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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 etendin! at "ost

twelve na#tical "iles fro" the baseline $#s#ally the "ean low%water "ar&' of a

coastal state( The territorial sea is re!arded as the soverei!n territory of the state,altho#!h forei!n shi)s $both "ilitary and civilian' are allowed innocent )assa!e

thro#!h it* this soverei!nty also etends to the airs)ace over and seabed below(

The ter" +territorial waters+ is also so"eti"es #sed infor"ally to describe any area of

water over which a state has #risdiction

,incl#din! internal waters, the conti!#o#s-one, theecl#sive econo"ic -oneand )otentially thecontinental shelf(

./S0LN0 Nor"ally, the baseline fro" which the territorial sea is "eas#red is the

low%water line alon! the coast as "ar&ed on lar!e%scale charts officially reco!ni-edby the coastal state( This is either the low%water "ar& closest to the shore, oralternatively it "ay be an #nli"ited distance fro" )er"anently e)osed land,

)rovided that so"e )ortion of elevations e)osed at low tide b#t covered at hi!h tide$li&e "#d flats' is within 12 na#tical "iles $22 &"' of )er"anently e)osed land(

Strai!ht baselines can alternatively be defined connectin! frin!in! islands alon! a

coast, across the "o#ths of rivers, or with certain restrictions across the "o#ths of

bays( n this case, a bay is defined as +a well%"ar&ed indentation whose )enetration is

in s#ch )ro)ortion to the width of its "o#th as to contain land%loc&ed waters and

constit#te "ore than a "ere c#rvat#re of the coast( /n indentation shall not, however,be re!arded as a bay #nless its area is as lar!e as, or lar!er than, that of the se"i%circle

whose dia"eter is a line drawn across the "o#th of that indentation+( The baselineacross the bay "#st also be no "ore than 23 na#tical "iles $33 &"' in len!th(

NT04N/L 5/T04S 5aters landward of the baseline are defined as internalwaters, over which the state has co")lete #risdiction not even innocent )assa!e is

allowed( La&es and rivers are considered internal waters, as are all +archi)ela!icwaters+ within the o#ter"ost islands of an archi)ela!ic state s#ch as ndonesiaor the

6hili))ines(

T044T74/L S0/ / states territorial sea etends #) to 12 na#tical "iles $22 &"'

fro" its baseline( f this wo#ld overla) with another states territorial sea, the border is

ta&en as the "edian )oint between the states baselines, #nless the states in #estion

a!ree otherwise( / state can also choose to clai" a s"aller territorial sea(

Conflicts still occ#r whenever a coastal nation clai"s an entire !#lf as its territorial

waters while other nations only reco!ni-e the "ore restrictive definitions of the UN

convention( Two recent conflicts occ#rred in the :#lf of Sidra where Libya hasclai"ed the entire !#lf as its territorial waters and the U(S( has twice enforced

freedo" of navi!ation ri!hts $:#lf of Sidra incident $1981'

, :#lf of Sidra incident

$1989'

'(

C7NT:U7US ;7N0 The conti!#o#s -one is a band of water etendin! fro" theo#ter ed!e of the territorial sea to #) to 23 na#tical "iles $33 &"' fro" the baseline,

within which a state can eert li"ited control for the )#r)ose of )reventin! or)#nishin! +infrin!e"ent of its c#sto"s, fiscal, i""i!ration or sanitary laws and

re!#lations within its territory or territorial sea+( This will ty)ically be 12 na#tical

"iles $22 &"' wide, b#t co#ld be "ore $if a state has chosen to clai" a territorial sea

of less than 12 na#tical "iles', or less, if it wo#ld otherwise overla) another states

conti!#o#s -one( @ &"' fro" the baselines of the

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territorial sea if the continental "ar!in does not stretch that far( The o#ter li"it of a

co#ntrys continental shelf shall not stretch beyond AB@ na#tical "iles $?38 &"' of the

baseline, or beyond 1@@ na#tical "iles $18B &"' fro" the 2,B@@ "eter isobath,which

is a line connectin! the de)ths of the seabed at 2,B@@ "eters(

The o#ter ed!e of the continental "ar!in for the )#r)oses of this article is defined as

a series of lines oinin! )oints not "ore than ?@ na#tical "iles $111 &"' a)art

where the thic&ness of sedi"entary roc&s is at least 1 of the hei!ht of the

continental shelf above the foot of the continental slo)e* or

a series of lines oinin! )oints not "ore than ?@ na#tical "iles a)art that is not

"ore than ?@ na#tical "iles fro" the foot of the continental "ar!in(

The foot of the continental slo)e is deter"ined as the )oint of "ai"#" chan!e in the

!radient at its base(

The )ortion of the continental shelf beyond the 2@@ na#tical "ile li"it is also &nown

as the etended continental shelf( Co#ntries wishin! to deli"it their o#ter continental

shelf beyond 2@@ na#tical "iles have to s#b"it infor"ation on their clai" to the

Co""ission on the Li"its of the Continental Shelf( The Co""ission "#st "a&e

reco""endations on "atters related to the establish"ent of the o#ter li"its of their

continental shelf( The li"its established based on these reco""endations shall be

final and bindin!(

Co#ntries were s#))osed to lod!e their s#b"issions to etend their continental shelf

beyond 2@@ na#tical "iles within 1@ years of UNCL7S co"in! into force in the

co#ntry, or by 1A Day 2@@9 for co#ntries where the convention had co"e into force

before 1A Day 1999( /s of 1 E#ne 2@@9, B1 s#b"issions have been lod!ed with the

Co""ission, of which 8 have been deliberated by the Co""ission and have had

reco""endations iss#ed( The 8 are $in the order of date of s#b"ission' 4#ssian

=ederation* .ra-il* /#stralia* reland* New ;ealand* the oint s#b"ission by =rance,

reland, S)ain and the United Fin!do"* Norway and Deico( / coastal nation has

control of all reso#rces on or #nder its continental shelf, livin! or not, b#t no control

over any livin! or!anis"s above the shelf that are beyond its ecl#sive econo"ic-one( This !ives it the ri!ht to cond#ct )etrole#" drillin! wor&s and lay s#b"arine

cables or )i)elines in its continental shelf(

Article II

Section 1: Philippines as a democratic and republican State

Bacani s! NAC"C"

:overn"ent =#nctions $revised /d"in( Code' refers only to !overn"ent entity

thro#!h which the f#nction of the !overn"ent are eercised as an attrib#te of

soverei!nty, and in this are incl#ded those ar"s to the !overn"ent thro#!h wGc

)olitical a#thority is "ade effective whether they be )rovincial, "#nici)al or other

for" of local !overn"ent( These are what we call "#nici)al cor)orations( They donot incl#de !overn"ent entities which are !iven a cor)orate )ersonality se)arate and

distinct fro" the !overn"ent and which are !overned by the Cor)oration law( Their

)owers, d#ties and liabilities have to be deter"ined in the li!ht of that law and theircor)orate charters(

ACC#A s! C$%C"

:overn"ental f#nctions

1' constit#ent H the very bonds of society and are co")#lsory

2' "inistrant H #nderta&en only by way of advancin! the !eneral interest ofsociety* o)tional(

Land refor" )ro!ra" H !overn"ental f#nction and cannot be #nderta&en by any

)rivate enter)rise $no ca)acity'(

P&TA s! CIR

:overn"ent to )rovide for !eneral welfare( :overn"ent entr#sted to be res)onsible

for co)in! with social and econo"ic )roble"s with co""ens#rate )ower of control

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over econo"ic affairs live #) to co""it"ent of )ro"otin! !eneral welfare thro#!h

state action(

Republic s! 'ud(e o) C#I Ri*al

The rice and Corn /d"inistration is a !overn"ent a!ency witho#t a distinct and

se)arate le!al )ersonality fro" that of the 4e)#blic of the 6hili))ines(

P s! Reyes

6#blic 7ffice H the ri!ht, a#thority and d#ty, created and conferred by law, by which,

for a !iven )eriod, either fied by law or end#rin! at the )leas#re of the creatin!

)ower, an individ#al is vested with so"e )ortion of soverei!n f#nctions of the

!overn"ent, to be eercised by hi" for the benefit of the )#blic(

7ffice $distin!#ished fro" e")loy"ent or contract' H the creation and conferrin! of

an office involves a dele!ation to the individ#al of so"e of the soverei!n f#nctions of

the !overn"ent, for the benefit of the )#blic* that so"e )ortion of the soverei!n

f#nction of the co#ntry, either le!islative, eec#tive or #dicial, attaches, for the ti"e

bein!, to be eercised for the )#blic benefit(

+IAA s! CA

:7CC H a stoc& or non%stoc& cor)oration, vested with f#nctions relatin! to the )#blicneeds whether !overn"ental or )ro)rietary in nat#re, and owned by the !overn"ent

directly or thro#!h its instr#"entalities either wholly, or where a))licable $for stoc&

cor)s(', to the etent of at least B1 of its ca)ital stoc&(

$D// as a !overn"ent instr#"entality' nstr#"entality H defined as any a!ency ofthe National :overn"ent, not inte!rated within the de)art"ent fra"ewor&, vested

with s)ecial f#nctions or #risdiction by law, endowed with so"e if not all cor)orate

)owers, ad"inisterin! s)ecial f#nds, and enoyin! o)erational a#tono"y, #s#ally

thro#!h a charter(

Ramiscal s! Sandi(anbayan

/=6%4S.S H a :7CC and its f#nds are in the nat#re of )#blic f#nds( Sandi!anbayan

has #risdiction over offenses co""itted by )residents, directors, tr#stees or "ana!ersof :7CCs( 5hat char!es to file, and who are to be char!ed are "atters addressed tothe discretion of the 7"b#ds"an(

Al*a(a s! Sandi(anbayan

The character and o)erations of the /=6%4S.S are i"b#ed with )#blic interest th#s

the sa"e is a !overn"ent entity and its f#nds are in the nat#re of )#blic f#nds(

$si"ilar to the :SS'

