CONSTITUTIONAL LAW 1: MIDTERMS REVIEWER

Allan Pamis [email protected] LAW I REVIEWER:

Constitution: a written instrument by which the fundamental powers of government are established, limited, and defined, and by which these powers are distributed among several departments, for their more safe and useful exercise, for the benefit of the body politic.Constitutional Law: a body of rules resulting from the interpretation by a high court of a written constitutional instrument in the course of disposing of cases in which the validity, in relation to the constitutional instrument, of some act of governmental power… has been challenged.

Classification of constitutions based on the extent to which constitutions are observed as norms of governmental action:

1. normative constitution – its norms direct governmental action, and governments habitually adjusts its actions to the norms.

2. nominal constitution – it is a constitution which cannot yet be fully operative because of existing socio-economic conditions. It’s principal value is educational which points towards the mature state to which a fledging polity must grow.

3. semantic constitution – The primary purpose of a constitution is to limit power and the semantic constitution does the opposite. It is a tool for the perpetuation of power in the hands of power holders.

Three Parts of a Constitutional Document:1. constitution of government – provisions which set up the

governmental structure2. constitution of liberty – provisions which guarantee

individual fundamental liberties against governmental abuse3. constitution of sovereignty – provisions which outline the

process whereby the sovereign people may change the constitution

Historical Notes:• June 1, 1971 – 1971 constitutional convention began

• September 21, 1972 – Martial Law was imposed on the whole Philippines. Despite this, the constitutional convention still continued with their task

• November 30, 1972 – PD # 73 “submitting to the Filipino people for ratification or rejection the Constitution of the Republic of the Philippines proposed by the 1971 Constitutional Convention”

• January 17, 1973 – The President has announced, through Proclamation number 1102, that the proposed Constitution has been ratified by an overwhelming vote of the members of the Citizens Assemblies.

• March 31, 1973 – The Supreme Court (divided) ruled that the Constitution has now been considered in force and has taken effect.

• 1976 – the 1973 Constitution ahs been amended to provide for an interim Batasang Pambansa to replace the interim national assembly

• 1981 – Constitution was revised to a modified version of presidentialism

• February 1986 – has ended the 1973 Constitution through a revolution. Cory is now president which is in defiance of the 1973 Constitution

• March 25, 1986 – Proclamation number 3 – Freedom Constitution

• June 2, 1986 – a new constitutional commission convened and has completed its work on October 15, 1986

• February 2, 1986 – approved by a plebiscite and the 1987 Constitution has been approved and it has taken effect the same day.

PREAMBLEWe, the sovereign Filipino people,imploring the aid of Almighty God,

in order to build a just and humane society,and establish a Government that shall embody our ideals

and aspirations,promote the common good,

conserve and develop our patrimony,and secure to ourselves and our posterity,

the blessings of independence and democracyunder the rule of law and a regime of truth,justice, freedom, love, equality, and peace,do ordain and promulgate this Constitution.

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Allan Pamis [email protected]: it sets down the origin, scope, and purpose of the Constitution, it is useful as an aid in ascertaining the meaning of ambiguous provisions in the body of the constitution. It is a source of light.

Origin / authorship: the will of the “sovereign Filipino people”

Scope and purpose: to build a just and humane society and to establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace.

Use of words:a. We – first person; stresses the active and sovereign role of the Filipino people as author of the Constitution. In the 1935 constitution, “the Filipino people” was used denoting that another power was merely announcing that the Filipinos were finally being allowed to promulgate a constitution.b. Almighty God – more personal and more consonant with personalist Filipino religiosityc. common good – projects the idea of a social order that enables every citizen to attain his or her fullest development economically, politically, culturally, and spiritually. Versus “general welfare” because it denotes the greatest good for the greatest numberd. equality – major problem in the RP society if the prevalence of gross economic and political inequalitiese. love – as a monument to the love that prevented bloodshed in the February revolutionf. truth – as a protest against the deception which characterized the Marcos regimeg. peace – the fruit of the convergence of truth, justice, freedom, and love.h. rule of law – expresses the concept that government officials have only the authority given them by law and defined by law, and that such authority continues only with the consent of the people.

ARTICLE INational Territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories

over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Importance of defining territory: • 1935: To prevent the United States from dismembering

the Philippines. The acceptance of the Constitution by the US President would oblige his government to preserve the territorial integrity of the Philippines as defined in the constitution.

• 1973: Adherence to the archipelagic principle• 1986: Educational value; apprehension that absence of

this provision would be difficult to explain.

Constitution is municipal law and binds only the nation promulgating it. Will not be binding internationally unless supported by international law.

Scope of national territory: • Archipelago• All other territories over which the Phils has sovereignty

or jurisdiction• Territorial sea, seabed, subsoil, and other submarine

areas of (1) and (2)• Terrestrial, fluvial and aerial domains of (1) and (2)

What: Archipelago is a body of water studded with islands.

Where: Philippine archipelago delineated by Treaty of Paris (as modified by Treaty of Washington and Treaty with Great Britain)

All other territories includes any territory which presently belongs to the Phils or might in the future belong to the Phils through any of the internationally accepted modes of acquiring territory.

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Allan Pamis [email protected] jurisdiction refers to Batanes Islands, which lies outside lines drawn by Treaty of Paris. This also includes Sabah, Marianas, Freedomland.

Neither claims nor disregards Sabah, but asserts a legal situation in which Sabah can have a place in Phil territory depending on outcome of current dispute.

Elements of Archipelagic principle:• Claim on internal waters irrespective of breadth and

dimension• Straight baseline method of delineating territorial sea

Conflict between UNCLOS and Consti: • What Consti calls Internal Waters are archipelagic

waters in UNCLOS. No right of innocent passage through internal waters.

• UNCLOS limits straight baselines to 125 nautical miles. Some of the lines drawn by Republic Acts extend beyond 125 mi.

When RP ratified UNCLOS, it added a declaration that the signing shall not impair sovereign rights arising from the Constitution.

ARTICLE IIDeclaration of Principles and State Policies

Statement of the basic ideological principles and policies that underlie the constitution. Provisions shed light on the meaning of other provisions of the Constitution. Guide for all departments of government in the implementation of the Constitution. • Principles: binding rules that must be observed in the conduct

of government• Policies: guidelines for the orientation of the state. distinction is of little significance because not all principles are self-executory and some of the policies already anchor justiciable rights.

Principles

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

State: Community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possession an organized government to which the great body of inhabitants render habitual obedience.

4 elements of a state: • PEOPLE: community of persons sufficient in number and

capable of maintaining the continued existence of the community and held together by a common bond of law

• TERRITORY• SOVEREIGNTY: property of a state-force due to which it has the

exclusive capacity of legal self-determination and self-restriction (Jellinek). Legal sovereignty is the supreme power to make law which is lodged in the people. Political sovereignty is the sum total of all the influences in a state, legal and non-legal, which determine the course of law.

