Name: August 7, 2013 Wednesday TITLE:

Jabe

Tecson

Gica

SOLIVEN VS. MAKASIAR 1"7 # $A 3%3

ITATI!N: &ATE: N!'E()E$ 1*, 1%++

,A T#:

Subsequent events have rendered the first issue moot and academic. On March 30, 1988, the Secretary of Justice denied findin$ of a rima facie case etitioners! motion for reconsideration and etitioners. ' second motion for u he"d the reso"ution of the #ndersecretary of Justice sustainin$ the %ity &isca"!s a$ainst reconsideration fi"ed by etitioner (e"tran )as denied by the Secretary of Justice on ' ri" *, 1988. On a ea", the +resident, throu$h the ,-ecutive Secretary, affirmed the reso"ution of the Secretary of Justice on May ., 1988. /he motion for reconsideration )as denied by the ,-ecutive Secretary on May 10, 1988. 1ith these deve"o ments, etitioners! contention that they have been denied the administrative remedies avai"ab"e under the "a) has "ost factua" su (e"tran is amon$ the for "ibe" by the ort.

etitioners in this case. 2e to$ether )ith others )as char$ed

resident. %ory herse"f fi"ed a com "aint3 affidavit a$ainst him and rinci "e

others. Ma4asiar averred that %ory cannot fi"e a com "aint affidavit because this )ou"d defeat her immunity from suit. 2e $rounded his contention on the that a resident cannot be sued. 2o)ever, if a resident )ou"d a""o) herse"f to be functions of a resident, the resident )ou"d sue then the

"aced under the court5s 6urisdiction and ear in court to be a

converse"y she )ou"d be consentin$ to be sued bac4. '"so, considerin$ the resident may not be ab"e to a )itness for herse"f thus she may be "iab"e for contem t. I##-E: 1hether or not the +resident of the +hi"i initiate crimina" roceedin$s a$ainst the com "aint3affidavit7 T.E !-$T/# $-LING: rivi"e$e of immunity from suit is ines, under the %onstitution, may etitioners throu$h the fi"in$ of a

/he rationa"e for the $rant to the +resident of the

to assure the e-ercise of +residentia" duties and functions free from any hindrance or distraction, considerin$ that bein$ the %hief ,-ecutive of the 8overnment is a 6ob that, aside from requirin$ a"" of the office3ho"der5s time, a"so demands undivided

attention. (ut this rivi"e$e of immunity from suit ertains to the +resident by virtue of the office and may be invo4ed on"y by the ho"der of the office9 not by any other erson in the +resident5s beha"f. /hus, an accused "i4e (e"tran et a", in a crimina" case in )hich the +resident is com "ainant cannot raise the residentia" rivi"e$e as a defense to revent the case from roceedin$ a$ainst such accused.

Moreover, there is nothin$ in our "a)s that )ou"d )aivin$ the afforded by the

revent the +resident from rotection

rivi"e$e. /hus, if so minded the +resident may shed the

rivi"e$e and submit to the court5s 6urisdiction. /he choice of

)hether to e-ercise the rivi"e$e or to )aive it is so"e"y the +resident5s rero$ative. :t is a decision that cannot be assumed and im osed by any other erson. 's to etitioner (e"tran!s c"aim that to a""o) the "ibe" case to roceed )ou"d roduce a ;chi""in$ effect; on ress freedom, the %ourt finds no basis at this sta$e to ru"e on the oint. /he etitions fai" to estab"ish that ub"ic res ondents, throu$h their se arate acts, $rave"y abused their discretion as to amount to "ac4 of 6urisdiction. 2ence, the )rits of certiorari and rohibition rayed for cannot issue. &indin$ no $rave abuse of discretion amountin$ to e-cess or "ac4 of 6urisdiction on the art of the ub"ic res ondents, the court dismissed the etitions.

TITLE:

ESTRADA VS. DESIERTO N!0 1*"710112

ITATI!N: G0$0 &ATE: (A$ . 2, 2001

,A T#:

:n the May 11, 1998 e"ections, etitioner Jose h ,strada )as e"ected +resident )hi"e res ondent eroded his 8"oria Maca a$a"3'rroyo )as e"ected Vice3+resident. &rom the be$innin$ of his term, ho)ever, "on$time friend of the receivin$ mi""ions of reactions of ra$e. On =ovember 13, .000, 2ouse S ea4er Vi""ar transmitted the 'rtic"es of :m eachment si$ned by 11> re resentatives or more than 1?3 of a"" the members of the 2ouse of @e resentatives to the Senate. On =ovember .0, .000, the Senate forma""y o ened the im eachment tria" of the etitioner. On January 10, .001, by a etitioner he"d +3.3 bi""ion in a vote of 11310, the senator36ud$es ru"ed a$ainst the o enin$ of the second enve"o e )hich a""e$ed"y contained evidence sho)in$ that secret ban4 account under the name AJose Ve"arde.B /he ru"in$ )as met by a s ontaneous outburst of an$er that hit the streets of the metro o"is. /hereafter, the 'rmed &orces and the +=+ )ithdre) their su ,strada $overnment. Some %abinet secretaries, undersecretaries, secretaries and bureau chiefs resi$ned from their osts. On January .0, .001, at about 1. noon, %hief Justice Cavide administered the oath to res ondent 'rroyo as +resident of the +hi"i issued a ines. On the same day, etitioner eared that ress statement that he )as "eavin$ Ma"acanan$ +a"ace for the sa4e of ort to the assistant etitioner )as "a$ued by rob"ems that s"o)"y

o u"arity. On October <, .000, :"ocos Sur 8overnor %havit Sin$son, a etitioner, accused the etitioner, his fami"y and friends of esos from 6ueten$ "ords. /he e- ose5 immediate"y i$nited

eace and in order to be$in the hea"in$ rocess of the nation. :t a"so a that he )as unab"e to e-ercise the

on the same day, he si$ned a "etter statin$ that he )as transmittin$ a dec"aration o)ers and duties of his office and that by

o eration of "a) and the %onstitution, the Vice3+resident sha"" be the 'ctin$ +resident. ' co y of the "etter )as sent to S ea4er &uentebe""a and Senate +resident +imente" on the same day. 'fter his fa"" from the in motion. I##-E#: 1hether or not the etitioner resi$ned as +resident7 1hether or not the etitioner is on"y tem orari"y unab"e to act as +resident7 o)er, the etitioner5s "e$a" rob"ems a eared in c"usters.

Severa" cases revious"y fi"ed a$ainst him in the Office of the Ombudsman )ere set

T.E

!-$T/# $-LING:

/he etitioner denies he resi$ned as +resident or that he suffers from a ermanent disabi"ity. @esi$nation is a factua" question. :n order to have a va"id resi$nation, there must be an intent to resi$n and the intent must be cou "ed by acts of re"inquishment. /he va"idity of a resi$nation is not $overned by any forma" requirement as to form. :t can be ora". :t can be )ritten. :t can be e- ress. :t can be im "ied. 's "on$ as the resi$nation is c"ear, it must be $iven "e$a" effect. :n the cases at bar, the facts sho) that etitioner did not )rite any forma" "etter of resi$nation before "eavin$ Ma"acanan$ +a"ace. %onsequent"y, )hether or not contem oraneous and etitioner resi$ned has to be determined from his

acts and omissions before, durin$ and after Jan. .0, .001 or by the tota"ity of rior, osterior facts and circumstantia" evidence bearin$ a materia" re"evance on the issue. /he %ourt had an authoritative )indo) on the state of mind of the etitioner rovided by the diary of ,-ecutive Sec. 'n$ara seria"iDed in the +hi". Cai"y :nquirer. Curin$ the first sta$e of ne$otiation bet)een ,strada and the o osition, the to ic )as a"ready about a eacefu" and order"y transfer of o)er. /he resi$nation of the on"y unsett"ed etitioner )as im "ied. Curin$ the second round of

ne$otiation, the resi$nation of the etitioner )as a$ain treated as a $iven fact. /he oints at that time )ere the measures to be underta4en by the arties durin$ and after the transition eriod. /he %ourt he"d that the resi$nation of the etitioner cannot be doubted. :t )as ress re"ease containin$ his fina"

confirmed by his "eavin$ Ma"acanan$. :n the

statement, E1F he ac4no)"ed$ed the oath3ta4in$ of the res ondent as +resident of

the @e ub"ic, but )ith the reservation about its "e$a"ity9 E.F he em hasiDed he )as "eavin$ the +a"ace, the seat of the residency, for the sa4e of eace and in order to be$in the hea"in$ rocess of the nation. 2e did not say he )as "eavin$ the +a"ace residency as eo "e for ears9 E3F he e- ressed his $ratitude to the due to any 4ind of inabi"ity and that he )as $oin$ to reassume the soon as the disabi"ity disa the o

ortunity to serve them9 E<F he assured that he )i"" not shir4 from any future orters to 6oin him in the romotion of a constructive nationa" s irit

cha""en$e that may come ahead in the same service of the country9 and E>F he ca""ed on his su of reconci"iation and so"idarity. /he %ourt a"so tac4"ed the contention of the etitioner that he is mere"y tem orari"y unab"e to erform the o)ers and duties of the residency, and hence is a +resident on "eave. /he inabi"ity c"aim is contained in the Jan. .0, .001 "etter of su etitioner sent to Senate +res. +imente" and S ea4er assed a reso"ution &uentebe""a. Ces ite said "etter, the 2ouse of @e resentatives

ortin$ the assum tion into office by 'rroyo as +resident. /he Senate a"so

assed a reso"ution confirmin$ the nomination of 8uin$ona as Vice3+resident. (oth houses of %on$ress have reco$niDed res ondent 'rroyo as the +resident. :m "icit"y c"ear in that reco$nition is the %ourt cannot duties of the ass u on remise that the inabi"ity of etitioner ,strada is no o)ers and "on$er tem orary. %on$ress has c"ear"y re6ected residency. /he question is etitioner5s c"aim of inabi"ity. /he

etitioner5s c"aim of inabi"ity to dischar$e the

o"itica" in nature and addressed so"e"y to

%on$ress by constitutiona" fiat. :t is a o"itica" issue )hich cannot be decided by the %ourt )ithout trans$ressin$ the rinci "e of se aration of o)ers.

TITLE:

ALMONTE VS. VASQUEZ G0$0 N!0 %23"7

ITATI!N: &ATE: (A3 23, 1%%2

,A T#: @es ondent, Ombudsman, requires and :nvesti$ation (ureau E,::(F to

etitioners =erio @o$ado and ,"isa @ivera, as roduce ;a"" documents re"atin$ to +ersona"

chief accountant and record custodian, res ective"y, of the ,conomic :nte""i$ence Services &unds for the year 1988; and a"" evidence such as vouchers from enforcin$ his orders. +etitioner '"monte )as former"y %ommissioner of the ,::(, )hi"e +ereD is %hief of the ,::(!s (ud$et and &isca" Mana$ement Civision. /he sub oena duces tecum )as issued by the Ombudsman in connection )ith his investi$ation of an anonymous "etter a""e$in$ that funds re resentin$ savin$s from unfi""ed ositions in the ,::( had been i""e$a""y disbursed. /he "etter, ur ortin$ to have been )ritten by an em "oyee of the ,::( and a concerned citiDen, )as

addressed to the Secretary of &inance, )ith co ies furnished severa" $overnment offices, inc"udin$ the Office of the Ombudsman. /he "etter reads in ertinent artsG that the EIIB has a syndicate headed by the gents" !EI "# that when the

Chief of Budget Division who is manipulating funds and also the brain of the so called "ghost agents" or the "Emergency Intelligence agency had salary differential last $ct %&& all money for the whole plantilla were released and from that alone' (illions were saved and converted to ghost agents of EI # lmost all EIIB agents collects payroll from the big time smuggler syndicate monthly and bro)ers every wee) for them not to be apprehended. :n his comment on the "etter3com "aint, etitioner '"monte denied a"" the Cisc"osure of the

a""e$ations )ritten on the anonymous "etter. +etitioners moved to quash the sub oena and the sub oena duces tecum but )ere denied. documents in question is resisted )ith the c"aim of +ersona" Services &unds and its and this cou"d ;destroy the ,::(.; rivi"e$e of an a$ency of the

$overnment on the $round that ;4no)"ed$e of ,::(!s documents re"ative to its "anti""a )i"" necessari"y "ead to 4no)"ed$e of its o erations, movements, tar$ets, strate$ies, and tactics and the )ho"e of its bein$;

I##-E: 1hether etitioners can be ordered to roduce documents re"atin$ to "ea that rotection of

ersona" services and sa"ary vouchers of ,::( em "oyees on the such documents are c"assified )ithout vio"atin$ their equa" "a)s7

T.E

!-$T/# $-LING: rivi"e$e a$ainst disc"osure is reco$niDed )ith ersons )ho furnish information of ertainin$ to the ersonne" of

't common "a) a $overnmenta" addition,

res ect to state secrets bearin$ on mi"itary, di "omatic and simi"ar matters and in rivi"e$e to )ithho"d the identity of vio"ation of "a)s. :n the case at bar, there is no c"aim that mi"itary or di "omatic secrets )i"" be disc"osed by the roduction of records the ,::(. :ndeed, ,::(!s function is the $atherin$ and eva"uation of inte""i$ence re orts and information re$ardin$ ;i""e$a" activities affectin$ the nationa" economy, such as, but not "imited to, economic sabota$e, smu$$"in$, ta- evasion, do""ar

sa"tin$.; %onsequent"y, )hi"e in cases )hich invo"ve state secrets it may be sufficient to determine from the circumstances of the case that there is reasonab"e dan$er that com u"sion of the evidence )i"" e- ose mi"itary matters )ithout com e""in$ roduction9 no simi"ar e-cuse can be made for a rivi"e$e restin$ on other considerations. /he Ombudsman is investi$atin$ a com "aint that severa" items in the ,::( )ere fi""ed by fictitious ersons and that the a""otments for these items in 1988 )ere used for i""e$a" ur oses. /he "anti""a and other ersonne" records are re"evant to his rotection of the "a)s. +etitioners arties can on"y ha"e investi$ation as the desi$nated A rotectors of the eo "eB of the %onstitution. =or is there vio"ation of etitioners! ri$ht to the equa" com "ain that ;in a"" forum and tribuna"s. /he a$$rieved fu""y disc"osed,; )hi"e in

res ondents via their verified com "aints or s)orn statements )ith their identities roceedin$s before the Office of the Ombudsman anonymous "etters suffice to start an investi$ation. :n the first "ace, there can be no ob6ection to this rocedure because it is rovided in the %onstitution itse"f. :n the second "ace, it is a arent that in ermittin$ the them from oint out, fi"in$ of com "aints ;in any form and in a manner,; the framers of the %onstitution too4 into account the )e""34no)n reticence of the eo "e )hich 4ee com "ainin$ a$ainst officia" )ron$doin$s. 's this %ourt had occasion to

the Office of the Ombudsman is different from the other investi$atory and rosecutory a$encies of the $overnment because those sub6ect to its 6urisdiction are ub"ic officia"s )ho, throu$h officia" ressure and inf"uence, can quash, de"ay or dismiss investi$ations he"d a$ainst them. On the other hand com "ainants are more often than not oor and sim "e fo"4 )ho cannot afford to hire "a)yers. &ina""y, it is contended that the issuance of the sub oena duces tecum )ou"d vio"ate etitioners! ri$ht a$ainst se"f3incrimination. :t is enou$h to state that the documents required to be roduced in this case are ub"ic records and those to )hom the ossession or etitioners c"aim the disbursement by sub oena duces tecum is directed are $overnment officia"s in )hose custody the documents are. Moreover, if, as the ,:: of funds for

ersona" service has a"ready been c"eared by the %O', there is

no reason )hy they shou"d ob6ect to the e-amination of the documents by res ondent Ombudsman.

TITLE:

DOROMAL VS. SANDIGANBAYAN G0$0 N!0 +2*"+

ITATI!N: &ATE: #E4TE()E$ 7, 1%+%

,A T#: +ettioner, Huintin S. Coroma", a former %ommissioner of the +residentia"

%ommission on 8ood 8overnment E+%88F, for vio"ation of the 'nti38raft and %orru t +ractices 'ct E@' 3019F, Sec. 3EhF, in connection )ith his shareho"din$s and osition as resident and director of the Coroma" :nternationa" /radin$ %or oration EC:/%F "y +01 mi""ion )orth of e"ectronic, e"ectrica", )hich submitted bids to su

automotive, mechanica" and air3conditionin$ equi ment to the Ce artment of ,ducation, %u"ture and S orts Eor C,%SF and the =ationa" Man o)er and Iouth %ounci" Eor =MI%F. :nformation )as then fi"ed by the A/anodbayanB a$ainst Coroma" for the said vio"ation and a re"iminary investi$ation )as conducted. /he etitioner then fi"ed a etition for certiorari and rohibition questionin$ the rova" of the

6urisdiction of the A/anodbayanB to fi"e the information )ithout the a S ecia" +rosecutor under the 198* %onstitution and )ho is su conduct

Ombudsman. /he Su reme %ourt he"d that the incumbent /anodbayan Eca""ed osed to retain o)ers and duties =O/ 8:V,= to the OmbudsmanF is c"ear"y )ithout authority to re"iminary investi$ations and to direct the fi"in$ of crimina" cases )ith the Sandi$anbayan, e-ce t u on orders of the Ombudsman. Subsequent"y annu""in$ the information fi"ed by the A/anodbayanB. ' ne) information, du"y a roved by the Ombudsman, )as fi"ed in the ub"ic officer, bein$ then a

Sandi$anbayan, a""e$in$ that the Coroma", a there )i""fu""y and un"a)fu""y, and )hich com any act or artici ation is

%ommissioner of the +residentia" %ommission on 8ood 8overnment, did then and artici ate in a business throu$h the Coroma" :nternationa" /radin$ %or oration, a fami"y cor oration of )hich he is the +resident, artici ated in the biddin$s conducted by the Ce artment of rohibited by "a) and the constitution. /he etitioner fi"ed a ,ducation, %u"ture and S orts and the =ationa" Man o)er J Iouth %ounci", )hich motion to quash the information on the $round that it )as inva"id since there had been no him. /he motion )as denied by Sandi$anbayan c"aimin$ that another same sub6ect matter. I##-E#: 1hether or not the act of Coroma" )ou"d constitute a vio"ation of the %onstitution7 1hether or not re"iminary investi$ation is necessary even if both re"iminary re"iminary investi$ation for the ne) information that )as fi"ed a$ainst

investi$ation is unnecessary because both o"d and ne) information invo"ve the

informations invo"ve the same sub6ect matter7

1hether or not the information sha"" be effected as inva"id due to the absence of re"iminary investi$ation7

T.E

!-$T/# $-LING:

/he resence of a si$ned document bearin$ the si$nature of Coroma" as art of the a "ication to bid sho)s that he can ri$htfu""y be char$ed )ith havin$ artici ated in a business )hich act is abso"ute"y rohibited by Section 13 of 'rtic"e V:: of the

%onstitution; because ;the C:/% remained a fami"y cor oration in )hich Coroma" has at "east an indirect interest.; #ection 13, A5tic6e 'II of the 198* %onstitution rovides that ;the +resident, Vice3+resident, the members of the %abinet and their de uties or assistants sha"" not... durin$ EtheirF tenure, direct"y or indirect"y artici ate in any business. /he ri$ht of the accused to a denia" over his o the "oss of "ife, "iberty, or re"iminary investi$ation is ;a substantia" one.; :ts rocess of "a); rovided by the

osition is a ; re6udicia" error, in that it sub6ects the accused to ro erty )ithout due re"iminary investi$ation

%onstitution. Since the first information )as annu""ed, the re"iminary investi$ation must be conducted.

conducted at that time sha"" a"so be considered as void. Cue to that fact, a ne)

/he absence of re"iminary investi$ation does not affect the court!s 6urisdiction over the case. =or do they im air the va"idity of the information or other)ise render it defective9 but, if there )ere no before enterin$ their re"iminary investi$ations and the defendants, "ea, invite the attention of the court to their absence, the

court, instead of dismissin$ the information shou"d conduct such investi$ation, order the fisca" to conduct it or remand the case to the inferior court so that the re"iminary investi$ation may be conducted. /he etition for certiorari and rohibition )as $ranted. /he Sandi$anbayan sha"" roceedin$s before it

immediate"y remand %rimina" %ase =o. 1.893 to the Office of the Ombudsman for re"iminary investi$ation and sha"" ho"d in abeyance the endin$ the resu"t of such investi$ation.

TITLE:

CIVIL LIBERTIES UNION VS. EXECUTIVE SECRETARY 317 G0$0 N!0 +3+%"

ITATI!N: 1%* # $A &ATE: ,E)$-A$3 22, 1%%1

,A T#: /he

etitioners, :$nacio +. Kacsina, Kuis @. Mauricio, 'ntonio @. Huintos and Juan /. etitioners in 83890 and Juan /. Cavid for etitioners in 8381>. (oth

Cavid for

etitions )ere conso"idated and are bein$ reso"ved 6oint"y as both see4 a dec"aration of unconstitutiona"ity of ,-ecutive Order =o. .8< issued by +resident %oraDon %. 'quino. ,-ecutive Order =o. .8<, accordin$ to the other than $overnment offices or ositions in addition to their etitioners a""o)s rimary ositions. members of the cabinet, their undersecretaries and assistant secretaries to ho"d /he ertinent rovisions of ,O .8< are as fo""o)sG #ection 1G ' cabinet member, undersecretary or assistant secretary or other a ointive officia"s of the e-ecutive de artment may in addition to his osition, ho"d not more than t)o rimary ositions in the $overnment and $overnment

cor orations and receive corres ondin$ com ensation thereof. #ection 2: :f they ho"d more than )hat is required in section 1, they must re"inquish the e-cess osition in favor of the subordinate officia" )ho is ne-t in ran4, but in no case sha"" any officer ho"d not more than t)o rimary osition. #ection 3: 't "east 1?3 of the members of the boards of such cor oration shou"d either be a secretary, undersecretary or assistant secretary. /he etitioners are cha""en$in$ ,O .8<5s constitutiona"ity because it adds ositions other than his

e-ce tions to Section 13 of 'rtic"e V:: of the constitution. 'ccordin$ to the etitioners, the on"y e-ce tions a$ainst ho"din$ any other office or em "oyment in $overnment are those may be a rovided in the constitution name"yG 1. /he Vice +resident ointed as the %abinet Member under Sec. 3 E.F of 'rtic"e V::. .. /he

secretary of 6ustice is an e-3officio of the Judicia" and (ar %ounci" by virtue of Sec. 8 of 'rtic"e V:::. I##-E#:

1hether or not ,-ecutive Order =o. .8< is unconstitutiona"7 1hether or not the rohibition in Section 13, 'rtic"e V:: of the 198* ointive officia"s in

%onstitution insofar as %abinet members, their de uties or assistants are concerned admit of the broad e-ce tions made for a $enera" under Section *, ar. E.F, 'rtic"e :3L(7 1hether or not the rohibition a "ies to ositions he"d in e- officio ca acity7

1hether or not the res ondents are ob"i$ed to reimburse the erquisites they have received from the offices they have he"d ursuant to ,O .8<7

T.E

!-$T/# $-LING:

#ection 13, A5tic6e 'II rovidesG Sec. 13. /he +resident, Vice3+resident, the Members of the %abinet, and their de uties or assistants sha"" not, un"ess other)ise tenure, direct"y or indirect"y s ecia" ractice any other rovided in this %onstitution, ho"d rofession, artici ate in any any other office or em "oyment durin$ their tenure. /hey sha"" not, durin$ said business, or be financia""y interested in any contract )ith, or in any franchise, or rivi"e$e $ranted by the 8overnment or any subdivision, a$ency, or instrumenta"ity thereof, inc"udin$ $overnment3o)ned or contro""ed cor orations or their subsidiaries. /hey sha"" strict"y avoid conf"ict of interest in the conduct of their office. /he 198* %onstitution see4s to rohibit the +resident, Vice3+resident, members of

the %abinet, their de uties or assistants from ho"din$ durin$ their tenure mu"ti "e offices or em "oyment in the $overnment, e-ce t in those cases s ecified in the %onstitution itse"f and as above c"arified )ith res ect to additiona" com ensation in an e-3officio ca acity as required by the osts he"d )ithout rovided by "a) and as

rimary functions of their office, the citation of %abinet members ointive officia"s shou"d be considered as mere

Ethen ca""ed MinistersF as e-am "es durin$ the debate and de"iberation on the $enera" ru"e "aid do)n for a"" a ersona" o inions )hich cannot override the constitution5s manifest intent and the eo "e5s understandin$ thereof. :n the "i$ht of the construction $iven to Sec 13, 'rt * in re"ation to Sec *, ar. E.F, 'rt :L3( of the 198* %onstitution, ,O .8< is ositions that %abinet unconstitutiona". Ostensib"y restrictin$ the number of rimary osition to not more than .

members, undersecretaries or assistant secretaries may ho"d in addition to their ositions in the $overnment and $overnment cor orations, ,O .8< actua""y a""o)s them to ho"d mu"ti "e offices or em "oyment in

direct contravention of the e- ress mandate of Sec 13, 'rt * of the 198* %onstitution rohibitin$ them from doin$ so, un"ess other)ise rovided in the 198* %onstitution itse"f. '"thou$h Section *, 'rtic"e :3L( a"ready contains a b"an4et e"ective and a ointive rohibition a$ainst the

ho"din$ of mu"ti "e offices or em "oyment in the $overnment subsumin$ both ub"ic officia"s, the %onstitutiona" %ommission shou"d see it rovision, Sec. 13, 'rtic"e V::, s ecifica""y rohibitin$ the fit to formu"ate another

+resident, Vice3+resident, members of the %abinet, their de uties and assistants from ho"din$ any other office or em "oyment durin$ their tenure, un"ess other)ise rovided in the %onstitution itse"f. 1hi"e a"" other a their tenure )hen such is a""o)ed by "a) or by the )hen e- ress"y authoriDed by the %onstitution itse"f. ointive officia"s in the civi" rimary functions of their service are a""o)ed to ho"d other office or em "oyment in the $overnment durin$ ositions, members of the %abinet, their de uties and assistants may do so on"y

:n other )ords, Section *, 'rtic"e :3L( is meant to "ay do)n the $enera" ru"e a "icab"e to a"" e"ective and a ointive ub"ic officia"s and em "oyees, )hi"e "icab"e on"y to the +resident, Section 13, 'rtic"e V:: is meant to be the e-ce tion a hrase Aun"ess other)ise

the Vice3 +resident, Members of the %abinet, their de uties and assistants. /he rovided in this %onstitutionB must be $iven a "itera" articu"ar instances cited in the %onstitution ointed as a member of the %abinet under rovided inter retation to refer on"y to those Section 3,

itse"f, to )itG the Vice3+resident bein$ a

ar. E.F, 'rtic"e V::9 or actin$ as +resident in those instances

under Section *, ars. E.F and E3F, 'rtic"e V::9 and, the Secretary of Justice bein$ e-3 officio member of the Judicia" and (ar %ounci" by virtue of Section 8 E1F, 'rtic"e V:::. /he a rohibition a$ainst ho"din$ dua" or mu"ti "e offices or em "oyment under "yin$ to osts occu ied by the ,-ecutive officia"s s ecified therein )ithout rovided by "a) and as rimary functions of said officia"s5 office. /he reason is that these ro er"y an im osition of additiona" duties and

Section 13, 'rtic"e V:: of the %onstitution must not, ho)ever, be construed as additiona" com ensation in an e-3officio ca acity as required by the constitutiona"

osts do no com rise Aany other officeB )ithin the contem "ation of the rohibition but are functions on said officia"s. /he term e-3officio means Afrom office9 by virtue of office.B ,-3officio "i4e)ise denotes an Aact done in an officia" character, or as a consequence of office, and )ithout any other a ointment or authority than that

conferred by the office.B /he additiona" duties must not on"y be c"ose"y re"ated to, but must be required by the officia"5s other)ise a"ien to the %onstitution. Curin$ their tenure in the questioned ositions, res ondents may be considered de rimary functions. :f the functions required to be erformed are mere"y incidenta", remote"y re"ated, inconsistent, incom atib"e, or rimary function of a cabinet officia", such additiona" urvie) of Aany other officeB rohibited by the functions )ou"d fa"" under the

facto officers and as such entit"ed to emo"uments for actua" services rendered. :t has been he"d that Ain cases )here there is no de 6ure officer, a de facto officer, )ho, in $ood faith has had a ossession of the office and has dischar$ed the duties ertainin$ thereto, is "e$a""y entit"ed to the emo"uments of the office, and may in an ro riate action recover the sa"ary, fees and other com ensations attached to er diem, a""o)ances or other emo"uments received by the ositions may the office. 'ny

res ondents by virtue of actua" services rendered in the questioned therefore be retained by them.

Overa"", ,-ecutive Order =o. .8< is unconstitutiona" as it actua""y a""o)s a member of the cabinet, undersecretary or assistant secretary or other a ointive officia"s of the ,-ecutive Ce artment to ho"d mu"ti "e offices or em "oyment in direct contravention of the e- ress mandate of Section 13, 'rtic"e V:: of the 198* %onstitution rohibitin$ them from doin$ so, un"ess other)ise rovided in the 198* %onstitution itse"f.

TITLE:

ESTRADA VS. ARROYO G0$0 N!0 1*"73+

ITATI!N: &ATE: (A$ . 2, 2001

,A T#:

+etitioner Jose h ,strada )as e"ected +resident in the May 1998 e"ections )hi"e res ondent eroded his 8"oria Maca a$a"3'rroyo )as e"ected Vice3+resident. &rom the be$innin$ of his term, ho)ever, etitioner )as "on$ time friend of the receivin$ mi""ions of etitioner, accused the "a$ued by rob"ems that s"o)"y

o u"arity. On October <, .000, :"ocos Sur 8overnor %havit Sin$son, a etitioner, his fami"y and friends of esos from 6ueten$ "ords. /he e- ose5 immediate"y i$nited

reactions of ra$e. On =ovember 13, .000, 2ouse S ea4er Vi""ar transmitted the 'rtic"es of :m eachment si$ned by 11> re resentatives or more than 1?3 of a"" the members of the 2ouse of @e resentatives to the Senate. On =ovember .0, .000,

the Senate forma""y o ened the im eachment tria" of the etitioner. On January 10, .001, by a vote of 11310, the senator36ud$es ru"ed a$ainst the o enin$ of the second enve"o e )hich a""e$ed"y contained evidence sho)in$ that +3.3 bi""ion in a secret ban4 account under the name AJose Ve"arde.B /he ru"in$ )as met by a s ontaneous outburst of an$er that hit the streets of the metro o"is. /hereafter, the 'rmed &orces and the +=+ )ithdre) their su ,strada $overnment. Some %abinet secretaries, undersecretaries, secretaries and bureau chiefs resi$ned from their +resident of the +hi"i ines. On the same day, ort to the assistant etitioner he"d

osts. On January .0, .001, at ress statement

about 1. noon, %hief Justice Cavide administered the oath to res ondent 'rroyo as etitioner issued a that he )as "eavin$ Ma"acanan$ +a"ace for the sa4e of the hea"in$ rocess of the nation. :t a"so a e-ercise the eace and in order to be$in

eared that on the same day, he si$ned

a "etter statin$ that he )as transmittin$ a dec"aration that he )as unab"e to o)ers and duties of his office and that by o eration of "a) and the %onstitution, the Vice3+resident sha"" be the 'ctin$ +resident. ' co y of the "etter )as sent to S ea4er &uentebe""a and Senate +resident +imente" on the same day. 'fter his fa"" from the o)er, the etitioner5s "e$a" rob"ems a eared in c"usters.

Severa" cases revious"y fi"ed a$ainst him in the Office of the Ombudsman )ere set in motion. +etitioner sou$ht to en6oin the res ondent Ombudsman from conductin$ any further ,ra roceedin$s in any crimina" com "aint that may be fi"ed in his office, etitioner as +resident is over and on"y if "e$a""y )arranted. rayin$ for 6ud$ment Aconfirmin$ etitioner to ines tem orari"y unti" after the term of

a"so fi"ed a Huo 1arranto case,

be the "a)fu" and incumbent +resident of the @e ub"ic of the +hi"i

unab"e to dischar$e the duties of his office, and dec"arin$ res ondent to have ta4en her oath as and to be ho"din$ the Office of the +resident, on"y in an actin$ ca acity ursuant to the rovisions of the %onstitution.B

I##-E: 1hether or not the etitioner :s on"y tem orari"y unab"e to 'ct as +resident7

T.E /he 'IIG

!-$T/# $-LING: etitioner is ermanent"y unab"e to act as +resident. #ection 11 o7 A5tic6e

*Congress has the ultimate authority under the Constitution to determine whether the +resident is incapable of performing his functions., (oth houses of %on$ress have reco$niDed res ondent 'rroyo as the +resident. /he 2ouse of @e resentative assed on January .<, .001 .ouse $eso6ution No0 672 )hich states *-esolution E.pressing /he Support $f /he 0ouse $f -epresentatives /o /he $ffice By Vice +resident 1loria (acapagal2 rroyo /he +hilippines' E.tending Its Congratulations dministration Constitution., s +artner In /he ssumption Into s +resident $fthe -epublic $f

nd E.pressing Its Support 3or 0er

ttainment $f /he 4ation5s 1oals 6nder /he

/he Senate a"so 1uingona' 7r.

assed #enate $eso6ution No0 +2 )hich states

*-esolution

Confirming +resident 1loria (acapagal2 rroyo5s 4omination $f Sen. /eofisto /. s Vice +resident $f /he -epublic $f /he +hilippines, :m "icit"y c"ear in remise that the inabi"ity of etitioner ,strada is no "on$er etitioner5s c"aim of inabi"ity. ,ven if that reco$nition is the etitioner can

tem orary. %on$ress has c"ear"y re6ected

rove that he did not resi$n, sti"", he cannot successfu""y c"aim that

he is a +resident on "eave on the $round that he is mere"y unab"e to $overn tem orari"y. /hat c"aim has been "aid to rest by %on$ress and the decision that res ondent 'rroyo is the de 6ure +resident made by a co3equa" branch of $overnment cannot be revie)ed by the Su reme %ourt. /he etition )as dismissed.

TITLE:

MARCOS VS. MANGLAPUS G0$0 N!0 ++211

ITATI!N: 177 # $A ""+ AN& 17+ # $A 7"% &ATE: #E4TE()E$ 12, 1%+%
,A T#:

/his case invo"ves a etition of mandamus and rohibition as4in$ the court to order the res ondents Secretary of &orei$n 'ffairs, etc. /o issue a trave" documents to former +res. Marcos and the immediate members of his fami"y and to en6oin the im "ementation of the +resident!s decision to bar their return to the +hi"i +etitioners assert that the ri$ht of the Marcoses to return in the +hi"i $uaranteed by the (i"" of @i$hts, s ecifica""y Sections 1 and 0. /hey contended that +res. 'quino is )ithout o)er to im air the "iberty of abode of the Marcoses because on"y a court may do so )ithin the "imits rescribed by "a). =or the +resident im air their ri$ht to trave" because no "a) has authoriDed her to do so. /hey further assert that under internationa" "a), their ri$ht to return to the +hi"i ines is $uaranteed ines. articu"ar"y by the #niversa" Cec"aration of 2uman @i$hts and the :nternationa" %ovenant on %ivi" and +o"itica" @i$hts, )hich has been ratified by the +hi"i ines. ines is

I##-E: 1hether or not, in the e-ercise of the o)ers $ranted by the constitution, the +resident E'quinoF may +hi"i ines7 rohibit the Marcoses from returnin$ to the

T.E

!-$T/# $-LING:

;:t must be em hasiDed that the individua" ri$ht invo"ved is not the ri$ht to trave" from the +hi"i ines to other countries or )ithin the +hi"i ines. /hese are )hat the ri$ht to trave" )ou"d norma""y connote. ,ssentia""y, the ri$ht invo"ved in this case at bar is the ri$ht to return to one!s country, a distinct ri$ht under internationa" "a), inde endent from a"thou$h re"ated to the ri$ht to trave". /hus, the #niversa" Cec"aration of 2uman @i$hts and the :nternationa" %ovenant on %ivi" and +o"itica" @i$hts treat the ri$ht to freedom of movement and abode )ithin the territory of a state, the ri$ht to "eave the country, and the ri$ht to enter one!s country as se arate and distinct ri$hts. 1hat the Cec"aration s ea4s of is the ;ri$ht to freedom of movement and residence )ithin the borders of each state;. On the other hand, the %ovenant $uarantees the ri$ht to "iberty of movement and freedom to choose his residence and the ri$ht to be free to "eave any country, inc"udin$ his o)n. Such ri$hts may on"y be restricted by "a)s rotectin$ the nationa" security, ub"ic order, ub"ic hea"th or mora"s or the se arate ri$hts of others.

2o)ever, ri$ht to enter one!s country cannot be arbitrari"y de rived. :t )ou"d be therefore ina ro riate to construe the "imitations to the ri$ht to return to ones country in the same conte-t as those ertainin$ to the "iberty of abode and the ri$ht to trave". /he (i"" of ri$hts treats on"y the "iberty of abode and the ri$ht to trave", but it is a )e"" considered vie) that the ri$ht to return may be considered, as a $enera""y acce ted rinci "e of :nternationa" Ka) and under our %onstitution as art of the "a) of the "and. /he court he"d that +resident did not act arbitrari"y or )ith $rave abuse of discretion in determinin$ that the return of the &ormer +res. Marcos and his fami"y oses a serious threat to nationa" interest and )e"fare. +resident 'quino has determined that the destabi"iDation caused by the return of the Marcoses )ou"d )i e a)ay the $ains achieved durin$ the ast fe) years after the Marcos re$ime. /he return of the Marcoses return to the +hi"i oses a serious threat and therefore rohibitin$ their

ines, the instant etition )as C:SM:SS,C.

TITLE: BIRAOGO ET AL VS. PHIL TRUTH COMMISSIONS ITATI!N: &ATE: &E E()E$ 7, 2010
,A T#: +resident 'quino si$ned ,. O. =o. 1 estab"ishin$ +hi"i of the +resident )ith the ine /ruth %ommission of

G0$0

1%2%32

.010 E+/%F dated Ju"y 30, .010. +/% is a mere ad hoc body formed under the Office rimary tas4 to investi$ate re orts of $raft and corru tion ub"ic officers and em "oyees, their co3 rinci a"s, revious administration, and to submit its committed by third3"eve"

accom "ices and accessories durin$ the has a"" the

findin$ and recommendations to the +resident, %on$ress and the Ombudsman. +/% o)ers of an investi$ative body. (ut it is not a quasi36udicia" body as it cannot ad6udicate, arbitrate, reso"ve, sett"e, or render a)ards in dis utes bet)een contendin$ arties. '"" it can do is $ather, co""ect and assess evidence of $raft and corru tion and ma4e recommendations. :t may have sub oena o)ers but it has no o)er to cite eo "e in contem t, much "ess order their arrest. '"thou$h it is a fact3findin$ body, it cannot determine from such facts if robab"e cause e-ists as to )arrant the fi"in$ of information in our courts of "a). +etitioners as4ed the %ourt to dec"are it unconstitutiona" and to en6oin the +/% from erformin$ its functions. /hey ar$ued thatG EaF ,.O. =o. 1 vio"ates se aration of %on$ress to create a ub"ic office and a EbF /he o)ers as it arro$ates the o)er of the

ro riate funds for its o eration.

rovision of (oo4 :::, %ha ter 10, Section 31 of the 'dministrative %ode of

198* cannot "e$itimiDe ,.O. =o. 1 because the de"e$ated authority of the +resident to structura""y reor$aniDe the Office of the +resident to achieve economy, sim "icity and efficiency does not inc"ude the o)er to create an entire"y ne) ub"ic office )hich )as hitherto ine-istent "i4e the A/ruth %ommission.B EcF ,.O. =o. 1 i""e$a""y amended the %onstitution and statutes )hen it vested the A/ruth %ommissionB )ith quasi36udicia" o)ers du "icatin$, if not su ersedin$, those of the Office of the Ombudsman created under the 198* %onstitution and the COJ created under the 'dministrative %ode of 198*. EdF ,.O. =o. 1 vio"ates the equa" investi$ation and as if corru tion is their rotection c"ause as it se"ective"y tar$ets for ersonne" of the revious administration

rosecution officia"s and

ecu"iar s ecies even as it e-c"udes those of the other

administrations, ast and resent, )ho may be indictab"e.

@es ondents, throu$h OS8, questioned the "e$a" standin$ of etitioners and ar$ued thatG EaF ,.O. =o. 1 does not arro$ate the e-ecutive o)er and o)ers of %on$ress because the +resident5s o)er to

o)er of contro" necessari"y inc"ude the inherent

conduct investi$ations to ensure that "a)s are faithfu""y e-ecuted and that, in any event, the %onstitution, @evised 'dministrative %ode of 198*, +C =o. 1<1010 Eas amendedF, @.'. =o. 99*0 and sett"ed 6uris rudence, authoriDe the +resident to create or form such bodies. EbF ,.O. =o. 1 does not usur there is no a %on$ress. EcF/he /ruth %ommission does not du "icate or su ersede the functions of the Ombudsman and the COJ, because it is a fact3findin$ body and not a quasi36udicia" body and its functions do not du "icate, su "ant or erode the "atter5s 6urisdiction. rotection c"ause because it the o)er of %on$ress to a ro riate funds because ro riated by

ro riation but a mere a""ocation of funds a"ready a

EdF /he /ruth %ommission does not vio"ate the equa" )as va"id"y created for "audab"e ur oses. I##-E: 1hether or not the question ,. O. =o. 17 1hether or not ,. O. =o. 1 vio"ates the offices, a$encies and commissions7 1hether or not ,. O. =o. 1 su COJ7 T.E /he "ants the

etitioners have "e$a" standin$ to fi"e the

etitions and

rinci "e of se aration of

o)ers by

usur in$ the o)ers of %on$ress to create and to a

ro riate funds for ub"ic

o)ers of the Ombudsman and the

1hether or not ,. O. =o. 1 vio"ates the equa" rotection c"ause7 !-$T/# $-LING: o)er of 6udicia" revie) is sub6ect to "imitations, to )itG E1F there must be an o)er9 E.F the erson

actua" case or controversy ca""in$ for the e-ercise of 6udicia"

cha""en$in$ the act must have the standin$ to question the va"idity of the sub6ect

act or issuance9 other)ise stated, he must have a

ersona" and substantia" interest

in the case such that he has sustained, or )i"" sustain, direct in6ury as a resu"t of its enforcement9 E3F the question of constitutiona"ity must be raised at the ear"iest o ortunity9 and E<F the issue of constitutiona"ity must be the very "is mota of the case. /he etition rimari"y invo4es usur ation of the o)er of the %on$ress as a body to )hich they be"on$ as members. /o the e-tent the o)ers of %on$ress are im aired, so is the o)er of each member thereof, since his office confers a ri$ht to artici ate in the e-ercise of the o)ers of that institution.

Ke$is"ators have a "e$a" standin$ to see to it that the

rero$ative,

o)ers and

rivi"e$es vested by the %onstitution in their office remain invio"ate. /hus, they are a""o)ed to question the va"idity of any officia" action )hich, to their mind, infrin$es on their rero$atives as "e$is"ators. 1ith re$ard to (irao$o, he has not sho)n that ersona" and direct in6ury rivate suits, standin$ is he sustained, or is in dan$er of sustainin$, any a be

attributab"e to the im "ementation of ,. O. =o. 1. Kocus standi is Aa ri$ht of earance in a court of 6ustice on a $iven question.B :n rosecuted or defended in the name of the rea" $overned by the Area"3 arties3in interestB ru"e. :t interest is Athe rovides that Aevery action must arty in interest.B @ea"3 arty3in

arty )ho stands to be benefited or in6ured by the 6ud$ment in the

suit or the arty entit"ed to the avai"s of the suit.B Cifficu"ty of determinin$ "ocus standi arises in re resentative of the $enera" 6udicia" ub"ic suits. 2ere, the "aintiff )ho

asserts a A ub"ic ri$htB in assai"in$ an a""e$ed"y i""e$a" officia" action, does so as a ub"ic. 2e has to sho) that he is entit"ed to see4 rotection. 2e has to ma4e out a sufficient interest in the vindication of the

ub"ic order and the securin$ of re"ief as a AcitiDenB or Ata- ayer. /he erson )ho im u$ns the va"idity of a statute must have Aa ersona" and

substantia" interest in the case such that he has sustained, or )i"" sustain direct in6ury as a resu"t.B /he %ourt, ho)ever, finds reason in (irao$o5s assertion that the etition covers matters of transcendenta" im ortance to 6ustify the e-ercise of 6urisdiction by the %ourt. /here are constitutiona" issues in the as recedents /he ,-ecutive is $iven much "ee)ay in ensurin$ that our "a)s are faithfu""y e-ecuted. /he o)ers of the +resident are not "imited to those s ecific o)ers etition )hich deserve the attention of this %ourt in vie) of their seriousness, nove"ty and )ei$ht

under the %onstitution. One of the reco$niDed

o)ers of the +resident $ranted o)er to create ad hoc

ursuant to this constitutiona""y3mandated duty is the "a)s have been faithfu""y e-ecuted. /he 4no) so that he can be

committees. /his f"o)s from the obvious need to ascertain facts and determine if ur ose of a""o)in$ ad hoc investi$atin$ erformance of his bodies to e-ist is to a""o) an inquiry into matters )hich the +resident is entit"ed to ro er"y advised and $uided in the duties re"ative to the e-ecution and enforcement of the "a)s of the "and. /here )i"" be no a a"ready a ro riation but on"y an a""otment or a""ocations of e-istin$ funds art of the ,-ecutive of the ro riate funds. /here is no need to s ecify the amount to

ro riated. /here is no usur ation on the

o)er of %on$ress to a %on$ress has

be earmar4ed for the o eration of the commission because, )hatever funds the rovided for the Office of the +resident )i"" be the very source of the funds for the commission. /he amount that )ou"d be a""ocated to the +/% sha"" be sub6ect to e-istin$ auditin$ ru"es and re$u"ations so there is no im ro riety in the fundin$.

+hi" /ruth %ommission )i"" not su res ective

"ant the Ombudsman or the COJ or erode their robab"e cause

o)ers. :f at a"", the investi$ative function of the commission )i"" ro riate com "aints before the courts remains to be )ith the erformance of his duties re"ative arent

com "ement those of the t)o offices. /he function of determinin$ for the fi"in$ of the a

COJ and the Ombudsman. +/%5s o)er to investi$ate is "imited to obtainin$ facts so that it can advise and $uide the +resident in the to the e-ecution and enforcement of the "a)s of the "and. %ourt finds difficu"ty in u ho"din$ the constitutiona"ity of ,-ecutive Order =o. 1 in vie) of its a @i$htsF of the 198* %onstitution. ,qua" rotection requires that a"" ersons or thin$s simi"ar"y situated shou"d be trans$ression of the equa" rotection c"ause enshrined in Section 1, 'rtic"e ::: E(i"" of

treated a"i4e, both as to ri$hts conferred and res onsibi"ities im osed. :t requires ub"ic bodies and institutions to treat simi"ar"y situated individua"s in a simi"ar manner. /he ur ose of the equa" rotection c"ause is to secure every erson )ithin a state5s 6urisdiction a$ainst intentiona" and arbitrary discrimination, )hether occasioned by the e- ress terms of a statue or by its im ro er e-ecution throu$h the state5s du"y constituted authorities. /here must be equa"ity amon$ equa"s as determined accordin$ to a va"id c"assification. ,qua" rotection c"ause ermits

c"assification. Such c"assification, ho)ever, to be va"id must substantia" distinctions9 E.F :t is $ermane to the "imited to e-istin$ conditions on"y9 and E<F :t a same c"ass.

ass the test of

reasonab"eness. /he test has four requisitesG E1F /he c"assification rests on ur ose of the "a)9 E3F :t is not "ies equa""y to a"" members of the

/he c"assification )i"" be re$arded as inva"id if a"" the members of the c"ass are not simi"ar"y treated, both as to ri$hts conferred and ob"i$ations im osed. ,-ecutive Order =o. 1 shou"d be struc4 do)n as vio"ative of the equa" rotection c"ause. /he revious "ain, c"ear mandate of truth commission is to investi$ate and find out the truth concernin$ the re orted cases of $raft and corru tion durin$ the administration on"y. /he intent to sin$"e out the atent and manifest. 'rroyo administration is but 6ust a member of a c"ass, that is, a c"ass of administrations. :t is not a c"ass of its o)n. =ot to inc"ude ast revious administration is

ast administrations

simi"ar"y situated constitutes arbitrariness )hich the equa" rotection c"ause cannot sanction. Such discriminatin$ differentiation c"ear"y reverberates to "abe" the commission as a vehic"e for vindictiveness and se"ective retribution. Su erficia" differences do not ma4e for a va"id c"assification. /he +/% must not e-c"ude the other ast administrations. /he +/% must, at "east, have the authority to investi$ate a"" ast administrations. /he %onstitution is the fundamenta" and and a"" aramount "a) of the nation to )hich a""

other "a)s must conform and in accordance )ith )hich a"" rivate ri$hts determined ub"ic authority administered. Ka)s that do not conform to the %onstitution etitions )ere 8@'=/,C. shou"d be stric4en do)n for bein$ unconstitutiona". /he equa" rotection c"ause of the %onstitution.

,-ecutive Order =o. 1 )as dec"ared unconstitutiona" insofar as it is vio"ative of the

TITLE:

DENR VS. DENR EMPLOYEES N!0 1*%722

ITATI!N: G0$0 &ATE: A-G-#T 1%, 2003

,A T#:

@es ondents, em "oyees of the C,=@ @e$ion L:: )ho are members of the em "oyees association, nu""ity of orders )ith tria" A%O#@'8,B, re resented by their 'ctin$ +resident, etition for (a$uindanai '. Marim, fi"ed )ith the @e$iona" /ria" %ourt of %otabato, a rayer for court issued a tem orary restrainin$ order en6oinin$

re"iminary in6unction. On Cecember 8, 1999, the etitioner from

im "ementin$ the assai"ed Memorandum. /he defendants C,=@ Secretary 'ntonio 2. %eri""es and @e$iona" ,-ecutive Cirector :srae" %. 8addi )ere ordered to cease and desist from doin$ the act com "ained of, name"y, to sto the transfer of C,=@ N@e$ionO 1. offices from %otabato %ity to Moranda" EMarbe"F, South %otabato. +etitioner fi"ed a Motion for @econsideration )ith Motion to Cismiss, raisin$ the fo""o)in$ $roundsG E1F /he o)er to transfer the @e$iona" Office of the Ce artment of ,nvironment and =atura" @esources EC,=@F is e-ecutive in nature. E.F /he decision to transfer the @e$iona" Office is based on ,-ecutive Order =o. <.9, )hich reor$aniDed @e$ion L::. E3F /he va"idity of ,O <.9 has been affirmed by the 2onorab"e Su reme %ourt in the %ase of %hion$bian vs. Orbos E199>F .<> S%@' .>>. E<F Since the etition. +etitioner5s motion for reconsideration )as denied in an Order dated ' ri" 10, .000. ' etition for certiorari under @u"e 0> )as fi"ed before the %ourt of ' /he ea"s, doc4eted as %'38.@. S+ =o. >8890. adverse etition )as dismissed outri$ht forG E1F ersona" service )as not done on the o)er to reor$aniDe the 'dministrative @e$ions is ,-ecutive in =ature citin$ %hion$bian, the 2onorab"e %ourt has no 6urisdiction to entertain this

fai"ure to submit a )ritten e- "anation )hy

arty9 E.F fai"ure to attach affidavit of service9 E3F fai"ure to indicate the etitioner5s motion for etitioner5s

materia" dates )hen co ies of the orders of the "o)er court )ere received9 E<F fai"ure to attach certified true co y of the order denyin$ reconsideration9 E>F for im ro er verification, the same bein$ based on substitute a "ost a ea". :n essence,

A4no)"ed$e and be"ief,B and E0F )ron$ remedy of certiorari under @u"e 0> to etitioner ar$ues that the tria" court erred in en6oinin$ it from causin$ the transfer of the C,=@ L:: @e$iona" Offices, considerin$ that it )as done ursuant to C,=@ 'dministrative Order 9931<. I##-E: 1hether C'O39931< and the Memorandum im "ementin$ the same )ere va"id7 1hether the C,=@ Secretary has the authority to reor$aniDe the C,=@7

T.E

!-$T/# $-LING:

's head of the ,-ecutive Ce artment, the +resident cannot be e- ected to e-ercise his contro" Eand su ervisoryF o)ers ersona""y a"" the time. 2e may de"e$ate some

of his

o)ers to the %abinet members e-ce t )hen he is required by the "yin$ the doctrine of qua"ified o"itica" a$ency, the o)er of the

%onstitution to act in erson or the e-i$encies of the situation demand that he acts ersona""y ' +resident to reor$aniDe the =ationa" 8overnment may va"id"y be de"e$ated to his cabinet members e-ercisin$ contro" over a constituted articu"ar e-ecutive de artment. /hus, in CO/% Secretary v. Maba"ot,N.1O )e he"d that the +resident P throu$h his du"y o"itica" a$ent and a"ter e$o, the CO/% Secretary P may "e$a""y and articu"ar"y the estab"ishment of ub"ic functions and va"id"y decree the reor$aniDation of the Ce artment, )ith the concomitant transfer and erformance

of CO/%3%'@ as the K/&@( @e$iona" Office at the %ordi""era 'dministrative @e$ion, res onsibi"ities a urtenant to a re$iona" office of the K/&@(.

Simi"ar"y, in the case at bar, the C,=@ Secretary can va"id"y reor$aniDe the C,=@ by orderin$ the transfer of the C,=@ L:: @e$iona" Offices from %otabato %ity to Moronada", South %otabato. /he e-ercise of this authority by the C,=@ Secretary, as an a"ter e$o, is resumed to be the acts of the +resident for the "atter had not e- ress"y re udiated the same. :n %hion$bian v. Orbos, this %ourt stressed the ru"e that the to reor$aniDe the administrative re$ions carries )ith it the re$iona" centers. o)er of the +resident o)er to determine the ur ose"y

:n identifyin$ the re$iona" centers, the +resident

intended the effective de"ivery of the fie"d services of $overnment a$encies. /he same intention can be $"eaned from the reamb"e of the assai"ed C'O39931< )hich the C,=@ sou$ht to achieve, that is, to im rove the efficiency and effectiveness of the C,=@ in de"iverin$ its services. :t may be true that the transfer of the offices may not be time"y considerin$ thatG E1F there are no bui"din$s yet to house the re$iona" offices in Moronada", E.F the transfer fa""s on the month of @amadan, E3F the chi"dren of the affected em "oyees are a"ready enro""ed in schoo"s in %otabato %ity, E<F the @e$iona" Ceve"o ment %ounci" )as not consu"ted, and E>F the San$$unian$ +an$"un$sond, throu$h a reso"ution, requested the C,=@ Secretary to reconsider the orders. 2o)ever, these concern issues addressed to the )isdom of the transfer rather than to its "e$a"ity. :t is basic in our form of $overnment that the 6udiciary cannot inquire into the )isdom or e- ediency of the acts of the e-ecutive or the "e$is"ative de artment,N.<O for each de artment is su reme and inde endent of the others, and each is devoid of authority not on"y to encroach u on the o)ers or fie"d of action assi$ned to any of the other de artment, but a"so to inquire into or )isdom of the acts de artments. ass u on the advisabi"ity or erformed, measures ta4en or decisions made by the other

/he Su reme %ourt shou"d not be thou$ht of as havin$ been tas4ed )ith the a)esome res onsibi"ity of overseein$ the entire bureaucracy. "ac4 or e-cess of 6urisdiction, the %ourt5s e-ercise of the 6udicia" and "imit"ess it may seem to be, sti"" must succumb to the se aration of #n"ess there is a o)er, ervasive c"ear sho)in$ of constitutiona" infirmity or $rave abuse of discretion amountin$ to aramount doctrine of

o)ers.N.0O 'fter a carefu" revie) of the records of the case, )e find

that this 6uris rudentia" e"ement of abuse of discretion has not been sho)n to e-ist. :n vie) of the fore$oin$, the etition for revie) )as $ranted. /he reso"utions of the %ourt of ' ea"s in %'38.@. S+ =o. >8890 dated May 31, .000 and 'u$ust .0, .001, as )e"" as the decision dated January 1<, .000 of the @e$iona" /ria" %ourt of %otabato %ity, (ranch 1>, in %ivi" %ase =o 389, )ere @,V,@S,C and S,/ 'S:C,. /he ermanent in6unction, )hich en6oined the etitioner from enforcin$ the Memorandum Order of the C,=@ L:: @e$iona" ,-ecutive Cirector )as "ifted.

TITLE:

MONDANO VS. SILVOSA %7 4.IL 1*3

ITATI!N: &ATE: (A3 30, 1%22

,A T#:

Mondano )as the mayor of Mainit, Suri$ao. ' com "aint )as fi"ed a$ainst him for ra e and concubina$e. /he information reached the 'ssistant ,-ecutive Secretary )ho ordered the $overnor to investi$ate the matter. Si"vosa then summoned Mondano and the "atter a Mondano. Mondano fi"ed a further eared before him. /hereafter Si"vosa sus ended etition for rohibition en6oinin$ the $overnor from rovided that he, as art of the

roceedin$. Si"vosa invo4ed the @'% )hich

e-ecutive and by virtue o the order $iven by the 'sst ,-ec Sec, is )ith Adirect contro", direction, and su ervision over a"" bureaus and offices under his 6urisdiction B and to that end Amay order the investi$ation of any act or conduct of any there)ith may a oint a committee or desi$nate an officia" or erson in the service of any bureau or office under his Ce artment and in connection erson )ho sha"" conduct such investi$ations. I##-E: T.E 1hether or not the 8overnor can e-ercise the o)er of contro"7 !-$T/# $-LING:

/he e-ecutive de artments of the 8overnment created and or$aniDed before the a rova" of the %onstitution continued to e-ist as AauthoriDed by "a) unti" the rovide other)ise.B /he %onstitution rovidesG A/he +resident sha"" rovided by "a), and ta4e care rovision the %on$ress sha""

have contro" of a"" the e-ecutive de artments, bureaus, or offices, e-ercise $enera" su ervision over a"" "oca" $overnments as may be +resident has been invested )ith the that the "a)s be faithfu""y e-ecuted.B #nder this constitutiona"

o)er of contro" of a"" the e-ecutive

de artments, bureaus, or offices, but not of a"" "oca" $overnments over )hich he has been $ranted on"y the o)er of $enera" su ervision as may be rovided by "a) 0 /he Ce artment head as a$ent of the +resident has direct contro" and su ervision over a"" bureaus and offices under his 6urisdiction as rovided for in section *9EcF of the @evised 'dministrative %ode, but he does not have the same contro" of "oca" $overnments as that e-ercised by him over bureaus and offices under his 6urisdiction. Ki4e)ise, his authority to order the investi$ation of any act or conduct of any erson in the service of any bureau or office under his de artment is confined to bureaus or offices under his 6urisdiction and does not e-tend to "oca"

$overnments over )hich, as a"ready stated, the +resident e-ercises on"y $enera" su ervision as may be rovided by "a). :f the rovisions of section *9

EcF of the @evised 'dministrative %ode are to be construed as conferrin$ u on the corres ondin$ de artment head direct contro", direction, and su ervision over a"" "oca" $overnments and that for that reason he may order the investi$ation of an officia" of a "oca" $overnment for ma"feasance in office, such inter retation )ou"d be contrary to the rovisions of ar 1, sec 10, 'rtic"e *, of the 193> %onstitution. :f A$enera" su ervision over a"" "oca" $overnmentsB is to be construed as the same o)er $ranted to the Ce artment 2ead in sec *9 EcF of the @'%, then there )ou"d no "on$er be a distinction or difference bet)een the authority of an officer to see that subordinate officers rescribed by "a) to ma4e them means the o)er of contro" and that of o)er or as erform their duties. :f the su ervision. :n administrative "a) su ervision means overseein$ or the

"atter fai" or ne$"ect to fu"fi"" them the former may ta4e such action or ste

erform their duties. %ontro", on the other hand, erformance of his duties and to substitute the

o)er of an officer to a"ter or modify or nu""ify or set aside )hat a

subordinate officer had done in the sec *9 EcF of the @'%.

6ud$ment of the former for that of the "atter. Such is the im ort of the rovisions of

/he %on$ress has e- ress"y and s ecifica""y "od$ed the munici a" officia"s in the duty, o

rovincia" su ervision over

rovincia" $overnor )ho is authoriDed to Areceive and

investi$ate com "aints made under oath a$ainst munici a" officers for ne$"ect of ression, corru tion or other form of ma"administration of office, and conviction by fina" 6ud$ment of any crime invo"vin$ mora" tur itude.B 'nd if the char$es are serious, Ahe sha"" submit )ritten char$es touchin$ the matter to the rovincia" board, furnishin$ a co y of such char$es to the accused either ersona""y or by re$istered mai", and he may in such case sus end the officer Enot bein$ the munici a" treasurerF endin$ action by the board, if in his o inion the char$e be one affectin$ the officia" inte$rity of the officer in question.B Sec 80 of the @evised 'dministrative %ode adds nothin$ to the that it does and such additiona" o)er of su ervision to be e-ercised by munici a"ities :f it be construed o)er must be the Ce artment 2ead over the administration of

o)er is the same authority as that vested in the

Ce artment 2ead by sec *9 EcF of the @'%, then such additiona"

deemed to have been abro$ated by sec10E1F, 'rtic"e *, of the %onstitution.

TITLE: VILLENA VS. SECRETARY OF INTERIOR ITATI!N: "7 4.IL &ATE: A4$IL 21, 1%3%
,A T#: +etitioner, Vi""ena )as the then mayor of Ma4ati. 'fter investi$ation, the Secretary of :nterior recommended the sus ension of Vi""ena )ith the Office of the )ho a c"aimin$ that the Secretary has no 6urisdiction over the matter. /he resident o)er or roved the same. /he Secretary then sus ended Vi""ena. Vi""ena averred

*21

G0$0

N!0

L1*"270

6urisdiction is "od$ed in the "oca" $overnment Nthe $overnorO ursuant to sec .188 of the 'dministrative %ode. &urther, even if the res ondent Secretary of the :nterior has o)er of su ervision over "oca" $overnments, that o)er, accordin$ to the rovisions of "a) and the constitution, must be e-ercised in accordance )ith the

rovisions of "a) $overnin$ tria"s of char$es a$ainst e"ective munici a" officia"s are those contained in sec .188 of the 'dministrative %ode as amended. :n other )ords, the Secretary of the :nterior must e-ercise his su ervision over "oca" $overnments, if he has that o)er under e-istin$ "a), in accordance )ith sec .188 rovisions $overn the unishin$ e"ective "oca" officia"s )hi"e of the 'dministrative %ode, as amended, as the "atter rocedure to be fo""o)ed in sus endin$ and s ecia" "a). I##-E: 1hether or not the Secretary of :nterior can sus end an K8# officia" under investi$ation7

sec *9 E%F of the 'dministrative %ode is the $enera "a) )hich must yie"d to the

T.E

!-$T/# $-LING:

/here is no c"ear and e- ress $rant of o)er to the secretary to sus end a mayor of a munici a"ity )ho is under investi$ation. On the contrary, the "od$ed in the rovides that A/he o)er a ears rovincia" $overnor by sec .188 of the 'dministrative %ode )hich rovincia" $overnor sha"" receive and investi$ate com "aints ression,

made under oath a$ainst munici a" officers for ne$"ect of duty, o

corru tion or other form of ma"administration of office, and conviction by fina" 6ud$ment of any crime invo"vin$ mora" tur itude. /he fact, ho)ever, that the o)er of sus ension is e- ress"y $ranted by sec .188 of the 'dministrative %ode to the rovincia" $overnor does not mean that the $rant is necessari"y e-c"usive and rec"udes the Secretary of the :nterior from e-ercisin$ a simi"ar o)er. &or instance, counse" for the +resident of the +hi"i etitioner admitted in the ora" ar$ument that the

ines may himse"f sus end the etitioner from office in virtue

of his $reater o)er of remova" Esec. .191, as amended, 'dministrative %odeF to be e-ercised conformab"y to "a). :ndeed, if the

+resident cou"d, in the manner

rescribed by "a), remove a munici a" officia"9 it o)er of o)er atent if, ossessed of the

)ou"d be a "e$a" incon$ruity if he )ere to be devoid of the "esser sus ension. 'nd the incon$ruity )ou"d be more both to sus end and to remove a /he %odeF, the +resident )ere to be )ithout the

rovincia" officia" Esec. .0*8, 'dministrative o)er to sus end a munici a" officia".

o)er to sus end a munici a" officia" is not e-c"usive. +reventive sus ension

may be issued to $ive )ay for an im artia" investi$ation.

TITLE:

LACSON-MAGALLANES CO. INC VS. PAO +%2 G0$0 N!0 L127+11

ITATI!N: 21 # $A &ATE: N!'E()E$ 17, 1%"7

,A T#:

Ma$a""anes )as ermitted to use and occu y a "and used for asture in Cavao. /he said "and )as a forest Done )hich )as "ater dec"ared as an a$ricu"tura" Done. Ma$a""anes then ceded his ri$hts to KM% of )hich he is a co3o)ner. +aQo )as a farmer )ho asserted his c"aim over the same iece of "and. /he Cirector of Kands etition denied +aQo5s request. /he Secretary of '$ricu"ture "i4e)ise denied his +aQo. KM% averred that the ear"ier decision of the Secretary is a"ready conc"usive hence beyond a ea". 2e a"so averred that the decision of the ,-ecutive Secretary is an o)er. /he %onstitution, KM% asserts, does not contain any residentia" o)er of contro" may be de"e$ated to the undue de"e$ation of ,-ecutive Secretary. :t is ar$ued that it is the constitutiona" duty of the +resident to act the matter. I##-E: ersona""y u on

hence it )as e"evated to the Office of the +resident. ,-ec Sec +a6o ru"ed in favor of

rovision )hereby the

1hether or not the

o)er of contro" may be de"e$ated to the ,-ec Sec and

may it be further de"e$ated by the ,-ecutive Secretary7 T.E !-$T/# $-LING: So, too, is his

/he +resident5s duty to e-ecute the "a) is of constitutiona" ori$in. contro" of a"" e-ecutive de artments. his confidence. 2is is the o)er to a them at

/hus it is, that de artment heads are men of oint them9 his, too, is the rivi"e$e to dismiss

"easure. =atura""y, he contro"s and directs their acts. :m "icit then is his

authority to $o over, confirm, modify or reverse the action ta4en by his de artment secretaries. :n this conte-t, it may not be said that the +resident cannot ru"e on the correctness of a decision of a de artment secretary. +arenthetica""y, it may be stated that the ri$ht to a ea" to the +resident re oses u on the +resident5s 'nd contro" sim "y means Athe o)er of contro" over o)er of an officer to the e-ecutive de artments.

a"ter or modify or nu""ify or set aside )hat a subordinate officer had done in the erformance of his duties and to substitute the 6ud$ment of the former for that of the "atter.B :t is correct to say that constitutiona" e-ercise in erson. o)ers there are )hich the +resident must

=ot as correct, ho)ever, is it to say that the %hief ,-ecutive @eason is not )antin$ for this vie).

may not de"e$ate to his ,-ecutive Secretary acts )hich the %onstitution does not command that he erform in erson.

/he +resident is not e- ected to

erform in

erson a"" the mu"tifarious e-ecutive

and administrative functions. /he office of the ,-ecutive Secretary is an au-i"iary unit )hich assists the +resident. /he ru"e )hich has thus $ained reco$nition is that Aunder our constitutiona" setu the ,-ecutive Secretary )ho acts for and in beha"f and by authority of the +resident has an undis uted 6urisdiction to affirm, modify, or even reverse any orderB that the Secretary of '$ricu"ture and =atura" @esources, inc"udin$ the Cirector of Kands, may issue.

TITLE:

GANZON V.S COURT OF APPEALS G0$0 N!0 %3222

ITATI!N: &ATE: N!'E()E$ +, 1%%1

,A T#:

8anDon )as the then mayor of :"oi"o %ity. 10 com "aints )ere fi"ed a$ainst him on $rounds of misconduct and misfeasance of office. /he Secretary of Koca" 8overnment issued a 000 day sus ension a$ainst 8anDon based on the merits of the com "aints fi"ed a$ainst him. 8anDon a ea"ed the issue to the %' and the %' affirmed the sus ension order by the Secretary. 8anDon asserted that the 198* %onstitution does not authoriDe the +resident nor any of his a"ter e$o to sus end and remove "oca" officia"s9 this is because the 198* %onstitution su orts "oca" autonomy and stren$thens the same. 1hat )as $iven by the resent %onstitution )as mere su ervisory o)er. I##-E: 1hether or not the Secretary of Koca" 8overnment, as the +resident5s a"ter e$o, can sus end and or remove "oca" officia"s7 T.E !-$T/# $-LING:

8anDon is under the im ression that the %onstitution has "eft the +resident mere su ervisory o)ers, )hich su osed"y e-c"udes the o)er of investi$ation, and denied her contro", )hich a""e$ed"y embraces disci "inary authority. :t is a mista4en im ression because "e$a""y, Asu ervisionB is not incom atib"e )ith disci "inary authority. /he S% had occasion to discuss the sco e and e-tent of the o)er of su ervision by the +resident over "oca" $overnment officia"s in contrast to the o)er of contro" $iven to him over e-ecutive officia"s of our $overnment )herein it )as em hasiDed that the t)o terms, contro" and su ervision, are t)o different thin$s )hich differ one from the other in meanin$ and e-tent. A:n administration "a) su ervision means overseein$ or the o)er or authority of an officer to see that subordinate officers erform their duties. :f the "atter fai" or ne$"ect to fu"fi"" them the former may ta4e such action or ste as rescribed by "a) to ma4e them erform their duties. %ontro", on the other hand, means the o)er of an officer to a"ter or modify or nu""ify of set aside )hat a subordinate officer had done in the erformance of his duties and to substitute the 6ud$ment of the former for that of the "atter.B (ut from this ronouncement it cannot be reasonab"y inferred that the o)er of su ervision of the +resident over "oca" $overnment officia"s does

not inc"ude the

o)er of investi$ation )hen in his o inion the $ood of the

ub"ic

service so requires. /he Secretary of Koca" 8overnment, as the a"ter e$o of the resident, in sus endin$ 8anDon is e-ercisin$ a va"id o)er. 2e ho)ever overste sus ension. ed by im osin$ a 000 day

/he ur$ent motion of ordered to a""o)

etitioner, dated * Se tember 1991 )as $ranted. /he

tem orary restrainin$ order dated > Se tember 1991 )as "ifted. @es ondents are etitioner to re3assume his office as e"ected Mayor of :"oi"o %ity effective immediate"y. /he %ourt of ' ea" is directed to dismiss %'38.@. S+ =o. .>8<0 for havin$ become rohibition ES ecia" %ivi" 'ction =o. 1831.F is endin$ is a"so

moot and academic. /he @e$ion /ria" %ourt of :"oi"o %ity, (ranch 33 before )hich etitioner5s action for ordered to dismiss the said case for havin$ become moot and academic insofar as etitioner rays therein to en6oin his EsecondF reventive sus ension. /his reso"ution is )ithout second, third and fourth re6udice to the administrative cases E)here the first, reventive sus ension orders )ere issuedF roceedin$ on

the merits thereof. '"so, as decreed in the main decision of > 'u$ust 1991. +etitioner, Mayor @odo"fo 8anDon, may not be made to serve future sus ensions on account of any of the remainin$ administrative char$es acts committed rior to 'u$ust 11, 1988. endin$ a$ainst him for

TITLE:

DADOLE VS COMMISSION ON AUDIT N!0 122 320

ITATI!N: G0$0 &ATE: &E E()E$ 3, 2002

,A T#:

:n 1980, the @/% and M/% 6ud$es of Mandaue %ity started receivin$ month"y a""o)ances of +1,.00 each throu$h the year"y a ro riation ordinance enacted by the San$$unian$ +an"un$sod of the said city. :n 1991, Mandaue %ity increased the amount to +1,>00 for each 6ud$e. On March 1>, 199<, the Ce artment of (ud$et and Mana$ement EC(MF issued the dis uted Koca" (ud$et %ircu"ar =o. >> EK(% >>F )hich rovided that 3 :n the "i$ht of the authority $ranted to the "oca" $overnment rovide for additiona" a""o)ances and units under the Koca" 8overnment %ode to

other benefits to nationa" $overnment officia"s and em "oyees assi$ned in their "oca"ity, such additiona" a""o)ances in the form of honorarium at rates not e-ceedin$ +1,000.00 in the rovinces and cities and +*00.00 in munici a"ities may be $ranted sub6ect to the fo""o)in$ conditionsG aF /hat the $rant is not mandatory on art of the K8#s9 bF /hat a"" contractua" and statutory ob"i$ations of the K8# rovided in the inc"udin$ the im "ementation of @.'. 0*>8 sha"" have been fu""y

bud$et9 cF /hat the bud$etary requirements?"imitations under Section 3.< and 3.> of @.'. *100 shou"d be satisfied and?or com "ied )ith9 and dF /hat the K8# has fu""y im "emented the devo"ution of functions? ersonne" in accordance )ith @.'. *100. 'ctin$ on the C(M directive, the Mandaue %ity 'uditor issued notices of disa""o)ance to herein etitioners, name"y, 2onorab"e @/% Jud$es Mercedes 8. Cado"e, #"ric @. %aQete, '$ustin @. Vesti", 2onorab"e M/% Jud$es /emistoc"es M. (oho"st, Vicente %. &ani"a$ and 1i"fredo '. Ca$atan, in e-cess of the amount authoriDed by K(% >>. (e$innin$ October, 199<, the additiona" month"y a""o)ances of the etitioner 6ud$es )ere reduced to +1,000 each. /hey )ere a"so as4ed to

reimburse the amount they received in e-cess of +1,000 from ' ri" to Se tember, 199<. /he etitioner 6ud$es fi"ed )ith the Office of the %ity 'uditor a rotest a$ainst the

notices of disa""o)ance. (ut the %ity 'uditor treated the

rotest as a motion for

reconsideration and indorsed the same to the %O' @e$iona" Office =o. *. :n turn, the %O' @e$iona" Office referred the motion to the head office )ith a recommendation that the same be denied. On Se tember .1, 199>, res ondent %O' rendered a decision denyin$ 8oDo3Cado"e, for and in beha"f of the %O' denied the motion. etitioners5

motion for reconsideration. On =ovember .*, 199>, ,-ecutive Jud$e Mercedes etitioner 6ud$es, fi"ed a motion for reconsideration of the decision of the %O'. :n a reso"ution dated May .8, 1990, the

I##-E: 1hether or not the administrative circu"ar or $uide"ine such as Koca" (ud$et %ircu"ar =o. >> render ino erative the o)er of the "e$is"ative body of a city by settin$ a "imit /o the e-tent of the e-ercise of such o)er7 T.E !-$T/# $-LING:

'ccordin$ to res ondent %O', even if K(% >> )ere void, the ordinances enacted by Mandaue %ity $rantin$ additiona" a""o)ances to the etitioner 6ud$es )ou"d Asti"" EbeF bereft of "e$a" basis for )ant of a "a)fu" source of funds considerin$ that the :@' cannot be used for such purposes .B @es ondent %O' sho)ed that Mandaue %ity5s funds consisted of "oca""y $enerated revenues and the :@'. &rom 1989 to 199>, Mandaue %ity5s year"y e- enditures e-ceeded its "oca""y $enerated revenues, thus resu"tin$ in a deficit. Curin$ a"" those years, it )as the :@' that enab"ed Mandaue %ity to incur a sur "us. @es ondent avers that Mandaue %ity used its :@' to and ' 1 . ay for said additiona" a""o)ances and this vio"ated a$e 1000, of @' *8<> E/he 8enera" ' ara$ra h 3 of the S ecia" +rovision, ara$ra h . of the S ecia" +rovisions, ro riations 'ct of 199>F 1N1.O

a$e 1..>, of @' *003 E/he 8enera"

ro riations 'ct of 199<F.N13O )hich s ecifica""y identified the ob6ects of

e- enditure of the :@'. =o)here in said rovisions of the t)o bud$etary "a)s does it say that the :@' can be used for additiona" a""o)ances of 6ud$es. @es ondent %O' thus ar$ues that the rovisions in the ordinance rovidin$ for such disbursement ro riations acts. are a$ainst the "a), considerin$ that the $rant of the sub6ect a""o)ances is not )ithin the s ecified use a""o)ed by the aforesaid year"y a @es ondent %O' fai"ed to

rove that Mandaue %ity used the :@' to s end for the

additiona" a""o)ances of the 6ud$es. /here )as no evidence submitted by %O' sho)in$ the brea4do)n of the e- enses of the city $overnment and the funds used for said e- enses. '"" the %O' resented )ere the amounts e- ended, the "oca""y resented to sho) that Mandaue %ity $enerated revenues, the deficit, the sur "us and the :@' received each year. 'side from these items, no data or fi$ures )ere deducted the sub6ect a""o)ances from the :@'. :n other )ords, 6ust because Mandaue %ity5s "oca""y $enerated revenues )ere not enou$h to cover its e- enditures, this did not mean that the additiona" a""o)ances of )ere ta4en from the :@' and not from the city5s o)n revenues. Moreover, the C(M neither conducted a forma" revie) nor ordered a disa Mandaue %ity5s a by Sections 3.0 and 3.* of @' *100 )hich rovide thatG rova" of etitioner 6ud$es

ro riation ordinances, in accordance )ith the rocedure out"ined

Section 3.0. @evie) of '

ro riation Ordinances of +rovinces, 2i$h"y #rbaniDed

%ities, :nde endent %om onent %ities, and Munici a"ities )ithin the Metro o"itan Mani"a 'rea. /he Ce artment of (ud$et and Mana$ement sha"" revie) ordinances authoriDin$ the annua" or su "ementa" a ro riations of rovinces, hi$h"y3 urbaniDed cities, inde endent com onent cities, and munici a"ities )ithin the Metro o"itan Mani"a 'rea in accordance )ith the immediate"y succeedin$ Section. Section 3.*. @evie) of ' Munici a"ities.3 /he authoriDin$ annua" or su revie) of other ordinances. :f )ithin ninety E90F days from recei t of co ies of such ordinance, the san$$unian$ an"a"a)i$an ta4es no action thereon, the same sha"" be deemed to have been revie)ed in accordance )ith "a) and sha"" continue to be in fu"" force and effect. ro riation Ordinances of %om onent %ities and an"a"a)i$an sha"" revie) eriod the ordinance "ementa" a ro riations of com onent cities and rescribed for the

san$$uninan$

munici a"ities in the same manner and )ithin the same

1ithin 90 days from recei t of the co ies of the a shou"d have ta4en been

ro riation ordinance, the C(M

ositive action. Other)ise, such ordinance )as deemed to have ro riate rocedure for revie)in$ the

ro er"y revie)ed and deemed to have ta4en effect. :nasmuch as, in the

instant case, the C(M did not fo""o) the a "on$er question the "e$a"ity of the

sub6ect ordinance of Mandaue %ity and a""o)ed the 903day eriod to "a se, it can no rovisions in the said ordinance $rantin$ additiona" a""o)ances to 6ud$es stationed in the said city. /he etition )as $ranted and the assai"ed decision and reso"ution, dated Se tember .1, 199> and May .8, 1990, res ective"y, of the %ommission on 'udit )ere set aside.

TITLE:

GPI VS. SPRINGER 22% G0$0 N!0 2"%7%

ITATI!N: 20 4.IL &ATE: A4$IL 1, 1%27

,A T#:

Sometime in the 1900s, the =ationa" %oa" %om any E=%%F )as created by the +hi"i ine %on$ress. /he "a) created it E'ct =o. .8..F rovides thatG A/he votin$ o)er R sha"" be vested e-c"usive"y in a committee consistin$ of the 8overnor3 8enera", the +resident of the Senate, and the S ea4er of the 2ouse of @e resentatives.B :n =ovember 19.0, the 8overnor38enera" EKeonard 1oodF issued ,.O. =o. 3* )hich divested the votin$ ri$hts of the Senate +resident and 2ouse S ea4er in the =%%. /he ,O em hasiDed that the votin$ ri$ht shou"d be so"e"y "od$ed in the 8overnor3 8enera" )ho is the head of the $overnment E+resident at that time )as considered

the head of state but does not mana$e $overnment affairsF. ' co y of the said ,O )as furnished to the Senate +resident and the 2ouse S ea4er. 2o)ever, in Cecember 19.0, =%% he"d its e"ections and the Senate +resident as )e"" as the 2ouse S ea4er, not)ithstandin$ ,O =o. 3* and the ob6ection of the 8overnor38enera", sti"" e"ected Mi"ton S rin$er and four others as (oard of roceedin$ in beha"f of the Cirectors of =%%. /hereafter, a 8uo warranto into the (oard of =%%. I##-E: 1hether or not the Senate +resident as )e"" as the 2ouse S ea4er can va"id"y e"ect the (oard Members of =%%7 T.E !-$T/# $-LING:

$overnment )as fi"ed a$ainst S rin$er et a" questionin$ the va"idity of their e"ection

,.O. =o 3* is va"id. :t is in accordance )ith the doctrine of se aration of o)ers. /he Su reme %ourt em hasiDed that the "e$is"ature creates the nothin$ to do )ith desi$natin$ the ersons to fi"" the office. ' ub"ic office but it has ointin$ ersons to a o)er of

ub"ic office is essentia""y e-ecutive. /he =%% is a $overnment o)ned and contro""ed cor oration. :t )as created by %on$ress. /o e-tend the a oint members of the =%% is a"ready an invasion of e-ecutive oint ersons to fi"" %on$ress into a""o)in$ it, throu$h the Senate +resident and the 2ouse S ea4er, to o)ers. /he Su reme %ourt ho)ever notes that indeed there are e-ce tions to this ru"e )here the "e$is"ature may a found in the a e-ecutive branch. ub"ic office. Such e-ce tion can be ersons to fi"" offices )ithin the ointment by the "e$is"ature of

"e$is"ative branch P this e-ce tion is a""o)ab"e because it does not )ea4en the

,very other consideration to one side, this remains certainS/he con$ress of the #nited States c"ear"y intended that the 8overnor3 8enera"5s o)er shou"d be commensurate )ith his res onsibi"ity. /he %on$ress never intended that the 8overnor38enera" shou"d be sadd"ed )ith the res onsibi"ity of administerin$ the $overnment and of e-ecutin$ the "a)s but shorn of the interests of the +hi"i rinci "es of constitutiona" $overnment. o)er to do so. /he ines )i"" be best served by strict adherence to the basic

/here )as no hesitancy in conc"udin$ that so much of section < of 'ct =o. .*0>, as amended by section . of 'ct =o. .8.., as ur orts to vest the votin$ o)er of the $overnment3o)ned stoc4 in the =ationa" %oa" %om any in the +resident of the Senate and the S ea4er of the 2ouse of @e resentatives, is unconstitutiona" and void. :t resu"ts, therefore, in the demurrer bein$ overru"ed, and as it )ou"d be im racticab"e for the defendants to ans)er, 6ud$ment sha"" be rendered oustin$ and e-c"udin$ them from the offices of directors of the =ationa" %oa" %om any.

TITLE:

SARMIENTO VS. MISON 2*% G0$0 N!0 7%%7*

ITATI!N: 12" # $A &ATE: &E E()E$ 17, 1%+7

,A T#:

:n this etition for rohibition, the etitioners, )ho are ta- ayers, "a)yers, members of the :nte$rated (ar of the +hi"i ines and rofessors of %onstitutiona" Ka), see4 to en6oin the res ondent Sa"vador Mison from erformin$ the functions of the Office of %ommissioner of the (ureau of %ustoms and the res ondent 8ui""ermo %ara$ue, as Secretary of the Ce artment of (ud$et, from effectin$ disbursements in ayment of Mison5s sa"aries and emo"uments, on the $round that Mison5s a havin$ been confirmed by the %ommission on ' ointments. ointment as %ommissioner of the (ureau of %ustoms is unconstitutiona" by reason of its not

/he res ondents, on the other hand, maintain the constitutiona"ity of res ondent Mison5s a I##-E: 1hether or not a"" a the %ommission on ' ointments made by the ointments to be va"id7 resident require a rova" of ointment )ithout the confirmation of the %ommission on ' ointments.

T.E

!-$T/# $-LING: rovides 3 A/he +resident sha"" ointments, a oint the ub"ic ministers and

#ection 1", A5tic6e 'II of the 198* %onstitution

nominate and, )ith the consent of the %ommission on '

heads of the e-ecutive de artments, ambassadors, other and other officers )hose a sha"" a"so a other)ise a

consu"s, or officers of the armed forces from the ran4 of co"one" or nava" ca tain, ointments are vested in him in this %onstitution. 2e ointments are not oint a"" other officers of the 8overnment )hose a

rovided for by "a), and those )hom he may be authoriDed by "a) to ointment of other officers "o)er in

oint. /he %on$ress may, by "a), vest the a

ran4 in the +resident a"one, in the courts, or in the heads of the de artments, a$encies, commissions or boards. /he +resident sha"" have the effective on"y unti" disa o)er to ma4e a ointments durin$ the recess of the ointments sha"" be ointments or unti" the

%on$ress, )hether vo"untary or com u"sory, but such a rova" by the %ommission on ' ne-t ad6ournment of the %on$ress.

:t is a a

arent, that there are four E<F $rou s of officers )hom the +resident sha""

oint. /hese four E<F $rou s areG

&irst, the heads of the e-ecutive de artments, ambassadors, other and other officers )hose a

ub"ic ministers

and consu"s, officers of the armed forces from the ran4 of co"one" or nava" ca tain, ointments are vested in him in this %onstitution9 ointments are not other)ise

Second, a"" other officers of the 8overnment )hose a rovided for by "a)9

/hird, those )hom the +resident may be authoriDed by "a) to a &ourth, officers "o)er in ran4 )hose a the +resident a"one. /he first $rou on ' a of officers is c"ear"y a

oint9

ointments the %on$ress may by "a) vest in

ointed )ith the consent of the %ommission ointments, the +resident resent bone of

ointments. '

ointments of such officers are initiated by nomination and, if

the nomination is confirmed by the %ommission on '

oints. /he second, third and fourth $rou s of officers are the

contention. (y fo""o)in$ the acce ted ru"e in constitutiona" and statutory construction that an e- ress enumeration of sub6ects e-c"udes others not enumerated, it )ou"d fo""o) that on"y those a stated in the first $rou ' /he ointments. osition of %ommissioner of the (ureau of %ustoms Ea bureau headF is not one of a ointments )here the consent of the ointed ointments is required. 's a matter of fact, as a"ready ointments to ositions e- ress"y require the consent EconfirmationF of the %ommission on

of those )ithin the first $rou %ommission on ' )hose a

out, )hi"e the 193> %onstitution inc"udes Aheads of bureausB amon$ those officers ointments need the consent of the %ommission on ' ointments, the 198* %onstitution on the other hand, de"iberate"y e-c"uded the osition of Aheads of bureausB from a %ommission on ' ointments that need the consent EconfirmationF of the ointments. ines acted )ithin her

%onsequent"y, )e ru"e that the +resident of the +hi"i constitutiona" authority and %ommission on ' o)er in a

ointin$ res ondent Sa"vador Mison,

%ommissioner of the (ureau of %ustoms, )ithout submittin$ his nomination to the ointments for confirmation. 2e is thus entit"ed to e-ercise the fu"" authority and functions of the office and to receive a"" the sa"aries and emo"uments ertainin$ thereto.

TITLE:

CONCEPTION- BAUTISTA VS. SALONGA # $A 1"0 G0$0 N!0 +"*3%

ITATI!N: 172 &ATE: A4$IL 13, 1%+%

,A T#:

On 'u$ust .*, 198*, +resident %ory 'quino a

ointed

etitioner (autista as

ermanent %hairman of the %ommission on 2uman @i$hts E%2@F. (autista too4 her oath of office on Cecember .., 1988 to %hief Justice Marce"o &ernan and immediate"y acted as such. On January 9, 1989, the Secretary of the %ommission on ' ointments E%o'F )rote

a "etter to (autista requestin$ for her resence a"on$ )ith severa" documents at the office of %o' on January 19. (autista refused to be "aced under %o'!s revie) hence this etition fi"ed )ith the Su reme %ourt. 1hi"e )aitin$ for the ab"e to sit in his a ro$ress of the case, +resident 'quino a ointed 2esiquio @.

Ma""i""in as ;'ctin$ %hairman of the %ommission on 2uman @i$hts; but he )as not ointive office because of (autista!s refusa" to surrender her rovides that the tenure of the %hairman and "easure of the +resident thus ost. Ma"i"in invo4ed ,O 1033' )hich

the %ommissioners of the %2@ shou"d be at the

statin$ that (autista sha"" be subsequent"y removed as )e"". I##-E: 1hether or not (autista5s a ointment is sub6ect to %o'5s confirmation7

T.E

!-$T/# $-LING: osition of %hairman of the %2@ is not amon$ the ositions mentioned in ointments to )hich ointment by

Since the

the first sentence of Sec. 10, 'rt. * of the 198* %onstitution, a

are to be made )ith the confirmation of the %o' it fo""o)s that the a artici ation of the %o'. /o be more recise, the a

the +resident of the %hairman of the %2@ is to be made )ithout the revie) or ointment of the %hairman and ointments Members of the %2@ is not s ecifica""y rovided for in the %onstitution itse"f, un"i4e

the %hairmen and Members of the %S%, the %o, and the %O', )hose a %o'. /he +resident a

are e- ress"y vested by the %onstitution in the +resident )ith the consent of the oints the %hairman and Members of the %2@ ursuant to the second sentence in Sec 10, 'rt. *, that is, )ithout the confirmation of the %o' because they are amon$ the officers of $overnment A)hom he Ethe +residentF may

be authoriDed by "a) to a a

oint.B 'nd Sec .EcF, ,O 103 authoriDes the +resident to

oint the %hairman and Members of the %2@.

(ecause of the fact that the a rero$ative to ma4e %2@ a off certain a

resident submitted to the %o' on 1< Jan 1989 the ointments may from time to time as4 confirmation artici ation of the ointments

ointment of (autista, the %o' ar$ued that the resident thou$h she has the so"e

)ith the %o'. /his is untenab"e accordin$ to the S%. /he %onstitution has b"oc4ed ointments for the +resident to ma4e )ith the o)er of %ommission on ' over other a e-ercise of on a ointments, so a"so has the %onstitution mandated that the artici ation in the %ommission on '

+resident can confer no

ointments e-c"usive"y reserved for her by the %onstitution. /he o"itica" o tions that finds no su ort in the %onstitution cannot be resident may vo"untari"y submit to the commission ointment cou"d be made on 1< January ointment ointments to the %2@ is a")ays

sustained. &urther, even if the ointments an a

ointment that under the constitution so"e"y be"on$s to her, ointments in the %2@ for the a

sti"", there )as no vacancy to )hich an a 1989. /here can be no ad interim a ermanent in nature. /he

thereto is not sub6ect to %o'5s confirmation. '

rovisions of ,O 1033' is unconstitutiona" and cannot be invo4ed by Ma""i""in.

/he %hairman and the %ommissioners of the %2@ cannot be removed at the "easure of the resident for it is constitutiona""y $uaranteed that they must have a term of office.

TITLE:

RUFINO VS. ENDRIGA G0$0 N!0 13%22*

ITATI!N: &ATE: J-L3 21, 200"

,A T#:

+residentia" Cecree =o. 1> E+C 1>F created the %u"tura" %enter of the +hi"i E%%+F for the rimary ur ose of ro a$atin$ arts and cu"ture in the +hi"i

ines

ines. +C

1> increased the members of %%+!s (oard from seven to nine trustees. Kater, ,-ecutive Order =o. 10>8, increased further the trustees to 11. ,ventua""y, durin$ the term of @amos, the %%+ (oard inc"uded the ,ndri$a 8rou . ,strada a ointed seven ne) trustees to the %%+ (oard for a term of four years to re "ace the ,ndri$a $rou as )e"" as t)o other incumbent trustees. /he @ufino $rou too4 their oaths of office and assumed the erformance of their duties. /he ,ndri$a $rou fi"ed a etition for quo )arranto questionin$ ,strada!s a may the +resident of the +hi"i the ran4in$ officers of the %%+. /he c"ear and cate$orica" "an$ua$e of Section 0EbF of +C 1> states that vacancies in the %%+ (oard sha"" be fi""ed by a ma6ority vote of the remainin$ trustees. Shou"d on"y one trustee survive, the vacancies sha"" be fi""ed by the survivin$ trustee actin$ in consu"tation )ith the ran4in$ officers of the %%+. Shou"d the (oard become entire"y vacant, the vacancies sha"" be fi""ed by the +resident of the +hi"i ines actin$ in consu"tation )ith the same ran4in$ officers of the %%+. /hus, the remainin$ trustees, )hether one or more, e"ect their fe""o) trustees for a fi-ed four3 year term. On the other hand, Section 0EcF of +C 1> does not a""o) trustees to ree"ect fe""o) trustees for more than t)o consecutive terms. /he ,ndri$a $rou asserted that )hen former +resident ,strada a ointed the ointment of seven ne) members

to the %%+ (oard. /hey c"aimed that it is on"y )hen the %%+ (oard is entire"y vacant ines fi"" such vacancies, actin$ in consu"tation )ith

@ufino $rou , on"y one seat )as vacant due to the e- iration of MaQosa!s term. /he

%%+ (oard then had 10 incumbent trustees. /hey maintained that under the %%+ %harter, the trustees! fi-ed four3year term cou"d on"y be terminated ;by reason of resi$nation, inca acity, death, or other cause.; +residentia" action )as neither necessary nor 6ustified since the %%+ (oard then sti"" had 10 incumbent trustees )ho had the statutory o)er to fi"" by e"ection any vacancy in the (oard. /he ,ndri$a $rou refused to acce t that the %%+ )as under the su ervision and cited Section 3 of +C 1>, )hich states oint officers "o)er in ran4

contro" of the +resident. /he ,ndri$a $rou

that the %%+ ;sha"" en6oy autonomy of o"icy and o eration.; @ufino 8rou G that the "a) cou"d on"y de"e$ate to the %%+ (oard the o)er to a than the trustees of the (oard. Section 0EbF of +C 1> authoriDin$ the %%+ trustees to e"ect their fe""o) trustees shou"d be dec"ared unconstitutiona" bein$ re u$nant to Section 10, 'rtic"e V:: of the 198* %onstitution a""o)in$ the a ;officers "o)er in ran4; than the a office. ointin$ ointment on"y of o)er. %' entit"ed the ,ndri$a $rou

I##-E#: 1hether or not there is an inva"id de"e$ation of the +resident!s a o)er under the %onstitution7 1hether or not it effective"y de rives the +resident of his constitutiona" o)er of contro" and su ervision over the %%+7 T.E !-$T/# $-LING: oint, as )e"" as the Ke$is"ature!s authority ointin$

/he source of the +resident!s o)er to a to de"e$ate the o)er to a %onstitution )hich ambassadors, other

oint, is found in Section 10, 'rtic"e V:: of the 198* oint the heads of the e-ecutive de artments, ointments

rovides 3 the +resident sha"" nominate and, )ith the consent of ointments, a ub"ic ministers and consu"s, or officers of the armed forces oint a"" other officers of the rovided for by "a), and those

the %ommission on '

from the ran4 of co"one" or nava" ca tain, and other officers )hose a are vested in him in this %onstitution. 2e sha"" a"so a 8overnment )hose a a ointments are not other)ise )hom he may be authoriDed by "a) to a

oint. /he %on$ress may, by "a), vest the

ointment of other officers "o)er in ran4 in the +resident a"one, in the courts, or o)er to ma4e a ointments durin$ the recess of the %on$ress, )hether ointments sha"" be effective on"y unti" ointments or unti" the ne-t ad6ournment of

in the heads of de artments, a$encies, commissions, or board. /he +resident sha"" have the disa vo"untary or com u"sory, but such a rova" by the %ommission on ' the %on$ress.

/he

o)er to a

oint is the

rero$ative of the +resident, e-ce t in those instances

)hen the %onstitution ,-ecutive

rovides other)ise. #sur ation of this fundamenta""y

o)er by the Ke$is"ative and Judicia" branches vio"ates the system of oints three $rou s

se aration of o)ers that inheres in our democratic re ub"ican $overnment. #nder Section 10, 'rtic"e V:: of the 198* %onstitution, the +resident a of officers. 1. heads of the ,-ecutive de artments, ambassadors, other and other officers )hose a ub"ic ministers and

consu"s, officers of the armed forces from the ran4 of co"one" or nava" ca tain, ointments are vested in the +resident by the ointment5s consent. oint. %onsent not %onstitution )ith the %ommission of '

.. those )hom the +resident may be authoriDed by "a) to a required. 3. a"" other officers of the 8overnment )hose a rovided by "a). %onsent not required a "a) is si"ent on )ho is the a unconstitutiona". ointin$

ointments are not other)ise of officers if the oint is dec"ared

oints the third $rou

o)er, or if the "a) authoriDin$ the head

of a de artment, a$ency, commission, or board to a

/hus, if Section 0EbF and EcF of +C 1> is found unconstitutiona", the +resident sha"" a a oint the trustees of the %%+ (oard because the trustees fa"" under the third of officers. /here is a fourth $rou of "o)er3ran4ed officers )hose ointments %on$ress may by "a) vest in the heads of de artments, a$encies, $rou

commissions, or boards.

/he residentia" o)er of contro" over the ,-ecutive branch of $overnment e-tends to a"" e-ecutive em "oyees from the Ce artment Secretary to the "o)"iest c"er4. 3> /his constitutiona" o)er of the +resident is se"f3e-ecutin$ and does not require any im "ementin$ "a). %on$ress cannot "imit or curtai" the +resident!s o)er of contro" over the ,-ecutive branch. /he %%+ fa""s under the ,-ecutive branch. Since the +resident e-ercises contro" over ;a"" the e-ecutive de artments, bureaus, and offices,; the +resident necessari"y e-ercises contro" over the %%+ )hich is an office in the ,-ecutive branch. :n mandatin$ that the +resident ;sha"" have contro" of all e.ecutive . . . offices ,; Section 1*, 'rtic"e V:: of the 198* %onstitution does not e-em t any e-ecutive office S one erformin$ e-ecutive functions outside of the o)er of contro". /here is inde endent constitutiona" bodies S from the +resident!s

no dis ute that the %%+ 6udicia" functions.

erforms e-ecutive, and not "e$is"ative, 6udicia", or quasi3

/he Ke$is"ature cannot va"id"y enact a "a) that office from

uts a $overnment office in the art of the ,-ecutive

,-ecutive branch outside the contro" of the +resident in the $uise of insu"atin$ that o"itics or ma4in$ it inde endent. :f the office is branch, it must remain sub6ect to the contro" of the +resident. Other)ise, the Ke$is"ature can de rive the +resident of his constitutiona" o)er of contro" over ;a"" the e-ecutive - - - offices.; :f the Ke$is"ature can do this )ith the ,-ecutive branch, then the Ke$is"ature can a"so dea" a simi"ar b"o) to the Judicia" branch by enactin$ a "a) uttin$ decisions of certain "o)er courts beyond the revie) o)er of the Su reme %ourt. /his )i"" destroy the system of chec4s and ba"ances fine"y structured in the 198* %onstitution amon$ the ,-ecutive, Ke$is"ative, and Judicia" branches.

Section 0EbF and EcF of +C 1>, )hich authoriDes the trustees of the %%+ (oard to fi"" vacancies in the (oard, runs afou" )ith the +resident!s +C 1> is to insu"ate the %%+ from o"itica" inf"uence and o)er of contro" under ressure, s ecifica""y from ub"ic office or board Section 1*, 'rtic"e V:: of the 198* %onstitution. /he intent of Section 0EbF and EcF of the +resident.<< Section 0EbF and EcF of +C 1> ma4es the %%+ a se"f3 er etuatin$ entity, virtua""y outside the contro" of the +resident. Such a cannot "e$a""y e-ist under the 198* %onstitution.

TITLE:

AYTONA VS. CASTILLO

ITATI!N: *3 # $A &ATE: JAN-A$3 1%, 1%"2

,A T#:

G0$0

N!0

L11%313

On Cecember .9, 1901, %ar"os +. 8arcia, )ho )as sti"" +resident that time, made "ast minute a a ointments )hi"e the %ommission on ' ointments )as not in session. Said "ast minute a day. 't noon on Cecember 30, 1901, +resident3e"ect Ciosdado Maca a$a" assumed office. 2e issued 'dministrative Order =o. . on Cecember 31, 1901 reca""in$, )ithdra)in$ and cance"in$ a"" ad interim a +resident by the %on$ress. 2e then a ointments made by +resident 8arcia roc"aimed after Cecember 13, 1901, )hich )as the date )hen Maca a$a" )as 8overnor of the %entra" (an4 and the "atter qua"ified immediate"y. On January ., 190., both e-ercised the o)ers of their office. 2o)ever, 'ytona )as revented from ho"din$ office the fo""o)in$ day and thus instituted a quo )arranto roceedin$, cha""en$in$ %asti""o5s ri$ht to e-ercise the the %entra" (an4. 'ytona c"aims that he )as va"id"y a the ost, therefore ma4in$ %asti""o5s a 'ytona5s a issued by +resident Maca a$a". I##-E: T.E 1hether or not 'ytona shou"d remain in his ost7 !-$T/# $-LING: ointment of 'ytona been done in $ood faith then he )ou"d have the ost ointment can neverthe"ess be revo4ed by the o)ers of the 8overnor of ointed and had qua"ified for ointment inc"uded Cominador @. 'ytona, )ho )as

ointed as ad interim 8overnor of %entra" (an4. /he "atter too4 oath on the same

ointed 'ndres V. %asti""o as ad interim

ointment void. %asti""o then contended that

ointment had a"ready been revo4ed by 'dministrative Order =o. .

2ad the a

ri$ht to continue office. 2ere, even thou$h 'ytona is qua"ified to remain in his as he is com etent enou$h, his a resident. 8arcia5s a

ointments are hurried maneuvers to subvert the u comin$ ointment shou"d not be revo4ed but in here it

administration and is set to obstruct the o"icies of the ne-t resident. 's a $enera" ru"e, once a erson is qua"ified his a may be since his a im ro riety. :n 6ustice, a fairness and ointment )as $rounded on bad faith, immora"ity and ri$hteousness. =orma""y, )hen the +resident ma4es

ub"ic service, it is not on"y "e$a"ity that is considered but a"so ointments, he has benefit of rova" of his se"ection either

ointments the consent of the %ommission on ' rero$ative and is bound to be rudent to insure a

their advice. 1hen he ma4es ad interim a

ointments, he e-ercises a s ecia"

revious consu"tation )ith the members of the %ommission or by thereafter e- "ainin$ to them the reason such se"ection.

1here, ho)ever, as in this case, the %ommission on ' the a

ointments that )i"" consider ointment . and rove of

ointees is different from that e-istin$ at the time of the a

)here the names are to be submitted by successor, )ho may not )ho""y a a ointments. =o), it is hard to be"ieve that in si$nin$ 3>0 a

the se"ections, the +resident shou"d be doub"y carefu" in e-tendin$ such ointments in one ni$ht, +resident 8arcia e-ercised such ;doub"e care; )hich )as required and e- ected of him9 and therefore, there seems to be force to the contention that these a ointments fa"" beyond the intent and s irit of the constitutiona" ointments. o)ers, this rovision $rantin$ to the ,-ecutive authority to issue ad interim a

#nder the circumstances above described, )hat )ith the se aration of Order =o. ., cance""in$ such ;midni$ht; or ;"ast3minute; a Of course, the %ourt is a)are of many a a ointments.

%ourt reso"ves that it must dec"ine to disre$ard the +residentia" 'dministrative

recedents to the effect that once an ointments

ointment has been issued, it cannot be reconsidered, s ecia""y )here the ointee has qua"ified. (ut none of them refer to mass ad interim a

Ethree3hundred and fiftyF, issued in the "ast hours of an out$oin$ %hief ,-ecutive, in a settin$ simi"ar to that out"ined herein. On the other hand, the authorities admit of e-ce tiona" circumstances 6ustifyin$ revocation 3 and if any circumstances 6ustify revocation, those described herein shou"d fit the e-ce tion. :ncidenta""y, it shou"d be stated that the under"yin$ reason for denyin$ the o)er to revo4e after the a ointee has qua"ified is the "atter!s equitab"e ri$hts. Iet it is in the resent situation, ro riety )hich ointments, hurried maneuvers and other ointees, it mi$ht be ub"ic doubtfu" if such equity mi$ht be successfu""y set u considerin$ the rush conditiona" a ha

enin$s detractin$ from that de$ree of $ood faith, mora"ity and

form the basic foundation of c"aims to equitab"e re"ief. /he a

ar$ued, )ittin$"y or un)ittin$"y coo erated )ith the strata$em to beat the dead"ine, )hatever the resu"tant consequences to the di$nity and efficiency of the a"so fairness, 6ustice and ri$hteousness shou"d be ta4en into account. /he %ourt e-ercisin$ its 6ud$ment and discretion in the matter dismissed the action, )ithout costs. service. =eed"ess to say, there are instances )herein not on"y strict "e$a"ity, but

TITLE:

JORGE VS. MAYOR 331 G0$0 N!0 L12177"

ITATI!N: 10 # $A &ATE: ,E)$-A$3 2+, 1%"*

,A T#:

+etition for mandamus and 8uo warranto fi"ed direct"y in this %ourt to have etitioner dec"ared as the so"e "e$a""y a ointed and qua"ified Cirector of Kands, and etitioner as )e"" as to desist to require res ondent to turn over said office to the

from ho"din$ himse"f out as ;'ctin$ Cirector, (ureau of Kands;. :t is undis uted that etitioner, =icanor 8. Jor$e, is a career officia" in the (ureau of Kands. 2e started )or4in$ there as a Junior %om uter in the course of 38 years service, from &ebruary 1, 19.. to October 31, 1900, and attained the osition of 'ctin$ Cirector, throu$h re$u"ar and successive romotions, in accordance )ith civi" service ru"es. On June 1*, 1901, he )as desi$nated 'ctin$ Cirector of the same (ureau, and on Cecember 13, 1901 )as a 1901. 2is a on ' ointed by +resident %ar"os 8arcia ad interim Cirector. 2e qua"ified by ta4in$ the oath of office on the .3rd Cecember of ointment )as on Cecember .0, 1901, transmitted to the %ommission etitioner!s ad interim a ointment as ointments, and on May 1<, 190.,

Cirector of Kands )as confirmed by the %ommission. +etitioner dischar$ed the duties as Cirector unti" on =ovember 1<, 190. he received a "etter from (en6amin 8oDon, then Secretary of '$ricu"ture and =atura" @esources of the Maca a$a" administration, informin$ him that 'ssistant ,-ecutive Secretary (erna", served on a Ciosdado Maca a$a"9 that the and that ursuant to a "etter from the etitioner on =ovember 13, his

ointment )as amon$ those revo4ed by 'dministrative Order =o. . of +resident osition of Cirector of Kands )as considered vacant9 etitioner Jor$e )as designated 'ctin$ Cirector of Kands, effective

=ovember 13, 190.. # on "earnin$ that res ondent Mayor, an outsider, had been desi$nate by the +resident to be 'ctin$ Cirector of Kands Jor$e rotested Ein a "etter of =ovember 10, 190.F to the Secretary of '$ricu"ture informin$ the "atter that he

)ou"d stand on his ri$hts, and issued office circu"ars c"aimin$ to be the "e$a""y a ointed Cirector of Kands. &ina""y, on Se tember ., 1903, he instituted the resent roceedin$s. /he ans)er of res ondent "eads that the ad interim a ointment of etitioner and

its confirmation )ere inva"id havin$ been du"y revo4ed by +resident Maca a$a" by 'dministrative Order =o. . dated Cecember 31, 19019 that re"inquished his etitioner vo"untari"y osition and acce ted his desi$nation as 'ctin$ Cirector, issuin$

ress statements to said effect, and vo"untari"y accom anyin$ and introducin$ res ondent to meet officia"s of the (ureau as the ne) actin$ Cirector of Kands.

I##-E: 1hether or not 'dministrative Order =o. . of +resident Maca a$a" o erated as a va"id revocation of etitioner!s ad interim a T.E !-$T/# $-LING: ointment7

:n common )ith the 8i""era a month a$o, Jor$e!s a

ointment sustained by this %ourt "ess than a

ointment is featured by a reco$nition of his tenure by

the Maca a$a" administration itse"f, since he )as a""o)ed to ho"d and dischar$e undisturbed his duties as de 6ure Cirector of Kands for near"y e"even months9 it )as on"y in mid3=ovember of 190. that the attem t )as actua""y made to demote him and a erson of res ondent Mayor. 's to the a""e$ed vo"untary acquiescence and re"inquishment by etitioner of his osition as de 6ure Cirector of Kands, the evidence is that he did rotect a$ainst his demotion in "etters to the Secretary of '$ricu"ture and in office circu"ars. /hat he did not immediate"y ado t a hosti"e attitude to)ards the authorities, and the res ondent herein )as mere"y evidence of that courtesy and ;de"icadeDa; to be e- ected of a man in a hi$h )ith his determination to the osition )ho does not )ish to obstruct the functions of the office, and is in no )ay incom atib"e rotect his ri$ht. :t must a"so be remembered that recedent! case of the former %hairman of the =ationa" Science (oard, reci itate action, and )as a reminder of the un "easant oint a ran4 outsider in his "ace in the

sus ended indefinite"y on char$es that )ere subsequent"y found to be fa"se, did not encoura$e

consequences of defyin$ the administration. 't any rate, ;abandonment of an office by reason of acce tance of another, in order to be effective and bindin$, shou"d s rin$ from and be accom anied by de"iberation and freedom of choice, either to 4ee the o"d office or renounce it for another; E/eves vs. Sindion$ 81 +hi". 0>8F, and the record is unconvincin$ that the a""e$ed acts of acquiescence, most"y equivoca" in character, )ere free"y and vo"untari"y accom "ished. /he )rits a "ied for )ere $ranted, the etitioner =icanor 8. Jor$e is

dec"ared to be the du"y a

ointed, confirmed, and qua"ified Cirector of

Kands, the res ondent, Jovencio H. Mayor, )as required to turn over said office to the etitioner and to desist from ho"din$ se"f out as ;'ctin$ Cirector of Kands;

TITLE:

DE CASTRO VS. JBC N!0 1%1002

ITATI!N: G0$0 &ATE: (A$ . 17, 2010

,A T#:

/he com u"sory retirement of %hief Justice @eynato S. +uno by May 1*, .010 occurs 6ust days after the comin$ residentia" e"ections on May 10, .010. /hese cases trace their $enesis to the controversy that has arisen from the forthcomin$ com u"sory retirement of %hief Justice +uno on May 1*, .010, or seven days after the residentia" e"ection. #nder Section <E1F, in re"ation to Section 9, re ared by the Judicia" and (ar 'rtic"e V:::, that Avacancy sha"" be fi""ed )ithin ninety days from the occurrence thereofB from a A"ist of at "east three nominees Ce artmentF of the %onstitution ma4in$ a e-ecutive e"ections and u %ounci" for every vacancy.B '"so considerin$ that Section 1>, 'rtic"e V:: E,-ecutive rohibits the +resident or 'ctin$ +resident from residentia" ointments to ub"ic service ointments )ithin t)o months immediate"y before the ne-t to the end of his term, e-ce t tem orary a re6udice ositions )hen continued vacancies therein )i""

or endan$er ub"ic safety.

/he J(%, in its en banc meetin$ of January 18, .010, unanimous"y a$reed to start the rocess of fi""in$ u the osition of %hief Justice. %onformab"y )ith its e-istin$ ractice, the J(% Aautomatica""y consideredB for the

osition of %hief Justice the five most senior of the 'ssociate Justices of the %ourt, name"yG 'ssociate Justice 'ntonio /. %ar io9 'ssociate Justice @enato %. %orona9 'ssociate Justice %onchita %ar io Mora"es9 'ssociate Justice +resbitero J. Ve"asco, Jr.9 and 'ssociate Justice 'ntonio ,duardo (. =achura. 2o)ever, the "ast t)o dec"ined their nomination throu$h "etters dated January 18, .010 and January .>, .010, res ective"y. /he OS8 contends that the incumbent +resident may a because the a "y to a oint the ne-t %hief Justice, rohibition under Section 1>, 'rtic"e V:: of the %onstitution does not ointments in the Su reme %ourt. :t ar$ues that any vacancy in the ursuant to

Su reme %ourt must be fi""ed )ithin 90 days from its occurrence, rohibition to a "y to Su reme %ourt a

Section <E1F, 'rtic"e V::: of the %onstitution9 that had the framers intended the ointments, they cou"d have easi"y rohibition found in e- ress"y stated so in the %onstitution, )hich e- "ains )hy the

'rtic"e V:: E,-ecutive Ce artmentF )as not )ritten in 'rtic"e V::: EJudicia" Ce artmentF9 and that the framers a"so incor orated in 'rtic"e V::: am "e restrictions or "imitations on the +resident5s Ainsu"ation from +resident sha"" a o"itica" o)er to a oint members of the Su reme %ourt to ensure its inde endence from A o"itica" vicissitudesB and its ressures,B such as strin$ent qua"ifications for the eriod )ithin )hich the ositions, the estab"ishment of the J(%, the s ecified oint a Su reme %ourt Justice.

'

art of the question to be revie)ed by the %ourt is )hether the J(% rocess, there bein$ an insistence from some of the o

ro er"y ositors3

initiated the

intervenors that the J(% cou"d on"y do so once the vacancy has occurred Ethat is, after May 1*, .010F. 'nother rocess unti" the short "ist is art is, of course, )hether the J(% may resume its re ared, in vie) of the rovision of Section <E1F, oint one from the short

'rtic"e V:::, )hich unqua"ified"y requires the +resident to a JusticeF )ithin 90 days from the occurrence of the vacancy. I##-E: 1hether or not the incumbent +resident can a Justice +uno u on his retirement7 T.E !-$T/# $-LING:

"ist to fi"" the vacancy in the Su reme %ourt Ebe it the %hief Justice or an 'ssociate

oint the successor of %hief

+rohibition under Section 1>, 'rtic"e V:: does not a vacancy in the Su reme %ourt or to other a constitutiona" rovisions are seemin$"y in conf"ict.

"y to a

ointments to fi"" a

ointments to the Judiciary. /)o

/he first, #ection 12, A5tic6e 'II E,-ecutive Ce artmentF, his term, a +resident or 'ctin$ +resident sha"" not ma4e a tem orary a ointments to e-ecutive )i"" re6udice ub"ic service or endan$er ub"ic safety.

rovidesG Section 1>. ointments, e-ce t

/)o months immediate"y before the ne-t residentia" e"ections and u to the end of ositions )hen continued vacancies therein

/he other, #ection * 819, A5tic6e 'III EJudicia" Ce artmentF, statesG Section <. E1F. /he Su reme %ourt sha"" be com osed of a %hief Justice and fourteen 'ssociate Justices. :t may sit en banc or in its discretion, in division of three, five, or seven Members. 'ny vacancy sha"" be fi""ed )ithin ninety days from the occurrence thereof. 2ad the framers intended to e-tend the V:: to the a rohibition contained in Section 1>, 'rtic"e rovisions.

ointment of Members of the Su reme %ourt, they cou"d have e- "icit"y rohibition made e- "icit in Section ointment of Members of the

done so. /hey cou"d not have i$nored the meticu"ous orderin$ of the /hey )ou"d have easi"y and sure"y )ritten the 1>, 'rtic"e V:: as bein$ equa""y a "icab"e to the a

Su reme %ourt in 'rtic"e V::: itse"f, most "i4e"y in Section < E1F, 'rtic"e V:::. /hat such s ecification )as not done on"y revea"s that the rohibition a$ainst the +resident or 'ctin$ +resident ma4in$ a ointments )ithin t)o months before the ne-t residentia" e"ections and u to the end of the +resident5s or 'ctin$ +resident5s term does not refer to the Members of the Su reme %ourt.

2ad the framers intended to e-tend the V:: to the a

rohibition contained in Section 1>, 'rtic"e rovisions.

ointment of Members of the Su reme %ourt, they cou"d have e- "icit"y rohibition made e- "icit in Section ointment of Members of the

done so. /hey cou"d not have i$nored the meticu"ous orderin$ of the /hey )ou"d have easi"y and sure"y )ritten the 1>, 'rtic"e V:: as bein$ equa""y a "icab"e to the a

Su reme %ourt in 'rtic"e V::: itse"f, most "i4e"y in Section < E1F, 'rtic"e V:::. /hat such s ecification )as not done on"y revea"s that the rohibition a$ainst the +resident or 'ctin$ +resident ma4in$ a ointments )ithin t)o months before the ne-t

residentia" e"ections and u to the end of the +resident5s or 'ctin$ +resident5s term does not refer to the Members of the Su reme %ourt. Section 1<, Section 1>, and Section 10 are obvious"y of the same character, in that they affect the o)er of the +resident to a oint. /he fact that Section 1< and Section 10 refer on"y to a ointments )ithin the ,-ecutive Ce artment renders "ies on"y to the ,-ecutive Ce artment. /his art of the statute must be art must be considered

conc"usive that Section 1> a"so a

conc"usion is consistent )ith the ru"e that every to$ether )ith the other

inter reted )ith reference to the conte-t, i.e. that every

arts, and 4e t subservient to the $enera" intent of the

)ho"e enactment. :t is absurd to assume that the framers de"iberate"y situated Section 1> bet)een Section 1< and Section 10, if they intended Section 1> to cover a"" 4inds of a residentia" a ointments. :f that )as their intention in res ect of ointments to the Judiciary, the framers, if on"y to be c"ear, )ou"d have easi"y and rohibition in 'rtic"e V:::, most "i4e"y )ithin Section < E1F

sure"y inserted a simi"ar thereof.

TITLE:

GUEVARA VS. INOCENTES 3+ G0$0 N!0 L122277

ITATI!N: 1" # $A &ATE: (A$ . 12, 1%""

,A T#:

/he

etitioner, Onofre 8uevara )as e-tended an ad interim a

ointment as

#ndersecretary of Kabor by the former ,-ecutive on =ovember 18, 190>. /oo4 his oath of office on =ovember .>th same year. /he incumbent ,-ecutive issued Memorandum %ircu"ar =o. 8 dated January .3, 1900 dec"arin$ that a"" ad interim a ointments made by the former ,-ecutive "a sed )ith the ad6ournment of the ointment for the same osition by s ecia" session of %on$ress at about midni$ht of January .., 1900. /he res ondent, @aou" :nocentes )as e-tended an ad interim a instant the incumbent ,-ecutive on January .3, 1900. 8uevara fi"ed before the court an etition for Huo 1arranto see4in$ to be dec"ared erson "e$a""y entit"ed to the said Officer of the #ndersecretary of Kabor under 'rt. V:: Sec. 10 E<F of the 193> %onstitution )hich states that3 /he president shall have the power to ma)e appointments during the recess of the Congress' but such appointments shall be effective only until disapproval by the Commission on ne.t ad9ournment of Congress. Since there )as no %ommission on ' etitioner5s ad interim a ointments or$aniDed durin$ the s ecia" ppointments or until the

session )hich commenced on January 1*, 1900, the res ondent contended that the ointment as )e"" as other made under simi"ar conditions must have "a sed )hen the %on$ress ad6ourned its "ast s ecia" session. (ut the etitioner stated that E1F the s ecific rovision in the %onstitution )hich states thatG Aunti" the ne-t ad6ournment of %on$ressB means ad6ournment of a re$u"ar session of %on$ress and not by a s ecia" session and E.F on"y the Senate ad6ourned sine die at midni$ht of January .., 1900 and the 2ouse of the @e resentative mere"y Tsus ended5 its session and to be resumed on January .<, 1900 at 10G00 'M. /he etitioner therefore conc"udes that %on$ress has been in continuous session )ithout interru tion since January 1*. I##-E#: 1hether or not, the etitioner5s contention re$ardin$ Athe ne-t ad6ournment

of %on$ress s ecifica""y rovides for re$u"ar session on"y7 1hether or not, the etitioner5s contention that %on$ress is sti"" in continuous session7 T.E /he !-$T/# $-LING: hrase Aunti" the ne-t ad6ournment of %on$ressB does not ma4e any reference

to s ecific session of %on$ress, )hether re$u"ar or s ecia". (ut a )e""34no) Katin ma-im is statutory construction stated that T)hen the "a) does not distin$uish )e shou"d not distin$uish.

#bi "e- non distin$uit nec nos distin$uere debemus. :t is safe to conc"ude that the authors of the 193> %onstitution used the )ord Aad6ournmentB had in mind either re$u"ar or s ecia" and not sim "y the re$u"ar one as the etitioner contended. /he mere fact that the Senate ad6ourned sine die at midni$ht of January .., 1900, the 2ouse of the @e resentative is on"y a art of the %on$ress and not the %on$ress itse"f. So "o$ica""y, the ad6ournment of one of its 2ouses is considered ad6ournment of the %on$ress as a )ho"e. 'nd the etitioner5s ad interim a ointment must have been "a sed on January .., 1900 u on ad6ournment of the Senate. :t is ho ed that no) and hereafter such e-cess in the e-ercise of o)er shou"d be obviated to avoid confusion, uncertainty, embarrassment and chaos )hich may cause disru tion in the norma" function of $overnment to the re6udice of ub"ic interest. :t is time that such e-cess be sto 1herefore, etition )as denied ed in the interest of the ub"ic )ea".

TITLE:

MATIBAG VS. BENIPAYO G0$0 N!0 1*%03"

ITATI!N: &ATE: A4$IL 2, 2002

,A T#: +resident 8M' a

ointed, ad interim, (eni ayo as %OM,K,% %hairman,3 and (orra<

and /uason> as %OM,K,% %ommissioners, each for a term of seven years and a"" e- irin$ on &ebruary ., .008. /hey a"" too4 their oath of office and assumed the ositions. /he Office of the +resident submitted to the %ommission on ' the ad interim a 2o)ever, the %ommission on ' ointments did not act on said a ointments ointments of (eni ayo, (orra and /uason for confirmation.0 ointments.

+resident 'rroyo rene)ed the ad interim a

ointments of (eni ayo, (orra and

/uason to the same ositions and for the same term of seven years. /hey too4 their oaths of office for a second time. /he Office of the +resident transmitted their a a ointments to the %ommission on ' before the %ommission on ointments. ointments for confirmation. %on$ress ' ointments cou"d act on their ad6ourned

:n his ca acity as %ome"ec %hair, (eni ayo issued a Memorandum, reassi$nin$ Matiba$ to the from the ,ducation Ce artment to the Ka) Ce artment. Matiba$ sou$ht reconsideration, ar$uin$ that transfer and detai" of em "oyees are rohibited durin$ the e"ection eriod, both by the ,"ection %ode and a %ivi" Service ointment and the ri$ht to remain in office of ointments of (eni ayo, (orra ointments and Memorandum. Matiba$ fi"ed an administrative and crimina" case a$ainst (eni ayo. Matiba$ a"so questioned the a (eni ayo, (orra and /uason, as %hairman and %ommissioners of the %OM,K,%, res ective"y. +etitioner c"aims that the ad interim a and /uason vio"ate the constitutiona" %OM,K,%, as )e"" as on the rea rovisions on the inde endence of the

rohibitions on tem orary a

ointments of its %hairman and members. osits the vie) that an ad interim a ointment can be )ithdra)n or roved or sim "y etitioner c"aims

+etitioner

revo4ed by the +resident at her that an ad interim a rationa"e behind

"easure, and can even be disa ointments. &or this reason,

by3 assed by the %ommission on '

ointment is tem orary in character and consequent"y ointee )ho is confirmed by

rohibited by the "ast sentence of Section 1 E.F, 'rtic"e :L3% of the %onstitution. /he etitioner5s theory is that on"y an a the %ommission on ' %OM,K,%. ' confirmed a be reca""ed or disa ointments can $uarantee the inde endence of the ointee is beyond the inf"uence of the +resident or ointments since his a ointment can no "on$er ointee is at the mercy

members of the %ommission on '

roved. +rior to his confirmation, the a

of both the a

ointin$ and confirmin$

o)ers since his a

ointment can be

terminated at any time for any cause.

+etitioner a"so a$ues that assumin$ the first ad interim a of the their ad interim a the same

ointments and the first

assum tion of office by (eni ayo, (orra and /uason are constitutiona", the rene)a" ointments and their subsequent assum tion of office to rohibition on rea ointment under Section 1 E.F, ositions vio"ate the

'rtic"e :L3% of the %onstitution. +etitioner theoriDes that once an ad interim a %ommission on ' rohibits rea ermanent a character0 I##-E#: U 1hether or not the assum tion of office by (eni ayo, (orra and /uason on the basis of the ad interim a +resident amounts to a tem orary a E.F, 'rtic"e :L3% of the %onstitution7 U 1hether or not the rene)a" of their ad interim a subsequent assum tion of office to the same rohibition on rea %onstitution7 T.E !-$T/# $-LING: ointment is a ermanent a ointment because it ta4es effect ointee ointments and ointments issued by the rohibited by Section 1 ointment ointments, his ad interim a ointee is by3 assed by the ointment can no "on$er be articu"ar"y true to ermanent in

rene)ed because this )i"" vio"ate Section 1 E.F, 'rtic"e :L3% of the %onstitution )hich ointments. +etitioner asserts that this is ointees )ho have assumed office, )hich is the situation of (eni ayo, ointments are deemed

(orra and /uason if their ad interim a

ositions vio"ate the

ointment under Section 1 E.F, 'rtic"e :L3% of the

'n ad interim a

immediate"y and can no "on$er be )ithdra)n by the +resident once the a %ommission on ' ointments does not a"ter its ointment

has qua"ified into office. /he fact that it is sub6ect to confirmation by the ermanent character. /he ermanent in character by ointments or unti" ointment remains %onstitution itse"f ma4es an ad interim a ma4in$ it effective unti" disa the ne-t ad6ournment of %on$ress.

roved by the %ommission on ' /hus, the ad interim a

effective unti" such disa

rova" or ne-t ad6ournment, si$nifyin$ that it can no "on$er ointment is utter"y

be )ithdra)n or revo4ed by the +resident. /he fear that the +resident can )ithdra) or revo4e at any time and for any reason an ad interim a )ithout basis. 'n ad interim a a ointment that is by3 assed because of "ac4 of time or fai"ure of ointments to or$aniDe is another matter. ' by3 assed

the %ommission on ' %ommission on ' the a

ointment is one that has not been fina""y acted u on on the merits by the ointments at the c"ose of the session of %on$ress. /here is no ointments to $ive or )ithho"d its consent to ointment of a by3 assed a ointee.

fina" decision by the %ommission on '

ointment as required by the %onstitution. 'bsent such decision, the ointment can be considered a$ain if the +resident rene)s the

+resident is free to rene) the ad interim a /hus, a by3 assed a a ointment.

:n short, an ad interim a

ointment ceases to be effective u on disa

rova" by the

%ommission, because the incumbent can not continue ho"din$ office over the ositive ob6ection of the %ommission. :t ceases, a"so, u on ;the ne-t ad6ournment of the %on$ress;, sim "y because the +resident may then issue ne) a not because of im "ied disa affect adverse"y the interim a made ointments 3 rova" of the %ommission deduced from its inaction ointments on"y by action, never by omission. :f the rova" of ad interim a ointments oint those so by3 assed oint them, thus

durin$ the session of %on$ress, for, under the %onstitution, the %ommission may ad6ournment of %on$ress )ere an im "ied disa

rior thereto, then the +resident cou"d no "on$er a

by the %ommission. (ut, the fact is that the +resident may rea a ointments is not the disa

c"ear"y indicatin$ that the reason for said termination of the ad interim rova" thereof a""e$ed"y inferred from said omission of ointments or rea ointments.; the %ommission, but the circumstance that u on said ad6ournment of the %on$ress, the +resident is free to ma4e ad interim a /he a a disa rohibition on rea

ointment in Section 1 E.F, 'rtic"e :L3% of the %onstitution roved nor by3 assed ad interim a ointments. ' ointment cannot be revived by another ad interim rova" is fina" under Section 10, 'rtic"e V:: of the ointment is rohibited under Section 1 E.F, ointment can be revived rova" under ointment )i"" not resu"t

"ies neither to disa roved ad interim a

ointment because the disa

%onstitution, and not because a rea by a ne) ad interim a in the a

'rtic"e :L3% of the %onstitution. ' by3 assed ad interim a Section 10, 'rtic"e V:: of the %onstitution, and such ne) a

ointment because there is no fina" disa

ointee servin$ beyond the fi-ed term of seven years.

Section 1 E.F, 'rtic"e :L3% of the %onstitution %ommissioners rea )i"" a sha"" be a ointed for ointment.; E,m hasis su

rovides that ;NtOhe %hairman and the a term of seven years )ithout rovision

"iedF /here are four situations )here this

"y. /he first situation is )here an ad interim a

ointee to the %OM,K,%,

after confirmation by the %ommission on ' term. Such erson cannot be rea second situation is )here the a cannot be rea

ointments, serves his fu"" seven3year

ointed to the %OM,K,%, )hether as a member or ointee, after confirmation, serves a art of his erson

as a chairman, because he )i"" then be actua""y servin$ more than seven years. /he term and then resi$ns before his seven3year term of office ends. Such from retirement because a rea ointment )i"" resu"t in the a

ointed, )hether as a member or as a chair, to a vacancy arisin$ ointee a"so servin$ ointee ointee is confirmed to ointed, )hether as a ointment

more than seven years. /he third situation is )here the a com "etes the une- ired term. Such )i"" resu"t in the a erson cannot be rea

serve the une- ired term of someone )ho died or resi$ned, and the a member or chair, to a vacancy arisin$ from retirement because a rea ointee a"so servin$ more than seven years. ointee has

/he fourth situation is )here the a

revious"y served a term of "ess

than seven years, and a vacancy arises from death or resi$nation.

,ven if it )i"" not resu"t in his servin$ more than seven years, a rea such erson to serve an une- ired term is a"so be simi"ar to those a % of the %onstitution. /his rovision refers to the first a

ointment of

rohibited because his situation )i""

ointed under the second sentence of Section 1 E.F, 'rtic"e :L3

ointees under the %onstitution )hose terms of ointed under ointment; "ies to the case of (eni ayo, (orra hrase ;)ithout rea resent %onstitution. /he first ointed for a term of erson erson revious"y ointees revious"y

office are "ess than seven years, but are barred from ever bein$ rea any situation. =ot one of these four situations a or /uason. /o forec"ose this inter retation, the a ears t)ice in Section 1 E.F, 'rtic"e :L3% of the hrase a a rea rohibits rea ointment of any hrase erson rohibits rea

revious"y a

seven years. /he second

ointment of any

ointed for a term of five or three years

ursuant to the first set of a

under the %onstitution. :n either case, it does not matter if the ointment of any 4ind.

ointed com "etes his term of office for the intention is to

rohibit any

2o)ever, an ad interim a on ' ad interim a

ointment that has "a sed by inaction of the %ommission eriod from the time the

ointments does not constitute a term of office. /he

ointment is made to the time it "a ses is neither a fi-ed term nor an

une- ired term. /o ho"d other)ise )ou"d mean that the +resident by his uni"atera" action cou"d start and com "ete the runnin$ of a term of office in the %OM,K,% )ithout the consent of the %ommission on ' ointments. /his inter retation ointments. ointed by renders inuti"e the confirmin$ o)er of the %ommission on ' /he hrase ;)ithout rea such rea ointment; a

"ies on"y to one )ho has been a

the +resident and confirmed by the %ommission on ' %ommission on ' ointments of the revious a

ointments, )hether or not

erson com "etes his term of office. /here must be a confirmation by the ointment before the rohibition on ointment can a "y. /o ho"d other)ise )i"" "ead to absurdities and ne$ate the ointments. ointments usua""y fai"s to act, ointees. :f such ointees )i"" ointments.

+resident5s o)er to ma4e ad interim a

:n the $reat ma6ority of cases, the %ommission on ' for "ac4 of time, on the ad interim a ad interim a hesitate to ma4e ad interim a effective"y be disa a ointments, a

ointments first issued to a

ointments can no "on$er be rene)ed, the +resident )i"" certain"y ointments because most of her a roved by mere inaction of the %ommission on '

/his )i"" nu""ify the constitutiona" /his %ourt cannot subscribe to a $overnment services. /he rohibition on rea ointment

o)er of the +resident to ma4e ad interim ro osition that )i"" )rea4 havoc on vita"

o)er intended to avoid disru tions in vita" $overnment services.

is

common

to

the

three

constitutiona" ointments for

commissions. /he framers of the resent %onstitution rohibited rea t)o reasons. /he first is to revious"y a revent a second a

ointment for those )ho have been

ointed and confirmed even if they served for "ess than seven years.

/he second is to insure that the members of the three constitutiona" commissions do not serve beyond the fi-ed term of seven years. %OM,K,% @eso"ution =o. 3300 does not require that every transfer or reassi$nment of %OM,K,% ersonne" shou"d carry the concurrence of the %OM,K,% as a co""e$ia" body. :nter retin$ @eso"ution =o. 3300 to require such concurrence )i"" render the reso"ution meanin$"ess since the %OM,K,% en banc )i"" have to a inter reted for )hat it is, an a rove every ersonne" transfer or reassi$nment, ma4in$ the reso"ution utter"y use"ess. @eso"ution =o. 3300 shou"d be rova" to effect transfers and reassi$nments of rova" from the %OM,K,% en banc ersonne", )ithout need of securin$ a second a

to actua""y im "ement such transfer or reassi$nment. /he %OM,K,% %hairman is the officia" e- ress"y authoriDed by "a) to transfer or reassi$n %OM,K,% ersonne". /he erson ho"din$ that office, in a de 6ure ca acity,

is (eni ayo. /he %OM,K,% en banc, in %OM,K,% @eso"ution =o. 3300, a transfer or reassi$nment of %OM,K,% (eni ayo5s order reassi$nin$ ersonne" durin$ the e"ection

roved the eriod. /hus,

etitioner from the ,:C to the Ka) Ce artment does

not vio"ate Section .01 EhF of the Omnibus ,"ection %ode.

TITLE:

DE RAMA VS. COURT OF APPEALS G0$0 N!0 13113"

ITATI!N: &ATE: ,E)$-A$3 2+, 2001

,A T#:

Mayor %onrado de @ama )on as mayor of +a$bi"ao, HueDon. One of the first thin$s he did u on assum tion of office )as to )rite the %ivi" Service %ommission and see4 the reca"" of the a said a a ointments of 1< munici a" em "oyees. 'ccordin$ to him, ointments of the ointments shou"d be reca""ed as they )ere Amidni$htB a

former mayor, ,ve"yn 'be6a. /he %S% denied his request sayin$ that the ointments of the 1< em "oyees )ere made in accordance )ith "a) and that the

sec.1>, art.V:: of the %onstitution )hich is bein$ re"ied u on by Mayor de @ama, ertains on"y to the a officia"s. ointments of the out$oin$ +resident and not of "oca" e"ective

# on a

ea" to the %', Mayor de @ama fi"ed a su

"ementa" "eadin$ to the a

ea"

a""e$in$ that the a

ointments )ere a"so tainted )ith fraud since the former mayor ointments can on"y be made

did not fo""o) the ru"e in sec.80 of @a *0<1 that a )ithin < months from the ub"ication of the vacancies. I##-E: U 1hether or not the a reca""ed7

ointments made by the former mayor shou"d be

T.E

!-$T/# $-LING: ointments )ere made in accordance )ith ointments )ere

/he %S% has correct"y ru"ed that the a

the "a). :t )as a"ready too "ate for Mayor de @ama to c"aim that a on his a""e$ation that the same )ere midni$ht a o)er to reca"" the a the said a ointments.

tainted )ith fraud since he did not raise this in his first com "aint, )hich on"y re"ied ointments. On"y the %S% has the ointments u on $rounds mentioned in the @evised

'dministrative %ode.3 2o)ever, none of the $rounds e-ist to )arrant the reca"" of

/o $rant the mayor5s request is to vio"ate the security of tenure of the a invo4e the constitutiona" not a "icab"e to a rohibition a$ainst midni$ht a

ointed

em "oyees. 'side from this, the %ourt ru"ed that it )as error for Mayor de @ama to ointments. 'ccordin$ to the %ourt, this on"y ertains to a ointments made by an out$oin$ +resident and is

ointments made by an out$oin$ mayor.

'ccordin$"y, the a

ointments of the

rivate res ondents may on"y be reca""ed on etitioner to ointments.B /he %S% correct"y

the above3cited $rounds. 'nd yet, the on"y reason advanced by the 6ustify the reca"" )as that these )ere Amidni$ht a
3

ru"ed, a

ho)ever,

that

the

constitutiona"

rohibition

on

so3ca""ed

Amidni$ht rior to

ointments,B s ecifica""y those made )ithin t)o E.F months immediate"y

the ne-t residentia" e"ections, a :f ever there )ere other im "ementin$ the a for the first time on a

"ies on"y to the +resident or 'ctin$ +resident.

rocedura" or "e$a" requirements that )ere vio"ated in rivate res ondents, the same )ere not

ointments of the ea".

seasonab"y brou$ht before the %ivi" Service %ommission. /hese cannot be raised

:n vie) of a"" the fore$oin$, the instant @eso"ution of the %ourt of '

etition for revie) )as denied and the

ea"s in %'38.@. S+ =o. <.890 affirmin$ %S%

@eso"utions =os. 903.8.8 and 903*>.* )as '&&:@M,C in toto.

TITLE:

LLAMAS VS. ORBOS +** G0$0 N!0 %%031

ITATI!N: 202 # $A &ATE: ! T!)E$ 12, 1%%1

,A T#: Ocam o ::: )as the $overnor of /ar"ac +rovince. K"amas to$ether )ith some other com "ainants fi"ed an administrative case a$ainst Ocam o ::: for a""e$ed acts constitutin$ $raft and corru tion. Ocam o ::: )as found $ui"ty. 2e )as sus ended for office for 90 days hence his vice $overnor, K"amas, assumed office. :n not "ess than 30 days ho)ever, Ocam o ::: returned )ith an 'O sho)in$ that he )as ardoned hence he can resume office )ithout com "etin$ the 90 day sus ension im osed u on him. /he etitioner ar$ues that +resident may $rant e-ecutive c"emency on"y in crimina" cases. /hey say that the qua"ifyin$ a c"emency or hrase Aafter conviction by fina" 6ud$mentB "ies so"e"y to crimina" cases, and no other "a) a""o)s the $rant of e-ecutive ardon to anyone )ho has been Aconvicted in an administrative case,

a""e$ed"y because the )ord AconvictionB refers on"y to crimina" cases.

I##-E: U 1hether or not the +resident of the +hi"i $rant e-ecutive c"emency in administrative cases7 ines has the o)er to

T.E

!-$T/# $-LING:

:t is not s ecified in the constitution )hether it may be considered under crimina" or administrative cases. :f the "a) does not distin$uish, so )e must not distin$uish. /he %onstitution does not distin$uish bet)een )hich cases e-ecutive c"emency may be e-ercised by the +resident, )ith the so"e e-c"usion of im eachment cases. (y the same to4en, if e-ecutive c"emency may be e-ercised on"y in crimina" cases, it )ou"d indeed be unnecessary to rovide for the e-c"usion of im eachment cases from the covera$e of 'rtic"e V::, Section 19 of the %onstitution. %ases of im eachment are automatica""y e-c"uded inasmuch as the same do not necessari"y invo"ve crimina" offenses. /he do not c"ear"y see any va"id and convincin$ reason )hy the +resident cannot $rant e-ecutive c"emency in administrative cases. :t is the court5s considered vie) that if the +resident can $rant re rieves, commutations and ardons, and remit fines and forfeitures in crimina" cases, )ith much more reason can she $rant e-ecutive c"emency in administrative cases, )hich are c"ear"y "ess serious than crimina" offenses.

/he court stressed, ho)ever, that )hen )e say the +resident can $rant e-ecutive c"emency in administrative cases, )e refer on"y to a"" administrative cases in the ,-ecutive branch, not in the Judicia" or Ke$is"ative branches of the $overnment. :n crimina" cases, the quantum of evidence required to convict an individua" is roof beyond reasonab"e doubt. On the other hand, in administrative cases, the quantum of evidence required is mere substantia" evidence to su ort a decision.

TITLE: TORRES VS. GONZALES ITATI!N: 122 &ATE: J-L3 23, 1%+7
,A T#: Sometime before 19*9, etitioner 1i"fredo /orres )as convicted by the %&: of ea"s. ardon

# $A

272

G0$0

N!0

7"+72

Mani"a of . counts estafa. /hese convictions )ere affirmed by the %ourt of ' /he ma-imum sentence )ou"d e- ire on =ovember ., .000. ' conditiona" )as $ranted by the +resident on condition that any of the ena" "a)s of the +hi"i

etitioner )ou"d Anot a$ain vio"ate

ines shou"d this condition be vio"ated, he )i"" be

roceeded a$ainst in the manner rescribed by "a).B +etitioner acce ted the conditiona" ardon and )as consequent"y re"eased from ardon $ranted to the etitioner.

confinement. :n 1980, the (oard of +ardons and +aro"e recommended to the +resident the cance""ation of the conditiona" @ecords of the =(: sho)ed a "on$ "ist of char$es had been brou$ht a$ainst the etitioner durin$ the "ast .0 years. E.0 counts of estafa and seditionF @es ondent Minister of Justice =e ta"i 8onDa"es )rote the +resident informin$ her of the @eso"ution of the (oard recommendin$ the cance""ation of the revious"y /he conditiona" $ranted ardon )as cance""ed and to ardon etitioner.

etitioner )as arrested and confined in

Muntin"u a to serve the une- ired ortion of his sentence. 2ence, this action im u$nin$ the va"idity of the Order of 'rrest and @ecommitment c"aimin$ that he did not vio"ated his conditiona" ardon since he has not been convicted by fina" 6ud$ment of the .0 counts of estafa nor of the crime of sedition. I##-E: U 1hether or not the conviction of a crime by fina" 6ud$ment of a court necessary before the etitioner can be va"id"y rearrrested and recommitted for vio"ation of the terms of his conditiona" ardon7 T.E !-$T/# $-LING: ardon and the determination of the terms and conditions of a ure"y e-ecutive acts )hich are not sub6ect to 6udicia" ure"y

/he $rant of conditiona"

ardon are

scrutiny. /he determination of the occurrence of a breach of a condition of a ardon, and the ro er consequences of such breach, may be either a e-ecutive act, not sub6ect to 6udicia" scrutiny under Section 0< E:F of the @evised 'dministrative %ode9 or it may be a 6udicia" act consistin$ of tria" for and conviction of vio"ation of a conditiona" ardon under 'rtic"e 1>9 of the @evised +ena" %ode.

1here the +resident o ts to 'dministrative %ode, no 6udicia"

roceed under Section 0< E:F of the @evised ronouncement of $ui"t of a subsequent crime is ardon. (ecause

necessary much "ess conviction therefor by fina" 6ud$ment of a court, in order that a convict may be recommended for the vio"ation of his conditiona" due rocess is not sem er et ubique 6udicia" ardoned convict had a"ready been accorded 6udicia" due rocess, and because the conditiona""y rocess in his tria" and

conviction for the offense for )hich he )as conditiona""y ardoned, Section 0< E:F of the @evised 'dministrative %ode is not aff"icted )ith a constitutiona" vice. :t may be em hasiDed that )hat is invo"ved in the instant case is not the rosecution of the aro"ee for a subsequent offense in the re$u"ar course of administration of the crimina" "a). 1hat is invo"ved is rather the ascertainment of )hether the convict has breached his underta4in$ that he )ou"d not a$ain vio"ate any of the ena" "a)s of the +hi"i inesB for ur oses of reim osition u on him of the remitted ortion of his ori$ina" sentence. /he consequences that the S% here ardon, "i4e the etitioner herein, )ho is ena"ty

dea"s )ith are the consequences of an ascertained breach of the conditions of a ardon. ' convict $ranted conditiona" recommitted must of course be convicted by fina" 6ud$ment of a court of the subsequent crime or crimes )ith )hich he )as char$ed before the crimina" of the @+% defines a distinct, substantive fe"ony, the re$arded as havin$ vio"ated the 'rtic"e 1>9. for such subsequent offenseEsF can be im osed u on him. '$ain, since 'rtic"e 1>9 aro"ee or convict )ho is rosecuted ena"ty in rovisions thereof must be char$ed,

and convicted by fina" 6ud$ment before he can be made to suffer the

TITLE:

VERA VS. PEOPLE 7 # $A 122

ITATI!N: &ATE: 1%"3

,A T#:

Vera, &i$ueras, 'mbas, &"orido, (ayran and 9. others E9* in a""F )ere char$ed )ith the com "e- crime of 4idna in$ )ith murder of 'madeo KoDanes. /hey invo4ed the etitioners admitted havin$ benefits of the amnesty roc"amation of the resident and the case )as referred to the 8th $ueri""a amnesty commission. none of the havin$ 4i""ed "oDanes. /he commission said it cou"d not ta4e co$niDance of the case because the benefits of amnesty cou"d on"y be invo4ed by defendants in a crimina" case )ho, admittin$ commission of the crime, "ead that the said crime )as committed in er etrated a$ainst ursuance of the resistance movement and durin$ the Ja anese occu ation. 1hen Vera a ea"ed, the amnesty commission denied the a ea", addin$ that the ersons )ho aided the enemy committed the crime. Vera )as the on"y one )ho too4 the )itness stand and denied

facts of the case sho)ed that the victim )as a member of another $ueri""a $rou and that the murder seemed to have stemmed from a riva"ry bet)een the t)o $rou s. Vera brou$ht the case to the %ourt of ' ea"s, as4in$ the %' to a"so ru"e, one )ay "ies on"y to those

or another, of the murder case. (ut the %' ru"ed that amnesty a )as in

)ho had admitted the fact but said they shou"d not be unished for the crime done ursuance of resistance to the enemy. :t a"so said it cou"d not ta4e co$niDance of the murder case because that came from the amnesty commission, )hich had no 6urisdiction over the murder case. /he case )as brou$ht to the %ourt on a said that it )as inconsistent for an a ea", )hich cited +eo "e vs K"anita, )hich

e""ant to 6ustify an act or see4 for$iveness for

somethin$ )hich he said he has not committed.

I##-E: U T.E 1hether or not there is a distinction bet)een ardon and amnesty7 !-$T/# $-LING: resu oses the commission of a crime, and )hen the accused maintains

'mnesty

that he has not committed a crime, he cannot have any use for amnesty.

1here an amnesty

roc"amation im oses certain conditions, as in this case, it is rove the e-istence of such conditions. /he

incumbent u on the accused to means that the

invocation of amnesty is in the nature of a "ea of confession and avoidance, )hich "eader admits the a""e$ations a$ainst him but disc"aims "iabi"ity roved, )ou"d brin$ the crime therefore on account of intervenin$ facts )hich, if

char$ed )ithin the sco e of the amnesty roc"amation. /he term ;amnesty; be"on$s to internationa" "a), and is a by their ma$nitude are "ied to rebe""ions )hich

ro er"y )ithin internationa" "a), but has no technica"

meanin$ in the common "a). :t is a synonym of ob"ivion, )hich in the ,n$"ish "a) is the synonym of ardon. E(ouvier, ;'mnesty.;F :n so far as the roc"amation e-tends to the offenses of treason and sedition, it may be re$arded as an amnesty. (ut as to those offenses )hich have arisen out of interna" robbery, arson, etc., the ' o"itica" feuds and ardon.

dissensions amon$ the &i"i inos themse"ves, such as the ordinary crimes of murder, roc"amation must be re$arded in the nature of a "yin$ to a"" ardon may be $enera", a ersons fa""in$ )ithin a certain cate$ory,

or it may be conceded to a sin$"e individua" for an ordinary crime, in )hich "atter case it is a s ecia" ardon, and is evidenced by a )ritin$, the acce tance of )hich is necessary in order that it may become effectua". 1here the ardonin$ o)er is vested in the "e$is"ature and is e-ercised by o"itica"

"e$is"ative $rant, and is in the nature of a $enera" amnesty for strict"y

offenses, it has been considered in the nature of a ub"ic "a), thus havin$ the same effect on the case as if the $enera" "a) unishin$ the offense had been re ea"ed or annu""ed. E#nited States vs. 1i"son, * +eters, 103.F

TITLE:

MONSANTO VS. FACTORAN N!0 7+23%

ITATI!N: G0$0 &ATE: ,E)$-A$3 %, 1%+%

,A T#:

:n a decision rendered on March .>, 1983, the Sandi$anbayan convicted accused, of the com "e- crime of estafa throu$h fa"sification of

etitioner

Sa"vacion '. Monsanto Ethen assistant treasurer of %a"bayo$ %ityF and three other ub"ic documents and sentenced them to im risonment of four E<F years, t)o E.F months and one E1F day of rision correcciona". 's minimum, to ten E10F years and one E1F day of rision mayor as ma-imum, and to ay a fine of +3,>00. /hey )ere further ordered to 6oint"y and severa""y indemnify the $overnment in the sum of +<,89..>0 re resentin$ the ba"ance of the amount defrauded and to ay the costs ro ortionate"y. +etitioner Monsanto a ea"ed her conviction to this %ourt )hich subsequent"y affirmed the same. She then fi"ed a motion for reconsideration but )hi"e said motion )as endin$, she )as e-tended on Cecember 1*,198< by then +resident Marcos abso"ute ardon )hich she acce ted on Cecember .1, 198<. (y reason of said ardon, etitioner )rote the %a"bayo$ %ity treasurer requestin$ ost as assistant city treasurer since the same etitioner

that she be restored to her former

)as sti"" vacant. +etitioner!s "etter3request )as referred to the Ministry of &inance. :n its <th:ndorsement dated March 1, 198>, the &inance Ministry ru"ed that may be reinstated to her osition )ithout the necessity of a ne)a ear"ier than the date she )as e-tended the abso"ute ardon. ointment not

:t a"so directed the city treasurer to see to it that the amount of +<,89..>0 )hich the Sandi$anbayan had required to be indemnified in favor of the $overnment as )e"" as the costs of the "iti$ation, be satisfied. See4in$ reconsideration of the fore$oin$ ru"in$, fu"" etitioner )rote the Ministry on ' ri" 1*, 198> stressin$ that the ardon besto)ed on her has )i ed out the crime )hich im "ies that her service reventive sus ension )hich is eriod of her ay the ro ortionate share of

in the $overnment has never been interru ted and therefore the date of her reinstatement shou"d corres ond to the date of her 'u$ust 1,198.9 that she is entit"ed to bac4 the amount of +<,89..>0. sus ension9 and that she shou"d not be required to ay for the entire

I##-E: U 1hether or not a ub"ic officer, )ho has been $ranted an abso"ute ointment7

ardon by the %hief ,-ecutive, is entit"ed to reinstatement to her former osition )ithout need of a ne) a

T.E

!-$T/# $-LING:

+ardon is defined as ;an act of $race, roceedin$ from the o)er entrusted )ith the e-ecution of the "a)s, )hich e-em ts the individua", on )hom it is besto)ed, from the unishment the "a) inf"icts for a crime he has committed. :t is the rivate, thou$h officia" act of the e-ecutive ma$istrate, de"ivered to the individua" for )hose benefit it is intended, and not communicated officia""y to the %ourt. ' ardon is a deed, to the va"idity of )hich de"ivery is essentia", and de"ivery is not com "ete )ithout acce tance.;+etitioner maintains that )hen she )as issued abso"ute ardon, the %hief ,-ecutive dec"ared her not $ui"ty of the crime for )hich she )as convicted. :n the case of State v. 2aDDard, )e find this stron$ observationG ;/o ardons are issued because of assume that a"" or even a ma6or number of to assume that )hich )e a"" 4no) to be untrue. /he very act of for$iveness im "ies the commission of )ron$, and that )ron$ has been estab"ished by the most com "ete method 4no)n to modern civi"iDation. +ardons may re"ieve from the disabi"ity of fines and forfeitures attendant u on a conviction, but they cannot erase the stain of bad character, )hich has been definite"y fi-ed. :n this onencia, the %ourt )ishes to stress one vita" ointG 1hi"e )e

innocence of the reci ients is not on"y to indict our 6udicia" system, but requires us

are

re ared to concede that

ardon may remit a"" the

ena" consequences of a ardon, bein$ a

crimina" indictment if on"y to $ive meanin$ to the fiat that a residentia" not subscribe to the fictitious be"ief that

rero$ative, shou"d not be circumscribed by "e$is"ative action, )e do ardon b"ots out the $ui"t of an individua"

and that once he is abso"ved, he shou"d be treated as if he )ere innocent. &or )hatever may have been the 6udicia" dicta in the ast, )e cannot ardon can roduce such ;mora" chan$es; as to equatea erceive ho)

ardoned convict in

character and conduct )ith one )ho has constant"y maintained the mar4 of a $ood, "a)3abidin$ citiDen. +ardon $ranted after conviction frees the individua" from a"" the ena"ties and "e$a" disabi"ities and restores him to a"" his civi" ri$hts. (ut un"ess e- ress"y $rounded on the erson!s innocence E)hich is rareF, it cannot brin$ bac4 "ost re utation for honesty, inte$rity and fair dea"in$. /his must be constant"y 4e t in mind "est )e "ose trac4 of the true character and ur ose of the rivi"e$e. /hus, not)ithstandin$ the e- ansive and effusive "an$ua$e of the 8ar"and case, )e are in fu"" a$reement )ith the common"y3he"d o inion that facto restore a convicted fe"on to e"i$ibi"ity for a by reason of the conviction a"thou$h such ardon does not i so ub"ic office necessari"y re"inquished or forfeited ardon undoubted"y restores his "ain"y evident +ub"ic

ointment to that office. /he rationa"e is

offices are intended rimari"y for the co""ective rotection, safety and benefit of the common $ood. /hey cannot be com romised to favor rivate interests. /o insist on ardon virtua""y automaticre instatement because of a mista4en notion that the acquitted one from the offense of estafa )ou"d be $ross"y untenab"e.

'

ardon, a"beit fu"" and

"enary, cannot

rec"ude the a

ointin$

o)er from

refusin$ a

ointment to anyone deemed to be of bad character, a ardoned conviction of

oor mora" ris4,

or )ho is unsuitab"e by reason of the forms art of the unishment

etitioner Monsanto,

this is the bottom "ineG the abso"ute disqua"ification or ine"i$ibi"ity from ub"ic office rescribed by the @evised +ena" %ode for estafa thru ardon9 this may a articu"ar "y for fa"sification of disabi"ity rea )as ub"ic documents. :t is c"ear from the authorities referred to that unishment )ere e- un$ed by her removed. 2enceforth, "i4e)ise etitioner ub"ic

)hen her $ui"t and

ointment to the office )hich )as forfeited by reason of her conviction. 'nd in ost, the facts ub"ic funds.

considerin$ her qua"ifications and suitabi"ity for the

constitutin$ her offense must be and shou"d be eva"uated and ta4en into account to determine u"timate"y )hether she can once a$ain be entrusted )ith Stated different"y, the ardon $ranted to disqua"ification from ho"din$ etitioner has resu"ted in removin$ her

ub"ic em "oyment but it cannot $o beyond that. /o

re$ain her former

ost as assistant city treasurer, she must re3a ointment.

"y and under$o

the usua" rocedure required for a ne) a &ina""y,

etitioner has sou$ht e-em tion from the

ayment of the civi" indemnity

im osed u on her by the sentence. /he %ourt cannot ob"i$e her. %ivi" "iabi"ity arisin$ from crime is $overned by the @evised +ena" %ode. :t subsists not)ithstandin$ service of sentence, or for any reason the sentence is not served by e-tin$uished by the same causes reco$niDed in the %ivi" %ode, name"yG ardon, ayment, amnesty or commutation of sentence. +etitioner!s civi" "iabi"ity may on"y be "oss of the thin$ due, remission of the debt, mer$er of the ri$hts of creditor and debtor, com ensation and novation. /he assai"ed reso"ution of former Ce uty ,-ecutive Secretary &u"$encio S.&actoran, Jr., dated ' ri" 1>, 1980, )as affirmed.

TITLE:

TORRES VS. DIRECTOR OF BUREAU OF PRISONS N!0 12233+

ITATI!N: G0$0 &ATE: &E E()E$ 2%, 1%%2

,A T#:

/he )ife and chi"dren of convicted fe"on 1i"fredo Sumu"on$ /orres immediate re"ease from

ray for his

rison on the $round that the e-ercise of the +resident!s ardon in vio"ation of

rero$ative under Section 0< EiF of the @evised 'dministrative %ode to determine the occurrence, if any, of a breach of a condition of a ardonee!s ri$ht to due rocess and the constitutiona" resum tion of innocence,

constitutes a $rave abuse of discretion amountin$ to "ac4 or e-cess of 6urisdiction.

Of t)o counts of estafa /orres )as convicted by the %ourt of &irst :nstance of Mani"a some time before 19*9. /hese convictions )ere affirmed by the %ourt of ' conditiona" +hi"i ardon )as $ranted to /orres by the +resident of the +hi"i etitioner )ou"d ;not a$ain vio"ate any of the ea"s. /he ma-imum sentence )ou"d e- ire on =ovember ., .000. On ' ri" 18, 19*9, a ines on condition that ena" "a)s of the

ines. >; +etitioner acce ted the conditiona"

ardon and )as consequent"y

re"eased from confinement. 0 On May .1, 1980, the (oard of +ardons and +aro"e reso"ved to recommend to the +resident the cance""ation of the conditiona" ardon $ranted to /orres because /orres had been char$ed )ith t)enty counts of estafa before, and convicted of sedition by, the @e$iona" /ria" %ourt of HueDon %ity. On Se tember 8, 1980, the +resident cance""ed the conditiona" ardon of /orres. On October 10, 1980, then etitioner. /he of the Order etitioner )as ortion of and of 'rrest Minister of Justice =e ta"i '. 8onDa"es issued ;by authority of the +resident; an Order of 'rrest and @ecommitment * a$ainst his sentence. /orres im u$ned the va"idity accordin$"y arrested and confined in Muntin"u a to serve the une- ired

@ecommitment in the aforecited case of /orres v. 8onDa"es 8. /here )e ru"ed that3 Succinct"y ut, in roceedin$ a$ainst a convict )ho has been conditiona" ardoned and )ho is a""e$ed to have breached the conditions of his Ce artment has t)o o tionsG EiF to ardon, the ,-ecutive

roceed a$ainst him under Section 0< EiF of the roceed a$ainst the

@evised 'dministrative %ode, or EiiF to roceed a$ainst him under 'rtic"e 1>9 of the @evised +ena" %ode. 2ere, the +resident has chosen to e-ercise of the +resident!s e-ecutive scrutiny I##-E: U 1hether or not the e-ercise of the +resident!s ri$ht to due 6urisdiction7 rocess and the constitutiona" rero$ative under ardonee!s etitioner under Section 0< EiF of the @evised 'dministrative %ode. /hat choice is an rero$ative and is not sub6ect to 6udicia"

Section 0< EiF of the @evised 'dministrative %ode vio"ates the

resum tion of innocence,

constitutes a $rave abuse of discretion amountin$ to "ac4 or e-cess of

T.E

!-$T/# $-LING: ardon is in the nature of a contract bet)een the soverei$n o)er or

' conditiona"

the %hief ,-ecutive and the convicted crimina" to the effect that the former )i"" re"ease the "atter sub6ect to the condition that if he does not com "y )ith the terms

of the

ardon, he )i"" be recommitted to

rison to serve the une- ired

ortion of

the sentence or an additiona" one. 10 (y the sti u"ated in this contract, the the

ardonee!s consent to the terms "aced himse"f under the ardon. #nder Section

ardonee has thereby

su ervision of the %hief ,-ecutive or his de"e$ate )ho is duty3bound to see to it that ardonee com "ies )ith the terms and conditions of the 0< EiF of the @evised 'dministrative %ode, the %hief ,-ecutive is authoriDed to order ;the arrest and re3incarceration of any such erson )ho, in his 6ud$ment, sha"" fai" ardon, aro"e, or sus ension of to com "y )ith the condition, or conditions of his

sentence.; :t is no) a )e""3entrenched ru"e in this 6urisdiction that this e-ercise of residentia" 6ud$ment is beyond 6udicia" scrutiny. /he determination of the vio"ation of the conditiona" ,-ecutive, and the of the courts, ardon rests e-c"usive"y in the sound 6ud$ment of the %hief ardonee, havin$ consented to erroneous the findin$s "ace his "iberty on conditiona" may be u on )hich his o)er that has $ranted it, cannot invo4e the aid

ardon u on the 6ud$ment of the ho)ever recommitment )as ordered. 11

:t matters not that in the case of /orres, he has a""e$ed"y been acquitted in t)o of the three crimina" cases fi"ed a$ainst him subsequent to his conditiona" ardon, and that the third case remains his ri$ht to a s eedy tria". 2abeas cor us "ies on"y )here the restraint of a ad6ud$ed as i""e$a" or un"a)fu". :n the instant erson!s "iberty has been 6udicia""y etition, the incarceration of /orres endin$ for thirteen E13F years in a arent vio"ation of

remains "e$a" considerin$ that, )ere it not for the $rant of conditiona" ardon )hich had been revo4ed because of a breach thereof, the determination of )hich is beyond 6udicia" scrutiny, he )ou"d have served his fina" sentence for his first conviction unti" =ovember ., .000. #"timate"y, so"e"y vested in the %hief ,-ecutive, )ho in the first e-c"usive author of the conditiona" rero$ative to reinstate the "ace )as the

ardon and of its revocation, is the coro""ary

ardon if in his o)n 6ud$ment, the acquitta" of the ardon to a

ardonee from the subsequent char$es fi"ed a$ainst him, )arrants the same. %ourts have no authority to interfere )ith the $rant by the +resident of a convicted crimina". :t has been our fortified ru"in$ that a fina" 6udicia" ronouncement as to the $ui"t of

a ardonee is not a requirement for the +resident to determine )hether or not there has been a breach of the terms of a conditiona" ardon. /here is "i4e)ise ni" a basis for the courts to effectuate the reinstatement of a conditiona" ardon revo4ed by the +resident in the e-ercise of o)ers undis uted"y so"e"y and abso"ute"y "od$ed in his office. /he instant etition for habeas cor us )as dismissed for "ac4 of merit.

TITLE:

MACAGA-AN VS. PEOPLE # $A *30 G0$0 N!#0 77317120

ITATI!N: 122 &ATE: J-L3 2%, 1%+7

,A T#: On 1< March 1980,

etitioners moved ;to c"ose their cases and re"ease NtheirO

bondNsO; on the $round that they had been $iven amnesty by former +resident &. ,. Marcos on .8 January 1980. /he Sandi$anbayan required them to submit ori$ina"s or authenticated co ies of their amnesty reconsideration, the accused sou$ht to a ers, )hich etitioners )ere unab"e to roduce. /hereu on, the Sandi$anbayan denied etitioners! motion. :n a motion for

rove by secondary evidence their c"aim

that they had been $ranted amnesty by former +resident Marcos. /he /anodbayan ob6ected to a""o)in$ the accused to adduce secondary evidence of $rantEsF of amnesty to the accused. :n an e-tended reso"ution dated .* January 198*, the res ondent Sandi$anbayan denied the motion for reconsideration. /he etitioners no) see4 certiorari to revie) and set aside the e-tended reso"ution "icab"e amnesty

of the Sandi$anbayan, c"aimin$ that the res ondent court committed reversib"e error, first"y, in ho"din$ that +residentia" Cecree =o. 108., the a statue accordin$ to etitioners, did not a them to former +resident to the etitioners. /he etitioners state that they a "ied for amnesty throu$h the 3rd and 11th "y to them9 and second"y, in not a""o)in$

resent secondary evidence of the amnesty a""e$ed"y $ranted by the

'mnesty %ommission EsicF of Kanao de" Sur and Mara)i %ity and that on . &ebruary 198>, they )ere $ranted conditiona" amnesty b , the said %ommission, sub6ect to the a rova" or fina" action of the +resident of the +hi"i the amnesty a "ications of the ines ursuant to +.C. =o. etitioners continue, to the +resident, etitioners. 108., dated . &ebruary 19**. /he 'mnesty %ommission, the endorsed etitioners recommendin$ a

rova" thereof or $rant of e-ecutive c"emency to the

/he etitioners! amnesty a Mohammed the '"i

"ications are said to have been submitted to the Office the etitioners further state, made )ritten

of the +resident by the then +residentia" 'ssistant Victor =ituda. &ormer 8overnor Cima oro, re resentations dated .* January 1980 )ith former +resident Marcos concernin$ etitioners! a "ications durin$ a o"itica" ra""y of the Mi"usan$ (a$on$ Ki unan on .. January 1980. Mr. Marcos a arent"y )rote on the u er ri$hthand corner of former 8overnor art"y

Cima oro!s "etter the fo""o)in$G ;' i""e$ib"e date. /he a ers )ere in the

roved; and si$ned the same )ith a

etitioners state, fina""y, that the ori$ina" co ies of the amnesty ossession of then +residentia" 'dviser Joaquin Venus and )ere

"ost or destroyed at Ma"acanan$ ;durin$ the &ebruary 1980 b"ood"ess mi"itary revo"ution; and cou"d not no) be "ocated.

/he res ondent Sandi$anbayan dec"ined to a""o) the secondary evidence of the c"aimed a

etitioners to submit

"ications for and $rant of amnesty, u on the

$round that even if the etitioners )ere to succeed in rovin$ or authenticatin$ the a""e$ed amnesty a ers throu$h secondary evidence, etitioners )ou"d nonethe"ess not be entit"ed to dischar$e from the convictions rendered by that court. /he res ondent court he"d that the benefits of amnesty )ere never avai"ab"e to the etitioners under +.C. =o. 118.. I##-E: T.E 1hether or not the etitioner can be $ranted on the a !-$T/# $-LING: rovides, in "ied amnesty7

+.C. =o. 118. as amended by +.C. =o. 1<.9, dated 10 June 19*8, re"evant ortion, as fo""o)sG

S,%/:O= 1. +roc"amation of 'mnesty. S 'mnesty is hereby decreed in favor of a"" ersons )ho have been arrested and?or char$ed, or a"thou$h not arrested and?or char$ed may have committed acts )hich ma4e them "iab"e for, vio"ation of the rovisions of @e ub"ic 'ct =o. 1*00, as amended by +residentia" Cecree =o. 88>. and those )ho have been arrested for, and or char$ed or char$eab"e )ith crimes a$ainst ub"ic orderas defined and ena"iDed under @evised +ena" %ode, inc"udin$ ersons in those crimes and offenses )hich may have been committed by said furtherance thereof. S,%. .. +ersons Cisqua"ified. S /he fo""o)in$ ersons are disqua"ified from amnesty under this CecreeG EaF /hose )ho have )ho, )hi"e ho"din$ romoted, maintained or headed a rebe""ion or insurrection or ub"ic office or em "oyment too4 art therein, en$a$ed in )ar ur ose for ro erty or committed serious ersons )ho have been arrested

a$ainst the forces of the 8overnment, destroyed )hich they had been a ro riated9 rovided, that

vio"ence, e-acted contributions or diverted ub"ic funds from the "a)fu" and?or char$ed )ith havin$ mere"y

artici ated or e-ecuted the commands of

others in a rebe""ion may be $ranted amnesty.

EbF /hose )ho have been arrested and?or char$ed )ith murder, homicide, serious hysica" in6uries, crimes a$ainst chastity, robbery, disobedience to iracy, arson, hi6ac4in$, vio"ations of the &irearms and ,- "osives Ka), and assau"t u on and resistance and ersons in authority and their a$ents, e-ce t if such crime or ub"ic order offense )as committed in furtherance of subversion or crimes a$ainst as a mere artici ant?affi"iate?member. S,%. <. %onditions for the $rant of amnesty. S 'ny erson a "yin$ for amnesty

ursuant to this Cecree must satisfy the fo""o)in$ requirementsG

a. :f under arrest or char$ed as of the date of this decree, he must submit his a "ication not "ater than Se tember 30, 19*8 in the rescribed form hereto attached as 'nne- '9 :f not under arrest, he must submit such a arrest or surrender9 b. 2e must rene) his oath of a""e$iance to the @e ub"ic of the +hi"i or affirm to su ort and defend the %onstitution of the +hi"i ines and s)ear "ication )ithin si- months after his

ines9 and

c. 2e must surrender )hatever un"icensed firearms and?or e- "osives and ammunition he may have in his ossession.; E,m hasis su 's "iedF

ointed out by the Sandi$anbayan, under the very "e$is"ation authoriDin$ the

amnesty, EaF /he crimes to be amnestied must have been for vio"ations of subversion "a)s or those defined and +ena" %ode9 and EbF /he a "ications for amnesty must have been fi"ed not "ater than Se tember 30, "icant for amnesty.; roscribed under crimes a$ainst ub"ic order under the @evised

19*8 or si- months after the arrest or surrender of the a

/he instant case therefore resents the issue of )hat effect, if any, may be $iven to su osed acts of the former +resident )hich )ere in conf"ict )ith or in vio"ation of osed acts of the former +resident done in decrees issued by that same former +resident. So vie)ed, this %ourt has no a"ternative save to dec"are that the su 198> in c"ear conf"ict )ith the restrictions embodied in the very decrees romu"$ated by that same former +resident, cannot be $iven any "e$a" effect. :t may be su osed that the former +resident cou"d have va"id"y amended +residentia" Cecrees =os. 108. and 118. so as to )i e a)ay the restrictions and "imitations in fact found in those decrees. (ut the former +resident did not so amend his o)n

decrees and he must be he"d to the terms and conditions that he himse"f had romu"$ated in the e-ercise of "e$is"ative o)er. :t may be S )e do not com "ete"y discount the the amnesty c"aimed by minds of the ossibi"ity S that the former

+resident did in fact act in contravention of the decrees here invo"ved by $rantin$ etitioners, and that by such acts, he may indeed have ro riate recourse of the aroused e- ectations Eho)ever un6ustified under the terms of e-istin$ "a)F in the etitioners. :f such be the case, then the a etitioners is not to this %ourt, nor to any other court, but rather to the ,-ecutive Ce artment of the $overnment. /he +etition )as denied. /he @eso"ution dated .* January 198* of the res ondent Sandi$anbayan )as affirmed.

TITLE:

IBP VS. ZAMORA N!0 1*12+*

ITATI!N: G0$0 &ATE: A-G-#T 12, 2000

,A T#: :nvo4in$ his

o)ers as %ommander3in3%hief under Sec. 18, 'rt. V:: of the

%onstitution, the +resident directed the '&+ %hief of Staff and +=+ %hief to coordinate )ith each other for the ro er de "oyment and uti"iDation of the Marines to assist the +=+ in reventin$ or su ressin$ crimina" or "a)"ess vio"ence. /he eriod on"y, unti" such time )hen etition see4in$ to dec"are the +resident dec"ared that the services of the Marines in the anti3crime cam ai$n are mere"y tem orary in nature and for a reasonab"e the situation sha"" have im roved. /he :(+ fi"ed a de "oyment of the +hi"i I##-E: E1F 1hether or not the +resident5s factua" determination of the necessity of ca""in$ the armed forces is sub6ect to 6udicia" revie) E.F 1hether or not the ca""in$ of the armed forces to assist the +=+ in 6oint visibi"ity atro"s vio"ates the constitutiona" rovisions on civi"ian su remacy over the mi"itary and the civi"ian character of the +=+ T.E !-$T/# $-LING:

ine Marines nu"" and void and unconstitutiona".

1hen the +resident ca""s the armed forces to

revent or su

ress "a)"ess vio"ence,

invasion or rebe""ion, he necessari"y e-ercises a discretionary o)er so"e"y vested in his )isdom. #nder Sec. 18, 'rt. V:: of the %onstitution, %on$ress may revo4e such roc"amation of martia" "a) or sus ension of the 2o)ever, there is no such equiva"ent the ca""in$ out and rivi"e$e of the )rit of habeas cor us and the %ourt may revie) the sufficiency of the factua" basis thereof. rovision dea"in$ )ith the revocation or "aces o)er to dec"are martia" "a) o)ers and revie) of the +resident5s action to ca"" out the armed forces. /he distinction o)er in a different cate$ory from the o)er to sus end the

rivi"e$e of the )rit of habeas cor us, other)ise, the

framers of the %onstitution )ou"d have sim "y "um ed to$ether the 3 rovided for their revocation and revie) )ithout any qua"ification.

/he reason for the difference in the treatment of the said

o)ers hi$h"i$hts the o)er

intent to $rant the +resident the )idest "ee)ay and broadest discretion in usin$ the o)er to ca"" out because it is considered as the "esser and more beni$n com ared to the the su o)er to sus end the rivi"e$e of the )rit of habeas cor us and

o)er to im ose martia" "a), both of )hich invo"ve the curtai"ment and ression of certain basic civi" ri$hts and individua" freedoms, and thus

necessitatin$ safe$uards by %on$ress and revie) by the %ourt.

:n vie) of the constitutiona" intent to $ive the +resident fu"" discretionary

o)er to

determine the necessity of ca""in$ out the armed forces, it is incumbent u on the etitioner to sho) that the +resident5s decision is tota""y bereft of factua" basis. /he resent su forces. /he %ourt disa$rees to the contention that by the de "oyment of the Marines, the civi"ian tas4 of "a) enforcement is Ami"itariDedB in vio"ation of Sec. 3, 'rt. :: of the %onstitution. /he de "oyment of the Marines does not constitute a breach of the civi"ian su remacy c"ause. /he ca""in$ of the Marines constitutes mi"itary assets for civi"ian "a) enforcement. /he "oca" ermissib"e use of o"ice forces are the ones in etition fai"s to dischar$e such heavy burden, as there is no evidence to ort the assertion that there e-ists no 6ustification for ca""in$ out the armed

char$e of the visibi"ity atro"s at a"" times, the rea" authority be"on$in$ to the +=+ Moreover, the de "oyment of the Marines to assist the +=+ does not unma4e the civi"ian character of the o"ice force. /he rea" authority in the o erations is "od$ed )ith the head of a civi"ian institution, the +=+, and not )ith the mi"itary. Since none of the Marines )as incor orated or en"isted as members of the +=+, there can be no

ointment to civi"ian

osition to s ea4 of. 2ence, the de "oyment of the Marines

in the 6oint visibi"ity atro"s does not destroy the civi"ian character of the +=+.

TITLE:

LACSON VS. PEREZ # $A 72" G0$0 N!0 1*77+0

ITATI!N: 327 &ATE: (A3 10, 2001

,A T#:

+resident Maca a$a"3'rroyo dec"ared a State of @ebe""ion E+roc"amation =o. 38F on May 1, .001 as )e"" as 8enera" Order =o. 1 orderin$ the '&+ and the +=+ to su and ress the rebe""ion in the =%@. 1arrant"ess arrests of severa" a""e$ed "eaders romoters of the Arebe""ionB )ere thereafter effected. +etitioner fi"ed for "ication for the re"iminary in6unction. ray that the

rohibition, in6unction, mandamus and habeas cor us )ith an a issuance of tem orary restrainin$ order and?or )rit of

+etitioners assai" the dec"aration of +roc. =o. 38 and the )arrant"ess arrests a""e$ed"y effected by virtue thereof. +etitioners furthermore a arrai$nment and tria" unti" this instant ro riate court, )herein the information a$ainst them )ere fi"ed, )ou"d desist etition is reso"ved. /hey a"so contend that

they are a""e$ed"y faced )ith im endin$ )arrant"ess arrests and un"a)fu" restraint bein$ that ho"d de arture orders )ere issued a$ainst them. I##-E: U same7 T.E !-$T/# $-LING: 1hether or =ot +roc"amation =o. 38 is va"id, a"on$ )ith the )arrant"ess arrests and ho"d de arture orders a""e$ed"y effected by the

+resident Maca a$a"3'rroyo ordered the "iftin$ of +roc. =o. 38 on May 0, .000, accordin$"y the instant etition has been rendered moot and academic. @es ondents have dec"ared that the Justice Ce artment and the o"ice authorities

intend to obtain re$u"ar )arrants of arrests from the courts for a"" acts committed rior to and unti" May 1, .001. #nder Section >, @u"e 113 of the @u"es of %ourt, authorities may on"y resort to )arrant"ess arrests of in su ersons sus ected of rebe""ion rayer for mandamus and rovidin$ for re"iminary eriod in ressin$ the rebe""ion if the circumstances so )arrant, thus the )arrant"ess

arrests are not based on +roc. =o. 38. +etitioner5s

rohibition is im ro er at this time because an individua" )arrant"ess"y arrested has adequate remedies in "a)G @u"e 11. of the @u"es of %ourt, investi$ation, 'rtic"e 1.> of the @evised +ena" %ode, )hich a )arrant"ess"y arrested de"ay of the same. :f the detention shou"d have no "e$a" $round, the arrestin$ officer can be char$ed )ith arbitrary detention, not re6udicia" to c"aim of dama$es under 'rtic"e 3. of the %ivi" %ode. +etitioners )ere neither assai"in$ the va"idity of the sub6ect ho"d de arture orders, nor )ere they e- ressin$ any intention to "eave the country in the near future. /o dec"are the ho"d de arture orders nu"" and void ab initio must be made in the ro er roceedin$s initiated for that ur ose. rovidin$ for the

erson must be de"ivered to the

ro er 6udicia"

authorities, other)ise the officer res onsib"e for such may be

ena"iDed for the

+etitioners5 rayer for re"ief re$ardin$ their a""e$ed im endin$ )arrant"ess arrests is remature bein$ that no com "aints have been fi"ed a$ainst them for any crime, furthermore, the )rit of habeas cor us is unca""ed for since its un"a)fu" restraint )hich +etitioners are not sub6ected to. +etition is dismissed. @es ondents, consistent and con$ruent )ith their underta4in$ ear"ier adverted to, to$ether )ith their a$ents, re resentatives, and a"" ersons actin$ in their beha"f, are hereby en6oined from arrestin$ +etitioners )ithout the ur ose is to re"ieve

required 6udicia" )arrants for a"" acts committed in re"ation to or in connection )ith the May 1, .001 sie$e of Ma"acaQan$.

TITLE:

DAVID VS. MACAPAGAL-ARROYO G0$0 N!0 1713%"

ITATI!N: &ATE: (A3 3, 200"

,A T#:

On &ebruary .<, .000, as the nation ce"ebrated the .0th 'nniversary of the ,dsa +eo "e +o)er :, +resident 'rroyo issued +residentia" +roc"amation =o. 101* E++

101*F dec"arin$ a state of nationa" emer$ency. On the same day, the +resident issued 8enera" Order =o. > E8.O. =o. >F im "ementin$ ++ 101*. /he ro-imate cause behind the e-ecutive issuances )as the cons iracy amon$ some mi"itary officers, "eftist insur$ents of the =e) +eo "e5s 'rmy E=+'F, and some members of the o"itica" o osition in a "ot to unseat or assassinate +resident 'rroyo.

/hey considered the aim to oust or assassinate the +resident and ta4e3over the rei$ns of $overnment as a c"ear and Ki4e)ise, a"" resent dan$er. '"" ro$rams and activities re"ated to the .0th anniversary ce"ebration of ,dsa +eo "e +o)er : are cance""ed. ermits to ho"d ra""ies issued ear"ier by the "oca" $overnments are o"itica" ra""ies, )hich to the ur oses of destabi"iDation, are cance""ed. revo4ed. Justice Secretary @au" 8onDa"es stated that +resident5s mind )ere or$aniDed for

+residentia" %hief of Staff Michae" Cefensor announced that A)arrant"ess arrests and ta4e3over of faci"ities, inc"udin$ media, can a"ready be im "emented.B Curin$ the dis ersa" of the ra""yists a"on$ ,CS', etitioner @ando"f S. Cavid, a ne)s a er co"umnist. ,-act"y one )ee4 after the dec"aration of a state of nationa" emer$ency, the +resident "ifted ++ 101* by issuin$ +roc"amation =o. 10.1. I##-E: U 1hether or not the issuance of ++ 10.1 renders the academic7 T.E !-$T/# $-LING: etitions moot and o"ice arrested E)ithout )arrantF ines and

rofessor at the #niversity of the +hi"i

/he %ourt ho"ds that +resident 'rroyo5s issuance of ++ 10.1 did not render the resent etitions moot and academic. Curin$ the ei$ht E8F days that ++ 101* )as etitioners, committed i""e$a" acts in o erative, the o"ice officers, accordin$ to

im "ementin$ it. 're ++ 101* and 8.O. =o. > constitutiona" or va"id7 Co they 6ustify these a""e$ed i""e$a" acts7 /hese are the vita" issues that must be reso"ved in the resent etitions. :t must be stressed that Aan unconstitutiona" act is not a "a), it rotection9 it is in "e$a" confers no ri$hts, it im oses no duties, it affords no contem "ation, ino erative.B

/he Amoot and academicB

rinci "e is not a ma$ica" formu"a that can automatica""y

dissuade the courts in reso"vin$ a case. %ourts )i"" decide cases, other)ise moot and academic, ifG first, there is a $rave vio"ation of the %onstitution9 second, the e-ce tiona" character of the situation and the aramount ub"ic interest is invo"ved9 third, )hen constitutiona" issue raised requires formu"ation of contro""in$ to $uide the bench, the bar, and the re etition yet evadin$ revie). '"" the fore$oin$ e-ce tions are 6urisdiction over the instant bein$ raised affect the resent here and 6ustify this %ourt5s assum tion of rinci "es ub"ic9 and fourth, the case is ca ab"e of

etitions. +etitioners a""e$ed that the issuance of ++ eo "e5s basic

101* and 8.O. =o. > vio"ates the %onstitution. /here is no question that the issues ub"ic5s interest, invo"vin$ as they do the ri$hts to freedom of e- ression, of assemb"y and of the ress. Moreover, the %ourt rece ts, doctrines rotection $iven

has the duty to formu"ate $uidin$ and contro""in$ constitutiona" resent etitions, the mi"itary and the

or ru"es. :t has the symbo"ic function of educatin$ the bench and the bar, and in the o"ice, on the e-tent of the by constitutiona" $uarantees. 'nd "ast"y, res ondents5 contested actions are ca ab"e of re etition. %ertain"y, the etitions are sub6ect to 6udicia" revie).

TITLE:

AMPATUAN ET AL VS. PUNO G0$0 N!0 1%022%

ITATI!N: &ATE: J-NE 7, 2011

,A T#:

On =ovember .<, .009, the day after the $ruesome massacre of >* men and )omen, then +resident 8"oria Maca a$a"3'rroyo issued +roc"amation 19<0, "acin$ Athe +rovinces of Ma$uindanao and Su"tan Mudarat and the %ity of %otabato under a state of emer$ency.B She directed the '&+ and the +=+ Ato underta4e such measures as may be a""o)ed by the %onstitution and by "a) to su ress a"" incidents of "a)"ess vio"enceB in the named a"so de"e$ated to the C:K8 the su ervision of the '@MM. /he etitioners c"aimed that the +resident5s issuances encroached the '@MM5s revent and "aces. #nder 'O .*3, she

autonomy, that it constitutes an inva"id e-ercise of emer$ency o)ers, and that the +resident had no factua" basis for dec"arin$ a state of emer$ency, es ecia""y in the +rovince of Su"tan Mudarat and the %ity of %otabato, )here no critica" vio"ent incidents occurred. /hey )ant +roc. 19<0 and 'O .*3 be dec"ared unconstitutiona". /he res ondents, ho)ever, said that its ur ose )as not to de rive the '@MM of its autonomy, but to restore Aca""in$ outB eace and order in sub6ect "aces. :t is ursuant to her o)er as %ommander3in3%hief. /he determination of the need to

e-ercise this o)er rests so"e"y on her )isdom. /he +resident mere"y de"e$ated her su ervisory faci"itate the investi$ation of the mass 4i""in$s. I##-E: U 1hether or not +resident 'rroyo inva"id"y e-ercised emer$ency o)ers )hen she ca""ed out the '&+ and the +=+ to revent and su %otabato %ity7 U 1hether or not there is factua" basis on the ca""in$ out of the 'rmed &orces7 T.E !-$T/# $-LING: roc"aim a nationa" emer$ency, on"y a state of emer$ency in ursuant to any "a) enacted by o)ers. /he ca""in$ out of "aces is a o)er ress a"" incidents of "a)"ess vio"ence in Ma$uindanao, Su"tan Mudarat, and o)ers over the '@MM to the C:K8

Secretary )ho )as her a"ter e$o any )ay. /he de"e$ation )as necessary to

/he +resident did not the three

"aces mentioned. 'nd she did not act revent or su

%on$ress that authoriDed her to e-ercise e-traordinary the armed forces to

ress "a)"ess vio"ence in such

that the %onstitution direct"y vests in the +resident. She did not need a con$ressiona" authority to e-ercise the same.

/he +resident5s ca"" on the armed forces to s rin$s from the

revent or su

ress "a)"ess vio"ence

o)er vested in her under Section 18, 'rtic"e V:: of the

%onstitution. 1hi"e it is true that the %ourt may inquire into the factua" bases for the +resident5s e-ercise of the above o)er, un"ess it is sho)n that such determination )as attended by $rave abuse of discretion, the %ourt )i"" accord res ect to the +resident5s 6ud$ment.

TITLE:

NICOLAS VS. ROMULO N!0 172+++

ITATI!N: G0$0 &ATE: ,E)$-A$3 11, 200%

,A T#:

2erein res ondent, Kance %or ora" Canie" Smith, is a member of the #nited States 'rmed &orces. 2e )as char$ed )ith the crime of ra e committed a$ainst a &i"i ina, SuDette S. =ico"as. +ursuant to the Visitin$ &orces '$reement EV&'F bet)een the @e ub"ic of the +hi"i ines and the #nited States, the #nited States, at its request, )as $ranted custody of defendant Smith endin$ the roceedin$s. Curin$ the tria", the #S 8overnment faithfu""y com "ied )ith its underta4in$ to brin$ defendant Smith to the tria" court every time his resence )as required. ,ventua""y, the @e$iona" /ria" %ourt rendered its Cecision, findin$ defendant Smith $ui"ty. 2e sha"" serve his sentence in the faci"ities that sha"" be a$reed u on by a +hi"i ine and #nited States faci"ities, accused is hereby tem orari"y committed to the Ma4ati %ity Jai". 2o)ever, defendant )as ta4en out of the Ma4ati 6ai" by a contin$ent of +hi"i the #nited States $overnment, +hi"i /his a$reement ine ro riate ursuant to the V&'. +endin$ a$reement on such

"a) enforcement a$ents, and brou$ht to a faci"ity for detention under the contro" of rovided for under ne) a$reements bet)een the ines and the #nited States, referred to as the @omu"o3Menney '$reement. rovides that in accordance )ith the Visitin$ &orces '$reement

si$ned, Smith, #nited States Marine %or s, be returned to #nited States mi"itary custody at the #.S. ,mbassy in Mani"a. +etitioners contend that the +hi"i rovide for a different ru"e of ines shou"d have custody of Smith because if o)er is to rotection

they )ou"d a""o) such transfer of custody of an accused to a forei$n rocedure for that accused. /he equa" c"ause of the %onstitution is a"so vio"ated. I##-E: U T.E

1hether or =ot there is a vio"ation of the equa" rotection c"ause7 !-$T/# $-LING:

/he equa" rotection c"ause is not vio"ated, because there is a substantia" basis for a different treatment of a member of a forei$n mi"itary armed forces a""o)ed to enter our territory and a"" other accused.

/he ru"e in internationa" "a) is that a forei$n armed forces a""o)ed to enter one5s territory is immune from "oca" 6urisdiction, e-ce t to the e-tent a$reed u on. /he Status of &orces '$reements invo"vin$ forei$n mi"itary units around the )or"d vary in terms and conditions, accordin$ to the situation of the ref"ect their bar$ainin$ o)er. arties invo"ved, and

(ut the rinci "e remains, i.e., the receivin$ State can e-ercise 6urisdiction over the forces of the sendin$ State on"y to the e-tent a$reed u on by the arties. 's a resu"t, the situation invo"ved is not one in )hich the ado t ru"es of o)er of this %ourt to rocedureF of

rocedure is curtai"ed or vio"ated, but rather one in )hich, as is "y P e-ce t to the e-tent a$reed u on P to sub6ects of

norma""y encountered around the )or"d, the "a)s Einc"udin$ ru"es of one State do not e-tend or a

another State due to the reco$nition of e-traterritoria" immunity $iven to such bodies as visitin$ forei$n armed forces. ' "yin$, ho)ever, the rovisions of V&', the %ourt finds that there is a different

treatment )hen it comes to detention as a$ainst custody. :t is c"ear that the arties to the V&' reco$niDed the difference bet)een custody rovided for a s ecific

durin$ the tria" and detention after conviction, because they

arran$ement to cover detention. 'nd this s ecific arran$ement c"ear"y states not on"y that the detention sha"" be carried out in faci"ities a$reed on by authorities of both arties, but a"so that the detention sha"" be ;by +hi"i ine authorities.; /herefore, the @omu"o3Menney '$reements of Cecember 19 and .., .000, )hich are a$reements on the detention of the accused in the #nited States ,mbassy, are not in accord )ith the V&' itse"f because such detention is not ;by +hi"i authorities.; @es ondents under +hi"i shou"d therefore com "y )ith the V&' and ne$otiate )ith ine

re resentatives of the #nited States to)ards an a$reement on detention faci"ities ine authorities as mandated by 'rt. V, Sec. 10 of the V&'. /he Visitin$ ines and the #nited &orces '$reement EV&'F bet)een the @e ub"ic of the +hi"i C,%K'@,C not in accordance )ith the V&'.

States, )as #+2,KC as constitutiona", but the @omu"o3Menney '$reements )ere

TITLE:

BAYAN VS. ZAMORA **% G0$0 N!0 13+270

ITATI!N: 3*2 # $A &ATE: ! T!)E$ 10, 2000

,A T#: /he @e ub"ic of the +hi"i as a treaty by the +hi"i Senate.

ines and the #nited States of 'merica entered into an ine $overnment and )as ratified by then3+resident Jose h of the +hi"i ine

a$reement ca""ed the Visitin$ &orces '$reement EV&'F. /he a$reement )as treated ,strada )ith the concurrence of .?3 of the tota" membershi

/he V&' defines the treatment of #.S. troo s and ersonne" visitin$ the +hi"i :t the #.S. and the +hi"i materia"s and su "ies.

ines.

rovides for the $uide"ines to $overn such visits, and further defines the ri$hts of ine $overnments in the matter of crimina" 6urisdiction,

movement of vesse" and aircraft, im ortation and e- ortation of equi ment,

+etitioners ar$ued, inter a"ia, that the V&' vio"ates V.>, 'rtic"e LV::: of the 198* %onstitution, )hich rovides that Aforei$n mi"itary bases, troo s, or faci"ities sha"" ines e-ce t under a treaty du"y concurred in by the not be a""o)ed in the +hi"i

Senate . . . and reco$niDed as a treaty by the other contractin$ State.B I##-E: U T.E 1hether or not the V&' is unconstitutiona"7 !-$T/# $-LING: etitions, he"d that the etitioners did not

N/he %ourt C:SM:SS,C the conso"idated

commit $rave abuse of discretion, and sustained the constitutiona"ity of the V&'.O

=O, the V&' is not unconstitutiona". Section .>, 'rtic"e LV::: disa""o)s forei$n mi"itary bases, troo s, or faci"ities in the country, un"ess the fo""o)in$ conditions are sufficient"y met, viDG EaF it must be under a treaty9 EbF the treaty must be du"y concurred in by the Senate and, )hen so required by con$ress, ratified by a ma6ority of the votes cast by the eo "e in a nationa" referendum9 and EcF reco$niDed as a treaty by the other contractin$ state. /here is no dis ute as to the accordance )ith the resence of the first t)o requisites in the case of the rovision in Nin V.>, 'rtic"e

V&'. /he concurrence handed by the Senate throu$h @eso"ution =o. 18 is in rovisions of the %onstitution the LV:::O requirin$ ratification by a ma6ority of the votes cast in a nationa" referendum bein$ unnecessary since %on$ress has not required it.

/his %ourt is of the firm vie) that the the other contractin$

hrase Areco$niDed as a treatyB means that

arty acce ts or ac4no)"ed$es the a$reement as a treaty. /o ursuant to its

require the other contractin$ state, the #nited States of 'merica in this case, to submit the V&' to the #nited States Senate for concurrence %onstitution, is to accord strict meanin$ to the hrase. 1e""3entrenched is the rinci "e that the )ords used in the %onstitution are to be revai"s. :ts "an$ua$e shou"d be

$iven their ordinary meanin$ e-ce t )here technica" terms are em "oyed, in )hich case the si$nificance thus attached to them understood in the sense they have in common use. Moreover, it is inconsequentia" )hether the #nited States treats the V&' on"y as an e-ecutive a$reement because, under internationa" "a), an e-ecutive a$reement is as bindin$ as a treaty. /o be sure, as "on$ as the V&' ossesses the e"ements of an a$reement under internationa" "a), the said a$reement is to be ta4en equa""y as a treaty. /he records revea" that the #nited States 8overnment, throu$h 'mbassador /homas %. 2ubbard, has stated that the #nited States $overnment has fu""y committed to "ivin$ u to the terms of the V&'. &or as "on$ as the #nited States of 'merica acce ts or ac4no)"ed$es the V&' as a treaty, and binds itse"f further to com "y )ith its ob"i$ations under the treaty, there is indeed mar4ed com "iance )ith the mandate of the %onstitution.

TITLE: PIMENTEL VS. EXECUTIVE SECRETARY ITATI!N: &ATE: J-L3 ", 2002
,A T#: /he @ome Statute estab"ished the :%% )hich Asha"" have the 6urisdiction over o)er to e-ercise its ines,

G0$0

N!0

12+0++

ersons for the most serious crimes of internationa" concern --ine Mission to the #=,

and sha"" be com "ementary to the nationa" crimina" 6urisdictions.B /he +hi"i throu$h %har$e d5 'ffairs ,nrique '. Mana"o of the +hi"i si$ned the @ome Statute on Cec. .8, .000. :ts be sub6ect to ratification, acce tance or a +etitioners no) fi"e this

rovisions, ho)ever, require that it

rova" of the si$natory states.

etition to com e" the Office of the +resident to transmit

the si$ned co y of the @ome Statute to the Senate for its concurrence. I##-E: U 1hether or not the ,-ecutive Secretary and the C&' have a ministeria" duty to transmit to the Senate the co y of the @ome Statute7 T.E !-$T/# $-LING:

:n our system of $overnment, the +resident, bein$ the head of state, is re$arded as the so"e or$an and authority in e-terna" re"ations and is the country5s so"e

re resentative )ith forei$n nations. 's the chief architect of forei$n

o"icy, the

+resident acts as the country5s mouth iece )ith res ect to internationa" affairs. 2ence, the +resident is vested )ith the authority to dea" )ith forei$n states and $overnments, e-tend or )ithho"d reco$nition, maintain di "omatic re"ations, enter into treaties, and other)ise transact the business of forei$n re"ations. :n the rea"m of treaty3ma4in$, the +resident has the so"e authority to ne$otiate )ith other states. =onethe"ess, )hi"e the +resident has the so"e authority to ne$otiate and enter into treaties, the %onstitution rovides a "imitation to his o)er by requirin$ the rovides that concurrence of .?3 of a"" the members of the Senate for the va"idity of the treaty entered into by him. Section .1, 'rtic"e V:: of the 198* %onstitution in by at "east t)o3thirds of a"" the Members of the Senate.B /he artici ation of the "e$is"ative branch in the treaty3ma4in$ rocess )as deemed essentia" to rovide a chec4 on the e-ecutive in the fie"d of forei$n re"ations. (y requirin$ the concurrence of the "e$is"ature in the treaties entered into by the +resident, the %onstitution ensures a hea"thy system of chec4s and ba"ance necessary in the nation5s ursuit of o"itica" maturity and $ro)th. Ano treaty or internationa" a$reement sha"" be va"id and effective un"ess concurred

:t shou"d be underscored that the si$nin$ of the treaty and the ratification are t)o se arate and distinct ste s in the treaty3ma4in$ si$nature is a symbo" of the $ood faith of the rocess. 's ear"ier discussed, the erformed by the state5s rovisions of a treaty the $overnment. rimari"y intended as a means of authenticatin$ the instrument and as arties. :t is usua""y

authoriDed re resentative in the di "omatic mission. @atification, on the other hand, is the forma" act by )hich a state confirms and acce ts the underta4en by the head of the state or of conc"uded by its re resentative. :t is $enera""y he"d to be an e-ecutive act, +etitioners5 submission that the +hi"i ines is bound under treaty "a) and

internationa" "a) to ratify the treaty )hich it has si$ned is )ithout basis. /he si$nature does not si$nify the fina" consent of the state to the treaty. :t is the ratification that binds the state to the ratification, acce tance or a rovisions thereof. :n fact, the @ome Statute itse"f requires that the si$nature of the re resentatives of the states be sub6ect to rova" of the si$natory states. @atification is the act by roved by a State. (y )hich the rovisions of a treaty are forma""y confirmed and a by the

ratifyin$ a treaty si$ned in its beha"f, a state e- resses its )i""in$ness to be bound rovisions of such treaty. 'fter the treaty is si$ned by the state5s re resentative, the +resident, bein$ accountab"e to the eo "e, is burdened )ith the res onsibi"ity and the duty to carefu""y study the contents of the treaty and ensure

that they are not inimica" to the interest of the state and its

eo "e. /hus, the ine

+resident has the discretion even after the si$nin$ of the treaty by the +hi"i of /reaties does not contem "ate to defeat or even restrain this

re resentative )hether or not to ratify the same. /he Vienna %onvention on the Ka) o)er of the head of states. :f that )ere so, the requirement of ratification of treaties )ou"d be oint"ess and futi"e. :t has been he"d that a state has no "e$a" or even mora" duty to ratify a treaty )hich has been si$ned by its "eni otentiaries. /here is no "e$a" ob"i$ation to ratify a treaty, but it $oes )ithout sayin$ that the refusa" must be based on substantia" $rounds and not on su erficia" or )himsica" reasons. Other)ise, the other state )ou"d be 6ustified in ta4in$ offense. :t shou"d be em hasiDed that under our %onstitution, the o)er to ratify is vested in the +resident, sub6ect to the concurrence of the Senate. /he ro"e of the Senate, ho)ever, is "imited on"y to $ivin$ or )ithho"din$ its consent, or concurrence, to the ratification. 2ence, it is )ithin the authority of the +resident to refuse to submit a treaty to the Senate or, havin$ secured its consent for its ratification, refuse to ratify it. '"thou$h the refusa" of a state to ratify a treaty )hich has been si$ned in its beha"f is a serious ste that shou"d not be ta4en "i$ht"y, such decision is )ithin the com etence of the +resident a"one, )hich cannot be encroached by this %ourt via a )rit of mandamus. /his %ourt has no 6urisdiction over actions see4in$ to en6oin the +resident in the erformance of his officia" duties. /he %ourt, therefore, cannot rayed for by the etitioners as it is beyond its issue the )rit of mandamus

6urisdiction to com e" the e-ecutive branch of the $overnment to transmit the si$ned te-t of @ome Statute to the Senate.

TITLE:

GO TEK VS. DEPORTATION BOARD # $A 17 G0$0 N!0 L123+*"

ITATI!N: 7% &ATE: #E4T %, 1%77

,A T#:

3the %hief +rosecutor of the Ce ortation (oard fi"ed a com "aint a$ainst 8o /e4, a %hinaman, residin$ in :"a$an, :sabe"a and in Sta. %ruD, Mani"a.3it )as a""e$ed in the com "aint that in Cecember 1903, a number of =(: a$ents searched an office on O! Conne" St. in Sta. %ruD, )hich )as be"ieved to be the headquarters of a $ueri""a unit of the ;,mer$ency :nte""i$ence Section, 'rmy of the #nited States; and amon$ those arrested )as 8o /e4.3 8o /e4 )as an a""e$ed sector commander and inte""i$ence and record officer of that $ueri""a unit.3 '"so, as further a""e$ed, there )ere severa" fa4e do""ars found in his ossession and that he had vio"ated 'rt. 108 rosecutor rayed that of the @+% and rendered himse"f an undesirab"e a"ien.3/he

after tria" the (oard shou"d recommend to the +resident of the +hi"i immediate de ortation of 8o /e4 as an undesirab"e a"ien, and that ;his this country havin$ been, and )i"" a")ays be and a menace to the the com "aint )as

ines the resence in

eace , )e"fare,

and security of the community;.38o /e4 fi"ed a motion to dismiss on the $round that remature because there )as a endin$ case a$ainst him in the city fisca"!s office of Mani"a for vio"ation of 'rtic"e 108.2e contended that the board had no 6urisdiction to try the case in vie) of the obiter dictum in Hua %hee 8an that the board may de ort a"iens on"y on the $rounds s ecified in the "a).3/he (oard, in its reso"ution of ' ri" .1, 190< denied 8o /e4!s motion. /he (oard reasoned out that a conviction is not a rerequisite before the State my e-ercise its ri$hts to de ort an undesirab"e a"ien and that the (oard is on"y a fact findin$ body )hose function is to ma4e a re ort and recommendation to the +resident in )hom is "od$ed the e-c"usive o)er to de ort an a"ien or a de ortation roceedin$.38o /e4 fi"ed in the %ourt of &irst :nstance of Mani"a a rohibition action a$ainst the (oard %&: ru"ed in favor of 8o /e4, citin$ the obiter dictum in Hua %hee 8an, statin$ that mere ossession of fa4e do""ars is not a $round for de ortation under the :mmi$ration Ka)9 and that under section 3*E3F of the "a) before an a"ien may be de orted for havin$ been convicted and sentenced to im risonment for a term of one year or more for a crime invo"vin$ mora" tur itude a conviction is and that since 8o /e4 had not been convicted of the offense de ortation )as remature.3/he (oard a of the +resident of the +hi"i a"iens and tore therein I##-E: U 1hether the +resident has the o)er to de ort undesirab"e a"iens7 unished in artic"e 108,the ea"ed to the S% a""e$in$ that the decision

)as contrary to "a).3/he arties sti u"ated that the Ce ortation (oard is an a$ency ines char$ed )ith the investi$ation of undesirab"e ro er action on the basis of its findin$s ort and recommend

T.E

!-$T/# $-LING: o)er to de ort a"iens and the investi$ation of a"iens sub6ect to rovided for in the fo""o)in$ rovisions of the @evised

/he +resident!s de ortation are

'dministrative %odeGS,%. 09. Ce ortation of sub6ect of forei$n o)er.

S ' sub6ect of a forei$n

o)er residin$ in the +hi"i

ine :s"ands sha"" not be

de orted e- e""ed, or e-c"uded from said :s"ands or re atriated to his o)n country by the 8overnor38enera" e-ce t u on rior investi$ator, conducted by said ,-ecutive or his authoriDed a$ent, of the $round u on )hich such action is contem "ated. :n such case the erson concerned sha"" he informed of the char$e or char$es a$ainst him and he sha"" be a""o)ed not "ess than three days for the re aration of his defense. 2e sha"" a"so have the ri$ht to be heard by himse"f or counse", to roduce )itnesses in his o)n beha"f, and to cross3e-amine the o )itnesses. On the other hand, section 3* of the :mmi$ration Ka) other officer desi$nated by him for the rovides that certain a"iens osin$

may be arrested u on the )arrant of the %ommissioner of :mmi$ration or of any ur ose and de orted u on the %ommissioner!s )arrant ;after a determination by the (oard of %ommissioners of the e-istence of the $round for de ortation as char$ed a$ainst the a"ien.; /hirteen c"asses of a"iens )ho may be de orted by the %ommissioner are s ecifiedin section 3*.So, under e-istin$ "a)9 the de ortation of an undesirab"e a"ien may be effectedE1F by order of the +resident, after due investi$ation, ursuant to section 09 of the @evised 'dministrative %ode andE.F by the %ommissioner of :mmi$ration u on recommendation of the (oard of %ommissioners under section 3* of the immi$ration Ka). /he State has the inherent o)er to de ort undesirab"e a"iens . /hat o)er may be e-ercised by the %hief ,-ecutive ;)hen he deems such action

necessary for the eace and domestic tranqui"ity of the nation;. 'ccordin$ to Justice Johnson, that )hen the %hief ,-ecutive finds that there are a"iens )hose continued in the country is in6urious to the ub"ic interest, he may, even in the absence of e- ress "a), de ort them. /he ri$ht of a country to e- e" or de ort a"iens because their continued resence is detrimenta" to ub"ic )e"fare is abso"ute and unqua"ified ./he Ce ortation (oard is com osed of the #ndersecretary of Justice as chairman , the so"icitor 8enera", and a re resentative of the Secretary of =ationa" Cefense E,-ecutive Order =o. <>> dated June .>, 19>1, <* O.8. .8MF.Section 09 and ,-ecutive Order =o. 398 rovides that, the Ce ortation (oard, do not s ecify the rovides erson is o)er in ro rio or u on com "aint of any $rounds for de ortation. +ara$ra h EaF of ,-ecutive Order =o. 398 mere"y that ;the Ce ortation (oard, motu authoriDed to conduct investi$ations in the manner the +hi"i

rescribed in section 09 of the

@evised 'dministrative %ode to determine )hether a sub6ect of a forei$n +resident of the +hi"i ines the de ortation of such a"ien.

ines is an undesirab"e a"ien or not, and thereafter to recommend to the

's observed by Justice Kabrador, there is no "e$a" nor constitutiona" definin$ the

rovision

o)er to de ort a"iens because the intention of the "a) is to $rant the

%hief ,-ecutive ;fu"" discretion to determine )hether an a"ien!s residence in the country is so undesirab"e as to affect or in6ure the security )e"fare or interest of the state. /he ad6udication of facts u on )hich de ortation is summed u in a sin$"e )ordG the redicated a"so devo"ves on the %hief ,-ecutive )hose decision is fina" and e-ecutory.;/he reasons may be ub"ic interest. '"so, :t is fundamenta" that an rior 6udicia" conviction in a e-ecutive order for de ortation is not de endent on a crimina" case.

TITLE: BARROQUINTO VS. FERNANDEZ ITATI!N: +2 4.IL &ATE: JAN-A$3 21, 1%*%
,A T#: JimeneD and (arrioquinto )ere char$ed for murder for the 4i""in$s they made durin$ the )ar. /he case )as eriod for erfectin$ an a roceeded a$ainst JimeneD because (arrioquinto )as ea" had e- ired, the defendant JimeneD became a)are ersons )ho may be no)here to be found. JimeneD )as then sentenced to "ife im risonment. (efore the of +roc"amation =o. 8, )hich $rants amnesty in favor of a""

"*2

G0$0

N!0

L1127+

char$ed )ith an act ena"iDed under the @+% in furtherance of the resistance to the enemy or a$ainst ersons aidin$ in the )ar efforts of the enemy. (arrioquinto "earned about the %ommission refused to roc"amation and he surfaced in order to invo4e

amnesty as )e"". 2o)ever, %ommissioner &ernandeD of the 1< th 'mnesty rocess the amnesty request of the t)o accused because the t)o refused to admit to the crime as char$ed. JimeneD J (arrioquinto in fact said that a certain /o"entino )as the one )ho committed the crime bein$ char$ed to them. I##-E: T.E 1hether or not admission of $ui"t is necessary in amnesty7 !-$T/# $-LING: rivate act )hich must be

+ardon is $ranted by the +resident and as such it is a "eaded and roved by the erson

ardoned, because the courts ta4e no notice

thereof9 )hi"e amnesty by +roc"amation of the +resident )ith the concurrence of %on$ress, and it is a ub"ic act of )hich the courts shou"d ta4e 6udicia" notice. o"itica" offenses, $enera""y before or +ardon is $ranted to one after conviction9 )hi"e amnesty is $ranted to c"asses of ersons or communities )ho may be $ui"ty of after the institution of the crimina" rosecution and sometimes after conviction.

+ardon "oo4s for)ard and re"ieves the offender from the consequences of an offense of )hich he has been convicted, that is, it abo"ishes or for$ives the unishment, and for that reason it does Anor )or4 the restoration of the ri$hts to ho"d ub"ic office, or the ri$ht of suffra$e, un"ess such ri$hts be e- ress"y restored by the terms of the ardon,B and it Ain no case e-em ts the cu" rit from the ayment of the civi" indemnity im osed u on him by the sentenceB Eart 30, @+%F. 1hi"e amnesty "oo4s bac4)ard and abo"ishes and uts into ob"ivion the offense itse"f, it so over"oo4s and ob"iterates the offense )ith )hich he is char$ed that the erson re"eased by amnesty stands before the "a) recise"y as thou$h he had committed no offense.

:n order to entit"e a

erson to the benefits of the 'mnesty +roc"amation, it is not recedent or sine qua non, admit havin$

necessary that he shou"d, as a condition

committed the crimina" act or offense )ith )hich he is char$ed, and a""e$e the amnesty as a defense9 it is sufficient that the evidence, either of the com "ainant or the accused, sho)s that the offense committed comes )ithin the terms of said 'mnesty +roc"amation. 2ence, it is not correct to say that Ainvocation of the benefits of amnesty is in the nature of a "ea of confession and avoidance.B '"thou$h the accused does not confess the im utation a$ainst him, he may be dec"ared by the courts or the 'mnesty %ommissions entit"ed to the benefits of the amnesty. &or, )hether or not he admits or confesses havin$ committed the offense )ith )hich he is char$ed, the %ommissions shou"d, if necessary or requested by the interested arty, conduct summary hearin$ of the )itnesses both for the com "ainants and the accused, on )hether he has committed the offense in furtherance of the resistance to the enemy, or a$ainst ersons aidin$ in the )ar efforts of the enemy, and decide )hether he is entit"ed to the benefits of amnesty and to be Are$arded as a atriot or hero )ho have rendered inva"uab"e services to the nation,B or not, in accordance )ith the terms of the 'mnesty +roc"amation. Since the 'mnesty +roc"amation is a ub"ic act, the courts as )e"" as the 'mnesty %ommissions created thereby shou"d ta4e notice of the terms of said +roc"amation and a "y the benefits $ranted therein to cases comin$ )ithin their rovince or 6urisdiction, )hether "eaded or c"aimed by the erson char$ed )ith such offenses or not, if the evidence resented sho)s that the accused is entit"ed to said benefits.