Political Reviewer Cdr

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ARTICLE VIII JUDICIAL DEPARTMENT

Section 1. The judicial power shall bevested in one Supreme Court and in suchlower courts as may be established bylaw.

Supreme Court is the only court which is

created by the Constitution.Lower Courts:CA, RTC, MTC, MCTC, METC, SB, CTA, ShariaCourts, Sharia Circuit Court.Quasi-judicial courts are special courts for theyperform similar judicial functions.

Traditional Concept of judicial power Judicial power includes the duty of thecourts of justice to settle actualcontroversies involving rights which arelegally demandable and enforceable,

Expanded power of judicial reviewAnd to determine whether or not therehas been a grave abuse of discretionamounting to lack or excess of

jurisdiction on the part of any branch orinstrumentality of the Government.

Q. What are the difference, if any,between the scope of judicial powerunder the 1987 constitution on one hand,and the 1935 and 1973 Constitutions onthe other?A: The scope of judicial power under the1987 Constitution is broader than its scopeunder the 1935 and 1973 Constitution becauseof the second paragraph of Section 1, ArticleVIII of the 1987 Constitution, which states thatit includes the duty to determine whether ornot there has been a grave abuse of discretionamounting to lack or excess of jurisdiction onthe part of any branch or instrumentality of the Government. This provision limits resort tothe political question doctrine and broadensthe scope of juridical inquiry into areas whichthe courts under the 1935 and the 1973Constitutions would normally have left to thepolitical departments to decide.

Political Question-are questions of policy,they involve the wisdom of an act, or theefficacy or necessity of a particular measure:Sprung from the Doctrine of Separation of Powers.

1. Those questions which are to be decided bythe people in their sovereign capacity;

E.g. Recall = is a mode of removing a localofficial even before the end of his term on thesole ground of loss of confidence (Verdone vs.Comelec);

Lawyers’ League for a Better Philippines vs.Pres. Aquino and Estrada vs. Desierto

The legitimacy of the Aquino government is

not a justiciable matter. It belongs to the realmof politics where only the people of thePhilippines are the judge. And the people havemade the judgment, they have accepted thegovernment of President Corazon C. Aquino,which is in effective control of the entirecountry so that it is not merely a de factogovernment but in fact and in law a de juregovernment. Moreover, the community of nations has recognized the legitimacy of thepresent government.

The legitimacy of the Arroyo government is a

justiciable matter. The principal issues forresolution require the proper interpretation of certain provisions in the 1987 Constitution,thus the respondent’s invocation of thedoctrine of PQ is but a foray in the dark.

EDSA I EDSA IIPolitical Question Legal QuestionExtra-constitutional =the legitimacy of thenew gov’t thatresulted from asuccessful revolution

cannot be subject to judicial review, for itorbited out of theConstitutional loop

Intra-Constitutional=the resignation of thesitting president andthe succession by theVP are subject to

judicial review

Exercise of the peoplepower of revolution

Exercise of peoplepower of freedom of speech and freedomof assembly topetition the gov’t forredress to grievancesthat only affected theoffice of the President.

2. Those, in regard to which, full discretionaryauthority has been delegated by theConstitution to the executive or legislativebranch. (Tanada vs. Cuenco)

E.g. Calling-out Power (IBP vs. Zamora)Art. VII Section 18. The President shall be theCommander-in-Chief of all armed forces of thePhilippines and whenever it becomesnecessary, he may call out such armed forces

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to prevent or suppress lawless violence,invasion or rebellion.

In here the President necessarilyexercise a power solely vested in his wisdom;unless the petitioner can show that theexercise of such discretion was gravelyabused, the President’s exercise of judgmentdeserves to be accorded respect from this

Court.

Q. How about the other powers to suspend theprivilege of the writ of habeas corpus or placethe Philippines or any part thereof undermartial law as provided in Art. VII, Secs 18, is ita political question?A. No, such powers involve a curtailment of rights, thus it is bound by great limitations.

The Supreme Court may review, in anappropriate proceeding filed by any citizen,the sufficiency of the factual basis of theproclamation of martial law or the suspension

of the privilege of the writ of habeas corpus orthe extension thereof, and must promulgateits decision thereon within thirty days from itsfiling. (Art. VII, Sec 18, par. 3)

David vs. GMAUnder the calling-out power, the

President may summon the armed forces toaid him in suppressing lawless violence,invasion and rebellion. He cannot invoke agreater power when he wishes to act under alesser power. There lies the wisdom of ourConstitution, the greater the power, thegreater are the limitations. Justice Mendoza also stated that PP1017 is not a declaration of Martial Law. It isno more than a call by the President to thearmed forces to prevent or suppress lawlessviolence. As such, it cannot be used to justifyacts that only under a valid declaration of Martial Law can be done. Its use for any otherpurpose is a perversion of its nature andscope, and any act done contrary to itscommand is ultra vires.

Justice Mendoza further stated thatspecifically, (a) arrests and seizures without

judicial warrants; (b) ban on public assemblies;(c) take-over of news media and agencies andpress censorship; and (d) issuance of Presidential Decrees, are powers which can beexercised by the President as Commander-in-Chief only where there is a valid declaration of Martial Law or suspension of the writ of habeas corpus.

Based on the above disquisition, it isclear that PP 1017 is not a declaration of Martial Law. It is merely an exercise of President Arroyo’s calling-out power for

the armed forces to assist her in preventing orsuppressing lawless violence.

Following requisites must be present forthe exercise of the power of judicialreview:a.) There must be an actual case orcontroversy involving a conflict of legal rights

susceptible of judicial determination.

Q. What is an "actual case or controversy"?A. An "actual case or controversy" means anexisting case or controversy which is both ripefor resolution and susceptible of judicialdetermination, and that which is notconjectural or anticipatory, or that which seeksto resolve hypothetical or feignedconstitutional problems.(IBP vs. Zamora)

ICJ can render an advisory opinion on legal

questions and settle in accordance withinternational law the legal disputes submittedto it by the states.

A moot and academic case is one that ceasesto present a justiciable controversy by virtueof supervening events, so that a declarationthereon would be of no practical use or valueExceptions:

1. Grave violation of the Constitution;2. exceptional character of the situation

and the paramount public interestinvolve;

3. when constitutional issue raisedrequires the formulation of controllingprinciples to guide the bench, the barand the public;

4. the case is capable of repetition yetevading review.

b.) The constitutional question must be raisedby the proper party.

A proper party is one who hassustained or is in imminent danger of sustaining an injury as a result of the actcomplained of.

Locus standi is defined as “a right of appearance in a court of justice on a givenquestion.”

