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ARTICLE I: National Territory Territorial waters, or a
territorial sea, as defined by the 1982 United Nations Convention
on the Law of the Sea[1], is a belt of coastal waters extending at
most twelve nautical miles from the baseline (usually the mean
low-water mark) of a coastal state. The territorial sea is regarded
as the sovereign territory of the state, although foreign ships
(both military and civilian) are allowed innocent passage through
it; this sovereignty also extends to the airspace over and seabed
below. The term "territorial waters" is also sometimes used
informally to describe any area of water over which a state has
jurisdiction, including internal waters, the contiguous zone, the
exclusive economic zone and potentially the continental shelf.
BASELINE: Normally, the baseline from which the territorial sea is
measured is the low-water line along the coast as marked on
large-scale charts officially recognized by the coastal state. This
is either the low-water mark closest to the shore, or alternatively
it may be an unlimited distance from permanently exposed land,
provided that some portion of elevations exposed at low tide but
covered at high tide (like mud flats) is within 12 nautical miles
(22 km) of permanently exposed land. Straight baselines can
alternatively be defined connecting fringing islands along a coast,
across the mouths of rivers, or with certain restrictions across
the mouths of bays. In this case, a bay is defined as "a
well-marked indentation whose penetration is in such proportion to
the width of its mouth as to contain land-locked waters and
constitute more than a mere curvature of the coast. An indentation
shall not, however, be regarded as a bay unless its area is as
large as, or larger than, that of the semi-circle whose diameter is
a line drawn across the mouth of that indentation". The baseline
across the bay must also be no more than 24 nautical miles (44 km)
in length. INTERNAL WATERS: Waters landward of the baseline are
defined as internal waters, over which the state has complete
jurisdiction: not even innocent passage is allowed. Lakes and
rivers are considered internal waters, as are all "archipelagic
waters" within the outermost islands of an archipelagic state such
as Indonesia or the Philippines.
TERRITORIAL SEA: A state's territorial sea extends up to 12
nautical miles (22 km) from its baseline. If this would overlap
with another state's territorial sea, the border is taken as the
median point between the states' baselines, unless the states in
question agree otherwise. A state can also choose to claim a
smaller territorial sea. Conflicts still occur whenever a coastal
nation claims an entire gulf as its territorial waters while other
nations only recognize the more restrictive definitions of the UN
convention. Two recent conflicts occurred in the Gulf of Sidra
where Libya has claimed the entire gulf as its territorial waters
and the U.S. has twice enforced freedom of navigation rights (Gulf
of Sidra incident (1981), Gulf of Sidra incident (1989)).
CONTIGUOUS ZONE: The contiguous zone is a band of water extending
from the outer edge of the territorial sea to up to 24 nautical
miles (44 km) from the baseline, within which a state can exert
limited control for the purpose of preventing or punishing
"infringement of its customs, fiscal, immigration or sanitary laws
and regulations within its territory or territorial sea". This will
typically be 12 nautical miles (22 km) wide, but could be more (if
a state has chosen to claim a territorial sea of less than 12
nautical miles), or less, if it would otherwise overlap another
state's contiguous zone. However, unlike the territorial sea there
is no standard rule for resolving such conflicts, and the states in
question must negotiate their own compromise. The United States
invoked a contiguous zone on 24 September 1999.[2] CONTINENTAL
SHELF: Article 76[4] gives the legal definition of continental
shelf of coastal countries. For the physical geography definition,
see the continental shelf page. The continental shelf of a coastal
nation extends out to the outer edge of the continental margin but
at least 200 nautical miles (370 km) from the baselines of the
CONSTI LAW I ATTY. CANDELARIA
territorial sea if the continental margin does not stretch that
far. The outer limit of a country's continental shelf shall not
stretch beyond 350 nautical miles (648 km) of the baseline, or
beyond 100 nautical miles (185 km) from the 2,500 meter isobath,
which is a line connecting the depths of the seabed at 2,500
meters. The outer edge of the continental margin for the purposes
of this article is defined as: a series of lines joining points not
more than 60 nautical miles (111 km) apart where the thickness of
sedimentary rocks is at least 1% of the height of the continental
shelf above the foot of the continental slope; or a series of lines
joining points not more than 60 nautical miles apart that is not
more than 60 nautical miles from the foot of the continental
margin. The foot of the continental slope is determined as the
point of maximum change in the gradient at its base. The portion of
the continental shelf beyond the 200 nautical mile limit is also
known as the extended continental shelf. Countries wishing to
delimit their outer continental shelf beyond 200 nautical miles
have to submit information on their claim to the Commission on the
Limits of the Continental Shelf. The Commission must make
recommendations on matters related to the establishment of the
outer limits of their continental shelf. The limits established
based on these recommendations shall be final and binding.
Countries were supposed to lodge their submissions to extend their
continental shelf beyond 200 nautical miles within 10 years of
UNCLOS coming into force in the country, or by 13 May 2009 for
countries where the convention had come into force before 13 May
1999. As of 1 June 2009, 51 submissions have been lodged with the
Commission, of which 8 have been deliberated by the Commission and
have had
recommendations issued. The 8 are (in the order of date of
submission): Russian Federation; Brazil; Australia; Ireland; New
Zealand; the joint submission by France, Ireland, Spain and the
United Kingdom; Norway and Mexico. A coastal nation has control of
all resources on or under its continental shelf, living or not, but
no control over any living organisms above the shelf that are
beyond its exclusive economic zone. This gives it the right to
conduct petroleum drilling works and lay submarine cables or
pipelines in its continental shelf. Article II Section 1:
Philippines as a democratic and republican State Bacani vs. NACOCO
Government Functions: (revised Admin. Code) refers only to
government entity through which the function of the government are
exercised as an attribute of sovereignty, and in this are included
those arms to the government through w/c political authority is
made effective whether they be provincial, municipal or other form
of local government. These are what we call municipal corporations.
They do not include government entities which are given a corporate
personality separate and distinct from the government and which are
governed by the Corporation law. Their powers, duties and
liabilities have to be determined in the light of that law and
their corporate charters. ACCFA vs. CUGCO Governmental functions:
1) constituent the very bonds of society and are compulsory 2)
ministrant undertaken only by way of advancing the general interest
of society; optional. Land reform program governmental function and
cannot be undertaken by any private enterprise (no capacity). PVTA
vs. CIR Government to provide for general welfare. Government
entrusted to be responsible for coping with social and economic
problems with commensurate power of control
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over economic affairs: live up to commitment of promoting
general welfare through state action. Republic vs. Judge of CFI
Rizal The rice and Corn Administration is a government agency
without a distinct and separate legal personality from that of the
Republic of the Philippines. VFP vs. Reyes Public Office the right,
authority and duty, created and conferred by law, by which, for a
given period, either fixed by law or enduring at the pleasure of
the creating power, an individual is vested with some portion of
sovereign functions of the government, to be exercised by him for
the benefit of the public. Office (distinguished from employment or
contract) the creation and conferring of an office involves a
delegation to the individual of some of the sovereign functions of
the government, for the benefit of the public; that some portion of
the sovereign function of the country, either legislative,
executive or judicial, attaches, for the time being, to be
exercised for the public benefit. MIAA vs. CA GOCC a stock or
non-stock corporation, vested with functions relating to the public
needs whether governmental or proprietary in nature, and owned by
the government directly or through its instrumentalities either
wholly, or where applicable (for stock corps.), to the extent of at
least 51% of its capital stock. (MIAA as a government
instrumentality) Instrumentality defined as any agency of the
National Government, not integrated within the department
framework, vested with special functions or jurisdiction by law,
endowed with some if not all corporate powers, administering
special funds, and enjoying operational autonomy, usually through a
charter. Ramiscal vs. Sandiganbayan
AFP-RSBS a GOCC and its funds are in the nature of public funds.
Sandiganbayan has jurisdiction over offenses committed by
presidents, directors, trustees or managers of GOCCs. What charges
to file, and who are to be charged are matters addressed to the
discretion of the Ombudsman. Alzaga vs. Sandiganbayan The character
and operations of the AFP-RSBS are imbued with public interest thus
the same is a government entity and its funds are in the nature of
public funds. (similar to the GSIS) PSPCA vs. COA GOCCs are subject
to the control or supervision of the State (unlike PSPCA). A
juridical entity impressed with public interest does not make the
entity a public corporation. The true criterion to determine
whether a corporation is public or private is found in the totality
of the relation of the corporation to the State. If it is created
by the State as its own agency or instrumentality to help in
carrying out its governmental functions, then that corporation is
considered public; otherwise, it is private. Serana vs.
