Professional Documents
Culture Documents
convention. Two recent conflicts occurred in the Gulf of Sidra where Libya has
Territorial waters, or a territorial sea, as defined by the 1982 United Nations claimed the entire gulf as its territorial waters and the U.S. has twice enforced
Convention on the Law of the Sea[1], is a belt of coastal waters extending at most freedom of navigation rights (Gulf of Sidra incident (1981), Gulf of Sidra incident
twelve nautical miles from the baseline (usually the mean low-water mark) of a (1989)).
coastal state. The territorial sea is regarded as the sovereign territory of the state,
although foreign ships (both military and civilian) are allowed innocent passage CONTIGUOUS ZONE: The contiguous zone is a band of water extending from the
through it; this sovereignty also extends to the airspace over and seabed below. outer edge of the territorial sea to up to 24 nautical miles (44 km) from the baseline,
within which a state can exert limited control for the purpose of preventing or
The term "territorial waters" is also sometimes used informally to describe any area of punishing "infringement of its customs, fiscal, immigration or sanitary laws and
water over which a state has jurisdiction, including internal waters, the contiguous regulations within its territory or territorial sea". This will typically be 12 nautical
zone, the exclusive economic zone and potentially the continental shelf. miles (22 km) wide, but could be more (if a state has chosen to claim a territorial sea
of less than 12 nautical miles), or less, if it would otherwise overlap another state's
BASELINE: Normally, the baseline from which the territorial sea is measured is the contiguous zone. However, unlike the territorial sea there is no standard rule for
low-water line along the coast as marked on large-scale charts officially recognized resolving such conflicts, and the states in question must negotiate their own
by the coastal state. This is either the low-water mark closest to the shore, or compromise. The United States invoked a contiguous zone on 24 September 1999.[2]
alternatively it may be an unlimited distance from permanently exposed land,
provided that some portion of elevations exposed at low tide but covered at high tide
(like mud flats) is within 12 nautical miles (22 km) of permanently exposed land. CONTINENTAL SHELF: Article 76[4] gives the legal definition of continental shelf
Straight baselines can alternatively be defined connecting fringing islands along a of coastal countries. For the physical geography definition, see the continental shelf
coast, across the mouths of rivers, or with certain restrictions across the mouths of
bays. In this case, a bay is defined as "a well-marked indentation whose penetration is page.
in such proportion to the width of its mouth as to contain land-locked waters and
constitute more than a mere curvature of the coast. An indentation shall not, however, The continental shelf of a coastal nation extends out to the outer edge of the
be regarded as a bay unless its area is as large as, or larger than, that of the semi-circle
whose diameter is a line drawn across the mouth of that indentation". The baseline continental margin but at least 200 nautical miles (370 km) from the baselines of the
across the bay must also be no more than 24 nautical miles (44 km) in length.
territorial sea if the continental margin does not stretch that far. The outer limit of a
INTERNAL WATERS: Waters landward of the baseline are defined as internal country's continental shelf shall not stretch beyond 350 nautical miles (648 km) of the
waters, over which the state has complete jurisdiction: not even innocent passage is
allowed. Lakes and rivers are considered internal waters, as are all "archipelagic baseline, or beyond 100 nautical miles (185 km) from the 2,500 meter isobath, which
waters" within the outermost islands of an archipelagic state such as Indonesia or the
Philippines. is a line connecting the depths of the seabed at 2,500 meters.
The outer edge of the continental margin for the purposes of this article is defined as:
TERRITORIAL SEA: A state's territorial sea extends up to 12 nautical miles (22 km)
from its baseline. If this would overlap with another state's territorial sea, the border is a series of lines joining points not more than 60 nautical miles (111 km) apart
taken as the median point between the states' baselines, unless the states in question where the thickness of sedimentary rocks is at least 1% of the height of the
agree otherwise. A state can also choose to claim a smaller territorial sea. continental shelf above the foot of the continental slope; or
Conflicts still occur whenever a coastal nation claims an entire gulf as its territorial a series of lines joining points not more than 60 nautical miles apart that is not
not include government entities which are given a corporate personality separate and
more than 60 nautical miles from the foot of the continental margin. distinct from the government and which are governed by the Corporation law. Their
The foot of the continental slope is determined as the point of maximum change in the powers, duties and liabilities have to be determined in the light of that law and their
corporate charters.
gradient at its base.
ACCFA vs. CUGCO
The portion of the continental shelf beyond the 200 nautical mile limit is also known
Governmental functions:
as the extended continental shelf. Countries wishing to delimit their outer continental
1) constituent – the very bonds of society and are compulsory
shelf beyond 200 nautical miles have to submit information on their claim to the
2) ministrant – undertaken only by way of advancing the general interest of
Commission on the Limits of the Continental Shelf. The Commission must make society; optional.
recommendations on matters related to the establishment of the outer limits of their
Land reform program – governmental function and cannot be undertaken by any
continental shelf. The limits established based on these recommendations shall be private enterprise (no capacity).
final and binding. PVTA vs. CIR
Countries were supposed to lodge their submissions to extend their continental shelf
Government to provide for general welfare. Government entrusted to be responsible
beyond 200 nautical miles within 10 years of UNCLOS coming into force in the
for coping with social and economic problems with commensurate power of control
country, or by 13 May 2009 for countries where the convention had come into force
over economic affairs: live up to commitment of promoting general welfare through
before 13 May 1999. As of 1 June 2009, 51 submissions have been lodged with the
state action.
Commission, of which 8 have been deliberated by the Commission and have had
recommendations issued. The 8 are (in the order of date of submission): Russian Republic vs. Judge of CFI Rizal
Federation; Brazil; Australia; Ireland; New Zealand; the joint submission by France,
Ireland, Spain and the United Kingdom; Norway and Mexico. A coastal nation has The rice and Corn Administration is a government agency without a distinct and
control of all resources on or under its continental shelf, living or not, but no control separate legal personality from that of the Republic of the Philippines.
over any living organisms above the shelf that are beyond its exclusive economic
zone. This gives it the right to conduct petroleum drilling works and lay submarine VFP vs. Reyes
cables or pipelines in its continental shelf.
Public Office – the right, authority and duty, created and conferred by law, by which,
Article II for a given period, either fixed by law or enduring at the pleasure of the creating
power, an individual is vested with some portion of sovereign functions of the
Section 1: Philippines as a democratic and republican State government, to be exercised by him for the benefit of the public.
Bacani vs. NACOCO Office (distinguished from employment or contract) – the creation and conferring of
an office involves a delegation to the individual of some of the sovereign functions of
Government Functions: (revised Admin. Code) refers only to government entity the government, for the benefit of the public; that some portion of the sovereign
through which the function of the government are exercised as an attribute of function of the country, either legislative, executive or judicial, attaches, for the time
sovereignty, and in this are included those arms to the government through w/c being, to be exercised for the public benefit.
political authority is made effective whether they be provincial, municipal or other
form of local government. These are what we call municipal corporations. They do MIAA vs. CA
GOCC – a stock or non-stock corporation, vested with functions relating to the public XIV)
needs whether governmental or proprietary in nature, and owned by the government
directly or through its instrumentalities either wholly, or where applicable (for stock De Jure and De Facto Government
corps.), to the extent of at least 51% of its capital stock.
Co Kim Cham vs. Valdez Tan Keh
(MIAA as a government instrumentality) Instrumentality – defined as any agency of
the National Government, not integrated within the department framework, vested Kinds of de facto government: 1) government that gets possession and control of, or
with special functions or jurisdiction by law, endowed with some if not all corporate usurps, by force or by the voice of the majority, the rightful legal government and
powers, administering special funds, and enjoying operational autonomy, usually maintains itself against the will of the latter (like England under the Commonwealth);
through a charter. 2) established and maintained by military forces who invade and occupy a territory of
the enemy in the course of war, and which is denominated a government of paramount
Ramiscal vs. Sandiganbayan force (like Castine in Maine and Tampico, Mexico); 3) established as an independent
government by the inhabitants of a country who rise in insurrection against the parent
AFP-RSBS – a GOCC and its funds are in the nature of public funds. Sandiganbayan State (like the Southern Confederacy).
has jurisdiction over offenses committed by presidents, directors, trustees or managers
of GOCCs. What charges to file, and who are to be charged are matters addressed to Distinguishing characteristics of the 2nd kind of de facto government: 1) its existence
the discretion of the Ombudsman. is maintained by active military power within the territories and against the rightful
authority of an established and lawful government; 2) while it exists it must
Alzaga vs. Sandiganbayan necessarily be obeyed in civil matters by private citizens who, by acts of obedience
rendered in submission to such force, do not become responsible, as wrongdoers, for
The character and operations of the AFP-RSBS are imbued with public interest thus those acts, though not warranted by the laws of the rightful government.
the same is a government entity and its funds are in the nature of public funds.
