Constitutional Law Transcript - Nov. 19 (AM Make Up Class) - Incomplete

FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma Singco |S.Y.
1st sem (2018)
Transcribed by: Rodellas, España, Legaspi, Samaco, Samporna (PREFINALS)
RESIDUAL POWERS OF THE PRESIDENT
Residual powers are powers enjoyed by the President.
Power of Deportation:
For example, there is nothing in the Constitution that provides that we’re supposed to deport undesirable aliens. So, in as much
as it is not assigned to any branch of the Government, the President, being the Chief Executive, is understood to be exercising
the powers.
Privilege of immunity from suit:
The President cannot be sued as long as he is the incumbent President. Even for personal actions. Nangutang ang Presidente,
wala kabayad. Makiha? No. He cannot be sued even for those kind of suits as long as he is the sitting President or he is in
actual tenure or during his tenure.
Violation of law or offenses related to the performance of his duty:
Not suable as long as he is the sitting President.
Conversely, the President CAN be sued if he is no longer the President even if his term has not yet expired.
Example, President Estrada was sued for plunder. Remember, his term hasn’t expired yet because he was considered to have
resigned. He had 3 more years to go as President. He asked for the dismissal of his plunder case in the Sandiganbayan since
he is still the President and his term has not yet expired. SC said that the immunity of suit is only available during the tenure of
the President. In as much as he has already been considered resigned so therefore he is no longer the President. As he is no
longer the President, then he is now suable.
IMMUNITY FROM SUIT
I. Not absolute
This immunity from suit of the President is not absolute. He may be held be held accountable under the concept of command
responsibility, being the Commander in Chief of the AFP in the context of the Amparo proceedings.
Writ of Amparo or Amparo Proceedings
This is applied whenever there is a violation of a person’s right to life, liberty or security.
Example, in relation to forced disappearance or EJK. You suspect that the military is following you around, sigeg sunod’2x,
mawala palang ka sa face of the earth without your relatives knowing your whereabouts. Your remedy is to apply for a writ of
amparo before the RTC, CA or SC. Imong kihaon kay ang military. So kung naa jud kay nahibaw-an na sila jud ang nag
survelliance nimo, imention ilang mga ngalan, apil ilang mga hipi (??), iapil na nimo sa imong complaint in a petition for a writ
of Amparo.
Take note that the President is the Commander in Chief of the AFP therefore all these members of the AFP including the
officials are under the President. Iapil ba nimo sa imong kaso? Yes. Pwede.
Rodriguez v. Macapagal-Arroyo: SC said that a former president cannot use the presendential immunity from suit to shield
himself from judicial scrutiny that would assess whether within the context of Amparo proceedings, she was responsible /
accountable for the abduction of a person.
Balao v. Macapagal-Arroyo: Amparo proceedings determine:
1|Page
Ngayon ka pa ba susuko, kung kailan malayo na ang narating mo?
LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
(a) responsibility, or the extent the actors have been established by substantial evidence to have participated in whatever way,
by action or omission, in an enforced disappearance, and
(b) accountability, or the measure of remedies that should be addressed to those
(i) who exhibited involvement in the enforced disappearance without bringing the level of their complicity to the level
of responsibility defined above; or
(ii) who are imputed with knowledge relating to the enforced disappearance and who carry the burden of disclosure;
or
(iii) those who carry, but have failed to discharge, the burden of extraordinary diligence in the investigation of the
enforced disappearance.
Thus, although there is no determination of criminal, civil or administrative liabilities, the doctrine of command responsibility
may nevertheless be applied to ascertain responsibility and accountability within these foregoing definitions.
Command Responsibility is applicable in Amparo proceedings. Mao ni ang rason nganong makiha ang Presidente.
Command Responsibility
The President as Commander in Chief of the AFP can be held responsible/accountable for EJK and enforced disappearances.
To hold someone liable under the doctrine of command responsibility, the following elements must be obtain:
1. The existence of superior-subordinate relationship between the accused (the President) as superior and the
perpetuator (the military na nang-kidnap) as subordinate of the crime;
2. The superior (President) knew or had reason to know that the crime was about to be or had been committed or omitted;
3. The superior (President) failed to take the necessary and reasonable measures to prevent the criminal acts or punish
the perpetrators thereof
Commanders therefore may be impleaded not actually on the basis of command responsibility but rather of the ground of their
responsibility or at least accountability.
Read the Balao-GMA case!
II. It is personal
The immunity from suit is personal to the President. This is non-delegable; his alter egos consisting of the different department
secretaries cannot use the state immunity from suit. This is only exclusively enjoyed by the President. This cannot also be
invoked by the person na gikiha sa Presidente.
Like si Aquino, iyang gikiha ang publisher sa Philippine Star newspaper. Ingon daw during one of the coup d’etats, si Aquino
nag tago ilalom sa iyang katre considering makaulaw kay siya’y commander in chief unya sya nuon ang una nahadlok. Gikiha
niya ang PStar publisher and writer. Karon, ang columnist and publisher sa PStar niingon na idismiss ang kaso kay alkanse
sila. Why? Kay ang Presidente, immune from suit. If way basis ang kiha sa Presidente, di sila ka batog sa President. Ingon si
SC, the matter of invocation of immunity from suit is personal to the President. Therefore, di sya magamit na defense sa gikiha.
It is the perogative of the president to invoke that immunity or waive it, so that your counterclaim, in case the President’s sues
you, may proceed against the President notwithstanding his immunity from suit.
ELECTION OF THE PRESIDENT
I. Qualifications
Natural born citizen, at least 40 years of age on the day of election, registered voter, must be able to read or write, and at least
10 years of residency in the Philippines
II. Chosen
2|Page
LABAN LANG.
Together with the Vice President, they are elected by the ppl nationwide
III. Term
It is 6 years without re-election. Whether or not he can run for re-election if he does not finish his term, that is for the SC to
decide.
Estrada case: Dismissed by the SC on the ground that it became moot and academic when Estada was not elected.
Can the President hold office more than 1 term? Yes. This is only applicable when the President, the successor, who was
a former VP, has serve not more than four years. If he serve more than four years of the term of his predecessor, he is
disqualified to run for re-election.
In the case of Arroyo, she only assume the 3 years unexpired term of Estrada. That was the reason why she was qualified to
run for for President, and was elected as such. She was able to serve 2 terms as President - as successor, and as President
herself.
IV. Election returns of the P / VP
Who canvass the election returns of the President and VP? Congress.
In case of a tie, it is going to be decided by the Congress in a joint session by majority votes, voting separately.
V. Election protest on the P / VP
If there is any contest regarding the election returns, or the qualifications of the President or VP, where do you file your election
protest or a petition for a quo warranto?
Regular or ordinary election protest - When you file your election protest on grounds of fraud or anomalies in the conduct of
election, or on the anomalies in the preparation of the returns
Quo warranto proceeding for disqualification - If the question is on the qualification of the P/VP
All these petitions will be filed at the Presidential Electoral Tribunal, acted by the SC.
Makalintal v. PET: Is it constitutional for the SC to act as the PET since the Constitution prohibits the SC from exercising quasi-
judicial functions? SC said there is no violation since this exercise of power as PET to determine the election protest/quo
warranto proceedings is not a quasi-judicial but a judicial function.
It is also beyond cavil that when the Supreme Court, as PET, resolves a presidential or vice-presidential election contest, it
performs what is essentially a judicial power. In the landmark case of Angara v. Electoral Commission, Justice Jose P. Laurel
enucleated that it would be inconceivable if the Constitution had not provided for a mechanism by which to direct the course of
government along constitutional channels.
What would then be the effect if the election protest is still pending sa PET, and kato ni file ug election protest, nibalik sa iyang
trabaho as senator?
A. When Miriam Santiago ran against Ramos, she filed an election protest against the latter. Gilaayan na tali syag hulat kay
dugay kaayo mahuman ang protest. At that time, she was still an incumbent senator, nibalik sa iyang pagka senador. Unsay
effect sa iyang pagbalik sa iyang trabaho isip senador?
SC said by that, she is considered waived/abandoned/withdrawn her protest. Case dismissed.
B. Senator Legarda filed an filed an election protest against Castro. Pagkatapos, sa sunod election, pending pa iya kaso,
nidagan sya pagka senador. Daog siya. What was the effect of her running for Senate? SC said, like the case of Santiago, that
means Legarda effectively withdrawn her protest when she ran in the Senate, which term coincides with the term of the Vice
Presidency.
3|Page
LABAN LANG.
VI. Succession
Vacancy may happen before P assumes presidency or during P’s incumbency. Vacancy may also be temporary or permanent.
A. A vacancy was created before assumption of office
Supposing no President was elected due to a tie, a question of qualification, or wala juy napili.
Who will then act as President? Vice President-elect shall act as President.
If no VP-elect? Senate President.
No Senate President? Speaker of the House
B. Elected President died before assuming office
Who will then be the President? VP will become the new President
No VP? Senate President will only act as President
No Senate President? Speaker of the House
C. No P and VP chosen
The Congress will immediately convene and call for a special election.
D. P and VP assume office
In this case, vacancy can be permanent (caused by death, resignation, impeachment or permanent disability) or temporary
D1. Permanent vacancy due to death, etc. of P
VP will become the new P

No VP? Senate President will act as P.
No SP? House Speaker will act as P.
If not available immediately the Congress (kay vacant man ang P and VP) will convene for a special election in order
to elect a new P and VP.
D2. Vacancy happened less than 18 months before the next regular election
No election. SP will act as President
D3. Permanent vacancy due to death, etc. of VP
P will nominate from Congress to be chosen by majority votes by the members of Congress voting separately.
D4. Temporary vacancy of P
Temporary vacancy happens during incumbency. Muingon ang Presidente sa Congreso, “Gikapoy naman ko. Mu-
leave sa ko.” Automatically, the VP shall act as P.
D5. Temporary disability of P
Only Congress can declare the temporary disability of the President. How? It has to be initiated by majority of the
Cabinet members. They will then report to the Congress. “Murag temporarily dili pa maka-perform ang Presidente”.
Upon reporting, the VP immediately act as President.
The President can dispute this. He can say, “Contrary to the claim of my Cabinet members, I am sane and able still to
perform”. Automatically, he re-assumes his functions as President.
4|Page
LABAN LANG.
If mu-insist gihapon ang majority sa Cabinet for the 2nd time, muingon sila sa Congress “dili na tinuod ng giingon sa
Presidente kay ga yaw2x ra na sya sya ra usa”, Congress then has to decide in a joint session, 2/3s votes of both
houses, voting separately, declaring the President under temporary disability.
Estrada v. Diserto: Estrada said he did not resign and was only on leave so he send a letter to the Congress and
gusto niya ang Congress I declare sya under temporary disability. Nya di man mulihok ang Congress. Ana sad ang
SC na niresign naman sya. When can the SC question the discretion of the Congress? The question whether the claim
of temporary disability of Estrada is a political question beyond the SC’s power of review. The decision that President
Arroyo is the de jure President may be made by a co-equal branch of Gov cannot be reviewed by SC.
Again, on temporary disability, you can only be declared as such when there is a report in the 2nd time? Kinsa ang
mu-report? Majority of the Cabinet members
POWERS OF PRESIDENT
I. Political qualified agency or the Alter-ego doctrine
You have the President as the Head of State. He has the Cabinet members as his family, regular. The Cabinet members can
be with porfortlio (regular Cabinet members, permanent position) or without portfolio (dili regular position).
Political qualified agency or the alter-ego doctrine means that the act of the subordinate, like a Cabinet secretary, is considered
as the act of the President coz the secretary is the alter ego of the president, unless the act of the secretary is set aside, nullified
or modified or reprobated by the president.
For example, DOT Secretary decides to close Boracay or El Nido. Their decisions are considered decisions of the President
himself. The Secretary is considered an agent of the principal, the President. It was as if it was the decision of the President
unless the President will reverse or nullify it.
This is relevant especially in the case of Trillanes. The amnesty papers of Trillanes that were shown to the media were signed
by the Secretary of the National Defense. Ang Secretary of National Defense is an alter ego of the President, so it was as if it
was the president who signed the grant of pardon.
That is the general rule. The act of the Secretary is considered as the act of the President.
Take note that there are powers of the President that are non-delegable. This means that even if approved by the President, it
is considered as invalid if exercised by a delegate.
1. Declaration of Martial Law