Sandiganbayan A UP Student Regent is a public officer. It is not a
natural right. It exists, when it exists at all only because and by
virtue of some law expressly or impliedly creating or conferring
it. Compensation is not an essential element of public office. It
is merely incidental to the public office. Delegation of sovereign
functions is essential in public office. An investment on an
individual of some portion of the sovereign functions of the
government, to be exercised by him for the benefit of the public
makes one a public officer. The administration of UP is a sovereign
function of the State. (Art. XIV) De Jure and De Facto Government
Co Kim Cham vs. Valdez Tan Keh
CONSTI LAW I ATTY. CANDELARIA
Kinds of de facto government: 1) government that gets possession
and control of, or usurps, by force or by the voice of the
majority, the rightful legal government and maintains itself
against the will of the latter (like England under the
Commonwealth); 2) established and maintained by military forces who
invade and occupy a territory of the enemy in the course of war,
and which is denominated a government of paramount force (like
Castine in Maine and Tampico, Mexico); 3) established as an
independent government by the inhabitants of a country who rise in
insurrection against the parent State (like the Southern
Confederacy). Distinguishing characteristics of the 2nd kind of de
facto government: 1) its existence is maintained by active military
power within the territories and against the rightful authority of
an established and lawful government; 2) while it exists it must
necessarily be obeyed in civil matters by private citizens who, by
acts of obedience rendered in submission to such force, do not
become responsible, as wrongdoers, for those acts, though not
warranted by the laws of the rightful government. Letter of
Associate justice Puno Revolution the complete overthrow of the
established government in any country or state by those who were
previously subject to it.; sudden, radical and fundamental change
in the government or political system, usually effected with
violence or at least some acts of violence; occurs whenever the
legal order of a community is nullified and replaced by a new order
away not prescribed by the first order itself. The Aquino
government was revolutionary government due to the fact that it was
established in defiance of the existing legal processes. It was a
revamp of the Judiciary and the Military signaled the point when
the legal system then in effect, had ceased to be obeyed by the
Filipino. (De Facto Government). People vs. Gozo The Philippines
has authority over its entire domain. There is no portion of it
that is beyond its power. Within its limits, its decrees are
supreme, its commands paramount. Its laws govern therein and apply
to all. The extent of its jurisdiction is both territorial and
personal. A State may allow another to participate in the exercise
of jurisdictional right over certain portions of its territory
(auto-limitation) but these areas do not retain an alien character,
but remain as native soil. Section 2: International Law and
Philippine Municipal Law
Tanada vs. Angara The principles in Art. 2 are not intended to
be self-executing principles ready for the enforcement of the
courts. They are used by the judiciary as aids or as guides in the
exercise of its power of judicial review. They do not embody
judicially enforceable rights but guidelines for legislation. A law
should be passed by Congress to clearly define and effectuate such
principles. GATT as international law needs to be ratified to be
transformed into municipal law. Bayan vs. Zamora As long as the VFA
possesses the elements of an agreement under international law, the
said agreement is to be taken equally as a treaty, which is an
international instrument concluded between States in written form
and governed by international law, whether embodied in a single
instrument or in 2 or more related instruments, and whatever it
particular designation. In international law, there is no
difference between treaties and executive agreements in their
binding effect upon states concerned, as long as the negotiating
functionaries have remained within their powers. In this,
jurisdiction, we have recognized the binding effect of executive
agreements even without the concurrence of the Senate or Congress.
Lim vs. Exec. Sec. A party to a treaty is not allowed to invoke its
internal law as justification for its failure to perform a treaty.
A treaty is favored over municipal law pursuant to the principle of
pacta sunt servanda. Every treaty in force is binding upon the
parties to it and must be performed by them in good faith. The VFA
gives legitimacy to the Balikatan Exercises. Mijares vs. Ranada
There is no obligatory rule derived from treaties or conventions
that requires the Philippines to recognize foreign judgments, or
allow a procedure for the enforcement thereof. Shagri-La vs.
Developers Pharmaceutical vs. Duque III Under the 1987
Constitution, international law can become part of the law of the
land
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either by transformation or incorporation. Transformation
requires that the international law be transformed into domestic
law through a constitutional mechanism such as local legislation.
Incorporation applies, when by mere constitutional declaration ,
international law is deemed to have force and effect of domestic
law. Treaties become part of the law of the land through
transformation, by concurrence of 2/3 majority vote of the members
of Senate. Section 3: Civilian Supremacy IBP vs. Zamora Orders
which resemble the functions of aid by the AFP already present and
existent within the functions of society such as elections,
national exams, relief and rescue operations and projects of the
Red Cross, are not violative of civilian supremacy. Section 5:
Maintenance of Peace and Order Kilosbayan vs. Morato The principles
in Article 2 do not embody self-executing constitutional rights,
but mere guidelines for legislation and aid for the judiciary.
Section 12: Family life, mother, unborn Roe vs. Wade On the basis
of the right to privacy, abortion was legalized up to the 6 month
of pregnancy. The constitutional provision bars any application of
the Roe vs. wade decision in this jurisdiction. Meyer vs. Nebraska
Education should always be diligently promoted as it has always
been regarded as a matter of supreme importance. It is the natural
duty of the parent to give his children education suitable to his
station in life. Rights of parents are superior to the State.th
Pierce vs. Society of Sister The fundamental theory of liberty
exclude any general power to standardize its children by forcing
them to accept instruction from public school teachers only.
Wisconsin vs. Yoder Only those interests of the highest order and
those not otherwise served can overbalance the primary interest of
parents in the religious upbringing of their children. Inherent
duty of the state to act as parens patriae (parent of the STATE).
Schools may take disciplinary action when: 1. 2. violations of
school policies in connection with school sponsored activities
misconduct affecting students status or good name or reputation of
the school.
Ginsburg vs. New York The knowledge that parental control cannot
always be provided and societys transcendent interest in protecting
the welfare of the children justify reasonable regulation of the
sale of material to them. Section 16: Right to a balanced and
healthful ecology Opposa vs. Factoran Intergenerational justice and
responsibility: Section 16 one of the few self-executing principles
in Article 2. LLDA vs. CA It is a constitutional commonplace that
the ordinary requirements of due process yield to the necessities
of protecting vital public interests like the protection of the
safety,
CONSTI LAW I ATTY. CANDELARIA
health and general welfare and comfort of the public, as well as
the protection of plant and animal life: through the exercise of
police power. Section 19: Self-reliant and independent national
economy Garcia vs. BOI The State shall develop self-reliant and
independent national economy effectively controlled by Filipinos.
The government must run its affairs the way it deems best for the
national interest, without any external influence or control.
Tanada vs. Angara Independence refers to freedom from undue foreign
control of the national economy especially in such strategic
industries as in the development of natural resources and public
utilities. It does not prohibit competition, so long as it is fair
and reasonable. Some amount of competition would be beneficial for
the consumers, as well as producers. Section 26: Equal access to
political opportunities and political dynasties Pamatong vs.
Comelec There is no constitutional right to run for or hold public
office and, particularly, to seek the presidency. What is
recognized is merely a privilege subject to limitations imposed by
the law. Equality is not sacrificed so long as the burdens
engendered by the limitations are meant to be borne be any one who
is minded to file a certificate of candidacy. Article VI Powers of
Congress: plenary: article XVI authorizes Congress to pass law to
change name of country, national anthem or national flag; subject
to ratification by the people. VALID DELEGATION Legislative/ Law
making Legislative Executive
Law
Implementing Rules and Regulations
Law-making Rule-making Principle of non-delegability of
Legislative Power People v. Rosenthal Blue Sky Law The executive
has the power of subordinate legislation, insofar as it interprets
the laws were it is based, and not going beyond and enacting laws.
Moreover, this enhances convenience and promotes specialization
through the administrative bodies. Substantive shares- under
insular treasurer Not undue delegation: standard of public interest
Delegation to be made: sufficient standard to define rules and
regulations Laws constitutional basis: 1. Public purpose 2.
Reasonableness of means Araneta vs. Gatmaitan EO 22, 66 and 88 The
legislature has the discretion to what the law should be while the
executive has the authority or discretion to the execution of such
laws, provided that the execution be exercised under and in
pursuance of the law. Any fishing net or fishing device Protect
fish fry and fish eggs (under fisheries law) Fish trawl destroys
fish fry and fish eggs and comes under Any fishing net or fishing
device People vs. Maceren The lawmaking body cannot delegate to an
executive official the power to declare what acts should constitute
a criminal offense. It can only authorize the issuance of
regulations and the imposition of the penalty provided for in the
law itself. An
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administrative agency cannot amend an act of Congress. obnoxious
and poisonous substance under fisheries law prohibited Fisheries
Administrative 84 Prohibits electro fishing (created by sec. of
Agriculture and Natural resources, and Commissioner of Fisheries)
Penalizes something that is not included in the law that created it
(fisheries law) Test of completeness and Sufficient standard test
Ad. 84 goes beyond the fisheries law: added the criminalization of
electro fishing
Standard Public Safety Vienna Convention for Road Signs and
Signals Free Telephone Workers vs. Min. of labor What cannot be
delegated is the authority under the Constitution to make laws and
to alter and repeal them; the test is the completeness of the
statute in all its term and provisions when it leaves the hands of
the legislature. SC furthered that there lies a distinction between
the (1) delegation of power to make the laws that necessarily
involves a discretion as to what it shall be (law-making powers of
the Congress) and (2) delegation of authority as to its execution
to be exercised under and in pursuance of the law (law-execution
powers of administrative bodies). This principle of nondelegation
is in response to the complexities of modern governments giving
rise to the adoption, within certain limits, of the principle of
subordinate legislation. Min of Labor resolve labor disputes ->
compulsory arbitration of NLRC Eastern Shipping vs. POEA With the
proliferation of specialized activities and their attendant of
peculiar problems, the national legislature has found it more
necessary to entrust to administrative agencies the authority to
issue rules to carry out the general provisions of the statute.
