Pointers for Midterms Tuesday, 2April2019 7:59 AM 5 Questions with 4 sub-questions (with one usual case analysis) Judicial Department ~ Distinguish power of Judicial Review Secs (par 2) vs Judicial Power Sec 1 (par 2) ‘© Always connected with political question doctrine (Marcos v Manglapus- SC took cognizance of the case even if there was a political question) ‘© Functions of Judicial Review ‘© Operative Fact Doctrine- Araullo v Aquino - Judicial Restraint and Judicial Legislation (Knights of Rizal vs DMCI- J. Carpio tackled pro hac vice rule; all decisions of the court become part of the law of the land) - Appointments in the judiciary (Villanueva; Sereno; Aguinaldo) - Limitations of Rule Making Power of thes ‘© Simplified © Uniform © Inexpensive ‘© (DIM) will not diminish, increase or modify substantive rights Judicial Privilege? Executive Department ~ Calling out powers of the President ‘© Safeguards (Congress and Judiciary); Principles of Check and Balances ‘© Focus on provisions of Sec 18, Art VIL ‘© David v PGMA; Ampatuan v Puno; Fortun v PGMA; Lagman v Midealdea ~ Item veto; pocket veto (when Congress adjourns, president has right to reject any pending bill submitted) © Effect with general appropriations act (GAA of year before will be use) ~ Impoundment - Congress gives president certain amount of money to be spent on particular projects ‘© PDAF (lump sum) - violates Constitutional provision on line budgeting ~ Case analysis: Impeachment ~ Power of appointment ~ Power of control and supervision © Alter ego doctrine © Qualified political agency principle ~ Pardoning powers of the president ‘© Tu v Natividad Dizon © Can aPresident pardon a judge dismissed by the Judiciary? NO. This is an administrative proceeding; Pardoning powers only apply to criminal cases. ~ Executive Privilege (Neri v Senate) ~ Senate Ermita - Drilon, in his capacity as Senate President, questioned EO 464 which required PGMA's consent before any member of the executive department could appear before any ‘congressional inquiry (EXC: Gudani v SENA - Commander in Chief Powers; Command Responsibility can only be exercised with the Armed Forces of the Philippines (will not apply with PNP because police is civilian force)) ~ Residual Powers of the President Legislative Department ~ Legislative Powers (PEAR-laws) ‘© Propose Enact Amend Repeal ooo- What are the necessary powers Congress must have in order to exercise legislative powers {powers by necessary implication)? ‘© Congressional Inquiry and Oversight ‘© Question Hour - 5 Non-Legislative Powers of Congress ‘© Canvassing of votes © Concurrence of treaties ‘© Impeachment = Gutierrez v HOR; Francisco, Jr. V HOR; Republic v Sereno ‘© Declaration of existence of war ‘© Propose constitutional amendments - 10 Examples of Laws (Rule if Valid or Not Valid - no need to justify) ~ Valid delegation of legislative powers - Grant of emergency powers to president (Dinglasan v Araneta) ‘© Once Congress convenes after national emergency - automatic President must relinquish power to enact laws back to Congress ~ Partylist System (Regional and Local) ‘© BANAT v COMELEC ‘© Atong Paglaum v COMELEC © Sectoral representatives which deal with advocacies = Abang Lingkod (no need of track record; need not be poor but any sector which needs a voice) ~ People's initiative to introduce amendments to Constitution; initiative in local and national legislation - Gerrymandering- uniform progressive ratio (Aquino and Robredo v COMELEC) - Composition of Senate (fixed); Composition of House (variable) - Sema v COMELEC. ‘© (UP) - Uniform Progressive Ratio ~ Legislative Privileges General Principles - Amending Process ~ Distinction of Amendment, Revision, Plebiscite, Referendum ~ Gitizen Suit (Oposa v Factoran) - lis mota - Transparency in matters of public interest - National territory - Defactov Dejure Constitutional Commissions - Autonomy of Three Commissions - facts will be given then answer if commission can seek relief ~ Voting requirements to go to the sc = (SC jurisdiction - COMELEC jurisdiction (ERQ) ~ SET; HRET; PET (jurisdiction) © Valid proclamation © Oath taking ‘© Assumption of office ~ Sec 68 vsSec 78 OFC - Commission on Appointments © Justified disallowance? ‘© Isthe Commission an integral part of Congress? NO (See Pacetev Secretary of Commission on Appointments) - COA- can it check non-partisan activity? YES if there is disbursement of public funds - Prohibitions and disqualifications - conflict of interest