consti 1 notes

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ARTICLE I: National Territory Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea[1], is a belt of coastal waters extending at most twelve nautical miles from the baseline (usually the mean low-water mark) of a 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 through it; this sovereignty also extends to the airspace over and seabed below. The term "territorial waters" is also sometimes used informally to describe any area of water over which a state has jurisdiction, including internal waters, the contiguous zone, the exclusive economic zone and potentially the continental shelf. BASELINE: Normally, the baseline from which the territorial sea is measured is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. This is either the low-water mark closest to the shore, or 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. Straight baselines can alternatively be defined connecting fringing islands along a 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 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, 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 across the bay must also be no more than 24 nautical miles (44 km) in length. INTERNAL WATERS: Waters landward of the baseline are defined as internal 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 waters" within the outermost islands of an archipelagic state such as Indonesia or the Philippines.

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 taken as the median point between the states' baselines, unless the states in question agree otherwise. A state can also choose to claim a smaller territorial sea. Conflicts still occur whenever a coastal nation claims an entire gulf as its territorial waters while other nations only recognize the more restrictive definitions of the UN convention. Two recent conflicts occurred in the Gulf of Sidra where Libya has claimed the entire gulf as its territorial waters and the U.S. has twice enforced freedom of navigation rights (Gulf of Sidra incident (1981), Gulf of Sidra incident (1989)). CONTIGUOUS ZONE: The contiguous zone is a band of water extending from the 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 punishing "infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea". This will typically be 12 nautical 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 contiguous zone. However, unlike the territorial sea there is no standard rule for resolving such conflicts, and the states in question must negotiate their own compromise. The United States invoked a contiguous zone on 24 September 1999.[2] CONTINENTAL SHELF: Article 76[4] gives the legal definition of continental shelf of coastal countries. For the physical geography definition, see the continental shelf page. The continental shelf of a coastal nation extends out to the outer edge of the continental margin but at least 200 nautical miles (370 km) from the baselines of the

CONSTI LAW I ATTY. CANDELARIA

territorial sea if the continental margin does not stretch that far. The outer limit of a country's continental shelf shall not stretch beyond 350 nautical miles (648 km) of the baseline, or beyond 100 nautical miles (185 km) from the 2,500 meter isobath, which 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: a series of lines joining points not more than 60 nautical miles (111 km) apart where the thickness of sedimentary rocks is at least 1% of the height of the continental shelf above the foot of the continental slope; or a series of lines joining points not more than 60 nautical miles apart that is not more than 60 nautical miles from the foot of the continental margin. The foot of the continental slope is determined as the point of maximum change in the gradient at its base. The portion of the continental shelf beyond the 200 nautical mile limit is also known as the extended continental shelf. Countries wishing to delimit their outer continental shelf beyond 200 nautical miles have to submit information on their claim to the Commission on the Limits of the Continental Shelf. The Commission must make recommendations on matters related to the establishment of the outer limits of their continental shelf. The limits established based on these recommendations shall be final and binding. Countries were supposed to lodge their submissions to extend their continental shelf beyond 200 nautical miles within 10 years of UNCLOS coming into force in the country, or by 13 May 2009 for countries where the convention had come into force before 13 May 1999. As of 1 June 2009, 51 submissions have been lodged with the 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 Federation; Brazil; Australia; Ireland; New Zealand; the joint submission by France, Ireland, Spain and the United Kingdom; Norway and Mexico. A coastal nation has control of all resources on or under its continental shelf, living or not, but no control 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 cables or pipelines in its continental shelf. Article II Section 1: Philippines as a democratic and republican State Bacani vs. NACOCO Government Functions: (revised Admin. Code) refers only to government entity through which the function of the government are exercised as an attribute of sovereignty, and in this are included those arms to the government through w/c 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 not include government entities which are given a corporate personality separate and distinct from the government and which are governed by the Corporation law. Their powers, duties and liabilities have to be determined in the light of that law and their corporate charters. ACCFA vs. CUGCO Governmental functions: 1) constituent the very bonds of society and are compulsory 2) ministrant undertaken only by way of advancing the general interest of society; optional. Land reform program governmental function and cannot be undertaken by any private enterprise (no capacity). PVTA vs. CIR Government to provide for general welfare. Government entrusted to be responsible for coping with social and economic problems with commensurate power of control

2 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND

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over economic affairs: live up to commitment of promoting general welfare through state action. Republic vs. Judge of CFI Rizal The rice and Corn Administration is a government agency without a distinct and separate legal personality from that of the Republic of the Philippines. VFP vs. Reyes Public Office the right, authority and duty, created and conferred by law, by which, 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 government, to be exercised by him for the benefit of the public. 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 the government, for the benefit of the public; that some portion of the sovereign function of the country, either legislative, executive or judicial, attaches, for the time being, to be exercised for the public benefit. MIAA vs. CA GOCC a stock or non-stock corporation, vested with functions relating to the public needs whether governmental or proprietary in nature, and owned by the government directly or through its instrumentalities either wholly, or where applicable (for stock corps.), to the extent of at least 51% of its capital stock. (MIAA as a government instrumentality) Instrumentality defined as any agency of the National Government, not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. Ramiscal vs. Sandiganbayan

AFP-RSBS a GOCC and its funds are in the nature of public funds. Sandiganbayan 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 the discretion of the Ombudsman. Alzaga vs. Sandiganbayan The character and operations of the AFP-RSBS are imbued with public interest thus the same is a government entity and its funds are in the nature of public funds. (similar to the GSIS) PSPCA vs. COA GOCCs are subject to the control or supervision of the State (unlike PSPCA). A juridical entity impressed with public interest does not make the entity a public corporation. The true criterion to determine whether a corporation is public or private 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 functions, then that corporation is considered public; otherwise, it is private. Serana vs. Sandiganbayan A UP Student Regent is a public officer. It is not a natural right. It exists, when it 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 incidental to the public office. Delegation of sovereign functions is essential in public office. An investment on an individual of some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public makes one a public officer. The administration of UP is a sovereign function of the State. (Art. XIV) De Jure and De Facto Government Co Kim Cham vs. Valdez Tan Keh


Kinds of de facto government: 1) government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter (like England under the Commonwealth); 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 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 State (like the Southern Confederacy). Distinguishing characteristics of the 2nd kind of de facto government: 1) its existence 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 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 those acts, though not warranted by the laws of the rightful government. Letter of Associate justice Puno 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 change in the government or political system, usually effected with violence or at least some acts of violence; occurs whenever the legal order of a community is nullified and replaced by a new order away not prescribed by the first order itself. The Aquino government was revolutionary government due to the fact that it was 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 ceased to be obeyed by the Filipino. (De Facto Government). People vs. Gozo The Philippines has authority over its entire domain. There is no portion of it that is beyond its power. Within its limits, its decrees are supreme, its commands paramount. Its laws govern therein and apply to all. The extent of its jurisdiction is both territorial and personal. A State may allow another to participate in the exercise of jurisdictional right over certain portions of its territory (auto-limitation) but these areas do not retain an alien character, but remain as native soil. Section 2: International Law and Philippine Municipal Law