• GOVERNMENT: that institution by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, which are imposed upon the people forming the society by those who possess the power or authority of prescribing them. Includes legislative, executive and judicial branches and local governments but excludes government entities which are given a corporate personality separate and distinct from the government.

State (legal concept) and Nation (ethnic concept) used interchangeably

Republican state: all government authority emanates from the people and is exercised by representatives chosen by the people.

Democratic state: reference to aspects of direct democracy such as initiative and referendum. Also a monument to 1986 revolution that re-won freedom through direct action of the people.

Marcos’ Constitutional Authoritarianism: assumption of extraordinary powers by the President authorized by the legitimately enacted Constitution.

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Allan Pamis [email protected] and Functions of Government: Constituent: compulsory functions which constitute the very bonds of society. (1) Keeping of order and providing for the protection of persons

and property from violence and robbery(2) Fixing of the legal relations between man and wife and between

parents and children(3) Regulation of property and determination of its liabilities for

debt or for crime(4) Definition and punishment of crime(5) Administration of justice in civil cases(6) Determination of political duties, privileges, and relations of

citizens(7) Dealings of the state with foreign powers. (8) Dealings of the state with foreign powers; the preservation of

the state from external dandier or encroachment and the advancement of its international interest.

Ministrant: optional functions of government intended for achieving a better life for the community. The determination of whether or not a government should exercise certain of these functions are: (1) That a government should do for the public welfare those things

which private capital would not naturally undertake(2) That a government should do those things which by its very

nature it is better equipped to administer for the public welfare than is any private individual or group of individuals.

Bacani vs. NACOCOIssue: Whether NACOCO was part of the government or notHeld: Because NACOCO was a corporation with personality distinct from the government, it was clearly not part of the government and could not therefore claim the privileges that flow from sovereignty.

ACCFA vs. CUGCOIssue: characterization of the functions of a government agency charged with implementation of the land reform program. Held: Function may not strictly be constituent, but the compelling urgency with which the Constitution speaks of social justice does not leave any doubt that land reform in not an optional but a compulsory function of governmentRatio: Enumeration of specific government functions under these headings cannot be static. Enumeration is unrealistic for current times.

Administration: distinguished from government, is defined as the aggregate of persons in shoes hands the reins of government are for the time being.

Sovereignty:People vs. GozoIssue: WoN a building permit is needed to construct a house inside an American baseHeld: Permit is necessary. RP has not abdicated sovereignty over the bases or divested itself completely of all jurisdiction over offenses committed therein. US government has preferential or prior but not exclusive jurisdiction.

Governments de jure and de factoCo Kim Cham vs. Valdez Tan KehAll acts and proceedings of the legislative, executive and judicial departments of a de facto government are good and valid.

Issue: WoN governments established during the Japanese military occupations were de facto governments.

Held: Actions not of a political complexion were good and valid and by postliminy remained good and valid after liberation.

Kinds of de facto governments:(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 (England under 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 (Maine, Tampico Mexico)

(3) Established as an independent government by the inhabitants of a country who rise in insurrection against a parent state (Southern Confederacy)

In re Letter of Associate Justice PunoCory government under Freedom Constitution: DE JURE because it was established by authority of the legitimate sovereign, the people

Republic vs. Sandiganbayan

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Allan Pamis [email protected] government was a revolutionary government bound by no constitution or legal limitations except treaty obligations that the revolutionary government, as the DE JURE government in the Philippines, assumed under international law.

Patterns of Government(1) Direct democracy: If the people, organized as the electorate,

are the preponderant power holder(2) Assembly government: Parliament, as the representation of the

people, is the ascendant power holder(3) Parliamentarism: Equilibrium between the independent power

holders, parliament and government, is attempted by integrating the latter into the former. Interdependence by integration.

• French type: Supremacy of assembly over government

• British type: Ascendancy of cabinet over parliament(4) Presidentialism: government and parliament are kept separated

but are constitutionally obliged to corporate for the formation of the will of the state. Interdependence by coordination. Also known as “separation of powers”

(5) Directory government: Collegiate structure of the government power holder. (Swiss)

Assembly Government• Most discredited because when it made its first appearance in

revolutionary France it was held responsible for dictatorship and terror

• Standard pattern of Communist government• Legislative assembly, popularly elected, holds undisputed

supremacy over all other state organs, subject only to the sovereign electorate renewing it at regularly recurrent intervals.

• Executive is servant of the assembly, appointed and dismissed at the assembly’s discretion.

• Autonomy and power monopoly of assembly

Parliamnetarism (French model)• Most common pattern of constitutional-democratic government

today. • Generic term with widely divergent applications; 3 points to be

noted

(1) Existence of representative or parliamentary institutions in a state does not mean that government is of the parliamentary form

(2) Parliamentary government is not identical with cabinet government

(3) To be qualified as parliamentary, the governmental structure must possess certain features common to all its variants and not found in any other pattern of government.

• Attempt to establish between two independent and separate power holders (assembly and government) such an equilibrium that neither one can gain ascendancy over the other.

• 2 power holders share in policy decision and policy execution by legislation. Also in policy control by reciprocal constraints and mutual controls

• Ideal type is complete equilibrium between the 2, subject to periodical political reorientation by the verdict of the electorate, each of them endowed with restraining and controlling powers symmetrically matching those of the other power holder.

• Structural elements common to all variants of genuine parliamentary government:

(1) Members of government or cabinet are simultaneously members of the parliament

(2) Government or cabinet consists of the political leaders of the majority party or coalition. Cabinet is a committee of the assembly, fused and integrated with it.

(3) Government-cabinet has pyramidal structure with prime minister as recognized leader. Prime minister exercises undisputed supremacy over his ministerial colleagues

(4) Government remains in power as long as it commands the support of the majority of parliament. Power is lost by withdrawal of support or results of elections changing majority party.

(5) Policy decision is shared by government and the parliament.

(6) Crux is in policy control: Parliamnetarism must be operated by reciprocal control devices at the disposal of both power holders. (Dissolution and vote of non-confidence)

Cabinet government (English Model)• Undisputed ascendancy of the government (PM and Cabinet)

over the parliament.

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Allan Pamis [email protected]• Main features:

(1) Predicated on existence of 2 alternating parties possession even chances in the long run of becoming the majority party at the general elections. No proportional representation, population shifts are remedied by a periodical redistribution of seats.

(2) Cabinet is a relatively small committee, composed of he leaders of the majority party. All must be members of parliament

(3) Official leader of the majority winning the general elections is prime minister designate who chooses members of cabinet at his discretion. Monopolizes policy determination.

(4) Parliament is granted degree of participation in the policy execution by legislation that the prevailing political climate demands.