This is called the power of subordinate legislation. Memorandum
Circular No. 2 implementation Standard: fair and equitable
employment practice No contract bet employer and employee POEA to
protect the employee Tablarin vs. Gutierrez With the growing
complexities of modern life, the multiplication of the subjects of
governmental regulation, and the increased difficulty of
administering the laws, there is a constantly growing tendency
toward the delegation of greater power by the
Agustin vs. Edu To avoid the taint of unlawful delegation, there
must be a standard, which implies at the very least that the
legislative itself determines matters of principle and lays down
fundamental policy. Otherwise, the charge of complete abdication
may be heard to repel. A standard thus 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. It is the criterion by which
legislative purpose may be carried out. Thereafter, the executive
or administrative office designated may in pursuance of the above
guidelines promulgate supplemental rules and regulations. The
standard may be either express or implied. If the former, the
non-delegation objection is easily met. The standard though does
not have to be spelled out specifically. It could be implied from
the policy and purpose of the act considered as a whole. In the
Reflector Law, clearly the legislative objective is public safety.
EWD LOI 229 and 479 Memorandum Circular No. 32
CONSTI LAW I ATTY. CANDELARIA
legislature, and toward the approval of the practice by the
courts. As regards the issue of failing to establish the necessary
standards, the court believes that standards have indeed been set,
as can be found in Section 1 of the 1959 Medical Act: the
standardization and regulation of medical education. RA 2382
created the Board of Medical Education Standard: standardization
and regulation of the Medical education: power to determine and
prescribe requirements for the admission into Med schools Order 52:
creation of NMAT for standardization Guingona v. Carague Delegation
of Legislative Powers: The legislature does not abdicate its
function when it describes what job must be done, who is to do it,
and what is the scope of his authority. The power to make laws and
to alter and repeal them CANNOT be delegated. Completeness of Law:
The law must be complete in all its essential terms and conditions
when it leaves the legislature so that there will be nothing left
for the delegate to do when it reaches him except to execute and
enforce it. Budget Appropriation books of treasury determine the
appropriation for debt Total amount of debt along with interests
and other fees standard to be used Conference vs. POEA POEA
Resolution to increase seamen compensation and benefits Osmena vs.
Orbos For a valid delegation of power, it is essential that the law
delegating the power must be (1) Complete in itself, that it must
set forth the policy to be executed by the delegate and (2) It must
fix a standardlimits of which are sufficiently determinate or
determinableto which the delegate must conform. The standard of
legislative delegation must be express or implied. If the former,
the
non-delegation objection is easily met. The standard though does
not have to be spelled out specifically. It could be implied from
the policy and purpose of the act considered as a whole. What the
law intended was to permit the additional imposts for as long as
there exists a need to protect the general public and the petroleum
industry from the adverse consequences of pump rate fluctuations.
OPSF Created by Marcos reimburse oil companies of the changes in
the price to stabilize prices for consumers Oil Producers ->
Market forces change prices -> imported to Philippines Viola vs.
Alunan Local Government Code provides National Liga authority to
create positions, as it may deem necessary. Fernandez v. Sto Tomas
Authority to reorganize civil service commission Standard:
decentralization for efficiency and responsiveness in the
management of the agencies Not create and abolish but to
reorganize: revised administrative code Chiongbian v. Orbos RA 6734
ARMM plebiscite: 4 provinces for creation of autonomous region
President given power to merge the remaining regions: sufficient
standard: efficient administration implied in another law Rodrigo
vs. Sandiganbayan DBM given authority to fill in the details of the
salary grade, classification Not undue delegation: standards given
Abakada v. Ermita
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Vat 10% to 12%, following certain criteria President, through
the Secretary of Finance, given criteria to ascertain facts of the
situation in relation to the implementation of the increase. The
case is not a delegation of legislative power but a delegation of
ascertainment of facts upon which the enforcement and
administration of the increase rate under the law is contingent.
The legislature has made the 12% rate contingent upon a specified
fact or condition, which is outside of the control of the
executive. Thus, there is no discretion that is exercised by the
President. The court cited Wayman vs. Southward: The power to
ascertain facts is such a power which may be delegated. There is
nothing essentially legislative in ascertaining the existence of
facts or conditions as the basis of the taking into effect of law
The ground for this that legislature has determined that under
given circumstances, certain executive or administrative action is
to be taken and that under other circumstances, different or no
action at all is to be taken. What is left to the administration is
not legislative determination of what public policy demands but
simply an ascertainment of what the facts of the case require to be
done according to the terms of the law by which he is governed.
Beltran v. Sec. of Health RA 7719 Voluntary Blood Donation and
regulate blood banks Public Health sufficient guideline. There is a
valid exercise of police power if (a) public interest requires
state interference, and (b) the means employed are necessary to the
attainment of such objectives. in this regard the interests of the
owners/operators of the CBBs must give way to the higher interest
of the people. Bayan v. Ermita BP No. 880 permits for rallies:
issued by the Mayor, clear and present danger standard for issuance
The delegation to the mayors of the power to issue rally permits is
valid because it is subject to the constitutionally-sound clear and
present danger standard.
Gerochi vs. DOE Constitutionality of EPIRA and Universal Charge
Undue Delegation Power of tax: UC not a tax but exercise of Police
power Complete: amount of universal charge is based on guidelines
provided in EPIRA Sufficient Standard: total electrification,
viability of power industry, electricity made affordable ABAKADA
vs. Purisima BIR and BOC: system of rewards and sanctions Revenue
targets given by DBCC; employees covered by the civil service
commission and contracts of the employees UNDUE DELEGATION People
vs. Vera Probation Act will only be applied to provinces which
provide salaries for probation officers Not complete in itself w/n
having probation officers under discretion of the provincial board
Not sufficient standard arbitrary standard given People vs. Barrias
The penalty must not be left to the administrative agency, but must
be provided by statute. People vs. Panlilio
CONSTI LAW I ATTY. CANDELARIA
Act No. 1760 not criminalizing act May be charged under other
law: Penal Code People vs. Dacuycuy Law imposes fine, but no terms
of imprisonment Minimum, medium and maximum sentence depending on
the circumstances of the crime (mitigating, etc.) Judge given legal
discretion - circumstances in the crime = penalty to be imposed Act
296 less than 3000.00 php Cebu Oxygen vs. Drilon RA 6470 increasing
minimum wage = implementing rules Ynot vs. Intermediate Appellate
Court EO 626 A: prohibition on inter-province transport of carabao
and cara-beef. as may deem necessary gives legislative power to
officers: arbitrary Implementing rules cannot add or detract from
the provisions of law it designed to implement. Pharmaceutical and
Health Care Assoc. vs. Duque III EO No. 51 (Milk Code) legislative
power under freedom consti: Pres. Aquino WHO promote the use of
breastmilk; Milk Code promote the use of breastmilk; DOH
International law Soft Law and hard Law: WHO soft law, regulation:
has to be enacted into local regulation before it becomes binding
There was a defect RIRR invalidated: provided a ban on
advertisement on milk substitutes, but the law, does not provide
for a total ban, only the international law was followed
International soft law must first be enacted into a local
regulation before it can be followed by any agency Milk Code
provides the local enactment of the soft law and it is what should
have been followed ABAKADA vs. Purisima BIR and BOC System of
rewards RA 9335, section 12: creation of the Joint Congressional
Oversight Committee for approval of IRR of the RA. Encroahment of
the legislative into the realm of judiciary: decision is judiciary
in nature as it involves the interpretation and application of the
RA unto the IRR. Tatad vs. Sec of DOE RA 8180 Deregulating the
Downstream Oil Industry 2 phases: trasition Full deregulation:
implementation should be based on two criteria: 1. 2. global oil
prices decline US-Peso exchange rate stable
EO 372 implemented full deregulation adding additional criteria:
depletion of OPSF: void: executive misapplication. Congress has to
rely more on the practice of delegating the execution of laws to
the executive and other administrative agencies, as society becomes
more complex. According to jurisprudence, there are two tests to
determine, whether it is a valid delegation 1) the completeness
test, and, 2) the sufficient standard test. Congress: Senate and
House of Representatives HoR: 2 ways to run: (3 year term, 3
consecutive terms) = 250 members unless otherwise provided by law
1. District representative natural-born, at least 25 years old,
read and write, registered voter of the district, resident of same
district at least one
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year preceding the day of the election 2. Party-list
representative 7. 8.
section 9 RA 7941 Nominee must belong to the marginalized and
underrepresented sector Nominee must be able to contribute to the
formulation of legislation
Senate: term of 6 years, re-election for 2 consecutive terms
only Election: 6 years for first 12, 3 years for latter 12 = 24
members Section 5: Composition of the HoR = 80% district
representatives + 20% party-list representatives Barangay vs.
