Constitutional Law I Reviewer

7/21/2019 Constitutional Law I Reviewer

1/76

CONSTITUTIONAL LAW I REVIEWER

I. NATURE AND PURPOSE OF THE CONSTITUTION

Tanada and Fernando: "a written instrument organiing t!e go"ernment#

$istri%uting its &owers an$ sa'eguar$ing t!e rig!ts o' t!e Peo&(e ."

Malcolm and Laurel: "t!e written instrument %) w!i*! t!e 'un$amenta(

&owers o' go"ernment are esta%(is!e$ (imite$ an$ $e'ine$# an$ %) w!i*!

t!ose &owers are $istri%ute$ among t!e se"era( $e&artments 'or t!eir sa'e

an$ use'u( e+er*ise 'or t!e %ene'it o' t!e %o$) &o(iti* ."

II. CHAN,IN, THE CONSTITUTION

Arti*(e -VII# Se*. - Any amen$ment to, or re"isionof, this Constitution may

be proposed by:(! The Congress, upon a ote of t!ree/'ourt!s o' a(( its 0em%ers# or($! A *onstitutiona( *on"ention (by a ote of t%o-thirds or ma&ority of all its

Members!

Arti*(e -VII# Se*. 1- Amen$mentsto this Constitution may li'e%ise be

- Dire*t() &ro&ose$ %) t!e &eo&(e (eople)s *nitiatie! initiatie upon a

petition of at (east twe("e &er *entum o' t!e tota( num%er o' registere$"oters, of %hich eery le+islatie district must be represented by at least

three per centum of the re+istered oters therein.

LA02INO "s. CO0ELEC

The Lambino roup miserably failed to comply %ith the basic reuirements of the

Constitution for conductin+ a people)s initiatie. The Constitution reuires that the

amendment must be "directly proposed by the people throu+h initiatie upon a petition."

- Lambinos +roup 'ai(e$ to in*(u$e t!e 'u(( te+t o' t!e &ro&ose$ *!anges in

t!e signature s!eets-- a fatal omission, accordin+ to the /upreme Courtrulin+, because it means a ma&ority of the 0.1 million people %ho si+ned the

si+nature sheets could not hae 'no%n the nature and effect of the proposed

chan+es.


2/76

- A &eo&(e3s initiati"e to chan+e the Constitution a&&(ies on() to an

amen$ment o' t!e Constitution an$ not to its re"ision. 2nly Con+ress or

a constitutional conention may propose reisions to the Constitution. A

people)s initiatie may propose only amendments to the Constitution.

"A popular clamor, even one backed by 6.3 million signatures, cannot justify adeviation from the specific modes prescribed in the Constitution itself."

-- /upreme Court

III. NATURE OF 4UDICIAL POWER5REVIEW- The6u$i*ia( &owershall be ested in one /upreme Court and in such lo%er

courts as may be established by la%. (/ec , Art 3***!

S*o&e7. To settle actual controersies inolin+ ri+hts %hich are le+ally

demandable and enforceable.$. To determine %hether or not there has been a +rae abuse of discretion

amountin+ to lac' or e4cess of &urisdiction on the part of any branch or

instrumentality of the +oernment.

THEOR8 OF 4UDICIAL REVIEW

0AR2UR8 "s. 0ADISON 9US CASE:

The Su&reme Court !as t!e aut!orit) to re"iew a*ts o' Congress an$ $eterminew!et!er t!e) are un*onstitutiona( an$ t!ere'ore "oi$.*t is emphatically the duty of

the 5udicial 6epartment to say %hat the la% is. Those %ho apply the rule to particular

cases must, of necessity, e4pound and interpret the rule. I' two (aws *on'(i*t wit!

ea*! ot!er# t!e Court must $e*i$e on t!e o&eration o' ea*!. I' *ourts are to regar$

t!e Constitution# an$ t!e Constitution is su&erior to an) or$inar) a*t o' t!e

(egis(ature# t!e Constitution# an$ not su*! or$inar) a*t# must go"ern t!e *ase to

w!i*! t!e) %ot! a&&().

AN,ARA "s. ELECTORAL CO00ISSION

7hen the Court a((o*ates *onstitutiona( %oun$aries, it neit!er asserts su&rema*),

nor annu(s t!e a*ts o' t!e (egis(ature. *t simply carries out the obli+ations imposed

upon it by the constitution to determine conflictin+ claims and to establish for the parties

the ri+hts %hich the constitution +rants to them.


3/76


4/76


5/76

olitical >uestion - the determination by a court (particularly the /upreme Court!

that an issue raised about the conduct of public business is a "political" issue to

be determined by the le+islature (includin+ Con+ress! or the e4ecutie branch

and not by the courts.

Moot and Academic- A case becomes moot %hen there are facts, in&uries and

heated ar+uments but for some reason the le+al problem has become stale.

7hen a case is moot and academic, it ceases to be a case and controersy. Any

decision reached by the court %ould not be conclusie on the parties.

LACSON "s. Pere

resident Macapa+al-Arroyo ordered the liftin+ of roc. o. 1= on May 0, $0,

accordin+ly the instant petition has been rendered moot and academic. ?espondents

hae declared that the 5ustice 6epartment and the police authorities intend to obtain

re+ular %arrants of arrests from the courts for all acts committed prior to and until May, $. Dnder /ection , ?ule 1 of the ?ules of Court, authorities may only resort to

%arrantless arrests of persons suspected of rebellion in suppressin+ the rebellion if the

circumstances so %arrant, thus the %arrantless arrests are not based on roc. o. 1=.

Petitioner3s &ra)er 'or man$amus an$ &ro!i%ition is im&ro&er at t!is time

%e*ause an in$i"i$ua( warrant(ess() arreste$ !as a$e;uate reme$ies in (aw. *f the

detention should hae no le+al +round, the arrestin+ officer can be char+ed %ith

arbitrary detention, not pre&udicial to claim of dama+es under Article 1$ of the Ciil

Code. Petitioners were neit!er assai(ing t!e "a(i$it) o' t!e su%6e*t !o($ $e&arture

or$ers# nor were t!e) e+&ressing an) intention to (ea"e t!e *ountr) in t!e near

'uture. etitioners) prayer for relief re+ardin+ their alle+ed impendin+ %arrantless

arrests is premature bein+ that no complaints hae been filed a+ainst them for any

crime, furthermore, the %rit of habeas corpus is uncalled for since its purpose is to

reliee unla%ful restraint %hich etitioners are not sub&ected to.

DEFUNIS "s. ODE,AARD

A Dnited /tates /upreme Court case decided on April $1,


6/76

the ability to +raduate. Nor was t!is a ;uestion t!at was


7/76

*G)s fundamental purpose that is to eleate the standards of the la% profession

improe the administration of &ustice, cannot be affected by the deployment of the

Marines.

TANADA "s. TUVERA

The petitioners hae le+al standin+. The /upreme Court has already decided in arious

cases that a &art) !as a *ause o' a*tion w!en t!e ;uestion &ose$ is one o' &u%(i*

rig!t an$ t!e o%6e*t o' t!e man$amus is to &ro*ure t!e en'or*ement o' a &u%(i*

$ut). Dnder such, the people are re+arded as the real party in interest and the relator at

%hose insti+ation the proceedin+s are instituted need not sho% that he has any le+al or

special interest in the result, it bein+ sufficient to sho% that he is a citiHen and as such

interested in the e4ecution of the la%s.

As to the necessity of publication, the /upreme Court ruled that la%s should be

published. The clear ob&ect of such is to +ie the +eneral public adeuate notice of the

arious la%s %hich are to re+ulate their actions and conduct as citiHens. 7ithout such

notice and publication, there %ould be no basis for the application of the ma4im

"i+norantia le+is non e4cusat." *t %ould be the hei+ht of in&ustice to punish or other%ise

burden a citiHen for the trans+ression of a la% of %hich he had no notice %hatsoeer,

not een a constructie one.

OPLE "s. TORRES

The petitioner has le+al standin+. As is usual in constitutional liti+ation, respondents

raise the threshold issues relatin+ to the standin+ to sue of the petitioner and the

&usticiability of the case at bar. More specifically, respondents aer that petitioner has no

le+al interest to uphold and that the implementin+ rules of A.2. o. 1= hae yet to be

promul+ated. These submissions do not desere our sympathetic ear. etitioner 2ple is

a distin+uished member of our /enate. As a /enator, petitioner is possessed of the

reuisite standin+ to brin+ suit raisin+ the issue that the issuance of A.2.o. 1= is a

usurpation of le+islatie po%er.

As ta4payer and member of the oernment /erice *nsurance /ystem (/*/!,

petitioner can also impu+n the le+ality of the misali+nment of public funds and the

misuse of /*/ funds to implement A.2. o. 1=. The ripeness for ad&udication of the

etition at bar is not affected by the fact that the implementin+ rules of A.2.o. 1=

hae yet to be promul+ated. etitioner 2ple assails A.2. o. 1= as inalid per se and

as infirmed on its face. Bis action is not premature for the rules yet to be promul+ated


8/76

cannot cure its fatal defects. Moreoer, the respondents themseles hae started the

implementation of A.2. o. 1= %ithout %aitin+ for the rules. As early as 5anuary


9/76


10/76


11/76

The hilippine oernment has not abdicated its soerei+nty oer the bases as part of

the hilippine territory or diested itself completely of &urisdiction oer offenses

committed therein. Dnder the terms of the treaty, the Dnited /tates oernment has

prior or preferential but not e4clusie &urisdiction of such offenses. The hilippine

oernment retains not only &urisdictional ri+hts not +ranted, but also all such ceded

ri+hts as the Dnited /tates Military authorities for reasons of their o%n decline to ma'e

use of (Military Gases A+reement!. Bence, in the e4ercise of its soerei+nty, the /tate

throu+h the City of 2lon+apo does hae administratie &urisdiction oer the lot located

%ithin the D/ aal Gase.

1. Peo&(e - inhabitants of the /tate.

ARTICLE 1

ISe*tion . The hilippines is a democratic and republican /tate.

