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Structure of Government 3 Parts of a Written Constitution: (1) Constitution of sovereignty This refers to thee provisions pointing out the

e modes or procedure in accordance with which Formal changes in the constitution may be made. Ex: Article XVIII Amendments or Revisions (2) Constitution of Liberty the series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the power of the government as a means of securing the enjoyment of those rights. Ex: Article III Bill or Rights (3) Constitution of Government provides for a structure and system of government; refers to the provisions outlining the organization of the Government, enumerating its powers, laying down certain rules relative to its administration and defining the electorate. Ex: Article VI Legislative Department Article VII Executive Department Article VIII Judicial Department Article IX Constitutional Commissions Doctrine of Separation of Powers in a presidential type of government The 3 great powers are distributed among the 3 great branches of government: (1) Legislative power Legislative branch / Congress Article VI, Sec 1 The legislative power shall be vested in the congress of the Philippines This is also called the POWER OF THE PURSE. (2) Executive power Executive branch / President Article VII, Sec 1 The executive power shall be vested in the President of the Philippines This also called the POWER OF THE SWORD (3) Judicial power Judiciary / Supreme Court Article VIII, Sec 1 The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. This is also called the POWER OF JUDICIAL REVIEW The legislative and the executive branches are called the POLITICAL BRANCHES. Corollary to the principle of separation of powers: (1) Principles of checks and balances - Each branch of the government is a check of the others so that power will not be concentrated which might lead to abuse and irreparable damage. - This allows 1 department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. - Ex: veto power of the President.

(2) Principle of non-delegation of Powers GR Potesta delegata non potest delegari Power delegated may no longer be delegated. XPNs: Instances of permissible delegation PETAL a. Delegation to the People under the systems of initiative and referendum (plebiscite, Art. VI, Sec 1) b. Delegation to the President of Emergency powers (Art VI, Sec 23) c. Delegation to the President of Tariff powers (Art VI, Sec 28[2]) d. Delegation to Administrative Bodies e. Delegation to Local governments (Art. X) There must always be an EXPRESS delegation! (by Law/Constitution) Q. What are the requisites before emergency powers may be delegated to the President? A. Under Article VI. Section 23. there are four: a. There must be a war or other national emergency. b. The delegation shall be for a limited period only c. The delegation must be pursuant to a declared national policy d. The delegation is subject to such restrictions and limitations as Congress may prescribe. The power is delegated from the Congress to the President (David vs Arroyo) Q. What is meant by delegation to administrative bodies? A. It is the delegation of quasi-legislative powers to administrative agencies. - refers to the rule making power or power of subordinate legislation or power to promulgate rules and regulations to implement a given law/legislative policy. Operative word, or meant equivalent terms The power to ENACT laws still belongs to Congress. Tests of valid delegation vs. abdication of power Undue delegation to the delegate (1) Completeness Test - The law delegating the power must be complete in itself in the sense that the body on whom the power is delegated must have no discretion to exercise the power but to enforce it. - The law must be complete in all its terms and conditions, such that there is nothing more to be done by the body but to enforce it. - The law must set forth the policy to be executed, carried out or implemented by the delegate. - The delegate must not be authorized to fill in the gaps.

(2) Sufficiency of Standards Test - The law must provide for standards that are determinate or at least determinate, which will define the limits of a delegates authority. - The standard will guide the delegate in the exercise of the delegated power which standards must be determinate/determinable. Q. What is a sufficient standard? A. It is one that defines legislative policy, marks its limits, maps out its boundaries and specifies the public agency to apply it. Ex: (1) Power to organize agencies was delegated to the President Standard: to streamline the bureaucracy for economy and sufficiency. (2) Power to issue franchises delegated to LTFRB Standard: For public convenience and security The standards need not be found in the law delegating the power. Instead, standards may be found in other laws what is important is that the standards are determinate or at least determinable (Chong Bian vs Ci-Bos) If the delegation meets the tests, it is valid. What is prohibited is undue delegation or a delegation running riot. If there is undue delegation, it is no longer delegation of power but abdication of power in favor of the delegate, which violates the doctrine of separation of powers. Ratio: You cannot expect the Congress to anticipate all.

Article VI LEGISLATIVE DEPARTMENT


Legislative Power Article VI, Sec 1: The legislative power shall be vested in the congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provisions on initiative and referendum. Q. What power is vested in Congress? A. Legislative Power under Article VI, Sec. 1 (The Power of the Purse). Q. Is legislative power exclusively vested in Congress? A. NO. Unlike in the 1935 constitution where the legislative power is exclusively vested in Congress, under the 1987 constitution, there is a reservation made to the people (initiative and referendum). (Art VI, Sec1). The legislative power is not exclusively vested in Congress! It is vested in: 1. Congress made up of 2 houses: a) Senate b) House of Representatives We have a Bicameral Congress The houses are co-equal bodies; hence the terms upper house and lower house are inaccurate! Bicameral Conference Committee See Phil. Judges Association vs. Hon. Prado, and Tolentino vs. Secretary of Finance. 2. to the extent reserved to the People by initiative and referendum Article VI, Sec. 32 The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions there from. This is no self-executing. Q. Has the Congress enacted a Law? A. YES. R.A. 6735 (Initiative and Referendum Law) is the implementing provision of Sec 1 Art VI, 1987 Constitution. 3 kinds of Initiative under RA 6735: Initiative on the Constitution - declared unconstitutional (Santiago vs. COMELEC) Initiative on Statutes - Implemented Article VI. Sec 1 - Refers to petitions proposing to enact a national legislation - Valid

