Final Exam Reviewer

7. Powers of Congress
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 provision on initiative and referendum.
a. General Plenary Powers
The legislative power shall be vested in the Congress of the Philippines except to the extent reserved to the
people under rticle !", Section #$ on initiative and referendum.

b. Limitations on the Legislative Power
1. Substantive limitations
There are certain express and implied substantive limitations on the power to enact laws. The express
substantive limitations are found in the Constitution.
The Bill of Rights Certain rights and freedoms of individuals are limitations to the power of the
Congress to legislate. Thus several provisions of the bill of rights begin with !"o law shall be
passed#$
2. Procedural limitations
8. Legislative Process
a. Reuirements as to bills
1. !s to titles of bills
Ever% bill passed b% the Congress shall embrace onl% one sub&ect which shall be expressed in the
title thereof.
The title must fairl% indicate the general sub&ect and reasonabl% cover all the provisions of the act
so as not to mislead the legislature or the people.
"io vs #ideogram Regulatory $oard% 1&1 SCR! 2'8
The tax provision is not inconsistent with nor foreign to that general sub&ect and title. 's a tool for regulation it is simpl%
one of the regulator% and control mechanisms scattered throughout the (ECREE. The express purpose of the (ECREE to
include taxation of the video industr% in order to regulate and rationali)e the heretofore uncontrolled distribution of
videograms is evident from *reambles + and , supra. Those preambles explain the motives of the lawma-er in presenting
the measure. The title of the (ECREE which is the creation of the .ideogram Regulator% Board is comprehensive enough
to include the purposes expressed in its *reamble and reasonabl% covers all its provisions. /t is unnecessar% to express all
those ob&ectives in the title or that the latter be an index to the bod% of the (ECREE.
0idasan vs. Comelec +1 2CR' 374 514677
Cru) vs. *aras 1+8 2CR' ,64 514987
"obias v. !balos% 2() SCR! 1'* +1)),-
Contrar% to petitioners: assertion the creation of a separate congressional district for ;andalu%ong is not a sub&ect separate
and distinct from the sub&ect of its conversion into a highl% urbani)ed cit% but is a natural and logical conse<uence of its
conversion into a highl% urbani)ed cit%. .eril% the title of R.'. "o. 767,. ='n 'ct Converting the ;unicipalit% of
;andalu%ong /nto a >ighl% ?rbani)ed Cit% of ;andalu%ong= necessaril% includes and contemplates the sub&ect treated
under 2ection 34 regarding the creation of a separate congressional district for ;andalu%ong.
2. Reuirements as to certain laws
a. !..ro.riation laws
"o mone% shall be paid out of the Treasur% except in pursuance of an appropriation made b% law.
Section 2,. 'll appropriation revenue or tariff bills bills authori)ing increase of the public debt
bills of local application and private bills shall originate exclusivel% in the >ouse of
Representatives but the 2enate ma% propose or concur with amendments.
"he General !..ro.riations !ct
Section 22. The *resident shall submit to the Congress within thirt% da%s from the opening of
ever% regular session as the basis of the general appropriations bill a budget of expenditures and
sources of financing including receipts from existing and proposed revenue measures.
Section 2&.
1. The Congress ma% not increase the appropriations recommended b% the *resident for the
operation of the @overnment as specified in the budget. The form content and manner of
preparation of the budget shall be prescribed b% law.
+. "o provision or enactment shall be embraced in the general appropriations bill unless it
relates specificall% to some particular appropriation therein. 'n% such provision or enactment
shall be limited in its operation to the appropriation to which it relates.
8. The procedure in approving appropriations for the Congress shall strictl% follow the
procedure for approving appropriations for other departments and agencies.
3. ' special appropriations bill shall specif% the purpose for which it is intended and shall be
supported b% funds actuall% available as certified b% the "ational Treasurer or to be raised
b% a corresponding revenue proposal therein.
,. "o law shall be passed authori)ing an% transfer of appropriationsA however the *resident
the *resident of the 2enate the 2pea-er of the >ouse of Representatives the Chief Bustice of
the 2upreme Court and the heads of Constitutional Commissions ma% b% law be authori)ed
toaugment an% item in the general appropriations law for their respective offices from
savings in other items of their respective appropriations.
6. (iscretionar% funds appropriated for particular officials shall be disbursed onl% for public
purposes to be supported b% appropriate vouchers and sub&ect to such guidelines as ma% be
prescribed b% law.
7. /f b% the end of an% fiscal %ear the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal %ear the general appropriations law for the
preceding fiscal %ear shall be deemed reCenacted and shall remain in force and effect until
the general appropriations bill is passed b% the Congress.
/emetria vs. !lba% 1,8 SCR! 2'8 +1)80-
The prohibition to transfer an appropriation for one item to another was explicit and categorical under the 1478 Constitution.
>owever to afford the heads of the different branches of the government and those of the constitutional commissions
considerable flexibilit% in the use of public funds and resources the constitution allowed the enactment of a law authori)ing
the transfer of funds for the purpose of augmenting an item from savings in another item in the appropriation of the
government branch on constitutional bod% concerned. The leewa% granted was thus limited. Transferred were specified i.e.
transfer ma% be allowed for the purpose of augmenting an item and such transfer ma% be allowed for the purpose of
augmenting an item and such transfer ma% be made onl% if there are savings form another item in the appropriation of the
government branch or constitutional bod%.
Guingona vs. Caraue% 1)* SCR! 221 +1))1-
=Dhat cannot be delegated is the authorit% under the Constitution to ma-e laws and to alter and repeal themA the test is the
completeness of the statute in all its terms and provisions when it leaves the hands of the legislature. To determine whether
or not there is an undue delegation of legislative power the ine<uit% must be directed to the scope and definiteness of the
measure enacted. The legislature does not abdicate its function when it describes what &ob must be done who is to do it and
what is the scope of his authorit%. For a complex econom% that ma% indeed be the onl% wa% in which legislative process can
go forward . . . To avoid the taint of unlawful delegation there must be a standard which implies at the ver% least that the
legislature itself determines matters of principle and la%s down fundamental polic% . . . The standard ma% be either express
or implied . . . from the polic% and purpose of the act considered as whole . . .=
*hilconsa vs. Enri<ue) @.R. 1181E, 'ugust 14 1443
b. "a1 laws

's a general rule the power to tax being an essential aspect of sovereignt% is inherentl%
legislative and is therefore nonCdelegable. The 1497 Constitution however provides for two
exceptions. The first is the delegation of tariff powers to the *resident to enable him to act
promptl% on matters affecting the national econom%. The second is delegation of taxing powers to
local in the pursuance of the polic% on local autonom% sub&ect onl% to limitations that ma% be
imposed b% Congress.
Constitutional Provisions.
%. The rule of taxation shall be uniform and e&uitable. The Congress shall evolve a
progressive system of taxation.
$. The Congress may, by law, authori'e the President to fix within specified limits, and
sub(ect to such limitations and restrictions as it may impose, tariff rates, import and
export &uotas, tonnage and wharfage dues, and other duties or imposts within the
framewor) of the national development program of the *overnment.
#. Charitable institutions, churches and personages or convents appurtenant thereto,
mos&ues, non+profit cemeteries, and all lands, buildings, and improvements, actually,
directly, and exclusively used for religious, charitable, or educational purposes shall be
exempt from taxation.
,. -o law granting any tax exemption shall be passed without the concurrence of a
ma(ority of all the .embers of the Congress.
Tolentino vs. 2ec. of Finance @.R. 11,3,, 'ug. +, 1443
Lung Center v. 2. C.% G.R. 3o. 1,,1',. 4une 2)% 2''3
5Tax Exemption7
The Court held that the petitioner is a charitable institution within the context of the 1478 and 1497 Constitutions. To
determine whether an enterprise is a charitable institutionFentit% or not the elements which should be considered include the
statute creating the enterprise its corporate purposes its constitution and b%Claws the methods of administration the nature
of the actual wor- performed the character of the services rendered the indefiniteness of the beneficiaries and the use and
occupation of the properties.
/n the legal sense a charit% ma% be full% defined as a gift to be applied consistentl% with existing laws for the benefit of an
indefinite number of persons either b% bringing their minds and hearts under the influence of education or religion b%
assisting them to establish themselves in life or otherwise lessening the burden of government. /t ma% be applied to almost
an%thing that tend to promote the wellCdoing and wellCbeing of social man. /t embraces the improvement and promotion of
the happiness of man. The word =charitable= is not restricted to relief of the poor or sic-. The test of a charit% and a
charitable organi)ation are in law the same. The test whether an enterprise is charitable or not is whether it exists to carr%
out a purpose reorgani)ed in law as charitable or whether it is maintained for gain profit or private advantage.
Dhat is meant b% actual direct and exclusive use of the propert% for charitable purposes is the direct and immediate and
actual application of the propert% itself to the purposes for which the charitable institution is organi)ed. /t is not the use of
the income from the real propert% that is determinative of whether the propert% is used for taxCexempt purposes.