The mere invocation by the IBP of itsduty to preserve the rule of law and nothingmore, while undoubtedly true, is not sufficientto clothe it with standing in this case. This istoo general an interest which is shared byother groups and the whole citizenryHaving stated the foregoing, it must beemphasized that this Court has the discretion

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to take cognizance of a suit which does notsatisfy the requirement of legal standing whenparamount interest is involved. In not a fewcases, the Court has adopted a liberal attitudeon the locus standi of a petitioner where thepetitioner is able to craft an issue of transcendental significance to the people. (IBPvs. Zamora)

Taxpayer’s Suit:1. Public funds are disbursed by a politicalsubdivision or instrumentality;2. In doing so, a law is law is violated or someirregularity is committed, and that thepetitioner is directly affected.

c.) The constitutional question must be raisedat the earliest opportunity.

Raised it in a pleading before acompetent court that can resolve the same,such that if not raised in the pleadings, itcannot be considered on appeal.

Court may determine, in the exercise of sound discretion, the time when aconstitutional issue may be passed upon.(Mailbag vs. Benipayo)

d.) The decision of the constitutional questionmust be necessary to the determination of thecase itself.

Moreover, the legality of petitioner’sreassignment hinges on the constitutionality of Benipayo’s ad interim appointment andassumption of office. Unless theconstitutionality of Benipayo’s ad interimappointment and assumption of office isresolved, the legality of petitioner’sreassignment from the EID to the LawDepartment cannot be determined. Clearly,the lis mota of this case is the veryconstitutional issue raised by petitioner.

3 Important Functions of Court:1. Checking= when courts declares an act bythe executive or legislative as“unconstitutional”;2. Legitimizing= when the court sustains theact of the President or the Congress;3. Symbolizing= even if it is already mootand academic, court may still resolve the costson their merits.

ARTICLE XVII AMENDMENTS ORREVISIONS

Constitution of Sovereignty

Amendments are piece meal change oraddition that would not drastically affect thefundamental laws.E.g. Change in the voting requirement.

Revisions are substantial changes or anoverhaul of the fundamental laws.E.g. A change from Presidential toParliamentary, since it would result tocombination of legislative and executive.

Section 1. Any amendment to, or revisionof, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or(2) A constitutional convention.

Section 2. Amendments to thisConstitution may likewise be directlyproposed by the people through initiativeupon a petition of at least twelve per centum of the total number of registeredvoters, of which every legislative districtmust be represented by at least three

per centum of the registered voterstherein. No amendment under this

section shall be authorized within fiveyears following the ratification of thisConstitution nor oftener than once everyfive years thereafter.

The Congress shall provide for theimplementation of the exercise of thisright.

Test adopted to determine whether theamendment or revision will be right.

• Quantitative = on how manyprovisions will be changed;

•

Qualitative = kind of change sought tobe effected.

Two stages in Amendments or Revisions:

1. Proposal;

3 Methods of Proposal:1. Constitutional Assembly = ¾ votes of allits members in a CONASS, which is a non-legislative functions;2. Constitutional Convention = Sec 1, par 2and Sec 2, Article XVII

• 2/3 votes of all its members calls

for CONCON;• by a majority vote of all its

members and submission to theelectorate by means of plebiscite;

3. Through people’s initiative (plebiscite) = apetition of at least 12% of the total registeredvoters, represented by at least 3% of alllegislative districts. Only limited to proposingamendments and not revisions, unlike the firsttwo.

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Sec 4 of RA 409 refers to liability arisingfrom negligence in general, regardless of theobject thereof, whereas, Article 2189 of theNCC governs liability due to defective streetsin particular, even if such is a general law.City of Manila vs. Teotico

Sec 24, RA 7160 = LGU’s liability fordamage to property.

Liability for Damages. - Localgovernment units and their officials are notexempt from liability for death or injury topersons or damage to property.

IMPLIED WAIVERa. when the State commences

litigation, thus opening itself tocounterclaim;

b. When it enters to a contract with aprivate individuals

Old rule: State is deemed to have waivedimmunity, for he descends to the level of a

private individual;New rule: Distinctions has to be made.(Restrictive Doctrine of State Immunity)

Government Acts (acta jureimperii) = only in this act, where immunityfrom suit can be availed by the State.

The transaction involves theimprovement of the wharves in the navalinstallation as Subic Bay. As this was agovernment function, the contract did notdivest the US of its sovereign immunity fromsuit. US vs. Ruiz

The ruling was unfair, but because theissue has become one of international law,state immunity applies. The remedy of theprivate individual is to convince the DFA totake up the case against the gov’t.

A driver of a municipality engaged inthe performance of governmental function, isexempt from liability. (damnum absque injuria)Municipality of San Fernando La Union vs

Judge Firma.

Private, Commercial andProprietary Acts (acta jure gestionis)

The restaurant services offered at the John Hay Station partake the nature of abusiness enterprise undertaken by the USgov’t in its proprietary function, for it is opennot only to the member of the US ArmedForces but to the public, thus undoubtedly, it isoperated for profit as a commercial entity. USvs. Guinto

A celebration of town fiesta is not agov’t function but a proprietary one, thus, themunicipality may be held liable for the injurysuffered by one of the workers who fell whileconstructing the same. The mere fact that the

celebration, as claimed was not to secureprofit or gain but merely to provideentertainment to the town inhabitants is not aconclusive test. Torio vs. Fontanilla

SUABILITY vs. LIABILITY OF THE STATESuability refers to the right of the state

to sue and be sued, while Liability merely

gives the opportunity for the gov’t to be suedbut may be held not liable, when it proposespositive defenses to absolve it.

Municipal corporations exist in a dualcapacity, and their functions are two-fold. Inone, they exercise the right springing fromsovereignty, and while in the performance of the duties pertaining thereto, their acts arepolitical and governmental. Their agents andofficers in such capacity though elected andappointed by them are nevertheless publicfunctionaries performing a public service.

In the other capacity, they exercise aproprietary, private or corporate rights arisingfrom their existence as private person and notas public agencies.

In the case of Municipality of SanFernando vs. Judge Firme, the driver isexercising a governmental function, which isthat he is on his way to get a load of sand andgravel for the repair of the San Fernandomunicipal streets.

Q. What if the dump truck was carrying alumber for the repair of a public market?A. Public Market is a business enterprise of aLGU and is engaged in commercial andproprietary functions.

Q. After trial, judgment was rendered againstthe government, may the government funds inthe PNB be garnished or may the property of the government be levied?A. The waiver does not extend to theexecution of judgment, for another waiver isrequired. Otherwise the government will beparalyzed in the performance of its functions.

REMEDY: To make necessary representationto the Congress to enact appropriationmeasures to satisfy the judgment.

If still the government refuses to enactthe appropriate measure. MANDAMUS will lie,for there is already a final judgment, and thestate should be the first the one to respect thecourt’s ruling. Municipality of Makati vs. CA

Generally the duty to appropriate isdiscretionary, however if there is already a

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final judgment, it now becomes a ministerialduty.

