make laws: to the. executive branch of government, through the President, belongs the power to enforce laws; and to the judicial branch of government, through the Court, beiongs the power to interpret laws. Because the three great powers have been, by constitutional design, ordained in this respect, “each department of the government has exclusive cognizance of matlers within ts jurisdiction, and is supreme within its own sphere” (Belgica v. Ochoa, G.R. No. 208568, November 19, 2013) Q: What is the purpose of separation of powers? ANS: The principle of separation of powers and its concepts of autonomy and independence stem from the notion that the powers of government must be divided to avoid concentration of these powers in any.one branch; the division, it is hopes avoid any single branch from lording its power over the clher branches or the ci (Belgica v. Ochoa, supra), ; When is there a violation of separation of powers? ANS: Broadly speaking, there is a violation of the separation of powers principle when ‘one branch of government unduly encroaches on the domain of another. US Supreme Court decisions instruct that the principle of scparation of powers may be violated in two (2) ways: 1 Firstly. “one branch may interfere impermissibly with the other's performance of its constitutionally assigned function”, and 2. Alternatively. "Ihe doctrine may be violated when one branch assumes a furction that more properly is entrusted to another.” In other words, there is violation of the principle when there is impermissible (a) interference with and/or (b) assumption of another department's functions (Belgica v. Ochoa, supra)aye aS 32 D. CHECKS AND BALANCES: Q: What is the principle of checks and balances? ANS: This is a mechanism by which one department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments (NACHURA, Outline Reviewer in Political Law (2016), p. 97) {hereinafter NACHURA). Q: What is the principle of the blending of powers? ANS: These are instances when powers are not confined exclusively within one department but are assigned to or shared by several departments (NACHURA, supra at 97). Itis often necessary for certain powers to be reposed in more than one department, so that they may better collaborate with and, in the process, check each other for the public good (CRUZ, Philippine Political Law, supra at 135). £. STATE IMMUNITY Q: Discuss the principle of state immunity. ANS: The State may not be sued without its consent (CONST., Art. XVI, See. 3). The rationale behinc this is that there can be no legal right against the authority which makes the law on which the right depends (Department of Health v. Phil Pharmawealth, G.R. No. 182358, February 20, 2013}. Q: What is the sociological basis of state immunity? ANS: Practical considerations dictate the establishment of an immunity from suit in favor of the State. Otherwise, and the State is stiable at the instarice of every other individual, government service may be severely obstructed and publi¢ safety endangered because of the number of suits that the State has to defend acainst. Several justifications have been offered to support the adoption of thé doctrine in ine Philippines, but thal offered in Providence Washington Insurance Co. v. ‘Republic of.the Philippines is “the most acceptable explanation,” according to Father Bernas, a. recognized commentator on Constitutional Law, to wit: A continued adherence to the doctrine of non-suabilty is not to be deplored for as against the inconvenience that may-be caused private parties. the loss of governmental efficiency and the obstacle to the performance of its mulifarious functions are far greater if such a fundamental principle were abandoned and the availability of judicial remedy were not thus restricted. With the well-known propensity on the part of our people to go to court, at the least provocation, the loss of time and energy required to defend against law suits, in the absence of such a basic principle that constitutes such an effective obstacle, could very well be imagined. (Air Transportation Office v. Spouses Ramos, G.R. No. 159402, February 23, 2011). Q: May this principle be invoked by other states? ANS: Yes. Immunity is enjoyed by all States as such, consonant with the public international law principle par in parem non habet imperium that all states are sovereign equals and cannot assert jurisdiction over one another (Minucher v. CA, GR. No 142396, February 11, 2013). The head of State, who is decmed the personification of the State, is inviolable, and thus enjoys immunity from suit (NACHURA. supra at 47). Q: What determines if the suit is against the state? ANS: The suit is regarded as one against the state where satisfaction of the judgment against the officials will require the state itself to perform a positive act, such as the appropriation of the amount necessary to pay the damages awarded against them (Department of Health v. Phil Pharmaweatth, G.R. No. 169304, March 13, 2007).Q: May there be a waiver of state immunity? Explain. ANS: Yes. The Constitution provides that the Stale may not be sued without its consent (CONST., Art. XVI, Sec. 3). In order that @ suit may lie against the State, it must give its consent, whether express or implied (Department of Transportation and Communications v. Spouses Abecina, G.R. No. 206484, June 29, 2076). Q: How may the State give its express consent to be sued? ANS: Express consent may be made through a general law or a special law. In this jurisdiction, a general law waiving the immunity of the state from certain suits is found in ‘Act No, 3083, where the Philippine government “consents and submits to be sued upon any money claim invelving liability arising from contract, express or implied, which could serve as a basis of civil action between privale parties” (Republic v. NLRC, G.R. No. 420385. October 17, 1996). Q: How may the State give its implied consent to be sued? ANS: The State may impliedly give its consent to be sued: (PBS!) 1. When the State enters into a Private contract, unless the contract is only incidental to the performance of a government function. This concept of restrictive theary holds that the immunity of the sovereign is recognized only with regard to public acts or acts jure imperil, but not with regard to private acts or acts jure gestionis (Republic of Indonesia v. Vinzon, G.R. No. 154705, June 26, 2003). 2. When ihe State enters into an operation .that is essentially a Business operation, unless the business operation is only incidental to the performance of a governmental function, as for instance, arrastre service (Mobil Philippines v, Customs Arrastre Service, G.R. No. L-23139, December 17, 196% 3. When the state Sues a private party, unless the suit is-entesed into only to resist d claim (Lim v. Brownell, G.R-o. L-8587, March 24, 1960}; and 4. When the application’ of the doctrine of stale immunity would serve as an instrument for perpetrating an Injustice to a citizen, as when the State enters and takes possession of a private property without just.compensation and without first initiating regular expropriation proceedings (Department of Transportation and Communications v. Spouses Abecina, supra). Q: What is the scope of the consent that may be given by the State? ANS: Where the State gives its consent to be sued. by private parties either by general * or special law, it may limit the action only up to the completion of proceedings ante-ior to the stage of execution and that the power of courts ends wien the judgment is rendered, since government funds and properties may not be seized under writs of execution or gamishment to satisfy such judgments. Disbursements of public funds musi be covered by the corresponding appropriation as required by law (Republic v. Villasor, G.R. No. L-30677, November 28, 1972) Q: De government-owned or -controlied corporations atso enjoy the immunity of the State from suit? ANS: No. A government owned and controled corporation has a personality of its own, distinct and separate [rom that of the Government (Rayo v. Court of First Instance of Bulacan, G.R, No, L-55273-83, December 19, 1981). Q: Are government agencies entitled to immunity? ANS: It depends if the agency is incorporated, the test of its suabifity is found in its charter. The rule is that itis suable if its charter says so, and this is true regardless of the functions it is performing (CRUZ. Philippine Political Law, supra at 71). However, if the charter is silent, one must inquire into its function based on the purpose for which it was created (Maiong v. PNR, G.R, No. L-49930, August 7, 1985). 