Tanada vs. Angara The principles in Art. 2 are not intended to be self-executing principles ready for the 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 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 to be transformed into municipal law. Bayan vs. Zamora 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 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 whatever it particular designation. In international law, there is no difference between treaties and executive agreements in their binding effect upon states concerned, as long as the negotiating functionaries have remained within their powers. In this, jurisdiction, we have recognized the binding effect of executive agreements even without the concurrence of the Senate or Congress. Lim vs. Exec. Sec. A party to a treaty is not allowed to invoke its internal law as justification for its failure to perform a treaty. A treaty is favored over municipal law pursuant to the principle of pacta sunt servanda. Every treaty in force is binding upon the parties to it and must be performed by them in good faith. The VFA gives legitimacy to the Balikatan Exercises. Mijares vs. Ranada There is no obligatory rule derived from treaties or conventions that requires the Philippines to recognize foreign judgments, or allow a procedure for the enforcement thereof. Shagri-La vs. Developers Pharmaceutical vs. Duque III Under the 1987 Constitution, international law can become part of the law of the land


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either by transformation or incorporation. Transformation requires that the international law be transformed into domestic law through a constitutional mechanism such as local legislation. Incorporation applies, when by mere 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 concurrence of 2/3 majority vote of the members of Senate. Section 3: Civilian Supremacy IBP vs. Zamora Orders which resemble the functions of aid by the AFP already present and existent 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. Section 5: Maintenance of Peace and Order Kilosbayan vs. Morato The principles in Article 2 do not embody self-executing constitutional rights, but mere guidelines for legislation and aid for the judiciary. Section 12: Family life, mother, unborn Roe vs. Wade On the basis of the right to privacy, abortion was legalized up to the 6 month of pregnancy. The constitutional provision bars any application of the Roe vs. wade decision in this jurisdiction. Meyer vs. Nebraska 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 education suitable to his station in life. Rights of parents are superior to the State.th

Pierce vs. Society of Sister The fundamental theory of liberty exclude any general power to standardize its children by forcing them to accept instruction from public school teachers only. Wisconsin vs. Yoder Only those interests of the highest order and those not otherwise served can overbalance the primary interest of parents in the religious upbringing of their children. Inherent duty of the state to act as parens patriae (parent of the STATE). Schools may take disciplinary action when: 1. 2. violations of school policies in connection with school sponsored activities misconduct affecting students status or good name or reputation of the school.

Ginsburg vs. New York The knowledge that parental control cannot always be provided and societys transcendent interest in protecting the welfare of the children justify reasonable regulation of the sale of material to them. Section 16: Right to a balanced and healthful ecology Opposa vs. Factoran Intergenerational justice and responsibility: Section 16 one of the few self-executing principles in Article 2. LLDA vs. CA It is a constitutional commonplace that the ordinary requirements of due process yield 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 and animal life: through the exercise of police power. Section 19: Self-reliant and independent national economy Garcia vs. BOI The State shall develop self-reliant and independent national economy effectively controlled by Filipinos. The government must run its affairs the way it deems best for the national interest, without any external influence or control. Tanada vs. Angara Independence refers to freedom from undue foreign control of the national economy especially in such strategic industries as in the development of natural resources and 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 producers. Section 26: Equal access to political opportunities and political dynasties Pamatong vs. Comelec There is no constitutional right to run for or hold public office and, particularly, to 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 the limitations are meant to be borne be any one who is minded to file a certificate of candidacy. Article VI Powers of Congress: plenary: article XVI authorizes Congress to pass law to change name of country, national anthem or national flag; subject to ratification by the people. VALID DELEGATION Legislative/ Law making Legislative Executive

Law

Implementing Rules and Regulations

Law-making Rule-making Principle of non-delegability of Legislative Power People v. Rosenthal Blue Sky Law The executive has the power of subordinate legislation, insofar as it interprets the laws were it is based, and not going beyond and enacting laws. Moreover, this enhances convenience and promotes specialization through the administrative bodies. Substantive shares- under insular treasurer Not undue delegation: standard of public interest Delegation to be made: sufficient standard to define rules and regulations Laws constitutional basis: 1. Public purpose 2. Reasonableness of means Araneta vs. Gatmaitan EO 22, 66 and 88 The legislature has the discretion to what the law should be while the executive has the authority or discretion to the execution of such laws, provided that the execution be exercised under and in pursuance of the law. Any fishing net or fishing device Protect fish fry and fish eggs (under fisheries law) Fish trawl destroys fish fry and fish eggs and comes under Any fishing net or fishing device People vs. Maceren 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 regulations and the imposition of the penalty provided for in the law itself. An


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administrative agency cannot amend an act of Congress. obnoxious and poisonous substance under fisheries law prohibited Fisheries Administrative 84 Prohibits electro fishing (created by sec. of Agriculture and Natural resources, and Commissioner of Fisheries) Penalizes something that is not included in the law that created it (fisheries law) Test of completeness and Sufficient standard test Ad. 84 goes beyond the fisheries law: added the criminalization of electro fishing

Standard Public Safety Vienna Convention for Road Signs and Signals Free Telephone Workers vs. Min. of labor What cannot be delegated is the authority under the Constitution to make laws and to alter and repeal them; the test is the completeness of the statute in all its term and 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 involves a discretion as to what it shall be (law-making powers of the Congress) and (2) delegation of authority as to its execution to be exercised under and in pursuance of the law (law-execution powers of administrative bodies). This principle of nondelegation is in response to the complexities of modern governments giving rise to the adoption, within certain limits, of the principle of subordinate legislation. Min of Labor resolve labor disputes -> compulsory arbitration of NLRC Eastern Shipping vs. POEA With the proliferation of specialized activities and their attendant of peculiar problems, the national legislature has found it more necessary to entrust to administrative agencies the authority to issue rules to carry out the general provisions of the statute. This is called the power of subordinate legislation. Memorandum Circular No. 2 implementation Standard: fair and equitable employment practice No contract bet employer and employee POEA to protect the employee Tablarin vs. Gutierrez With the growing complexities of modern life, the multiplication of the subjects of governmental regulation, and the increased difficulty of administering the laws, there is a constantly growing tendency toward the delegation of greater power by the

