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Answer:
Residence is the physical presence of a person in a given area, community or country used to
indicate place of abode, whether permanent or temporary. Essential distinction between
residence and domicile in law is that residence involves the intent to leave when the purpose for
which the resident has taken up his abode ends.
Domicile denotes a fixed permanent residence to which, when absent, one has the intention of
returning. It requires the fact of residing or physical presence in a fixed place with the intention
to remain (Animus Manendi)” or Animus ravertendi or the intention of returning there
permanently when absent.
2. Differentiate Incompatible Office from Forbidden Office
Incompatible Office – No Senator or Member of the House of Representatives may hold any
other office or employment in the Government, or any subdivision, agency or instrumentality
thereof, including GOCCs or their subsidiaries during his term without forfeiting his seat.
Forfeiture is automatic upon assumption of such other office incompatible with his seat in
Congress. No forfeiture shall take place if the member of Congress holds the other government
office in an ex officio capacity.
Forbidden Office – Neither shall he be appointed to any office which may have been created or
the emoluments thereof increased during the term for which he was elected. The member of the
Congress shall be forever banned against appointment to the office created or the emoluments
thereof increased.
3. What is Coercive Jurisdiction
Compelling the attendance of absent members in either the house of representatives or the
senate within the country. In the case of Avelino v. Cuenco, SC held that there was quorum
even though only twelve senators were present because one was out of the country but the
other one was in the country but in the hospital. Hence, the absent senator in the Hospital was
compelled to attend because he was within the coercive jurisdiction of the Senate.
4. Differentiate Political Question v. Justiciable Question cite cases
Political Question is a question which is to be answered by the People in their sovereign capacity
where full discretion of authority is delegated either to the legislative or executive department. It
is a question of wisdom and not the legality of a particular measure. In the case of La Bugal B
Laan where the court ruled that it is a political issue that they are loath to interfere with the
actions of the separate branches. The limitation however is when there is a grave abuse
amounting to lack or excess of jurisdiction where the court can decide on the issue. This is the
additional power stated in the 1987 Constitution.
Justiciable question is a question of right that is legally demandable and enforceable which can be
resolved by an application of a particular law or jurisprudence. In the case of Francisco v. House,
Court ruled that it is a justiciable question as it involves an issue of constitutionality of a
particular measure which is the limitations imposed by the 1987 Constitution regarding the filing
of impeachment complaints. Hence, it is not only a power conferred upon the courts but a duty
to determine whether there has been grave abuse on either the executive or legislative
department
5. Discuss Marbury v Madison
Landmark case by the US Supreme Court which forms the basis of judicial review. The case
resulted from the petition of William Marbury, who was appointed as Justice of peace in the
district of Columbia but whose commission was not delivered. Marbury petitioned to enforce
the Secretary General of the State, James Madison, to deliver such commission. Court held that
the provision of Judiciary Act of 1789 which brings the legal claim of Marbury, as unconstitutional
as it purportedly extends the jurisdiction of the courts. Hence, the case was dismissed as it
generally extended the power of the Supreme Court. It established the power of the court to
exercise judicial review, to declare a law unconstitutional.
6. True or False Banat reversed Veterans
True. Banat reversed Veterans because the 2% requirement of RA 7941 was declared
unconstitutional. The case of Veterans provided the 20% requirement for the allocation of party
list congressmen in the House of Representatives membership and the 2% threshold which
provided that only those parties garnering a minimum of 2% of the total valid votes cast for the
party-list system are qualified to have a seat in the House. The case of Banat reversed the 2%
threshold as it frustrates the attainment of the permissive ceiling that 20% of the members of the
House of Representatives shall consist of party-list representatives.