(similar to the GSIS) Letter of Associate justice Puno
PSPCA vs. COA Revolution – the complete overthrow of the established government in any country or
state by those who were previously subject to it.; sudden, radical and fundamental
GOCCs are subject to the control or supervision of the State (unlike PSPCA). A change in the government or political system, usually effected with violence or at
juridical entity impressed with public interest does not make the entity a public least some acts of violence; occurs whenever the legal order of a community is
corporation. The true criterion to determine whether a corporation is public or private nullified and replaced by a new order… away not prescribed by the first order itself.
is found in the totality of the relation of the corporation to the State. If it is created by
the State as its own agency or instrumentality to help in carrying out its governmental The Aquino government was revolutionary government due to the fact that it was
functions, then that corporation is considered public; otherwise, it is private. established in defiance of the existing legal processes. It was a revamp of the
Judiciary and the Military signaled the point when the legal system then in effect, had
Serana vs. Sandiganbayan ceased to be obeyed by the Filipino. (De Facto Government).
A UP Student Regent is a public officer. It is not a natural right. It exists, when it People vs. Gozo
exists at all only because and by virtue of some law expressly or impliedly creating or
conferring it. Compensation is not an essential element of public office. It is merely The Philippines has authority over its entire domain. There is no portion of it that is
incidental to the public office. Delegation of sovereign functions is essential in public beyond its power. Within its limits, its decrees are supreme, its commands paramount.
office. An investment on an individual of some portion of the sovereign functions of Its laws govern therein and apply to all. The extent of its jurisdiction is both territorial
the government, to be exercised by him for the benefit of the public makes one a and personal. A State may allow another to participate in the exercise of jurisdictional
public officer. The administration of UP is a sovereign function of the State. (Art. right over certain portions of its territory (auto-limitation) but these areas do not retain
an alien character, but remain as native soil. Under the 1987 Constitution, international law can become part of the law of the land
either by transformation or incorporation. Transformation requires that the
Section 2: International Law and Philippine Municipal Law international law be transformed into domestic law through a constitutional
mechanism such as local legislation. Incorporation applies, when by mere
Tanada vs. Angara constitutional declaration , international law is deemed to have force and effect of
domestic law. Treaties become part of the law of the land through transformation, by
The principles in Art. 2 are not intended to be self-executing principles ready for the concurrence of 2/3 majority vote of the members of Senate.
enforcement of the courts. They are used by the judiciary as aids or as guides in the
exercise of its power of judicial review. They do not embody judicially enforceable Section 3: Civilian Supremacy
rights but guidelines for legislation. A law should be passed by Congress to clearly
define and effectuate such principles. GATT as international law needs to be ratified IBP vs. Zamora
to be transformed into municipal law.
Orders which resemble the functions of aid by the AFP already present and existent
Bayan vs. Zamora within the functions of society such as elections, national exams, relief and rescue
operations and projects of the Red Cross, are not violative of civilian supremacy.
As long as the VFA possesses the elements of an agreement under international law,
the said agreement is to be taken equally as a treaty, which is an international Section 5: Maintenance of Peace and Order
instrument concluded between States in written form and governed by international
law, whether embodied in a single instrument or in 2 or more related instruments, and Kilosbayan vs. Morato
whatever it particular designation. In international law, there is no difference between
treaties and executive agreements in their binding effect upon states concerned, as The principles in Article 2 do not embody self-executing constitutional rights, but
long as the negotiating functionaries have remained within their powers. In this, mere guidelines for legislation and aid for the judiciary.
jurisdiction, we have recognized the binding effect of executive agreements even
without the concurrence of the Senate or Congress. Section 12: Family life, mother, unborn
A party to a treaty is not allowed to invoke its internal law as justification for its On the basis of the right to privacy, abortion was legalized up to the 6th month of
failure to perform a treaty. A treaty is favored over municipal law pursuant to the pregnancy. The constitutional provision bars any application of the Roe vs. wade
principle of pacta sunt servanda. Every treaty in force is binding upon the parties to it decision in this jurisdiction.
and must be performed by them in good faith. The VFA gives legitimacy to the
Balikatan Exercises. Meyer vs. Nebraska
Mijares vs. Ranada Education should always be diligently promoted as it has always been regarded as a
matter of supreme importance. It is the natural duty of the parent to give his children
There is no obligatory rule derived from treaties or conventions that requires the education suitable to his station in life. Rights of parents are superior to the State.
Philippines to recognize foreign judgments, or allow a procedure for the enforcement
thereof. Pierce vs. Society of Sister
Shagri-La vs. Developers The fundamental theory of liberty exclude any general power to standardize its
children by forcing them to accept instruction from public school teachers only.
Pharmaceutical vs. Duque III
Wisconsin vs. Yoder
Only those interests of the highest order and those not otherwise served can over- especially in such strategic industries as in the development of natural resources and
balance the primary interest of parents in the religious upbringing of their children. public utilities. It does not prohibit competition, so long as it is fair and reasonable.
Some amount of competition would be beneficial for the consumers, as well as
Inherent duty of the state to act as parens patriae (parent of the STATE). producers.
Schools may take disciplinary action when: Section 26: Equal access to political opportunities and political dynasties
1. violations of school policies in connection with school sponsored activities Pamatong vs. Comelec
2. misconduct affecting student’s status or good name or reputation of the There is no constitutional right to run for or hold public office and, particularly, to
school. seek the presidency. What is recognized is merely a privilege subject to limitations
imposed by the law. Equality is not sacrificed so long as the burdens engendered by
Ginsburg vs. New York the limitations are meant to be borne be any one who is minded to file a certificate of
candidacy.
The knowledge that parental control cannot always be provided and society’s
transcendent interest in protecting the welfare of the children justify reasonable Article VI
regulation of the sale of material to them.
Powers of Congress: plenary: article XVI authorizes Congress to pass law to change
Section 16: Right to a balanced and healthful ecology name of country, national anthem or national flag; subject to ratification by the
people.
Opposa vs. Factoran
VALID DELEGATION
Intergenerational justice and responsibility: Section 16 one of the few self-executing
principles in Article 2. Legislative/ Law making
LLDA vs. CA Legislative <-> Executive
It is a constitutional commonplace that the ordinary requirements of due process yield Law <-> Implementing Rules and Regulations
to the necessities of protecting vital public interests like the protection of the safety,
health and general welfare and comfort of the public, as well as the protection of plant Law-making <-> Rule-making
and animal life: through the exercise of police power.
Principle of non-delegability of Legislative Power
Section 19: Self-reliant and independent national economy
People v. Rosenthal – Blue Sky Law
Garcia vs. BOI
The executive has the power of subordinate legislation, insofar as it interprets the laws
The State shall develop self-reliant and independent national economy effectively were it is based, and not going beyond and enacting laws. Moreover, this enhances
controlled by Filipinos. The government must run its affairs the way it deems best for convenience and promotes specialization through the administrative bodies.
the national interest, without any external influence or control.
Substantive shares- under insular treasurer
Tanada vs. Angara
Not undue delegation: standard of “public interest”
Independence refers to freedom from undue foreign control of the national economy
Delegation to be made: sufficient standard to define rules and regulations fundamental policy. Otherwise, the charge of complete abdication may be heard to
repel. A standard thus defines legislative policy, marks its limits, maps out its
Law’s constitutional basis: boundaries and specifies the public agency to apply it. It indicates the circumstances
under which the legislative command is to be effected. It is the criterion by which
1. Public purpose legislative purpose may be carried out. Thereafter, the executive or administrative
office designated may in pursuance of the above guidelines promulgate supplemental
2. Reasonableness of means rules and regulations. The standard may be either express or implied. If the former,
the non-delegation objection is easily met. The standard though does not have to be
Araneta vs. Gatmaitan – EO 22, 66 and 88
spelled out specifically. It could be implied from the policy and purpose of the act
The legislature has the discretion to what the law should be while the executive has considered as a whole. In the Reflector Law, clearly the legislative objective is public
the authority or discretion to the execution of such laws, provided that the execution safety.
be exercised under and in pursuance of the law.
EWD – LOI 229 and 479
Any fishing net or fishing device – Protect fish fry and fish eggs (under fisheries law)
Memorandum Circular No. 32
Fish trawl – destroys fish fry and fish eggs and comes under “Any fishing net or
Standard – “Public Safety”
fishing device”
Vienna Convention for Road Signs and Signals
People vs. Maceren
Free Telephone Workers vs. Min. of labor
The lawmaking body cannot delegate to an executive official the power to declare
what acts should constitute a criminal offense. It can only authorize the issuance of What cannot be delegated is the authority under the Constitution to make laws and to
regulations and the imposition of the penalty provided for in the law itself. An alter and repeal them; the test is the completeness of the statute in all its term and
administrative agency cannot amend an act of Congress. provisions when it leaves the hands of the legislature.” SC furthered that there lies a
distinction between the (1) delegation of power to make the laws that necessarily
“obnoxious and poisonous substance” – under fisheries law prohibited
involves a discretion as to what it shall be (law-making powers of the Congress) and
Fisheries Administrative 84 – Prohibits electro fishing (created by sec. of Agriculture (2) delegation of authority as to its execution to be exercised under and in pursuance
and Natural resources, and Commissioner of Fisheries) of the law (law-execution powers of administrative bodies). This principle of non-
delegation is in response to “the complexities of modern governments giving rise to
- Penalizes something that is not included in the law that created it (fisheries the adoption, within certain limits, of the principle of ‘subordinate legislation.
law)
Min of Labor – resolve labor disputes -> compulsory arbitration of NLRC
- Test of completeness and Sufficient standard test
Eastern Shipping vs. POEA
- Ad. 84 goes beyond the fisheries law: added the criminalization of electro
fishing With the proliferation of specialized activities and their attendant of peculiar
problems, the national legislature has found it more necessary to entrust to
Agustin vs. Edu administrative agencies the authority to issue rules to carry out the general provisions
of the statute. This is called the power of subordinate legislation.
