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.
G.R. No. L-27038 January 30, 1970 - Pechueco Sons Company v. Provincial Board of Antique - January 1970 - Philippine Supreme Court Jurisprudence - Chanrobles Virtual Law Library