Constitution I

https://tamayaosbc.wordpress.com/2014/08/02/the-philippine-government/
https://lawphilreviewer.wordpress.com/tag/political-law-constitutional-law-article-vi/

4. Separation of Powers

The principle of separation of powers is explained by the Court in the leading case of Angara v. Electoral
Commission:

The separation of powers is a fundamental principle in our system of government. It obtains not through express
provision but by actual division in our Constitution. Each department of the government has exclusive cognizance
of matters within its jurisdiction, and is supreme within its own sphere. But it does not follow from the fact that the
three powers are to be kept separate and distinct that the Constitution intended them to be absolutely unrestrained
and independent of each other. The Constitution has provided for an elaborate system of checks and balances to
secure coordination in the workings of the various departments of the government. x x x And the judiciary in turn,
with the Supreme Court as the final arbiter, effectively checks the other department in its exercise of its power to
determine the law, and hence to declare executive and legislative acts void if violative of the Constitution.

PRINCIPLE OF SEPARATION OF POWERS.

 Essence. In essence, separation of powers means that legislation belongs to Congress, execution to the
executive, settlement of legal controversies to the judiciary. Each is prevented from invading the domain of
others.
 Theory. The theory is that “a power definitely assigned by the Constitution to one department can neither be
surrendered nor delegated by that department, nor vested by statute in another department or agency.”
 Reason. The underlying reason of this principle is the assumption that arbitrary rule and abuse of authority
would inevitably result from the concentration of the three powers of government in the same person, body of
persons or organ.

Meaning of the Doctrine

The Doctrine of Separation of Powers entails: first, the division of the powers of the government into three, which are
legislative, executive, and judicial; and second, the distribution of these powers to the three major branches of the
government, which are the Legislative Department, Executive Department, and the Judicial Department. Basically, it
means that the Legislative Department is generally limited to the enactment of the law and not to implementation or
interpretation of the same; the Executive Department is generally limited to the implementation of the law and not to
the enactment or interpretation of the same; and the Judicial Department is generally limited to the interpretation and
application of laws in specific cases and not to the making or implementation of the same.
Purpose of the Doctrine
Prevention of Monopoly of Power. Separation of powers is said to be an attribute of republicanism, in that, among
other reasons, it seeks to prevent monopoly or concentration of power to one person or group of persons, and
thereby forestalls dictatorship or despotism. Sovereignty resides in the people, and it should remain that way.
Government officials, who are the representatives of the people, must exercise the powers of their office in the
interest of the public. While representational exercise of power brings out the essence of republicanism, too much
concentration of power rips it apart, as was experienced some administrations.
Separation not Exclusive
Important to understand is the meaning of “separation” not as exclusivity but as “collaboration.” While each of the
Departments exercises its respective power, it does so in collaboration with the other Departments because in the
end they all belong to one unified government with a common purpose. Appointment, for example, of Members of the
Supreme Court by the President must be upon the recommendation of the Judicial and Bar Council. In here before
the President, who belongs to the executive branch, appoint a Supreme Court justice, a recommendation must first
be given to him by the JBC, which is an independent body in the judiciary. Another example would be the use of
public funds. In here, the President prepares the budget, on the basis of which the Congress enacts an
appropriations bill which will then be submitted and approved by the President.

Checks and Balances

From the examples above one can understand the corollary doctrine of “checks and balances.” Under the doctrine,
there is no absolute separation of the three branches of the government, but to maintain their coequality each
department checks the power of the others. Generally, the departments cannot encroach each others’ power, but
constitutional mechanisms allow each one of them to perform acts that would check the power of others to prevent
monopoly, concentration, and abuse of power. For example, the Judicial and Bar Council recommends nominees to

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the President so that the latter will not capriciously appoint someone whom he can easily convert into a puppet and
thereby become his medium to control the judiciary. In the same way, the disbursement of public funds cannot
depend solely upon the discretion of the President, but must be based on legislation by the Congress.

There is presumption that each one does its job properly without forcing each other to exercise the power of
Checks and Balances.

Legislation over Executive 1. Commission of Appointments

2. Impeachment
3. Appropriation
4. Confirmation of Treatises (Senate has to concur)
5. Martial Law
Executive over Legislative Presidential Veto
Executive over Judiciary Power of Appointment (Chief Justices, Justices)
Judiciary over Executive and Judicial Review
Legislative

Constitutional Crisis – A constitutional crisis refers to a situation dealing with the inability to resolve a
disagreement involving the governing constitution of a political body. Typically, a dispute or an interpretation or
violation of a provision in the constitution between different branches of government is involved. A constitutional crisis
may threaten to break down government function.

1. President declares Martial law, Congress refuses to meet, Judiciary rules that Martial Law is unconstitutional
and mandates Congress to meet.
2. Presidential appointments – if bypassed, President keeps on reappointing
3. Legislature passes a law, Executive refuses to enforce, .e.g., Cybercrime Law (DOJ finds one provision
unconstitutional; Human Security Act (9372) so flawed more penalties on law enforcement than terrorists
(false accusation gets a penalty of P500,00 per day of detention)

The moment the President and Congress decided to brush aside the mandatory impositions of Section 18, Article VII
of the Constitution, while declaring that martial law had been proclaimed and the privilege of the writ suspended for
60 days all over Mindanao in order to fight the IS, and that the proclamation and suspension could even be extended
all over the Philippines, the constitutional crisis made a landfall as big as Yolanda’s and became the biggest elephant
in the room.

Section 18, Article VII of the Constitution provides that Congress (if not in session) must convene according to its
rules, without need of a call, within 24 hours from the proclamation or suspension, and the two houses must sit as
one to receive the report, which the President must submit in person or in writing within 48 hours from the
proclamation or suspension. The Congress may then, by a simple majority vote of all its members, reject the
proclamation or suspension, and the President may not set aside such action.