2. Suspension of the privilege of the writ of habeas corpus
3. The grant of amnesty, pardon, commutation and reprieve (the exercise of executive clemency)
Constantino v. Cuisia: There are certain constitutional powers and prerogatives of the Chief Executive of the Nation which
must be exercised by him in person and no amount of approval or ratification will validate the exercise of any of those powers
by any other person. Such, for instance, in his power to suspend the writ of habeas corpus, proclaim martial law, and the
exercise by him of the benign prerogative of mercy (pardoning power). That is exclusive to the President.
The grant of pardoning power of the President to the Secretary of the National Defense is questionable, because this is a non-
delegable power of the power.
Resident Marine Mammals v. Reyes: Ni sign si DOE Secretary Reyes ug contract with the Japanese to explore the Tanon
Strait for that purpose. It was questioned, and SC said it was invalid because klaro ang Constitution that the power to enter into
contracts in connection with exploration, development and utilization of natural resources belong to the President. It is non-
delegable. The doctrine of qualified political agency may not be validly invoked if it is the Constitution itself that provides that
the act should be performed by the President no less, esp. when what is involved are natural resources.
II. Appointing power
5|Page
LABAN LANG.
President appoints personnel to key positions in the Government. By nature, it is executive. There are certain appointments
that must be conferred by the Commission of Appointments.
Sec. 16, Art. 7. The President shall nominate and, with the consent of the Commission on Appointments, appoint the
heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces
from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution.
He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law,
and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or
boards.
Appointments that need the consent of the Commission of Appointments:

1. Heads of the executive departments (Cabinet Secretaries)
- Exception: When the VP is given a Cabinet position, it does not need a confirmation by the CA
4. Ambassadors, other public ministers and consuls
5. Officers of the armed forces from the rank of colonel to general (in so far as the Army is concerned), or naval captain
to admiral (in so far as the Navy is concerned), and all other positions equivalent to the ranks mentioned
- The PNP is not a member of the AFP. Promotion of the PNP to General does not need confirmation of the CA
- Coast guards. Before, under sa Navy. Karon, sa Dept of Transportation na. Therefore ilang appointment and
promotion does not need confirmation from the CA
6. Other officers whose appointments are vested in the President by the Constitution
- Regular members of the Judicial and Bar Council (JBC)
• Who are regular members of JBC?
• Member representing the regular sector
• Member representing the IBP
• Member representing the academe
• Retired justice of the SC
- Appointment of Commissioners (COMELEC, COA, CSC)
There are two classes of appointments: regular and ad interim
1. Regular appointment made while the Congress is in session
These are appointments made by the President while the Congress is in session
When the appointment is permanent, and done in a regular session, the President has to submit the nomination to the
Commission of Appointments (CA). Katong first four appointments. The CA will immediately act on it within 30 days. If the CA
cannot act on it within 30 days, the nomination of the President is considered bypassed.
What will the CA do?
If conferred by the CA, then the appointment of the President is permanent. He issues a commission with the appointment
papers. The Secretary conferred will then take his oath of office.
If rejected by the CA (like DENR Secretary Lopez), the he is considered removed/fired/term expired kay wala man sya ma
confirm sa CA.
Can he be re-nominated? No. He cannot be re-nominated to the same position. But he can be nominated to a different
position.
If bypassed by the CA, can she be re-nominated? Yes.
6|Page
LABAN LANG.
2. Temporary appointments made while the Congress is in session
Congress is in session but the nomination of the President is only temporary. Acting capacity ra.
Does he need to submit the nomination to the President? No, kung temporary/acting capacity ra.
Pimentel v. Office of the Executive Secretary Ermita: The law allows the President to make such acting appointment. The
president may even appoint in acting capacity a person not yet in the government service as long as the President deems the
person competent.
When it is an acting appointment, it is temporary in nature. It is a stop-gap measure intended to fill an office for a limited time
until the appointment of a permanent occupant to the office. In case of vacancy
in an office occupied by an alter ego of the President’s choice as acting secretary, before the permanent appointee of her
choice could assume office. It may be extended any time. There is vacancy, given that the Congress is in session.
Dili magkinahanglan ug confirmation sa CA if temporary/acting position ra.
3. Ad interim appointment or recess appointment made while Congress is in recess
Permanent appointment but the appointment is made by the President while Congress is in recess.
The appointment is permanent but the effectivity is limited if not conferred by the CA upon its resumption of session.
It is temporary in the sense that it is effective only until it is disapproved by the CA upon resumption of its session. If bypassed
for example, not conferred or rejected by the CA during the resumption of the session of Congress, then it is understood that
the appointment is effective until the next adjournment of session of Congress. Kutob ra sya sa next adjornment.
Can he be re-nominated by the President? Yes because it was merely bypassed by CA.
Again, ad interim are permanent appointments but the effectivity is limited. At most until the next adjournment of Congress if
the appointment is not acted upon by the CA.
3. Can an Acting President make appointments? Yes, unless revoked within 90 days upon assumption of a regular President.
Otherwise it is final. If revoked, you are not fired but merely considered as an expiration of term of office.
4. Midnight apppointment is prohibited
When the President makes an appointment within 60 days immediately before the regular presidential election or until his term
expires. If padung na gani ang presidential election, the president, within 60 days, cannot make any appointments.
That’s what happened to Corona. Aquino got mad because he was forced to accept Corona as CJ of SC because he was
appointed when the term of Arroyo was expiring, and within the midnight period/60 days before the presidential election.
De Castro v. JBC, Soriano v. JBC, etc: Was Arroyo wrong for appointing Corona within the midnight period? SC said that the
prohibition under Art. 7, Sec. 15 of the Constitution against presidential appointments immediately before the next presidential
elections and up to the end of the term of the outgoing president does not apply to appointments in the SC. Any vacancy in the
Supreme Court must be filled within 90 days from its occurrence, pursuant to Section 4(1), Article VIII of the Constitution. If
magpaabot pa ka sa sunod na President, dugay ang appointment, it might prejudice the judiciary which is incomplete without
a CJ.
Although Valenzuela came to hold that the prohibition covered even judicial appointments, it cannot be disputed that
the Valenzuela dictum did not firmly rest on the deliberations of the Constitutional Commission. Thereby, the confirmation made
to the JBC by then Senior Associate Justice Florenz D. Regalado of this Court, a former member of the Constitutional
Commission, about the prohibition not being intended to apply to the appointments to the Judiciary, which
confirmation Valenzuela even expressly mentioned, should prevail. Had the framers intended to extend the prohibition
7|Page
LABAN LANG.
contained in Section 15, Article VII to the appointment of Members of the Supreme Court, they could have explicitly done so in
the Constitution.
5. If you are the President, you cannot appoint your relatives, collateral or by affinity in the 4th civil degree, in key positions of
the Government like Cabinet secretaries, Ombudsman or deputy ombudsman, or government owned - or controlled -
corporations.
You can appoint your girlfriend as the CJ of the SC. There’s no prohibition on that basta di sya asawa.
6. Removal from office
Implied power of the power of appointment is removal from office. If the president has the power of appointment, he can remove
that government official.
Gonzales v. Ochoa, Sulit v. Ochoa: If the President appointed you, there’s no reason why he can’t remove you from office.
But Gonzales was an Deputy Ombudsman, it will undermine the independence of the Ombudsman. SC said that except for this
appointment of the Ombudsman, he cannot be removed by the President without violating the independence of the Office of
the Ombudsman.
Judges cannot also be removed by the President to maintain the independence of the judiciary. Only the SC can dismiss
judges. Justices of the SC are only removable through impeachment.
All the rest of the appointments made by the President can be removed by the same.
III. Power of control and supervision of the President over the Executive dept
Because he is the head of the Govt and Chief Executive, he has control and supervision over all government officials under his
office, and all government offices under the Executive branch.
Control vs. Supervision: Control is when the president can change the decision of the subordinate and discipline those
officers under his control. In supervision, he only oversees the officers to make sure he performs his functions in accordance
with law and ensure that the laws are faithfully executed. The powers of the president over LGU is merely supervision. He has
no control over it.
Power of control includes reorganize the national government
Grounds or reasons for reorganization: efficiency, economy, and simplicity
This includes the power to group, consolidate bureaus and agencies, to abolish offices, to transfer functions, to create and
classify functions, services and activities and to standardize salaries and materials. It is limited to transferring functions and
agencies from the Office of the President to the departments or agencies or vice-versa.
Who creates the offices as a matter of rule? Congress because it is Congress who appropriates funds for the operation for the
offices.
Biraogo v. The Philippine Truth Commission: For as long as it does not involve appropriation, the President has the power
to create an office such as the PH Truth Commission. Wa man nagkailangan ug appropriation kay ang budget will be taken sa
appropriation from the Office of the President. There is no violation of the separation of powers.
If it is the congress who creates the office then it is understood that it is congress who can abolish it. But take note —
Buklod Ng Kawaning EIIB v. Zamora: SC said that the President as part of his power of control over the executive dept can
reorganize and inactivate or abolish an office.
IV. Commander in Chief powers
8|Page
LABAN LANG.
The President is also the highest military authority but remains a civilian authority. That is in his capacity as the Commander in
Chief of the AFP.
What are the powers of the President?

1. Declare Martial Law
7. Suspend the privilege of the writ of habeas corpus
8. Calling out powers - calling the AFP whenever it becomes necessary to suppress or prevent lawless violence, rebellion
or invasion
9. He reviews the decisions of court martials
Lacson v. Perez: The declaration of the President of a state of rebellion during or in the aftermath of the May 1 siege of the
Malacanang is not violative of the separation of powers because the President, as the Commander in Chief, may call upon the
AFP to suppress or prevent lawless violence, rebellion or invasion. It is calling out power to seek assistance from the military
to assist him in the implementation of laws or to make sure laws are faithfully executed.
Sanlakas v. Executive Committee: The President’s authority to declare a state of rebellion springs in springs in the main from
her powers as chief executive and, at the same time, draws strength from her Commander-in-Chief pursuant to her calling out
powers.
The calling out power is simply calling the military to assist the president in the discharge of his function.
Is this power delegable to a local chief executive like the governor of maguindano? The Gov began to call out the military and
telling the military what to do.
Kulayan v. Tan: The calling out powers, as contemplated in the Constitution, is exclusive to the President of the Philippines
as commander in chief, and a provincial governor is not endowed with the calling out powers of the AFP at its own bidding. It
ruled that only the president is authorize to exercise emergency powers as provided in sec. 23, art. VI, and the calling out
powers under sec. 7, art. VII of the Constitution. While the president exercises full control and supervision over the police, a
local chief executive such as a provisional governor only exercises operational supervision over the police, and may exercise
control only in day-to-day operation. As discussed in the deliberation of the ConCon, only the president has full discretion to
call the military when in his judgement it is necessary to do in order to prevent or suppress lawless violence, rebellion or
invasion. (1:01:57)
What are the parameters to the President’s Declaration of Martial Law or Suspension of Writ of Habeas Corpus?
- Calling out military Powers: All that is needed
“Whenever it becomes necessary” such as when the President needs the military to suppress or prevent events like lawless
violence, rebellion or invasion.
REQUISITES (MEMORIZE):
1. When there is sufficient factual basis that there is rebellion or invasion.
2. There is sufficient factual basis to believe that Public Safety requires either the Declaration of Martial Law or
Suspension of Writ of Habeas Corpus or both.
3. There is a Probable cause for the President to believe that there is actual rebellion or invasion.
Take note: When the President finds PROBABLE CAUSE (SUFFICIENT FACTUAL BASIS) that there is rebellion or invasion
at the time, he has to declare “State or Martial Law” or “When Public Safety requires Declaration of Martial law or Suspension
of Writ of Habeas corpus or both”
What is “Probable Cause”?

 These are facts or circumstances that would lead or prove a man (President) to believe that there is “Probably a
Rebellion or Invasion” or “Probably When Public Safety requires Declaration of Martial law or Suspension of Writ of
Habeas corpus”. The President may declare “Martial Law” or “Suspend the Writ of Habeas Corpus”, but he must report
within 48 hours to Congress.
 The Congress must convene in a session. If they are not in session, in a “Joint Session”.
 Purpose: To REVOKE, NOT TO CONFIRM, because it does not need confirmation.
If the Congress decides to revoke the Declaration of Martial law/ Suspend the WRIT OF HABEAS CORPUS, what should
they do?
- Requires Majority Vote (VOTING JOINTLY)
9|Page
LABAN LANG.
- Even if ALL of the Senators are in favor of Martial Law, but the Majority of the HOUSE OF REPRESENTATIVES are not,
then it can be revoked due to JOINT SESSION (VOTING JOINTLY).
Can Supreme Court Exercise Judicial review even if there is pending deliberation of the factual basis of the declaration
of the Martial law or Suspension of Writ of Habeas Corpus in the Congress?
- Yes, it will not depend on the outcome of the deliberation of Congress Unlike before.
Ampatuan vs Puno: Supreme Court: SC held that “In fairness to co-equal branch of the Government, Ampatuan should wait
for the final deliberation of the Congress before he can go to the Supreme Court.”
Contrarily, in the present situation, it can be done simultaneously.
Summary: The Declaration of Martial of Law and Suspension of Writ of Habeas Corpus is subject to revocation by the Congress
by MAJORITY VOTE of both house and can be subject to Judicial Review by the Supreme Court. They can act independently
from each other.
Who can go to the Supreme Court?