/oerei+nty resides in the people and all +oernment authority emanatesfrom them.J

ISe*tion @. The prime duty of the oernment is to sere and protect the

people. The oernment may call upon the people to defend the /tate

and, in the fulfillment thereof, all citiHens may be reuired, under

conditions proided by la%, to render personal, military or ciil serice.J

ISe*tion . The /tate shall protect and promote the ri+ht to health of the

people and instill health consciousness amon+ them.J

ISe*tion . The /tate shall protect and adance the ri+ht of the people to

a balanced and healthful ecolo+y in accord %ith the rhythm and harmony

of nature.J

ARTICLE ?

ISe*tion .o person shall be depried of life, liberty, or property %ithout

due process of la%, nor shall any person be denied the eual protection of

the la%s.J

ISe*tion 1.The ri+ht of the people to be secure in their persons, houses,

papers, and effects a+ainst unreasonable searches and seiHures of

%hateer nature and for any purpose shall be iniolable, and no search

%arrant or %arrant of arrest shall issue e4cept upon probable cause to be

determined personally by the &ud+e after e4amination under oath or

affirmation of the complainant and the %itnesses he may produce, and


12/76

particularly describin+ the place to be searched and the persons or thin+s

to be seiHed.J

ISe*tion . The ri+ht of the people to information on matters of public

concern shall be reco+niHed. Access to official records, and to documents

and papers pertainin+ to official acts, transactions, or decisions, as %ell as

to +oernment research data used as basis for policy deelopment, shall

be afforded the citiHen, sub&ect to such limitations as may be proided by

la%.J

ARTICLE

ISe*tion @.The resident and the 3ice-resident shall be elected by

direct ote of the people for a term of si4 years %hich shall be+in at noon

on the thirtieth day of 5une ne4t follo%in+ the day of the election and shall

end at noon of the same date, si4 years thereafter. The resident shall not

be eli+ible for any re-election. o person %ho has succeeded as resident

and has sered as such for more than four years shall be ualified for

election to the same office at any time.

o 3ice-resident shall sere for more than t%o successie terms.

3oluntary renunciation of the office for any len+th of time shall not be

considered as an interruption in the continuity of the serice for the full

term for %hich he %as elected.

Dnless other%ise proided by la%, the re+ular election for resident and

3ice-resident shall be held on the second Monday of May.

The returns of eery election for resident and 3ice-resident, duly

certified by the board of canassers of each proince or city, shall be

transmitted to the Con+ress, directed to the resident of the /enate. Dpon

receipt of the certificates of canass, the resident of the /enate shall, not

later than thirty days after the day of the election, open all the certificates

in the presence of the /enate and the Bouse of ?epresentaties in &oint

public session, and the Con+ress, upon determination of the authenticityand due e4ecution thereof in the manner proided by la%, canass the

otes.

The person hain+ the hi+hest number of otes shall be proclaimed

elected, but in case t%o or more shall hae an eual and hi+hest number


13/76

of otes, one of them shall forth%ith be chosen by the ote of a ma&ority of

all the Members of both Bouses of the Con+ress, otin+ separately.

The Con+ress shall promul+ate its rules for the canassin+ of the

certificates.

The /upreme Court, sittin+ en banc, shall be the sole &ud+e of all contests

relatin+ to the election, returns, and ualifications of the resident or 3ice-

resident, and may promul+ate its rules for the purpose.J

ARTICLE

ISe*tion 1.The Con+ress may, by la%, adopt a ne% name for the country,

a national anthem, or a national seal, %hich shall all be truly reflectie and

symbolic of the ideals, history, and traditions of the people. /uch la% shall

ta'e effect only upon its ratification by the people in a national

referendum.J

ARTICLE

ISe*tion 1.After the e4piration in


14/76

Dnder the ciil code, property may either be under public dominion or priate o%nership.

Those under public dominion are o%ned by the /tate and are utiliHed for public use,

public serice and for the deelopment of national %ealth. The ports included in the

public dominion pertain either to seaports or airports. 7hen properties under public

dominion cease to be for public use and serice, they form part of the patrimonial

property of the /tate. The court held that the land and buildin+s of M*AA are part of the

public dominion. /ince the airport is deoted for public use, for the domestic and

international trael and transportation. 9en if M*AA char+e fees, this is for support of its

operation and for re+ulation and does not chan+e the character of the land and

buildin+s of M*AA as part of the public dominion. As part of the public dominion the land

and buildin+s of M*AA are outside the commerce of man. To sub&ect them to ley and

public auction is contrary to public policy. Dnless the resident issues a proclamation

%ithdra%in+ the airport land and buildin+s from public use, these properties remain to

be of public dominion and are inalienable. As lon+ as the land and buildin+s are for

public use the o%nership is %ith the ?epublic of the hilippines.

o C2/T*TD9T M**/T?AT FDCT*2/

VAL0ONTE "s. 2EL0ONTE

The cornerstone of this republican system of +oernment is dele+ation of po%er by the

people to the state. oernmental a+encies and institutions operate %ithin the limits of

the authority conferred by the people. Oet, li'e all constitutional +uarantees, the ri+ht to

information is not absolute. eople)s ri+ht to information is limited to Imatters of public

concernJ and is further Isub&ect to such limitations as may be proided by la%.JThe/*/ is a trustee of contributions from the +oernment and its employees and the

administrator of arious insurance pro+rams for the benefit of the latter. Dndeniably, its

funds assume a public character. More particularly, /ecs. (b! and80 of .6 80, as

amended (the ?eised oernment /erice *nsurance act of


15/76

0ACARIOLA "s. ASUNCION

o. The respondent 5ud+e Asuncion)s actuation does not constitute of an Iact

unbecomin+ of a &ud+eJ. Gut he is reminded to be more discreet in his priate and

business actiities.

/C ruled that the prohibition in Article 8


16/76

CitiHens of the hilippines at the time of the adoption of the


17/76

94press renunciation or e4patriation /ec. ($!, CA 01R

Ta'in+ an oath of alle+iance to another country upon reachin+ the a+e of ma&ority

Acceptin+ a commission and serin+ in the armed forces of another country,

unless there is an offensieN defensie pact %ith the country, or it maintains

armed forces in ? %ith ?)s consent

6enaturaliHation

Gein+ found by final &ud+ment to be a deserter of the AF

Marria+e by a Filipino %oman to an alien, if by the la%s of her husband)s country,

he becomes a citiHen thereof.

HOW 0A8 CITIENSHIP 2E REAC=UIREDG

. Natura(iation(CA o. 01 and CA o. 8;1!

no% an abbreiated process, %ith no need to %ait for 1 years ( year for

declaration of intent, and $ years for the &ud+ment to become e4ecutory!

RE=UIRE0ENTS7

a.! be $ years of a+e

b.! be a resident for 0 months

c.! hae +ood moral character

d.! hae no disualification

$. Re&atriation

%oman %ho by her marria+e lost her citiHenship

those declared by authorities to be deserters of the Armed Forces


18/76

1. Legis(ati"e A*t

both a mode of acuirin+ and reacuirin+ citiHenship

DUAL ALLE,IANCE 9SEC # ART IV:

aliens %ho are naturaliHed as Filipinos but remain loyal to their country of ori+in

public officers %ho, %hile serin+ the +oernment, see' citiHenship in another

country

disualified from runnin+ for any electie local position. (/ec 8d, Local

oernment Code

REPU2LIC "s. CHULE LI0

. o. The ?epublic aers that respondent did not comply %ith the constitutional

reuirement of electin+ Filipino citiHenship %hen she reached the a+e of ma&ority as

mandated in Article *3, /ection (1! of the


19/76

T!e $o*trine t!at $isa((ows su*! *!ange o' name as wou($ gi"e t!e 'a(se

im&ression o' 'ami() re(ations!i& remains "a(i$ %ut on() to t!e e+tent t!at t!e

&ro&ose$ *!ange o' name wou($ in great &ro%a%i(it) *ause &re6u$i*e or 'uture

mis*!ie' to t!e 'ami() w!ose surname it is t!at is in"o("e$ or to t!e *ommunit) in

genera(. *n this case, the ?epublic has not sho%n that the Ou family in China %ould

probably be pre&udiced or be the ob&ect of future mischief.

CALILUN, "s. DATU0ANON,

o. /ection , Article *3 of the Constitution is a declaration of a policy and it is not a

self-e4ecutin+ proision. The le+islature still has to enact the la% on dual alle+iance. *n

/ections $ and 1 of ?ep. Act o.


20/76

VI. THE DOCTRINE OF STATE I00UNIT8

The /tate may not be sued %ithout its consent. (/ec 1, Art P3*!

There can be no le+al ri+ht as a+ainst the authority that ma'es the la%s on

%hich the ri+ht depends.

*f the /tate is amenable to suits, all its time %ould be spent defendin+ itself

from suits and this %ould preent it for performin+ it other functions.

A. A suit is a+ainst the /tate re+ardless of %ho is named the defendant if:

*t produces aderse conseuences to the public treasury in terms of

disbursement of public funds and loss of +oernment property.

cannot prosper unless the /tate has +ien its consent

2. *n the follo%in+ cases, it %as held that the suit is not a+ainst the /tate:

a! 7hen the purpose of the suit is to compel an officer char+ed %ith the duty of ma'in+

payments pursuant to an appropriation made by la% in faor of the plaintiff to ma'e

such payment, since the suit is intended to compel performance of a ministerial duty.

b! 7hen from the alle+ations in the complaint, it is clear that the respondent is a public

officer sued in a priate capacity#

c! %hen the action is not in personam %ith the +oernment as the named defendant, but

an action in rem that does not name the +oernment in particular.

C. HOW THE STATE3S CONSENT TO 2E SUED IS ,IVENG

. E+&ress *onsent - *t is effected only by the %ill of the le+islature throu+h the medium

of a duly enacted statute.

0a) %e em%o$ie$ eit!er in a7


21/76

eneral La% - authoriHes any person %ho meets the conditions stated in the la%

to sue the +oernment in accordance %ith the procedure in the la%.

/pecial La% - may come in the form of a priate bill authoriHin+ a named

indiidual to brin+ suit on a special claim.

$. Im&(ie$ *onsent - %hen the /tate enters into a business contract or itself

commences liti+ation.

/tate may only be liable for proprietary acts (&ure +estioni! and not for soerei+n

acts (&ure imperii!

7hen state files complaint, suability %ill result only %here the +oernment is

claimin+ affirmatie relief from the defendant

7hen it %ould be ineuitable for the /tate to ino'e its immunity

- *n instances %hen the /tate ta'es priate property for public use or purpose.