7. Rules in Interpreting Constitution in Francisco v. House
1. Verba Legis – Wherever possible the words used in the Constitution must be given their
ordinary meaning, except when technical terms are employed
2. Ratio Legis Est Anima – The words of the Constitution should be interpreted in accordance
with the intent of its framers
3. Ut magis Valeat Quam Pereat – The constitution is to be interpreted as a whole.
8. Differentiate Lambino from Santiago Case
In the case of Santiago, Court ruled RA 6735, the law implementing people’s initiative on
constitutional amendments was insufficient as to constitutional amendments but sufficient for
enactment of statutes. The lambino case abandoned the ruling in Santiago providing the RA 6735
as sufficient for constitutional amendments but they did not comply, thereby dismissing the case.
9. True or False, Congress has the sole authority to enact laws
False. The People can enact laws through people’s initative. Constitution provides that where
constitutional amendments are to be directly proposed by the people, at least 12% of the total
number of registered voters of which legislative district must be represented by at least 3% of
the registered voters therein.
People can directly propose and enact laws or approve or reject any law by a petition signed by
at least 10% of the total number of registered voters which every legislative district must be
represented by at least 3% of the registered voters.
10. Discuss Immunities of Congress, discuss Jalosjos Case
1. Privilege from Arrest – A Senator or Member of HR shall in all offenses punishable by not
more than 6 years imprisonment, be privileged from arrest while the Congress is in Session,
whether regular or special. Hence it is not available while Congress is in recess. (Jalosjos was
arrested since his offense is imprisonment for more than 6 years.
2. Privilege of speech and debate – No member shall be questioned nor be held liable in any
other place for any speech or debate in the Congress or in any commitment thereof. However,
he may be held to account for such speech or debate by the House to which he belongs.
Remarks must be made while Congress is in session and in discharge of his official duties.
11. Discuss Substantive Limitation and Procedural Limitation of Congress in enacting a law
Substantive Limitation which restricts both the exercise of the power itself and the allowable
subject of legislation which are found in the Bill of rights. It may either be express or implied.
Express are those Bill of Rights, Appropriation law, Taxation. Implied are those prohibition
against irrepealable laws and non-delegation of powers.
Procedural Limitation prescribes the manner of passing bills and the form they should take.
Examples are 1 subject – 1 title requirement and the 3 readings on separate days.
12. When is impeachment deemed filed
Impeachment complaint is deemed filed at the time the Committee on Justice has received the
impeachment complaint. In Francisco v House, SC ruled that the rules of House were
unconstitutional as they give the term “initiate” a meaning different from “filing.”
13. Discuss Aquino, Robredo v Comelec and Macias
Aquino / Robredo – Son of GMA carved out a territory in Bicol to obtain a legislative
district where he can run for Congressman
14. Discuss Atong Paglaum and Bagong Bayani
Bagong Bayani
Objective of the party list system. 8 Objectives of Party List system giving essence the
Marginalized and Underrepresented.
[a] must represent marginalized and under-represented sectors;
[b] major political parties must comply with this statutory policy;
[c] Ang Bagong Buhay Hayaang Yumabong (as a party) must be subject to the express constitutional
prohibition against religious sects;
[d] the party must not be disqualified under RA 7941;
[e] the party must not be an adjunct of an entity or project funded by the government;
[f] the party and its nominees must comply with the requirements of the law;
[g] the nominee must also represent a marginalized or under-represented sector; and
[h] the nominee must be able to contribute to the formulation and enactment of appropriate legislation
that will benefit the nation
15. Discuss Enrolled Bill and Journal Entry, Which Prevails under what circumstances
Enrolled Bill is conclusive upon the courts as regards the tenor of the passage. If there is an
error, amendment is the remedy. It is the passage of a bill certified or authenticated by officers of
both houses and approved by the president.
Generally enrolled bill prevails over journal except on matters stated above.
16. Composition of Electoral Tribunal and Commission on Appointments
Electoral Tribunal Composition: Three Supreme Court justices designated by the Chief Justice, and
six members of the house concerned chosen on the basis of proportional representation from the political
parties registered under the party- list system represented therein. The Senior Justice shall be its
Chairman.
As held in Estrada v Sandiganbayan, a facial challenge to a legislative act is the most difficult challenge to
mount successfully since the ' challenge must establish that no set of circumstances exists under which the
act would be valid.