(5) Policy control is vested in parliament and electorate. (Question time)

(6) Party discipline is key

Presidentialism• Separation of functions/ Separated and coordinated functions

Free Telephone Workers Union vs. Minister of LaborFM’s government under the 1973 Consti had distinguishing marks of presidential form: (1) Separation of powers(2) Preeminence of the President over Prime Minister

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

• Renounces aggressive not defensive war

Adoption of generally accepted principles depends on jurisprudential development

(1) Right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him

(2) Right of a country to establish military commissions to try war criminals

(3) Vienna Convention on Road Signs and Signals(4) Duty to protect embassies and legations

Affirmation of amity does not mean automatic diplomatic recognition of all nations. Amity with all nations is an ideal to be aimed at. Diplomatic recognition remains a matter of executive discretion.

Principles of international law vs Statute• Whichever is passed later prevails• International law has same weight as statute

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

• Civilian supremacy clause: civilian authority is supreme• Mark of sovereignty clause: Military as guardian of the people,

integrity of the national territory and ultimately of the majesty of the law.

• Expression of disapproval of military abuses• Section 3 is capsule description of the vocation of a soldier

Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.

• Defense of state is no longer prime duty of government. • Provisions in 1935 and 1973 led to interpretations that

justified a national security state offensive to the people• Present version places emphasis on service to and protection

of the people

• Under conditions provided by law emphasizes primacy of serving the interest of the people and protecting their rights even when there is need to defend the state.

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Allan Pamis [email protected]

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

• Refers to the constituent function of government

Section 6. The separation of Church and State shall be inviolable.

State Policies

State policies are not laws, but exhortations on government.

Section 7. The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

• Independent foreign policy; paramount consideration to (1) National sovereignty(2) Territorial integrity(3) National Iterest(4) Self-determination

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

• Freedom from nuclear weapons includes prohibition not only of the possession, control, manufacture of nuclear weapons but also nuclear arms tests

• Not an absolute prohibition, but any exception must be justified by the demands of national interest

• Does not prohibit peaceful uses of nuclear energy

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and

independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

Section 10. The State shall promote social justice in all phases of national development.

• Underlying premises: poverty and gross inequality are major problems besetting the nation and that these problems assault the dignity of the human person

• Social justice: equalization of political, economic and social opportunities with emphasis on the duty of the state to tilt the balance of social forces by favoring the disadvantaged in life.

• 1935: justice for the common tao; 1973: those who have more in life should have more in law

• Provision has been instrumental in the socialization of the attitude of jurisprudence to property rights, thus eradicating laissez faire.

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

• Not a prohibition of divorce• Family: stable heterosexual relationship• Protects family from instrumentalization by the state• Unborn

o Not an assertion that the unborn is a legal persono Not an assertion that the life of the unborn is placed

exactly on the level of the life of the mother. o Overriding purpose is to prevent the State form

adopting the doctrine in Roe vs. Wade • Respect for life harmonizes with the abolition of the death

penalty and the ban on nuclear weapons

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Allan Pamis [email protected] 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

• Education: primary and natural right belongs to the parents. State has secondary and supporting role.

Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

• Does not repeal inequalities found in the Civil Code and jurisprudence

• Gives impetus to removal through statutes of existing inequalities

• General idea is for the law to ignore sex when it is not a relevant factor in determining rights and duties

• Not meant to ignore customs and traditions

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

• Provides an enforceable right

Oposa vs. FactoranRecognized Sec. 16 as conferring standing on minors to challenge the logging policies of the governmentAccepted concepts of inter-generational responsibility and justice

LLDA vs. Court of AppealsUpheld authority of LLDA to protect he inhabitants of the Laguna Lake area from pollution. Rejected local autonomy claim of local governments in the area.

Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster

patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

• Labor has primacy over the non-human factors of production

Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

• Guide to interpreting provisions on the national economy and patrimony. Any doubt must be resolved in favor of self-reliance and independence and in favor of Filipinos

Garcia vs. BOIIssue: Approval of transfer of site of petrochemical plant from Bataan to BatangasHeld: Overturned transfer and declared petrochemical industry essential to national interest

Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

Marine Radio Communications Association vs. ReyesSec. 20 is no more that an acknowledgement of he importance of private initiative in building the nation. Not a call of official abdication of duty to citizenry.

Section 21. The State shall promote comprehensive rural development and agrarian reform.

Comprehensive rural development encompasses a broad spectrum of social, economic, human, cultural, political and even industrial development.

Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

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Allan Pamis [email protected] 23. The State shall encourage non-governmental, community- based, or sectoral organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in nation-building.

Section 25. The State shall ensure the autonomy of local governments.

Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

• Purpose is to give substance to the desire for the equalization of political opportunities

• Definition of political dynasties left to legislature

Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE 6: LEGISLATIVE DEPARTMENT

Section 1: Legislative powerLegislative power is vested in the Congress of the

PhilippinesConsisting of a Senate and a House of RepresentativesExcept to the extent reserved to the People through initiative and referendum

Legislative power is the authority to make laws and to alter or repeal them.

Advantages of bicameralism:1. senate as training ground for national leaders2. senate has national perspective, house has municipal

perspective

3. careful study of legislation4. more independent of Executive branch

Advantages of unicameralism:1. simple and economic2. closer link to public because all members have a district

>Bicameralism won over unicameralism by 1 vote in the Convention

Original legislative power: possessed by the sovereign peopleDerivative legislative power: delegated to legislative bodies, subordinate to the original power of the people.

Constituent: power to amend or revise the Constitution Ordinary: power to pass ordinary laws

Limits on Legislative power: Substantive: limit contents of a lawProcedural: limit manner of passing laws

>Plenary: Congress may legislate on any subject matter provided that substantive and procedural limits in the Constitution are observed

>Congress may not pass irrepealable laws because this will limit the plenary power of future legislatures.

>Due to plenary power, legislative power cannot be delegated.

Despite non-delegatability of legislative power, many statutes have been passed creating administrative agencies and authorizing them to exercise vast regulatory powers. The rules and regulations they issue have the force of law. 2 theories that justify this:

1. A non-legislative body may be authorized to fill in the details of a statute.

2. Congress may pass contingent legislation, which leaves to another body the business of ascertaining the facts necessary to bring the law into actual operation.

Requirements of delegating law:

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Allan Pamis [email protected]. Law must be complete in itself (contain policy to be

implemented)2. Law must fix a sufficient standard for to which the delegate

must conform to.

Compania General de Tabacos de Filipinas v. Board of Public Utility Commissioners

“The true distinction is between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring authority or discretion as to its execution, to be exercised under and in pursuance of a law. The first cannot be done; to the latter no valid objection can be made.

Tatad v. Secretary of EnergyIssue: Is delegation of legislative power to the President and Secretary of Energy valid? Did Congress provide a determinate or determinable standard to guide the Executive branch in determining when to implement the full deregulation of the downstream oil industry?Held: YES. Oil deregulation law passed both the completeness and sufficient standard tests. Delegation of legislative power has become an inevitability in the light of the increasing complexity of the task of government. Thus, courts will bend as far back as possible to sustain the constitutionality of laws which are assailed as unduly delegating legislative powers.