PSPCA s! C"A

:7CCs are s#bect to the control or s#)ervision of the State $#nli&e 6S6C/'( /

#ridical entity i")ressed with )#blic interest does not "a&e the entity a )#bliccor)oration( The tr#e criterion to deter"ine whether a cor)oration is )#blic or )rivate

is fo#nd in the totality of the relation of the cor)oration to the State( f it is created by

the State as its own a!ency or instr#"entality to hel) in carryin! o#t its !overn"ental

f#nctions, then that cor)oration is considered )#blic* otherwise, it is )rivate(

Serana s! Sandi(anbayan

/ U6 St#dent 4e!ent is a )#blic officer( t is not a nat#ral ri!ht( t eists, when it

eists at all only beca#se and by virt#e of so"e law e)ressly or i")liedly creatin! or

conferrin! it( Co")ensation is not an essential ele"ent of )#blic office( t is "erelyincidental to the )#blic office( Iele!ation of soverei!n f#nctions is essential in )#blic

office( /n invest"ent on an individ#al of so"e )ortion of the soverei!n f#nctions of

the !overn"ent, to be eercised by hi" for the benefit of the )#blic "a&es one a)#blic officer( The ad"inistration of U6 is a soverei!n f#nction of the State( $/rt(

JK'

,e 'ure and ,e #acto %oernment

Co -im Cham s! &alde* Tan -eh

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Finds of de facto !overn"ent 1' !overn"ent that !ets )ossession and control of, or

#s#r)s, by force or by the voice of the "aority, the ri!htf#l le!al !overn"ent and

"aintains itself a!ainst the will of the latter $li&e 0n!land #nder the Co""onwealth'*

2' established and "aintained by "ilitary forces who invade and occ#)y a territory of

the ene"y in the co#rse of war, and which is deno"inated a !overn"ent of )ara"o#ntforce $li&e Castine in Daine and Ta")ico, Deico'* A' established as an inde)endent

!overn"ent by the inhabitants of a co#ntry who rise in ins#rrection a!ainst the )arent

State $li&e the So#thern Confederacy'(

Iistin!#ishin! characteristics of the 2nd&ind of de facto !overn"ent 1' its eistenceis "aintained by active "ilitary )ower within the territories and a!ainst the ri!htf#l

a#thority of an established and lawf#l !overn"ent* 2' while it eists it "#stnecessarily be obeyed in civil "atters by )rivate citi-ens who, by acts of obedience

rendered in s#b"ission to s#ch force, do not beco"e res)onsible, as wron!doers, for

those acts, tho#!h not warranted by the laws of the ri!htf#l !overn"ent(

Letter o) Associate .ustice Puno

4evol#tion H the co")lete overthrow of the established !overn"ent in any co#ntry or

state by those who were )revio#sly s#bect to it(* s#dden, radical and f#nda"entalchan!e in the !overn"ent or )olitical syste", #s#ally effected with violence or at

least so"e acts of violence* occ#rs whenever the le!al order of a co""#nity isn#llified and re)laced by a new order away not )rescribed by the first order itself(

The /#ino !overn"ent was revol#tionary !overn"ent d#e to the fact that it wasestablished in defiance of the eistin! le!al )rocesses( t was a reva") of the

E#diciary and the Dilitary si!naled the )oint when the le!al syste" then in effect, hadceased to be obeyed by the =ili)ino( $Ie =acto :overn"ent'(

People s! %o*o

The 6hili))ines has a#thority over its entire do"ain( There is no )ortion of it that is

beyond its )ower( 5ithin its li"its, its decrees are s#)re"e, its co""ands )ara"o#nt(

ts laws !overn therein and a))ly to all( The etent of its #risdiction is both territorial

and )ersonal( / State "ay allow another to )artici)ate in the eercise of #risdictionalri!ht over certain )ortions of its territory $a#to%li"itation' b#t these areas do not retain

an alien character, b#t re"ain as native soil(

Section 2 nternational Law and 6hili))ine D#nici)al Law

Tanada s! An(ara

The )rinci)les in /rt( 2 are not intended to be self%eec#tin! )rinci)les ready for the

enforce"ent of the co#rts( They are #sed by the #diciary as aids or as !#ides in theeercise of its )ower of #dicial review( They do not e"body #dicially enforceable

ri!hts b#t !#idelines for le!islation( / law sho#ld be )assed by Con!ress to clearly

define and effect#ate s#ch )rinci)les( :/TT as international law needs to be ratified

to be transfor"ed into "#nici)al law(

Bayan s! /amora

/s lon! as the K=/ )ossesses the ele"ents of an a!ree"ent #nder international law,

the said a!ree"ent is to be ta&en e#ally as a treaty, which is an international

instr#"ent concl#ded between States in written for" and !overned by internationallaw, whether e"bodied in a sin!le instr#"ent or in 2 or "ore related instr#"ents, and

whatever it )artic#lar desi!nation( n international law, there is no difference between

treaties and eec#tive a!ree"ents in their bindin! effect #)on states concerned, as

lon! as the ne!otiatin! f#nctionaries have re"ained within their )owers( n this,

#risdiction, we have reco!ni-ed the bindin! effect of eec#tive a!ree"ents even

witho#t the conc#rrence of the Senate or Con!ress(

Lim s! E0ec! Sec!

/ )arty to a treaty is not allowed to invo&e its internal law as #stification for itsfail#re to )erfor" a treaty( / treaty is favored over "#nici)al law )#rs#ant to the

)rinci)le of )acta s#nt servanda( 0very treaty in force is bindin! #)on the )arties to it

and "#st be )erfor"ed by the" in !ood faith( The K=/ !ives le!iti"acy to the

.ali&atan 0ercises(

+i.ares s! Ranada

There is no obli!atory r#le derived fro" treaties or conventions that re#ires the

6hili))ines to reco!ni-e forei!n #d!"ents, or allow a )roced#re for the enforce"ent

thereof(

Sha(riLa s! ,eelopers

Pharmaceutical s! ,u2ue III

Under the 198> Constit#tion, international law can beco"e )art of the law of the land

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either by transfor"ation or incor)oration( Transfor"ation re#ires that the

international law be transfor"ed into do"estic law thro#!h a constit#tional"echanis" s#ch as local le!islation( ncor)oration a))lies, when by "ereconstit#tional declaration , international law is dee"ed to have force and effect of

do"estic law( Treaties beco"e )art of the law of the land thro#!h transfor"ation, by

conc#rrence of 2GA "aority vote of the "e"bers of Senate(

Section 3: Ciilian Supremacy

IBP s! /amora

7rders which rese"ble the f#nctions of aid by the /=6 already )resent and eistent

within the f#nctions of society s#ch as elections, national ea"s, relief and resc#e

o)erations and )roects of the 4ed Cross, are not violative of civilian s#)re"acy(

Section 4: +aintenance o) Peace and "rder

-ilosbayan s! +orato

The )rinci)les in /rticle 2 do not e"body self%eec#tin! constit#tional ri!hts, b#t

"ere !#idelines for le!islation and aid for the #diciary(

Section 15: #amily li)e6 mother6 unborn

Roe s! 7ade

7n the basis of the ri!ht to )rivacy, abortion was le!ali-ed #) to the ? th "onth of

)re!nancy( The constit#tional )rovision bars any a))lication of the 4oe vs( wade

decision in this #risdiction(

+eyer s! Nebras8a

0d#cation sho#ld always be dili!ently )ro"oted as it has always been re!arded as a

"atter of s#)re"e i")ortance( t is the nat#ral d#ty of the )arent to !ive his children

ed#cation s#itable to his station in life( 4i!hts of )arents are s#)erior to the State(

Pierce s! Society o) Sister

The f#nda"ental theory of liberty ecl#de any !eneral )ower to standardi-e its

children by forcin! the" to acce)t instr#ction fro" )#blic school teachers only(

7isconsin s! 9oder

7nly those interests of the hi!hest order and those not otherwise served can over%

balance the )ri"ary interest of )arents in the reli!io#s #)brin!in! of their children(

nherent d#ty of the state to act as )arens )atriae $)arent of the ST/T0'(

Schools "ay ta&e disci)linary action when

1( violations of school )olicies in connection with school s)onsored activities

2( "iscond#ct affectin! st#dentMs stat#s or !ood na"e or re)#tation of the

school(

%insbur( s! Ne 9or8

The &nowled!e that )arental control cannot always be )rovided and societyMs

transcendent interest in )rotectin! the welfare of the children #stify reasonable

re!#lation of the sale of "aterial to the"(

Section 1? 4i!ht to a balanced and healthf#l ecolo!y

"pposa s! #actoran

nter!enerational #stice and res)onsibility Section 1? one of the few self%eec#tin!

)rinci)les in /rticle 2(

LL,A s! CA

t is a constit#tional co""on)lace that the ordinary re#ire"ents of d#e )rocess yield

to the necessities of )rotectin! vital )#blic interests li&e the )rotection of the safety,

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health and !eneral welfare and co"fort of the )#blic, as well as the )rotection of )lant

and ani"al life thro#!h the eercise of )olice )ower(

Section 19 Self%reliant and inde)endent national econo"y

:arcia vs( .7

The State shall develo) self%reliant and inde)endent national econo"y effectively

controlled by =ili)inos( The !overn"ent "#st r#n its affairs the way it dee"s best forthe national interest, witho#t any eternal infl#ence or control(

Tanada s! An(ara

nde)endence refers to freedo" fro" #nd#e forei!n control of the national econo"y

es)ecially in s#ch strate!ic ind#stries as in the develo)"ent of nat#ral reso#rces and

)#blic #tilities( t does not )rohibit co")etition, so lon! as it is fair and reasonable(So"e a"o#nt of co")etition wo#ld be beneficial for the cons#"ers, as well as

)rod#cers(

Section 5;: E2ual access to political opportunities and political dynasties

Pamaton( s! Comelec

There is no constit#tional ri!ht to r#n for or hold )#blic office and, )artic#larly, to

see& the )residency( 5hat is reco!ni-ed is "erely a )rivile!e s#bect to li"itationsi")osed by the law( 0#ality is not sacrificed so lon! as the b#rdens en!endered by

the li"itations are "eant to be borne be any one who is "inded to file a certificate of

candidacy(

Article &I

Poers o) Con(ress:)lenary article JK a#thori-es Con!ress to )ass law to chan!e

na"e of co#ntry, national anthe" or national fla!* s#bect to ratification by the

)eo)le(

&ALI, ,ELE%ATI"N

Le!islativeG Law "a&in!

Le!islative %O 0ec#tive

Law %O ")le"entin! 4#les and 4e!#lat ions

Law%"a&in! %O 4#le%"a&in!

