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279
Lidasan V. COMELEC, 21 SCRA
496
Title: Act creating
municipality of dianaton,
province of lanao
Art 6 sec 21 par 1
Lanao del sur, Cotabato
territory, Subject, Title,
dependent, germane
Bara Lidasan -Taxpayer
280
PHILCONSA v. Gimenez, 15
SCRA 479
Title: Act amending subsection
(c), section 12 of the
commonwealth act of 396
Art 6 sec 21 par 1
Art 4, sec 14 no increase
in Emoluments,
retirement, indirect,
Art 3, sec 1, par 1
discriminating,
Art 6 sec 21 par 1
286
Philippine Judges Association
v. Prado, G.R. No. 105371,
November 11, 1993
Title: Act creating phl. Postal
corp, defining its powers
functions, responsibilities, and
provi. Regul. For other
purposes therewith
Approval of 2/3 of both
houses
Franking of expense
Art 6 sec 21
Conference committee
amendment sec 35
approved journal
Art 3, sec 1, par 1
discriminating, classified
with other - All or none
290
Macalintal v. COMELEC, G.R.
No. 157013, July 10, 2003
Title: Absentee voting
Permanent resident, affidavit
(constitutional)
Congressional Oversight
(committee) post-enactment
influence scrutiny,
investigation, supervision (per
se constitutional but
overboard in this case IRR)
Revise, review, amend
and approve COMELEC
IRR (unconstitutional)
(proclamation of the
winning candidate P &
VP). Independence of the
comelec.

297
Garcillano v. House of
Representatives, G.R. No.
170338, December 23, 2008
Legislative inquiry without
published rules (1995, 2006).
Internet and previously
published may not apply.
Official gazette, newspaper of
general circulation
Helo Garci tapes arroyo in
favor, election, illegally
obtained. Ra4200
wiretap, art 3 sec 3
privacy.
299
Bengzon v. Senate Blue Ribbon
Committee 203 SCRA 767
Legislative inquiry - in aid of
legislation mandatory
No legislation is contemplated
RA 3019 (anti-graft) invoked,
but not for aid
Enrile> Bengzon law
office
Tell us what you know.
Benjamin Romualdez ->
Rcardo Lopa selling of 36
corporations.
Sandiganbayan
jurisdiction
299,
300 Standard Chartered Bank v.
Senate Blue Ribbon Committee,
G.R. No. 167173, December 27,
2007
Legislative inquiry - in aid of
legislation mandatory
to prevent future events
RA 8799 Securities regulation

Senate committee on
banks, financial
institution and currency.
Selling of unregistered
Enrile. and unsecure stocks, loss
of billions
Bengzon is raised.
Pending case
300
Aranault v. Nazareno, 87 Phil.
29
Question is in pursuance to
senate resolution.
Legislative contempt.
How long?
As long as in session,
continuing body, no time limit
but not too long.
Ernest burt.
Buenavista, tambobong 2
real properties. 4.5m and
500k respectively.
440k encashment to
whom did he give?
Refuse, jailed
Jean L Arnault.
Leon Nazareno Sgt. At
arms of senate
299,
303
Senate v. Ermita, 488 SCRA 1
Congress power limitation:
Presidents executive
privilege. Information of
sensitive character. Not
automatic need cert. by press.
Resource speaker. Northrail
project overpricing. Helo garci
tapes
Section 21 legislative
inquiry
Section 22 request only.
Question hour info for
oversight function
EO 464: pres. Cert. for
exe officials sept 28,
2005. partly
constitutional Priv on leg
inc. VOID.
309
Garcia v. Mata, 65 SCRA 520
General appropriations act of
1956. Not related. Non-
appropriation item inside the
appropriation measure. Rider.