Initiative on Local Legislation - refers to petitions proposing to enact, amend, or repeal local ordinances. - Valid. Bar Q: What is initiative? What is Referendum? A: Initiative is the power of the people to propose amendments to the Constitution on to propose and enact legislations through an election for the purpose (Sec 3(a), RA6735). Referendum is the power of the electorate to approve or reject a legislation through an election called for the purpose (Sec. 3, RA6735). Q: May the President enact laws? A: NO. Legislative power is vested in Congress. Legislative power includes the power to ENACT, AMEND, or REPEAL. The power vested on the President is the EXECTIVE POWER or the power to IMPLEMENT laws. PRESIDENTS PARTICIPATION IN THE LAW-MAKING PROCESS Q: Does the President have any participation in the Law-making process? A. Yes, in the following instances: [SBUVS] 1. When he exercises his veto power - Article VI, Sec 27. Every bill passed by Congress shall before it becomes a law, be presented to the president. If he approves the same, he shall sign it; otherwise, he shall veto it - When the president vetoes a bill, that bill doesnt become a law. 2. When he calls for a special session - Art VI. Sec 15 The president may call a special session at any time - In effect, he will initiate the process 3. When the president certifies as the urgency of the bill to meet a public calamity or emergency. - Art VI, sec 26 (2) No bill passed by either house shall become a law unless it has passed three (3) readings on separate days x x x except when the president certifies as to the necessity of its immediate enactment to meet a public calamity or emergency. - The president hastens the process by dispensing with 3 separate readings on 3 separate days rule. 4. When the president signs a bill that becomes a law - Art VI, sec 27 Every bill passed by Congress shall before it becomes a law, be presented to the president. If he approves the same, he shall sign it

The president performs the last operative act for a bill to become a law.

5. When the president prepares a budget which is the basis of the GENERAL APPROPRIATIONS ACT. - Art VII, Sec 22 The president shall submit to the congress x x x as basis of the general appropriations bill a budget for expenditures and sources of financing, including receipts from existing and proposed revenue measures. NON-LEGISLATIVE POWERS OF CONGRESS (9): [IBAWI CAPE] (1) Investigative power / power to conduct investigation (inquiries in aid of legislation) Art VI, Sec 21 The senate or the house of representatives or any of its respective committees may conduct inquiries in aid of legislation or in accordance with its duly published rules of procedure (2) Power to declare the existence of a state of War Art VI, Sec 23 The congress by a vote of 2/3 of both houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. [*then based on such declaration, delegate emergency powers to the President] (3) Power to confirm a presidential appointments [through commission on Appointments] Art VII, Sec 16 The president shall nominate and with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this constitution. (4) Power to punish for contempt - Incidental to the power to conduct inquiries in aid of legislations. (5) Power to impeach and to try cases of impeachment As a prosecutorial body: Art XI, Sec 3(1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment. As an impeachment Court: Art XI, Sec 3(6) The senate shall have the sole power to try and decide all cases of impeachment x x x (6) Power to judge election contests involving their members through the Electoral tribunal Art VI, Sec 17 The senate and House of Representatives shall each have electoral tribunals which is the sole judge of all contests relating to the election returns and qualifications of their respective members x x x (7) Power to concur in Amnesty Proclamation

Art VII, Sec 19(2) He shall have the power to grant amnesty with the concurrence of a majority of all the members of the Congress (8) Power to propose amendments to, or revisions of the constitution, when acting as constituent assembly Art XVII, Sec 1(2) Any amendment to, or revision of, this constitution may be done by: (1) The congress, upon a vote of of all its members; x x x (9) Power to act as board of canvassers in presidential and vice-presidential elections. Art VII, Sec 4(4) Upon receipt of the certificates of canvass, the president of the Senate shall, not later than 30 days after the day of the election, open al certificates in the presence of the Senate of the House of Representatives in joint and public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes. Composition of CONGRESS (1) Senate 24 senators elected at large; Term: 6 years Term limit: 2 Consecutive terms (2) House of Representatives Term: 3 years Term limit: 3 consecutive terms Art VI, Sec 5(1) The HOR shall be composed of not more than 250 members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the metropolitan manila area x x x This provision is already Functus Officio! Congress has the power to reapportion district every census, under Art VI, Sec 5(4) Within 3 years following the term of every census, the congress shall make a re-apportionment of legislative districts based on the standards provided in this section. Qualifications: Senator Representative

(1) Citizenship Natural born (2) LIteracy Able to read and write (3) Voter Registered voter (4) Age 35 years of age on the day of election 25 years of age on the day of election (5) Residence 2 years residence 1 year in the district he is representing. (6) Term 6 years, 2 consecutive term-limit 3 years; 3 consecutive term-limit. Marcos vs. COMELEC (248 SCRA 300 [1995]) In her application for candidacy, Imelda wrote 7 months requirement, then amended it and wrote, Since birth. The SC decided in favor of Imelda.

Supreme court held that in political law, residence is considered as domicile. Kinds of Congressmen: Art VI, Sec 5(1) The HOR shall be composed of not more than 250 members, unless otherwise fixed by law, who shall be elected from legislative districts x x x and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. (1) District representatives (2) Party-list representatives - this absorbed the sectoral representatives - Art VI, Sec 5(2) x x x for 3 consecutive terms after the ratifications of this constitution, of the seats allocated to the party-list representatives shall be filled as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. [other sectors: fisher folks, elderly, handicapped (Sec 5, RA7941)]. PUF LICE HWY O Xpn: Religious sector Party list system Implemented by RA7941 (Party-list law) Adopted the German model of the party list system 1998 elections: first time we had party list election Borrowed concept from parliamentary system See: Ang bagong-bayani-OFW labor party vs. COMELEC (June 26, 01 En Banc) Q: What is the nature of the party-list system? A: The party-list system is a social justice tool designed not only to (1) give more in life to the great masses of our people who have less in life, but also (2) to enable them to become veritable (genuine/real) law makers themselves. It (3) intends to make the marginalized and underrepresented active participants in the mainstream of representative democracy. The party list system is one such tool intended to benefit those who hae less in life. It gives the great masses of our people the genuine hope and genuine power. It is a message to the destitute and the prejudiced, and even to those in the underground (e.g. rebels), that change is possible. It is an invitation for them to come our of their limbo and seize the opportunity. Q: Is it open to all? A: No. It is not open to all but only to the marginalized and the underrepresented.