Agustin vs. Edu 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 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 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 legislative purpose may be carried out. Thereafter, the executive or administrative office designated may in pursuance of the above guidelines promulgate supplemental 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 spelled out specifically. It could be implied from the policy and purpose of the act considered as a whole. In the Reflector Law, clearly the legislative objective is public safety. EWD LOI 229 and 479 Memorandum Circular No. 32


legislature, and toward the approval of the practice by the courts. As regards the issue of failing to establish the necessary standards, the court believes that standards have indeed been set, as can be found in Section 1 of the 1959 Medical Act: the standardization and regulation of medical education. RA 2382 created the Board of Medical Education Standard: standardization and regulation of the Medical education: power to determine and prescribe requirements for the admission into Med schools Order 52: creation of NMAT for standardization Guingona v. Carague 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. The power to make laws and to alter and repeal them CANNOT be delegated. 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 delegate to do when it reaches him except to execute and enforce it. Budget Appropriation books of treasury determine the appropriation for debt Total amount of debt along with interests and other fees standard to be used Conference vs. POEA POEA Resolution to increase seamen compensation and benefits Osmena vs. Orbos For a valid delegation of power, it is essential that the law delegating the power must be (1) Complete in itself, that it must set forth the policy to be executed by the delegate and (2) It must fix a standardlimits of which are sufficiently determinate or determinableto which the delegate must conform. The standard of legislative delegation must be express or implied. If the former, the

non-delegation objection is easily met. The standard though does not have to be spelled out specifically. It could be implied from the policy and purpose of the act considered as a whole. What the law intended was to permit the additional imposts for as long as there exists a need to protect the general public and the petroleum industry from the adverse consequences of pump rate fluctuations. OPSF Created by Marcos reimburse oil companies of the changes in the price to stabilize prices for consumers Oil Producers -> Market forces change prices -> imported to Philippines Viola vs. Alunan Local Government Code provides National Liga authority to create positions, as it may deem necessary. Fernandez v. Sto Tomas Authority to reorganize civil service commission Standard: decentralization for efficiency and responsiveness in the management of the agencies Not create and abolish but to reorganize: revised administrative code Chiongbian v. Orbos RA 6734 ARMM plebiscite: 4 provinces for creation of autonomous region President given power to merge the remaining regions: sufficient standard: efficient administration implied in another law Rodrigo vs. Sandiganbayan DBM given authority to fill in the details of the salary grade, classification Not undue delegation: standards given Abakada v. Ermita


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Vat 10% to 12%, following certain criteria 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 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 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 by the President. The court cited Wayman vs. Southward: The power to ascertain 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 of law The ground for this that legislature has determined that under given 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 administration is not legislative determination of what public policy demands but 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. Beltran v. Sec. of Health RA 7719 Voluntary Blood Donation and regulate blood banks 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 to the attainment of such objectives. in this regard the interests of the owners/operators of the CBBs must give way to the higher interest of the people. Bayan v. Ermita BP No. 880 permits for rallies: issued by the Mayor, clear and present danger standard for issuance The delegation to the mayors of the power to issue rally permits is valid because it is subject to the constitutionally-sound clear and present danger standard.

Gerochi vs. DOE Constitutionality of EPIRA and Universal Charge Undue Delegation Power of tax: UC not a tax but exercise of Police power Complete: amount of universal charge is based on guidelines provided in EPIRA Sufficient Standard: total electrification, viability of power industry, electricity made affordable ABAKADA vs. Purisima BIR and BOC: system of rewards and sanctions Revenue targets given by DBCC; employees covered by the civil service commission and contracts of the employees UNDUE DELEGATION People vs. Vera Probation Act will only be applied to provinces which provide salaries for probation officers Not complete in itself w/n having probation officers under discretion of the provincial board Not sufficient standard arbitrary standard given People vs. Barrias The penalty must not be left to the administrative agency, but must be provided by statute. People vs. Panlilio


Act No. 1760 not criminalizing act May be charged under other law: Penal Code People vs. Dacuycuy Law imposes fine, but no terms of imprisonment Minimum, medium and maximum sentence depending on the circumstances of the crime (mitigating, etc.) Judge given legal discretion - circumstances in the crime = penalty to be imposed Act 296 less than 3000.00 php Cebu Oxygen vs. Drilon RA 6470 increasing minimum wage = implementing rules Ynot vs. Intermediate Appellate Court EO 626 A: prohibition on inter-province transport of carabao and cara-beef. as may deem necessary gives legislative power to officers: arbitrary Implementing rules cannot add or detract from the provisions of law it designed to implement. Pharmaceutical and Health Care Assoc. vs. Duque III EO No. 51 (Milk Code) legislative power under freedom consti: Pres. Aquino WHO promote the use of breastmilk; Milk Code promote the use of breastmilk; DOH International law Soft Law and hard Law: WHO soft law, regulation: has to be enacted into local regulation before it becomes binding There was a defect RIRR invalidated: provided a ban on advertisement on milk substitutes, but the law, does not provide for a total ban, only the international law was followed

International soft law must first be enacted into a local regulation before it can be followed by any agency Milk Code provides the local enactment of the soft law and it is what should have been followed ABAKADA vs. Purisima BIR and BOC System of rewards RA 9335, section 12: creation of the Joint Congressional Oversight Committee for approval of IRR of the RA. 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. Tatad vs. Sec of DOE RA 8180 Deregulating the Downstream Oil Industry 2 phases: trasition Full deregulation: implementation should be based on two criteria: 1. 2. global oil prices decline US-Peso exchange rate stable

EO 372 implemented full deregulation adding additional criteria: depletion of 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 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 sufficient standard test. Congress: Senate and House of Representatives HoR: 2 ways to run: (3 year term, 3 consecutive terms) = 250 members unless otherwise provided by law 1. District representative natural-born, at least 25 years old, read and write, registered voter of the district, resident of same district at least one


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year preceding the day of the election 2. Party-list representative 7. 8.

section 9 RA 7941 Nominee must belong to the marginalized and underrepresented sector Nominee must be able to contribute to the formulation of legislation

Senate: term of 6 years, re-election for 2 consecutive terms only Election: 6 years for first 12, 3 years for latter 12 = 24 members Section 5: Composition of the HoR = 80% district representatives + 20% party-list representatives Barangay vs. COMELEC Standards for apportioning seats for Party-list Representatives 20% composition : merely a ceiling, not mandatory to fill in all seats: merely reserved for PLR Ang Bagong Bayani vs. COMELEC Characteristics of a party-list: (guideline for COMELEC) 1. 2. must represent the marginalized and underrepresented groups must comply with declared statutory policy of enabling Filipinos belonging to marginalized and underrepresented sectors be elected in the HoR. Must not represent a religious sect Must not be disqualified under section 6 of RA 7941 Party or org must not be an adjunct of or a project organized by the government Party must comply with requirements, as well as its nominees under

AKLAT vs. COMELEC AKLAT re-disqualified: did not meet qualifications mentioned in the bagong bayani case Tobias vs. Abalos RA 7675: Mandaluyong into an urbanized city: create own legislative district and a new legislative district of San Juan: reapportionment Gerrymandering creation of a new legislative district to increase possible number of voters for elections, contrary to the guideline of contiguous, compact and adjacent territory. Consti one province at least on representative Not gerrymandering rep who issued RA will actually be made to lose part of his district: contiguous, compact and adjacent territory Mariano vs. COMELEC RA 7854: Municipality of Makati into a highly urbanized city Valid: reapportionment thru special law: duty of congress to reapportion Criteria: population (250,000) and, income or area Samson vs. Aguirre RA 8583: Novaliches as a city: certification as to income, population and area not

