I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 1 ARTICLE VII: LEGISLATIVE DEPARTMENT: SECTION 1: Legislative power shall be vested in the Congress which is a BICAMERAL body consists of: 1.Senate elected by the nation at large. 2.House of Representatives elected by the districts. Legislative power is also vested through: 1.Initiative and 2.Referendum of the People Legislative power- authority to make laws, alter and repeal them. -A derivative and delegated power by the people to the Congress. -It is plenary meaning congress may pass any subject matters. Two kinds of limitations in Legislative power: -Substantive limits which is to prevent curtailment of the contents of the law. -Procedural limits which is to prevent the curtailment of manner of passing laws. Principle of non- delegability of legislative power (Delegata protestas non potest delagari): -Congress alone can make laws and Congress may not delegate its law making power. -Cannot pass irrepealable laws. Exceptions: 1.Immemorial practice- local govt may be allowed to legislate on purely local matters (Rubi v Rosenthal) 2.Constitution itself in specific instances allows the delegation of legislative power ex: in times of war, delegation to the President to make laws. **administrative agency is not law-making but law-execution since they can promulgate supplementary rules or filling up the details for proper execution of laws because of the growing complexity of modern society for regulation of its ramified activities and they can deal with problems with expertise and specialization. (Relate it to PITC v Angeles; Compania General de tabacos v Board of Public Utility). They have the force of Law. Qualities of delegating law to ensure that the power delegated is not law-making: a.Complete in itself- set forth the policy to be implemented. b.Fix a standard- limits are sufficiently determinable. Separation of Powers: -Means that legislation belongs to Congress, execution to the legislative, and settlement of legal controversies to the judiciary. Checks and Balances: -In general, no one department is able to act without the cooperation of at least one department. Purpose of Separation of Powers and Checks and Balances: I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 2 -To prevent concentration of powers in one dept. and avoid tyranny. Initiative and Referendum (in connection to Sec. 32) -Power of the people to directly propose and enact laws or approve and reject any act or law of part of it passed by the Congress or Local Legislative body. -Purpose of Initiative and Referendum is PEOPLE POWER which can be used when there are indifferences to the needs of the people to the law passed. SECTION 2: The Senate shall be composed of 24 Senators. -Senators are elected at large unless provided by law (the number of the senators cannot be changed, what can be changed is the manner of election). SECTION 3: QUALIFICATION OF A SENATOR: No person shall be a Senator UNLESS: a.Natural-born citizen. b.On the day of election, he is at least 35 yrs old. c.Able to read and write. d.Registered voter. e.Resident of the Philippines for not less than 2 yrs immediately before the day of election. SECTION 4: TERMS OF OFFICE OF SENATORS: 1.Shall be SIX YEARS and shall commence, unless otherwise provided by law, at noon on the 13th day of June following their election. 2.No senator shall serve for MORE than TWO CONSECUTIVE terms. Voluntary renunciation of the office at any length in time shall not be considered as an interruption in the continuity of service for the full term for which he was elected. -Senators may run again after two consecutive years provided that he must wait 3 yrs or more after the expiration of his second term. SECTION 5: HOUSE OF REPRESENTATIVES: a.Composed of not more than 250 members unless otherwise fixed by law. b.Elected from legislative districtsc.Elected through a party-list system Two kinds of representatives: 1.District representatives 2.Party list representatives **sectoral representatives will last only for 3 consecutive terms after the ratification of the 1987 Constitution since the reason for it is to organize themselves to compete with other party groups. Principle of Apportionment- is the concept of equality of representation which is the basic principle republicanism. RULES in apportionment found in Sec. 5: I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 3 1.Shall be apportioned among provinces, cities, and metropolitan Manila area in accordance with the number of their respective inhabitant, and on the basis of a uniform and progressive ratio. 2.Each legislative district shall comprise as far as practicable, contiguous, compact and adjacent territory. 3.Each city with a population of at least 250,000 shall have at least 1 representative. 4.Within 3 yrs ff. the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. **Only Congress can create provinces and cities because the creation of them necessarily includes the creation of legislative districts accdg. to Sect. 5 Art VI of the Constitution which the Congress based on Census. Rules in Party-list system: 1.Registered through national, regional, and sectoral parties or organizations. 2.Constitutes 20% of the total no. of representatives including those under the party list. Purpose of Party-list: to democratize political power by encouraging the growth of a multi-party system. SECTIO 6: QUALIFICATIONS OF MEMBER OF House of Representatives No person shall be a member of the House of Representatives unless: a.Natural-born citizen. b.On the day of election, he is at least 25 yrs old. c.Able to read and write. d.Registered voter (except for the party-list system) in the district which he shall be elected. e.Resident of the Philippines for not less than 1 yr immediately before the day of election. Ang Bagong Bayani et., al. v COMELEC- added the requirement that party-list nominees must represent marginalized and underrepresented sectors. Bengzon v Cruz- a natural born citizen who loses his citizenship by naturalization in another country later is repatriated recovers his status of being a natural-born citizen and therefore is qualified to be a member of the Congress. **the Constitution does not use the word domiciled but resident. But in Romualdez-Marcos v COMELEC- what is required is not just temporary residence but domicile as defined in jurisprudence. Residence- a place of abode whether permanent or temporary. Domicile- a permanent residence to which one, when absent, has the intention to return. Requisites to acquire domicile by choice: 1. Residence or bodily presence in the new locality 2. Intention to remain there. 3. Intention to abandon the old domicile. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 4 **Enumeration of qualifications in Sec. 6 is exclusive, Congress may not add anything to it. (relate it to Maquerra v Borra) SECTION 7: TERMS OF OFFICE OF HOUSE OF REPRESENTATIVES: 1.Shall be THREE YEARS and shall commence at noon on the 13th day of June following their election unless otherwise provided by law. 2.No representative shall serve for MORE than THREE CONSECUTIVE terms. Voluntary renunciation of the office at any length in time shall not be considered as an interruption in the continuity of service for the full term for which he was elected. **The three year term set by the Constitution may not be changed by Congress. Term- period of time allotted to the office by law; Tenure- is the period during which the official actually holds office. SECTION 8: Unless otherwise provided by law, the regular election of the Senators and members of House of Representatives shall be held on the Second Monday of May. Unless otherwise provided by law:-The starting date of the term of House of Representatives may be changed by law. -Date of election can be changed (applies also to senate) SECTION 9: In case of vacancy in the Senate of in the House of Representatives: a.A special election may be called to fill such vacancy in the manner prescribed by law, but b.The Senator or member of the House of Representatives thus elected shall serve only for the unexpired portion. - If one is elected Representative to serve the unexpired term of another, that unexpired portion, no matter how short, will be considered one term for the purpose of computing the number of successive terms allowed. - Special election in case of vacancy has been left to the discretion of congress in the manner prescribed by law. SECTION 