Professional Documents
Culture Documents
Section 21 The Senate or the HoR or any of its respective committees may conduct inquiries in aid
of legislation in accordance with its duly published rules of procedure. The rights of persons
appearing in or affected by such inquiries shall be respected.
1. The power to conduct inquiry in aid of legislation in accordance with its duly published
rules of procedure.
2. The power to issue summons and notices in connection with matters subject of its
investigation or inquiry.
3. The power to punish or declare a person in contempt during or in the course of legislative
investigation.
4. The power to determine the rules of its proceedings.
Section 22 The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to their departments.
Written questions shall be submitted to the President of the Senate or the Speaker of the HoR at
least 3 days before his scheduled appearance.
Interpellations shall not be limited to written questions, but may cover matters related thereto.
When the security of the State or the public interest so requires and the President so states in
writing, the appearance shall be conducted in executive session.
SENATORS MEMBERS OF CONGRESS
In all offenses punishable by NOT more than 6 In all offenses punishable by NOT more than 6
years imprisonment, a Senator has the following years imprisonment, a member of the HOR has
immunities: the following immunities:
a. A senator shall be privileged from arrest a. The members of the HOR shall be
while the Congress is in session. privileged from arrest while the Congress
Purpose: To ensure his attendance of the session is in session.
so that the constituents will enjoy representation. Purpose: To ensure his attendance of the
session so that the constituents will enjoy
b. A senator shall NOT be questioned nor held representation.
liable in any other place for any speech or c. A member of the HOR shall NOT be
debate in the Congress or in any committee questioned nor held liable in any other
thereof. place for any speech or debate in the
Congress or in any committee thereof.
Purpose: To enable the Senator to express his Purpose: To enable the member of the HOR to
views on matters of public interest WITHOUT fear express his views on matters of public interest
of accountability. WITHOUT fear of accountability. (S11 A6)
It is the right of government to withhold information from the courts, Congress and the
public. However, this privilege is recognized only in relation to certain types of information of
a sensitive character. It does not recognize that executive officials are exempt from
disclosure by the mere fact of being executive officials. The presumption favors disclosure
and against executive secrecy.
Who can avail Executive Privilege?
The President can either invoke EP or authorize the Exec.Sec. to invoke the privilege in her
behalf, in which case the Exec.Sec. must state that the authority is By order of the President
which means that he personally consulted with her.
If the cabinet members or department secretaries claim that they need the consent of the
President before they testify in Congress, or that the matter subject of their testimony
involves a state secret or a privilege matter, they should obtain a certification from the
President through the Exec.Sec.
Example of a case where the SC upheld the principle of Inter-departmental Courtesy and
ruled in favor of protecting Judicial Privelege
In Re: Production of Court Records and Documents and the Attendance of Court Officials and
Employees as Witnesses under the Subpoena of Feb.10,2012 and the Various Letters for the
Impeachment Prosecution Panel
During and in the course of the impeachment trial of Corona, there were requests made to
the SC relative to the examination and production of certain documents and records as well
as testimony of justices, officials and employees of the curt, including the issuance of
certified true copies of the rollos and the agenda and the minutes of the deliberation relative
to certain cases.
What was the position taken by the SC relative to the said requests?
The SC leaned in favor of protecting judicial privilege and upholding the principle of inter-
departmental courtesy, holding that each branch of the government is considered
separate, co-equal and coordinate and supreme within its own sphere, under the
legal and political reality Of one overarching Constitution that governs one
government and one nation for whose benefit all the 3 separate branches must
act with unity.
In driving home its point of stressing the principle of judicial privelege the SC said that
certain information contained in the record of cases before the court are
considered confidential and are exempt from disclosure.
It went on to explain that while a Senator under our Constitution may invoke legislative
privilege when he or she is questioned outside the Senate in connection with information
which were brought out during an executive session of the Senate, a justice of the court
may likewise invoke judicial privilege in the Senate sitting as an impeachment
court.