Eastern Shipping Lines v POEAIssue: Does POEA resolution violate non-delegatablity of legislative power?Held: NO. Administrative bodies may implement the broad policies of a statute by issuing supplementary and implementing regulations as long as the law provides a sufficient standard. There is a valid delegation of power if the law passes the completeness test and the sufficient standard test.

Tablarin v GutierrezIssue: Does standard have to be written as part of the law?Held: Standard may be expressed or implied from policy and purpose of the act considered as a whole.

Free Telephone Workers Union v. Minister of LaborIssue: Does authority conferred on Minister of Labor partake of legislative power? (authority to assume jurisdiction over labor disputes and decide on them)Held: No. SC had more liberal approach to interpretation of non-delegatablity of legislative power. Power should be delegated when task cannot be performed by legislature because issues are highly technical or require continuous decision.

Cebu Oxygen & Acetylene Co v. Secretary DrilonIssue: Can implementing orders of the DOLE provide for prohibitions not included in the law it is implementing?Held: Administrative regulations should be in harmony with the provisions of the law, and cannot amend or add to the law.

People v. DacuycuyIssue: Can a judge impose a punishment if law does not provide a standard (law provided for an fixed fine or imprisonment as penalty. No term for imprisonment was stated)Held: NO. The penalty of imprisonment in this case is unconstitutional because the lack of a standard allows the judge to legislate.

Chiongbian v. OrbosIssue: May the President merge existing regions not included in the

ARMM Act?Held: YES. The President is granted these powers by other laws, within limits set by Congress.

Employees Confederation v. National Wages CommissionIssue: Is NWC allowed to fix minimum wage? Held: YES. Congress delegated this power to the NWC, within the limits set by law and the Constitution.

Solicitor General v. Metro Manila AuthorityIssue: Can MMA confiscate license plates, if this was not one of the sanctions included in the law?Held: NO. The MMA cannot impose sanctions that the law does not allow and in fact actually prohibits.

Penal rules:

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Allan Pamis [email protected] and regulations promulgated by administrative agencies pursuant to a valid delegating law have the force of law and violation may be punished as a penal offense. Necessary that violation be made a crime and penalty provided by the statute itself. Regulation must also be published.

Exceptions: 1. Local legislatures may be given executive power and vv. 2. Congress may delegate legislative power to the President in

times of war and other national emergency. 3. Legislative power exercised by the people through initiative

and referendum

Initiative and referendumPeople can directly propose or enact laws Approve or reject any law passed by Congress or local legislative body

>Purpose is to institutionalize “people power”>Provides a means which can be used if legislature is indifferent to the needs of the people

Garcia v ComelecIssue: Can a resolution be the subject of a referendum? (People wanted to reject resolution agreeing that Morong be included in the SBMA)Held: Any act, law or part thereof passed by Congress or local legislative body may be the subject of a referendum.

Section 2: SenateSenate is composed of 24 membersElected at large by the qualified voters of the Philippines As may be provided by law

Number of members of the senate may be increased or decreased only by constitutional amendment.

“As may be provided by law” refers to the manner of electing Senators.

Section 3: Qualifications Natural born citizen35 years old on the day of the electionAble to read and writeRegistered voterResident of the Philippines for not less than 2 years immediately preceding the day of the election

Age qualification must be possessed on the day the votes are cast, and not on the day of proclamation. Residence refers to domicile. Senator does not have to be physically present in the Philippines.

Section 4: Term of office6 years to commence, unless otherwise provided by law, at noon on the June 30.No senator can serve for more than 2 consecutive terms. Voluntary renunciation of the office is not considered an interruption to the full term.

A senator can run again 3 years after his second term has expired. Tenure is length of actual service in office. Term is length of service to which a senator is elected.

Section 5: House of Representatives(1) 250 members, unless otherwise fixed by lawElected from legislative districts apportionedamong the provinces, cities and the Metro Manila area in accordance with the number of their respective inhabitantson the basis of a uniform and progressive ratio

And those who, as provided by lawAre elected through the party list systemOf registered National, Regional and Sectoral parties or Organizations

(2) Party list representatives20% of the total number of representatives including those under the party list

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Allan Pamis [email protected] 3 terms after the ratification of the Constitution, half of these seats will be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and other sectors as may be provided by law, except for the religious sector.

(3) Each legislative district shall comprise, as far as practical, contiguous, compact, and adjacent territory. Each city with a population of at least 250,000 and each province shall have at least 1 representative

(4) Within 3 years following the return of every census, Congress will reapportion legislative districts based on the standards provided in this section.

3 kinds of Congressmen:1. District2. Party list3. Sectoral (only for 3 terms after ratification of Constitution)

Apportionment: underlying principle is the concept of equality of representation which is a basic principle of republicanism. One man’s vote should carry as much weight as the vote of every other man.

NO Gerrymandering: creation of representative districts out of separate portions of territory in order to favor a candidate

Courts have jurisdiction over apportionment to ensure that it observes constitutional mandate.

Tobias v. AbalosIssue: Is creation of new representative district constitutional? (creation of Mandaluyong city; municipality of San Juan became a separate district)Held: YES. By the law creating the highly urbanized city of Mandaluyong, both Manda and San Juan were recognized as separate representative districts even if no census was made. Present limit of 250 members of HRep is not absolute. Reapportionment of legislative districts may be made by a special law, such as the charter of a new city.

Mariano Jr v. COMELECIssue: Is law that created Makati City unconstitutional because it increased Makati’s legislative districts even if total population is only 450,000?Held: Cities with a population of 250,000 can have at least 1 representative.

Montejo v COMELECIssue: Can COMELEC move municipalities from one district to another? Held: NO. By the Ordinance appended to the 1987 Constitution, COMELEC has the power to make minor adjustments to the reapportionment of districts. COMELEC may adjust the members apportioned to a province out of which a new one was created. It cannot transfer one municipality from the district it is located in.

Party list representativesWith 250 members of Congress, 200 will be district representatives and 50 party list representatives.

RA 7941 parameters1. 20% allocation2. 2% threshold3. 3-seat limit per party4. proportional representation (additional seats in proportion to

their total number of votes)

Veterans Federation Party, et al v. COMELEC20% allocation: Not all seats must be filled (limit on maximum)2% threshold: guarantees winners have sufficient number of constituents deserving representation3-seat limit: absoluteMethod of allocating additional seats: Congress is vested with the power to define the mechanics of the party list system.

Ang Bagong Bayani, et al v. COMELECIssue: Can political parties participate in the party-list election?Held: YES if it represents a marginalized sector. Intent of the law is not to allow all associations to participate indiscriminately, but to limit participation to organizations representing the marginalized and underprivileged. Even the nominees must comply with this requirement. All 50 seats are reserved for the marginalized sectors, not just for 3 terms but forever.

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Section 6: QualificationsNatural-born citizen of the Philippines25 years old on day of electionAble to read and writeRegistered voter in the districtResident of the district for not less than 1 year before the election(Party list representatives exempt form residency requirement)

Natural-born citizen: those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.