10:a.The salaries of Senators and Members of the House of Representatives shall be determined by law. b.No increase in the compensation shall take effect until after the expiration of the full term of ALL the Members of the Senate and House of Representatives approving such increase. Philconsa vs Gimenez- the law allows increase in salaries of congress, what is prohibited is the immediate effectivity of law allowing retirement gratuity and commutation of vacation and sick leave to the members of Congress until the full term of all the members of the Congress who approved the increase have expired. SECTION 11: PRIVILEGE FROM ARREST: A Senator or member of House of Representatives shall: I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 5 a.In all offenses punishable by not more than 6 YRS IMPRISONMENT, be privileged from arrest while in Congress is in session. b.Shall be not questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee. Purpose of privilege: to leave the legislator unimpeded in the performance of his duties and free from harassment from outside. People v Jalosjos A Congressman who has been convicted of rape and is in detention cannot claim that he should be freed bec. of popular sovereignty and the need of his constituents to be represented. -Members of Congress are not exempt from detention for crime. -They may be arrested even if the house is in session, for crimes punishable by penalty of more than six months. -No basis for treating him/her differently from other convicts. Meaning of immunity from liability in speech: a.The guarantee of immunity from answerability outside forum but not from answerability to the disciplinary authority of the Congress itself. b.The speech and debate must be one made in the Congress or its committee. **the action involved must be legislative action which refers to the participation in committee and House proceedings in the consideration of proposed legislation or of other matters that the Constitution places within the jurisdiction of the legislature. SECTION 12: All members of the Senate and House of Representatives shall: a.Upon assumption of office, make a full disclosure of their financial and business interests. b. Notify the House concerned of a potential conflict of interest that may arise from the filing of proposed legislation of which they are authors. **prohibition is only during the tenure, a legislator is not prevented from accepting any appointment. However, if he chooses to accept another office, eh automatically forfeits his seat in congress. SECTION 13: No Senator or member of House of Representatives may hold any other office or employment in: 1.The government or its: a.Subdivision b.Agency or c.Instrumentality. 2.Government owned; 3.controlled-corporations;a.its subsidiaries during his term without forfeiting his seat. He shall not be appointed to: a.Any office which may have been created; b.Emoluments increased during his term for which he was elected. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 6 SECTION 14: Prohibitions of Members of Congress Senator of member of House of Representatives may not: 1.Personally appear as counsel before any court of: a.Justice b.Electoral Tribunals c.Quasi-judiciald.Administrative bodies 2.Directly or indirectly interested: a.financially in any contract with or b.In any franchise, or c.Special privilege granted by the government its subdivision, agency, or instrumentality including government owned or controlled-corporations or its subsidiary 3.Intervene in any matter:a.before any office of the government for his pecuniary benefit; b.where he may be called upon to act on account of his office Purpose of the section: prevent members of Congress from taking advantage, pecuniary of their positions in their dealings with courts, or in their business operations or dealing with the government agencies or corporations. Puyat v De Guzman- prohibition even under the guise of appearing in intervention in ones behalf. SECTION 16: Sessions of Congress Regular Session: a.Convene every year on the 4th Monday of July (unless a different date is provided by law) b.Shall continue to be in session for such number of days as it may determine until 30 days before the opening of its next regular session (exclusive of Saturdays, Sundays, and Legal Holidays); Special Session- can be called by the President any time. (Has no fixed limit, and can lasts as long as the congress wants). SECTION 16: Par 1: Officers of Congress: a.Senate President b.Speaker of the House of Representatives Par 2: A quorum to do business: a.a majority of each house; b.a smaller number may adjourn from day to day; c.may compel attendance or may provide in any manner or penalties to absent members. Par 3: Internal Rules and Discipline: I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 7 a.May be determined by each House b.Punish its members for disorderly behavior c.May suspend or expel a member with the concurrence of 2/3s of all its members (provided that suspension shall not exceed 60 days). Par 4: Each House shall keep a Journal of its proceedings: a.From time to time publish the same but b.Excepting such parts based on its judgments that affect national security; c.At the request of 1/5 of the members present the yeas and nays on any question shall be entered in the journal. d.Shall keep a Record of its proceedings. Par 5: Recess: Neither House during the sessions of the Congress shall not without the consent of the other: a.Adjourn for more than 3 days; b.In any other place that in which the Two Houses shall be sitting. Manner of choosing/electing other officers not within the ambit of the constitution: Santiago v Guingona- in the absence of constitutional or statutory guidelines or specific rules, the Court is devoid to determine the legality of acts of Congress. -Court may not interfere with the internal affairs of the legislatures. Quorum- basis for computing the majority of the legislative body for the purpose of determining the existence of a quorum should normally be the total membership of the body. Internal Rules and Discipline - Osmena v Pendatun The House is the judge of what constitutes disorderly behavior because the Constitution has conferred the jurisdiction to them and the matter depends upon that the House knows best which the courts cannot adjudicate. **inherent in any legislative body is its power of internal regulation and discipline. Purpose of keeping a Journal: a.To insure publicity to the proceedings of the legislature and responsibility of the members to their respective constituents; b.Provide proof of what actually transpired in the legislature. Enrolled bill: - a duly authenticated copy of a bill or resolution bearing the signature of the Speaker and of the Senate President and the certification of the secretaries of both Houses that such bill was passed. - Conclusive to the courts/binding based on the respect due from the courts to a co-equal body, that a duly authenticated bill or resolution imports absolute verity and an official act of the legislature. Record of Proceedings- an abbreviated account of the daily proceedings which contains a word per word transcript of the deliberations of Congress. Recess: a.Compulsory recess- 30 days before the opening of the next regular session. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 8 b.May adjourn for a voluntary recess but neither House during the sessions of the Congress shall not without the consent of the other adjourn for more than 3 days and in any other place that in which the two Houses shall be sitting because the two Houses form part of one legislative body. SECTION 17: Electoral Tribunal: -Each have shall have its own tribunal. -Sole judge of all election contests returns, and qualifications of their respective members. Composition of Electoral Tribunal: a.Composed of 9 members -3 from justices in the Supreme Court; -6 from members of the Senate or House of Representatives. b.In choosing members from House of Representatives: -Chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list representatives. c.Senior Justice in the tribunal shall be its chairman. In election contests, the jurisdiction of the COMELEC ends once a candidate has been proclaimed and has taken oath of office as Member of Congress. Jurisdiction then, passes to the Electoral Tribunal. Tribunals are not part of either of House or Senate. They are independent constitutional creations which have the power to create their own rules and are not under the supervision or control of Congress. Suanes v Chief of Accountant: - Employees of an electoral tribunal are its own, and neither of the Senate nor the House, then the appointment and control of employees are rested wholly on it. - Since the functions of the tribunal is resolving problems for the senate, it is necessary that Appropriation for the Senate electoral tribunal is included in the budget for the Senate, SECTION 18: Commission on Appointments consists of: I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 9 -the Senate President* (as an ex-officio Chairman) -12 Senators -12 members of House** **Elected by each house on the basis of proportional representation from the political parties and parties or organizations registered under the party-list representatives. *The Chairman of the Commission shall not vote, except for a case of a tie. The Commission shall: -Act on all appointments submitted to it w/in 30 session days if Congress from their submission. -Rule by a majority vote of all Congress. SECTION 19: The Electoral Tribunal and the Commission on Appointments (COA) shall be constituted within 30 days after the Senate and House of Representatives have been organized with the election of its Speaker and President. COA- shall meet only while the Congress is in session at the call of its chairman or majority of its members to discharge its functions. -COA is formed through the instrumentality of the two houses of Congress but once the COA is formed, it is independent of Congress which can promulgate its own rules and the SC cannot pass upon the correctness of its own rules. Function of COA: -Is to consent to or confirm nominations or appointments submitted to it by the President pursuant to Art. VII, Section 16 which enumerates the appointment which needs action by the COA.-Intended as an administrative check on the appointing authority of the President. SECTION 20:Records and Books of Accounts shall be: a.Preserved and be open to the public in accordance with law; b.Audited by the COA which shall be published annually in itemized list of amounts paid to and expenses incurred for each member. SECTION 21:Limitations on the power of legislative investigation: a.In aid of legislation; b.In accordance with its duly published rules of procedure; c.The rights of persons appearing in or affected by such inquiries shall be respected. Purpose of legislative inquiry: Arnault v Nazareno A legislative body cannot legislate wisely or effectively in the absence of information respecting conditions which the legislation is intended to affect or change; and I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 10 where the legislative body does not itself possesses the requisite information which is not infrequently true- recourse must be had to others who do not possess it. To protect the rights of the witnesses, a duly published rule of procedure is required. Violation of these rules would be an offense against due process. Neri v Senate- A senate as an institution is continuing since it is not dissolved as an entity with each national election but in the conduct of its day to day business of each Congress acts separately and independently of the Senate of the Congress before it, thus, a published rules is needed. Right of witnesses in the legislative inquiry is in relation to the Bill of rights of unwarranted/unreasonable seizures and searches and demand due process of law. SECTION 22: The Heads of Departments may appear before and be heard by the House on any matter pertaining to their departments through: a.Their own initiative with the consent of the President; b.Request of either house as the rules of each House shall provide. Written questions shall be: a.Submitted to the Senate president or Speaker of the House at least 3 days before their scheduled appearance. b.Interpellations shall not be limited to it but may cover matter related to the questions. The appearance shall be conducted in executive session when: a.Security of the State or b.Public Interest requires; c.President states in writing. Two kinds of legislative inquiry: a.Question Hour- intended to serve not so much as an aid to legislation but as an instrument for keeping administration in line. b.In aid of legislation (Sec. 21 which is mandatory) Senate v Ermita- Anyone may be summoned except the President and Justices of the Supreme Court. **since the Department heads are alter egos of the President and separation of powers, they may not appear without the permission of the President. But only applies to Department heads and not to everyone who has cabinet rank. Section 22 establishes the rule for the exercise of what is called the oversight function of Congress which intended to enable the Congress to determine how laws it has passed are being implemented. SECTION 23: Par 1: Congress has the sole power to declare the existence of war by a vote of 2/3s of both Houses in joint assembly but voting separately. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 11 Par 2: Congress may, by law, authorize the President to exercise legislative power only in times of War or other national emergency but: a.For a limited period only; b.Subject to restrictions as Congress may prescribe; c.Necessary and proper to carry out a declared national policy d.Unless sooner withdrawn by the resolution of the Congress, such powers shall cease upon its next adjournment. War- defined as armed hostilities between two states. Art. II Sec. 2- renounces war as an instrument of National policy but not defensive war. The Constitution gives the legislature the power to declare the existence of a state of war ad to enact all measures to support war, the actual power TO MAKE WAR is lodged in the executive power. The executive power when necessary, may make war even in the absence of declaration of war by the Congress. Even a martial law situation does not allow the President to supplant the legislature, the authority which can be given by the legislature must be necessarily be a very limited one ad certainly not amounting to the legislatures abdication of power. Legislative power conferred to the President may be withdrawn by resolution and not necessary a statute because a resolution does not need approval of the President. When the Congress is not in session and unable to act in emergency situations, the President is stripped of his emergency powers. SECTION 24: Shall originate exclusively in the House of Representatives all the: a.Appropriations b.Revenue or Tariff bills c.Bills authorizing increase of the Public debt d.Bills of local application e.Private bills But the senate may propose or concur with amendments. Appropriations its purpose is to set aside a sum of money for public use. Revenue or Tariff bills for raising revenues or taxes. Bills of local application are those whose reach is limited to specific localities, such for an instance the creation of a town. Private bills affects private persons, such as a bill granting citizenship to a specific foreigner. Theory behind shall originate exclusively in the House of Representatives: a.District representatives are closer to the pulse of the people than senators; I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 12 b.They are in a better position to determine both the extent of the legal burden they are capable of bearing and the benefits they need. Tolentino v Sec. of Finance: Shall originate exclusively in the House of Representatives means simple that the House alone can initiate the passage of a revenue bill, if the House does not initiate, no revenue law shall be passed. Once the House has approved a revenue bill and passed on the Senate, the Senate can completely overhaul it, by amendment of parts or substitute it and come out with one completely different from what the House has approved. Senate are not bound to retain the essence of the bill which the House approved. It is the bill which should originate exclusively from House and not the law itself which is the product of both Houses. SECTION 25: Restrictions on the Power to Appropriate: Par 1: a.Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget.b.The form, content, and manner of preparation of budget shall be prescribed by law. Par 2: a.No provision or enactment shall be embraced in general appropriations bill unless it relates specifically to some particular item of appropriation, andb.every such provision shall be limited in its operation to the appropriation item to which it relates. Par 3: The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments or agencies. Par 4: A special appropriation shall: a.specify the purpose for which it is intended, andb.shall be supported by funds actually available as certified by the National Treasurer orc.to be raised by a corresponding revenue proposal. Par 5: a.No law shall be passed authorizing any transfer or appropriations; however,b.However the: -President,-Senate President, I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 13 -Speaker of the House,-Chief Justice of SC, and-Heads of Constitutional Commissions may by law be authorized to augment any item in general appropriations law for their respective offices from savings in other items of their respective appropriations. Par 6: Discretionary funds appropriated for particular officials shall: a.Be disbursed only for public purposes to be supported by appropriate vouchers, and b.Subject to guidelines as may be prescribed by law. Par 7: If at the end of any fiscal year, the Congress shall have failed to pass the General appropriations bill for ensuing fiscal year shall: a.Be deemed re-enacted b.Remain in force and effect until the general appropriations bill is passed by the Congress. Purpose of Par 1: to prevent big budget deficit. Par 2: Riders- provisions unrelated to the appropriation bill. Purpose of Par 5: to afford the different branches of the government considerable flexibility in the use of public funds and resources as may provide by law. - The power to appropriate is as broad as the power to tax. - Appropriations must be for the public purpose. SECTION 26: Par 1: every bill passed shall embrace only one subject which shall be expressed in its title. Par 2: Manner of Passing of law: a.Passed 3 readings in separate days; b.Printed copies has 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. In the last reading of the bill: a.No amendment shall be allowed b.Vote shall take immediately; c.Yeas and Nays entered in the journal. One subject rule is mandatory to: 1.Prevent hodge-podge or log-rolling legislation; 2.Prevent surprise or fraud upon the legislatures; 3.To fairly apprise the people to inquire into the body of the bill, study and take appropriate action if necessary. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 14 The Constitution does not require the Congress to employ in the title of an enactment language of such precision as to mirror, fully index or catalogue all the contents and minute of details. It suffices that the title should serve the purpose of the Constitutional demand that inform the legislators, and people interested of the nature, scope and limitations of the bill. Purpose of the last reading: to force legislators to take a deep breath before making the final plunge of approval. SECTION 27: Par 1: Every bill passed by the Congress shall before it becomes a law be: 1. Presented to the President.a. If he approves shall sign it b. If not veto it and return with his objections to the House where it originated. c. proceed to reconsider after the objections has been recorded in the journal. 2. 2/3s of all the members of the House shall agree to pass the bill, it shall be sent together with the objections, to the other house and after reconsiderations and 2/3s of its members agreed, bill shall become a law. 3. The President shall communicate his veto of any bill to the House where it originated after 30 days if not, it shall become a law as if he had signed it. Par 2: 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 item or items to which he does not object. Tanada v Tuvera- unless otherwise provided refers to the date of effectivity which can be changed and not the omission of publication because without publication, would offend due process because it would deny the public knowledge of laws that are supposed to govern them. Conference Committee extra-constitutional creation of Congress whose function is to propose to Congress ways of reconciling conflicting provisions found in the Senate version and House version of a bill. Their proposals need confirmation by the both Houses of Congress. Par 2: general rule is that if the President disapproves of a provision in a bill approved by Congress, he should veto the entire bill. He is not allowed to veto separate parts of a bill while retaining others. It is only in the case of appropriation, revenue, and tariff bills that he is authorized to exercise item-veto. An item in a bill is the particulars, the details, the distinct and separable parts of the bill. Doctrine of Inappropriate provisions- 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 which only the President can exercise. Another way of exercising executive veto is through impoundment. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 15 -It simply means refusal of the President to spend funds already allocated by Congress for a specific purpose. -The duty of the president to implement the law includes the duty to desist from implementing it when the implementation would prejudice public interest. SECTION 28: Par 1: Rule of taxation: a.Uniform b.Equitable c.Congress evolves a progressive system of taxation. Par 2: Congress may, by law, authorize the President within specified limits and subject to limitations and restrictions to fix: a.Tariff rates b.Import and export quotas c.Tonnage and wharfage dues d.Other duties or imposts within the framework of the national development program of the government. Par 3: The ff. institutions are exempted from taxation: a.Charities b.Churches and parsonages/convents c.Mosques d.Non-profit cemeteries e.Lands, buildings, and improvements used for charitable, religious or educational purposes. Par 4: Tax exemptions need the concurrence of all the members of the Congress. Power to tax is inherent power of government. Section 28 enumerates the limitations of inherent and almost unlimited power. The power to tax has been recognized as an instrument of national economic and social policy. It should exercise only for public purpose. Churchhill v Concepcion- uniformity in the Constitution does not signify an intrinsic, but simply a geographical uniformity.., a tax is uniform when it operates with the same force and effect in every place where the subject of it is found. Tan v del Rosario- Uniformity of taxation simply means: 1.Standards that are used are substantial and not arbitrary; 2.The categorization is germane to achieve legislative purpose 3.Law applies, all things equal, to both present and future conditions; 4.Classification applies equally well to all those belonging to the same class. Tax exemptions- must be for a public purpose, uniform and equitable, and in conformity with equal protection clause. Purpose of Tax exemptions: Charities- to enhance the service they are capable of giving. Religious property- ensure religious liberty. Educational institutions- for the sake of making quality education affordable to all. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 16 Elements to be considered to determine if the institution is a charity, educational or religious: a.Statute creating the enterprise b.Its corporate purpose c.Its constitution and by-laws d.Methods of administration e.Nature of actual work performed f.Character of the services rendered g.Indefiniteness of the beneficiaries h.Use and occupation of the properties SECTION 29:Par 1: No money shall be paid out of the treasury except in pursuance of an appropriation made by law. Par 2: No public money shall be: a.Appropriated, b.Applied, c.Paid, or d.Employed, directly or indirectly, For the use, benefit, or support of: a.Any sect, church, denomination or system of religion b.Secretarian institutionc.Priest, preacher, minister or other religious teacher or dignitary Except when such priest, preacher, minister or dignitary is assigned to the Armed Forces, or to any penal institution, or government orphanage or leprosarium. Par 3: All money collected on any tax levied for a special purpose shall: a.Be treated as a special fund and paid out for such purpose only. b.If its purpose has been fulfilled or abandoned, the BALANCE, if any, shall be TRANSFERRED TO the general funds of the GOVERNMENT. Congress alone can authorize the expenditure of public funds through its power to appropriate. The power to appropriate carries with it the power to specify not just the amount that may be spent but also its purpose. After the congress has made the appropriation, it is the executive that actually spends the fund. SECTION 30: No law shall be passed INCREASING the APPELATE jurisdiction of the Supreme Court as provided in this Constitution WITHOUT its ADVICE and CONCURRENCE. In relation to Sec. 2 Art. VIII which gives the Congress the power to apportion jurisdiction of courts. Thus, Congress is free to add to or subtract from the powers of the courts except insofar as these has been fixed by the Constitution. Increasing the jurisdiction of the SC needs advice and concurrence of the Court. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 17 SECTION 31: No law granting a title of royalty or nobility shall be enacted. SECTION 32: Power of Initiative and referendum where the people: a.can directly propose andb.enact laws orc.approve or reject any law or part of it which was passed by the Congress or local legislative body Requirements of Initiative and referendum: a.The Congress shall, as early as possible, provide for a system of initiative and referendum, andb.Provide for their exceptionsc.Registered petition of rejection/propose laws signed by at least 10% of the total number or registered voters d.Every legislative district must be represented by at least 10% of the registered voters. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 18 ART.VIII: JUDICIAL DEPARTMENT DISSECTED PROVISION: NOTE: Some may appear Similar to the notes that follow Sec.1:Judicial Power vested on: -ONE Supreme Court -Lower Courts Judicial Power includes: -Settle actual controversies involving rights (demandable/enforceable) -Determine grave abuse of discretion Sec.2: Congress power in judiciary includes: -Decision on jurisdiction (define/describe/apportion) Reorganization of Judiciary affecting security of tenure is prohibited. Sec.3: Judiciary enjoys fiscal autonomy Appropriations cant be reduced by Legislature Sec.4: Supreme Court is composed of: -One SC Chief and 14 Associate Justices Vacancy is filled within 90 day period Cases heard in EN BANC: (see notes) Concurrencebymajoritywhoparticipatedinthecasehearingisneededforresolvingor deciding. Cases from the Division not attaining the required number may be raised to En Banc except court doctrines /principles. Sec.5: Powers of Supreme Court: -Jurisdiction over cases heard in affecting ambassadors, public ministers and consuls -Jurisdiction on petitions -On appeals and certiorari under the following cases: oConstitutionality oLegality (tax, toll, assessment, impost) oLower Court Decisions oCrimes having reclusion perpetua as penalty oCases involving errors/question of law -Temporary Assignment of judges -Change of venue of trial -Promulgate rules on: oConstitutional rights oPleadings oPractice oCourt Procedure oAdmission to practice oIBP oLegal Assistance I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 19 oInvalidation of Rules of Special Courts and Quasi-Judicial Bodies -Appointment of judicial officials Sec. 6: Administrative power- SC over all courts and personnel Sec.7: Qualifications: SC or Lower Collegiate Courts: -Natural born citizen -At least 40yrs. old (for SC only) -(for SC only) judge for 15 years or more -With competence, integrity,probity,independence Lower Court Judges: -Qualifications set by Congress -Natural Born Citizen -IBP member -With competence, integrity,probity,independence Sec.8: Judicial Bar Council (JBC) created by SC includes: -Chief Justice (ex-officio) -DOJ Secretary (ex-officio) -Congress Representative (ex-officio) -SC Clerk of Court (ex-officio Secretary) -IBP representative -Law professor -Retried SC Justice -Private Sector Representative PresidentAppointsregularmembersforafouryeartermwithconsentofComm.On Appointments Regular members receive emoluments from budget set by Supreme Court. Principal function by JBC is to recommend appointment and other function are determined by SC. Sec. 9:President appoints SC and Lower Court judges and justices 3 nominees for every vacancy are passed by the JBC No confirmation is needed (For lower Courts) 90 day limit is given for submission of appointments Sec.10: Salary of Judicial Members are fixed by law No Decrease is allowed within their continuance of office Sec.11: Offices of judges and justices ends when: -They reach 70 -Incapacitated -Should be in good behavior I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 20 SC en banc has power to: -Discipline judges of lower courts -Order dismissal or judges of lower courts upon majority vote Sec.12: No designation of Members to other quasi judicial/administrative agency Sec.13: En Banc /division Decisions both SC and lower Collegiate Courts must be: -Reachedinconsultationbeforeassignedtothememberwhowillwritethedecision (ponente) -Such consultation is signed by SC Chief and recorded and reproduced -Dissents must state reasons Sec.14: Decisions must state: -Facts (clearly and distinctly) -Law basis Petition for Review/Motion for reconsideration must state: -Legal basis Sec. 15: Period of case resolution for every court (see Notes) Cases are deemed submitted upon filing of required papers by the Rules of Court/the Court itself (pleadings, memos etc.) A certification of why a case is not resolved shall be furnished signed by SC chief or presiding judge. This is given to the parties. Aftertheexpirationofmandatoryperiodforacase,thecaseshouldberesolvedwithout further delays Sec. 16: Submission of Annual Report: -Within 30 days FROM the opening of the regular session of each house of Congress Submitted to: -Congress -President I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 21 ARTICLE VIII: JUDICIAL DEPARTMENT NOTES/ QUESTION & ANSWER Section 1: The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. J udicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether ornottherehasbeenagraveabuseofdiscretionamountingtolackorexcessof jurisdiction on the part of any branch or instrumentality of the Government. What is the power given to the Courts? oJudicial Power What is Judicial Power? odutytosettleactualcontroversiesinvolvingrightswhicharelegally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government Can the Court settle all disputes? oNo. Only Actual controversies involving demandable and enforceable rights What are the legally and demandable rights? oThis is determined by the legislature and the Constitution. What is grave abuse of discretion? oWhen:(1)actisdonecontrarytoConstitution/law/jurisprudence;(2)thereis capricious/arbitrary and whimsical exercise of judgment (Infotech Foundation, et al. vs. COMELEC) Can the Courts hear all cases of grave abuse of discretion? oNo. it should be amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government Difference between Declaratory judgment and Advisory opinion DECLARATORY JUDGMENT ADVISORY OPINION Involvespartieswith realconflictinglegal interests Responsetoalegalissue posedinabstractofany actualcasethatmaybe presented. Finalandforever binding to parties Binds no one JudicialNot Judicial May the judiciary assume quasi-judicial power? oNO.Quasi-judicialpowersuchassittingasoneoftheboardsofarbitratoris notwithintheboundsofjudicialpowerbutratherunderthepowerof administrative agencies. (Manila Electric Co. v. Pasay Transportation Co.) I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 22 oNoinherentpowerintheExecutiveandLegislativetochargethejudiciarywith administrativefunctionsexceptwhenreasonablyincidentaltothefulfillmentof judicialduties(Noblejasv.Teehankee);Example:whenlawprovidesthat settlementofdisputesbetweendepartmentsandagenciesisthrough administrativeactionshavingdecisionsequaltodecisionsofcourtofjustice (PHIVIDEC v. Velez) Section2:TheCongressshallhavethepowertodefine,prescribe,andapportionthe jurisdictionofthevariouscourtsbutmaynotdeprivetheSupremeCourtofits jurisdiction over cases enumerated in Section 5 hereof.No law shall be passed reorganizing the J udiciary when it undermines the security of tenure of its Members. What is the role of Legislature in judicial process? o(1)Define demandable and enforceable rights; (2) determine which court has jurisdiction to hear and decide a dispute May the Congress pass a law changing the jurisdiction of the lower Courts? oYes,thatiswhytheywereabletopassBP129 butitshallnotbecourtsthat willhaveequalpowerwiththeSupremeCourtsincetherecanonlybeone Supreme Court. (Vargas v. Rilloraza; Lopez v. Roxas)oAuthoritytocreatecourtsincludesauthoritytoabolishthem.