EXECUTIVE POWER (pp. 574-575)
Q: What is the executive power of the President?
A: It is the power to enforce and administer the laws of the land. (Secs.1 and 17 A7) The
President shall ensure that laws are faithfully executed.
A7 S1: The executive power shall be vested in the President of the PH.
All executive and administrative organizations are adjuncts of the Executive Department, the
heads of the various executive departments are assistants and agents of the Chief Executive,
and, except in cases where the Chief Executive is required by the Constitution or by law to
act in person on the exigencies of the situation which demands that he acts personally, the
multifarious executive and administrative functions of the Chief Executive are performed by
and through the executive departments and the acts of the Secretaries of such departments,
performed and promulgated in the regular course of business, are,
UNLESS disapproved or reprobated by the Chief Executive presumptively the acts of the
Chief Executive.
SECTION 18 ARTICLE 7
MILITARY POWERS (pp. 609)
Q: What are the military powers of the President as Commander-in-Chief of the AFP?
A: 1.He may call out such armed forces to prevent or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a
period NOT exceeding 60 days, suspend the privilege of the writ of habeas corpus or place
the PH or any part thereof under martial law.
2.He may enforce discipline in the AFP through courts martial which may be created by
the President under and by virtue of his power as Commander-in-Chief of the AFP.
1. In case of invasion or rebellion, when public safety requires it, he may, for a period NOT
exceeding 60 days, suspend the privilege of the writ of habeas corpus.
LIMITATIONS TO THE MILITARY POWER OF THE PRESIDENT (pp.610)
1. He may call out the armed forces to prevent or suppress lawless violence, invasion or
rebellion only.
2. The grounds for the suspension of the privilege of the writ of habeas corpus and the
proclamation of martial law are now limited only to invasion or rebellion.
3. The duration of suspension should NOT exceed 60 days following which it shall be lifted,
unless extended by Congress.
The President shall submit a report in person or in writing to the Congress within 48 hours
from the proclamation of martial law or the suspension of the privilege of the writ of habeas
corpus.
4. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or suspension, which revocation shall NOT be
set aside by the President.
5. Congress may extend such proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public safety requires it.
6. The SC may review, in an appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the suspension of the privilege of the writ
or the extension thereof, and must promulgate it decision thereon within 30 days from its
filing.
7. The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with the invasion.
8. A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of JD on
military courts and agencies over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ.
9. During the suspension of the privilege of the writ, any person thus arrested or detained shall
be judicially discharged within 3 days otherwise he shall be released.
NEW DEFINITION OF JUDICIAL POWER (pp.638)
It includes now the duty of the courts of justice to determine WON there has been a grave
abuse of discretion amounting to lack or excess of JD on any part of any branch or
instrumentality of the government, constitutes the totality of the judicial power which is now
vested by our Constitution in one SC and in such lower courts as may be established by law.
What are 3 points that should be remembered in connection with the new concept of judicial
power?
1. The abuse of discretion as alleged must be grave which amounts to lack or excess of
JD;
2. The alleged grave abuse of discretion will have yet to be determined by the courts of
justice particularly the SC; and
3. The SC can check even Congress and the President of the RP or even Constitutional
bodies because they fall within the phase any branch or instrumentality of the
government.
-
WRIT OF AMARO (pp.676-679)
It is a remedy available to any person whose right to life, liberty and security has been
violated or is threatened with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity.
The rule will provide the victims of extralegal killings and enforced disappearances the
protection they need and the promise of vindication for their rights.
The rule also empowers our courts to issue reliefs that may be granted through judicial
orders of protection, production, inspection and other relief to safeguard ones life and liberty.
It is broader in scope and application than the writ of habeas corpus in that it protects a
person against illegal arrest and violation of human rights.
CONSTITUTIONAL BASIS:
Under S5 (5) A8, the SC is clothed with powers to promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice and procedure in all
courts.
The provision is intended not only to underscore that constitutional rights are mere
declaratory but also enforceable.
