POLITICAL LAW (Consti 1-2, Admin, Law of RO and Law on Municipal Corpo) = Branch of public law which deals with the organization and operations of the governmental ‘organs of the State and defines the relations of the State with the inhabitants of its territory. NECESSITY FOR THE STUDY: Every Citizen, regardless of calling, should understand the mechanics and motivations of his government. This is must be because “sovereignty resides in the people and all government authority emanates from them”. ~ Art XIV, Sec 3(1)- “ All educational institutions shall include the study of the consti as part of the curricula 1987 Phil Con> 4 fundamental law to govern the PH since it became independent on July 4, 1946, 1° Commonwealth Constitution (1935) 2" 1973 Constitution (Martial Law) 3"> Freedom — Constitution (Revolutionary Constitution- Cory’s Regime after martial law, pending, the adoption of permanent constitution) OUTSTANDING FEATURES: (1987) - LENGTHY. Inclusion of provisions that should have been embodied only in implementing statutes to be enacted by the legislature. >s f a formal document stating only basi ts. > Inclusion of certain topics that certainly, by any criterion HAVE NO PLACE IN THE CONSTI. :D a 1935 Provisions in re: Executive and legislative ( Revival of the Bicameral Congress) Independence of the Judiciary. They can decide on political questions originally beyond their jurisdiction. b. 1973 Provisions in re: ConCom and Local Gov't = Bill of Rights have been bolstered. SUPREMACY OF THE CONSTITUTION Basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. ~ No act shall be valid, however noble the intentions, if it conflicts with the constitution. STATE a community of persons, more or less numerous, permanently occupying a definite portion of territory, possessed of an independent gov't organized for political ends to which the great body of inhabitants render habitual obedience. IN VS. GOV'T VS, NATION> Actually consist of several states; Racial or ethnic concept. Ex. 1, Arab Nation ( Egypt, Iraq, Saudi, etc) 2. USA/UK (one state composed of several nations) State Legal concept Government only an element of the State; State is the principal, Gov't is only an agent; State itself is an abstraction, it is the gov't that extemnalizes the state and articulates its will, Administration-> group of persons in whose hands the reins of the gov't are for the time being ‘Transitional whereas Government is permanent. ELEMENTS: (People, Territory, Gov't. and Sovereignty) Note: BANGSAMORO MOA. “Associated State” > Unconstitutional. The concept presupposes that the associated entity (BJE) is a state and implies that the same is on its way to independence. ‘A. PEOPLE inhabitants of the state = No legal requirement. “Numerous enough to be self-sufficing and to defend themselves and small_enough to be easily administered and 3 B. TERRITORY fixed portion of the surface of the earth inhabited by the people of the stat. ~ PRACTICAL requirement. “Neither too big as ‘too _small_as to be unable to provide for the needs of the population. 1. Terrestrial Domain Land Mass 2. Maritime/Fluyial Domain Internal and External Waters 3. Aerial Domain Air space above L & W. Basis: NATIONAL TERRITORY. Art I of the 1987 PhilCon NOTE: This article deleted the reference to the territories we claim “by historical right or legal title” BUT THIS DOES NOT MEAN an outright or formal abandonment of such claim, which was best left to a judicial body capable of passing judgment over the issue. > The definition of the baselines of the territorial sea of the PH Archipelago (RA 5446) is w/o prejudice to the delineation of the territorial sea around thetertitory of Sabbah, over wie the PH has acquired dominion and sovereignty. (Sabbah Historic right or legal ttle) xx The waters around, b/w, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the PH” xx (Archipelago doctrine) We connect the outermost points of our archipelago with straight baselines and consider all the waters enclosed thereby as internal waters ‘The entire archipelago is regarded as one integrated unit instead of being fragmented into so many thousand islands, As for our territorial seas-> now defined according to Jamaica Convention on the Law of the Sea, UNCLOS I->Codified among others, the “sovereign right of States parties over their territorial sea, the breadth of which, however was left undetermined, and which served as basis for the passage in 196lby Congress of RA 3046 “ demarcating the maritime baselines of the PH as an archipelagic State” 1984 PH ratified UNCLOS III, which among others “prescribe the water-land ratio, length, and contour of baselines of archipelagie states, like the PH. Consequently, Congress amended RA 3046 by enacting RA 9522, which it was believed would make RA 3046 “complaint” with the provisions of UNCLOS III in so far as the determination of the preseribe the waterland ratio, length, and contour of baselines of our archipelago is concerned . GOVERNMENT Agency or instrumentality through which the will of the state is formulated, expressed and carried out, From the viewpoint of Int'l law-> No required form of gov't, provided only that the gov't is able to represent the State in its dealings with other states, Constitution Our government has democratic and republican state Whatever good done by the gov't is attributed to the State but every harm inflicted on the people is imputed not to the State but to the gov't alone, Such injury may justify the replacement of the govt by revolution, theoretically at the behest of the State, in a development known as DIRECT STATE ACTION. to be + EUNCTIONS a. Constituent-> The very bonds of society and are therefore COMPULSORY. b. Ministrant-> undertaken to advance the general interest of society, such as public works, charity and regulation of trade and industry. OPTIONAL. - To our SC, the distinction b/w constituent and ministrant functions is not relevant. It is NOW OBLIGATORY on the State to promote social justice * DOCTRINE OF PARENS PATRIAE- “Guardian of the rights of the people” Govt of the Philippine Islands vs, Monte de Piedad= Money collected were never distributed and instead deposited with defendant bank. An action for recovery was filed later by the gov't. Defendant bank questioned the competence of the plaintiff, contending that the suit could only be instituted by the beneficiaries themselves! heirs, The state can file the case for the State as parens patiae in representation of the legitimate claimants. Cabanas Vs. Pilapil- Gov't acting for the state as parens, patria chose the mother of an illegitimate child as, against his uncle to be the trustee of the insurance proceeds left him by his father, who had expressly designated the uncle. Soriano vs. Laguardia- Suspension of religious television program. Necessity of protecting the children from unprotected speech De la cruz vs. Gracia- SC allowed the registration of an illegitimate child using the surname of his deceased father, declaring that it is the policy of the FC to liberalize the rule on the investigation of the paternity and filiation of children, especially of illegitimate children, © DEJURE AND DE FACTO GOVERNMENTS = Regardless of their form, gov'ts are either de jure or de facto. A. De jure government has rightful title but no power of control, either because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof. B. De facto government is a government of fact, that s, it actually exercises power or control_but without legal title. 1. The gov't that gets possession and control of, or usurps, by force or by voice of the majority, the rightful legal government and maintains itself against the will of the latter. 2. That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state.3. That which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of the war, and which is denominated as a government of Paramount force. **Its existence is maintained by active military power fin the territories, and against the rightful authority of an established and lawful gov't, They are obeyed in civil matters by private citizens who, by acts of obedience rendered submission to such force, do not become responsible, as wrongdoers, for those acts though not warranted by the laws of the rightful gov't +*#In re: Corazon Aquino Regime, The people accepted the gov't of PresCOn which is in effective control of the entire country so that it is not merely a de facto gov't but in fact and law a de jure gov't, Moreover, the community of nations “has recognized the legitimacy of the present gov't D. SOVERI TY supreme and uncontrollable power inherent in a State by which the State is governed. 1, Legal S> authority which the power to issue final commands. > Congress 2. Political S. > Power behind the legal sovereign, or a sum of the influences that operate upon it. > Different Sectors that mold PUBLIC OPINION 3. Internal Control its domesti affairs 4. External> Direct its relations with other states. “INDEPENDENCE” © CHARACTERISTICS> (ICE PA! Imprescriptible, Inalienable, Indivisible. Comprehensive, Exclusive, Permanent, Absolute EFFECTS: A. S. is not suspended although ACTS OF SOVEREIGNTY cannot be exercised by the legitimate authority = S. over the PH remained with the USA during the Japanese Occupation of our country although the Americans could not exercise control over the occupied territory at the time. ~ What the Belligerent Occupant took over was onlly the exercise of the Acts of Sovereignty. 1. There being no change of sovereignty during Belligerent Occupation, the POLITICAL LAWS of the occupied territory are merely SUSPENDED, subject to REVIVAL under the JUS POSTLIMINUM upon the end of occupation MUNICIPAL LAWS (Non-political laws) are deemed continued unless changes by the Belligerent Occupant since they only govemed private relations and are not generally affected by the changes in regimes or rulers. ‘The rules suspending political laws affects only the civilian inhabitants of the occupied territory and is not intended to bind the enemies in arms, ~ RUEFY VS. CHIEF OF STAFF > Members of the Armed Forces continued to be covered by the National Defense Act, Articles 1 of War and other laws relating to the Armed Forces during the Japanese Occupation, = (LAURELVS. MISA\ > The rules suspending political laws does not apply to LAW ON TREASON although political in character. Belligerent ©, has no power to suspend the operation of the law of treason, essential for the preservation of the allegiance owed by the inhabitants to their legit gov't or compel them to adhere and give aid or comfort to him; BECAUSE IT IS EVIDENT THAT SUCH ACTION IS NOT. NECESSARY FOR THE CONTROL OF THE INHABITANTS OR THE SAFETY AND. PROTECTION OF HIS ARMY- Because it is tantamount to practically transferring temporarily to the occupant the allegiance to the titular gov't Judicial Decisions, valid during the occupation and even beyond except those of a political complexion, which are AUTOMATICALLY ANNULLED upon the restoration of the legitimate authority ~ Person convicted of a political crime shall be released Where there is CHANGE OF SOVEREIGNTY, political laws of the former sovereignty are not ‘merely suspended BUT ABROGATED ipso facto unless they are retained or re-enacted by the positive act of the new sovereign. - MUNICIPAL LAWS (Non-political laws) are deemed continued unless changes by the Belligerent Occupant since they only governed private relations and are not generally affected by the changes in regimes or rulers UNLESS they are changed by the new sovereign or contrary to its institution. ACT OF STATE, - Act done by the sovereign power of a country, or its delegates, within the limits of the power vested in him. = It cannot be questioned or made the subject of legal proceeding in any court of law.> With reference to POLITICAL LAW: = Act of State are those acts done by the Political Department of the Gov't and not subject to judicial review. Ex. President's exercise of Diplomatic power. (CHAPTER 4- The Doctrine of State Immunity. “The State cannot be sued without its consent” (PhilCon, Art 16, Sec 3) = Merely a recognition of the Sovereign Character of the State and an express affirmation of the unwritten rule insulating it from the jurisdietion of the courts of justice. JUSTIFICATIONS: (non-suabi Justice Holmes: “There can be no legal right against the authority which makes the law on which the right depends” - It will divert the time and resources of the State from the more pressing matters demanding its attention, to the prejudice of the public welfare = Also available to foreign states in so far as they are sought to be sued in the courts of the local state (Public International law) > Another basis: Sovereign Equality of States “Par in parem non habet imperium”- one state cannot assert jurisdiction over another. = A nnecessary consequence of the principles of independence and equality of States Exceptions: FS may sued in the Host States. 