6rinci)le of non%dele!ability of Le!islative 6ower

6eo)le v( 4osenthal H .l#e S&y Law

The eec#tive has the )ower of s#bordinate le!islation, insofar as it inter)rets the lawswere it is based, and not !oin! beyond and enactin! laws( Doreover, this enhances

convenience and )ro"otes s)eciali-ation thro#!h the ad"inistrative bodies(

S#bstantive shares% #nder ins#lar treas#rer

Not #nd#e dele!ation standard of P)#blic interestQ

Iele!ation to be "ade s#fficient standard to define r#les and re!#lations

LawMs constit#tional basis

1( 6#blic )#r)ose

2( 4easonableness of "eans

Araneta s! %atmaitan < E" 556 ;; and ==

The le!islat#re has the discretion to what the law sho#ld be while the eec#tive has

the a#thority or discretion to the eec#tion of s#ch laws, )rovided that the eec#tion

be eercised #nder and in )#rs#ance of the law(

/ny fishin! net or fishin! device H 6rotect fish fry and fish e!!s $#nder fisheries law'

=ish trawl H destroys fish fry and fish e!!s and co"es #nder P/ny fishin! net or

fishin! deviceQ

People s! +aceren

The law"a&in! body cannot dele!ate to an eec#tive official the )ower to declarewhat acts sho#ld constit#te a cri"inal offense( t can only a#thori-e the iss#ance of

re!#lations and the i")osition of the )enalty )rovided for in the law itself( /n

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ad"inistrative a!ency cannot a"end an act of Con!ress(

Pobnoio#s and )oisono#s s#bstanceQ H #nder fisheries law )rohibited

=isheries /d"inistrative 83 H 6rohibits electro fishin! $created by sec( of /!ric#lt#reand Nat#ral reso#rces, and Co""issioner of =isheries'

- 6enali-es so"ethin! that is not incl#ded in the law that created it $fisherieslaw'

- Test of co")leteness and S#fficient standard test

- /d( 83 !oes beyond the fisheries law added the cri"inali-ation of electrofishin!

A(ustin s! Edu

To avoid the taint of #nlawf#l dele!ation, there "#st be a standard, which i")lies at

the very least that the le!islative itself deter"ines "atters of )rinci)le and lays downf#nda"ental )olicy( 7therwise, the char!e of co")lete abdication "ay be heard to

re)el( / standard th#s defines le!islative )olicy, "ar&s its li"its, "a)s o#t its

bo#ndaries and s)ecifies the )#blic a!ency to a))ly it( t indicates the circ#"stances

#nder which the le!islative co""and is to be effected( t is the criterion by which

le!islative )#r)ose "ay be carried o#t( Thereafter, the eec#tive or ad"inistrative

office desi!nated "ay in )#rs#ance of the above !#idelines )ro"#l!ate s#))le"entalr#les and re!#lations( The standard "ay be either e)ress or i")lied( f the for"er,

the non%dele!ation obection is easily "et( The standard tho#!h does not have to be

s)elled o#t s)ecifically( t co#ld be i")lied fro" the )olicy and )#r)ose of the actconsidered as a whole( n the 4eflector Law, clearly the le!islative obective is )#blic

safety(

05I H L7 229 and 3>9

De"orand#" Circ#lar No( A2

Standard H P6#blic SafetyQ

Kienna Convention for 4oad Si!ns and Si!nals

#ree Telephone 7or8ers s! +in! o) labor

5hat cannot be dele!ated is the a#thority #nder the Constit#tion to "a&e laws and to

alter and re)eal the"* the test is the co")leteness of the stat#te in all its ter" and

)rovisions when it leaves the hands of the le!islat#re(Q SC f#rthered that there lies a

distinction between the $1' dele!ation of )ower to "a&e the laws that necessarilyinvolves a discretion as to what it shall be $law%"a&in! )owers of the Con!ress' and

$2' dele!ation of a#thority as to its eec#tion to be eercised #nder and in )#rs#ance

of the law $law%eec#tion )owers of ad"inistrative bodies'( This )rinci)le of non%

dele!ation is in res)onse to Pthe co")leities of "odern !overn"ents !ivin! rise to

the ado)tion, within certain li"its, of the )rinci)le of Rs#bordinate le!islation(

Din of Labor H resolve labor dis)#tes %O co")#lsory arbitration of NL4C

Eastern Shippin( s! P"EA

5ith the )roliferation of s)eciali-ed activities and their attendant of )ec#liar

)roble"s, the national le!islat#re has fo#nd it "ore necessary to entr#st to

ad"inistrative a!encies the a#thority to iss#e r#les to carry o#t the !eneral )rovisions

of the stat#te( This is called the )ower of s#bordinate le!islation(

De"orand#" Circ#lar No( 2 H i")le"entation

Standard fair and e#itable e")loy"ent )ractice

No contract bet e")loyer and e")loyee H 670/ to )rotect the e")loyee

Tablarin s! %utierre*

5ith the !rowin! co")leities of "odern life, the "#lti)lication of the s#bects of

!overn"ental re!#lation, and the increased diffic#lty of ad"inisterin! the laws, there

is a constantly !rowin! tendency toward the dele!ation of !reater )ower by the

CONSTI LAW I ATTY.CANDELARIA

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le!islat#re, and toward the a))roval of the )ractice by the co#rts( /s re!ards the iss#e

of failin! to establish the necessary standards, the co#rt believes that standards have

indeed been set, as can be fo#nd in Section 1 of the 19B9 Dedical /ct Pthe

standardi-ation and re!#lation of "edical ed#cation(

4/ 2A82 created the .oard of Dedical 0d#cation

Standard standardi-ation and re!#lation of the Dedical ed#cation )ower to

deter"ine and )rescribe re#ire"ents for the ad"ission into Ded schools

7rder B2 creation of ND/T for standardi-ation

%uin(ona ! Cara(ue

Iele!ation of Le!islative 6owers The le!islat#re does not abdicate its f#nction when

it describes what ob "#st be done, who is to do it, and what is the sco)e of hisa#thority( The )ower to "a&e laws and to alter and re)eal the" C/NN7T be

dele!ated(

Co")leteness of Law The law "#st be co")lete in all its essential ter"s and

conditions when it leaves the le!islat#re so that there will be nothin! left for the

dele!ate to do when it reaches hi" ece)t to eec#te and enforce it(.#d!et /))ro)riation H boo&s of treas#ry deter"ine the a))ro)riation for debt

Total a"o#nt of debt alon! with interests and other fees H standard to be #sed

Con)erence s! P"EA

670/ 4esol#tion to increase sea"en co")ensation and benefits

"smena s! "rbos

=or a valid dele!ation of )ower, it is essential that the law dele!atin! the )ower

"#st be

$1' Co")lete in itself, that it "#st set forth the )olicy to be eec#ted by thedele!ate and

$2' t "#st fi a standardli"its of which are s#fficiently deter"inate or

deter"inableto which the dele!ate "#st confor"(

The standard of le!islative dele!ation "#st be e)ress or i")lied( f the for"er, the

non%dele!ation obection is easily "et( The standard tho#!h does not have to be

s)elled o#t s)ecifically( t co#ld be i")lied fro" the )olicy and )#r)ose of the act

considered as a whole( 5hat the law intended was to )er"it the additional i")osts for

as lon! as there eists a need to )rotect the !eneral )#blic and the )etrole#" ind#stry

fro" the adverse conse#ences of )#") rate fl#ct#ations(

76S= H Created by Darcos H rei"b#rse oil co")anies of the chan!es in the )rice to

stabili-e )rices for cons#"ers

7il 6rod#cers %O Dar&et forces chan!e )rices %O i")orted to 6hili))ines

&iola s! Alunan

Local :overn"ent Code H )rovides National Li!a a#thority to create )ositions, as it

"ay dee" necessary(

#ernande* ! Sto Tomas

/#thority to reor!ani-e civil service co""ission

Standard decentrali-ation for efficiency and res)onsiveness in the "ana!e"ent of the

a!encies

Not create and abolish b#t to reor!ani-e revised ad"inistrative code

Chion(bian ! "rbos

4/ ?>A3 /4DD )lebiscite 3 )rovinces for creation of a#tono"o#s re!ion

6resident !iven )ower to "er!e the re"ainin! re!ions s#fficient standard efficient

ad"inistration i")lied in another law

Rodri(o s! Sandi(anbayan

I.D !iven a#thority to fill in the details of the salary !rade, classification

Not #nd#e dele!ation standards !iven

Aba8ada ! Ermita

8 CONSTI LAW I ATTY. CANDELARIA

BY STARR WEIGAND

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9

Kat 1@ to 12, followin! certain criteria

6resident, thro#!h the Secretary of =inance, !iven criteria to ascertain facts of the

sit#ation in relation to the i")le"entation of the increase( The case is not a dele!ation

of le!islative )ower b#t a Pdele!ation of ascertain"ent of factsQ #)on which the

enforce"ent and ad"inistration of the increase rate #nder the law is contin!ent( Thele!islat#re has "ade the 12 rate contin!ent #)on a s)ecified fact or condition, which

is o#tside of the control of the eec#tive( Th#s, there is no discretion that is eercisedby the 6resident( The co#rt cited 5ay"an vs( So#thward PThe )ower to ascertain

facts is s#ch a )ower which "ay be dele!ated( There is nothin! essentially le!islative

in ascertainin! the eistence of facts or conditions as the basis of the ta&in! into effect

of lawQ The !ro#nd for this that le!islat#re has deter"ined that #nder !iven

circ#"stances, certain eec#tive or ad"inistrative action is to be ta&en and that #nder

other circ#"stances, different or no action at all is to be ta&en( 5hat is left to the

ad"inistration is not le!islative deter"ination of what )#blic )olicy de"ands b#tsi")ly an ascertain"ent of what the facts of the case re#ire to be done accordin! to

the ter"s of the law by which he is !overned(

Beltran ! Sec! o) >ealth

4/ >>19 Kol#ntary .lood Ionation and re!#late blood ban&s

6#blic

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/ct No( 1>?@ H not cri"inali-in! act

Day be char!ed #nder other law 6enal Code

People s! ,acuycuy

Law i")oses fine, b#t no ter"s of i")rison"ent H Dini"#", "edi#" and "ai"#"

sentence de)endin! on the circ#"stances of the cri"e $"iti!atin!, etc('

E#d!e !iven le!al discretion % circ#"stances in the cri"e )enalty to be i")osed

/ct 29? H less than A@@@(@@ )h)

Cebu "0y(en s! ,rilon

4/ ?3>@ H increasin! "ini"#" wa!e i")le"entin! r#les

not vs( nter"ediate /))ellate Co#rt

07 ?2? H / )rohibition on inter%)rovince trans)ort of carabao and cara%beef(

Pas "ay dee" necessaryQ H !ives le!islative )ower to officers arbitrary

")le"entin! r#les cannot add or detract fro" the )rovisions of law it desi!ned to

i")le"ent(

Pharmaceutical and >ealth Care Assoc! s! ,u2ue III

07 No( B1 $Dil& Code' H le!islative )ower #nder freedo" consti 6res( /#ino

52 H i")le"ented f#ll dere!#lation addin! additional criteria de)letion of

76S= void eec#tive "isa))lication( Con!ress has to rely "ore on the )ractice of

dele!atin! the eec#tion of laws to the eec#tive and other ad"inistrative a!encies, as

society beco"es "ore co")le( /ccordin! to #ris)r#dence, there are two tests to

deter"ine, whether it is a valid dele!ation H 1' the co")leteness test, and, 2' the

s#fficient standard test(

Con!ress Senate and

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11

year )recedin! the day of the election

2( 6arty%list re)resentative

Senate ter" of ? years, re%election for 2 consec#tive ter"s only

0lection ? years for first 12, A years for latter 12 23 "e"bers

Section B Co")osition of the

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fatal state"ents of NS7, .#rea# of Local :overn"ent =inance, and Land

+onte.o s! C"+ELEC

C7D0LC res( No 2>A? chan!e le!islative district of Ca)oocan and 6alo")on

C7D0L0C only to "a&e "inor ad#st"ents

Le!islative district can only be a))ortioned by Ple!islativeQ i(e( con!ress

>errera s! C"+ELEC

6rovince of :#i"aras H "ade into 3thclass )rovince

Iistrictin! based on n#"ber of inhabitants not rea))ortion"ent can be #nderta&en

by C7D0L0C $districtin!'