By virtue of this constitutional grant of power, the SC may adopt the writ of amparo in order
to effectively shield a person against the violation of human rights by arbitrary authorities.
WHERE IT MAY BE FILED: RTC of the place where the threat, act or omission was committed
or any of its elements occurred, or with Sandiganbayan, the CA, SC or any justice of such
courts. The writ shall be enforceable anywhere in the PH.
WRIT OF HABEAS DATA (pp.680-681)
A remedy available to any person whose right to privacy in life, liberty or security is violated
or threatened by an unlawful act or omission of a public official or employee, or of a private
individual or entity engaged in the gathering, collecting or storing of data or information
regarding the person, family, home and correspondence of the aggrieved party.
Any aggrieved party may file a petition for the WHD. However, in cases of extralegal killings
and enforced disappearances, the petition may be filed by:
(a) Any member of the immediate family of the aggrieved party namely: the spouse, children
and parents; or
(b) Any ascendant, descendant or collateral relative of the aggrieved party within the 4 th civil
degree of consanguinity or affinity, in default of those mentioned in the preceding
paragraph.
The petition may be filed with the RTC where the petitioner or respondent resides, or that
which has JD over the place where the data is gathered, collected or stored at the option of
the petitioner.
The petition may also be filed with the SC or CA or Sandiganbayan when the action concerns
public data of government offices.
(2) A majority of each House shall constitute a quorum to do business, but a smaller number may
adjourn from day to day and may compel the attendance of absent Members in such manner, and
under such penalties, as such House may provide.
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly
behaviour and, with the concurrence of 2/3 of all its Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall NOT exceed 60 days.
(4) Each House shall also keep a Journal of its proceedings, and from time to time publish the same,
excepting, such parts as may, in its judgment, affect national security; and the yeas and nays on
any question, shall at the request of 1/5 of the Members present, be entered in the Journal. Each
House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, WITHOUT the consent of the other,
adjourn for more than 3 days, nor to any place than that in which shall the 2 Houses be sitting.
QUORUM
Q: What constitutes a quorum to do business in each House?
A: A MAJORITY OF ALL THE MEMBERS OF EACH HOUSE shall constitute a quorum to do business,
but a SMALLER NUMBER MAY ADJOURN FROM DAY TO DAY and may compel the attendance of
absent members in such manner, and under such penalties, as such House may provide.
Q: Define quorum.
A: The number of persons of the body which, when legally assembled in their places, will enable
the body to transact its proper business, or, in other words, that number that makes a lawful body
and give it power to pass a law or ordinance or do any other valid corporate act. (Javellana v Tayo)
It refers to number of members, whose presence is required before a meeting can legally
take action. It is usually a majority of the entire body.
There must at least be a quorum which is a majority of all the members of their members
plus one.
Q: Who punishes, suspends or expels the members of each House for disorderly behavior?
A: Each House may punish, suspend or expel its Members for disorderly behaviour, but subject to
the ff.conditions:
1. Said punishment, suspension or expulsion must have the CONCURRENCE OF 2/3 OF ALL ITS
MEMBERS;
2. A penalty of suspension, when imposed, shall NOT EXCEED 60 DAYS.
Q: What constitutes disorderly behaviour and who determines if a disorderly behavior was
committed?
A: IT DEPENDS ON CONGRESS to determine what constitutes the disorderly behaviour being
complained of, and if the same was indeed committed. This matter is considered a POLITICAL
QUESTION and which is beyond the ambit of judicial interference or review. Any expulsion or
suspension of a member, however, which violates the 2 conditions aforementioned (concurrence of
2/3 or violation of the 60 day period) is considered as a JUSTICIABLE QUESTION.
SUSPENSION (PP.502-503)
Q: Can a member of Congress be SUSPENDED by the COURTS?
A: In the old case of OSMENA V PENDATUM, the SC ruled that suspension of a member of Congress
on the ground of disorderly behavior is a POLITICAL QUESTION and it is therefore beyond the
discretion and authority of the courts to intervene on such a kind of question. Suspension in this
case is premised on the provision of S10 (3) A6 of the 1935 Constitution which provides as follows:
Each House may determine the rules of its proceedings, punish its Members for disorderly behavior
and with the concurrence of 2/3 of all its Members, expel a Member.