1. FS may be sued in the host state if ENGAGED REGULARLY therein in a business or trade; or 2. Even if not so engaged, on the basis of its contract in the host state which may be considered as purely commercial, private and proprietary acts (jus gestionis), BUT not with respect to contracts entered into by it as governmental or sovereign acts (jus imperri). Jus imperri> Not absolute. Exercise of Power of Eminent Domain , No payment of JC FOR CLARITY: 2 scenarios where a state may be said to have descended to the level of an individual and can thus be deemed to have tacitly given its consent to be sued only when it enters into business contracts a. FS engaged in the activity in the regular course of business. (Automatic: The mantle of immunity shall be deemed to have been waived) b. Enters imto a contract AND the character of the contract is purely commercial, private and proprietary. Hence: The fact the the FS enters into a contract with a private party in the host state would not necessarily result in the waiver of its sovereign immunity. The character of the said contract would ill need to be determined. © NOTE: Not any agency of a foreign state may properly invoke the latter's sovereign immunity to ward suit against it a. Even if the ageney contends that it performs gov't functions. Such designation (Primary contractor) does not automatically grant it immunity. > Presumption: GOCC therefore can be sued and sued in the absence of evidence to the contrary (that it enjoys the immunity from suit accorded to its parent country) APPLICATION OF THE DOCTRINE: Actions are rarely instituted directly against the Republic of the PH, presumably because such a step will provoke resort to the doctrine of State Immunity and possible dismissal of the complaint for lack of jurisdiction So, the usual practice is to file such claims not against the State itself but, so as to avoid the appearance of its involvement, AGAINST THE OFFICER of the government who is supposed to discharge the responsibility or grant the redress > Itis important then to determine if the STATE IS THE REAL PL, that is, that the claim if proved will be a direct liability of the State and not merely of the officer impleaded. IF THIS IS SHOWN, the action can be dismissed as a suit against the state unless immunity has been previously waived. a. Garcia vs. Chief of Staff> itis a suit against the state since it would need the appropriation of public funds to satisfy the judgement if the claim were allowed. b. Sanders vs. Veridiano> 2 american employees of the Subic Naval Base sued its superior for damages. > ACTED IN BEHALF OF THE GOV'T and win the scope of authority. - Hence, award will have to be satisfied by the gov't and not by the petitioners personally. This will require the appropriation of necessary amount to cover the damages, making the suit against the gov't without its consent. - DISMISSED!. UP vs, Dizon-> An award against the petitioner would require an appropriation by Congress considering that such monetary liabilities were not covered by the appropriation earmarked for said project . Ruiz vs. Cabahug> Action against Sec. of National Defense in his official capacity for payment of Archi’s PF for which AN APPROPRIATION HAD ALREADY BEEN MADE. As far as the State is concerned, it had already discharged its obligation and since actual payment was now the sole responsibility of the defendant, the action was therefore properly against the defendant ONLY. - PUBLIC OFFICIAL CAN BE SUED IN HIS OFFICIAL CAPACITY WITHOUT _ THE NECESSITY OF FIRST OBTAINING THE SEN: T ULTIMATE TEST: D Assuming the decision is rendered against the Public officer, enforcement thereof will require an AFFIRMATIVE ACT FROM THE STATE, such as an appropriation of the needed fund to satisfy the judgement. Yes= against the state and its inclusion as party defendant is necessary. No= PO himself can alone comply with the decision of the court w/o the necessity of IF ACTED W/O or in excess of jurisdiction> Any injury caused by him is his personal liability, & cannot be imputed against the state NOTE! DFA is the only authority to make a determination of immunity from suit ( Determination that s state/instrumentality is entitled to sovereign! diplomatic immunity) although the court would not be precluded from making an inquiry into the intrinsic correctness of such certificate. > Such determination is a POLITICAL QUESTION. Hence, where the plea of immunity is recognized and affirmed by the executive branch, itis the duty of the courts to accept this claim so as not to embarrass the gov't in conducting the country’s foreign relations, WAIVER OF IMMUNITY> “Royal prerogative of dishonesty” D State gives its consent. State, may divest itself of thereby voluntarily open > EXPRESS or IMPLIED a. Express manifested through a GL! SL A= GENERAL LAW 1. Act No. 3083- “ The gov't of PH Islands hereby consents and submits to be sued upon any moneyed claim involving liability arising from contract, express or implied, which could be serve as basis of civil action b/w private parties 2. CANo. 327 as amended by PD 1445- a claim against the govt must first be filed with the Commission on Audit, which must act upon it win 60 days. Rejection of the claim will authorize the claimant to elevate the matter to the SC on certiorari and in effect sue the State with its consent Ex. Writs of Execution (money claims against gov't) 2. SPECIAL LAW > The express consent of the state to be sued must be embodied in_a duly enacted statue and may not be given by a mere counsel of the govt(Republic v. Purisima) - The waiver of the counsel is not binding upon the state. Incidentally, where the defendant is the RP, service of summons must be made on the SolGenm, > Amigablev._Cuenca (Nonpayment _of JC - The doctrine cannot be used to perpetuate injustice on a citizen. When the gov't takes private property for public use, conditioned upon the payment of JC, to be judicially ascertained, it_makes manifest that it submits to the : . cannot be properly invoked even though the exercise Santiago vs. Republic (Suit did not involve money claim against the state: Revocation of Donation). = Suit could proper. b. Implied 1. State commences litigation A, When the state itself files a complaint, the defendant is entitled to file a counterclaim against it a. Eevilanv. Pan Oriental Shipping Co, = Gov't filed a complaint in intervention fr the purpose of asserting an affirmative relief: recovery of vessel 5, Lim v. Browmwell. Gov't as successor-in-interest Of the US to the properties claimed from the latter filed a complaint in intervention, joined the defendant in invoking the doctrine of immunity to secure the dismissal of the action. - Since in this case the gov't was not asking for any affimative relief but had intervened only for thepurpose of resisting his claim= No implied waiver 2, Enters into a (commercial/private/proprietary) a. Republic v. Sandiganbayan- State is then deemed to have divested itself of the mantle of immunity and descended to the level of the ordinary individual. Having done so, it becomes subject to {judicial action and processes. ‘© Note: When the state gives its consent to be sued, it does not thereby consent to the execution of the judgment against it. (RP vs. Villasor) Such execution will require another waiver, lacking of which the decision cannot be enforced against the State. “Public funds cannot be the object of garnishment proceedings even if the consent to be sued had been previously granted and the state liability adjudged. The power of the courts ends when the judgment is rendered, since government funds and Properties may not be seized under writs of execution/ garnishment to satisfy such judgments, is based on obvious considerations of public policy. Disbursements of public funds must be wresponding appropriation tC Ps Highways vs. San diego) ¢ (UP¥. Dizon) SC emphasized the fundamental rule that gov't properties are not subject to levy and execution: = “A distinction must be made b/w gov't funds and properties for public use and those not held for public use. ‘a. Properties held for public uses- not subject to levy and sale under execution. The same rule applies to funds in the hands of a Public officer and taxes due to. a municipal ‘corporation. b. Properties owned by Municipal corporation in its proprietary capacity, property not used for public purpose but for quasi private purposes= Subject to execution. & Property held for public purposes is not subject to execution merely because it is temporarily used for private purposes. If the public use is wholly abandoned, such Property becomes subject to execution. contract SUIT AGAINST GOVERNMENT AGENCIES: = Where suit is filed not against the gov't itself or its officials BUT AGAINST one of its ENTITIES, it must be ascertained WON the State, as the principal that may ultimately be held liable, has given its consent to be sued. 17 Ascertain first WON the agency impleaded is INCORPORATED OR UNINCORPORATED. a. Incorporated-> Has a charter of its own that invests it with a separate juridical personality. (SSS/UP/City of Manila) Effect: The test of its suability is found in its charter. If its charter says so, this is true regardless of functions itis perftcml Ex, Municipal Corporations (Provinces and Cities). - They are agencies of the state when they are engaged in gov't functions and therefore should enjoy the sovereign immunity. Nevertheless, they ‘are subject to suit even in the performance of such functions because their charter provided that they can sue and be sued b. Unincorporated no separate juridical personality but is MERGED in the general machinery of the gov't (DOJ, Bureau of Mines) Effect: Since it has no charter and therefore has no separate juridical personality, any suit filed against it is necessarily an action against the Philippine Gov't of which it is part. = This being so, it is necessary to determine the NATURE of the functions in w/c the agency is engaged, so as to hold it suable if they are proprietary and not suable if they are governmental. ~ Also, the non-suability of the State is available to the agency even if it shown that it is engaged not only in gov't functions but also, as a SIDELINE, or INCIDENTALLY, in proprietary capacity. (Necessary incident to its primary function) EXEMPTION FROM LEGAL REQUIREMENTS: 1. Not required to put up a bond, or an appeal bond since it can be assumed that it is ALWAYS SOLVENT, GR: This exemption does not apply to GOCC’s because they have legal personality distinet from their shareholders. Thus, while their majority SH, the state, will always be presumed solvent, such exemption does not extend to the GOCC itself. Exemption: When the GOCC becomes a gov't machinery to carry out a decared gov't policy, it becomes similarly situated as its majority SH as there is the assurance that the gov't will necessarily fund its primary functions. 2. Cannot be generally asked to pay the legal fees prescribed in the RC or the cost of the suit. (LBP in the performance of its gov't function in agrarian reform proceedings= exempt)Exemption: National Power Corporation and GSIS are not exempt from paying filing fees. 3. Interest is also not chargeable against it except when it has expressly stipulated to pay it or when the interest is allowed by an act of the legislature or in eminent domain cases where damages sustained by the owner take the form of interest at the legal rate. 4, Statutes of Limitation do not run against the State unless the contrary is expressly provided by law. Except: State is engaged in private business SUABILITY VS. LIABILITY ~The mere fact that the State is suable does not ‘mean that itis liable. Waiver of immunity does not mean concession of its liability, when, therefore, the State allows itself to be sued, all it does in effect is to give the other party an opportunity to prove, if it can, that the state is liable Ex. Municipal corporations are suable because their charters grant them the competence to sue and be sued. Nevertheless, they can only be held liable if it can be shown that they were acting in @_proprietary capacity when the tort was committed. es 2, PhitCon) - Lay down the rules underlying our system of government and must therefore be adhered to in the conduct of public affairs and the resolution of Dublic issues. - Objective and limitations of governmental action in pursuit of the general goals announced in the Preamble, - SC considered some of the provisions as “mere legislative guides, which absent enabling legislation, donot embody enforceable constitutional rights” (non-self executing) Examples: Sec_5 - maintenance of peace and order Sec 18: labor as primary social and economic force Sec 4- citizens may be required to render personal military or civil service “under conditions provided by aw” Sec_26- a clear policy against political dynasties, Guarantees equal access to opportunities for public service. However, the definition of ‘political dynasties” has been left to Congress, which, to date, or more than 2 decades after the present constitution became effective, has been unable, or unwilling, to implement this clear constitutional policy. > As the