Co v. HRETIssue: Is Co a natural-born citizen? (Mom was Filipino, Dad Chinese who gained Filipino citizenship when Co was 9 years old)Held: YES. Based on the Constitution, children of Filipino mothers who elect Filipino citizenship shall be deemed natural-born.

Bengzon v. CruzA Natural-born citizen who loses his citizenship by naturalization in another country but is later repatriated recovers his status of being a natural-born citizen and therefore is qualified to be a member of Congress.

Residence Qualifications:

Gallego v. Verra Residence is DOMICILE:

1. intention to reside in a fixed place2. personal presence in that place and conduct indicative of

such intentionTo acquire a domicile by choice:

1. residence or bodily presence in new locality2. intention to remain there3. intention to abandon the old domicileanimus non revertendi and animus manendi

The meaning of residence as found in the election law under the 1935 Constitution has been retained. Intent of the law in fixing a residence qualification is to exclude a stranger or newcomer.

Romualdez-Marcos v. COMELECIssue: Did Imelda satisfy residence requirement to run for representative of the First District of Leyte?Held: YES. Leyte had been her domicile of origin and that in all her life she had never lost it. If a person retains his domicile of origin, 1 year period is irrelevant because, by legal fiction, (wherever he may be) he is a resident of his domicile of origin. If a person re-establishes a previously abandoned domicile or acquires a new one, the 1 year requirement must be satisfied.

Aquino v. COMELECIssue: Did Aquino acquire new domicile in Makati?Held: NO. Aquino had not abandoned his Tarlac domicle. Even if he had, he had not fulfilled the 1 year requirement for Makati.

Domino v COMELECIssue: Did Domino acquire new domicile in Sarangani?Held: NO. Lease of house and 1 year residency not sufficient. To establish a new domicile of choice, personal presence must be coupled with conduct indicative of htat intention. Declared and probable intent to make it one’s home. Lease contract did not show permanency. Also, he registered as a voter in his old barangay in QC.

Section 7: Term of office3 years which will begin, unless otherwise provided by law, at noon on June 30 after the election3 consecutive term maximumVoluntary renunciation of the office is not considered an interruption to the full term

Dimaporo v. MitraIssue: Can the term of a Congressman be shortened?Held: Tenure, not term, is shortened based on the Omnibus Election code which provided that any elective official, whether national or local, running for any office other than the one he is holding (except for the President and Vice President) shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

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Allan Pamis [email protected]’s tenure was shortened based on his filing of candidacy for the position of Governor of the ARMM. SC held the law seeks to ensure that public officials serve out their term by discouraging them from running for another office.

Section 8: ElectionUnless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives is on the second Monday of May.

Codilla v. De VeneciaWhen the majority speaks and elects into office a candidate by giving him the highest number of votes cast in the election for the office, no one can be declared elected in his place.

Section 9: Special ElectionIn case of vacancy in the Senate or in the House of Representatives,A special election may be called to fill such a vacancy in the manner prescribed by lawPerson thus elected will serve only for the unexpired term

Tolentino v COMELECIssue: Validity of special election to elect a Senator to serve the unexpired term of Sec. Guingona?Held: Special election is valid based on RA 6645 “In case a vacancy arises in the Senate at least 18 months OR in the House of Representatives at least 1 year before the next regular election for Members of Congress, the COMELEC, upon receipt of a resolution of the House/Senate certifying that the vacancy exists and calling for a special election, shall hold a special election to fill such vacancy”

Section 10: Salaries and CompensationSalaries of Senators and Members of the House of Representatives is determined by law. No increase will take effect until after the expiration of the full term of all the members of the Senate and House of Representatives who approved such increase.

This provision is a legal bar to the legislators yielding to the natural temptation to increase their salaries.

Office and travel allowances do not form part of the salary or compensation; increases can take effect immediately. There is no legal limit to these amounts. The only limit is moral.

Section 11: While Congress is in session, A senator or congressman is immune from arrest for all offenses punishable by not more than 6 years imprisonment. No member can be questioned or held liable in any other place For any speech or debate in the Congress or in any of its committees

Recess: only at the end of session or long holidaysEvenings and weekends not counted as recess

Immunity from arrest is to protect legislator from harassment that will keep him away from legislative sessions.

People v. JalosjosMembers of Congress are not exempt from detention for crime. They may be arrested for crimes punishable by more than 6 years imprisonment, even while Congress is in session. There is no basis for treating them differently from other prisoners.

Privilege of speech

Protection against forums other than Congress itself. Members still subject to disciplinary measures of Congress.Absolute protection against suits for libel

Includes utterances made in the performance of official functions. It is not necessary that Congress be in session. What is essential is that the utterance must constitute legislative action. This privilege extends to agents of the Members, provided that they assist the legislator in the performance of legislative action (Gravel v. US)

Jimenez v CabangbangIssue: Can a Congressman be charged for libel based on an open letter published in newspapers?

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Allan Pamis [email protected]: YES. Communication is not absolutely privileged. Congressmen can be charged for acts done outside their official duty.

Antonino v. ValenciaCharges made by a Senator with Senate Committees covered by privilege of speech.

Section 12: Full disclosure All members of the Senate and the House of Representatives will, upon their assumption of office, make a full disclosure of their financial and business interests. They must notify the house concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Does not prevent legislator from filing self-benefiting legislation. This only requires him to inform the House of the conflict.

Section 13: Other OfficesNo Senator or Member of the House of Representatives may hold any other office or employment in the government, or any subdivision, agency or instrumentality thereof, including government owned and controlled corporations or their subsidiaries, During his term without forfeiting his seat. Neither can he be appointed to any office which may have been created or the emoluments thereof increased during his term.

He may be appointed after his term ends. He must resign his seat in order to accept another position in government.

Section 14: Counsel/Financial interestNo Senator or Member of the House of Representatives may personally appear as counsel before any court of justice, electoral tribunal, quasi-judicial, or other administrative body.He should not, directly or indirectly, be interested financially in any contract, franchise, special privilege

granted by the government, agency, subdivision, instrumentality including government-owned or controlled corporations, or its subsidiary during his term of office. He should not intervene in any matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office.

Puyat v. De GuzmanAn Assemblyman cannot act as counsel, or intervene in a government proceeding by buying shares in the shares in a company.

Pecuniary benefit may be direct or indirect, prohibition covers benefit for relatives.

Section 15: Sessions of CongressConvene every year on the 4th Monday of July for its regular session, unless a different date is fixed by law. Session will continue for such as number of days as it may determineUntil 30 days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

Section 15: Election of Leaders(1)The Senate shall elect its President, and the House of Representative its SpeakerBy majority vote of all its respective membersEach house shall choose such other officers as it may deem necessary.

(2) A majority of each house shall constitute a quorum to do businessbut a smaller number may adjourn from day to day The house may compel attendance of absent members in the manner and under penalties it may provide.