COMELEC Standards for apportioning seats for Party-list
Representatives 20% composition : merely a ceiling, not mandatory
to fill in all seats: merely reserved for PLR Ang Bagong Bayani vs.
COMELEC Characteristics of a party-list: (guideline for COMELEC) 1.
2. must represent the marginalized and underrepresented groups must
comply with declared statutory policy of enabling Filipinos
belonging to marginalized and underrepresented sectors be elected
in the HoR. Must not represent a religious sect Must not be
disqualified under section 6 of RA 7941 Party or org must not be an
adjunct of or a project organized by the government Party must
comply with requirements, as well as its nominees under
AKLAT vs. COMELEC AKLAT re-disqualified: did not meet
qualifications mentioned in the bagong bayani case Tobias vs.
Abalos RA 7675: Mandaluyong into an urbanized city: create own
legislative district and a new legislative district of San Juan:
reapportionment Gerrymandering creation of a new legislative
district to increase possible number of voters for elections,
contrary to the guideline of contiguous, compact and adjacent
territory. Consti one province at least on representative Not
gerrymandering rep who issued RA will actually be made to lose part
of his district: contiguous, compact and adjacent territory Mariano
vs. COMELEC RA 7854: Municipality of Makati into a highly urbanized
city Valid: reapportionment thru special law: duty of congress to
reapportion Criteria: population (250,000) and, income or area
Samson vs. Aguirre RA 8583: Novaliches as a city: certification as
to income, population and area not
3. 4. 5. 6.
CONSTI LAW I ATTY. CANDELARIA
fatal: statements of NSO, Bureau of Local Government Finance,
and Land Montejo vs. COMELEC COMELC res. No 2736: change
legislative district of Capoocan and Palompon: COMELEC only to make
minor adjustments Legislative district can only be apportioned by
legislative i.e. congress Herrera vs. COMELEC Province of Guimaras
made into 4th class province Districting based on number of
inhabitants: not reapportionment: can be undertaken by COMELEC
(districting) Sema vs. COMELEC RLA RA 9054: power to create
province, cities, etc. Creation of the province of Shariff
Kabunsan: the power to create provinces inherently involves the
power to create legislative districts. However, under the present
Constitution, the power to increase the allowable membership in the
House of Representatives, as well as the power to reapportion
legislative districts, is vested exclusively in Congress (by virtue
of Sections 5, (1), (3) and (4) of Article 6). This textual
commitment to Congress of the exclusive power to create or
reapportion legislative districts is logical. Congress is a
national legislature and any increase in its allowable membership
or in its incumbent membership through the creation of legislative
districts must be embodied in a national law. It would be anomalous
for regional or local legislative bodies to create or reapportion
legislative districts for a national legislature like Congress. An
inferior legislative body, created by a superior legislative body,
cannot change the membership of the superior legislative body.
Bagabuyo vs. COMELEC Legislative apportionment representation in
the HoR Reapportionment is brought about by changes in population
and mandated by the constitutional requirement of equal
representation. Hence, emphasis is given to the number of people
represented; the uniform and progressive ratio to be observed
among the representative districts; and accessibility and
commonality of interests in terms of each district being, as far as
practicable, continuous, compact and adjacent territory. In terms
of the people represented, every city with at least 250,000 people
and every province (irrespective of population) is entitled to one
representative. Section 6 Bengson vs. COMELEC Repatriation oath of
allegiance, which reinstates previous status as a Filipino:
natural-born in Tarlac Aquino vs. COMELEC Domicile physical
residence, and intention to return there permanently. Less than one
year residency prior to date of elections; lease of a house not
permanent: disqualified. The place where a party actually or
constructively has his permanent home, where he, no matter where he
may be found at any given time, eventually intends to return and
remain, i.e., his domicile is that to which the Constitution refers
when it speaks of residence for the purposes of election law.
Marcos vs. COMELEC Criteria for the abandonment of domicile: actual
removal or change in domicile bona fide intention of abandoning and
establishing new one acts which correspond to the purpose absence
of which would continue the domicile of origin Domino vs. COMELEC
Lease of house not indicative of intent of permanence Perez vs.
COMELEC
12 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
1 3
Domicile- the place where a party actually of constructively has
his permanent home, where he, no matter where he may be found at
any given time, eventually intends to return and remain The fact
that a person registered as a voter in one district is not proof of
his domicile in the said district. Petitioner ran for governor of
the province previously SJS vs. COMELEC COMELEC resolution
additional qualification of a candidate for senate:
unconstitutional as it violates the explicit qualifications in the
consti Section 7: term of representatives Dimaporo vs. Mitra, Jr.
BP Blg. 881 forfeiture or voluntary giving up of ones tenure, due
to the act of filing of certificate of candidacy. Term legally
mandated Tenure actual time Forfeiture, expulsion, voluntary
renunciation Section 9: Filling-in Vacancies Lucero vs. COMELEC
Failure of elections = special elections Tolentino vs. COMELEC
Vacancy in senate: RA 7166: permanent vacancy at least one year
before expiration
of the term, shall call and hold a special elections, but in
case of vacancy in senate, special election will be held
simultaneously with the next regular elections. Special elections
can coincide with regular elections Ocampo vs. HRET 2nd placer
cannot take the place of a disqualified first placer Salaries The
salaries of members of the Senate is governed by Article VI of the
Constitution as follows: Sec. 10. The salaries of Senators and
Members of the House of Representatives shall be determined by law.
No increase in said compensation shall take effect until after the
expiration of the full term of all the members of the Senate and
the House of Representatives approving such increase. Sec. 20. The
records and books of accounts of Congress shall be preserved and be
open to the public in accordance with law, and such books shall be
audited by the Commission on Audit which shall publish annually an
itemized list of amounts paid to and expenses incurred for each
Member. It must be noted that in accordance with the above
provisions, there is no prohibition against the receipt of
allowances by the members of Congress. The second section, on the
other hand, seeks to avoid the recurrence of the abuses committed
by the members of the Old Congress in allotting themselves fabulous
allowances the amount of which they refused to divulge to the
people. It is now provided under the Constitution that the books of
accounts of Congress shall be open to public inspection and must be
audited by the Commission on Audit. Moreover, every member of
Congress itemized expenditures, including allowances, shall be
published annually for the information of the people. It is
interesting to note that the Constitution in Section 17, Article
XVIII, provides the
CONSTI LAW I ATTY. CANDELARIA
corresponding salaries of Senators, to wit: Until the Congress
provides otherwise, the President shall receive an annual salary of
three hundred thousand pesos; the Vice-President, the President of
the Senate, the Speaker of the House of Representatives, and the
Chief Justice of the Supreme Court, two hundred forty thousand
pesos each; the Senators, the members of the House of
Representatives, the Associate Justices of the Supreme Court, and
the Chairmen of the Constitutional Commissions, two hundred four
thousand pesos each; and the Members of the Constitutional
Commissions, one hundred eighty thousand pesos each. However, under
Joint Resolution No. 1, the salaries of the members of the Senate
is increased to salary grade 33 with monthly equivalent rate of
P35,000.00. The Senate President, on the other hand, is raised to
salary grade 34 with a monthly basic salary of P40,000.00. Section
11: Immunity of arrest punishable by more than six years
imprisonment; while congress is in session 4 Monday of july (SONA)
and ends 30 days before the next session (compulsory recess), with
small recesses in between. People vs. Jalosjos Conviction of more
than 6 years imprisonment immunity not applicable Elected by
constituents even though he was already convicted. Trillanes vs.
Pimentel No person charged by capital offense or offense punishable
by reclusion perpetua shall be admitted to bail when evidence of
guilt is strong. Capacity to carry out his duties while in prison.
Jimenez vs. Cabangbang Libelous letter: not in the exercise of his
duties Though, it was not libelous against the petitioners, only
alleges that they wereth
unwitting tools, not that they were the planners themselves.
Part of communicative and deliverative process Puyat vs. De Guzman
IPI elections = puyat group vs. acero group = SEC case Fernandez
intervention circumstances show that there is indirect appearance
as counsel before administrative body Santiago vs. Guingona
Minority vs. majority = must be understood in ordinary terms
Avelino vs Cuenco Adjournment -> proclamation of new senate
president and session continued with only 12 members present Quorum
majority of the house instead of majority of all the members of the
house 12 members out of 23 is majority of the house = based on the
number of those present People vs. jalosjos Compulsion to attend:
jalosjos saying that he could be persuaded for being unable to
attend session: not reason for release Absence is for a valid
reason: being detained Arroyo vs. De Venecia RA 8240 passed in
congress not in accordance with house rules: arroyo still had
questions regarding the bill but it was still passed: no calling of
the yeas and nays. Internal rules violated not in court
jurisdiction only the house can determine its rules and punish its
members
14 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
1 5
Osmena vs. Pendatun Privilege speech accusing Pres. Garcia of
bribery -> house comitte to investigate -> House resolution #
175 declaring him guilty of disorderly behavior and suspension for
15 months Although exempt from prosecution or civil action for
words uttered in congress, members may be questioned in CONGRESS
ITSELF. Disorderly behavior the house has exclusive power and the
court has none. Santiago vs. Sandiganbayan Santiago charged with
graft and corruption for allowing aliens to stay in Phils.