To avoid the taint of unlawful delegation, there must be a standard, which implies at
the very least that the legislative itself determines matters of principle and lays down Memorandum Circular No. 2 – implementation
Standard: fair and equitable employment practice (1) Complete in itself, that it must set forth the policy to be executed by the
delegate and
No contract bet employer and employee – POEA to protect the employee (2) It must fix a standard—limits of which are sufficiently determinate or
Tablarin vs. Gutierrez determinable—to which the delegate must conform.
The standard of legislative delegation must be express or implied. If the former, the
With the growing complexities of modern life, the multiplication of the subjects of non-delegation objection is easily met. The standard though does not have to be
governmental regulation, and the increased difficulty of administering the laws, there spelled out specifically. It could be implied from the policy and purpose of the act
is a constantly growing tendency toward the delegation of greater power by the considered as a whole. What the law intended was to permit the additional imposts for
legislature, and toward the approval of the practice by the courts. As regards the issue as long as there exists a need to protect the general public and the petroleum industry
of failing to establish the necessary standards, the court believes that standards have from the adverse consequences of pump rate fluctuations.
indeed been set, as can be found in Section 1 of the 1959 Medical Act: “the
standardization and regulation of medical education. OPSF – Created by Marcos – reimburse oil companies of the changes in the price to
stabilize prices for consumers
RA 2382 created the Board of Medical Education
Oil Producers -> Market forces change prices -> imported to Philippines
Standard: standardization and regulation of the Medical education: power to
determine and prescribe requirements for the admission into Med schools Viola vs. Alunan
Order 52: creation of NMAT for standardization Local Government Code – provides National Liga authority to create positions, as it
may deem necessary.
Guingona v. Carague
Fernandez v. Sto Tomas
Delegation of Legislative Powers: The legislature does not abdicate its function when
it describes what job must be done, who is to do it, and what is the scope of his Authority to reorganize civil service commission
authority. The power to make laws and to alter and repeal them CANNOT be
delegated. Standard: decentralization for efficiency and responsiveness in the management of the
agencies
Completeness of Law: The law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for the Not create and abolish but to reorganize: revised administrative code
delegate to do when it reaches him except to execute and enforce it.
Chiongbian v. Orbos
Budget Appropriation – books of treasury determine the appropriation for debt
RA 6734 ARMM plebiscite: 4 provinces for creation of autonomous region
Total amount of debt along with interests and other fees – standard to be used
President given power to merge the remaining regions: sufficient standard: efficient
Conference vs. POEA
administration implied in another law
POEA Resolution to increase seamen compensation and benefits
Rodrigo vs. Sandiganbayan
Osmena vs. Orbos
DBM given authority to fill in the details of the salary grade, classification
For a valid delegation of power, it is essential that the law delegating the power
Not undue delegation: standards given
must be
Abakada v. Ermita Complete: amount of universal charge is based on guidelines provided in EPIRA
Vat 10% to 12%, following certain criteria Sufficient Standard: total electrification, viability of power industry, electricity made
affordable
President, through the Secretary of Finance, given criteria to ascertain facts of the
situation in relation to the implementation of the increase. The case is not a delegation ABAKADA vs. Purisima
of legislative power but a “delegation of ascertainment of facts” upon which the
enforcement and administration of the increase rate under the law is contingent. The BIR and BOC: system of rewards and sanctions
legislature has made the 12% rate contingent upon a specified fact or condition, which
is outside of the control of the executive. Thus, there is no discretion that is exercised Revenue targets given by DBCC; employees covered by the civil service commission
by the President. The court cited Wayman vs. Southward: “The power to ascertain and contracts of the employees
facts is such a power which may be delegated. There is nothing essentially legislative
in ascertaining the existence of facts or conditions as the basis of the taking into effect UNDUE DELEGATION
of law” The ground for this that legislature has determined that under given
People vs. Vera
circumstances, certain executive or administrative action is to be taken and that under
other circumstances, different or no action at all is to be taken. What is left to the Probation Act – will only be applied to provinces which provide salaries for probation
administration is not legislative determination of what public policy demands but officers
simply an ascertainment of what the facts of the case require to be done according to
the terms of the law by which he is governed. Not complete in itself – w/n having probation officers under discretion of the
provincial board
Beltran v. Sec. of Health
Not sufficient standard – arbitrary standard given
RA 7719 Voluntary Blood Donation and regulate blood banks
People vs. Barrias
Public Health sufficient guideline. There is a valid exercise of police power if (a)
public interest requires state interference, and (b) the means employed are necessary The penalty must not be left to the administrative agency, but must be provided by
to the attainment of such objectives. in this regard the interests of the statute.
owners/operators of the CBBs must give way to the higher interest of the people.
People vs. Panlilio
Bayan v. Ermita
Act No. 1760 – not criminalizing act
BP No. 880 permits for rallies: issued by the Mayor, clear and present danger standard
for issuance May be charged under other law: Penal Code
The delegation to the mayors of the power to issue rally permits is valid because it is People vs. Dacuycuy
subject to the constitutionally-sound “clear and present danger” standard.
Law imposes fine, but no terms of imprisonment – Minimum, medium and maximum
Gerochi vs. DOE sentence depending on the circumstances of the crime (mitigating, etc.)
Constitutionality of EPIRA and Universal Charge Judge given legal discretion - circumstances in the crime = penalty to be imposed
Undue Delegation – Power of tax: UC not a tax but exercise of Police power Act 296 – less than 3000.00 php
Cebu Oxygen vs. Drilon RA 8180 “Deregulating the Downstream Oil Industry
Ynot vs. Intermediate Appellate Court Full deregulation: implementation should be based on two criteria:
EO 626 – A: prohibition on inter-province transport of carabao and cara-beef. 1. global oil prices decline
“as may deem necessary” – gives legislative power to officers: arbitrary 2. US-Peso exchange rate stable
Implementing rules cannot add or detract from the provisions of law it designed to EO 372 – implemented full deregulation adding additional criteria: depletion of
implement. OPSF: void: executive misapplication. Congress has to rely more on the practice of
delegating the execution of laws to the executive and other administrative agencies, as
Pharmaceutical and Health Care Assoc. vs. Duque III society becomes more complex. According to jurisprudence, there are two tests to
determine, whether it is a valid delegation – 1) the completeness test, and, 2) the
EO No. 51 (Milk Code) – legislative power under freedom consti: Pres. Aquino sufficient standard test.
WHO – promote the use of breastmilk; Milk Code – promote the use of breastmilk; Congress: Senate and House of Representatives
DOH –
HoR: 2 ways to run: (3 year term, 3 consecutive terms) = 250 members unless
International law – Soft Law and hard Law: WHO – soft law, regulation: has to be otherwise provided by law
enacted into local regulation before it becomes binding
1. District representative – natural-born, at least 25 years old, read and
There was a defect – RIRR invalidated: provided a ban on advertisement on milk write, registered voter of the district, resident of same district at least one
substitutes, but the law, does not provide for a total ban, only the international law year preceding the day of the election
was followed
2. Party-list representative
International soft law must first be enacted into a local regulation before it can be
followed by any agency Senate: term of 6 years, re-election for 2 consecutive terms only
Milk Code provides the local enactment of the soft law and it is what should have Election: 6 years for first 12, 3 years for latter 12 = 24 members
been followed
Section 5: Composition of the HoR = 80% district representatives + 20% party-list
ABAKADA vs. Purisima representatives
BIR and BOC System of rewards – RA 9335, section 12: creation of the Joint Barangay vs. COMELEC
Congressional Oversight Committee for approval of IRR of the RA.