 Any concerned citizen of the country even if he is not directly injured.
 BEQ: Differentiate the following:

- Determination of The Sufficiency of the Factual basis in Declaration of Martial Law and the Suspension of Writ of
Habeas Corpus to the President
Habeas Corpus to the Congress
Habeas Corpus to the the Supreme Court”?
President
 On the day of the declaration, PROBABLE CAUSE IS THE BASIS on the sufficiency of the facts that there is probably
an invasion or rebellion or when the public safety requires it. (Declaration of Martial law or Suspension of Writ of Habeas
Corpus)
Congress
 May not rely on the report of the President. They may even call witnesses in order to ascertain the SUFFICIENT
FACTUAL BASIS (operative keyword judge is always emphasizing) in declaring Martial Law or Suspension of Writ of
Habeas Corpus.
Lagman, who is a member of Congress, opposed and questioned the declaration of the President, can go beyond the report of
the President.
Supreme Court
Can they even go beyond the pleadings filed to the judiciary in determining the sufficient factual basis of the
declaration of Martial law or Suspending of Writ of Habeas Corpus by the President?
Answer: No, because it is a Court of Law since it is based on pleadings, reports, and files submitted by the President or any
opposition. Thus, Supreme Court cannot go beyond the reports submitted by the President.
TAKE NOTE: Lagman vs Milchagdea (Feb. 6,2018): This was the declaration of martial law in the whole Mindanao.
Issue: Should there be first a calling out of the Military before the President declares a declaration of Martial Law and Suspense
of Writ of Habeas Corpus?
Should there be a graduation of the exercise for the extraordinary powers of the President?
- This is the idea in the 1973 Constitution. There was a graduation of the exercise of the extraordinary power from benign to
the most potent.
10 | P a g e
LABAN LANG.
- Benign: Calling of Military and Suspend the Privilege of Writ of Habeas Corpus
- Potent: Declaration of Martial Law by the president
Held: Supreme Court said “Discretionary based on the President by determining the circumstances”. In other words, the
President did not first call the military and then suspend. (Pwede diretso na ang Declaration of Martial Law). The Supreme
Court ruled that they cannot review rules promulgated by Congress on the manner by request of the President’s
extension in the absence of constitutional violation.
What is clear is that the only limitation exercised by congressional authority to extend such proclamation or
suspension are:
1. Extension should be upon the President’s initiative.
2. It should be grounded on the persistence of Invasion or Rebellion and Demands for Public Safety.
-This is very in demand because the expiration date of the “Declaration of Martial Law” is on December 31, 2018. They are
saying that the Police is requesting the President to “Initiate to the Congress another extension”.
 It is subject to SUPREME COURT’S REVIEW TO SUFFICIENT FACTUAL BASIS ON THE PETITION OF ANY
CITIZEN.
- The courts strike down the president proclamation in the appropriate proceeding found by any citizen on the ground of “lack
of sufficient factual basis”.
They questioned “When the President called the Military to take over in Bureau of Customs, is it necessary to
implement Custom Laws?”
- The President asked for assistance of the Military to stop corruption that may amount to Lawless violence. Take note that
the Bureau of Customs is under the Department of Finance. (This is the justification for the situation stated above)
- The calling out Power of the President DOES NOT NEED TO BE REVIEWED by CONGRESS. This is not subject to
revocation by Congress.
Is the calling out Power of the President subject to Judicial review?

- Not subject to review by Judiciary.
Note: The Court may strike down the Presidential Proclamation in an appropriate proceeding filed by ANY CITIZEN on the
ground of LACK OF SUFFICIENT FACTUAL BASIS. Congress on the other hand, may revoked the proclamation or
suspension which revocation shall not be set aside by the President.
In reviewing the FACTUAL BASIS or sufficiency of the Proclamation or the Suspension, the Supreme Court considers only the
information and data available to the President prior to or at the time of the declaration. It is not allowed to undertake an
independent investigation beyond the pleadings so far, as the Supreme Court is concerned.
On the other hand, Congress may take into consideration NOT ONLY DATA AVAILABLE PRIOR TO, but likewise EVENTS
SUPERVENING THE DECLARATION.
Meaning “Data even after the declaration” may be taken into consideration by Congress.
Unlike the court, not to the look of the factual basis it covers as would be discussed below. Congress can go deeper and further
to the accuracy of the facts presented before it. Congress’ review is automatic in a sense that it may be activated by Congress
itself any time after the proclamation or suspension was made.
In addition, the Court’s review power is PASSIVE.
 It is only initiated in a filing of a petition in an appropriate proceeding by a citizen.
 The Supreme Court can simultaneously exercise its power of review with and independently from the power to revoke
by Congress corollary. Any perceived action in the part of Congress does not deprive or deny the Supreme court of his
power to review.
Among the 3 extraordinary powers, the CALLING OUT POWER OF THE PRESIDENT is most benign and it involves ordinary
Police action.
11 | P a g e
LABAN LANG.
The President may resort to “extraordinary power” when it becomes necessary to prevent/suppress lawless violence, invasion
or rebellion.
Thus, the Power to Review by the Supreme Court and the Power to Revoke by the Congress are not totally different but
likewise, independent from each other although concededly, they have the same trajectory which is THE NULLIFICATION of
the Presidential Proclamation.
Needless to say, The Power to review by the Supreme Court can be exercise independently from the Power of Revocation of
Congress.
The Power to Declare Martial Law and Suspend the Privilege of Writ of Habeas Corpus involves Curtailment and
Suppression of Civil Rights and Individual freedom.
Thus, the Declaration of Martial Law serves as a warning to citizens that the executive department has called upon the
military to assist the “Maintenance of Law and Order” while the emergency remains. The Citizens must under pain of
Arrest and Punishment, not act in a manner that will render more difficult to restore order and enforce the law, such the exercise
requires more STRINGENT SAFEGUARDS BY CONGRESS AND REVIEW BY THE SUPREME COURT.
A State of Martial Law is peculiar because the PRESIDENT such a time exercises POLICE POWER which is normally a
function of Congress. In particular, the President exercises Police power with the assistance to ensure Public Safety of
Government Agencies which for the time being are unable to cope in a condition in a locality which remains under the Control
of the State.
The So-called “Graduation of Powers” does not dictate nor restrict the manner by which the President decides which Power to
choose. It is beyond that power of Judicial review does not extend the calibrating of the President’s decision to which
extraordinary power to avail given the set of facts or conditions.
Duration of Martial Law: Up to 60 days
Upon the expiration of 60 days, without the extension, AUTOMATICALLY it is LIFTED.
If it will be extended, the PRESIDENT MUST INITIATE A REQUEST ON EXTENSION and CONGRESS must ACT
IMMEDIATELY on the EXTENSION. Only Congress can extend.
How many days after?

 INDEFINITE. There is No period indicated by the Constitution.
Take note: Lagman case
Is it still 60 days limit?

 NO, it could be more. (INDEFINITE)
In regards to the Suspension of Writ of Habeas Corpus, can a person be jailed indefinitely?
 NO. Based on the constitution, you will be only detained 3 days (within 72 hours) without the final judgement from the
court, you will be released immediately. If not, the military or police who detained you may be sanctioned with the
violation of “Arbitrary Detention”.
What if a person got detained more than 72 hours or 3 days, what will happen to him or her? (DURING SUSPENSION
OF WRIT HABEAS CORPUS)
 While a suspension is good for 60 days for a person without warrant who got arrested without being judicially charged
cannot be detained more than 72 hours or more than 3 days. In effect, it will extend the custodial investigation.
 If a person will be arrested during the Suspension of Writ of Habeas Corpus, it is a must that it is only for the reason to
crimes relating to DECLARATION OF MARTIAL LAW OR SUSPENSION OF WRIT OF HABEAS CORPUS (eg.
Rebellion)
12 | P a g e
LABAN LANG.
What if a person was detained due to the crime charge of “Rape”? Can he invoke that after 72 hours, he must be
released without a judicial charge or order from the court? (During Suspension of Writ Of Habeas Corpus or
Declaration of Martial Law)?
- No, he cannot invoke because only crimes relating to Rebellion, invasion, Declaration of Martial Law are considered in the
Suspension of Writ Habeas Corpus.
What is the “Privilege” being Suspended when the president declares a “Suspension of Writ of Habeas Corpus”?
 It is the privilege of the Court to review or inquire the legality of a person being suspended
 Layman terms “Kung madakpan or makulang gani ka without a warrant of Arrest, the Supreme Court cannot question
the legality on why you got arrested (Habeas Corpus cannot be questioned)”
BEQ: When is the Declaration of Martial Law being lifted?

 Upon the expiration of 60 days, it is automatically lifted without extension.
 When the President himself lifts the Declaration of Martial law before the expiration of 60 days
 When the Congress revokes the Declaration of Martial Law or Writ of Suspension of Habeas Corpus by
voting jointly
 When the Supreme Court declares it NULL and VOID via JUDICIAL REVIEW
PARDON POWER OF THE PRESIDENT

 Aka “Executive Clemency” or “The Power of Mercy of the President”
 The President can give Pardon, Amnesty, Commutations, Reprieves, Remission of Fine and Forfeatures
Pardon
 “SOLE DISCRETION OF THE PRESIDENT”
 It is NOT Subject to Appeal nor to Judicial Review.”
 Granted ONLY to PERSONS who ARE CONVICTED BY FINAL JUDGEMENT for ORDINARY OFFENSES.
 This can be applied in a CRIMINAL CASE or ADMINISTRATIVE CASE.
 Your CRIMINAL RECORD WILL STAY, CONVICTION STAYS
 Only that if you are still serving your punishment, you can be DISCHARGE IMMEDIATELY from prison and REFRAIN
from CONTINUING IT.
 DISCRETIONARY TO THE PRESIDENT
What if the person has already served maximum service of his penalty? What is the other benefit or Purpose of Pardon
that he/she can get?
 Together with the imprisonment term of your maximum service, there is still lies your ACCESSORY PENALTY.
Accessory Penalty effects:

 You cannot control or ascertain your conjugal property rights.
 Loss of Parental Control
 You are not allowed to work in any establishments.
 Public appointment or work in Public establishments
 Civil Interdiction
IF GIVEN PARDON by the PRESIDENT (benefits)

- ALL OF THESE ACCESSORY PENALTIES WILL BE REMOVED.
- You can be reinstated from your workplace instead if you are dismissed in your work when granted Pardon by the President.
- Your suspension may be forgiven and you can have your salary back.
- You can run for Public Office or for Appointment
- You will relieve by further inflictions of the punishment
Read the case of RISUS VIDAL vs ESTRADA

 This is the case of Estrada wherein two weeks after his conviction, he was given pardon by President GMA even if he
did not apply for it UPON THE CONDITION THAT HE WILL NOT RUN FOR PUBLIC OFFICE ANYMORE.
 Petitioner said “It is a Grave of Abuse of discretion towards the President because after so many trials and conviction,
he will be pardoned in the end. Sayang sa pera. ”
13 | P a g e
LABAN LANG.
 Take note: “Pardon” is discretionary to President. It is NOT Subject to Appeal nor to Judicial Review.”
 Only requirement: He was finally convicted regardless of his offense or conviction.
Held: Supreme Court said “In the case of Estrada, where did it state that He said that “I will not run for Any Position in the
Public Office Anymore.” that was signed in a paper by Pres. GMA and he made such a promise? It is clear from the start that
PARDON IS ABSOLUTE, and ACESSORY PENALTIES SHALL BE REMOVED.
Effect: Accessory Penalties is removed = He can run for Any position in the Public office.
Therefore, Pardon given by Pres GMA is VALID and ABSOLUTE.
Who is EXEMPTED TO PARDON/ CANNOT BE GRANTED “PARDON” BY THE PRESIDENT? (memorize)
 Cannot be granted to an IMPEACHABLE OFFICIAL who is CONVICTED IN AN IMPEACHMENT PROCEEDING.