Suspended by sandiganbayan pending criminal case: not punishment
for disorderly behavior, but preliminary preventive measure for
graft and corrupt act. US vs. Pons Pons charged under Act 2381
anti-opium importation Act 2381 said to have been passed after last
day of session: according to the journals, clock was stopped at 12
midnight: law passed valid = journal prevails over extraneous
evidence Casco vs Gimenez Urea and formaldehyde vs urea
formaldehyde (as written in the law passed) Wording of the law urea
formaldehyde: error in the printing Between the journals and the
enrolled bill: enrolled bill prevails Morrales vs. Subido
Enrolled bill over journal Astorga vs. Villegas Due to the
circumstances in the case, the court looked into the Senate
journals. = amendments made but not included in the bill signed by
the president Senate president and Chief Executive: had already
withdrawn their signatures: invalidates the law Phil. Judges vs.
Prado Franking privileges of judiciary Enrolled bill clear, no need
to look into journals But law must be struck down as it violates
the equal protection of the law, in regards to the removal of
franking privileges of the judiciary ABAKADA vs. Ermita Enrolled
bill to be followed as it was the one approved by both houses and
by the president. SECTION 17: Senate and House Representatives
Electoral Tribunal Election Contest - statutory contests in which
the contestant seeks not only to oust the intruder, but also to
have himself inducted into the office. Pre-proclamation contests -
any question pertaining to or affecting the proceedings of the
board of canvassers in relation to the preparation, transmission,
receipt, custody and appreciation of the election returns. Angara
vs. Electoral Commission
CONSTI LAW I ATTY. CANDELARIA
Prescription given by Electoral commission has sole jurisdiction
over election returns and qualifications of its members Vera vs.
Avelino Deferment of oath-taking not election contest Oath-taking-
makes one a members of the legislature: under jurisdiction of the
Electoral tribunal Chavez vs. COMELEC Pre-proclamation cases not
allowed for president, vp, senators and members of HoR Aquino vs
COMELEC Electoral tribunal does not assume jurisdiction until the
winning candidate has been proclaimed and has taken his oath of
office 2nd placer cannot take the place of the winning candidate
Perez vs. COMELEC COMELEC no longer has jurisdiction as perez was
already proclaimed. Garcia vs HRET HRET acted according to its own
rules, no grave abuse of discretion resulting in lack/excess of
jurisdiction. Rasul vs. COMELEC HRET exclusivity in jurisdiction
over election contests relating to its own members. Guerrero vs.
COMELEC Villarosa vs. HRET Initials not to be used, only one
nickname per candidate: not known as Girlie: JTV initials of her
husband
Aggabao vs COMELEC Barbers vs. COMELEC Roces vs. HRET Electoral
tribunals: 3 justices appointed by Chief Justice, 6 from members of
Senate or the HoR Abbas vs SET Electoral tribunal must always be
composed of legislative members: for every 2 legislators only one
justice. Pimentel vs. HRET Party-list reps in HoR did not elect a
member to the HRET Bondoc vs. Pineda HRET must be non-partisan:
must not alter composition of the HRET. Robles vs. HRET Motion to
withdraw does not end tribunals jurisdiction Arroyo vs. HRET
NON-TRADITIONAL PROCESS OF PRECINCT-LEVEL DOCUMENT-BASED EVIDENCE
the process of procuring election documents used not only during
the actual balloting stage of the election but much earlier, as
early as the time of the registration of voters. (not the best form
of evidence) Lerias vs. HRET Original copy of the certificates of
canvass should be the best evidence Sandoval vs. HRET Substitute
service exhaust all means of locating recipient,
16 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
1 7
Section 18: Commission on Appointment Daza vs. Singson Shift in
representation of LDP party = reapportionment of the Commission on
Appointment Must be based on proportional representation, political
party must be permanent Coseteng vs. Mitra 2 seats per appointment
into commission Guingona vs. Gonzales Cannot reduce the number of
seats of a party in favor of another. 12 member Commission not
mandatory, what is mandatory is the proportional representation
Section 21 legislative investigations Negros vs. sanguniang
Panlungsod Power of inquiry for the legislative only, not delegated
Bengzon vs. Senate Blue Ribbon Committee Power of inquiry to be
exercised only for legislative purposes Senate vs. Ermita Question
hour vs. power of inquiry Gudani vs. Senga
Commander-in-chief powers may limit power of inquiry of congress
Standard vs. Senate Compel to attend in aid of legislation Neri vs.
Senate Executive privilege: 2 kinds: presidential communications
(between president and executive official) and deliberative process
(between executive officials only) Garci vs House Senate inquiry
must be deferred until publication of the Senate rules has been
complied with. Section 22: Question Hour Voluntary with consent of
the President, or upon the request of the house For oversight
functions
Arnault vs Nazareno The materiality of the question must be
determined by its direct relation to the subject of the inquiry and
not by its inherent relation to any possible or proposed
legislation. (Answer might be the basis if the subject is to be
made the subject of legislation.) Senate continuing power of
investigation terminates at the end of session; may be taken up
again at the next session. Sabio vs. Gordon Senate vs Ermita
Question hour vs. in aid of legislation: can only be limited by
PRESIDENTIAL
CONSTI LAW I ATTY. CANDELARIA
communication privilege Executive: with presidential consent vs.
anyone Remedy: Sec 21: habeas corpus petition vs. sec 22: questions
to be submitted beforehand and executive session Section 23:
congress sole power to declare the existence of a state of war, but
may by law authorize president for a limited time, to exercise
powers necessary and to carry out a declared national policy.
Lawless violence, invasion or rebellion either suspend writ of
habeas corpus or declare martial law. In line with David vs. Arroyo
gr. no. 171396 (re BP 1070) Section 24: origin of money bills,
private bills and local application Appropriations specific sum of
money appropriated for departments for the performance of their
functions Revenue bills raising taxes Tariff bills raises revenue
from importation and exportation of goods Bills authorizing
increase of public debt Bills of local application in relation to
provinces, cities and municipalities, ex. Change municipality into
a city Private bills ex. Reacquisition of citizenship Tolentino vs.
Sec of Finance It is the bill that has to originate from the HoR,
not the law itself. HoR and Senate equal = has power to propose
amendment, even through substitution. originate exclusively from
the HoR, but Senate may propose and concur with amendments.
Alvarez vs Guingona The filing in the Senate of a substitute
bill in anticipation of its receipt of the Bill of the House, does
not contravene the constitutional requirement that a bill of local
application should originate from the House of Representatives, for
as long as the Senate does not act thereupon until it receives the
House Bill. Presentations on (3 area- 3 groups) Constitutional
commissions on COMELEC: Civil Service and COA Southern Cross vs
Philcemcor Bill is a tariff bill for a particular purpose Pascual
vs Sec. of Public Works Incidental advantage to the public or to
the state, which results from the promotion of private interest and
the prosperity of private enterprises or business, does not justify
their aid by the use public money. Section 25 Rules on
Appropriation Brillantes vs COMELEC Electronic quick count (Phase
III) not included in the GAA Appropriation in the GAA for
modernization of Election system; not for quick count Guingona vs
Carague Appropriation there must be a fixed amount: valid if it
only needs to be computed Garcia vs. Mata 3rd law should have
applied, but applicable provision was invalidated due to its
insertion in the Appropirations Act. Atitiw vs Zamora
18 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
1 9
In order that a provision or clause in a general appropriations
bill may comply with the test of germaneness, it must be
particular, unambiguous, and appropriate. Particular if it relates
specifically to a distinct item or appropriation in the bill and
does not refer generally to the entire appropriations bill
Unambiguous when its application or operation is apparent on the
face of the bill and it does not necessitate reference to details
or sources outside the appropriations bill Appropriate when its
subject matter does not necessarily have to be treated in a
separate legislation. Farinas vs Executive Secretary Difference
between elective and appointed officials. Demetria vs Allba The
president cannot indiscriminately transfer funds without regard as
to whether or not the funds to be transferred are actually savings
in the item from which the same are to be taken, or whether or not
the transfer is for the purpose of augmenting the item to which
said transfer is to be made. Liga vs. COMELEC Philconsa vs Enriquez
Chief of Staff cannot be delegated power to augment: only for those
enumerated in the constitution. Sanchez vs COA 2 requisites for
augmentation: 1) Actual savings; and, 2) there is an existing item
to be augmented.
Deputy Executive Secretary of DILG no power to augment: only
president, senate president, speaker of the House, Chief Justice,
and heads of Constitutional Commissions Section 26: Subject and
title of bills General prohibition on riders Cordero vs. Cabatuando
The constitutional requirement (one title one bill rule) is
satisfied if all parts of the law related to, and are germane to
the subject matter expressed in the title of the Bill. It is
sufficient of the title is comprehensive enough reasonably to
include the general object which the statute seeks to effect,
without expressing each and every end and means necessary or
convenient for the accomplishment of the object. Philconsa vs
Gimenez It has been the general disposition of the court that the
constitutional provision involving the one title one subject rule
should be construed liberally, in favor of the validity of the
statute. The purpose of this rule is to: 1. 2. prevent fraud or
surprise in the legislature fairly appraise the people, through
such publication of legislation that are being considered, in order
that they may have the opportunity of being heard thereon by
petition or otherwise, if they shall so desire.
