Professional Documents
Culture Documents
The principle may be inferred that the President - in the course of conducting peace negotiations - may
validly consider implementing even those policies that require changes to the Constitution, but she may
not unilaterally implement them without the intervention of Congress, or act in any way as if the assent
of that body were assumed as a certainty. The Presidents power is limited only to the preservation and
defense of the Constitution but not changing the same but simply recommending proposed amendments
or revisions.
MalariaEmployeesandWorkersAssociationv.HonorableExecutiveSecretary
SubjectisthevalidityofExecutiveOrder(E.O.)No.102,1thelawRedirectingtheFunctionsand
OperationsoftheDepartmentofHealth.
Asfarasbureaus,agencies,orofficesintheexecutivedepartmentareconcerned,thePresident'spower
ofcontrolmayjustifyhimtoinactivatethefunctionsofaparticularoffice,orcertainlawsmaygrant
himthebroadauthoritytocarryoutreorganizationmeasures.
TheonlylimitsetbytheCourttothePresident'sbroadauthoritytoreorganizeisthetestofgoodfaith.
ThePresidentmustexercisegoodfaithincarryingoutthereorganizationofanybranchoragency
oftheexecutivedepartment.Reorganizationiseffectedingoodfaithifitisforthepurposeof
economyortomakebureaucracymoreefficient.R.A.No.6656providesforthecircumstanceswhich
maybeconsideredasevidenceofbadfaithintheremovalofcivilserviceemployeesmadeasaresult
ofreorganization,towit:(a)wherethereisasignificantincreaseinthenumberofpositionsinthenew
staffingpatternofthedepartmentoragencyconcerned;(b)whereanofficeisabolishedandanother
performingsubstantiallythesamefunctionsiscreated;(c)whereincumbentsarereplacedbythoseless
qualifiedintermsofstatusofappointment,performanceandmerit;(d)wherethereisaclassificationof
officesinthedepartmentoragencyconcernedandthereclassifiedofficesperformsubstantiallythe
samefunctionsastheoriginaloffices;and(e)wheretheremovalviolatestheorderofseparation.
LEAGUEOFPROVINCESOFTHEPHILIPPINESv.DENRandSecretary
Subject is the petition to prohibit and bar respondents from exercising control over provinces
anddeclare as illegal the DENR Secretarys nullification, voiding and cancellation of the SmallScale Mining permits issued by the Provincial Governor of Bulacan.
Control is the power of an officer to alter or modify or set aside what a subordinate officer
had done in the performance of his/her duties and to substitute the judgment of the former for
the latter. Supervision is the power of a superior officer to see to it that lower officers perform
their function in accordance with law.
The DENR is in charge of carrying out the States constitutional mandate to control and
supervise the exploration, development and utilization of the countrys natural resources. The
enforcement of the small-scale mining law by the provincial government is subject to the
supervision, control and review of the DENR.
BIRAOGOVSPTC
ThePresidentspowertoconductinvestigationstoaidhiminensuringthefaithfulexecutionof
lawsinthiscase,fundamentallawsonpublicaccountabilityandtransparencyisinherentinthe
Presidents powers as the Chief Executive. That the authority of the President to conduct
investigationsandtocreatebodiestoexecutethispowerisnotexplicitlymentionedinthe
Constitutionorinstatutesdoesnotmeanthatheisbereftofsuchauthority.
Itshouldbestressedthatthepurposeofallowingadhocinvestigatingbodiestoexististoallow
aninquiryintomatterswhichthePresidentisentitledtoknowsothathecanbeproperly
advisedandguidedintheperformanceofhisdutiesrelativetotheexecutionandenforcement
ofthelawsoftheland.
The Constitution does not require the President to declare a state of rebellion to
exercise her calling out power grants. Section 18, Article VII grants the President,
as Commander-in-Chief, a sequence of graduated power[s].
The foregoing discussion notwithstanding, in calling out the armed forces, a
declaration of a state of rebellion is an utter superfluity. At most, it only gives
notice to the nation that such a state exists and that the armed forces may be
called to prevent or suppress it. Perhaps the declaration may wreak emotional
effects upon the perceived enemies of the State, even on the entire nation. But
the Courts mandate is to probe only into the legal consequences of the
declaration. The Court finds that such a declaration is devoid of any legal
significance. For all legal intents, the declaration is deemed not written.