Rule 67(Expropriation of Eminent Domain)Government entered the property

without undergoing the expropriationprocedure and proceeded to level out theproperty of petitioner, it is deemed an implied

waiver because the State opened itself tolitigation whereby the petitioner may filecounterclaims for the failure of the gov’t toexpropriate the said property. Thus, where thegov’t violated its own rules, the Doctrine of immunity cannot be invoked to perpetrateinjustice. Amigable vs. Cuenca

DFA intervened certifying that the HolySee is immune from the local jurisdiction. Thisbecame binding with the Court’s renderingHoly See immune from suit, thereby the casewas dismissed. Holy See vs. Rosario

Suits against government agency:Incorporated = has a separate

personality distinct from the government. Lookat the charter, whether it can be sued or not;E.g. GSIS, SSS

Unincorporated = has no separatepersonality. Look for waiver of such agency.E.g. BIR, DOH, Customs

Suits against public officers:Gen rule: Doctrine of state immunity

applies when the public officer’s acts are in theperformance of their duties

Except: When the acts of the publicofficer in his official capacity are unlawful andinjurious to the rights of others;

Also acts committed in bad faith;Lastly, it does not apply where the

officer is being charged in his personalcapacity. Amado J. Lansang vs. CA

ARTICLE IV CITIZENSHIP

Section 1. The following are citizens of the Philippines:[1] Those who are citizens of thePhilippines at the time of the adoption of this Constitution; (February 2, 1987)

[2] Those whose fathers or mothers arecitizens of the Philippines;

The Philippine law on citizenshipadheres to the principle of jus sanguinis.

Thereunder, a child follows the nationality orcitizenship of the parents regardless of theplace of his/her birth, as opposed to thedoctrine of jus soli which determines

nationality or citizenship on the basis of placeof birth.

[3] Those born before January 17, 1973,of Filipino mothers, who elect Philippinecitizenship upon reaching the age of majority; and

Exception to Sec 2. Upon election of

Philippine citizenship, he/she is natural born.

Q. Can a legitimate child born under the1935 Constitution of a Filipino motherand an alien father validly elect Philippinecitizenship fourteen (14) years after hehas reached the age of majority?

A. Those born of Filipino mothers and alienfathers before the effectivity of the 1935Constitution provides that they should electPhil. Citizenship at a reasonable time, which iswithin 3 years upon reaching the age of majority.

However if the child was illegitimate,the child will follow the citizenship of themother, which is Filipino. Re: Application forAdmission to the Philippine Bar, VicenteD. Ching, Bar Matter No. 914

The 1935 was the governing law, whereit provided that those whose fathers arecitizens of the Philippines, whether they belegitimate or not are citizens of the Philippines.

Any conclusion on the Filipinocitizenship of Lorenzo Pou could only be drawnfrom the presumption that having died in 1954at 84 years old, Lorenzo would have been bornsometime in the year 1870, when thePhilippines was under Spanish rule, and thatSan Carlos, Pangasinan, his place of residenceupon his death in 1954, in the absence of anyother evidence, could have well been his placeof residence before death, such that LorenzoPou would have benefited from the “en masseFilipinization” that the Philippine Bill hadeffected in 1902. That citizenship (of LorenzoPou), if acquired, would thereby extend to hisson, Allan F. Poe, father of respondent FPJ.

The 1935 Constitution, during which regimerespondent FPJ has seen first light, conferscitizenship to all persons whose fathers areFilipino citizens regardless of whether suchchildren are legitimate or illegitimate. Tecsonvs. Comelec

[4] Those who are naturalized inaccordance with law.

Naturalized citizens are those who havebecome Filipino citizens throughnaturalization, generally under CA No. 473,otherwise known as the Revised Naturalization

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Law, which repealed the former NaturalizationLaw (Act No. 2927), and by RA No. 530. To benaturalized, an applicant has to prove that hepossesses all the qualifications and none of thedisqualification provided by law to become aFilipino citizen.

The decision granting Philippinecitizenship becomes executory only after two

(2) years from its promulgation when the courtis satisfied that during the intervening period,the applicant has (1) not left the Philippines;(2) has dedicated himself to a lawful calling orprofession; (3) has not been convicted of anyoffense or violation of Governmentpromulgated rules; or (4) committed any actprejudicial to the interest of the nation orcontrary to any Government announcedpolicies.

Section 2. Natural-born citizens are thosewho are citizens of the Philippines from

birth without having to perform any actto acquire or perfect their Philippinecitizenship. Those who elect Philippinecitizenship in accordance with paragraph(3), Section 1 hereof shall be deemednatural-born citizens.

2 ways of acquiring citizenship:(1) by birth, and(2) by naturalization.

2 kinds of citizen: Bengson III vs. HRETNatural Born = are those citizens of the

Philippines from birth without having toperform any act to acquire or perfect hisPhilippine citizenship.

Except, those under Art 1, 3, who needsto elect Philippine citizenship. Sec 2

Naturalized = are those who havebecome Filipino citizens throughnaturalization, generally under CA No. 473,otherwise known as the Revised NaturalizationLaw, which repealed the former NaturalizationLaw (Act No. 2927), and by RA No. 530. (Sec 1,no 4)

Section 3. Philippine citizenship may belost or reacquired in the manner providedby law.

Filipino citizens who have lost theircitizenship may reacquire the same in themanner provided by law. CA No. 63enumerates the three modes by whichPhilippine citizenship may be reacquired by aformer citizen:

(1) by naturalization;

A mode for both acquisition andreacquisition of Philippine citizenship. As amode of initially acquiring Philippinecitizenship, naturalization is governed by CANo. 473, as amended. On the other hand,naturalization as a mode for reacquiringPhilippine citizenship is governed by CA No. 63(An Act Providing for the Ways in Which

Philippine Citizenship May Be Lost orReacquired [1936]). Under this law, a formerFilipino citizen who wishes to reacquirePhilippine citizenship must possess certainqualifications and none of the disqualificationsmentioned in Section 4 of C.A. 473.

(2) by repatriation; andMay be had under various statutes by

those who lost their citizenship due to:(1) desertion of the armed forces

(Section 4, C.A. No. 63);(2) service in the armed forces of the

allied forces in World War II (Section 1, RA No.965 [1953]);(3) service in the Armed Forces of the

United States at any other time (Sec. 1, RA No.2630 [1960]);

(4) marriage of a Filipino woman to analien (Sec. 1, RA No. 8171= must be applied toSpecial Committee on Naturalization. [1995]);and

(5) political and economic necessity(Ibid).

As distinguished from the lengthyprocess of naturalization, repatriation simplyconsists of the taking of an oath of allegianceto the Republic of the Philippines andregistering said oath in the Local Civil Registryof the place where the person concernedresides or last resided.

Repatriation results in the recovery of the original nationality. This means that anaturalized Filipino who lost his citizenship willbe restored to his prior status as a naturalizedFilipino citizen. On the other hand, if he wasoriginally a natural-born citizen before he losthis Philippine citizenship, he will be restored tohis former status as a natural-born Filipino.Antonio Bengson III vs. HRET

(3) by direct act of Congress. Requires:

Take an oath of allegiance;Registering in the Office of Civil

Registrar where he resides.