18. Discuss Ople v. Torres and Bayan Muna v Neda
Ople v Torres – AO issued by President FVR was unconstitutional because it was an usurpation
of powers of the legislative department to implement an ID System Nationwide.
Bayan Muna v Neda – The AO issued by PGMA was valid because it only involved Executive
Agencies under the Executive Department
19. Discuss Kilosbayan v Guingona and Kilosbayan v. Morato., Labugal
Kilosbayan v Guingona – court ruled that they have no legal standing to question the online
lotteries. However, court brushed aside procedural technicalities since it is an issue of
paramount interest. However, ruling in Kilosbayan v Morato, court dismissed the case because
petitioners have no legal standing that they failed to show that they have sustained an injury.
Similarly in La Bugal, January ruling was that it involves a justiciable issue as in involves lands of
public domain. However, December of same year upon MR, Court dismissed as it involves a
political issue.
20. Discuss Lacson v Perez and Sanlakas v Guingona
In Lacson v. Perez, Case was dismissed as the issue has been moot and academic because the
proclamation of PGMA has already been lifted. However in Sanlakas v Guingona, Court still
decided on the issue because the issue is capable of repetition yet evading review as an
exception to mootness.
Finals - Tips
21. Cruz v. DENR
IPRA Law. Indigenous People’s Rights Act. Isagani Cruz questioned validity of IPRA
Law. Voting occurred and the results were a tie for a second time (7-7).
SC ruled since the results were a tie, the IPRA law is valid. The presumption is that
the law is valid. Having been in the Congress, who are composed of mostly lawyers,
the presumption is that the law is constitutional.
In cases of tie in the validity of laws - the presumption is that the law is valid
In cases of tie in criminal cases from the lower courts – the result is acquittal
22. Amendment of the Constitution – methods Number of Votes in different scenarios
1. Constituent Assembly The Congress, upon a vote of three-fourths of all its Members.
However, Majority of authorities opine that this is to be understood as 3/4 of the Senate and 3/4 of the
House of Representatives.
2. Constitutional Convention which may be called into existence either by a 2/3 vote of all the
members of Congress, or (if such vote is not obtained) by a majority vote of all the members of Congress
with the question of whether or not to call a Convention to be resolved by the people in a plebiscite
3. People’s initiative A petition of at least 12% of the total number of registered voters, of which every
legislative district must be represented by at least 3% of the registered voters therein
23. Even though the Amended version of the BICAM is different from the one originally filed in the
House of Representatives, it shall still be approved by both Houses. Hence, such changes are
accepted.
24. *Riders or sub rosa amendments or doctrine of inappropriate provisions
Any provision which does not relate to any particular item, or which extends in its
operation beyond an item of appropriation is considered an inappropriate provision
which can be vetoed separately from an item.
Prevalent in Tax Laws which includes provisions which are foreign to the tax law
itself. If the provision is foreign to the law itself, the President usually vetoes such
foreign provisions for being a rider or a sub rosa amendment.
25. Limitations of Legislative Investigation
After Proclamation:
The Vice President shall now be the President.
3. Commander in Chief Power – Sec 18 Art 7 The President shall be the Commander-in-
Chief of all armed forces of the Philippines and whenever it becomes necessary, he may
call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.
In case of invasion or rebellion, when the public safety requires it, he may, for a period
not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law
34. Marcos v. Manglapus
1989 Marcos wanted to apply for a passport to go back to the Philippines. Manglapus
was the Secretary of DFA. Declined by Cory Aquino upon her instruction. Marcos
invoked SECTION 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court. Neither
shall the right to travel be impaired except in the interest of national security, public
safety, or public health, as may be provided by law.