IBPvs.Zamora
PresidentasstatedinSection18,ArticleVIIoftheConstitution,specifically,thepowertocalloutthe
armedforcestopreventorsuppresslawlessviolence,invasionorrebellion.Callingthearmedforcesis
notproperforjudicialscrutinysinceitinvolvesapoliticalquestionandtheresolutionoffactualissues
whicharebeyondthereviewpowersofthisCourt.
Bygraveabuseofdiscretionismeantsimplycapriciousorwhimsicalexerciseofjudgmentthatis
patentandgrossastoamounttoanevasionofpositivedutyoravirtualrefusaltoperformaduty
enjoinedbylaw,ortoactatallincontemplationoflaw,aswherethepowerisexercisedinanarbitrary
anddespoticmannerbyreasonofpassionorhostility.WhenthePresidentcallsthearmedforcesto
preventorsuppresslawlessviolence,invasionorrebellion,henecessarilyexercisesadiscretionary
powersolelyvestedinhiswisdom.
IBP v. Zamora
Pres. Estrada ordered the deployment of the Phil. Marines to join in visibility patrols around the
metropolis. The Pres. invoked his Comm.-in-Chief powers under Sec 18, Art VII of the Constitution.
Locus standi has been defined as personal & substantial interest in the case such that the party has
sustained or will sustain direct injury as result of the challenged act. In this case, IBP primarily
anchors its standing on its alleged responsibility to uphold the constitution. The mere invocation by
the IBP of its duty to preserve the rule of law & nothing more, while undoubtedly true, is not sufficient
to clothed it w/ standing. That is too general, an interests that is shared by other groups & the whole
citizenry. IBPs fundamental purpose that is to elevate the standards of the law profession & improve
the administration of justice, cannot be affected by the deployment of the Marines.
BAYAN V. ZAMORA
Petitioners failed to show that they have sustained, or are in danger of sustaining any direct injury as
a result of the enforcement of the VFA. As taxpayers, petitioners have not established that the VFA
involves the exercise by Congress of its taxing or spending powers. On this point, it bears stressing
that a taxpayers suit refers to a case where the act complained of directly involves the illegal
disbursement of public funds derived from taxation.
GONZALESVS.NARVASA
Locus standi in assailing the constitutionality of the creation of the Preparatory Commission on
Constitutional Reform (PCCR).
A citizen acquires standing only if he can establish that he has suffered some actual or threatened
injury as a result of the allegedly illegal conduct of the government; the injury is fairly traceable
to the challenged action; and the injury is likely to be redressed by a favorable action.
Furthermore, a taxpayer is deemed to have the standing to raise a constitutional issue when it is
established that public funds have been disbursed in alleged contravention of the law or the
Constitution.
Republicvs.Garcia,G.R.No.167741,July12,2007
TheCourtmaylookintoandresolvequestionsofwhetherornotsuchjudgmenthasbeenmadewithgrave
abuseofdiscretion,whentheactofthelegislativeorexecutivedepartmentiscontrarytotheConstitution,the
laworjurisprudence,orwhenexecutedwhimsically,capriciouslyorarbitrarilyoutofmalice,illwillor
personalbias.
entity would impact directly on the success or the failure of the electoral process. Thus,
any taint on the sanctity of the ballot as the expression of the will of the people would
inevitably affect their faith in the democratic system of government. Petitioners further
argue that the award of any contract for automation involves disbursement of public
funds in gargantuan amounts; therefore, public interest requires that the laws governing
the transaction must be followed strictly.
Moreover, this Court has held that taxpayers are allowed to sue when there is a claim of
"illegal disbursement of public funds," or if public money is being "deflected to any
improper purpose"; or when petitioners seek to restrain respondent from "wasting public
funds through the enforcement of an invalid or unconstitutional law."
not occur at all. The House has not yet performed a positive act that would warrant an
intervention from this Court.
Neither can the lack of locus standi be cured by the claim of petitioners that they are
instituting the cases at bar as taxpayers and concerned citizens. A taxpayers suit
requires that the act complained of directly involves the illegal disbursement of public
funds derived from taxation. It is undisputed that there has been no allocation or
disbursement of public funds in this case as of yet.
the express mandate of the Constitution but especially as regards the Supreme Court, of the
independence and separation of powers upon which the entire fabric of our constitutional system
is based.