WHEN DOES LIA2ILIT8 ATTACHG

The oernment is only liable for the acts of its a+ents, officers and employees,

%hen they act as special a+ents %ithin the meanin+ of (A?T. $= (0! CC!.

/pecial a+ent

- 2ne %ho receies a definite and fi4ed order or commission, forei+n to the

e4ercise of the duties of his office if he is a special official.

- This concept does not apply to any e4ecutie a+ent %ho is an employee of

the actie administration and %ho on his o%n responsibility performs the

functions %hich are inherent in and naturally pertain to his office and %hich

are re+ulated by la% and the re+ulations

7hen the oernment creates a corporation, it inariably proides thiscorporation a separate entity and %ith the capacity to sue and be sued.

Consent to be sued includes actions based on uasi-delict een thou+h

committed by re+ular, and not special, a+ents.


22/76

?ule: a +oernment entity can be sued for tort, but if it is, it can ino'e the

defense that it acted throu+h its re+ular employee, and not throu+h a special

a+ent.

The principle of /tate immunity from suit does not apply %hen the relief

demanded reuires no affirmatie official action on the part of the /tate on the

affirmatie dischar+e of any obli+ation %hich belon+s to the /tate in its political

capacity, een thou+h the officers or a+ents %ho are made defendants claim to

hold or act only by irtue of a title of the /tate and as its a+ents and serants

SUITS VS. THE PHILIPPINE STATE

SA8SON "s. SIN,SON

The claim is oid for the cause or consideration is contrary to la%, morals or public

policy, mandamus is not the remedy to enforce the collection of such claim a+ainst the

/tate but a ordinary action for specific performance. The suit dis+uised as one for

mandamus to compel the Auditors to approe the ouchers for payment, is a suit

a+ainst the /tate, %hich cannot prosper or be entertained by the Court e4cept %ith the

consent of the /tate. *n other %ords, the respondent should hae filed his claim %ith the

eneral Auditin+ 2ffice, under the proisions of Com. Act 1$; %hich prescribe the

conditions under %hich money claim a+ainst the +oernment may be filed:"*n all cases

inolin+ the settlement of accounts or claims, other than those of accountable officers,

the Auditor eneral shall act and decide the same %ithin si4ty days, e4clusie of

/undays and holidays, after their presentation. *f said accounts or claims needreference to other persons, office or offices, or to a party interested, the period aforesaid

shall be counted from the time the last comment necessary to a proper decision is

receied by him."

Thereafter, the procedure for appeal is indicated: "The party a++rieed by the final

decision of the Auditor eneral in the settlement of an account or claim may, %ithin

thirty days from receipt of the decision, ta'e an appeal in %ritin+: (a! To the resident of

the Dnited /tates, pendin+ the final and complete %ithdra%al of her soerei+nty oer the

hilippines, or (b! To the resident of the hilippines, or (c! To the /upreme Court of the

hilippines if the appellant is a priate person or entity."

On*e *onsent is se*ure$# an a*tion ma) %e 'i(e$ . There is nothin+ to preent the

/tate, ho%eer, in such statutory +rant, to reuire that certain administratie

proceedin+s be had and be e4hausted. Also, the proper forum in the &udicial hierarchy

can be specified if thereafter an appeal %ould be ta'en by the party a++rieed. Bere,

there %as no rulin+ of the Auditor eneral. 9en had there been such, the court to


23/76

%hich the matter should hae been eleated is this Tribunal# the lo%er court could not

le+ally act on the matter.

REPU2LIC "s. PURISI0A

/C ruled that the /tate could not be sued for a breach of contract bet%een the ?ice andCorn Administration and the Oello% Gall Frei+ht Lines because no statute has been

made %hich %ill sho% that consent is +ien. 7B9?9F2?9, the petitioner for certiorari

is +ranted and the resolution of 2ctober 8,


24/76

not disputed that said appellant is entitled to the refund of such e4penses %ith the ri+ht

to retain the essel until he has been reimbursed therefore. As it is by the corrected acts

of defendant and interenor ?epublicof the hilippines that the appellant ha a lien far

his e4penses, appellees Froilan, Compania Maratma, and the ?epublic of the

hilippines are declared liable for the reimbursement to appellant of its le+itimate

e4penses, as allo%ed by la%, %ith le+al interest from the time of disbursement.

TORIO "s. FONTANILLA

Dnder hilippine la%s, municipalities are political bodies endo%ed %ith the faculties of

municipal corporations to be e4ercised by and throu+h their respectie municipal

+oernments in conformity %ith la%, and in their proper corporate name, they may inter

alia sue and be sued, and contract and be contracted %ith.

The po%ers of a municipality are t%o-fold in character: public, +oernmental or political

on the one hand# and corporate, priate, or proprietary on the other. oernmental

po%ers are those e4ercised by the corporation in administerin+ the po%ers of the state

and promotin+ the public %elfare. These include the le+islatie, &udicial public, and

political. Municipal po%ers, on the other hand, are e4ercised for the special benefit and

adanta+e of the community. These include those %hich are ministerial, priate and

corporate.

This distinction of po%ers are necessary in determinin+ the liability of the municipality

for the acts of its a+ents %hich result in in&ury to third persons.

*f the in&ury is caused in the course of the performance of a +oernmental functionNduty,

no recoery can be had from the municipality unless there is an e4istin+ statute on the

matter, nor from its officers, so lon+ as they performed their duties honestly and in +ood

faith or that they did not act %antonly and maliciously.

7ith respect to proprietary functions, the settled rule is that a municipal corporation can

be held liable to third persons e4 contract or e4 delicto. They may also be sub&ect to suit

upon contracts and its tort.

SUITS VS. FOREI,N STATES

HOL8 SEE "s. ROSARIO

T!e Re&u%(i* o' t!e P!i(i&&ines !as a**or$e$ t!e Ho() See t!e status o' a 'oreign

so"ereign. The Boly /ee, throu+h its Ambassador, the apal uncio, has had


25/76

diplomatic representations %ith the hilippine +oernment since


26/76

riate respondent can as' the hilippine +oernment, throu+h the Forei+n 2ffice, to

espouse its claims a+ainst the Boly /ee. *ts first tas' is to persuade the hilippine

+oernment to ta'e up %ith the Boly /ee the alidity of its claims. 2f course, the

Forei+n 2ffice shall first ma'e a determination of the impact of its espousal on the

relations bet%een the hilippine +oernment and the Boly /ee (Ooun+, ?emedies of

riate Claimants A+ainst Forei+n /tates, /elected ?eadin+s on rotection by La% of

riate Forei+n *nestments


27/76

wit! %(anJet $i&(omati* immunit) 'rom *i"i( an$ *rimina( suits . *ndeed, the main

yardstic' in ascertainin+ %hether a person is a diplomat entitled to immunity is the

determination of %hether or not he performs duties of diplomatic nature. Gein+ an

Attache, /calHo)s main function is to obsere, analyHe and interpret trends and

deelopments in their respectie fields in the host country and submit reports to their

o%n ministries or departments in the home +oernment. Be is not +enerally re+arded as

a member of the diplomatic mission. 2n the basis of an erroneous assumption that

simply because of the diplomatic note, diestin+ the trial court of &urisdiction oer his

person, his diplomatic immunity is contentious.

Un$er t!e re(ate$ $o*trine o' State Immunit) 'rom Suit# t!e &re*e&t t!at a State

*annot %e sue$ in t!e *ourts o' a 'oreign state is a (ong/stan$ing ru(e o'

*ustomar) internationa( (aw. I' t!e a*ts gi"ing rise to a suit are t!ose o' a 'oreign

go"ernment $one %) its 'oreign agent# a(t!oug! not ne*essari() a $i&(omati*

&ersonage# %ut a*ting in !is o''i*ia( *a&a*it)# t!e *om&(aint *ou($ %e %arre$ %)t!e immunit) o' t!e 'oreign so"ereign 'rom suit wit!out its *onsent. Suing a

re&resentati"e o' a state is %e(ie"e$ to %e# in e''e*t# suing t!e state itse('. The

proscription is not accorded for the benefit of an indiidual but for the /tate, in %hose

serice he is, under the ma4im S par in parem, non habet imperium S that all states are

soerei+n euals and cannot assert &urisdiction oer one another. The implication is that

if the &ud+ment a+ainst an official %ould reuire the state itself to perform an affirmatie

act to satisfy the a%ard, such as the appropriation of the amount needed to pay the

dama+es decreed a+ainst him, the suit must be re+arded as bein+ a+ainst the state

itself, althou+h it has not been formally impleaded

A 'oreign agent# o&erating wit!in a territor)# *an %e *(oaJe$ wit! immunit) 'rom

suit %ut on() as (ong as it *an %e esta%(is!e$ t!at !e is a*ting wit!in t!e

$ire*ti"es o' t!e sen$ing state. T!e *onsent o' t!e !ost state is an in$is&ensa%(e

re;uirement o' %asi* *ourtes) %etween t!e two so"ereigns.

The Ibuy-bust operationJ and other such acts are indication that the hilippine

+oernment has +ien its imprimatur, if not consent, to the actiities %ithin hilippine

territory of a+ent /calHo of the Dnited /tates 6ru+ 9nforcement A+ency. *n conductin+

sureillance actiities on Minucher, later actin+ as the poseur-buyer durin+ the buy-bust

operation, and then becomin+ a principal %itness in the criminal case a+ainst Minucher,/calHo hardly can be said to hae acted beyond the scope of his official function or

duties.

REP. OF INDONESIA "s. VINON


28/76

T!e Su&reme Court on t!e matter ru(e$ t!at t!e re&u%(i* o' In$onesia *annot %e

$eeme$ to !a"e wai"e$ its immunit) to suit . T!e e+isten*e a(one o' a &aragra&!

in a *ontra*t stating t!at an) (ega( a*tion arising out o' t!e agreement s!a(( %e

sett(e$ a**or$ing to t!e (aws o' t!e P!i(i&&ines an$ %) a s&e*i'ie$ *ourt o' t!e

P!i(i&&ines is not ne*essari() a wai"er o' so"ereign immunit) 'rom suit. The

aforesaid proision contains lan+ua+e not necessarily inconsistent %ith soerei+n

immunity. 2n the other hand, such proision may also be meant to apply %here the

soerei+n party elects to sue in the local courts, or other%ise %aies its immunity by any

subseuent act. The applicability of hilippine la%s must be deemed to include

hilippine la%s in its totality, includin+ the principle reco+niHin+ soerei+n immunity.

