Professional Documents
Culture Documents
01,
2017
Political
Law
Review
Read
imbong
v
ochoa
The
three
branches
of
govt
Legislative
• House
of
Representative
• Senators
Non
legislative
function
• National
board
of
canvasser
Do
this
in
joint
session,
decided
by
the
senate
president
In
case
of
tie,
between
the
pres
and
VP,
the
majority
of
congress
break
the
tie
• Call
special
election
when
there
is
vacancy
to
the
position
of
the
pres
and
the
VP
(45
to
60)
• In
case
of
there
is
temporary
disability
in
the
office
of
the
president,
a
letter
from
the
president
shall
be
given
to
the
congress
that
he
is
incapable
of
doing
his
job.
The
congress
will
appoint
the
VP,
until
when?
Until
the
president
will
write
a
letter.
But
if
the
cabinet
thinks
that
the
president
cannot
do
his
job,
and
president
he
can
there
wil
be
voting
2/3
votes
is
needed.
If
not
reach
2/3
pres
will
do
his
functions
• In
case
the
president
suspend
the
privilege
of
habeas
corpus
or
martial
law,
the
congress
may
veto,
or
shortened.
The
congress
voting
jointly
may
revoke
the
declaration.
The
congess
also
may
convene
with
24
hrs.
they
may
revoke
and
extend
the
period
of
declaration
of
martial
law
or
habeas
corpus.
They
cannot
simply
extend,
there
must
be
initiative
from
the
president
• In
case
the
president
grants
amnesty.
Congress
approves
the
presidential
amnesty.
• In
case
the
president
enters
in
treaty,
the
treaty
must
concurred
by
2/3
of
the
member
• The
power
to
declare
national
emergency,
2/3
of
the
members
but
must
vote
separately
• The
congress
has
the
power
to
utilization
of
the
national
resources,
by
law
may
allow
small
scale
of
utilization
of
natural
resource
• The
congress
may
act
as
constituent
assembly,
by
votes
of
¾
or
2/3
concon,
or
simple
majority
• Has
the
power
to
impeach.
Who
can
congress
impeach?
The
Pres,
VP,
CJ,
and
the
AJ,
the
chair
and
members
of
the
3
Constitutional
Commissions,
and
the
Ombusdsman,
they
cannot
be
removed
without
impeachment.
It
may
be
initiated
by
member
of
the
house,
or
by
citizen
endorsed
by
the
house,
the
presiding
officer
is
the
SP,
except
for
the
Pres
and
VP
there
are
to
presiding
officer
the
CJ
and
the
Senate
President.
(house
prosecutor,
Senate
as
the
judge)
a
• When
it
comes
to
qualification
of
election
and
returns
the
sole
judge
is
the
HRET.
If
senate
of
the
House
the
SET.
The
HRET
and
SET
is
composed
of
3
SCJ,
3
members
of
house,etc
POLIREV-‐ATTY
BONG
LOPEZ-‐
CLAVERIACAD1
• Is
to
confirm
the
appointment
of
the
pres
in
regard
to
certain
positions.
CABINETS,
ambassadors,
consuls,
military
from
the
rank
of
colonel
up
or
Navy
Captain
Up
12
senators-‐12-‐representatives.
In
proportion.
All
other
officers
are
vested
to
the
President
and
all
other
officers
are
appointed
of
the
president
except
the
4
mentioned
• They
approve
the
national
budget,
of
the
GAA
fro
the
Fiscal
Year
• They
are
entitled
to
one
seat
in
the
Judicial
of
Bar
Council
(JBC)
LEGISLATIVE
FUNCTION
HOW
DOES
CONGRESS
MAKES
LAWS
-‐ A
member
from
the
senate
of
HOR
that
sponsors
a
bill
(not
yet
a
law)
-‐ Who
proposes
it
a
member
of
the
house
of
senate
-‐ 3
readings
to
be
done
in
separate
days
-‐ there
must
only
be
one
subject
matter
per
bill
-‐ the
subject
matter
must
be
embraced
in
one
title,
otherwise
it
will
violate
the
1
title
and
subject
matter
-‐ rider-‐
when
one
provision
is
not
related
to
the
subject
matter
-‐ hodgepodge
or
log
rolling-‐check
the
meaning
-‐ 1st
reading-‐
number
will
be
given
(HB
14344,
the
title
will
be
read)
o those
who
are
in
favor
or
voting
will
be
written
to
the
journal
o all
the
proceedings
are
recorded
in
the
minutes
of
both
houses.