SC ruled The president can exercise the residual power that may not be enumerated in the
Constitution provided that it will preserve the integrity of the Philippines
35. Difference of Control v Supervision
Control
Is the power of an officer to alter or modify or nullify or set aside what a subordinate
officer had done in the performance of his duties and to substitute the judgment of
the former for that of the latter
Supervision
Means overseeing, or the power or authority of an officer to see that subordinate
officers perform their duties, and if the latter fail or neglect to fulfill them, then the
former may take such action or steps as prescribed by law to make them perform
these duties
Supervision – see to it they are doing their functions but not alter or reverse the
decision of the Governor
Acting Secretary:
SC ruled acting secretaries need no confirmation from COA. If there is a vacancy in
the Cabinet either during in session or recess, the President may appoint an acting
Secretary. He is not subject to confirmation because he is just a temporary
appointment which must not last longer than one year.
Ad Interim:
Ad Interim is an appointment when Congress is in recess or adjournment. He must
be confirmed by the COA.
37. In Re Valenzuela v De Castro v JBC
In Re Valenzuela
President appointed 2 judges
SC ruled that the appointments are invalid because of Section 15 because of the two
month prohibition period within which to appoint.
De Castro v JBC
Renato Corona was appointed by PGMA within the 2 month prohibition period and
the Incumbent Chief Justice is yet to retire.
SC ruled sustained appointment of Corona because the prohibition in Article VII Sec
15 is not in Article VIII which is the Judiciary.
38. Pardon v. Amensty
Amnesty needs an admission of guilt in order to invoke pardon and needs the
concurrence of the majority of both houses voting separately.
39. 3 kinds of extraordinary power
1. Residual powers – justifiable in Sec 17 Art VII power to enforce all laws for the
integrity and preservation of the State. The president can exercise any and all powers
that may not even be provided in the Constitution or the laws.
2. Commander in Chief powers – Sec 18 Art VII.
3. Emergency Power - Sec 23 par 2 Art VI -The power to exercise any and all
authority as may be delegated by the legislature in cases of declaration of national
emergency
40. The doctrine of capable of repetition yet evading review was used by the Court.
Odious debts are debts that were contracted by the President that did not redound to
the welfare of the people.
Cory did not want to repudiate because the Philippines may be blacklisted from the
other countries. No to debt repudiation.
42. Can Congress provide for qualification of SC members and lower courts
No. The qualifications of the SC members are provided in the Constitution and a law
cannot amend the constitution. Congress can only provide for the qualifications of
lower courts and lower court judges but not the SC and SC members.
43. Vacancy of SC Justices and Vacancy of lower courts
Vacancy of lower courts – filled up within 90 days from the receipt of the President of
the nominees from the JBC
44. Salary of President, Congress, Judiciary
No. The qualifications of the SC members are provided in the Constitution and a law
cannot amend the constitution. Congress can only provide for the qualifications of
lower courts and lower court judges but not the SC and SC members.
49. Clustering of the list of nominees is not allowed. Only the list provided by the JBC can
be valid and the president cannot modify such list because the Constitution provides that
only the JBC has sole authority to provide the list of nominees to be appointed.
Final Tips
50. How do you amend the Constitution by what percentage
See above
51. Pardon vs Amnesty
See above
52. Marbury v Madison
See above
53. Qualifications for President / Senator / Congressman
House of Rep Qualifications [Sec. 6, Art. VI]:
1. Natural-born Filipino citizen, and,
2.on the day of the election, at least 25 years of age,
3. able to read and write, and,
4.except the party-list representatives, a registered voter in the district in which he shall be elected, and
5. a resident thereof for not less than one year immediately preceding the day of the election.
a registered voter,
a resident of the Philippines for at least one year immediately preceding the day of the election,
a bona fide member of the party or organization which he seeks to represent for at least 90 days
preceding the day of the election,
For the youth sector, he must be at least 25 years of age but not more than 30 years of age on the day of
the election. Any youth representative who attains the age of 30 during his term shall be allowed to
continue in office until the expiration of his term.
Senator
Qualifications of Senator [Sec. 3, Art. VI]:
1. Natural-born citizen of the Philippines, and,
2. on the day of the election, at least 35 years of age,
3. able to read and write,
4. a registered voter, and a
5. resident of the Philippines for not less than two years immediately preceding the day of the election.