The requirement that the subject of the act shall be expressed
in its title is not a mere rule of legislative procedure; it is
MANDATORY. It is the duty of the court to declare void any statute
not conforming to the constitutional provision. Alalayan vs NPC If
the object of the law is to amend a previous legislation, it will
suffice if the title
CONSTI LAW I ATTY. CANDELARIA
gives reference to the amended law. Insular lumber vs CTA The
primary purpose of the one subject-one title rule is to prohibit
duplicity of legislation, the title of which might completely fail
to appraise the legislators or the public of the nature, scope and
consequences of the law or its operation. -> every presumption
fails its validity Where there is doubt as to the insufficiency of
either the title or the Act, the legislation should be sustained.
Tio vs Videogram Regulatory Board Art. VI, Sec. 26 is sufficiently
complied with if the title is comprehensive enough to include the
general purpose to which a statute seeks to achieve. It is
satisfied if all the parts of the statue are related to, and are
germane to the subject expressed in the title, or as long as they
are not inconsistent with and foreign to the general subject and
title. PRACTICAL rather than TECHNICAL construction. Phil. Judges
vs Prado The title need not be an index of the body of the act, or
be comprehensive as to cover every single detail of the measure. It
need only that all provisions in said act should be germane to the
subject thereof. Tobias vs Abalos A liberal construction of the one
title-one subject rule has been invariably adopted by the court so
as not to impede or cripple legislation. Tatad vs DOE The title of
a law need not mirror or fully index or catalogue all the contents
or provisions of the said law. De Guzman vs COMELEC Purpose of
section 26: 1) prevent hodge-podge or log-rolling legislation; 2)
to prevent surprise or fraud upon the legislature by means of
provisions in bills of which titles
gave no info, and which might therefore be overlooked and
carelessly and unintentionally adopted; and, 3) to fairly appraise
the people through such publication of legislative proceedings as
is usually made, of the subjects of legislation that are being
considered, in order that they may have opportunity of being heard
thereon by petition or otherwise if they so desire. Section 26 is
said to have been complied with if the title is comprehensive
enough to embrace the general to embrace the general objective it
seeks to achieve: presumption is in favor of validity. Cawaling vs
COMELEC Every statutes has in its favor the presumption of
validity: grounds for nullity must be beyond reasonable doubt.
(This also goes for one title-one subject rule). Section 27:
Procedure in Law-making Arroyo vs De Venecia No rule of the House
of Representatives has been cited which specifically requires that
in case involving the approval of a conference committee report,
the Chair must restate the motion and conduct a viva voce or
nominal voting. The constitution does not require that the yeas and
nays of the Members be taken every time a House has to vote, except
only in the ff circumstances: 1) upon the last and third readings
of the bills; 2) at the request of 1/5 of the members present; and,
3) in repassing a bill over the veto of the president. Abakada vs
Ermita It is within the power of a conference committee to include
in its report an entirely new provision that is not found either in
the House bill or in the Senate bill. If the committee can propose
an amendment consisting of one or two provisions, there is no
reason why it cannot propose several provisions, collectively
considered as an amendment in the nature of a substitute, so long
as such amendment is germane to the subject of the bills before the
committee. Bicameral conference committees have power to introduce
amendments. No amendment rule pertains only to the procedure to be
followed by each house of the
20 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
2 1
Congress with regard to bills initiated in each of said
respective Houses, before said bill is transmitted to the other
house for its concurrence or amendment. Commissioner of Internal
Revenue vs CTA An item in a revenue bill doesnt refer to an entire
section imposing a particular kind of tax, but rather to the
subject of the tax and the tax rate. To construe item as referring
to the whole section, would tie the presidents hand in choosing
either to approve the whole section at the expense of also
approving a provision therein which he deems unacceptable or veto
the entire section at the expense of foregoing the collection of
the kind of tax altogether. In Appropriation bills, the president
may exercise item-veto. Gonzalez vs Macaraig The terms item and
provision in budgetary legislation and practice are concededly
different. An item in a bill refers to the particulars, the
details, and the distinct and several parts of a bill. It furthered
that an item of an appropriation bill obviously means an item which
in itself is a specific appropriation of money, not some general
provision of law, which happens to be put into an appropriation
bill. Inappropriate provisions should be treated as items subject
to the veto power of the president. To determine if a provision is
an inappropriate provision: test of appropriateness It is not
enough that a provision be related to the institution or agency to
which funds are appropriated. Conditions and limitations properly
included in an appropriation bill must exhibit such a connection
with money items of appropriation that they logically belong in a
schedule of expenditures. For the rule to apply, restrictions
should be such in the real sense of the term, not some matter which
are more appropriately dealt with in a separate legislation.
Bengzon vs Drilon
The act of the Executive in vetoing particular provisions is an
exercise of a constitutionally vested power. But the veto power is
not absolute. Only particular items may be vetoed. The president
cannot set aside or reverse a final and executory judgment of the
court through the exercise of the veto power, nor can she enact or
amend statutes promulgated by her predecessors, much less to repeal
existing laws. Philconsa vs Enriquez Where the veto is claimed to
have been made without or in excess of the authority vested in the
President, the issue of an impermissible intrusion of the Executive
into the Legislative domain arises. Section 28: Taxation Planters
vs Fertiphil Public purpose is at the heart of a tax law. It is an
elastic concept. The inherent requirement that taxes can only be
exacted for a public purpose still stands. When a tax law is only a
mask to exact funds from the public when its true intent is to give
undue benefit and advantage to a private enterprise, the law will
not satisfy the requirement of public purpose. The purpose of the
law is evident from its text or inferable from other secondary
sources. CIR vs Lingayen A tax is uniform when it operates with the
same force and effect in every place where the subject of it is
found. Uniformity means that all property belonging to the same
class shall be taxed alike. (Follows requisites for a valid
classification). Tolentino vs Sec. of Finance Tax exemption based
on valid classification (?) Tan vs. Del Rosario
CONSTI LAW I ATTY. CANDELARIA
Uniformity of taxation follows valid classification between
individuals and corporations: 1) the standards that are used
therefore are substantial and not arbitrary 2) the categorization
is germane to achieve the legislative purpose 3) the law applies,
all things being equal, to both present and future conditions 4)
the classification applies equally well to all those belonging to
the same class. Under the tax system, the trend is to treat
different things differently. CIRvsCA All subjects or objects
similar must be equally taxed, or put on equal footing both in
privileges and liabilities; no exemptions. All taxable articles or
kinds of property of the same class must be taxed at the same rate
and the tax must operate with the same force and effect in every
place where the subject may be found. Abra Valley College vs Aquino
The exemption in favor of property used exclusively for charitable
or educational purposes is not limited to property actually
indispensable therefore, but extends to facilities that are
incidental to and reasonably necessary for the accomplishment of
said purpose, such as in the case of hospitals, a school for
training nurses, a nurses home, property used to provide housing
facilities for interns, doctors, superintendents, and other members
of the hospital staff, etc. The exemption extends to facilities
which are incidental to and reasonably necessary for the
accomplishment of the main purpose of the charitable or educational
(or religious) institution. The test of exemption is the use of the
property for purposes mentioned in the constitution. Bayan vs
Zamora
John Hay vs Lim Since only Congress can pass tax laws, it
follows that only Congress can provide tax exemptions, through the
passage of legislation. Southern Cement vs Philcemcor The power of
taxation by nature and by command of the fundamental law is a
preserve of the legislature. The delegation of taxation power by
the legislative to the executive is authorized by the constitution
itself. The constitution also grants Congress the right to impose
restrictions and limitations on the taxation power of the
president. The restrictions and limitations imposed by Congress
take on the mantle of a constitutional command, which the executive
branch is obliged to observe. Lung Center vs QC To determine
whether an enterprise is a charitable institution/entity or not,
the elements which should be considered include the statutes
creating the enterprise, its corporate purpose, its constitution
and by-laws, the methods of administration, the nature of the
actual work performed, the character of the services rendered, the
indefiniteness of the beneficiaries, and the use and occupation of
the properties. A charity may be fully defined as a gift, to be
applied consistently with existing laws, for the benefit of an
indefinite number of persons, either by bringing their minds and
hearts under the influence of education or religion, by assisting
them to establish themselves in life or otherwise lessening the
burden or government. The test whether an enterprise is charitable
or not is whether it exists to carry out a purpose recognized in
law as charitable or whether it is maintained for gain, profit or
private advantage. A charitable institution does not lose its
character as such and its exemptions from taxes simply because it
derives income from paying patients, or receivables from the
government (or donations), so long as the money received is devoted
or used altogether to the charitable object which it is intended to
achieve, and no money inures to the private benefit of the persons
managing or operating the institution. Abakada vs Ermita The power
of tax cannot be delegated, but the details as to the enforcement
and
22 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
2 3
administration of an exercise of such power may be left to the
executive, including the power to determine the existence of facts
which its operation depends, the rationale being that the
preliminary ascertainment of facts as basis for the enactment of
legislation is not itself a legislative function but is simply
ancillary to legislation. The constitution does not require that
Congress find for itself every fact upon which it desires to base
legislative action or that it make for itself detailed
determinations which it has declared to be prerequisite to
application of legislative policy to particular facts and
circumstances impossible for Congress itself to properly
investigate. Congress may delegate to the President the power to
increase a tax, dependent on a certain set of facts, upon the
completion of which the president may carry out the delegated
power. Spouses Constantino vs Cuisia The Congress can delegate to
the cabinet Secretary (i.e. Secretary of Finance), in his capacity
as the alter ego of the president, to carry out the authority
vested on the Chief Executive under Section 28. Republic vs City of
Kidapawan Tax exemption cannot be granted without the concurrence
of the majority of the members of congress, and may only be done
through the passage of legislation. Only congress can provide for
tax exemptions, as it is the only branch that has power to tax.