The petitioner failed to discharge its burden to prove that the entiret% of its real propert% is actuall% directl% and exclusivel%
used for charitable purposes. Dhile portions of the hospital are used for the treatment of patients and the dispensation of
medical services to them whether pa%ing or nonCpa%ing other portions thereof are being leased to private individuals for
their clinics and a canteen. Further a portion of the land is being leased to a private individual for her business enterprise
under the business name =Elliptical Grchids and @arden Center.=
The Court held that the portions of the land leased to private entities as well as those parts of the hospital leased to private
individuals are not exempt from such taxes. Gn the other hand the portions of the land occupied b% the hospital and
portions of the hospital used for its patients whether pa%ing or nonCpa%ing are exempt from real propert% taxes.
"an v. /el Rosario% 2(0 SCR! (2, +2'''-
Petitioner intimates that Re.ublic !ct 3o. 0,)* desecrates the constitutional reuirement that ta1ation 5shall be
uniform and euitable5 in that the law would now attem.t to ta1 single .ro.rietorshi.s and .rofessionals differently
from the manner it im.oses the ta1 on cor.orations and .artnershi.s. "he contention clearly forgets% however% that
such a system of income ta1ation has long been the .revailing rule even .rior to Re.ublic !ct 3o. 0,)*.
2ection 6 of Revenue Regulation "o. +C48 did not alter but merel% confirmed the above standing rule as now so modified
b% Republic 'ct "o. 7346 on basicall% the extent of allowable deductions applicable to all individual income taxpa%ers on
their nonCcompensation income. There is no evident intention of the law either before or after the amendator% legislation to
place in an une<ual footing or in significant variance the income tax treatment of professionals who practice their respective
professions individuall% and of those who do it through a general professional partnership.
@arcia v. Executive 2ecretar% +11 2CR' +14 5144+7
Bohn >a% *'C v. 0im @.R. "o. 11477, Gctober +3 +EE8
c. !..ellate 6urisdiction of the Su.reme Court
7abian v. /esierto% G.R. 3o. 12)0,2% Se.tember 1*% 1))8
b. Procedure for the .assage of bills
"o bill passed b% either >ouse shall become a law unless it has passed three readings on separate da%s and printed copies
thereof in its final form have been distributed to its ;embers three da%s before its passage except when the *resident
certifies to the necessit% of its immediate enactment to meet a public calamit% or emergenc%. ?pon the last reading of a bill
no amendment thereto shall be allowed and the vote thereon shall be ta-en immediatel% thereafter and the %eas and na%s
entered in the Bournal.
The 2ecretar% reports the bill for first reading which consists of reading the number and title of the bill followed b% its
referral to the appropriate Committee for stud% and recommendation. Gn second reading the bill shall be read in full with
the amendments proposed b% the committee unless copies thereof are distributed and such reading is dispensed with. Then
the bill will be sub&ect to debates pertinent motions and amendments. 'fter the amendments the bill will be voted on
second reading. ' bill approved on the second reading shall be included in the calendar of bills for third reading. Gn third
reading the bill as approved on second reading will be submitted for final vote.
Exceptions to three readings and printed copies there are two exceptions to the rule that three readings must be made on
several da%s and that a printed cop% of the bill must be given three da%s before third reading as followsH
Dhen the president certifies to the necessit% of the immediate enactment of a bill to meet a public calamit% or emergenc%.
Dhen Congress convenes to call a special election to elect the *resident and .iceC*resident.
"olentino v. Secretary of 7inance% su.ra
"he contention of .etitioners is that in enacting Re.ublic !ct 3o. 001*% or the 81.anded #alued9!dded "a1 Law%
Congress violated the Constitution because% although :. 3o. 111)0 had originated in the :ouse of Re.resentatives% it
was not .assed by the Senate but was sim.ly consolidated with the Senate version +S. 3o. 1*('- in the Conference
Committee to .roduce the bill which the President signed into law. "he following .rovisions of the Constitution are
cited in su..ort of the .ro.osition that because Re.ublic !ct 3o. 001* was .assed in this manner% it did not originate
in the :ouse of Re.resentatives and it has not thereby become a law;
!rt. #<% = 2,; !ll a..ro.riation% revenue or tariff bills% bills authori>ing increase of the .ublic debt% bills of local
a..lication% and .rivate bills shall originate e1clusively in the :ouse of Re.resentatives% but the Senate may .ro.ose
or concur with amendments.
/d. I +65+7H "o bill passed b% either >ouse shall become a law unless it has passed three readings on separate da%s and
printed copies thereof in its final form have been distributed to its ;embers three da%s before its passage except when the
*resident certifies to the necessit% of its immediate enactment to meet a public calamit% or emergenc%. ?pon the last reading
of a bill no amendment thereto shall be allowed and the vote thereon shall be ta-en immediatel% thereafter and the %eas
and na%s entered in the Bournal.
The argument that R' 7716 did not originate exclusivel% in the >ouse of Representatives as re<uired b% 'rt. ./ 2ec. +3
of the Constitution will not bear anal%sis. To begin with it is not the law but the revenue bill which is re<uired b% the
Constitution to originate exclusivel% in the >ouse of Representatives. To insist that a revenuestatute and not onl% the bill
which initiated the legislative process culminating in the enactment of the law must substantiall% be the same as the
>ouse bill would be to den% the 2enateJs power not onl% to concur with amendments but also to propose amendments.
/ndeed what the Constitution simpl% means is that the initiative for filingrevenue tariff or tax bills bills authori)ing an
increase of the publicdebt private bills and bills of local application must come from the >ouse of Representatives on the
theor% that elected as the% are from the districts the members of the >ouse can be expected to be more sensitive to the local
needs and problems. "or does the Constitutionprohibit the filing in the 2enate of a substitute bill in anticipation of its receipt
of the bill from the >ouse so long as action b% the 2enate as a bod% is withheld pending receipt of the >ouse bill.
The next argument of the petitioners was that 2. "o. 168E did not pass 8 readings on separate da%s as re<uired
b% the Constitutionbecause the second and third readings were done on the same da%. But this was because the *resident
had certified 2. "o. 168E as urgent. The presidential certification dispensed with the re<uirement not onl% of printing but
also that of reading the bill on separate da%s. That upon the certification of a bill b% the *resident the re<uirement of
8 readings on separate da%s and of printing and distribution can be dispensed with is supported b% the weight of legislative
practice.
*hilconsa v. Enri<ue) supra
@on)ales vs ;acaraig. @.R. "o. 97686 "ov. 14 144E
Beng)on vs (rilon +E9 2CR' 188 5144+7
;iller vs. ;ardo + 2CR' 949 514617
!..roval of the President
Ever% bill passed b% the Congress shall before it becomes a law be presented to the *resident. /f he approves the same he
shall sign itA otherwise he shall veto it and return the same with his ob&ections to the >ouse where it originated which shall
enter the ob&ections at large in its Bournal and proceed to reconsider it. /f after such reconsideration twoCthirds of all the
;embers of such >ouse shall agree to pass the bill it shall be sent together with the ob&ections to the other >ouse b%
which it shall li-ewise be reconsidered and if approved b% twoCthirds of all the ;embers of that >ouse it shall become a
law. /n all such cases the votes of each >ouse shall be determined b% %eas or na%s and the names of the ;embers voting
for or against shall be entered in its Bournal.The *resident shall communicate his veto of an% bill to the >ouse where it
originated within thirt% da%s after the date of receipt thereof otherwise it shall become a law as if he had signed it.
#eto Power of the President
The *resident shall have the power to veto an% 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 ob&ect.
"o poc-et veto a poc-et veto is one b% which the *resident secures disapproval of a bill of Congress b% mere inaction
after the ad&ournment of Congress. /n the *hilippines an inaction b% the *resident for 8E da%s will result in the *assage of
the Bill. /f the Congress is not in session the *resident must still act in order to veto the bill.
"o 2elective .eto The *resident is limited to approving the bill or disapproving it. >e cannot choose onl% the parts that he
li-es and veto the rest. Thus when the *resident approves one part and vetoes another the veto is ineffective. >owever in
the case of appropriations revenue or tariff bills the *resident shall have the power to veto an% particular item or items
without vetoing the other item or items to which he does not ob&ect.
Congress cannot include in a general a..ro.riations bill matters that should be more .ro.erly enacted in se.arate
legislation% and if it does that% the ina..ro.riate .rovisions inserted by it must be treated as 5item%5 which can be
vetoed by the President in the e1ercise of his item9veto .ower.
"he veto .ower% while e1ercisable by the President% is actually a .art of the legislative .rocess +?emorandum of
4ustice <rene Cortes as !micus Curiae% ... (90-. "hat is why it is found in !rticle #< on the Legislative /e.artment
rather than in !rticle #<< on the 81ecutive /e.artment in the Constitution. "here is% therefore% sound basis to
indulge in the .resum.tion of validity of a veto. "he burden shifts on those uestioning the validity thereof to show
that its use is a violation of the Constitution.
@nder his general veto .ower% the President has to veto the entire bill% not merely .arts thereof +1)80 Constitution%
!rt. #<% Sec. 20A1B-. "he e1ce.tion to the general veto .ower is the .ower given to the President to veto any .articular
item or items in a general a..ro.riations bill +1)80 Constitution% !rt. #<% Sec. 20 A2B-. <n so doing% the President must
veto the entire item.
' general appropriations bill is a special t%pe of legislation whose content is limited to specified sums of mone% dedicated
to a specific purpose or a separate fiscal unit. 5*hilconsa vs. Enri<ue)7
Gverriding the .eto 'fter consideration of the ob&ections raised b% the *resident in his veto message the >ouse from
which the bill originated ma% reconsider the bill. TwoCthirds of all the members of such bill must agree to pass the bill.