(3) Each house determines the rules of its proceedings, punishes its members for disorderly conduct, and with the concurrence of 2/3 of all its members, suspend or expel a member. A penalty of suspension shall not exceed 60 days.

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Allan Pamis [email protected](4) Each house shall keep a journal of its proceedings, and from time to time publish the sameExcept such parts that, in its judgment, affect national security.The Yeas and Nays on any question shall, at the request of 1/5 of the members present, be entered into the journal. Each house shall also keep a record of its proceedings.

(5) Neither house during the sessions of the congress shall, without the consent of the other, adjourn for more than 3 days, nor to any other place than that in which the 2 houses shall be sitting.

Record: verbatim notes of discussionJournal: summary of proceedings

Avelino v. CuencoInitially, SC refused to assume jurisdiction over whether 12 senators could elect a new President (out of 24 senators, 1 was in the US and 1 in the hospital). They held that the question was political in nature. Dissents: Moran – question of quorum is a constitutional in nature. With the conflict remaining unsettled, laws passed by Senate would be open to doubt. Tuason -- SC has the power to ascertain whether President is holding office according to law or the Constitution. Perfecto – Senate must follow Constitution and its own internal rulesBriones – besides justicability, another ground for courts to take cognizance of a case is extreme necessityIn reconsideration of the case, SC decided to assume jurisdiction in the light of subsequent events which justify its intervention. They held that the Presidency could not be taken away from Avelino because the opposition did not constitute a majority, defined as more than half.

Santiago v. GuingonaIssue: Definition of minorityHeld: No law says that the defeated candidate will automatically become the minority leader. “It is well within the power and jurisdiction of this court to inquire whether the Senate or its officials

committed a violation of the Constitution or gravely abused their discretion in the exercise of their functions and prerogatives”

Internal discipline

Osmena v PendatunThe house is the judge of what constitutes disorderly behavior and can subject its members to disciplinary action.

Paredes Jr. v SandiganbayanIssue: Can the Sandiganbayan order the preventive suspension of a Congressman due to acts committed before his term?Held: Section 16 only provides immunity for acts committed as a member of Congress.

Journals & Enrolled Bill

US v PonsCourt may decline to go behind the journals so as not to interfere with the legitimate powers and functions of the legislature.

Arroyo v. De VeneciaEnrolled bill doctrine: The signing of a bill by the Speaker of the H and the President of the S and the certification by the secretaries of both houses that such bill was passed are conclusive of its due enactment.

Casco Philippine Chemical Co v GimenezEnrolled bill is conclusive upon courts regarding the law passed by Congress and approved by the President. This is based on respect due to a coequal and independent department.

Astorga v. VillegasIssue: Attempt to compel Mayor Villegas to comply with RA 4065

even Congress declared that the wrong bill had been signed into law

Held: SC declared that the law was not duly enacted because both the President of the Senate and the President withdrew their signatures.

Purpose of a journal

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Allan Pamis [email protected]. insure publicity to the proceedings of the legislature, ad a

correspondent responsibility of members to their constitutents

2. provide proof of what actually happened in the legislature

Section 17: Electoral TribunalThe Senate and the House of Representatives shall each have an Electoral TribunalWhich shall be the sole judge of all contests relating to the election, returns and qualifications of their respective members. Each electoral tribunal shall be composed of 9 members: 3 Justices of the SC (to be designated by the CJ) and 6 members of the House who shall be chosen on the basis of proportional representation from the political parties and the party-list organizations. The senior Justice in the Electoral Tribunal shall be its chairman.

Composition reflects the respect for parliamentary sovereignty and the need for legal impartial decisions. ET only gains jurisdiction over a case when a losing party files an election contest, after the proclamation of the winner by the COMELECDecisions of the ET subject to SC review only if ET in grave abuse of discretion amounting to lack or excess of jurisdiction.

Pimentel v. HRETIssue: Can the SC order House to reconfigure the HRET to include representatives from the party-list organizations?Held: No. Recourse is with the House. Petition does not show that the House prevented the party-list groups from participating in the election of the members of the HRET and the CA.

Angara v Electoral CommissionElectoral Commission may promulgate rules necessary for the exercise of its exclusive power to judge all election contests. The Assembly may not interfere with the EC. The power of the Assembly to defer the oath-taking of a member has been retained.

Vera v. AvelinoEC does not have all the functions of the Assembly on the subject of election and qualifications of members. Election contest relates

to “statutory contests in which the contestant seeks not only to oust the intruder, but also to have himself inducted into office”In cases where no defeated candidate challenges the winner, the legislative body itself in the exercise of its inherent right of preservation, may inquire into the credentials of the member and judge his qualifications.

Sanchez v. COMELECPre-proclamation controversies should be summarily decided, consistent with the law’s desire that canvass and proclamation be as quick as possible. COMELEC has jurisdiction only over incomplete returns, returns with material defects, tampered returns, or returns with discrepancies credited to any candidate which will affect the results. All other questions should be brought before the Electoral Tribunal.

Chavez v. COMELECIdentical result as Sanchez v COMELEC. No pre-proclamation controversies were allowed for the election of the President, VP, Senators, and Representatives except in the case of manifest errors in the certificate of canvass or election returns. Errors which cannot be verified except by opening the ballot boxes are not manifest errors. Proper remedy is recourse to the ET.

Robles v HRETJudicial review of decisions or final resolutions of the ET is possible only in the exercise of the Court’s extraordinary jurisdiction.

Abbas et al v. Senate Electoral TribunalIssue: Can the Electoral Tribunal function if all the Senator-members have been disqualified? Held: NO. ET cannot function. No amendment of its rules can allow the 3 Justices to decide a case.

Sandoval v HRETIssue: Validity of substituted service of summonsHeld: Summons not valid, Sandoval must be given a chance to defend his seat. HRET must admit his counter-affidavit into the records.

Guerrero v COMELEC“Qualifications” are not only the ones enumerated in the Constitution. The HRET has jurisdiction even over the qualifications

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Allan Pamis [email protected] the Omnibus Election Code (certificate of candidacy, valid substitution) as the sole judge of election contests.

Garcia v. AngpingHRET procedures must be strictly followed if they are to obtain their objective: the speedy and orderly determination of the true will of the electorate. Imperative justice requires the proper observance of technicalities.

Lazatin v. COMELECSC will not take cognizance of COMELEC’s withdrawing of his proclamation. The ET remains the sole judge of all election contests after proclamation.

Lazatin v. HRETIssue: Application of HRET rules over Omnibus Election Code RulesHeld: Rule-making power of the ET flows from the general power granted by the Constitution. Election Code Rules apply only to cases filed before COMELEC.

Bondoc v. PinedaIssue: Can a political party manipulate ET decisions by substituting nominees?Held: NO. The expulsion of the member impairs the Tribunal’s prerogative to be the sole judge of election contests.

Lerias v HRETIssue: Can the ET make a decision contrary to evidence?Held: NO. The ET in doing so is in grave abuse of discretion which allows the SC to step in and reverse the decision.