SC have pointed out, there are some provisions in the Consti that need not even have to be written therein. > By contrast, “the gov't cannot point to the absence of an implementing legislation as an excuse in not effecting such policy”. PREAMBLE ~ Unlike in the 1935 Consti, the present consti is not ‘couched in the 3 person but in the 1% > Deepen the sense of involvement and participation in the promulgation of the consti. > Nota source of substantial rights since its purpose is only to introduce the constitution, > However, its function is not merely rhetorical as, in the first place, it serves to indicate the authors of the consti, to wit, “we the sovereign Filipino people” = It enumerates the primary aims and aspirations of the framers and are also helpful as an AID in the construction and interpretation of the consti = It makes reference to an “Almighty god”. (Vast majority of the Filipino people believe in an almighty god) > Certain sectors finds this to be inconsistent with the policy of separation of church and state and the establishment clause and somehow lessens the significance of the provisions of Art 6, Sec 29, which prohibits appropriations for sectarian purposes, > The constitution grants tax exemptions to religious institutions and allows optional jous instruction in our public schools and even full foreign ownership of religious schools > Prayers preceding or marking gov't activities- Some consider this as offensive to religious freedom, which includes freedom not to believe - Estrada v. Escritor- respondent cohabited with a person other than her husband. Such arrangement was sanctioned under here religion > SC: Dismissed the suit invoking “benevolent neutrality approach” which gives room for accommodation of religious exercises as required by the FREE EXERCISE CLAUSE. A clear exercise of her fundamental right to freedom of religion Paper © Deviation of the circumstances. of their marriage from usual societal pattern cannot be considered as a defiance of contemporary social mores. (Chua-Qua vs. Clave)REPUBLICANISM Sec 1. “The PH is a democratic AND republican state. Sovereignty resides in the people and all government authority emanates from them = Every citizen is an individual repository of sovereignty. The citizenry and not the officialdom is recognized as the origin, and therefore also the_restriction. of all_gov't authority - Accords citi aflairs of the gov't > Right to interfere in the affairs of the gov't and challenge any act tending to prejudice their interest Initiative. Referendum, Plebiscite = Directly propose and enact laws or approve or reject any act or law or part thereof passed by Congress or local legislative body. (Act 6, Sec 32) = Directly propose amendments to the constitution on initiative, (Art 17, See2) ight to information (Health of the pres) ‘ight to file cases questioning the factual bases for the suspension of the privilege of HC or declaration of ML. Republic a representative gov't, a gov't run by and for the people. The essence of republicanism is representation and renovation, the selection of the citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf, serving for a limited period only, after which they are replaced or retained at the option of their principal as a public trust and shall, according to the constitution, “be accountable to the people” = “Ours is a gov't of law and of men”. No one is above the law; all must bow to its majesty. D While sovereign powers are delegated to the agencies of gov't, sovereignty itself’ remains with the people, by whom and for whom all gov'texists and acts, (Vick Wo v. Hopkins} - Nobility of intention is insufficient to vatidate an unauthorized act (Villavicencio v. Lukban) > Mayor deported 170 prostitutes from Manila to Davao in his desire to protect morals and health. SC condemned his act since there is no Taw or even an ordinance authorizing his act. - It is not a pure democracy where the people govern themselves directly. ‘THE DEFENSE OF THE STATE Sec 4. The prime duty of the gov't is to serve and Protect the people. The gov't may call upon the people to defend the State and, in fulfillment thereof, all citizens may be required, under the conditions provided by law, to render personal military or civil service. = By virtue of this right, @ State may take up all necessary effort to repel any threat to its security Relate to: National Defense Act (CA No. 1), “Armed forces of the PH shall be composed of a citizen armed forces which shall undergo military training and serve, as may be provided by law. COMPULSORY MILITARY SERVICE. =. It does NOT VIOLATE the constitution. The right of the gov't to require CMT is a necessary consequence of its duty to protect and defend the State and is reciprocal with its duty to defend the LLP of the citizen THE INCORPORATION CLAUSE See 2. “The Ph renounces war as an instrument of national policy, adopts the generally accepted = principle 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”. Mem of the FAMILY OF NATIONS= bound by the generally accepted principles of IL, which are automatically considered as part of the law of the land, (Doctrine of Incorporation) > Effect: Application of rules of IL although they had not been previously converted into statutory enactments. A. Pharmaceutical and Health care assoc. vs. Health Secretary - IL can become part of the DL. either by transformation or incorporation, 1. TRANSFORMATION > IL be transformed into DL through a constitutional mechanism such as local legislation. Example: a. Treaties (Pursuant to Art 7, Sec 21) “No treaty shall be valid and effective unless concurred in by ~ It must go through a process prescribed by the Constitution for it to be transformed into municipal law. (CORPORATION By mere constitutional declaration, IL is deemed to have the force of DL. a. Mijares vs. Ranada- “generally _accepted principles of IL, by virtue of the incorporation law form part of the laws of the land EVEN IF THEY DO NOT DERIVE FROM — TREATY OBLIGATIONS”. Examples a. Renunciation of war as an instrument of national policy.* is NOT W: “the existence of a state_of war” presumably commenced’ provoked by the enemy state ‘b, Prineiple of sovereign immunity ¢ Pacta sunt servanda (Meaning, although PH is not a signatory to a particular treaty/ international agreement, it may still bind the PH if the same is embodied GAP of 1) © Incase of conflict b/w IL and ML: 1. HARMONIZE 0 as to give effect to both. For this purpose, it should be presumed that ML was enacted with proper regard for the GAP of IL. 2, IRRECONCILABLE. a. Ichong v. Hernandez: (Invalidation of Retain trade Nationalization Act>Ground: contravene several treaties concluded by us which, under the rule of pacta sunt servanda, a GAP of IL should be observed by us in GF. > It is the statute that should be upheld because it represented an exercise of the police power of the state which, being inherent, could not be bargained away or surrendered through the ‘medium of a treaty. b. Magalona v. Ermita (Necessity of the passage of RA 9552, which provided for NEW BASELINES for our archipelago, considering the permissive text of UNCLOS III, on which said law was based) = SC ruled in favor of the law. kt would actually be more beneficial for the PH to have “internationally accepted baselines” or baselines complaint with the provisions of UNCLOS IIL Nevertheless, the prerogative of choosing this option belongs to Congress, not to this Court. = Absent an UNCLOS III complaint baselines law, an archipelagic state like the PH will find itself devoid or internationally accepted baselines from where the breadth of its maritime zones and continental shelf is measured. The enactment of UNCLOS III complaint baselines law for the PH and adjacent areas, as embodied in RA 9552, allows an internationally recognized delimitation of the breadth of the PH maritime zones and continental shelf. (Safeguard our maritime zones) e. Bayan_Muna_y. Romulo (Stipulation ina treaty/EA providing for a State with the OPTION to waive its criminal jurisdiction over foreigners who comit crime wiin its territory IS NOT ABDICATION OF ITS SOVEREIGNTY. = By virtue of the doctrine of incorporation, a portion of a state’s sovereignty may be waived w/o violating the constitution, Such waiver does not amount to an unconstitutional deprivation of jurisdiction of PH Courts, = Treaty has greater dignity than an EA; a ratified treaty, unlike an EA takes precedence over__any PRIOR __ STATUTORY. ENACTMENT. REARING OF THE YOUTH. Sec 12. “The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.” It shall equally protect the life of the mother, and the life of the unborn from conception. The natural and primary right and duty of the parents in the rearing of the youth for civil efficiency and the development of moral character shall receive the aid and support of the govt. *** ~ *Better home, the better the nation. It is in the family where children are born and molded either to become useful citizens of the country or troublemakers in the community. > Itis not closing the door on divorce, which is left for the legislature to allow in its discretion. = *#Seems to suggest a policy against abortion. » Unbom child: dependent; Child:unborn fetus from the mother’s womb. = ***State intervention> Police power: During the child’s formative years, through the school where it is under the supervision and regulation of the state See 13. “The state recognizes the vital role of the youth in nation building*, and shall promote and protect their physical, moral, spiritual, intellectual and social well-being** It shall indicate in the youth patriotism and nationalism and encourage their involvement in public and civie affairs” = *Responsibility, maturity and competence of the youth in the discussion and solution of Public issues-> vital force in nation building - *Prepare them when they assume their responsibility of leadership WOMEN = RA 9262 VAWC law. — Unconstitutional for violating EPC? NO. “The unequal power relationship b/w man and women and the fact that women are more likely than men to be victims of violence, not to mention the widespread gender bias and prejudice against women as basic distinctions bw men and women which justify the “classification under the law” (Garcia vs. Drilon: 201)“$1 is not only meant to favor the poor. They apply with equal force to those who, notwithstanding their more comfortable position in life, are equally deserving of protection from the courts. SI is not a license to trample on the rights of the rich in the guise of defensing the poor, where no act of injustice or abuse is being committed against them” (Adriano . Tanco: 2010) = One cannot invoke SI at the expense of the common welfare. (Petitioner's refusal to leave the subject property has hindered the development of the entire area) = SI is not intended to countenanced wrongdoing simply because it is committed by the underprivileged. At best it may mitigate the penalty but it certainly will not condone the offense. Those who invoke SJ may do so only if) their hands are clean and and not simply because they happen to be poor. “SJ is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception my at least be approximated, “Salus populi est suprema lex"- (Calalang x. a ‘SEPARATION OF CHURCH AND STATE See 6. “The separation of church and state shall be inviolable” - “Strong fences make good neighbors” delineate the boundaries b/w 2 institutions and thus avoid encroachments by one against the other because of @ misunderstanding of the limits of their exclusive jurisdictions. = The doctrine cuts both ways. It not only the state that is prohibited from interfering in purely ecclesiastical affairs; the Church is likewise barred from meddling in purely secular matters The wall of separation bw church and stare IS NOT A WALL OF HOSTILITY. The State in fact recognizes the beneficial influence of religion in the enrichment of the nation’s life. = “Union of Church and State tends to destroy the gov't and to degrade religion, = Courts “must respect and cannot review” matters that may religious color and are therefore ecclesiastical affairs”, including a _church’s disconnection of its ties with another entity SUPREMACY OF CIVILIAN AUTHORITY, See 3. Civilian authority is. at all times. supreme aver the military. The AFP is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. = Although implicit in a republican system of govt, this provision is necessary in order to allay all fear of a military takeover of our civilian gov'. Relate: Art 7, Sec 18, “ President, who is a civilian official shall be the commander-indchief of all the AEP”. > Net effect of Art 2, Sec 3 and Art 7, Sec 18. > President is the ceremonial, administrative and legal head of the AFP. He is the nation’s supreme military leader. LOCAL AUTONOMY: “The State shall ensure the autonomy of local gov'ts Jeffersonian view: Municipal corporations are the small republics from which the great ones derives its strength > Inhabitants will develop its own local resources and thereby contribute to the progress