Thereafter it shall be sent together with the ob&ections of the *resident to the other house li-ewise for possible
reconsideration if approved b% twoCthirds of all members of the other house it shall become a law.
c. 8ffectivity of laws
Tanada vs. Tuvera 186 2CR' +7 5149,7
Executive Grder "o. +EE Bune 19 1497
c. 2uestion :our
Section 22. The heads of departments ma% upon their own initiative with the consent of the *resident or
upon the re<uest of either >ouse as the rules of each >ouse shall provide appear before and be heard b% such
>ouse on an% matter pertaining to their departments. Dritten <uestions shall be submitted to the *resident of
the 2enate or the 2pea-er of the >ouse of Representatives at least three da%s before their scheduled
appearance. /nterpellations shall not be limited to written <uestions but ma% cover matters related thereto.
Dhen the securit% of the 2tate or the public interest so re<uires and the *resident so states in writing the
appearance shall be conducted in executive session.
d. Legislative investigation
Section 21. The 2enate or the >ouse of Representatives or an% of its respective committees ma% conduct
in<uiries in aid of legislation in accordance with its dul% published rules of procedure. The rights of persons
appearing in or affected b% such in<uiries shall be respected.
!rmault vs. 3a>areno% 80 Phil. 2) +1)&'-
1. DG" the 2enate has the power to punish 'rnault for contempt for refusing to reveal the name of the person to
whom he gave the *33EEEE.
+. DG" the 2enate lac-s authorit% to commit him for contempt for a term be%ond its period of legislative session
which ended on ;a% 19 14,E.
8. DG" the privilege against self incrimination protects the petitioner from being <uestioned.
>E0(H
1. KE2.
Gnce an in<uir% is admitted or established to be within the &urisdiction of a legislative bod% to ma-e the investigating
committee has the power to re<uire a witness to answer an% <uestion pertinent to that in<uir% sub&ect of course to his
constitutional right against selfCincrimination.
The in<uir% to be within the &urisdiction of the legislative bod% to ma-e must be material or
necessar% to the exercise of a power in it vested b% the Constitution such as to legislate or to expel a ;emberA and ever%
<uestion which the investigator is empowered to coerce a witness to answer must be material or pertinent to the sub&ect of
the in<uir% or investigation.
The materialit% of the <uestion must be determined b% its direct relation to the sub&ect of the in<uir% and not b% its
indirect relation to an% proposed or possible legislation. The reason is that the necessit% or lac- of necessit% for legislative
action and the form and character of the action itself are determined b% the sum total of the information to be gathered as a
result of the investigation and not b% a fraction of such information elicited from a single <uestion.
+. "G
2enate is a continuing bod% and which does not cease to exist upon the periodical dissolution of the Congress or of the
>ouse of Representatives. There is no limit as to time to the 2enate:s power to punish for contempt in cases where that
power ma% constitutionall% be exerted as in the present case.
2enate will not be disposed to exert the power be%ond its proper bounds i.e. abuse their power and -eep the witness in
prison for life. /f proper limitations are disregarded Court isalwa%s open to those whose rights might thus be transgressed.
8. "G
Court is satisfied that those answers of the witness to the important <uestion which is the name of that person to whom
witness gave the *33EEEE were obviousl% false. >is insistent claim before the bar of the 2enate that if he should reveal the
name he would incriminate himself necessaril% implied that he -new the name. ;oreover it is unbelievable that he gave
*33EEEE to a person to him un-nown. =Testimon% which is obviousl% false or evasive is e<uivalent to a refusal to testif%
and is punishable as contempt assuming that a refusal to testif% would be so punishable.=
2ince according to the witness himself the transaction was legal and that he gave the *33EEEE to a representative of
Burt in compliance with the latter:s verbal instruction Court found no basis upon which to sustain his claim that to reveal
the name of that person might incriminate him.
'rmault vs. Balagtas 47 *hil. 8,9 514,,7
Beng)on vs. 2en. Blue Rib. Comm. +E8 2CR' 767 514417
2enate v. Ermita @.R. "o. 164777 'pril +E +EE6
2abio v. @ordon @.R. 17383E Gctober 17 +EE6
"eri v. 2enate @.R. 19E638 ;arch +, +EE9
@arcillano v. >ouse of Representatives @.R. "o. 17E889 (ec. +8 +EE9
). Cther Powers;
a. !ct as board of canvassers for .residential election
The returns of ever% election for *resident and .iceC*resident dul% certified b% the board of canvassers of each
province or cit% shall be transmitted to the Congress directed to the *resident of the 2enate. ?pon receipt of the
certificates of canvass the *resident of the 2enate shall not later than thirt% da%s after the da% of the election
open all the certificates in the presence of the 2enate and the >ouse of Representatives in &oint public session
and the Congress upon determination of the authenticit% and due execution thereof in the manner provided b%
law canvass the votes.
*imentel v. Boint Com. @R168798 Bune ++ +EE3
b. Call a s.ecial election for Presidency

The Congress shall at ten o:cloc- in the morning of the third da% after the vacanc% in the offices of the
*resident and .iceC*resident occurs convene in accordance with its rules without need of a call and within
seven da%s enact a law calling for a special election to elect a *resident and a .iceC *resident to be held not
earlier than fort%Cfive da%s nor later than sixt% da%s from the time of such call. The bill calling such special
election shall be deemed certified under paragraph + 2ection +6 'rticle .1 of this Constitution and shall
become law upon its approval on third reading b% the Congress. 'ppropriations for the special election shall be
charged against an% current appropriations and shall be exempt from the re<uirements of paragraph 3 2ection
+, 'rticle .1 of this Constitution. The convening of the Congress cannot be suspended nor the special election
postponed. "o special election shall be called if the vacanc% occurs within eighteen months before the date of
the next presidential election.
c. /ecide on disability of the President
Dhenever the *resident transmits to the *resident of the 2enate and the 2pea-er of the >ouse of
Representatives his written declaration that he is unable to discharge the powers and duties of his office and
until he transmits to them a written declaration to the contrar% such powers and duties shall be discharged b%
the .iceC*resident as 'cting *resident.
Dhenever a ma&orit% of all the ;embers of the Cabinet transmit to the *resident of the 2enate and to the
2pea-er of the >ouse of Representatives their written declaration that the *resident is unable to discharge the
powers and duties of his office the .iceC*resident shall immediatel% assume the powers and duties of the office
as 'cting *resident.
Thereafter when the *resident transmits to the *resident of the 2enate and to the 2pea-er of the >ouse of
Representatives his written declaration that no inabilit% exists he shall reassume the powers and duties of his
office. ;eanwhile should a ma&orit% of all the ;embers of the Cabinet transmit within five da%s to the
*resident of the 2enate and to the 2pea-er of the >ouse of Representatives their written declaration that the
*resident is unable to discharge the powers and duties of his office the Congress shall decide the issue. For that
purpose the Congress shall convene if it is not in session within fort% eight hours in accordance with its rules
and without need of call.
/f the Congress within ten da%s after receipt of the last written declaration or if not in session within twelve
da%s after it is re<uired to assemble determines b% a twoCthirds vote of both >ouses voting separatel% that the
*resident is unable to discharge the powers and duties of his office the .iceC*resident shall act as *residentA
otherwise the *resident shall continue exercising the powers and duties of his office.
d. Legislative veto or e1tension for sus.ension of writ of habeas cor.us or declaration of
martial law
The *resident shall be the CommanderCinCChief of all armed forces of the *hilippines and whenever it becomes
necessar% he ma% call out such armed forces to prevent or suppress lawless violence invasion or rebellion. /n
case of invasion or rebellion when the public safet% re<uires it he ma% for a period not exceeding sixt% da%s
suspend the privilege of the writ of habeas corpus or place the *hilippines or an% part thereof under martial law.
Dithin fort%Ceight hours from the proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus the *resident shall submit a report in person or in writing to the Congress. The Congress voting
&ointl% b% a vote of at least a ma&orit% of all its ;embers in regular or special session ma% revo-e such
proclamation or suspension which revocation shall not be set aside b% the *resident. ?pon the initiative of the
*resident the Congress ma% in the same manner extend such proclamation or suspension for a period to be
determined b% the Congress if the invasion or rebellion shall persist and public safet% re<uires it.
The Congress if not in session shall within twent%Cfour hours following such proclamation or suspension
convene in accordance with its rules without need of a call.
The 2upreme Court ma% review in an appropriate proceeding filed b% an% citi)en the sufficienc% of the factual
basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the
extension thereof and must promulgate its decision thereon within thirt% da%s from its filing.
' state of martial law does not suspend the operation of the Constitution nor supplant the functioning of the
civil courts or legislative assemblies nor authori)e the conferment of &urisdiction on militar% courts and
agencies over civilians where civil courts are able to function nor automaticall% suspend the privilege of the
writ of habeas corpus.
The suspension of the privilege of the writ of habeas corpus shall appl% onl% to persons &udiciall% charged for
rebellion or offenses inherent in or directl% connected with invasion.
(uring the suspension of the privilege of the writ of habeas corpus an% person thus arrested or detained shall be
&udiciall% charged within three da%s otherwise he shall be released.
e. Presidential amnesties
Except in cases of impeachment or as otherwise provided in this Constitution the *resident ma% grant
reprieves commutations and pardons and remit fines and forfeitures after conviction b% final &udgment.