Section 4. Citizens of the Philippines whomarry aliens shall retain their citizenship,unless by their act or omission, they are

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deemed, under the law, to haverenounced it.

It is now applicable not only to Filipinowomen, as provided by the 1973 Constitution,but to citizens, which include Filipino men.

In order that citizenship may be lost byrenunciation, such renunciation must be

express.In the case of Aznar v. COMELEC, theCourt ruled that the mere fact that he is anAmerican did not mean that he is no longer aFilipino, and that an application for an aliencertificate of registration was not tantamountto renunciation of his Philippine citizenship.

And, in Mercado v. Manzano and COMELEC, it was held that the fact thatrespondent Manzano was registered as anAmerican citizen in the Bureau of Immigrationand Deportation and was holding an Americanpassport on April 22, 1997, only a year before

he filed a certificate of candidacy for vice-mayor of Makati, were just assertions of hisAmerican nationality before the termination of his American citizenship.

Congressman Ong was born before January 17, 1973 of Filipino mother andChinese father, who later became naturalizedFilipino, thus petitioner by DerivativeCitizenship followed his father. Co vs. HRET

Section 5. Dual allegiance of citizens isinimical to the national interest and shall

be dealt with by law.Non-self executing provision.Dual allegiance, on the other hand,

refers to a situation in which a personsimultaneously owes, by some positive act,loyalty to two or more states. While dualcitizenship is involuntary, dual allegiance is theresult of an individual’s volition.

Hence, the phrase “dual citizenship” inR.A. No. 7160, Section 40(d) (LocalGovernment Code) must be understood asreferring to “dual allegiance.” Consequently,

persons with mere dual citizenship do not fallunder this disqualification. Unlike those withdual allegiance, who must be subject to strictprocess with respect to the termination of theirstatus, for candidates with dual citizenship, itshould suffice if, upon the filing of theircertificate of candidacy, they elect Philippinecitizenship to terminate their status as personswith dual citizenship considering that theircondition is the unavoidable consequence of

conflicting laws of different states. Mercadovs. Manzano

Instances when a citizen of thePhilippines may possess dual citizenship:

1) Those born of Filipino fathers and/ormothers in foreign countries whichfollow the principle of jus soli;

2) Those born in the Philippines of Filipinomothers and alien fathers if by the lawsof their father’s country such childrenare citizens of that country;

3) Those who marry aliens if by the lawsof the latter’s country the former areconsidered citizens, unless by their actor omission they are deemed to haverenounced Philippine citizenship.

Requisites for application of res judicatadoctrine in cases of citizenship:

1) a person’s citizenship be raised as a

material issue in a controversywhere said person is a party;2) the Solicitor General or his

authorized representative tookactive part in the resolution thereof,and

3) the finding on citizenship is affirmedby this Court. Burca vs. Republic

RA 9225 = Citizenship Retention andReacquisition Act of 2003

2 situations:

Retention and Reacquisition = there must betaking an oath of allegiance on either.

Section 4. Derivative Citizenship - Theunmarried child, whether legitimate,illegitimate or adopted, below eighteen (18)years of age, of those who re-acquirePhilippine citizenship upon effectivity of thisAct shall be deemed citizenship of thePhilippines.

STRUCTURE OF GOVERNMENTExecutive = power to implement the law

(power of the sword) Sec 1, Article VILegislative = power to enact, alter, amend orrepeal the law. (Power of the purse) Sec 1,Article VII

Judicial = power to interpret the law. (Powerof judicial review) Sec 1, Article VIII

Doctrine of Separation of Powers =purpose is to secure action, forestall over-action, to prevent despotism and to obtainefficiency.

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Principle of Checks and Balances =objective is to avoid the concentration of powers into one branch only. It is a system of counteraction by means of which onedepartment is allowed to resist enforcementupon its prerogatives or to rectify the mistakesor excesses committed by any of its co-equal

departments.

Potestas delegate non delegari potesta=What has been delegated cannot bedelegated:Except: PETAL

• Delegation to people through initiativeand referendum; Article VI, Sec 32,

Enactment of the implementing law of RA6735

• Delegation to the president of emergency powers; Sec 23, par 2 Art.VI

Requisites:1. In times of war or other national

emergency;

2. For a limited period;

3. Subject to such restrictions asCongress may prescribe;

4. To exercise powers necessaryand proper to carry out adeclared national policy.

Last paragraph provides that there is noneed for another enactment of the law towithdraw such powers for it hall cease upon

the next adjournment of Congress.• Delegation of tariff powers to the

president; Sec 28, par 2 Art. VIAuthorized by law enacted by Congress.

• Delegation to administrative bodies;

• Delegation to LGU. Test for Valid Permissible Delegation:

Completeness Test = law must becomplete on all its essential terms andconditions when enacted, so that there shallbe nothing left to do when it reaches thedelegate but just to enforce it;

Sufficient Standard Test = limits of thelaw are sufficiently determinable anddetermined to which the delegate mustconform in the performance of his functions.

The legislative standard need not beexpressed, for it can be found in otherrepealed statutes or it may be simply gatheredor implied. Chiongbian vs. Orbos

ARTICLE VI LEGISLATIVE DEPARTMENT

Section 1. The legislative power shall bevested in the Congress of the Philippineswhich shall consist of a Senate and aHouse of Representatives, except to theextent reserved to the people by theprovision on initiative and referendum.

To be read in correlation with Sec 32,where legislative must enact a law for people’s

initiative and referendum, which is RA 6735.

Q: this reservation of the people to directlyenact laws, is this self executing?A: NO. Sec. 32 of Article VI provides that thecongress shall as early as possible, provide fora system of initiative and referendum thus thecongress is mandated to enact that so calledinitiative and referendum law. Which thecongress has complied with the mandate byenacting R.A. 6735 the Initiative andReferendum Law.

Non-legislative function:• When the Congress acts as Constituent

Assembly;

• Investigative power in aid of legislation;Sec 21 Article VI

• Impeachment Court;

• National Board of Canvassers inPresidential and Vice-presidentialelections;

• Amnesty proclamations;

• Declaration of State of War; Sec 23(1)Article VI

•Determination of the Incapacity of thePresident to discharge his functions;Sec 11, last par Article VII

• Emergency power delegated throughenactment of law; Sec 23(2) Article VI

• Electoral tribunal;

• Treaty concurrence; Sec 19, par 2Article VII

INITIATIVE – Power of the people TO PROPOSEor AMEND a law

REFERENDUM – Power of the people TODECIDE whether or not an act or measurepassed by a legislative body should become alaw.

Composition of Congress:1. 24 Senators (Sec 2, Article VI)2. Number of members of House of Representatives, have undergone changes, byreason of Article VI Sec 5(4). (Power of reapportionment of legislative districts)

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Within three years following thereturn of every census, the Congressshall make a reapportionment of legislative districts based on thestandards provided in this section.