Section 29: Restrictions on the Use of Public Funds Pascual vs
Secretary of Public Works MIAA vs Mabunay Legislative may delegate
to the agency the power to provide for the means of obtaining
object of an appropriation but such act cannot go beyond
statutes.
Public bidding has been a practice, which is the accepted method
of arriving at a fair price and prevents favoritism and
overpricing. Guingona vs Carague Constitution does not require
exact, specific appropriation made by law. COMELEC vs. Quijano No
money shall be paid out of the treasury except in pursuance of an
appropriation made by law. Appropriation must first be made prior
to the bidding and creation of contracts, so as to provide for a
guideline regarding the amount that can be used for the specific
enterprise. Gaston vs Republic Planters Bank Taxes levied for a
specific purpose are considered to be special funds, which is an
exercise of the police power of the state. Once the specific
purpose is accomplished or abandoned, the funds become and are
transferred to the general funds of the state. Revenues collected
are to be treated as a special fund, to be administered in trust
for the purpose intended. Osmena vs. Orbos Money named as tax but
actually collected in the exercise of the police power of the state
may be placed in a special trust account. Section 30: Appellate
Jurisdiction of the Supreme Court First Lepanto Ceramics vs CA The
provision is intended to give the SC a measure of control over
cases placed under its appellate jurisdiction.
CONSTI LAW I ATTY. CANDELARIA
Diaz vs CA Fabian vs Disierto A law is invalid when it increases
the appellate jurisdiction of the court without its advice.
Villavert vs Desierto Tirol vs COA Cabrera vs Lapid Section 31:
Titles of Royalty and Nobility Section 32: Initiative and
Referendum SBMA vs COMELEC Defensor-Santiago vs COMELEC Lambino vs
COMELEC Article VII Section 1 Executive Power Constitutional power
granted to the President to enforce laws Includes rule-making
power: implementation and enforcement of laws passed
Marcos vs Manglapus The powers of the president are not limited
to those enumerated in the constitution: residual powers Right to
return found in the UN declaration of Human Rights, International
covenant on human rights, but not absolute: subject to national
interests, public policy and welfare, health, etc. general power to
faithfully execute the laws
express powers of the president those enumerated in the
constitution residual powers anything not expressly provided in the
Constitution, article VI Laurel vs. Garcia Power to enter into
contracts except for property under public dominion Djumantan vs.
Domingo Right of every state to regulate the entry of persons into
their country: deportation part of executive power Chavez vs. PCGG
Pontejos vs. OMB State witness will not be charged with criminal
prosecution. US vs. Nixon General claim of executive privilege is
not absolute nor unqualified; in a situation when a persons right
is made subject of a criminal proceeding, then production of
evidence is essential to uphold the constitutional rights of the
accused. Neri vs. Senate Committee Presidential communication
privilege
Philconsa vs Enriquez Webb vs De Leon The prosecution of crimes
pertains to the executive department, whose principal power and
reasonability is to see that our laws are faithfully executed.
Determining probable cause executive in character
24 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
2 5
Elements: Protected communication must relate to a
quintessential and non-delegable presidential power Must be
authored or solicited and received by a close advisor of the
President of the President himself Remains a qualified privilege
that may be overcome by a showing of adequate need. AKBAYAN vs.
Aquino Soliven vs. Makasiar President may waive immunity from suit.
The only person who can invoke immunity is the president himself.
Harlow vs. Fitzgerald Qualified Immunity or good faith immunity may
be use by an official. A official would be qualifiedly immune if he
(1) does not know that the action taken in his sphere of
responsibility would violate the constitutional rights of the
victim. (2) did not act with malicious intent. Govt officials
performing discretionary functions generally are shieled from civil
damages insofar as their conduct does not violate clearly
established statutory or constitutional rights a reasonable person
would have known. Clinton vs. Jones The President of the United
States is entitled to absolute immunity from damages liability
predicated on official acts. Some public servants are granted
immunity from suits for money damages arising out of their official
acts so as to enable them to perform their designated functions
effectively without fear that a particular decision may give rise
to personal liability. The societal interest in providing such
public
officials with the maximum ability to deal fearlessly and
impartially with the public at large as an acceptable justification
for official immunity. The point of immunity for such officials is
to forestall an atmosphere of intimidation that would conflict with
their resolve to perform their designated function in a principled
fashion. However, as much as some public officials including the
President, may be granted immunity, it does not apply to unofficial
conduct. Immunities are grounded in the nature of the function
performed, not the identity of the actor who performed. Gloria vs.
CA Immunity from suit for the president, not for cabinet members.
Estrada vs. Disierto Though incumbent presidents are immune from
suit DURING their tenure, this immunity does not extend BEYOND
their tenure. Additionally, the charges filed against Erap are
criminal in nature, and the SC cannot wrap him in post-tenure
immunity from liability. It would then circumvent the general
application of laws to him. David vs. Arroyo The President, during
his tenure of office or actual incumbency, may not be sued in any
civil or criminal case, and there is no need to provide for it in
the Constituion or law. It will degrade the dignity of the high
office of the President, the Head of State, if he can be dragged
into court litigations while serving as such. Furthermore, it is
important that he be freed from any form of harassment, hindrance
or distraction to enable him to fully attend to the performance of
his official duties and functions. Unlike the legislative and
judicial branch, only one constitutes the executive branch and
anything which impairs his usefulness in the discharge of the many
great and important duties imposed upon him by the Constitution
necessarily impairs the operation of the Government. However, this
does not mean that the President is not accountable to anyone. Like
any other official, he remains accountable to the people but he may
be removed from office only in the mode provided by law and that is
by IMPEACHMENT.
CONSTI LAW I ATTY. CANDELARIA
Constantino vs. Cuisia The President of the Philippines is the
Executive of the Government of the Philippines, and no other. The
heads of the executive departments occupy politicalPresident
Qualify Pres . VP fails to Not Chosen Pres. VP Both
Death/Disability Pres. VP Pres. Nominates VP from members of
Congress upon confirmation by majority vote of all members of both
houses Both
Canvassing of votes for President and VP is the tack of
Congress. It cannot be undertaken by the Comelec, even in the
disguise of being unofficial. Pimentel vs. Joint Committee The
canvassing of votes of the President and VP by the Congress is not
one of its legislative functions. Thus, it is not covered by the
end of the session of Congress, unlike its legislative funcstions,
which end along with the adjournment of its sessions. Lopez vs.
Senate
Both
VP acts as Pres.
No succe ssion
Senate Pres,/Spe aker of HoR (until one qualifies) acting
pres.
VP as actin g Pres.
No success ion
Senate Pres. Or Speake r of HoR
VP as Pres.
Senate Pres./S peaker of HoR
The constitution provides that Congress has the power to
promulgate its rules concerning the canvassing of votes for the
presidency and VP. Defensor-santiago vs. Ramos Section 7: Start of
Term as of noon June 30
positions and hold office in an advisory capacity, and, in the
language of Thomas Jefferson, "should be of the President's bosom
confidence", and, in the language of Attorney-General Cushing, "are
subject to the direction of the President." Without minimizing the
importance of the heads of the various departments, their
personality is in reality but the projection of that of the
President. Stated otherwise, and as forcibly characterized by Chief
Justice Taft of the Supreme Court of the United States, "each head
of a department is, and must be, the President's alter ego in the
matters of that department where the President is required by law
to exercise authority". Section 4: Election of President and VP
Anson-Roa vs. Arroyo GMA was not elected: she assumed presidency
after resignation of Estrada. Thus, there is no bar from running
for presidency as she is not covered by the phrase: run for any
reelection. Brillantes vs. Comelec
Tecson vs. Lim The election contest can only contemplate a
post-election scenario. It is fair to conclude that the
jurisdiction of the Supreme Court, defined by Section 4, paragraph
7, of the 1987 Constitution, would not include cases directly
brought before it, questioning the qualifications of a candidate
for the presidency or vice-presidency before the elections are
held. Section 7-8: Filling in vacancy in the presidency Estrada vs.