BLENDING OF POWERS.
With the intricateness of the operations of government, it is unwise and impracticable to effect a strict and complete
separation of powers. There are instances when certain powers are to be reposed in more than one department so
they may better collaborate with, and in the process check each other for the sake of a good and efficient
government. Thus, the necessity of blending of powers.

Blending of powers is actually sharing of powers of the different departments of government whereby one department
helps and coordinates with the other in the exercise of a particular power, function or responsibility.

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The following are examples under the 1987 Philippine Constitution where powers are not confined exclusively within
one department but are in fact shared:

1. The President and Congress help one another in the making of laws. Congress enacts the bill and the
President approves it.
2. The President prepares a budget and Congress enacts an appropriation bill pursuant to that budget.
3. The President enters into a treaty with foreign countries and the Senate ratifies the same.
4. The Supreme Court may declare a treaty, international or executive agreement, or law, as unconstitutional,
and it has also the power to declare invalid any act done by the othe departments of government.
5. The grant of amnesty by the President is subject to the concurrence of a majority of all the members of the
Congress.
6. Judicial Bar Council – composed of members from 3 branches in which the Chair is the Chief Justice
7. Martial Law – the President declares, the Congress extends
8. Jurisdiction – the Legislature creates the court, the President appoints members of the Judiciary, SC creates
the rules and supervises the members

[Demetria vs Alba] savings cannot be reallocated by the Executive (EO

292)
Where the legislature or the executive branch is acting within the limits of its authority, the judiciary cannot and ought
not to interfere with the former. But where the legislature or the executive acts beyond the scope of its constitutional
powers, it becomes the duty of the judiciary to declare what the other branches of the government had assumed to do
as void. This is the essence of judicial power conferred by the Constitution "in one Supreme Court and in such lower
courts as may be established by law" [Art. VIII, Section 1 of the 1935 Constitution; Art. X, Section 1 of the 1973
Constitution and which was adopted as part of the Freedom Constitution, and Art. VIII, Section 1 of the 1987
Constitution] and which power this Court has exercised in many instances.

[Laurete vs Maravilla] when SC decides on case… they are not subject to

other’s… only through impeachment…
PRELIMINARY INVESTIGATION ???

5. Three Branches of Government

i. Legislative

a. The Legislature
i. Composition, qualifications and terms of offices - (see Art VI. Sec 2-4)
Distinction
1. Terms means the period during which the elected officer is legally authorized to assume his office and exercise
the powers thereof.
2. Tenure is the actual period during which such officer actually holds his position.

Limitation/Possible Reduction
1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office automatically vacated
when the holder thereof files a certificate of candidacy for another elective office (except President and Vice-
President) is valid, as it only affects the officers tenure and NOT his constitutional term.

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In theorizing that the provision under consideration cuts short the term of office of a Member of Congress, petitioner
seems to confuse "term" with "tenure" of office. As succinctly distinguished by the Solicitor General:

The term of office prescribed by the Constitution may not be extended or shortened by the legislature (22
R.C.L.), but the period during which an officer actually holds the office (tenure) may be affected by
circumstances within or beyond the power of said officer. Tenure may be shorter than the term or it may not
exist at all. These situations will not change the duration of the term of office (see Topacio Nueno vs.
Angeles, 76 Phil 12).

Under the questioned provision, when an elective official covered thereby files a certificate of candidacy for another
office, he is deemed to have voluntarily cut short his tenure, not his term. The term remains and his successor, if any,
is allowed to serve its unexpired portion.

[Dimaporo vs Mitra]

[Quinto vs COMELEC]
First case (2009) – ruled by Nachura
On December 1, 2009, the Supreme Court voting 8-6 declared as unconstitutional the second provision in the third
paragraph of Section 13 of Republic Act No. 9369, Section 66 of Batas Pambansa Blg. 881 and Section 4(a) of
COMELEC Resolution No. 8678, for being violative of the equal protection clause and for being overbroad. The
ponente of the decision was Justice Antonio B. Nachura.

On February 22, 2010, voting 10-5, the Supreme Court reversed its earlier ruling, granted the motions for
reconsideration of its December 1, 2009 decision and upheld the constitutionality of the three provisions in election
laws that deemed appointive officials automatically resigned once they filed their certificates of candidacy (CoCs).
The ruling was penned by Chief Justice Reynato S. Puno with a dissent from Justice Nachura.

n a 10-5 vote, the Supreme Court reversed its Decision rendered in the case of Quinto vs. Comelec last December
2009 and declared that appointed officials, including members of the judiciary and the Comelec itself, who have filed
their certificate of candidacy for the May 10 elections are already deemed resigned. In the Resolution dated 22
February 2010, the Court said that its December 2009 Decision failed to consider the threat to government “posed by
the partisan potential of a large and growing bureaucracy: the danger of systematic abuse perpetuated by a ‘powerful
political machine’ that has amassed ‘the scattered powers of government workers’ so as to give itself and its
incumbent workers an ‘unbreakable grasp on the reins of power.” The Court added that “in the case at bar, the
probable harm to society in permitting incumbent appointive officials to remain in office, even as they actively pursue
elective posts, far outweighs the less likely evil of having arguably protected candidacies blocked by the possible
inhibitory effect of a potentially overly broad statute.”

Qualifications ???

Apportionment and reapportionment…

Apportionment is the allocation of seats in the legislature of which a chamber is divided to sub-national units based
on their population in order to ensure proper representation for the said unit. For bicameral legislatures, like our own
Congress, the apportionment is applied to the lower house in order to represent the people.