Bicameral Conference Committee Sec 27,Article VI

The mechanism for compromisingdifferences between the Senate and theHouse.

Q. Discuss the nature of its function and its jurisdiction?

A conference committee may dealgenerally with the subject matter or it may belimited to resolving the precise differencesbetween the two houses. Even where theconference committee is not by rule limited inits jurisdiction, legislative custom severelylimits the freedom with which new subject

matter can be inserted into the conference bill.But occasionally a conference committeeproduces unexpected results, results beyondits mandate. These excursions occur evenwhere the rules impose strict limitations onconference committee jurisdiction. This issymptomatic of the authoritarian power of conference committee. Philippine JudgesAssociation vs. Prado

Kinds of Congressman:

• District representatives = 80%

• Party-list representative = 20% (Article

VI Sec 5, par. 2.The party-list representatives shallconstitute twenty per centum of the totalnumber of representatives includingthose under the party list

The party-list system is a social justicetool designed not only to give more law to thegreat masses of our people who have less inlife, but also to enable them to becomeveritable lawmakers themselves, empoweredto participate directly in the enactment of lawsdesigned to benefit them.

It intends to make the marginalizedand the underrepresented not merely passiverecipients of the State’s benevolence, butactive participants in the mainstream of representative democracy.

The party-list system is not open to all,for there is qualifications to be complied with,for it would create a mirage and not hope tothe marginalized and unrepresented. AngBagong Bayani – OFW Labor Party vs.Comelec

Inviolable parameters of party-listelection:Constitution and Republic Act No. 7941

Copied from the German Model Partylist System.

• First, the twenty percent allocation- the combined number of all party-list

congressmen shall not exceed twentypercent of the total membership of theHouse of Representatives, includingthose elected under the party list.

Formula:# of DR x 20 = # of PLR

80

E.g 320 x 20 = 80 party-listrepresentative

80If answer fractional representation, like

80.25, it will be 80 party-list representative.For if it will be rounded-off, it will be 81, thusexceeding the 20% allocation. (GUIGONA vs.GONZALES)

• Second, the two percent threshold -only those garnering a minimum of twopercent of the total valid votes cast forthe party-list system are "qualified" tohave a seat in the House of Representatives.

Formula: Total # of party list votes x .02 = votes

needed for a qualifying party list seat

E.g 5M voted for party-list.5,000,000 x .02 = 100,000 votes

• Third, the three seat limit - eachqualified party, regardless of thenumber of votes it actually obtained, isentitled to a maximum of three seats;that is, one "qualifying" and twoadditional seats.Purpose is to avoid monopoly and to

avoid a situation where on party-list may cover

the whole 20% allocation.Formula:

Votes needed for qualifying seat x 3 =3 party list seat.

E.g. 200,000 votes is for 1 qualifying seatMultiplied by 3, the party list needs at

least 600,000 or have 6% threshold votes tohave 2 additional seats.

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Rules of Court:On MTC = matter of right before or afterconviction;On RTC = only matter of right beforeconviction unless such is punishable by death,reclusion perpetua, or life imprisonment

Rule 114 Sec. 4. Bail, a matter of right; exception.–All persons in custody shall be admitted to bail as a matter

of right, with sufficient sureties, or released onrecognizance as prescribed by law or this Rule (a) beforeor after conviction by the Metropolitan Trial Court,Municipal Trial Court, Municipal Trial Court in Cities, orMunicipal Circuit Trial Court, and (b) before conviction bythe Regional Trial court of an offense not punishable bydeath, reclusion perpetua, or life imprisonment.

Rule 114 Sec. 5. Bail, when discretionary . – Uponconviction by the Regional Trial Court of an offense notpunishable by death, reclusion perpetua, or lifeimprisonment, admission to bail is discretionary.

If the penalty imposed by the trial court isimprisonment exceeding six (6) years, the accused shallbe denied bail, or his bail shall be cancelled upon ashowing by the prosecution, with notice to the accused, of the following or other similar circumstances:(a) That he is a recidivist, quasi-recidivist, or habitualdelinquent, or has committed the crime aggravated by thecircumstance of reiteration;(b) That he has previously escaped from legalconfinement, evaded sentence, or violated the conditionsof his bail without valid justification;© That he committed the offense while under probation,parole, or conditional pardon;(d) That the circumstances of his case indicate theprobability of flight if released on bail; or(e) That there is undue risk that he may commit anothercrime during the pendency of the appeal.

Power of the CongressPrincipal function and prerogative of

the Congress to enact, ordain, alter, amend orabrogate existing laws. LAW MAKINGPROCESS

GEN. RULE: The Bill may be introduced either from

Senate or the House of Representatives.

Section 24. All appropriation, revenue or tariff bills,bills authorizing increase of the public debt, bills of local application, and private bills, shall originateexclusively in the House of Representatives, but theSenate may propose or concur with amendments.

EXCEPTIONS: (APRIL) bills which shalloriginate exclusively in the House of Representative:1. Appropriation Bill2. Private Bills3. Revenue Bills4. Increasing Public Debts5. Local Application

It is the Bill which shall originateexclusively with the House of Representativeand not the Law, BUT Senate may concur withamendments.

The SC ruled that there was noviolation of this section, provided that the billoriginates from the HR and not the law itself.

Senate can propose its own version even withrespect to bills which are required by theConstitution to originate in the House.(Tolentino vs. Secretary of Finance)

Section 26. (1) Every bill passed by the Congressshall embrace only one subject which shall beexpressed in the title thereof.

“One-subject – One title Rule”

Objectives:1. To prevent hodge-podge or log-rolling2. To avoid surprises or fraud3. To fairly appraise the people of the

existence of the bill.It is the subject which is required to be

expressed in the title and NOT its EFFECT

SC ruled, with respect to Sec.26 par. 1, thatthe title of the bill need not be an index of thecontents thereof. There is a substantialcompliance as long as the various provisionsare germane to the subject matter which mustbe the one express in the title. The SupremeCourt has adopted a liberal interpretation.

Liberal Interpretation Rule:

Constitution is sufficiently compliedwith where the title is comprehensive enoughto embrace the general objective it seeks toachieve, and if all the parts of the statute arerelated and germane to the matter embodiedin the title. (De Guzman vs. COMELEC)

(2) No bill passed by either House shall become alaw unless it has passed three readings on separatedays, and printed copies thereof in its final formhave been distributed to its Members three daysbefore its passage, except when the Presidentcertifies to the necessity of its immediateenactment to meet a public calamity or emergency.Upon the last reading of a bill, no amendment

thereto shall be allowed, and the vote thereon shallbe taken immediately thereafter, and the yeas andnays entered in the Journal.

3 Readings on Separate Days Rule:GR: 3 separate readings by either house andprinted final form has been distributed 3 daysbefore its passage to the membersExcept: The President certifies to the necessityof its immediate enactment to meet a publiccalamity or emergency

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The President vetoes the bill in itsENTIRETY and the bill does not become a law.