Bence, the proper court may hae no proper action, by %ay of settlin+ the case, e4cept

to dismiss it.

T!e Court state$ t!at t!e u&Jee& o' its 'urnis!ings an$ e;ui&ment is sti(( &art

so"ereign 'un*tion o' t!e State. A so"ereign State $oes not mere() esta%(is! a$i&(omati* mission an$ (ea"e it at t!at> t!e esta%(is!ment o' a $i&(omati* mission

en*om&asses its maintenan*e an$ u&Jee&. Hen*e# t!e State ma) enter into

*ontra*ts wit! &ri"ate entities to maintain t!e &remises# 'urnis!ings an$

e;ui&ment o' t!e em%ass) an$ t!e (i"ing ;uarters o' its agents an$ o''i*ia(s. *t is

therefore clear that petitioner ?epublic of *ndonesia %as actin+ in pursuit of a soerei+n

actiity %hen it entered into a contract %ith respondent for the up'eep or maintenance

of the air conditionin+ units, +enerator sets, electrical facilities, %ater heaters, and %ater

motor pumps of the *ndonesian 9mbassy and the official residence of the *ndonesian

ambassador.

WHO "s. A=UINO

The e4ecutie branch of the hilippines has e4pressly reco+niHed that 3erstuyft is

entitled to diplomatic immunity, pursuant to the proisions of the Bost A+reement. The

6FA formally adised respondent &ud+e of the hilippine oernments official position.

The /olicitor eneral, as principal la% officer of the +oernment, li'e%ise e4pressly

affirmed said petitioners ri+ht to diplomatic immunity and as'ed for the uashal of the

search %arrant.

It re*ognie$ &rin*i&(e o' internationa( (aw an$ un$er our s)stem o' se&aration o'&owers t!at $i&(omati* immunit) is essentia(() a &o(iti*a( ;uestion an$ *ourts

s!ou($ re'use to (ooJ %e)on$ a $etermination %) t!e e+e*uti"e %ran*! o'

go"ernment# an$ w!ere t!e &(ea o' $i&(omati* immunit) is re*ognie$ %) t!e

e+e*uti"e %ran*! o' t!e go"ernment as in t!e *ase at %ar# it is t!en t!e $ut) o' t!e

*ourts to a**e&t t!e *(aim o' immunit) u&on a&&ro&riate suggestion %) t!e

&rin*i&a( (aw o''i*er o' t!e go"ernment# t!e So(i*itor ,enera( in t!is *ase# or ot!er


29/76

o''i*er a*ting un$er !is $is*retion. Courts may not so e4ercise their &urisdiction by

seiHure and detention of property, as to embarrass the e4ecutie arm of the +oernment

in conductin+ forei+n relations.

The Court, therefore, holds the respondent &ud+e acted %ithout &urisdiction and %ith

+rae abuse of discretion in not orderin+ the uashal of the search %arrant issued by

him in disre+ard of the diplomatic immunity of petitioner 3erstuyft.

SUITS "s. PU2LIC OFFICERS

USA "s. RE8ES

6octrine of state immunity is e4pressed in Art. P3*, /ec. 1 of the


30/76

%een t!at a(( go"ernment 'un$s $e&osite$ in t!e PN2 or an) ot!er o''i*ia(

$e&ositar) o' t!e P!i(i&&ine ,o"ernment %) an) o' its agen*ies or

instrumenta(ities# w!et!er %) genera( or s&e*ia( $e&osit# remain go"ernment

'un$s an$ ma) not %e su%6e*t to garnis!ment or (e")# in t!e a%sen*e o' a

*orres&on$ing a&&ro&riation as re;uire$ %) (aw. E"en t!oug! t!e ru(e as to

immunit) o' a state 'rom suit is re(a+e$# t!e &ower o' t!e *ourts en$s w!en t!e

6u$gment is ren$ere$. A(t!oug! t!e (ia%i(it) o' t!e state !as %een 6u$i*ia(()

as*ertaine$# t!e state is at (i%ert) to $etermine 'or itse(' w!et!er to &a) t!e

6u$gment or not# an$ e+e*ution *annot issue on a 6u$gment against t!e state.

/uch statutes do not authoriHe a seiHure of state property to satisfy &ud+ments

recoered, and only coney an implication that the le+islature %ill reco+niHe such

&ud+ment as final and ma'e proision for the satisfaction thereof. Bo%eer, the rule is

not absolute and admits of a %ell-defined e4ception, that is, %hen there is a

correspondin+ appropriation as reuired by la%.

*n such a case, the monetary &ud+ment may be le+ally enforced by &udicial processes.

Berein, the City Council of Caloocan already approed and passed 2rdinance o.

18, /eries of


31/76

la! and a regime of truth, justice, freedom, love, e"uality, and peace, do

ordain and promulgate this Constitution.J

2. PRINCIPLES AND POLICIES 9Arti*(e II# PHILIPPINE CONSTITUTION:

PA2LO OCA0PO "s. HOUSE OF REPRESENTATIVES ELECTORAL TRI2UNAL

5urisprudence has lon+ established the doctrine that a se*on$ &(a*er *annot %e

&ro*(aime$ t!e 'irst among t!e remaining ;ua(i'ie$ *an$i$ates in t!e e"ent t!at

t!e !ig!est earner o' "otes is $is;ua(i'ie$. T!e 'a*t t!at t!e *an$i$ate w!o

o%taine$ t!e !ig!est num%er o' "otes is (ater $e*(are$ to %e $is;ua(i'ie$ or not

e(igi%(e 'or t!e o''i*e to w!i*! !e was e(e*te$ $oes not ne*essari() gi"e t!e

*an$i$ate w!o o%taine$ t!e se*on$ !ig!est num%er o' "otes t!e rig!t to %e

$e*(are$ t!e winner o' t!e e(e*ti"e o''i*e. Further, /ection 0 of ?.A. o. 0080 and

section ;$ of the 2mnibus 9lection Code reuire a final &ud+ment before the election for

the otes of a disualified candidate to be considered Istray.J Bence, %hen a candidate

has not yet been disualified by final &ud+ment durin+ the 9lection 6ay and %as oted

for, the otes cast in his faor cannot be declared stray. To do so %ould amount to

disenfranchisin+ the electorate in %hom soerei+nty resides. The obious rationale

behind the fore+oin+ rulin+ is that in otin+ for a candidate %ho has not been

disualified by final &ud+ment durin+ the election day, the people oted for him bona

fide, %ithout any intention to misapply their franchise, and in the honest belief that the

candidate %as then ualified to be the person to %hom they %ould entrust the e4erciseof the po%ers of +oernment.

VILLAVICENCIO "s. LU2AN 9LAND0AR CASE:

I#urs is a government of $AW%, and not of &'(..J

La% defines po%er. No o''i*ia(# no matter !ow !ig!# is a%o"e t!e (aw. Lu'ban

committed a +rae abuse of discretion by deportin+ the prostitutes to a ne% domicile

a+ainst their %ill. There is no la% e4pressly authoriHin+ his action. 2n the contrary, there

is a la% punishin+ public officials, not e4pressly authoriHed by la% or re+ulation, %hocompels any person to chan+e his residence Furthermore, t!e &rostitutes are sti((# as

*itiens o' t!e P!i(i&&ines# entit(e$ to t!e same rig!ts# as sti&u(ate$ in t!e 2i(( o'

Rig!ts# as e"er) ot!er *itien. T!eir *!oi*e o' &ro'ession s!ou($ not %e a *ause

'or $is*rimination. *t may ma'e some, li'e Lu'ban, uite uncomfortable but it does not

authoriHe anyone to compel said prostitutes to isolate themseles from the rest of the

human race. These %omen hae been depried of their liberty by bein+ e4iled to 6aao


32/76

%ithout een bein+ +ien the opportunity to collect their belon+in+s or, %orse, %ithout

een consentin+ to bein+ transported to Mindanao. For this, Lu'ban et al must be

seerely punished

A,USTIN "s. EDU

/uch early %arnin+ deice reuirement is not an e4pensie redundancy, nor oppressie,

for car o%ners %hose cars are already euipped %ith ! blin'in+-li+hts in the fore and

aft of said motor ehicles,) $! battery-po%ered blin'in+ li+hts inside motor ehicles,) 1!

built-in reflectoriHed tapes on front and rear bumpers of motor ehicles,) or 8! %ell-

li+hted t%o ($! petroleum lamps (the @in'e! . . . because: Gein+ uniersal amon+ the

si+natory countries to the said


33/76

&ros&erit) o' t!e state. /hortly after independence in


34/76

oernment e4cusable should there be no sufficient men %ho olunteer to enlist there

in. The ri+ht of the oernment to reuire compulsory military serice is a conseuence

of its duty to defend the /tate and is reciprocal %ith its duty to defend the life, liberty,

and property of the citiHen. *n the case of 5acobson s. Massachusetts (


35/76

7hat is reco+niHed in /ection $0, Article ** of the Constitution is merely a priile+e

sub&ect to limitations imposed by la%U *t neither besto%s such a ri+ht nor eleates the

priile+e to the leel of an enforceable ri+ht. There is nothin+ in the plain lan+ua+e of

the proision %hich su++ests such a thrust or &ustifies an interpretation of the sort.

T!e


36/76

+reater the number of candidates, the +reater the opportunities for lo+istical confusion,

not to mention the increased allocation of time and resources in preparation for the

election. The or+aniHation of an election %ith bona fide candidates standin+ is onerous

enou+h. To add into the mi4 candidates %ith no serious intentions or capabilities to run a

iable campai+n %ould actually impair the electoral process. This is not to mention the

candidacies %hich are palpably ridiculous so as to constitute a one-note &o'e. The poll

body %ould be bo++ed by irreleant minutiae coerin+ eery step of the electoral

process, most probably posed at the instance of these nuisance candidates. *t %ould be

a senseless sacrifice on the part of the /tate.