>e shall also have the power to grant amnest% with the concurrence of a ma&orit% of all the ;embers of the
Congress.

f. Concur in treaties
"o treat% or international agreement shall be valid and effective unless concurred in b% at least twoCthirds of
all the ;embers of the 2enate.
g. /eclaration of e1istence of war
h. /elegation of emergency .owers
%. The Congress, by a vote of two+thirds of both Houses in (oint session assembled, voting separately, shall
have the sole power to declare the existence of a state of war.
$. "n times of war or other national emergency, the Congress may, by law, authori'e the President, for a
limited period and sub(ect to such restrictions as it may prescribe, to exercise powers necessary and proper to
carry out a declared national policy. /nless sooner withdrawn by resolution of the Congress, such powers
shall cease upon the next ad(ournment thereof.
i. @tili>ation of natural resources
6. !mendment of Constitution
!?83/?83"S CR R8#<S<C3S
Section 1. 'n% amendment to or revision of this Constitution ma% be proposed b%H
1. The Congress upon a vote of threeCfourths of all its ;embersA or
+. ' constitutional convention.
Section 2. 'mendments to this Constitution ma% li-ewise be directl% proposed b% the people through initiative
upon a petition of at least twelve per centum of the total number of registered voters of which ever% legislative
district must be represented b% at least three per centum of the registered voters therein. "o amendment under
this section shall be authori)ed within five %ears following the ratification of this Constitution nor oftener than
once ever% five %ears thereafter.
The Congress shall provide for the implementation of the exercise of this right.
Section (. The Congress ma% b% a vote of twoCthirds of all its ;embers call a constitutional convention or b% a
ma&orit% vote of all its ;embers submit to the electorate the <uestion of calling such a convention.
Section ,. 'n% amendment to or revision of this Constitution under 2ection 1 hereof shall be valid when
ratified b% a ma&orit% of the votes cast in a plebiscite which shall be held not earlier than sixt% da%s nor later than
ninet% da%s after the approval of such amendment or revision.
'n% amendment under 2ection + hereof shall be valid when ratified b% a ma&orit% of the votes cast in a plebiscite
which shall be held not earlier than sixt% da%s nor later than ninet% da%s after the certification b% the Commission
on Elections of the sufficienc% of the petition
D. Power of <m.eachment
The *resident the .iceC*resident the ;embers of the 2upreme Court the ;embers of the Constitutional
Commissions and the Gmbudsman ma% be removed from office on impeachment for and conviction of
culpable violation of the Constitution treason briber% graft and corruption other high crimes or betra%al of
public trust. 'll other public officers and emplo%ees ma% be removed from office as provided b% law but not b%
impeachment.
$. 81ecutive /e.artment
1. "he President
The executive power shall be vested in the President of the Philippines.
The President shall have control of all the executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.
a. 2ualifications% election% term and oath
-o person may be elected President unless he is a natural+born citi'en of the Philippines, a registered voter,
able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for
at least ten years immediately preceding such election.
There shall be a !ice+President who shall have the same &ualifications and term of office and be elected with,
and in the same manner, as the President. He may be removed from office in the same manner as the President.
The !ice+President may be appointed as a .ember of the Cabinet. Such appointment re&uires no confirmation.
The President and the !ice+President shall be elected by direct vote of the people for a term of six years which
shall begin at noon on the thirtieth day of 0une next following the day of the election and shall end at noon of
the same date, six years thereafter. The President shall not be eligible for any reelection. -o person who has
succeeded as President and has served as such for more than four years shall be &ualified for election to the
same office at any time.
-o !ice+President shall serve for more than two successive terms. !oluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of the service for the full term for
which he was elected.
/nless otherwise provided by law, the regular election for President and !ice+President shall be held on the
second .onday of .ay.
1efore they enter on the execution of their office, the President, the !ice+President, or the
cting President shall ta)e the following oath or affirmation2
3" do solemnly swear 4or affirm5 that " will faithfully and conscientiously fulfill my duties as President 4or !ice+
President or cting President5 of the Philippines, preserve and defend its Constitution, execute its laws, do
(ustice to every man, and consecrate myself to the service of the -ation. So help me *od.3 4"n case of
affirmation, last sentence will be omitted5.
b. Privileges and salary
Republic v. 2andiganba%an @.R. "o. 1,+1,3 Bul% 1, +EE8
c. Succession
The *residentCelect and the .ice *residentCelect shall assume office at the beginning of their terms.
<f the President9elect fails to ualify the .ice *residentCelect shall act as *resident until the *residentelect
shall have <ualified.
<f a President shall not have been chosen the .ice *residentCelect shall act as *resident until a *resident shall
have been chosen and <ualified.
<f at the beginning of the term of the President the *residentCelect shall have died or shall have become
permanentl% disabled the .ice *residentCelect shall become *resident.
Dhere no *resident and .iceC*resident shall have been chosen or shall have <ualified or where both shall have
died or become permanentl% disabled the *resident of the 2enate or in case of his inabilit% the 2pea-er of the
>ouse of Representatives shall act as *resident until a *resident or a .iceC*resident shall have been chosen and
<ualified.
The Congress shall b% law provide for the manner in which one who is to act as *resident shall be selected
until a *resident or a .iceC*resident shall have <ualified in case of death permanent disabilit% or inabilit% of
the officials mentioned in the next preceding paragraph.
<n case of death% .ermanent disability% removal from office% or resignation of the President the .iceC
*resident shall become the *resident to serve the unexpired term. /n case of death permanent disabilit%
removal from office or resignation of both the *resident and .iceC*resident the *resident of the 2enate or in
case of his inabilit% the 2pea-er of the >ouse of Representatives shall then act as *resident until the *resident
or .iceC*resident shall have been elected and <ualified.
The Congress shall b% law provide who shall serve as *resident in case of death permanent disabilit% or
resignation of the 'cting *resident. >e shall serve until the *resident or the .iceC*resident shall have been
elected and <ualified and be sub&ect to the same restrictions of powers and dis<ualifications as the 'cting
*resident.
1. /n case of vacanc% at the beginning of term
+. /n Case of vacanc% during term
8. /n case of temporar% disabilit%
Estrada v. 'rro%o @.R. "o. 136789 ;arch + +EE1
d. Removal
Removal b% /mpeachment
' discussion on the sub&ect can be found under other *owers of Congress.
e. Prohibitions
The President, !ice+President, the .embers of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They
shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or
be financially interested in any contract with, or in any franchise, or special privilege granted by the
*overnment or any subdivision, agency, or instrumentality thereof, including government owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.
The spouse and relatives b% consanguinit% or affinit% within the fourth civil degree of the *resident shall not
during his tenure be appointed as ;embers of the Constitutional Commissions or the Gffice of the
Gmbudsman or as 2ecretaries ?ndersecretaries chairmen or heads of bureaus or offices including
governmentCowned or controlled corporations and their subsidiaries.
f. 81ce.tions to .rohibition from holding another office;
1. #ice9President as member of the cabinet
There shall be a .iceC*resident who shall have the same <ualifications and term of office and be
elected with and in the same manner as the *resident. >e ma% be removed from office in the same
manner as the *resident.
2. Sec. of 4ustice as member of 4udicial and $ar Council
' Budicial and Bar Council is hereb% created under the supervision of the 2upreme Court composed
of the Chief Bustice as ex officio Chairman% the Secretary of 4ustice and a representative of the
Congress as ex officio ;embers a representative of the /ntegrated Bar a professor of law a retired
;ember of the 2upreme Court and a representative of the private sector.
5'rticle .// 2ection 97 provides for the exception that allows a cabinet member from holding
another office
CL@ vs. 81ec. Secretary% 1), SCR! (10 +1))1-
Fast facts
*etitions are assailing the constitutionalit% of EG +93.
EG "o. +93
/t adds exceptions to 'rticle 7 2ection 18 of the Constitution. /t allows officials of the Executive (epartment in addition to
their primar% position to hold not more than two 5+7 positions in the government and government corporations#
Contention cFo petitioners
EG +93 runs counter to the provisions of 'rticle 7 2ection 18. 'n% exception to this provision shall be expressl% stated in
another Constitutional provision.
'rticle 7 2ection 18
Executive (epartment shall not hold an% other office or emplo%ment during their tenure directl% or indirectl% practice an%
other profession participate in an% business or be financiall% interested in an% contract#
'rticle 4CB 2ection 7
?nless otherwise allowed b% law or b% the primar% functions of his position no appointive official shall hold an% other
office or emplo%ment in the @overnment or an% subdivision#
/ssue
(oes the prohibition in 'rticle 7 2ection 18 insofar as Cabinet ;embers their deputies or assistants are concerned admit of
the broad exceptions made for appointive officials in general under 'rticle 4CB 2ection 7L
>eld M Ratio
N "o. EG +93 is null and void.
N Gn intent of framers. ' Constitutional provision must be interpreted with reference to the intention underl%ing it. /t has
been held that the Court in construing a provision should bear in mind the ob&ect sought to be accomplished b% its adoption
and the evils if an% sought to be prevented or remedied. ' doubtful provision will be examined in the light of the histor% of
the times and the condition and circumstances under which the Constitution was framed. The provisions were constructed
with the distinct ob&ective of disallowing abuse of multiple positions held b% an individual from the executive including
appointees as it was prevalent in the ;arcos regime.