Sema s! C"+ELEC

4L/ H 4/ 9@B3 )ower to create )rovince, cities, etc(

Creation of the )rovince of Shariff Fab#nsan the )ower to create )rovinces

inherently involves the )ower to create le!islative districts(

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13

Io"icile% the )lace where a )arty act#ally of constr#ctively has his )er"anent ho"e,

where he, no "atter where he "ay be fo#nd at any !iven ti"e, event#ally intends toret#rn and re"ain

The fact that a )erson re!istered as a voter in one district is not )roof of his do"icile

in the said district(

6etitioner H ran for !overnor of the )rovince )revio#sly

S'S s! C"+ELEC

C7D0L0C resol#tion H additional #alification of a candidate for senate

#nconstit#tional as it violates the e)licit #alifications in the consti

Section ?: term o) representaties

,imaporo s! +itra6 'r!

.6 .l!( 881 H forfeit#re or vol#ntary !ivin! #) of oneMs ten#re, d#e to the act of filin!

of certificate of candidacy(

Ter" H le!ally "andated

Ten#re H act#al ti"e

=orfeit#re, e)#lsion, vol#ntary ren#nciation

Section @: #illin(in &acancies

Lucero s! C"+ELEC

=ail#re of elections s)ecial elections

Tolentino s! C"+ELEC

Kacancy in senate 4/ >1?? P)er"anent vacancy at least one year before e)iration

of the ter", shall call and hold a s)ecial elections, b#t in case of vacancy in senate,

s)ecial election will be held si"#ltaneo#sly with the net re!#lar elections(Q

S)ecial elections can coincide with re!#lar elections

"campo s! >RET

2nd )lacer cannot ta&e the )lace of a dis#alified first )lacer

Salaries

The salaries of "e"bers of the Senate is !overned by /rticle K of the Constit#tion asfollows

Sec( 1@( The salaries of Senators and De"bers of the , /rticle JK, )rovides the

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"smena s! Pendatun

6rivile!e s)eech acc#sin! 6res( :arcia of bribery %O ho#se co"itte to investi!ate %O

B declarin! hi" !#ilty of disorderly behavior and s#s)ension for

1B "onths

/ltho#!h ee")t fro" )rosec#tion or civil action for words #ttered in con!ress,

"e"bers "ay be #estioned in C7N:40SS TS0L=(

Iisorderly behavior H the ho#se has ecl#sive )ower and the co#rt has none(

Santia(o s! Sandi(anbayan

Santia!o char!ed with !raft and corr#)tion for allowin! aliens to stay in 6hils(

S#s)ended by sandi!anbayan H )endin! cri"inal case not )#nish"ent for disorderly

behavior, b#t )reli"inary )reventive "eas#re for !raft and corr#)t act(

$S s! Pons

6ons char!ed #nder /ct 2A81 H anti%o)i#" i")ortation

/ct 2A81 H said to have been )assed after last day of session accordin! to the

o#rnals, cloc& was sto))ed at 12 "idni!ht law )assed valid

o#rnal )revails over etraneo#s evidence

Casco s %imene*

Urea and for"aldehyde vs #rea for"aldehyde $as written in the law )assed'

5ordin! of the law H #rea for"aldehyde error in the )rintin!

.etween the o#rnals and the enrolled bill enrolled bill )revails

+orrales s! Subido

0nrolled bill over o#rnal

Astor(a s! &ille(as

I#e to the circ#"stances in the case, the co#rt loo&ed into the Senate o#rnals(

a"end"ents "ade b#t not incl#ded in the bill si!ned by the )resident

Senate )resident and Chief 0ec#tive had already withdrawn their si!nat#resinvalidates the law

Phil! 'ud(es s! Prado

=ran&in! )rivile!es of #diciary

0nrolled bill clear, no need to loo& into o#rnals

.#t law "#st be str#c& down as it violates the e#al )rotection of the law, in re!ards

to the re"oval of fran&in! )rivile!es of the #diciary

ABA-A,A s! Ermita

0nrolled bill to be followed as it was the one a))roved by both ho#ses and by the)resident(

SECTI"N 1?: Senate and >ouse Representaties Electoral Tribunal

0lection Contest % stat#tory contests in which the contestant see&s not only to o#st the

intr#der, b#t also to have hi"self ind#cted into the office(

6re%)rocla"ation contests % any #estion )ertainin! to or affectin! the )roceedin!s of

the board of canvassers in relation to the )re)aration, trans"ission, recei)t, c#stodyand a))reciation of the election ret#rns(

An(ara s! Electoral Commission

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6rescri)tion !iven by 0lectoral co""ission H has sole #risdiction over election

ret#rns and #alifications of its "e"bers

&era s! Aelino

Iefer"ent of oath%ta&in! H not election contest

7ath%ta&in!% "a&es one a "e"bers of the le!islat#re #nder #risdiction of the

0lectoral trib#nal

Chae* s! C"+ELEC

6re%)rocla"ation cases not allowed for )resident, v), senators and "e"bers of RET

0lectoral trib#nals A #stices a))ointed by Chief E#stice, ? fro" "e"bers of Senate

or the RET

6arty%list re)s in

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17

Section 1=: Commission on Appointment

,a*a s! Sin(son

Shift in re)resentation of LI6 )arty rea))ortion"ent of the Co""ission on/))oint"ent

D#st be based on )ro)ortional re)resentation, )olitical )arty "#st be )er"anent

Coseten( s! +itra

2 seats H )er a))oint"ent into co""ission

%uin(ona s! %on*ales

Cannot red#ce the n#"ber of seats of a )arty in favor of another(

12 "e"ber Co""ission H not "andatory, what is "andatory is the )ro)ortional

re)resentation

Section 21 le!islative investi!ations

Ne!ros vs( san!#nian! 6anl#n!sod

6ower of in#iry H for the le!islative only, not dele!ated

.en!-on vs( Senate .l#e 4ibbon Co""ittee

6ower of in#iry to be eercised only for le!islative )#r)oses

Senate vs( 0r"ita

W#estion ho#r vs( )ower of in#iry

:#dani vs( Sen!a

Co""ander%in%chief )owers H "ay li"it )ower of in#iry of con!ress

Standard vs( Senate

Co")el to attend H in aid of le!islation

Neri vs( Senate

0ec#tive )rivile!e 2 &inds )residential co""#nications $between )resident andeec#tive official' and deliberative )rocess $between eec#tive officials only'

%arci s >ouse

Senate in#iry "#st be deferred #ntil )#blication of the Senate r#les has been

co")lied with(

Section 55: uestion >our

- Kol#ntary with consent of the 6resident, or #)on the re#est of the ho#se

- =or oversi!ht f#nctions

Arnault s Na*areno

The "ateriality of the #estion "#st be deter"ined by its direct relation to the s#bect

of the in#iry and not by its inherent relation to any )ossible or )ro)osed le!islation($/nswer "i!ht be the basis if the s#bect is to be "ade the s#bect of le!islation('

Senate contin#in! H )ower of investi!ation ter"inates at the end of session* "ay beta&en #) a!ain at the net session(

Sabio s! %ordon

Senate s Ermita

W#estion ho#r vs( Pin aid of le!islationQ can only be li"ited by 640SI0NT/L

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co""#nication )rivile!e

0ec#tive with )residential consent vs( anyone

4e"edy Sec 21 habeas cor)#s )etition vs( sec 22 #estions to be s#b"itted

beforehand and eec#tive session

Section 2A con!ress sole )ower to declare the eistence of a state of war, b#t "ay by

law a#thori-e )resident for a li"ited ti"e, to eercise )owers necessary and to carryo#t a declared national )olicy(

Lawless violence, invasion or rebellion H either s#s)end writ of habeas cor)#s or

declare "artial law(

n line with Iavid vs( /rroyo H !r( no( 1>1A9? $re .6 1@>@'

Section 5D: ori(in o) money bills6 priate bills and local application

/))ro)riations H s)ecific s#" of "oney a))ro)riated for de)art"ents for the

)erfor"ance of their f#nctions

4even#e bills H raisin! taes

Tariff bills H raises reven#e fro" i")ortation and e)ortation of !oods

.ills a#thori-in! increase of )#blic debt

.ills of local a))lication H in relation to )rovinces, cities and "#nici)alities, e(

Chan!e "#nici)ality into a city

6rivate bills H e( 4eac#isition of citi-enshi)

Tolentino s! Sec o) #inance

t is the bill that has to ori!inate fro" the

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19

n order that a )rovision or cla#se in a !eneral a))ro)riations bill "ay co")ly with

the test of !er"aneness, it "#st be )artic#lar, #na"bi!#o#s, and a))ro)riate(

6artic#lar H if it relates s)ecifically to a distinct ite" or a))ro)riation in

the bill and does not refer !enerally to the entire a))ro)riations bill

Una"bi!#o#s H when its a))lication or o)eration is a))arent on the face of

the bill and it does not necessitate reference to details or so#rces o#tside the

a))ro)riations bill

/))ro)riate H when its s#bect "atter does not necessarily have to be treated

in a se)arate le!islation(

#arinas s E0ecutie Secretary

Iifference between elective and a))ointed officials(

,emetria s Allba

The )resident cannot indiscri"inately transfer f#nds witho#t re!ard as to whether or

not the f#nds to be transferred are act#ally savin!s in the ite" fro" which the sa"e

are to be ta&en, or whether or not the transfer is for the )#r)ose of a#!"entin! theite" to which said transfer is to be "ade(