8On the other hand, if it is unincorporated, then it nas no separate juridical personality, Hence, as a general rule, suits filed against it are necessarily actions against the state of which it is part (Philippine Rock Industries, inc. v, Board of Liquidators, G.R. No. 84992 December 15, 1989). However, the need to distinguish between an unincorporated government agency performing governmental function and one performing proprietary functions has arisen. The immunity has been upheld in favor of the former because its function is governmental or incidental to such function: it has net been upheld in favor of the Jatter whose function was rot in pursuit of a necessary function of government but was essentially a business (Air Transportation Office v. Spouses. David, G.R. No. 159402, February 23, 2011). Q: Is there an exception to the rule on prohibition of garnishment of public funds? ANS: Yes. If the funds belong to a public corporation cr a government-owned or controlled corporation which is clothed with a personality of its own, separate and distinct from that of the government, then its funds are not exernpt from garnishment. This is so because when the government enters into commercial business, it abandons its sovereign capacity and is to be treated like any other corporation (National Housing Authority v. Heirs of Isidro Guivelondo, G.R:No. 154411, June 19, 2003). Note: Before levy on execution may proceed, a claim for payment of the judament award must first be filed with the Commission on Audit, which has the primary jurisdiction to examine, audit, and settle “all debts and claims of any sort” due from or owing the Government or any of its subdivisions,” agencies, and instrumentaiities, including GOCCs (Agra v. Commission on Audit, G.R. No. 167807, December 6,,2011). Q: May a court direct the garnishment of funds appropriated to a State university to satisfy the unpaid balance of a construction project on the ground that the funds had already been earmarked for the construction project? ANS: No. A special appropriation by Congress is required, before the judgment tendering UP liable for damages would be satisfied, considering that such monetary liabilities were not covered by the “appropriations earmarked for the said project”. The Constitution strictly mandates that “no money shalll be paid out of the Treasury except in pursuance of an appropriation made by law" (University of the Philippines v, Dizon, G.R. No. 171182, August 23, 2012). i. LEGISLATIVE DEPARTMENT ALEGISLATIVE POWER Scope ond Limitations Q: Discuss the scope of legislative power. ANS: Legislative power is the power to propose, enact, amend, and repeal statutes (BERNAS, The 1987 Philippine Constitution: A Commentary, (2009), p. 576) {hereinafter BERNAS, Commentary an 1987 Philippine Constitution). It is vested in the Congress of the Philippines, which shall consist of @ Senate and a House of Representatives, except to the extent reserved to the people by the provisions on initiative and referendum (CONST, Art. VI, Sec. 1) Q: What are the limitations of legislative power? ANS: Legislative power is subject to 1. Substantive limitations - which involve the exercise of the power itself and the allowable subjects of legislation: and 2, Procedural limitations - which specify the manner of passing laws (BERNAS, Commentary on 1987 Philippine Constitution, supra at 679). 9Q: What are some of the substa ANS: TI 1 10. W. 12. 13. BEDAN RED BOOK YOLt. 2019 limitations? he following are the substantive limitations under the Constitution: No law shall be passed abridging the ireedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for rediess of grievances (CONST., Art. Ill, Sec. 4). No law shall be made respecting an establishment of religion, of prohibiting the free exercise thereof (CONST., Art. If, Sen. 5}. No law impairing the obligation of contracts shall be passed (CONST., Art. Jl, Sec, 10). No ex post facto law or bili of attainder shall be enacted (CONST., Art. Il, Sec. 22), No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations. law.for their respective offices from savings in other items of their respective appropriations (CONST. Art. Vi, Sec. 25(8)) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular apptopriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates (CONST., Art. Vi, Sec. 25 (2)). Prohibition against use of public money or property for religious purposes (CONST., Art-Vi, Sec. 29(2)). No law granting any tax exemption shall be passed without the concurrence of ‘a majority of all the Members of the Congress (CONST., Art. Vi, Sec. 28(4)). ‘All money collected on any tax levied for a special purpose shall be treated as a special. fund and paid out for such purpose only (CONST., Art.VI, Seo. 29(3)), ” Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques. non-profit cemeteries, and all lands, buildings, and improvements used for religious, charitable, or educational purposes shall be exempt from taxalion (CONST., Art. Vi, Sec. 28(3)}. All revenues and assets of nan-stock. non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties (CONST., Art. XIV, Sec. 4(3)). No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence {CONST,, Art, Vi, Sec. 30). “ No faw granting a title of royally or nobility shall be enacted (CONST., Art.VI, Sec. 31). Q: What are the procedural limitations? ANS: he following are the procedural limitations under the Constitution: Every bill passed by the Congress shall embrace only one subject, which shall be expressed in the tille thereof (CONST.. Art. VI, Sec. 26(1)) No bill passed by either House shail become a law unless il has passed three (3) readings on separate days, and printed copies therea! in its final form have been distributed to its Members three days before its passage, excepl when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency (CONST., Art. VI, Sec, 26(2)). A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the Nationat Treasurer, or to be raised by corresponding revenue proposed therein (CONST., Art, VI, Sec. 25(4)) All appropriation, revenue oF tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the 10BEDAN REDBOOK fu House of Representatives, but the Senale may propose or concur with amendments (CONST., Art. Vi, Sec. 24) Principle of Non-Delegability: Exceptions Q: What is the rule on delegation of powers? ANS: The general rule is polestas delegata non delegari potest (power detegated cannot further be delegated). This is based on the ethical principle that delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another (NACHURA, supra at 101) Q: When is delegation of powers permissible? ANS: There is permissible delegation in the following cases: (PETAL) 4. Delegation to the People at large, examples are: a. System of initiative and referendum (CONST, Art. Vi, Sec. 32 and The Iniative and Referendum Act (R.A. 6735); and b. Requirement of plebiscite in the creation, division, merger, and abolition of LGUs (CONST., Art. X, Sec. 10); 2. Emergency Powers of the President (CONST,, Art, VI Sec. 23(2)): 3. Tariff Powars of ihe President (CONST., Art. VI. Sec. 28(2)). 4, Delegation to Administrative Bodies (power of subordinale iegislation); and 5. Delegation to Local Government Units (CRUZ, Philippine Political Law, supra at 172). Q: What are the tests for valid delegation? ee ANS: The tests for valid delegation are 1. Completeness test — the lav is complete wherrit sets forth & to be executed, carried out, o; iniplemented by the délegate; and _ 2. Sufficient standard test — to be sufficient, the standard must specify the limits of the defegate’s authority ard identity the conditions“ under which the legislative policy so announced is to be implemented (Abakada Guro Partylist v. Purisima, G.8. Ne. 166715, August 14, 2008) B HOUSES OF CONGRESS: COMPOSITION AND QUALIFICATIONS OF MEMBERS Senate : : Q: What is the composition of the Senate of the Philippines? ANS: The Senate shall be composed of 24 Sena‘ors who shall be elected at large by the qualified voters of the Philippines, as may be provided by law (CONST., Art. Vi, Sec. 2) Q: What are the quatifications of a Senator? ANS: The following are the qualifications of a senator: (N35-RAW-VR2) Natural-born citizen of the Philippines; At least 35 years of age on the day of the election: Able to Read And Write; Registered Voter: and Resident of the Philippines for not tess than 2 years immediately preceding the day of the election (CONST., Art. VI. Sec. 3). Ween Q: How long is a Senator's term of office? ANS: The term of office of the Senators shall be six (6) years and shall commence, unless otherwise provided by law, at noon on the 30th day of June next following their election. No Senator shall serve for more than two (2) consecutive terms. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected (CONST. Art. VI See. 4) W em [fel iBEDAN RED BOOK feu House of Representatives District Representatives and Questions of Apportionment Q: What is the prescribed composition of the House of Representatives (HOR)? ANS: The House of Representatives shall be composed of not more than 250 members unless otherwise fixed by law, consisting of 1, District Representatives - not ‘ess than 200 members, elected from legisiative districts apportioned amorg the provinces, cities and the Metropolitan Manila area (CONST. Art.Vi, Sec. 5, par. (1)); Party-list Representatives - shall constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties of organizations (R.A. No. 7941, or The Party- List System Act). 3, Sectoral Representatives - For three consecutive terms alter the ratification of tiis Constitution, one-half of the seats allocated to party-list representatives shall be filed, as provided by.law,,by sclection or election from the labor, peasant, urban poor, indigenous: cultufal-commanities, women, youth, and Such other sectors’as; may be provided by law, except the religious sector (CONST., Art..Vk; See. 5, par..(2))-These members are referred to as sectoral representatives (MACHURA, “Supra at 308) and wiho were last appointed in 1995, . : Nn Q: What are the ‘qlalifications to become a member of the HOR? ANS: A person inust meet the following qualifications tq become a member af the HOR: (N25-RAW-VRI) 1, Natural Boin eitizen of the Philippines; ' 2. At ledst 2b.years of age on the day of the elect 4 Able lo'Read And Wiite; Except the dany-list representatives, a f he shall be éiected; and 5. A Resident of the dstrjein which he seeks to be elected, for a period of not less tnan one (1) yearimmiediately oreeeding the day of the election (CONST., Art. VI, Sec. 8}. ’ téred Voter in the district in which Q: What is the term of office of the members of the HOR? ANS: The Members of the HOR shall be elected for_a term of 3 years which shall begin, unless otherwise provided by-law, at nodn ‘of the thirtieth day of June next following their election, No Member of the HOR shall serve for more than 3 consecutive terms, Voluntary renunciation of the office for any length of time shali not be considered as an interruption in the continuity of his service for the full term for which he was elected (CONST., Art. VI, See. 7). Q: What are the rules in the apportionment of legislative districts? ANS: The ioliowing sules gavern the apportionment of legislative districts: 1, Itshall be made in accordance with the number of their respective inhabitanis, and on the basis of a uniform and progressive ratio (CONST., Art. VI, Sec. 5. par. (1)) 2. Each cily with al least 250,000 inhabitants is entitled to al least 1 representative, Each province, irrespective of the number of inhabitants, is entitied to al least one (1) representalive (CONST., Art. Vi, Sec. 5, par. (3). 