Arroyo v. HRETConstitutional history demonstrates that the SC has been consistent in reviewing decisions and orders of the ET on a showing of grave abuse of discretion. Dissent of Padilla: Petitioners allegations of bias and oppression due to political considerations are outside the authority and duty of the SC. This Court should be forever detached from the Machiavellian world of politics.

Section 18: Commission on AppointmentsPresident of the Senate as ex-offico chairman12 Senators, 12 members of the House of Representative

Elected by each house on the basis of proportional representation From the political parties or party-list organizations. Chairman of the Commission shall not vote, except in case of a tie. CA will act on all appointments submitted to it within 30 session days from their submission. The CA shall rule by a majority vote of all its members.

CA is a legislative check to the appointing authority of the president.

Daza v. SingsonIssue: Does the situation present a political question? Can the formation of the LDP affect the composition of the CA?Held: Not a political question because the issue is one of legality not wisdom. The constitution does not require that the political parties be registered. Constitutional intent is that the CA reflect political alignments, and changes in the CA may be made at any time.

Coseteng v. MitraIssue: Can temporary coalitions be the basis for a seat in the CA?Held: NO. Temporary coalitions and factions are not political parties and must be ignored.

Guingona, Jr. v. GonzalesIssue: Rounding up to obtain more CA seatsHeld: Rounding up cannot be done. Neither can small parties form a unity for purposes of obtaining a seat in the CA. By the SC’s calculations, the result would be that the Senate would only have 11 members in the CA. SC ruled that full complement of 12 is not mandatory.

Section 19: The ET and the CA shall be constituted within 30 days after the Congress shall have been organized with the election of the President and the Speaker. The CA shall meet only when Congress is in session, at the call of its chairman or a majority of its members, to discharge such powers and functions as are herein conferred upon it.

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Allan Pamis [email protected] appointments: made before Congress is not in session. Effective immediately but subject to CA review. Acting appointments: made when Congress is in session. Appointees are removable anytime.

>30 day rule is meant to prevent CA from freezing appointments. >Commission must decide by majority vote. Dissent of 1 member should not block action. >CA can meet only when Congress is in session.

Section 20:The records and books of Congress shall be preserved and open to the public in accordance with law, 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.

Petition for mandamus: compel Congress to show records.

Section 21: The Senate or the House of Representatives or any of its respective committeesMay conduct inquiries in aid of legislation in accordance with duly published procedure. The rights of such persons appearing in or affected by such inquiries shall be respected.

Inquiries does not have to be directly related to a bill being filed. They may or may not lead to legislation.

Rights of persons refer to those found in the Bill of Rights, since all governmental action must be exercised subject to constitutional limitations.

Power to commit a witness for contempt ceases to exist upon Congress’ final adjournment.

Negros Oriental II Electric Cooperative v. Sangguniang Panlungsod

Issue: Can local legislative bodies conduct inquiries in aid of legislation and compel people to appear?

Held: NO. Power of local legislatures is delegated. It is beyond the jurisdiction of the SP to inquire into the compliance with the franchise of NORECO II.

Arnault v. NazarenoSC held that the legislative body possessed the contempt power as a means of preserving its authority and dignity.

Bengzon, Jr. v. Senate Blue Ribbon CommitteeCourt ruled that the investigation was not in aid of legislation because the speech of Sen. Enrile contained no suggestion of contemplated legislation but pointed to the need to determine whether President Aquino’s relatives violated the law. To allow the investigation to continue would violate separation of powers. Dissent: Gutierrez – SC is encroaching on power of Congress by prohibiting them from exercising a constitutionally vested function. The SC has no power to second-guess the motives of legislators.

Section 22:Heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each house shall provideAppear before and be heard by such house on any matter pertaining to their departments. Written questions shall be submitted to the President or the Speaker at least 3 days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the state or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

Appearance of department heads is voluntary. They cannot be compelled to appear; neither may they impose their appearance upon either House. Acts of secretaries presumed to be acts of President. executive privilege

Section 23: War & Emergency Powers

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Allan Pamis [email protected](1) Congress, by a vote of 2/3 of both houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.

War: armed hostilities between 2 statesAfter declaration of war, conflict is governed by international law (Geneva Conventions)“The president was bound to meet war in the shape it presented itself, without waiting for Congress to baptize it with a name; and no name given to it by him or them could change the fact”

(2) In times of war or other national emergency, Congress may by law authorize the President for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of congress, such power shall cease upon the next adjournment thereof.

Exception to non-delegatablity of legislative power.

Section 24: AppropriationAll appropriation, revenue or tariff bills, bills authorizing the increase of public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Rationale: House in closer contact will people; will have clearer picture of needsSenate may partially or totally amend bill from House.

>The bill must originate from the House. The law which is the product of the total bicameral legislative process originates not just from the House but from both Senate and House.

Section 25: (1) Congress may not increase the appropriations recommended by the President for the operation of the government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

Only covers increases in the budget of the Executive department. Congress may increase the budget of the Legislature and Judiciary.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

Rider: provision unrelated to the appropriations bill.

(3) The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the national treasurer, or to be raised by a corresponding revenue proposal therein.

(5) No law shall be passed authorizing any transfer of appropriations; However, the President, President of the Senate, Speaker of the House, CJ of the Supreme Court, and the Heads of Constitutional Commissions may, BY LAW, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the General Appropriations Bill for the ensuing fiscal year, the General Appropriations Law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the General Appropriations Bill is passed by Congress.

Garcia v. Mata

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Allan Pamis [email protected] on Reserve Officers of the AFP contained in the General Appropriations Law are invalid because they violate the provision on riders. “Being unconstitutional, it confers no right and affords no protection”.

Demetria v. AlbaPD 1177 unconstitutional because it allowed the President to 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.

Section 26:(1) Every bill passed by Congress shall embrace only 1 subject which shall be expressed in the title thereof. (2) No bill passed by either house shall become a law unless

- it has passed 3 readings on separate days- printed copies of its final form have been

distributed to its members 3 days before its passage

Except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the journal .

Farinas et al v. Executive SecretaryIssue: Do the provisions in the “Fair Election Act” repealing Omnibus Election Code (on ipso facto resignation of elected officials upon filing of certificate of candidacy for another position) violate 1-bill 1-subject rule?Held: No. Constitutional provisions relating to the subject matter and titles of statutes should be liberally construed so as not to impede the power of legislation.

Tio v. Videogram Regulatory BoardThe 1-bill 1-subject rule is satisfied if the title is comprehensive enough to include all subjects related to the general purpose of the law. Taxation is sufficiently related to the regulation of the video industry.

Phil Judges Association v Prado

Title of “Act Creating the Philippine Postal Corporation…” sufficiently broad to cover removal of franking privileges of the judiciary. But the provision on the removal of franking was declared unconstitutional on equal protection grounds.