3. 4. 5. 6.


fatal: statements of NSO, Bureau of Local Government Finance, and Land Montejo vs. COMELEC COMELC res. No 2736: change legislative district of Capoocan and Palompon: COMELEC only to make minor adjustments Legislative district can only be apportioned by legislative i.e. congress Herrera vs. COMELEC Province of Guimaras made into 4th class province Districting based on number of inhabitants: not reapportionment: can be undertaken by COMELEC (districting) Sema vs. COMELEC RLA RA 9054: power to create province, cities, etc. Creation of the province of Shariff Kabunsan: the power to create provinces inherently involves the power to create legislative districts. However, under the present Constitution, the power to increase the allowable membership in the House of Representatives, as well as the power to reapportion legislative districts, is vested exclusively in Congress (by virtue of Sections 5, (1), (3) and (4) of Article 6). This 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 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 regional or local legislative bodies to create or reapportion legislative districts for a national legislature like Congress. An inferior legislative body, created by a superior legislative body, cannot change the membership of the superior legislative body. Bagabuyo vs. COMELEC Legislative apportionment representation in the HoR Reapportionment is brought about by changes in population and mandated by the constitutional requirement of equal representation. Hence, emphasis is given to the number of people represented; the uniform and progressive ratio to be observed

among the representative districts; and accessibility and commonality of interests in terms of each district being, as far as practicable, continuous, compact and adjacent territory. In terms of the people represented, every city with at least 250,000 people and every province (irrespective of population) is entitled to one representative. Section 6 Bengson vs. COMELEC Repatriation oath of allegiance, which reinstates previous status as a Filipino: natural-born in Tarlac Aquino vs. COMELEC Domicile physical residence, and intention to return there permanently. Less than one year residency prior to date of elections; lease of a house not 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, 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. Marcos vs. COMELEC Criteria for the abandonment of domicile: actual removal or change in domicile bona fide intention of abandoning and establishing new one acts which correspond to the purpose absence of which would continue the domicile of origin Domino vs. COMELEC Lease of house not indicative of intent of permanence Perez vs. COMELEC


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Domicile- the place where a party actually of constructively has his permanent home, where he, no matter where he may be found at any given time, eventually intends to return and remain The fact that a person registered as a voter in one district is not proof of his domicile in the said district. Petitioner ran for governor of the province previously SJS vs. COMELEC COMELEC resolution additional qualification of a candidate for senate: unconstitutional as it violates the explicit qualifications in the consti Section 7: term of representatives Dimaporo vs. Mitra, Jr. BP Blg. 881 forfeiture or voluntary giving up of ones tenure, due to the act of filing of certificate of candidacy. Term legally mandated Tenure actual time Forfeiture, expulsion, voluntary renunciation Section 9: Filling-in Vacancies Lucero vs. COMELEC Failure of elections = special elections Tolentino vs. COMELEC 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, special election will be held simultaneously with the next regular elections. Special elections can coincide with regular elections Ocampo vs. HRET 2nd placer cannot take the place of a disqualified first placer Salaries The salaries of members of the Senate is governed by Article VI of the Constitution as follows: 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 the expiration of the full term of all the members of the Senate and the House of Representatives approving such increase. Sec. 20. The records and books of accounts of Congress shall be preserved and be 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 and expenses incurred for each Member. It must be noted that in accordance with the above provisions, there is no prohibition 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 of the Old Congress in allotting themselves fabulous allowances the amount of which 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 audited by the Commission on Audit. Moreover, every member of Congress itemized expenditures, including allowances, shall be published annually for the information of the people. It is interesting to note that the Constitution in Section 17, Article XVIII, provides the


corresponding salaries of Senators, to wit: 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 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 Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional Commissions, two hundred four thousand pesos each; and the Members of the Constitutional Commissions, one hundred eighty thousand pesos each. 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 President, on the other hand, is raised to salary grade 34 with a monthly basic salary of P40,000.00. Section 11: Immunity of arrest punishable by more than six years imprisonment; while congress is in session 4 Monday of july (SONA) and ends 30 days before the next session (compulsory recess), with small recesses in between. People vs. Jalosjos Conviction of more than 6 years imprisonment immunity not applicable Elected by constituents even though he was already convicted. Trillanes vs. Pimentel No person charged by capital offense or offense punishable by reclusion perpetua shall be admitted to bail when evidence of guilt is strong. Capacity to carry out his duties while in prison. Jimenez vs. Cabangbang Libelous letter: not in the exercise of his duties Though, it was not libelous against the petitioners, only alleges that they wereth

unwitting tools, not that they were the planners themselves. Part of communicative and deliverative process Puyat vs. De Guzman IPI elections = puyat group vs. acero group = SEC case Fernandez intervention circumstances show that there is indirect appearance as counsel before administrative body Santiago vs. Guingona Minority vs. majority = must be understood in ordinary terms Avelino vs Cuenco Adjournment -> proclamation of new senate president and session continued with only 12 members present Quorum majority of the house instead of majority of all the members of the house 12 members out of 23 is majority of the house = based on the number of those present People vs. jalosjos Compulsion to attend: jalosjos saying that he could be persuaded for being unable to attend session: not reason for release Absence is for a valid reason: being detained Arroyo vs. De Venecia RA 8240 passed in congress not in accordance with house rules: arroyo still had questions regarding the bill but it was still passed: no calling of the yeas and nays. Internal rules violated not in court jurisdiction only the house can determine its rules and punish its members


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Osmena vs. Pendatun Privilege speech accusing Pres. Garcia of bribery -> house comitte to investigate -> House resolution # 175 declaring him guilty of disorderly behavior and suspension for 15 months Although exempt from prosecution or civil action for words uttered in congress, members may be questioned in CONGRESS ITSELF. Disorderly behavior the house has exclusive power and the court has none. Santiago vs. Sandiganbayan Santiago charged with graft and corruption for allowing aliens to stay in Phils. Suspended by sandiganbayan pending criminal case: not punishment for disorderly behavior, but preliminary preventive measure for graft and corrupt act. US vs. Pons Pons charged under Act 2381 anti-opium importation Act 2381 said to have been passed after last day of session: according to the journals, clock was stopped at 12 midnight: law passed valid = journal prevails over extraneous evidence Casco vs Gimenez Urea and formaldehyde vs urea formaldehyde (as written in the law passed) Wording of the law urea formaldehyde: error in the printing Between the journals and the enrolled bill: enrolled bill prevails Morrales vs. Subido