Standards for apportioning seats for Party-list Representatives
Encroahment of the legislative into the realm of judiciary: decision is judiciary in
nature as it involves the interpretation and application of the RA unto the IRR. 20% composition : merely a ceiling, not mandatory to fill in all seats: merely reserved
for PLR
Tatad vs. Sec of DOE
Ang Bagong Bayani vs. COMELEC
Characteristics of a party-list: (guideline for COMELEC) RA 7854: Municipality of Makati into a highly urbanized city
1. must represent the marginalized and underrepresented groups Valid: reapportionment thru special law: duty of congress to reapportion
2. must comply with declared statutory policy of enabling Filipinos Criteria: population (250,000) and, income or area
belonging to marginalized and underrepresented sectors be elected in the
HoR. Samson vs. Aguirre
3. Must not represent a religious sect RA 8583: Novaliches as a city: certification as to income, population and area not
fatal: statements of NSO, Bureau of Local Government Finance, and Land
4. Must not be disqualified under section 6 of RA 7941
Montejo vs. COMELEC
5. Party or org must not be an adjunct of or a project organized by the
government COMELC res. No 2736: change legislative district of Capoocan and Palompon:
COMELEC only to make minor adjustments
6. Party must comply with requirements, as well as its nominees under
section 9 RA 7941 Legislative district can only be apportioned by “legislative” i.e. congress
7. Nominee must belong to the marginalized and underrepresented sector Herrera vs. COMELEC
8. Nominee must be able to contribute to the formulation of legislation Province of Guimaras – made into 4th class province
AKLAT vs. COMELEC Districting based on number of inhabitants: not reapportionment: can be undertaken
by COMELEC (districting)
AKLAT re-disqualified: did not meet qualifications mentioned in the bagong bayani
case Sema vs. COMELEC
Tobias vs. Abalos RLA – RA 9054: power to create province, cities, etc.
RA 7675: Mandaluyong into an urbanized city: create own legislative district and a Creation of the province of Shariff Kabunsan: the power to create provinces
new legislative district of San Juan: reapportionment inherently involves the power to create legislative districts. However, under the
present Constitution, the power to increase the allowable membership in the House of
Gerrymandering – creation of a new legislative district to increase possible number of Representatives, as well as the power to reapportion legislative districts, is vested
voters for elections, contrary to the guideline of “contiguous, compact and adjacent exclusively in Congress (by virtue of Sections 5, (1), (3) and (4) of Article 6). This
territory. textual commitment to Congress of the exclusive power to create or reapportion
legislative districts is logical. Congress is a national legislature and any increase in its
Consti – one province at least on representative allowable membership or in its incumbent membership through the creation of
legislative districts must be embodied in a national law. It would be anomalous for
Not gerrymandering – rep who issued RA will actually be made to lose part of his regional or local legislative bodies to create or reapportion legislative districts for a
district: contiguous, compact and adjacent territory national legislature like Congress. An inferior legislative body, created by a superior
legislative body, cannot change the membership of the superior legislative body.
Mariano vs. COMELEC
Bagabuyo vs. COMELEC
Legislative apportionment – representation in the HoR Perez vs. COMELEC
Reapportionment is brought about by changes in population and mandated by the Domicile- the place where a party actually of constructively has his permanent home,
constitutional requirement of equal representation. Hence, emphasis is given to the where he, no matter where he may be found at any given time, eventually intends to
number of people represented; the uniform and progressive ratio to be observed return and remain
among the representative districts; and accessibility and commonality of interests in
terms of each district being, as far as practicable, continuous, compact and adjacent The fact that a person registered as a voter in one district is not proof of his domicile
territory. In terms of the people represented, every city with at least 250,000 people in the said district.
and every province (irrespective of population) is entitled to one representative.
Petitioner – ran for governor of the province previously
Section 6
SJS vs. COMELEC
Bengson vs. COMELEC
COMELEC resolution – additional qualification of a candidate for senate:
Repatriation – oath of allegiance, which reinstates previous status as a Filipino: unconstitutional as it violates the explicit qualifications in the consti
natural-born in Tarlac
Section 7: term of representatives
Aquino vs. COMELEC
Dimaporo vs. Mitra, Jr.
Domicile – physical residence, and intention to return there permanently.
BP Blg. 881 – forfeiture or voluntary giving up of one’s tenure, due to the act of filing
Less than one year residency prior to date of elections; lease of a house not of certificate of candidacy.
permanent: disqualified. The place where a party actually or constructively has his
permanent home, where he, no matter where he may be found at any given time, Term – legally mandated
eventually intends to return and remain, i.e., his domicile is that to which the
Constitution refers when it speaks of residence for the purposes of election law. Tenure – actual time
bona fide intention of abandoning and establishing new one Failure of elections = special elections
absence of which would continue the domicile of origin Vacancy in senate: RA 7166: “permanent vacancy at least one year before expiration
of the term, shall call and hold a special elections, but in case of vacancy in senate,
Domino vs. COMELEC special election will be held simultaneously with the next regular elections.”
Lease of house – not indicative of intent of permanence Special elections can coincide with regular elections
The salaries of members of the Senate is governed by Article VI of the Constitution as “punishable by more than six years imprisonment”; while congress is in session – 4th
follows: Monday of july (SONA) and ends 30 days before the next session (compulsory
recess), with small recesses in between.
Sec. 10. The salaries of Senators and Members of the House of Representatives shall
be determined by law. No increase in said compensation shall take effect until after People vs. Jalosjos
the expiration of the full term of all the members of the Senate and the House of
Representatives approving such increase. Conviction of more than 6 years imprisonment – immunity not applicable
Sec. 20. The records and books of accounts of Congress shall be preserved and be Elected by constituents even though he was already convicted.
open to the public in accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an itemized list of amounts paid to Trillanes vs. Pimentel
and expenses incurred for each Member.
No person charged by capital offense or offense punishable by reclusion perpetua
It must be noted that in accordance with the above provisions, there is no prohibition shall be admitted to bail when evidence of guilt is strong.
against the receipt of allowances by the members of Congress. The second section, on
the other hand, seeks to avoid the recurrence of the abuses committed by the members Capacity to carry out his duties while in prison.
of the Old Congress in allotting themselves fabulous allowances the amount of which
Jimenez vs. Cabangbang
they refused to divulge to the people. It is now provided under the Constitution that
the books of accounts of Congress shall be open to public inspection and must be Libelous letter: not in the exercise of his duties
audited by the Commission on Audit. Moreover, every member of Congress’ itemized
expenditures, including allowances, shall be published annually for the information of Though, it was not libelous against the petitioners, only alleges that they were
the people. unwitting tools, not that they were the planners themselves.
It is interesting to note that the Constitution in Section 17, Article XVIII, provides the Part of communicative and deliverative process
corresponding salaries of Senators, to wit:
Puyat vs. De Guzman
Until the Congress provides otherwise, the President shall receive an annual salary of
three hundred thousand pesos; the Vice-President, the President of the Senate, the IPI elections = puyat group vs. acero group = SEC case
Speaker of the House of Representatives, and the Chief Justice of the Supreme Court,
two hundred forty thousand pesos each; the Senators, the members of the House of Fernandez intervention – circumstances show that there is indirect appearance as
Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the counsel before administrative body
Constitutional Commissions, two hundred four thousand pesos each; and the
Members of the Constitutional Commissions, one hundred eighty thousand pesos Santiago vs. Guingona
each.
Minority vs. majority = must be understood in ordinary terms
However, under Joint Resolution No. 1, the salaries of the members of the Senate is
increased to salary grade 33 with monthly equivalent rate of P35,000.00. The Senate Avelino vs Cuenco
President, on the other hand, is raised to salary grade 34 with a monthly basic salary
Adjournment -> proclamation of new senate president and session continued with
only 12 members present Pons charged under Act 2381 – anti-opium importation
Quorum – majority of “the house” instead of majority of “all the members of the Act 2381 – said to have been passed after last day of session: according to the
house” journals, clock was stopped at 12 midnight: law passed valid
12 members out of 23 is majority of “the house” = based on the number of those = journal prevails over extraneous evidence
present
Casco vs Gimenez
People vs. jalosjos
Urea and formaldehyde vs urea formaldehyde (as written in the law passed)
Compulsion to attend: jalosjos saying that he could be persuaded for being unable to
attend session: not reason for release Wording of the law – urea formaldehyde: error in the printing
Absence is for a valid reason: being detained Between the journals and the enrolled bill: enrolled bill prevails
RA 8240 passed in congress not in accordance with house rules: arroyo still had Enrolled bill over journal
questions regarding the bill but it was still passed: no calling of the yeas and nays.
Astorga vs. Villegas
Internal rules violated – not in court jurisdiction – only the house can determine its
rules and punish its members Due to the circumstances in the case, the court looked into the Senate journals.
Osmena vs. Pendatun = amendments made but not included in the bill signed by the president
Privilege speech accusing Pres. Garcia of bribery -> house comitte to investigate -> Senate president and Chief Executive: had already withdrawn their signatures:
House resolution # 175 declaring him guilty of disorderly behavior and suspension for invalidates the law
15 months
Phil. Judges vs. Prado
Although exempt from prosecution or civil action for words uttered in congress,
members may be questioned in CONGRESS ITSELF. Franking privileges of judiciary
Disorderly behavior – the house has exclusive power and the court has none. Enrolled bill clear, no need to look into journals
Santiago vs. Sandiganbayan But law must be struck down as it violates the equal protection of the law, in regards
to the removal of franking privileges of the judiciary
Santiago charged with graft and corruption for allowing aliens to stay in Phils.
ABAKADA vs. Ermita
Suspended by sandiganbayan – pending criminal case: not punishment for disorderly
behavior, but preliminary preventive measure for graft and corrupt act. Enrolled bill to be followed as it was the one approved by both houses and by the
president.