 Cannot be granted to COURT PERSONNEL OR JUDGES who are disciplined by the Supreme Court.
 The President cannot grant pardon to THOSE WHO ARE CONVICTED WITH ELECTION OFFENSES WITHOUT
FAVORABLE RECOMMENDATION FROM THE COMELEC.
AMNESTY
 Granted by the President WITH THE CONCURRENCE OF THE MAJORITY OF THE MEMEBERS OF CONGRESS
(Concurrence = with the approval of Congress)
When can amnesty be granted?

- ANYTIME.
- BEFORE or even the case was filed in Court. (WAG MO NA HINTAYIN YUNG FINAL judgement of CONVICTION)
- AFTER THE CONVICTION.
BENEFITS OF AMNESTY
 CRIMINAL RECORDS ARE ERASED.
 As if no crime was committed
 Total obliteration of the crime was committed.
What condition precedent to would a person be granted with Amnesty by the President? (IMPORTANT)
 That HE ADMIT HIS GUILT because how can the sovereign state grant amnesty if he did not admit that he has wrong
the state. Therefor, it is a condition precedent to grant with Pardon.
Case: Trillanes
- It is not a “Pardon”. It is an Amnesty.
- Amnesty is granted to a person or class of individuals CHARGED WITH OFFENSES that are POLITICAL IN NATURE.
- Granted supposedly by the concurrence of the Congress.
- However, they now questioned the VALIDITY of AMNESTY because according to Malacañang Palace, it was first and
foremost NOT APPLIED FOR.
- There was NO EVIDENCE that HE APPLIED FOR IT,
- There is NO ADMISSION OF HIS GUILT. It was only written with the list of violations he committed wherein he did not abide
with some laws.
- It was only the Secretary of the Department of National Defense who issued the amnesty and there was no signature of
the President himself.
Can the President unilaterally revoke amnesty considering that it requires concurrence of Congress in order to grant
it?
- Currently, there are conflicting decisions of the Court. One in rebellion, and the other Coneda?
- One Court says that “The Grant of Amnesty (not categorically says that) is Valid” It means that the dismissal or reason
to Grant Pardon is valid and therefore there is no reason to issue a warrant and the case is already dismissed.
14 | P a g e
LABAN LANG.
- In the other court, it states that “The Grant of Amnesty is invalid yet no warrant was issued”. Ultimately then, it was
the Supreme court who should decide of the matter.
COMMUTATION
- Reduction of the Penalty one degree Lower.
- Eg. Death Penalty to Reclusion Perpetua (Article 71)
REPRIEVE
It is only the POSTPONEMENT OF THE EXECUTION OF DEATH PENALTY.
Eg. You are supposed to be executed this Saturday (December 25), yet due to the reason that it’s the start of Christmas, it will
be postponed and you will be executed on the next day.
REMISSION
Cancellation of fine that is imposed or the forfeiture of a privilege that you are enjoying.
Take note: Drilon vs CA
Section 21
- “Foreign Relations Powers of the President”
- The President is the SOLE ORGAN OF FOREIGN RELATIONS.
- We can enter into TREATIES & INTERNATIONAL AGREEMENTS, & Foreign Executive Agreements.
1. Treaty Making Powers of the President

- The Power of the President to negotiate and enter into treaties/international agreements NEEDED TO BE PASSED WITH
THE SENATE which have the following options:
2. Approve with 2/3 majority votes (agreements with the SENATE ONLY)
3. Disapprove of right or Approve conditionally with SUGGESTED AMENDMENTS which if renegotiated and
the SENATE’S SUGGESTION ARE INCORPORATED, the treaty will go into effect without further
Senate’s approval.
However, if renegotiated, THERE IS NO TREATY.
If there is conflict with the treaty and the Municipal Law, who would prevail?
- In Philippine Courts, it is ALWAYS the MUNICIPAL LAWS.
- In International tribunal, it is ALWAYS the TREATY.
It is the ULTIMATE POWER OF THE PRESIDENT to RATIFY/SIGN WITH OR WITHOUT THE CONCURRENCE OF THE
SENATE.
International Treaty vs Executive Agreement
 To bind the Republic, if it is a TREATY OR INTERNATIONAL LAW, it has to comply with the CONCURRENCE OF
THE 2/3 VOTE OF THE SENATE.
How about an “Executive Agreement”?

-Aka “Exchange of Notes”
- An “Executive agreement” provides only DETAILS of what has been AGREED in the Treaty by the President. It is not
permanent, merely transitory that would implement an existing agreement or international treaty.
Therefore, it does not require concurrence of the senate.
15 | P a g e
LABAN LANG.
Case: Bayan vs Ermita

- Talks about the VFA (Visiting Forces Agreement?)
- It requires no less that ANY INITIAL ENTRY OF FOREIGN TROOPS OF ANOTHER COUNTRY must have the
CONCURRENCE OF THE SENATE.
- This is the reason why even though it is only referred as an executive agreement, it must be concurred by the Senate.
- The effect of International Treaty on one hand and Executive agreement are the SAME. It binds the rights of the country in
international sphere.
Case: Saguisag vs Ochoa

- EDCA cooperation defense agreement is an EXECUTIVE AGREEMENT.
- Therefore, it was not concurred by the Senate, only signature of the President is required.
- Difference with VFA: There was NO INITIAL ENTRY OF FOREIGN TROOPS IN THE COUNTRY. US Troops are already
inside the country. All that is needed is to identify where they can stay and have some leisure.
2. The President as Sole Organ of International Televisions

- The President has the power to appoint ambassadors, other public ministers and consuls.
- He has the power to receive consuls, ambassadors duly accredited to the Philippines.
- He can also contract and guaranty foreign laws in behalf of the Republic that does not need the concurrence of the Senate.
- It will only require the CONCURRENCE OF THE CENTRAL BANK or THE BANKO SENTRAL NG PILIPINAS.
3. The President has the power to deport aliens who are undesirable.
4. The President has the power to classify Public lands and sell the state. (Power of Supervision of Local Lands of the
state)
JUDICIARY
Sec. 1 Power to Settle Disputes

- Legal controversy involving rights that are legally demandable and enforceable.
- Power to determine Grave of abuse Discretion and to Assess Jurisdiction. (Expanded Judicial Review Power)
- This is also given to the Lower Courts (Expanded Judicial Review Power)
What are the requisites of a valid Judicial review? (MEMORIZE)

1. There must be an actual case or controversy.
2. It must be raised by the Proper Party.
3. This must be raised at the earliest opportunity
4. Question of Constitutionality must be the LIS MOTA OF THE CASE.
ACTUAL CASE OR CONTROVERSY

- Only Justiciable questions are subject to judicial review.
- Questions Pertaining to the legality or validity of the law passed by the Congress or the Act of the President.
- Eg. Marcos Burial (Ocampo vs Enriquez case)
- Held: Dismissed by the Supreme court because it is based on the “Discretionary Power of the President” on who will be
buried in the “Libingan Ng Mga Bayani”. The question was beyond the ambit of the judicial inquiry (POLITICAL QUESTION).
In order for the SC to exercise its power, it must be in a justiceable question in nature.
- Duterte’s decision to have the remains of Marcos’ to enter in LNMB is a political question and the petitioners failed to show
that they suffer a direct injury as a result of the burial of Marcos in the heroes’ cemetery They likewise violated the
“Doctrine of Exhaustion of Administrative Remedies and Hierarchy of Courts”.
- Petitioners should have sought for petition of reconsideration of the order on Marcos’ burial to the Defense Department or
the Petition first be read in the proper original trial court.
Justiciable Question vs Political Question
16 | P a g e
LABAN LANG.
Justiciable question pertains to LEGALITY OR VALIDITY OF A LAW. (There must be a Law in the Constitution as a basis)
- It is covered by the Judicial review.
- It has to be an ISSUE THAT IS EXISTING (Not “Moot and academic”) It is a right of Judicial adjudication from the filing until
it will be resolve by the court.
Political Question pertains to the WISDOM OF THE LAW. It refers to the Rationale or the Philosophical aspect of the law being
questioned.
Can a “Political question” be reviewed by the court?

-Yes, only in cases when there is An ALLEGATION of GRAVE OF ABUSE OF that POLITICAL DISCRETION amounting to
lack or excess of jurisdiction.
Moot and academic

- The accused accepted the benefits from the decision.
- Circumstances may be changed (Eg. Question on the validity of Martial Law)
- When Martial Law was issued, it was later lifted by the President himself.
- EXCEPTION: The SC may still review an issue that is MOOT AND ACADEMIC only TO ESTABLISH JURISPRUDENCE.
The Adjudication of the Supreme Court may be exercised when:

1. There is a GRAVE ABUSE OR VIOLATION OF THE CONSTITUTION
2. The exceptional character of the situation and the PARAMOUNT PUBLIC INTEREST is involved.
3. When the Institution requires FORMULATION AND CONTROLLING PRINCIPLES to guide the bar and the bench.
4. The case is capable of REPETITION YET EVADING REVIEW.
Who is the proper party?

- The one who suffers or directly injured, or in the imminent danger of sustaining a Direct Injury.
- It can be direct or potential.
- IN OUR COUNTRY, WE ONLY CONSIDER “DIRECT INJURY PRINCIPLE”
If you are an ordinary citizen, can you question the validity of the law?
- NO, unless you are directly injured or in the imminent danger of sustaining a Direct injury.
Cite an instance where even if a party is not directly injured, he /she can be a proper party of the case or issue as an
ORDINARY CITIZEN:
1. Declaration of Martial Law (Factual basis of the Declaration of Martial Lawor Suspension of Writ of Habeas
Corpus)
2. Validity of the ratification of the Constitution
3. Environmental cases
TAKE NOTE: RESIDENT MAMMALS VS Secretary of DOE

- The Rules and Procedures for Environmental cases allows the filing of a “Citizen Suit”
What is a citizen suit? (IMPORTANT)

A Citizen suit allows any Filipino citizen to file an action for the enforcement of environmental law in behalf of Minors, or
generations yet unborn. It is essentially a representative suit that allows persons who are not real party of interest to institute
actions in behalf of the real party of interest.
In this case, it is the DOLPHINS or the WHALES WHO has been represented by Steward (Humans) in protecting their interest
due to the exploration the Tañon Strait.
Basis: Right of People for A healthful ecology (Article 2)
Arigo vs Swift
17 | P a g e
LABAN LANG.
Locus standi (Legal Standing)

- EXCEPTION: The Requirement of a Proper Party may be set aside as a MERE PROCEDURE TECHNICALITY when the
issues raised are PARAMOUNT TO PUBLIC INTEREST or of TRANSCEDENTAL IMPORTANCE.
- The Supreme Court may waive LOCUS STANDI by its own discretion even if the petitioners failed to show direct injury under
the “PRINCIPLE OF TRANSCEDENTAL IMPORTANCE” OVERREACHING the Public society that amounts to Public
interest.
When is a taxpayer considered a proper party?

1. When there is a disbursement of Public Funds
- Disbursement must be IRREGULAR OR ANOMALOUS that will deprive him of Misappropriation of Public funds.
2. When the law imposes exorbitant taxes tantamount to depriving him of his property without due process
of law
When is a VOTER a proper party?

- When it violates his right to vote.
When is a Member of Congress considered as a proper party?

- When the law IMPAIRS LEGISLATIVE PREROGRATIVE.
Can the Government be considered a Proper party to question the validity of its own laws?
- Yes, because according to the Supreme Court, with more reason, the government must be concerned that only the valid
laws are being implemented.
It must be raised at the earliest opportunity

- The soonest (in your pleadings).
- When you file a case in court, you must state it immediately in your pleadings or complaint.
What if you have failed to do that?

- You are not allowed to present that during the trial questioning the validity of the law.
What if the opportunity is during the Trial?