Exception “inappropriate provisions”are treated as an item veto.

(2) The President shall have the power to veto anyparticular item or items in an appropriation,revenue, or tariff bill, but the veto shall not affectthe item or items to which he does not object.

ITEM OR LINE VETO

It is an exception to the general rulethat the President cannot veto a bill withoutvetoing the entire bill.It applies only to 3 kinds of Bill (ART)1. Appropriation Bills2. Revenue Bills3. Tariff Bills

Doctrine of Inappropriate ProvisionsSec 25(2) Article VINo provision or enactment shall be embraced in thegeneral appropriations bill unless it relatesspecifically to some particular appropriationtherein. Any such provision or enactment shall belimited in its operation to the appropriation towhich it relates.

It must relate specifically to someparticular appropriation therein, otherwise itbecomes an inappropriate provisions.

POWER OF IMPOUNDMENTIt is the refusal of the President to use

the fund appropriated by Congress. In effect itbecomes another kind of veto power of thePresident not found in the Constitution.

Instances where the President participate inthe law making-process:1. When the President exercises his Vetopower (Sec. 27, Art. VI)2. When the president calls for Special Session(Sec. 15, Art. VI)3. When the President certifies the urgency of the bill to meet Public Calamity or Emergency(Sec. 26, par 2 Art. VINOTE:

As a general rule: before a bill becomesa law, it should undergo 3 readings

EXCEPTION: When the Presidentcertifies the urgency of the bill4. The President signs a bill that becomes alaw (Sec. 27, Art. VI)5. The President prepares the budget which isthe basis of the General appropriation.(Sec.22 Art. VII)

BODIES ATTACHED TO CONGRESS1. Commission on Appointments2. Electoral Tribunal

a. House of Rep. Electoral Tribunal.b. Senate Electoral Tribunal

ELECTORAL TRIBUNALSection 17. The Senate and the House of Representatives shall each have an ElectoralTribunal which shall be the sole judge of allcontests relating to the election, returns, andqualifications of their respective Members. EachElectoral Tribunal shall be composed of nineMembers, three of whom shall be Justices of theSupreme Court to be designated by the Chief

Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as thecase may be, who shall be chosen on the basis of proportional representation from the politicalparties and the parties or organizations registeredunder the party-list system represented therein.The senior Justice in the Electoral Tribunal shall beits Chairman.

MEMBERS:Each Electoral Tribunal shall be

composed of 9 members: HRET/ SET JUDICIAL COMPONENT:

3 Justices of the Supreme Court, theCHAIRMAN is the most senior among thethree

LEGISLATIVE COMPONENT:

6 Congressmen or senators as the casemay be, chosen on the basis of proportional representation from politicalparties having membership in the Houseor Senate.

REMEMBER:Electoral Tribunal may meet when

Congress is NOT in session, they shall meet inaccordance with their rules regardless of whether the Congress is in session, BUT COACANNOT meet when Congress is not in sessionas mandated by Sec. 19, that’s why there aread interim appointment.

From the Decision of the Electoral Tribunal there can be NO APPEAL. TheElectoral Tribunal is the SOLE JUDGE of allcontests relating to election, returns andqualifications of their respective members”hence No appeal from their decision.

REMEDY:CERTIORARI under RULE 65 based ongrave abuse of discretion.

To be filed to the SUPREME COURT, thecomposition itself of the E.T. is composed of 3

Justices of the Supreme Court. It is but properthat the Supreme Court will review their actsand not the Court of Appeals.No appeal is allowed in the decisions of HRETand SET, for being the sole judge and since itis merely a statutory right.

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Remedy is to file a petition under Rule65, for grave abuse of discretion.

Sec. 6 of RA 6646, provides that if for anyreason the candidate sought to be disqualifiedbefore the election and who later on won, theCOMELEC and not the HRET has a continuous

jurisdiction over such disqualification since she

is not yet elected. (Imelda vs. Comelec)

Once a winning candidate has beenproclaimed, taken his oath and assumed officeas a member of the HR, the COMELEC’s

jurisdiction over election contest relating to hiselection, returns and qualification ends andthe HRET’s jurisdiction has begun. (Farinasvs. COMELEC)

Members of the HRET/SET shall have securityof tenure to insure their impartiality andindependence. (Bondoc vs. Pineda)

COMMISSION ON APPOINTMENTSSection 18. There shall be a Commission onAppointments consisting of the President of theSenate, as ex officio Chairman, twelve Senators,and twelve Members of the House of Representatives, elected by each House on thebasis of proportional representation from thepolitical parties and parties or organizationsregistered under the party-list system representedtherein. The chairman of the Commission shall notvote, except in case of a tie. The Commission shallact on all appointments submitted to it within thirtysession days of the Congress from their submission.The Commission shall rule by a majority vote of allthe Members.

25 MEMBERS:1 Senate Pres. – Ex-officio Chairman12 Senators12 Congressmen

Congressmen and Senators are chosenon the basis on proportional representationfrom the political parties having membershipin the House or Senate.

MAIN FUNCTION: To act on Presidential appointment.

Created to limit the power of thePresident, for they confirm the nomination of the President.

Only meet when Congress is in session,thereby ad-interim appointments are made.

Formula for both COA and HRET/SET:No of members/party x No of seats available

Total no of Senators/Congressmen

E.g. 10 x 12 = 5

24

E.g.Political party No. of Members Seats allocated

PPC 10 5LAMP 8 4LAKAS 4 2

LDP 2 1 Total 24 12

12 seats are not mandatory, so long as there isa quorumFractional representation is not allowed.

Section 19. The Electoral Tribunals and theCommission on Appointments shall be constitutedwithin thirty days after the Senate and the House of Representatives shall have been organized with theelection of the President and the Speaker. TheCommission on Appointments shall meet only whilethe Congress is in session, at the call of itsChairman or a majority of all its Members, todischarge such powers and functions as are hereinconferred upon it.

Section 20. The records and books of accounts of the Congress shall be preserved and be open to thepublic in accordance with law, and such books shallbe audited by the Commission on Audit which shallpublish annually an itemized list of amounts paid toand expenses incurred for each Member.

Section 21. The Senate or the House of Representatives or any of its respective committeesmay conduct inquiries in aid of legislation inaccordance with its duly published rules of procedure. The rights of persons appearing in, oraffected by, such inquiries shall be respected.

Congress has the Power to Conductinquires “in aid of Legislation”

Non legislative power for investigation

Legislative ContemptWhere a person did not cooperate with thesaid inquiry when summoned by the House of Representatives or by the Senate, he may bedeclared in contempt and the President cannotpardon it, may be sent to jail for such time thathe wants to cooperate. (Arnault vs.Nazareno)

No pardon for it will violate the Doctrineof Separation of Powers.Gen. Rule: Power of Contempt is judicial in

character (inherent in the court)Except: Congress or any of its committeewhen conducting inquires in aid of legislation

Not a political question thus can besubject to judicial review.