US vs. Pons
SECTION 17: Senate and House Representatives Electoral Tribunal
Election Contest - statutory contests in which the contestant seeks not only to oust the Villarosa vs. HRET
intruder, but also to have himself inducted into the office.
Initials not to be used, only one nickname per candidate: not known as Girlie: JTV
Pre-proclamation contests - any question pertaining to or affecting the proceedings of initials of her husband
the board of canvassers in relation to the preparation, transmission, receipt, custody
and appreciation of the election returns. Aggabao vs COMELEC
Prescription given by Electoral commission – has sole jurisdiction over election Roces vs. HRET
returns and qualifications of its members
Electoral tribunals: 3 justices appointed by Chief Justice, 6 from members of Senate
Vera vs. Avelino or the HoR
Oath-taking- makes one a members of the legislature: under jurisdiction of the Electoral tribunal must always be composed of legislative members: for every 2
Electoral tribunal legislators only one justice.
Pre-proclamation cases not allowed for president, vp, senators and members of HoR Party-list reps in HoR did not elect a member to the HRET
Electoral tribunal does not assume jurisdiction until the winning candidate has been HRET must be non-partisan: must not alter composition of the HRET.
proclaimed and has taken his oath of office
Robles vs. HRET
nd
2 placer – cannot take the place of the winning candidate
Motion to withdraw does not end tribunal’s jurisdiction
Perez vs. COMELEC
Arroyo vs. HRET
COMELEC no longer has jurisdiction as perez was already proclaimed.
NON-TRADITIONAL PROCESS OF PRECINCT-LEVEL DOCUMENT-BASED
Garcia vs HRET EVIDENCE – the process of procuring election documents used not only during the
actual balloting stage of the election but much earlier, as early as the time of the
HRET acted according to its own rules, no grave abuse of discretion resulting in registration of voters. (not the best form of evidence)
lack/excess of jurisdiction.
Lerias vs. HRET
Rasul vs. COMELEC
Original copy of the certificates of canvass should be the best evidence
HRET – exclusivity in jurisdiction over election contests relating to its own members.
Sandoval vs. HRET
Guerrero vs. COMELEC
Substitute service – exhaust all means of locating recipient, Neri vs. Senate
Section 18: Commission on Appointment Executive privilege: 2 kinds: presidential communications (between president and
executive official) and deliberative process (between executive officials only)
Daza vs. Singson
Garci vs House
Shift in representation of LDP party = reapportionment of the Commission on
Appointment Senate inquiry must be deferred until publication of the Senate rules has been
complied with.
Must be based on proportional representation, political party must be permanent
Section 22: “Question Hour”
Coseteng vs. Mitra
- Voluntary with consent of the President, or upon the request of the house
2 seats – per appointment into commission
- For oversight functions
Guingona vs. Gonzales
Arnault vs Nazareno
Cannot reduce the number of seats of a party in favor of another.
The materiality of the question must be determined by its direct relation to the subject
12 member Commission – not mandatory, what is mandatory is the proportional of the inquiry and not by its inherent relation to any possible or proposed legislation.
representation (Answer might be the basis if the subject is to be made the subject of legislation.)
Section 21 legislative investigations Senate continuing – power of investigation terminates at the end of session; may be
taken up again at the next session.
Negros vs. sanguniang Panlungsod
Sabio vs. Gordon
Power of inquiry – for the legislative only, not delegated
Senate vs Ermita
Bengzon vs. Senate Blue Ribbon Committee
Question hour vs. “in aid of legislation”: can only be limited by PRESIDENTIAL
Power of inquiry to be exercised only for legislative purposes communication privilege
Senate vs. Ermita Executive: with presidential consent vs. anyone
Question hour vs. power of inquiry Remedy: Sec 21: habeas corpus petition vs. sec 22: questions to be submitted
beforehand and executive session
Gudani vs. Senga
Section 23: congress sole power to declare the existence of a state of war, but may by
Commander-in-chief powers – may limit power of inquiry of congress law authorize president for a limited time, to exercise powers necessary and to carry
out a declared national policy.
Standard vs. Senate
Lawless violence, invasion or rebellion – either suspend writ of habeas corpus or
Compel to attend – in aid of legislation
declare martial law.
In line with David vs. Arroyo – gr. no. 171396 (re BP 1070) Incidental advantage to the public or to the state, which results from the promotion of
private interest and the prosperity of private enterprises or business, does not justify
Section 24: origin of money bills, private bills and local application their aid by the use public money.
Appropriations – specific sum of money appropriated for departments for the Section 25 Rules on Appropriation
performance of their functions
Brillantes vs COMELEC
Revenue bills – raising taxes
Electronic quick count (Phase III) not included in the GAA
Tariff bills – raises revenue from importation and exportation of goods
Appropriation in the GAA – for modernization of Election system; not for quick count
Bills authorizing increase of public debt
Guingona vs Carague
Bills of local application – in relation to provinces, cities and municipalities, ex.
Change municipality into a city Appropriation – there must be a fixed amount: valid if it only needs to be computed
Tolentino vs. Sec of Finance 3rd law should have applied, but applicable provision was invalidated due to its
insertion in the Appropirations Act.
It is the bill that has to originate from the HoR, not the law itself.
Atitiw vs Zamora
HoR and Senate equal = has power to propose amendment, even through substitution.
In order that a provision or clause in a general appropriations bill may comply with
“…originate exclusively from the HoR, but Senate may propose and concur with the test of germaneness, it must be particular, unambiguous, and appropriate.
amendments.”
Particular – if it relates specifically to a distinct item or appropriation in
Alvarez vs Guingona the bill and does not refer generally to the entire appropriations bill
The filing in the Senate of a substitute bill in anticipation of its receipt of the Bill of Unambiguous – when its application or operation is apparent on the face of
the House, does not contravene the constitutional requirement that a bill of local the bill and it does not necessitate reference to details or sources outside the
application should originate from the House of Representatives, for as long as the appropriations bill
Senate does not act thereupon until it receives the House Bill.
Appropriate – when its subject matter does not necessarily have to be treated
Presentations on (3 area- 3 groups) in a separate legislation.
Constitutional commissions on COMELEC: Civil Service and COA Farinas vs Executive Secretary
Chief of Staff cannot be delegated power to augment: only for those enumerated in If the object of the law is to amend a previous legislation, it will suffice if the title
the constitution. gives reference to the amended law.
2 requisites for augmentation: 1) Actual savings; and, 2) there is an existing item to be The primary purpose of the one subject-one title rule is to prohibit duplicity of
augmented. legislation, the title of which might completely fail to appraise the legislators or the
public of the nature, scope and consequences of the law or its operation. -> every
Deputy Executive Secretary of DILG – no power to augment: only president, senate presumption fails its validity
president, speaker of the House, Chief Justice, and heads of Constitutional
Commissions Where there is doubt as to the insufficiency of either the title or the Act, the
legislation should be sustained.
Section 26: Subject and title of bills – General prohibition on “riders”
Tio vs Videogram Regulatory Board
Cordero vs. Cabatuando
Art. VI, Sec. 26 is sufficiently complied with if the title is comprehensive enough to
The constitutional requirement (one title – one bill rule) is satisfied if all parts of the include the general purpose to which a statute seeks to achieve.
law related to, and are germane to the subject matter expressed in the title of the Bill.
It is satisfied if all the parts of the statue are related to, and are germane to the subject
It is sufficient of the title is comprehensive enough reasonably to include the general expressed in the title, or as long as they are not inconsistent with and foreign to the
object which the statute seeks to effect, without expressing each and every end and general subject and title. PRACTICAL rather than TECHNICAL construction.
means necessary or convenient for the accomplishment of the object.
Phil. Judges vs Prado
Philconsa vs Gimenez
The title need not be an index of the body of the act, or be comprehensive as to cover
It has been the general disposition of the court that the constitutional provision every single detail of the measure. It need only that all provisions in said act should be
involving the one title – one subject rule should be construed liberally, in favor of the germane to the subject thereof.
validity of the statute.
Tobias vs Abalos
The purpose of this rule is to:
A liberal construction of the one title-one subject rule has been invariably adopted by
1. prevent fraud or surprise in the legislature the court so as not to impede or cripple legislation.
2. fairly appraise the people, through such publication of legislation that are Tatad vs DOE
being considered, in order that they may have the opportunity of being heard The title of a law need not mirror or fully index or catalogue all the contents or
provisions of the said law. Bicameral conference committees – have power to introduce amendments.
De Guzman vs COMELEC No amendment rule pertains only to the procedure to be followed by each house of the
Congress with regard to bills initiated in each of said respective Houses, before said
Purpose of section 26: 1) prevent hodge-podge or log-rolling legislation; 2) to prevent bill is transmitted to the other house for its concurrence or amendment.
surprise or fraud upon the legislature by means of provisions in bills of which titles
gave no info, and which might therefore be overlooked and carelessly and Commissioner of Internal Revenue vs CTA
unintentionally adopted; and, 3) to fairly appraise the people through such publication
of legislative proceedings as is usually made, of the subjects of legislation that are An “item” in a revenue bill doesn’t refer to an entire section imposing a particular
being considered, in order that they may have opportunity of being heard thereon by kind of tax, but rather to the subject of the tax and the tax rate. To construe “item” as
petition or otherwise if they so desire. referring to the whole section, would tie the president’s hand in choosing either to
approve the whole section at the expense of also approving a provision therein which
Section 26 is said to have been complied with if the title is comprehensive enough to he deems unacceptable or veto the entire section at the expense of foregoing the
embrace the general to embrace the general objective it seeks to achieve: presumption collection of the kind of tax altogether.
is in favor of validity.
