Documente Academic
Documente Profesional
Documente Cultură
2014009444
INTRODUCTION TO LAW
Atty. Chato Cabigas
Held:
INTRODUCTION TO LAW
Atty. Chato Cabigas
after the debate, then the voting comes in. Nor
does the Constitution require that the yeas and
the nays of the Members be taken every time a
House has to vote, except only in the following
instances: upon the last and third readings of a
bill ,at the request of one-fifth of the Members
present, and in re-passing a bill over the veto of
the President
In view of the enrolled bill doctrine
Under the enrolled bill doctrine, the signing of H.
No. 7198 by the Speaker of the House and the
President of the Senate and the certification by
the secretaries of both Houses of Congress that it
was passed on November 21, 1996 are
conclusive of its due enactment. This Court
quoted from Wigmore on Evidence the following
excerpt which embodies good, if old-fashioned
democratic theory: Instead of trusting a faithful
Judiciary to check an inefficient Legislature, they
should turn to improve the Legislature. The
sensible solution is not to patch and mend casual
errors by asking the Judiciary to violate legal
principle and to do impossibilities with the
Constitution; but to represent ourselves with
competent, careful, and honest legislators, the
work of whose hands on the statute-roll may
come to reflect credit upon the name of popular
government.
(In view of justifiability according to PUNO, J)
With due respect, I do not agree that the issues
posed by the petitioner are non-justifiable Nor do
I agree that we will trivialize the principle of
separation of power if we assume jurisdiction
over the case at bar. Even in the United States,
the principle of separation of power is no longer
an
impregnable
impediment
against
the
interposition of judicial power on cases involving
breach of rules of procedure by legislators. The
Constitution empowers each house to determine
its rules of proceedings. It may not by its rules
ignore constitutional restraints or violate
fundamental rights, and there should be a
reasonable relation between the mode or method
of proceedings established by the rule and the
result which is sought to be attained. But within
these limitations all matters of method are open
INTRODUCTION TO LAW
Atty. Chato Cabigas
the presiding officers of both Houses of Congress
informing them that in view of the circumstances
he was officially withdrawing his signature on
House Bill No.9266 (which had been returned to
the Senate the previous July3), adding that "it
would be untenable and against public policy to
convert into law what was not actually approved
by the two Houses of Congress. "Upon the
foregoing
facts
the
Mayor
of
Manila,
AntonioVillegas,
issued
circulars
to
the
department heads and chiefs of offices of the city
government as well as to the owners, operators
and/or managers of business establishments in
Manila to disregard the provisions of Republic Act
4065. He likewise issued an order to the Chief of
Police to recall five members of the city police
force who had been assigned to the Vice-Mayor
presumably under authority of Republic Act 4065.
Issue: Whether the so-called RA 4065 became
law and that Vice-Mayor Astorga should exercise
any of the powers conferred by RA4065.
Held: In view of the foregoing considerations, the
petition is denied and the so-called Republic Act
No. 4065 entitled "AN ACTDEFINING THE
POWERS, RIGHTS AND DUTIES OF THE VICEMAYOR OF THE CITY OF MANILA, FURTHER
AMENDING FOR THEPURPOSE SECTIONS TEN AND
ELEVEN OF REPUBLIC ACTNUMBERED FOUR
HUNDRED
NINE,
AS
AMENDED,
OTHERWISEKNOWN AS THE REVISED CHARTER
OF THE CITY OF MANILA" is declared not to have
been duly enacted and therefore did not become
law. The temporary restraining order dated April
28, 1965 is hereby made permanent. No
pronouncement as to costs.
Ratio: It may be noted that the enrolled bill
theory is based mainly on "the respect due to
coequal and independent departments," which
requires the judicial department "to accept, as
having passed Congress, all bills authenticated in
the manner stated. "Thus it has also been stated
in other cases that if the attestation is absent and
the same is not required for the validity of a
statute, the courts may resort to the journals and
other records of Congress for proof of its due
enactment.