Not absolute:

• In aid of legislation;

• In accordance with it’s duly publishedrules of procedure;

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• Rights of the persons appearing oraffected by such inquiries shall berespected.

The Oversight Functions of Congress or legislative veto over“subordinate legislations” or the rules andregulations promulgated by administrative

agencies of the government is anindispensable power of the Congress for thedischarge of such broad power to legislate.

Embraces all activities undertaken bythe Congress to enhance its understanding of and influence over the implementation of legislation it has enacted. It has been held thatsuch power of oversight is intrinsic in the grantof legislative power itself and integral to thechecks and balances inherent in a democraticsystem of government.

Oversight concerns post-enactmentmeasures undertaken by Congress:

•

To monitor bureaucraticcompliance with program objectives;

• To determine whether agenciesare properly administered;

• To eliminate executive wasteand dishonesty;

• To prevent executive usurpationof legislative authority;

• To assess executive conformitywith the congressional perception of publicinterest.

The oversight power has also beenused to insure the accountability of regulatory

commissions. (Macalintal vs. Comelec)

Categories of Congressional OversightFunctions:a. strict scrutiny

It implies a lesser intensity andcontinuity of relations to administrativeoperations. Its primary purpose is to determineeconomy and efficiency of the operation of government activities. It is based primarily onthe power of appropriation of Congress.

In the exercise of this legislativescrutiny, Congress may:

1. May request information and reportfrom the other branches of thegovernment;

2. It can give recommendations or passresolutions for the consideration of theagency involved;

3. Exercise scrutiny through its power of confirmation by sharing in theappointing power of the President.

b. Investigation

This power involves more intensedigging of facts. This is recognized by the 1987Constitution under Section 21, Article VI, butnevertheless even without such, congressionalinvestigation has been held to be an essentialand appropriate auxiliary to the legislativefunction.

It has limitations:

•It must be in aid of legislative

functions;

• It must be conducted in accordancewith duly published rules of procedure;

• The persons appearing therein areafforded the constitutional rights.

c. supervisionConnotes a continuing and informed

awareness on the part of the congressionalcommittee regarding executive operations in agiven administrative area. Unlike the first twocategories, which involves past actions, inhere Congress scrutinize the exercise of

delegated law-making authority and permitsCongress to retain part of this delegatedauthority.Congress exercises its supervision over theexecutive agencies through its veto power.

Section 13 Art. VI“ No Senator or Member of the House Rep. mayhold any other office or employment in the Govt. orany subdivision, agency or instrumentality thereof,including GOCC or their subsidiaries during theirterm without forfeiting his seat.

INCOMPATIBLE OFFICE

Neither shall he be appointed to any office which hemay have been created or the emoluments thereof increased during the term for which he waselected”

FORBIDDEN OFFICE

Incompatible Office Forbidden OfficeOne which may notbe held by a memberduring his TERM of office WITHOUTFORFEITING HIS SEAT

One which isFORBIDDEN by laweven if he is willingto forfeit his seat.

A member mayvalidly appointed but

he forfeits his seatsQ: is it necessary forhim to resign beforehe accepts that otheroffice?A: NO need to resign,it is automatic

He may not bevalidly appointed

More of an inhibition More of a prohibition

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[or Vice-President or Acting President] of thePhilippines, preserve and defend its Constitution,execute its laws, do justice to every man, and consecrate myself to the service of the Nation. Sohelp me God.” [In case of affirmation, last sentencewill be omitted].

Valid Causes for Permanent Vacancy inthe PresidencySection 8. In case of death, permanent disability,

removal from office, or resignation of the President,the Vice-President shall become the President toserve the unexpired term. In case of death,permanent disability, removal from office, orresignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President untilthe President or Vice-President shall have beenelected and qualified.The Congress shall, by law, provide who shall serveas President in case of death, permanent disability,or resignation of the Acting President. He shallserve until the President or the Vice-President shallhave been elected and qualified, and be subject tothe same restrictions of powers and

disqualifications as the Acting President.1. Death2. Permanent Disability3. Removal from office by way of impeachment4. Resignation

Estrada vs. Desierto The Supreme Court ruled that Erap

resigned by applying the “Totality Test”a. intent to resignb. coupled by an action of relinquishment , notcovered by any requirement as to form of

resignation, may be oral or written, express orimplied. Totality of prior, contemporaneousand posterior facts and circumstantialevidence bearing a material relevance to theissue.

Section 9. Whenever there is a vacancy in the Officeof the Vice-President during the term for which hewas elected, the President shall nominate a Vice-President from among the Members of the Senateand the House of Representatives who shall assumeoffice upon confirmation by a majority vote of allthe Members of both Houses of the Congress,voting separately.

In case of vacancy in the Vice-Pres, The

President may nominate among the membersof BOTH houses voting separately.

Section 13. The President, Vice-President, theMembers of the Cabinet, and their deputies orassistants shall not, unless otherwise provided inthis Constitution, hold any other office oremployment during their tenure. They shall not,during said tenure, directly or indirectly, practiceany other profession, participate in any business, orbe financially interested in any contract with, or inany franchise, or special privilege granted by theGovernment or any subdivision, agency, or

instrumentality thereof, including government-owned or controlled corporations or theirsubsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

Nepotic AppointmentsThe spouse and relatives by consanguinity oraffinity within the fourth civil degree of thePresident shall not, during his tenure, be appointedas Members of the Constitutional Commissions, or

the Office of the Ombudsman, or as Secretaries,Undersecretaries, chairmen or heads of bureaus oroffices, including government-owned or controlledcorporations and their subsidiaries.

Section 14. Appointments extended by anActing President shall remain effective, unlessrevoked by the elected President, within ninetydays from his assumption or reassumption of office.

Section 15. Two months immediately beforethe next presidential elections and up to theend of his term, a President or Acting Presidentshall not make appointments, excepttemporary appointments to executivepositions when continued vacancies thereinwill prejudice public service or endanger publicsafety.

SPECIFIC POWERS OF THE PRESIDENT:1. Section 16, Art 7 – Appointing Power of thePresident – carries with it the power of removal(implied from his appointing power)2. Section 17, Art 7 – Power of Control of allexecutive departments, bureaus and offices.With respect to LGU, merely a General

Supervision (Section 4, Art. X)3. Section 18, Art 7 _ Military Power4. Section 19 – Pardoning power5. Section 20 – Borrowing Power6. Section 21 – Treaty-making power

Section 16. The President shall nominate and,with the consent of the Commission onAppointments, appoint the heads of theexecutive departments, ambassadors, otherpublic ministers and consuls, or officers of thearmed forces from the rank of colonel or navalcaptain, and other officers whose

appointments are vested in him in thisConstitution. He shall also appoint all otherofficers of the Government whoseappointments are not otherwise provided forby law, and those whom he may be authorizedby law to appoint. The Congress may, by law,vest the appointment of other officers lower inrank in the President alone, in the courts, or inthe heads of departments, agencies,commissions, or boards.