Allowing all individuals and groups, including those which now dominate district elections, to have the same opportunity to participate in the party-list elections would desecrate this lofty. Objective and mongrelize the social justice mechanism into an atrocious veneer for traditional politics (nose bleed!) To make it open to all, without qualifications would not only weaken the electoral chances of the marginalized and the underrepresented it also prejudices them. To allow the non-marginalized and the overrepresented to vie under the party list system would not only dilute, but also prejudice the chance of the marginalized and underrepresented contrary to the laws intention to enhance it. It would gut the substance of the party-list system. Instead of generating hope, it would create a mirage. Instead of enabling the marginalized, it would further weaken them and aggravate their marginalization. Uphold Social Justice principle to give those who have less life, more in law. Underground group Rebels (p.27 3A notes) Guidelines for screening party list participants (8) (1) The political party, sector, organization, or coalition must represent the marginalized and underrepresented sectors identified in Sec 5, RA7941. Sec 5, RA7941 x x x the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals. This enumeration is NOT exlusive However, it demonstrates the clear intent of the law that NOT all sectors can be represented under the party-list system. (2) While political parties may participate in the party-list system, then must comply with the declared statutory policy of enabling Filipino citizens belonging to the marginalized and underrepresented sectors x x x to be enelcted to the HOR. They must show that they represent the interests of the marginalized and the underrepresented. Sec 5, RA 7941 Any organized group of persons may regilster as a party, organization, or coalition for purposes of the party-list system x x x Sec 7, Art IX-C, 1987 Const. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this constitution. Sec 8, Art IX-C, 1987 Const. Political parties or organizations or coalitions registered under the party list system shall not be represented in the voters registration boards x x x Sec 5(1), Art VI, 1987 Const. The HOR shall be composed of x x x and those who x x x shall be elected through a party list system of registered national, regional, and sectoral parties or organizations.

(3) The religious sector may not be represented in the party-list system or registered as a political party. Art IX-C Sec 2(5) The COMELEC shall exercise the following powers and functions x x x (5) Register x x x political parties, organizations x x x religious denomination shall not be registered. Art VI, Sec 5(2) x x x from the labor, peasant urban poor x x x and such other sectors as may be provided by law, except religious sector Sec 6(1), RA7941 The COMELEC may x x x refuse or cancel x x x the registration of any national regional or sectoral party, organization or coalition on any of the following grounds: (1) If it is a religious sect or denomination, organization or association organized for religious purposes. Ex: El Shaddai cannot register and participate in the party-list system The prohibition is on any religious organization registering as a political party. No prohibition against a priest running as a candidate. What is prohibited is the registration of a religious sect as a political party. (4) The party or organization must not be an adjunct of, or a project organized by, or an entity funded or assisted by the government. It must be independent of the government By the very nature of the party-list system, the party or organization must be a group of citizens, organized and operated by citizens. The participation of the government or its officials in the affairs of a partylist candidate is not only illegal and unfair to others, but also deleterious to the objective of the law. Ex: MAD Mamamayan Ayaw sa Droga (5) The party or organization must not be disqualified under sec 6, RA 7941: Sec 6, RA 7941 Ground for refusal and/or cancellation of registration: i. It is a religious sector denomination, organization or association, organized for religious purposes; ii. It advocates violence or unlawful means to seek its goal; iii. It is a foreign party or organization; iv. It is receiving support from any foreign govt, foreigh political party, foundation, organization, whether directly or through any of its officers or members or indirectly through 3rd parties for partisan election purposes. v. It violates or fails to comply with laws, rules or regulations relating to elections; vi. It declares untruthful statements in its petition; vii. It has ceased to exist for at least 1 year; viii. It fails to participate in the last 2 preceding elections, or fails to obtain at least 2% of the votes cast under the party list system in the 2 preceding elections for the constituency in which it has registered.

(6) The party must not only comply with the requirements of the law; its nominees must likewise do so x x x The nominee must also be qualified. Sec 9, RA 7941 Qualifications for party list nominees i. Natural-born citizen of the Philippines ii. Registered voter iii. Resident of the Philippines for a perioud of not less than 1 year immediately preceding the day of the electon. iv. Able to read and write v. Bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election. (7) Not only the candidate party or organization must represent marginalized and underrepresented sectors; so also must its nominees. The nominee must also represent the marginalized and underrepresented Surely, the interests of the youth cannot be fully represented by a retiree; neither can those of the urban poor or the working class by an individualist. (8) While lacking a well-defined political constituency, the nominee must likewise be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nature of the whole.

4 inviolable parameters to determine the winners in a Party-list election


(As mandated by the Constitution and RA7941) Bar Question! See VETERANS FEDERATION PARTY vs. COMELEC (October 6, 2000 En Banc) 1. The twenty (20%) percent allocation The combined member of all party list congressmen shall not exceed 20% of the total membership of the HOR, including those elected under the party-list. Art VI, Sec 5(2) The party-list representatives shall constitute 20% of the total number of representatives including those under the party-list. 2. The two (2%) percent threshold Only those garnering a minimum of 2% of the total valid votes cast for the party list system are qualified to have a seat in the HOR. The base is the total votes cast for the party-list and not the total number of registered voters. See RA 7941. 3. The three (3) seat limit Each qualified part, regardless of the number of votes actually obtained, is entitled to a maximum of 3 seats 1 qualifying and 2 additional seats. Rationale: To avoid domination/monopoly will go against the purpose of the party-list system. 4. Proportional Representation The additional seats to which a qualified party is entitled to shall be computed in proportion to their total number of votes.

Application and Computation: (p.28 3A Notes) #1 Q: To determine the total votes cast for the party-list system, should the votes tallied to the disqualified candidates be deducted/excluded in computing the 2% threshold? A: Yes. The votes for the disqualified parties should be excluded. (Ang Bagong Bayani OFW vs. COMELEC [June 25, 2003 En Banc]) In the case of Labo vs. COMELEC, reaffirmed in the case of Grego vs. COMELEC, the court declred that the votes case for an ineligible or disqualified candidate cannot be considered stray, because this would disenfranchise the voters/majority; valid votes. However, votes cast for a notoriously disqualified candidate may be considered stray and excluded from the canvass. This does not apply to the party-list elections! Because of the express rule in Sec 10, RA 7941 x x x that a vote cast for a party, sectoral organization or coalition not entitled to be voted for shall not be counted x x x The LABO doctrine applies only to SINGLE ELECTIVE POST/ELECTIONS (e.g. Mayor); In the party-list system, even the 2nd, 3rd, etc... candidate may get seats.

Concept and Bases of Congressional Oversight Functions


See MAKALINTAL vs. COMELEC Q: What is the power of oversight? A: Broadly defined, the power of oversight embraces all activities undertaken by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted. Clearly, oversight concerns post-enactment measures undertaken by Congress: 1. to monitor bureaucratic compliance with program objectives; 2. to determine whether agencies are properly administered; 3. to eliminate executive waste and dishonesty; 4. to prevent executive usurpation of legislative authority; and 5. to assess executive conformity with the congressional perception of public interest Q: What is/are the basis of oversight power of Congress? A: The power of oversight has been held to be (1) intrinsic in the grant of legislative power itself and (2) integral to the checks and balances (3) inherent in a democratic system of government.