INTRODUCTION TO LAW
Atty. Chato Cabigas
that "the enrolled copy of the resolution and the
legislative journals are conclusive upon us,"
specifically in view of Section 313 of Act 190, as
amended by Act No. 2210. This provision in the
Rules of Evidence in the old Code of Civil
Procedure appears indeed to be the only
statutory basis on which the "enrolled bill" theory
rests. It reads: "The proceedings of the Philippine
Commission, or of any legislative body that may
be provided for in the Philippine Islands, or of
Congress (may be proved) by the journals of
those bodies or of either house thereof, or by
published statutes or resolutions, or by copies
certified by the clerk or secretary, printed by
their order; provided, that in the case of acts of
the Philippine Commission or the Philippine
Legislature, when there is in existence a copy
signed by the presiding officers and secretaries
of said bodies, it shall be conclusive proof of the
provisions of such acts and of the due enactment
thereof.
In view of neutralization.
By the respect due to a co-equal department of
the government, is neutralized in this case by the
fact that the Senate President declared his
signature on the bill to be invalid and issued a
subsequent clarification that the invalidation of
his signature meant that
the bill he had signed had never been approved
by the Senate Obviously this declaration should
be accorded even greater respect than the
attestation it invalidated, which it did for a reason
that is undisputed in fact and indisputable in
logic.
In view of the signatures
The law-making process in Congress ends when
the bill is approved by both Houses, and the
certification does not add to the validity of the bill
or cure any defect already present upon its
passage. In other words it is the approval by
Congress and not the signatures of the presiding
officers that is essential. Thus the (1935)
Constitution says that "[e]very bill passed by the
Congress shall, before it becomes law, be
presented to the President."
INTRODUCTION TO LAW
Atty. Chato Cabigas
identification that is all-encompassing in scope,
affects the life and liberty of every Filipino citizen
and foreign resident, and more particularly,
violates their right to privacy.
On this point, respondents counter-argue that:
A.O. No. 308 was issued within the executive and
administrative powers of the president without
encroaching on the legislative powers of
congress.
ISSUE: Whether the issuance of A.O. No. 308 is an
unconstitutional usurpation of the power of
Congress to legislate.
RULING:
Legislative power is the authority to make laws,
and to alter and repeal them. The Constitution
has vested this power in the Congress. The grant
of legislative power to Congress is broad,
general, and comprehensive. Any power deemed
to be legislative by usage and tradition, is
necessarily possessed by Congress, unless the
Constitution has lodged it elsewhere.
The executive power, on the other hand, is
vested in the President. It is generally defined as
the power to enforce and administer the laws. It
is the power of carrying the laws into practical
operation and enforcing their due observance.
As head of the Executive Department, the
President is the Chief Executive. He represents
the government as a whole and sees to it that all
laws are enforced by the officials and employees
of his department. He has control over the
executive department, bureaus and offices.
Corollary to the power of control, the President
also has the duty of supervising the enforcement
of laws for the maintenance of general peace and
public order. Thus, he is granted administrative
power over bureaus and offices under his control
to enable him to discharge his duties effectively.
Administrative power is concerned with the work
of applying policies and enforcing orders as
determined by proper governmental organs. It
enables the President to fix a uniform standard of
administrative efficiency and check the official
INTRODUCTION TO LAW
Atty. Chato Cabigas
CRUZ, J.:
INTRODUCTION TO LAW
Atty. Chato Cabigas
system of government, however, it cannot inhibit
itself and must rule upon the challenge, because
no other office has the authority to do so. We
shall therefore act upon this matter not with
officiousness but in the discharge of an
unavoidable
duty
and,
as
always,
with
detachment and fairness.
INTRODUCTION TO LAW
Atty. Chato Cabigas
Regulation of the Industry and for Other Purposes
Connected Therewith."
a)
to enable the economical and speedy
transfer of mail and other postal matters, from
sender to addressee, with full recognition of their
privacy or confidentiality;
b)
to promote international interchange,
cooperation and understanding through the
unhampered flow or exchange of postal matters
between nations;
c)
to cause or effect a wide range of postal
services to cater to different users and changing
needs, including but not limited to, philately,
transfer of monies and valuables, and the like;
d)
to ensure that sufficient revenues are
generated by and within the industry to finance
the overall cost of providing the varied range of
postal delivery and messengerial services as well
as the expansion and continuous upgrading of
service standards by the same.
Sec. 35.