Section 5(4)[2] of Article VI mandates that Congress shall make a reapportionment of legislative districts based on
the standards fixed in Section 5. These constitutional standards, as far as population is concerned, are:

(1) proportional representation;

(2) minimum population of 250,000 per legislative district;

(3) progressive ratio in the increase of legislative districts as the population base increases. The phrase progressive
ratio means that the number of legislative districts shall increase as the number of the population increases, whether
in provinces, cities or the Metropolitan Manila area. Thus, a province shall have one legislative district if it has a

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population of 250,000, and two legislative districts if it has 500,000. This insures that proportional representation is
maintained if there are increases in the population of a province, city, or the Metropolitan Manila area; and

(4) uniformity in apportionment of legislative districts in provinces, cities, and the Metropolitan Manila area.
[Aquino vs COMELEC]
Antigerrymandering – manipulating district to one’s advantage

Party List

RA 7941 Approved: 03 March 1995

AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST
SYSTEM, AND APPROPRIATING FUNDS THEREFOR
Section 11. Number of Party-List Representatives. - The party-list representatives shall constitute twenty
percentum (20%) of the total number of the members of the House of Representatives including those under the
party-list. For purposes of the May 1998 elections, the first five (5) major political parties on the basis of party
representation in the House of Representatives at the start of the Tenth Congress of the Philippines shall not be
entitled to participate in the party-list system. In determining the allocation of seats for the second vote, the following
procedure shall be observed: The parties, organizations, and coalitions shall be ranked from the highest to the lowest
based on the number of votes garnered during the elections. The parties, organizations, and coalitions receiving at
least two percent (2%) of the total votes cast for the party-list system shall be entitled to one seat each: provided, that
those garnering more than two percent (2%) of the votes shall be entitled to additional seats in proportion to their total
number of votes: provided, finally, that each party, organization, or coalition shall be entitled to not more than three
(3) seats.

http://www.philstar.com/opinion/2012-11-17/867708/party-list-system-social-justice-tool

1. Meaning and Purpose. The party-list system aims at establishing representation of the underprivileged. It is
a social justice tool designed not just to make the underprivileged mere beneficiaries of law but to make
them lawmakers themselves. It opens up the political system to the prejudiced and underrepresented
sectors of the society. Under the present rule, however, party-list representatives need not represent only
the marginalized and the underrepresented; national political parties can participate through their sectoral
wings provided they are registered separately in the COMELEC. Party-list representatives after all may
represent not just a marginalized or underrepresented sectors but also “ideologies” germane to democracy.

2. Parameters for Allocation of Seats. As to the allocation of seats of party-list representatives in the House of
Representatives, the parameters are:
(a) Twenty percent allocation in the House (Sec. 5(2), Art. VI);
(b) To qualify to a seat, at least two percent of the votes is casted on the party;
(c) A qualified party is entitled to a maximum of three seats; and
(d) Proportional representation as to the number of additional seats vis-à-vis the total number of votes cast.

[Atong Paglaum V COMELEC]

I. Parameters. In qualifying party-lists, the COMELEC must use the following parameters:
1. Three different groups may participate in the party-list system: (1) national parties or organizations, (2) regional
parties or organizations, and (3) sectoral parties or organizations.
2. National parties or organizations and regional parties or organizations do not need to organize along sectoral lines
and do not need to represent any “marginalized and underrepresented” sector.
3. Political parties can participate in party-list elections provided they register under the party-list system and do not
field candidates in legislative district elections. A political party, whether major or not, that fields candidates in legislative
district elections can participate in party-list elections only through its sectoral wing that can separately register under
the party-list system. The sectoral wing is by itself an independent sectoral party, and is linked to a political party through
a coalition.

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4. Sectoral parties or organizations may either be “marginalized and underrepresented” or lacking in “well-defined
political constituencies.” It is enough that their principal advocacy pertains to the special interest and concerns of their
sector. The sectors that are “marginalized and underrepresented” include labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, handicapped, veterans, and overseas workers. The sectors that lack “well-defined
political constituencies” include professionals, the elderly, women, and the youth.
5. A majority of the members of sectoral parties or organizations that represent the “marginalized and
underrepresented” must belong to the “marginalized and underrepresented” sector they represent. Similarly, a majority
of the members of sectoral parties or organizations that lack “well-defined political constituencies” must belong to the
sector they represent. The nominees of sectoral parties or organizations that represent the “marginalized and
underrepresented,” or that represent those who lack “well-defined political constituencies,” either must belong to their
respective sectors, or must have a track record of advocacy for their respective sectors. The nominees of national and
regional parties or organizations must be bona-fide members of such parties or organizations.
6. National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees are
disqualified, provided that they have at least one nominee who remains qualified.

The party-list system is NOT RESERVED for the “marginalized and underrepresented” or for parties who lack “well-
defined political constituencies”. It is also for national or regional parties. It is also for small ideology-based and cause-
oriented parties who lack “well-defined political constituencies”. The common denominator however is that all of them
cannot, they do not have the machinery – unlike major political parties, to field or sponsor candidates in the legislative
districts but they can acquire the needed votes in a national election system like the party-list system of elections.
If the party-list system is only reserved for marginalized representation, then the system itself unduly excludes other
cause-oriented groups from running for a seat in the lower house.
As explained by the Supreme Court, party-list representation should not be understood to include only labor, peasant,
fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, overseas workers, and other sectors
that by their nature are economically at the margins of society. It should be noted that Section 5 of Republic Act 7941
includes, among others, in its provision for sectoral representation groups of professionals, which are not per se
economically marginalized but are still qualified as “marginalized, underrepresented, and do not have well-defined
political constituencies” as they are ideologically marginalized.

ii. Election - (see Art VI. Sec 8-9)

Rule 14. Jurisdiction. The Tribunal is the sole judge of all contests
relating to the election, returns, and qualifications of the Members
of the House of Representatives.

iii. Privileges

1. Salary - (see Art VI. Sec 10)

Legislative Furlough ????

2. Freedom from arrest - (see Art VI. Sec 11)

Immunity from arrest:
1. Legislators are privileged from arrest while Congress is “in session” with respect to offenses punishable by up
to 6 years of imprisonment. Thus, whether Congress is in regular or special session, the immunity from arrest
applies.
2. If Congress is in recess, members thereof may be arrested.
3. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.