of the whole nation, > Involvement in the direction of public affairs as member of the body politic NOTE: LOCAL AUTONOMY IS NOT INDEPENDENCE. ECONOMY- (471 2, Sec 19-20-21) Sec 19. The state shall develop a self-reliant and independent national economy_effectively controlled. by Filipinos Sec 20. The state recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments, Sec 21. The state shall promote comprehensive rural development and agrarian reform 1. Art 12, see 10, which basically gives the Congress the discretion to reserve to Filipinos certain areas of investments; = It ean enact laws allowing entry of foreigners into certain industries not reserved by the Constitution to Filipino Citizens. a Espina x. Zamora Constitutionality of Retail ‘Trade Liberalization Act, which allowed foreigners to engage in retail trade in our country. Cited the case of: Tanada v. Tuvera. “The provisions of Art II of the 1987 constitution ARE NOT SELF EXECUTING, legislative failure to pursue such policies cannot give rise to a cause of action in the scours.Art 12 of the 1987 Consti- ECONOMIC > It does not impose a policy of Filipino monopoly of the economic development. The objective is simply to PROHIBIT FOREIGN, POWERS/INTEREST from maneuvering our economic policies and ensure that Filipinos are = Congress open certain areas of the retail trade business to foreign investments instead of reserving them exclusively to Filipino citizens, RA 8762 at some point lessens the restraint on the foreigners’ right to property or to engage in an ordinarily lawful business, it cannot be said that the law amounts to a denial of the Filipinos’ right to property and to due process of law. Filipinos continue to have the right to engage I the kinds of retail business to which the law in question has permitted t entry of foreign investors. (Hence, no vio of consti) 2. Art 12, sec 11, which reserves franchises for public utilities to citizens of the PH or to corporations or associations organized under the laws of the PH, at least 60% of capital is owned by such citizens. 4. Gamboa », Finance Secretary-> ‘Term “capital” refers to shares of stock entitled to vote.( Common shares unless preferred shares also have VR) = 60%- Both the legal and beneficial title must rest in the hands of Filipino nationals 4. Art 12, sec 12, use of Filipino labor, domestic materials and locally produced goods and adopt measures that help them make competitive MISCELLANEOUS PROVISIONS (sections 15-17; 22-24, 26-28) 1, Sec _18 (healthy & See 16 (balanced and healthful ecology) “need not even be written in the consti for they are ASSUMED TO EXIST from the inception of humankind. 2. Sec 28 (full public disclosure involving public jerest) SELF EXECUTING PROVISION. It compliments the right to access to information on matters of public concern found in the Bill of Rights. It recognizes the duty of the officialdom to give information even if nobody demands it 3. Sec 22. (rights of indigenous cultural communities) Province of North Cotabato v. Gov't of the RP Peace panel on Ancestral Domain- SC annulled the MOA establishing BANGSAMORO JURIDICAL ENTITY as.an “associated state” > The act of placing a portion of the PH territory in a status which, in international practice, has, ‘generally been a preparation for independence, is NOT CONDUCIVE TO NATIONAL UNITY. > Indigenous people situated w/in states do not have ‘a general right to independence or secession from those states under IL, BUT they do have rights amounting to what was discussed above as right to internal self determination. Right to Self-determination> Right of the state to FREELY DETERMINE their political, economic, social and cultural development. a. Internal self-determination> « people’s pursuit of its political status and freely pursue their economic, social and cultural development within the framework of an existing state b. External Self-determination> Establishment of a sovereign and independent state, the free association or integration with an independent state or the emergence into any other political status freely determined by a people 4. Section 23 (Non- governemental, community based, or sectoral organizations) 5. Section 26 (equal access to public service and ical dynasties); Sec 27 (honesty measures against graft and corruption) are to be read in relation to Art II, on Accountability of Public Officers, The 3 branches must discharge their functions w/in the limits of authority conferred by the Consti. Neither the Congress, the President, nor the Judiciary MAY ENCROACH on fields allocated to the other branches - SC characterized the resolution of by the Electoral Tribunals of election contests as “essentially an exercise of judicial power” although “subject to judicial review- via a petition for certiorari filed by the proper party- if there is a showing that the decision was rendered with GAD tantamount to lack or excess of J INTERDEPENDENCE and NOT INDEPENDENCE. > While it is desirable that there be a certain degree of independence among them, it is not in the public interest for them to deal with each other at arms length or with hostility as this might result in frustration of common objectives of the gov't PURPOSE - Prevent a concentration of authority in one person or group of persons that might lead to_anirreversible error or abuse to the detriment of ur republican institutions, = It ordains that each of the 3 great branches of the gov't has EXCLUSIVE cognizance of and is SUPREME in matters falling within its constitutionally allocated sphere. Effect 1. Legislature enactment of laws and may not enforce/apply them 2. Executive> enforcement but may not enaclapply 3. Judiciary> application of laws and may not enaet or enforce them. = Courts cannot limit the application of a law/ impose conditions not provided therein. To do so, “JUDICIAL LEGISLATION”. BLENDING OF POWERS When powers are not confined exclusively within 1 ddep’t but are in fact SHARED by several departments, In effect, they may better collaborate with and, in the process, check each other for the public good. Effeet: Difficulty in classifying which power is definitely L-E-t. Ilustration_# 1: Preparation of the GENERAL APPROPRIATIONS LAW. > Begins with the preparation by the president of the budget, which becomes the basis of the bill adopted by the Congress and subsequently submitted by it to the president, who MAY approve it Ilustration #2: Grant of Amnesty by the President. > Requires the concurrence of a MAJORITY of all members of the CONGRESS (Senate + House) Ilustration_# 3: COMELEC docs _not_ALONE deputize law enforcement agencies and instrumentalities of the gov't for the purpose of honest and peaceful election BUT with the CONSENT of the PRESIDENT. CHECKS AND BALANCES Compliments doctrine of SP. By means of which, one department is allowed =~ to. RESIST. ENCROACHMENTS upon its prerogatives or to RECTIFY MISTAKES OR EXCESSES committed by other departments, = System of Counteraction. ~ Ends of the gov't are better achieved through the exercise by its agencies of only the powers assigned to them, subject to the reversal in proper cases by those constitutionally authorized. Illustration # 1: Lawmaking power of the Congress is checked by the President through his VETO power, which in tum may be overridden by the legislature (Parties: Leg-Exee) Illustration_# 2: Congress may refuse to give concurrence to an amnesty proclaimed by the President and the Senate to a treaty he has concluded. (concurred (Parties: Leg-Exee) Illustration # 3: President may nullify a conviction in a criminal case by pardoning the offender, (Parties: Exec- Jud) lustration # 4: Congress may limit the jurisdiction of the SC and that of inferior courts and even abolish the latter tribunals. (Parties: Leg-Jud) Illustration # S: Judiciary in general, has the power to declare invalid an act done by Congress, President and his subordinates, or ConCom. (Parties: Jud-Leg-Exec) ROLE OF THE JUDICIARY While it is the Judiciary which sees to it that the constitutional distribution of powers among the several departments is respected and observed, it does not. mean that it is SUPERIOR to the other departments. What itis upholding is NOT its OWN supremacy, but the SUPREMACY OF THE CONSTITUTION. DUTY #1: Ascertain WON a given power has been validly exercised by a particular dep’. CONSTITUTIONALLY conferred upon the department, claiming its exercise? Yes? Exercise sustained. a._Conferment of power is usually done expressly. Legislative: Congress; Executive: President; Iudiciary: SC. As may be readily noticed, there is ‘no problem as to the validity because they naturally pertain to the agencies in which they hhave been reposed. > BUT this is not always the case!!! lustration # 1. POWER TO IMPEACH, essentially executive, and the power to try and decide impeachment cases, essentially judicial, ARE expressly lodged in the CONGRESS, as so too is the power of investigation which is more exe or judi than legi. Illustration # 2, SC can exercise the executive power of removal over judges of inferior courts although appointed by the president. (Consti permits it) istration # 3. President may be authorized by Congress to exercise tariff powers and emergency powers, both of them legislative in nature. . (Consti permits it)b, By Doctrine of Implication, “The grant of express power carries with it all other powers that may be reasonably inferred from it”. Ilustration # 1 Power to punish contempt (essentially judicial) can be exercised by the legis, more so now, that they are vested express POWER TO CONDUCT INVESTIGATION in aid of legislation. _INHERENT/INCIDENTAL Illustration # 1, President, as head of the gov't, may independently of constitutional or statutory authority DEPORT undesirable aliens as an “Act of State”. Ilustration # 2. Congress can punish any person who IMPUGNS its integrity without proof, lustration # 3. Courts may claim contempt power inherent in the judiciary JUSTICIABLE and POLITICAL QUESTIONS Although the power in question hasbeen constitutionally conferred by the consti to the dept claiming its exercise, the power of the judiciary is not yet terminated. Duty #2: Ascertain WON the act in question had been performed in accordance with the rules laid down by the Consti. (PROCEDURAL RULE) > Justiciable Question: Courts can intervene, no encroachment as it is the particular role of the courts to ensure proper observance of the constitution.) Justiciable Question > (Casibang v. Aquino) “A purely JQ. implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law, for said breach if right” > BUT where the matter falls under the diseretion of another department/ people themselves, the decision reached is in the category of a PQ and consequently may not be subject to Judicial R. - Wisdom, efficacy, or practicability of law Congress. = Interpretation of certain provisions of the consti, “other high crimes” as a ground for impeachment. (Congress) * Nor SAME with inition of “betrayal of public trust”, which is among the grounds for impeachment, when invoked by the president in removing a non-impeachable officer, ex. Deputy Ombudsman, pursuant to a statute. mnzales ¥. Office of the President, 2012, “Betrayal of public trust” LESS THAN CRIMINAL but must be ATTENDED BY BF and such gravity and seriousness as the other grounds for impeachment = The legislature could not have intended to redefine constitutional standards of xx betrayal of public trust xx and apply them less stringently, The fact that it have been made statutory ground for the removal by the president of a DO from office cannot diminish the seriousness of their nature nor acuity of their scope. It could not suddenly “overreach” to cover acts that are not vicious or malevolent on the same level as the other grounds for impeachment. DISTINCTION BAW JQ AND PQ. wstration no. _L.Suspension/Expulsion of a member of the Congress, which must be based upon the ground of “disorderly behavior” and concurred in by at least 2/3 of ALL HIS COLLEAGUES. ~ Determination of “disorderly behavior” is a political question but the disciplinary measure may nonetheless be disauthorized if it was supported by LESS THAN the required vote. (Procedural Rule) TANADAy. CUENCO Political Question> question of policy. It refers to those questions which, under the consti, are to be decided by the people in their sovereign capacity; or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the gov't. It is concerned with issues dependent upon the WISDOM, not LEGALITY of a particular measure. SANIDAD v, COMELEC Where the vortex of the controversy refers to the legality or validity of the contested act, that matter is definitely justiciable. What is in the heels of the court isnot the wisdom of the act of the incumbent president in proposing amendments, buts CONSTITUTIONAL AUTHORITY to perform such act or to assume the power of a constituent assembly Whether the amending process confers on the president that power to propose amendments is therefore a downright JQ. If the constitution provides how it may be amended, the judiciary as the interpreter of the consti, can declare whether the procedure followed or the authority assumed is valid/not APPLICATION OF THE DOCTRINE 1. Abueva v, Wood Writ of Mandamus could not be issued against the president to compel him toproduce certain vouchers relative to the expenses ofan official mission, 2. Severino». Governor-General Writ of Mandamus to call a special election though this, duty was imposed on him by law in mandatory language. 