3. Each legislative district shall comprise, as far as practical, a contiguous. compact, and adjacent territory {CONST., Art. Vi, Sec. 5, par. (3)). Note: The 250,000 minimum population is only applicable to the initial apportionment of legistalive districts in the cities, and nort in the subsequent apportionment of additional districts (Mariano, Jr. v Commission on Elections, GR. Nos. 118577 & 118627, March 7, 1995). 42Sw Porty-List System Q: What is Party-list System? ANS: The Partyist System is a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional, and sectoral parties, or organizations, or coalitions thereof, registered with the COMELEC. (RA, No. 7947, Sec. 3). Q: What is the purpose of the Party-list System? ANS: The purpose of the Party-list System is to enable certain Filipino citizens, especially those belonging te marginalized and underrepresented sectors, organizations, and parties, to be elected to the House of Representatives (Ang Bagong Bayani-OFW Labor Party v. Commission on Elections, G.R. No. 147589, June 26, 2004). Q: What is a political party? ANS: A political party refers lo an organizéd group of cilizens advocating an ideology or platform, principles and poiicies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supporss of its icaders and members as caridi¢otes for public office. It is 2 asticnal party when its constituency is spread aver the geographical territory of at least a majority of the regions. It is @ regional parly wen ifs constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region (R.A, No. 7941, Sec. 3 (c)). Q: What are the guidelines for screening party-list applicants? ANS: The new six-point parameters for screening party-list participants are as follows: 1. Three different groups may participate in the party-list system: a. . National parties or organizations; b._. Regional parties or organizations; ¢.” Sectoral parties or organizations; voce - 2. National parties or organizations and regional parties or organizations do not need to organize along secteral lines and do rot need to represent any “marginalized and underrepresented” Sector’ 3. Political parties can participate, in party-list elections provided they register under the party-list system and dd tot fietd candidates in legislative district eiections. A political pany, whether major or not, that fields candidates in legislative district elections may still participate in party-list elections but only through its sectoral wing thal must separately register under the party-list system. The sectoral wing is by itse!f an independent sectoral party and is linked to the political party only through a coalition; 4, A sectoral party or organization is one whose principal advocacy pertains to the special interest and concems of a specific sector of the population. It may either be one who: a. Represents the “marginalzed and underrepresented” or i. Laborer, peasants, fishestolk, urban poor, indigenous cultural communities, the nandicapped, veterans, and overseas Filipinos: b. Lacks a “well-defined political constituency” i. Women, security guards, LPG dealers, etc. 5. A majority of the members of sectoral parties or organizations that represent the ‘marginalized and underrepresented" must belong te the “marginalized and underrepresented” sector they represent, Similarly, a majority of the members ef sectoral parties or organizations that lack “well-defined political constituencies” must belong to the sector they represent. 13 VaLas 6, The nominees of sectoral parties or organizations that represent the “marginalized and underrepresented," or that represent those who lack “well defined political constituencies,” gither must belong to their respective sectors, or must have a track record of advocacy for their respective sectors. The nominees of national and regional parties or organizations must be bona-fide members of such parties or organizations; and 7. Natinnal, regional, and sectoral parties or organizations shall not be disquatified if some of their nominees are disqualified, provided that they have at least one nominee who remains qualified (Along Paglaum Inc. v. COMELEC, G.R. No. 203766, April 2, 2013). Note: The guidelines set under the Bagong Bayani case was modified by the ruting of the Supreme Court in Atong Paglaum Inc. v.COMELEG, supra to allow major political parties to participate in the party-list system through their sectoral wings. Q: What are the qualifications for a person to become a party-list nominee? ANS: The following are the qualifications for.a person to become a party-list nominee: (N25-RAW-VR1-M) 1. Natural born citizen: 2. Atleast 25 yaais of age on the day of the election; Note: In case of the youth sector, he must al leasi.be 25 but not more than 30 years old on the day of the election: Able to Read And Write: A registered Voter, A Resident of the Philippines for a period ‘of not legsi than one (1) year immediately preceding the day of the election: and 6. A bona fide Member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election (B.A: No. 7941, Sec. 9)._ aee Q: What are tte parameters in the election of party-lists? ANS: There ate 4 parameters in the party-list election in the Philippines, to wit: The 20% allocation ~ 20% of the’ total membership; of the House of Representatives is the maximum number of seats allocated for party-list representative. In other words, there is one parly-list seat for every four legislative districis seat 2. The 2% threshold -A guaranteed seat for a party-ist organization garnering 2% of the total voles cast. The’ guaranteed seats shall be distributed in e first round of seat allocation lo parties that receive at least two percent of the total party-list votes. 3. Proportional representation - The additional seats, that is. the remaining seats after allocation of the guaranteed seals, shall be distributed to the party- list organizations including those thai received fess than 2% of the total votes. 4, The three-seat cap - Each qualified party, regardless of the number of voles it actually obtained, is entitled only lo a maximum of 3 seats (BANAT v. COWMELEC, G.R. No, 179295, April 21, 2009). Q: Discuss the constitutionatity of the two-percent (2%) threshold prescribed under R.A. 7941 for the aistribution of additional party-list seats. ANS: The Supreme Court in BANAT v. COMELEC, supra struck down as unconstitutional the lwo percent threshold in the distribution of additional party-list seats in the second clause of Section 11 par. (b) of R.A, No. 7941, The Court held that the continued operation of the two percent threshold in the distribution of the additional seats frustrates the attainment of the permissive ceiling that 20% of the members of the House of Representatives shall consist of party-list representatives. 14BEDAN RED BOOK. Jay Q: What is the effect of a change in affi representative? ANS: Any elected party-list representative who changes his political party or sectorat affiliation during his term of office shall forfeit his seat: Provided, that if he changes his potitical party or sectoral affiliation within 6 months before an election, he shal! not be eligible for nomination as party-iist representative under his new party or organization (R.A. No. 7941, Sec. 18). jon of any elected party-list Q: What is the rule on vacancies in the seats of party-list representatives? ANS: In case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party. organization, er coalition, who shall serve for the unexpired term. if the list is exhausted, the party, organization, or coalition concerned shal! submit additional nominees (R.A. No. 7941, Sec. 16). Q: May the COMELEC allow the substitution of nominees of party-lists for causes other than those provided under RA No. 7941? ANS: No The COMELEC, despite its role as the implementing arm of the Government in the enforcement and administration of all laws and requtations relative to the conduct of an election. has neither the authority nor the license to expand, extend, or add anything to the law it seeks to implement thereby. The IRRs the COMELEC issues for that purpose should always be in accord with the law fo be implemented, and should not override, supplant, or modify the law. It is basic that the IRRs should remain consistent with the law they intend to carry oul (Lokin v. COMELEC, G.R, Nos. 179431-32, June 22, 2010). Q: May the registration of a party-list be cancelled and ‘he qualifications of its nominees be questioned after it had been proclaimed winner in the elections? ANS: Yes, The Constitution grants the COMELEC the authority to register political parties, organizations, or coalitions, and the authority to, cancel the-registration of the same on legal grounds. The said authority of the COMELEC is reflected in Section 6 of R.A. No. 7941 In the case of the party-list nominees/representatives, it is the House of Representatives Electoral Tribunal (HRET) that has jurisdiction over contests relating to their qualifications. Although it is the party-tist organization that is voted for in the elections, it is not the organization that sits as and becomes a member of the House of Representatives, but il is the patty-list nominee/representative who sits as a member of the Hous of Representatives, (ABC Party Lisl v. COMELEC, G.R. No. 199266. March 22, 2011). Q: May the party list organization remove its representative in HOR 7nd substitute another? ANS: No. A parly-tist representative is in every sense "an elected member of the House of Representatives.” Although the vote cast in a party-list election is vote for a party, such vole, in the end, would be a vote for its noriinges, who, in appropriate cases, would eventually sit in the HOR. They have the same deliberative rights. salaries. and emoluments (Abayon v. HRET, G.R. No, 189466. February 11. 