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3. Speech and debate clause - (see Art VI. Sec 11)
Limitation on the privilege:
(i) Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are otherwise
privileged, a member may be sanctioned by either the Senate or the House as the case may be.
(ii) The ‘speech or debate’ must be made in performance of their duties as members of Congress. This includes
speeches delivered, statements made, votes cast, as well as bills introduced, and other activities done in
performance of their official duties.
(iii) Congress need NOT be in session when the utterance is made, as long as it forms part of ‘legislative action,’ i.e.
part of the deliberative and communicative process used to participate in legislative proceedings in consideration
of proposed legislation or with respect to other matters with Congress’ jurisdiction.

4. Duty to disclose - (see Art VI. Sec 12 and 20)

5. Disqualification - (see Art VI. Sec 13-14)

INCOMPATIBLE OFFICE. No legislator is allowed to hold office or positions in any government agency
including government-owned or controlled corporations without forfeiting his seat in the Congress. Meaning, a
member of the Congress is not prevented from accepting other government posts as long as he forfeits his seat as a
legislator. What is not allowed is the simultaneous holding of a government office and the seat in the Congress. The
purpose is to prevent owing loyalty to another branch of the government, to the detriment of the independence of the
legislature and the doctrine of the separation of powers. Forfeiture of the seat is automatic. Thus for example, a
congressman who was appointed as secretary of the Department of Budget and Management is deemed to have
automatically forfeited his seat in the House of Representatives when he took his oath as secretary for DBM. No
resolution is necessary to declare his legislative post as vacant.

Not every other office or employment is to be regarded as incompatible office. There are seats where it is permitted
by the Constitution itself, eg. membership in the Electoral Tribunal and in the Judicial and Bar Council. Moreover, if it
can be shown that the second office is actually an extension of the legislative position or is in aid of legislative duties,
the holding thereof will not result in the loss of the legislator's seat in the Congress. Legislators who serve as treaty
negotiators under the President..

FORBIDDEN OFFICE. No members of the Congress shall be appointed to any office in the government that
has been crated or the emoluments thereof have been increased during his term. The purpose is to prevent public
trafficking in public office. Some legislators who do not opt to run again in the public office might create or improve
lucrative government positions and in combination with the President, arrange that they be appointed in those
positions, all at the expense of public good.

The appointment however to the forbidden office is not allowed only during the term for which a certain legislator was
elected, when such office was created or its emolument thereof. After such term, and even if the legislator is re-
elected, the disqualification no longer applies and he may therefore be appointed to the office.

[Lagman v Executive Secretary] counsel or petitioner???

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Disqualifications:
DISQUALIFICATION WHEN APPLICABLE

1. Senator/Member of the House cannot

hold any other office or employment in
the Government or any subdivision,
agency or Instrumentality thereof, including During his term. If he does so, he forfeits
GOCCS or their subsidiaries. his seat.

IF the office was created or the emoluments

2. Legislators cannot be appointed to any thereof increased during the term for which
office. he was elected.

3. Legislators cannot personally appear as

counsel before any court of justice,
electoral tribunal, quasi-judicial
and administrative bodies. During his term of office.

4. Legislators cannot be financially

interested directly or indirectly in any
contract with or in any franchise, or special
privilege granted by the Government, or any
subdivision, agency or instrumentality
thereof, including any GOCC or its
subsidiary. During his term of office.

5. Legislators cannot intervene in any When it is for his pecuniary benefit or where
matter before any office of the he may be called upon to act on account of
government. his office.

iv. Internal government of Congress

Internal Rules:
1. Each House shall determine its own procedural rules.
2. Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of
powers, the courts cannot intervene in the implementation of these rules insofar as they affect the members of
Congress.
3. Also, since Congress has the power to make these rules, it also has the power to ignore them when
circumstances so require.

1. Election of Officers ???

Committee Chairmanship… each chamber runs its own house; has

exclusive power, cannot be … not even by the executive or judiciary
by virtue of separation of powers

By a majority vote of all respective members.

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2. Quorum

In order to transact business during its regular or special sessions, each House must meet the quorum or
majority of the body. One half of the members plus one is the majority. No law can be passed or a legislative
function discharged unless the quorum is reached. In determining the quorum, however, members who are
abroad, suspended or otherwise prevented from participating are not counted. Only those who are in the
Philippines and on whom the Congress has coercive power to enforce its authority and command are
counted. For example, if one of the members of the Senate is outside the Philippines, the base number is
twenty three because the Senator abroad is not counted. The quorum is therefore twelve since it is the
majority of twenty three.

Shifting majority

3. Rules of Proceedings

Rules of each House of Congress are hardly permanent in character. They are subject to revocation,
modification or waiver at the pleasure of the body adopting them as they are primarily procedural. Courts
ordinarily have no concern with their observance. They may be waived or disregarded by the legislative
body. Consequently, mere failure to conform to them does not have the effect of nullifying the act taken if the
requisite number of members has agreed to a particular measure. But this is subject to qualification. Where
the construction to be given to a rule affects person other than members of the legislative body, the question
presented is necessarily judicial in character. Even its validity is open to question in a case where private
rights are involved.

The court can intervene if rules don’t follow the law. (justiciable question)
- Commission of Appointments, if membership is wrong, it is not valid, the
court can step in
- Senate tabulating election of results, if its wrong it can be brough to Court
– Judicial Review

4. Power over members and right to sit ???

Power to discipline members is within the house, 2/3 of all members

Ombudsman – actions arising from a crime
Preventive suspension – not a penalty, not punitive in character; just
accept; stricken off the records

5. Discipline of members ???

1.) Suspension:
1. Concurrence of 2/3 of ALL its members and
2. Shall not exceed 60 days.
2.) Expulsion: Concurrence of 2/3 of ALL its members.