N Gn simultaneous interpretation of 2ections 18 and 4B. 'rticle 4B is meant to la% down the general rule applicable to all
elective and appointive public officials and emplo%ees while 'rticle 7 2ection 18 is meant to be the exception applicable
onl% to the *resident .* Cabinet members their deputies and assistants. This is illustrative of a stricter mandate as regards
the *resident.
N Gn ta-ing the provisions of the constitution together not separatel%. /nterpreting 'rticle 4CB as broad exceptions as
directl% referred from 'rticle 7 2ection 18 would render certain Constitutional provisions inoperative. "o one section is
allowed to defeat another.
N Gn valid references made b% 'rticle 7 2ection 18. The phrase !unless otherwise provided in this Constitution$ must be
given a literal interpretation to refer onl% to those particular instances cited in the Constitution itselfH 'rticle 7 2ection 8A
'rticle 7 2ection 7 andA 'rticle 9 2ection 9.
Ex officio
'rticle 7 2ection 18 does not cover those positions held in ex officio capacit%. Ex officio refers to an authorit% that forms
part as one of the duties that stems from a position and not a separate position. Gnl% the additional functions and duties
!re<uired$ as opposed to !allowed$ b% the primar% functions ma% be considered as not constituting !an% other office.$
Cru) v. CG' @.R. "o. 189394 "ov. +4 +EE1
"'C v. CG'. @.R. 1,649+ 2eptember 9 +EE3
2. Powers and 7unctions of the President
The executive function is essentiall% the dut% to implement the laws within the standard imposed b% the legislature. 's
the executive authorit% the *resident has the dut% of supervising the enforcement of laws for the maintenance of general
peace and order. The *resident is however not &ust the Chief Executive but also the administrative head of the
government. 's such it is his dut% to see that the government office is managed and maintained properl% b% the persons
in charge of it in accordance with pertinent laws and regulations.
a. 81ecutive Power

?arcos vs. ?angla.us% 108 SCR! 0*' +1)8)-
7ast facts
The wish of the ;arcoses to return to the *hilippines after having been exiled has been barred b% *resident Cora)on
'<uino in exercise of her executive power.
!rticle 0% Section 1
The executive power shall be vested in the *resident of the *hilippines.
!rticle 0% Sections 1,92(
*owers 5executive7 expressl% provided for the Constitution.
/ssue 5DG"7
The *resident has the power under the Constitution to bar the ;arcoses from returning to the *hilippines
:eld E Ratio
Kes. The *resident who has been expressl% granted powers b% the Constitution also has implied residual powers inherent to
the grant of executive power and which are necessar% for her to compl% with her
duties under the Constitution. The *resident has powers other than those expressl% stated in the Constitution. 2he did not act
in grave abuse of discretion. 's long as there is some factual basis for the presidentJs decision there is no grave abuse of
discretion.
3otes in class
N Exclusive list of powers there are inherent limitations. Executive power is what the president canFcannot do restricted b%
the doctrine of separation of powers.
N 2upreme court proved that '<uino can prevent ;arcos from returning b% defining and establishing that the president has
residual powers
Residual powers
/nherent powers exercised b% the *resident in accordance with her position derived from the oath she
has ta-en during her inauguration. 'll powers that is not under &udicial or legislative. There should be no gap in the exercise
of power.
*rovince of "orth Cotabato v. @overnment supra
/83R v. /83R Region 12 8m.loyees% G.R. 3o. 1,)02&% !ugust 1)% 2''(
Fast facts
' ;emorandum was issued b% the Regional (irector of the (E"R pursuant to 'G 44C13. The ;emorandum set forth for
the immediate transfer of the (E"R O// Regional offices from Cotabato Cit% to
Poronadal 2outh Cotabato. (E"R emplo%ees that were going to be affected b% the enactment of the said ;emorandum
filed a petition to en&oin such enactment.
Contention cFo (E"R emplo%ees
The power to transfer the Regional Gffice of the (E"R is executive in nature. Thus the Regional directorFoffice of (E"R
cannot enact said ;emorandum as it is be%ond its powers.
2ualified .olitical agency
'll executive and administrative organi)ations are ad&uncts of the Executive (epartment#demand that he act personall%
the multifarious executive and administrative functions of the *resident are performed b%
and through the executive departments and the acts of the 2ecretaries of such departments performed and promulgated in
the regular course of business are presumptivel% the acts of the *resident.
'pplication of <ualified political agenc% doctrine. The power of the *resident to reorgani)e the "ational @overnment ma%
validl% be delegated to his cabinet members exercising control over a particular executive department#
>eld M Ratio
The (E"R 2ecretar% has the authorit% to reorgani)e the (E"R b% virtue of the <ualified political agenc% doctrine.
b. Control of e1ecutive de.artments
The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the
laws be faithfully executed.
$lauera v. !lcala% G.R. 1'),'*% Se.tember 11% 1))8
Background: R' 6741 enacted pursuant to EG +4+ or the 'dministrative code of 1497 provided for productivit% incentives
to some emplo%ees of certain @overnment agencies 5@GCCs in particular7. ' number of emplo%ees who were given such
incentives but from whose salaries such were deducted as a refund b% the *resident because he sa%s the same were given b%
their departments without his consent as re<uired b% the R' brought this action to the 2C.
The Court upheld the constitutionalit% of the refund. The @overnment agencies from whose emplo%ees deductions were
made were not covered b% the R' which onl% included @GCCs with Griginal Charters. 'nd the *resident has Control over
all @overnment agencies and @GCCs.
RD: There are generall% two t%pes of @GCCsH
o Those incorporated under the @eneral Corporation 0aw are covered b% 0abor 0aws and have the right to bargain
collectivel% stri-e and other such remedies available to wor-ers of private corporations. Functions are mainl% proprietar%.
o Those with 2pecialFGriginal Charters which are sub&ect to Civil 2ervice 0aws have no right to bargain. /ncorporated in
pursuance to 2tate *olic%.
The *resident of the >ead of @overnment. >isFher power includes control which means the power to alter what a
subordinate officer had done in the performance of his duties and to substitute the &udgment of the former for that of the
latter.
!rt <F Sec & C Congress shall provide for the standardi)ation of compensation of government officials and emplo%ees
including those in governmentCowned or controlled corporations with original charters.
>utchison *orts vs. 2B;' @.R. "o. 181867 'ug. 81 +EEE
Gne of the issues raised and submitted for resolution was whether or not the Gffice of the *resident can set aside the award
made b% 2B;' in favor of plaintiff >**0 and if so can the Gffice of the *resident direct the 2B;' to conduct a reC
bidding of the proposed pro&ect.
The *resident ma% within his authorit% overturn or reverse an% award made b% the 2B;' Board of (irectors for &ustifiable
reasons. /t is wellCestablished that the discretion to accept or re&ect an% bid or even recall the award thereof is of such wide
latitude that the courts will not generall% interfere with the exercise thereof b% the executive department unless it is apparent
that such exercise of discretion is used to shield unfairness or in&ustice. Dhen the *resident issued the memorandum setting
aside the award previousl% declared b% the 2B;' in favor of >**0 and directing that a rebidding be conducted the same
was within the authorit% of the *resident and was a valid exercise of his prerogative.
"E' v. CG' 877 2CR' +88 5+EE+7
c. General su.ervision over local governmentsGautonomous regions
The President of the Philippines shall exercise general supervision over local governments. 6rt. 7, Sec. ,8
The President shall exercise general supervision over autonomous regions to ensure that the laws are faithfully
executed. 6rt. 7, Sec. %98
Pimentel v. !guirre% G.R. 1(2)88% 4uly 1)% 2'''
=2ECT/G" 3. The *resident of the *hilippines shall exercise general supervision over local governments. . . .=
This provision has been interpreted to exclude the power of control. /n ;ondano v. 2ilvosa the Court contrasted the
*resident:s power of supervision over local government officials with that of his power of control over executive officials of
the national government. /t was emphasi)ed that the two terms Q supervision and control Q differed in meaning and extent.
The Court distinguished them as followsH
=. . . /n administrative law supervision means overseeing or the power or authorit% of an officer to see that subordinate
officers perform their duties. /f the latter fail or neglect to fulfill them the former ma% ta-e such action or step as prescribed
b% law to ma-e them perform their duties. Control on the other hand means the power of an officer to alter or modif% or
nullif% or set aside what a subordinate officer has done in the performance of his duties and to substitute the &udgment of the
former for that of the latter.=
/n Taule v. 2antos the court further stated that the Chief Executive wielded no more authorit% than that of chec-ing whether
local governments or their officials were performing their duties as provided b% the fundamental law and b% statutes. >e
cannot interfere with local governments so long as the% act within the scope of their authorit%. =2upervisor% power when
contrasted with control is the power of mere oversight over an inferior bod%A it does not include an% restraining authorit%
over such bod%=
d. Power of !..ointment
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. He shall also appoint all other officers of the *overnment whose appointments are not
otherwise provided for by law, and those whom he may be authori'ed by law to appoint. The Congress may, by
law, vest the appointment of other officers lower in ran) in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to ma)e appointments during the recess of the Congress, whether voluntary
or compulsory, but such appointments shall be effective only until disapproved by the Commission on
ppointments or until the next ad(ournment of the Congress.