Repealing Clause. All acts,
decrees, orders, executive orders, instructions,
rules
and
regulations
or
parts
thereof
INTRODUCTION TO LAW
Atty. Chato Cabigas
the penalties for its infraction, and to remove
obstacles in the way of its execution. If such
matters are properly connected with the subject
as expressed in the title, it is unnecessary that
they should also have special mention in the title
(Southern Pac. Co. v. Bartine, 170 Fed. 725).
II
(2)
No bill passed by either House shall
become a law unless it has passed three readings
on separate days, and printed copies thereof in
its final form have been distributed to its
Members three days before its passage, except
when the President certifies to the necessity of
its immediate enactment to meet a public
calamity or emergency. Upon the last reading of
a bill, no amendment thereto shall be allowed,
and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the
Journal.
INTRODUCTION TO LAW
Atty. Chato Cabigas
A conference committee may, deal generally with
the subject matter or it may be limited to
resolving the precise differences between the
two houses. Even where the conference
committee is not by rule limited in its jurisdiction,
legislative custom severely limits the freedom
with which new subject matter can be inserted
into the conference bill. But occasionally a
conference committee produces unexpected
results, results beyond its mandate, These
excursions occur even where the rules impose
strict limitations on conference committee
jurisdiction. This is symptomatic of the
authoritarian power of conference committee
(Davies, Legislative Law and Process: In a
Nutshell, 1986 Ed., p.81).
10
III
INTRODUCTION TO LAW
Atty. Chato Cabigas
valid classification in accordance with the equal
protection clause. In fact, the franking privilege
has been withdrawn not only from the Judiciary
but also the Office of Adult Education, the
Institute
of
National
Language;
the
Telecommunications
Office;
the
Philippine
Deposit Insurance Corporation; the National
Historical Commission; the Armed Forces of the
Philippines; the Armed Forces of the Philippines
Ladies Steering Committee; the City and
Provincial Prosecutors; the Tanodbayan (Office of
Special Prosecutor); the Kabataang Barangay; the
Commission on the Filipino Language; the
Provincial and City Assessors; and the National
Council for the Welfare of Disabled Persons. 11
11
INTRODUCTION TO LAW
Atty. Chato Cabigas
In our view, the only acceptable reason for the
grant of the franking privilege was the perceived
need of the grantee for the accommodation,
which would justify a waiver of substantial
revenue by the Corporation in the interest of
providing for a smoother flow of communication
between the government and the people.
12
INTRODUCTION TO LAW
Atty. Chato Cabigas
13
IV
INTRODUCTION TO LAW
Atty. Chato Cabigas
ACCORDINGLY, the petition is partially GRANTED
and Section 35 of R.A. No. 7354 is declared
UNCONSTITUTIONAL. Circular No. 92-28 is SET
ASIDE insofar as it withdraws the franking
privilege from the Supreme Court, the Court of
Appeals, the Regional trail Courts, the Municipal
trial Courts, and the National Land Registration
Authority and its Register of Deeds to all of which
offices the said privilege shall be RESTORED. The
temporary restraining order dated June 2, 1992,
is made permanent.
SO ORDERED.
The Case
We arrive at these conclusions with a full
awareness of the criticism it is certain to provoke.
While ruling against the discrimination in this
case, we may ourselves be accused of similar
discrimination through the exercise of our
ultimate power in our own favor. This is
inevitable. Criticism of judicial conduct, however
undeserved, is a fact of life in the political system
that we are prepared to accept.. As judges, we
cannot debate with our detractors. We can only
decide the cases before us as law imposes on us
the duty to be fair and our own conscience gives
us the light to be right.
14
The Facts
INTRODUCTION TO LAW
Atty. Chato Cabigas
Congress adjourned before the Commission on
Appointments could act on their appointments.
Thus, on June 8, 2001, President Macapagal
Arroyo
renewed
again
the
ad
interim
appointments of Benipayo, Borra and Tuason to
the same positions.[9] The Office of the President
submitted their appointments for confirmation to
the Commission on Appointments.[10] They took
their oaths of office anew.
15
INTRODUCTION TO LAW
Atty. Chato Cabigas
the ad interim appointments of Benipayo as
COMELEC Chairman and Borra and Tuason as
Commissioners, respectively, for a term of seven
years expiring on February 2, 2008.[18] They all
took their oaths of office anew.