3. In re dick> Discretionary power of the Chief Executive to ascertain the necessity for the EXPULSION of an ALIEN for the protection of the national interest. = In ALL CASES, the powers involved were discretionary in the executive and therefore not subject to judicial compulsion Aytona ¥. Castillo-> Appointing Power. Conflict biw the outgoing and incoming president. SC refused to assume jurisdiction on the ground of SP. 5. De ta Llana v. Comelee> SC refused to restrain the HOLDING OF A REFERENDUM= The calling thereof lay in the exclusive discretion of Pres Marcos. 6. Custodio v. Senate President-> Certain provisions of GA law, SC refused to assume J. It affects the wisdom and proprietary of the law. Remedy: Resort to the BAR OF PUBLIC OPINION. 7. Vera v. Avelino> 3 senators were prevented from taking oath via reso of the senate, Went to the SC and alleged that only the Electoral Tribunal had jurisdiction over contests relating to their election. SC refused to assume jurisdiction. Case was not a “contest” and affirmed the inherent right of the legislature to determine who shall be admitted to its membership/punish members, 8 Philippine Coconut Producers Federation v. Republic, “Corollary to the principle of SP is the doctrine of primary jurisdiction that the courts will defer to the decisions of the administrative officers, and agencies by reason of their expertise and experience in the matters assigned to them. 9. Phil. Bar Assoc v. COMELEC. Snap Elections on February 7, 1986 by the Batasang Pambansa is a political question resoluble only by the sovereign electorate IN re: Impeachment Proceeding (ART 2, Sec 3) > Proper committee of the HR shall submit a report on an impeachment complaint, together with its corresponding resolution (Report + Reso) to the House w/in 60 days from its referral to the same, and said reso shall be calendared for consideration by the House w’in 10 days from receipt. > A vote of atleast 1/3 of ALL members of the HR shall be necessary to AFFIRM or OVERRIDE its counter reso. 10. Barcelon v. Baker and Montenegro (Nature of the president's power to determine the existence of the grounds specified in the constitution for the suspension of the privilege of the writ of HC) = This power was discretionary and therefore not justiciable, on the justification of the superior competence of the president to assess the peace and order condition of the country. This doctrine was abandoned in Lansang v. Garcia. SC asserted the right to inquire into the factual basis of the suspension and to annul the same if it appeared from its own investigation that the grounds invoked by the president were not actually existing, However, this decision itself was later abandoned in Garcia-Padilla y. Enrile, where the original ruling in the Barcelon and Montenegro case was reinstated to make the questioned power discretionary. “SC may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of HC or the extension thereof” U1. Noblejasv. — Teehankee. Administrative Investigation of an executive official should be undertaken by the President and not the SC even if it was provided by law that such official had the rank and provileges of a judge of the RTC. = Neither may the SC be compelled by law to act as a mere BOARD OF ARBITRATORS, an essentially executive body, particularly because whatever decisions it might make in the discharge of its admin functions would ultimately have to be reviewed by the SAME MEMBERS in the exercise ofits judicial funetions. BASIS: ART 8, sec 12. “Members of the SC and of other courts established by law SHALL NOT be designated to ANY AGENCY performing QUASI or ADMINISTRATIVE F. Scope of PQ appears to have been constricted because of the new definition of JUDICIAL POWER, which now “includes the duty... 10 determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Govt. Estrada v. Desierto. Effect: Judicial Review is available even against the Executive and Legislative Dept’s, including the president and the Congress, in the exercise of their discretionary power.> Art 7, Sec 18. “SC may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of HC or the extension thereof”. ‘The PROBLEM is: It is not clear what discretionary acts are subject to JR, outside of those specifically mentioned in the Constitution, and what acts remain prerogatives of the political departments that, even with the enlargement of judicial power, cannot be examined by the courts of justice. In any event: “The courts have no right to DIRECTLY decide matters over which FULL DISCRETIONARY AUTHORITY has been delegated to the Exee. Branch, or to substitute their own judgments for that of the Exee. Branch (ex. DOS). Courts will not interfere with the executive determination of probable cause for the purpose of IN THE ABSENCE OF GRAVE > “It must be so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform appositive duty enjoined by law or to act at all in contemplation of iav, such as where the power is exercised in an arbitrary and despotic manner” 1. Neri y, Senate Committee on Accountabili P.O. “Senate gravely abused its discretion in citing the petitioner for contempt for his refusal 10 answer questions in the course of a legislative inquiry. Reason: There is a legitimate claim of EXECUTIVE PRIVILEGE” 2. Lawyers Against Monopoly and Poverty v. Sec of Budget and — Management. “PDAF is constitutional. ‘The proper procedure appeared to have been followed and petitioner had not adequately established that the said law constituted an ENCROACHMENT ON EXEC. POWER by enabling legislators to propose and choose the projects for which said fund is to be used. - To justify nullification: CLEAR AND UNEQUIVOCAL and NOT A DOUBTFUL BREACH of the Consti. In case of doubt, the Court must sustain the legislation because to invalidate a law based on BASELESS SUPPOSITION is an affront to the wisdom not only of the legislature that passed it but also of the executive which approved it. 3. Belgica ». Executive Secretary- Ruling in the Lawyers Against Monopoly and Poverty v. Sec of Budget and Management HAS BEEN ABANDONED. ~ SC nullified a similar PDAF Article in the 2013 GAA, stating among others “ THE 2013 PDAF as well as ALL OTHER PROVISIONS of law which simitarly allow legislators 10 wield any form of POST ENACTMENT AUTHORITY inthe implementation or enforcement of the ‘budget, unrelated to congressional oversight, AS VIOLATIVE OF THE SP principle and ‘thus UNCONSTITUTIONAL”. = 2013 PDAF Article confers post-enactment identification authority individual legislators, violates the principle of NON ~ DELEGABILITY since said legislators are effectively allowed to individually exercise the power of appropriation which as seitled in Philconsa- is lodged in CONGRESS. 4. Petitioner Organization v. Executive Secretary. Issue: Assumption of SC of jurisdiction over the petitions questioning the constitutionality of certain Eos issued by the President considering that the were NO “ONGOING PROCEEDINGS” before any board or tribunal which would have warranted its exercise of its power of judicial review. - “Where there are serious allegations that a law has infringed the Const, it becomes not only the right but the duty of the court to look into such allegations and, when warranted, uphold the supremacy of the Consti, Also, where the issues involved PUBLIC INTEREST, the court has the discretion to brush aside technicalities of procedure. ‘CHAPTER 7, DELEGATION OF POWERS “Potestas delegata non delegari potest” ~ What has been delegated cannot be delegated. It is based upon the ethical principle that such 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 F : - A further_delegation of such power, unless permitted by the sovereign power, would constitute a negation of this duty in violation of the trust reposed in the delate mandated to discharge it directly. ~ This principle is APPLICABLE to ALL the 3 major powers of the gov't but is especially important in the case of the legislative power because of the many instances when its delegation is permitted. > Observation: Delegation (LP) has become the rule and non-delegation the exception: Increasing complexities of the task of the gov'tand the growing inability of the legislature to cope directly with the many problems demanding its attention Ex. Regulation of common carriers. = Congress may then create an administrative body like the LTFRB and empower it to promulgate the needed rules and regulations, subject only to certain statutory limitations pre-determined by the legislature itself. - Better left to be solved by more capable entities and at the same time enable it to tackle the more serious problems. PERMISSIBLE DELEGATION: 1. Tariff Power to the Pres 2. Emergency powers to the Pres 3. D. to the people at large 4. D. to local gov't 5. D. to Administrative bodies TARIFF POWERS [Sec 28 (2)] = Pres is granted STAND-BY or FLEXIBLE TP in the Tariff and Customs Code conformably to the above provision Reason: Necessity + Expediency, of giving the pres the authority to act immediately on certain matters affecting the national economy lest delay result in hardship to the people. B. EMERGENCY POWERS [See 23 (2)] - In times of WAR or other NATIONAL EMERGENCY, it is not likely that a quorum can be convened in the Congress to enable it to do business. Assuming such quorum, there is still the decisiveness and delay inherent in the lawmaking process that may hamper effective solution of the problems caused by the emergency. EFFECT: President becomes in effect a CONSTITUTIONAL DICTATOR. But in strict legal theory, there is no total abdication of legislative authority in his favor. = Subject to certain restrictions= AGENT rather than a replacement of the legislature. CONDITIONS: ‘There must be a war or other national emergency. It must be limited for a LIMITED PERIOD. Subject to such RESTRICTIONS as the Congress may provide. 4. EP must be exercised to carry out a NATIONAL POLICY declared by Congress. - EP are self-liquidating unless sooner withdrawn, in the sense that they will automatically cease upon the end of the emergency that justified their delegation. = Conferment of EP on the Pres is NOT MANDATORY. The Congress may choose to on to its legislative power and validly refuse to delegate it; or should it decide to s duration and terminate it even before the end of the emergency. - Existence of + EMERGENCY — doesnot automatically confer EP on the Pres. “Emergency itself cannot and should not create power = The mere continuance of the emergency does not necessarily continue the President's EP if they have been granted to him for a shorter period = EP that is “necessary and proper” only for the purpose of carrying out a national policy. A. Emergency Powers Cases ~ Exercise by Pres Quirino of BP. At stake was the validity of certain executive orders promulgated by Pres. Quirino providing specifically for the appropriation of public funds in the operation of the NG and the conduct of the 1949 elections, the control of the exports, and the regulation of rentals, of residential lots and buildings. EOs INVALID because: “CA 671 became inoperative when Congress met in_regular session in May 25, 1948 and that Eos No were issued w/o authority of law” Despite this decision, Pres. Quirino continued exercising EP, promulgating 2 EOs appropriating public funds for public works and the relief of typhoon victims. These acts were challenged in the second Emergency Power Cases, where the additional circumstance appeared that the Congress had passed House Bill No, 727 repealing all EMERGENCY Powers Acts except that this measure had been vetoed by the Pres, = “National Assembly intended it to be only for a limited period. If t be contended that the Act has not yet been duly repealed, and such step is necessary to a cessation of the EP delegated to the Pres, the result would be obvious unconstitutional, since it may never be repeated by the Congress, or Wf the latter ever attempts to do so, the Pres may wield his veto. The situation will make the Congress and the Pres to determine the indefinite duration of the delegation of LP in palpable Violation of the constitutional provision that any grant thereunder must be for a limited period, necessarily to be fixed by law itself and not dependent the wil of the Congress/Pres”A. David». Arroyo (2006). SC declared that, while the PRESIDENT ALONE can declare a state of national emergency, he MAY NOT INVOKE this provision to authorize him during the emergency “to temporarily take over or direct the operation of any privately owned public utility or business affected w/ public interest w/o authority from < B. Dibinapracts