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The President shall have the power to makeappointments during the recess of theCongress, whether voluntary or compulsory,but such appointments shall be effective onlyuntil disapproved by the Commission onAppointments or until the next adjournment of the Congress.

Appointing PowerNot all appointments made by the

President shall be made a subject of confirmation by the COA

There were only several groupswhich require confirmation by the COA:

o Heads of the Departments orCabinet secretaries

EXCEPT: Vice-Pres. He/she does not need tobe confirmed by the Comm. Of Appointmentswhen appointed as a cabinet secretary (Sec. 3Art VII)

o Ambassadors and other Publicministers and consuls

o AFP officers from the rank of Colonel or Naval Captain

o Other officers whoseappointments are vested in himin the Constitution

REMEMBER The list is EXCLUSIVE, thus Congress

cannot enact a law altering the officers whichrequire confirmation of the COA under Sec. 16

Art 7 by way of reduction or addition.

AD-INTERIM APPOINTMENTSAn appointment made by the President

when Congress is not in session whether theappointment is voluntary or compulsory.

NATURE: The appointment is permanent and

takes effect immediately. The one appointedthereto can immediately assume office. ThePresident actually appoints and does notmerely nominate.

REGULAR APPOINTMENTAppointments made when Congress is

in session.

NATURE:Appointment does not take effect

immediately. It takes effect only after hisappointment has been confirmed by theComm. Of Appointment, he cannotimmediately assume office. The President

merely nominates the appointee. Unlike an ad-interim appointment, if later on hisappointment is not confirmed, he still maintainhis former position, meantime, if hisappointment was disapproved or by-passed,he does not lose his former office.

REAL DISTINCTION LIES IN THE EFFECTIVITY

IN AD-INTERIM APPOINMENT – AUTOMATIC,the appointee can immediately assume office.

There is a risk involved, runs the risk of losing both offices.

IN REGULAR APPOINTMENT – cannotimmediately assume office, does not takeeffect immediately. Wait until affirmed by theComm. Of Appointment.

LIMITATIONS ON THE APPOINMENTPOWER OF THE PRESIDENT:

1. Sec. 13 (2nd par)2. Sec. 143. Sec 15 ….exception temporaryappointments to executive positions whencontinued vacancies shall prejudice publicservice or public safety.

Section 15. Two months immediately before the nextpresidential elections and up to the end of his term, aPresident or Acting President shall not make appointments,except temporary appointments to executive positions whencontinued vacancies therein will prejudice public service or endanger public safety.

Directed against 2 types of appointments:

1. Appointments made for the purpose of buying votes or influencing the result of theelection.

These refers to those appointmentsmade within the 2 months preceding apresidential election and are similar to thosewhich are declared election offenses in theomnibus election code.2. Appointments made for the purpose of partisan considerations

Consist of the so-called “midnightappointments”

2 months --- election --- end of term(noonof June 30)

The underlined are the periods where noappointment is to be made except temporaryappointments.

In re: Valenzuela vs. VallartaIn this case RTC judges were appointed

on March 30, 1998, the election was May 11,1998, the Supreme Court held that in falls

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within the prohibited period, considered asMid-night appointment by way appointingthem for buying votes or influencing the resultof the election De Rama vs. C.A.

In this case she was a municipal mayor,before she vacated her position; she filled up

all the positions. When her successor sits, nomore vacancy. The new mayor nullified all thenullified all the appointments an said that itwas a midnight appointment.

The Supreme Court held that Section15 of Art. VII applies ONLY to the Presidentialor acting Presidential appointment, there is nolaw prohibiting local elective officials fromappointing during his last day of terms

Doctrine of Qualified Political Agency orthe Alter Ego DoctrineSection 17. The President shall have control of allthe executive departments, bureaus, and offices.

He shall ensure that the laws be faithfully executed.

The acts or decision of members of theexecutive departments, bureaus and otheroffice are deemed to be the acts/ decisions of the President himself if it involves the regularconduct of the business unless disapprove byhim.

(Correlate with the local governments andtheir officials sec. 4 of ART X and Sec. 2 of Art. X )GENERAL SUPERVISION – the President’s

power over the LGU’s since they enjoy localautonomy.

The power to generally oversee that LGU’sperform their powers and functions inaccordance with law.

Commander in Chief ProvisionSection 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines andwhenever it becomes necessary, he may call outsuch armed forces to prevent or suppress lawlessviolence, invasion or rebellion. In case of invasionor rebellion, when the public safety requires it, hemay, for a period not exceeding sixty days, suspendthe privilege of the writ of habeas corpus or place

the Philippines or any part thereof under martiallaw. Within forty-eight hours from the proclamationof martial law or the suspension of the privilege of the writ of habeas corpus, the President shallsubmit a report in person or in writing to theCongress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular orspecial session, may revoke such proclamation orsuspension, which revocation shall not be set asideby the President. Upon the initiative of thePresident, the Congress may, in the same manner,extend such proclamation or suspension for aperiod to be determined by the Congress, if the

invasion or rebellion shall persist and public safetyrequires it.The Congress, if not in session, shall, within twenty-four hours following such proclamation orsuspension, convene in accordance with its ruleswithout need of a call.The Supreme Court may review, in an appropriateproceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial lawor the suspension of the privilege of the writ of habeas corpus or the extension thereof, and mustpromulgate its decision thereon within thirty daysfrom its filing.A state of martial law does not suspend theoperation of the Constitution, nor supplant thefunctioning of the civil courts or legislativeassemblies, nor authorize the conferment of

jurisdiction on military courts and agencies overcivilians where civil courts are able to function, norautomatically suspend the privilege of the writ of habeas corpus.The suspension of the privilege of the writ of habeas corpus shall apply only to persons judiciallycharged for rebellion or offenses inherent in, ordirectly connected with, invasion.During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or

detained shall be judicially charged within threedays, otherwise he shall be released.

A. Calling-out Power (IBP vs. Zamora)B. Martial LawC. Power to suspend the privilege of the writ of habeas Corpus

Pardoning PowerSection 19. Except in cases of impeachment, or asotherwise provided in this Constitution, thePresident may grant reprieves, commutations, andpardons, and remit fines and forfeitures, afterconviction by final judgment.He shall also have the power to grant amnesty withthe concurrence of a majority of all the Members of the Congress.

1. Reprieve – suspension of the execution of the death sentence2. Commutation – reduction of the penalty onedegree lower3. Pardon – Private act of the President thaterases the effects of the crime4. Remit Fines and Forfeitures5. Amnesty – requires the majority vote of allthe members of Congress; erases both theeffect of the crime and the conviction.

Reprieve, commutation and pardonrequire that there be a conviction of final

judgment while the amnesty does not requiresuch.

Reprieve, commutation, pardon andremittance of fines and forfeitures cannot begranted in cases of IMPEACHMENT since suchproceedings are not judicial or criminal innature

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