2010}, Thus. they may oniy be removed either by expulsion with the concurrence of two-thirds (2/3} of all the members of the House of Representatives (CONST. Art. VI, Ses. 16): or by the Electoral Tribunal, either through an election protest or quo warranto proceeding (CONST. Art. VI, Sec. 17). 15 s ba ra Yi = a = iBEDAN RED BOOK C. PRIVILEGES, INHIBITIONS, AND DISQUALIFICA TIONS Q: What are the rules on compensations of Senators and Members of HOR? ANS: The salaries of Senators and Members of the HOR shal! be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the HOR approving such increase (CONST. Art. VI, Sec. 10). Q: What are the immunities granted to members of Congress? ANS: The following are the immunities of Senators and Members of HOR: 1. Privilege from arrest ~ In all offenses punishable by not more than six (6) years imprisonment, a Senator or a member of the House shall be privileged from arrest white the Congress is in session (CONST., Art. VI, Sec. 11). Note: It is available “while the Congress is in session’, whether the session is, regular or special, or whether or not the legislator is actually attending his session (BERNAS, Philiopine Constitution Reviewer, supra at 232). “Session” covers the entire period jrom*its: initial-convening until its final adjeurnment (CRUZ, Philippine Political Law, supra at 228-229}. Members of Congress are not exempt from detention for crime (People v: Jalosjos, G.R. No. 132875-76, February 3, 2006) punishable by more then six (6) years of imprisonment, 2. Parliamentary privilege of speech — They shall not be questioned nor be held liable in any other place for any spéech or debate made in the Congress or in any Committee thereof (/d.). Note: However, he/can be subjected to aisciplinanj action by the Congress itself (Chavez v. 86, G.R, No. 202242, Apri 16. 2013). Q: What are the requisites te avail of the privilege of speech nd debate? ANS: The following are the requisites: } 4, That'the “remarks must be made while the legislature or the legistative sommitteé is in session: and 2. That they must be made. in connection with the aha of official duties (Jimenaz v. Cabangbang, G.R. No. 1-15905, August 3, 1966; CRUZ. Philiopria Pottical Lav, supra at 229). Q: What are the prohibitions imposed upon Members of Congress? ANS: The following are the cisqualifications and inhibitions imposed upon them: 1. Incompatible Office No Member of. Congress may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including GOCCs or their subsidiaries during his term without forfeiting his seat (CONST., Art. VI, Sec. 13); and Note: The general rule is they cannot simultaneously s.old the incompatible office while Serving their term in office. The exception is if it is shown that said other office or employment is an extension of their legislative posi of legislative dutias, or is held by them in an ex officio capacity. 2. Forbidden Office ~ Neither shall he be apguinted lo any office which may have been created or whose emoluments had been increased during the term for which he was elected (CONST, Art. VI, Sec. 13) Q: What is the effect in case members of the Congress hold incompatible office? ANS: Forfeilure of the seal in Congress shall be automatic upon the member's assumption of such other office deemed incompatible with his seat in Congress (Adaza v. Pacana, G.R. No, L-62159, March 18, 1985). 16Gla 7 2 Q: What are the parliamentary prohibitions imposed upon Members of Congress? ANS: The Senators and Members of HOR shail NOT: 1. Personally appear as counsel before any court of justice, or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Appearance as counsel includes signing of pleadings, but does not include appearance pro se (Puyat v. De Guzman, Jr, GR. No. 51122, March 25, 1982); 2. Directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any GOCC, or its subsidiary, during his term; and 3. Intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act an account of his office {CONST., Art. Vi, Sec. 14). Q: May a member of Congress who holds a business interest in a corporation awarded a franchise during his term invoke the principle of separate personalities between him and the corporation as a-defense against the prohibition against financial interest? ANS: No. A member shall not be interested financiatly directly or indirectly in any contract with, or in any franchise or special privilege granted by the Government during his term (CONST., Art. Vi, Sec. 14). .The defense of separate personalities is inapplicable as the lew prohibits even an incirectfinancia! inlerest. Q: May Members of the Congress practice their professions? ANS: Yes. As to the members of the Congress, there is no general prohibition as to the practice of their professioris' except for members of the-Bar} whdse practice of law is constitutionally limited (CONST., Art. VI, Sec, 14), fod Q: What does the phrasé “in any other place” mean in Section 11; Article VI of the Constitution? ANS: This section was taken or is a copy of Sec. 6, Clause 1 of Art. 1 of the Constitution of the United States. In that country, the provision has aiways been understood to mean that although exempt from prosecution of civil actions for their words uttered in Congress, the members of Congress may, nevertheless, be questioned in Congress itself. Observe that “they shall not be questioned in any other place” than Congress, Furthermore, the Rules of the House (Rule XVII, Sec. 7), recognize the House's power to hold a member responsible "for words spoken in debate” (Osmefia, Jr. v. Pandatun, GR No. L-17144, October 28, 1960). D. DISCIPLINE OF MEMBERS : What is the rule on disciplining Members of Congress? ANS: Each House may determine the rules of its proceedings, punish ils Members for disorderly behavior, and with the concurrence of 2/3 of all its members, suspend or expel a member. A penally of suspension. when imposed. shail not exceed 60 days (CONST, Art. VI, See. 16. par. (3)) E. PROCESS OF LAW-MAKING Q: What are the constitutional requirements for the passage of laws? ANS: Every bill passed by the Congress shall embrace only one subject, which shall be expressed in the title thereof (CONST., Art. VI, Sec. 26(7)). No bill passed by either House shall become a law unless it has passed three (3) readings on separate days, and printed copies thereof in its final form have been distributed to its Members three (5) 7 u OLITICAL LAW TEA / : 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 vole thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal (CONST, Art. Vi, Sec, 26(2)). Note: Ail appropriation, revenue or tariff bills, bills authorizing increase of the public debt. bills of local application, and private bills shall criginate exclusively in the House of Representalives, bul the Senate may propose or concur with amendments (CONST., Ait. Vi, Sec. 24) Q: Discuss the process of enacting laws. ANS: A bill is signed by its author(s) and filed with the Secretary of the House. It may originate from either the lower or upper House, except appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills, which shall criginate exclusively from the House of Representatives (AGPALO, Statutory Construction (2009), p. 6) {hereinafter AGFALO, Statutory Construction]. 4. First reading - reading of the number and title of the bill, which is then referred to the appropriate Committee:for study-and recommendation, which may include the conduct “of. public hearirigs., The’ Committee will submit its report and recommendation for Calendar for second reading, (/d,) 2. Second réading ., reading of the bill in full with the'amendments proposed by the Comimiltee, ifany, unless copies thereof.are’distributed and such reading is dispensed with. The bill will be. subject to'debates, pertinent motions, and amendments, “After the amendments ‘shail have been acted, | upon, the bill will readifig by one Hause to the other House for concurrence., The other House shall follow the same procedure. If the other House approves the bill without amendments, the bill s passed by Congress’and the same will be transmitted to the President. If the other’ House’ introduces amendments, with which the originating House. dees not agree, the differences. will be settled the Conference Committees of both Houses. The Conference Committee's report will have to be approved. by both Houses in order that it will be considered passed by Congress and thereafter sent to.the Président (Id. 5, Authentication of bills — signing by the ‘Speaker and the Senate President of the printed copy of the approved bill, followed by the certification by the respeciive secretaries of the both Houses, before it is sent to the President (id). €. President's approval or veto — transmittal of the authenticated bill 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 shail enter the objections at farge in its Journal and proceed to reconsider it The President shall communicate his veto of any bill to the House where it originated within thirty (30) days after the date of receipt thereof, otherwise, it shail become a law as if he had signed il (CONST. Art. VI, Sec. 27/1). 7. Reversal of veto - 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-thieds of all the Members of that House, it shat! become a law (CONST, Art, VI, Sec, 27(1)). 