o It
will
be
given
to
the
committees
who
shall
make
the
draft
to
make
the
bill
o After
the
draft
was
written
be
given
to
plenary
for
the
2nd
reading
-‐ 2nd
reading
there
will
be
debate
and
interpellations
o the
yes
and
nays
will
be
recorded
in
the
journal
o submitter
to
the
commitees
again
to
make
the
final
draft
-‐ 3rd
reading
then
approved
will
be
given
to
the
Senate
o from
the
senate
there
will
be
1st
,
2nd,
and
3rd
reading
again
-‐ If
it
is
now
a
bill,
it
will
be
give
to
the
president,
if
it
not
acted
within
30
days
it
is
approved
-‐ Then
must
be
published
if
no
publication
violation
of
substantive
due
process
-‐ If
the
president
will
veto
it,
it
will
be
return
to
the
house
where
it
is
originated
-‐ The
HoR
or
The
Senate,
they
can
override
the
veto
of
the
president
by
2/3
vote.
The
bill
will
be
a
law
despite
the
disapproval
of
the
president
-‐ When
the
president
veto
a
bill
he
must
veto
the
entire
bill.
If
it
appropriation
or
tax
bill
may
approved
or
disapproved
one
item
(item
veto)
there
shall
be
no
line
veto.
-‐ the
bill
may
originate
from
the
HoR
or
Senate
or
both
exception
if
it
is
an
appropriation
bill
or
tax
bill
it
must
always
come
from
the
house
-‐ may
the
senator
sponsor
the
bill
pag
may
nabalitaan?
Yes
but
they
cannot
act
on
it,
wait
for
the
HoR
to
finish
the
process
POLIREV-‐ATTY
BONG
LOPEZ-‐
CLAVERIACAD2
normally
the
version
are
the
same.
If
not
the
same,
they
create
a
special
committee,
they
may
draft
based
on
the
both
drafts
or
houses
etc,
that
will
be
the
final
draft.
And
that
final
draft
is
called
the
enrolled
bill
what
if
there
is
conflict
between
the
journal
and
the
enrolled
bill
it
depends,
of
yes
or
nays,
the
journal,
if
it
is
the
content
of
the
bill,
the
entolled
bill
tax
law
-‐uniform
-‐
equitable
-‐progressive
system
of
taxation
GAA
-‐ if
there
is
a
recess,
the
previous
budget
will
be
the
budget
unless
they
create
a
new
budget.
-‐ Once
the
budget
is
approved
that
cannot
be
changed
-‐ Cross
boarder
transfer
not
allowed
-‐ The
one
who
will
create
budget
is
the
respective
agencies
-‐ The
SC
have
Fisacal
Autonomy,
if
approved
their
budget
will
be
automatically
release
-‐ Budget
can
be
transferred
within
the
department,
what
is
disallowed
is
that
the
money
of
executive
will
be
transferred
to
legislative.
It
is
subject
to
limitations,
that
what
will
be
transferred
must
came
from
savings.it
must
be
declared
that
it
is
savings
(PDAF
case)
-‐ DAP
case
is
a
cross
boarder-‐
in
criminal
law
is
technical
malversation
-‐ Autonomy
of
the
LGU-‐internal
revenue
(IRA)
they
have
automatic
share
• If
the
cities
is
created
o 250
population
entitled
to
1
legislative
district
o if
province
entitled
only
to
one
legislative
district
o ARMM
created
a
province,
the
congress
is
the
one
who
can
create
legislative
district.