Q: what are the categories of congressional oversight functions? [SIS]


A: Three categories:

1. Scrutiny primary purpose is to determine economy and efficiency of the operation of government activities. Based primarily on the power of appropriation of congress as under the constitution, the power of the purse belongs to the congress Ex: Budget hearings usual means of renewing policy and auditing the use of previous appropriation to ascertain whether they have been disbursed for purposes authorized in an appropriation act. Power of confirmation [through COA,] provides congress an opportunity to find out whether the nominee possesses the necessary qualifications, integrity and probity required for all public servants. Congress may request information and report from the other branches of government. It can give recommendations / pass resolutions for consideration of the agency involved.

2. Congressional Investigation a more intense digging of facts. This is an essential and appropriate auxiliary to the legislative functions, even in the absence of an express provision in the Constitution. Sec 21 Art VI (in aid of legislation) Sec 22 Art VI (Question hour) 3. Legislative Supervision third and most encompassing form of oversight power. Supervision connotes a continuing and informed awareness on the part of congressional committee regarding executive operations in a given administrative area. Allows congress to the exercise of delegated law-making authority and permits congress to retain that part of delegated authority. Ex: veto power of Congress. Power to create public office / administrative agency congress has an additional power to supervise - properly implemented congress has review powers over these public offices / administrative agencies. Ex: GSIS. Q: What is legislative veto? A: It is the power of the congress to disapprove a subordinate law, rules and regulations promulgated/enacted by the executive branch pursuant to a delegation of authority by Congress.

Immunities and privileges of members of Congress


Sec 11, Article VI A senator of member of the HOR shall, in all offenses punishable by not more than 6 years imprisonment, be privileged from arrest while the congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in Congress or in any committee thereof.

3 Privileges: (1) Privilege from Arrest (2) Freedom of speech and debate (3) Freedom from search (see Article 145, RPC) Privilege from Arrest Not absolute! Limitations: (1) Congress must be in session (2) The offense must be one punishable by imprisonment not exceeding 6 years. In session - does not refer to the day to day session - refers to the session from the opening to the final/formal adjournment of Congress - Art VI, Sec 15 the Congress shall convene once every year on the Fourth Monday of July for its regular session, unless a different date is fixed by Law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays x x x Q: After 15 days of continuous session, congress adjourned. Can this be done? A: YES. Congress has the discretion under Art VI, Sec 15. It is allowed to remain in session provided only that 30 days before the opening of the next session, it shall adjourn (compulsory adjournment). the opening of the session is also the time the President delivers his STATE OF THE NATION ADDRESS (SONA) part of the informing power of the President (Art VII, Sec 23) Art VII, Sec 23 The president shall address the Congress at the opening of its regular session x x x This is a deviation from the 1935 constitution, under which the opening of the regular session is every 4th Monday of January and the duration of the session is for a fixed period of 100 days. It was patterned after the American Constitution.

Freedom of Speech and Debate Requisites: 1. The speech or debate must be made in Congress or in any committee thereof. 2. The congress must be in session. Q: In a TV interview, a congressman maligns someone. Can he invoke his freedom of speech? A. NO. It was not made in congress or any of its committee. Q: In his privileged speech, a congressman made remarks against A. Can A sue him for defamation? A: NO. It is covered by the immunity.

Q: What is As remedy? A: Ask the house to punish the congressman. In any other place - This includes the courts! Statement made in Congress is a form of privileged communication. This is a valid defense of Slander or Libel! Borjal vs. CA: There are 2 kinds of Privileged communication: 1. Absolutely privileged absolutely not actionable even if the author is in bad faith Ex: Freedom of speech and debate of members of Congress. 2. Qualifiedly privileged Not actionable unless the author acted in bad faith. This does NOT include Congress Itself! Osmea vs. Pendatun: The Senate expelled Senator Osmea from the Senate when he maligned the President in his speech. SC: The Senates act is valid. Congress can punish their members [Art VI, Secc 16(3)]. The freedom of speech and debate cannot be invoked in Congress itself. The constitution says, in any other place. People vs. Jalosjos: To allow Jalosjos to attend congressional session will virtually make him a free man; this would be a mockery of the correctional system. Immunity of Members of the Congress - arises from a constitutional provision - granted in a restrictive sense - cannot be extended by Intendment Implication Equitable considerations Q: During pendency of his appeal from conviction of RTC, should he be allowed to post bail? A. NO. Evidence of guild is strong; should wait for decision on appeal inside the penitentiary. 1987 Constitution says Art III, Sec 13 All persons, except those charged with offenses punishable by reclusion perpetua, when the evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. x x x

Rules of Court say

Rule 114 Sec 4 Bail, a matter of right; exception: All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this rule. (a) before / after conviction by the MTC; and (b) before conviction by RTC of an offense not punishable by death, R.P, or life imprisonment. Rule 114 Sec 5 Bail, when discretionary Upon conviction by the RTC of an offense NOT punishable by death, RP, or LI, admission to bail is discretionary. x x x Therefore: Matter of Right before conviction, punishable by penalty lower than reclusion perpetua Exception: charged with offense punishable by RP or death. Matter of Discretion before conviction punishable by penalty of reclusion perpetua or higher when the evidence of guilt is strong, there will be a hearing to determine whether evidence of guilt is strong. After conviction, go to Rule 114 sections 4 and 5.