18VOL1. "7: 2019 19” clause applicable to the Bicameral Q: Is the “no amendment on the third rea Conference Committee? ANS: No. The "no-amendment rule" refers only to the procedure to be followed by each house of Congress with regard to bills initialed in each of said respective houses, before said bill is transmitted to the other house for its concurrence or amendment. Verily, to consirue said provision in 2 way as to proscribe any further changes to a bill afler one house has voted on it weuld lead to absurdity as this would mean that the other house of Congress would be deprived of its constitutional power to amend or introduce changes to said bill. Thus, Art, VI, Sec. 26 (2) of the Constitution cannot be taken to mean that the introduction by the Bicameral Conference Committee of amendments and modifications to disagreeing provisions in bills that have been acted upun by both houses of Congress is prohibited (Abakada Guro Parly List v. Ermita, G.R. Nos. 168056, 769207, 168461. 168463 & 168730, September 1, 2005). Q: Are the requirements of three readings on separate days and distribution of printed copies may be dispensed with? ANS: Yes. Both the requirement of three readings on separate days ana distribution of printed copies thereof three (3) days before its passage may be dispensed with upon the cerlification by the President of the necessity of the bill's immediate enactment to meet a public calamity or emergency (CONST. Art. VI, Sec. 26 (2)). Q: What is the extent of the powers of a conference committee? ANS: It is within the power of the Bicameral Conference Committee to include in its feport an entirely new provision that is not found either in the House bill or in the Senate bill. And if he Committee can propose. an amendment consisting of one or two provisions, there is no.reason why it cannot propose several provisions, collectively considered as “an amendment in the nature of a substitute” so long as the amendment is germane to the subject of the bills before tie Committee (Tolentino v. Secretary of Finance, G.R. No. 115455, October 30, 1995). - F. QUORUM AND VOTING MAJORITIES. . What is the quorum prescribed for the Houses of Congress? ANS: A majority of all the members of each House shall constitute w quer to do business. but a smaller number may adjouirn’ from day to day and may compel the attendance of absent’ Members in such manner and under such penallies as such House may determine (CONST. Ari, VI, Sec. 16, par. (2)). Note: The existence of a quorum is based on the proportion between those physically present and the total membership of the body (SERNAS. Philippine Constitution Reviewer, supra at 238). Q: What is the difference between “majority of all the members of thc House” and “majority of the House”? ANS: There is a difference between a majority of “all ine members of the House" and a majority of "the House", the latter requiring less number than the first, Therefore. an absolute majority (12) of all the members of the Senate iess one (23), constitutes constitutional majority of the Senate for the purpose of a quorum (Aveline ¥. Cuerico, G.R. No. L-2821 (Resolution), March 4, 1948). Q: What is the basis in determining the existence of a quorum in the Senate? ANS: The basis in determining the existence of a quorum in the Senate shall be the total number ot incumbent Senators who are in the country and within the coercive jurisdiction of the State (Avelino v. Cuenco, supra). Thus, a senalor who is abroad fer whatever reason is always discounted while a senator who is in the country may still be counted even if comatose or detained because they remain within the coercive jurisdivtion of the State. 19vous Vf: 2019 Note: The same principle may be applied for the determination of quorum in the House of Representatives. Q: How many votes constitute a “majority of ALL member: ANS: This refers to an “Absolute Majority” requires the majority of all electors regardless of the number of members present or absent during the time a question is pul toa vole, provided a quorum exists. For example, even if only 23 Senators are present at the vote, an absolute majority would require the concurrence of at least 13 senators or (24/2)+1. For the HOR, the number would be 126 which is (250/2)+1 Q: How many votes constitute “a majority of the house”? 'ANS: This refers to a type Gf “Simple Majority” which requires the concurrence of more than half the electors that are within the coercive jurisdiction of the House. provided there is a quorum, se For éxample, Suppose 3 Senators are ‘abroad: then, a’simple majority is at least 11 which is more than half the Senators who are within the Poercive jurisdiction of the Senate. “ 4 Q: What is the nature of voting as regards the Congress’ power to appoint officers Majority and Minority Leaders) in each house? , ANS: The power to determing the manner of selecting such other officers is derivative of the exercise of thé prerogative confetiéd’ by thé ‘Coristitution that each House shall choose such oltér officers as it may deem necessary. While thé Constitution is explicit ‘on the mannef of.electing a Speaker of the itouse of Representatives; it is, however, silent on the manner of selecting other officers, thus leaving tHe same to the exclusive prerogative of each House. Hence, a candidate “who. gamered-the second highest number of votes for Speakership cannot automatically become the Minority Leader based on “long'standing tradition” when Such tradition was clearly’overtumed by the House of Representatives (Baguilat, Jv. Alvarez, G.R. No.'227757, July 25, 2017). G. APPROPRIATION AND RE-ALIGNMENT Q: What is the power of appropriation? ANS: The power of appropriation, called the*poyiet of the purse,” belongs to Congress. subject only fe the veto power of the President. it carries with it the power to specify the project or activity to be funded under the appropriation law (Philippine Constitution Association v. Enriques. 3.R, No. 115108, August 19, 1994). Q; What is an appropriation law? ANS: A statute the primary and specific purpose of which is to authorize the release of public funds from the Treastiry (NACHURA, supra at 329). Q: Give the two (2) classifications of Appropriation Laws. ANS: The following are the two (2) classifications of Appropriation Laws 1. General appropriation law — passer annually, intended for the financiat operations of the entire government during one fiscal period: and 2. Special appropriation law ~— designed for a specific purpose (CRUZ, Philippine Political Law, supra at 306) Q: What are the limitations on the power to appropriate? ANS: The Constitution, under Arts. Vi, Secs. 24, 25 and 29, and Art. Vil, Sec, 22 provide explicit limitations on the power to appropriate, to wit (BERNAS, Commentary on 1987 Constitution. supra at 777): 20BEDAN RED BOO 1. _ All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local apptication, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments (CONST., Art. VI, Sec. 24); 2, The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget (CONST, Art. VI, Sec. 25(1)): 3. No provision or enactment shall be embraced in the general appropriations bill unless il relates specifically to some particular appropriation therein. Any such provision or enactment shail be limited in its operation to the appropriation to which it retates (CONST., Art. VI, Sec 25(2)): 4, The procedure in approving appropriations for the Congress shaii strictly follow the procedure for approving appropriations for other departments and agencies (CONST., Art. VI, Sec, 25(3)); 5. A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by 4 corresponding revenue proposed therein (CONST., Art. VI, Sec. 25(4)); 6. No law shall be passed authérizina any transfer of appropriations; however, the President, the President ofthe Senale, the Speaker of the House of Representatives, the Chief Justi¢e of the. Supreme Court, and the heads of Constitutional Commissions may; by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations (CONST: Art. VI, Sec. 25(5)); 7. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate, vouchers and subject to such auidelines as may be prescribed by !aw (CONST, Art. Vi, Sec. 25(6)); 8. If, by the end of any fiscal year, the Congress shall have failed to pass the general’ apprépriations bill for"; the ensuing.. fiscal,,.Year, the general appropriations faw for the. preceding fiscal year-shall’be déemed reenacted and shall remain in force and effect until the ‘gerieral appropriations bill is passed by the Congress (CONST: Art. Vi, See. 25(7)): 9. Prohibition on the expenditure- of. public money or property for religious purposes (CONST.,.Art, VI, Sec. 29(2)); and 10. The general appropriation,law must be‘based oii the budget prepared by the Prasident (CONST., Art. Vil, Sec. 22). Q: What are the implied limitations on the power of the Congress to appropriate public funds? ANS: The following are the implied limitations on the said power: 1. The appropriation must be devoted ta a public purpose: and 2. The sum authorized to he released must be determinate or at least determinable (Pascual v. Secretary of Public Works and Communications, G.R. No. L-10405, December 29, 1960) Q: What are the requisites of a valid transfer of appropriations? ANS: The following requisites must concur: 1, There must be a law authorizing the President. tho Senate President, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions to augment any item i the general appropriations law for their respective offices; and 2. The funds to be transferred are taken from savings in other items of their respective appropriations (CONST., Art. Vil, Sec. 25(5)). Note: The list of those who may be authorized to transfer funds under the above provision is exclusive (EERNAS, Commentary on 1987 Philippine Constitution, supra ai 780). Hence, neither tie Chief of Staff of the Armed 24VOL 1, 2019 - BEDAN RED BOOK Forces nor individuat members of the Congress may not be given such authority (Philippine Constitution Association v. Enriquez, supra). Q: What is a "pork barrel”? ANS: Pork barrel is “an appropnation cf government spending meant for localized projects and secured solely or primarily to bring money to a representative's district” (Araulio v, Aquino Ill, G.R. Nos, 209287, 209135, 209136, 209155, 209164, 209260, 209442, 209517 & 209569, July 1. 