$ermude> v. "orres% G.R. 3o. 1(1,2)% !ugust ,% 1)))
Power of a..ointment
(iscretionar% 5*amantasan ng 0ungsod ng ;a%nila v /ntermediate 'ppellate Court Flores v (rilon7. The one who holds the
power has the option which he ma% exercise freel% according to his &udgment deciding for himself who is the best <ualified
individual for a given post. The *resident is the head of the government whose authorit% includes the power of control ever
all executive departments and bureaus.
The *resident has the power to assume directl% the functions of an executive department bureau or office.
>eld M Ratio
The recommendation of the 2ecretar% of Bustice as regards the appointment of the *rovincial Chief *rosecutor dispensable.
/t is to be construed as mere advise exhortation or endorsement which is essentiall% persuasive in character and not
binding or obligator% upon the part% to whom it is made. Gnl% advisor% in nature. The *resident as the head of the
executive department ma% do awa% with this particular action because appointment is discretionar% and he has the power to
control the department.
The doctrine in 2an Buan v C2C cannot be used in the case at bar because in that case the (B; had local autonom%. That
being the *resident shared its power on appointment with the (B;. /n the present case however there is no sharing of
power.
Sarmiento vs. ?ison% 1&* SCR! &,) +1)80-
7ast facts
*etitioners <uestion the constitutionalit% of the appointment of 2alvador ;ison as par t of the Gffice of Commissioner of the
Bureau of Customs.
Contention cGo .et
@uillermo Carague 2ecretar% of the (epartment of Budget cannot effect disbursements in the pa%ment of the salaries of
;ison with the latter being appointed without the confirmation of the Commission on 'ppointments hence
unconstitutional.
3 groups a *resident ma% appoint
1. >eads of executive departments ambassadors other public ministers
+. 'll other officers of the government the appointments of whom are not specificall% provided for b% the law
8. Those whom the *resident ma% be authori)ed to appoint
3. Gfficers lower in ran-
1)(& v 1)0& Constitutions; on role of C!
148, virtuall% all appointments of the *resident had to be sub&ected to the confirmation and approval of the C'. This
cultivated a culture of !horseCtrading$ and other corrupt practices.
147, power of appointments was vested solel% in the *resident with the role of the *resident being reduced to nearl%
nothing. This posed the danger of abuse on the part of the *resident as his prerogatives will not be sub&ected to chec-s and
balances the C' provides.
>eld M Ratio
;ison was dul% appointed to the Bureau of Customs and thus entitled to receive salaries and perform his duties as such.
The appointment can be made onl% with the approval of the *resident alone that is even without submitting the nomination
for the confirmation of the Commission on 'ppointments. The court reviewed the transcripts of the 1496 Constitutional
Convention and it revealed that the framers intentionall% left out the last three 587 groups of individuals the *resident ma%
appoint from the C' confirmation re<uirement. Gnl% those encompassed b% the first group shall be sub&ected for
confirmation as a re<uirement for strict compliance. The 1497 Constitution intentionall% made these distinctions as a
!middleCground$ between the provision of 148, and 147, constitutional provisions on the same matter. ;oreover the 1497
constitution based on the transcripts of the constitutional convention intentionall% left out !heads of bureaus$ from the first
group.
Conce.cion9$autista vs. Salonga% 102 SCR! 1*' +1)8)-
Bautista was appointed b% *resident '<uino from an ad interim appointment as the Chairperson of the C>R. 2he too- her
oath and assumed the duties and responsibilities of the position. >er appointment was <uestioned b% the C' because she
was appointed without having the C' confirm her nomination.
Contention cFo Bautista
C' does not have the &urisdiction to <uestion her appointment.
>eld M Ratio
The position of Chairman of the Commission on >uman Rights is not among the positions mentioned in the first group of
presidential appointees as enumerated in 'rticle 7 2ection 16 appointments to which
are to be made with the confirmation of the C'. The appointment of the Chairman of the C>R is not specificall% provided
in the constitution itself unli-e the Chairpersons and members of the CG;E0EC C2C and CG' whose appointments are
expressl% vested b% the constitution in the *resident with the consent of the C'. The *resident shall validl% appoint the
Chairman of the C>R without the confirmation of the C' pursuant to the abovementioned constitutional provision.
Calderon vs. Carale @.R. "o. 41686 'pril +8 144+
Fast facts
*resident '<uino appointed the Chairman and Commissioners of the "0RC representing the public wor-ers and emplo%ers
sectors. /t was stated that the appointees ma% <ualif% and assume the duties and responsibilities of their appointed seats.
R' 671, 2ection 18
*rovides that the Chairman and Commissioners of the "0RC shall be appointed b% the *resident upon the confirmation of
C'.
(octrines from &urisprudence 5;ison RuintosC(eles and ConcepcionCBautista7
1. Confirmation from C' is onl% re<uired when the appointee involved in the first group including those officers whose
appointments are expressl% vested b% the constitution itself in the *resident 5i.e. sectoral reps to Congress and members of
the C2C etc.7
+. Confirmation is not re<uired when the *resident appoints other government officers whose appointments are not
otherwise provided for b% law or those officers whom he ma% be authori)ed b% law to appoint
8. Confirmation is not re<uired in the appointment of those from inferior offices because it shall be construed as those
officers whose appointments are not otherwise provided for b% law
/ssue
DG" Congress ma% b% law re<uire confirmation b% the C' of appointments extended b% the *resident to government
officers additional to those expressl% mentioned in 'rticle 7 2ection 16 fo the Constitution whose appointments re<uire
confirmation from the C'
Contention cFo pet
2ection 18 of R' 671, must mandatoril% be complied with.
>eld M Ratio
's to the constitutionalit% of the appointments. The *resident is within her authorit% to appoint the Chairman and
Commissioners of the "0RC without the prior confirmation of the C'. The aforementioned officials are not included in the
first group of appointees as clearl% explained in ;ison. 's to the constitutionalit% of R' 671,. ?nconstitutional. /t amends
legislation b% adding to the first group provided in 'rticle 7 2ection 16 additional officers which it re<uires to be appointed
b% the *resident upon the confirmation of the C'. /t appears that the legislature is not happ% with the lessened role of the
C' in the appointment process as compared to the 148, Constitution.
?analo v. Sisto>a% G.R. 1'0(*)% !ugust 11% 1)))
Fast facts
The case at bar deals with the validit% of the disbursements made as pa%ment of the salaries of officers of the *"*. These
officers were appointed b% *resident '<uino without sub&ecting such appointments to the confirmation of the C'.
Contention cFo *et
There is illegal disbursement of public funds because the pa%ments of salaries and other emoluments were made to *"*
officers who were not validl% appointed as their appointment lac-s confirmation from the C'. There must be compliance
with R' 647,.
R' 647,
Empowers the C' to confirm the appointments of public officials particularl% those who are from the ran- of
superintendent and higher.
>eld M Ratio
's to the validit% of the disbursements. .alid. The pa%ments were made to legitimate officers of the *"* whose
appointments were valid as well. The appointments of the respondents to their respective positions are not contemplated
within the first groupQthat which re<uires the confirmation b% the C'. Gfficers from the *"* differ from those from the
'F*. /f those from the latter re<uire the confirmation b% the C' in order for them to finall% be appointed b% the *resident
those from the *"* need not abide the same process.
's to the Constitutionalit% of R' 647,. 2ections +6 and 81 of the R' are unconstitutional as the% provide additional
legislation. Congress cannot b% law expand the power of confirmation of the C' and re<uire confirmation of appointments
of other government officials not mentioned in the first group provided in 'rticle 7 2ection 16.
Soriano v. Lista% G.R. 3o. 1&(881% ?arch 2,% 2''(
Fast facts
The case at bar deals with the appointment of the respondents to different positions in the *hilippine Coast @uard and their
subse<uent assumption of office.
Contention cFo 2oriano ///
The aforementioned appointments are illegal and unconstitutional for failure to undergo the confirmation process in the C'.
The respondents should be prohibited from discharging their duties and functions as such officers of the *C@. ;oreover
the% should not be entitled to receiving salaries for their positions.
>eld M Ratio
The appointments are legal and constitutional. The enumeration of appointments sub&ect to confirmation b% the C' under
'rticle 7 2ection 16 of the 1497 Constitution is exclusive. The clause !officers of the armed forces from the ran- of colonel
or naval captain$ refers to militar% officers alone. ;oreover the *C@ is under (GTC not the *hilippine "av%. 2ince it is not
included in the first group the appointments of the respondents need not be sub&ected for confirmation b% the C'.
Pimentel v. 8rmita% G.R. 1*,)08% Cctober 1(% 2''&
3ature of .ower to a..oint
Executive in nature. The legislature ma% not interfere with the exercise of this executive power except in those instances
when the Constitution expressl% allows it. 0imitations on the executive power to appoint are construed strictl% against the
legislature. 0egislature can onl% prescribe the <ualification for the position. /t cannot appoint someone in the guise that it is
prescribing <ualifications to that office.