Enrolled bill over journal Astorga vs. Villegas Due to the circumstances in the case, the court looked into the Senate journals. = amendments made but not included in the bill signed by the president Senate president and Chief Executive: had already withdrawn their signatures: invalidates the law Phil. Judges vs. Prado Franking privileges of judiciary Enrolled bill clear, no need to look into journals 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 ABAKADA vs. Ermita Enrolled bill to be followed as it was the one approved by both houses and by the president. SECTION 17: Senate and House Representatives Electoral Tribunal Election Contest - statutory contests in which the contestant seeks not only to oust the intruder, but also to have himself inducted into the office. Pre-proclamation contests - any question pertaining to or affecting the proceedings of the board of canvassers in relation to the preparation, transmission, receipt, custody and appreciation of the election returns. Angara vs. Electoral Commission


Prescription given by Electoral commission has sole jurisdiction over election returns and qualifications of its members Vera vs. Avelino Deferment of oath-taking not election contest Oath-taking- makes one a members of the legislature: under jurisdiction of the Electoral tribunal Chavez vs. COMELEC Pre-proclamation cases not allowed for president, vp, senators and members of HoR Aquino vs COMELEC Electoral tribunal does not assume jurisdiction until the winning candidate has been proclaimed and has taken his oath of office 2nd placer cannot take the place of the winning candidate Perez vs. COMELEC COMELEC no longer has jurisdiction as perez was already proclaimed. Garcia vs HRET HRET acted according to its own rules, no grave abuse of discretion resulting in lack/excess of jurisdiction. Rasul vs. COMELEC HRET exclusivity in jurisdiction over election contests relating to its own members. Guerrero vs. COMELEC Villarosa vs. HRET Initials not to be used, only one nickname per candidate: not known as Girlie: JTV initials of her husband

Aggabao vs COMELEC Barbers vs. COMELEC Roces vs. HRET Electoral tribunals: 3 justices appointed by Chief Justice, 6 from members of Senate or the HoR Abbas vs SET Electoral tribunal must always be composed of legislative members: for every 2 legislators only one justice. Pimentel vs. HRET Party-list reps in HoR did not elect a member to the HRET Bondoc vs. Pineda HRET must be non-partisan: must not alter composition of the HRET. Robles vs. HRET Motion to withdraw does not end tribunals jurisdiction Arroyo vs. HRET NON-TRADITIONAL PROCESS OF PRECINCT-LEVEL DOCUMENT-BASED 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 registration of voters. (not the best form of evidence) Lerias vs. HRET Original copy of the certificates of canvass should be the best evidence Sandoval vs. HRET Substitute service exhaust all means of locating recipient,


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Section 18: Commission on Appointment Daza vs. Singson Shift in representation of LDP party = reapportionment of the Commission on Appointment Must be based on proportional representation, political party must be permanent Coseteng vs. Mitra 2 seats per appointment into commission Guingona vs. Gonzales Cannot reduce the number of seats of a party in favor of another. 12 member Commission not mandatory, what is mandatory is the proportional representation Section 21 legislative investigations Negros vs. sanguniang Panlungsod Power of inquiry for the legislative only, not delegated Bengzon vs. Senate Blue Ribbon Committee Power of inquiry to be exercised only for legislative purposes Senate vs. Ermita Question hour vs. power of inquiry Gudani vs. Senga

Commander-in-chief powers may limit power of inquiry of congress Standard vs. Senate Compel to attend in aid of legislation Neri vs. Senate Executive privilege: 2 kinds: presidential communications (between president and executive official) and deliberative process (between executive officials only) Garci vs House Senate inquiry must be deferred until publication of the Senate rules has been complied with. Section 22: Question Hour Voluntary with consent of the President, or upon the request of the house For oversight functions

Arnault vs Nazareno The materiality of the question must be determined by its direct relation to the subject of the inquiry and not by its inherent relation to any possible or proposed legislation. (Answer might be the basis if the subject is to be made the subject of legislation.) Senate continuing power of investigation terminates at the end of session; may be taken up again at the next session. Sabio vs. Gordon Senate vs Ermita Question hour vs. in aid of legislation: can only be limited by PRESIDENTIAL


communication privilege Executive: with presidential consent vs. anyone Remedy: Sec 21: habeas corpus petition vs. sec 22: questions to be submitted beforehand and executive session Section 23: congress sole power to declare the existence of a state of war, but may by law authorize president for a limited time, to exercise powers necessary and to carry out a declared national policy. Lawless violence, invasion or rebellion either suspend writ of habeas corpus or declare martial law. In line with David vs. Arroyo gr. no. 171396 (re BP 1070) Section 24: origin of money bills, private bills and local application Appropriations specific sum of money appropriated for departments for the performance of their functions Revenue bills raising taxes Tariff bills raises revenue from importation and exportation of goods Bills authorizing increase of public debt Bills of local application in relation to provinces, cities and municipalities, ex. Change municipality into a city Private bills ex. Reacquisition of citizenship Tolentino vs. Sec of Finance It is the bill that has to originate from the HoR, not the law itself. HoR and Senate equal = has power to propose amendment, even through substitution. originate exclusively from the HoR, but Senate may propose and concur with amendments.

Alvarez vs Guingona The filing in the Senate of a substitute bill in anticipation of its receipt of the Bill of the House, does not contravene the constitutional requirement that a bill of local application should originate from the House of Representatives, for as long as the Senate does not act thereupon until it receives the House Bill. Presentations on (3 area- 3 groups) Constitutional commissions on COMELEC: Civil Service and COA Southern Cross vs Philcemcor Bill is a tariff bill for a particular purpose Pascual vs Sec. of Public Works 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 their aid by the use public money. Section 25 Rules on Appropriation Brillantes vs COMELEC Electronic quick count (Phase III) not included in the GAA Appropriation in the GAA for modernization of Election system; not for quick count Guingona vs Carague Appropriation there must be a fixed amount: valid if it only needs to be computed Garcia vs. Mata 3rd law should have applied, but applicable provision was invalidated due to its insertion in the Appropirations Act. Atitiw vs Zamora


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In order that a provision or clause in a general appropriations bill may comply with the test of germaneness, it must be particular, unambiguous, and appropriate. Particular if it relates specifically to a distinct item or appropriation in the bill and does not refer generally to the entire appropriations bill Unambiguous when its application or operation is apparent on the face of the bill and it does not necessitate reference to details or sources outside the appropriations bill Appropriate when its subject matter does not necessarily have to be treated in a separate legislation. Farinas vs Executive Secretary Difference between elective and appointed officials. Demetria vs Allba The president cannot indiscriminately transfer funds without regard as to whether or not the funds to be transferred are actually savings in the item from which the same are to be taken, or whether or not the transfer is for the purpose of augmenting the item to which said transfer is to be made. Liga vs. COMELEC Philconsa vs Enriquez Chief of Staff cannot be delegated power to augment: only for those enumerated in the constitution. Sanchez vs COA 2 requisites for augmentation: 1) Actual savings; and, 2) there is an existing item to be augmented.

