Case: POI v Auditor General denied until on the 18th of November 2008, the judgement became
final and executory.
Facts: Philippine Operations, Inc., (POI) entered into a barter agreement with The Court then on the 19th of December 2009, unprecedentedly the Bureau of Prisons whereby it agreed to deliver to the Bureau a reversed its decision upholding the constitutionally of the Cityhood sawmill, complete, with a diesel fuel engine, a stop saw edge and log Laws. turner, etc., and two LCMs in good turning condition, in exchange for 350,000 board feet of sawed lumber. The sawmill machine delivered to the Bureau was lacking parts for the installation. Due to the defect, the Bureau would not be able to complete the delivery of sawed lumber. ISSUE: The attorney for POI filed a claim with the Auditor General demanding that cash payment of P70,000 be paid to it, plus P35,000 for damages Whether or not the Court could reverse the decision it already suffered. The Auditor General denied the claim of POI because the rendered. agreement entered into was one of barter and no money consideration came to mind and that the Bureau of Prisons was willing to perform its part of the obligation. RULING: Issue: Whether or not the Auditor General has jurisdiction over unliquidated Yes, The operative fact doctrine never validates or constitutionalizes claim? an unconstitutional law. Under the operative fact doctrine, the unconstitutional law remains unconstitutional, but the effects of the Decision: unconstitutional law, prior to its judicial declaration of nullity, may be Auditor General has no jurisdiction or power to take cognizance of left undisturbed as a matter of equity and fair play. In short, the claims for unliquidated damages. All that is vested in the Auditor operative fact doctrine affects or modifies only the effects of the General is the settlement of accounts. Accounts, because of the unconstitutional law, not the unconstitutional law itself. absence of any reasons to the contrary, must be deemed to have the same meaning as accounts under the laws in force before the approval Thus, applying the operative fact doctrine to the present case, of the Constitution. On the merits of the claim, the claim of the the Cityhood Laws remain unconstitutional because they violate petitioner for damages cannot be sustained, for admitting that the said Section 10, Article X of the Constitution. However, the effects of the amounts represent the difference in the value between the lumber implementation of the Cityhood Laws prior to the declaration of their delivered in April, 1950, and that which was to be delivered within thirty nullity, such as the payment of salaries and supplies by the new cities days after the installation of the sawmill, the delay in the delivery was or their issuance of licenses or execution of contracts, may be due to petitioner's own fault, namely, its failure to deliver the sawmill recognized as valid and effective. This does not mean that the and the landing barges complete and in satisfactory condition it had Cityhood Laws are valid for they remain void. Only the effects of the guaranteed them, and in part to its desire to change the lumber for implementation of these unconstitutional laws are left undisturbed as a surplus materials. For the foregoing considerations, the petition for matter of equity and fair play to innocent people who may have relied review is hereby dismissed, with costs against the petitioner. on the presumed validity of the Cityhood Laws prior to the Courts declaration of their unconstitutionality. ALTERNATIVE CENTER FOR ORGANIZATION REFORMS VS ZAMORA ESTRADA VS DESIERTO; ARROYO GRN 144256 June 8, 2005 Posted by kaye lee on 2:48 AM Carpio-Morales, J.: Estrada vs Desierto G.R. No. 146710-15; Estrada vs Arroyo G.R. No. 146738, March 2 2001 FACTS: In the year 2000, the GAA appropriated PhP 111,778,000,000.00 of [Immunity from Suit; Resignation of the President; Justiciable IRA as programmed fund. It appropriated a separate amount of P10B controversy] of IRA under the classification of unprogrammed fund, the latter amount to be released only upon th occurrence of the conditions stated FACTS: in the GAA. It began in October 2000 when allegations of wrong doings involving bribe-taking, illegal gambling, and other forms of corruption were made ISSUE: against Estrada before the Senate Blue Ribbon Committee. On Whether or not the questioned provision violate the constitutional November 13, 2000, Estrada was impeached by the Hor and, on injunction that the just share of local governments in the national taxes December 7, impeachment proceedings were begun in the Senate of the IRA shall be automatically released. during which more serious allegations of graft and corruption against Estrada were made and were only stopped on January 16, 2001 when