2014). Q: What is Pork Barrel System? ANS: The Court defines the Pork Barre! System as the collective body of rules and practices thal govern the manner by which lump-sum, discretionary funds, primarily intended for local projects, are utilized through the respective participations of the Legistative and Executive branches of government, including its members (Belgica v. Ochoa, G.R. Nos, 708566, 268493, 209251 & L-20768, November 19, 2013). Q: Under the Pork Barrel System, what are the two (2) kinds of jump-sum discretionary funds? yoy! * ANS: The Pork Barrel System involves two (2) kirids‘of lump-sum discretionary funds: Firsl, there-is the Cengressional Pork Barrel which is herein defined as a kind of lump-sum, discretionary fund wherein legislators, either individually or collectively ‘organized into committees, are ablé to. effectively control certain aspects of the fund's utilization through various’ pést-enaciment measures andior'practicés; and : Lf. 2. Second, there is the Presidential Pork Barrel which is herein defined as a kind of fump-sum, discretionary fund which allows the President lo determine the manner 6f its utilization (Belgica v. Ochoa; supra).? LEGISLATIVE, INQUIRIES AND OVERSIGHT FUNCTIONS. ~~! Q: What are legislative or formai inquiries? . ‘ ANS: Legislative inquiries may cefer tothe implementation or re-exarnination of any taw o¥ appropriation, or in connection with any proposed legislation, or for the formulation of, or in connection with, future legislation, of will aid in tné review sr formulation of a new legislative policy or ertactment. They may also extend to ‘any and all malters vested by the Constitution in Congress andfor in the Senate alone (Rules of Procedure Governing Inquiries in Aid of Legislation;.Sec. 1). Legislative ifiquiry is inherent in Congress. “The inquiry, to be within the jurisdiction of the legistative body to make, must be material or necessary to the exercise of a power in il vested by the Constitution, such as to legistate, or to expel a Member” (Arnaull v. Nazareno, G.R. No. L-3820, July 18, 1950). Q: What is the scope of the power of legislative investigation by the Congress? ANS: The power of legislative investigation by tne Congress involves ihe following: 1. Power to conduct inquiry in aid of legislation in accordance with its duly pubtished rules of procedure; 2. Power to issue summons and notices in connection with matters subject of its investigation or inqusry: 3. Power to punish or declare a person in contempt during or in the course of legislative investigation: and 4. The power 10 determine the rules of its proceedings (Amault v. Nazareno, supra). Q: What are the limitations on the power of legi ‘ive investigation of the Congress? ANS: The following are the limitations of said power: 1. Ikmust be in aid of legislation; 22BEDAN RED BOOK 2, In accordance with duly published rules of procedures; and 3. The rights of persons appearing in or affected by such inquiry shall be respected (CONST., Art. VI, See, 21). Q: How often should the rules of procedure in the conduct of legislative inquiry be published? ANS: The phrase “duly published rules of procedure” requires the Senate of every Congress to publish its rules of procedure governing inquiries in aid of lesistation because every Senate is distinct from the one before it or after it. Since Senatorial elections are held every three (3) years for one-half of the Senate's membership, the composition of the Senale also changes by the end of each term. Each Senate ‘may thus enact a different set of rules as it may deem fit, The requisite of publication of the rules is intended to satisfy the basic requirements of due process (Garcillano v. House of Representatives Committees on Public Information, GR. Nos. 170338 & 179275, December 23, 2008). Section 21, Article Vi of the 1987 Constitution expiicilly provides that "the Senale or the House of Reoresentatives. or any of its respective committees may conduct inquiries jg aid of legistation in accordance with its duly published rules of procedure.” Q: Discuss the oversight functions of the Congress. ANS: The heads of departments may, upen their own initiative, with the consent of the President, or upon the request of either Hause, as the rules of each house shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three (3) days before tneir scheduled appearance. Interpellations shall not be limited to the written’ questions but may cover matters related thereto. When the security of the State or the public interest so requires, the appearance shall be conducted in executive session (CONST., Art. Vi, Sec, 22}. Q: Discuss the "question hour” vis-a-vis the oversight functions of the Congress. ANS: The Supreme Court referred to the oversight function of the Congress under Section 22, Article VI as “question hour’. it wag ruled that “Sections 21 and 22, therefore, while closely related and complementary to each other, should not be considered as pertaining to the same power of Congress. One specifically relates to the power to conduct inquiries in aid of legislation, the aim of which is to elicit information that may be used for legislation, while the other pertains to the power to conduct a question hour, the objective of which is to ablain information in pursuit of Congress’ oversight function’ (Senate v. Ermita, G.R. No. 169777, April 20, 2006). Q: Discuss the differences between the right of the Congress to conduct inquiry in aid of legislation (Sec. 21) and its oversight function (Sec. 22). ANS: Tie following are the differences between the wo powers of the Congress: E eee es ae Pll w rd =i Pe RRL E eg Cie moa aad {Oversightfunction of Eongress)— ~ Dee LE a oa ie ts Any person Oily an executive department head ke Committees Entire body 23 VaanAs to subject matter Any matter for the purpose of legislation ‘Congress has the power to conduct inquiries in aid of legisiation the aim of which is to elicit information that Matters related to the department only Congress has the power to question executive department heads, the objective of which is to obtain information in pursuit may be used for legislation of Congress’ oversight functions Bre Attendance is compulsory Attendance is discretionary hence it is vali¢ for the President to require that consent be obtained first before subordinates appear in - Congress during the question hour _Corlgré'ss cannot request the appearance “ot executive officials if the required consent Congress can_—_compel attendance of executive of subject to the proper application of | of the President is not obtained first, or if no executive privilege, ae such ¢onsent is giver. 1. POWER OF IMPEACHMENT : cfs Q: Discuss the power of impeachment of the Congréss. ANS: The Houiso of Represcntatives shall have the 2xclusive power {0 initiate all cases, of impeachment.(GONST., Ar. XI,’ Seo. 3, par. (1)}.;The Senais shall haye the so!n power to try and decide all cases of impeachment (CONST. Art. Xi,:Sec. 3, par. (6). The President, the Vice-President, the Members of the Supreme Céurt, the Members of the Constitutiorial Commissions, and the Ombudsman may be removed from. office on impeachment for, and conviction of,. culpable" violation af the Cgnstitution, treason, bribery, graft and corruption, other high crimes, oF betrayal‘of publié trust (CONST., Art. Xi, Seo. 2). me ’ Note: No impeachment proceedings, shall be initiated against’the same official more than once within a period of one year (CONST., Art. XI, Sec. 3(5)). Initiation takes place by the act of filing of filing and refetral or endorserpient of the impeachment complaint to the House Committee on Justice (Francisco v..Holise of Representatives, G.R. No. 160261, November 10, 2063) Q: What is the procedure of impeachment? ANS: The simplified procedure of impeachment is as follows’ 1, Filing of a complaint: This starts the proceedings for impeachment. a. The complaint is filed either by a member of the House of Represantalives; or by any citizen upon a resolution of endorsement by any member thereof 2. Complaint is referred to the proper Committee: a, The Committee conducts deliberation of the complaint that was filed. Thereafier, the Committee should decide whether the complaint is sufficient in form and in substance. b, The Committee. after hearing, and by a majority vote of all its Members, shall suomit its report to the House within 60 session days from the referral of the complaint, together with the corresponding resolution. ¢. The resolution shall be calendared for consideration by the House within 10 session days from receipt thereof. 24 1d. A vote of at least 2/3 of the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded. 3. Complaint is sent to the Senate which will try and decide cases of impeachment: a. If filed by at least 1/3 of all the members of the House, the same shall coastitute the Articles of Impeachment. 