The SC distinguished this kind of suspension from that which is based on alleged violation of
RA 3019 otherwise known as the Anti-Graft and Corrupt Practices Act. In effect, the SC ruled
that if the basis of suspension is alleged violation of RA 3019, the same is NO longer a
political question but a JUSTICIABLE QUESTION. The SC said:
Pets. Invocation of S16 (3) of A6 of the Constitution is UNAVAILING, as it appears to be
quite distinct from the suspension spoken of in S13 of RA 3019 which is NOT a penalty but a
PRELIMINARY PREVENTIVE MEASURE, prescinding from the fact that the latter is NOT being
imposed on pet. for misbehavior as a member of the HOR.
Q: Under what authority may the Congress authorize the President to exercise emergency powers?
A: Congress may by law authorize the President to exercise emergency powers under S23 (2) of A6
which provide as follows:
In times of war or other national emergency, the Congress may, by law, authorize the President,
for a limited period and subject to such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution
of the Congress, such powers shall cease upon the next adjournment thereof.
Without the said standard, there would be no means to determine, with reasonable certainty
whether the delegate has acted within or beyond the scope of his authority. When this happens,
the power of legislation will eventually be exercised by a branch of government other than in which
it is lodged by the Constitution.
EXCEPT when such priest, preacher, minister or dignitary is assigned to the armed forces, or to any
penal institution, or government orphanage or leprosarium.
What is the extent of the prohibition to use public funds or property for secretarian purposes?
The prohibition applies only when the appropriation is intended purposely to benefit a religious
institution.
The use of public property for religious purposes is NOT prohibited in the ff.cases:
1. When the religious character of such use is merely INCIDENTAL to a temporary use which is
available indiscriminately to the public in general.
Example: Quirino Grandstand may be used by the El Shaddai or by any religious domination,
to commemorate its anniversary or political rally.
2. Ecclesiastes may be paid public funds if they serve the government in a non-ecclesiastical
capacity.
Example: A priest serving as a member of the committee investigating the Centennial Expo
Scam may receive transportation allowance from public funds because he receives the same
not as an ecclesiastic but as a member of said committee.
IS PRESIDENT ESTRADA ELIGIBLE TO RUN AGAIN AS PRESIDENT OF THE RP?
The use of the article the before President implies that the phrase refers only to the
incumbent President. Moreover, he uses the 4 year threshold found in the 2 nd sentence as
basis to argue that since Pres. Estrada served for only 3 years, then he is not barred from
running again.
According to the Suarez, Pres.Estrada is NOT eligible to run again. SEE PP.579-580
The President enjoys immunity from during his tenure. After the tenure of office of the President,
immunity for non-official acts is lost. The rule is that unlawful acts of public officials are not acts of
the State and the officer who acts illegally is not acting as such but stands in the same footing as
any other trespasser.
1. The cases filed against him before the respondent Ombudsman should be prohibited because
he has not been convicted in the impeachment proceedings against him;
2. He enjoys immunity from all kinds of suit, whether criminal or civil.
The SC held:
1. When the 1987 Constitution was crafted, its framers did not re-enact the executive immunity
provision of the 1973 Constitution.
2. Since the impeachment court is now functus officio, it is untenable for petitioner to demand
that he should first be impeached and then convicted before he can be prosecuted. The plea
if granted would put bar against his prosecution. Such a submission has nothing to commend
itself for it will place him in a better situation than a non-sitting President who has not been
subjected to impeachment proceedings and yet can be the object of a criminal prosecution.
What is the scope of immunity that can be claimed by petitioner as a non-sitting President?
The cases filed against pet. Estrada are CRIMINAL in character. They involve plunder,
bribery and graft and corruption. These cases cannot be covered by immunity of non-
sitting President.