In Appropriation bills, the president may exercise “item-veto”.
Cawaling vs COMELEC
Gonzalez vs Macaraig
Every statutes has in its favor the presumption of validity: grounds for nullity must be
beyond reasonable doubt. (This also goes for one title-one subject rule). The terms item and provision in budgetary legislation and practice are concededly
different. An item in a bill refers to the particulars, the details, and the distinct and
Section 27: Procedure in Law-making several parts of a bill. It furthered that “an ‘item’ of an appropriation bill obviously
means an item which in itself is a specific appropriation of money, not some general
Arroyo vs De Venecia provision of law, which happens to be put into an appropriation bill.”
No rule of the House of Representatives has been cited which specifically requires Inappropriate provisions – should be treated as items subject to the veto power of the
that in case involving the approval of a conference committee report, the Chair must president.
restate the motion and conduct a viva voce or nominal voting.
To determine if a provision is an inappropriate provision: test of appropriateness
The constitution does not require that the yeas and nays of the Members be taken
every time a House has to vote, except only in the ff circumstances: 1) upon the last It is not enough that a provision be related to the institution or agency to which funds
and third readings of the bills; 2) at the request of 1/5 of the members present; and, 3) are appropriated. Conditions and limitations properly included in an appropriation bill
in repassing a bill over the veto of the president. must exhibit such a connection with money items of appropriation that they logically
belong in a schedule of expenditures. For the rule to apply, restrictions should be such
Abakada vs Ermita in the real sense of the term, not some matter which are more appropriately dealt with
in a separate legislation.
It is within the power of a conference committee to include in its report an entirely
new provision that is not found either in the House bill or in the Senate bill. If the Bengzon vs Drilon
committee can propose an amendment consisting of one or two provisions, there is no
reason why it cannot propose several provisions, collectively considered as “an The act of the Executive in vetoing particular provisions is an exercise of a
amendment in the nature of a substitute”, so long as such amendment is germane to constitutionally vested power. But the veto power is not absolute. Only particular
the subject of the bills before the committee. items may be vetoed.
The president cannot set aside or reverse a final and executory judgment of the court 4) the classification applies equally well to all those belonging to the same
through the exercise of the veto power, nor can she enact or amend statutes class.
promulgated by her predecessors, much less to repeal existing laws.
Under the tax system, the trend is to treat different things differently.
Philconsa vs Enriquez
CIRvsCA
Where the veto is claimed to have been made without or in excess of the authority All subjects or objects similar must be equally taxed, or put on equal footing both in
vested in the President, the issue of an impermissible intrusion of the Executive into privileges and liabilities; no exemptions.
the Legislative domain arises.
All taxable articles or kinds of property of the same class must be taxed at the same
Section 28: Taxation rate and the tax must operate with the same force and effect in every place where the
subject may be found.
Planters vs Fertiphil
Abra Valley College vs Aquino
Public purpose is at the heart of a tax law. It is an elastic concept. The inherent
requirement that taxes can only be exacted for a public purpose still stands. When a The exemption in favor of property used exclusively for charitable or educational
tax law is only a mask to exact funds from the public when its true intent is to give purposes is not limited to property actually indispensable therefore, but extends to
undue benefit and advantage to a private enterprise, the law will not satisfy the facilities that are incidental to and reasonably necessary for the accomplishment of
requirement of “public purpose”. The purpose of the law is evident from its text or said purpose, such as in the case of hospitals, a school for training nurses, a nurse’s
inferable from other secondary sources. home, property used to provide housing facilities for interns, doctors, superintendents,
and other members of the hospital staff, etc.
CIR vs Lingayen
The exemption extends to facilities which are incidental to and reasonably necessary
A tax is uniform when it operates with the same force and effect in every place where for the accomplishment of the main purpose of the charitable or educational (or
the subject of it is found. Uniformity means that all property belonging to the same religious) institution.
class shall be taxed alike. (Follows requisites for a valid classification).
The test of exemption is the use of the property for purposes mentioned in the
Tolentino vs Sec. of Finance constitution.
Uniformity of taxation follows valid classification between individuals and Since only Congress can pass tax laws, it follows that only Congress can provide tax
corporations: exemptions, through the passage of legislation.
1) the standards that are used therefore are substantial and not arbitrary Southern Cement vs Philcemcor
2) the categorization is germane to achieve the legislative purpose The power of taxation by nature and by command of the fundamental law is a
preserve of the legislature.
3) the law applies, all things being equal, to both present and future
conditions The delegation of taxation power by the legislative to the executive is authorized by
the constitution itself. The constitution also grants Congress the right to impose
restrictions and limitations on the taxation power of the president. The restrictions and The Congress can delegate to the cabinet Secretary (i.e. Secretary of Finance), in his
limitations imposed by Congress take on the mantle of a constitutional command, capacity as the alter ego of the president, to carry out the authority vested on the Chief
which the executive branch is obliged to observe. Executive under Section 28.
To determine whether an enterprise is a charitable institution/entity or not, the Tax exemption cannot be granted without the concurrence of the majority of the
elements which should be considered include the statutes creating the enterprise, its members of congress, and may only be done through the passage of legislation. Only
corporate purpose, its constitution and by-laws, the methods of administration, the congress can provide for tax exemptions, as it is the only branch that has power to tax.
nature of the actual work performed, the character of the services rendered, the
indefiniteness of the beneficiaries, and the use and occupation of the properties. A Section 29: Restrictions on the Use of Public Funds
charity may be fully defined as a gift, to be applied consistently with existing laws, for
the benefit of an indefinite number of persons, either by bringing their minds and Pascual vs Secretary of Public Works
hearts under the influence of education or religion, by assisting them to establish
themselves in life or otherwise lessening the burden or government. The test whether MIAA vs Mabunay
an enterprise is charitable or not is whether it exists to carry out a purpose recognized
Legislative may delegate to the agency the power to provide for the means of
in law as charitable or whether it is maintained for gain, profit or private advantage.
obtaining object of an appropriation but such act cannot go beyond statutes.
A charitable institution does not lose its character as such and its exemptions from
Public bidding has been a practice, which is the accepted method of arriving at a fair
taxes simply because it derives income from paying patients, or receivables from the
price and prevents favoritism and overpricing.
government (or donations), so long as the money received is devoted or used
altogether to the charitable object which it is intended to achieve, and no money Guingona vs Carague
inures to the private benefit of the persons managing or operating the institution.
Constitution does not require exact, specific appropriation made by law.
Abakada vs Ermita
COMELEC vs. Quijano
The power of tax cannot be delegated, but the details as to the enforcement and
administration of an exercise of such power may be left to the executive, including the No money shall be paid out of the treasury except in pursuance of an appropriation
power to determine the existence of facts which its operation depends, the rationale made by law.
being that the preliminary ascertainment of facts as basis for the enactment of
legislation is not itself a legislative function but is simply ancillary to legislation. The Appropriation must first be made prior to the bidding and creation of contracts, so as
constitution does not require that Congress find for itself every fact upon which it to provide for a guideline regarding the amount that can be used for the specific
desires to base legislative action or that it make for itself detailed determinations enterprise.
which it has declared to be prerequisite to application of legislative policy to
particular facts and circumstances impossible for Congress itself to properly Gaston vs Republic Planters Bank
investigate.
Taxes levied for a specific purpose are considered to be special funds, which is an
Congress may delegate to the President the power to increase a tax, dependent on a exercise of the police power of the state. Once the specific purpose is accomplished or
certain set of facts, upon the completion of which the president may carry out the abandoned, the funds become and are transferred to the general funds of the state.
delegated power.
Revenues collected are to be treated as a special fund, to be ‘administered in trust’ for
Spouses Constantino vs Cuisia the purpose intended.
Osmena vs. Orbos Philconsa vs Enriquez
Money named as tax but actually collected in the exercise of the police power of the Webb vs De Leon
state may be placed in a special trust account.
The prosecution of crimes pertains to the executive department, whose principal
Section 30: Appellate Jurisdiction of the Supreme Court power and reasonability is to see that our laws are faithfully executed.
The provision is intended to give the SC a measure of control over cases placed under Marcos vs Manglapus
its appellate jurisdiction.
The powers of the president are not limited to those enumerated in the constitution:
Diaz vs CA residual powers
Fabian vs Disierto Right to return – found in the UN declaration of Human Rights, International
covenant on human rights, but not absolute: subject to national interests, public policy
A law is invalid when it increases the appellate jurisdiction of the court without its and welfare, health, etc.
advice.