RULING: 11 senators, sympathetic to the President, succeeded in suppressing Article X Section 6 of the Constitution provides: LGUs shall have a just damaging evidence against Estrada. As a result, the impeachment trial share, as determined by law, in the national taxes which shall be was thrown into an uproar as the entire prosecution panel walked out automatically released to them. While automatice release implies that and Senate President Pimentel resigned after casting his vote against the just share should be released to them as a matter of course, Estrada. withholding its release pending an event contravened the constitutional mandate. On January 19, PNP and the AFP also withdrew their support for Estrada and joined the crowd at EDSA Shrine. Estrada called for a snap presidential election to be held concurrently with congressional and local elections on May 14, 2001. He added that he will not run in LEAGUE OF CITIES OF THE PHILIPPINES (LCP) represented by this election. On January 20, SC declared that the seat of presidency LCP was vacant, saying that Estrada constructively resigned his post. At noon, Arroyo took her oath of office in the presence of the crowd at CARPIO, J.: EDSA as the 14th President. Estrada and his family later left Malacaang Palace. Erap, after his fall, filed petition for prohibition with prayer for WPI. It sought to enjoin the respondent Ombudsman from FACTS: conducting any further proceedings in cases filed against him not until his term as president ends. He also prayed for judgment confirming Supreme Court en banc, struck down the subject 16 of the Cityhood Estrada to be the lawful and incumbent President of the Republic of Laws for violating Section 10, Article X of the Constitution. the Philippines temporarily unable to discharge the duties of his office. Respondents filed a petition for reconsideration which was denied by the Honorable Court. A second motion for reconsideration was also ISSUE(S): 1. WoN the petition presents a justiciable controversy. 2. WoN Estrada resigned as President. president made by a co-equal branch of government cannot be 3. WoN Arroyo is only an acting President. reviewed by this Court. 4. WoN the President enjoys immunity from suit. 5. WoN the prosecution of Estrada should be enjoined due to 4. The cases filed against Estrada are criminal in character. They prejudicial publicity. involve plunder, bribery and graft and corruption. By no stretch of the imagination can these crimes, especially plunder which carries the RULING: death penalty, be covered by the alleged mantle of immunity of a non- sitting president. He cannot cite any decision of this Court licensing the 1. Political questions- "to those questions which, under the President to commit criminal acts and wrapping him with post-tenure Constitution, are to be decided by the people in their sovereign immunity from liability. The rule is that unlawful acts of public officials capacity, or in regard to which full discretionary authority has been are not acts of the State and the officer who acts illegally is not acting delegated to the legislative or executive branch of the government. It is as such but stands in the same footing as any trespasser. concerned with issues dependent upon the wisdom, not legality of a particular measure." 5. No. Case law will tell us that a right to a fair trial and the free press Legal distinction between EDSA People Power I EDSA People Power are incompatible. Also, since our justice system does not use the jury system, the judge, who is a learned and legally enlightened individual, EDSA I EDSA II cannot be easily manipulated by mere publicity. The Court also said exercise of people power of that Estrada did not present enough evidence to show that the publicity freedom of speech and freedom given the trial has influenced the judge so as to render the judge of assemblyto petition the unable to perform. Finally, the Court said that the cases against exercise of the people power of government for redress of Estrada were still undergoing preliminary investigation, so the publicity revolution which overthrew the grievances which only affected of the case would really have no permanent effect on the judge and whole government. the office of the President. that the prosecutor should be more concerned with justice and less extra constitutional and the intra constitutional and the with prosecution. legitimacy of the new resignation of the sitting government that resulted from it President that it caused and the cannot be the subject of judicial succession of the Vice President Gutierrez review as President are subject to judicial review. Impeachment; publication requirement. Petitioner contended that she was deprived of due process since the Impeachment Rules was presented a political question; involves legal