Li(a s! C"+ELEC

Philconsa s Enri2ue*

Chief of Staff cannot be dele!ated )ower to a#!"ent only for those en#"erated inthe constit#tion(

Sanche* s C"A

2 re#isites for a#!"entation 1' /ct#al savin!s* and, 2' there is an eistin! ite" to be

a#!"ented(

Ie)#ty 0ec#tive Secretary of IL: H no )ower to a#!"ent only )resident, senate

)resident, s)ea&er of the

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!ives reference to the a"ended law(

Insular lumber s CTA

The )ri"ary )#r)ose of the one s#bect%one title r#le is to )rohibit d#)licity of

le!islation, the title of which "i!ht co")letely fail to a))raise the le!islators or the

)#blic of the nat#re, sco)e and conse#ences of the law or its o)eration( %O every

)res#")tion fails its validity

5here there is do#bt as to the ins#fficiency of either the title or the /ct, the

le!islation sho#ld be s#stained(

Tio s &ideo(ram Re(ulatory Board

/rt( K, Sec( 2? is s#fficiently co")lied with if the title is co")rehensive eno#!h to

incl#de the !eneral )#r)ose to which a stat#te see&s to achieve(

t is satisfied if all the )arts of the stat#e are related to, and are !er"ane to the s#bect

e)ressed in the title, or as lon! as they are not inconsistent with and forei!n to the

!eneral s#bect and title( 64/CTC/L rather than T0C

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21

Con!ress with re!ard to bills initiated in each of said res)ective

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Unifor"ity of taation follows valid classification between individ#als and

cor)orations

1' the standards that are #sed therefore are s#bstantial and not arbitrary

2' the cate!ori-ation is !er"ane to achieve the le!islative )#r)ose

A' the law a))lies, all thin!s bein! e#al, to both )resent and f#t#re

conditions

3' the classification a))lies e#ally well to all those belon!in! to the sa"eclass(

Under the ta syste", the trend is to treat different thin!s differently(

CIRsCA

/ll s#bects or obects si"ilar "#st be e#ally taed, or )#t on e#al footin! both in

)rivile!es and liabilities* no ee")tions(

/ll taable articles or &inds of )ro)erty of the sa"e class "#st be taed at the sa"erate and the ta "#st o)erate with the sa"e force and effect in every )lace where the

s#bect "ay be fo#nd(

Abra &alley Colle(e s A2uino

The ee")tion in favor of )ro)erty #sed ecl#sively for charitable or ed#cational

)#r)oses is not li"ited to )ro)erty act#ally indis)ensable therefore, b#t etends to

facilities that are incidental to and reasonably necessary for the acco")lish"ent of

said )#r)ose, s#ch as in the case of hos)itals, a school for trainin! n#rses, a n#rseMs

ho"e, )ro)erty #sed to )rovide ho#sin! facilities for interns, doctors, s#)erintendents,and other "e"bers of the hos)ital staff, etc(

The ee")tion etends to facilities which are incidental to and reasonably necessary

for the acco")lish"ent of the "ain )#r)ose of the charitable or ed#cational $or

reli!io#s' instit#tion(

The test of ee")tion is the #se of the )ro)erty for )#r)oses "entioned in the

constit#tion(

Bayan s /amora

'ohn >ay s Lim

Since only Con!ress can )ass ta laws, it follows that only Con!ress can )rovide ta

ee")tions, thro#!h the )assa!e of le!islation(

Southern Cement s Philcemcor

The )ower of taation by nat#re and by co""and of the f#nda"ental law is a

)reserve of the le!islat#re(

The dele!ation of taation )ower by the le!islative to the eec#tive is a#thori-ed bythe constit#tion itself( The constit#tion also !rants Con!ress the ri!ht to i")ose

restrictions and li"itations on the taation )ower of the )resident( The restrictions andli"itations i")osed by Con!ress ta&e on the "antle of a constit#tional co""and,

which the eec#tive branch is obli!ed to observe(

Lun( Center s C

To deter"ine whether an enter)rise is a charitable instit#tionGentity or not, the

ele"ents which sho#ld be considered incl#de the stat#tes creatin! the enter)rise, its

cor)orate )#r)ose, its constit#tion and by%laws, the "ethods of ad"inistration, the

nat#re of the act#al wor& )erfor"ed, the character of the services rendered, theindefiniteness of the beneficiaries, and the #se and occ#)ation of the )ro)erties( /charity "ay be f#lly defined as a !ift, to be a))lied consistently with eistin! laws, for

the benefit of an indefinite n#"ber of )ersons, either by brin!in! their "inds and

hearts #nder the infl#ence of ed#cation or reli!ion, by assistin! the" to establish

the"selves in life or otherwise lessenin! the b#rden or !overn"ent( The test whether

an enter)rise is charitable or not is whether it eists to carry o#t a )#r)ose reco!ni-ed

in law as charitable or whether it is "aintained for !ain, )rofit or )rivate advanta!e(

/ charitable instit#tion does not lose its character as s#ch and its ee")tions fro"

taes si")ly beca#se it derives inco"e fro" )ayin! )atients, or receivables fro" the

!overn"ent $or donations', so lon! as the "oney received is devoted or #sed

alto!ether to the charitable obect which it is intended to achieve, and no "oney

in#res to the )rivate benefit of the )ersons "ana!in! or o)eratin! the instit#tion(

Aba8ada s Ermita

The )ower of ta cannot be dele!ated, b#t the details as to the enforce"ent and

22 CONSTI LAW I ATTY. CANDELARIA

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23

ad"inistration of an eercise of s#ch )ower "ay be left to the eec#tive, incl#din! the

)ower to deter"ine the eistence of facts which its o)eration de)ends, the rationalebein! that the )reli"inary ascertain"ent of facts as basis for the enact"ent ofle!islation is not itself a le!islative f#nction b#t is si")ly ancillary to le!islation( The

constit#tion does not re#ire that Con!ress find for itself every fact #)on which it

desires to base le!islative action or that it "a&e for itself detailed deter"inations

which it has declared to be )rere#isite to a))lication of le!islative )olicy to

)artic#lar facts and circ#"stances i")ossible for Con!ress itself to )ro)erly

investi!ate(

Con!ress "ay dele!ate to the 6resident the )ower to increase a ta, de)endent on a

certain set of facts, #)on the co")letion of which the )resident "ay carry o#t the

dele!ated )ower(

Spouses Constantino s Cuisia

The Con!ress can dele!ate to the cabinet Secretary $i(e( Secretary of =inance', in his

ca)acity as the alter e!o of the )resident, to carry o#t the a#thority vested on the Chief0ec#tive #nder Section 28(

Republic s City o) -idapaan

Ta ee")tion cannot be !ranted witho#t the conc#rrence of the "aority of the

"e"bers of con!ress, and "ay only be done thro#!h the )assa!e of le!islation( 7nly

con!ress can )rovide for ta ee")tions, as it is the only branch that has )ower to ta(

Section 5@: Restrictions on the $se o) Public #unds

Pascual s Secretary o) Public 7or8s

+IAA s +abunay

Le!islative "ay dele!ate to the a!ency the )ower to )rovide for the "eans of

obtainin! obect of an a))ro)riation b#t s#ch act cannot !o beyond stat#tes(

6#blic biddin! has been a )ractice, which is the acce)ted "ethod of arrivin! at a fair

)rice and )revents favoritis" and over)ricin!(

%uin(ona s Cara(ue

Constit#tion does not re#ire eact, s)ecific a))ro)riation "ade by law(

C"+ELEC s! ui.ano

No "oney shall be )aid o#t of the treas#ry ece)t in )#rs#ance of an a))ro)riation

"ade by law(

/))ro)riation "#st first be "ade )rior to the biddin! and creation of contracts, so as

to )rovide for a !#ideline re!ardin! the a"o#nt that can be #sed for the s)ecificenter)rise(

%aston s Republic Planters Ban8

Taes levied for a s)ecific )#r)ose are considered to be s)ecial f#nds, which is an

eercise of the )olice )ower of the state( 7nce the s)ecific )#r)ose is acco")lished or

abandoned, the f#nds beco"e and are transferred to the !eneral f#nds of the state(

4even#es collected are to be treated as a s)ecial f#nd, to be Rad"inistered in tr#stM for

the )#r)ose intended(

"smena s! "rbos

Doney na"ed as ta b#t act#ally collected in the eercise of the )olice )ower of the

state "ay be )laced in a s)ecial tr#st acco#nt(

Section 3: Appellate 'urisdiction o) the Supreme Court

#irst Lepanto Ceramics s CA

The )rovision is intended to !ive the SC a "eas#re of control over cases )laced #nder

its a))ellate #risdiction(

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,ia* s CA

#abian s ,isierto

/ law is invalid when it increases the a))ellate #risdiction of the co#rt witho#t its

advice(

&illaert s ,esierto

Tirol s C"A

Cabrera s Lapid

Section 31: Titles o) Royalty and Nobility

Section 35: Initiatie and Re)erendum

SB+A s C"+ELEC

,e)ensorSantia(o s C"+ELEC

Lambino s C"+ELEC

Article &II

Section 1 E0ecutie Poer

- Constit#tional )ower !ranted to the 6resident to enforce laws

- ncl#des r#le%"a&in! )ower i")le"entation and enforce"ent of laws)assed

Philconsa s Enri2ue*

7ebb s ,e Leon

The )rosec#tion of cri"es )ertains to the eec#tive de)art"ent, whose )rinci)al

)ower and reasonability is to see that o#r laws are faithf#lly eec#ted(

Ieter"inin! )robable ca#se H eec#tive in character

+arcos s +an(lapus

The )owers of the )resident are not li"ited to those en#"erated in the constit#tion

resid#al )owers

4i!ht to ret#rn H fo#nd in the UN declaration of

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25

0le"ents

6rotected co""#nication "#st relate to a #intessential and non%dele!able

)residential )ower

D#st be a#thored or solicited and received by a close advisor of the 6resident

of the 6resident hi"self

4e"ains a #alified )rivile!e that "ay be overco"e by a showin! of

ade#ate need(

A-BA9AN s! A2uino

Solien s! +a8asiar

6resident "ay waive i""#nity fro" s#it( The only )erson who can invo&e i""#nityis the )resident hi"self(