- general power to faithfully execute the laws
Villavert vs Desierto
express powers of the president – those enumerated in the constitution
Tirol vs COA
residual powers – anything not expressly provided in the Constitution, article VI
Cabrera vs Lapid
Laurel vs. Garcia
Section 31: Titles of Royalty and Nobility
Power to enter into contracts – except for property under public dominion
Section 32: Initiative and Referendum
Djumantan vs. Domingo
SBMA vs COMELEC
Right of every state to regulate the entry of persons into their country: deportation part
Defensor-Santiago vs COMELEC of executive power
Lambino vs COMELEC Chavez vs. PCGG
Article VII Pontejos vs. OMB
Section 1 Executive Power State witness – will not be charged with criminal prosecution.
- Constitutional power granted to the President to enforce laws US vs. Nixon
- Includes rule-making power: implementation and enforcement of laws General claim of executive privilege is not absolute nor unqualified; in a situation
passed when a person’s right is made subject of a criminal proceeding, then production of
evidence is essential to uphold the constitutional rights of the accused.
Neri vs. Senate Committee much as some public officials including the President, may be granted immunity, it
does not apply to unofficial conduct. Immunities are grounded in the nature of the
Presidential communication privilege function performed, not the identity of the actor who performed.
Protected communication must relate to a quintessential and non-delegable Immunity from suit for the president, not for cabinet members.
presidential power
Estrada vs. Disierto
Must be authored or solicited and received by a close advisor of the President
of the President himself Though incumbent presidents are immune from suit DURING their tenure, this
immunity does not extend BEYOND their tenure. Additionally, the charges filed
Remains a qualified privilege that may be overcome by a showing of against Erap are criminal in nature, and the SC cannot “wrap him in post-tenure
adequate need. immunity from liability”. It would then circumvent the general application of laws to
him.
AKBAYAN vs. Aquino
David vs. Arroyo
Soliven vs. Makasiar
The President, during his tenure of office or actual incumbency, may not be sued in
President may waive immunity from suit. The only person who can invoke immunity any civil or criminal case, and there is no need to provide for it in the Constituion or
is the president himself. law. It will degrade the dignity of the high office of the President, the Head of State, if
he can be dragged into court litigations while serving as such. Furthermore, it is
Harlow vs. Fitzgerald important that he be freed from any form of harassment, hindrance or distraction to
enable him to fully attend to the performance of his official duties and functions.
Qualified Immunity or “good faith” immunity may be use by an official. A official
Unlike the legislative and judicial branch, only one constitutes the executive branch
would be qualifiedly immune if he (1) does not know that the action taken in his
and anything which impairs his usefulness in the discharge of the many great and
sphere of responsibility would violate the constitutional rights of the victim. (2) did
important duties imposed upon him by the Constitution necessarily impairs the
not act with malicious intent. Gov’t officials performing discretionary functions
operation of the Government. However, this does not mean that the President is not
generally are shieled from civil damages insofar as their conduct does not violate
accountable to anyone. Like any other official, he remains accountable to the people
clearly established statutory or constitutional rights a reasonable person would have
but he may be removed from office only in the mode provided by law and that is by
known.
IMPEACHMENT.
Clinton vs. Jones
Constantino vs. Cuisia
The President of the United States is entitled to absolute immunity from damages
The President of the Philippines is the Executive of the Government of the
liability predicated on official acts. Some public servants are granted immunity from
Philippines, and no other. The heads of the executive departments occupy political
suits for money damages arising out of their official acts so as to enable them to
positions and hold office in an advisory capacity, and, in the language of Thomas
perform their designated functions effectively without fear that a particular decision
Jefferson, "should be of the President's bosom confidence", and, in the language of
may give rise to personal liability. The societal interest in providing such public
Attorney-General Cushing, "are subject to the direction of the President." Without
officials with the maximum ability to deal fearlessly and impartially with the public at
minimizing the importance of the heads of the various departments, their personality
large as an acceptable justification for official immunity. The point of immunity for
is in reality but the projection of that of the President. Stated otherwise, and as
such officials is to forestall an atmosphere of intimidation that would conflict with
forcibly characterized by Chief Justice Taft of the Supreme Court of the United
their resolve to perform their designated function in a principled fashion. However, as
States, "each head of a department is, and must be, the President's alter ego in the Tecson vs. Lim
matters of that department where the President is required by law to exercise
authority". The election contest can only contemplate a post-election scenario. It is fair to
conclude that the jurisdiction of the Supreme Court, defined by Section 4, paragraph
Section 4: Election of President and VP 7, of the 1987 Constitution, would not include cases directly brought before it,
questioning the qualifications of a candidate for the presidency or vice-presidency
Anson-Roa vs. Arroyo before the elections are held.
GMA was not elected: she assumed presidency after resignation of Estrada. Thus, Section 7-8: Filling in vacancy in the presidency
there is no bar from running for presidency as she is not covered by the phrase: “run
for any reelection.” Estrada vs. Disierto
Brillantes vs. Comelec Resignation is not a high level legal abstraction. It is a factual question and its
elements are beyond quibble: there must be an intent to resign and the intent must be
Canvassing of votes for President and VP is the tack of Congress. It cannot be coupled by acts of relinquishment. The validity of a resignation is not government by
undertaken by the Comelec, even in the disguise of being “unofficial.” any formal requirement as to form. It can be oral. It can be written. It can be express.
It can be implied. As long as the resignation is clear, it must be given legal effect.
Pimentel vs. Joint Committee
Section 8: Midterm past June 30
The canvassing of votes of the President and VP by the Congress is not one of its
legislative functions. Thus, it is not covered by the end of the session of Congress, Death, Disability; Removal, Resignation Death, Disability;
unlike its legislative funcstions, which end along with the adjournment of its sessions. Resignation
The constitution provides that Congress has the power to promulgate its rules VP is Pres. Pres. Will nominate Senate By Law (Congress)
concerning the canvassing of votes for the presidency and VP. VPP from Congress Pres./Speaker of
(sec. 9) HoR as Pres.
Defensor-santiago vs. Ramos
The executive is treated as a class in itself and as such, are given stricter prohibitions.
Dela Cruz vs. COA The president need not wait for his/her subordinate’s recommendation to carry out a
duty or function vested in his/her office.
Ex-officio capacity – no compensation for the executive who acts as such, nor do their
representatives.
Bitonio vs. COA and Amnesty int’l vs. COA Pimentel vs. Ermita
Representatives designated by ex-officio members are not exempted from the law: the
designation is an imposition only of additional duties, and does not confer any legally
demandable rights. The law expressly allows the President to make such acting appointment. Section 17,
Chapter 5, Title I, Book III of EO 292 states that “[t]he President may temporarily
Doromal vs. Sandiganbayan designate an officer already in the government service or any other competent person
to perform the functions of an office in the executive branch.” Thus, the President
Participation in a contract with the government, though indirect, is still prohibited: but may even appoint in an acting capacity a person not yet in the government service, as
accused is entitled to investigation and rights conferred by the law. long as the President deems that person competent.
There are two kinds of appointments directed against by the appointment ban in Sec. Except as to those officers whose appointments require the consent of the COA by
15, Art. 7: (1) those made for vote-buying and (2) those made for partisan politics. express mandate of the first sentence in Sec 16 Art VII, appointments of other officers
Midnight appointments such as the appointments in question are made in are left to the President without need of confirmation by the COA. It is only in the
consideration of partisan politics to influence the outcome of the elections. The only first sentence where it is clearly stated that positions enumerated therein require the
appointments that are exempted from the ban are vacant executive positions that will consent of the COA. The word “alone” is a mere lapsus.
prejudice public interest.
The legislative branch has no power to appoint. It is only for the executive.
Quinto-Deles vs. CA
Appointment of sectoral representatives need CA confirmation. whose appointments are not otherwise provided for by law and those whom the
President may be authorized by law. The NLRC Chairman and Commissioners fall
within the second sentence of Sec 16. The Chairman and Members of the NLRC are
NOT among the officers mentioned in the first sentence of Sec 16, whose
Pobre vs. Mendienta appointments requires the confirmation by the Commission on App.
This provision empowers the President to appoint "those whom he may be authorized
by law to appoint." The law that authorizes him to appoint the PRC Commissioner
and Associate Commissioners, is P.D. 223, Section 2, which provides that the U-Sing vs. NLRC
Commissioner and Associate Commissioners of the PRC are "all to be appointed by
the President for a term of nine (9) years, without reappointment, to start from the Same as Calderon
time they assume office .