The uestion of %hether a candidate is a nuisance candidate or not is both le+al and

factual. The basis of the factual determination is not before this Court. Thus, the remand

of this case for the reception of further eidence is in order. The /C remanded to the

C2M9L9C for the reception of further eidence, to determine the uestion on %hether

petitioner 9lly 3eleH Lao amaton+ is a nuisance candidate as contemplated in /ection0< of the 2mnibus 9lection Code.

SI0ON "s. CHR

The issuance of an "order to desist" is not %ithin the e4tent of authority and po%er of the

CB?. Article P***, /ection =(!, proides the po%er and functions of the CB? to

"inesti+ate, on its o%n or on complaint by any part, all forms of human ri+hts iolation,

inolin+ ciil and political ri+hts".

T!e


37/76

IThe petitioner has sho%n no satisfactory reason %hy the contested measure should be

nullified. There is no uestion that 6epartment 2rder o. applies only to "female

contract %or'ers," but it does not thereby ma'e an undue discrimination bet%een the

se4es. *t is %ell-settled that "euality before the la%" under the Constitution does not

import a perfect *dentity of ri+hts amon+ all men and %omen. *t admits of classifications,

proided that (! such classifications rest on substantial distinctions# ($! they are

+ermane to the purposes of the la%# (1! they are not confined to e4istin+ conditions# and

(8! they apply eually to all members of the same class.

The Court is satisfied that the classification made-the preference for female %or'ers K

rests on substantial distinctions.

UP 2OR "s. CA

Legis(ature !as esta%(is!e$ s&e*i'i* e+*e&tions to t!e e+*(usi"e aut!orit) o' t!e

Ci"i( Ser"i*e Commissioner# %) (o$ging in "arious entities# t!e &ower o"er t!eir

em&(o)ees. 2ne instance is the D Charter, /ection 0(e!, %hich ested in the Goard of

?e+ents, the po%er to appoint, to fi4 employee compensation and to remoe them for

cause after an inesti+ation and hearin+. The e4istence of these e4ceptions to the

+eneral &urisdiction of the Ciil /erice Commissioner is also confirmed by the Ciil

/erice La% of


38/76

and %ere satisfied %ith the %ay the inesti+ation %as conducted# and the Court of

Appeals also e4plicitly stated in its decision that it did not find any iolation of the

substantie ri+hts of the respondents.

7hether the final decision should be made by the Ciil /erice Commissioner and on

appeal by the Ciil /erice Goard of Appeals, or by the resident of the Dniersity and

its Goard of ?e+ents, does not in any %ay impair any of the substantial ri+hts of the

respondents. Bo%eer, the autonomy necessary to the fulfillment of the educational and

academic mission of the Dniersity demands that the administratie decision of its

authorities be made final as to its employees, there bein+ no statutory or administratie

proision to the contrary. Thus, the resident and Goard of ?e+ents of the Dniersity of

the hilippines possess full and final authority in the disciplinin+, suspension and

remoal of the ciil serice employees of the Dniersity, includin+ those of the hilippine

eneral Bospital, independently of the Commissioner of Ciil /erice and the Ciil

/erice Goard of Appeals.

VIII. THE E-ERCISE OF ,OVERN0ENT POWERS

IN RE7 LAURETA AND 0ARAVILLA

A letter indiidually addressed to some &ustices of the /upreme Court is not coered by

the constitutional ri+ht to Ipriacy of communicationJ %hen the same pertain to their

e4ercise of &udicial functions.

To sub&ect the threat and ordeal of inesti+ation and prosecution, a &ud+e, more so a

member of the /upreme Court for official acts done by him in +ood faith and in the

re+ular e4ercise of official duty and &udicial functions is to subert and undermine that

ery independence of the &udiciary, and subordinate the &udiciary to the e4ecutie. IFor

it is a genera( &rin*i&(e o' t!e !ig!est im&ortan*e to t!e &ro&er a$ministration o'

6usti*e t!at a 6u$i*ia( o''i*er e+er*ising t!e aut!orit) "este$ in !im# s!a(( %e 'ree

to a*t u&on !is own *on"i*tions# wit!out a&&re!ension o' &ersona(

*onse;uen*es to !imse('. Lia%i(it) to answer to e"er)one w!o mig!t 'ee( !imse('

aggrie"e$ %) t!e a*tion o' t!e 6u$ge wou($ %e in*onsistent wit! t!e &ossession o't!is 'ree$om# an$ wou($ $estro) t!at in$e&en$en*e wit!out w!i*! no 6u$i*iar)

*an %e eit!er res&e*ta%(e or use'u(J. (Gradley s. Fisher, = D./. 11!.

INS "s. CHADHA


39/76

The Act iolated e4plicit constitutional standards of la%ma'in+ and con+ressional

authority.

The Bouse too' action that had the purpose and effect of alterin+ the le+al ri+hts, duties

and re+ulations of persons, includin+ the Attorney eneral, 94ecutie Granch officials

and Chadha, all outside of the le+islatie branch. 7hen the Bouse ta'es such actions it

must comply %ith the reuirements of Article * re+ardin+ bicameralism and presentment.

Con+ress made a deliberate choice to dele+ate to the 94ecutie Granch, the authority to

allo% deportable aliens to remain in this country in certain specified circumstances.

Con+ress may dele+ate authority, but once it does so it must abide by its decision until

that dele+ation is le+islatiely altered or reo'ed.

ARNAULT "s. 2ALA,TAS

*t is the inherent ri+ht of the /enate to impose penalty in carryin+ out their duty to

conduct inuiry in aid of le+islation. Gut it must be herein established that a %itness %ho

refuses to ans%er a uery by the Committee may be detained durin+ the term of the

members imposin+ said penalty but the detention should not be too lon+ as to iolate

the %itness) ri+ht to due process of la%.

,ARCIA "s. E-ECUTIVE SECRETAR8

Dnder /ection $8, Article 3* of the Constitution, the enactment of appropriation, reenue

and tariff bills, li'e all other bills is, of course, %ithin the proince of the Le+islatie rather

than the 94ecutie 6epartment. *t does not follo%, ho%eer, that therefore 94ecutie

2rders os. 8; and 8;=, assumin+ they may be characteriHed as reenue measures,

are prohibited to be e4ercised by the resident, that they must be enacted instead by

the Con+ress of the hilippines.

/ection $=($! of Article 3* of the Constitution proides as follo%s:

I)* +he Congress may, by la!, authorie the -resident to fi !ithin specified

limits, and subject to such limitations and restrictions as it may impose, tariff

rates, import and eport "uotas, tonnage and !harfage dues, and other duties or

imposts !ithin the frame!ork of the national development program of the

overnment.J

There is thus e4plicit constitutional permission to Con+ress to authoriHe the resident

Isub&ect to such limitations and restrictions as Con+ressR may imposeJ to fi4 I%ithin

specific limitsJ Itariff rates . . . and other duties or imposts . . . .J *n this case, it is the

Tariff and Customs Code %hich authoriHed the resident ot issue the said 92s.


40/76

US "s. TAN, HO

First of, An+ Tan+ Bo)s coniction must be reersed because he committed the act prior

to the publication of the 92. Bence, !e *annot %e e+ &ost 'a*to *!arge$ o' t!e

*rime. Furt!er# one *annot %e *on"i*te$ o' a "io(ation o' a (aw or o' an or$er

issue$ &ursuant to t!e (aw w!en %ot! t!e (aw an$ t!e or$er 'ai( to set u& anas*ertaina%(e stan$ar$ o' gui(t.

Anent t!e issue o' un$ue $e(egation# t!e sai$ A*t w!o(() 'ai(s to &ro"i$e $e'inite()

an$ *(ear() w!at t!e stan$ar$ &o(i*) s!ou($ *ontain# so t!at it *ou($ %e &ut in use

as a uni'orm &o(i*) re;uire$ to taJe t!e &(a*e o' a(( ot!ers wit!out t!e

$etermination o' t!e insuran*e *ommissioner in res&e*t to matters in"o("ing t!e

e+er*ise o' a (egis(ati"e $is*retion t!at *ou($ not %e $e(egate$# an$ wit!out w!i*!

t!e a*t *ou($ not &ossi%() %e &ut in use. The la% must be complete in all its terms

and proisions %hen it leaes the le+islatie branch of the +oernment and nothin+

must be left to the &ud+ment of the electors or other appointee or dele+ate of thele+islature, so that, in form and substance, it is a la% in all its details in presenti, but

%hich may be left to ta'e effect in future, if necessary, upon the ascertainment of any

prescribed fact or eent.

CONFERENCE "s. POEA

The constitutional challen+e of the rule-ma'in+ po%er of the 29A based on

impermissible dele+ation of le+islatie po%er had been, as correctly contented by the

public respondents, brushed aside by this Court in 9astern /hippin+ Lines, *nc. s.

29A.

The +oernin+ Goard of the Administration (29A! shall promul+ate the necessary rules

and re+ulations to +oern the e4ercise of the ad&udicatory functions of the

Administration (29A!.

To many of the problems attendant upon present-day underta'in+s, the le+islature may

not hae the competence to proide the reuired direct and efficacious not to say,

specific solutions. These solutions may, ho%eer, be e4pected from its dele+ates, %ho

are supposed to be e4perts in the particular fields assi+ned to them.

W!i(e t!e maJing o' (aws is a non/$e(ega%(e &ower t!at &ertains e+*(usi"e() toCongress# ne"ert!e(ess# t!e (atter ma) *onstitutiona(() $e(egate t!e aut!orit) to

&romu(gate ru(es an$ regu(ations to im&(ement a gi"en (egis(ation an$ e''e*tuate

its &o(i*ies# 'or t!e reason t!at t!e (egis(ature 'in$s it im&ra*ti*a%(e# i' not

im&ossi%(e# to anti*i&ate situations t!at ma) %e met in *arr)ing t!e (aw into e''e*t.

A(( t!at is re;uire$ is t!at t!e regu(ation s!ou($ %e germane to t!e o%6e*ts an$


41/76

&ur&oses o' t!e (aw> t!at t!e regu(ation %e not in *ontra$i*tion to %ut in

*on'ormit) wit! t!e stan$ar$s &res*ri%e$ %) t!e (aw.