The Issues
Petitioner appealed the denial of her request for
reconsideration to the COMELEC en banc in a
Memorandum dated April 23, 2001.[15] Petitioner
also filed an administrative and criminal
complaint[16] with the Law Department[17]
against Benipayo, alleging that her reassignment
violated Section 261 (h) of the Omnibus Election
Code, COMELEC Resolution No. 3258, Civil
Service Memorandum Circular No. 07, s. 001, and
other pertinent administrative and civil service
laws, rules and regulations.
16
INTRODUCTION TO LAW
Atty. Chato Cabigas
Petitioner filed the petition only on August 3,
2001 despite the fact that the ad interim
appointments of Benipayo, Borra and Tuason
were issued as early as March 22, 2001.
Moreover, the petition was filed after the third
time that these three respondents were issued ad
interim appointments.
17
INTRODUCTION TO LAW
Atty. Chato Cabigas
national elections may be put in doubt if the
constitutional issue raised by petitioner is left
unresolved. In keeping with this Courts duty to
determine whether other agencies of government
have remained within the limits of the
Constitution and have not abused the discretion
given them, this Court may even brush aside
technicalities of procedure and resolve any
constitutional
issue
raised.[24]
Here
the
petitioner has complied with all the requisite
technicalities. Moreover, public interest requires
the resolution of the constitutional issue raised
by petitioner.
18
INTRODUCTION TO LAW
Atty. Chato Cabigas
permanent character. The Constitution itself
makes an ad interim appointment permanent in
character by making it effective until disapproved
by the Commission on Appointments or until the
next adjournment of Congress. The second
paragraph of Section 16, Article VII of the
Constitution provides as follows:
19
INTRODUCTION TO LAW
Atty. Chato Cabigas
x x x From the arguments, it is easy to see why
the petitioner should experience difficulty in
understanding the situation. Private respondent
had
been
extended several
ad
interim
appointments
which
petitioner
mistakenly
understands as appointments temporary in
nature. Perhaps, it is the literal translation of the
word ad interim which creates such belief. The
term is defined by Black to mean in the
meantime or for the time being. Thus, an officer
ad interim is one appointed to fill a vacancy, or to
discharge the duties of the office during the
absence or temporary incapacity of its regular
incumbent (Blacks Law Dictionary, Revised
Fourth Edition, 1978). But such is not the
meaning nor the use intended in the context of
Philippine law. In referring to Dr. Estebans
appointments, the term is not descriptive of the
nature of the appointments given to him. Rather,
it is used to denote the manner in which said
appointments were made, that is, done by the
President of the Pamantasan in the meantime,
while the Board of Regents, which is originally
vested by the University Charter with the power
of appointment, is unable to act. x x x. (Emphasis
supplied)
20
INTRODUCTION TO LAW
Atty. Chato Cabigas
on all ad interim appointments. These resolutory
conditions constitute, in effect, a Sword of
Damocles over the heads of ad interim
appointees. No one, however, can complain
because it is the Constitution itself that places
the Sword of Damocles over the heads of the ad
interim appointees.
xxx
21
INTRODUCTION TO LAW
Atty. Chato Cabigas
Appointments to first confirm ad interim
appointees before the appointees can assume
office will negate the Presidents power to make
ad interim appointments. This is contrary to the
rule on statutory construction to give meaning
and effect to every provision of the law. It will
also run counter to the clear intent of the framers
of the Constitution.
xxx
22
INTRODUCTION TO LAW
Atty. Chato Cabigas
xxx
This is otherwise
appointments.
called
the
ad
interim
xxx
23
INTRODUCTION TO LAW
Atty. Chato Cabigas
have been one division functioning in the
COMELEC instead of two during the May 2001
elections. Considering that the Constitution
requires that all x x x election cases shall be
heard and decided in division,[46] the remaining
one division would have been swamped with
election cases. Moreover, since under the
Constitution motions for reconsideration shall be
decided by the Commission en banc, the mere
absence of one of the four remaining members
would have prevented a quorum, a less than
ideal
situation
considering
that
the
Commissioners are expected to travel around the
country before, during and after the elections.