What
are
the
provileges
and
prohibition
of
the
members
of
the
congress
1. If
they
are
lawyers,
they
cannot
appear
in
court
when
the
other
party
is
the
government
2. They
cannot
engaged
in
any
business,
which
they
owned
or
relatives
which
they
have
business
interest,
if
they
have
reveal
it
to
their
houses
3. If
there
is
session,
they
are
immune
from
arrest,
the
offense
is
not
punishable
for
more
that
6
years
and
1
day
if
it
6
years
and
below
they
can
be
arrest,
if
there
is
no
session
they
can
be
arrest
4. Privilege
speech,
they
can
say
anything
they
want
they
cannot
be
liable,
it
is
applicable
only
in
plenary.
The
house
can
still
discipline
him
even
if
they
cannot
be
liable
POLIREV-‐ATTY
BONG
LOPEZ-‐
CLAVERIACAD3
5. If
one
of
the
congress
is
appoint
in
any
position
and
accepts
it
automatically
forfeits
the
seats
why?
Violation
of
separation
powers.
EXECUTIVE
DEPARTMENT
-‐ Executive
power
is
vested
to
the
President
alone.
Those
which
performs
functions
under
executive,
is
presume
to
be
the
act
of
the
president
unless
the
president
reversed
it.
(Doctrine
of
Qualified
Political
Agency)
-‐ Corollary
to
the
doctrine
the
president
exercise
two
powers
o Control-‐is
the
power
to
alter,
reverse,
set
aside
a
decision
of
the
subordinate
(
montano
vs….pepsi
cola
v
CA)
o Supervision-‐in
LGU
the
power
of
the
President
is
Supervision
only
why
its
supervision
only?
Liaison
power.Palaez
v
SOLGEN
How
does
he
perform
function
Through
alter
ego
DFA,
DND,
DILG,
DENR,
DOJ
-‐ Secretary,
usec,
asec
-‐ Executive
prerogative
-‐ If
appointed
based
on
merit
and
fitness
through
examination
-‐ There
must
be
a
Civil
Service
Eligibilty,
you
can
be
as
an
acting
-‐ CESO
-‐ That
he
can
appoint
based
on
merit
and
fitness
-‐ He
cannot
appoint
any
relative
with
4th
degree
from
consanguinity,
affinity.
-‐ Once
appointed
he
will
not
be
seated,
will
be
submitted
to
the
COA,
then
hearing,
approved,
accepts
and
if
accepted
perfom
regular
functions
(regular
appointment)
-‐ President
appointed
wgen
congress
is
not
in
session
(ad
interim
appointment)
the
appointee
right
away
perform
the
functions
immediately,
when
the
congress
will
have
session
they
will
check
if
qualified,
if
reject
he
cannot
assume
and
perform
functions
and
cannot
be
appointed
again.
-‐ Ad
interim
can
perform
the
functions
right
away
if
he
is
not
approved
in
regular
session,
then
next
session
(by
pass)
if
by
passed,
the
president
must
re
appoint
him,
-‐ If
the
appointee
is
rejected
he
cannot
be
reappointed.
Can
he
be
reappoint
to
other
departments?
Yes,
but
not
for
the
same
position
-‐ Ad
interim
is
also
a
permanent
appointment-‐the
president
cannot
take
back
the
appointment,
he
can
be
remove
without
just
cause
and
due
process
-‐ They
cannot
be
remove.
-‐ Who
are
temporary
appointed?
Those
who
have
no
civil
service
eligibility,
you
cannot
be
permanent
even
if
you
serve
nth
year.