President
Qualifications
1. Natural Born Citizen
2. registered voter
3. able to read and write
4. at least 40 yrs old on the day of election
5. resident for at least 10 years immediately preceding such election
Supreme Court
SC Qualifications prescribed by Constitution
1. Natural Born
2. At least 40 years of age
3. Must have been for fifteen years or more a judge of a lower court or engaged in
the practice of law in the Philippines
4. Person of proven competence, integrity, probity and independence
Sec 8 (2) Art VIII (Judicial Department) provides that regular Members of the Council
shall be appointed by the President for a term of four years with the consent of
the Commission on Appointments.
56. Who are the non ex officio members of the JBC (4 members)
Ex Officio
1Chief Justice as ex officio chairman
2 Secretary of Justice ex officio member
3 representative of Congress as ex officio member
Regular Members
1 a representative of the Integrated Bar,
2 a professor of law,
3 a retired Member of the Supreme Court, and
4 representative of the private sector.
57. Representative of Congress as ex officio member:
One representative of Congress only in JBC, alternating with respect to Senate and
House of Rep
Past Exams
58. What are the matters entered in the Journals of Congress
Voting separately:
iv) Declaring the existence of a state of war [Sec. 23, Art. VI],
v) Proposing constitutional amendments [Sec. 1, Art. XVII],
Voting jointly: To revoke or extend proclamation suspending the privilege of the writ of habeas corpus
or placing the Philippines under martial law [Sec. 18, Art. VII].
60. Distinguish Domicile vs Residence
Residence is the physical presence of a person in a given area, community or country used to
indicate place of abode, whether permanent or temporary. Essential distinction between
residence and domicile in law is that residence involves the intent to leave when the purpose for
which the resident has taken up his abode ends.
Domicile denotes a fixed permanent residence to which, when absent, one has the
intention of returning. It requires the fact of residing or physical presence in a fixed place
with the intention to remain (Animus Manendi)” or Animus ravertendi or the intention
of returning there permanently when absent.
61. What is quorum? What constitutes quorum and majority in the Senate? Distinguish
quorum and majority
Quorum [Sec. 16(2), Art. VI]: A majority of each House, but a smaller number may adjourn from day to
day and may compel the attendance of absent Members in such manner and under such penalties as such
House may determine which is authority for the principle that the basis in determining the existence
of a quorum in the Senate shall be the total number of Senators who are in the country and within the
coercive jurisdiction of the Senate.
Majority of all members means majority of the entire composition of Congress regardless of the number
of members present or absent during the time the question is brought to the floor as long as there is
quorum.
Majority in of the House means ½ plus 1 of the actual membership of the House who are within the
coercive jurisdiction of Congress.
62. Explain doctrine of forbidden office
Forbidden Office – Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.
The member of the Congress shall be forever banned against appointment to the office
created or the emoluments thereof increased.
63. What is enrolled bill doctrine
Enrolled Bill is conclusive upon the courts as regards the tenor of the passage. If there is an
error, amendment is the remedy. It is the passage of a bill certified or authenticated by officers of
both houses and approved by the president.
Generally enrolled bill prevails over journal except on matters stated above.
courts cannot or will not determine a controversy involving a question which is within the jurisdiction of
the administrative tribunal prior to the resolution of that question by the administrative tribunal, where
the question demands the exercise of sound administrative discretion requiring the special knowledge,
experience and services of the administrative tribunal to determine technical and intricate matters of fact."
65. Explain the parliamentary immunity of the members of the Congress and Senate. Explain
freedom from arrest clause and the speech and debate clause
1. Privilege from Arrest – A Senator or Member of HR shall in all offenses punishable by not
more than 6 years imprisonment, be privileged from arrest while the Congress is in Session,
whether regular or special. Hence it is not available while Congress is in recess. (Jalosjos was
arrested since his offense is imprisonment for more than 6 years.
2. Privilege of speech and debate – No member shall be questioned nor be held liable in
any other place for any speech or debate in the Congress or in any commitment thereof.