Contentions cFo petitioners
N *@;' should not have appointed respondents as acting secretaries because onl% an ?ndersecretar% can be designated as
an acting secretar%
N "o appointments can be made while congress is in session whether regular or acting without the approval of the
Commission on 'ppointments
>eld M Ratio
'ppointments are constitutional. The *resident has the right to appoint the person of her choice into a vacant position
temporaril% before there is a permanent replacement because the department secretar% is her alter ego. 'n alter ego calls for
the trust and confidence of the president. Being such it entails for the personal choice of the president not simpl% the
assumption of the undersecretar% of the vacant position. The law expressl% allows the president to ma-e such acting
appointment. 2ection 17 Chapter , Title /
Boo- /// of EG +4+ states that !the president ma% temporaril% designate an officer alread% in the government service or an%
other competent person to perform the functions of an office in the executive branch.$
<n Re #alen>uela% !.?. 3o. )89&9'19SC% 3ov. )% 1))8
FactsH
C The Resolution of the Court En Banc handed down on ;a% 13 1449 sets out the relevant facts.
C Referred to the Court En Banc b% the Chief Bustice are the appointments signed b% the *resident under date of ;arch 8E
1449 of >on. ;ateo '. .alen)uela and >on. *lacido B. .allarta as Budges of the Regional Trial Court of Branch 6+ Bago
Cit% and of Branch +3 Cabanatuan Cit% respectivel%.
C received at the Chief Bustice:s chambers on ;a% 1+ 1449
C view b% 2enior 'ssociate Bustice Floren) (. Regalado Consultant of the Council who had been a member of the
Committee of the Executive (epartment and of the Committee on the Budicial (epartment of the 1496 Constitutional
CommissionH that on the basis of the Commission:s records the election ban had no a..lication to a..ointments to the
Court of !..eals. Dithout an% extended discussion or an% prior research and stud% on the part of the other ;embers of the
BBC this h%pothesis was accepted and was then submitted to the *resident for consideration together with the Council:s
nominations for eight 597 vacancies in the Court of 'ppeals
C 'pril 6 1449H Chief Bustice received an official communication from the Executive 2ecretar% transmitting the
appointments of eight 597 'ssociate Bustices of the Court of 'ppeals all of which had been dul% signed on ;arch 11 1449
b% the *resident
C /n view of the fact that all the appointments had been signed on ;arch 11 1449 C the da% immediatel% before the
commencement of the ban on appointments imposed b% 2ection 1, 'rticle .// of the Constitution
C which impliedl% indicated that the *resident:s Gffice did not agree with the h%pothesis that appointments to the Budiciar%
were not covered b% said ban the Chief Bustice resolved to defer consideration of nominations for the vacanc% in the
2upreme Court created b% the retirement of 'ssociate Bustice Ricardo B. Francisco
C ;a% 3 1449H Chief Bustice received a letter from the *resident addressed to the BBC re<uesting transmission of the =list
of final nominees= for the vacanc%= no later than Dednesda% ;a% 6 1449= in view of the dut% imposed on him b% the
Constitution =to fill up the vacanc% . . . within ninet% 54E7 da%s from Februar% 18 1449 the date the present vacanc%
occurred.=
C ;a% , 1449H 2ecretar% of Bustice 2ilvestre Bello /// re<uested the Chief Bustice for =guidance= respecting the expressed
desire of the =regular members= of the BBC to hold a meeting immediatel% to fill up the vacanc% in the Court in line with the
*resident:s letter . The Chief Bustice advised 2ecretar% Bello to await the repl% that he was drafting
C ;a% 6 1449H the Chief Bustice sent his repl% to the *residentCC stating that no sessions had been scheduled for the Council
until after the ;a% elections because of the =need to underta-e further stud% of the matter= prescinding from =the desire to
avoid an% constitutional issue regarding the appointment to the mentioned vacanc%=A delivered to ;alacaSang ;a% 6 1449
and a cop% given to the Gffice of Bustice 2ecretar% Bello
C Bustice 2ecretar% and the regular members of the Council had alread% ta-en action on ;a% 6 1449 the% came to an
agreement on a resolutionH the% drew attention to 2ection 3 517 'rticle ./// of the Constitution 5omitting an% mention of
2ection 1, 'rticle .//7 as well as to the *resident:s letter of ;a% 3 with an appeal that the Chief Bustice convene the
Council for the purpose =on ;a% 7 1449
C CB convo-ed the Council to a meeting at 8 o:cloc- in the afternoon of ;a% 7 1449
C ;a% 7 1449H Chief Bustice received a letter from *residentH =the electionCban provision applies onl% to executive
appointments or appointments in the executive branch of government= the whole article being =entitled :EOEC?T/.E
(E*'RT;E"T.:= =firml% and respectfull% reiterate5d7 . . . 5his7 re<uest for the Budicial and Bar Council to transmit . . . the
final list of nominees for the lone 2upreme Court vacanc%.=
C ;a% 9 1449H Chief Bustice repliedH CC2ection 1, of 'rticle .// imposes a direct prohibition on the *resident which is the
general rule the onl% exception being onl% as regards =executive positions=5&udicial positions are covered b% the general
rule7
C 2ection 3 517 of 'rticle ./// unli-e 2ection 1, 'rticle .// the dut% of filling the vacanc% is not specificall% imposed on
the *resident
C normall% when there are no .residential elections Section , +1-% !rticle #<<< shall a..ly but when +as now- there are
.residential elections% the .rohibition in Section 1&% !rticle #<< comes into .lay; the President shall not maDe any
a..ointments
9 re<uesting the regular ;embers of the Budicial and Bar Council to defer action on the matter until further advice b% the
Court
C ;a% 9 1449H another meeting was heldA closed with a resolution that =the constitutional provisions be referred to the
2upreme Court En Banc for appropriate action
C ;a% 1+ 1449H Chief Bustice received from ;alacaSang the appointments of two 5+7 Budges of the Regional Trial Court
mentioned aboveA places on the Chief Bustice the obligation of transmitting the appointments to the appointees so that the%
might ta-e their oaths and assume the duties of their office 5trouble is that in doing so the Chief Bustice runs the ris- of
acting in a manner inconsistent with the Constitution7
C the Court Resolved that pending the foregoing proceedings and the deliberation b% the court on the matter and until further
orders no action be ta-en on the appointments of >on. .alen)uela and >on. .allarta which in the meantime shall be held in
abe%ance and not given an% effect and said appointees shall refrain from ta-ing their oath of office and the Budicial and Bar
Council is /"2TR?CTE( to defer all action on the matter of nominations
C .alen)uela too- his oath on ;a% 13 1449 CC /n his =Explanation= he stated that he did so because on ;a% 7 1449 he
=received from ;alacaSang cop% of his appointment . . .= which contained the following directionH =B% virtue hereof %ou
ma% <ualif% and enter upon the performance of the duties of the office=
C "he Relevant Constitutional Provisions
Section %:, rticle !""H
=Two months immediatel% before the next presidential elections and up to the end of his term a *resident or 'cting
*resident shall not ma-e appointments except temporar% appointments to executive positions when continued vacancies
therein pre&udice public service or endanger public safet%.=
Section , 6%8, rticle !"""H
=The 2upreme Court shall be composed of a Chief Bustice and fourteen 'ssociate Bustices. /t ma% sit en banc or in its
discretion in divisions of three five or seven ;embers. 'n% vacanc% shall be filled within ninet% da%s from the occurrence
thereof .=
Section ;, rticle !"""H
=The ;embers of the 2upreme Court and &udges in lower courts shall be appointed b% the *resident from a list of at least
three nominees prepared b% the Budicial and Bar Council for ever% vacanc%. 2uch appointments need no confirmation.
For the lower courts the *resident shall issue the appointments within ninet% da%s from the submission of the list.=
/ssueH
DG" during the period of the ban on appointments imposed b% 2ection 1, 'rticle .// of the Constitution the *resident is
nonetheless re<uired to fill vacancies in the &udiciar% in view of 2ections 3517 and 4 of 'rticle .///
>eldFRatioH
The appointments of ;essrs. .alen)uela and .allarta on ;arch 8E 1449 were un<uestionabl% made during the period of the
ban. 2uch appointments come within the operation of the first prohibition relating to appointments which are considered to
be for the purpose of bu%ing votes or influencing the election.
Reasoning
C Dhile the filling of vacancies in the &udiciar% is undoubtedl% in the public interest there is no showing in this case of an%
compelling reason to &ustif% the ma-ing of the appointments during the period of the ban. Gn the other hand there is a
strong public polic% for the prohibition against appointments made within the period of the ban.
C 2ections 3517 and 4 of 'rticle ./// simpl% mean that the *resident is re<uired to fill vacancies in the courts within the time
frames provided therein unless prohibited b% 2ection 1, of 'rticle .//.
C &ournal of the commission which drew up the present Constitution disclosesH desire to ma-e certain that the si)e of the
Court would not be decreased for an% substantial period as a result of vacancies the insertion in the provision of the same
mandate that =/" C'2E GF '"K .'C'"CK T>E 2';E 2>'00 BE F/00E( D/T>/" TDG ;G"T>2 FRG;
GCC?RRE"CE T>EREGF.= was proposed
C 2ection 1, 'rticle .// is directed against two t%pes of appointmentsH 517 those made for bu%ing votes and 5+7 those made
for partisan considerations. The first refers to those appointments made within the two months preceding a *residential
election The second t%pe of appointments prohibited b% 2ection 1, 'rticle .// consists of the soCcalled =midnight=
appointments
C the Court recogni)ed that there ma% well be appointments to important positions which have to be made even after the
proclamation of the new *resident. 2uch appointments so long as the% are =few and so spaced as to afford some assurance
of deliberate action and careful consideration of the need for the appointment and the appointee:s <ualifications= can be
made b% the outgoing *resident
C The exception allows onl% the ma-ing of temporar% appointments to executive positions when continued vacancies will
pre&udice public service or endanger public safet%. Gbviousl% the article greatl% restricts the appointing power of the
*resident during the period of the ban.
