Beruflich Dokumente
Kultur Dokumente
Vera vs Avelino
Legislative
Prohibitions
Punzalan vs.
Mendoza
PROVISIONS
THINGS TO REMEMBER
Art.6.13 Prohibitions
1. hold
any
other
employment or office
in the govt without
forfeiting his seat
2. be appointed in any
office
created
or
emoluments thereof
increased during the
term fir which he was
elected
Art.6.14 Prohibitions
1. personally appear as
counsel
2. be interested directly
or indirectly in any
contract, franchise,
or special privilege
granted by the govt
3. shall not intervene in
any matter before
any office of the
Note: 2 views on
disqualification on
Art.6.13
1st- perpetual injunction
2nd termination of
prohibition upon
expiration of term
Congressiona
l Session
US vs Pons
Quorum
Avelino vs
Cueco
Journal
Artorga vs.
Villegas
Primicias and
Gardener vs
Paredes and
Clarin
Electoral
Tribunal
Dueas vs
HRET
Lazatin vs.
HRET
Angara vs.
Electoral
(summary)
The Electoral Tribunal may
promulgate rules and regulations relative to
matters concerning the power of being the sole
judge of all contests relating to the election,
returns, and qualifications of the House of Rep.
Commission
on
Appointments
Commission
Bondoc vs.
Pineda
Daza vs.
Singson
Cayetano vs.
Monsod
Inquiry in Aid
of Legislation
Art.6.18 composition:
SenatePres:ex officio
Chairman
(12) members of Senate
(12) members of House of
Rep
*proportional representation
of political parties/ parties
and organizations of the
party-lists represented
therein
Power
Congress
of
Limitations of
Legislative
Powers
Aglipay vs Ruiz
Conditions:
1. war or natl
emergency
2. in virtue of a law
enacted by
Congress
3. natl policy
4. limited period and
subject to
restrictions
Powers: May be
legislative or Nonlegislative
Limitations: may be
substantive or
procedural
Types of Bill
Assoc. of Small
Land Owners of
the Phil. Vs Hon.
Sec. of Agrarian
Reform
Revenue: designed to
raise revenue or money
Private:
one
affects purely
interest
which
private
Preparation of
Bills
Tolentino vs.
Sec. of Finance
Tolentino vs.
Sec. of Finance
Demetria vs.
Alba
Assoc. of Small
Land Owners of
the Phil. Vs Hon.
Sec. of Agrarian
Reform
Extra-constitutional limitations:
1.must be for public purpose
2. amount must be certain and definite
Limitations:
Art.6.25.1
Art.6.25.2
Art.6.25.4-special
appropriations bill
Art.6.25.5- augmentation
Art.6.29.2- no public money
or property appropriated for
religious
sect,
priest,
ministers etc.
2 conditions for
augmentation:
1. transfer is for
augmenting an item in
the gen. approp.law for
their own dept.
2. funds must come from
their savings
One Subject
expressed in
the Title of Bill
Government of
the Philippine
Islands vs. El
Hogar Filipino
Enrolled Bill
vs. Journal
US vs. Espirito
Santo
Morales vs.
Purpose of
only one subject which
shall be expressed in the
title thereof:
1.to prevent log-rolling
legislation
2. to prevent fraud
3. to fairly inform the
people
Subido
How Bill
Becomes A
Law
Gonzales vs.
Macaraig Jr.
Initiative and
Referendum
Defensor
Santiago vs.
COMELEC
RA.
No.
6735
deals
with, inter
alia,
people's initiative to amend the Constitution.
Its Section 2 on Statement of Policy explicitly
affirms, recognizes, and guarantees that
power; and its Section 3, which enumerates the
three systems of initiative, includes initiative
on the Constitution and defines the same as
the power to propose amendments to the
Constitution. Likewise, its Section 5 repeatedly
mentions initiative on the Constitution.
Art.6.32
Congress
shall
provide for a system of
Initiative and referendum
RA 6735
Initiative: reserved power
of the people to directly
propose and enact laws
Referendum: process by
which any act or law or
part thereof passed by
Congress or local govt
legislature is submitted
to the people for their
approval
RA 6735
Executive
Department
Executive:
Qualifications,
Term of office
Executives
Authority
Osmea vs.
COMELEC
Govt vs.
Springer
Valmonte vs.
Belmonte Jr.