questions. published only on September 2, 2010 a day after public respondent II: ruled on the sufficiency of form of the complaints. She likewise tacked The cases at bar pose legal and not political questions. The principal her contention on Section 3(8), Article XI of the Constitution which issues for resolution require the proper interpretation of certain directs that Congress shall promulgate its rules on impeachment to provisions in the 1987 Constitution: Sec 1 of Art II, and Sec 8 of Art VII, effectively carry out the purpose of this section. and the allocation of governmental powers under Sec 11 of Art VII. The While promulgation would seem synonymous to publication, there is issues likewise call for a ruling on the scope of presidential immunity a statutory difference in their usage. Promulgation must thus be used from suit. They also involve the correct calibration of the right of in the context in which it is generally understood, that is, to make petitioner against prejudicial publicity. known. What is generally spoken shall be generally understood. Between the restricted sense and the general meaning of a word, the 2. Elements of valid resignation: (a)an intent to resign and (b) acts of general must prevail unless it was clearly intended that the restricted relinquishment. Both were present when President Estrada left the sense was to be used. Since the Constitutional Commission did not Palace. restrict promulgation to publication, the former should be Totality of prior contemporaneous posterior facts and circumstantial understood to have been used in its general sense. It is within the evidence bearing material relevant issuesPresident Estrada is discretion of Congress to determine on how to promulgate its deemed to have resigned constructive resignation. Impeachment Rules, in much the same way that the Judiciary is SC declared that the resignation of President Estrada could not be permitted to determine that to promulgate a decision means to deliver doubted as confirmed by his leaving Malacaan Palace. In the press the decision to the clerk of court for filing and publication. It is not for release containing his final statement: the Supreme Court to tell a co-equal branch of government howto 1. He acknowledged the oath-taking of the respondent as President; promulgate when the Constitution itself has not prescribed a specific 2. He emphasized he was leaving the Palace for the sake of peace method of promulgation. The SC observed that it is in no position to and in order to begin the healing process (he did not say that he was dictate a mode of promulgation beyond the dictates of the Constitution. leaving due to any kind of disability and that he was going to reassume Had the Constitution intended to have the Impeachment Rules the Presidency as soon as the disability disappears); published, it could have stated so as categorically as it did in the case 3. He expressed his gratitude to the people for the opportunity to serve of the rules of procedure in legislative inquiries. Even assuming that them as President (without doubt referring to the past opportunity); publication is required, lack of it does not nullify the proceedings taken 4. He assured that he will not shirk from any future challenge that may prior to the effectiveness of the Impeachment Rules, which faithfully come in the same service of the country; comply with the relevant self-executing provisions of the 5. He called on his supporters to join him in promotion of a constructive Constitution. Ma. Merceditas N. Gutierrez v. The House of national spirit of reconciliation and solidarity. Representatives Committee on Justice, et al. G.R. No. 193459, Intent to resignmust be accompanied by act of relinquishmentact February 15, 2011. or omission before, during and after January 20, 2001.
3. The Congress passed House Resolution No. 176 expressly stating
its support to Gloria Macapagal-Arroyo as President of the Republic of the Philippines and subsequently passed H.R. 178 confirms the nomination of Teofisto T. Guingona Jr. As Vice President. Senate passed HR No. 83 declaring the Impeachment Courts as Functius Officio and has been terminated. It is clear is that both houses of Congress recognized Arroyo as the President. Implicitly clear in that recognition is the premise that the inability of Estrada is no longer temporary as the Congress has clearly rejected his claim of inability. The Court therefore cannot exercise its judicial power for this is political in nature and addressed solely to Congress by constitutional fiat. In fine, even if Estrada can prove that he did not resign, still, he cannot successfully claim that he is a President on leave on the ground that he is merely unable to govern temporarily. That claim has been laid to rest by Congress and the decision that Arroyo is the de jure,