However, he may be held to account for such speech or debate by the House to which
he belongs. Remarks must be made while Congress is in session and in discharge of his
official duties.
66. Define Political and Justiciable Question
Political Question is a question which is to be answered by the People in their sovereign capacity
where full discretion of authority is delegated either to the legislative or executive department. It
is a question of wisdom and not the legality of a particular measure. In the case of La Bugal B
Laan where the court ruled that it is a political issue that they are loath to interfere with the
actions of the separate branches. The limitation however is when there is a grave abuse
amounting to lack or excess of jurisdiction where the court can decide on the issue. This is the
additional power stated in the 1987 Constitution.
Justiciable question is a question of right that is legally demandable and enforceable which
can be resolved by an application of a particular law or jurisprudence. In the case of
Francisco v. House, Court ruled that it is a justiciable question as it involves an issue of
constitutionality of a particular measure which is the limitations imposed by the 1987
Constitution regarding the filing of impeachment complaints. Hence, it is not only a
power conferred upon the courts but a duty to determine whether there has been grave
abuse on either the executive or legislative department
67. Marbury v Madison
Landmark case by the US Supreme Court which forms the basis of judicial review. The
case resulted from the petition of William Marbury, who was appointed as Justice of
peace in the district of Columbia but whose commission was not delivered. Marbury
petitioned to enforce the Secretary General of the State, James Madison, to deliver such
commission. Court held that the provision of Judiciary Act of 1789 which brings the legal
claim of Marbury, as unconstitutional as it purportedly extends the jurisdiction of the
courts. Hence, the case was dismissed as it generally extended the power of the
Supreme Court. It established the power of the court to exercise judicial review, to
declare a law unconstitutional.
68. What are latest guidelines in determining winners in the partylist elections and in their
69. seat allocations in the Congress
What are latest guidelines in determining whether or not the organization or parties
intending to participate in the party system qualify?
Atong Paglaum Ruling:
SC ruled that party list should no longer be marginalized and underrepresented.
The requirement of sectoral representation was for three consecutive terms where 1/2
shall come from labor, peasant, indigenous cultural communities, urban poor, women,
youth and such other sectors except religious sector. Thereafter, (2001) there was no
longer requirement for a marginalized and underrepresented party list system. Reversed
Bagong Bayani.
Veterans
20% requirement for allocation and under RA 7941, there shall be a 2% of the total
number of votes cast in the party list. The 20% allocation is a mere ceiling is not
mandatory.
Bagong Bayani
Objective of the party list system. 8 Objectives of Party List system giving essence the
Marginalized and Underrepresented.
Banat v. Comelec
The 2% requirement of RA 7941 was declared unconstitutional. Reversed Veterans.
Banat reversed Veterans. And Atong Paglaum reversed Bagong Bayani.
70. What are the rules in Constitutional Construction
1. Verba Legis – Wherever possible the words used in the Constitution must be given their
ordinary meaning, except when technical terms are employed
2. Ratio Legis Est Anima – The words of the Constitution should be interpreted in accordance
with the intent of its framers
3. Ut magis Valeat Quam Pereat – The constitution is to be interpreted as a whole.
Constitution provides that where constitutional amendments are to be directly propsed by the
people, at least 12% of the total number of registered voters of which legislative district must be
represented by at least 3% of the registered voters therein.
People can directly propose and enact laws or approve or reject any law by a petition
signed by at least 10% of the total number of registered voters which every legislative
district must be represented by at least 3% of the registered voters.
72. Explain moot and academic, is there an exception
A moot and academic case is one that ceases to present a justiciable controversy by virtue of
supervening events so that a declaration thereon would be of no practical use or value.
In David v. Macapagal-Arroyo, supra., it was held that courts will still decide cases otherwise
moot and academic if:
(a) there is a grave violation of the Constitution [Province of Batangas v. Romulo, supra.];
(b) there is an exceptional character of the situation and paramount public interest is involved [Lacson v.
Perez, supra.]