That the challen+ed resolution and memorandum circular, %hich merely further

amended the preious Memorandum Circular o. $, strictly conform to the sufficient

and alid standard of "fair and euitable employment practices" prescribed in 9.2. o.;


42/76

Term o' O''i*e: 0 years, commencin+ at noon on the 1th day of 5une ne4t

follo%in+ their election

Term Limits: only up to $ consecutie terms. Bo%eer, they may sere for more

than $ terms proided that the terms are not consecutie.

b. House o' Re&resentati"es 9Art. VI# Se*s. /:

Com&osition: ot more than $ members, unless other%ise proided by la%,

consistin+ of:

Distri*t Re&resentati"es

9lected from le+islatie districts apportioned amon+ the proinces, cities, and the

Metro Manila area.

Ru(es on A&&ortionment o' Legis(ati"e Distri*ts:

roportional representation based on number of inhabitants

a. 9ach city %ith a population of at least $,, or each proince, shall hae at least

representatie. 9ach proince, irrespectie of the number of inhabitants, shall hae at

least representatie.

b. 9ach le+islatie district shall comprise, as far as practicable, conti+uous, compact,

and ad&acent territory.

?e-apportionment by Con+ress %ithin 1 years after the return of each census.

Part)/List Re&resentati"es

$V of the total number of representaties

Chosen indirectly throu+h a party selected by oters

?A ;


43/76

. reli+ious sects

$. forei+n or+aniHations

1. those adocatin+ iolence or unla%ful means

=ua(i'ie$ Se*tors:

. Labor

$. easant

1. Fisherfol'

8. Drban poor

. indi+enous cultural communities

0. elderly

;. handicapped

=. %omen


44/76

=! The nominee must be able to contribute to the formulation and enactment of

appropriate le+islation that %ill benefit the nation.

Se*tora( Re&resentati"es

For 1 consecutie terms from $ February


45/76

impeach

deriatie and dele+ated po%er

implied po%ers such as the po%er to punish contempt in le+islatie inesti+ations

$. /pecific o%ers

a. Constituent &ower - o%er to propose amendments to the Constitution

b. Legis(ati"e In;uiries - (/ec $, Art 3*!

?euisites:

- Must be in aid of le+islation- *n accordance %ith duly published rules of procedure- ?i+ht of persons appearin+ in or affected by such inuiries shall be respected-

c. A&&ro&riationS

eneral Limitations:

- Appropriations must be for a DGL*C D?2/9- Cannot appropriate public funds or property, directly or indirectly, in faor of:

a. Any sect, church, denomination, or sectarian institution or system of reli+ion orb. Any priest, preacher, minister, or other reli+ious teacher or di+nitary as such.

E-CEPTif the priest, etc is assi+ned to:. The Armed Forces# or$. Any penal institution# or1. oernment orphana+e# or

8. Leprosarium- The +oernment is not prohibited from appropriatin+ money for a alid secularpurpose, een if it incidentally benefits a reli+ion, e.+. appropriations for a

national police force is alid een if the police also protects the safety of

cler+ymen.- Also, the temporary use of public property for reli+ious purposes is alid, aslon+ as the property is aailable for all reli+ions.

/pecific Limitations

- For eneral Appropriations Gills

Con+ress may not increase the appropriations recommended by theresident for the operation of the oernment as specified in the bud+et.

Form, content and manner of preparation of the bud+et shall be prescribed by

la%.

o proision or enactment shall be embraced in the +eneral appropriations

bill unless it relates specifically to some particular appropriation therein.


46/76

rocedure in approin+ appropriationsF2? TB9 C2?9// shall strictly follo% the procedure for approin+

appropriations for other departments and a+encies.o la% shall be passed authoriHin+ any transfer of appropriations. Bo%eer,The follo%in+ may, GO LA7, be authoriHed to ADM9T any item in the

+eneral appropriations la% for their respectie offices from sain+s in otheritems of their respectie appropriations:. resident$. /enate resident1. /pea'er of the Bouse8. Chief 5ustice of the /upremeCourt. Beads of the ConstitutionalCommissions

- 6iscretionary funds appropriated F2? A?T*CDLA? 2FF*C*AL/ shall be

disbursed only:

FOR PU2LIC PURPOSESTo be supported by appropriate ouchers sub&ect to such +uidelines as may beprescribed by la%.

o public money or property shall be appropriated if Con+ress fails to pass the

+eneral appropriations bill by the end of anyfiscal year:

QThe +eneral appropriations bill for the preious year is deemed reenacted.

Q*t shall remain in force and effect until the +eneral appropriations bill is passedby Con+ress.

- For /pecial Appropriations Gill

Q/hall specify the purpose for %hich it is intended.

Q/hall be supported by funds actually aailable as certified by the ationalTreasurer or to be raised by correspondin+ reenue proposal therein.

- Limitation on Dse of ublic Funds (/ec $


47/76

-Gud+et e4ecution-Gud+et accountability

d. Ta+ation - (/ec $=, Art 3*!

ature- /ec $= is an enumeration of the limits on the inherent and other%ise

unlimited po%er.

urpose

- ay debts and proide for the common defense and +eneral %arfare- ?aise reenue- *nstrument of national and social policy- *nstrument for e4termination of undesirable acts and enterprises- Tool for re+ulation- *mposition of tariffs desi+ned to encoura+e and protect locally produced

+oods a+ainst competition for imports.

Limitationso Pu%(i*. o%er to ta4 should be e4ercised only for a public purpose

o Uni'orm an$ E;uita%(e.

- 2perates %ith the same force and effect in eery place %here the sub&ect of it

is found.- 6oes not prohibit classification for the purpose of ta4ation.- ?euirements for alid classification:

QGased on substantial distinctions %hich ma'e real differences.Qermane to the purpose of la%.QApplies to present and future conditions substantially identical to those of the

present.QApplies eually to those %ho belon+ to the same class.

o Progressi"it)

- The rate increases as the ta4 base increases.- Ta4 burden is based on the ta4payers) capacity to pay- /uited to the social conditions of the people.- ?eflects aim of the Conention that le+islature follo%in+ social &ustice command

should use ta4ation as an instrument for more euitable distribution of %ealth.o Constitutiona( Ta+ E+em&tions7

- ?eli+ious, charitable, educational institutions and their properties.- All reenues and assets of 2-/T2C@ 2- ?2F*T 96DCAT*2AL

institutions are e4empt from ta4es and duties ?23*696 that such reenuesand assets are ACTDALLO, 6*?9CTLO and 9PCLD/*39LO used for educational

purposes. /ec.8 (1! Art P*3R- rants, endo%ments, donations or contributions used actually, directly and

e4clusiely for educational purposes shall be e4empt from ta4, sub&ect to

conditions prescribed by la% /ec. 8 (8! Art P*3Ro /pecial Funds


48/76


49/76

E+*e&tions7

. 6ele+ation of tariff po%ers to the resident Art 3* sec. $=($!R.1. 6ele+ation of emer+ency po%ers to the resident Art 3* sec. $1($!R.?. 6ele+ation to the people at lar+e.

@. 6ele+ation to local +oernments. 6ele+ation to administratie bodies (rule ma'in+ po%er!

Tests 'or a Va(i$ De(egation

. T!e Com&(eteness Test

- The la% must be complete in all its terms and conditions %hen it leaes the le+islature

so that there %ill be nothin+ left for the dele+ate to do %hen it reaches him e4cept

enforce it.

1. T!e Su''i*ient Stan$ar$ Test

- The la% must fi4 a standard, the limits of %hich are sufficiently determinate or

determinable, to %hich the dele+ate must conform in the performance of his functions.

2. THE E-ECUTIVE 2RANCH 9ARTICLE VII# PHILIPPINE CONSTITUTION:

THE PRESIDENT

. >ualifications, election, term and oath

>ualifications /ec. $, Art 3**Qnatural-born citiHen of the hilippinesQa re+istered oterQable to read and %riteQat least forty years of a+e on the day of the electionQa resident of the hilippines for at least ten years immediately precedin+ such

election.W residency and domicile mean the same thin+ under election la%W The ff must be ta'en into consideration:. bodily presence$. animus manendi

1. animus reertendiQ The candidate must be ualified on the day of the elections.

Term and 9lection /ec. 8, Art 3**Q elected by direct ote of the peopleQ unless other%ise proided by la%, the re+ular election for resident and 3ice-

resident shall be held on the second Monday of May.


50/76

/uccessionQ 3acancy in the residencyT%o sets of rules in succession:(! acancy too' place before the be+innin+ of the term on 5une 1($! acancy durin+ the pendency of the terms that commences on 5une 1

Tem&orar) or &ermanent "a*an*) in t!e Presi$en*) %e'ore t!e term

. *f the resident-elect cannot assume his post at the be+innin+ of his term because

i! he has not ualified as yet ( e.+. he had an operation and so he could not ta'e his

oath of office on 5une 1!,

ii! or a resident has not been "chosen" and ualified as yet (e.+. there is a tie and

Con+ress has not yet bro'en the tie!

Then the 3ice-resident shall act as resident until the resident-elect shall hae

ualified, or shall hae been "chosen: and ualified, as the case may be. (pars. $ 1,

sec ;, ar 3**!.

$. *f the resident-elect

i! dies, or

ii! becomes permanently disabled "at the be+innin+ of the term of the resident" (i.e.,

before the term!

Then the 3ice-resident elect shall become the resident. (par. 8,/ec ;, Art 3**!.

1. *f both resident and 3ice-resident

(i! hae not been "chosen" or

(ii! hae not ualified, or

(iii! die, or

(i! become permanently disabled

Then the resident of the /enate, or in case of his inability, the /pea'er of the Bouse,

shall act as resident until a resident or a 3ice-resident shall hae been "chosen"

and ualified.

*n case both the resident of the /enate and the /pea'er of the Bouse are unable to

act as resident, then Con+ress shall by la%, proide for the "manner of selectin+" the


51/76

one %ho %ill act as resident until a resident of 3ice-resident shall hae (been either

"chosen" or "elected" pursuant to the special election referred to in 3**, , and

ualified.

Permanent Va*an*) in t!e Presi$en*) $uring t!e term

. *n case of the residents

(i! death

(ii! permanent disability,

(iii! remoal from office (the only %ay is by impeachment!, or

(i! resi+nation

the 3ice-resident shall become resident for the une4pired portion

of the term. (par. !