Deputy Executive Secretary of DILG no power to augment: only president, senate president, speaker of the House, Chief Justice, and heads of Constitutional Commissions Section 26: Subject and title of bills General prohibition on riders Cordero vs. Cabatuando The constitutional requirement (one title one bill rule) is satisfied if all parts of the law related to, and are germane to the subject matter expressed in the title of the Bill. It is sufficient of the title is comprehensive enough reasonably to include the general object which the statute seeks to effect, without expressing each and every end and means necessary or convenient for the accomplishment of the object. Philconsa vs Gimenez It has been the general disposition of the court that the constitutional provision involving the one title one subject rule should be construed liberally, in favor of the validity of the statute. The purpose of this rule is to: 1. 2. prevent fraud or surprise in the legislature fairly appraise the people, through such publication of legislation that are being considered, in order that they may have the opportunity of being heard thereon by petition or otherwise, if they shall so desire.

The requirement that the subject of the act shall be expressed in its title is not a mere rule of legislative procedure; it is MANDATORY. It is the duty of the court to declare void any statute not conforming to the constitutional provision. Alalayan vs NPC If the object of the law is to amend a previous legislation, it will suffice if the title


gives reference to the amended law. Insular lumber vs CTA The primary purpose of the one subject-one title rule is to prohibit duplicity of 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 presumption fails its validity Where there is doubt as to the insufficiency of either the title or the Act, the legislation should be sustained. Tio vs Videogram Regulatory Board Art. VI, Sec. 26 is sufficiently complied with if the title is comprehensive enough to include the general purpose to which a statute seeks to achieve. It is satisfied if all the parts of the statue are related to, and are germane to the subject expressed in the title, or as long as they are not inconsistent with and foreign to the general subject and title. PRACTICAL rather than TECHNICAL construction. Phil. Judges vs Prado The title need not be an index of the body of the act, or be comprehensive as to cover every single detail of the measure. It need only that all provisions in said act should be germane to the subject thereof. Tobias vs Abalos A liberal construction of the one title-one subject rule has been invariably adopted by the court so as not to impede or cripple legislation. Tatad vs DOE The title of a law need not mirror or fully index or catalogue all the contents or provisions of the said law. De Guzman vs COMELEC Purpose of section 26: 1) prevent hodge-podge or log-rolling legislation; 2) to prevent 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 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 being considered, in order that they may have opportunity of being heard thereon by petition or otherwise if they so desire. Section 26 is said to have been complied with if the title is comprehensive enough to embrace the general to embrace the general objective it seeks to achieve: presumption is in favor of validity. Cawaling vs COMELEC 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). Section 27: Procedure in Law-making Arroyo vs De Venecia No rule of the House of Representatives has been cited which specifically requires that in case involving the approval of a conference committee report, the Chair must restate the motion and conduct a viva voce or nominal voting. 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 and third readings of the bills; 2) at the request of 1/5 of the members present; and, 3) in repassing a bill over the veto of the president. Abakada vs Ermita 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 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 amendment in the nature of a substitute, so long as such amendment is germane to the subject of the bills before the committee. Bicameral conference committees have power to introduce amendments. No amendment rule pertains only to the procedure to be followed by each house of the


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Congress with regard to bills initiated in each of said respective Houses, before said bill is transmitted to the other house for its concurrence or amendment. Commissioner of Internal Revenue vs CTA An item in a revenue bill doesnt refer to an entire section imposing a particular kind of tax, but rather to the subject of the tax and the tax rate. To construe item as referring to the whole section, would tie the presidents hand in choosing either to approve the whole section at the expense of also approving a provision therein which he deems unacceptable or veto the entire section at the expense of foregoing the collection of the kind of tax altogether. In Appropriation bills, the president may exercise item-veto. Gonzalez vs Macaraig 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 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 provision of law, which happens to be put into an appropriation bill. Inappropriate provisions should be treated as items subject to the veto power of the president. To determine if a provision is an inappropriate provision: test of appropriateness It is not enough that a provision be related to the institution or agency to which funds are appropriated. Conditions and limitations properly included in an appropriation bill 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 in the real sense of the term, not some matter which are more appropriately dealt with in a separate legislation. Bengzon vs Drilon

The act of the Executive in vetoing particular provisions is an exercise of a constitutionally vested power. But the veto power is not absolute. Only particular items may be vetoed. The president cannot set aside or reverse a final and executory judgment of the court through the exercise of the veto power, nor can she enact or amend statutes promulgated by her predecessors, much less to repeal existing laws. Philconsa vs Enriquez Where the veto is claimed to have been made without or in excess of the authority vested in the President, the issue of an impermissible intrusion of the Executive into the Legislative domain arises. Section 28: Taxation Planters vs Fertiphil 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 tax law is only a mask to exact funds from the public when its true intent is to give undue benefit and advantage to a private enterprise, the law will not satisfy the requirement of public purpose. The purpose of the law is evident from its text or inferable from other secondary sources. CIR vs Lingayen A tax is uniform when it operates with the same force and effect in every place where the subject of it is found. Uniformity means that all property belonging to the same class shall be taxed alike. (Follows requisites for a valid classification). Tolentino vs Sec. of Finance Tax exemption based on valid classification (?) Tan vs. Del Rosario


Uniformity of taxation follows valid classification between individuals and corporations: 1) the standards that are used therefore are substantial and not arbitrary 2) the categorization is germane to achieve the legislative purpose 3) the law applies, all things being equal, to both present and future conditions 4) the classification applies equally well to all those belonging to the same class. Under the tax system, the trend is to treat different things differently. CIRvsCA All subjects or objects similar must be equally taxed, or put on equal footing both in privileges and liabilities; no exemptions. All taxable articles or kinds of property of the same class must be taxed at the same rate and the tax must operate with the same force and effect in every place where the subject may be found. Abra Valley College vs Aquino The exemption in favor of property used exclusively for charitable or educational purposes is not limited to property actually indispensable therefore, but extends to facilities that are incidental to and reasonably necessary for the accomplishment of said purpose, such as in the case of hospitals, a school for training nurses, a nurses home, property used to provide housing facilities for interns, doctors, superintendents, and other members of the hospital staff, etc. The exemption extends to facilities which are incidental to and reasonably necessary for the accomplishment of the main purpose of the charitable or educational (or religious) institution. The test of exemption is the use of the property for purposes mentioned in the constitution. Bayan vs Zamora

John Hay vs Lim Since only Congress can pass tax laws, it follows that only Congress can provide tax exemptions, through the passage of legislation. Southern Cement vs Philcemcor The power of taxation by nature and by command of the fundamental law is a preserve of the legislature. 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 limitations imposed by Congress take on the mantle of a constitutional command, which the executive branch is obliged to observe. Lung Center vs QC To determine whether an enterprise is a charitable institution/entity or not, the elements which should be considered include the statutes creating the enterprise, its corporate purpose, its constitution and by-laws, the methods of administration, the 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 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 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 an enterprise is charitable or not is whether it exists to carry out a purpose recognized in law as charitable or whether it is maintained for gain, profit or private advantage. A charitable institution does not lose its character as such and its exemptions from taxes simply because it derives income from paying patients, or receivables from the 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 inures to the private benefit of the persons managing or operating the institution. Abakada vs Ermita The power of tax cannot be delegated, but the details as to the enforcement and