(c) the constitutional issues raised require formulation of controlling principles to guide the bench, the bar
and the public [Salonga v. Pano, supra.]; and
(d) the case is capable of repetition yet evasive of review [Saniakas v. Executive Secretary, G.R. No.
159085, February 3, 2004].
73. What are the rules provided for by the Constitution in the suspension, extension and
revocation of proclamations of the privilege of writ of habeas corpus when exercised by
the President
In case of invasion or rebellion, when the public safety requires it, he may,
for a period not exceeding sixty days, suspend the privilege of the writ of
habeas corpus or place the Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of martial law or the suspension
of the privilege of the writ of habeas corpus, the President shall submit a report
in person or in writing to the Congress. The Congress, voting jointly, by a
vote of at least a majority of all its Members in regular or special session, may
revoke such proclamation or suspension, which revocation shall not be set aside
by the President. Upon the initiative of the President, the Congress may, in the
same manner, extend such proclamation or suspension for a period to be
determined by the Congress, if the invasion or rebellion shall persist and public
safety requires it.
74. What are the requirements of judicial Review
Hence in determining whether the acts of the legislature are in tune with the
fundamental law, courts should proceed with judicial restraint and act with caution
and forbearance
Every intendment of the law must be adjudged by the courts in favor of its
constitutionality, invalidity being a measure of last resort. In construing therefore
the provisions of a statute, courts must first ascertain whether an interpretation is
fairly possible to sidestep the question of constitutionality
76. Can the SC acquire jurisdiction over the rules on proceedings of the Commission on
Appointments?
Yes. As ruled in Pacete vs COA, SC can acquire jurisdiction when the COA exercises its
powers which results to a grave abuse amounting to lack or excess of jurisdiction
especially when there is a denial of due process as it is impressed with both substantive
and procedural significance, the scope of judicial inquiry is thus not unduly limited.
77. What constitutes the members of the hret and set
Electoral Tribunal Composition: Three Supreme Court justices designated by the Chief Justice, and
six members of the house concerned chosen on the basis of proportional representation from the political
parties registered under the party- list system represented therein. The Senior Justice shall be its
Chairman.
78. Revision v Amendment
Revision broadly implies a change that alters a basic principle in the Constitution, like altering the
principle of separation of powers or the system of checks and balances. There is also revision if the change
alters the substantial entirety of the Constitution. Revision generally affects several provisions of the
Constitution
Amendment broadly refers to a change that adds, reduces, deletes, without altering the basic
principle involved. Amendment generally affects only the specific provision being amended.
79. Mootness Rule
A moot and academic case is one that ceases to present a justiciable controversy by virtue of
supervening events so that a declaration thereon would be of no practical use or value.
In David v. Macapagal-Arroyo, supra., it was held that courts will still decide cases otherwise
moot and academic if:
(a) there is a grave violation of the Constitution [Province of Batangas v. Romulo, supra.];
(b) there is an exceptional character of the situation and paramount public interest is involved [Lacson v.
Perez, supra.]
(c) the constitutional issues raised require formulation of controlling principles to guide the bench, the bar
and the public [Salonga v. Pano, supra.]; and
(d) the case is capable of repetition yet evasive of review [Saniakas v. Executive Secretary, G.R. No.
159085, February 3, 2004].
For taxpayers, there must be a claim of illegal disbursement of public funds or that the tax measure is
unconstitutional (the prevailing doctrine is that taxpayers may question contracts entered into by the
national government or by government-owned or -controlled corporations allegedly in contravention of
law [Abaya v. Ebdane, 515 SCRA 720];
For voters, there must be a showing of obvious interest in the validity of the election law in question:
For concerned citizens, there must be a showing that the issues raised are of transcendental
importance which must be settled early: and
For legislators, there must be a claim that the official action complained of infringes their prerogatives as
legislators.
Government of the Philippines is a proper party to question the validity of its own laws, because
more than any one, it should be concerned with the constitutionality of its acts
Impeachment complaint is deemed filed at the time the Committee on Justice has
received the impeachment complaint. In Francisco v House, SC ruled that the rules of
House were unconstitutional as they give the term “initiate” a meaning different from
“filing.”