Prohibitions
Privileges and
Powers of the
President In
General
Civil Liberties
Union v
Executive
Secretary
In Re: Saturnino
Bermudez
Soliven vs.
Makasiar
Soliven vs.
Makasiar
Pardon: It is an act of
grace
proceeding from the
power entrusted with the
execution of laws which
exempts the individual o
whom it is bestowed
from the punishment the
law inflicts for the crime
he has committed.
a. Absolute pardon
b. conditional pardon
Amnesty: It is an act of
the sovereign power
granting oblivion or
general pardon for a past
offense, and is rarely, if
Laurel vs.
Garcia
No.
There
is an
imperative need of
exercised in favour of a
single individual, and is
usually exerted in behalf
of certain classes of
persons, who are subject
to trial but have not yet
been convicted.
Commutation: It is a
change of the decision of
the Court made by the
Chief executive by
reducing the degree of
penalty inflicted upon the
convict, or by decreasing
the length of
imprisonment or amount
of fine.
legislative authority.
Powers of
Appointment
of the
President
Rimonte vs CSC
Other officers:
1.regular members of the
Judicial Bar Council
except :Art.8.8.2 (ex officio)
Art.7.16.2 Ad interim
appointments:
appointments during
recess of Congress.
Sarmiento III vs
Mison
Tarrosa vs.
Singson
Limitations/Prohibitions to
Appointment Powers:
Art.7.13.2 : spouses,
descendants, ascendants
and collateral relatives up to
4th civil degree
Art.7.15. : 2 months before
the preceding
elections/midnight
appointments
Art.7.16 : Several
appointments need
confirmation from the
Commission on
Appointments
Art.8.9 : Nominees prepared
by the Judicial Bar Council
Summers vs.
Ozaeta
Aytona vs.
Castillo et.al.
Lacson vs.
Romero
Villaluz vs.
Zaldivar
Delos Santos
vs. Mallare
Extent of
Power of the
Pres. over
Executive
Departments
Military
Powers
Carpio vs
Executive Sec.
Ang-angco vs
Castillo
Roque vs
Director of
Lands
Aquino vs.
Military
Commission
Art.7.18
The Pres. as commander in
chief of Armed Forces
1.call upon the armed forces
to prevent and suppress
Olaguer vs.
Military
Commission No.
34
lawless violence
2.Suspension of privilege of
writ of habeas corpus
3. declare martial law
Note: 2 and 3 is applicable
only in case when there is
invasion or rebellion, when
public safety requires
Art.7.18.1
1.is applicable only in case
when there is invasion or
rebellion, when public
safety requires
2.subject to revocation via
legislative review
3.only for 60 days
Art.7.18.3 may be judicially
reviewed
Lansang vs.
Garcia
The presidents decision to suspend the writ
was by fact constitutional hence VALID, as he
has three available courses to suppress
rebellion. First, to call out the military, second
to suspend the privilege of writ and lastly to
declare martial law.
Pardoning
Power
In Re:
Sumulong
Torres vs.
Director of
Bureau of
Corrections
Art.7.19. 1
may grant pardon except for
impeachment
may grant reprieves,
commutation, pardon, and
remit fines and forfeiture
AFTER conviction.
Limitations:
1.Art.7.19.1 maybe given
after conviction
In case of conditional
pardon, if the same has
not yet been delivered
and accepted, it can be
withdrawn.
Effects of absolute
pardon:
Based on the Innocence:
Pardon Affirms his
innocence and makes
Reprieve
Commutation
Amnesty
Amnesty: It is an act of
the sovereign power
granting oblivion or
general pardon for a past
offense, and is rarely, if
exercised in favour of a
single individual, and is
usually exerted in behalf
of certain classes of
persons, who are subject
Commutation: It is a
change of the decision of
the Court made by the
Chief executive by
reducing the degree of
penalty inflicted upon the
convict, or by decreasing
the length of
imprisonment or amount
of fine.
People vs. Vera
Parole
Conviction by
Final
Judgement
Violation of
Conditions of
Pardon
In Re:
Sumulong
Torres
Case
Analysis: On
executive
clemency
Garcia v.
Chairman on
COA
Llamas vs.
Orbos
Free Telephone
Workers Union
vs. Minister of
Labor and
Employment
Duration of
Attachment of
Pardon vs Amnesty
1. Pardon must be
pleaded and is not of
judicial notice; Amnesty
is of judicial notice.