- Present evidence during the trial. Failure to do so, you may not be allowed to raise the constitutionality of the law on appeal
Exceptions:
1.When it is a criminal case.
2.When the issue is JURISDICTION.
3.When the CIVIL CASE cannot be decided on the merit without resolving first the issue of constitutionality
Eg. If there are other grounds to resolve the case aside from Judicial Inquiry.
The court will avoid touching the issue on questioning the validity of a law in deference to an act of co-equal branch of
Government.
Due to the principle of Separation of Powers, the Court must ask as much as possible or refrain from reviewing the
prerogatives of a co-equal branch unless it is clear that there is a grave abuse of discretion.
EFFECT IF THE LAW IS DECLARED UNCONSTITUTIONAL

- It is Void
- As if the law was not even Passed
- It creates no office, it affords no protection, it confers no rights nor imposes obligations.
- UNLESS IT WILL CAUSE AN INJUSTICE TO A PERSON because that law is OPERATIVE.
18 | P a g e
LABAN LANG.
DOCTRINE OF OPERATIVE FACT

- EXCEPTION TO THE GENERAL RULE
- It is an UNCONSTITUTIONAL ACT, not a Law
- It extends to VOID OR UNCONSTITUTIONAL EXECUTIVE ACTS of the President through the Administrative bodies
- Applied only in EXTRAORDINARY CIRCUMSTANCES
- When the law, before its declaration of unconstitutionality, would cause an injustice to a person who is affected by it.
WHEN TO APPLY OPERATIVE FACT DOCTRINE? (IMPORTANT)

 The Operative Fact Doctrine recognizes the existence of the law or executive act prior to the determination of its
unconstitutionality as an operative fact that will produce consequences that will always be erase, ignored and disregard.
It MODIFIES THE VOID LAW OR EXECUTIVE ACT, BUT SUSTAINS ITS EFFECTS.
 IT APPLIES ONLY IN EXTRAORDINARY CIRCUMSTANCES.
When Extraordinary Circumstances are met, the legislative conditions will permit its application to the DAP. Proceeds to
the Equity, and Fair Play. The consequences and issuances to the DAP will no longer be ignored or could no longer be adapt.
FISCAL AUTONOMY
To guarantee independence of Judiciary, it enjoys Fiscal autonomy.

- Annual appropriations cannot be reduced below the amount of the previous year even if it’s only a centavo, otherwise it will
be void or annual constituent act.
- If it void or unconstitutional, the Budget of the Previous Fiscal Year will be reenacted as far as the Judiciary is concerned.
- Once approved, it will be automatically released appropriately.
Secs 4- 7
 Supreme Court, Chief Justices, and Associates
Judicial Bar Council

- One who screens the appointments or nominees for Judiciary (judges, justices, ombudsman)
- NOTE: The Supreme Court is not barred from reviewing the nomination of JBC NOMINEES.
Take note: SERENO vs Solicitor General

- Valid reason of Sereno: She was nominated by the JBC, so why will the SC review her appointment?
- Held: Sc said that the JBC is under its supervision, therefore even if the JBC states that you have all the qualifications, THE
SUPREME COURT IS NEVER PRECLUDED OR BARRED FROM REVIEWING THAT RECOMMENDATION OR
FINDINGS of JBC.
COMPOSITION OF JBC (Memorize)

- Chief Justice (Ex officio Chairman)
- Clerk of Supreme Court (Secretary of Ex-officio)
Who are the regular members or representatives of the IBP?

- A professor of Law
- Retired justice of the SC
- A private sector representative
- Representative from Congress
- DOJ Secretary
19 | P a g e
LABAN LANG.
All of these members shall serve for 4 years with staggered terms
It is the President who shall appoint from the list of nominees for every vacancy in the judiciary.
What if there are several vacancies in the same department? (For example In Sandiganbayan)
There were 6 divisions created. (note 6 justices)
In each division, there must be an appointment of 6;
The problem is one of the participants is NOT A NOMINEE of that division but of other division
They are questioning the validity of the president’s actions on why did he get a nominee from another division?
TAKE NOTE: Aguinaldo et al vs Aquino
To meet the minimum requirement under the said constitutional provision of 3 nominees for vacancy, there must be at least 18
nominees from the JBC for the 6 vacancies of the Sandiganbayan, Associate justice, but the minimum requirement has
exceeded carrying because JBC has submitted for President’s consideration and authored of 37 qualified nominees pero
gibahin-bahin ni sya.
HELD: Supreme Court said that all the 6 newly appointed Sandiganbayan, Associate justices, met the requirement of the
nomination of JBC under ARTICLE 8, Sec 9 of the 1987 Constitution.
Hence, appointment of Lusni and Igo? As well as the other 4 new Sandiganbayan JUSTICES are valid and does not suffer any
constitutional intermittently? Aquino disregarded the clustering when he nominated 6 appointees.
Isa ra dapat unta.
President Aquino merely maintained the well establish practice when the paramount constitutional prerogative to appoint the 6
NEW SANDIGANBAYAN Associate Justices as it embodied in1 JBC List. This does not violate article 8 section 9 of the
1987 constitution which requires the president to announce from a list of at least 3 nominees by the JBC.
What if the “Preferred nominee of the President” was not in the list? Can he return the list to the JBC and choose his
appointee without referring to JBC’s list?
 NO, he cannot do that. His appointment is only limited by the list of the people mentioned in the list by the JBC will be
selected and no other choices.
SALARIES OF JUDGES AND JUSTICES

 Fixed by Law
 Cannot be decreased during continuance of office but It can be INCREASED.
 Members of the Judiciary are not exempted from paying taxes.
WHAT ARE THE CASES THAT ARE NEED TO BE HEARD EN BANC (meaning 15 justices or a quorum of 15 not less
than 8 justices are present)?
1. Cases involving constitutionality of treaties, International agreements, and international law.
2. All cases required to be heard EN BANC by the rules of court, APPEALS TO THE SANDIGANBAYAN,
and Constitutional commissions.
3. All cases involving constitutionality of Presidential decrees, divisions, orders, and instructions,
ordinances and other regulations
4. Cases where the majority of 3 was not obtained.
In constitutionality of the Laws, to deter it as such Unconstitutional:

 All you need is the majority of those who actually participated in the deliberation.
20 | P a g e
LABAN LANG.
So at least a quorum of 8 = 5 (Quorum of En Banc) You need majority (15/2 =7 +1)

15= you need 8
14 = you need 8
If there are 15 justices, you need 7
11 = you need 6
9 = you need 5
8 = you need 5
7 = there is no quorum, they cannot deliberate a quorum.
FAILURE TO OBTAIN QUORUM, WHAT WILL HAPPEN?

- The QUESTION OF THE CONSTITUTONALITY of the case will be DISMISSED.
- The VALIDITY OF THE LAW is sustained
All the cases I have mentioned can be decided EN BANC by a division of 3, there will be 5 divisions. If it’s a division 5, then
there will be 3. If they failed to obtain, Majority of 7 is 4, if it-s 6, then you need 4, If there are 5, then you need 4. If you have
only 4 and you are attaining the division of 7, you need no less than 3.
FAILURE TO OBTAIN THAT REQUISITE

 It will be decided by the Supreme Court En Banc
A division of 5, there must be 3; If there are 4, you need 3.

If it’s a division of 3 = unanimous
5. Cases of Supreme Court that modifies or reverses a doctrine or principle of law laid down either by the Supreme Court
sitting en banc or division.
 If they reverse the previous ruling or jurisprudence, example stated below
Case: Gerona vs Secretary of Education

- Saluting of Flag is a violation of their freedom of religion
- This decision was reversed in IBRULINA CASE
- How many votes needed to reverse: It only needs a majority vote of SC En Banc
6. Administrative cases to discipline a judge of a lower court.

7. Election Protest to the President or Vice president
2 cases decided ONLY BY DIVISION:

1. Must be decided by the concurrence with the majority who took part in the deliberation and would lead there on.
2. Majority vote by a division must be at least with 3 members.
ORIGINAL JURISDICTION
1. Cases affecting ambassadors and Public Consuls.
2. Petitions for certiorari, mandamus, Quo warranto and Habeas Corpus
APPELLATE JURISDICTION
 All cases relating to the validity of constitutionality of Presidential decrees, divisions, orders, and instructions,
ordinances and other regulations
 All cases involving tax imposed, assessment, or any penalty imposed in relation thereto.
 All cases in which the Lower Court is in issue
 Criminal cases wherein the Penalty imposed is Reclusion Perpetua or death
Note: If the imposed penalty is Death or Reclusion Perpetua, it must be addressed to the COA and not on the supreme court.
BEQ: IF The original jurisdiction will be reduced by the congress by ordinary legislation, would it be considered
valid?
21 | P a g e
LABAN LANG.
 NO, it cannot be reduced because it is provided only by the constitution.
BEQ: Can we increase the original jurisdiction?

 YES, IT CAN BE INCREASE BY ORDINARY LEGISLATION. There is no prohibition against it.
BEQ: WHAT ARE THE CASES SUBJECT TO REVIEW BY THE SC?

 Those provided by the constitution cannot be reduced by an ordinary legislation (You need an amendment to do
that)
BEQ (ALWAYS ASKED): CAN WE INCREASE APPELLATE JURISDICTION OF THE SUPREME COURT THAT IS
ALREADY STATED IN THE CONSTITUTION?
 NO, it does not have the concurrence or advise of the Supreme Court
 It must have the consent of The Supreme Court.
Thus, in the case of FABIAN VS DESIERTO

 All decisions made by the Ombudsman must have the appellation directly from the Supreme Court
 No need to undergo Court Of appeals
 Findings of facts are final
 What Supreme Court will determine is WHETHER OR NOT THERE IS A GRAVE ABUSE OF DISCRETION
AMOUNTING TO LACK OR EXESS OF JURISDICTION.
 Therefore, SEC 28 of OMBUDSMAN ACT IS VOID because it increases the jurisdiction of Appellate court without the
Consent of the Supreme Court.
Temporary Assignment of Judges

 That is their power as long as it is not more than 6 months , otherwise it must be with the consent of the judge.
Change of venue
 Because transferring venue of court might endanger the lives of possible witnesses if not, there might be a miscarriage
of justice because there is already a public perception that the accuse is guilty.
Where do you ask permission to change the venue of the trial?

 It is the Supreme Court that will decide on that.
__________________________________________________________________________________________
AFTERNOON MAKE-UP CLASS
This is now another power of Supreme Court in particular, this is a favorite in the Bar Examinations. This is what we call the
RULE-MAKING POWER of the Supreme Court – on Section XV of Article VIII (of the 1987 Constitution).
Paragraph 5 – the power to promulgate the rules. What are the rules that may be promulgated here?
1. Rules governing the protection and enforcement of constitutional rights.
2. Pleadings, practice and procedure in all courts.
3. Admission to the practice of law.
4. Governing the Integrated Bar of the Philippines
5. The Legal Assistance to the Underprivileged
Limitations to rule-making power should provide simplified and inexpensive procedure for the speedy disposition of the cases
which should be uniform for all the courts in the same grade and it should not increase, diminish or modify substantive rights.
Cases in the application of the rule-making power of the SC:

 GSIS vs The Heirs of Caballero (‘been asked in the Bar Exams twice)
 GSIS was sued by the heirs of Caballero because of the foreclosure of the property of the heirs of Caballero.
And then later, the court decided against the heirs of Caballero.
So, what did the GSIS do?
22 | P a g e
LABAN LANG.
 The GSIS then filed a counterclaim against the heirs of Caballero. The case however was dismissed because the GSIS
failed to pay the filing fees. According now to the GSIS, they are exempt from the payment of filing fees under the
existing law, meaning the law that created it. Issue: WON the Congress can pass a law exempting GSIS from the
payment of filing fees.
HELD: SC said, unlike the 1935 and 1973 Constitutions, which empowered the Congress to repeal, to alter or supplement
the rules of SC concerning pleading, practice and procedure, the 1987 Constitution removed this power from the Congress.
Hence, the SC has now the SOLE authority, meaning exclusive, to promulgate rules concerning pleading, practice and
procedure in all courts viewed from this perspective. The claim of legislative grant of exemption from the payment of legal
fees under Sec. 39 of RA 8291 necessarily fails. So it was decided against the GSIS.
 Estipuna vs. Rodrigo(has not yet been asked in the Bar Exams but who knows it might be asked in my exam.)
 This is a law - RA 9165 the Anti-Dangerous Drugs Acts that prohibits plea-bargaining. Judge Rodrigo
disapproved the proposed plea-bargaining that was made by the accused. The accused (Estipuna) here
wanted to plea bargain however because of the law, the Court cannot allow him to do so. So si Estipuna ang
akusado,si Rodrigo ang huwes, gikiha niya ang huwes kay ngano di man siya i-allow og plea-bargaining when
he said nga ang mas heinous pa, serious nga offense mu-allow ang balaod og plea bargaining, nganong dili
man mahimo sa RA 9165 especially nga kung ang iyahang accusations xxx drogas nga 0.01 – kagamay anang
0.01 as against rape or homicide or murder. And yet in those cases, plea bargaining is allowed.
HELD: SC: Sec. 23 of RA 9165 is unconstitutional for two reasons:
1) It violates equal protection clause since other criminals, rapists or murders are allowed to plea bargain but drug
offenders are not, considering that rape and murders are more heinous than drug offenses.
2) It violates the doctrine of separation of powers encroaching upon the rule-making power of the Supreme Court
under the Constitution. Plea bargaining is procedural in nature and it is within the sole prerogative of the Supreme
Court as part of its rule making power.
Now then, in the enforcement and protection of the constitutional rights of a person, the Supreme Court has the power to issue
rules protecting or enforcing constitutional rights. Supreme Court promulgated rules of writ of amparo, writ of habeas corpus,
writ of kalikasan, and recently the precautionary hold departure.
Writ of Amparo:
- Issued by the Supreme Court, not by the law.
- A right to enforce and protect a person’s guaranteed rights and recognized by the Bill of Rights.
- It is a remedy available to any person whose right to life, liberty and security has been violated or is threatened by
violation by unlawful act or omission of a public official or employee or of a private individual or entity.
- The writ covers extra-legal killings, enforced disappearances or threats thereof. Upon filing of the petition or at any
time before final judgment, the court justice or judge may grant any of the following reliefs.
What are the reliefs that a petitioner may ask while his petition for a writ of amparo is still pending with RTC, if
not with CA or with the SC, in order to protect his rights to life or liberty or security?
1. Temporary Protection Order: You will be placed in the protective custody of the Department of Justice. Arun
dili ka mahilabtan nga ikaw nga petitioner. The court justice or judge upon motion or motu proprio may order
that the petitioner or the aggrieved party and any member of the immediate family be protected in a government
agency or by an accredited person or private institution capable of keeping and ensuring their safety.
2. Inspection Order: Kung ang imong pagtuo nga imong parente gitaguan sa kampo sa military, di man kakasulod
kung wala kay warrant. So you ask for an Inspection Order. Imuhang pangayuon sa husgado ng ama kasud
ka sa kampo, di lang ka makasud, mu-inspect ka sa mga rooms sa kampo pag determine kung naa ba gyud
didto ang tao nga gitaguan that you are asking for a writ of amparo. The court justice or judge, upon verified
motion and after the hearing, may order any person in possession or control of a designated of a land or other
23 | P a g e
LABAN LANG.
property to permit entry for the purpose of inspecting, measuring, surveying or photographing the property or
any relevant object or operation thereon.
3. Protection Order: It is the protection that may be extended to witness. Katong Temporary Protection Order, sa
petitioner. Ang kaning Protection Order, kanang sa mga witness, arun dili mahadlok. For admission to the
witness protection, security and benefit program, pursuant to RA 6981.
4. Production Order: The order of the court to compel the person who may have the evidence or any entity that
may have the custody of documents or objects that may help resolve the problem in finding the person who
had disappeared. Or maybe those documents that misled the military to conduct surveillance on your person.
You may ask that those documents be produced in courts so that it will be properly addressed. The court justice
or judge, upon verified motion and after due hearing, may order any person in possession, custody or control
of any designated documents, papers, books, accounts, letters, photographs and the like, which constitute or
contain evidence relevant to the petition or the return to produce and permit their inspection, copying,
photographing by and in behalf of the movant.
These are the writs that you may ask while the case is still pending or even before final judgment is rendered by the court i n
the issuance of the writ of amparo.
Take note of the relevant cases.
Ang writ of amparo– i-apply lang nani mo in cases where there are complaints of violations or threatened violations of
your right to life, liberty or security. Walay apil ang property.
For example (Masangkay vs Del Rosario), you want to recover a property.
Ikaw na nangil ka sa Register of Deeds nga gi-sindikato ka nga ang Register of Deeds mismo ang nag-forge sa imong mga
dokumento nga mabalhin ang propertysa pangalan sa uban. Unya nahadlok na ka nga papahawaon na ka or otherwise
sunugon ang imong balay, arun mapugos ka og pahawa.
Can you ask for a writ of amparo?

 Answer is NO because the subject of your fear does not involve those rights I have mentioned. It is your right
to property.
Caram vs. Siegue: In a more recent decision, this is now the case. Ang kani siyang petitioner, iyahang gihatag ang iyang bata
didto sa DSWD, gi-abandon niya. She left the child to the custody of the DSWD.
unsa may gibuhat sa DSWD? Gipa-adopt ang bata. And now she changed her mind, she doesn’t want the child to be adopted
by another person. So, she wants to get back the child. Instead of filing a petition for custody or cancellation of adoption, ni file
siyag writ of amparo.
Held: SC said A petition for a writ of amparo is improper remedy to regain parental authority and custody over a minor
child who was legally put up in adoption.
Another point you must take note with writ of amparo, kanang writ of amparo, usually kinahanglan mag-involve of
gobyerno. So kung di ma-involve ang gobyerno sa pagkawa na sa tawo or sa pagkamatay kaha, dili ka pwede mu-apply og
writ of amparo. Pwede og writ of habeas data kay extraordinary remedy man ni siya. Extreme ra gyud ni siya nga remedyo.
For example, in a case, ang kani siyang tawo niadtog subdivision. Unya nagkaaway sila sa security guard sa subdivision.
Human anag pag-away nila, kanang tawo, wa nana kauli sa ilaha. Namissing. So, enforced disappearance. So ang ginikanan,
nangita na karon sa iyahang anak.
Ingon nila, as far as the CCTV is concerned, ang Makita ra gyudsa CCTV nga kani si tawo nag-away, naglalis sa security
guard. So ang mapasanginlan ana kay ang security guard. Pero nangayo silag writ of amparo. Mu-prosper?
HELD: Supreme Court said: DILI. Kay wala may kalabutan ang gobyerno sa pagkawala. It’s when only when the
government is involved.
24 | P a g e
LABAN LANG.
So it is possible (when) nireport ang ginikanan sa pulis, unya ang pulis, in cahoot with the security guard, wa mulihok. Gi-cover
up’an pa ang security guard. Then now you can ask for a writ of amparo kay nainvolve naman ang gobyerno.
Writ of Habeas Data:

- It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an
unlawful act or omission of a public official or employee or of a private individual or entity engaged in gathering, or
collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved
party.
So, ikaw, suspetsa nila – NPA ka or Abu Sayaff ka. So, ang military karun, base sa information, gisurveillance ka,
gisunud-sunod kag basin asa. What would then be your remedy?
 You may ask for a writ of habeas data. You compel the military to produce the papers. You ask the court: Order the
military, produce the information nga misleading, nga untruthful nga ako, NPA or ako, Abu-Sayyaf; the purpose of
which, if it is totally untrue, have it destroyed. If it is misleading, have it corrected.
Vivares vs. St. Theresa College: Gusto sa ginikanan nga katong mga litrato ngana-download gikan sa account atong mga
estudyanteng anaa nakuno sa kustodiya sa complainant nga gisubmit didto sa korte, nga i-uli kuno sa mga bata or kung dili,
sa mga ginikanan. Because, pagkuha kuno sa mga litrato was illegal. It violated the right to privacy of the students. Kay kuhaon
kunong mga litrato, wa nay basehan nilangai displina ang mga bata or higpitansilanga di maka-join sa ilahang ball or di sila
makamartsa sa ilahang graduation. Now, what happened? Gidismiss sa korte ang petition for writ of habeas data. Kay kuno
ang STC of katong mga maestra nga gipasanginlan – private entity man kuno. Dili kuno mu-apply ang writ of habeas data.
Held: This writ of habeas data is not only exclusive to government having custody of data and information that you
are asking to be produced. It even applies to private person or entity who may have custody of the information or is
having the power or authority to gather, collect, store this data or information.
Even STC of the teacher who may have in custody of those pictures can be compelled by the court through a writ of habeas
data to produce them, if they have them. Pero kung ang data imong gipangayo, involves government interest:
Marynette Gamboa vs. Chan (GR. No. 193636): Kuno gisurveillance ni siya nga mayor, kay kini kunong mayor, nag-maintain
kuno ni syag og CAFGU if nag-private army. So yung gibasehan nga information as search warrant was issued by the court
and it was confirmed that indeed, naa’y mga armed persons that was maintained by the mayor. So, she was investigated by a
committee. Pagkatapos, kani siyang mayor gusto niyang kuhaon to katong nakuha nga information kay kuno, ingon sa mayor:
“This is a violation of my privacy.”
Held: “the forwarding of the information by the PNP to the Zeñarosa Commission was not an unlawful act that violated
or threatened her right to privacy in life, liberty or security” as to entitle the petitioner to the writ of habeas data.
Kay nganu man?
 In the first place, the maintenance of private army is prohibited by law. No privacy then is violated in that case.
 That power (writ of habeas data) is given to the Supreme Court, RTC and the Court of Appeals to issue as part of its
rule-making power.
Decision-making
How are decisions made by the court?

 You have to state the facts and the applicable law and jurisprudence. May na to sa America, ang mudesision (if) guilty
or not – siya naman ang jury. Unya ang trabaho sa huwes is just simply to what? To impose the sentence, promulgate
ang sentensya. Ang dire sa Pilipinas, daghan kayo trabahuon, maminaw pa sa hearing unya magsummarize pa sa
facts.
(I have this case for a period of more than 10 years, pila ka buok iya records? 10 volumes. Unya kabalo ka pila katas iyahang
transcript of the testimonies of the witnesses. Ing-ana kataas. Hala isummarize kuno na.Mabuang kaha kag summarize. Bisan
nagbakasyon ko abroad, I have to bring. Mao na nakabug-at sa akoang… Kay because you have to summarize.I cannot also
delegate that to any persons. You have to do it yourself.Mao ra imo trabaho. Whenever there is an available time, you make a
summary of the testimony. Each and every witness because you have to state the facts. Mahimo pa unta nga way naka istorya
finding the accused guilty beyond reasonable doubt. …sentence to imprisonment, no less than, not more than, pagkasayo na
ana. Nawong pa daan kabaw naka. Madismiss pod ka ana, dili pwede. You have to state the facts and the applicable law and
jurisprudence.)
25 | P a g e
LABAN LANG.
(Take note:) There is an instance, na ikaw, didto ka sa Supreme Court, you file a petition, na pagkataas sa amoang preparasyon
na petition for certiorari kay wa mi nagkagusto sa order sa korte.
And so sa lower court, we have to file a petition to the appellate court.
Adto sa Court of Appeals, then adto sa Supreme Court. Mubuhat kag brief, that’s actually not brief. Kay pila na ka pages, tag-
200 ka pinka pages, may na lang gani karun kay naa nay limit sa number of words and number of pages. Ang (sauna), way
limit. Bahala na ka gdiskuksyon, copy and paste sa imo jurisprudence, that’s it. Hala karon… arang-arang pa tong sa Court of
Appeals, kay naay discussion. Abot na kas a Supreme Court. Sa sleepless nights nimog tinrabaho, you’ll receive a resolution
“for lack of merit, petition hereby is dismissed.” Kapait.One sentence ra sa pil aka pages nimo nga brief.
Now is this unconstitutional?

Supreme Court says: It is not.
Unsa may buot ipasabot sa SC nga dili siya unconstitutional? Ni-follow ba siya sa requirements on making a decision that must
state the facts and the applicable law and jurisprudence?
SC said: Of course, we followed.
How do you explain nga one sentence raman?