Power to Conduct Investigations and Inquiries


Sec 21, Art VI The senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected. Nature of the power to conduct investigations and inquiries - non-legislative but integral in the grant of Legislative power - It is investigative. Arnault vs. Nazareno: In the 1935 Constitution, there is no express provision regarding inquiries in aid of legislation. However, it is intrinsic to conduct inquiries in aid of legislation. Therefore, even without such provision, this power is present. Q: Is the power absolute? A: NO! Section 21 provides for the following limitations: (1) It must be in aid of legislation. (2) It must be made in accordance with duly published rules of procedures (3) The rights of persons appearing in, or affected by such inquiries shall be respected. The right against self incrimination (Art III sec 17) may be invoked. In aid of legislation Bengzon Jr vs. Senate Blue Ribbon Committee

Senator Enrile made a privileged speech on the alleged takeover of the SOLOIL Inc. by Ricardo Lopa, a relative of President Auino, and asked the Senate to look into the possible violation of the law, particularly with regard to RA3019, the Anti-Graft and Corrupt Practices Act. The matter was referred to the Senate Blue Ribbon Committee. Not an inquiry for inquirys sake. SC: This cannot be allowed. Enriles speech had no suggestion of contemplated legislation. The purpose of inquiry was to find out whether Ricardo Copa violated the law. Thus, there is not intended legislation involved. Q: Is this subject to Judicial Review? A: General Rule: NO! It is a political question. Exception: When it is tainted with grave abuse of discretion amounting to lack or excess or jurisdiction. In view of the expanded power of the Courts, the SC can inquire whether the inquiry is in accordance with the limitations under the constitution. Q: What is the executive privilege? A: It is the power of the government (the President or Executive Secretary acting in behalf of the president) to withhold information from the public, the couts and the Congress. - unless the question is asked, you cannot invoke this privilege - It must be invoked (not implied) expressly; must not be a blanket invocation. - It is attached to information, and not the person asked. Q: What are the varieties of Executive privilege? A: (1) State Secrets Privilege Information is of such nature that its disclosure would subvert crucial military or diplomatic objective. (2) Informers Privilege the privilege of the Government not to disclose the identity of persons who furnish information of violations of law to officers charged with the enforcement of that law. (3) Generic privilege for internal deliberations attached to intra-governmental documents reflecting advisory opinions, recommendations, and deliberations comprising part of a process by which governmental decisions and policies are formulated. Power to Conduct a Question Hour Art VI, Sec 22 The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either house, as the rules of each house shall provide, appear before and be heard by such house on any matter pertaining to their departments x x x 2 ways to initiate a question hour: Own initiative, with the consent of the President Upon request of either house.

Q: What is Question Hour? A: It is a period of confrontation initiated by the parliament to hold the prime minister and other ministers accountable for their acts and the operation of the government. (definition borrowed from a parliamentary government). Senate of the Philippines vs Ermita Sections 21 and 22, therefore, while closely related and complementary to each other, should not be considered as pertaining to the same power of Congress. Section 21 Section 22 - relates to the power to conduct inquiries - pertains to the power to conduct a in aid of legislation; the aim of which is to questions hour; the aim of which is to elicit information that may be used for obtain information in the pursuit of the legislation. congress oversight function - co-extensive with the power to legislate - in pursuit of Congress oversight function - attendance is meant to be compulsory* - attendance is meant to be discretionary - grounded on the necessity of information - congress merely seeks to be informed on in the legislative process (the power of how department heads are implementing inquiry being co-extensive with the power the statutes which it has issued. to legislate) *non-appearance will impair the work of Congress and violate Section 7 of the Bill of Rights (right to information in matters of public concern through their duly elected representatives in Congress) Q: May members of Cabinet and other top executive officials validly refuse to appear before congressional inquiries without the consent of the President by invoking EO 464 (prohibiting members of the cabinet and other Executive officials from appearing in Congressional Inquiries) promulgated by the President? A: If the requirement then to secure presidential consent under EO 464 is limited only to appearances in the Question hour, then it is VALID. For under Section 22, Article VI of the Constitution, the appearance of department heads in question hour is discretionary on their part. However, this cannot be applied to department heads in inquiries in aid of legislation. Congress is not bound in such instances to respect the refusal of the department heads to appear in such inquiry, unless a valid claim of privilege is subsequently made, either by the President himself, or by the Executive secretary (Senate of the Philippines vs. Ermita). A claim of privilege, being a claim of exemption from an obligation to disclose information must be clearly asserted. Absent a statement of the specific basis of a claim of executive privilege, there is no way of determining whether it falls under one of the traditional privileges, whether given the circumstances in which it is made. It should be respected.

Legislative Contempt The power to punish for Contempt Nature of the power to punish for contempt General Rule: The power is Judicial in nature. It is an inherent power of the court. Exeption: When exercised by the Congress or any of its committees when conducting inquiries in aid of legislation (legislative contempt), one can be held in detention/sent to prision. Q: How long can one be held in detention for legislative contempt? A: For as long as he refuses to cooperate, it is not limited to the duration of the session of Congress. Thus, a person holds the key to his own freedom. (Arnault vs. Nazareno) Q: Does the pardoning power of the president apply to cases of Legislative Contempt? A: NO. It is a limitation on the presidents power to pardon by virtue of the doctrine of separation of powers.

Bodies Attached To Congress:


(1) Commission on Appointments (Art. VI, Sec 18) (2) Electoral Tribunals (Art VI, Sec 17) Commission on Appointments Section 18, Art VI There shall be a commission on Appointments consisting of the President of the Senate as ex officio chairman, twelve senators and twelve members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The commission shall rule by a majority vote of all the members. Organization Q: How many members? A: 25 Senate President ex officio chairman 12 Senators 12 Representatives (from the House of Representatives) Q: How are the 24 members chosen? A: based on proportional representation from political parties (including party list) having membership in the senate or House of representatives. Example: Senate composition: K4 = 10 KNP = 8 LOP = 4 LAKAS = 2

Formula to determine seats per party in the Commission on Appointments: # of senators of party x 12 Total # of senators 12 is the # of CoA seats Simply put, it is the # of senators of a Party DIVIDED by 2 Follow the same formula for HOR component just use the # of congressmen. Therefore: K4 = 5 KNP = 4 LOP = 2 LAKAS = 1 Q: What if there are decimal places? A: Disregard (drop) the fraction. Otherwise, rounding off would violate the rule on proportional representation! Although some seats would not be filled, it is not mandatory that all seats be filled up. What is necessary is that there be a quorum (Guingona vs. Gonzales) Q: What is main function of the Commission on Appointments? A: To act on Presidential Appointments (checks-and-balances) Q: When can CoA meet? A: Only when the congress is in Session. (Art VI, Sec 19. 2nd sentence) The commission on Appointments shall meet only while the Congress is in session at the call of its chairman and a majority of all its members, to discharge such powers and functions as are herein conferred upon it - Thus, ad interim appointments are allowed (see Section 16, 2nd par. Art VII) Electoral Tribunals Section 17, Art VI The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members. Each Electoral Tribunal shall be composed of nine members. Three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its chairman. Two Electoral Tribunals (1) Senate Electoral Tribunal (SET) (2) House of Representatives Electoral Tribunal (HRET)