There was a great probability that disruptions in
the conduct of the May 2001 elections could
occur because of the three vacancies in the
COMELEC. The successful conduct of the May
2001 national elections, right after the
tumultuous EDSA II and EDSA III events, was
certainly
essential
in
safeguarding
and
strengthening our democracy.
24
INTRODUCTION TO LAW
Atty. Chato Cabigas
body. The vacancies in the COMELEC are
precisely staggered to insure that the majority of
its members hold confirmed appointments, and
not one President will appoint all the COMELEC
members.[50]
In
the
instant
case,
the
Commission on Appointments had long confirmed
four[51] of the incumbent COMELEC members,
comprising a majority, who could now be
removed from office only by impeachment. The
special constitutional safeguards that insure the
independence of the COMELEC remain in place.
[52] The COMELEC enjoys fiscal autonomy,
appoints its own officials and employees, and
promulgates its own rules on pleadings and
practice. Moreover, the salaries of COMELEC
members cannot be decreased during their
tenure.
25
INTRODUCTION TO LAW
Atty. Chato Cabigas
final
decision
by
the
Commission
on
Appointments to give or withhold its consent to
the appointment as required by the Constitution.
Absent such decision, the President is free to
renew the ad interim appointment of a by-passed
appointee. This is recognized in Section 17 of the
Rules of the Commission on Appointments, which
provides as follows:
Section
17.
Unacted
Nominations
or
Appointments Returned to the President.
Nominations or appointments submitted by the
President of the Philippines which are not finally
acted upon at the close of the session of
Congress shall be returned to the President and,
unless new nominations or appointments are
made, shall not again be considered by the
Commission. (Emphasis supplied)
26
Guevara
was
decided
under
the
1935
Constitution from where the second paragraph of
Section 16, Article VII of the present Constitution
on ad interim appointments was lifted verbatim.
[54] The jurisprudence under the 1935
Constitution governing ad interim appointments
by the President is doubtless applicable to the
present Constitution. The established practice
under the present Constitution is that the
President can renew the appointments of bypassed ad interim appointees. This is a
continuation of the well-recognized practice
under the 1935 Constitution, interrupted only by
the 1973 Constitution which did not provide for a
Commission on Appointments but vested sole
appointing power in the President.
INTRODUCTION TO LAW
Atty. Chato Cabigas
appointee serving beyond the fixed term of
seven years.
27
INTRODUCTION TO LAW
Atty. Chato Cabigas
28
INTRODUCTION TO LAW
Atty. Chato Cabigas
There
were
two
important
amendments
subsequently made by the Constitutional
Commission to these four features. First, as
discussed earlier, the framers of the Constitution
decided to require confirmation by the
Commission on Appointments of all appointments
to the constitutional commissions. Second, the
framers decided to strengthen further the
prohibition on serving beyond the fixed sevenyear term, in the light of a former chair of the
Commission on Audit remaining in office for 12
years despite his fixed term of seven years. The
following exchange in the deliberations of the
Constitutional Commission is instructive:
29
INTRODUCTION TO LAW
Atty. Chato Cabigas
30
INTRODUCTION TO LAW
Atty. Chato Cabigas
Section 7. Chairman as Executive Officer; Powers
and Duties. The Chairman, who shall be the Chief
Executive Officer of the Commission, shall:
xxx
31
INTRODUCTION TO LAW
Atty. Chato Cabigas
Still, petitioner assails her reassignment, carried
out during the election period, as a prohibited act
under Section 261 (h) of the Omnibus Election
Code, which provides as follows:
xxx
xxx
32
xxx
INTRODUCTION TO LAW
Atty. Chato Cabigas
transfer or reassignment can be made within
thirty days prior to election day, refers only to
COMELEC field personnel and not to head office
personnel like the petitioner. Under the Revised
Administrative Code,[69] the COMELEC Chairman
is the sole officer specifically vested with the
power to transfer or reassign COMELEC
personnel. The COMELEC Chairman will logically
exercise the authority to transfer or reassign
COMELEC personnel pursuant to COMELEC
Resolution No. 3300. The COMELEC en banc
cannot arrogate unto itself this power because
that
will
mean
amending
the
Revised
Administrative Code, an act the COMELEC en
banc cannot legally do.
33
Legality
of
INTRODUCTION TO LAW
Atty. Chato Cabigas
Disbursements
to
SO ORDERED.
34