>arlo s! #it*(erald

W#alified ""#nity or P!ood faithQ i""#nity "ay be #se by an official( / officialwo#ld be #alifiedly i""#ne if he $1' does not &now that the action ta&en in his

s)here of res)onsibility wo#ld violate the constit#tional ri!hts of the victi"( $2' did

not act with "alicio#s intent( :ovMt officials )erfor"in! discretionary f#nctions

!enerally are shieled fro" civil da"a!es insofar as their cond#ct does not violate

clearly established stat#tory or constit#tional ri!hts a reasonable )erson wo#ld have

&nown(

Clinton s! 'ones

The 6resident of the United States is entitled to absol#te i""#nity fro" da"a!esliability )redicated on official acts( So"e )#blic servants are !ranted i""#nity fro"

s#its for "oney da"a!es arisin! o#t of their official acts so as to enable the" to

)erfor" their desi!nated f#nctions effectively witho#t fear that a )artic#lar decision

"ay !ive rise to )ersonal liability( The societal interest in )rovidin! s#ch )#blic

officials with the "ai"#" ability to deal fearlessly and i")artially with the )#blic at

lar!e as an acce)table #stification for official i""#nity( The )oint of i""#nity fors#ch officials is to forestall an at"os)here of inti"idation that wo#ld conflict withtheir resolve to )erfor" their desi!nated f#nction in a )rinci)led fashion(

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Constantino s! Cuisia

The 6resident of the 6hili))ines is the 0ec#tive of the :overn"ent of the

6hili))ines, and no other( The heads of the eec#tive de)art"ents occ#)y )olitical

)ositions and hold office in an advisory ca)acity, and, in the lan!#a!e of Tho"as

Eefferson, +sho#ld be of the 6residents boso" confidence+, and, in the lan!#a!e of/ttorney%:eneral C#shin!, +are s#bect to the direction of the 6resident(+ 5itho#t

"ini"i-in! the i")ortance of the heads of the vario#s de)art"ents, their )ersonality

is in reality b#t the )roection of that of the 6resident( Stated otherwise, and as

forcibly characteri-ed by Chief E#stice Taft of the S#)re"e Co#rt of the United

States, +each head of a de)art"ent is, and "#st be, the 6residents alter e!o in the

"atters of that de)art"ent where the 6resident is re#ired by law to eercisea#thority+(

Section D: Election o) President and &P

AnsonRoa s! Arroyo

:D/ was not elected she ass#"ed )residency after resi!nation of 0strada( Th#s,

there is no bar fro" r#nnin! for )residency as she is not covered by the )hrase Pr#nfor any reelection(Q

Brillantes s! Comelec

Canvassin! of votes for 6resident and K6 is the tac& of Con!ress( t cannot be

#nderta&en by the Co"elec, even in the dis!#ise of bein! P#nofficial(Q

Pimentel s! 'oint Committee

The canvassin! of votes of the 6resident and K6 by the Con!ress is not one of its

le!islative f#nctions( Th#s, it is not covered by the end of the session of Con!ress,

#nli&e its le!islative f#ncstions, which end alon! with the ado#rn"ent of its

sessions(

Lope* s! Senate

The constit#tion )rovides that Con!ress has the )ower to )ro"#l!ate its r#lesconcernin! the canvassin! of votes for the )residency and K6(

,e)ensorsantia(o s! Ramos

Section ?: Start o) Term as o) noon 'une 3

Tecson s! Lim

The election contest can only conte")late a )ost%election scenario( t is fair toconcl#de that the #risdiction of the S#)re"e Co#rt, defined by Section 3, )ara!ra)h

>, of the 198> Constit#tion, wo#ld not incl#de cases directly bro#!ht before it,

#estionin! the #alifications of a candidate for the )residency or vice%)residency

before the elections are held(

Section ?=: #illin( in acancy in the presidency

Estrada s! ,isierto

4esi!nation is not a hi!h level le!al abstraction( t is a fact#al #estion and its

ele"ents are beyond #ibble there "#st be an intent to resi!n and the intent "#st be

co#)led by acts of relin#ish"ent( The validity of a resi!nation is not !overn"ent byany for"al re#ire"ent as to for"( t can be oral( t can be written( t can be e)ress(t can be i")lied( /s lon! as the resi!nation is clear, it "#st be !iven le!al effect(

Section =: +idterm past 'une 3

26 CONSTI LAW I ATTY. CANDELARIA

BY STARR WEIGAND

Pre!"e#$ %&!' $()*&'!%+

N($ C,(e# De&$,-D!&!'!$+

Pre.

/P B($, Pre. /P B($, Pre. /P B($,

VPactsasPres.

Nosuccession

SenatePres,/Speaker ofHoR

(until onequalifies)actingpres.

VP asactingPres.

Nosuccession

SenatePres.rSpeaker ofHoR

VP asPres.

Pres.No!inatesVP fro!!e!"ers of#ongressuponconfir!ation"$ !a%orit$&ote of all!e!"ers of"ot' 'ouses

SenatePres./Speakerof HoR

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27

De&$, D!&!'!$+ Re(&' Re!#&$!(# De&$, D!&!'!$+Re!#&$!(#

Pre. /P B($, A$!# Pre.SP-S

VP is Pres. Pres. ill no!inateVPP fro! #ongress(sec. )

SenatePres./Speaker ofHoR as Pres.

*$ +a (#ongress)

Section 11: Incapacity o) the President

Estrada s! ,isierto

To be deter"ined by Con!ress can be ascertained for" their acts of reco!nition of:D/(

Section 13: Prohibitions

Ra)ael s! Embroidery

0%officio ca)acity H not entirely different fro" c#rrent d#ties and f#nctions*

incidental to their office

CL$ s! E0ec! Sec!

The eec#tive is treated as a class in itself and as s#ch, are !iven stricter )rohibitions(

,ela Cru* s! C"A

0%officio ca)acity H no co")ensation for the eec#tive who acts as s#ch, nor do their

re)resentatives(

Bitonio s! C"A and Amnesty intFl s! C"A

4e)resentatives desi!nated by e%officio "e"bers are not ee")ted fro" the law the

desi!nation is an i")osition only of additional d#ties, and does not confer any le!allyde"andable ri!hts(

,oromal s! Sandi(anbayan

6artici)ation in a contract with the !overn"ent, tho#!h indirect, is still )rohibited b#t

acc#sed is entitled to investi!ation and ri!hts conferred by the law(

Section 1D14: Appointments by Actin( President

In Re appointment o) &alen*uela

There are two &inds of a))oint"ents directed a!ainst by the a))oint"ent ban in Sec(1B, /rt( > $1' those "ade for vote%b#yin! and $2' those "ade for )artisan )olitics(

Didni!ht a))oint"ents s#ch as the a))oint"ents in #estion are "ade in

consideration of )artisan )olitics to infl#ence the o#tco"e of the elections( The only

a))oint"ents that are ee")ted fro" the ban are vacant eec#tive )ositions that will

)re#dice )#blic interest(

Section 1;: Nature o) Appointin( Poer

%oenrment s! Sprin(er

The le!islative branch has no )ower to a))oint( t is only for the eec#tive(

Bermude* s! E0ec! Sec!

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The )resident need not wait for hisGher s#bordinateMs reco""endation to carry o#t a

d#ty or f#nction vested in hisGher office(

Pimentel s! Ermita

The law e)ressly allows the 6resident to "a&e s#ch actin! a))oint"ent( Section 1>,

Cha)ter B, Title , .oo& of 07 292 states that P[t]he 6resident "ay te")orarilydesi!nate an officer already in the !overn"ent service or any other co")etent )erson

to )erfor" the f#nctions of an office in the eec#tive branch(Q Th#s, the 6resident"ay even a))oint in an actin! ca)acity a )erson not yet in the !overn"ent service, as

lon! as the 6resident dee"s that )erson co")etent(

Sarmiento s! +ison

0ce)t as to those officers whose a))oint"ents re#ire the consent of the C7/ by

e)ress "andate of the first sentence in Sec 1? /rt K, a))oint"ents of other officers

are left to the 6resident witho#t need of confir"ation by the C7/( t is only in the

first sentence where it is clearly stated that )ositions en#"erated therein re#ire the

consent of the C7/( The word PaloneQ is a "ere la)s#s(

Bautista s! Salon(a

/))ointin! )ower solely vests in the 6resident, b#t once she "a&es the a))oint"ent,

the 6resident loses the )ower over the )osition( tMs #) to the a))ointed )erson if she

wo#ld acce)t or not(

uinto,eles s! CA

/))oint"ent of sectoral re)resentatives need C/ confir"ation(

Pobre s! +endienta

This )rovision e")owers the 6resident to a))oint +those who" he "ay be a#thori-ed

by law to a))oint(+ The law that a#thori-es hi" to a))oint the 64C Co""issioner

and /ssociate Co""issioners, is 6(I( 22A, Section 2, which )rovides that the

Co""issioner and /ssociate Co""issioners of the 64C are +all to be a))ointed by

the 6resident for a ter" of nine $9' years, witho#t rea))oint"ent, to start fro" theti"e they ass#"e office (

#lores s! ,rilon

The )ower of choice is the heart of the )ower to a))oint( /))oint"ent involves aneercise of discretion of who" to a))oint* it is not a "inisterial act of iss#in!

a))oint"ent )a)ers to the a))ointee( n other words, the choice of the a))ointee is af#nda"ental co")onent of the a))ointin! )ower(

Ru)ino s! Endri(a

The )ower to a))oint is the )rero!ative of the 6resident, ece)t in those instances

when the Constit#tion )rovides otherwise( Under Section 1?, there is a fo#rth !ro#) of

lower%ran&ed officers whose a))oint"ents Con!ress "ay by law vest in the heads of

de)art"ents, a!encies, co""issions, or boards( These inferior or lower in ran&officers are the s#bordinates of the heads of de)art"ents, a!encies, co""issions, or

boards who are vested by law with the )ower to a))oint( Con!ress has the discretion

to !rant to, or withhold fro", the heads the )ower to a))oint lower%ran&ed officers(

The 198> Constit#tion only allows heads of de)art"ents, a!encies, co""issions, or

boards to a))oint only Pofficers lower in ran&Q than s#ch Pheads of de)art"ents,

a!encies, co""issions, or boards(Q

Calderon s! Carale

28 CONSTI LAW I ATTY. CANDELARIA

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The second sentence of Sec 1?, /rt K refers to all other officers of the !overn"ent

whose a))oint"ents are not otherwise )rovided for by law and those who" the6resident "ay be a#thori-ed by law( The NL4C Chair"an and Co""issioners fallwithin the second sentence of Sec 1?( The Chair"an and De"bers of the NL4C are