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6. Sessions

Kinds of Session. The Congress has regular sessions and special sessions. On the one hand, the
regular sessions are conducted once a year starting on the fourth Monday of July and continue as
long as the Congress deems it necessary but only until thirty days before the next regular session. On
the other hand, special sessions are conducted anytime upon the call of the President on subjects he
wishes to consider. This can last for as long as the Congress wants.

7. Journal and congressional records

a. Enrolled bill theory

As the President has no authority to approve a bill not passed by Congress, an enrolled Act in the custody of the
Secretary of State, and having the official attestations of the Speaker of the House of Representatives, of the
President of the Senate, and of the President of the United States, carries, on its face, a solemn assurance by the
legislative and executive departments of the government, charged, respectively, with the duty of enacting and
executing the laws, that it was passed by Congress. The respect due to coequal and independent departments
requires the judicial department to act upon that assurance, and to accept, as having passed Congress, all bills
authenticated in the manner stated; leaving the court to determine, when the question properly arises, whether the
Act, so authenticated, is in conformity with the Constitution.

b. Probative value of the journal

1.) The Journal is conclusive upon the courts.

2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of
each House. Thus where the certifications are valid and are not withdrawn, the contents of the enrolled bill are
conclusive upon the courts as regards the provision of that particular bill.

c. Matters to be entered in the journal (see Art VI, Sec 16 (4), 26-27)

d. Journal entry rule v enrolled bill theory

RIDER – A PROVISION THAT IS NOT SUPPOSED TO BE PART OF THE LAW, BUT WAS INSERTED
A rider is a provision which does not relate to a particular appropriation stated in the bill.

v. Powers of Congress

1. Police Power

The power to define crimes and prescribe their corresponding penalties is legislative in nature and inherent in the
sovereign power of the state to maintain social order as an aspect of police power. The legislature may even forbid
and penalize acts formerly considered innocent and lawful provided that no constitutional rights have been abridged.
However, in exercising its power to declare what acts constitute a crime, the legislature must inform the citizen with
reasonable precision what acts it intends to prohibit so that he may have a certain understandable rule of conduct
and know what acts it is his duty to avoid. This requirement has come to be known as the void-for-vagueness
doctrine which states that a statute which either forbids or requires the doing of an act in terms so vague that men of
common intelligence must necessarily guess at its meaning and differ as to its application, violates the first essential
of due process of law.

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It must not be forgotten that police power is an inherent attribute of sovereignty. It has been defined as the power
vested by the Constitution in the legislature to make, ordain, and establish all manner of wholesome and reasonable
laws, statutes and ordinances, either with penalties or without, not repugnant to the Constitution, as they shall judge
to be for the good and welfare of the commonwealth, and for the subjects of the same. The power is plenary and its
scope is vast and pervasive, reaching and justifying measures for public health, public safety, public morals, and the
general welfare. As an obvious police power measure, Article 202 (2) must therefore be viewed in a constitutional
light.

[People vs Siton]

2. General plenary powers

It is a long-recognized principle that the power to create a municipal corporation is essentially legislative in nature. In
the absence of any constitutional limitations a legislative body may Create any corporation it deems essential for the
more efficient administration of government (I McQuillin, Municipal Corporations, 3rd ed., 509). The creation of the
new Municipality of Sibagat was a valid exercise of legislative power then vested by the 1973 Constitution in the
Interim Batasang Pambansa.

[Torralba vs Sibagat]

3. Legislative power
a. Procedural limitations (see Art VI, Sec 26-27)
b. Express substantive limitations (see Art III; Art VI, Sec 25, 28, 29-31)
c. Implied substantive limitations

It is a basic precept that among the implied substantive limitations on the legislative powers is the prohibition against
the passage of irrepealable laws. Irrepealable laws deprive succeeding legislatures of the fundamental best
senses carte blanche in crafting laws appropriate to the operative milieu. Their allowance promotes an unhealthy
stasis in the legislative front and dissuades dynamic democratic impetus that may be responsive to the times. As
Senior Associate Justice Reynato S. Puno once observed, [t]o be sure, there are no irrepealable laws just as there
are no irrepealable Constitutions. Change is the predicate of progress and we should not fear change.

Moreover, it would be noxious anathema to democratic principles for a legislative body to have the ability to bind the
actions of future legislative body, considering that both assemblies are regarded with equal footing, exercising as they
do the same plenary powers. Perpetual infallibility is not one of the attributes desired in a legislative body, and a
legislature which attempts to forestall future amendments or repeals of its enactments labors under delusions of
omniscience.

[City of Davao vs RTC]

d. Prohibition against delegation legislative powers

i. Criterion of valid delegation

The principle of separation of powers ordains that each of the three great branches of government has exclusive
cognizance of and is supreme in matters falling within its own constitutionally allocated sphere. A logical
corollary to the doctrine of separation of powers is the principle of non-delegation of powers, as expressed in the
Latin maxim: potestas delegata non delegari potest which means what has been delegated, cannot be delegated.
This doctrine is based on the ethical principle that such as delegated power constitutes not only a right but a duty to
be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of
another.

With respect to the Legislature, Section 1 of Article VI of the Constitution provides that the Legislative power shall be
vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives. The powers
which Congress is prohibited from delegating are those which are strictly, or inherently and exclusively, legislative.
Purely legislative power, which can never be delegated, has been described as the authority to make a complete law

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 Constitution I
complete as to the time when it shall take effect and as to whom it shall be applicable and to determine the
expediency of its enactment.[40] Thus, the rule is that in order that a court may be justified in holding a statute
unconstitutional as a delegation of legislative power, it must appear that the power involved is purely legislative in
nature that is, one appertaining exclusively to the legislative department. It is the nature of the power, and not the
liability of its use or the manner of its exercise, which determines the validity of its delegation.