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administration of an exercise of such power may be left to the executive, including the power to determine the existence of facts which its operation depends, the rationale 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 constitution does not require that Congress find for itself every fact upon which it desires to base legislative action or that it make for itself detailed determinations which it has declared to be prerequisite to application of legislative policy to particular facts and circumstances impossible for Congress itself to properly investigate. Congress may delegate to the President the power to increase a tax, dependent on a certain set of facts, upon the completion of which the president may carry out the delegated power. Spouses Constantino vs Cuisia The Congress can delegate to the cabinet Secretary (i.e. Secretary of Finance), in his capacity as the alter ego of the president, to carry out the authority vested on the Chief Executive under Section 28. Republic vs City of Kidapawan Tax exemption cannot be granted without the concurrence of the majority of the members of congress, and may only be done through the passage of legislation. Only congress can provide for tax exemptions, as it is the only branch that has power to tax. Section 29: Restrictions on the Use of Public Funds Pascual vs Secretary of Public Works MIAA vs Mabunay Legislative may delegate to the agency the power to provide for the means of obtaining object of an appropriation but such act cannot go beyond statutes.

Public bidding has been a practice, which is the accepted method of arriving at a fair price and prevents favoritism and overpricing. Guingona vs Carague Constitution does not require exact, specific appropriation made by law. COMELEC vs. Quijano No money shall be paid out of the treasury except in pursuance of an appropriation made by law. Appropriation must first be made prior to the bidding and creation of contracts, so as to provide for a guideline regarding the amount that can be used for the specific enterprise. Gaston vs Republic Planters Bank Taxes levied for a specific purpose are considered to be special funds, which is an exercise of the police power of the state. Once the specific purpose is accomplished or abandoned, the funds become and are transferred to the general funds of the state. Revenues collected are to be treated as a special fund, to be administered in trust for the purpose intended. Osmena vs. Orbos Money named as tax but actually collected in the exercise of the police power of the state may be placed in a special trust account. Section 30: Appellate Jurisdiction of the Supreme Court First Lepanto Ceramics vs CA The provision is intended to give the SC a measure of control over cases placed under its appellate jurisdiction.


Diaz vs CA Fabian vs Disierto A law is invalid when it increases the appellate jurisdiction of the court without its advice. Villavert vs Desierto Tirol vs COA Cabrera vs Lapid Section 31: Titles of Royalty and Nobility Section 32: Initiative and Referendum SBMA vs COMELEC Defensor-Santiago vs COMELEC Lambino vs COMELEC Article VII Section 1 Executive Power Constitutional power granted to the President to enforce laws Includes rule-making power: implementation and enforcement of laws passed

Marcos vs Manglapus The powers of the president are not limited to those enumerated in the constitution: residual powers 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 and welfare, health, etc. general power to faithfully execute the laws

express powers of the president those enumerated in the constitution residual powers anything not expressly provided in the Constitution, article VI Laurel vs. Garcia Power to enter into contracts except for property under public dominion Djumantan vs. Domingo Right of every state to regulate the entry of persons into their country: deportation part of executive power Chavez vs. PCGG Pontejos vs. OMB State witness will not be charged with criminal prosecution. US vs. Nixon General claim of executive privilege is not absolute nor unqualified; in a situation when a persons 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 Presidential communication privilege

Philconsa vs Enriquez Webb vs De Leon The prosecution of crimes pertains to the executive department, whose principal power and reasonability is to see that our laws are faithfully executed. Determining probable cause executive in character


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Elements: Protected communication must relate to a quintessential and non-delegable presidential power Must be authored or solicited and received by a close advisor of the President of the President himself Remains a qualified privilege that may be overcome by a showing of adequate need. AKBAYAN vs. Aquino Soliven vs. Makasiar President may waive immunity from suit. The only person who can invoke immunity is the president himself. Harlow vs. Fitzgerald Qualified Immunity or good faith immunity may be use by an official. A official would be qualifiedly immune if he (1) does not know that the action taken in his sphere of responsibility would violate the constitutional rights of the victim. (2) did not act with malicious intent. Govt officials performing discretionary functions generally are shieled from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights a reasonable person would have known. Clinton vs. Jones The President of the United States is entitled to absolute immunity from damages liability predicated on official acts. Some public servants are granted immunity from suits for money damages arising out of their official acts so as to enable them to perform their designated functions effectively without fear that a particular decision may give rise to personal liability. The societal interest in providing such public

officials with the maximum ability to deal fearlessly and impartially with the public at large as an acceptable justification for official immunity. The point of immunity for such officials is to forestall an atmosphere of intimidation that would conflict with their resolve to perform their designated function in a principled fashion. However, as 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 function performed, not the identity of the actor who performed. Gloria vs. CA Immunity from suit for the president, not for cabinet members. Estrada vs. Disierto Though incumbent presidents are immune from suit DURING their tenure, this immunity does not extend BEYOND their tenure. Additionally, the charges filed against Erap are criminal in nature, and the SC cannot wrap him in post-tenure immunity from liability. It would then circumvent the general application of laws to him. David vs. Arroyo The President, during his tenure of office or actual incumbency, may not be sued in any civil or criminal case, and there is no need to provide for it in the Constituion or 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 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. Unlike the legislative and judicial branch, only one constitutes the executive branch and anything which impairs his usefulness in the discharge of the many great and important duties imposed upon him by the Constitution necessarily impairs the operation of the Government. However, this does not mean that the President is not accountable to anyone. Like any other official, he remains accountable to the people but he may be removed from office only in the mode provided by law and that is by IMPEACHMENT.


Constantino vs. Cuisia The President of the Philippines is the Executive of the Government of the Philippines, and no other. The heads of the executive departments occupy politicalPresident Qualify Pres . VP fails to Not Chosen Pres. VP Both Death/Disability Pres. VP Pres. Nominates VP from members of Congress upon confirmation by majority vote of all members of both houses Both

Canvassing of votes for President and VP is the tack of Congress. It cannot be undertaken by the Comelec, even in the disguise of being unofficial. Pimentel vs. Joint Committee 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, unlike its legislative funcstions, which end along with the adjournment of its sessions. Lopez vs. Senate

Both

VP acts as Pres.

No succe ssion

Senate Pres,/Spe aker of HoR (until one qualifies) acting pres.

VP as actin g Pres.

No success ion

Senate Pres. Or Speake r of HoR

VP as Pres.