N7T a"on! the officers "entioned in the first sentence of Sec 1?, whose

a))oint"ents re#ires the confir"ation by the Co""ission on /))(

$Sin( s! NLRC

Sa"e as Calderon

Tarrosa s! Sin(son

Con!ress cannot by law e)and the confir"ation )owers of the Co""ission on

/))oint"ents and re#ire confir"ation of a))oint"ents of other !overn"entofficials not e)ressly "entioned in the first sentence of Section 1? of /rticle > of the

Constit#tion(

+anolo s! Si*to*a

The )olice force is different fro" and inde)endent of the ar"ed forces and the ran&s

in the "ilitary are not si"ilar to those in the 6N6( Th#s, directors and chief

s#)erintendents of the 6N6, s#ch as res)ondent )olice officers in this case, do not fall#nder the first cate!ory of )residential a))ointees re#irin! the confir"ation by the

C/ $see first sentence of the first )ara!ra)h of Section 1?'( 6N6 is not )art of the

/=6(

Soriano s! Lista

t is clear fro" Section 1?, /rticle K of the 198> Constit#tion that only a))ointed

officers fro" the ran& of colonel or naval ca)tain in the ar"ed forces re#ireconfir"ation by the C/( The r#le is that the )lain, clear and #na"bi!#o#s lan!#a!e ofthe Constit#tion sho#ld be constr#ed as s#ch and sho#ld not be !iven a constr#ction

that chan!es its "eanin!( The en#"eration of a))oint"ents s#bect to confir"ation

by the C/ #nder Section 1?, /rticle K of the 198> Constit#tion is ecl#sive( The

cla#se +officers of the ar"ed forces fro" the ran& of colonel or naval ca)tain+ refers

to "ilitary officers alone(

Section 1?: Poer o) Control

Lacsonma(allanes s! Pano

The )resident is vested with the eec#tive )ower in the A branches of !overn"ent(

5ith this )ower, co"es the )ower to control all of the eec#tive de)art"ents(

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)roced#re laid down in the Civil Service /ct of 19B9 "#st be followed for their

re"oval(

&illalu* s! /aldiar

nherent in the )ower to a))oint is the )ower to re"ove(

NA+ARC" s! Arca

6residentMs )ower of control incl#des :7CCs as )art of the 0ec#tive de)art"ent(

,rilon s! Lim

S#)ervision H "erely to deter"ine if r#les are bein! followed* control H chan!e the

r#les and creates new ones, and )rovide )enalties for non%co")liance with the r#les(

PASEI s! Torres

The Dinistry of Labor is #nder the eec#tive de)art"ent and the )resident has the

)ower of control of its de)art"ent head $Secretary'( t is i")licit in the )ower of

control is the )ower to review, confir", "odify or reverse acts of Ie)tM heads( n this

case, if the Secretary !rants a new license, Darcos can deny or a))rove of it(

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31

deter"ine if the sa"e co")lies with the )rescribed )olicies and !#idelines iss#ed in

this re!ard( The role of the Ie)art"ent of .#d!et and Dana!e"ent is s#)ervisorial innat#re, its "ain d#ty bein! to ascertain that the )ro)osed co")ensation, benefits andother incentives to be !iven to 64/ officials and e")loyees adhere to the )olicies and

!#idelines iss#ed in accordance with a))licable laws(

,omin(o s! /amora

6ower of the 6resident to reor!ani-e over 1' office of the 6resident )ro)er* 2' offices

within the office of the 6resident

Romulde* s! Sndi(anbayan

The felonio#s act of )#blic officials and their close relatives are not acts of the state,

and the officer who acts ille!ally is not actin! as s#ch, b#t stands on the sa"e footin!as any other offender(

Chae* s! Romulo

Under Section 1>, /rticle K of the Constit#tion, heGshe is !iven )owers as the Chief0ec#tive PThe )resident shall have control of all the eec#tive de)art"ents, b#rea#s

and offices( Per!("

es. 7'e test is /n t'e Pres.8cte3 ar"itraril$ 9 sufficientl$

"ase3 on t'e facts: 3eci3e in 123a$s

W,( ?*e$!(#

8n$ #iti;en

C(*r$ > 'e!.Ae'+

pen pen pen

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6resident has A co#rses of action $in ti"es of national e"er!ency'

To call o#t /r"ed =orces

To s#s)end the )rivile!e of the writ of habeas cor)#s

To )lace the 6hili))ines $entirely or )artly' #nder "artial law

Aberca s! &er

IBP s! /amora

The callin! o#t )ower is )laced in a different cate!ory fro" the )ower to declare"artial law and the )ower to s#s)end "artial law and the )ower to s#s)end the habeas

cor)#s otherwise, the fra"ers of the Constit#tion wo#ld have si")ly l#")ed to!ether

the A )owers and )rovided for their revocation and review witho#t any #alification

$see Section 18, /rticle > codal'

The )ower to call is f#lly discretionary to the )resident(

Lacson s! Pere*

The co#rt "ay review the fact#al basis for the )rocla"ation declarin! the eistence of

a state of rebellion(

Lim s! E0ec! Sec!

Sanla8as s! E0ec! Sec!

The 6resident has f#ll discretionary )ower to call o#t the ar"ed forces and to

deter"ine the necessity of the eercise of s#ch )ower( None of the )etitioners have

s#))orted their assertion that the 6resident acted witho#t fact#al basis(

,aid s! Arroyo

The )resident "ay call o#t the /=6 witho#t confir"ation fro" Con!ress, b#t "ay not

eercise e"er!ency )owers witho#t con!ressional enact"ent(

Section 1@: E0ecutie Clemency

Re:r!eeC(*$&$!(#

P&r"(# !#e A#e$+

W,(e@er!e

Presi3ent Presi3ent Presi3ent Presi3entPres.

E%%e$ Postpones toa 3a$ certain

Re!issionof part oft'epunis'!ent

=4e!ptsfro!punis'!ent(looksforar3)

-a"olis'esoffense

(looks

32 CONSTI LAW I ATTY. CANDELARIA

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33

-relie&e3fro!

consequences

-ci&illia"ilit$

"ackar3)

Re?*!!$e

>inal?u3g!ent

>inal?u3g!ent

>inal?u3g!ent

>inal%u3g!ent

-"eforecon&iction

-treason,politicaloffense/laof nations

Be#e%!!&r

+

in3i&i3ual @n3i&i3ual @n3i&i3ual @n3i&i3ual#lass of

in3i&i3uals

L!!$&$!(#

=4cept0i!peac'!ent:electionoffense(#o!elecreco!!en3ation)

-A Sa!e Sa!e Sa!e

Sa!e (ifta4

a!nest$,nee3s

legislati&econcurrenc

e)

Ae:$e

en. Rule0nee3e3e4cept ifa"solute

Cristobal s! Labrador

There are only two li"itations on the )ardonin! )ower of the eec#tive that the

)ower be eercised after conviction $final #d!e"ent' and that s#ch )ower does notetend to cases of i")each"ent( 6ardon was !ranted to Santos after he has served his

sentence and his case was not that of i")each"ent( Th#s, the )ardonin! )ower of the

eec#tive cannot be restricted by le!islative action( /n absol#te )ardon blots o#t not

only the cri"e co""itted b#t re"oves all disabilities res#ltin! fro" conviction(

7ften, i")rison"ent is not the only )#nish"ent when one !oes a!ainst the law b#t

)#nish"ent also co"es in the for" of accessory and res#ltant disabilities( 5hen)ardon is !ranted after the ter" of i")rison"ent has e)ired, absol#te )ardon

re"oves all that is left of the conse#ences of conviction(

Llamas s! "rbos

The )resident "ay !rant cle"ency for ad"inistrative cases in the eec#tive branch

the constit#tion does not distin!#ish between cri"inal and ad"inistrative cases(

People s! Salle

Pafter final #d!"ent of convictionQ H no a))eals if )ardon is a))lied for, it shall not

be )rocessed )endin! an a))eal( The #d!"ent "#st fist be final(

People s! Bacan(

6ardon cannot be etended )endin! an a))eal(

,rilon s! CA

7nce a )erson has been )ardoned, or has served his sentence, his case can no lon!er

be reo)ened and reinvesti!ated(

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Torres s! %on*ales

The acce)tance of a conditional )ardon, carried with it the a#thority or )ower !iven to

the 6resident to deter"ine whether the condition of the )ardon has been violated( To

no other de)art"ent of the :overn"ent has s#ch )ower been entr#sted or dele!ated(

S#ch act of the 6resident is not s#bect to #dicial scr#tiny(

People s Cassido

/"nesty H !ranted to classes of )ersons !#ilty of )olitical offenses, instit#ted before

or after cri"inal )rosec#tion or even after conviction(

+onsanto s! )actoran

6ardon does not restore a convicted felon to )#blic office(

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so"eti"es, to avoid the )rocess of le!islative a))roval( t is stated that +treaties,

a!ree"ents, conventions, charters, )rotocols, declarations, "e"oranda of#nderstandin!, "od#s vivendi and echan!e of notes+ all refer to +international

instr#"ents bindin! at international law(+Si!nificantly, an echan!e of notes is

considered a for" of an eec#tive a!ree"ent, which beco"es bindin! thro#!h

eec#tive action witho#t the need of a vote by the Senate or Con!ress( /!ree"ents

concl#ded by the 6resident which fall short of treaties are co""only referred to as

eec#tive a!ree"ents and are no less co""on in o#r sche"e of !overn"ent than are

the "ore for"al instr#"ents H treaties and conventions( They so"eti"es ta&e the

for" of echan!e of notes and at other ti"es that of "ore for"al doc#"ents

deno"inated +a!ree"ents+ or +)rotocols+( The )oint where ordinary corres)ondence

between this and other !overn"ents ends and a!ree"ents H whether deno"inated

eec#tive a!ree"ents or echan!e of notes or otherwise H be!in, "ay so"eti"es bediffic#lt of ready ascertain"ent(