Nonetheless, the general rule barring delegation of legislative powers is subject to the following recognized limitations
or exceptions:

(1) Delegation of tariff powers to the President under Section 28 (2) of Article VI of the Constitution;
(2) Delegation of emergency powers to the President under Section 23 (2) of Article VI of the Constitution;
(3) Delegation to the people at large;
(4) Delegation to local governments; and
(5) Delegation to administrative bodies.

2 Tests of Validity of Delegation

1. Completeness TEST – A law is complete when it sets forth therein the policy to be executed, carried out or
implemented by the delegate. It lays down a sufficient standard when it provides adequate guidelines or
limitations in the law to map out the boundaries of the delegates authority and prevent the delegation from
running riot.
2. Sufficient Standard TEST –To be sufficient, the standard must specify the limits of the delegates authority,
announce the legislative policy and identify the conditions under which it is to be implemented.

HAVE TO BE COMPLIED WITH ALTOGETHER, OTHERWISE THE LAW WILL BE SHUTDOWN

FOR NOT HAVING BEEN PROPERLY DELEGATED.

In every case of permissible delegation, there must be a showing that the delegation itself is valid. It is valid only if the
law (a) is complete in itself, setting forth therein the policy to be executed, carried out, or implemented by the
delegate; and (b) fixes a standard the limits of which are sufficiently determinate and determinable to which the
delegate must conform in the performance of his functions. A sufficient standard is one which defines legislative
policy, marks its limits, maps out its boundaries and specifies the public agency to apply it. It indicates the
circumstances under which the legislative command is to be effected. Both tests are intended to prevent a total
transference of legislative authority to the delegate, who is not allowed to step into the shoes of the legislature and
exercise a power essentially legislative.
[ABAKADA vs Executive Secretary]

ii. Undue delegation

iii. Proper delegation

1. By express authority of the Constitution
2. Delegation to the President
3. Delegation to local governments
4. Delegation of power to carry out defined policy according to prescribed
standards

For a valid delegation of power, it is essential that the law delegating the power must be (1) complete in itself, that is it
must set forth the policy to be executed by the delegate and (2) it must fix a standard — limits of which are sufficiently
determinate or determinable — to which the delegate must conform.

[Osmena vs Orbos]

5. Promulgation of rules and regulation ???

e. Prohibition against irrepealable laws ???

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 Constitution I
4. Question hour
Inquiries may also be conducted to obtain information from the heads of departments on matters pertaining to how
laws are implemented. This is called the question hour. The manner of obtaining information, however, is not
compulsory because of the doctrine of separation of powers. The heads of the departments are alter egos of the
President; to maintain the co-equality of the executive and legislative branch, either House of Congress may only
request for the appearance of the department heads. Conversely, the department heads may appear but the
Congress is not obliged to hear them. Question hour is different from legislative inquiry in that appearance in the
former is not compulsory, while appearance in the latter is compulsory; information derived in the former is in exercise
of “oversight functions,” while informative derived in the latter is in aid of legislation; and the former is not among the
traditional processes of a presidential government, while the latter is an inherent legislative power under a
presidential government.

5. Legislative inquiries and investigation - (see Art VII, Sec 21-22)

Scope:
1. Either House or any of their committees may conduct inquires ‘in aid of legislation’.
2. “In aid of legislation” does not mean that there is pending legislation regarding the subject of the inquiry. In fact,
investigation may be needed for purposes of proposing future legislation.
3. If the stated purpose of the investigation is to determine the existence of violations of the law, the investigation is
no longer ‘in aid of legislation’ but ‘in aid of prosecution’. This violates the principle of separation of powers and
is beyond the scope of congressional powers.
Enforcement:
1. Since experience has shown that mere requests for information does not usually work, Congress has the
inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated until such time
that they agree to testify.
2. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the body
ceases to exist after its final adjournment, the power to incarcerate ceases to exist as well. Thus, each
‘Congress’ of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is indefinite because
the Senate, with its staggered terms, is a continuing body.
3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry is within
the scope of Congress’ powers. i.e. it is in aid of legislation.
4. The materiality of a question is determined not by its connection to any actually pending legislation, but by its
connection to the general scope of the inquiry.
5. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be exercised
by local government units unless they are expressly authorized to do so.

Limitations:
1. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House
conducting the inquiry; and
2. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The right against self-
incrimination.

[Renault vs Nazareno]
The House of Representatives and the President are absolutely independent of the Senate, in the conduct of
legislative and administrative inquiries, and the power of each House to imprison for contempt does not go beyond
the necessity for its own self-preservation or for making its express powers effective. Each House exercises this
power to protect or accomplish its own authority and not that of the other House or the President. Each House and
the President are supposed to take care of their respective affairs. The two Houses and the Chief Executive act
separately although the concurrence of the three is required in the passage of legislation and of both Houses in the
approval of resolutions.

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 Constitution I
6. Acts as board of canvassers for Presidential and VP Elections - (see
Art VII, Sec 4)
7. Call for special elections for President and VP- (see Art VII, Sec 10)
8. Revoke and or extend Suspension of privilege of habeas corpus and
declaration of martial law- (see Art VII, Sec 18)
9. Approve Presidential amnesties- (see Art VII, Sec 19)
10. Confirm certain appointments - (see Art VII, Sec 9)
Commission of Appointments - (see Art VII, Sec 18)
11. Concurrence in treaties - (see Art VII, Sec 21)
12. Declaration of war and delegation of emergency powers - (see Art VI,
Sec 23)
13. Be judge of President’s fitness - (see Art VII, Sec 11)
14. Power of impeachment - (see Art XI, Sec 2-3)
15. Amendment or revision of the Constitution - (see Art XVII)
16. Power of Appropriation -- (see Art VI, Sec 29)

The Government budgeting process consists of four major phases:

1. Budget preparation. The first step is essentially tasked upon the Executive Branch and covers the estimation of
government revenues, the determination of budgetary priorities and activities within the constraints imposed
by available revenues and by borrowing limits, and the translation of desired priorities and activities into expenditure
levels.