The police force is different from and independent of the armed forces and the ranks
Rufino vs. Endriga in the military are not similar to those in the PNP. Thus, directors and chief
superintendents of the PNP, such as respondent police officers in this case, do not fall
The power to appoint is the prerogative of the President, except in those instances under the first category of presidential appointees requiring the confirmation by the
when the Constitution provides otherwise. Under Section 16, there is a fourth group of CA (see first sentence of the first paragraph of Section 16). PNP is not part of the
lower-ranked officers whose appointments Congress may by law vest in the heads of AFP.
departments, agencies, commissions, or boards. These inferior or lower in rank
officers are the subordinates of the heads of departments, agencies, commissions, or
boards who are vested by law with the power to appoint. Congress has the discretion
to grant to, or withhold from, the heads the power to appoint lower-ranked officers. Soriano vs. Lista
The 1987 Constitution only allows heads of departments, agencies, commissions, or
boards to appoint only “officers lower in rank” than such “heads of departments, It is clear from Section 16, Article VII of the 1987 Constitution that only appointed
agencies, commissions, or boards.” officers from the rank of colonel or naval captain in the armed forces require
confirmation by the CA. The rule is that the plain, clear and unambiguous language of
the Constitution should be construed as such and should not be given a construction
Calderon vs. Carale that changes its meaning. The enumeration of appointments subject to confirmation
by the CA under Section 16, Article VII of the 1987 Constitution is exclusive. The
The second sentence of Sec 16, Art VII refers to all other officers of the government clause "officers of the armed forces from the rank of colonel or naval captain" refers
to military officers alone.
Section 17: Power of Control Supervision – merely to determine if rules are being followed; control – change the
rules and creates new ones, and provide penalties for non-compliance with the rules.
The power of control of the President extends to the power to “alter or modify or De Leon vs. Carpio
nullify or set aside what a subordinate officer had done in the performance of his
duties and to substitute the judgment of the [President] for that of the [subordinate • All executive departments, bureaus, and offices are under control of
officer].” This may be extended to the power to “investigate, suspend or remove President
officers and employees who belong to the executive department if they are • President’s power of control over cabinet, who in turn controls bureaus and
presidential appointees or do not belong to the classified service for such can be other offices under their jurisdiction
justified that the power to remove is inherent to the power to appoint.” The same o As head of executive department, he may delegate some of his
cannot be done to officers or employees who belong to the classified service. The powers to the Cabinet except when he is required by the
procedure laid down in the Civil Service Act of 1959 must be followed for their Constitution to act in person or in the exegencies of the situations
removal. demand that he act personally
• The NBI is under the Department of Justice and since the Secretary of Justice
acts as alter ego of the President, his orders must be followed by the Director
Villaluz vs. Zaldivar of the NBI.
Acts of the alter egos of the President are acts of the President himself unless
Inherent in the power to appoint is the power to remove. disapproved or reprobated by the Chief Executive.
President’s power of control includes GOCCs as part of the Executive department. Jurisdiction over administrative disciplinary actions against elective local officials is
lodged in two authorities: The disciplining authority and the Investigating Authority.
The Disciplining Authority is the President whether acting by himself or through the
Executive Secretary. The Secretary of the Interior and Local Government is the
Investigating Authority who may act by himself or by and Investigating committee. Chavez vs. Romulo
The secretary of the DILG, however is not the exclusive investigating authority. In
lieu of the DILG Secretary, the disciplining authority may designate a special Under Section 17, Article VII of the Constitution, he/she is given powers as the Chief
Investigating committee. Executive: “The president shall have control of all the executive departments, bureaus
and offices. He shall ensure that the laws be faithfully executed.” As the Chief
Executive, GMA holds the steering wheel that controls the course of her government.
She lays down the policies in the execution of her plans and programs. Whatever
Hutchinson vs. SBMA policy she chooses, she has her subordinate to implement them. In short, she has the
power of control. Whenever a specific function is entrusted by law or regulation to her
Chartered instirutions are always under the power of control of the President. subordinate, she may act directly or merely direct the performance of a duty. Thus,
when GMA directed Ebdane to suspend the issuance of the PTCFOR, she was just
directing a subordinate to perform an assigned duty. Such act was well within the
prerogative of her office.
Cruz vs. Sec. of DENR
The task of the Department of Budget and Management is simply to review the
compensation and benefits plan of the government agency or entity concerned and Suspend
Declare
Call in Privilege of
determine if the same complies with the prescribed policies and guidelines issued in AFP Writ of Habeas
Martial
this regard. The role of the Department of Budget and Management is supervisorial in Law
Corpus
nature, its main duty being to ascertain that the proposed compensation, benefits and Prevent /
other incentives to be given to PRA officials and employees adhere to the policies and Suppress lawless Yes ? ?
Groun violence
guidelines issued in accordance with applicable laws. ds Invasion Yes yes yes
Rebellion Yes yes yes
Prevent /
Suppress lawless ?
Domingo vs. Zamora
violence
Period Gen. Rule: 60 days (except if extended or
Power of the President to reorganize over: 1) office of the President proper; 2) offices Invasion
revoked by Congress)
within the office of the President Rebellion
Notice ? Congress w/in 48 hours
Revocation ? Congress
Yes. The test is w/n the Pres.
Romuldez vs. Sndiganbayan Acted arbitrarily 7 sufficiently
?
Judicial Review & based on the facts; decide in 60
The felonious act of public officials and their close relatives are not acts of the state, Period days
and the officer who acts illegally is not acting as such, but stands on the same footing Who can
? Any Citizen
as any other offender. question
Courts & legis. Open Open Open
Assembly
The President has full discretionary power to call out the armed forces and to
determine the necessity of the exercise of such power. None of the petitioners have
supported their assertion that the President acted without factual basis.
President has 3 courses of action (in times of national emergency): David vs. Arroyo
To call out Armed Forces The president may call out the AFP without confirmation from Congress, but may not
exercise emergency powers without congressional enactment.
To suspend the privilege of the writ of habeas corpus
The calling out power is placed in a different category from the power to declare
martial law and the power to suspend martial law and the power to suspend the habeas
corpus otherwise, the framers of the Constitution would have simply lumped together
the 3 powers and provided for their revocation and review without any qualification
(see Section 18, Article 7 codal)
Section 19: Executive Clemency
The power to call is fully discretionary to the president.
Commutat
Reprieves Pardon Fines Amnesty
Lacson vs. Perez ion
Pres. +
The court may review the factual basis for the proclamation declaring the existence of Who
President President President President maj. Of all
a state of rebellion. exercises
of Congress
-relieved
Sanlakas vs. Exec. Sec. from
consequenc only the crime committed but removes all disabilities resulting from conviction.
es Often, imprisonment is not the only punishment when one goes against the law but
-civil
punishment also comes in the form of accessory and resultant disabilities. When
liability pardon is granted after the term of imprisonment has expired, absolute pardon
removes all that is left of the consequences of conviction.
-before
conviction
Llamas vs. Orbos
Requisite Final Final Final Final
-treason,
s Judgment Judgment Judgment judgment
political The president may grant clemency for administrative cases in the executive branch:
offense/law
of nations the constitution does not distinguish between criminal and administrative cases.
“after final judgment of conviction” – no appeals: if pardon is applied for, it shall not
be processed pending an appeal. The judgment must fist be final.
Except:
impeachment;
election Same (if People vs. Bacang
Limitation offense -> Same Same Same tax
(Comelec amnesty,
recommendati
Pardon cannot be extended pending an appeal.
needs
on) legislative
concurrenc Drilon vs. CA
e)
Gen. Rule: Once a person has been pardoned, or has served his sentence, his case can no longer
Acceptan needed be reopened and reinvestigated.
ce except if
absolute
Torres vs. Gonzales
The acceptance of a conditional pardon, carried with it the authority or power given to
the President to determine whether the condition of the pardon has been violated. To
no other department of the Government has such power been entrusted or delegated.
Such act of the President is not subject to judicial scrutiny.
Cristobal vs. Labrador
People vs Cassido
There are only two limitations on the pardoning power of the executive: that the
Amnesty – granted to classes of persons guilty of political offenses, instituted before
power be exercised after conviction (final judgement) and that such power does not
or after criminal prosecution or even after conviction.
extend to cases of impeachment. Pardon was granted to Santos after he has served his
sentence and his case was not that of impeachment. Thus, the pardoning power of the
executive cannot be restricted by legislative action. An absolute pardon blots out not Monsanto vs. factoran
Pardon does not restore a convicted felon to public office. He must first acguire a money agreements for settlement of pecuniary claims of the citizens.
reappointment, not a reinstatement, and does not exempt him from paying civil 3) Senate resolution 15 admitted the validity and the binding force of the
liabilities. agreement.
4) The act of congress appropriating funds for the yearly installments (under the
Garcia vs. COA agreement) constitute a ratification thereof. Because international agreements
are for the executive, the courts may not encroach upon their validity.
Since the pardon was based on innocence, the accused should be accorded his rights
Tanada vs. Angara
previously held. He should be automatically reinstated and given back wages, as if he
never left his office, as his dismissal is rendered null and void, due to lack of the cause Bayan vs. Zamora
of action to which his innocence was found. Treaty – signed and approved by 2/3 majority vote of all members of the Senate.
1987 Constitution – took effect on Feb. 2, 1987 (upon ratification by the people)
PCGG – continued to operate.
Military Bases: only allowed based on following requisites:
1) a treaty is entered into
2) duly concurred in by the Senate, and when Congress requires, ratified by a
majority of the votes cast by the people in a national referendum for that
purpose
3) the treaty is recognized as such by the other contracting State.