-‐ Exempt
from
competitive
exam
policy
determining,
highly
technical,
primarily
confidential
If
power
to
appoint
the
power
to
remove
-‐ Lower
officials,
there
must
be
a
just
cause
and
due
process
POLIREV-‐ATTY
BONG
LOPEZ-‐
CLAVERIACAD4
-‐ The
secretaries/members
of
cabinet
can
be
remove
by
the
president
by
the
pleasure
and
discretion
of
the
president.
DFA
-‐ Foreign
affairs
-‐ In
every
country
there
is
representative-‐ambassadors
-‐ The
president
is
the
number
one
ambassador
-‐ The
president
as
head
of
state
he
is
the
best
representative
-‐ The
ambassadors
represent
the
president
-‐ Diplomatic
power-‐
to
represent
the
state
to
the
other
state,
also
to
enter
an
international
agreement,
if
treaty
it
must
be
voted
2/3
of
the
congress
except
if
it
involves
foreign
troupes
DND
-‐ Arm
forces
of
the
Philippines
o Philippine
army
o Philippine
Navy
o Philippine
Air
force
-‐ The
secretary
is
a
civilian.
(constitutional
provision)
-‐ The
president
of
the
Philippines
is
the
commander
in
chief,
he
exercise
military
power
o Call
out
the
military
lawless
violence,
invasion
rebellion
o Suspend
the
privilege
of
habeas
corpus
rebellion,
invasion
o Martial
law
in
case
of
rebellion
-‐ Lansang
v
garica-‐
a
political
question
the
power
is
vested
in
president
alone,
we
can
only
trust
and
pray
-‐ Under
1987
constitution-‐
express
provision
that
does
not
suspend
the
constitution.
-‐ Lino
v
Morales
-‐ You
can
inquire
in
the
factual
basis
of
the
suspension
of
the
habeas
corpus
and
the
declaration
of
the
martial
law
(
as
discussed
in
the
power
of
the
congress)
any
citizen
can
go
to
the
SC
and
question
if
there
is
a
factual
basis
of
declaration
of
martial
law.
-‐ The
SC
can
inquire
in
the
factual
basis.
-‐ But
in
case
of
calling
out
power-‐a
political
question
DILG
-‐ Interior
(PNP,
BFP,BJMP)
-‐ ARTICLE
16
SEC
6.
POLICE
ARE
NOT
MILITARY
ARM,
THEY
ARE
CIVILIAN
-‐ NAPOLCOM
-‐ What
is
the
power
of
the
local
executive
to
the
police?
They
are
deputized
by
NAPOLCOM-‐
they
can
also
deputized
the
mayor
or
the
governor.
-‐ OP
have
the
power
of
Direct
supervision
only
to
the
province,
highly
urbanized
city,
independent
component
city,
then
indirect
to
municipality,
city,
barangay.
Can
only
file
administrative
function
by
the
direct
supervisor
POLIREV-‐ATTY
BONG
LOPEZ-‐
CLAVERIACAD5
DENR
-‐
as
an
example
only:
under
is
Bureau
of
foresty,
fishery,
mines
-‐in
admin
case
you
cannot
go
to
regular
courts
until
you
exhaust
all
the
remedies
(doctrine
of
exhaustion
of
administrative
remedies)
if
going
to
admin
is
futile
DOJ
-‐ Headed
by
secretary
of
justice
-‐ NBI,
office
of
the
Prosecutor,
PAO,
Bureau
of
immigration
and
deportation,
shared
in
BJMP
with
DILG
-‐ What
is
the
difference
between
NBI
and
police,
NBI
is
for
organized
crime.
-‐ The
president
also
have
pardoning
power.
Pardon,
reprieve,
commutation
of
sentecnce,
remission
of
crime
or
forfeiture,
amnesty
-‐ Pardon
o Absolute-‐all
penalty
been
removed,
o Conditional
pardon-‐acceptance
is
needed,
because
the
condition
may
be
harder
than
the
penalty
itself,
-‐ Reprieve
o Suspend
only
the
penalty
-‐ Commutation
of
sentence
o Pinapababa
ang
sentence
-‐ Remission
of
crime
-‐ Amnesty
o Given
to
a
group
usually
for
political
reason,
even
before
any
charges.