Mao nagitawag nga minute resolution. One sentence ra “for lack of merit, petition hereby is dismissed.”
SC said: Buot ipasabot, because this petition for certiorari is not a matter of right. It is discretionary of the Supreme
Court to give due course to it, or not.
Sa ato pa, kung miingon ang SC, nga way lamiang imuhang brief, imong apelasyon. Buot ipasabot, ingon ang SC,nga “we
apply, we adopt the decision of Court of Appeals in toto.”
So, the decision mismo sa Court of Appeals, naay discussion, nay presentation of facts, and applicable law and jurisprudence.
Sa ato pa, nay diskusyon. Nikopya or gi-adopt rasa SC ang decision sa CA. Pwede na? Of course, pwede. Because considering
that everything, every case will ultimately land to the SC.
Can you imagine if you have to discuss each and every fact of each case?
Kadagha nana, di na namahimo sa SC.
But when does the Supreme Court gives due course for a petition for certiorari? Meaning, ingon ang SC, “Hala file mog brief,
with your discussion.”Sa ato pa, gihatagan mog due course. Or otherwise, miingon sila, “without giving due course, submit your
brief within a period of time.” Pero as I was saying, kung muhatag og due course, take note, now the SC cannot just issue a
minute resolution. Now, the SC, even if it has to dismiss the petition, nonetheless, must state the facts and the applicable law
and jurisprudence.
Period of time within which to decide a case:
 Supreme Court – 24 months
 Court of Appeals – 18 months
 Lower Courts – 3 months.
Is it mandatory? No. It is not directory in the sense that…
Even if the decision is decided beyond the period prescribed, the decision is still valid. But mandatory in the sense that the
judge can be subjected to administrative sanction if decided more than the prescribed period.
The safeguards to guarantee independence to the judiciary:

 The SC is a constitutional body therefore you can only abolish if you revise the constitution or amend it. You cannot
have it abolished by ordinary legislation. The justices of the SC are removable only through impeachment. Therefore,
you cannot file a criminal case neither can you file a disbarment case any of the justices of the SC as it will circumvent
the security of tenure wherein the justices are removable only through impeachment.
 Their minimum jurisdiction both regional and appellate cannot be decreased by ordinary legislation.
 SC has exclusive administrative supervision over all inferior courts and personnel.
26 | P a g e
LABAN LANG.
 SC has exclusive power to discipline judges, justices of inferior courts. When you say security of tenure meaning for
as long as they’re in good behavior and sane, they will stay as justice or judge till the age of seventy. Justices of SC in
America are forever, perpetual, till they die. They are very particular in the appointment of their SC, federal SC.
 The members of the judiciary may not be designated to any agency performing quasi or administrative function.
 SC alone may initiate Rules of Court.
 SC alone may order temporary detail of judges.
 SC can appoint all officials and employees of the judiciary.
Constitutional Commissions
 They are the Civil Service, you have the Comelec and you have the Commission on Audit.
 They have to be independent from the Executive, Legislative or Judicial.
How do you maintain their independence?

1. They are constitutionally created and therefore they cannot be abolished by Congress.
2. Each is expressly described as independent.
3. Each is conferred certain powers and functions which cannot be reduced by Congress.
4. The Chairman and members cannot be removed except by impeachment. They’re impeachable.
5. The chairman and members are given a fairly long term of office of seven years.
What is rotational scheme in the appointment of commissioners in these constitutional bodies?

“You will note nga pag kadtung primero gyud, permiro gyud na mga appointees sa COA, Civil Service and Comelec, sa
Civil Service tulora, ang COA tulo ra ka commissioners including the chairman, sa Comelec pito. So, ang first appointee, say
Civil Service and COA, had seven years term. Second appointee, five years.Unya ang ikatulo na appointee, three years. So
pagka expire sa three years term, kadtung last nga na appointee, giilisan na siya after three years. Kadto siyang gi appoint, will
serve now for seven years. So there’s no vacancy that would occur in the commission notwithstanding the expiration of the
term of the co-commissioners kay staggered basis man ang ilang term due to the rotational scheme in the appointment of the
commissioners at the beginning of their appointments. So ang Comelec kay pito man, what happened? What happened kay
pito man sila? Ang chairman seven years, the second three commissioners for five years and the last three for three years.
Mao ng rotational.”
6. Their salaries are relatively high and may not be decreased during the continuance in office.
7. The commissioners also enjoy fiscal autonomy like the SC. Each commission may promulgate its own procedural rules
provided they do not diminish, increase or modify substantive rights or subject to the disapproval of the SC if it affects
procedure in the courts.
8. The chairman and members are subject to certain disqualifications calculated to strengthen their integrity.
9. The commission may appoint their own officials and employees in accordance with the civil service law.
What is the common disqualification if you are a commissioner of COA, Civil Service or the Comelec?
 You cannot hold any other appointment or employment.
 You cannot engage in the practice of your profession. If you’re a CPA, you can’t. If you’re a lawyer, you can’t.
 You cannot engage in the active management or control of any business which in any way may be affected by the
functions of their office. It’s prohibited.
 Cannot be financially interested , directly or indirectly, in any contract, franchise, privilege granted by the
government and any of its subdivisions, agencies, instrumentalities including GOCCs and their subsidiaries.
 Salaries are fixed by law and should not be decreased during their tenure. Decreases in salaries only affect those
members appointed after increase. Incumbent members do not lose any salary. Increases take effect immediately.
Civil Service
- Basically is the human relations

- central, personnel, agency
Scope (included in the jurisdiction of the civil service)

1. branches: executive, legislative and judicial
27 | P a g e
LABAN LANG.
2. Subdivisions, you have the different departments, bureaus and agencies, instrumentalities, agencies of the government
including the GOCCs (Government Owned or Controlled Corporations) with original charters meaning special law
creating it or it is with a special charter, chartered by a special law.
What’s the difference between agency or corporation owned by government without original charters?
They are governed by the Corporation Code and therefore subject not to the civil service law but the ordinary labor
law. Whereas, kung original charter na siya nga corporation, any complaints relating to employment adto ka sa civil service mu
complain. Pero kung ordinary corporation ra gani siya gipanag-iya sa gobyerno in its private capacity, ang mu govern is labor
law. Adto reklamo sa National Labor Relations Commission or the Department of Labor.
Examples of chartered by special laws (subject to civil service law):

 State Universities and Colleges
 Water districts
Appointments of the Civil Service could be:
 competitive – always based on merit and fitness to be determined by competitive examinations (ex. Civil service
eligible, certificate of eligibility)
- passing percentage: 82% because it’s very competitive
 non-competitive(no eligibility required)
 policy determining - that formulate a method of action for the government
 primarily confidential - more than ordinary confidence, close intimacy that ensures freedom of intercourse without
betrayals of personal trust
 highly technical – requires technical skills
Are next in rank rule given priority in the civil service?

No. It is not bound to appoint the person next in rank because the appointment is discretionary of the appointing
authority.
Classification of positions:
 carrier
- is based on merit and on competitive examination
- it’s always entitled to security of tenure which means that he can only be removed for cause after hearing
- when opportunity to advancement is available, he should be given the chance to be promoted
 non-carrier
- the entrance is based on other than usual test of merit and fitness (ex. Election)
- tenure is limited to period specified by law like three years term, co terminus because it’s confidential or limited
to the duration of a particular project for which purpose employment was made meaning after the end of the
contract or of the completion of a project that is being handled, then automatically their term expires. So in
which case, there is no promotion.
Civil Service security of tenure – if one has to be removed, take note , this is only enjoined by those holding regular and
permanent appointment where the legal cause is related to and affects the administration of office and must be substantially
direct, directly affects the rights and interest of the public.
So security of tenure to non-competitive is that enjoined?

Answer is no. There is no security of tenure for the non-competitive or the non-carrier.
The temporary employees are covered by the following rules:

1. not protected by security of tenure – can be removed anytime even without cause; he may be entitled to such protection
as may be provided by law
2. If you are an employee of government, you cannot engage in political partisanship. You cannot engage in any
electioneering or in any partisan political activity
What would this constitute?

 Cannot solicit votes in favor of a particular candidate
 Cannot give campaign contributions or distribute campaign materials
 But you are allowed to express views on political issues as part of your freedom of expression (Ex. You will
say ‘I am for my father because he’s a good person.’ Period. Di kay muingon ka ‘Uy kay akong papa nu maayo
man ng tawo, butahi intawn.’ That is electioneering)
28 | P a g e
LABAN LANG.
 Prohibition does not apply to department secretaries because they are the regular family of the president whose
position is political in nature
Another right of an employee in the government, can he strike, engage in concerted activites?
No. He cannot engage in concerted activities. He cannot strike.
Can he join a union? Yes he can.
Disqualifications:
 Kung ikaw kandidato sa election nya napildi ka, gi reject man gani ka sa mga tawo ngano gi-appoint man ka?
Politically, they are not allowed to be appointed within one year from that election.
 Elective officials not eligible for any appointment or designation in any capacity to any public office or position
during the tenure. Meaning kung ikaw mayor ka, dili ka pwedei-appoint ug consultant to the president. It is
prohibited, otherwise you will forfeit your being an elective official. You will lose your job.
The exception: may hold ex officio position (ex. Vice president elected siya, may be appointed as a cabinet
member, a congressman may sit in the judicial and bar council). To be eligible to hold any other office, the
elected official must first resign from the office. Even Congress cannot, by law, authorize the appointment of
an elective official.
Kung appointive ka, can you hold any other office?

As a general rule, the same, he can’t.
Exception: unless otherwise allowed by law or by the primary function of the position.
Case:
SC said in the case of Funa vs. Agra, the designation of Agra as acting secretary of justice concurrently with his
position of acting Solicitor-General violate the constitutional prohibition. It is immaterial that Agra’s designation was in
acting or temporary capacity. Section 13 plainly indicates that the intent of the framers of the constitution is to impose
a stricter prohibition on the president and the cabinet members insofar as holding other office.
Funa vs. Civil Service Commission– it is for violating, it’s unconstitutional for impairing the independence of the civil
service commission and for violating the rule against holding multiple government positions as well as the concept of ex officio
position.
Salary of government employees

Prohibitions applied to elected or appointive officers and employees:
 Cannot receive additional compensation.
 Double compensation is likewise prohibited
 Ex. Ni retire ni siya, early retirement pagkahuman nakadawat siyag iyang monthly pension, pagkatapos na
appointed na pud kay bata pa man siya, in the government. He works again with the government and receiving
salary.
 Question: Is there double compensation?
 Answer: No, because the other one the source is gratuity, pension. The other one is the compensation. Usa
ra ang iyang source of compensation.
 In other words, di ra gud sa gobyerno, among salary is standardized. Uniporme tanan. Kay gigraduhan man
mi, grade one, two, grade thirty-two, pinaka highest ang president grade thirty-two. Unless, kana siyanga
institution sa gobyerno exempted from the standardization. So ang opisino maoy magbuot kung pila ilang
sweldo. Like the financial institutions of government, kining mga bangko sa gobyerno, kana sila exempted na
sila sa standardization.
COMELEC
 There are seven members. You have a chairman and you have six members.
What is their function?
 By nature, administrative.
 Unya quasi-legislative pa gyud kay maka issue man nisilaug resolutions having the force and effect of laws for the
purpose of implementing or supervising election, the conduct of elections.
29 | P a g e
LABAN LANG.
 Also exercise quasi-judicial functions. It will serve as a judge in disqualification cases if not on election protests or
petitions for quo warranto. Either original jurisdiction or appellate jurisdiction.
 Term of office is seven years.

52:01
… term of office is 7 years.
POWERS
Is to enforce and administer all laws and regulations relative to the conduct of election, plebiscite, initiative, referendum and
recall. So its jurisdiction is original and appellate.
Exclusive original jurisdiction covers all.

All contest relating to the elections, returns and qualifications of all elective officials. This power is not limited to the election
period, it applies both criminal and administrative cases.
What else?
Mu register pa sila ug political parties under R.A 7941.
What are those groups that cannot be registered? (if possible, memorize)
1. Religious denomination or sects.

-but not applicable to political parties with religious affiliation or which derives their principles from religious beliefs.
2. Groups which seeks to achieve their goals through violence or unlawful means.
3. Groups which refuse to uphold and adhere to the constitution.
4. Groups which are supported by any foreign government such as; financial contributions related to elections if accepted it is
a ground for the cancelation of their registration.
Now on the rules of procedure, they can promulgate rules governing the conduct of elections.
On the grant of franchises, permits or special privileges or concessions specially during the election period.
Mangayo ka ug permiso pananglitan sa COMELEC the use of certain public utilities like media of communication or information,
grants special privileges or concessions granted by the government to any subdivision or agency or instrumentality of
government this can be done during the election period.
What is election period?

90 days before the day of the election and 30 days thereafter.
For special cases it is the COMELEC that fixes the period not Congress.
The grant of Pardon.

To those who violated election laws or committed election offenses must have the favorable recommendation from the Comelec.
Our Party System

Is it Uni-party, Bi-party, Multi-party?
It is Multi-party. It is free and open party sytem.
Kani-adtonkaabot pa mi anang Bi-party system ra. Ang mahitabo check-check lang ka. Ex. KBL (Marcos) vs kung knsa man
ang opposition. Block voting kani-adtokyduha ra ang party. Karon Multi-party system.
Original and Appellate Jurisdiction.
Ex. Ni dagan ka pagkaBrgy. Captain or kagawad then napilidi ka.