(Vargasv. Rilloraza) May the Congress enact law changing the jurisdiction of the Supreme Court? o Yes except the following: Jurisdiction over cases under Sec. 5 of ART.VIII IncasesofincreasingappellatejurisdictionoftheSupremeCourt, there should be advice and concurrence from the Supreme Court. (see Sec.30, Art.VI) Can the Courts exercise judicial power when there is no applicable law? oNo. It has no authority to entertain/perform judicial action when there is no law authorizingsuchproceedingse.g.declarationofcitizenship;reversalof awards of a board of judge in an oratorical contest. (Channie Tan v. Republic; Felipe v. Leuterio) What is Jurisdiction? oAuthority of a court to exercise judicial powerin a specific case and is a pre-requisite of judicial power. Section 3: The J udiciary shall enjoy fiscal autonomy. Appropriations for the J udiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released. What does fiscal autonomy mean? oExpressedinsecondsentenceoftheprovision:Appropriationsforthe Judiciarymaynotbereducedbythelegislaturebelowtheamount appropriatedforthepreviousyearand,afterapproval,shallbeautomatically and regularly released I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 23 -Why is fiscal autonomy granted? oTo strengthen judicial Independence -May the Congress enact a law reducing the appropriation for the judiciary? oNo.Theycannotreducesuchappropriationlessofthatfromthepreviousyear because it is a violation of this provision. Section 4:1.The Supreme Court shall be composed of a Chief J ustice and fourteen Associate J ustices. It may sit en banc or in its discretion, in division of three, five, or seven Members.Anyvacancyshallbefilledwithinninetydaysfromtheoccurrence thereof. 2.Allcasesinvolvingtheconstitutionalityofatreaty,internationalorexecutive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, includingthoseinvolvingtheconstitutionality,application,oroperationof presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. 3.Casesormattersheardbyadivisionshallbedecidedorresolvedwiththe concurrenceofamajorityoftheMemberswhoactuallytookpartinthe deliberationsontheissuesinthecaseandvotedthereon,andinnocase without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrineorprincipleoflawlaiddownbythecourtinadecisionrendereden banc or in division may be modified or reversed except by the court sitting en banc. -May the Congress Increase or decrease the composition of the Supreme Court? oNo. As same with 1973 and 1935 Constitution interpretation, such composition cant be changed by ordinary legislation. -How many divisions can the Supreme Court have? oin division of three, five, or seven Members; There can be 5 divisions of 3 members, 3 divisions of 5 members, 2 divisions of 7 members. -Whendoesthe90-daycountdownforfillingthevacantseatintheSupremeCourt starts? oFrom the time the vacancy occurred. Date of the retirement or dismissal of the Justice. -Cancasesdecidedbythedivisionsconcurredbythemajorityofthememberswho participated in the deliberation be appealed to en banc? oNo.TheDecisionofthedivisionisthedecisionoftheSupremeCourt. Decisions/resolutionsofthedivisionsarenotinferiortoenbancdecisions. TheSupremeCourtsittingenbancisnotanappellatecourtvis--visits Divisions. (Firestone Ceramics v. Court of Appeals) -What are cases decided in en banc? I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 24 oThe following are: Involves constitutionality of a treaty, international/executive agreement or laws Constitutionalityofapplications/operationofpresidentialDecrees, proclamations, orders, instructions, ordinances and other regulations Cases heard in division but required majority number is not obtained When SC reverses or modifies a doctrine previously laid by division or en banc Administrative cases involving dismissal or disciplinary action for a judge of a lower court Election contests for President and Vice President Thos provided by the Rules of Court -When Court sits in divisions, how many members can decide on a case? oCases can be decided by as few as a minimum of three votes. -When Court sits in En Banc, how many members can decide on a case? oConcurrence of majority of those who participated there on oSince a quorum is composed of 8, the majority number is 5 -In a resolution of Motion for Reconsideration, can it be appealed to en banc when the necessary three votes are not obtained in the division due to a tie? oNo.MotionforReconsiderationconnotesthatthereisalreadyadecisionby thedivisionandthus,atieofvotesmeanthattherequirednumberto reconsiderthecasewasnotobtainedandthedecisionisthatthepetitioner lost. It is not qualified in the clause When the required number is not obtained, the case shall be decided en banc. (Fortich v. Corona) Section 5: The Supreme Court shall have the following powers: 1.Exerciseoriginaljurisdictionovercasesaffectingambassadors,otherpublic ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. 2.Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: a.Allcasesinwhichtheconstitutionalityorvalidityofanytreaty, internationalorexecutiveagreement,law,presidentialdecree, proclamation, order, instruction, ordinance, or regulation is in question. b.All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. c.All cases in which the jurisdiction of any lower court is in issue. d.All criminal cases in which the penalty imposed is reclusion perpetua or higher. e.All cases in which only an error or question of law is involved. 3.Assigntemporarily judges oflowercourts tootherstations aspublic interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. 4.Order a change of venue or place of trial to avoid a miscarriage of justice. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 25 5.Promulgaterulesconcerningtheprotectionandenforcementofconstitutional rights,pleading,practice,andprocedureinallcourts,theadmissiontothe practiceoflaw,theintegratedbar,and legalassistancetotheunder-privileged. Suchrulesshallprovideasimplifiedand inexpensiveprocedureforthespeedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. 6.Appoint all officials and employees of the J udiciary in accordance with the Civil Service Law. -What are the powers of the Supreme Court? oParagraphs1and2provideitsjurisdictionovertheenumeratedcases. Paragraphs3to6providetheauxiliaryadministrativepoweroftheSupreme Court. -What is the power of judicial review? oPowertodecideontheConstitutionalityofapplications/operationof presidentialDecrees,proclamations,orders,instructions,ordinancesand other regulations oPowertodecideontreaty,internationalorexecutiveagreement,law, presidential decree, proclamation, order, instruction, ordinance, or regulation -Is judicial review the totality of judicial power? oNo. Judicial review is merely an aspect of the judicial power.

-What are the requisites for judicial review? oThe following are:Actual case requiring exercise of judicial power- Court do not decide on hypothetical/feignedproblemsormootandacademiccases(with exceptions) Ripeness-determinedwhenthegovernmentalactbeingchallenged has had a direct adverse effect to the individual challenging it (PACU v. Secretary of Education; Tan v. Macapagal) Locus Standi Questions of constitutionality should be raised on earliest opportunity Question of constitutionality should be unavoidable or the very lis mota (central issue of the case) -Maythecourtdecideonquestionsoflawevenintheabsenceofactualcaseor controversy? oYes.Thereareexceptionstotherule,forinstance,lackofclaritycreating confusion and is detrimental to public order. (Solicitor General v. Metropolitan Manila Authority) -What is Locus Standi/Legal Standing? oA personal and substantial interest in the case such that he has sustainedor will sustain direct injury as a result of the enforcement of a governmental act. oOther legal standing are those accorded to the members of the Congress and to the taxpayers I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 26 -In the absence of locus standi, can the Court still decide on the case? oYesifsuchcaseholdsparamountinteresttothepeople,constitutional significance, and transcendental importance to the public. -What is the political question doctrine? oThe court generally does not perform judicial review over political questions. -What are political Questions? oQuestions which, Under the Constitution, are to be decided by the people in their sovereigncapacity,orinregardtowhichfulldiscretionaryauthorityhasbeen delegatedtothelegislativeorexecutivebranchofthegovernment(Tanadav. Cuenco) o(Baker