2. Legislative authorization. –– At this stage, Congress enters the picture and deliberates or acts on the budget
proposals of the President, and Congress in the exercise of its own judgment and wisdom formulatesan appropriation
act precisely following the process established by the Constitution, which specifies that no money may be paid from
the Treasury except in accordance with an appropriation made by law.

3. Budget Execution. Tasked on the Executive, the third phase of the budget process covers the
various operational aspects of budgeting. The establishment of obligation authority ceilings, the evaluation of work
and financial plans for individual activities, the continuing review of government fiscal position, the regulation of funds
releases, the implementation of cash payment schedules, and other related activities comprise this phase of the
budget cycle.

4. Budget accountability. The fourth phase refers to the evaluation of actual performance and initially approved work
targets, obligations incurred, personnel hired and work accomplished are compared with the targets set at the time
the agency budgets were approved.

17. Power of taxation -- (see Art VII, Sec 28)

Limitations:
1) The rule of taxation should be UNIFORM
2) It should be EQUITABLE
3) Congress should evolve a PROGRESSIVE system of taxation.
4) The power to tax must be exercised for a public purpose because the power exists for the general welfare
5) The due process and equal protection clauses of the Constitution should be observed.
Delegation of power to fix rates
1) Congress may, BY LAW, authorize the President to fix the following:
a) Tariff rates
b) Import and Export Quotas

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 Constitution I
c) Tonnage and wharfage dues
d) Other duties and imposts

Within the framework of the national development program of the Government

2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to
such limitations and restrictions as it may impose.
Constitutional tax exemptions:
1) The following properties are exempt from REAL PROPERTY taxes
(CODE: Cha Chu M- CA)
a) Charitable institutions
b) Churches, and parsonages or convents appurtenant thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or
educational purposes.
2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and
duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational
purposes. (Art. XIV Sec 4 (3))

3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes
shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))

18. Electoral Tribunal - (see Art VII, Sec 17)

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 Constitution I
The Legislative process

vi. Requirements as to bills - (see Art VII, Sec 26 (1))

1. As to title
2. Requirement as to certain law’s enrolled bill

a. Appropriation laws

b. Power of taxation and requirements as to tax laws

Equality and uniformity of taxation means that all taxable articles or kinds of property of the same class be taxed at
the same rate. The taxing power has the authority to make reasonable and natural classifications for purposes of
taxation. To satisfy this requirement it is enough that the statute or ordinance applies equally to all persons, forms
and corporations placed in similar situation. (City of Baguio v. De Leon, supra; Sison, Jr. v. Ancheta, supra)

c. Jurisdiction of the Supreme Court

vii. Procedure on passage of bills - (see Art VI, Sec 26 (2))

Re-memorize the procedure (Statcon notes)

viii. Presidential veto - - (see Art VII, Sec 27)

1. Every bill, in order to become a law, must be presented to and signed by the President.
2. If the President does not approve of the bill, he shall veto the same and return it with his
objections to the House from which it originated. The House shall enter the objections in the
Journal and proceed to reconsider it.
3. The President must communicate his decision to veto within 30 days from the date of receipt
thereof. If he fails to do so, the bill shall become a law as if he signed it.
4. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the
bill.

ix. Legislative veto

1. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the
bill. In such case, the veto is overriden and becomes a law without need of presidential
approval.
2. Item veto
 The President may veto particular items in an appropriation, revenue or tariff bill.
 This veto will not affect items to which he does not object.

x. Effectivity of laws
Art 2. Civil Code

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 Constitution I
xi. Journal and congressional records

ii. Executive Branch

a. The President
1. Singular President/Executive
Both as Chief Executive and Head of State; the whole Executive is the President

2. Qualifications, elections, term, oath

b. Powers and function of the President

1. Executive power
i. Power to execute laws
ii. Control and supervision
Control is defined as “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.” It includes the
authority to order the doing of an act by a subordinate or to undo such act or to assume a power directly vested in
him by law. Control is a stronger power than mere supervision, which means “overseeing or the power or authority of
an officer to see that subordinate officers perform their duties. If the latter fails or neglects to fulfill them, then the
former may take such action or steps as prescribed by law to make them perform their duties.

iii. General supervision of LGUs and autonomous region

The Constitution vests the President with the power of supervision, not control, over local government units
(LGUs). Such power enables him to see to it that LGUs and their officials execute their tasks in accordance with
law. While he may issue advisories and seek their cooperation in solving economic difficulties, he cannot prevent
them from performing their tasks and using available resources to achieve their goals. He may not withhold or alter
any authority or power given them by the law. Thus, the withholding of a portion of internal revenue allotments legally
due them cannot be directed by administrative fiat.

iv. Power of appointment

Limitations

1. Congress may prescribe qualifications for public office.

2. Certain appointments are subject to approval of the Commission on Appointments.
3. The Judiciary may annul appointments made by the President if the appointee has not been validly confirmed or
does not possess the required qualifications.
4. Appointments to public office cannot be forced upon any citizen except for purposes of the defense of the State.
5. Appointments extended by an acting President shall remain effective unless revoked by the elected President
within ninety days from his assumption of office.
6. Appointment is prohibited two months before the next presidential elections and up to the end of the president or
acting president except temporary appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety. (midnight appointment)

Permanent or Temporary.
Appointment may be permanent or temporary. It is permanent when the person appointed possesses the required
eligibility of the post and is thus protected by the constitutional provision on security of
tenure. Temporary appointment, on the other hand, is given to a person without the required eligibility, and thus can
be removed from the office without the necessity of just cause or a valid investigation. Temporary appointments rest

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 Constitution I
on the understanding that the person will be replaced at any time a final choice shall have been made by the
President of who shall occupy the post.