Senate Pres./S peaker of HoR

The constitution provides that Congress has the power to promulgate its rules concerning the canvassing of votes for the presidency and VP. Defensor-santiago vs. Ramos Section 7: Start of Term as of noon June 30

positions and hold office in an advisory capacity, and, in the language of Thomas Jefferson, "should be of the President's bosom confidence", and, in the language of Attorney-General Cushing, "are subject to the direction of the President." Without minimizing the importance of the heads of the various departments, their personality is in reality but the projection of that of the President. Stated otherwise, and as forcibly characterized by Chief Justice Taft of the Supreme Court of the United States, "each head of a department is, and must be, the President's alter ego in the matters of that department where the President is required by law to exercise authority". Section 4: Election of President and VP Anson-Roa vs. Arroyo GMA was not elected: she assumed presidency after resignation of Estrada. Thus, there is no bar from running for presidency as she is not covered by the phrase: run for any reelection. Brillantes vs. Comelec

Tecson vs. Lim 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 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 before the elections are held. Section 7-8: Filling in vacancy in the presidency Estrada vs. Disierto 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 coupled by acts of relinquishment. The validity of a resignation is not government by 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. Section 8: Midterm past June 30


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Death, Disability; Removal, Resignation Pres. VP is Pres. VP Pres. Will nominate VPP from Congress (sec. 9) Both Senate Pres./Speaker HoR as Pres.

Death, Disability; Resignation Acting (SP/SH) of Pres.

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. Doromal vs. Sandiganbayan Participation in a contract with the government, though indirect, is still prohibited: but accused is entitled to investigation and rights conferred by the law. Section 14-15: Appointments by Acting President

By Law (Congress)

Section 11: Incapacity of the President Estrada vs. Disierto To be determined by Congress: can be ascertained form their acts of recognition of GMA. Section 13: Prohibitions Rafael vs. Embroidery Ex-officio capacity not entirely different from current duties and functions; incidental to their office CLU vs. Exec. Sec. The executive is treated as a class in itself and as such, are given stricter prohibitions. Dela Cruz vs. COA Ex-officio capacity no compensation for the executive who acts as such, nor do their representatives. Bitonio vs. COA and Amnesty intl vs. COA

In Re appointment of Valenzuela There are two kinds of appointments directed against by the appointment ban in Sec. 15, Art. 7: (1) those made for vote-buying and (2) those made for partisan politics. Midnight appointments such as the appointments in question are made in consideration of partisan politics to influence the outcome of the elections. The only appointments that are exempted from the ban are vacant executive positions that will prejudice public interest.

Section 16: Nature of Appointing Power

Govenrment vs. Springer The legislative branch has no power to appoint. It is only for the executive.

Bermudez vs. Exec. Sec.


The president need not wait for his/her subordinates recommendation to carry out a duty or function vested in his/her office.

Pobre vs. Mendienta 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 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 time they assume office .

Pimentel vs. Ermita

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 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 may even appoint in an acting capacity a person not yet in the government service, as long as the President deems that person competent.

Flores vs. Drilon The power of choice is the heart of the power to appoint. Appointment involves an exercise of discretion of whom to appoint; it is not a ministerial act of issuing appointment papers to the appointee. In other words, the choice of the appointee is a fundamental component of the appointing power.

Sarmiento vs. Mison Except as to those officers whose appointments require the consent of the COA by express mandate of the first sentence in Sec 16 Art VII, appointments of other officers are left to the President without need of confirmation by the COA. It is only in the first sentence where it is clearly stated that positions enumerated therein require the consent of the COA. The word alone is a mere lapsus.

Rufino vs. Endriga The power to appoint is the prerogative of the President, except in those instances when the Constitution provides otherwise. Under Section 16, there is a fourth group of lower-ranked officers whose appointments Congress may by law vest in the heads of 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. The 1987 Constitution only allows heads of departments, agencies, commissions, or boards to appoint only officers lower in rank than such heads of departments, agencies, commissions, or boards. Calderon vs. Carale

Bautista vs. Salonga Appointing power solely vests in the President, but once she makes the appointment, the President loses the power over the position. Its up to the appointed person if she would accept or not.

Quinto-Deles vs. CA Appointment of sectoral representatives need CA confirmation.


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The second sentence of Sec 16, Art VII refers to all other officers of the government 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 appointments requires the confirmation by the Commission on App.

It is clear from Section 16, Article VII of the 1987 Constitution that only appointed 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 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 clause "officers of the armed forces from the rank of colonel or naval captain" refers to military officers alone.

U-Sing vs. NLRC Same as Calderon Section 17: Power of Control

Tarrosa vs. Singson Congress cannot by law expand the confirmation powers of the Commission on Appointments and require confirmation of appointments of other government officials not expressly mentioned in the first sentence of Section 16 of Article 7 of the Constitution.

Lacson-magallanes vs. Pano The president is vested with the executive power in the 3 branches of government. With this power, comes the power to control all of the executive departments. He can appoint these heads, and dismiss them as he pleases. Having the power to control and direct them, he as well can confirm, modify or reverse the decisions of these department secretaries.

Manolo vs. Siztoza The police force is different from and independent of the armed forces and the ranks 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 under the first category of presidential appointees requiring the confirmation by the CA (see first sentence of the first paragraph of Section 16). PNP is not part of the AFP. Ang-Angco vs. Castillo The power of control of the President extends to the power to alter or modify or 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 officer]. This may be extended to the power to investigate, suspend or remove officers and employees who belong to the executive department if they are presidential appointees or do not belong to the classified service for such can be justified that the power to remove is inherent to the power to appoint. The same cannot be done to officers or employees who belong to the classified service. The

Soriano vs. Lista


procedure laid down in the Civil Service Act of 1959 must be followed for their removal.

Villaluz vs. Zaldivar Inherent in the power to appoint is the power to remove.

other offices under their jurisdiction o As head of executive department, he may delegate some of his powers to the Cabinet except when he is required by the Constitution to act in person or in the exegencies of the situations 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 of the NBI. Acts of the alter egos of the President are acts of the President himself unless disapproved or reprobated by the Chief Executive.

NAMARCO vs. Arca Presidents power of control includes GOCCs as part of the Executive department. Joson vs. Torres 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. 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 Investigating committee.

Drilon vs. Lim 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.

PASEI vs. Torres The Ministry of Labor is under the executive department and the president has the power of control of its department head (Secretary). It is implicit in the power of control is the power to review, confirm, modify or reverse acts of Dept heads. In this case, if the Secretary grants a new license, Marcos can deny or approve of it. Hence, this LOI takes the nature of a presidential issuance which can be repealed by a later presidential issuance.

Hutchinson vs. SBMA Chartered instirutions are always under the power of control of the President.

Cruz vs. Sec. of DENR De Leon vs. Carpio All executive departments, bureaus, and offices are under control of President Presidents power of control over cabinet, who in turn controls bureaus and PRA vs. Bunag 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


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determine if the same complies with the prescribed policies and guidelines issued in this regard. The role of the Department of Budget and Management is s

consti 1 notes

Documents

nautical miles

states territorial sea

candelaria territorial

term territorial waters

smaller territorial

continental margin

internal waters

continental slope