v. Carr) Characteristics are: Textuallydemonstratesconstitutionalcommitmentoftheissuetoa political department Lack of judicially discoverable and manageable standards for resolving Impossibilityofdecidingwithoutaninitialpolicydeterminationofa clearly non-judicial discretion Impossibilityofundertakingindependentresolutionwithout disrespecting coordinate branch of government Theresunusualneedforunquestioningadherencetoapolitical decision already made Potentialityofembarrassmentfrommultifarious/diverse pronouncements by various departments on one question -What are the powers of the courts over appeals or certiorari? o Review, revise, reverse, modify, or affirm -What is the length of effectivity of temporary assignment of judges of lower courts? oNot exceeding Six months unless there is consent from the concerned judge -May the legislature promulgate rules that will determine who shall pass the Bar exam or shall issue the average satisfactory grade? oNo. Such power is vested only to the Supreme Courts as stated in Sec.5 Par.5 -MaytheSupremeCourtpromulgaterulesconcerningprotectionandenforcementof constitutional rights? oYes but it is subject to limitation as follows: ThereshouldbeSimplifiedandinexpensiveprocedureforspeedy disposition. It shall be uniform to all courts of the same grade They shall not diminish/increase/modify substantive rights. -What are substantive rights? oRightswhichoneenjoysunderthelegalsystempriortothedisturbanceof normal relations (Bustos v. Lucero) -What are Substantive laws? oLawsthatcreates,definesandregulatesrightswhichthecourtsare established to administer. (Bustos v. Lucero) I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 27 -What are remedial laws? oPrescribesmethodsofenforcingrightsorobtainsredressoftheirinvasion. (Bustos v. Lucero)

-What does Bar mean? oCollectivity of all those persons appearing in the Roll of Attorneys -What are Special Courts and Quasi-Judicial Courts? oSpecial Courts include: Sandiganbayan Court of Tax Appeals Shari'a District Courts Shari'a Circuit Courts oExamplesofQuasi-JudicialBodiesare:NLRC,COMELEC,Committeeon Human Rights etc. -What is the power of Supreme Court over Special Courts and Quasi-Judicial Courts? oSC can invalidate their rules of procedure. However, they themselves develop their own rules not the Supreme Court. -May the President or the Legislature appoint court officials and employees? oNo pursuant to Sec.5 Par. 6, only Supreme Court can do so. Section6:TheSupremeCourtshallhaveadministrativesupervisionoverallcourts and the personnel thereof. -MaytheofficeoftheOmbudsmantakecognizanceofcasesinvolvingjudgesand other court personnel? oNO.TheSupremeCourtshouldfirstdetermineifadministrativeaspectis involvedinanddecideonitbeforeothercasesbefiledtotheOfficeofthe Ombudsman.(Fuentesv.OfficeoftheOmbudsman;Macedav.Vasquez; Caoibes v. Ombudsman) -MaytheOmbudsmanproceedwithitsinvestigationofjudgesandcourtpersonnel involvingactsoromissionsappearingtobeillegal,unjust,improperorinefficient [pertaining to criminal cases]? oYES[incontrarytotherulingofFuentesv.OfficeoftheOmbudsmanand other precedents] citing the following authorities: Sec.15ofRA6770ortheOmbudsmanActof1989,theclauseit maytakeover,atanystage,fromanyinvestigatoryagencyof Government, the investigation of such cases Art. XI Section 13, Par.1 of 1987 Constitution Section 7:1.No person shall be appointed Member of the Supreme Court or any lower collegiate courtunlessheisanatural-borncitizenofthePhilippines.AMemberofthe Supreme Court must be at least forty years of age, and must have been for fifteen I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 28 yearsormore,ajudgeofalowercourtorengagedinthepracticeoflawinthe Philippines. 2.TheCongressshallprescribethequalificationsofjudgesoflowercourts,butno person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar. 3.A Member of the J udiciary must be a person of proven competence, integrity, probity, and independence. -What are the Collegiate Courts? oThesearecourtswithmorethanonemember/judge.SupremeCourt,Courtof Tax Appeals, Court of Appeals and Sandiganbayan -May the Congress prescribe the qualifications of Justices of the Supreme Court? oNo. The provision says only of the lower Courts. The Judicial Bar Council does the said task. -May the Congress prescribe qualifications of judges of lower collegiate courts? oYes. Lower Collegiate Courts are also considered Lower Courts -Are the provision of Sec.7 Par. 1 apply to Judges of Lower Courts? oYes, but only to lower collegiate courts. Congress prescribes the qualification ofjudgesoflowercourtsprovidedthathe/sheisacitizenofthePhilippines and a member of the Philippine Bar. -MaytheCongressprescribequalificationsformembersofjudiciaryotherthanthe judges? oNO -What are the characteristics required by the constitution for members of the judiciary? o competence, integrity, probity, and independence -Does the qualification in paragraph 3 only apply to lower courts? oNo.ThephraseMembersofJudiciarypertainstoallcourtMembersfrom Supreme Court judges to judges of lower courts. -May the Congress alter the Qualifications of Members of Judiciary? oYesandNo.CongressmaynotalterqualificationsofSupremeCourtand Constitutionalqualificationsofothermembers.Buttheycanalterstatutory qualifications of judges and justices of lower courts. Section 8:1.A J udicial and Bar Council is hereby created under the supervision of the Supreme CourtcomposedoftheChiefJ usticeasexofficioChairman,theSecretaryof J ustice,andarepresentativeoftheCongressasexofficioMembers,a representativeoftheIntegratedBar,aprofessoroflaw,aretiredMemberofthe Supreme Court, and a representative of the private sector. 2.The regular members of the Council shall be appointed by the President for a term offouryearswiththeconsentoftheCommissiononAppointments.Ofthe Membersfirstappointed,therepresentativeoftheIntegratedBarshallservefor four years, the professor of law for three years, the retired J ustice for two years, and the representative of the private sector for one year. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 29 3.The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.4.TheregularMembersoftheCouncilshallreceivesuchemolumentsasmaybe determinedbytheSupremeCourt.TheSupremeCourtshallprovideinitsannual budget the appropriations for the Council.5.TheCouncilshallhavetheprincipalfunctionofrecommendingappointeestothe judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it. -Who appoints Judges and Justices? oThe Judicial and Bar Council -Are all the members of Judicial and Bar Council appointed by the President? oNO. There are ex-officio (by virtue of position) members namely: Chief Justice, DOJSecretary,RepresentativeofCongressandClerkofSupremeCourtas the ex-officio Secretary of the JBC, who are not anymore appointed. S/He can onlyappointarepresentativeoftheIntegratedBar,aprofessoroflaw,a retiredMemberoftheSupremeCourt,andarepresentativeoftheprivate sector. Their terms are described in par. 2 Sec.8 -May the President appoint officials of the Supreme Court other than the Justices and Judges? oNO. Pursuant to Sec.6 of this Article, the Supreme Court has the power to do the appointments of other judicial officials. -DoestheCongressappropriateaseparateannualbudgetfortheJudicialandBar Council? oNo.Par.4statesthatthebudgetfortheCouncilwillcomefromtheannual budget appropriated by the Congress for the Supreme Court. -What house of Congress does its representative in JBC originate? oCurrentpracticeisitcomes frombothhousesbuteach getsahalfvote.The ConstitutionalConventioncontemplatedhavingalegislaturethatisa unicameralbodybeforethatiswhyonlyonerepresentativecomesfromthe Congress. -Aside from recommending appointees, may the JBC hold any other function? oYes.Recommendingappointeesistheirprincipalfunction.Theycouldhave other Functions and duties but the Supreme Court should assign such. Section9:The Members oftheSupremeCourtand judges oflowercourts shallbe appointedbythePresidentfromalistofatleastthreenomineespreferredbythe J udicial and Bar Council for every vacancy. Such appointments need no confirmation. Forthelowercourts,thePresidentshallissuetheappointmentwithinninety days from the submission of the list. -Is it necessary for the appointment of The Members of the Supreme Court and judges of lower courts be confirmed by the Commission on Appointment? oNo. The Judicial and Bar Council does the screening of the nominees, which is similar to the function performed by the Commission on Appointment. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 30 oThe rationaleof creatingJBCistoremovepolitics fromappointmentsofjudges and justices. [although does not manifest in reality] -What is the process of appointment of Justices and Judges? oApplications are submitted to the Judicial and Bar Council. The Council Screens the applicants. A final list of three nominees for every position is submitted to the President for appointment/decision. -When does the 90 day limit of he president begin for the submission of appointments of lower court judges? oUpon the submission of the list of the JBC Section10:ThesalaryoftheChiefJ usticeandoftheAssociateJ usticesofthe SupremeCourt,andofjudgesoflowercourtsshallbefixedbylaw.Duringthe continuance in office, their salary shall not be decreased. -May the Congress pass a law standardizing the salary of the judges and justices? oNo,duringtheircontinuanceofoffice.However,theCongressmayalter benefits or any other emoluments after their retirement. -MaytheCongresspassalawstandardizingthesalaryofjudicialofficialsotherthan justices and judges? oYes, given that no constitutional provision prohibits such act -Is the salary of the Judges and Justices subject to tax impositions? oYes [contrary to the ruling in Endencia v. David and Perfect v. Meer], the true intent of the framers was to make the salaries of the judiciary taxable. (Nitafan v. Commissioner of Internal Revenue) Section11:TheMembersoftheSupremeCourtandjudgesofthelowercourtshall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the Members who actually took part in the deliberations on the issues in the case and voted in thereon. -What does good behavior mean? oFreefromadministrativecharges/freefromconstitutionalgroundsfor impeachment -Who determines good behavior of judges of lower courts? oOnly the Supreme Court since they alone can order dismissal of the judges of lower courts. -Who decides for the disciplinary actions for judges of lower courts? oCodalprovisionsays:TheSupremeCourtsitsinenbancinalldisciplinary cases in all lower courts including collegiate courts.o[ContraryanswertotheaboveansweristherulingofPeoplev.Gacottby Justice Regalado] Disciplinary actions are decided in en banc only if penalty is dismissal of a judge, disbarment of lawyer, suspension of either for more than one year or a fine exceeding 10,000 pesos. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 31 -MaytheCongressorthePresidentdecideontheincapacitytodischargedutiesofa judge or a justice? oNo.AlthoughtheConstitutionissilenceaboutit,suchfunctionispartofthe overall administrative power which the Supreme Court has over its Members and over all members of the Judiciary. (Sec.6 Art. VIII) -May the president order the removal of a judge or justice? oNo, they are removed only by impeachment -Who can Impeach Justices? oOnly Congress -What is the compulsory retirement age of Members of Judiciary? o70yearsofage.(Similarto1935andthe1980amendmentofthe1973 Constitution) -Does the doctrine of De La Llana v. Alba stand given provisions of Sec.2 and Sec.11 of Art.VIII of 1987 Constitution? oYes.Sincethecasementionsthat,thereorganizationdoesnotundermine security of tenure.This is a situation where therewas logically no removal of office because it implies that an office exist after the ouster. No office means no guarantee of security of tenure was undermined. -What is the scope of Security of tenure? oGuarantees not just against actual removal but also of uninterrupted continuity of tenure (Vargas v. Rilloraza) Section12:MembersoftheSupremeCourtandofothercourtsestablishedbylaw shallnotbedesignatedtoanyagencyperformingquasi-judicialoradministrative function. -Giventheprovision,cantheMembersoftheSupremeCourtandofothercourtsbe designated to agencies performing quasi-legislative function if established by law? oThere is no such agency performing quasi-legislative function. Section 13: The conclusions of the Supreme Court in any case submitted to it for the decisionenbanc or indivisionshallbe reached in consultationbefore thecasethe case assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief J ustice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. The same requirements shall be observed by all lower collegiate court. -Does Section 13 apply to judges of RTCs and MeTCs/MTCs? oNO. These courts are single member courts and not Collegiate courts. -Does the absence of certification invalidate a decision? oNo.Regularperformanceofdutyispresumed.SuchAbsenceofcertification would only be a ground for holding the official responsible for such omission. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 32 -What is the rationale of requiring explanation of non participation or abstention? oTo encourage participation -Asidefromexplanationofabstentionornon-participation,whatelseencourages participation form Judges? oThe requirement that each dissent must state the reason for such o This requirement also acknowledges the fact that dissents sometimes becomes the majority opinion. Section 14: No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefore. -ShouldadenialforMotionforReconsiderationorPetitionforReviewclearlyand distinctly state the facts? oNo.Resolutionslikeforpetitionsandmotions,onlyrequirelegalbasis.For instance, the court could issue a Minute resolution (resolution rendered within the day of petition) -When is the provision of Sec.14 Par.1 applied? oOnly for rendering decisions and not for resolutions. -What are decisions? oFinaldeterminationmadebyacourtofthesubstantiveissuesbroughtfor resolution oHappens after filing briefs/memoranda or all other pleadings -Istheterminationbyamilitarytribunalwithsimplyaverdictofguiltyornotguiltya violation of this provision? oNo because the military tribunal is not a court of record within the meaning of this provision -Will the failure of the court to state the contentions of the appellant and the reason for refusing to believe them, mean an infringement of this provision? oNo,solongasthedecisioncontainsnecessaryfactstowarrantits conclusions. Law insists the stating of essential ultimate facts only. (Air France v. Carrascoso) -What is the effect of failure to follow rule on contents of decision? oItwouldbegroundsfordisciplinaryactionforlowercourtsandimpeachment for Supreme Court Members. Section 15:1.All cases or matters filed after the effectivity of this Constitution must be decided orresolvedwithintwenty-fourmonthsfromdateofsubmissionfortheSupreme Court,and,unlessreducedbytheSupremeCourt,twelvemonthsforalllower collegiate courts, and three months for all other lower courts. 2.Acaseormattershallbedeemedsubmittedfordecisionorresolutionuponthe filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself. I UyRicoCaluag Notes I CONSTITUTIONAL LAW 1 I I CaluagRicoUy Notes I 33 3.Upon the expiration of the corresponding period, a certification to this effect signed bytheChiefJ usticeorthepresidingjudgeshallforthwithbeissuedandacopy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period. 4.Despitetheexpirationoftheapplicablemandatoryperiod,thecourt,without prejudice to such responsibility as may have been incurred in consequence thereof, shalldecideorresolvethecaseormattersubmittedtheretofordetermination, without further delay. -Periods for making decisions: COURTPERIOD Supreme Court24months(unlessreducedby SC) LowerCollegiate Courts 12 months All other Lower Courts3 months -When does the period begin? ouponthefilingofthelastpleading,brief,ormemorandumrequiredbythe Rules of Court or by the court itself -Doreasonslikepoorhealthorheavycaseloadsexcusefailuretocomplywiththe deadline? oNO.Itpartiallydoesbutonlyifthejudgesconcernedrequestsreasonable extension. (Court Administrator v. Quinanola) -Is the delay or no decision/resolution of an appealed decision tantamount to automatic affirmation? oNo. pursuant to par.4 Sec.15 of this article Section16:TheSupremeCourtshall,withinthirtydaysfromtheopeningofeach regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the J udiciary. -MaytheSupremeCourtsubmittothepresidentandCongresstheannualreportof Judiciary operations two days after the opening of regular session of the Congress? oYes of course, this is within the 30 day limit. -Does this provision infringe independence of the judiciary? oNo. This is within the bounds of the doctrine of checks and balances observed by the Philippine government. -When does the 30 day period limit begin? ofrom the opening of each regular session of the Congress