Membership 9 members Judicial Component 3 Supreme Court Justices; the most senior is the chairman (designated by the CJ) Legislative Component 6 senators / congressmen chosen on the basis of proportional representation Bondoc vs. Pineda FACTS: Congressman Camasura was a member of the HRET. There was an electoral contest involving his party-mate and Bondoc. The party instructed Camasura to vote for his party-mate. However, Camasura cast a conscience vote in Bondocs favor. Thus, the party expelled Camasura from HRET on the grounds of disloyalty to the party and breach of party discipline. HELD: The expulsion is VOID. SET/HRET members are entitled to security of tenure to ensure their impartiality and independence. As judge-members of the tribunal, they must be non-partisan; they must discharge their functions with complete detachment; Independence and impartiality, even from the party to which they belong. Thus, disloyalty to party and breach of party discipline are not valid grounds for expelling a tribunals member. The members are not supposed to vote along party lines once appointed, the house/senate leadership should not interfere with the tribunal. Although they are attached to congress, yet they are independent of Congress. Q: Can they meet when Congress is not in session? A: YES. Unlike the Commission on Appointments, they shall meet in accordance with their rules, regardless of whether congress is in session! Q: From the decision of SET or HRET, is there an appeal? A: NO. Sec 17 of Article VI provides that the SET/HRET is the sole judge of all contests x x x. Hence, from its decision, there is no appeal. Appeal is not a constitutional but merely a statutory right. Q: Is there any remedy from its decision? A: YES. A special civil action (an original action not a mode of appeal) for certiorari under Rule 65 may be filed. This is based on grave abuse of discretion amounting to lack or excess of jurisdiction. This will be filed before the SC.
[The other form of Certiorari is Rule 45, which is a mode of appeal on pure questions of law. This is a mode of appeal unlike the Special Civil action for Certiorari under Rule 65]

SET/HRETs jurisdiction is limited to contests relating to the election x x x of their respective members Romualdez-Marcos vs. COMELEC FACTS: In the 1995 elections, Imelda ran for HOR. A disqualification case was filed against her on account of her residence. The case was not resolved before the

election. Imelda won the election. However, she was not proclaimed. Imelda now questions the COMELECs jurisdiction over the case. HELD: The COMELEC still has jurisdiction. HRETs jurisdiction as the sole judge of all contests relating to the elections, etc..of members of congress begins only after a candidate has become a member of the HOR. Since Imelda has not yet been proclaimed, she is not yet a member of the HOR. Thus, COMELEC retains jurisdiction. (see RA6646, Sec 6, Electoral Reform Law of 1987) Guerrero vs. COMELEC FACTS: Rudy Farias of Ilocos Norte ran for Congressman. A disqualification case was filed against him, which was not resolved before the elections. He won and was proclaimed. COMELEC dismissed the pending disqualification case against Farias. This was questioned by Guerrero on the ground that HRET has jurisdiction only if there is a valid proclamation of the winning candidate. Thus, if a candidate does not ratify the statutory requirements, his subsequent proclamation is void and thus, COMELEC still has jurisdiction. HELD: The dismissal (of the case) is incorrect. This is a recognition of the jurisdictional boundaries between COMELEC and HRET. In an electoral contest where the validity of the proclamation of a winning candidate who has taken his oath of office and assumed his post as congressman is raised, the issue is best addressed to the HRET. This avoids duplicity of proceedings and a dash of jurisdiction between constitutional bodies.
[Thus, once a winning candidate has been proclaimed, taken his oath of office and assumed office as a member of the HOR, the COMELECs jurisdiction over election contests relating to his election returns and qualifications ends, and the HRETs own jurisdiction begins.]

The Legislative Process


Filing of the Bill General Rule: A bill may be introduced and may originate either from the Senate or the HOR. Exceptions: Bills that must originate exclusively with the HOR [APRIL] (1) Appropriations bill but senate may propose & (2) Private bills concur with amendments. (3) Revenue or Tariff bills Amendment by substitution (4) Bills Increasing the Public Debt is allowed. (5) Bills of Local Application Source: Article VI, section 24 All appropriate, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the senate may propose or concur with amendments.

Tolentino vs. Secretary of Finance EVAT is a revenue bill. It intends to rais income for the govt. FACTS: There were 2 versions of the EVAT the HOR and the Senate version. The HOR bill was first filed and the Senate suspended its own deliberations until the HOR version was sent to the Senate. Then, the senate passed its own version. Both versions were sent to the Bicameral Conference Committee. What eventually became the EVAL law was the senates version. HELD: It is not the law, but the revenue bill that is required to originate exclusively in the HOR. What the constitution simply means is that the INITIATIVE for filing revenue, tariff bills, etcmust come from the HOR on the theory that since the HOR members are elected from the districts, they can be expected to be more sensitive to the local needs and problems. A bill originating in the HOR may undergo such extensive changes in the Senate. The result may be a rewriting of the whole. To insist that the revenue statute must be substantially the same as the house bill would deny the senates power to concur and propose amendments. This would violate the coequality of the legislative power between the HOR and the Senate. Thus, the power of the senate to propose amendments includes the power to propose its own version. Amendments may be amendments by substitution. 2 rules: 1) One-subject-one-title rule Sec 26(1), Art VI Every bill passed by the Congress shall embrace only 1 subject, which shall be expressed in the title thereof. Objectives (De Guzman Jr. vs. COMELEC) (1) To prevent hodge-podge or log-rolling legislation; (2) To prevent surprise or fraud upon the legislature by means of provisions in bills of which the title gives no information and which might thus be overlooked and carelessly and unintentionally adopted; and (3) To fairly appraise the people, through such publication of legislative proceedings as usually made, of the subjects of legislation that are being considered, in order that they may have the opportunity of being heard thereon by petition or otherwise, if they shall so desire. In general, the rule seeks to prevent riders provision which is totally unrelated to the subject matter of the legislation being considered and may be the subject of a separate legislation. This rule is interpreted liberally! Philippine Judges Association vs. Prado FACTS: RA7354 is entitled, law creating the Philippine Postal Corporation. In section 35 (Repealing clause), the Judiciarys franking privilege was withdrawn. Philippine Judges Association argues that Section 35 is not expressed in the title of the law, and also the title does not reflect the purpose of withdrawing said franking privilege.