4. Trial and Conviction: The Senate tries the impeachment and convicts by a vote of 2/3 of all ihe members of the Senate (SUAREZ, Political Law (20781, p. 810- 811) [hereinafter SUAREZ}. J. ELECTORAL TRIBUNALS Q: What is the composition of the Etectoral Tribunals? ANS: Each Electoral Tribunal shall be composed of nine (9) Members, three (3) of whom shall be Justices of the Supreme Coilrt to be designated by the Chief Justice, and thie remaining six (6) shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chaseri on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman (CONST., Art. VI, Sec, 17), . Q: When must the Electoral Tribunals be constituted? ANS: The Electoral Tribunals shall be constituted within thirty (30) days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker (CONST, Art. Vi. Sec. 19) Q: Discuss the independence of the respective Electoral Tribunals of the Houses of Congress: ANS: The Electoral Tribunal is independent of the Houses of Congress (Angara v. Electoral Commission, G.R. No. L-45081, July 15, 1936) and its decisions may only be iewed by the Supreme Court upon showing of grave abuse of discretion in a special action for certioran filed under Rule 65'of the 1997 Rutes of Civil Procedure (Pena v, House of Representatives Electoral Tribunal, G.R. No: 123037, March 24, 1997). Q: What is the function of electoral tribunals? ANS: The Electoral Tribunal acts as the sole judge of all contests relating to the election, returns, and qualifications of the respective members of each House (CONST., Att. Vi, Sec, 17}. Q: When does the Hause of Representatives Electoral Tribunal (HRET) acquire jurisdiction over election cases? ‘ANS: Once a winning candidate has been duly proclaimed, taken his oath, and assumed office as a Member of the House of Representatives, the COMELEC's jurisdiction over election contests relating to the candidate's election, returns, and qualifications ends, and the HRET's own jurisdiction begins (Limkaichong v. COMELEC, G.R. Nos. 178831-32, April 1, 2009). Note: The taking of oath or affirmation of Members of the House of Representatives, either collectively of individually, shall be before the Speaker in open session (Section 6, Rule ii (Membership) of the Rules of the House of Representatives; Reyes v. Commission on Elections, G.R. No. 207264 (Resolution), June 26, 2013) or before the Senate President with respect to Senators. 25 eaeVOL 1, 2019 BEDAN RED BOOK Q: Cana membership in the HRET be terminated because of party distoyalty? ANS: Membership in the House Electoral Tribunal may not be terminated except for a just cause, such as, the expiration of the member's congressional term of office, his death, permanent disability. resignation from the political party he represents in the tribunal. formal affiiation with another political party. or removal for other valid cause. A member may not be expelled by the House of Representatives for “party disloyalty” short of proof thal he has formally affiliated with another political group (Bondoc v. Pineda, G.?. No, 97710, September 26, 1991) K, COMMISSION ON APPOINTMENTS: Q: What is the composition of the Commission on Appointments (CA)? ANS: There shall be a CA consisting of the President of the Senate, as ex officio Chairman, twelve (12) Senators, and twelve (12} Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-tist system represented therein (CONST.;Ait,”'Vi...Sec. 18). ([No. of Senators or Representatives of a polical party! Total No. of SEnators or Representatives} x 12 seats). Note: For the Senate, a polical party must Have al teast txo (2) members to be entited to one seat in Commission éa Appointments... Rounding off is nat alowed (Guingona v. Gonzales, G.R. No. 106971, October 20, 1992) Q: When must the CA be constituted? ANS: The CA shall be,constituted within thirty (30) days after ‘ie Senate and the House of Representatives Shall have been organized with the election of the President and the Spsaker (CONST. A. VI, Sec. 79). vee Q: Discuss the independence of the CA. ANS! The Commission is independent of the two Houses: iis employees are not technically employees of Congress. It has the power to promulgate its own rules of proceedings (Pimentel Jr vs. Ermita, G.R. No 164978, October 13, 2005). Q: What is the function of the CA? ANS: The CA acts as @ legislative check on the appointing authority of the President. It shall act cn all appointmenis'submitied {6 it within thirty (30) session days of the Congress from their submission (CONST:: Art. VI. Sec:.78) Q: Under the Constitution, which appointments need the concurrence of the CA? ANS: The President shall nominate and, with the consent of the Commission on Appointments, appoint: (HAC) 1. Heads of executive departments (CONST., Art. Vil, Sec. 18); 2. Ambassadors and other public ministers and consuls (CONST., Art. Vi, Sec. 16); 3. Officers of the AFP iro.n the rank of colonel or naval captain: 4. Officers whose appointments are vested in him by the Constitution: a. Regular members of the Judicial and Bar Gouncil (CONST. Art. Vill. Sec. 8, par (2)}: b. Chairmen and members of the Constitutional Commissions (CONST. Art, IX-B, See.t, par. (2)); and c. Sectoral representatives during the three-consecutive terms after the ratification of the Constitution (CONST., Art. Vi, Sec. 5(2); CONST., Art. XVIll, Sec. 7, Quintos-Deles v. Commission on Appointments, G.R. No. 83216, September 4, 1989). 26Q: What are the appointments that do not need confirmation from the Commission on Appointments? ANS: The following are the appointments that do not need confirmation from the Commission: +. Appointment of the Vice President to a Cabinet Position (CONST. Art Vil, See. 3); 2, Members of the Supreme Court and judges of lower courts (CONST., At. Vili, See. 9); 3. The Omoudsman and his deputies (CONST, Ait. XI, Sec.9); 4. All other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint, eg ‘a. Commissioner of Customs (Sarmiento v. Mison, G.R. No. 79974, December 17, 1987): b. Chairman of the Commission on Human Rights (Bautista v. Salonga, G.R. No. 86439, April 13,,1989); and c. Appointments and promotions in the Philippine Coast Guard (Soriano v. Lista, G.R. No, 153881, March 24, 2003) Q: Whatis the procedure for appointments that need tne confirmation of the CA? ANS: The procedure is as follows: 1. Nomination by the President: . 2. Confirmation by the Commission on Appointments; 3. Issuance of commission; and 4, Acceptance by the appointee (Lecson v. Romero! G.R. No. L-3081, October 14, 1949) Q: Discuss the voting rules of the Com: . ANS: The Commission shall rule on all nominations or:appointments brought before it by a majority’ vote of all its members. Only members. present shall be entitled to vote, The ex officio Chairman shal! not vote except ‘~ break’a tie. All other matters shall be decided by a majority. vote of the members present constituting a quorum (Rules of the Commission on Appointments, Ch. Ill, Sec. 15) Voting by the Commission 6n any nomination or appointment submitted for confirmation shall be by viva voce; except, upon request of any members, the voting shall be sominal (Rules of the Commission on Appointments. Ch. IV, Sec. 23). Q: Discuss the rules on unacted nominations or appointments returned to the President. ANS: Nominations or appointments submitted by the President of the Philippines which are nal finally acted upon at the close of the session of Congress shall be retuned to the President and, unless new nominations or appointments are made, shall not again be considered by the Commission (Rules of the Commission on Appointments, Ch. 1V, Sec. 17) Q: Discuss the rules on reconsideration of resolution of the Commission. ANS: Resolution of the Comunission on any nomination or appointment may be reconsidered on written motion by any member who voted with the majority or the prevailing side presented to the Chairman not later than one (1) day after the approval of the resolution: Provided, that said motion for reconsideration be taken up on the next pienary session of the Commission. If the majority of the members present approves such motion for reconsideration, the nomination or appointment shall be reopened and submitled anew to the Commission. A motion to reconsider the vote on any nomination of appointment may, however. be laid on the table and which decision shail be considered as a final disposition of such a motion for reconsideration 27 5 3 J Si = i &EDAN RED BOOK 2819 ‘A motion to reconsider, however, is not in order if fled during the last plenary session of the Commission prior to an adjournment of Congress (Rules of the Commission on Appaintmenis, Ch. IV. Sec. 18). Q: What are the rules on meeting of the Commission? ANS: The Commission shall meet only while Congress is in session, at the call of its Chairman or a majority of all its members (CONST., Art. VI, Sec. 19). Q: What is the veto power of the member of the Commission? ANS: Any member may move for the suspension of action by the Commission, on any nomination or appointment favorably recommended by @ standing committee and the Chairman shall suspend the consideration of said nomination or appointment: Provided, that, such suspension may be taken up on the next succeeding session of the Commission; Provided, further, that this section shall not apply to nominations or appointments taken up by the Commission during the last session prior to a sine die adjournment of Congress (Rules of the Commission on Appointments, Ch. IV, Sec. 20) L. INITIATIVE AND REFGRENDUM Q: What is a'people’s initiative? *~ i is the power of th Siopcse amendments to the Constitution or to propose oF enact ledistation through an election called for the purpose (RA. No, 6735, Set.3, par. (a)}.°” : Is RLA. 6735 sufficiént and adequate ta ariend the Cons initiative? ; - ANS: R.A, No. 6738,-also known as the "People's Initiative &nd-Referendum Act”, is ‘acomplete, inadequate, or wanting in essential terms and conditions jrisofar as initialive on amendmerits t0 the Constitution is conce-ied (Santiago y. COMELEC, G.R. No. 127325, March 19, 1997). Hiowever,-in-the SC's Minule Resolution denying the motions to reconsider the dismissat of the petition for people's initiative, "ten (10) Members of the Court reiterated their position, that R.”.. No. 6735 is, sufficient and adequate to amend the Constitution thru a people's initiative” (Mitte Resolution, Lambino v. Comelec. supra: Bina v. COMELEC, GR. No. 170643, September 8, 2006). The COMELEC subsequently promulgated on Janudiry 2, 2007. Resolulion No. 7796, setting forth the rules and regulations 19 govern the conduct of initiative on the Constitution. tution thru a people's Q: What are the classes of people's initiative? ~ .— ANS: There are 3 classes of people's initiative, to wit: 1. Initiative on the Constitution - petition proposing amendments to the Constitution; Initiative on Statutes - petition proposing to enact a national legislation; and Initiative on Local Legislation — petition proposing to enact a’ regional, provincial, city, municipal, or barangay law, resolution or ordinance (R.A. No. 6735, Sec. 3 (a) 2. 