6har"ace#tical vs( I7ay s! Lim

The co#rts retain f#ll discretionary )ower to ta&e co!ni-ance of the )etition fileddirectly to it if co")ellin! reasons or the nat#re and i")ortance of the #ses raised,

warrant( 4e"andin! the case to the lower co#rts wo#ld #nd#ly )rolon! the case(

&elarde s! S'S

4e#ire"ents for declaratory relief so#!ht by res)ondents are 1' #sticiable

controversy, 2'controversy is between )eo)le whose interests are adverse, A' )arty

see&in! relief has a le!al interest in the controversy and 3' the iss#e is ri)e for #dicial

deter"ination(/ #sticiable controversy refers to an eistin! case or controversy that is a))ro)riate

or ri)e for #dicial deter"ination, not one which is "erely one of conect#re or "erelyantici)atory( This )etition failed to alle!e an esitn! controversy or dis)#te between

the )etitioner and the na"ed res)ondents(

Pan(aniban s! Shell

The co#rt cannot r#le of Pfeared hy)othetical ab#seQ not an act#al case or

controversy( There is not ca#se of action( No in#ry or encroach"ent of ri!ht le!allyenforceable or de"andable(

S+ART s! NTC

The co#rt has #risdiction over ad"inistrative iss#ances of a!encies, which were

iss#ed in the eercise of their #asi%le!islative, and not #asi%#dicial f#nction(

Buac s! Comelec

4eco#nt of )lebiscite ballots is ecl#sively within the real" of the Co"elec not to be

interfered with by the co#rts(

In)ormation Technolo(y s! Comelec

The co#rt does not !ive advisory o)inions( t can nly r#le on act#al cases orcontroversies, involvin! ri!hts which are le!ally de"andable and enforceable(

+acasiano s! N>A

4e#isites for declaratory relief

1' There "#st be a #sticiable controversy*

2' The controversy "#st be between )ersons whose interests are adverse* andA' The )arty see&in! declaratory relief "#st have a le!al interest in the controversy(

Tano s! Socrates

Co#rt will not entertain direct resort #nless redress desired cannot be obtained in

a))ro)riate co#rt and when there is ece)tional circ#"stance to #stify avail"ent of

re"edy(

Section 5: Poer o) Le(islature to Apportion 'urisdiction

+antruste s! CA

The co#rt is )rohibited by law to interfere with, or bloc&, a decision of an eec#tive

a!ency(

+ala(a &s! Penachos

Co#rts are not barred fro" iss#in! restrainin! orders a!ainst !overn"ent entities, if

the re#ire"ents and )roced#res set by law are followed(

Section 3: #iscal Autonomy

CONSTI LAW I ATTY.CANDELARIA

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In Re Clari)yin( and Stren(thenin(G!

The a#thority of the I.D to PreviewQ the )lantilla and co")ensation of co#rt

)ersonnel etends only to Pcallin! the attention of the Co#rtQ on what it "ay )erceive

as erroneo#s a))lication of b#d!etary laws and r#les on )osition classification(

Section D: Compositions and Sessions

#ortrich s! Corona

it is clear that only cases are referred to the Co#rt en banc for decision whenever there#ired n#"ber of votes is not obtained( Conversely, the r#le does not a))ly where,

as in this case, the re#ired three votes is not obtained in the resol#tion of a "otion for

reconsideration( RET

/ll re"edies "#st first be eha#st before see&in! reco#rse to the co#rts if the iss#einvolves the r#les of the

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Republic s! Nolasco

Le(aspi s! CSC

PASEI s! Torres

'oya s! PC%%

Tatad s! %arcia

Board o) "ptometry s! Colet

7nly nat#ral and #ridical )ersons or entities a#thori-ed by law "ay be )arties in a

civil action, and every action "#st be )rosec#ted or defended in the na"e of the real

)arty in interest( Under /rticle 33 of the Civil Code, an association is considered a#ridical )erson if the law !rants it a )ersonality se)arate and distinct fro" that of its

"e"bers( / real )arty in interest #nder Section 2 4#le A of the 4#les of Co#rt is a)arty who stands to be benefited or in#red by the #d!"ent on the s#it, or the )arty

entity led to the avails of the s#it( Since 76/6, C7/, /CD7, and SD7/6 were not

shown to be #ridical entities, they cannot be dee"ed real )arties in interest(

Anti%ra)t Lea(ue o) the Philippines

Telecom s! Comelec

Cru* s! Sec! o) ,ENR

6etitioners, as citi-ens, )ossess the P)#blic ri!htQ to ens#re that the national )atri"ony

is not alienated and di"inished in violation of the Constit#tion( Since the!overn"ent, as the !#ardian of the national )atri"ony, holds it for the benefit of all

=ili)inos witho#t distinction as to ethnicity, it follows that a citi-en has s#fficient

interest to "aintain a s#it to ens#re that any !rant of concessions coverin! thenational econo"y and )atri"ony strictly co")lies with constit#tional re#ire"ents(

Th#s, the )reservation of the inte!rity and inviolability of the national )atri"ony is a

)ro)er s#bect of a citi-enMs s#it(

n addition, )etitioners, as ta)ayers, )ossess the ri!ht to restrain officials fro"

wastin! )#blic f#nds thro#!h the enforce"ent of an #nconstit#tional stat#te( t iswell%settled that a ta)ayer has the ri!ht to enoin )#blic officials fro" wastin! )#blicf#nds thro#!h the i")le"entation of an #nconstit#tional stat#te, and by necessity, he

"ay assail the validity of a stat#te a))ro)riatin! )#blic f#nds( The ta)ayer has )aid

his taes and contrib#ted to the )#blic coffers and, th#s, "ay in#ire into the "anner

by which the )roceeds of his taes are s)ent( The e)endit#re by an official of the

State for the )#r)ose of ad"inisterin! an invalid law constit#tes a "isa))lication of

s#ch f#nds(

Lo*ano s! +acapa(alArroyo

Lim s! E0ec! Sec!

Tho#!h bein! lawyers does not !rant these )etitioners standin! beca#se of lac& ofs#fficient interest $.6 v ;/D74/' and there was no eercise of Con!ressM s)endin!

)owers to warrant a ta)ayerMs s#it, this iss#e is one of transcendental i")ortance $tothe )#blic', where the SC can rela the standin! re#ire"ents and allow the s#it to

)ros)er(

Chae* s! PEA

The )etitioner has loc#s standi beca#se of his invocation of his ri!ht to infor"ation

and to the e#itable diff#sion of nat#ral reso#rces is a "atter of transcendental )#blici")ortance( =#rther"ore, since 60/ did not cond#ct )#blic biddin!, there was no

infor"ation released to the )#blic re!ardin! the details of its dis)osition of )ro)erty(

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bein! i"b#ed with )#blic interest $ri!ht of s#ffra!e' and one which will "ost li&ely

arise a!ain, the )etitioners are !ranted standin! to file(

A(an s! PIATC"

The )etitioners are e")loyees of service )roviders c#rrently o)eratin! at the D//and service )roviders who have contracts with D//( They will s#rely s#stain direct

in#ry #)on the i")le"entation of the 6/TC7 contracts beca#se they will bedis)laced by new e")loyeesGservice )roviders th#s losin! their "eans of livelihood(

=#rther"ore, the iss#es )osed in the cases re#ired a disc#ssion of the .7T Law andits constit#tionality(

Tichan(co s! Enri2ue*

nterest "eans a "aterial interest in iss#e that is affected by the #estioned act orinstr#"ent, as distin!#ished fro" a "ere incidental interest( t cannot be va!#e,

s)ec#lative or #ncertain(

AI7A s! Romulo

6etitioners "#st show that they have s#stained or will s#stain a direct in#ry as a

res#lt of the eec#tive or le!islative act bein! #estioned( n the absence of s#ch

showin! the case will not )ros)er(

Pimentel s! E0ec! SecThe 4o"e Stat#te is "erely intended to co")le"ent national cri"inal laws and

co#rts( S#fficient re"edies are available #nder o#r national laws to )rotect o#r

citi-ens a!ainst h#"an ri!hts violations(

Senate s! Ermita

The interest of the )etitioner in assailin! the constit#tionality of laws "#st be direct

and )ersonal( 5hen the )roceedin! involves the assertion of a )#blic ri!ht, the "erefact that he is a citi-en satisfies the re#ire"ent of )ersonal interest(

Puro8 s! 9uipico

The !eneral r#le is that all actions "#st be )rosec#ted and defended by the real )arties

in interestand in the na"e of the real )arty in interest( /n association has the le!al

)ersonality to re)resent its "e"bers and the o#tco"e case will affect their vitalinterest( /dditionally, an association has standin! to file s#it for its "e"bers des)ite

its lac& of direct interest if its "e"bers are affected by the action(

,aid s! Arroyo

>oly Spirit s! ,e)ensor

The )etitioner association has le!al standin! to file the )etition 57N it is the d#ly

reco!ni-ed association of ho"eowners in the N:C( There is no dis)#te that theindivid#al "e"bers of the

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43

the earliest o))ort#nity( There are ece)tions( Co#rts, in the eercise of so#nddiscretion, "ay deter"ine the ti"e when a #estion affectin! the constit#tionality of a

stat#te sho#ld be )resented( n civil cases, it has been held that it is the d#ty of theco#rt to )ass on the constit#tional #estions, even if it was raised for the first ti"e on

a))eal = it a))ears that a deter"ination of the #estion is necessary to a decision of

the case( /s to the )ower of the co#rt to consider the constit#tional #estion raised for

the first ti"e in these )roceedin!s, the SC is of the o)inion is that the 6eo)le of the

6hili))ines and the =iscal of the City of Danila is a )ro)er )arty in these )roceedin!s(

The r#le is that the )erson who i")#!ns the validity of a stat#te "#st have as#bstantial interest in the case( The enforce"ent of an invalid stat#te is detri"ental to

)#blic interest( Th#s, the state has standin! to s#e(

+irasol s! CA

The )resent case was instit#ted )ri"arily for acco#ntin! and s)ecific )erfor"ance(

The C/ correctly r#led that 6N.Ms obli!ation to render an acco#ntin! is an iss#ewhich can be deter"ined witho#t havin! to r#le on the validity of 6I B>9( t is not the

lis "ota of the case(

+atiba( s! Benipayo

The earliest o))ort#nity is to raise it in the )leadin!s before a co")etent co#rt that

can resolve the sa"e(

La Bu(al s! Ramos

The Pearliest o))ort#nityQ re#ire"ent sho#ld not be ta&en to "ean that the #estion

of constit#tionality "#st be i""ediately raised after the eec#tion of the actco")lained of( That the #estion of constit#tionality has not been raised before is not

a valid reason for ref#sin! to allow it to be raised later(

Arceta s! +an(roban(

The constit#tional #estion is not the lis "ota in the case( To #stify a lawMs

n#llification, there "#st be a clear breach of the Consti and not one wh