2. Pardon may be
granted to an individual
after conviction generally
for all types of crimes
(subj. to exceptions);
Amnesty is granted to a
class of persons before
criminal prosecution or
after conviction generally
for political crimes.
3. Pardon looks forward,
Amnesty looks
backward.
conditions of
pardon
People vs
Ynares
Infante vs.
Provincial
Warden
Cristobal vs.
Labrador
Monsanto vs.
Factoran
Amnesty
People vs.
Pasilan
Macaga-an vs.
People
Diplomatic
Power
Peoples
Movement for
Press Freedom
vs Manglapus
Provisions Repository of
Diplomatic Powers
Art.7.1
Art.7.16- nominate
ambassadors
Art.7.21- treaties and int.
agreement
Art.7.20- contract foreign
loan on behalf of RP
Power to
Deport Aliens
Judiciary
Assoc. of Small
Land Owners of
the Phil. Vs Hon.
Sec. of Agrarian
Reform
Art.8.7.3 Common
qualifications of all
members of the judiciary(SC
and lower courts)
Arroyo vs.
HRET
Bondoc vs.
Pineda
Manalo vs.
Rolda n
On salary:
Art8.3- Salary shall be fixed
by law.During their
continuance in office, their
salary shall not decrease.
On jurisdiction of SC:
The Congress may define,
apportion, prescribe the
jurisdiction of courts, but no
law shall be passed
reorganizing the judiciary
which undermines the
security of tenure of the
Members.
Constitutional basis of SC
power to review:
Judicial review:
Review, reverse, modify
or affirm an appeal on
certiorari.
Art.8.5.2
Justiciable vs political
question:
Justiciable: issue that
affects civil, personal, or
property rights. These
are real and not
theoretical.
Political: under Consti.
To be decided by the
person according to their
sovereign capacity and
to which there is
discretionary authority.
Art.8.5 appellate
jurisdiction
Art.8.1.2 in case of grave
abuse of discretion
Functions of Judicial
review:
1.Legitimizing/positive
power: Art.8.4.2
1.Legitimizing/positive
power: act of sustaining
the validity or
constitutionality
2.Checking/negative
power: act of explicitly
pronouncing a law or act
Torres vs.
Gonzales
Romulo vs.
Yniguez
Lawyers
League of the
Phil. Vs Aquino
People vs Vera
2.Checking/negative power:
Occena vs COMELEC
3.symbolic/teaching
function: Salonga vs Cruz
unconstitutional
3. symbolic/teaching
function: act of
conveying to the
Members of the bench,
as well as the bar, the
controlling doctrinal law
or jurisprudencial
pronouncement
Requisites of judicial
review:
1.Existence of an actual
case/controversy
(Dumlao vs.COMELEC)
2.issue must be raised
by the proper party
3.issue must be raised at
the earliest time possible
Art.8.11 Dismissal on
Discipline of judges of lower
court
On Fiscal Autonomy:
Art.8.3 nd Art. 6.25.1
HONORABLE SECRETARY
OF THE DEPARTMENT OF
AGRARIAN REFORM
Note: the ff.are considered
interested/proper parties:
VirJen Shipping
and Marine
Services vs.
2 views on Constitutionality
of a Statute:
Orthodox view: An
unconstitutional law is no
law at all. It confers no right,
1.Minors in a class
suit(Oposa vs. Factoran
Jr.)
2.Voters in election
questioning its validity
NLRC
IN RE:
DESIGNATION OF
JUDGE
RODOLFO U.
MANZANO AS
MEMBER OF THE
ILOCOS NORTE
PROVINCIAL
COMMITTEE ON
JUSTICE.
imposes no obligation,
affords no protection, and
creates no office.
Unorthodox view:
Since the law is given a
presumption of
constitutionality, it must be
given due respect and
obedience.
Agbayani vs PNB
Unacceptability of orthodox
view: retroactivity cannot be
justified. Cruz vs. Enrile
3.Concerned citizens, if
the issue is of
transcendental
importance (Civil
Liberties vs executive
secretary)
4.Legislators (Tatad vs
Garcia et.al)
4.Tax Payers, if it
involves misapplication
of govt. funds (Lozada
vs. COMELEC)
Marcelino vs.
Cruz
Angara vs.
Electoral
Commissions