Appointment vs. Designation

Designation is different from appointment. Although designation may be loosely defined as an appointment because it
also involves the naming of a particular person to a specified public office, the latter simply means the imposition of
additional duties, usually by law, on a person already in the public service. For example, the chairman of the Board of
Investments is, by designation, a member of the National Economic Development Council. (ibid).

Regular or Ad Interim
A regular appoinment is made during the legislative session. It is made only after the nomination is confirmed by the
Commission on Appointment (CA) and once confirmed by the CA, continues until the end of the term of the
appointee.

An ad interim appointment is made when the Congress is in recess. It does not wait for the confirmation of the
Commission on Appointment but such appointment ceases to be valid if disapproved by the CA or upon the next
adjournment of the Congress. This kind of appointment is intended to prevent a hiatus in the discharge of official
duties.

2. Executive power
3. Power over legislation
i. Veto
ii. Delegated authority during emergency
iii. Integrative powers

4. Special Powers
i. Commander in chief
ii. Martial law
iii. Executive clemencies. the power of the President in criminal cases
and in state convictions to pardon a person convicted of a crime, commute
the sentence (shorten it, often to time already served) or reduce it from
death to another lesser sentence. There are many reasons for exercising
this power including real doubts about the guilt of the party, apparent
excessive sentence, humanitarian concerns such as illness or an aged
inmate, to clear the record of some who has demonstrated rehabilitation
or public service or because the party is a political or personal friend of
the President.
1. Reprieve - withholding of the sentence for an interval of time, a
postponement of execution, a temporary suspension of execution
2. Amnesty - An act of grace concurred in by Congress, usually extended
to groups of persons who commit political offenses, which puts into
oblivion the offense itself.
3. Commutation - a remission of a part of the punishment; a substitution of
a less penalty for the one originally imposed.
4. Pardon - “an act of grace, proceeding from the power entrusted with
the execution of the laws, which exempts the individual, on whom it is
bestowed, from the punishment the law inflicts for a crime he has
committed

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 Constitution I
Amnesty V. Pardon

AMNESTY PARDON

Addressed to POLITICAL offenses Addressed to ORDINARY offenses

Granted to a CLASS of persons Granted to INDIVIDUALS

Need not be accepted Must be accepted

Requires concurrence of majority of all

members of Congress No need for Congressional concurrence

A public act. Subject to judicial notice Private act of President. It must be proved.

Only penalties are extinguished.

May or may not restore political rights.

Absolute pardon restores. Conditional
does not.

Civil indemnity is not extinguished.

Extinguishes the offense itself

May be granted before or after Only granted after conviction by final

conviction judgement

iv. Diplomatic powers and foreign affairs

1. Conduct of foreign affairs
2. Contracting and guaranteeing foreign loans
3. Recognition of foreign states
4. Settlement of disputes with foreign powers
5. Treaty making
6. Executive agreements
7. Deportation of undesirable aliens

v. Residual powers
The President, upon whom executive power is vested, has unstated residual powers which are implied from the grant
of executive power and which are necessary for her to comply with her duties under the Constitution. The powers of
the President are not limited to what are expressly enumerated in the article on the Executive Department and in
scattered provisions of the Constitution. This is so, notwithstanding the avowed intent of the members of the
Constitutional Commission of 1986 to limit the powers of the President as a reaction to the abuses under the regime
of Mr. Marcos, for the result was a limitation of specific power of the President, particularly those relating to the
commander-in-chief clause, but not a diminution of the general grant of executive power.

vi. Emergency powers

vii. Budgetary power

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 Constitution I

c. Prohibition and immunity

1. Immunity from suit

The President is immune from suit and criminal prosecution while he is in office.

The subsistence of this doctrine under the 1987 Constitution was confirmed in Soliven vs Judge Makasiar which
assumed that indeed the president, Cory Aquino in this case, enjoys immunity. The Court said: “The rationale for the
grant to the President of the privilege of immunity from suit is to assure the exercise of Presidential duties and
functions free from any hindrance or distraction, considering that being the Chief Executive of the Government is a
job that, aside from requiring all of the office-holder’s time, also demands undivided attention. But this privilege of
immunity from suit, pertains to the President by virtue of the office and may be invoked only by the holder of the
office; not by any other person in the President’s behalf. Thus, an accused in a criminal case in which the President is
complainant cannot raise the presidential privilege as a defense to prevent the case from proceeding against such
accused.”

[beltran vs makasiar]

2. Executive privilege

Executive privilege is not a personal privilege, but one that adheres to the Office of the President. It exists to protect
public interest, not to benefit a particular public official. Its purpose, among others, is to assure that the nation will
receive the benefit of candid, objective and untrammeled communication and exchange of information between the
President and his/her advisers in the process of shaping or forming policies and arriving at decisions in the exercise
of the functions of the Presidency under the Constitution. The confidentiality of the President’s conversations and
correspondence is not unique. It is akin to the confidentiality of judicial deliberations. It possesses the same value as
the right to privacy of all citizens and more, because it is dictated by public interest and the constitutionally ordained
separation of governmental powers.

[Neri vs Senate Committee]

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 Constitution I

d. Succession

Sections 7-12, PRESIDENTIAL SUCCESSION

1. Vacancies at the beginning of the term

VACANCY SUCCESSOR

President-elect fails to qualify or to be VP-elect will be Acting President until

chosen someone is qualified/chosen as President.

President-elect dies or is permanently

disabled. VP becomes President.

1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until
a President or a VP shall have been
chosen and qualified.

In case of death or disability of (1) and

Both President and VP-elect are not chosen (2), Congress shall determine, by law,
or do not qualify or both die, or both who will be the acting President.
become permanently disabled.

e. The Vice President

f. Removal and rights of succession in the cabinet

Secretary, DFA, by tradition, the highest level among the Secretaries

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