Asa man ka mu dagan? Imugi question ang conduct of election kykuno nag vote-buying or gi terrorize ang mga voters.
You go to MTC. First level courts. In an ordinary election protest.
Barangay Elective position
30 | P a g e
LABAN LANG.
Ex. Mu ingun ka, ah kanang Brgy. Captain, flying mana siya. Dli mana tagaamo-a. Taga lain mananglugar. So you are
questioning on the qualification of the one who won. Where do you file?
MTC. In a petition for quo warranto.
Two kinds of petition that you can file.

 Ordinary election protest or
 petition for quo warranto.
Municipal Official elective
Mayor, vice-mayor, sanggunian member
Where do you file your election protest or petition for quo warranto?
RTC.
Highly Urbanized
Ex. Province of Cebu.
For governor, vice-governor, city mayor or vice- city mayor, or member of the sanggunianpanlalawigan or panglunsod.
Where do you file?

COMELEC Manila
Original Jurisdiction nakarunsiyasa COMELEC.
Regional Autonomous region.

Governor and Vice-governor sa autonomous region, regional assembly members elected.
Where do you file?

Still COMELEC original jurisdiction.
Now, napildi ka sa MTC sa barangay na election protest. Where do you appeal?

COMELEC. Appellate jurisdiction sa Comelec.
Municipal official elective

Asa man ka mu dagan kung ma pildi ka sa RTC?
(where do you file for appeal)
Adto ka sa COMELEC-appellate jurisdiction.
Highly urbanized cities

Napilde sa COMELEC, asa dagan?
 to the Supreme Court. Human ka mu file ug MR sa COMELEC en banc kynganu man, ang tananngacasosa COMELEC
whether original or appellate kinahanglandecisyonansaCOMELEC, basta adjudicative ha ngacaso, in division not en
banc.
It is only once that COMELEC will decide in en banc if the matter is administrative in nature.
All adjudicative nature pertaining to an election dispute or contest has to be decided by the COMELEC division.
Unyalagiky g require man sa Constitution nga ang appellation gani didto sa Supreme Court kinahanglan ang decision en banc
so mao nang mu file ka ug MR sa decision sa division aron siya e resolve sa COMELEC en banc.
Let’s go back to
Barangay
Na pilde sa MTC. Ni dagansa COMELEC. Then napildi gihapon sa COMELEC. Asa pa man ka dagan? Wala na.
The decision of the COMELEC, in so far as Barangay election protest, is final and executory, unless there is allegation of grave
abuse of discretion amounting to lack or excess of jurisdiction then in which case you can go the Supreme Court but you still
have to file an MR to be decided by the COMELEC en banc.
So therefore the filing of an MR is condition precedent to the filing of a petition for certiorari to the SC.
Municipal Elective officials

Pildi sa RTC they go to the COMELEC. Napildi sa COMELEC. Where do you go?
31 | P a g e
LABAN LANG.
Wala na. Final and executory.

Except when there is allegation of grave abuse of discretion amounting to excess or lack of jurisdiction. Same with barangay.
Let’s go to
Province, Autonomous Region and Highly Urbanized cities.
Napilidi sa COMELEC. Where do you go?
You now appeal to the Supreme Court on certiorari, but you still have to file an MR. Do you understand?
Judge answered a question.

Regional Assembly is the legislature sa Autonomous region.
Take Note
In the fixing of elections
Who has the power?
Comelec, President, Congress?
Like postponement of elections. It is by law diba.
But if you postpone the elections, knsa mag buot?

 CONGRESS. Not Comelec.
Commission on Audit
Is the watchdog of government funds and expenditures.
So dli lang e keep watch ang kwartasagobernoilaha sad e guarantee should there be any expenditures of the money of the
government should be reasonable and not expensive.
How does COA do that?

 By audit. Simply checking before the money is expended or checking after the money has already been spent.
 Pre-audit and post-audit. Review.
Pre-audit they check kung apil ni siya sa budget, naa ni siya appropriation, is there available funds? Where do you ask?
Who is going to do this in the offices of the government?
There is an accountant in every office. There is a budget officer and accountant.
In requesting of the expenditure of money from that particular office, should pass through the budget officer. Check if
there is money. If there is, check if there is authority to spend the money.
The submit to the accountant.
Then the accountant says, what we are going to do here, mag bidding ta. Naay bidding, unsa mani siya, pila? -> More than
50,000. Bidding! Do you understand?
And then there is publication and all. There is the requirements. Step by step.
That is even before the money is spent.
Now can you imagine, that ang COA mismo mu-conduct sa pre-audit. Duplication na.
Unya pila ra man sila kabuok? 3,000 all over the country. Unsa pa man panahon nila to check other funding and other
expenditures. There are just too few of them to do this.
That is why, as a rule there is post-audit. Wala nay pre-audit ky total naa man internal audit mismo ang office sa government.
Now if there is pre-audit. It is requested specially kay dako kayo ang kwarta ang e spend. So they do pre-audit before the
money is released.
Ex. Government employee will go abroad at the expense of government. They will pre-audit it. Ky sus dakounya kayo kag e
refund.
However, generally it is not done in the government.
32 | P a g e
LABAN LANG.
There was now this law, requiring that before the money is spent it should be pre-audited. Of course this was objected to by
COA.
Take note of this case. De la Llana vs COA. Feb. 7, 2012
It says, there is nothing in the provision that requires that COA to conduct pre-audit of all government transactions and for all
government agencies. The only clear reference to a pre-audit requirement is found in Sec.2 par 1 which provides that the post-
audit is mandated for certain government or private entities which takes subsidy or equity and only when the internal control
system of an audited entity is inadequate. In such a situation, the COA may adopt measures including temporary or special
pre-audit to correct the deficiencies.
Hence, the conduct of pre-audit is not a mandatory duty that the Supreme Court may compel COA to perform.
This discretion on its part is in line with the constitutional pronouncement that the COA has the exclusive authority to define the
scope of its audit and examination. When the language of the law is clear and explicit, there is no room for interpretation only
application. Neither can the scope of the provision be unduly enlarged by the Supreme Court.
Ex. Na gasto na ang kwarta. Then it is anomalous. Lisud na kaayo pagkuha ug balik sa kwarta.
Who determines the scope of audit? - COA

The conduct of audit, knsa mag buot?
Is that an exclusive function of COA?
Can private auditor or accountant be hired to audit government funds?
In the case of DBP vs COA

 SC says it is not exclusive to COA.
This is what happened. Na ngutang ang DBP sa IMF during the time of Corry Aquino for the development of the country after
the Marcoses. Then one of the requirements sa pag grant sa utang nga kinahanglan ang pag gasto aning kwartaha will be
subject to audit by a private accounting firm. And so what DBP did was they hired an accounting firm to do the requirement of
IMF.
Now who is going to pay?

 It can’t be DBP. They were paid out of government funds for their professional fees.
Then what happened to the payment?

 It was disapproved by COA.
COA said, you hired and paid them when it was supposed to be our job. Why did you still hire them?
Now, who paid when it was disapproved by COA?
- It became the personal liabilities of the officials of DBP and so they went to the SC.
Held: The matter of conduct of audit is not exclusive to COA specially when in this particular case that it is a condition or
requirement for the grant of the international loan.
But when there is a conflict between the findings of a private accounting firm and COA. COA will prevail. Because they have
presumption of regularity in the performance of their duty as against a private accounting firm.
Now, question. Who is subject to audit?

Of course, the government. The money of the government.
Can the COA audit a private company?

 Of course, it can if it is receiving government funds like by way of subsidy.
 If they are collecting funds for the government like VAT, it can be audited.
Ex. A store be audited if it is collecting VAT, because VAT is government funds. Because once VAT is collected then they
become government funds and then subject to audit by COA.
33 | P a g e
LABAN LANG.
Take note: Common denominator among all the commissions, term of office is 7 years. Staggered basis man to permero no,
then the subsequent appointments kay kada commission ky 7 years.
Question.
Funa vs COA chair.
What happened here is this commissioner has served for 3 years in COA, then resigned. Pag bakante sa chairman sa COA ni
apply siya and he got appointed.
Issue: The question, is he qualified? Because the law says 7 years without re-appointment. Now this commissioner said that
he did not finish his 7 years. He only served 3 years. Is he qualified?
HELD: SC said YES, as long as he serves only the unexpired term of the predecessor or he can only serve not more than 7
years then imu e stitch ang 3 years that he already served. So, he would only be serving for four years nalang. If allowed to
serve for 7 years the staggered basis would be distorted of the rotational scheme in the appointment of commissioners and this
applies to all commissioners in the Civil Service, COMELEC and COA.
Again, this is subject to confirmation of the COA.
The 7 years re-appointment prohibition applies only to an appointment that is regular. Meaning it is an appointment that was
issued by the president while congress was in session and approved by the CA. Then in which case after the expiration of the
7-year term he cannot be re-appointed anymore.
Matibag vs Benapayo,
The appointment issued to Benepayo as chairman of the COMELEC was only an ad interim appointment so upon expiration of
his term. He can still be re-appointed. Because it was not a regular appointment.
34 | P a g e
LABAN LANG.

Constitutional Law Transcript - Nov. 19 (AM Make Up Class) - Incomplete

Hochgeladen von

Dokumentinformationen

Originalbeschreibung:

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Constitutional Law Transcript - Nov. 19 (AM Make Up Class) - Incomplete

Hochgeladen von

Copyright:

Verfügbare Formate

FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma Singco |S.Y.

1st sem (2018)

Transcribed by: Rodellas, España, Legaspi, Samaco, Samporna (PREFINALS)

RESIDUAL POWERS OF THE PRESIDENT

Residual powers are powers enjoyed by the President.

Privilege of immunity from suit:

Violation of law or offenses related to the performance of his duty:

Not suable as long as he is the sitting President.

IMMUNITY FROM SUIT

Writ of Amparo or Amparo Proceedings

Balao v. Macapagal-Arroyo: Amparo proceedings determine:

(b) accountability, or the measure of remedies that should be addressed to those

Read the Balao-GMA case!

ELECTION OF THE PRESIDENT

IV. Election returns of the P / VP

V. Election protest on the P / VP

SC said by that, she is considered waived/abandoned/withdrawn her protest. Case dismissed.

A. A vacancy was created before assumption of office

B. Elected President died before assuming office

D. P and VP assume office

D1. Permanent vacancy due to death, etc. of P

VP will become the new P

No election. SP will act as President

D3. Permanent vacancy due to death, etc. of VP

D4. Temporary vacancy of P

D5. Temporary disability of P

I. Political qualified agency or the Alter-ego doctrine

1. Declaration of Martial Law

II. Appointing power

Appointments that need the consent of the Commission of Appointments:

4. Ambassadors, other public ministers and consuls

There are two classes of appointments: regular and ad interim

1. Regular appointment made while the Congress is in session

What will the CA do?

If bypassed by the CA, can she be re-nominated? Yes.

2. Temporary appointments made while the Congress is in session

Dili magkinahanglan ug confirmation sa CA if temporary/acting position ra.

3. Ad interim appointment or recess appointment made while Congress is in recess

4. Midnight apppointment is prohibited

6. Removal from office

Power of control includes reorganize the national government

Grounds or reasons for reorganization: efficiency, economy, and simplicity

What are the powers of the President?

What is “Probable Cause”?

Contrarily, in the present situation, it can be done simultaneously.

Who can go to the Supreme Court?

 BEQ: Differentiate the following:

Is the calling out Power of the President subject to Judicial review?

Duration of Martial Law: Up to 60 days

Upon the expiration of 60 days, without the extension, AUTOMATICALLY it is LIFTED.

How many days after?

Take note: Lagman case

Is it still 60 days limit?

BEQ: When is the Declaration of Martial Law being lifted?

PARDON POWER OF THE PRESIDENT

Accessory Penalty effects:

IF GIVEN PARDON by the PRESIDENT (benefits)

Read the case of RISUS VIDAL vs ESTRADA

 Only requirement: He was finally convicted regardless of his offense or conviction.

Therefore, Pardon given by Pres GMA is VALID and ABSOLUTE.

Who is EXEMPTED TO PARDON/ CANNOT BE GRANTED “PARDON” BY THE PRESIDENT? (memorize)

 Cannot be granted to an IMPEACHABLE OFFICIAL who is CONVICTED IN AN IMPEACHMENT PROCEEDING.

When can amnesty be granted?