Comsat hs System Inc. (2009), SC acknowledged that the Pres has been authorized “ to exercise considerable infringements on the right of the franchisees to operate their enterprise”. The court cited RA 7477 Se. 5, which provides that Pres in times of national emergency may take over and operate stations in the interest of public interest, or authorize the temporary use/operation thereof by any agency of the Gov't, UPON DUE COMPENSATION to the grantee, for the use of said stations during the period when they shall be so operated DELEGATION TO THE PEOPLE “xx except in those cases where, by the consti, the people have expressly reserved to themselves a power of decision, the function of legislation cannot be exercised by them, even to the extent of accepting or rejecting a law which has been framed for their consideration xx" > The people have voluntarily surrendered that power when they adopted the consti. (Democratic and Republican State)- “by representation”. Referendum) a method of submitting an important legislative measure to a DIRECT VOTE of the whole people, > Art 17, Sec 3 (c)- power of the electorate to APPROVE or REJECT a LEGISLATION through an election called for the purpose. Plebiscite> “decree of the people”; questions submitted to the people are intended to work more permanent changes in the political structure, ex PROPOSAL TO AMEND THE CONSTITUTION. > Art 17, Sec 3 (e)- The electoral process by which an initiative on the CONSTITUTION is approved or rejected by the people. DELEGATION TO LOCAL GOVERNMENTS - LGU’s are more knowledgeable than the NG on matters of purely local concern and are therefore in a better position to enact necessary and appropriate legislation thereon, - NO transfer of genera legislative power. - Power of ED and, under the GWC, the police power have been expressly delegated by the legislature to the Local lawmaking bodies; PT is, however, derived by them directly from the consti, subject to limitations that may be imposed by the Congress. DELEGATION TO ADMINISTRATIVE BODIES Reason: (same,same LGU). With the proliferation of specialized activities, the Congress has found it more necessary to entrust to Admin Agencies the “POWER OF SUBORDINATE LEGISLATION’. = With this power, admin bodies may implement the broad policies laid down in a statute by “filling in” the details which the Congress may not have the opportunity or competence to provide. (Ex. IRR)These regulations have the foree and effect of law. For an Admin Regulation to be VALID. 1. Promulgation must be authorized by the legislature; 2. Must be w/in the scope of the authority given by the legislature; 3. It must be promulgated in accordance w/ prescribe procedure; and 4. Reasonable. ‘TESTS OF DELEGATION QUESTION: WON the delegation has been validly ‘made. = IN ALL CASES, it must be circumscribed by LEGISLATIVE RESTRICTIONS. Otherwise, delegation itself in legal effect an ABDICATION OF LEGISLATIVE AUTHORITY, a total surrender by the legislature ofits prerogatives in favor of the delegate 1, THE COMPLETENESS TEST ~The law must be complete (sets forth therein the policy to be executed, carried out or implemented by the delegate) when it leaves the legislature so that there will be nothing left for the delegate to do EXCEPT TO ENFORCE IT. > If there are GAPS that will prevent its enforcement untess they are first filled, the delegate will then have the opportunity to : f : exercise a discretion especially legislative in order 10 repair the omissions. THIS 1S INVALID D. 2. SUFFICIENT STANDARD TEST - Intended to map out the boundaries of the delegate’s authority by defining the legislative policy and indicating the circumstances under w/e it is to be pursued and effected.Prevent a total transference of legislative power from the lawmaking body to the delegate, who is NOT ALLOWED tstep into the shoes of the legislature and exercise a - Usually indicated in the law delegating the legislative power. THE PELAEZ CASE Issue: Validity of Sec 68 of the Revised Admin Code empowering the Pres to create, merge, divide, abolish or otherwise alter the boundaries of municipal corporations. “Although the Congress may delegate to another branch of the Govt the power to fill details in the execution, enforcement, or administration of lav, it is essential, to forestall a violation of the principle of SP, that said law must satisfy THE COMPLETENESS TEST and SUFFICIENT STANDARD TEST: Indeed, w/oa statutory ‘oe of pull ; ‘implemented by the pres, which is the essence of ° a standard, there would be no means to determine, with reasonable certainty, whether the delegate has acted w/in or beyond the scope of his authority: Hence, he could arrogate upon himself both the power to make the law and worse to unmake = New Congress represents a return to Bicameralism after our recent experiment w/ unicameralism, w/e was established by the 1973 Consti and, in fact, also initially provided for in the 1935 before it was amended in 1940. = PRESENT: Congress consists of HS and HR. ‘Some changes: Art 6,Sec “The LP shall be vested in the Congress of the PH which shall consist of a Senate and a HR, except to the extent reserved 10 the people by the provision on initiative and referendum. “ POWERS that are NON-LEGISLATIVE in nature: Canvass of the presidential elections Declaration of the existence of war Confirmation of Amnesties ‘Thru COA: presidential appointments Amendment/revision of the Consti Impeachment SENATE: 1, COMPOSITION See 2. “The senate shall be composed of 24 Senators who shall be ELECTED AT LARGE* by the qualified voters of the PH” = * Intends to make the Senate a training ground for national leaders and possibly a springboard to the Presidency, Having a national rather than only a district constituency, a senator will have a broader outlook of the problems of the country. With such perspective, the Senale is likely io be more circumspect and broad-minded than the HR. 2. QUALIFICATIONS See 3. “No person shall be a Senator unless he is a NB Gitizen of the PH, and, on the day of the election is at least 35 yrs, of age, able to R&W, a registered voter, and a resident of the PH for NOT LESS THAN 2 YEARS immediately preceding the day of the election. 1. NB.CITIZEN>(4rt 4, See 2) a. Those who are citizens of the PH FROM BIRTH w i " perfect their PH citizenship. b. Those who ELECT PH CITIZENSHIP in accordance w/ par (3), sec (2) hereof. 2. AGE requirement = 3S.yrs old on the DAY of election, that is “when the polls are opened and the votes are cast, and mot on the day of the proclamation of the winer by the BOC”. 3. RESIDENCE (Domicile) Place where one HABITUALLY resides and to which, when he is absent, he has the INTENTION OF RETURNING. = One cannot have 2 residences at the same time: Acquisition of a new residence results in the forfeiture of the old. = An intention to abandon his old residence cannot be inferred from his act in establishing a home elsewhere/ otherwise conducting his activities therein, in the absence of a clear showing that he hhas decided to adopt a new residence. Ex. A built a house in Manila and engages in the practice of law therein, However, he occasionally visits his relatives and properties in his home province EFFECT: Legal residence= HOME prov. DOMICILE question of intention & circumstances, Under CIRCUMSTANCES, these 3 rules must be borne in mind: 1. Aman must have a residence/domicile somewhere2. When once established, it remains until a new one is acquired. 3. Only 1 domicile ata time. © If one actually wants to EFFECT CHANGE OF DOMICILE: a. There must be an ACTUAL REMOVAL! ACTUAL CHANGE of domicile; b. Bonafide intention of abandoning former place of residence and establishing a new one; and ©. Definite acts which correspond w/ the purpose. wi IRREN DOMICILE OF ORIGIN CONTINUES. **Voter Registration/ Voting> Strong presumption of residence but NOT CONCLUSIVE EVIDENCE. 1. Perez v. Comelec. Person's registration as voter in one district other than his original residence is not sufficient to conclude that he is not registered somewhere else or that he has abandoned his original residence. Limbona_vComelec. Mastiage: Change of residence = Presumed to have changed her domicile upon marriage/ operation of law consistent w/ the provisions of the Family Code to wit * spouses shall have a single family domicile, unless one of them maintains a separate residence”. PARTY LIST REP Residence in any part of the PH DISTRICT REP> Residence must be within the district where he is running, 3. Mitra v COMELEC. (2010) Purpose of residence requirement. “well represented” > Prevent strangers/ neweomers unacquainted with the conditions and needs of a community from seeking elective offices in that community. > > Familiarity with these circumstances can only come with residency in the constituency to be © Qualifications: 1. “Continuing requirements”. Must be present the entire duration of the member’s incumbency. 2, Exclusive. Congress cannot provide by mere legislation for additional qualifications. UNCONSTITUTIONAL. = Legislative Power remains limited in the sense that it is subject to substantive and constitutional limitations. The consti is the basic law to which all law must conform, No act, however noble remains to be invalid as Jong as it is in conflict with the consti 3. TERM (Art 6 and Art 18 respectively) See 4, The term of office of the SENATOR shall be 6 37s. and shall commence on the noon of June 30 following their election Sec 2._The Senators, Mem of the HR, and the local officials first elected under this Constitution (1987) shall serve until noon of June 30, 1992, Of the Senators elected in the election in 1992, the first 12 obtaining the highest number of votes shalt serve for 6 yrs and the remaining 12 for 3 yrs. D> The 24 senators first elected under this Constitution on the second Monday of May 1987 served a term of only 5 years ending on June 30 1992. D Of the 24 senators elected in 1992, the first 12 obtaining the highest number of votes served the ‘full term of 6 yrs. expiring in 1998, and the last 12 served a term of only 3 years ending in 1995. D The 12 senators elected in 1995 served the full term of 6 yrs. Those elected in 1998 also served the full term of 6 years as so too those elected in 2001. > nother words, beginning 1995, 12 senators were elected every 3 years, to serve the full term of 6 ‘years, so unlike the HR, the Senate shall not at any time be completely dissolved. One half of the membership is retained as the other half is replaced or re-elected every 3 years. > “Continuing institution”, as it is not dissolved as an entity w/ each national election or change in the composition of its members. Mlustration # 1: Senate's power to punish for contempt subsists despite periodical dissolution of the Congress/HR. As long as the Senate, which is a continuing body, persists in performing the particular legislative function involved. To hold otherwise would mean that the senate would have to resume the investigation at the next and succeeding sessions and repeat the contempt proceeding. However, with regard to pending/ unfinished matters of the Senate of a previous congress are considered terminated upon the expiration of the Congress and it is merely optional on the Senate of the succeeding congress to take up such unfinished matters, not in the same status, but as if presented for the first time. (Arnaut », Nazareno, 2008)Art 6, Sec 4.“No senator shall serve for more than 2 CONSECUTIVE terms. Voluntary resignation of the 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. ‘* D X more than 12 years consecutive years. COMPOSI TION: 1. District representative> elected directly and personally, from the territorial unit he is seeking to represent 2. Party-list representative indirectly, through the party he represents, which is the one voted for by the electorate. (Party list listem: 1987 Consti) Sec 5. “ HR shall be compose of X more than 250 members, unless otherwise fixed by law, who shall be (1) elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area xxx and those who, as provided by law, shall be (2) elected through a_party-tist system of registered national. Regional and sectoral parties/org.” (2) The PLR shall constitute 20% of the total membership of the HR. For 3 consecutive terms after the ratification of this constitution, “4 (10%?) of the seats allocated to to PLR shall be filled, as provided by law, by selection or election from LABOR, PEASANT, URBAN POOR, ICC, WOMEN, YOUTH, and such OTHER sectors as may be provided by laws, EXCEPT THE RELIGIOUS SECTOR. (3) Each legislative district shall comprise, as far as practicable, CONTIGUOUS, COMPACT — and ADJACENT territory. Each eity with a population of at least 250K, or each province, shall have at least ONE REP (4) Win 3 years following the return of every census, the Congress shall make a reappointment of legislative districts based on the standards provided in this section A. THE DISTRICT REPRESENTATIVES > 280_members were originally provided for in the HR to be directly elected ffom the various legislative districts created by the Ordinance appended in the 1987 Consti > Territory was divided into 13 regions, in turn comprising 200 districts apportioned among the P, C, MM in accordance w/ the no. of their respective inhabitants and on the basis of a uniform and progressive ratio. = This initial apportionment shall be subject to adjustment by the Congress w/in 3 yrs ff the return of every enumeration to make the representation of the entire nation as equitable as possible. When making such apportionment, the Congress shall see to it that each city with a population of at least 250K, or each province, shall have at least ONE REP. GERRYMANDERING> arrangement of districts in such a way as to favor the election of preferred candidates (usually re-electionist) through the inclusion therein only of those areas where they expect to win, regardless of the resultant shape of such districts (“Compact- solid; Contiguous- physical contact; adjacent- close) a, Navarro v. Ermita (2011) A proposed province composed of one or more islands need not comply with the 2000 sq.meter contiguous ; - ce. b. Macias v. COMELEC> authority for the view that “The validity of a legislative apportionment measure_is_a_JUSTICIABLE QUESTION, involving as it does certain requirements the interpretation of which does not call for the exercise of legislative discretion. ©. Herrera». COMELEC> The basis for “districting is the number of INHABITANTS” of a provinee/city, and NOT the no. of its registered inhabitants. 