Tan v. Del RosarioArticle 6, Section 26 (1) has been envisioned to - prevent log-rolling legislation intended to unite the members of the legislature who favor any one of unrelated subjects in the support of the whole act- avoid surprises and fraud upon the legislature- fairly apprise the people of the subjects of legislation

Tolentino v. Secretary of Finance (opposition to VAT law)(1) Not in violation of Art 6 Sec 24 (all taxation bills must originate in the House) – Senate is allowed to substitute their version of a bill. (2) Not in violation of Art 6 Sec 26-2 (1 bill 1 subject) – title of law covers contents (3) Judicial inquiry on the manner the bill was passed beyond those prescribed by the Constitution is precluded by the principle of separation of powers. (4) Rushed passage of bill resulted from certification of President because of a growing budget deficit.

Section 27:Every bill passed by Congress shall, before it becomes a law, be presented to the President.

- if he approves the same, he shall sign it- otherwise he shall veto it and return the same with his objections to the house where it originated, which shall enter the objections at large in its journal and proceed to reconsider it. -if after such reconsideration, 2/3 of the house shall agree to pass the bill, it shall be sent, together with the objections, to the other house by which it shall likewise be reconsidered, and if approved by 2/3 of that house, it shall become a law. In all such cases, the votes of each house shall be determined by yeas or nays and the name of the members voting for or against shall be entered in its journal. -the President shall communicate his veto of any bill to the house where it originated within 30 days of

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Allan Pamis [email protected] thereof; otherwise it shall become a law as if he had signed it. - the President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the items to which he does not object.

Appropriation bills: Item: Sum of money + purposeRevenue bills: Item: Subject + rate of tax>Items must be separable from the rest of the bill.

>For non-money bills, veto must be complete; no line veto

Conference Committee: extra-constitutional creation of Congress whose function is to propose to Congress ways of reconciling conflicting versions of a bill.

Commissioner of Internal Revenue v. Court of Tax AppealsIssue: Court upheld President’s veto of item in Omnibus tax law imposing tax on restaurants located in hotels, motels, or rest houses. Item does not refer to the whole section, but only to a subject and rate of tax.

Gonzales v. MacaraigMarks the SC’s acceptance of “doctrine of inappropriate provisions” or that a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item. In this case, the President vetoed provisions in the 1989 and 1990 that stopped her from restoring or increasing appropriations removed or reduced by Congress.

Arroyo et al v De VeneciaWhat is alleged to have been violated in the passing of RA 8240 imposing sin taxes are merely internal rules of procedure of the House and not the constitutional requirements for enacting a law (Art 6, Sec 26-27)

Philconsa v. EnriquezThe essence of a veto rule is that the President may veto distinct and severable parts. SC invalidated vetoes of restrictions on the use of funds for road maintenance and purchase of medicines since

the veto did not include a veto of the appropriated funds themselves.

Section 28(1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the government. (3) Charitable institutions, churches or convents, mosques, non-profit cemeteries, and all lands, building and improvements actually, directly and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation>Exemption only from property tax>Test is on use: must be actually, directly and exclusively used for stated purposes(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the members of Congress.

Purpose of tax: 1. raise revenue2. instrument of national economic and social policy3. tool for regulation4. protection of local industry

Power to tax exists for the general welfare should be exercised only for a public purpose

Uniform tax 1. operates with the same force and effect in every place

where the subject of it is found2. equivalent to the requirement of a valid classification

Progressive rate increases as tax base increases

Systems Plus Computer College v. Caloocan City

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Allan Pamis [email protected] of exemption from taxation rests upon the theory that an exemption will benefit the body of people, and not upon any idea of lessening the burden of an individual or corporate owner.

BIR Commissioner v. YMCACourt will always apply the doctrine of strict interpretation in construing tax exemptions because taxes are the lifeblood of the nation.

BIR Commissioner v. Santos It is inherent in the power to tax that the state be free to select the subjects of taxation and it has been repeatedly held that inequalities infringe no constitutional limitation.

John Hay Peoples Alternative Coalition v. Victor Lim, et alTax exemption cannot be granted by Executive Order. Neither can a tax exemption granted by law to one area be extended to another by EO

Garcia v. Executive SecretaryIssue: Can the President impose additional ad-valorem taxes on all imported articles?Held: YES. There is explicit constitutional permission for Congress to authorize the President “subject to limitations and restrictions” to fix within specific limits tariff rates and other duties or imposts. The relevant Law is the Tariff and Customs Code of the Philippines.

Central Mindanao University v. DARThe meaning of “exclusively”, which covers not just what is indispensable but also what is incidental and reasonably necessary, affects the meaning of the words “actually” and “directly”. The SC took into account future land needs of the University in exempting its area from CARP.

Section 29:(1) No money shall be paid out of the treasury except in pursuance of an appropriation made by law. Congress as the guardian of the public treasury(2) No public money or property shall be appropriated, applied, paid or employed, directly or indirectly, for the use, benefit or support of any religious sect, church, denomination or institution or any priest, minister, teacher or dignitary

Except when such person is assigned to the Armed Forces, penal institution, government orphanage, or leprosarium. (3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance shall be transferred to the general funds of the government.

Guingona v. Carague (questioning auto appropriation for debt service based on PD)Issue: Appropriation bills must originate in the House (Sec 24) and there must be definiteness, certainty and exactness in the appropriation. Held: Appropriation laws enacted before the Constitution was effective (PD and EO) not covered. The provisions refer to bills still to be passed by Congress. PD gave sufficient rules to determine amount to be appropriated.

Philconsa v. EnriquezCDF (pork barrel) allowed Congress to identify projects but their power was merely recommendatory to the President who could approve or disapprove the recommendation.

Osmena v Orbos (OPSF Trust Account)What is involved here is not so much the power of taxation as police power. Although the provision authorizing the ERB to impose additional amounts could be construed to refer to the power of taxation, the overriding consideration is not to raise the revenue but to enable the ERB to act quickly to carry out the objectives of the law and protect consumers form the constant fluctuation of oil prices (police power).

Section 30:No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

Gives the SC a measure of control over cases placed under its appellate jurisdiction. Otherwise, the indiscriminate enactment of legislation enlarging its appellate jurisdiction would unnecessarily burden the Court.

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Fabian v. DesiertoRA 6770 cannot validly authorize an appeal to the Supreme Court from decisions of the Office of the Ombudsman in administrative disciplinary cases. This violates Sec. 30.

Section 31:No law granting a title of royalty or nobility shall be enacted

No ban on Filipinos accepting titles enacted by other States.

Section 32:The Congress shall, as early as possible, provide for a system of initiative and referendum and the exceptions therefrom Whereby the people can directly propose and enact laws or approve or reject and act, law or part thereof passed by Congress of local legislative body

After the registration of a petition signed by at least 10% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters thereof.

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CONSTITUTIONAL LAW 1: MIDTERMS REVIEWER

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Transcript of CONSTITUTIONAL LAW 1: MIDTERMS REVIEWER