Disierto Resignation is not a high level legal abstraction. It is a
factual question and its elements are beyond quibble: there must be
an intent to resign and the intent must be coupled by acts of
relinquishment. The validity of a resignation is not government by
any formal requirement as to form. It can be oral. It can be
written. It can be express. It can be implied. As long as the
resignation is clear, it must be given legal effect. Section 8:
Midterm past June 30
26 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
2 7
Death, Disability; Removal, Resignation Pres. VP is Pres. VP
Pres. Will nominate VPP from Congress (sec. 9) Both Senate
Pres./Speaker HoR as Pres.
Death, Disability; Resignation Acting (SP/SH) of Pres.
Representatives designated by ex-officio members are not
exempted from the law: the designation is an imposition only of
additional duties, and does not confer any legally demandable
rights. Doromal vs. Sandiganbayan Participation in a contract with
the government, though indirect, is still prohibited: but accused
is entitled to investigation and rights conferred by the law.
Section 14-15: Appointments by Acting President
By Law (Congress)
Section 11: Incapacity of the President Estrada vs. Disierto To
be determined by Congress: can be ascertained form their acts of
recognition of GMA. Section 13: Prohibitions Rafael vs. Embroidery
Ex-officio capacity not entirely different from current duties and
functions; incidental to their office CLU vs. Exec. Sec. The
executive is treated as a class in itself and as such, are given
stricter prohibitions. Dela Cruz vs. COA Ex-officio capacity no
compensation for the executive who acts as such, nor do their
representatives. Bitonio vs. COA and Amnesty intl vs. COA
In Re appointment of Valenzuela There are two kinds of
appointments directed against by the appointment ban in Sec. 15,
Art. 7: (1) those made for vote-buying and (2) those made for
partisan politics. Midnight appointments such as the appointments
in question are made in consideration of partisan politics to
influence the outcome of the elections. The only appointments that
are exempted from the ban are vacant executive positions that will
prejudice public interest.
Section 16: Nature of Appointing Power
Govenrment vs. Springer The legislative branch has no power to
appoint. It is only for the executive.
Bermudez vs. Exec. Sec.
CONSTI LAW I ATTY. CANDELARIA
The president need not wait for his/her subordinates
recommendation to carry out a duty or function vested in his/her
office.
Pobre vs. Mendienta This provision empowers the President to
appoint "those whom he may be authorized by law to appoint." The
law that authorizes him to appoint the PRC Commissioner and
Associate Commissioners, is P.D. 223, Section 2, which provides
that the Commissioner and Associate Commissioners of the PRC are
"all to be appointed by the President for a term of nine (9) years,
without reappointment, to start from the time they assume office
.
Pimentel vs. Ermita
The law expressly allows the President to make such acting
appointment. Section 17, Chapter 5, Title I, Book III of EO 292
states that [t]he President may temporarily designate an officer
already in the government service or any other competent person to
perform the functions of an office in the executive branch. Thus,
the President may even appoint in an acting capacity a person not
yet in the government service, as long as the President deems that
person competent.
Flores vs. Drilon The power of choice is the heart of the power
to appoint. Appointment involves an exercise of discretion of whom
to appoint; it is not a ministerial act of issuing appointment
papers to the appointee. In other words, the choice of the
appointee is a fundamental component of the appointing power.
Sarmiento vs. Mison Except as to those officers whose
appointments require the consent of the COA by express mandate of
the first sentence in Sec 16 Art VII, appointments of other
officers are left to the President without need of confirmation by
the COA. It is only in the first sentence where it is clearly
stated that positions enumerated therein require the consent of the
COA. The word alone is a mere lapsus.
Rufino vs. Endriga The power to appoint is the prerogative of
the President, except in those instances when the Constitution
provides otherwise. Under Section 16, there is a fourth group of
lower-ranked officers whose appointments Congress may by law vest
in the heads of departments, agencies, commissions, or boards.
These inferior or lower in rank officers are the subordinates of
the heads of departments, agencies, commissions, or boards who are
vested by law with the power to appoint. Congress has the
discretion to grant to, or withhold from, the heads the power to
appoint lower-ranked officers. The 1987 Constitution only allows
heads of departments, agencies, commissions, or boards to appoint
only officers lower in rank than such heads of departments,
agencies, commissions, or boards. Calderon vs. Carale
Bautista vs. Salonga Appointing power solely vests in the
President, but once she makes the appointment, the President loses
the power over the position. Its up to the appointed person if she
would accept or not.
Quinto-Deles vs. CA Appointment of sectoral representatives need
CA confirmation.
28 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
2 9
The second sentence of Sec 16, Art VII refers to all other
officers of the government whose appointments are not otherwise
provided for by law and those whom the President may be authorized
by law. The NLRC Chairman and Commissioners fall within the second
sentence of Sec 16. The Chairman and Members of the NLRC are NOT
among the officers mentioned in the first sentence of Sec 16, whose
appointments requires the confirmation by the Commission on
App.
It is clear from Section 16, Article VII of the 1987
Constitution that only appointed officers from the rank of colonel
or naval captain in the armed forces require confirmation by the
CA. The rule is that the plain, clear and unambiguous language of
the Constitution should be construed as such and should not be
given a construction that changes its meaning. The enumeration of
appointments subject to confirmation by the CA under Section 16,
Article VII of the 1987 Constitution is exclusive. The clause
"officers of the armed forces from the rank of colonel or naval
captain" refers to military officers alone.
U-Sing vs. NLRC Same as Calderon Section 17: Power of
Control
Tarrosa vs. Singson Congress cannot by law expand the
confirmation powers of the Commission on Appointments and require
confirmation of appointments of other government officials not
expressly mentioned in the first sentence of Section 16 of Article
7 of the Constitution.
Lacson-magallanes vs. Pano The president is vested with the
executive power in the 3 branches of government. With this power,
comes the power to control all of the executive departments. He can
appoint these heads, and dismiss them as he pleases. Having the
power to control and direct them, he as well can confirm, modify or
reverse the decisions of these department secretaries.
Manolo vs. Siztoza The police force is different from and
independent of the armed forces and the ranks in the military are
not similar to those in the PNP. Thus, directors and chief
superintendents of the PNP, such as respondent police officers in
this case, do not fall under the first category of presidential
appointees requiring the confirmation by the CA (see first sentence
of the first paragraph of Section 16). PNP is not part of the AFP.
Ang-Angco vs. Castillo The power of control of the President
extends to the power 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 [President] for that
of the [subordinate officer]. This may be extended to the power to
investigate, suspend or remove officers and employees who belong to
the executive department if they are presidential appointees or do
not belong to the classified service for such can be justified that
the power to remove is inherent to the power to appoint. The same
cannot be done to officers or employees who belong to the
classified service. The
Soriano vs. Lista
CONSTI LAW I ATTY. CANDELARIA
procedure laid down in the Civil Service Act of 1959 must be
followed for their removal.
Villaluz vs. Zaldivar Inherent in the power to appoint is the
power to remove.
other offices under their jurisdiction o As head of executive
department, he may delegate some of his powers to the Cabinet
except when he is required by the Constitution to act in person or
in the exegencies of the situations demand that he act personally
The NBI is under the Department of Justice and since the Secretary
of Justice acts as alter ego of the President, his orders must be
followed by the Director of the NBI. Acts of the alter egos of the
President are acts of the President himself unless disapproved or
reprobated by the Chief Executive.
NAMARCO vs. Arca Presidents power of control includes GOCCs as
part of the Executive department. Joson vs. Torres Jurisdiction
over administrative disciplinary actions against elective local
officials is lodged in two authorities: The disciplining authority
and the Investigating Authority. The Disciplining Authority is the
President whether acting by himself or through the Executive
Secretary. The Secretary of the Interior and Local Government is
the Investigating Authority who may act by himself or by and
Investigating committee. The secretary of the DILG, however is not
the exclusive investigating authority. In lieu of the DILG
Secretary, the disciplining authority may designate a special
Investigating committee.
Drilon vs. Lim Supervision merely to determine if rules are
being followed; control change the rules and creates new ones, and
provide penalties for non-compliance with the rules.
PASEI vs. Torres The Ministry of Labor is under the executive
department and the president has the power of control of its
department head (Secretary). It is implicit in the power of control
is the power to review, confirm, modify or reverse acts of Dept
heads. In this case, if the Secretary grants a new license, Marcos
can deny or approve of it. Hence, this LOI takes the nature of a
presidential issuance which can be repealed by a later presidential
issuance.
Hutchinson vs. SBMA Chartered instirutions are always under the
power of control of the President.
Cruz vs. Sec. of DENR De Leon vs. Carpio All executive
departments, bureaus, and offices are under control of President
Presidents power of control over cabinet, who in turn controls
bureaus and PRA vs. Bunag The task of the Department of Budget and
Management is simply to review the compensation and benefits plan
of the government agency or entity concerned and
30 CONSTI LAW I ATTY. CANDELARIA BY STARR WEIGAND
3 1
determine if the same complies with the prescribed policies and
guidelines issued in this regard. The role of the Department of
Budget and Management is s