Not
sole
prerogative
of
evidence.
Difference
between
amnesty
and
pardon
(check)
-‐ Parole
o Di
pa
nawala
parusa
o There
is
still
penalty
but
for
the
meantime
out
of
jail.
o Given
when
serve
minimum
sentence
Borrowing
power
of
the
President
-‐NEDA
-‐BSP
SUCCESSION
-‐ Before
assumption
of
office
on
june
30
at
noon
-‐ Failed
to
qualify
or
elect
-‐ The
VP
acts
as
the
president
until
when?
Until
the
president
qualifies.
-‐ The
VP
does
not
become
president
he
merely
acts
-‐ If
dies
or
permanently
disabled.
The
VP
becomes
the
President
for
the
entire
6
years
-‐ Upon
assumption
of
office
pres
permanently
disable,
dies,
removed,
resign,
the
VP
becomes
the
Pres
until
the
end
of
the
term
of
the
president
-‐ Grounds
for
Impeachment?
-‐ ERAP
case
constructive
resignation
POLIREV-‐ATTY
BONG
LOPEZ-‐
CLAVERIACAD6
-‐ Before
assumption
failed
to
qualify
or
both
died
disabled
etc.
the
Senate
Pres
acts
as
president.
Until
when?
Until
a
new
pres
and
VP
qualify
or
elected
-‐ If
Senate
Pres
died,
the
speaker
of
the
house
-‐ Then
died
all,
special
election
but
there
can
be
no
election
18
months
before
the
election
-‐ Upon
assumption
dies,
removal
resign
etc.
the
SP.
Speaker
of
the
house
until
a
new
pres
-‐ If
VP
dies,
the
president
chooses
one
of
the
member
of
the
congress,
appoint
and
confirmed
by
congress
JUDICIARY
-‐ Vested
in
one
SC
And
other
inferior
court
as
may
be
created
by
law
-‐ The
judicial
power
is
not
vested
in
the
SC
alone,
it
is
vested
within
the
SC
and
the
inferior
court
-‐ Congress
can
increase
the
power
and
jurisdiction
of
the
SC
only
if
there
is
concurrence
recommendation
from
the
justices
-‐ There
is
only
one
SC
-‐ If
loss
in
pet
u
cannot
appeal
in
the
SC
(makalintal
v
comelec)
-‐ Judicial
power
have
adjudicatory
power,
to
settle
disputes
and
controversies
over
cases
-‐ Check
what
is
judicial
review-‐
the
power
to
test
the
validity
of
acts,
any
branch
of
govt
if
there
is
a
grave
abuse
of
discretion
amounting
to
lack
or
excess
of
Jurisdiction.
-‐ Incidental
powers,
contempt,
issue
subpoena,
grant
deny
motions
oreder
of
the
arrest
-‐ SC
also
has
quasi-‐legislative
power.
Have
the
rule
making
power,
for
the
protection
and
enforcement
of
the
rights
-‐ Check
the
power
of
the
SC/
justices
The
power
of
judicial
review
-‐ There
must
be
an
actual
case
and
controversy
Justiciable
Not
moot
and
academic
Ripe
for
judicial
determination
-‐ Locus
standi
(citizen
standing,
tax
payer
standing/suit,
legislative,
government
suit,
epistolary
jD,
intergenerational
suites,
paren
patriae.
-‐ Raised
at
the
earliest
opportunity
-‐ Lismota
When
does
the
constitution
violates
its
own
rules?
-‐ Transcendental
importance
-‐ Grave
violation
of
the
constitution
-‐
POLIREV-‐ATTY
BONG
LOPEZ-‐
CLAVERIACAD7