HELD: The bills title is not required to be an index to the body of the act, or to be comprehensive as to cover every single detail in the act. If the title fairly indicates the general subject and reasonable covers all the provisions of the act, and is not calculated to mislead the legislature or the people, there is sufficient compliance with the constitutional requirement.
[Here, when a statute repeals a former law, such repeal is the effect not the subject of the law and it is the subject and not the effect that is required to be briefly expressed in the title.]

Tobias vs. Abalos FACTS: San Juan and Mandaluyong used to be municipalities belonging to one (1) legislative district, with one congressman. RA7675 was enacted entitled, converting Mandaluyong into a highly urbanized city. Section 49 of said law creates a separate legislative district for Mandaluyong. The people approved the law in a plebiscite. Tobias now questions the legality of the law on the ground that it has 2 unrelated subjects: (1) conversion of Mandaluyong into a highly urbanized city, and (2) creation of a separate legislative district for Mandaluyong. HELD: The creation of a separate legislative district for Mandaluyong is NOT a subject separate from its conversion into a highly urbanized city. Instead, it is a natural and logical consequence of such conversion. This is because of Article VI, Section 5(3), which provides that each city with a population of at least 250,000 or each province shall have at least one (1) representative. This, for as long as various provisions are germane to the subject matter which is expressed in the title the rule is complied with. 2) Three readings on three separate days rule Sec 26(2), Art VI No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copied thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. General Rule: Each bill must undergo 3 separate readings on 3 separate days. (one in Senate, one in HOR = 6 days/readings all-in-all) First Reading - the bills title is read; it is assigned a number, and then referred to the appropriate committee - no deliberations yet - In the committee to which the bill was referred to, it may die a natural death if said committee sits on it. - If the members of the committee endorse the bill to the plenary, it will be calendared for 2nd reading.

Second Reading - The bill is sent back to the plenary. - In the plenary, it will be discussed in its entirety; there will be sponsorship speech, interpellations, deliberations; amendments may also be introduced. Third Reading - Requirement: 3 days before the scheduled 3rd reading. Printed copies of the bill will have to be distributed to each member of the house. - Here, there are no more deliberations, discussions, or amendments. - There is only voting; the yeas and nays must be entered in the journal. Exception: When the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Tolentino vs. Secretary of Finance When the president certifies as to the necessity of the Bills immediate enactment, it need not undergo 3 readings on 3 separate days and printed copies of the Bill need not be distributed to the members 3 days before the 3rd reading. What constitutes a public calamity or emergency is a political question into which the courts cannot interfere. While the sufficiency of the factual basis of the suspension of the writ of Habeas Corpus or declaration of ??? is subject to Judicial review because basic rights of individuals may be at hazard, the factual basis of presidential certification of bills, which involves doing away with procedural requirements designed to insure that bill are duly considered by member of congress, certainly should elicit a different standard of review. After 3 readings, the bill will be sent to the other house where it will undergo the same cumbersome process. If both houses have different versions of the Bill, said versions will be sent to the Bicameral Conference Committee for reconciliation. BICAMERAL CONFERENCE COMMITTEE (Sec 1, Art VI Bicameral Congress) Q: Is this mentioned in the Constitution? A: NO! But it can be inferred from: (a) Power of each house of Congress to have rules of proceedings under Art VI, Section 16(3) Each house may determine the rules of its proceedings x x x; and (b) The fact that we have a bicameral Congress Art VI, Sec 1 The legislative power shall be vested in the Congress x x x which shall consist of a senate and a HoR.

Nature and Functions of the Bicameral Conference Committee Source: Philippine Wages Association vs. Prado Primarily, it is a mechanism for compromising differences between the senate and the HoR; this is because we have a bicameral Congress. It is capable of producing unexpected results which can even go beyond its mandate. Referred to as the 3rd house of Congress not correct under our constitution, because there are only two houses. See Arroyo vs. De Venecia Referral back to the Senate and the HoR from the bicameral conference committee, the consolidated bill will be sent back to each House. There, the consolidated bill will be subject to voting; no more readings - If the yeas prevail over the nays the bill is passed and will be sent to the Senate Predient and the HoR speaker for signing. - If the nays prevail over the yeas another bicameral conference committee will be created until an acceptable version of the bill is created; the court did not say that the bill is killed.

Enrolled Bill Doctrine


Q: What is the enrolled bill doctrine? A: Once a bill has become an enrolled bill, it becomes conclusive upon the courts as to its enactment*, so that the courts will not inquire into whether that Bill was regularly enacted or not. * It is the enactment only and NOT its constitutionality or validity, which is subject to judicial review. Q: What is an enrolled bill? A: It is a bill that contains the signatures of the respective secretaries of both Houses of Congress, of the House Speaker and of the Senate President; and is to be sent to the President for his signature. In other words, the following are the signatories to the enrolled bill: Secretary of the senate and of the speaker Senate president Q: What is the reason for the doctrine? A: Separation of Powers. The courts should give due respect because the enrolled bill contains the signatures of the officers of the co-equal branches of Government. Journal Keeping Requirement Sec 16(4), Art VI Each house shall keep a Journal of its proceedings and from time to time publish the same, excepting such parts as may, in its judgment, affect national security x x x