$. *n case of both the residents and 3ice-residents

(i! death

(ii! permanent disability

(iii! remoal from office (by impeachment!

(i! resi+nation

The /enate resident or, in case of his inability, the /pea'er of the Bouse, shall act as

resident until the resident or 3ice-resident shall hae been "elected" (pursuant to

the special election in Art.3**, /ec. ! and ualified. (par. .!

1. 7hen the Actin+ resident (i.e., the /enate resident, or /pea'er of the Bouse!

(i! dies

(ii! becomes permanently disabled

(iii! resi+ns (but is not remoed, because there is no need to impeach him, his staybein+ temporary! then the Con+ress shall by la%, proide "%ho" shall be Actin+

resident until the resident or 3ice-resident shall hae been "elected" (pursuant to

the special election in Art. 3**, /ec. ! and ualified. This Actin+ resident shall be

sub&ect to the same restrictions of po%ers and disualifications. (par. $!


52/76

Tem&orar) Va*an*) in t!e Presi$en*) $uring t!e term

Q A acancy in the residency arisin+ from his disability can occur in any of the ff %ays:

. A %ritten declaration by the resident

$. 7ritten declaration by the Cabinet

1. Findin+ by Con+ress by $N1 ote that the resident is disabled.

*n all these cases, the 3ice-resident temporarily acts as the resident.

Q Vo(untar) $e*(aration o' ina%i(it) %) Presi$ent

a. 7hen the resident transmits to the /enate resident and the /pea'er his %ritten

declaration that he is unable to dischar+e the po%ers and duties of his office, suchpo%ers and duties shall be dischar+ed by the 3ice-resident as Actin+ resident.

b. The 3ice-resident shall so act until the resident transmits to the /enate resident

and the /pea'er a %ritten declaration that he is no lon+er unable to dischar+e his office.

Q Conteste$ ina%i(it) o' t!e Presi$ent

a. 7hen ma&ority of all the members of the Cabinet transmit to the /enate resident

and /pea'er their %ritten declaration that the resident is unable to dischar+e his office,

then the 3ice-resident shall immediately assume the residency in an actin+ capacity.

b. The resident can contest this by sendin+ his o%n %ritten declaration to the /enate

resident and /pea'er that no inability e4ists. Dpon such transmittal, the resident shall

automatically assume his office.

c. /hould the ma&ority of the Cabinet insist on their ori+inal stand by transmittin+ a

second %ritten declaration of the residents inability %ithin days from resumption of

office of the resident, then Con+ress shall step in.

d. Dpon receipt of this second declaration by the Cabinet, Con+ress shall conene, if it

is not in session, %ithin 8= hours, %ithout need of call, in accordance %ith its rules. (*f it

is already in session, it must meet ri+ht a%ay, as +limpsed from the fact that they only

hae days to decide, %hereas if it is not in session, it must conene in $ days and

decide before the $th day.!

e. Con+ress shall determine the residents inability %ithin days after receipt of the

second %ritten declaration by the Cabinet if it is in session, or %ithin $ days after it is

reuired to assemble by its respectie presidin+ officer if it is not in session.


53/76

f. *f the resident, by a $N1 ote of both houses otin+ separately, determined to be

"unable " to dischar+e his office, then the 3ice- resident shall act as resident *f less

than $N1 find him unable, then the resident shall continue e4ercisin+ the po%ers and

duties of his office.

Q Serious I((ness o' t!e Presi$ent 9Se* 1# Art VII:

Wthe public shall be informed of the state of his health.

WThe members of the Cabinet in char+e of national security and forei+n relations and

the Chief of /taff of the Armed Forces of the hilippines, shall not be denied access to

the resident durin+ such illness.

POWERS AND FUNCTIONS OF THE PRESIDENT

E+e*uti"e &ower- the duty to implement the la%s %ithin the standards imposed by

the le+islature.

Contro( o' e+e*uti"e $e&artments - The resident shall hae control of all the

e4ecutie departments, bureaus, and offices. Be shall ensure that the la%s be faithfully

e4ecuted.

Contro( o' e+e*uti"e $e&artments 9Se* # Art VII:

Control is the po%er of an officer to alter or modify or nullify or to set aside %hat a

subordinate has done in the performance of his duties and to substitute ones o%n

&ud+ment in that of a subordinate.

>ualified political a+ency doctrine (also alter e+o principle!,

Iall the different e4ecutie and administratie or+aniHations are mere ad&uncts of the

94ecutie 6epartment, the heads of the arious e4ecutie departments are assistants

and a+ents of the Chief 94ecutie, and, e4cept in cases %here in the Chief 94ecutie is

reuired by the Constitution or by the la% to act in person or the e4i+encies of the

situation demand that he act personally, the multifarious e4ecutie and administratiefunctions of the Chief 94ecutie are performed by and throu+h the e4ecutie depts.,

performed and promul+ated in the re+ular course of business, are, unless disapproed

or reprobated by the Chief 94ecutie, presumptiely acts of the Chief 94ecutie.J

,enera( su&er"ision o' (o*a( go"ernments - The resident shall e4ercise +eneral

superision oer local +oernments. (sec 8, Art P!. The resident shall e4ercise +eneral


54/76

superision oer autonomous re+ions to ensure that la%s are faithfully e4ecuted. (sec

0, Art P!

/uperision

Q means the mere oerseein+, or the po%er or authority of the officer to see thatsubordinate officers perform their duties, and if the latter fail or ne+lect to fulfill them,

then the former may ta'e such action or steps as prescribed by la% to ma'e them

perform these duties.

Q this does not include the po%er to oerrule their acts, if these acts are %ithin their

discretion.

Power o' a&&ointment - : the selection, by the authority ested %N the po%er, of an

indiidual %ho is to e4ercise the functions of a +ien office.

Q Appointment is distin+uished from:

. 6esi+nation S imposition of additional duties, usually by la%, on a person already in

the public serice.

$. Commission S %ritten eidence of the appointment.

A. C(assi'i*ation o' Power o' A&&ointment:

. 7ith the consent of the Commission on Appointments

9SAR0IENTO "s. 0ISON:

There are 8 +roups of officers %hom the res may appoint:

. Beads of the e4ec dept, ambassadors, other public ministers and consuls, officers of

the armed forces from the ran' of colonel or naal Capt. and other officers %hose

appointments are ested in him#

$. All other officers of the +o)t %hose appointments are not other%ise proided by la%#

1. Those %hom the res may be authoriHed to appoint#

8. 2fficers lo%er in ran' %hose appointments Con+ress may by la% est in the res

alone Beads of bureaus %ere deliberately moed from the proision of appointments

reuirin+ confirmation and %ere included in the 8 th+roup and hence, their appointments

no lon+er need confirmation.

$. Dpon recommendation of the 5udicial and Gar Council


55/76

(a! Members of the /upreme Court and all other courts. (sec


56/76

W *t is the %ithholdin+ of a sentence for an interal of time, a postponement of e4ecution,

a temporary suspension of e4ecution. (eople s. 3era!

(ii! Commutations

W ?eduction of sentence.

W *t is a remission of a part of the punishment# a substitution of a less penalty for the one

ori+inally imposed.

(iii! Par$ons, and

W permanent cancellation of sentence.

W *t is an act of +race proceedin+ from the po%er entrusted %ith the e4ecution of the

la%s, %hich e4empts the indiidual on %hom it is besto%ed, from the punishment the

la% inflicts for the crime he has committed. *t is a remission of +uilt, a for+ieness of theoffense.

Comman$er in *!ie' &owers

Q o%ers as Commander-in-Chief:

a. Be may call out such armed forces to preent or suppress la%less

iolence, inasion or rebellion.

b. Be may suspend the priile+e of the %rit of habeas corpus, or

c. Be may proclaim martial la% oer the entire hilippines or any

part thereof.

W /ub&ect to &udicial reie% to determine %hether or not there has been a +rae abuse of

discretion amountin+ to lac' or e4cess of &urisdiction (par. $, /ec , Art 3***!

a. Ca(( out t!e AFP to &re"ent (aw(ess "io(en*e - This is merely a police measure

meant to uell disorder. As such, the Constitution does not re+ulate its e4ercise radically

b. Sus&en$ t!e &ri"i(ege o' t!e writ o' !a%eas *or&us- A "%rit of habeas corpus" isan order from the court commandin+ a detainin+ officer to inform the court

(i! if he has the person in custody, and

(ii! %hat his basis in detainin+ that person.


57/76


58/76


59/76

W 9ery 8th Monday of 5uly, the resident deliers the /tate of the ation Address,

%hich contains his proposals for le+islation. Throu+h this speech, he can influence the

course of le+islation that Con+ress can ta'e durin+ the re+ular session.

9%: Pre&are an$ su%mit t!e %u$get

The resident shall submit to Con+ress %ithin thirty days from the openin+ of eery

re+ular session, as the basis of the +eneral appropriations bill, a bud+et of e4penditures

and sources of financin+, includin+ receipts from e4istin+ and proposed reenue

measures. (/ec $$, Art 3**!

QThe bud+et is the plan indicatin+ the

(a! e4penditures of the +oernment,

(b! sources of financin+, and

(c! receipts from reenue-raisin+ measures.

This bud+et is the upper limit of the appropriations bill to be passed by Con+ress.

Throu+h the bud+et, therefore, the resident reeals the priorities of the +oernment.

9*: Veto &ower

As a genera( ru(e# a(( %i((s must %e a&&ro"e$ %) t!e Presi$ent %e'ore t!e) %e*ome

(aw, e+*e&t w!en:

(i! the eto of the resident is oerridden by $N1 ote, and

(ii! the bill passed is the special la% to elect the resident and 3ice-resident.

This +ies the resident an actual hand in le+islation. Bo%eer, his course of action is

only to approe it or eto it as a %hole.

9$: Emergen*) Power

*n times of %ar or other national emer+ency, the Con+ress, may, by la%, authoriHe the

resident, for a limited period, and sub&ect to such restrictions as it may prescribe, to

e4ercise po%ers necessary and proper to carry out a declared national policy. Dnlesssooner %ithdra%n by resolution of the Con+ress, such po%ers shall cease upon the ne4t

ad&ournment thereof.