Also violates one bill one
subject rule. Void because
unrelated. Cannot compel AFP
to reinstate him
Mata- Sec. of Natl Def.
Garcia - Reserve officer in
active duty reversed to
inactive status.
Complained for RA 1600
sec 11. (reversion of
officers with 10yr serv.)
rider invalid. Incongruent
and irrelevant to the
other items.
311
Demetria v. Alba,148 SCRA 208
Delegation of legislative
power to the chief executive.
Transfer fund in GAA to any
project, program activity of
any dept. bureau, ofc. To dff,
dept. after enactment.
-Disregards whether savings or
not.
Par1 sec. 44PD 1177
budget reform decree of
1977.
Demetria et al. as
taxpayers. (violates 1973
consti)
Manuel Alba minister of
budget.
Savings can be
transferred by P, PM, SP,
SH, CJ, heads of consti
com.
313
Pichay v. Office of the Deputy
Executive Secretary for Legal
Affairs, G.R. No. 196425, July
24, 2012
Chief executive has power to
recommend the necessary
budget. Power to reorganize.

No usurpation of legislative
power when the president
only allocates existing funds
previously appropriated by the
congress.

Right to due process of Pichay.
Given opportunity to explain
his side.

Under the disciplinary
jurisdiction of the president.
22M PAGC funds
transferred by pres. To
IAD-ODESLA (2010 annual
budget EO 13)
Purisma finance
secretary filed> grave
misconduct> against
Prospero Pichay Jr.
chairman of Local Water
Utilities Administration.
For buying shares of stock
of express savings bank.
Already pending before
the Ombudsman.
Assailed the
constitutionality of EO 13.
315
Aglipay v. Ruiz, 64 Phil. 201
Aglipay wants to prohibit
Director of post from seling
the remaining postage stamp.
No violation of constitution.
Not for the benefit of the
roman catholic church nor
money given to the church.
Main purpose is for tourism.
Only took advantage of the
event for promotion of PH.
Special stamp. May 1936.
33
rd
International
Eucharistic Congress.
Act. No. 4052.
Gregorio Aglipay
supreme head.
Consti provision no
public money.
316
Garces v. Estenzo, 105 SCRA
510
Article 6 section 29.
Private funds raised from
voluntary contributions not
tax money.

No tax money is appropriated.

Barrio fiesta is a socio religious
affair. Holy mass highlight of
the fiesta where the wooden
figure was used.

Quarrel over the custody of
the image. More accessible in
the church.
Purchase of wooden
image of san Vicente
Ferrer by barangay
council with private
funds.

Used in the feast day.
After the feast Father
Osmena refused to return
the figure to the brgy
council.

Construction of waiting
shed secular function.
321
Lladoc V. CIR, G.R. No. 189999,
June 27, 2012
Fr. Casmiro Lladoc.
Tax on real property itself is
exempt. But not (not
extended to)
Excise tax not on the church
itself but on the parish priest
MB Estate Bacolod city:
10000 pesos donation for
the construction of the
church. BIR wants the
Donees TAX reach
1,370 pesos incl. sur
charge, interest,
for the privilege to accept
donation. Not exempt.

claimed that all the money is
already used for construction.
compromise penalty for
late filing.

Lladoc held the head
diocese liable for he
claims that he is the real
party interested.
304,
311,
312
Nazareth v. Villar, G.R. No.
188635, January 29, 2013
Artcle 6 Sec 29 No money
shall be paid out of the
treasury except in pursuance
of an appropriation made by
law
Benefits of personnel.
Funds were released by DOST
without specific appropriation
in the GAA.

Notice of Disallowance from
COA authority from office of
the president (Sec Dr. Filimon
Uriarte) April 3, 2000.

Sec. 20 of RA 8439 magna
carta benefits for DOST
personnel amount for fund
will come from the GAA.

Not no specific amount is
reflected in the GAA.
Brenda Nazareth, (DOST
regional director
Zamboanga.)
Reynaldo Villar (COA)
DOTC released funds

Doctrine of Qualified
Political Agency - Official
acts of dept sec. are alter
ego of president unless
disapproved or
reprobated.

Authority granted to use
saving is valid and legal
only in year 2000, which
was granted by the DOST
Executive Secretary.

Not required to refund
the disallowed benefits.

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