Q: Between the enrolled bill and the Journal, which prevails? A: General Rule: Enrolled bill prevails Exception: Journal prevails as to the matters required by law to be entered into the Journal. They are regarded as conclusive: (1) The yeas and nays on the 3rd and final reading Art VI. Sec 26(2) Upon the last reading of a bill x x x the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. (2) The yeas and nays on any question at the request of 1/5 of the members present Art VI, Sec 16(4) Each house shall keep a journal of its proceedings x x x and the yeas and nays on any question shall, at the request of 1/5 of the members present, be entered in the journal. (3) The yeas and nays upon re-passing a bill over the Presidents veto. Art VI Sec 27(1) In such cases, the votes of each house shall be determined by yeas or nays, and the names of the members voting for or against shall be entered in its journal. (4) The presidents objection to a bill he had vetoed. Art VI Sec 27(1) every bill passed by Congress shall, before it becomes a law, be presented to the President x x x otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its journal x x x Astorga vs. Villegas FACTS: A bill of local application was filed in the and was there passed on 3rd reading without amendments. Forthwith, the bill was sent to the Senate for its concurrence. It was approved with minor amendments suggested by Senator Roxas, that instead of the City Engineer, it be the President Protempore of the Municipal Board who should succeed the Vice Mayor in case of the latters incapacity to act as Mayor. However, on second reading, substantial amendments to this were introduced by Senator Tolentino. These were approved in toto by Senate. The amendment recommended by Senator Roxas does not appear in the Journal of the Senate proceedings as having been acted upon. When the Secretary of the Senate sent a letter to the that the House Bill No. 9266 had been passed by the Senate with amendments, he attached a certification of the amendment, which were the ones actually approved by the senate. The thereafter signified its approval of the bill and caused copies thereof to be printed. The printed copies were then certified and attested by the secretaries of the and the senate and the speaker of the and the Senate president. When the printed copies were sent to the President, he affixed his signature thereto by was of approval. The bill became R.A. 4065. However, Senator Tolentino issued a press statement that the bill signed into law by the President was the wrong version. Consequently, the Senate President withdrew his signature. HELD: The court went beyond the enrolled bill and looked into the Journal to determine whether theres legal insertion or not. Enrolled bill to the President

Last stage From Congress, the bill will be sent to the President.

Q: How many options does the president have? A: 3 options: (1) President approves the bill (2) President vetoes the bill (3) President does not do anything (inaction) thirty (30) days after receipt of the bill.

bill becomes a law bill does not become a law automatically becomes a law

First option: President approves the Bill Sec 27 (1), Art VI Every bill passed by Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it xxx Second option: President vetoes the bill Sec 27 (1), Art VI Every bill passed by Congress shall, before it becomes a law, be presented to the President x x x otherwise, he shall veto it and return the same with his objections to the House where it originated. Requirements: (1) Sent the bill back to Congress, (2) Together with his objections (veto message) Q: Can Congress overthrow the veto (repass the law)? A: YES! With a 2/3 vote as provided under Sec 27(1) Art VI If after such reconsideration, 2/3 of all members of such House agree to pass the bill, it shall be sent, together with the objections to the other house by which it shall likewise be considered, and if approved by 2/3 of all members of that house, it shall become a law. Kinds of Veto (1) General Veto Art VI, Sec 27, par 1 (2) Item Veto or Line Veto Art VI, Sec 27, 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. General Rule: President may not veto a provision without vetoing the entire bill. The rule is all or nothing; selective veto is not allowed. The president may not veto a bill without vetoing the entire bill. The executive must veto a bill in its entirety or not at all. He cannot be an editor crossing our provisions which she dislikes. (Bengzon vs. Drilon) Exceptions: Selective veto is allowed in 3 kinds o bill (ART) (1) Appropriation bills (2) Revenue Bills (3) Tariff Bills

Grounds for Vetoing Ordinance by the Chief Executive Sec. 55 of LGC par. A [UP] 1. Ultra-vires/ 2. prejudicial to public welfare Sec 55 of LGC par. B: on Item/line veto: [PAL] 1. Appropriation Ordinance 2. Adopting a local development plan 3. Ordinance Authorizing Payment of money/creating Liability Q: Under the LGC, can Punong-Baranggay veto an ordinance? A: NO. He is part of the ordinance-making (or legislative process) body as the presiding officer of the sessions of Sangguniang Baranggay. Q: Do Local Chief Executives have veto power? A: NO. Q: How about a Governor? A: Yes. There is a vice-governor. Q: How about a Mayor? A. Yes. There is vice-mayor. Chief Executive of Baranggay 1. Chief Executive 2. Sangguniang Baranggay, presiding officer 3. Lupong Tagapamayapa 4. Can carry firearms Q: Is the Chief executive of Baranggay an agent, or a person-in-authority? A: Person-in-authority (recall Crim Book II can be subject to direct assault) N.B.: Policeman agent of person-in-authority Sec. 388 LGC - Punong Baranggay - Sangguniang Baranggay members - Lupong taga-pamayapa

Persons-in-authority

Doctrine of Inappropriate Provisions Provisions in an appropriation bill must relate to some particular provision therein (see Art VI, Sec 25(2)). If it does not, it becomes an inappropriate provision and will be treated as an item. Thus, it can be subject to the item veto (Gonzales vs. Macaraig)
(it means Kat, pag hinde A-R-T, kahit inappropriate provision yan, hindi pwede item veto, dib a? Kat. Hehe)

Gonzales vs. Macaraig

FACTS: the General Appropriations Bill contained a provision prohibiting the President from augmenting the funds of one department from the other. President Aquino vetoed that provision. Congress argued that what she vetoed was a provision, not an item. Thus, she effectively vetoed the entire bill since the item veto refers to items and not to provisions. HELD: The Court sustained the validity of the exercise by the President of her veto power, invoking the doctrine of inappropriate provision. Section 25, par 2, Art VI No provision or enactment shall be embraced in the general appropriations bill, unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. Q: May the President veto a LAW? A: NO. What the president may validly veto is ONLY a BILL and neither the provisions of LAW 35 years before his term nor a final and executory judgment of the Supreme Court. (Bengzon vs. Drilon) Item vs. Provision in an appropriation bill An item is a specific appropriation of money, not some general provision of law that happens to be in an appropriation bill. Third option: President does not do anything (inaction) Sec 27 (1), Art VI [last sentence] x x x The president shall communicate his veto of any bill to the House where it originated within thirty days after the ate of receipt thereof; otherwise, it shall become a law as if he had signed it. Q: Is pocket veto valid or practiced in our jurisdiction? A: NO. There is not such thing as pocket veto in the Philippines. Unlike in the US if within 10 days, the president fails to act on the Bill and Congress adjourns, the bill does not become a law. In our jurisdiction, the bill automatically becomes a law if the President does not act within 30 days after receipt of the Bill. Example of Bills which lapsed into law by the Presidents inaction: Bar Flunkers Act President Quirino Changing the name of Manila Intl Airport to Ninoy Aquino Intl Airport President Aquino Q: What if the President does not veto the inappropriate item? A: It becomes a law/ rider which may be a separate subject of legislation. Doctrine of Qualified Political Agency (Alter Ego Doctrine) - Members of the Cabinet are considered acts/decisions of the President UNLESS reprobated by the latter. - Members of the Cabinet are considered alter ego of he President.

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