9e: Fi+ing o' tari'' rates 9Se* 1# Art VI:

The Con+ress may, by la%, authoriHe the resident to fi4:


60/76

7ithin specified limits, and

/ub&ect to such limitations and restrictions as it may impose,

- tariff rates

- import and e4port uotas

- tonna+e and %harfa+e dues

- other duties or imposts %ithin the frame%or' of the national deelopment pro+ram of

the oernment.

Reason 'or $e(egation: hi+hly technical nature of international commerce, and the

need to constantly and %ith relatie ease adapt the rates to preailin+ commercial

standards.

Immunit) 'rom suit

QThe resident)s immunity from suit does not e4tend to his alter-e+os.

QThe resident)s immunity from suit e4tends beyond his term so lon+ as the act in

uestion %as done durin+ his term.

C. THE 4UDICIAL 2RANCH 9ARTICLE VIII# PHILIPPINE CONSTITUTION:

- The 5udiciary, unli'e the 94ecutie and the Le+islatie %hich are actie, is passie andreactie as it has to %ait for a case to be filed before it %ill act to settle the controersy.

To maintain t!e in$e&en$en*e o' t!e 4u$i*iar)# t!e 'o((owing sa'eguar$s !a"e

%een em%o$ie$ in t!e Constitution:

9: As a constitutional body, the /upreme Court cannot be abolished nor may its

membership or the manner of its meetin+s be chan+ed by ordinary le+islation.

The lo%er courts on the other hand, are established by la%, and so could be

abolished by la%, proided the security of tenure is not undermined. Art. VIII#

Se*. @9:($! The members of the &udiciary are not sub&ect to confirmation by the Commission

on Appointments. Art. VIII# Se*. Q 9:9?: The members of the /C may not be remoed e4cept by impeachment. 9Art. I-#

Se*. 1:


61/76

(8! The /C may not be depried of its minimum ori+inal and appellate &urisdiction.

9Art. VIII# Se*. 1:(! The appellate &urisdiction of the /C may not be increased by la% %No its adice

and concurrence. 9Art. VI# Se*. ?:(0! The /C has administratie superision oer all lo%er courts and their personnel

9Art. VIII# Se*. :.(;!9: The /C has e4clusie po%er to discipline or dismiss &ud+es of lo%er courts. 9Art.

VIII# Se*. .:(

cannot be undermined by a la% reor+aniHin+ the &udiciary. (*d.!9: They shall not be desi+nated to any a+ency performin+ uasi-&udicial or

administratie functions. 9Art. VIII# Se*. 1:(! The salaries of &ud+es are fi4ed by la% and may not be reduced durin+

their continuance in office. 9Art. VIII# Se*. :

91: The &udiciary shall en&oy fiscal autonomy. 9Art. VIII# Se*. ?:9?: The /C alone may initiate rules of court. Art. VIII#Se*. 9:9@: 2nly the /C may order the temporary detail of &ud+es.Art. VIII# Se*.

9?:(! The /C shall appoint all officials and employees of the &udiciary. Art. VIII#

Se*. 9:

CO0POSITION

Art. 3***, /ec. 8.

T!e Su&reme Court

- Composed of a Chief 5ustice and fourteen (8! Associate &ustices

- May sit en banc or in its discretion, in diisions of three, fie, or seen Members

- 3acancy shall be filled %ithin ninety days from the occurrence thereof.

Cases to be heard en banc and decided %ith the concurrence of a ma&ority of the

Members %ho actually too' part in the deliberations must inole the

constitutionality, application, or operation of:

a. a treaty,

b. international or e4ecutie a+reement,

c. la%,


62/76


63/76

Se*urit) o' Tenure

Art. 3***, /ec. .

- Members of the &udiciary shall hold office durin+ +ood behaior until

they reach the a+e of ; or

They become incapacitated to dischar+e the duties of their office.

-The /C en banc shall hae the po%er

to discipline &ud+es of the lo%er courts or

order their dismissal by a ote of a ma&ority of the Members %ho too' part in the

deliberations in the issues in the case and oted thereon.

QQMembers of the /C cannot be remoed e4cept by impeachment. Thus, a /C &ustice

cannot be char+ed in a criminal case or a disbarment proceedin+, because the ultimateeffect of either is to remoe him from office, and thus circument the proision on

remoal by impeachment thus iolatin+ his security of tenure

Fis*a( Autonom)

Art. 3***, /ec. 1.

The 5udiciary shall en&oy fiscal autonomy. Appropriations for the 5udiciary may not be

reduced by the le+islature belo% the amount appropriated for the preious year and,

after approal, shall be automatically and re+ularly released.

4uris$i*tion

Su&reme Court

A! Origina( 6uris$i*tion Art. VIII# Se*. 9:

(! Cases affectin+ ambassadors, other public ministers

and consuls.

($! etitions for certiorari, prohibition, mandamus, uo %arranto and habeas corpus.

(1! /ufficiency of factual basis of proclamation of martial la% and suspension of priile+e

of %rit of Babeas Corpus.

G! A&&e((ate 4uris$i*tion Art VIII# Se* 91:


64/76

The /upreme Court shall hae the po%er to reie%, reise, reerse, modify, or affirm on

(i! ordinary appeal, or (ii! petition for reie% on certiorari, as the la% or the ?ules of

Court may proide, final &ud+ment and orders of lo%er courts in the follo%in+ cases:

(! Cases uestionin+ the constitutionality or alidity of any (a! treaty, (b! international

and e4ecutie a+reement, (c! la% or statute, (d! presidential decree, (e! proclamation, (f!order, (+! instruction, (h! ordinance, or (i! re+ulation.

($! Cases uestionin+ the le+ality of an (a! ta4, (b! impost, (c! assessment, or (d! toll, or

(e! any penalty imposed in relation thereto.

(1! Cases in %hich the &urisdiction of lo%er courts is in issue.

(8! Criminal cases in %hich the penalty imposed is reclusion perpetua or hi+her.

(! Cases in %Nc only an error or uestion of la% is inoled.

(0! 2rders of the Constitutional Commissions.

Art. VII# Se*. .

444 The /upreme Court may reie%, in an appropriate proceedin+ filed by any citiHen,

the sufficiency of the factual basis of the proclamation of martial la% or the suspension

of the priile+e of the %rit or the e4tension thereof, and must promul+ate its decision

thereon %ithin thirty days from its filin+.

4uris$i*tion o"er Presi$entia( an$ Vi*e Presi$entia( e(e*tion *ontests

Art. VII# Se*. @.

444 The /upreme Court, sittin+ en banc, shall be the sole &ud+e of all contests relatin+

to the election, returns, and ualifications of the resident, 3ice-resident, and may

promul+ate its rule for the purpose.

4uris$i*tion o"er $e*ision# or$er# or ru(ing o' t!e Constitutiona( Commissions

Art. I-# A# Se*. .

9ach Constitutional commission shall decide any case or matter brou+ht before it

- by a ma&ority ote of all its members and

- %ithin 0 days from the date of its submission for decision or resolution.


65/76

A case or matter is deemed submitted for decision or resolution upon the filin+ of the

last pleadin+, brief, or memorandum reuired by the rules of the Commission or by the

Commission itself. Dnless other%ise proided by this Constitution or by la%, any

decision, order or rulin+ of each Commission may be brou+ht to the /upreme Court on

certiorari by the a++rieed party %ithin thirty days from receipt of the copy thereof.

Congressiona( Power o"er 4uris$i*tion o' t!e Su&reme Court

Art. VIII# Se*. 1.

IThe Con+ress shall hae the po%er to define, prescribe and apportion the &urisdiction

of arious courts but may not deprie the /upreme Court of its &urisdiction oer cases

enumerated in /ection hereof.

P44J

7hile the &urisdiction of lo%er courts is a matter of le+islatie apportionment, the

Constitution sets certain limitations on this prero+atie %hen it inoles the /C:

. *t cannot decrease the constitutionally set &urisdiction of the /upreme Court. (*t may

not deprie the /upreme Court of its &urisdiction oer cases enumerated in /ection

hereof.!

$. *t cannot increase the constitutionally set appellate &urisdiction of the /upreme Court.

9Art. VI# Se*. ?:.

Bo%eer, Con+ress can:

*ncrease the ori+inal &urisdiction of the /C (pursuant to its eneral po%er!.

*t can ma'e the &urisdiction of the /C concurrent %ith lo%er courts (pursuant to its

+eneral po%er!.

Thus, under the ?ules of Court, the ori+inal &urisdiction of the /C is concurrent %ith the

?TC and in the case of the special ciil actions, %ith the CA.

A$ministrati"e &owers

Su&er"ision o' (ower *ourts

Art. VIII# Se*. .

The /upreme Court shall hae administratie superision oer all courts and the

personnel thereof.


66/76

Ru(e maJing

Art. VIII# Se*. .

The /upreme Court shall

- romul+ate rules concernin+ (a! the protection and enforcement of constitutional

ri+hts, (b! pleadin+, practice and procedure in all courts, (c! the administration to the

practice of la%,(d! the *nte+rated Gar, and (e! le+al assistance to the underpriile+ed.

/uch rules shall:

(i! roide simplified and ine4pensie procedure, for the speedy disposition of cases

(ii! Ge uniform for all courts of the same +rade, and

(iii! ot diminish, increase or modify substantie ri+hts.

4UDICIAL AND 2AR COUNCIL

Art. VIII# Se*. .

(! A 5udicial and Gar Council is hereby created under the superision of the /upreme

Court composed of the:

94-officio members

(! Chief 5ustice as e4-officio Chairman

($! /ecretary of 5ustice(1! ?epresentatie of Con+ress

?e+ular members

(8! ?ep of the *nte+rated Gar(! rofessor of La%(0! ?etired member of the /C(;! ?epresentatie of priate sector

AUTO0ATIC RELEASE OF APPROPRIATION FOR THE 4UDICIAR8

Art. VIII# Se*. ?.

The 5udiciary shall en&oy fiscal autonomy. Appropriations for the 5udiciary may not be

reduced by the le+islature belo% the amount appropriated for the preious year and,

after approal, shall be automatically and re+ularly released.


67/76

-. THE CONSTITUTIONAL CO00ISIONS 9ARTICLE I-# PHILIPPINE

CONSTITUTION:

The Constitutional Commissions, %hich sh

Documents

Constitutional Law I Reviewer