3. Q: What is referendum? ANS: Referendum is the power of the electorate to approve or reject legislation through an election called for that purpose (R.A. No. 6735, Sec. 2 fe). Q: What are the classes of referendum? ANS: There are two (2} classes of referendum, to wit 1, Referendum on Statutes ~ petition to approve or reject an act or law or part thereof, passed by Congress (CONST, Art. VI, Sec. 32): and 2, Referendum on Local Laws - legal process whereby the registered voters of the local government units may approve, amend, or reject any ordinance enacted by the Sanggunian (LGC, Sec. 126). 28BEDAN RED BOO ll. EXECUTIVE DEPARTMENT A, QUALIFICATIONS, ELECTION, AND TERM OF THE PRESIDENT AND VICE- PRESIDENT Q: What are the qualifications required of the President and Vice President? ANS: A person must meet ihe following qualifications to be elected President or Vice Presidant(N40-RAW-R101 Natural-born citizen of the Philippines; At least 40 years of age on thy day of the election; Able to Read And Write; and A Resident of the Philippines for a period of at least ten (19) years immediately preceding the day of the election (CONST., Art. Vil, Sec. 2) BeENe Q: How long is the term of office of the President and Vice President? ANS: The President and the Vice-President shall be elected by direct vote of the people for a term of six {6} years which shall begin at noon on the thirtieth (30") day of June next following the day of the election and shall end at noon of the same date six (6) years thereafter (CONST., Art Vil, Sec 4). Note: The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the.Members of bath Houses of the Congress, voting separately (CONST., Art. Vil, Sec. 4(5)) Q: Discuss the rules on the President's and Vice President's election and elig for reelection. - ANS: Tlie President and the Vice-President.shall be elected by direct vote of the people for a term of six years which shail begin.at noon on. the thirtieth day of June next following the-day of the election and shall end at noon of the same date six years thereafter. : Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May. ‘The President shall not be eligible for any reelection, No person who has succeeded as President and has served as sch for more than four (4) years shall be qualified for election to the same office at any time. No Vice-Prosident shall serve for more than two (2) consecutive terms. Voluntary renunciation of the office for any ler.gth of time shail not be considered as an interruption in the continuity of the service for the fult term for which he was elected (CONST,, Art. Vil, Sec. 4). B. PRIVILEGES, INHIBITIONS AND DISQUALIFICA TIONS Q: What are the privileges afforded to the President and Vice-President? ANS: The following are their privileges 1. Official residence for the President; and 2. Salaries of the President and Vice-President are determined by law and not to be decreased durmg his tenure (CONST., Art Vil, Sec. 6) 3. Presidential immunity from suit during his tenure (Soliven v. Makasiar, G.R. Ho, 82585, November 14, 1988) 4, Executive privilege (Presidential Communications Privilege) has been defined as “the right of the President and high-level executive branch officials to withhold information from Congress the courts, and ultimately, the public” (Senate v. Ermita, supra) 29 Lite NT POLIT B}EDAN RED BOOK Q: What is the extent of President's immunity from suit? ANS: The President, like the judges of the courts and the members of the Legislature, may not be personally mulcted in civil damages for the consequences cf an act executed in the performance of his official duties, This principle of non-liabilily does not mean that the chief executive may not be personally sued al all in relation to acts which he claims te perform as such official. The [President] is fable when he acts in a case so plainly outside of his power and authority that he cannot be said fo have exercised discretion in determining whetner or not he had the right to act Also, when the cases filed against the President are criminal in character. It will be anomalous to hold that immunity is an inoculation from liability for unlawful acts and omissions. The rule is thet unlawful acts of public officials are not acts of the Stale and the officer who acts illegally is not acting as such but stands in the same footing as any other trespasser (Estrada v. Desierto, G.R.Nos. 146710-15 & 146738, March 2, 2001). Q: What are the inhibitions and disqualifications imposed upon them? ANS: The following are the inhibitions and disqualifications under the law: (SEOP-CS) 1. Shall have rio increase in Salaries during their tenure (CONST., Art.VIl, Sec. 8): 2. Shall not receive any other Emoluments from the government or any other source, (CONST.. Art, Vil, Sec. 6): 3. Shall not hold any other Office or employment, unless aiterwise provided in the Constitution (CONST., ArtVi, Sec. 13): 4. Shalinot, directiy or indirectly, Practice any other profession. “participate in any business, or.be financially interested in any contract with, or,in any franchise or special privilege granted by the government or any’ subdivision, agency, or instrumentality thereof, inctuding GOCCs ‘or their subsidiaries (CONST.. Art. Vil. See. 13), Swclly avoid Sonfict of interest in the conduct of their office (CONST. Art. Vi See. 13); and 6 May not appoint Spouse or relatives by consanguinity or affinity within the 4th civil degree as Members of Constitutional Commissions, or the Office of the Ombudsman, or 2s ‘Secretaries, undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries (CONST., Ar. Vi, Sec. 13). © POWERS OF THE PRESIDENT Executive and Administrative Powers in General Q: Distinguish executive power from administrative power. ANS: Executive power pertains to the power to enforce and administer the laws. It shall be vested in the President of the Philippines and exercised through the manifold offices of the execulive department (CONST. Art. Vil, See. 7), On the other hand. administrative power refers to the Prasicent’s controt over all such executive departments, bureaus, and offices. He shail ensure that laws ae faithtuily executed (CONST. Art. Vil, Sec. 173. Q: What is the power of administrative reorganization? ANS: It is the President's continuing authority to reorganize the executive branch which includes the power to group or consolidate bureaus and agencies, to create and abolish offices. to transfer functions, to create and classify functions, services, and activities. and to standardize salaries and materiais. It is effected in good faith if it is for the purpose of economy or to make bureaucracy more efficient (MEWAP v, Executive Secretay. GR. No. 160093, July 31, 2007). 30BEDAN RED BOOK Q: Discuss the faithful execution clause. ANS: The second sentence of Section 17, Article Vil is referred to as the “take care power" of the President and also sometimes called the “faithful execution clause” Under this provision, the President is bound to ensure the faithful execution of laws regardless of his belief in the legality of said laws. Until and unless a law is declared unconstitutional, the President has a duty to execute it regardless of his doubts as to ils validity (CONST., Art. Vil, Secs. 1 & 17). Power ointment Q; Define appointment. ANS: An appointment is the selection, by the authority vested with the power to do so, of an individual who will be tasked to exercise the functions of a given office. It differs from a designation in thal the latter simply means the ‘mpesition of edditional duties, usually by law. on a person already in’ .'2 public service. It is also different from a commission, which refers to the writter svidunce of the appointment (NACHURA, supra at 356). What-is the nature of the power'teappoint? to appoint is essentiiully ex nature, and the legislature may not interfere with the exercise oP thls execuli power except in those instances when the Constitution expressly aliows itto interfere (Pimentel v. Ermita, G.R. No. 164978, October 13, 2008). Q: What are the limitations in the President's appointing power? ANS: The foliowing are the limitations in tha President's power 1. Limitations on’the executive power to appoint are construed strictly against the legis!ature. The scope of the lagislature's interference in the President's power to appoint is-limited to the power to prescribe sthe qualifications to an appointive office. Congress cannot appoint'a person to-an office in the guise of = prescribing qualifications to that office. Neither may Congréss impose on the President the duty to appoint any particular person to an office. 2. The CA is independent from Congress and does net legislate when it confirms or refuses @ Presidential appointment. 3. The President has no constitutional or legal obligation to only make permanent appointments when Congress in session 4, ‘Tne President'can also make temporary appointments even when the CA is in session (Pimentel v, Ermita, supra). 5. The President is constitutionally prohibited from making “midnight appointments" except under certain conditions (CONST., Art Vil, Sec. 15) Q: What are the ciassifications of appointments? ANS: (Please refer to the section of this book on the Law on Pubiic Officers). Q: What are the kinds of presidential appointnients? ANS: The following are the kinds of presidential appointn ents: 1. Regular presidential appointments, with er without confirmation by the Commission on Appointments, including “recess” or “ad interim’ appointments, (CONST, Art. Vil, $20. 16) Appointments made by an Acting President (CONST., Art. Vil, Sec. 14) Midnight appointments - appointment made by a President within 2 months before the next presidential elections and up to the end of his term (CONST., Art Vi, Sec. 15; see General v. Urro, G.R. No. 191560, March 29, 2011, and Sana v. Career Executive Service Board, G.R. No. 192926, November 15, 2017) ene 34 Ciera ae Vz: