Constitutional 1 Cases

1
ARTICLE I: National Territory Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea[1], is a belt of coastal waters e tendin! at "ost twelve na#tical "iles fro" the baseline $#s#ally the "ean low%water "ar&' of a coastal state( The territorial sea is re!arded as the soverei!n territory of the state, altho#!h forei!n shi)s $both "ilitary and civilian' are allowed innocent )assa!e thro#!h it* this soverei!nty also e tends to the airs)ace over and seabed below( The ter" +territorial waters+ is also so"eti"es #sed infor"ally to describe any area of water over which a state has ,#risdiction, incl#din! internal waters, the conti!#o#s -one, the e cl#sive econo"ic -one and )otentially the continental shelf( ./S0L1N02 Nor"ally, the baseline fro" which the territorial sea is "eas#red is the low%water line alon! the coast as "ar&ed on lar!e%scale charts officially reco!ni-ed by the coastal state( This is either the low%water "ar& closest to the shore, or alternatively it "ay be an #nli"ited distance fro" )er"anently e )osed land, )rovided that so"e )ortion of elevations e )osed at low tide b#t covered at hi!h tide $li&e "#d flats' is within 12 na#tical "iles $22 &"' of )er"anently e )osed land( Strai!ht baselines can alternatively be defined connectin! frin!in! islands alon! a coast, across the "o#ths of rivers, or with certain restrictions across the "o#ths of bays( 1n this case, a bay is defined as +a well%"ar&ed indentation whose )enetration is in s#ch )ro)ortion to the width of its "o#th as to contain land%loc&ed waters and constit#te "ore than a "ere c#rvat#re of the coast( /n indentation shall not, however, be re!arded as a bay #nless its area is as lar!e as, or lar!er than, that of the se"i%circle whose dia"eter is a line drawn across the "o#th of that indentation+( The baseline across the bay "#st also be no "ore than 23 na#tical "iles $33 &"' in len!th( 1NT04N/L 5/T04S2 5aters landward of the baseline are defined as internal waters, over which the state has co")lete ,#risdiction2 not even innocent )assa!e is allowed( La&es and rivers are considered internal waters, as are all +archi)ela!ic waters+ within the o#ter"ost islands of an archi)ela!ic state s#ch as 1ndonesia or the 6hili))ines(
T0441T741/L S0/2 / state8s territorial sea e tends #) to 12 na#tical "iles $22 &"' fro" its baseline( 1f this wo#ld overla) with another state8s territorial sea, the border is ta&en as the "edian )oint between the states8 baselines, #nless the states in 9#estion a!ree otherwise( / state can also choose to clai" a s"aller territorial sea( Conflicts still occ#r whenever a coastal nation clai"s an entire !#lf as its territorial waters while other nations only reco!ni-e the "ore restrictive definitions of the UN convention( Two recent conflicts occ#rred in the :#lf of Sidra where Libya has clai"ed the entire !#lf as its territorial waters and the U(S( has twice enforced freedo" of navi!ation ri!hts $:#lf of Sidra incident $1981', :#lf of Sidra incident $1989''( C7NT1:U7US ;7N02 The conti!#o#s -one is a band of water e tendin! fro" the o#ter ed!e of the territorial sea to #) to 23 na#tical "iles $33 &"' fro" the baseline, within which a state can e ert li"ited control for the )#r)ose of )reventin! or )#nishin! +infrin!e"ent of its c#sto"s, fiscal, i""i!ration or sanitary laws and re!#lations within its territory or territorial sea+( This will ty)ically be 12 na#tical "iles $22 &"' wide, b#t co#ld be "ore $if a state has chosen to clai" a territorial sea of less than 12 na#tical "iles', or less, if it wo#ld otherwise overla) another state8s conti!#o#s -one( <owever, #nli&e the territorial sea there is no standard r#le for resolvin! s#ch conflicts, and the states in 9#estion "#st ne!otiate their own co")ro"ise( The United States invo&ed a conti!#o#s -one on 23 Se)te"ber 1999([2] C7NT1N0NT/L S<0L=2 /rticle >?[3] !ives the le!al definition of continental shelf of coastal co#ntries( =or the )hysical !eo!ra)hy definition, see the continental shelf )a!e( The continental shelf of a coastal nation e tends o#t to the o#ter ed!e of the continental "ar!in b#t at least 2@@ na#tical "iles $A>@ &"' fro" the baselines of the
CONSTI LAW I ATTY. CANDELARIA
territorial sea if the continental "ar!in does not stretch that far( The o#ter li"it of a co#ntry8s continental shelf shall not stretch beyond AB@ na#tical "iles $?38 &"' of the baseline, or beyond 1@@ na#tical "iles $18B &"' fro" the 2,B@@ "eter isobath, which is a line connectin! the de)ths of the seabed at 2,B@@ "eters( The o#ter ed!e of the continental "ar!in for the )#r)oses of this article is defined as2 a series of lines ,oinin! )oints not "ore than ?@ na#tical "iles $111 &"' a)art where the thic&ness of sedi"entary roc&s is at least 1C of the hei!ht of the continental shelf above the foot of the continental slo)e* or a series of lines ,oinin! )oints not "ore than ?@ na#tical "iles a)art that is not "ore than ?@ na#tical "iles fro" the foot of the continental "ar!in( The foot of the continental slo)e is deter"ined as the )oint of "a i"#" chan!e in the !radient at its base( The )ortion of the continental shelf beyond the 2@@ na#tical "ile li"it is also &nown as the e tended continental shelf( Co#ntries wishin! to deli"it their o#ter continental shelf beyond 2@@ na#tical "iles have to s#b"it infor"ation on their clai" to the Co""ission on the Li"its of the Continental Shelf( The Co""ission "#st "a&e reco""endations on "atters related to the establish"ent of the o#ter li"its of their continental shelf( The li"its established based on these reco""endations shall be final and bindin!( Co#ntries were s#))osed to lod!e their s#b"issions to e tend their continental shelf beyond 2@@ na#tical "iles within 1@ years of UNCL7S co"in! into force in the co#ntry, or by 1A Day 2@@9 for co#ntries where the convention had co"e into force before 1A Day 1999( /s of 1 E#ne 2@@9, B1 s#b"issions have been lod!ed with the Co""ission, of which 8 have been deliberated by the Co""ission and have had
reco""endations iss#ed( The 8 are $in the order of date of s#b"ission'2 4#ssian =ederation* .ra-il* /#stralia* 1reland* New ;ealand* the ,oint s#b"ission by =rance, 1reland, S)ain and the United Fin!do"* Norway and De ico( / coastal nation has control of all reso#rces on or #nder its continental shelf, livin! or not, b#t no control over any livin! or!anis"s above the shelf that are beyond its e cl#sive econo"ic -one( This !ives it the ri!ht to cond#ct )etrole#" drillin! wor&s and lay s#b"arine cables or )i)elines in its continental shelf( Article II Section 1: Philippines as a democratic and republican State Bacani s! NAC"C" :overn"ent =#nctions2 $revised /d"in( Code' refers only to !overn"ent entity thro#!h which the f#nction of the !overn"ent are e ercised as an attrib#te of soverei!nty, and in this are incl#ded those ar"s to the !overn"ent thro#!h wGc )olitical a#thority is "ade effective whether they be )rovincial, "#nici)al or other for" of local !overn"ent( These are what we call "#nici)al cor)orations( They do not incl#de !overn"ent entities which are !iven a cor)orate )ersonality se)arate and distinct fro" the !overn"ent and which are !overned by the Cor)oration law( Their )owers, d#ties and liabilities have to be deter"ined in the li!ht of that law and their cor)orate charters( ACC#A s! C$%C" :overn"ental f#nctions2 1' constit#ent H the very bonds of society and are co")#lsory 2' "inistrant H #nderta&en only by way of advancin! the !eneral interest of society* o)tional( Land refor" )ro!ra" H !overn"ental f#nction and cannot be #nderta&en by any )rivate enter)rise $no ca)acity'( P&TA s! CIR :overn"ent to )rovide for !eneral welfare( :overn"ent entr#sted to be res)onsible for co)in! with social and econo"ic )roble"s with co""ens#rate )ower of control
2 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
over econo"ic affairs2 live #) to co""it"ent of )ro"otin! !eneral welfare thro#!h state action( Republic s! 'ud(e o) C#I Ri*al The rice and Corn /d"inistration is a !overn"ent a!ency witho#t a distinct and se)arate le!al )ersonality fro" that of the 4e)#blic of the 6hili))ines( &#P s! Reyes 6#blic 7ffice H the ri!ht, a#thority and d#ty, created and conferred by law, by which, for a !iven )eriod, either fi ed by law or end#rin! at the )leas#re of the creatin! )ower, an individ#al is vested with so"e )ortion of soverei!n f#nctions of the !overn"ent, to be e ercised by hi" for the benefit of the )#blic( 7ffice $distin!#ished fro" e")loy"ent or contract' H the creation and conferrin! of an office involves a dele!ation to the individ#al of so"e of the soverei!n f#nctions of the !overn"ent, for the benefit of the )#blic* that so"e )ortion of the soverei!n f#nction of the co#ntry, either le!islative, e ec#tive or ,#dicial, attaches, for the ti"e bein!, to be e ercised for the )#blic benefit( +IAA s! CA :7CC H a stoc& or non%stoc& cor)oration, vested with f#nctions relatin! to the )#blic needs whether !overn"ental or )ro)rietary in nat#re, and owned by the !overn"ent directly or thro#!h its instr#"entalities either wholly, or where a))licable $for stoc& cor)s(', to the e tent of at least B1C of its ca)ital stoc&( $D1// as a !overn"ent instr#"entality' 1nstr#"entality H defined as any a!ency of the National :overn"ent, not inte!rated within the de)art"ent fra"ewor&, vested with s)ecial f#nctions or ,#risdiction by law, endowed with so"e if not all cor)orate )owers, ad"inisterin! s)ecial f#nds, and en,oyin! o)erational a#tono"y, #s#ally thro#!h a charter( Ramiscal s! Sandi(anbayan
/=6%4S.S H a :7CC and its f#nds are in the nat#re of )#blic f#nds( Sandi!anbayan has ,#risdiction over offenses co""itted by )residents, directors, tr#stees or "ana!ers of :7CCs( 5hat char!es to file, and who are to be char!ed are "atters addressed to the discretion of the 7"b#ds"an( Al*a(a s! Sandi(anbayan The character and o)erations of the /=6%4S.S are i"b#ed with )#blic interest th#s the sa"e is a !overn"ent entity and its f#nds are in the nat#re of )#blic f#nds( $si"ilar to the :S1S' PSPCA s! C"A :7CCs are s#b,ect to the control or s#)ervision of the State $#nli&e 6S6C/'( / ,#ridical entity i")ressed with )#blic interest does not "a&e the entity a )#blic cor)oration( The tr#e criterion to deter"ine whether a cor)oration is )#blic or )rivate is fo#nd in the totality of the relation of the cor)oration to the State( 1f it is created by the State as its own a!ency or instr#"entality to hel) in carryin! o#t its !overn"ental f#nctions, then that cor)oration is considered )#blic* otherwise, it is )rivate( Serana s! Sandi(anbayan / U6 St#dent 4e!ent is a )#blic officer( 1t is not a nat#ral ri!ht( 1t e ists, when it e ists at all only beca#se and by virt#e of so"e law e )ressly or i")liedly creatin! or conferrin! it( Co")ensation is not an essential ele"ent of )#blic office( 1t is "erely incidental to the )#blic office( Iele!ation of soverei!n f#nctions is essential in )#blic office( /n invest"ent on an individ#al of so"e )ortion of the soverei!n f#nctions of the !overn"ent, to be e ercised by hi" for the benefit of the )#blic "a&es one a )#blic officer( The ad"inistration of U6 is a soverei!n f#nction of the State( $/rt( J1K' ,e 'ure and ,e #acto %o ernment Co -im Cham s! &alde* Tan -eh
Finds of de facto !overn"ent2 1' !overn"ent that !ets )ossession and control of, or #s#r)s, by force or by the voice of the "a,ority, the ri!htf#l le!al !overn"ent and "aintains itself a!ainst the will of the latter $li&e 0n!land #nder the Co""onwealth'* 2' established and "aintained by "ilitary forces who invade and occ#)y a territory of the ene"y in the co#rse of war, and which is deno"inated a !overn"ent of )ara"o#nt force $li&e Castine in Daine and Ta")ico, De ico'* A' established as an inde)endent !overn"ent by the inhabitants of a co#ntry who rise in ins#rrection a!ainst the )arent State $li&e the So#thern Confederacy'( Iistin!#ishin! characteristics of the 2nd &ind of de facto !overn"ent2 1' its e istence is "aintained by active "ilitary )ower within the territories and a!ainst the ri!htf#l a#thority of an established and lawf#l !overn"ent* 2' while it e ists it "#st necessarily be obeyed in civil "atters by )rivate citi-ens who, by acts of obedience rendered in s#b"ission to s#ch force, do not beco"e res)onsible, as wron!doers, for those acts, tho#!h not warranted by the laws of the ri!htf#l !overn"ent( Letter o) Associate .ustice Puno 4evol#tion H the co")lete overthrow of the established !overn"ent in any co#ntry or state by those who were )revio#sly s#b,ect to it(* s#dden, radical and f#nda"ental chan!e in the !overn"ent or )olitical syste", #s#ally effected with violence or at least so"e acts of violence* occ#rs whenever the le!al order of a co""#nity is n#llified and re)laced by a new orderL away not )rescribed by the first order itself( The /9#ino !overn"ent was revol#tionary !overn"ent d#e to the fact that it was established in defiance of the e istin! le!al )rocesses( 1t was a reva") of the E#diciary and the Dilitary si!naled the )oint when the le!al syste" then in effect, had ceased to be obeyed by the =ili)ino( $Ie =acto :overn"ent'( People s! %o*o The 6hili))ines has a#thority over its entire do"ain( There is no )ortion of it that is beyond its )ower( 5ithin its li"its, its decrees are s#)re"e, its co""ands )ara"o#nt( 1ts laws !overn therein and a))ly to all( The e tent of its ,#risdiction is both territorial and )ersonal( / State "ay allow another to )artici)ate in the e ercise of ,#risdictional ri!ht over certain )ortions of its territory $a#to%li"itation' b#t these areas do not retain an alien character, b#t re"ain as native soil( Section 22 1nternational Law and 6hili))ine D#nici)al Law
Tanada s! An(ara The )rinci)les in /rt( 2 are not intended to be self%e ec#tin! )rinci)les ready for the enforce"ent of the co#rts( They are #sed by the ,#diciary as aids or as !#ides in the e ercise of its )ower of ,#dicial review( They do not e"body ,#dicially enforceable ri!hts b#t !#idelines for le!islation( / law sho#ld be )assed by Con!ress to clearly define and effect#ate s#ch )rinci)les( :/TT as international law needs to be ratified to be transfor"ed into "#nici)al law( Bayan s! /amora /s lon! as the K=/ )ossesses the ele"ents of an a!ree"ent #nder international law, the said a!ree"ent is to be ta&en e9#ally as a treaty, which is an international instr#"ent concl#ded between States in written for" and !overned by international law, whether e"bodied in a sin!le instr#"ent or in 2 or "ore related instr#"ents, and whatever it )artic#lar desi!nation( 1n international law, there is no difference between treaties and e ec#tive a!ree"ents in their bindin! effect #)on states concerned, as lon! as the ne!otiatin! f#nctionaries have re"ained within their )owers( 1n this, ,#risdiction, we have reco!ni-ed the bindin! effect of e ec#tive a!ree"ents even witho#t the conc#rrence of the Senate or Con!ress( Lim s! E0ec! Sec! / )arty to a treaty is not allowed to invo&e its internal law as ,#stification for its fail#re to )erfor" a treaty( / treaty is favored over "#nici)al law )#rs#ant to the )rinci)le of )acta s#nt servanda( 0very treaty in force is bindin! #)on the )arties to it and "#st be )erfor"ed by the" in !ood faith( The K=/ !ives le!iti"acy to the .ali&atan 0 ercises( +i.ares s! Ranada There is no obli!atory r#le derived fro" treaties or conventions that re9#ires the 6hili))ines to reco!ni-e forei!n ,#d!"ents, or allow a )roced#re for the enforce"ent thereof( Sha(ri1La s! ,e elopers Pharmaceutical s! ,u2ue III Under the 198> Constit#tion, international law can beco"e )art of the law of the land
either by transfor"ation or incor)oration( Transfor"ation re9#ires that the international law be transfor"ed into do"estic law thro#!h a constit#tional "echanis" s#ch as local le!islation( 1ncor)oration a))lies, when by "ere constit#tional declaration , international law is dee"ed to have force and effect of do"estic law( Treaties beco"e )art of the law of the land thro#!h transfor"ation, by conc#rrence of 2GA "a,ority vote of the "e"bers of Senate( Section 3: Ci ilian Supremacy IBP s! /amora 7rders which rese"ble the f#nctions of aid by the /=6 already )resent and e istent within the f#nctions of society s#ch as elections, national e a"s, relief and resc#e o)erations and )ro,ects of the 4ed Cross, are not violative of civilian s#)re"acy( Section 4: +aintenance o) Peace and "rder -ilosbayan s! +orato The )rinci)les in /rticle 2 do not e"body self%e ec#tin! constit#tional ri!hts, b#t "ere !#idelines for le!islation and aid for the ,#diciary( Section 15: #amily li)e6 mother6 unborn Roe s! 7ade 7n the basis of the ri!ht to )rivacy, abortion was le!ali-ed #) to the ? "onth of )re!nancy( The constit#tional )rovision bars any a))lication of the 4oe vs( wade decision in this ,#risdiction( +eyer s! Nebras8a 0d#cation sho#ld always be dili!ently )ro"oted as it has always been re!arded as a "atter of s#)re"e i")ortance( 1t is the nat#ral d#ty of the )arent to !ive his children ed#cation s#itable to his station in life( 4i!hts of )arents are s#)erior to the State(
th
Pierce s! Society o) Sister The f#nda"ental theory of liberty e cl#de any !eneral )ower to standardi-e its children by forcin! the" to acce)t instr#ction fro" )#blic school teachers only( 7isconsin s! 9oder 7nly those interests of the hi!hest order and those not otherwise served can over% balance the )ri"ary interest of )arents in the reli!io#s #)brin!in! of their children( 1nherent d#ty of the state to act as )arens )atriae $)arent of the ST/T0'( Schools "ay ta&e disci)linary action when2 1( 2( violations of school )olicies in connection with school s)onsored activities "iscond#ct affectin! st#dentMs stat#s or !ood na"e or re)#tation of the school(
%insbur( s! Ne: 9or8 The &nowled!e that )arental control cannot always be )rovided and societyMs transcendent interest in )rotectin! the welfare of the children ,#stify reasonable re!#lation of the sale of "aterial to the"( Section 1?2 4i!ht to a balanced and healthf#l ecolo!y "pposa s! #actoran 1nter!enerational ,#stice and res)onsibility2 Section 1? one of the few self%e ec#tin! )rinci)les in /rticle 2( LL,A s! CA 1t is a constit#tional co""on)lace that the ordinary re9#ire"ents of d#e )rocess yield to the necessities of )rotectin! vital )#blic interests li&e the )rotection of the safety,
health and !eneral welfare and co"fort of the )#blic, as well as the )rotection of )lant and ani"al life2 thro#!h the e ercise of )olice )ower( Section 192 Self%reliant and inde)endent national econo"y :arcia vs( .71 The State shall develo) self%reliant and inde)endent national econo"y effectively controlled by =ili)inos( The !overn"ent "#st r#n its affairs the way it dee"s best for the national interest, witho#t any e ternal infl#ence or control( Tanada s! An(ara 1nde)endence refers to freedo" fro" #nd#e forei!n control of the national econo"y es)ecially in s#ch strate!ic ind#stries as in the develo)"ent of nat#ral reso#rces and )#blic #tilities( 1t does not )rohibit co")etition, so lon! as it is fair and reasonable( So"e a"o#nt of co")etition wo#ld be beneficial for the cons#"ers, as well as )rod#cers( Section 5;: E2ual access to political opportunities and political dynasties Pamaton( s! Comelec There is no constit#tional ri!ht to r#n for or hold )#blic office and, )artic#larly, to see& the )residency( 5hat is reco!ni-ed is "erely a )rivile!e s#b,ect to li"itations i")osed by the law( 09#ality is not sacrificed so lon! as the b#rdens en!endered by the li"itations are "eant to be borne be any one who is "inded to file a certificate of candidacy( Article &I Po:ers o) Con(ress: )lenary2 article JK1 a#thori-es Con!ress to )ass law to chan!e na"e of co#ntry, national anthe" or national fla!* s#b,ect to ratification by the )eo)le( &ALI, ,ELE%ATI"N Le!islativeG Law "a&in! Le!islative N%O 0 ec#tive
Law
N%O
1")le"entin! 4#les and 4e!#lations
Law%"a&in! N%O 4#le%"a&in! 6rinci)le of non%dele!ability of Le!islative 6ower 6eo)le v( 4osenthal H .l#e S&y Law The e ec#tive has the )ower of s#bordinate le!islation, insofar as it inter)rets the laws were it is based, and not !oin! beyond and enactin! laws( Doreover, this enhances convenience and )ro"otes s)eciali-ation thro#!h the ad"inistrative bodies( S#bstantive shares% #nder ins#lar treas#rer Not #nd#e dele!ation2 standard of P)#blic interestQ Iele!ation to be "ade2 s#fficient standard to define r#les and re!#lations LawMs constit#tional basis2 1( 6#blic )#r)ose 2( 4easonableness of "eans Araneta s! %atmaitan < E" 556 ;; and == The le!islat#re has the discretion to what the law sho#ld be while the e ec#tive has the a#thority or discretion to the e ec#tion of s#ch laws, )rovided that the e ec#tion be e ercised #nder and in )#rs#ance of the law( /ny fishin! net or fishin! device H 6rotect fish fry and fish e!!s $#nder fisheries law' =ish trawl H destroys fish fry and fish e!!s and co"es #nder P/ny fishin! net or fishin! deviceQ People s! +aceren The law"a&in! body cannot dele!ate to an e ec#tive official the )ower to declare what acts sho#ld constit#te a cri"inal offense( 1t can only a#thori-e the iss#ance of re!#lations and the i")osition of the )enalty )rovided for in the law itself( /n
ad"inistrative a!ency cannot a"end an act of Con!ress( Pobno io#s and )oisono#s s#bstanceQ H #nder fisheries law )rohibited =isheries /d"inistrative 83 H 6rohibits electro fishin! $created by sec( of /!ric#lt#re and Nat#ral reso#rces, and Co""issioner of =isheries' 6enali-es so"ethin! that is not incl#ded in the law that created it $fisheries law' Test of co")leteness and S#fficient standard test /d( 83 !oes beyond the fisheries law2 added the cri"inali-ation of electro fishin!
Standard H P6#blic SafetyQ Kienna Convention for 4oad Si!ns and Si!nals #ree Telephone 7or8ers s! +in! o) labor 5hat cannot be dele!ated is the a#thority #nder the Constit#tion to "a&e laws and to alter and re)eal the"* the test is the co")leteness of the stat#te in all its ter" and )rovisions when it leaves the hands of the le!islat#re(Q SC f#rthered that there lies a distinction between the $1' dele!ation of )ower to "a&e the laws that necessarily involves a discretion as to what it shall be $law%"a&in! )owers of the Con!ress' and $2' dele!ation of a#thority as to its e ec#tion to be e ercised #nder and in )#rs#ance of the law $law%e ec#tion )owers of ad"inistrative bodies'( This )rinci)le of non% dele!ation is in res)onse to Pthe co")le ities of "odern !overn"ents !ivin! rise to the ado)tion, within certain li"its, of the )rinci)le of Rs#bordinate le!islation( Din of Labor H resolve labor dis)#tes %O co")#lsory arbitration of NL4C Eastern Shippin( s! P"EA 5ith the )roliferation of s)eciali-ed activities and their attendant of )ec#liar )roble"s, the national le!islat#re has fo#nd it "ore necessary to entr#st to ad"inistrative a!encies the a#thority to iss#e r#les to carry o#t the !eneral )rovisions of the stat#te( This is called the )ower of s#bordinate le!islation( De"orand#" Circ#lar No( 2 H i")le"entation Standard2 fair and e9#itable e")loy"ent )ractice No contract bet e")loyer and e")loyee H 670/ to )rotect the e")loyee Tablarin s! %utierre* 5ith the !rowin! co")le ities of "odern life, the "#lti)lication of the s#b,ects of !overn"ental re!#lation, and the increased diffic#lty of ad"inisterin! the laws, there is a constantly !rowin! tendency toward the dele!ation of !reater )ower by the
A(ustin s! Edu To avoid the taint of #nlawf#l dele!ation, there "#st be a standard, which i")lies at the very least that the le!islative itself deter"ines "atters of )rinci)le and lays down f#nda"ental )olicy( 7therwise, the char!e of co")lete abdication "ay be heard to re)el( / standard th#s defines le!islative )olicy, "ar&s its li"its, "a)s o#t its bo#ndaries and s)ecifies the )#blic a!ency to a))ly it( 1t indicates the circ#"stances #nder which the le!islative co""and is to be effected( 1t is the criterion by which le!islative )#r)ose "ay be carried o#t( Thereafter, the e ec#tive or ad"inistrative office desi!nated "ay in )#rs#ance of the above !#idelines )ro"#l!ate s#))le"ental r#les and re!#lations( The standard "ay be either e )ress or i")lied( 1f the for"er, the non%dele!ation ob,ection is easily "et( The standard tho#!h does not have to be s)elled o#t s)ecifically( 1t co#ld be i")lied fro" the )olicy and )#r)ose of the act considered as a whole( 1n the 4eflector Law, clearly the le!islative ob,ective is )#blic safety( 05I H L71 229 and 3>9 De"orand#" Circ#lar No( A2
le!islat#re, and toward the a))roval of the )ractice by the co#rts( /s re!ards the iss#e of failin! to establish the necessary standards, the co#rt believes that standards have indeed been set, as can be fo#nd in Section 1 of the 19B9 Dedical /ct2 Pthe standardi-ation and re!#lation of "edical ed#cation( 4/ 2A82 created the .oard of Dedical 0d#cation Standard2 standardi-ation and re!#lation of the Dedical ed#cation2 )ower to deter"ine and )rescribe re9#ire"ents for the ad"ission into Ded schools 7rder B22 creation of ND/T for standardi-ation %uin(ona ! Cara(ue Iele!ation of Le!islative 6owers2 The le!islat#re does not abdicate its f#nction when it describes what ,ob "#st be done, who is to do it, and what is the sco)e of his a#thority( The )ower to "a&e laws and to alter and re)eal the" C/NN7T be dele!ated( Co")leteness of Law2 The law "#st be co")lete in all its essential ter"s and conditions when it leaves the le!islat#re so that there will be nothin! left for the dele!ate to do when it reaches hi" e ce)t to e ec#te and enforce it( .#d!et /))ro)riation H boo&s of treas#ry deter"ine the a))ro)riation for debt Total a"o#nt of debt alon! with interests and other fees H standard to be #sed Con)erence s! P"EA 670/ 4esol#tion to increase sea"en co")ensation and benefits "smena s! "rbos =or a valid dele!ation of )ower, it is essential that the law dele!atin! the )ower "#st be $1' Co")lete in itself, that it "#st set forth the )olicy to be e ec#ted by the dele!ate and $2' 1t "#st fi a standardSli"its of which are s#fficiently deter"inate or deter"inableSto which the dele!ate "#st confor"( The standard of le!islative dele!ation "#st be e )ress or i")lied( 1f the for"er, the
non%dele!ation ob,ection is easily "et( The standard tho#!h does not have to be s)elled o#t s)ecifically( 1t co#ld be i")lied fro" the )olicy and )#r)ose of the act considered as a whole( 5hat the law intended was to )er"it the additional i")osts for as lon! as there e ists a need to )rotect the !eneral )#blic and the )etrole#" ind#stry fro" the adverse conse9#ences of )#") rate fl#ct#ations( 76S= H Created by Darcos H rei"b#rse oil co")anies of the chan!es in the )rice to stabili-e )rices for cons#"ers 7il 6rod#cers %O Dar&et forces chan!e )rices %O i")orted to 6hili))ines &iola s! Alunan Local :overn"ent Code H )rovides National Li!a a#thority to create )ositions, as it "ay dee" necessary( #ernande* ! Sto Tomas /#thority to reor!ani-e civil service co""ission Standard2 decentrali-ation for efficiency and res)onsiveness in the "ana!e"ent of the a!encies Not create and abolish b#t to reor!ani-e2 revised ad"inistrative code Chion(bian ! "rbos 4/ ?>A3 /4DD )lebiscite2 3 )rovinces for creation of a#tono"o#s re!ion 6resident !iven )ower to "er!e the re"ainin! re!ions2 s#fficient standard2 efficient ad"inistration i")lied in another law Rodri(o s! Sandi(anbayan I.D !iven a#thority to fill in the details of the salary !rade, classification Not #nd#e dele!ation2 standards !iven Aba8ada ! Ermita
Kat 1@C to 12C, followin! certain criteria 6resident, thro#!h the Secretary of =inance, !iven criteria to ascertain facts of the sit#ation in relation to the i")le"entation of the increase( The case is not a dele!ation of le!islative )ower b#t a Pdele!ation of ascertain"ent of factsQ #)on which the enforce"ent and ad"inistration of the increase rate #nder the law is contin!ent( The le!islat#re has "ade the 12C rate contin!ent #)on a s)ecified fact or condition, which is o#tside of the control of the e ec#tive( Th#s, there is no discretion that is e ercised by the 6resident( The co#rt cited 5ay"an vs( So#thward2 PThe )ower to ascertain facts is s#ch a )ower which "ay be dele!ated( There is nothin! essentially le!islative in ascertainin! the e istence of facts or conditions as the basis of the ta&in! into effect of lawQ The !ro#nd for this that le!islat#re has deter"ined that #nder !iven circ#"stances, certain e ec#tive or ad"inistrative action is to be ta&en and that #nder other circ#"stances, different or no action at all is to be ta&en( 5hat is left to the ad"inistration is not le!islative deter"ination of what )#blic )olicy de"ands b#t si")ly an ascertain"ent of what the facts of the case re9#ire to be done accordin! to the ter"s of the law by which he is !overned( Beltran ! Sec! o) >ealth 4/ >>19 Kol#ntary .lood Ionation and re!#late blood ban&s 6#blic <ealth s#fficient !#ideline( There is a valid e ercise of )olice )ower if $a' )#blic interest re9#ires state interference, and $b' the "eans e")loyed are necessary to the attain"ent of s#ch ob,ectives( in this re!ard the interests of the ownersGo)erators of the C..s "#st !ive way to the hi!her interest of the )eo)le( Bayan ! Ermita .6 No( 88@ )er"its for rallies2 iss#ed by the Dayor, clear and )resent dan!er standard for iss#ance The dele!ation to the "ayors of the )ower to iss#e rally )er"its is valid beca#se it is s#b,ect to the constit#tionally%so#nd Pclear and )resent dan!erQ standard(
%erochi s! ,"E Constit#tionality of 0614/ and Universal Char!e Und#e Iele!ation H 6ower of ta 2 UC not a ta b#t e ercise of 6olice )ower Co")lete2 a"o#nt of #niversal char!e is based on !#idelines )rovided in 0614/ S#fficient Standard2 total electrification, viability of )ower ind#stry, electricity "ade affordable ABA-A,A s! Purisima .14 and .7C2 syste" of rewards and sanctions 4even#e tar!ets !iven by I.CC* e")loyees covered by the civil service co""ission and contracts of the e")loyees $N,$E ,ELE%ATI"N People s! &era 6robation /ct H will only be a))lied to )rovinces which )rovide salaries for )robation officers Not co")lete in itself H wGn havin! )robation officers #nder discretion of the )rovincial board Not s#fficient standard H arbitrary standard !iven People s! Barrias The )enalty "#st not be left to the ad"inistrative a!ency, b#t "#st be )rovided by stat#te( People s! Panlilio
/ct No( 1>?@ H not cri"inali-in! act Day be char!ed #nder other law2 6enal Code People s! ,acuycuy Law i")oses fine, b#t no ter"s of i")rison"ent H Dini"#", "edi#" and "a i"#" sentence de)endin! on the circ#"stances of the cri"e $"iti!atin!, etc(' E#d!e !iven le!al discretion % circ#"stances in the cri"e T )enalty to be i")osed /ct 29? H less than A@@@(@@ )h) Cebu "0y(en s! ,rilon 4/ ?3>@ H increasin! "ini"#" wa!e T i")le"entin! r#les Unot vs( 1nter"ediate /))ellate Co#rt 07 ?2? H /2 )rohibition on inter%)rovince trans)ort of carabao and cara%beef( Pas "ay dee" necessaryQ H !ives le!islative )ower to officers2 arbitrary 1")le"entin! r#les cannot add or detract fro" the )rovisions of law it desi!ned to i")le"ent( Pharmaceutical and >ealth Care Assoc! s! ,u2ue III 07 No( B1 $Dil& Code' H le!islative )ower #nder freedo" consti2 6res( /9#ino 5<7 H )ro"ote the #se of breast"il&* Dil& Code H )ro"ote the #se of breast"il&* I7< H 1nternational law H Soft Law and hard Law2 5<7 H soft law, re!#lation2 has to be enacted into local re!#lation before it beco"es bindin! There was a defect H 4144 invalidated2 )rovided a ban on advertise"ent on "il& s#bstit#tes, b#t the law, does not )rovide for a total ban, only the international law was followed
1nternational soft law "#st first be enacted into a local re!#lation before it can be followed by any a!ency Dil& Code )rovides the local enact"ent of the soft law and it is what sho#ld have been followed ABA-A,A s! Purisima .14 and .7C Syste" of rewards H 4/ 9AAB, section 122 creation of the Eoint Con!ressional 7versi!ht Co""ittee for a))roval of 144 of the 4/( 0ncroah"ent of the le!islative into the real" of ,#diciary2 decision is ,#diciary in nat#re as it involves the inter)retation and a))lication of the 4/ #nto the 144( Tatad s! Sec o) ,"E 4/ 818@ PIere!#latin! the Iownstrea" 7il 1nd#stry 2 )hases2 trasition =#ll dere!#lation2 i")le"entation sho#ld be based on two criteria2 1( 2( !lobal oil )rices decline US%6eso e chan!e rate stable
07 A>2 H i")le"ented f#ll dere!#lation addin! additional criteria2 de)letion of 76S=2 void2 e ec#tive "isa))lication( Con!ress has to rely "ore on the )ractice of dele!atin! the e ec#tion of laws to the e ec#tive and other ad"inistrative a!encies, as society beco"es "ore co")le ( /ccordin! to ,#ris)r#dence, there are two tests to deter"ine, whether it is a valid dele!ation H 1' the co")leteness test, and, 2' the s#fficient standard test( Con!ress2 Senate and <o#se of 4e)resentatives <o42 2 ways to r#n2 $A year ter", A consec#tive ter"s' T 2B@ "e"bers #nless otherwise )rovided by law 1( Iistrict re)resentative H nat#ral%born, at least 2B years old, read and write, re!istered voter of the district, resident of sa"e district at least one
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year )recedin! the day of the election 2( 6arty%list re)resentative >( 8(
section 9 4/ >931 No"inee "#st belon! to the "ar!inali-ed and #nderre)resented sector No"inee "#st be able to contrib#te to the for"#lation of le!islation
Senate2 ter" of ? years, re%election for 2 consec#tive ter"s only 0lection2 ? years for first 12, A years for latter 12 T 23 "e"bers Section B2 Co")osition of the <o4 T 8@C district re)resentatives V 2@C )arty%list re)resentatives Baran(ay s! C"+ELEC Standards for a))ortionin! seats for 6arty%list 4e)resentatives 2@C co")osition 2 "erely a ceilin!, not "andatory to fill in all seats2 "erely reserved for 6L4 An( Ba(on( Bayani s! C"+ELEC Characteristics of a )arty%list2 $!#ideline for C7D0L0C' 1( 2( "#st re)resent the "ar!inali-ed and #nderre)resented !ro#)s "#st co")ly with declared stat#tory )olicy of enablin! =ili)inos belon!in! to "ar!inali-ed and #nderre)resented sectors be elected in the <o4( D#st not re)resent a reli!io#s sect D#st not be dis9#alified #nder section ? of 4/ >931 6arty or or! "#st not be an ad,#nct of or a )ro,ect or!ani-ed by the !overn"ent 6arty "#st co")ly with re9#ire"ents, as well as its no"inees #nder
A-LAT s! C"+ELEC /FL/T re%dis9#alified2 did not "eet 9#alifications "entioned in the ba!on! bayani case Tobias s! Abalos 4/ >?>B2 Dandal#yon! into an #rbani-ed city2 create own le!islative district and a new le!islative district of San E#an2 rea))ortion"ent :erry"anderin! H creation of a new le!islative district to increase )ossible n#"ber of voters for elections, contrary to the !#ideline of Pconti!#o#s, co")act and ad,acent territory( Consti H one )rovince at least on re)resentative Not !erry"anderin! H re) who iss#ed 4/ will act#ally be "ade to lose )art of his district2 conti!#o#s, co")act and ad,acent territory +ariano s! C"+ELEC 4/ >8B32 D#nici)ality of Da&ati into a hi!hly #rbani-ed city Kalid2 rea))ortion"ent thr# s)ecial law2 d#ty of con!ress to rea))ortion Criteria2 )o)#lation $2B@,@@@' and, inco"e or area Samson s! A(uirre 4/ 8B8A2 Novaliches as a city2 certification as to inco"e, )o)#lation and area not
A( 3( B( ?(
fatal2 state"ents of NS7, .#rea# of Local :overn"ent =inance, and Land +onte.o s! C"+ELEC C7D0LC res( No 2>A?2 chan!e le!islative district of Ca)oocan and 6alo")on2 C7D0L0C only to "a&e "inor ad,#st"ents Le!islative district can only be a))ortioned by Ple!islativeQ i(e( con!ress >errera s! C"+ELEC 6rovince of :#i"aras H "ade into 3th class )rovince Iistrictin! based on n#"ber of inhabitants2 not rea))ortion"ent2 can be #nderta&en by C7D0L0C $districtin!' Sema s! C"+ELEC 4L/ H 4/ 9@B32 )ower to create )rovince, cities, etc( Creation of the )rovince of Shariff Fab#nsan2 the )ower to create )rovinces inherently involves the )ower to create le!islative districts( <owever, #nder the )resent Constit#tion, the )ower to increase the allowable "e"bershi) in the <o#se of 4e)resentatives, as well as the )ower to rea))ortion le!islative districts, is vested e cl#sively in Con!ress $by virt#e of Sections B, $1', $A' and $3' of /rticle ?'( This te t#al co""it"ent to Con!ress of the e cl#sive )ower to create or rea))ortion le!islative districts is lo!ical( Con!ress is a national le!islat#re and any increase in its allowable "e"bershi) or in its inc#"bent "e"bershi) thro#!h the creation of le!islative districts "#st be e"bodied in a national law( 1t wo#ld be ano"alo#s for re!ional or local le!islative bodies to create or rea))ortion le!islative districts for a national le!islat#re li&e Con!ress( /n inferior le!islative body, created by a s#)erior le!islative body, cannot chan!e the "e"bershi) of the s#)erior le!islative body( Ba(abuyo s! C"+ELEC Le!islative a))ortion"ent H re)resentation in the <o4 4ea))ortion"ent is bro#!ht abo#t by chan!es in )o)#lation and "andated by the constit#tional re9#ire"ent of e9#al re)resentation( <ence, e")hasis is !iven to the n#"ber of )eo)le re)resented* the #nifor" and )ro!ressive ratio to be observed
a"on! the re)resentative districts* and accessibility and co""onality of interests in ter"s of each district bein!, as far as )racticable, contin#o#s, co")act and ad,acent territory( 1n ter"s of the )eo)le re)resented, every city with at least 2B@,@@@ )eo)le and every )rovince $irres)ective of )o)#lation' is entitled to one re)resentative( Section ; Ben(son s! C"+ELEC 4e)atriation H oath of alle!iance, which reinstates )revio#s stat#s as a =ili)ino2 nat#ral%born in Tarlac A2uino s! C"+ELEC Io"icile H )hysical residence, and intention to ret#rn there )er"anently( Less than one year residency )rior to date of elections* lease of a ho#se not )er"anent2 dis9#alified( The )lace where a )arty act#ally or constr#ctively has his )er"anent ho"e, where he, no "atter where he "ay be fo#nd at any !iven ti"e, event#ally intends to ret#rn and re"ain, i(e(, his do"icile is that to which the Constit#tion refers when it s)ea&s of residence for the )#r)oses of election law( +arcos s! C"+ELEC Criteria for the abandon"ent of do"icile2 act#al re"oval or chan!e in do"icile bona fide intention of abandonin! and establishin! new one acts which corres)ond to the )#r)ose absence of which wo#ld contin#e the do"icile of ori!in ,omino s! C"+ELEC Lease of ho#se H not indicative of intent of )er"anence Pere* s! C"+ELEC
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Io"icile% the )lace where a )arty act#ally of constr#ctively has his )er"anent ho"e, where he, no "atter where he "ay be fo#nd at any !iven ti"e, event#ally intends to ret#rn and re"ain The fact that a )erson re!istered as a voter in one district is not )roof of his do"icile in the said district( 6etitioner H ran for !overnor of the )rovince )revio#sly S'S s! C"+ELEC C7D0L0C resol#tion H additional 9#alification of a candidate for senate2 #nconstit#tional as it violates the e )licit 9#alifications in the consti Section ?: term o) representati es ,imaporo s! +itra6 'r! .6 .l!( 881 H forfeit#re or vol#ntary !ivin! #) of oneMs ten#re, d#e to the act of filin! of certificate of candidacy( Ter" H le!ally "andated Ten#re H act#al ti"e =orfeit#re, e )#lsion, vol#ntary ren#nciation Section @: #illin(1in &acancies Lucero s! C"+ELEC =ail#re of elections T s)ecial elections Tolentino s! C"+ELEC Kacancy in senate2 4/ >1??2 P)er"anent vacancy at least one year before e )iration
of the ter", shall call and hold a s)ecial elections, b#t in case of vacancy in senate, s)ecial election will be held si"#ltaneo#sly with the ne t re!#lar elections(Q S)ecial elections can coincide with re!#lar elections "campo s! >RET 2nd )lacer cannot ta&e the )lace of a dis9#alified first )lacer Salaries The salaries of "e"bers of the Senate is !overned by /rticle K1 of the Constit#tion as follows2 Sec( 1@( The salaries of Senators and De"bers of the <o#se of 4e)resentatives shall be deter"ined by law( No increase in said co")ensation shall ta&e effect #ntil after the e )iration of the f#ll ter" of all the "e"bers of the Senate and the <o#se of 4e)resentatives a))rovin! s#ch increase( Sec( 2@( The records and boo&s of acco#nts of Con!ress shall be )reserved and be o)en to the )#blic in accordance with law, and s#ch boo&s shall be a#dited by the Co""ission on /#dit which shall )#blish ann#ally an ite"i-ed list of a"o#nts )aid to and e )enses inc#rred for each De"ber( 1t "#st be noted that in accordance with the above )rovisions, there is no )rohibition a!ainst the recei)t of allowances by the "e"bers of Con!ress( The second section, on the other hand, see&s to avoid the rec#rrence of the ab#ses co""itted by the "e"bers of the 7ld Con!ress in allottin! the"selves fab#lo#s allowances the a"o#nt of which they ref#sed to div#l!e to the )eo)le( 1t is now )rovided #nder the Constit#tion that the boo&s of acco#nts of Con!ress shall be o)en to )#blic ins)ection and "#st be a#dited by the Co""ission on /#dit( Doreover, every "e"ber of Con!ressM ite"i-ed e )endit#res, incl#din! allowances, shall be )#blished ann#ally for the infor"ation of the )eo)le( 1t is interestin! to note that the Constit#tion in Section 1>, /rticle JK111, )rovides the
corres)ondin! salaries of Senators, to wit2 Until the Con!ress )rovides otherwise, the 6resident shall receive an ann#al salary of three h#ndred tho#sand )esos* the Kice%6resident, the 6resident of the Senate, the S)ea&er of the <o#se of 4e)resentatives, and the Chief E#stice of the S#)re"e Co#rt, two h#ndred forty tho#sand )esos each* the Senators, the "e"bers of the <o#se of 4e)resentatives, the /ssociate E#stices of the S#)re"e Co#rt, and the Chair"en of the Constit#tional Co""issions, two h#ndred fo#r tho#sand )esos each* and the De"bers of the Constit#tional Co""issions, one h#ndred ei!hty tho#sand )esos each( <owever, #nder Eoint 4esol#tion No( 1, the salaries of the "e"bers of the Senate is increased to salary !rade AA with "onthly e9#ivalent rate of 6AB,@@@(@@( The Senate 6resident, on the other hand, is raised to salary !rade A3 with a "onthly basic salary of 63@,@@@(@@( Section 11: Immunity o) arrest P)#nishable by "ore than si years i")rison"entQ* while con!ress is in session H 3 Donday of ,#ly $S7N/' and ends A@ days before the ne t session $co")#lsory recess', with s"all recesses in between( People s! 'alos.os Conviction of "ore than ? years i")rison"ent H i""#nity not a))licable 0lected by constit#ents even tho#!h he was already convicted( Trillanes s! Pimentel No )erson char!ed by ca)ital offense or offense )#nishable by recl#sion )er)et#a shall be ad"itted to bail when evidence of !#ilt is stron!( Ca)acity to carry o#t his d#ties while in )rison( 'imene* s! Caban(ban( Libelo#s letter2 not in the e ercise of his d#ties Tho#!h, it was not libelo#s a!ainst the )etitioners, only alle!es that they were
th
#nwittin! tools, not that they were the )lanners the"selves( 6art of co""#nicative and deliverative )rocess Puyat s! ,e %u*man 161 elections T )#yat !ro#) vs( acero !ro#) T S0C case =ernande- intervention H circ#"stances show that there is indirect a))earance as co#nsel before ad"inistrative body Santia(o s! %uin(ona Dinority vs( "a,ority T "#st be #nderstood in ordinary ter"s A elino s Cuenco /d,o#rn"ent %O )rocla"ation of new senate )resident and session contin#ed with only 12 "e"bers )resent W#or#" H "a,ority of Pthe ho#seQ instead of "a,ority of Pall the "e"bers of the ho#seQ 12 "e"bers o#t of 2A is "a,ority of Pthe ho#seQ T based on the n#"ber of those )resent People s! .alos.os Co")#lsion to attend2 ,alos,os sayin! that he co#ld be )ers#aded for bein! #nable to attend session2 not reason for release /bsence is for a valid reason2 bein! detained Arroyo s! ,e &enecia 4/ 823@ )assed in con!ress not in accordance with ho#se r#les2 arroyo still had 9#estions re!ardin! the bill b#t it was still )assed2 no callin! of the yeas and nays( 1nternal r#les violated H not in co#rt ,#risdiction H only the ho#se can deter"ine its r#les and )#nish its "e"bers
1 5
"smena s! Pendatun 6rivile!e s)eech acc#sin! 6res( :arcia of bribery %O ho#se co"itte to investi!ate %O <o#se resol#tion X 1>B declarin! hi" !#ilty of disorderly behavior and s#s)ension for 1B "onths /ltho#!h e e")t fro" )rosec#tion or civil action for words #ttered in con!ress, "e"bers "ay be 9#estioned in C7N:40SS 1TS0L=( Iisorderly behavior H the ho#se has e cl#sive )ower and the co#rt has none( Santia(o s! Sandi(anbayan Santia!o char!ed with !raft and corr#)tion for allowin! aliens to stay in 6hils( S#s)ended by sandi!anbayan H )endin! cri"inal case2 not )#nish"ent for disorderly behavior, b#t )reli"inary )reventive "eas#re for !raft and corr#)t act( $S s! Pons 6ons char!ed #nder /ct 2A81 H anti%o)i#" i")ortation /ct 2A81 H said to have been )assed after last day of session2 accordin! to the ,o#rnals, cloc& was sto))ed at 12 "idni!ht2 law )assed valid T ,o#rnal )revails over e traneo#s evidence Casco s %imene* Urea and for"aldehyde vs #rea for"aldehyde $as written in the law )assed' 5ordin! of the law H #rea for"aldehyde2 error in the )rintin! .etween the ,o#rnals and the enrolled bill2 enrolled bill )revails +orrales s! Subido
0nrolled bill over ,o#rnal Astor(a s! &ille(as I#e to the circ#"stances in the case, the co#rt loo&ed into the Senate ,o#rnals( T a"end"ents "ade b#t not incl#ded in the bill si!ned by the )resident Senate )resident and Chief 0 ec#tive2 had already withdrawn their si!nat#res2 invalidates the law Phil! 'ud(es s! Prado =ran&in! )rivile!es of ,#diciary 0nrolled bill clear, no need to loo& into ,o#rnals .#t law "#st be str#c& down as it violates the e9#al )rotection of the law, in re!ards to the re"oval of fran&in! )rivile!es of the ,#diciary ABA-A,A s! Ermita 0nrolled bill to be followed as it was the one a))roved by both ho#ses and by the )resident( SECTI"N 1?: Senate and >ouse Representati es Electoral Tribunal 0lection Contest % stat#tory contests in which the contestant see&s not only to o#st the intr#der, b#t also to have hi"self ind#cted into the office( 6re%)rocla"ation contests % any 9#estion )ertainin! to or affectin! the )roceedin!s of the board of canvassers in relation to the )re)aration, trans"ission, recei)t, c#stody and a))reciation of the election ret#rns( An(ara s! Electoral Commission
6rescri)tion !iven by 0lectoral co""ission H has sole ,#risdiction over election ret#rns and 9#alifications of its "e"bers &era s! A elino Iefer"ent of oath%ta&in! H not election contest 7ath%ta&in!% "a&es one a "e"bers of the le!islat#re2 #nder ,#risdiction of the 0lectoral trib#nal Cha e* s! C"+ELEC 6re%)rocla"ation cases not allowed for )resident, v), senators and "e"bers of <o4 A2uino s C"+ELEC 0lectoral trib#nal does not ass#"e ,#risdiction #ntil the winnin! candidate has been )roclai"ed and has ta&en his oath of office 2nd )lacer H cannot ta&e the )lace of the winnin! candidate Pere* s! C"+ELEC C7D0L0C no lon!er has ,#risdiction as )ere- was already )roclai"ed( %arcia s >RET <40T acted accordin! to its own r#les, no !rave ab#se of discretion res#ltin! in lac&Ge cess of ,#risdiction( Rasul s! C"+ELEC <40T H e cl#sivity in ,#risdiction over election contests relatin! to its own "e"bers( %uerrero s! C"+ELEC &illarosa s! >RET 1nitials not to be #sed, only one nic&na"e )er candidate2 not &nown as :irlie2 ETK initials of her h#sband
A((abao s C"+ELEC Barbers s! C"+ELEC Roces s! >RET 0lectoral trib#nals2 A ,#stices a))ointed by Chief E#stice, ? fro" "e"bers of Senate or the <o4 Abbas s SET 0lectoral trib#nal "#st always be co")osed of le!islative "e"bers2 for every 2 le!islators only one ,#stice( Pimentel s! >RET 6arty%list re)s in <o4 did not elect a "e"ber to the <40T Bondoc s! Pineda <40T "#st be non%)artisan2 "#st not alter co")osition of the <40T( Robles s! >RET Dotion to withdraw does not end trib#nalMs ,#risdiction Arroyo s! >RET N7N%T4/I1T17N/L 647C0SS 7= 640C1NCT%L0K0L I7CUD0NT%./S0I 0K1I0NC0 H the )rocess of )roc#rin! election doc#"ents #sed not only d#rin! the act#al ballotin! sta!e of the election b#t "#ch earlier, as early as the ti"e of the re!istration of voters( $not the best for" of evidence' Lerias s! >RET 7ri!inal co)y of the certificates of canvass sho#ld be the best evidence Sando al s! >RET S#bstit#te service H e ha#st all "eans of locatin! reci)ient,
1 7
Section 1=: Commission on Appointment ,a*a s! Sin(son Shift in re)resentation of LI6 )arty T rea))ortion"ent of the Co""ission on /))oint"ent D#st be based on )ro)ortional re)resentation, )olitical )arty "#st be )er"anent Coseten( s! +itra 2 seats H )er a))oint"ent into co""ission %uin(ona s! %on*ales Cannot red#ce the n#"ber of seats of a )arty in favor of another( 12 "e"ber Co""ission H not "andatory, what is "andatory is the )ro)ortional re)resentation Section 21 le!islative investi!ations Ne!ros vs( san!#nian! 6anl#n!sod 6ower of in9#iry H for the le!islative only, not dele!ated .en!-on vs( Senate .l#e 4ibbon Co""ittee 6ower of in9#iry to be e ercised only for le!islative )#r)oses Senate vs( 0r"ita W#estion ho#r vs( )ower of in9#iry :#dani vs( Sen!a
Co""ander%in%chief )owers H "ay li"it )ower of in9#iry of con!ress Standard vs( Senate Co")el to attend H in aid of le!islation Neri vs( Senate 0 ec#tive )rivile!e2 2 &inds2 )residential co""#nications $between )resident and e ec#tive official' and deliberative )rocess $between e ec#tive officials only' %arci s >ouse Senate in9#iry "#st be deferred #ntil )#blication of the Senate r#les has been co")lied with( Section 55: ABuestion >ourC Kol#ntary with consent of the 6resident, or #)on the re9#est of the ho#se =or oversi!ht f#nctions
Arnault s Na*areno The "ateriality of the 9#estion "#st be deter"ined by its direct relation to the s#b,ect of the in9#iry and not by its inherent relation to any )ossible or )ro)osed le!islation( $/nswer "i!ht be the basis if the s#b,ect is to be "ade the s#b,ect of le!islation(' Senate contin#in! H )ower of investi!ation ter"inates at the end of session* "ay be ta&en #) a!ain at the ne t session( Sabio s! %ordon Senate s Ermita W#estion ho#r vs( Pin aid of le!islationQ2 can only be li"ited by 640S1I0NT1/L
co""#nication )rivile!e 0 ec#tive2 with )residential consent vs( anyone 4e"edy2 Sec 212 habeas cor)#s )etition vs( sec 222 9#estions to be s#b"itted beforehand and e ec#tive session Section 2A2 con!ress sole )ower to declare the e istence of a state of war, b#t "ay by law a#thori-e )resident for a li"ited ti"e, to e ercise )owers necessary and to carry o#t a declared national )olicy( Lawless violence, invasion or rebellion H either s#s)end writ of habeas cor)#s or declare "artial law( 1n line with Iavid vs( /rroyo H !r( no( 1>1A9? $re .6 1@>@' Section 5D: ori(in o) money bills6 pri ate bills and local application /))ro)riations H s)ecific s#" of "oney a))ro)riated for de)art"ents for the )erfor"ance of their f#nctions 4even#e bills H raisin! ta es Tariff bills H raises reven#e fro" i")ortation and e )ortation of !oods .ills a#thori-in! increase of )#blic debt .ills of local a))lication H in relation to )rovinces, cities and "#nici)alities, e ( Chan!e "#nici)ality into a city 6rivate bills H e ( 4eac9#isition of citi-enshi) Tolentino s! Sec o) #inance 1t is the bill that has to ori!inate fro" the <o4, not the law itself( <o4 and Senate e9#al T has )ower to )ro)ose a"end"ent, even thro#!h s#bstit#tion( PLori!inate e cl#sively fro" the <o4, b#t Senate "ay )ro)ose and conc#r with a"end"ents(Q
Al are* s %uin(ona The filin! in the Senate of a s#bstit#te bill in antici)ation of its recei)t of the .ill of the <o#se, does not contravene the constit#tional re9#ire"ent that a bill of local a))lication sho#ld ori!inate fro" the <o#se of 4e)resentatives, for as lon! as the Senate does not act there#)on #ntil it receives the <o#se .ill( 6resentations on $A area% A !ro#)s' Constit#tional co""issions on C7D0L0C2 Civil Service and C7/ Southern Cross s Philcemcor .ill is a tariff bill for a )artic#lar )#r)ose Pascual s Sec! o) Public 7or8s 1ncidental advanta!e to the )#blic or to the state, which res#lts fro" the )ro"otion of )rivate interest and the )ros)erity of )rivate enter)rises or b#siness, does not ,#stify their aid by the #se )#blic "oney( Section 54 Rules on Appropriation Brillantes s C"+ELEC 0lectronic 9#ic& co#nt $6hase 111' not incl#ded in the :// /))ro)riation in the :// H for "oderni-ation of 0lection syste"* not for 9#ic& co#nt %uin(ona s Cara(ue /))ro)riation H there "#st be a fi ed a"o#nt2 valid if it only needs to be co")#ted %arcia s! +ata Ard law sho#ld have a))lied, b#t a))licable )rovision was invalidated d#e to its insertion in the /))ro)irations /ct( Atiti: s /amora
1 9
1n order that a )rovision or cla#se in a !eneral a))ro)riations bill "ay co")ly with the test of !er"aneness, it "#st be )artic#lar, #na"bi!#o#s, and a))ro)riate( 6artic#lar H if it relates s)ecifically to a distinct ite" or a))ro)riation in the bill and does not refer !enerally to the entire a))ro)riations bill Una"bi!#o#s H when its a))lication or o)eration is a))arent on the face of the bill and it does not necessitate reference to details or so#rces o#tside the a))ro)riations bill /))ro)riate H when its s#b,ect "atter does not necessarily have to be treated in a se)arate le!islation( #arinas s E0ecuti e Secretary Iifference between elective and a))ointed officials( ,emetria s Allba The )resident cannot indiscri"inately transfer f#nds witho#t re!ard as to whether or not the f#nds to be transferred are act#ally savin!s in the ite" fro" which the sa"e are to be ta&en, or whether or not the transfer is for the )#r)ose of a#!"entin! the ite" to which said transfer is to be "ade( Li(a s! C"+ELEC Philconsa s Enri2ue* Chief of Staff cannot be dele!ated )ower to a#!"ent2 only for those en#"erated in the constit#tion( Sanche* s C"A 2 re9#isites for a#!"entation2 1' /ct#al savin!s* and, 2' there is an e istin! ite" to be a#!"ented(
Ie)#ty 0 ec#tive Secretary of I1L: H no )ower to a#!"ent2 only )resident, senate )resident, s)ea&er of the <o#se, Chief E#stice, and heads of Constit#tional Co""issions Section 5;: Sub.ect and title o) bills < %eneral prohibition on AridersC Cordero s! Cabatuando The constit#tional re9#ire"ent $one title H one bill r#le' is satisfied if all )arts of the law related to, and are !er"ane to the s#b,ect "atter e )ressed in the title of the .ill( 1t is s#fficient of the title is co")rehensive eno#!h reasonably to incl#de the !eneral ob,ect which the stat#te see&s to effect, witho#t e )ressin! each and every end and "eans necessary or convenient for the acco")lish"ent of the ob,ect( Philconsa s %imene* 1t has been the !eneral dis)osition of the co#rt that the constit#tional )rovision involvin! the one title H one s#b,ect r#le sho#ld be constr#ed liberally, in favor of the validity of the stat#te( The )#r)ose of this r#le is to2 1( 2( )revent fra#d or s#r)rise in the le!islat#re fairly a))raise the )eo)le, thro#!h s#ch )#blication of le!islation that are bein! considered, in order that they "ay have the o))ort#nity of bein! heard thereon by )etition or otherwise, if they shall so desire(
The re9#ire"ent that the s#b,ect of the act shall be e )ressed in its title is not a "ere r#le of le!islative )roced#re* it is D/NI/T74U( 1t is the d#ty of the co#rt to declare void any stat#te not confor"in! to the constit#tional )rovision( Alalayan s NPC 1f the ob,ect of the law is to a"end a )revio#s le!islation, it will s#ffice if the title
!ives reference to the a"ended law( Insular lumber s CTA The )ri"ary )#r)ose of the one s#b,ect%one title r#le is to )rohibit d#)licity of le!islation, the title of which "i!ht co")letely fail to a))raise the le!islators or the )#blic of the nat#re, sco)e and conse9#ences of the law or its o)eration( %O every )res#")tion fails its validity 5here there is do#bt as to the ins#fficiency of either the title or the /ct, the le!islation sho#ld be s#stained( Tio s &ideo(ram Re(ulatory Board /rt( K1, Sec( 2? is s#fficiently co")lied with if the title is co")rehensive eno#!h to incl#de the !eneral )#r)ose to which a stat#te see&s to achieve( 1t is satisfied if all the )arts of the stat#e are related to, and are !er"ane to the s#b,ect e )ressed in the title, or as lon! as they are not inconsistent with and forei!n to the !eneral s#b,ect and title( 64/CT1C/L rather than T0C<N1C/L constr#ction( Phil! 'ud(es s Prado The title need not be an inde of the body of the act, or be co")rehensive as to cover every sin!le detail of the "eas#re( 1t need only that all )rovisions in said act sho#ld be !er"ane to the s#b,ect thereof( Tobias s Abalos / liberal constr#ction of the one title%one s#b,ect r#le has been invariably ado)ted by the co#rt so as not to i")ede or cri))le le!islation( Tatad s ,"E The title of a law need not "irror or f#lly inde or catalo!#e all the contents or )rovisions of the said law( Ie :#-"an vs C7D0L0C 6#r)ose of section 2?2 1' )revent hod!e%)od!e or lo!%rollin! le!islation* 2' to )revent s#r)rise or fra#d #)on the le!islat#re by "eans of )rovisions in bills of which titles
!ave no info, and which "i!ht therefore be overloo&ed and carelessly and #nintentionally ado)ted* and, A' to fairly a))raise the )eo)le thro#!h s#ch )#blication of le!islative )roceedin!s as is #s#ally "ade, of the s#b,ects of le!islation that are bein! considered, in order that they "ay have o))ort#nity of bein! heard thereon by )etition or otherwise if they so desire( Section 2? is said to have been co")lied with if the title is co")rehensive eno#!h to e"brace the !eneral to e"brace the !eneral ob,ective it see&s to achieve2 )res#")tion is in favor of validity( Ca:alin( s C"+ELEC 0very stat#tes has in its favor the )res#")tion of validity2 !ro#nds for n#llity "#st be beyond reasonable do#bt( $This also !oes for one title%one s#b,ect r#le'( Section 2>2 6roced#re in Law%"a&in! /rroyo vs Ie Kenecia No r#le of the <o#se of 4e)resentatives has been cited which s)ecifically re9#ires that in case involvin! the a))roval of a conference co""ittee re)ort, the Chair "#st restate the "otion and cond#ct a viva voce or no"inal votin!( The constit#tion does not re9#ire that the yeas and nays of the De"bers be ta&en every ti"e a <o#se has to vote, e ce)t only in the ff circ#"stances2 1' #)on the last and third readin!s of the bills* 2' at the re9#est of 1GB of the "e"bers )resent* and, A' in re)assin! a bill over the veto of the )resident( Aba8ada s Ermita 1t is within the )ower of a conference co""ittee to incl#de in its re)ort an entirely new )rovision that is not fo#nd either in the <o#se bill or in the Senate bill( 1f the co""ittee can )ro)ose an a"end"ent consistin! of one or two )rovisions, there is no reason why it cannot )ro)ose several )rovisions, collectively considered as Pan a"end"ent in the nat#re of a s#bstit#teQ, so lon! as s#ch a"end"ent is !er"ane to the s#b,ect of the bills before the co""ittee( .ica"eral conference co""ittees H have )ower to introd#ce a"end"ents( No a"end"ent r#le )ertains only to the )roced#re to be followed by each ho#se of the
2 1
Con!ress with re!ard to bills initiated in each of said res)ective <o#ses, before said bill is trans"itted to the other ho#se for its conc#rrence or a"end"ent( Commissioner o) Internal Re enue s CTA /n Pite"Q in a reven#e bill doesnMt refer to an entire section i")osin! a )artic#lar &ind of ta , b#t rather to the s#b,ect of the ta and the ta rate( To constr#e Pite"Q as referrin! to the whole section, wo#ld tie the )residentMs hand in choosin! either to a))rove the whole section at the e )ense of also a))rovin! a )rovision therein which he dee"s #nacce)table or veto the entire section at the e )ense of fore!oin! the collection of the &ind of ta alto!ether( 1n /))ro)riation bills, the )resident "ay e ercise Pite"%vetoQ( %on*ale* s +acarai( The ter"s ite" and )rovision in b#d!etary le!islation and )ractice are concededly different( /n ite" in a bill refers to the )artic#lars, the details, and the distinct and several )arts of a bill( 1t f#rthered that Pan Rite"M of an a))ro)riation bill obvio#sly "eans an ite" which in itself is a s)ecific a))ro)riation of "oney, not so"e !eneral )rovision of law, which ha))ens to be )#t into an a))ro)riation bill(Q 1na))ro)riate )rovisions H sho#ld be treated as ite"s s#b,ect to the veto )ower of the )resident( To deter"ine if a )rovision is an ina))ro)riate )rovision2 test of a))ro)riateness 1t is not eno#!h that a )rovision be related to the instit#tion or a!ency to which f#nds are a))ro)riated( Conditions and li"itations )ro)erly incl#ded in an a))ro)riation bill "#st e hibit s#ch a connection with "oney ite"s of a))ro)riation that they lo!ically belon! in a sched#le of e )endit#res( =or the r#le to a))ly, restrictions sho#ld be s#ch in the real sense of the ter", not so"e "atter which are "ore a))ro)riately dealt with in a se)arate le!islation( Ben(*on s ,rilon
The act of the 0 ec#tive in vetoin! )artic#lar )rovisions is an e ercise of a constit#tionally vested )ower( .#t the veto )ower is not absol#te( 7nly )artic#lar ite"s "ay be vetoed( The )resident cannot set aside or reverse a final and e ec#tory ,#d!"ent of the co#rt thro#!h the e ercise of the veto )ower, nor can she enact or a"end stat#tes )ro"#l!ated by her )redecessors, "#ch less to re)eal e istin! laws( Philconsa s Enri2ue* 5here the veto is clai"ed to have been "ade witho#t or in e cess of the a#thority vested in the 6resident, the iss#e of an i")er"issible intr#sion of the 0 ec#tive into the Le!islative do"ain arises( Section 5=: Ta0ation Planters s #ertiphil 6#blic )#r)ose is at the heart of a ta law( 1t is an elastic conce)t( The inherent re9#ire"ent that ta es can only be e acted for a )#blic )#r)ose still stands( 5hen a ta law is only a "as& to e act f#nds fro" the )#blic when its tr#e intent is to !ive #nd#e benefit and advanta!e to a )rivate enter)rise, the law will not satisfy the re9#ire"ent of P)#blic )#r)oseQ( The )#r)ose of the law is evident fro" its te t or inferable fro" other secondary so#rces( CIR s Lin(ayen / ta is #nifor" when it o)erates with the sa"e force and effect in every )lace where the s#b,ect of it is fo#nd( Unifor"ity "eans that all )ro)erty belon!in! to the sa"e class shall be ta ed ali&e( $=ollows re9#isites for a valid classification'( Tolentino s Sec! o) #inance Ta e e")tion based on valid classification $Y' Tan s! ,el Rosario
Unifor"ity of ta ation follows valid classification between individ#als and cor)orations2 1' the standards that are #sed therefore are s#bstantial and not arbitrary 2' the cate!ori-ation is !er"ane to achieve the le!islative )#r)ose A' the law a))lies, all thin!s bein! e9#al, to both )resent and f#t#re conditions 3' the classification a))lies e9#ally well to all those belon!in! to the sa"e class( Under the ta syste", the trend is to treat different thin!s differently( CIR sCA /ll s#b,ects or ob,ects si"ilar "#st be e9#ally ta ed, or )#t on e9#al footin! both in )rivile!es and liabilities* no e e")tions( /ll ta able articles or &inds of )ro)erty of the sa"e class "#st be ta ed at the sa"e rate and the ta "#st o)erate with the sa"e force and effect in every )lace where the s#b,ect "ay be fo#nd( Abra &alley Colle(e s A2uino The e e")tion in favor of )ro)erty #sed e cl#sively for charitable or ed#cational )#r)oses is not li"ited to )ro)erty act#ally indis)ensable therefore, b#t e tends to facilities that are incidental to and reasonably necessary for the acco")lish"ent of said )#r)ose, s#ch as in the case of hos)itals, a school for trainin! n#rses, a n#rseMs ho"e, )ro)erty #sed to )rovide ho#sin! facilities for interns, doctors, s#)erintendents, and other "e"bers of the hos)ital staff, etc( The e e")tion e tends to facilities which are incidental to and reasonably necessary for the acco")lish"ent of the "ain )#r)ose of the charitable or ed#cational $or reli!io#s' instit#tion( The test of e e")tion is the #se of the )ro)erty for )#r)oses "entioned in the constit#tion( Bayan s /amora
'ohn >ay s Lim Since only Con!ress can )ass ta laws, it follows that only Con!ress can )rovide ta e e")tions, thro#!h the )assa!e of le!islation( Southern Cement s Philcemcor The )ower of ta ation by nat#re and by co""and of the f#nda"ental law is a )reserve of the le!islat#re( The dele!ation of ta ation )ower by the le!islative to the e ec#tive is a#thori-ed by the constit#tion itself( The constit#tion also !rants Con!ress the ri!ht to i")ose restrictions and li"itations on the ta ation )ower of the )resident( The restrictions and li"itations i")osed by Con!ress ta&e on the "antle of a constit#tional co""and, which the e ec#tive branch is obli!ed to observe( Lun( Center s BC To deter"ine whether an enter)rise is a charitable instit#tionGentity or not, the ele"ents which sho#ld be considered incl#de the stat#tes creatin! the enter)rise, its cor)orate )#r)ose, its constit#tion and by%laws, the "ethods of ad"inistration, the nat#re of the act#al wor& )erfor"ed, the character of the services rendered, the indefiniteness of the beneficiaries, and the #se and occ#)ation of the )ro)erties( / charity "ay be f#lly defined as a !ift, to be a))lied consistently with e istin! laws, for the benefit of an indefinite n#"ber of )ersons, either by brin!in! their "inds and hearts #nder the infl#ence of ed#cation or reli!ion, by assistin! the" to establish the"selves in life or otherwise lessenin! the b#rden or !overn"ent( The test whether an enter)rise is charitable or not is whether it e ists to carry o#t a )#r)ose reco!ni-ed in law as charitable or whether it is "aintained for !ain, )rofit or )rivate advanta!e( / charitable instit#tion does not lose its character as s#ch and its e e")tions fro" ta es si")ly beca#se it derives inco"e fro" )ayin! )atients, or receivables fro" the !overn"ent $or donations', so lon! as the "oney received is devoted or #sed alto!ether to the charitable ob,ect which it is intended to achieve, and no "oney in#res to the )rivate benefit of the )ersons "ana!in! or o)eratin! the instit#tion( Aba8ada s Ermita The )ower of ta cannot be dele!ated, b#t the details as to the enforce"ent and
2 3
ad"inistration of an e ercise of s#ch )ower "ay be left to the e ec#tive, incl#din! the )ower to deter"ine the e istence of facts which its o)eration de)ends, the rationale bein! that the )reli"inary ascertain"ent of facts as basis for the enact"ent of le!islation is not itself a le!islative f#nction b#t is si")ly ancillary to le!islation( The constit#tion does not re9#ire that Con!ress find for itself every fact #)on which it desires to base le!islative action or that it "a&e for itself detailed deter"inations which it has declared to be )rere9#isite to a))lication of le!islative )olicy to )artic#lar facts and circ#"stances i")ossible for Con!ress itself to )ro)erly investi!ate( Con!ress "ay dele!ate to the 6resident the )ower to increase a ta , de)endent on a certain set of facts, #)on the co")letion of which the )resident "ay carry o#t the dele!ated )ower( Spouses Constantino s Cuisia The Con!ress can dele!ate to the cabinet Secretary $i(e( Secretary of =inance', in his ca)acity as the alter e!o of the )resident, to carry o#t the a#thority vested on the Chief 0 ec#tive #nder Section 28( Republic s City o) -idapa:an Ta e e")tion cannot be !ranted witho#t the conc#rrence of the "a,ority of the "e"bers of con!ress, and "ay only be done thro#!h the )assa!e of le!islation( 7nly con!ress can )rovide for ta e e")tions, as it is the only branch that has )ower to ta ( Section 5@: Restrictions on the $se o) Public #unds Pascual s Secretary o) Public 7or8s +IAA s +abunay Le!islative "ay dele!ate to the a!ency the )ower to )rovide for the "eans of obtainin! ob,ect of an a))ro)riation b#t s#ch act cannot !o beyond stat#tes(
6#blic biddin! has been a )ractice, which is the acce)ted "ethod of arrivin! at a fair )rice and )revents favoritis" and over)ricin!( %uin(ona s Cara(ue Constit#tion does not re9#ire e act, s)ecific a))ro)riation "ade by law( C"+ELEC s! Bui.ano No "oney shall be )aid o#t of the treas#ry e ce)t in )#rs#ance of an a))ro)riation "ade by law( /))ro)riation "#st first be "ade )rior to the biddin! and creation of contracts, so as to )rovide for a !#ideline re!ardin! the a"o#nt that can be #sed for the s)ecific enter)rise( %aston s Republic Planters Ban8 Ta es levied for a s)ecific )#r)ose are considered to be s)ecial f#nds, which is an e ercise of the )olice )ower of the state( 7nce the s)ecific )#r)ose is acco")lished or abandoned, the f#nds beco"e and are transferred to the !eneral f#nds of the state( 4even#es collected are to be treated as a s)ecial f#nd, to be Rad"inistered in tr#stM for the )#r)ose intended( "smena s! "rbos Doney na"ed as ta b#t act#ally collected in the e ercise of the )olice )ower of the state "ay be )laced in a s)ecial tr#st acco#nt( Section 3E: Appellate 'urisdiction o) the Supreme Court #irst Lepanto Ceramics s CA The )rovision is intended to !ive the SC a "eas#re of control over cases )laced #nder its a))ellate ,#risdiction(
,ia* s CA #abian s ,isierto / law is invalid when it increases the a))ellate ,#risdiction of the co#rt witho#t its advice( &illa ert s ,esierto Tirol s C"A Cabrera s Lapid Section 31: Titles o) Royalty and Nobility Section 35: Initiati e and Re)erendum SB+A s C"+ELEC ,e)ensor1Santia(o s C"+ELEC Lambino s C"+ELEC Article &II Section 1 E0ecuti e Po:er Constit#tional )ower !ranted to the 6resident to enforce laws 1ncl#des r#le%"a&in! )ower2 i")le"entation and enforce"ent of laws )assed
+arcos s +an(lapus The )owers of the )resident are not li"ited to those en#"erated in the constit#tion2 resid#al )owers 4i!ht to ret#rn H fo#nd in the UN declaration of <#"an 4i!hts, 1nternational covenant on h#"an ri!hts, b#t not absol#te2 s#b,ect to national interests, )#blic )olicy and welfare, health, etc( !eneral )ower to faithf#lly e ec#te the laws
e )ress )owers of the )resident H those en#"erated in the constit#tion resid#al )owers H anythin! not e )ressly )rovided in the Constit#tion, article K1 Laurel s! %arcia 6ower to enter into contracts H e ce)t for )ro)erty #nder )#blic do"inion ,.umantan s! ,omin(o 4i!ht of every state to re!#late the entry of )ersons into their co#ntry2 de)ortation )art of e ec#tive )ower Cha e* s! PC%% Ponte.os s! "+B State witness H will not be char!ed with cri"inal )rosec#tion( $S s! Ni0on :eneral clai" of e ec#tive )rivile!e is not absol#te nor #n9#alified* in a sit#ation when a )ersonMs ri!ht is "ade s#b,ect of a cri"inal )roceedin!, then )rod#ction of evidence is essential to #)hold the constit#tional ri!hts of the acc#sed( Neri s! Senate Committee 6residential co""#nication )rivile!e
Philconsa s Enri2ue* 7ebb s ,e Leon The )rosec#tion of cri"es )ertains to the e ec#tive de)art"ent, whose )rinci)al )ower and reasonability is to see that o#r laws are faithf#lly e ec#ted( Ieter"inin! )robable ca#se H e ec#tive in character
2 5
0le"ents2 6rotected co""#nication "#st relate to a 9#intessential and non%dele!able )residential )ower D#st be a#thored or solicited and received by a close advisor of the 6resident of the 6resident hi"self 4e"ains a 9#alified )rivile!e that "ay be overco"e by a showin! of ade9#ate need( A-BA9AN s! A2uino Soli en s! +a8asiar 6resident "ay waive i""#nity fro" s#it( The only )erson who can invo&e i""#nity is the )resident hi"self( >arlo: s! #it*(erald W#alified 1""#nity or P!ood faithQ i""#nity "ay be #se by an official( / official wo#ld be 9#alifiedly i""#ne if he $1' does not &now that the action ta&en in his s)here of res)onsibility wo#ld violate the constit#tional ri!hts of the victi"( $2' did not act with "alicio#s intent( :ovMt officials )erfor"in! discretionary f#nctions !enerally are shieled fro" civil da"a!es insofar as their cond#ct does not violate clearly established stat#tory or constit#tional ri!hts a reasonable )erson wo#ld have &nown( Clinton s! 'ones The 6resident of the United States is entitled to absol#te i""#nity fro" da"a!es liability )redicated on official acts( So"e )#blic servants are !ranted i""#nity fro" s#its for "oney da"a!es arisin! o#t of their official acts so as to enable the" to )erfor" their desi!nated f#nctions effectively witho#t fear that a )artic#lar decision "ay !ive rise to )ersonal liability( The societal interest in )rovidin! s#ch )#blic
officials with the "a i"#" ability to deal fearlessly and i")artially with the )#blic at lar!e as an acce)table ,#stification for official i""#nity( The )oint of i""#nity for s#ch officials is to forestall an at"os)here of inti"idation that wo#ld conflict with their resolve to )erfor" their desi!nated f#nction in a )rinci)led fashion( <owever, as "#ch as so"e )#blic officials incl#din! the 6resident, "ay be !ranted i""#nity, it does not a))ly to #nofficial cond#ct( 1""#nities are !ro#nded in the nat#re of the f#nction )erfor"ed, not the identity of the actor who )erfor"ed( %loria s! CA 1""#nity fro" s#it for the )resident, not for cabinet "e"bers( Estrada s! ,isierto Tho#!h inc#"bent )residents are i""#ne fro" s#it IU41N: their ten#re, this i""#nity does not e tend .0U7NI their ten#re( /dditionally, the char!es filed a!ainst 0ra) are cri"inal in nat#re, and the SC cannot Pwra) hi" in )ost%ten#re i""#nity fro" liabilityQ( 1t wo#ld then circ#"vent the !eneral a))lication of laws to hi"( ,a id s! Arroyo The 6resident, d#rin! his ten#re of office or act#al inc#"bency, "ay not be s#ed in any civil or cri"inal case, and there is no need to )rovide for it in the Constit#ion or law( 1t will de!rade the di!nity of the hi!h office of the 6resident, the <ead of State, if he can be dra!!ed into co#rt liti!ations while servin! as s#ch( =#rther"ore, it is i")ortant that he be freed fro" any for" of harass"ent, hindrance or distraction to enable hi" to f#lly attend to the )erfor"ance of his official d#ties and f#nctions( Unli&e the le!islative and ,#dicial branch, only one constit#tes the e ec#tive branch and anythin! which i")airs his #sef#lness in the dischar!e of the "any !reat and i")ortant d#ties i")osed #)on hi" by the Constit#tion necessarily i")airs the o)eration of the :overn"ent( <owever, this does not "ean that the 6resident is not acco#ntable to anyone( Li&e any other official, he re"ains acco#ntable to the )eo)le b#t he "ay be re"oved fro" office only in the "ode )rovided by law and that is by 1D60/C<D0NT(
Constantino s! Cuisia The 6resident of the 6hili))ines is the 0 ec#tive of the :overn"ent of the 6hili))ines, and no other( The heads of the e ec#tive de)art"ents occ#)y )olitical
Pre !"e#$ )*&'!%+ Pre . /P %&!' $( N($ C,( e# Pre . /P B($, De&$,-D! &.!'!$+ Pre . /P Pres. No!inates VP fro! !e!"ers of #ongress upon confir!ation "$ !a%orit$ &ote of all !e!"ers of "ot' 'ouses B($,
Canvassin! of votes for 6resident and K6 is the tac& of Con!ress( 1t cannot be #nderta&en by the Co"elec, even in the dis!#ise of bein! P#nofficial(Q Pimentel s! 'oint Committee The canvassin! of votes of the 6resident and K6 by the Con!ress is not one of its le!islative f#nctions( Th#s, it is not covered by the end of the session of Con!ress, #nli&e its le!islative f#ncstions, which end alon! with the ad,o#rn"ent of its sessions( Lope* s! Senate
B($,
VP acts as Pres.
No succe ssion
Senate Pres,/Spe aker of HoR (until one qualifies) acting pres.
VP as actin g Pres.
No success ion
Senate Pres. r Speake r of HoR
VP as Pres.
Senate Pres./S peaker of HoR
The constit#tion )rovides that Con!ress has the )ower to )ro"#l!ate its r#les concernin! the canvassin! of votes for the )residency and K6( ,e)ensor1santia(o s! Ramos Section ?: Start o) Term as o) noon 'une 3E
)ositions and hold office in an advisory ca)acity, and, in the lan!#a!e of Tho"as Eefferson, +sho#ld be of the 6resident8s boso" confidence+, and, in the lan!#a!e of /ttorney%:eneral C#shin!, +are s#b,ect to the direction of the 6resident(+ 5itho#t "ini"i-in! the i")ortance of the heads of the vario#s de)art"ents, their )ersonality is in reality b#t the )ro,ection of that of the 6resident( Stated otherwise, and as forcibly characteri-ed by Chief E#stice Taft of the S#)re"e Co#rt of the United States, +each head of a de)art"ent is, and "#st be, the 6resident8s alter e!o in the "atters of that de)art"ent where the 6resident is re9#ired by law to e ercise a#thority+( Section D: Election o) President and &P Anson1Roa s! Arroyo :D/ was not elected2 she ass#"ed )residency after resi!nation of 0strada( Th#s, there is no bar fro" r#nnin! for )residency as she is not covered by the )hrase2 Pr#n for any reelection(Q Brillantes s! Comelec
Tecson s! Lim The election contest can only conte")late a )ost%election scenario( 1t is fair to concl#de that the ,#risdiction of the S#)re"e Co#rt, defined by Section 3, )ara!ra)h >, of the 198> Constit#tion, wo#ld not incl#de cases directly bro#!ht before it, 9#estionin! the 9#alifications of a candidate for the )residency or vice%)residency before the elections are held( Section ?1=: #illin( in acancy in the presidency Estrada s! ,isierto 4esi!nation is not a hi!h level le!al abstraction( 1t is a fact#al 9#estion and its ele"ents are beyond 9#ibble2 there "#st be an intent to resi!n and the intent "#st be co#)led by acts of relin9#ish"ent( The validity of a resi!nation is not !overn"ent by any for"al re9#ire"ent as to for"( 1t can be oral( 1t can be written( 1t can be e )ress( 1t can be i")lied( /s lon! as the resi!nation is clear, it "#st be !iven le!al effect( Section =: +idterm past 'une 3E
2 7
De&$,0 D! &.!'!$+1 Re2(3&'0 Re !4#&$!(# Pre . VP is Pres. /P Pres. (ill no!inate VPP fro! #ongress (sec. )) B($, Senate Pres./Speaker HoR as Pres.
De&$,0 D! &.!'!$+1 Re !4#&$!(# A5$!#4 6SP-S78 of Pre .
4e)resentatives desi!nated by e %officio "e"bers are not e e")ted fro" the law2 the desi!nation is an i")osition only of additional d#ties, and does not confer any le!ally de"andable ri!hts( ,oromal s! Sandi(anbayan 6artici)ation in a contract with the !overn"ent, tho#!h indirect, is still )rohibited2 b#t acc#sed is entitled to investi!ation and ri!hts conferred by the law( Section 1D114: Appointments by Actin( President
*$ +a, (#ongress)
Section 11: Incapacity o) the President Estrada s! ,isierto To be deter"ined by Con!ress2 can be ascertained for" their acts of reco!nition of :D/( Section 13: Prohibitions Ra)ael s! Embroidery 0 %officio ca)acity H not entirely different fro" c#rrent d#ties and f#nctions* incidental to their office CL$ s! E0ec! Sec! The e ec#tive is treated as a class in itself and as s#ch, are !iven stricter )rohibitions( ,ela Cru* s! C"A 0 %officio ca)acity H no co")ensation for the e ec#tive who acts as s#ch, nor do their re)resentatives( Bitonio s! C"A and Amnesty intFl s! C"A
In Re appointment o) &alen*uela There are two &inds of a))oint"ents directed a!ainst by the a))oint"ent ban in Sec( 1B, /rt( >2 $1' those "ade for vote%b#yin! and $2' those "ade for )artisan )olitics( Didni!ht a))oint"ents s#ch as the a))oint"ents in 9#estion are "ade in consideration of )artisan )olitics to infl#ence the o#tco"e of the elections( The only a))oint"ents that are e e")ted fro" the ban are vacant e ec#tive )ositions that will )re,#dice )#blic interest(
Section 1;: Nature o) Appointin( Po:er
%o enrment s! Sprin(er The le!islative branch has no )ower to a))oint( 1t is only for the e ec#tive(
Bermude* s! E0ec! Sec!
The )resident need not wait for hisGher s#bordinateMs reco""endation to carry o#t a d#ty or f#nction vested in hisGher office(
Pobre s! +endienta This )rovision e")owers the 6resident to a))oint +those who" he "ay be a#thori-ed by law to a))oint(+ The law that a#thori-es hi" to a))oint the 64C Co""issioner and /ssociate Co""issioners, is 6(I( 22A, Section 2, which )rovides that the Co""issioner and /ssociate Co""issioners of the 64C are +all to be a))ointed by the 6resident for a ter" of nine $9' years, witho#t rea))oint"ent, to start fro" the ti"e they ass#"e office (
Pimentel s! Ermita
The law e )ressly allows the 6resident to "a&e s#ch actin! a))oint"ent( Section 1>, Cha)ter B, Title 1, .oo& 111 of 07 292 states that P[t]he 6resident "ay te")orarily desi!nate an officer already in the !overn"ent service or any other co")etent )erson to )erfor" the f#nctions of an office in the e ec#tive branch(Q Th#s, the 6resident "ay even a))oint in an actin! ca)acity a )erson not yet in the !overn"ent service, as lon! as the 6resident dee"s that )erson co")etent(
#lores s! ,rilon The )ower of choice is the heart of the )ower to a))oint( /))oint"ent involves an e ercise of discretion of who" to a))oint* it is not a "inisterial act of iss#in! a))oint"ent )a)ers to the a))ointee( 1n other words, the choice of the a))ointee is a f#nda"ental co")onent of the a))ointin! )ower(
Sarmiento s! +ison 0 ce)t as to those officers whose a))oint"ents re9#ire the consent of the C7/ by e )ress "andate of the first sentence in Sec 1? /rt K11, a))oint"ents of other officers are left to the 6resident witho#t need of confir"ation by the C7/( 1t is only in the first sentence where it is clearly stated that )ositions en#"erated therein re9#ire the consent of the C7/( The word PaloneQ is a "ere la)s#s(
Ru)ino s! Endri(a The )ower to a))oint is the )rero!ative of the 6resident, e ce)t in those instances when the Constit#tion )rovides otherwise( Under Section 1?, there is a fo#rth !ro#) of lower%ran&ed officers whose a))oint"ents Con!ress "ay by law vest in the heads of de)art"ents, a!encies, co""issions, or boards( These inferior or lower in ran& officers are the s#bordinates of the heads of de)art"ents, a!encies, co""issions, or boards who are vested by law with the )ower to a))oint( Con!ress has the discretion to !rant to, or withhold fro", the heads the )ower to a))oint lower%ran&ed officers( The 198> Constit#tion only allows heads of de)art"ents, a!encies, co""issions, or boards to a))oint only Pofficers lower in ran&Q than s#ch Pheads of de)art"ents, a!encies, co""issions, or boards(Q Calderon s! Carale
Bautista s! Salon(a /))ointin! )ower solely vests in the 6resident, b#t once she "a&es the a))oint"ent, the 6resident loses the )ower over the )osition( 1tMs #) to the a))ointed )erson if she wo#ld acce)t or not(
Buinto1,eles s! CA /))oint"ent of sectoral re)resentatives need C/ confir"ation(
2 9
The second sentence of Sec 1?, /rt K11 refers to all other officers of the !overn"ent whose a))oint"ents are not otherwise )rovided for by law and those who" the 6resident "ay be a#thori-ed by law( The NL4C Chair"an and Co""issioners fall within the second sentence of Sec 1?( The Chair"an and De"bers of the NL4C are N7T a"on! the officers "entioned in the first sentence of Sec 1?, whose a))oint"ents re9#ires the confir"ation by the Co""ission on /))(
1t is clear fro" Section 1?, /rticle K11 of the 198> Constit#tion that only a))ointed officers fro" the ran& of colonel or naval ca)tain in the ar"ed forces re9#ire confir"ation by the C/( The r#le is that the )lain, clear and #na"bi!#o#s lan!#a!e of the Constit#tion sho#ld be constr#ed as s#ch and sho#ld not be !iven a constr#ction that chan!es its "eanin!( The en#"eration of a))oint"ents s#b,ect to confir"ation by the C/ #nder Section 1?, /rticle K11 of the 198> Constit#tion is e cl#sive( The cla#se +officers of the ar"ed forces fro" the ran& of colonel or naval ca)tain+ refers to "ilitary officers alone(
$1Sin( s! NLRC Sa"e as Calderon Section 1?: Po:er o) Control
Tarrosa s! Sin(son Con!ress cannot by law e )and the confir"ation )owers of the Co""ission on /))oint"ents and re9#ire confir"ation of a))oint"ents of other !overn"ent officials not e )ressly "entioned in the first sentence of Section 1? of /rticle > of the Constit#tion(
Lacson1ma(allanes s! Pano The )resident is vested with the e ec#tive )ower in the A branches of !overn"ent( 5ith this )ower, co"es the )ower to control all of the e ec#tive de)art"ents( <e can a))oint these heads, and dis"iss the" as he )leases( <avin! the )ower to control and direct the", he as well can confir", "odify or reverse the decisions of these de)art"ent secretaries(
+anolo s! Si*to*a The )olice force is different fro" and inde)endent of the ar"ed forces and the ran&s in the "ilitary are not si"ilar to those in the 6N6( Th#s, directors and chief s#)erintendents of the 6N6, s#ch as res)ondent )olice officers in this case, do not fall #nder the first cate!ory of )residential a))ointees re9#irin! the confir"ation by the C/ $see first sentence of the first )ara!ra)h of Section 1?'( 6N6 is not )art of the /=6( An(1An(co s! Castillo The )ower of control of the 6resident e tends to the )ower to Palter or "odify or n#llify or set aside what a s#bordinate officer had done in the )erfor"ance of his d#ties and to s#bstit#te the ,#d!"ent of the [6resident] for that of the [s#bordinate officer](Q This "ay be e tended to the )ower to Pinvesti!ate, s#s)end or re"ove officers and e")loyees who belon! to the e ec#tive de)art"ent if they are )residential a))ointees or do not belon! to the classified service for s#ch can be ,#stified that the )ower to re"ove is inherent to the )ower to a))oint(Q The sa"e cannot be done to officers or e")loyees who belon! to the classified service( The
Soriano s! Lista
)roced#re laid down in the Civil Service /ct of 19B9 "#st be followed for their re"oval(
&illalu* s! /aldi ar 1nherent in the )ower to a))oint is the )ower to re"ove(
other offices #nder their ,#risdiction o /s head of e ec#tive de)art"ent, he "ay dele!ate so"e of his )owers to the Cabinet e ce)t when he is re9#ired by the Constit#tion to act in )erson or in the e e!encies of the sit#ations de"and that he act )ersonally The N.1 is #nder the Ie)art"ent of E#stice and since the Secretary of E#stice acts as alter e!o of the 6resident, his orders "#st be followed by the Iirector of the N.1( /cts of the alter e!os of the 6resident are acts of the 6resident hi"self #nless disa))roved or re)robated by the Chief 0 ec#tive(
NA+ARC" s! Arca 6residentMs )ower of control incl#des :7CCs as )art of the 0 ec#tive de)art"ent( 'oson s! Torres E#risdiction over ad"inistrative disci)linary actions a!ainst elective local officials is lod!ed in two a#thorities2 The disci)linin! a#thority and the 1nvesti!atin! /#thority( The Iisci)linin! /#thority is the 6resident whether actin! by hi"self or thro#!h the 0 ec#tive Secretary( The Secretary of the 1nterior and Local :overn"ent is the 1nvesti!atin! /#thority who "ay act by hi"self or by and 1nvesti!atin! co""ittee( The secretary of the I1L:, however is not the e cl#sive investi!atin! a#thority( 1n lie# of the I1L: Secretary, the disci)linin! a#thority "ay desi!nate a s)ecial 1nvesti!atin! co""ittee(
,rilon s! Lim S#)ervision H "erely to deter"ine if r#les are bein! followed* control H chan!e the r#les and creates new ones, and )rovide )enalties for non%co")liance with the r#les(
PASEI s! Torres The Dinistry of Labor is #nder the e ec#tive de)art"ent and the )resident has the )ower of control of its de)art"ent head $Secretary'( 1t is i")licit in the )ower of control is the )ower to review, confir", "odify or reverse acts of Ie)tM heads( 1n this case, if the Secretary !rants a new license, Darcos can deny or a))rove of it( <ence, this L71 ta&es the nat#re of a )residential iss#ance which can be re)ealed by a later )residential iss#ance(
>utchinson s! SB+A Chartered instir#tions are always #nder the )ower of control of the 6resident(
Cru* s! Sec! o) ,ENR ,e Leon s! Carpio /ll e ec#tive de)art"ents, b#rea#s, and offices are #nder control of 6resident 6residentMs )ower of control over cabinet, who in t#rn controls b#rea#s and PRA s! Buna( The tas& of the Ie)art"ent of .#d!et and Dana!e"ent is si")ly to review the co")ensation and benefits )lan of the !overn"ent a!ency or entity concerned and
3 1
deter"ine if the sa"e co")lies with the )rescribed )olicies and !#idelines iss#ed in this re!ard( The role of the Ie)art"ent of .#d!et and Dana!e"ent is s#)ervisorial in nat#re, its "ain d#ty bein! to ascertain that the )ro)osed co")ensation, benefits and other incentives to be !iven to 64/ officials and e")loyees adhere to the )olicies and !#idelines iss#ed in accordance with a))licable laws(
)rero!ative of her office(
Section 1= Commander in Chie)
,omin(o s! /amora 6ower of the 6resident to reor!ani-e over2 1' office of the 6resident )ro)er* 2' offices within the office of the 6resident
Gr(*# " Pre3e#$ S*::re '&<'e 3!('e#5e I#3& !(# Re.e''!(# Pre3e#$ S*::re '&<'e 3!('e#5e I#3& !(# Re.e''!(# N($!5e Re3(5&$!(# =*"!5!&' Re3!e< > Per!(" W,( 5&# ?*e $!(# C(*r$ > 'e4! . A e2.'+
C&'' !# A9P -es -es -es .
S* :e#" Pr!3!'e4e (% Wr!$ (% 7&.e& C(r:* . $es $es
De5'&re ;&r$!&' L&< . $es $es
Romulde* s! Sndi(anbayan The felonio#s act of )#blic officials and their close relatives are not acts of the state, and the officer who acts ille!ally is not actin! as s#ch, b#t stands on the sa"e footin! as any other offender(
Per!("
/en. Rule0 12 3a$s (e4cept if e4ten3e3 or re&oke3 "$ #ongress) . . . . pen #ongress ,/in 56 'ours #ongress -es. 7'e test is ,/n t'e Pres. 8cte3 ar"itraril$ 9 sufficientl$ "ase3 on t'e facts: 3eci3e in 12 3a$s 8n$ #iti;en pen pen
Cha e* s! Romulo Under Section 1>, /rticle K11 of the Constit#tion, heGshe is !iven )owers as the Chief 0 ec#tive2 PThe )resident shall have control of all the e ec#tive de)art"ents, b#rea#s and offices( <e shall ens#re that the laws be faithf#lly e ec#ted(Q /s the Chief 0 ec#tive, :D/ holds the steerin! wheel that controls the co#rse of her !overn"ent( She lays down the )olicies in the e ec#tion of her )lans and )ro!ra"s( 5hatever )olicy she chooses, she has her s#bordinate to i")le"ent the"( 1n short, she has the )ower of control( 5henever a s)ecific f#nction is entr#sted by law or re!#lation to her s#bordinate, she "ay act directly or "erely direct the )erfor"ance of a d#ty( Th#s, when :D/ directed 0bdane to s#s)end the iss#ance of the 6TC=74, she was ,#st directin! a s#bordinate to )erfor" an assi!ned d#ty( S#ch act was well within the
Lansan( s! %arcia
6resident has A co#rses of action $in ti"es of national e"er!ency'2 To call o#t /r"ed =orces To s#s)end the )rivile!e of the writ of habeas cor)#s To )lace the 6hili))ines $entirely or )artly' #nder "artial law
deter"ine the necessity of the e ercise of s#ch )ower( None of the )etitioners have s#))orted their assertion that the 6resident acted witho#t fact#al basis(
,a id s! Arroyo The )resident "ay call o#t the /=6 witho#t confir"ation fro" Con!ress, b#t "ay not e ercise e"er!ency )owers witho#t con!ressional enact"ent(
Aberca s! &er
IBP s! /amora The callin! o#t )ower is )laced in a different cate!ory fro" the )ower to declare "artial law and the )ower to s#s)end "artial law and the )ower to s#s)end the habeas cor)#s otherwise, the fra"ers of the Constit#tion wo#ld have si")ly l#")ed to!ether the A )owers and )rovided for their revocation and review witho#t any 9#alification $see Section 18, /rticle > codal' The )ower to call is f#lly discretionary to the )resident(
Lacson s! Pere* The co#rt "ay review the fact#al basis for the )rocla"ation declarin! the e istence of a state of rebellion(
Section 1@: E0ecuti e Clemency
Re:r!e3e W,( e@er5! e E%%e5$
C(22*$&$ !(# Presi3ent Re!ission of part of t'e punis'!ent
P&r"(#
9!#e
A2#e $+ Pres. < !a%. f all of #ongress -a"olis'es offense (looks
Lim s! E0ec! Sec!
Presi3ent Postpones to a 3a$ certain
Presi3ent =4e!pts fro! punis'!ent (looks for,ar3)
Presi3ent
Sanla8as s! E0ec! Sec! The 6resident has f#ll discretionary )ower to call o#t the ar"ed forces and to
3 3
-relie&e3 fro! consequenc es -ci&il lia"ilit$
Cristobal s! Labrador
"ack,ar3)
-"efore con&iction Re?*! !$e >inal ?u3g!ent >inal ?u3g!ent >inal ?u3g!ent >inal %u3g!ent -treason, political offense/la, of nations #lass of in3i&i3uals
There are only two li"itations on the )ardonin! )ower of the e ec#tive2 that the )ower be e ercised after conviction $final ,#d!e"ent' and that s#ch )ower does not e tend to cases of i")each"ent( 6ardon was !ranted to Santos after he has served his sentence and his case was not that of i")each"ent( Th#s, the )ardonin! )ower of the e ec#tive cannot be restricted by le!islative action( /n absol#te )ardon blots o#t not only the cri"e co""itted b#t re"oves all disabilities res#ltin! fro" conviction( 7ften, i")rison"ent is not the only )#nish"ent when one !oes a!ainst the law b#t )#nish"ent also co"es in the for" of accessory and res#ltant disabilities( 5hen )ardon is !ranted after the ter" of i")rison"ent has e )ired, absol#te )ardon re"oves all that is left of the conse9#ences of conviction( Llamas s! "rbos The )resident "ay !rant cle"ency for ad"inistrative cases in the e ec#tive branch2 the constit#tion does not distin!#ish between cri"inal and ad"inistrative cases(
Be#e%!5!&r +
in3i&i3ual
@n3i&i3ual
@n3i&i3ual
@n3i&i3ual
L!2!$&$!(#
=4cept0 i!peac'!ent: election offense (#o!elec reco!!en3ati on)
-A Sa!e
Sa!e
Sa!e
Sa!e (if ta4 a!nest$, nee3s legislati&e concurrenc e)
People s! Salle Pafter final ,#d!"ent of convictionQ H no a))eals2 if )ardon is a))lied for, it shall not be )rocessed )endin! an a))eal( The ,#d!"ent "#st fist be final( People s! Bacan( 6ardon cannot be e tended )endin! an a))eal( ,rilon s! CA 7nce a )erson has been )ardoned, or has served his sentence, his case can no lon!er be reo)ened and reinvesti!ated(
A55e:$&# 5e
/en. Rule0 nee3e3 e4cept if a"solute
Torres s! %on*ales The acce)tance of a conditional )ardon, carried with it the a#thority or )ower !iven to the 6resident to deter"ine whether the condition of the )ardon has been violated( To no other de)art"ent of the :overn"ent has s#ch )ower been entr#sted or dele!ated( S#ch act of the 6resident is not s#b,ect to ,#dicial scr#tiny( People s Cassido /"nesty H !ranted to classes of )ersons !#ilty of )olitical offenses, instit#ted before or after cri"inal )rosec#tion or even after conviction( +onsanto s! )actoran 6ardon does not restore a convicted felon to )#blic office( <e "#st first ac!#ire a rea))oint"ent, not a reinstate"ent, and does not e e")t hi" fro" )ayin! civil liabilities( %arcia s! C"A Since the )ardon was based on innocence, the acc#sed sho#ld be accorded his ri!hts )revio#sly held( <e sho#ld be a#to"atically reinstated and !iven bac& wa!es, as if he never left his office, as his dis"issal is rendered n#ll and void, d#e to lac& of the ca#se of action to which his innocence was fo#nd( Section 51 International a(reements6 treaties6 etc! %on*ales s! hechano a /ltho#!h the )resident "ay enter into a!ree"ents witho#t )revio#s le!islative a#thority, he "ay not by e ec#tive a!ree"ent, enter into transactions which is )rohibited by stat#tes enacted )rior thereto( Under the constit#tion, the "ain f#nction of the e ec#tive is to enforce the laws enacted by con!ress( <e "ay not defeat le!islative enact"ents by indirectly re)ealin! the sa"e thro#!h an e ec#tive a!ree"ent )rovidin! for the )erfor"ance of the very act )rohibited by said laws(
$SA##E s! Treasurer 0 ec#tive a!ree"ents are two classes2 1' 640S1I0NT1/L /:400D0NTS% /!ree"ent "ade )#rely by e ec#tive acts affectin! e ternal relations and inde)endent of or needs no le!islative a#thori-ation( 2' C7N:40SS17N/L% 0J0CUT1K0 /:400D0NTS% /!ree"ent entered into in )#rs#ance of acts of con!ress( The a!ree"ent "ay fall #nder any of these 2 classes( 5hyY 1' .eca#se con!ress !ranted a#thority to the )resident to obtain loans and inc#r indebtedness with the :overn"ent of US( 2' 0ven ass#"in! that there was no le!islative a#thori-ation, the a!ree"ent "ay still be entered into )#rely as e ec#tive acts $which #s#ally relates to "oney a!ree"ents for settle"ent of )ec#niary clai"s of the citi-ens( A' Senate resol#tion 1B ad"itted the validity and the bindin! force of the a!ree"ent( 3' The act of con!ress a))ro)riatin! f#nds for the yearly install"ents $#nder the a!ree"ent' constit#te a ratification thereof( .eca#se international a!ree"ents are for the e ec#tive, the co#rts "ay not encroach #)on their validity( Tanada s! An(ara Bayan s! /amora Treaty H si!ned and a))roved by 2GA "a,ority vote of all "e"bers of the Senate( Abaya s! Ebdane /n +e chan!e of notes+ is a record of a ro#tine a!ree"ent that has "any si"ilarities with the )rivate law contract( The a!ree"ent consists of the e chan!e of two doc#"ents, each of the )arties bein! in the )ossession of the one si!ned by the re)resentative of the other( Under the #s#al )roced#re, the acce)tin! State re)eats the te t of the offerin! State to record its assent( The si!natories of the letters "ay be !overn"ent Dinisters, di)lo"ats or de)art"ental heads( The techni9#e of e chan!e of notes is fre9#ently resorted to, either beca#se of its s)eedy )roced#re, or,
3 5
so"eti"es, to avoid the )rocess of le!islative a))roval( 1t is stated that +treaties, a!ree"ents, conventions, charters, )rotocols, declarations, "e"oranda of #nderstandin!, "od#s vivendi and e chan!e of notes+ all refer to +international instr#"ents bindin! at international law(+Si!nificantly, an e chan!e of notes is considered a for" of an e ec#tive a!ree"ent, which beco"es bindin! thro#!h e ec#tive action witho#t the need of a vote by the Senate or Con!ress( /!ree"ents concl#ded by the 6resident which fall short of treaties are co""only referred to as e ec#tive a!ree"ents and are no less co""on in o#r sche"e of !overn"ent than are the "ore for"al instr#"ents H treaties and conventions( They so"eti"es ta&e the for" of e chan!e of notes and at other ti"es that of "ore for"al doc#"ents deno"inated +a!ree"ents+ or +)rotocols+( The )oint where ordinary corres)ondence between this and other !overn"ents ends and a!ree"ents H whether deno"inated e ec#tive a!ree"ents or e chan!e of notes or otherwise H be!in, "ay so"eti"es be diffic#lt of ready ascertain"ent( 6har"ace#tical vs( I7< Non%c#sto"ary laws need to be transfor"ed into local le!islation before it can be bindin!2 ratification and conc#rrence of Senate( Article &III Section 1: 'udicial Po:er +arbury s! +adison E#dicial review2 a#thority of the co#rt to in9#ire into the acts of the branches of !overn"ent or instr#"entalities thereof( Santia(o s! Bautista E#dicial f#nction is an act )erfor"ed by virt#e of ,#dicial )owers* the e ercise of which is the doin! of so"ethin! in the nat#re of the action of the co#rt( 1n order that a s)ecial action of certiorari "ay be invo&ed in this ,#risdiction, the followin! "#st
e ist2 a( That there "#st be a s)ecific controversy involvin! the ri!hts of )ersons or )ro)erty* b( S#ch controversy is bro#!ht before a trib#nal, board, or officer for hearin! and deter"ination of ri!hts and obli!ations( +anila Electric s! Pasay Transit The S#)re"e Co#rt and its "e"bers sho#ld not and cannot be re9#ired to e ercise any )ower or to )erfor" any tr#st or to ass#"e any d#ty not )ertainin! to or connected with the ad"inisterin! of ,#dicial f#nctions( The )ower conferred on this co#rt is e cl#sively ,#dicial, and it cannot be re9#ired or a#thori-ed to e ercise any other( ( ( ( 1ts ,#risdiction and )owers and d#ties bein! defined in the or!anic law of the !overn"ent, and bein! all strictly ,#dicial, Con!ress cannot re9#ire or a#thori-e the co#rt to e ercise any other ,#risdiction or )ower, or )erfor" any other d#tyL /nd while it e ec#tes fir"ly all the ,#dicial )owers entr#sted to it, the co#rt will caref#lly abstain fro" e ercisin! any )ower that is not strictly ,#dicial in its character, and which is not clearly confided to it by the Constit#tion( Noble.as s! Teehan8ee E#dicial )ower does not incl#de the )ower to disci)line officers in others branches of !overn"ent with e9#al ran& as that of a ,#d!e( This is beyond the ,#dicial s)here( Radio:ealth s! A(re(ado The P)reservation of E#diciaryMs inte!rity and effectiveness is necessaryQ( Corollary to this is the )ower of ,#diciary to "aintain its e istence( The 9#ality of the !overn"ent de)ends #)on the inde)endence of ,#diciary and the officials of the !overn"ent cannot de)rive the co#rts of anythin! which is vital to their f#nctions( =#rther"ore, the )rero!atives of this co#rt which the Constit#tion sec#res a!ainst
interference incl#de not only the )owers to ad,#dicate cases b#t all thin!s that are 40/S7N/.LU necessary for the ad"inistration of ,#stice( The )#rchase of the necessary e9#i)"ent wo#ld contrib#te to a "ore effective ,#diciary( Lastly, these are i")lied and incidental )owers that are as essential to the e istence of the co#rt as the )owers s)ecifically !ranted to it( In re Laureta The Co#rt8s a#thority and d#ty #nder the )re"ises is #n"ista&able( 1t "#st act to )reserve its honor and di!nity fro" the sc#rrilo#s attac&s of an irate lawyer, "o#thed by his client, and to safe!#ard the "orals and ethics of the le!al )rofession( In re Borromeo E#d!es "#st be free to ,#d!e, witho#t )ress#re or infl#ence fro" e ternal forces or factors( They sho#ld not be s#b,ect to inti"idation, the fear of civil, cri"inal or ad"inistrative sanctions for acts they "ay do and dis)ositions they "ay "a&e in the )erfor"ance of their d#ties and f#nctions( <ence it is so#nd r#le, which "#st be reco!ni-ed inde)endently of stat#te that ,#d!es are not !enerally liable for acts done within the sco)e of their ,#risdiction and in !ood faith( The Co#rt has re)eatedly and #nifor"ly r#led that a ,#d!e "ay not be held ad"inistratively acco#ntable for every erroneo#s order or decision he renders( The e ercise of the )ower of conte")t of the co#rt is valid( ,irector o) Prisons s! An( Cho -io The )ower to revo&e a conditional )ardon is within the real" of the e ec#tive, and does not fall within the ,#risdiction of the ,#diciary( Neither does the ,#diciary have the )ower to !ive advisory o)inions( 1ts "ain d#ty is to settle dis)#tes and #)hold ri!hts, in the absence of which it cannot render o)inions, as this is not one of its f#nctions( Eche(aray s! Sec! o) 'ustice The finality of a ,#d!"ent does not "ean the Co#rt has lost all its )owers over the case( .y the finality of the ,#d!"ent, what the co#rt loses is its ,#risdiction to a"end, "odify, or alter the sa"e( The co#rt still has ,#risdiction to e ec#te and enforce it(
The )ower to control the e ec#tion of its decision is an essential as)ect of ,#risdiction( S#)ervenin! events "ay chan!e the circ#"stance of the )arties and co")el co#rts to intervene and ad,#st the ri!hts of the liti!ants to )revent #nfairness( 6ost)one"ent of the date2 The )artic#lars of the e ec#tion itself are absol#tely #nder the control of the ,#dicial a#thority, while the e ec#tive has no )ower over the )erson of the convict e ce)t to )rovide for carryin! o#t of the )enalty and to )ardon( The date can be )ost)oned, even in sentences of death( Under the co""on law this )ost)one"ent can be ordered in A ways2 $1' by co""and of the Fin! $2' by discretion of the co#rt $A' by "andate of the law( PC%% s! ,isierto The Constit#tion has tas&ed this Co#rt Pto deter"ine whether or not there has been !rave ab#se of discretion a"o#ntin! to lac& or e cess of ,#risdiction on the )art of any branch or instr#"entality of the :overn"ent,Q incl#din! the 7ffice of the 7"b#ds"an( S)ecifically, this Co#rt is "andated to review and reverse the o"b#ds"anMs eval#ation of the e istence of )robable ca#se, if it has been "ade with !rave ab#se of discretion( ,omin(o s! Scheer /ltho#!h the co#rts are witho#t )ower to directly decide "atters over which f#ll discretionary a#thority has been dele!ated to the le!islative or e ec#tive branch of the !overn"ent and are not e")owered to e ec#te absol#tely their own ,#d!"ent fro" that of Con!ress or of the 6resident, the Co#rt "ay loo& into and resolve 9#estions of whether or not s#ch ,#d!"ent has been "ade with !rave ab#se of discretion, when the act of the le!islative or e ec#tive de)art"ent violates the law or the Constit#tion( An(ara s! Electoral Tribunal E#dicial s#)re"acy is b#t the )ower of ,#dicial review in act#al and a))ro)riate cases and controversies, and is the )ower and d#ty to see that no one branch or a!ency of the !overn"ent transcends the Constit#tion, which is the so#rce of all a#thority( The 0lectoral Co""ission is an inde)endent constit#tional creation with s)ecific )owers and f#nctions to e ec#te and )erfor", closer for )#r)oses of classification to the le!islative than to any of the other two de)art"ents of the !overn"ent* is the sole
3 7
,#d!e of all contests relatin! to the election, ret#rns and 9#alifications of "e"bers of the National /sse"bly(
a"o#ntin! to e cess or lac& of ,#risdiction has been co""itted by any branch or instr#"entality of the !overn"ent( %arcia s! B"I There is an act#al controversy whether the )etro%che"ical )lant sho#ld re"ain in .ataan or be transferred to .atan!as( ,.umantan s! ,omin(o .ein! final arbiter, it has )ower to review the order of the Co""ission of 1""i!ration and Ie)ortation, as a branch or instr#"entality of the :overn"ent( :/I0LE +ariano s! Comelec / hy)othetical iss#e which has yet to ri)en into an act#al case is not a ,#sticiable controversy which the co#rt can ta&e co!ni-ance of( / hy)othetical iss#e which rests on "any contin!ent events does not )ose an iss#e ri)e for ad,#dication( PPI s! Comelec 1ss#e not ri)e for ,#dicial review d#e to lac& of act#al case or controversy( SB+A s! Comelec Co#rts "ay decide only act#al controversies, not hy)othetical 9#estions or cases( E#dicial )ower has been defined in ,#ris)r#dence as +the ri!ht to deter"ine act#al controversies arisin! between adverse liti!ants, d#ly instit#ted in co#rts of )ro)er ,#risdiction+( 1t is +the a#thority to settle ,#sticiable controversies or dis)#tes involvin! ri!hts that are enforceable and de"andable before the co#rts of ,#stice or the redress of wron!s for violation of s#ch ri!hts+( Th#s, there can be no occasion for the e ercise of ,#dicial )ower #nless real )arties co"e to co#rt for the settle"ent of an act#al controversy and #nless the controversy is s#ch that it can be settled in a "anner that binds the )arties by the a))lication of e istin! laws(
$S s! Ni0on The "ere assertion of an Pintra%e ec#tiveQ dis)#te does not defeat federal ,#risdiction( =#rhter"ore the attorney !eneral had conferred #)on the s)ecial )rosec#tor the #ni9#e ten#re and a#thority to re)resent the US and with this e )licit )ower to contest the invocation of e ec#tive )rivile!e in see&in! evidence dee"ed relevant to the )erfor"ance of his d#ties( /ctions of the )rosec#tor are well within the sco)e of this e )ress a#thority see&in! s)ecified evidence, which are ad"issible and relevant ot the cri"inal case at hand( Th#s the iss#e is of a ty)e considered Ptraditionally ,#sticiable,Q the fact that both officers are of the e ec branch does not bar this( +arcos s! +an(lapus :iven the e )anded ,#risdiction of the SC, it no lon!er cowers behind the )olitical 9#estion doctrine save for certain #ndeniable sit#ations s#ch as reco!nition of states or the !rant of )ardons( The SC, in the face of the )resent controversy, has the d#ty of ascertainin! whether or not the 0 ec#tive !oes beyond the )ower vested by the Constit#tion( There e ists a conflict between the ri!hts asserted by the Darcoses as o))osed to the e ercise of e ec#tive )ower by the 6resident for the )reservation of national interest and sec#rity( ,a*a s! Sin(son The iss#e )resented is ,#sticiable rather )olitical, involvin! as it does the le!ality and not the wisdo" of the act co")lained of, or the "anner of fillin! the Co""ission on /))oint"ents as )rescribed by the Constit#tion( 0ven if the 9#estion were )olitical in nat#re, it wo#ld still co"e within the )owers of review #nder the e )anded ,#risdiction conferred #)on the SC by /rticle K111, Section 1, of the Constit#tion, which incl#des the a#thority to deter"ine whether !rave ab#se of discretion
Tanada s! An(ara The co#rt cannot loo& into the wisdo" of the acts of the le!islat#re( Arroyo s! ,e &enecia The co#rts "ay only loo& into the constit#tionality of the acts of officials, and not if these acts confor" to the internal r#les of each branch of !overn"ent $<o4 r#les'( CIR s! Santos The Constit#tion conte")lates that the inferior co#rts sho#ld have ,#risdiction in cases involvin! constit#tionality of any treaty or law, for it s)ea&s of a))ellate review of final ,#d!"ents of inferior co#rts in cases where s#ch constit#tionality ha))ens to be in iss#e( .#t this a#thority does not e tend to decidin! 9#estions, which )ertain to le!islative )olicy( %arcia1Rueda s! Pascasio 5hile the 7"b#ds"an has the f#ll discretion to deter"ine whether or not a cri"inal case sho#ld be filed, this Co#rt is not )recl#ded fro" reviewin! the 7"b#ds"an8s action when there is an ab#se of discretion, in which case 4#le ?B of the 4#les of Co#rt "ay e ce)tionally be invo&ed )#rs#ant to Section 1, /rticle K111 of the 198> Constit#tion( 1n this re!ard, +!rave ab#se of discretion+ has been defined as +where a )ower is e ercised in an arbitrary or des)otic "anner by reason of )assion or )ersonal hostility so )atent and !ross as to a"o#nt to evasion of )ositive d#ty or virt#al ref#sal to )erfor" a d#ty en,oined by, or in conte")lation of law( ,e)ensor1Santia(o s! %uin(ona The )resent constit#tion now fortifies the a#thority of the co#rts to deter"ine in an a))ro)riate action the validity of the acts of the )olitical de)art"ents( 1t s)ea&s of ,#dicial )rero!ative in ter"s of d#ty2 E#dicial )ower incl#des the d#ty of the co#rts of ,#stice to settle act#al controversies involvin! ri!hts which are le!ally de"andable and enforceable, and to deter"ine whether or not there has been a :/I/L0E on the )art of any branch or instr#"entality of the !overn"ent( Tatad s! ,"E
E#dicial )ower incl#des not only the d#ty of the co#rts to settle act#al controversies involvin! ri!hts which are le!ally de"andable and enforceable, b#t also the d#ty to deter"ine whether or not there has been !rave ab#se of discretion a"o#ntin! to lac& or e cess of ,#risdiction on the )art of any branch or instr#"entality of the !overn"ent( The co#rts, as !#ardians of the Constit#tion, have the inherent a#thority to deter"ine whether a stat#e enacted by the le!islat#re transcends the li"it i")osed by the f#nda"ental law( 5here a stat#te violates the Constit#tion, it is not only the ri!ht, b#t the d#ty of the ,#diciary to declare s#ch n#ll and void( The )etitioner is not assailin! the wisdo" of the law, b#t its constit#tionality( Therefore, there is a ,#sticiable controversy( Telebap s! Comelec / ,#sticiable controversy has arisen as :D/ alla!ed that said law violates its ri!hts a!ainst de)rivation of )ro)erty witho#t ,#st co")ensation and that it has s#stained "illions of )esos in da"a!es res#ltin! therefro"( +iranda s! A(uirre PThe ter" R)olitical 9#estionM connotes what it "eans in ordinary )arlance, na"ely, a 9#estion of )olicy( 1t refers Rto those 9#estions which #nder the Constit#tion are to be decided by the )eo)le in their soverei!n ca)acity* or in re!ard to which f#ll discretionary a#thority has been dele!ated to the le!islative or e ec#tive branch of the !overn"ent(M 1t is concerned with iss#es de)endent #)on the wisdo", not le!ality, of a )artic#lar "eas#re(Q P/ )#rely ,#sticiable iss#e i")lies a !iven ri!ht, le!ally de"andable and enforceable, an act or o"ission violative of s#ch ri!ht, and a re"edy !ranted and sanctioned by law, for said breach of ri!ht(Q Cutaran s! ,ENR There is no ,#sticiable controversy beca#se the a))lications are still )endin!( <ence, there is not !overn"ent act to s)ea& of and r#le #)on( Estrada s! ,isierto 4eview of the inability of the )resident to )erfor" his d#ties and the decision of Con!ress is no lon!er a )olitical 9#estion( Co#rts cannot e )and e ec#tive i""#nity fro" s#it( The 198> Constit#tion has narrowed the reach of the )olitical 9#estion doctrine when it e )anded the )ower of ,#dicial review of this co#rt not only to settle act#al controversies involvin! ri!hts which are le!ally de"andable and enforceable b#t also to deter"ine whether or not there has been a !rave ab#se of discretion
3 9
a"o#ntin! to lac& or e cess of ,#risdiction on the )art of any branch or instr#"entality of !overn"ent( The ,#diciary has foc#sed on the Ptho# shall notMsQ of the Constit#tion( Ca:alin( s! Comelec / )olitical 9#estion is one in which the wisdo", e )ediency or ,#stice of the le!islative enact"ent is bein! 9#estioned( The co#rts cannot r#le on the wisdo" of the laws( +ontesclaros s! Comelec / )ro)osed bill cannot be the s#b,ect of ,#dicial review beca#se it is not a law( E#dicial review "ay only be e ercised after a laws has been )assed, not before it( 'ohn >ay s! Lim The co#rts retain f#ll discretionary )ower to ta&e co!ni-ance of the )etition filed directly to it if co")ellin! reasons or the nat#re and i")ortance of the #ses raised, warrant( 4e"andin! the case to the lower co#rts wo#ld #nd#ly )rolon! the case( &elarde s! S'S 4e9#ire"ents for declaratory relief so#!ht by res)ondents are2 1' ,#sticiable controversy, 2'controversy is between )eo)le whose interests are adverse, A' )arty see&in! relief has a le!al interest in the controversy and 3' the iss#e is ri)e for ,#dicial deter"ination( / ,#sticiable controversy refers to an e istin! case or controversy that is a))ro)riate or ri)e for ,#dicial deter"ination, not one which is "erely one of con,ect#re or "erely antici)atory( This )etition failed to alle!e an e sitn! controversy or dis)#te between the )etitioner and the na"ed res)ondents( Pan(aniban s! Shell The co#rt cannot r#le of Pfeared hy)othetical ab#seQ2 not an act#al case or controversy( There is not ca#se of action( No in,#ry or encroach"ent of ri!ht le!ally enforceable or de"andable( S+ART s! NTC
The co#rt has ,#risdiction over ad"inistrative iss#ances of a!encies, which were iss#ed in the e ercise of their 9#asi%le!islative, and not 9#asi%,#dicial f#nction( Buac s! Comelec 4eco#nt of )lebiscite ballots is e cl#sively within the real" of the Co"elec2 not to be interfered with by the co#rts( In)ormation Technolo(y s! Comelec The co#rt does not !ive advisory o)inions( 1t can nly r#le on act#al cases or controversies, involvin! ri!hts which are le!ally de"andable and enforceable( +acasiano s! N>A 4e9#isites for declaratory relief2 1' There "#st be a ,#sticiable controversy* 2' The controversy "#st be between )ersons whose interests are adverse* and A' The )arty see&in! declaratory relief "#st have a le!al interest in the controversy( Tano s! Socrates Co#rt will not entertain direct resort #nless redress desired cannot be obtained in a))ro)riate co#rt and when there is e ce)tional circ#"stance to ,#stify avail"ent of re"edy( Section 5: Po:er o) Le(islature to Apportion 'urisdiction +antruste s! CA The co#rt is )rohibited by law to interfere with, or bloc&, a decision of an e ec#tive a!ency( +ala(a &s! Penachos Co#rts are not barred fro" iss#in! restrainin! orders a!ainst !overn"ent entities, if the re9#ire"ents and )roced#res set by law are followed( Section 3: #iscal Autonomy
In Re Clari)yin( and Stren(thenin(G! The a#thority of the I.D to PreviewQ the )lantilla and co")ensation of co#rt )ersonnel e tends only to Pcallin! the attention of the Co#rtQ on what it "ay )erceive as erroneo#s a))lication of b#d!etary laws and r#les on )osition classification( Section D: Compositions and Sessions #ortrich s! Corona it is clear that only cases are referred to the Co#rt en banc for decision whenever the re9#ired n#"ber of votes is not obtained( Conversely, the r#le does not a))ly where, as in this case, the re9#ired three votes is not obtained in the resol#tion of a "otion for reconsideration( <ence, the second sentence of the afore9#oted )rovision s)ea&s only of PcaseQ and not P"atterQ( The reason is si")le( The above%9#oted /rticle K111, Section 3$A' )ertains to the dis)osition of cases by a division( 1f there is a tie in the votin!, there is no decision( The only way to dis)ose of the case then is to refer it to the Co#rt en banc( 7n the other hand, if a case has already been decided by the division and the losin! )arty files a "otion for reconsideration, the fail#re of the division to resolve the "otion beca#se of a tie in the votin! does not leave the case #ndecided( There is still the decision which "#st stand in view of the fail#re of the "e"bers of the division to "#ster the necessary vote for its reconsideration( W#ite )lainly, if the votin! res#lts in a tie, the "otion for reconsideration is lost( The assailed decision is not reconsidered and "#st therefore be dee"ed affir"ed( People s! ,y The divisions of the S#)re"e Co#rt are not different and distinct fro" the act#al trib#nal( 1t can be said that the decisions )ro"#l!ated by each division are act#ally decisions of the S#)re"e Co#rt en banc( Section 4: Po:ers o) the Supreme Court
The co#rt "ay s#s)end )roced#ral r#les to !ive way for s#bstantive ,#stice( The re9#isite of havin! an act#al case or controversy ri)e for ad,#dication $in invo&in! the co#rtMs )ower of ,#dicial review' "ay be waived by the co#rt in cases of transcendental i")ortance( +ilitante s! CA Pimentel s! >RET /ll re"edies "#st first be e ha#st before see&in! reco#rse to the co#rts2 if the iss#e involves the r#les of the <o4 re!ardin! the co")osition of <40T and the C/, then the )ro)er reco#rse is thro#!h the <o4, and not the co#rts( %on*ales s! +acarai( De"bers of con!ress have the re9#isite standin! to raise constit#tional iss#es( 'a:ors8i s! PA%C"R De"bers of Con!ress have standin! to file s#its assailin! the le!ality of acts of other branches of !overn"ent, or instr#"entalities thereof( Pro ince o) Batan(as s! Romulo The cr#cial le!al iss#e s#b"itted for resol#tion of this Co#rt entails the )ro)er le!al inter)retation of constit#tional and stat#tory )rovisions( Doreover, the Ptranscendental i")ortanceQ of the case, as it necessarily involves the a))lication of the constit#tional )rinci)le on local a#tono"y, cannot be !ainsaid( The nat#re of the )resent controversy, therefore, warrants the rela ation by this Co#rt of )roced#ral r#les in order to resolve the case forthwith( ,isoman(cop s! ,atumanon( C>R1employees s! C>R
PAC$ s! Sec! o) Education .efore a case can be filed with the S#)re"e Co#rt, the )etitioners "#st first e ha#st all available ad"inistrative re"edies, and it is enc#"bent #)on the" to )rove that their ri!hts have been violated( Tan s! +acapa(al Solicitor %eneral s! ++,A
Pimentel s! E0ec! Sec! In)o! Tech! #oundation s! Comelec &elarde s! S'S ,omin(o s! Cara(ue
4 1
Republic s! Nolasco Le(aspi s! CSC PASEI s! Torres 'oya s! PC%% Tatad s! %arcia
1n addition, )etitioners, as ta )ayers, )ossess the ri!ht to restrain officials fro" wastin! )#blic f#nds thro#!h the enforce"ent of an #nconstit#tional stat#te( 1t is well%settled that a ta )ayer has the ri!ht to en,oin )#blic officials fro" wastin! )#blic f#nds thro#!h the i")le"entation of an #nconstit#tional stat#te, and by necessity, he "ay assail the validity of a stat#te a))ro)riatin! )#blic f#nds( The ta )ayer has )aid his ta es and contrib#ted to the )#blic coffers and, th#s, "ay in9#ire into the "anner by which the )roceeds of his ta es are s)ent( The e )endit#re by an official of the State for the )#r)ose of ad"inisterin! an invalid law constit#tes a "isa))lication of s#ch f#nds( Lo*ano s! +acapa(al1Arroyo
Board o) "ptometry s! Colet 7nly nat#ral and ,#ridical )ersons or entities a#thori-ed by law "ay be )arties in a civil action, and every action "#st be )rosec#ted or defended in the na"e of the real )arty in interest( Under /rticle 33 of the Civil Code, an association is considered a ,#ridical )erson if the law !rants it a )ersonality se)arate and distinct fro" that of its "e"bers( / real )arty in interest #nder Section 2 4#le A of the 4#les of Co#rt is a )arty who stands to be benefited or in,#red by the ,#d!"ent on the s#it, or the )arty entity led to the avails of the s#it( Since 76/6, C7/, /CD7, and SD7/6 were not shown to be ,#ridical entities, they cannot be dee"ed real )arties in interest( Anti1%ra)t Lea(ue o) the Philippines Telecom s! Comelec Cru* s! Sec! o) ,ENR 6etitioners, as citi-ens, )ossess the P)#blic ri!htQ to ens#re that the national )atri"ony is not alienated and di"inished in violation of the Constit#tion( Since the !overn"ent, as the !#ardian of the national )atri"ony, holds it for the benefit of all =ili)inos witho#t distinction as to ethnicity, it follows that a citi-en has s#fficient interest to "aintain a s#it to ens#re that any !rant of concessions coverin! the national econo"y and )atri"ony strictly co")lies with constit#tional re9#ire"ents( Th#s, the )reservation of the inte!rity and inviolability of the national )atri"ony is a )ro)er s#b,ect of a citi-enMs s#it(
Lim s! E0ec! Sec! Tho#!h bein! lawyers does not !rant these )etitioners standin! beca#se of lac& of s#fficient interest $1.6 v ;/D74/' and there was no e ercise of Con!ressM s)endin! )owers to warrant a ta )ayerMs s#it, this iss#e is one of transcendental i")ortance $to the )#blic', where the SC can rela the standin! re9#ire"ents and allow the s#it to )ros)er( Cha e* s! PEA The )etitioner has loc#s standi beca#se of his invocation of his ri!ht to infor"ation and to the e9#itable diff#sion of nat#ral reso#rces is a "atter of transcendental )#blic i")ortance( =#rther"ore, since 60/ did not cond#ct )#blic biddin!, there was no infor"ation released to the )#blic re!ardin! the details of its dis)osition of )ro)erty( <ence, any citi-en can de"and fro" 60/ this infor"ation at any ti"e d#rin! the biddin! )rocess, b#t only #)on the co""itteeMs official reco""endation $beca#se the ri!ht to info only attaches #)on that "o"ent'( Tolentino s! Comelec 7rdinarily, the )etition will be dis"issed beca#se first, the )etitioners only assert a har" which is a !enerali-ed and not a )artic#lar interest( Second, there was no alle!ation that ta )ayerMs "oney was "is#sed by the C7D0L0C in violation of s)ecific constit#tional )rotections( <owever, beca#se of the nat#re of the iss#es as
bein! i"b#ed with )#blic interest $ri!ht of s#ffra!e' and one which will "ost li&ely arise a!ain, the )etitioners are !ranted standin! to file( A(an s! PIATC" The )etitioners are e")loyees of service )roviders c#rrently o)eratin! at the D1// and service )roviders who have contracts with D1//( They will s#rely s#stain direct in,#ry #)on the i")le"entation of the 61/TC7 contracts beca#se they will be dis)laced by new e")loyeesGservice )roviders th#s losin! their "eans of livelihood( =#rther"ore, the iss#es )osed in the cases re9#ired a disc#ssion of the .7T Law and its constit#tionality( Tichan(co s! Enri2ue* 1nterest "eans a "aterial interest in iss#e that is affected by the 9#estioned act or instr#"ent, as distin!#ished fro" a "ere incidental interest( 1t cannot be va!#e, s)ec#lative or #ncertain( AI7A s! Romulo 6etitioners "#st show that they have s#stained or will s#stain a direct in,#ry as a res#lt of the e ec#tive or le!islative act bein! 9#estioned( 1n the absence of s#ch showin! the case will not )ros)er( Pimentel s! E0ec! Sec The 4o"e Stat#te is "erely intended to co")le"ent national cri"inal laws and co#rts( S#fficient re"edies are available #nder o#r national laws to )rotect o#r citi-ens a!ainst h#"an ri!hts violations( Senate s! Ermita The interest of the )etitioner in assailin! the constit#tionality of laws "#st be direct and )ersonal( 5hen the )roceedin! involves the assertion of a )#blic ri!ht, the "ere fact that he is a citi-en satisfies the re9#ire"ent of )ersonal interest( Puro8 s! 9uipico The !eneral r#le is that all actions "#st be )rosec#ted and defended by the real )arties in interest and in the na"e of the real )arty in interest( /n association has the le!al )ersonality to re)resent its "e"bers and the o#tco"e case will affect their vital interest( /dditionally, an association has standin! to file s#it for its "e"bers des)ite its lac& of direct interest if its "e"bers are affected by the action(
,a id s! Arroyo >oly Spirit s! ,e)ensor The )etitioner association has le!al standin! to file the )etition 57N it is the d#ly reco!ni-ed association of ho"eowners in the N:C( There is no dis)#te that the individ#al "e"bers of the <S6S/1 are residents of the N:C( They are covered and stand to be benefited or in,#red by the enforce"ent of the 144 $)artic#larly as re!ards the selection )rocess of beneficiaries and lot allocation to 9#alified beneficiaries'( Th#s, the )etitioner "ay assail the 144 if it believes it to be #nfavorable to the ri!hts of its "e"bers( =#rther"ore, the )etitioners have s#stained in,#ry beca#se of the enforce"ent of the 144 beca#se they were dis9#alified and eli"inated fro" the selection )rocess $of bein! considered as bona fide residents', >enares s! LT#RB The )etitioners have standin! to brin! this iss#e to co#rt( This )etition foc#ses on their f#nda"ental le!al ri!ht to clean air( This ri!ht is an iss#e of )ara"o#nt i")ortance for it concerns the air they breathe and it is i"b#ed with )#blic interest( The conse9#ences of the co#nter)rod#ctive effects of a ne!lected environ"ent d#e to "otor vehicle e"issions affect the well%bein! of everyone( #rancisco s! #ernando =rancisco has no standin! beca#se he did not show that he has )ersonally s#ffered so"e in,#ry fro" the alle!ed ille!al cond#ct of the !overn"ent( <e also did not show that he had a s#fficient interest in )reventin! the ille!al e )endit#re of ta "oney( There is also no transcendental i")ortance beca#se he did not show a clear disre!ard of a constiGstat#tory )rohibition( 7n the lac& of le!al basis, all other cities have each enacted anti%,aywal&in! ordinances( S#ch fact serves as s#fficient basis for DDI/Ms sche"e( /fter all, the DDI/ is an ad"in a!ency tas&ed with the i")le"entation of r#les and re!#lations( =#rther"ore, the absence of an anti%,aywal&in! ordinance in Kalen-#ela does not detract fro" this concl#sion beca#se there was no )roof that the DDI/ i")le"ented the sche"e in that city( People s! &era 1t has been held that since the decree )rono#nced by a co#rt witho#t ,#risdiction is void, where the ,#risdiction of the co#rt de)ends on the validity of the stat#e in 9#estion, the iss#e of the constit#tionality will be considered on its bein! bro#!ht to the attention of the co#rt by )ersons interested in the effect to be !iven the stat#te( /lso, it is tr#e that as a !eneral r#le, the 9#estion of constit#tionality "#st be raised at
4 3
the earliest o))ort#nity( There are e ce)tions( Co#rts, in the e ercise of so#nd discretion, "ay deter"ine the ti"e when a 9#estion affectin! the constit#tionality of a stat#te sho#ld be )resented( 1n civil cases, it has been held that it is the d#ty of the co#rt to )ass on the constit#tional 9#estions, even if it was raised for the first ti"e on a))eal 1= it a))ears that a deter"ination of the 9#estion is necessary to a decision of the case( /s to the )ower of the co#rt to consider the constit#tional 9#estion raised for the first ti"e in these )roceedin!s, the SC is of the o)inion is that the 6eo)le of the 6hili))ines and the =iscal of the City of Danila is a )ro)er )arty in these )roceedin!s( The r#le is that the )erson who i")#!ns the validity of a stat#te "#st have a s#bstantial interest in the case( The enforce"ent of an invalid stat#te is detri"ental to )#blic interest( Th#s, the state has standin! to s#e( +irasol s! CA The )resent case was instit#ted )ri"arily for acco#ntin! and s)ecific )erfor"ance( The C/ correctly r#led that 6N.Ms obli!ation to render an acco#ntin! is an iss#e which can be deter"ined witho#t havin! to r#le on the validity of 6I B>9( 1t is not the lis "ota of the case( +atiba( s! Benipayo The earliest o))ort#nity is to raise it in the )leadin!s before a co")etent co#rt that can resolve the sa"e( La Bu(al s! Ramos The Pearliest o))ort#nityQ re9#ire"ent sho#ld not be ta&en to "ean that the 9#estion of constit#tionality "#st be i""ediately raised after the e ec#tion of the act co")lained of( That the 9#estion of constit#tionality has not been raised before is not a valid reason for ref#sin! to allow it to be raised later( Arceta s! +an(roban( The constit#tional 9#estion is not the lis "ota in the case( To ,#stify a lawMs n#llification, there "#st be a clear breach of the Consti and not one which is s)ec#lative( Estar.a s! Ranada
The law re9#ires that the 9#estion of constit#tionality be raised at the earliest o))ort#nity( 1n this case, 0stari,a raised the iss#e of constit#tionality in his D4 to the 7D.( Kerily, the 7D. has no ,#risdiction to entertain 9#estions on the constit#tionality of a law( Th#s, when )etitioner raised the iss#e of constit#tionality before the C/, the constit#tional 9#estion was raised at the earliest o))ort#nity( =#rther"ore, this co#rt "ay deter"ine when a constit#tional iss#e "ay be )assed #)on( Ba8er s! Carr 6olitical 9#estions are those 9#estions #nder the Constit#tion, are to be decided by the )eo)le in their soverei!n ca)acity, or in re!ard to which f#ll discretionary a#thority has been dele!ated to the le!islativeGe ec#tive branch of the !overn"ent( Cases which are )olitical in nat#re as follows2 a( b( c( d( e( f( Te t#ally de"onstrable constit#tional co""it"ent of the iss#e to a coordinate )olitical de)art"ent $iss#es of forei!n affairs and e ec#tive war )owers, )arlia"entary r#les and re!#lations' / lac& of ,#dicially discoverable and "ana!eable standards for resolvin! the iss#e 1")ossibility of decidin! witho#t an initial )olicy deter"ination of a &ind clearly for non,#dicial discretion $51SI7D' 6ossible infrin!e"ent of se)aration of )owers /n #n#s#al need for #n9#estionin! adherence to a )olitical decision already "adeZ 6otentiality of e"barrass"ent fro" "any )rono#nce"ents by vario#s de)art"ents on one 9#estion Z
Si!nificantly in the 6hili))ines, since the Constit#tion e")owers the SC to chec& for :/IL0E of other branches, the 9#estion is not )olitical even if there is the )resence of e and f( "mena s! Pendatun The resol#tion was #nani"o#sly a))roved by the Con!ress and s#ch a))roval
a"o#nted to the s#s)ension of Con!ress r#les, which can be done by #nani"o#s consent $therefore they can ta&e #) "atters already dealt with'( 1n concl#sion, the co#rts "ay not interfere with internal r#les and re!#lations of the Con!ress #nless Constit#tional ri!hts are violated( Arroyo s! ,e &enecia The wisdo" of ho#se r#les $)roced#re' cannot be ,#dicially deter"ined o#t of res)ect for the se)aration of )owers( ,e)ensor1Santia(o s! %uin(ona The Senate "ay deter"ine its r#les when it co"es to votin! for the "inority leader as it is not constit#tionally )rovided for( 7nly the "anner of electin! the Senate 6resident and <o#se S)ea&er is )rovided for in the Constit#tion( P0ach <o#se shall choose s#ch officers as it "ay dee" necessaryQ( IC+C s! Calle.a The deter"ination of i""#nities accorded to international or!ani-ations has been held to be a )olitical 9#estion concl#sive #)on the co#rts in order not to e"barrass a )olitical de)art"ent of the :overn"ent( 1f a )lea of di)lo"atic i""#nity is reco!ni-ed by the e ec#tive, it is the d#ty of the co#rts to acce)t the sa"e( These or!ani-ations are !ranted i""#nities to )revent control or interference fro" the local host !overn"ent $#ni")eded )erfor"ance'( Tanada s! An(ara 5here an action of the le!islative branch is alle!ed to have infrin!ed the Constit#tion, it beco"es the ,#diciaryMs d#ty to settle the dis)#te( The Constit#tion "#st be #)held( The SC stresses, tho#!h, that the Co#rt will not review the wisdo" $reasons why' the Senate conc#rred in the 5T7 a!ree"ent or )ass #)on the "erits of trade liberali-ation as a )olicy es)o#sed by the 5T7( 1t will also not r#le on the )ro)riety of the !overn"entMs )olicy of re"ovin! ta es, s#bsidies and other i")ort barriers( 1t will only chec& if Senate co""itted :/IL0EGviolated the Constit#tion in ratifyin! the 5T7 a!ree"ent( %arcia s! Corona The co#rt is bo#nd to res)ect the le!islative findin! that dere!#lation is the )olicy answer to the )roble" of hi!h oil )rices( Lian( s! People
Slanderin! a )erson co#ld not be covered by the i""#nity a!ree"ent beca#se o#r laws do not allow the co""ission of a cri"e $defa"ation' in the na"e of an official d#ty( The i")#tation of theft cannot be )art of official f#nctions( Under the Kienna Convention on Ii)lo"atic 4elations, a di)lo"atic a!ent, en,oys i""#nity fro" cri" ,#risdiction of the receivin! state e ce)t in the case of an action relatin! to any co""ercialG)rofessional activity e ercised by the a!ent in the receivin! state o#tside his official f#nctions( ,e A(bayani s! PNB This is "erely to reflect awareness that )recisely beca#se the ,#diciary is the !overn"ental or!an which has the final say on whether or not a le!islative or e ec#tive "eas#re is valid, a )eriod of ti"e "ay have ela)sed before it can e ercise the )ower of ,#dicial review that "ay lead to a declaration of n#llity( 1t wo#ld be to de)rive the law of its 9#ality of fairness and ,#stice then, if there be no reco!nition of what had trans)ired )rior to s#ch ad,#dication( The act#al e istence of a stat#te, )rior to s#ch a deter"ination [of #nconstit#tionality], is an o)erative fact and "ay have conse9#ences which cannot ,#stly be i!nored( The )ast cannot always be erased by a new ,#dicial declaration( Cha e* s! People 1t is only in cases where the )enalty is death that the 4TC "#st forward the records of the case to the SC for a#to"atic review( Since the )etitioners did not file an a))eal, the decision of their conviction and sentence to 46 is final and #na))ealable( Pearson s! IAC The SC has C7NCU440NT ,#risdiction with the 1/C $now C/' and C=1 $now 4TC' to iss#e e traordinary writs( 6arties sho#ld see& )ro)er relief fro" lower co#rts before !oin! to the SC( 1f the C/ or 4TC can co")etently iss#e e traordinary writs, the )rinci)le of hierarchy of co#rts "#st be )reserved( People s! +ateo To ens#re #t"ost ins)ection before the )enalty of death, 46 or L1 is i")osed, the Co#rt now dee"s it wise to )rovide in these cases a review by the C/ before the case is elevated to the SC( The need for an inter"ediate review by the C/ is "erely a )roced#ral "atter that is Constit#tionally vested in the SC( Cebu 7omenFs Club s! ,e La &ictoria / )arty "ay directly a))eal to the SC fro" a decision of the trial co#rt only on )#re
4 5
9#estions of law( The )etition does not involve )#re 9#estions of law beca#se a 9#estion of law arises when the do#bt or difference arises as to what the law is on a certain set of facts as distin!#ished fro" a 9#estion of fact which occ#rs when the do#bt or difference arises as to the tr#th or falsehood of the facts( People s! %utierre* 1t is within the )ower of the co#rts to deter"ine the "ost s#itable )lace of the trial( The E#dicial 6ower vested in the SC and it connotes certain inherent attrib#tes necessary for an effective ad"inistration of ,#stice( 7ne of these inherent )owers is that of the transfer of trial of cases fro" one co#rt to another( #irst Lepanto s! CA 4eview of .71 decisions H first to C/( Lina s! Purisima 1f in any case elevated to this Co#rt for the correction of any s#))osed )roced#ral error of any lower co#rt, it sho#ld be fo#nd that indeed there has been a "ista&e, and it f#rther a))ears that all the facts needed for a co")lete deter"ination of the whole controversy are already before the Co#rt, the SC "ay at its o)tion dis)ense with the #s#al )roced#re of re"andin! and instead resolve the )ertinent iss#es and render final ,#d!"ents on the "erits( In Re: Cunanan Con!ress "ay re)eal, alter and s#))le"ent the r#les )ro"#l!ated by the SC b#t the a#thority and res)onsibility over the ad"ission of attorneys re"ain vested in the SC( In Re: A(rosino The )ractice of law is a )ersonal )rivile!e li"ited to citi-ens of !ood "oral character, with s)ecial ed#cational 9#alifications, d#ly ascertained and certified( 'a ellana s! ,IL% These "erely )rescribe r#les of cond#ct for )#blic officials to avoid conflicts of interest between the dischar!e of )#blic d#ties and the )rivate )ractice of law, and do not infrin!e on the SCMs )ower and a#thority to )ro"#l!ate r#les re!ardin! the
)ractice of law( .#stos vs( L#cero S#bstantive law is that )art of the law which creates, defines and re!#lates ri!hts as o))osed to re"edial law, which )rescribes the "ethod of enforcin! ri!htsGobtain redress for invasion( /s a))lied to cri"inal law, s#bstantive law is that which declares what acts are cri"es and )rescribes the )#nish"ent for co""ittin! the", as distin!#ished fro" )roced#ral law which )rovides or re!#lates the ste)s by which one who co""its a cri"e is to be )#nished( 6reli"inary investi!ation is e"inently re"edial $bein! the first ste) ta&en in a cri"inal )rosec#tion'( The c#rtail"ent of the ri!ht of an acc#sed in a )reli" investi!ation to cross e a"ine the witnesses who had !iven evidence for his arrest does not offend the Constit#tion( 6reli" investi!ation is not an essential )art of d#e )rocess $it "ay s#))ressed entirely'( =inally,nit is inevitable that the SC in "a&in! r#les sho#ld ste) on s#bstantive ri!hts, and the Constit#tion "#st be )res#"ed to tolerate if not e )ect s#ch inc#rsion as does not affect the acc#sed in a harsh and arbitrary "anner b#t o)erates only in a li"ited and s#bstantial "anner to his disadvanta!e( 1t has the )ower to ado)t a !eneral and co")lete syste" of )roced#re( Santero s! C#I o) Ca ite / s#bstantive law, !ives the s#rvivin! s)o#se and to the children the ri!ht to receive s#))ort d#rin! li9#idation, s#ch ri!ht cannot be i")aired by the 4#les of Co#rt, which is a )roced#ral r#le( PNB s! Asuncion / )roced#ral r#le cannot a"end a s#bstantive law( ,amasco s! La2ui 6hili))ine ,#ris)r#dence considers )rescri)tion of a cri"e or offense a loss or waiver by the State of its ri!ht to )rosec#te an act )rohibitedG)#nished by law( 5hile it is the r#le that an acc#sed who fails to "ove to 9#ash before )leadin!, is dee"ed to waive all ob,ections, yet this r#le cannot a))ly to the defense of )rescri)tion, which #nder /rt ?9 of the 46C e tin!#ishes cri"inal liability(
Carpio s! Sulu Resources 5hen the SC, in its e ercise of its r#le%"a&in! )ower, transfers to the C/ )endin! cases involvin! a review of a 9#asi%,#dicial bodyMs decisions [D/.Ms], s#ch transfer only relates to )roced#re and it does not i")air s#bstantive ri!hts beca#se the a!!rieved )artyMs ri!ht to a))eal is )reserved and what is chan!ed is only the )roced#re by which the a))eal is to be "ade or decided( Land Ban8 s! ,e Leon / )etition for review, not an ordinary a))eal, is the )ro)er )roced#re in effectin! a))eal fro" decisions of S)ecial /!rarian Co#rts in cases involvin! the deter"ination of ,#st co")ensation to the landowners concerned( People s! Lacson 1f a cri"inal case is )rovisionally dis"issed witho#t e )ress consent, the new r#le wo#ld not a))ly( 1n this case, the 11 infor"ations in cri"inal cases were filed with the 4TC which was well within the two year )eriod therefore the D4 is !ranted and the 4TC is directed to )roceed with the cri"inal cases( Planters s! #ertiphil 4etroactive a))lication is only allowed if no vested ri!hts are i")aired( 1n the case, at the ti"e 661 filed its a))eal in 1992, all that the r#les re9#ire for the )erfection of its a))eal was the filin! of a notice of a))eal( 661 co")lied with this re9#ire"ent when it filed a notice of a))eal( Th#s, the 199> 4#les of Civ6ro which too& effect on 199> and re9#ired doc&et fees cannot affect 661Ms a))eal which was already )erfected in 1992( In Re: 5EE3 Bar E0aminations Iisbar"ent d#e to violation of 4#le 1(@1 of Canon 1 as well as Canon > of the Code of 6rofessional 4es)onsibility $a lawyer shall not en!a!e in #nlawf#l, dishonest and i""oral cond#ctG#)hold the inte!rity and di!nity of the le!al )rofession'( Tan s! Bausch SC has a#thority to transfer ,#risdiction thro#!h /d"inistrative 7rder( Tan s! Comelec 4eview of r#les of 9#asi%,#dicial bodies(
Article IH: Constitutional Commissions

C!3!' Ser3!5e C(2:( !$!(# )*&'!%!5&$!(# B c'air!an an3 C co!!issioners Natural-"orn, DE < $rs ol3, capacit$ for pu"lic a3.: not can3i3ate for elcti&e position in elctions i!!e3iatel$ prece3ing appt C(2e'e5 B c'air!an an3 1 co!!issioners Natural-"orn, DE< $rs ol3, college gra3.: not can3i3ate for elcti&e position in elctions i!!e3iatel$ prece3ing appt: !a%. @nclu3ing c'air!an s'oul3 "e !e!"er of "ar, < B2 $r practice 9 $rs ,/out reappoint!ent (staggere3) Presi3ent ,/ #8 appro&al =lectoral process C(22! !(# (# A*"!$ B c'air!an an3 C co!!isisioners Natural-"orn, DE < $rs ol3, #P8 (B2 $rs au3iting e4perience), or !e!"ers of t'e "ar(B2 $rs la, practice): not can3i3ate for elcti&e position in elctions i!!e3iatel$ prece3ing appt. 9 $rs ,/out reappoint!ent (staggere3) Presi3ent ,/ #8 appro&al /o&ern!ent, an$ su"3i&ision, agenc$ or instru!entalit$, inclu3ing / ##s ,/ original c'arters post-au3it0 consti "o3ies, autono!ous state uni&. an3 colleges, ot'er / ##s, N/ s ,/ go&Ft su"si3$ or equit$ =4a!ine, au3it an3 settle all accounts pertaining to t'e re&enue an3 receipts of, an3 e4pen3itures or uses of fun3s an3 propert$ o,ne3 an3 'el3 in trust "$, or pertaining to t'e go&Ft
Ter2 A::(!#$2e#$ =*r! "!5$!(#
9 $rs ,/out reappoint!ent (staggere3) Presi3ent ,/ #8 appro&al *ranc'es, su"3i&isions, instru!entalities an3 agencies of t'e go&Ft inclu3ing / ##s ,it' original c'arters
P(<er
#entral personnel agenc$ of t'e go&Ft
@nsure free, or3erl$ an3 'onest elections
4 7
Kote2 at least 1GA of all the "e"bers of <o4( Article H: Local %o ernment Territorial and Political subdi isions: 1' )rovinces, cities, "#nici)alities and baran!ays 2' /#tono"o#s re!ions $only /4DD so far' 6ower of )resident over L:U2 !eneral s#)ervision Article HI: Accountability o) Public "))icers 6#blic office2 )#blic tr#st 1")each"ent2 6resident, K6, "e"bers of SC, "e"bers of Constit#tional Co""issions, and 7"b#ds"an 4easons2 c#l)able violation of the Consti, treason, bribery, !raft and corr#)tion, other hi!h cri"es, or betrayal of )#blic tr#st( <o42 e cl#sive )ower to initiate all cases of i")each"ent 5ho "ay file2 any "e"ber of <o4, or any citi-en #)on resol#tion of endorse"ent by any "e"ber of <o4
A4r!5*'$*r&' L&#" O<#-'e& e B (% +e&r !% 'e& e" B (% ,e5$&re 9!'!:!#( C!$!Ae# ,n/lease E22 'ectares "$ lease: BC 'ectares if o,ne3 #o-pro3uction, %oint &enture or pro3uction s'aring agree!ent (license, concession/lea se) CE $ears (rene,a"le for a33tFl CE) -es 9!'!:!#( C(r:(r&$!(# +ease CE $ears B222 'ectares 9(re!4# C(r:(r&$!(#
Article HII: National Economy and Patrimony Article H&II: Amendments or Re isions Con(ress Constitutional Con ention
A2e#"2e# $ -es $es
The People
No
>o:I
#ongress0 &ote of G of all !e!"ers: consti.con&en tion @nitiati&e0 petition of at least BCH of all registere3 &oters, e&er$ legis. 3istrict represente3 "$ at least DH of registere3 &oters t'erein
Re3! !(#
$es
$es
$es
O$,er N&$. re (*r5e
9(r2 (% E@:'(!$&$!(#
B (% +e&r Tr&# %er (% Pr!3&$e '&#"
#o-pro3uction, %oint &enture or pro3uction s'aring agree!ent (license, concession/lea se) CE $ears (rene,a"le for a33tFl CE) -es
7ec'nical/finan cial assistance (large-scale) Iinerals, petroleu!, an3 ot'er !ineral oils
Amendment1 alteration of one or a few s)ecific and se)arable )rovisions(* i")rove s)ecific )arts or to add new )rovisions dee"ed necessary to "eet new conditions or to s#))ress s)ecific )ortions that "ay have beco"e obsolete or that are ,#d!ed to be dan!ero#s( Re ision < re%e a"ination of the whole doc#"ent, or of )rovisions of the doc#"ent which have over%all i")lications for the entire doc#"ent, to deter"ine ho and to what e tent they sho#ld be altered* "ay involve a re%writin! of the whole Constit#tion( 0 ( 6residential syste" to )arlia"entary H revision* chan!e of ter" of )resident H a"end"ent No amendment shall be authori*ed o)tener than once e ery 4 years! Con(ress to pro ide )or the implementation o) ri(ht to initiati e Con(ress by a ote o) 5J3 o) all its members6 may call a constitutional con ention
CANDELARIA
9r&#5,! e -es -es >ilipino: foreign) (12H 52H
No (if foreign in3i&i3ual0 onl$ in cases of 'ere3itar$ succession) No
CONSTI LAW I ATTY.
By a ote o) a ma.ority o) all its members6 it may submit to the electorate the 2uestion o) callin( a con ention! Proposed amendments or re ision: submitted all at once )or one election by the people! &alid amendment or re ision2 ratified by "a,ority of the votes cast in a )lebiscite to be held not earlier than ?@ days not later than 9@ days after the a))roval of s#ch a"end"ent or revision( Article H&III: Transitory Pro isions 1@=? Constitution < too& effect on =eb( 2, 198> $#)on ratification by the )eo)le' 6C:: H contin#ed to o)erate( +ilitary Bases: only allowed based on followin! re9#isites2 1' a treaty is entered into 2' d#ly conc#rred in by the Senate, and when Con!ress re9#ires, ratified by a "a,ority of the votes cast by the )eo)le in a national referend#" for that )#r)ose A' the treaty is reco!ni-ed as s#ch by the other contractin! State(