250K requirement applies ONLY to cities, and NOT to provinces, although the LGC provides for a min population of 250K as an alternative req for the establishment of a province. **Additional 250K population req is also NOT NECESSARY to the creation of an ADDITIONAL LEG. DISTRICT for cities/provinees. = Mariano v, Comelec (1995)-> * Any province that may hereafter be created, or any city whose population may hereafter increases to more than 250K SHALL be entitled in the immediately ff. election to atleast one member or such number of members as it may be entitled to on the basis of the no. of inhabitants xx.” Ex._Conversion into a Highly Urbanized city= auiomatically resulted in its establishment as a legislative district. It should be noted that a PLEBISCITE was necessary for the validity of said CONVERSION. However, the same may be dispensed with where NO NEW TERRITORY or NO CHANGE in an existing territory is made under the law, and ONLY AREAPPORTIONMENT or the creation of an additional district is done, **Power to create legislative districts Only Congress, That is why in Sema_»_COMELEG, the Muslim Mindanao Autonomay Act, authorizing the gov't of the ARMM to CREATE PROVINCES and CITIES= UNCONSTI. Because such power involves the power to create legislative district which only Congress possesses. It may however, be authorized by Jaw to create MUNICIPALITIES and BRGYS, B. THE PARTY LIST REPRESENTATIVE, = “shall constitute 20% of the total membership of the body (HR), including such representatives. = Selection of the party list representatives are embodied in RA 7941 See 2, “xx proportional representation in the election of representatives in the election thru @ party-list system of registered N, R, and Sectoral parties/org/coalitions thereof, which will enable Fil Citizens belonging to the marginalized and underrepresented sectors, and who tack well defined political constituencies xx to become members of the Rx * a. Atong Paglaum v. COMELEC (2013) “SC, in setting the parameters for participation in the party-list elections, clarified that, consistent with the provisions of sec 5 (1), the PLS provides for 3 different groups, (1) national, (2) regional, (3) sectoral. a NIR_DO_NOT NEED to organize along sectoral lines and do not need to represent any. “marginalized and underrepresented” sector. b. Political Parties can participate in Part-list elections provided 1. They register under the PLS; and 2. DO NOT FIELD candidates in legislative district elections, = Otherwise, they can only participate in the PLE only thru its SECTORAL WING that can separately register under the PLS. The sectoral wing is by itself an independent sectoral party, and is linked to a political ss . Sectoral Parties may either be “marginalized and underrepresented” or lacking in “well-defined political constituencies” = It is enough that their principal advocacies pertains to special interesvVconcem of their sector. > a. Marginalized and Underrepresented> Labor, Peasant, Fisher Folk, Urban Poor, ICC, Handicapped, Veterans And OW. b. Lack — well defined political constituencies Professionals, elderly women, youth, ENUMERATION IS NOT EXCLUSIVE. As long as such particular org complies with the requirements of the Consti & RA 794 Majority of its members MUST belong to such category. The nominees of sectoral parties that represent them must either (1) belong to their respective sector or (2)must have a track record of advocacy for their respective sector. (to_be called a “bona fide” mem) NIRS shall not be DQ if some of their nominees are DQ, provided that they have at least ONE OMINEE who remains qualified. D PLS is intended to demoeratize political power by giving political parties that cannot win in legislative district elections a chance to win seats in the HR. > Not LATER THAN 90 days before election, any Political Party/Org/ Coalition may file a VERIFIED PETITION through its president or secretary for its participation in the PLS, attaching a copy of its constitution, by laws platform, officiers and such other relevant info as may be required by the COMELEC, > Petition shall be PUBLISHED in at least 2 NP of GC and, after due notice and hearing, be resolved win 15 days and in no case later than 60 days before election > Upon registration. the political group shall submit to the COMELEC not Jater than 45 days before election. at least 5 names from w/e its representatives may be chosen in case it obtains the required no. of votes. Under the law, the names of the PL nominees shall not be shown on the certified list of participants in the PLS to be distributed by the COMELEC among all precints (Conflict: Duty of the COMELEC to disclose and release the names of the nominees of the PL groups. Only persons who have given their consent in writing may be named as PL candidates, and in one list only. Persous who lost in the immediately preceding election are INELIGIBLE. Nominee of the youth sector must at least be 25 but not more than 30 on the day of the election(Amores v, HRET 2010) (hindi na youth ang 31!) D “No officer or employee in the CS shall engage directly or indirectly in any electioneering or partisan potitical campaign” D No change of names or alteration of the order of nominees shall be allowed after it has been filed EXCEPTEXCLUSIVE!! (Death, withdraws. in writing, incapacitated-nominee), in w/e case the name of the substitute shall be places last in the list > ent sectoral_reps in the HR who are nominated in the PLS shall not be considered resigned. D Participants in the PLS shall be ranked according to the no. of votes they received, w/ those getting at least 2% of the total votes cast for the system to be entitled to one seav/each, NONE OF THEM > DISQUALIFIED: a. Religious Sec; b. Foreign Parties; ©. Parties wie receive support from FOREIGN POLITICAL PARTY; ‘Ceased to exist for at least 1 year ©. Failed to participate in the last 2 preceding elections. Sec 6. Failure to obtain at least 2% of the votes cast under PLS in_the 2 preceding elections for the constituency in which it has registered (UNCONSTI!) BANAT V. COMELEC. “For every 4 district rep, there shalll be one party-list rep”. Hence, there is no need for legislation to create an additional party-list_ seat whenever 4 additional legislative districts are created by law. ~ dutomatic creation of additional parpy-list Seat. QUALIFICATIONS: Sec 6.°No person shall be a member of the HR unless he is a NBC of the PH and, on the day of the election, is at least 25, able to R.& W, and except the PLR, a registered voter in the district in which he shall be elected, resident thereof for a period of not less than_L year immediately preceding the day of the election”. > In addition, the PLR must be a bona fide member (belong) advocate) of the party he seeks to represent at least 90 days before the election day. > Residence: a. DR must be in the district, not in the province comprising the district, for 1 year immediately before the election, = Ensure familiarity with the conditions and problems of the constituency sought to be represented, b. PLR must be a resident of the PH, and not any particular district for a period of at least 1 year immediately before the election. © RA__9225- Citizenship Retention _and Reacquisition Act of 2003. ~ NBF citizens who have been, or intended to be naturalized in a foreign country, shgall upon taking the oath of allegiance, be deemed to have reacquired, or shall retain their PH Citizenshi “Not to have lost their PH citizenship”. - Unmarried child, below 18 yrs. of those who reaequire PH Citizenship upon effectivity of this Act shall likewise be deemed citizens of PH. - For_those running for public_police- “make personal and sworn renunciation of ANY AND ALL FOREIGN CITIZENSHIP= Ceases to be a dual citizen, - Right to VOTE or be ELECTED/ APPOINTED to any public office CANNOT be exercised by or extended to those who are CANDIDATES for or ‘occupying any PUBLIC OFFICE in the country of which they are naturalize or are in active service as commissioned or non-commissioned officers in the armed forces of the country of which they are nationalized citizens. - A NBC who either retains or reacquired his aforesaid citizenship upon taking the second oath of allegiance where he, this time, makes a personal and sworn renunciation of any and all foreign citizenship. > Assailing one’s citizenship according to CA 473 may be done only BY THE STATE, through its representation designated by the Statute. = _X PRIVATE PERSON > Right to vote-> Resided PH (Iyr) *** Place to vote (6mos) ***Exception: Section 2, ART V. “Absentee Voting, for qualified voters abroad”. a. Nicolas x COMELEC. SC upheld the right to be registered as a voter of a DUAL CITIZEN who was then concededly a NON-RESIDENT of PH. Reiterated the ruling in “Macalintal _v. COMELEC- NR to vote under the Oversees Absentee Voting Act. There is no provision in the Dual Citizen Law (RA 9225) requiring duals to actually establish residence and physically stay inthe PH first before they can exercise to vote DUALS SAME AS OVERSEES. The goal of RA i ranch : : who, save for the residency requirements fanoniinary : conditions, are qualified to vote. ‘TERM (SEC 7. 3 YRS- x 3 TERMS=9 YRS) Purpose: Synchronize Election, which in the case of the Senate are held every 3 year interval; Pres & VP every 6 years, > Local Officials> 3 years. Abundo y¥. COMELEC (2013) Rules in connection with the consecutiveness of terms and. involuntary interruptions thereof in connection with the application of the rules on their terms for elective offices both under the Consti and other pertinent law. * PERMANENT —VACANCY- Elective position and the official merely assumed (rule fon succession), then his service for the UNEXPIRED PORTION= X Full term as contemplated under the subject constitutional and statutory provision that service cannot be counted in the application of any term limit. “If the official runs again for the same position he held prior to his assumption of the higher office, then his succession to said position is by operation of law and is considered an INVOLUNTARY SEVERANCE or INTERRUPTION. ‘* Anelective official, who has served for 3 cons. Terms and who did not seek the elective position for what could be his 4% term, but had an_interruption in the continuity of the official's service. (From end of his term- recall election he had become a private citizen) * Abolition of an elective local office Conversion Munt- City) X= ion of the incumbent official’s continuity of service. + X= Preventive Suspension, Elective officer's continued stay and entitlement to the office remain unaffected although he is barred from exercising the functions of his office during this period. © Candidate- Proclaimed Winner and assumes office is later on ousted from office for losing in an election protest= INTERRUPTION. Thus disenabling him from serving what would otherwise be the unexpired portion of his term of office had the protest been dismissed > > © The interruption need not be for a full term of 3 years or for the major part of the 3-year term; an_interruption FOR ANY LENGTH of time, provided the cause is INVOLUNTARY. issufficient to break the continuity of service. * Defeated in an election protest and said decision becomes final after he had served the full term for said office, then his loss in the election protest X= INTERRUPTION since he hhas managed to serve the term from start- finish, Nullification of his proclamation came afier the expiration of the term. ELECTION- 2“ MONDAY of May. Every 3 years, ALL the members of the HR and ‘4 of the senate are up for election, or re-election if still allowed. Filling up of vacancies for the unexpired portion through SPECIAL ELECTION is not necessary if the vacany pertained to seat occupied by a PLR in which case, the same would be filled up by the next rep from the list of nominees in the order submitted to the COMELEC who shall serve for the Unex term. If the list is exhausted, submit additional nominees. SALARIES (ART 6 Sec 10 “xx determined by law. No increase in said compensation shall take effect until after the expiration of the FULL TERM of ALL MEMBERS of the SENATE and the HR approving such increase. “ See 20, “Records and book of account of the Congress shall be preserved and be open to the public xx ‘audited by the COA which shall publish annually an itemized list of amounts paid to and expenses incurred for each member xx” > No prohibition against receipt of allowances by the members of the Congress. > Law allowing retirement benefits immediately available upon its approval has been UNCONSTI since it is made available wlo awaiting the expiration of the FULL TERM of ALL MEMBERS of the SENATE and the HR approving such increase. (Phil Cons Assoe v. Gimenez) PARLIAMENTARY IMMUNITIES See I. “xx offenses punishable by X_6 yrs. of imprisonment, be privileged from ARREST while the Congress is in_session. No member shall be ‘questioned nor held liable in any other place for ANY SPEECH or DEBATE in the Congress or in any committee thereof.