82. Explain doctrine of operational proximity
Incompatible Office – No Senator or Member of the House of Representatives may hold any
other office or employment in the Government, or any subdivision, agency or instrumentality
thereof, including GOCCs or their subsidiaries during his term without forfeiting his seat.
Forfeiture is automatic upon assumption of such other office incompatible with his seat in
Congress. No forfeiture shall take place if the member of Congress holds the other government
office in an ex officio capacity.
Forbidden Office – Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.
The member of the Congress shall be forever banned against appointment to the office
created or the emoluments thereof increased.
87. What is the requirement in order for a treaty or international agreement to be binding
and effective in the Philippines
SECTION 21. No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.
88. What are the reglementary periods of the cases filed before the Courts of Judicial
Branch
1. Residual powers – justifiable in Sec 17 Art VII power to enforce all laws for the
integrity and preservation of the State. The president can exercise any and all powers
that may not even be provided in the Constitution or the laws.
2. Commander in Chief powers – Sec 18 Art VII.
3. Emergency Power - Sec 23 par 2 Art VI -The power to exercise any and all
authority as may be delegated by the legislature in cases of declaration of national
emergency
90. Explain sin perjuicio judgment
In Dizon v Judge Lopez, sin perjuicio judgment is not valid. Only a dispositive portion
is stated in the decision with no findings of fact and legal basis. A decision should
have a findings of fact and legal basis. Hence, it is not valid.
91. What are the privileges of a legislator of Congress or Senate. Explain each
1. Privilege from Arrest – A Senator or Member of HR shall in all offenses punishable by not
more than 6 years imprisonment, be privileged from arrest while the Congress is in Session,
whether regular or special. Hence it is not available while Congress is in recess. (Jalosjos was
arrested since his offense is imprisonment for more than 6 years.
2. Privilege of speech and debate – No member shall be questioned nor be held liable in
any other place for any speech or debate in the Congress or in any commitment thereof.
However, he may be held to account for such speech or debate by the House to which
he belongs. Remarks must be made while Congress is in session and in discharge of his
official duties.
92. Explain the Presidential Communication and deliberative process
1. Presidential Communication
2. Deliberative Process
No. The qualifications of the SC members are provided in the Constitution and a law
cannot amend the constitution. Congress can only provide for the qualifications of
lower courts and lower court judges but not the SC and SC members.
95. In case of tie in the voting of constitutionality of a law in the SC, what is the status to be
decreed on the law that has been voted upon
In cases of tie in the validity of laws - the presumption is that the law is valid
In cases of tie in criminal cases from the lower courts – the result is acquittal
96. Can government withhold information from the public? Explain
Neri v Senate
Executive Privilege – doctrine that exempts the President from disclosing any
information that will prejudice the interest of the State.
Amnesty needs an admission of guilt in order to invoke pardon and needs the
concurrence of the majority of both houses voting separately.
98. Treaties
SECTION 21. No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.
99. Incompatible Office v Forbidden Office
Incompatible Office – No Senator or Member of the House of Representatives may hold any
other office or employment in the Government, or any subdivision, agency or instrumentality
thereof, including GOCCs or their subsidiaries during his term without forfeiting his seat.
Forfeiture is automatic upon assumption of such other office incompatible with his seat in
Congress. No forfeiture shall take place if the member of Congress holds the other government
office in an ex officio capacity.
Forbidden Office – Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.
The member of the Congress shall be forever banned against appointment to the office
created or the emoluments thereof increased.
100. Vice President serving as Cabinet member as Housing czar is it allowed without COA’s
confirmation
Liban v Gordon
International Red Cross. Questioned Gordon as Chairman of Red Cross and being a
Senator at the same time.
SC ruled IRC is like a sui generis. Its funds do not come from the government.
However, it has a special charter.
Answer:
No. Congress cannot enact a law that will create a private entity.
Can GOCC invoke immunity from suit
No. Because all of their charters state that they can sue and be sued. Hence, they cannot
invoke immunity from suit.