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CONSTI LAW I ATTY. CANDELARIA

2 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND

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1")le"entin! 4#les and 4e!#lations

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year )recedin! the day of the election 2( 6arty%list re)resentative >( 8(

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24 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND

CONSTI LAW I ATTY. CANDELARIA

Senate Pres,/Spe aker of HoR (until one qualifies) acting pres.

Senate Pres. r Speake r of HoR

Senate Pres./S peaker of HoR

26 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND

De&$,0 D! &.!'!$+1 Re !4#&$!(# A5$!#4 6SP-S78 of Pre .

Section 1;: Nature o) Appointin( Po:er

Bermude* s! E0ec! Sec!

CONSTI LAW I ATTY. CANDELARIA

Buinto1,eles s! CA /))oint"ent of sectoral re)resentatives need C/ confir"ation(

28 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND

$1Sin( s! NLRC Sa"e as Calderon Section 1?: Po:er o) Control

CONSTI LAW I ATTY. CANDELARIA

&illalu* s! /aldi ar 1nherent in the )ower to a))oint is the )ower to re"ove(

30 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND

)rero!ative of her office(

Section 1= Commander in Chie)

C&'' !# A9P -es -es -es .

S* :e#" Pr!3!'e4e (% Wr!$ (% 7&.e& C(r:* . $es $es

De5'&re ;&r$!&' L&< . $es $es

CONSTI LAW I ATTY. CANDELARIA

Section 1@: E0ecuti e Clemency

Re:r!e3e W,( e@er5! e E%%e5$

C(22*$&$ !(# Presi3ent Re!ission of part of t'e punis'!ent

A2#e $+ Pres. < !a%. f all of #ongress -a"olis'es offense (looks

Lim s! E0ec! Sec!

Presi3ent Postpones to a 3a$ certain

Presi3ent =4e!pts fro! punis'!ent (looks for,ar3)

32 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND

-relie&e3 fro! consequenc es -ci&il lia"ilit$

=4cept0 i!peac'!ent: election offense (#o!elec reco!!en3ati on)

Sa!e (if ta4 a!nest$, nee3s legislati&e concurrenc e)

/en. Rule0 nee3e3 e4cept if a"solute

CONSTI LAW I ATTY. CANDELARIA

34 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND

CONSTI LAW I ATTY. CANDELARIA