© 2 KINDS OF IMMUNITIES a. Immunity from arrest ensure representation of the constituents of the mem of the Cong by preventing altempis to keep him from attending its b. Privilege of Speech and Debate To express views bearing upon public interest wo fear of accountability outside the halls of the legislature for his inability to support his statements with the usual evidence required in court. “On matters to be 1__ PRIVILEGE FROM ARREST “Session” does not refer to the day-to-day meetings of the legislature but to the ENTIRE. PERIOD. (INITIAL CONVENING - FINAL ADJOURNMENT) Il- PRIVILEGE FROM SPEECH & DEBATE, 1. Remarks must be made while the legislature is im congress; and 2. They must be made in connection with the discharge of official duties. (Coffin v. Coffin) a. Jimenez v. Cabangbang “Congress was in recess and in his private capacity” > NOT ABSOLUTE. The rule provides that the legislator may not be questioned “in any other place”, which means that he may be called to account for his remarks by his own colleagues in the Cong itself and, when warranted, punished for “disorderly behavior”” 4. Pobre v, Defensor-Santiago (2009) Parliamentary Immunity must not be allowed to be used as a vehicle to ridicule, demean, and destroy the reputation of the Court xx nor as armor for personal wrath and disgust. It is not an individual privilege accorded to individual members of the Cong for their personal benefit_but rather for the people and the institution that represents them. CONFLICT OF INTEREST Sec 12, All members of the Senate and the HR shall, upon assumption of office, make = FULL, DISCLOSURE of _their_financial_and_business interests. They shall notify the house of a potential conflict of interest that may arise from the filing of a i legislation _of _which THEY ARE AUTHORS. > Prevent their potential for self-aggrandizement and from using their official positions for ulterior purposes. (COMPATIBLE OR FORBIDDEN OFFIC ‘See 13. xx may hold ANY OTHER OFFICE xx without forfeiting his seat. Neither shall he be appointed to ‘any office which may have been created or the emoluments thereof increased during the term for which he was elected. Incompatible offices-> prevent him from owing loyalty to another branch of gov't, to the detriment of the independence of the legislature and the doctrine of SP, * PROHIBITION IS NOT ABSOLUTE. What is not allowed in the simultaneous holding. Any legislator may hold another office provided he forfeits his position in the Congress. Forfeiture of the seat or cessation of +his_tenure. shall_be automatic _upon_the holding of the incompatible office. No. resolution is necessary to declare his position vacant. a. Term> time during wie an officer may claim to hold the office as a matter of right b. Tenure> period during which the incumbent actually holds the office. * NOT EVERY OTHER OFFICE is to be position, (Fx, Membership in the Electoral Tribunals.) or if it can be shown that the 2! office is an EXTENSION OF THE LEGISLATIVE POSITION) in aid of legislative duties. (ex officio mem in the UP Board of Regents, Treaty Negotiators) Forbidden Office> Legislator cannot be appointed to any office which may have been created or the emoluments thereof increased during the_term which he was elected. D Prevent trafficking in public office. Future security at the expense of the public service. > X APPLY to Elective positions which are filled by the voters themselves, > The appointment of the mem of the Cong to the forbidden office is not allowed only DURING. ‘THE TERM for which_he was elected, when such office was created or emoluments were increased, After such term, and even if the legislator_is_re-elected, the DQ no_longer applies. INHIBITIONS AND DISQUALIFICATIONS See 14, xx NO xx may personally appear as counsel before any court or before the Electoral Tribunals orQJ and other Admin Bodies. Neither shall he, directly or indirectly, be interested financially** in any contract with, or in any franchise or special privilege granted by the Gov'vany other pol subd/ instrumentality thereof, including any GOCC, or its subsidiary, DURING HIS TERM OF OFFICE. He shall not intervene in any matter before any office of the Gov't for his pecuniary benefit or where he may be called upon to act on account of his office” D Appearance of the legislator is now barred before ALL COURTS OF JUSTICE, D Prevent legislator from exerting undue influence upon the body where he is appearing. (Lawyer- legislator may still engage in the practice, thru some other member of his law office.) **Not EVERY CONTRACT IS BARRED. Only those contracts wie legislators expects to derive some PROFIT at the expense of the gov't SESSIONS Sec_15. “xx convene once every year on the 4* Monday of July for its regular session, unless a different date is fixed by law, and shall continue for such number of days as it may determine until 30 days i fae of ion exclusive of Saturdays, Sundays and Legal Holidays. The president may call a special session at any time.” - A mandatory recess is prescribed for the 30-day period (minimum no. may be extended by the Cong in its discretion) before the opening of the next regular session, excluding Saturdays, Sundays and Legal Holidays. Calling of Special Session by the Pre is NOT NECESSARY: 8. Cong meets to canvass the presidential elections b. Pres and VP are both vacated c. Impeachment Pro particularly when the Pres is the respondent himself. a. Araneta y, Dinglasan. SC distinguished Regular and Special Sessions, 1. Special Cong may consider “general legislation or only such subject as the Pres may designate” 2. Regular> Power of Cong is not circumscribed except by limitations imposed by organic law. OFFICERS Sec 16 (1) “sxx Senate shall elect its President and the HR its Speaker, by a MAJORITY OF VOTE of all its respective members. Each house shall choose such other officers as it may deem necessary > Pres and Speaker do not have a fixed term and ‘may be replaced at any time atthe pleasure of a majority vote of all the members of their respective chambers > Other officers usually chosen 1, Pres pro tempore 2. Speaker pro tempore 3. Majority and Minority floor leaders 4, Chairmen of the various standing and special committes 5. Secretary and sergeant @ arms* (non- members of the legislative) QUORUM “x x MAJORITY of EACH house x x t0 do business, BUT a SMALL NUMBER may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties, as such house may provide xx Quorum-> no. sufficient to transact business which may be less than the majority of the membership of the ‘membership. (Majority of Each House) a (Avelino v. Cuenco) > (Petitioner) Senate President adjourned the session moto propio and walked out, leaving 12 other members who continued meeting and replaced him with respondent as Acting Pres. Petitioner filed ‘quo warranto against responding contending that he had not been validly elected because 12 mem does not constitute a majority (quorum of 24 senators) SC: “12° members were sufficient, being a MAJORITY OF 23, not 24. The reason was that 1 senator was then in the US and therefore outside the coercive jurisdiction of the smaller number of members who could “adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties, as the Senate may provide” 6. (Datu Michael Abas Kida v. Senate of the PH, 2011) SC nullified a law which requires 2/3 vote of all members of the Cong for imposing more than what the Consti requires. It gives the law the character of being “IRREPLACEABLE. In effect it significantly constrict the future legislators’ room for action and flexibility.“x x Concurrence of 2/3_of ALL its MEMBERS, suspend, or expel a Member. A penalty of suspension, when imposed, shall X exceed 60 days Unless such rules violated fundamental or individual rights, the exclusive discretion of each house to formulate and interpret may not be judicially reversed. (Unless there is non-compliance with procedural matters= JUSTICIABLE) What constitutes “disorderly behavior” is the prerogative of the Cong and cannot as a rule be judicially reviewed. OURNALS “Each house shall keep a Journal of its proceedings, and from time to time publish the same, excepting such part= National Security and the yeas and nays on any question shall, at the request of LS of the Members present, be entered in the Journal. Each house shall also keep a record of its proceedings, Journals-> Record of what is done and past in a legislative assembly. a. Authenticating the proceedings b. Interpretation of laws through a study of the debated held thereon ©. Informing the public of the conduct of their legislators. - Publication of journals is in line with the right to information on matters of public concem, a. (US v. Pons) SC refused to go beyond the recital in the legislative journals, which it held to be conclusive on the Courts. To do otherwise, it would violate both the letter and spirit of the organic laws by which the PH gov't was brought into existence, to interfere w/ the legitimate power and functions of the legislative. b. VAT Case. (Tolentino v. Secretary of Finance) “Enrolled copy of a bill is conclusive not only of its provisions but also of its due enactment. It does not persuade us to look behind the proceedings of «a co-equal branch of the gov't c. Astorga v. Villegas. EB was discovered to have included other provisions that had in fact been rejected. Upon learning, both Senate P and Pres withdrew thelr signatures from the EB. According to petitioner, in case of conflict b/w enrolled bill and journal= EB shall prevail. X= SC. It had the authority to verify the real content of the Approved Bill as reported in the Journal. The reason was that there was actually no enrolled bill tom speak of in view of withdrawal of signatures of SP and P. Enrolled Bill duly introduced, passed by both H, signed by the proper officers and approved by the P. Journal Resume or minutes of what transpired during the session. Transcript of the proceeding during the session. 4d. League of Cities in the PH v. Comelec. Hearings and deliberations during a previous Congress cannot be used to interpret bills specified into law in the next/ subsequent Congresses. 1 i Consti recorded in the journal: 1. Votes w/ respect to the consideration of bills on 3" reading 2. Recording of the objections of the Pres when he vetoes a bill as well as the votes cast by the members of each house in their reconsideration of abill vetoed by the Pres 3. Vote of each member of the HR regarding the Articles of Incorporation proposed by its ‘committee that hears an impeachment complaint. AD. MENT (5) “Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than 3 days, nor to any other place** than that in which the 2 Houses shall be sitting.” > There is need for constant contact and consultation biw the 2 bodies it is necessary that there be prior agreement before either of them decides to adjourn for MORE THAN 3 days. Refers not to the building but to the political unit where the 2 houses may be sitting. Hence, if both houses are sitting in the same building in the City of ‘Manila, either of them may sit in another building in the same city w/o getting the consent of the other. ELECTORAL TRIBUNALS (9: 3-6) See 12. °S and HR shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members. Each ET shall be composed of 9 members, 3 of whom shall be Justices of SC 10 be designated by the CJ, and the remaining six shall be the members of the Senate or HR, who shall be chosen on the basis of proportional representation from the political parties/ orgs registered under the PLS represented therein. The Senior Justice in the ET= Chairman,”