C Considering the respective reasons for the time frames for filling vacancies in the courts and the restriction on the
*resident:s power of appointment it is this Court:s view that as a general proposition in case of conflict the former should
%ield to the latter
C the Constitution must be construed in its entiret% as one single instrumentA instances ma% be conceived of the imperative
need for an appointment during the period of the ban not onl% in the executive but also in the 2upreme Court.
C concerning .alen)uela:s oathCta-ing and =reporting for dut%=CC
2tanding practice is for the originals of all appointments to the Budiciar% to be sent b% the Gffice of the *resident to the
Gffice of the Chief Bustice the appointments being addressed to the appointees =ThruH the Chief Bustice 2upreme Court
;anila.= /t is the Cler- of Court of the 2upreme Court in the Chief Bustice:s behalf who thereafter advises the individual
appointees of their appointments and also of the date of commencement of the preCre<uisite orientation seminar to be
conducted b% the *hilippine Budicial 'cadem% for new Budges.
(e Rama v. C' @.R. "o. 181186 Februar% +9 +EE1
?atibag vs. $eni.ayo%. G.R. 3o. 1,)'(* % !.ril 2% 2''2
FactsH
C The CaseH *etition for *rohibition wF pra%er for a writ of prelim in&unction and TRG. *etitioner <uestions the appointment
and the right of respondents to remain in office as Chairman and Commissioners of the CG;E0EC
C Gn Feb.+ 1444 *etitioner ;a. 'ngelina ;atibag was appointed b% the CG;E0EC en banc as T'cting (irector /. of
the Education and /nformation (ept. 5E/(7 her appointment was renewed on Feb 1, +EEE in a TTemporar% capacit% and
renewed %et again on Feb 1, +EE1 in the same TTemporar% capacit%.
C Gn ;arch ++ +EE1 *@;' appointed ad interim, respondents 'lfredo Benipa%o as CG;E0EC Chairman and
Resurreccion Borra and Florentino Tuason as CG;E0EC commissioners respectivel% for a term of 7 %ears expiring on
Feb. + +EE9. The% too- their oaths and assumed their positions with the *resident submitting their ad interim appointments
to the Commission on 'ppointments on ;a% ++ +EE1 for confirmation. The Commission on 'ppointments however did
not act on their appointments.
C Gn Bune 1 +EE1 *@;' renewed their ad interim appointments with the term and the expiration remaining the same 5for 7
%ears and expiring on Feb + +EE97. The new appointees too- oath a +nd time and the same was transmitted to the
Commission on 'ppointments for confirmation on Bune , +EE1. The Congress ad&ourned before the Commission could act
on the appointments resulting in the renewal of their ad interim appointments b% the *resident for the 8rd time on Bune 9
+EE1.
C Benipa%o acting as CG;E0EC chairman assigned a .elma Cinco as officerCinCcharge of E/( and reassigned petitioner to
the 0aw (ept a move which she re<uested reconsideration for citing Civil 2ervice Commission
;emorandum Circular no. 7 5transfer of emplo%ees prohibited during election periodH Ban.+CBune 18 +EE17. Benipa%o
denied the re<uest and citing CG;E0EC Resolution no. 88EE. *etitioner appealed to the CG;E0EC filed an
administrative and criminal complaint with the 0aw (ept against Benipa%o and while the complaint was pending she also
filed this action. 2he claims that ad interim appointments violate the constitutional provisions on the independence of the
CG;E0EC and on temporar% appointments and reappointments of its Chairman and members. *etitioner also assails her
reassignment to the 0aw (ept the appointment of Cinco as well as the disbursements made b% the CG;E0EC Finance
2ervices (ept officer b% wa% of salaries and emoluments in favor of respondents.
C *@;' on 2ept. 6 +EE1 renewed once again the ad interim appointments of Benipa%o Borra and Tuason for a term of 7
%ears expiring on Feb. + +EE9.
/ssueH
1. DG" Benipa%oUs ad interim appointment and assumption of office as CG;E0EC chairman is constitutional
+. DG" issue is &usticiable
8. /f Benipa%o Borra and Tuason were indeed appointed lawfull% DG" the renewal of their appointments and subse<uent
assumption of office was constitutional
3. DG" petitionerUs removal and reassignment is illegal 5done wFo approval of the CG;E0EC as a collegial bod%7
&. DG" the GfficerCinCcharge of CG;E0EC Finance 2ervices (ept in ma-ing disbursements in favor of the new
appointees acted in excess of &urisdiction.
>eldFRatioH
1. 'n ad interim appointment is a permanent appointment made b% the *res. in the meantime that Congress is in recess. /t is
not an appointment in a temporar% or acting capacit%. /t ta-es effect immediatel% and can no longer be withdrawn b% the
*res. once the appointee has <ualified into office. The fact that it is sub&ect to confirmation b% the Commission on
'ppointments does not alter its permanent character.
Reasoning
C 'lthough the last sentence of 'rt /OCC 2ec 15+7 of the Constitution sa%s T/n no case shall an% ;ember be appointed or
designated in a temporar% or acting capacit% an ad interim appointment is not a temporar% appointment. ' distinction was
made between the two in Pamantasan ng <ungsod ng .aynila v "C, where it was held that an ad interim appointment as
defined in Blac-Us 0aw (ictionar% is one that is appointed to fill a vacanc% or to discharge the duties of the office during the
absence or temporar% incapacit% of its regular incumbent. But such is not the meaning nor the use intended in the context of
*hil. law. d interim is used to denote the manner in which said appointments were made that is done b% the *resident in
the meantime while the bod% which is originall% vested with the power or appointment is unable to act.
C 'lthough the 148, Consti did not have the provision prohibiting temporar% or acting appointments this Court then decided
such an appointment in -acionalista Party v 1autista as unconstitutional declaring that
T/t would be more in -eeping with the intent purpose and aim of the framers of the Constitution to appoint a permanent
Commissioner than to designate one to act temporaril%. 0i-ewise /n 1rillantes v =orac, decided under the present
Constitution this Court struc- down as unconstitutional the designation b% then *res. '<uino of >a%dee Korac as 'cting
Chairperson of the CG;E0EC.
C 'rt. /OC' I1 should be harmoni)ed with 'rt. .// I16. for to hold that the independence of the CG;E0EC re<uires the
Commission on 'ppointments to first confirm ad interim appointments before the appointees can assume office will negate
the *residentUs power to ma-e ad interim appointments.
C The original draft of 'rt. .// I16 did not provide for ad interim appointments however it was reinstated to avoid
interruptions in vital govt services that would result from prolonged vacancies in govt offices. The ad interim appointment
has since been practiced b% *residents '<uino Ramos and Estrada.
+. Busticiabilit% of the caseH The Court determined the &usticiabilit% of the case b% tac-ling the re<uisites of &udicial review
raised b% the respondents which the% claimed to be lac-ing 5actual caseFcontrovers% was not raised7
V personal and substantial interest of the part%
*etitioner has a personal and material sta-e in the resolution of the case. /f Benipa%oUs appointment is unlawful petitionerUs
reassignment is without legal basisA if it is lawful then she has no cause to complain provided that it was done in accordance
with the Civil 2ervice 0aw. 1ecause of her personal and material sta)e in the resolution of the constitutionality of
respondent>s assumption of office, she has locus standi to raise it as a constitutional issue
V exercise of &udicial review must be pleaded at the earliest opportunit%
/t is not the date of filing of the petition that determines whether the constitutional issue was raised at the earliest
opportunit%. The earliest opportunit% to raise a constitutional issue is to raise it in the pleadings before a competent court that
can resolve the same such that Tif it is not raised in the pleadings it cannot be considered at the trial and if not considered
at the trial it cannot be considered on appeal.
Petitioner &uestioned the constitutionality of the ad interim appointments when she filed her petition before this Court,
which is the earliest opportunity for pleading the constitutional issue before a competent body.
V the constitutional issue must be the lis mota of the case
The Respondents claim that the legalit% of petitionerUs reassignment from the E/( to the 0aw (ept. is the issue. The Court
however held that unless the constitutionalit% of Benipa%oUs appointment is determined the legalit% of petitionerUs
assignment cannot be determined therefore the lis mota of this case is clearl% the constitutional issue raised b% petitioner.
8. The phrase Twithout reappointment in 'rt. /OCC I15+7 applies onl% to appointments b% the *resident and confirmed b%
the Commission on 'ppointments regardless of Do" such person appointed completes the term of office.
Reasoning The phrase Twithout reappointment does not appl% to the renewal of appointments to Benipa%o Tuason and
Borra because there were no previous appointments that were confirmed b% the Commission on 'ppointments.
C The renewal of their appointments was b%Cpassed b% the Commission on 'ppointments. /t was not acted upon on the
merits at the close of the session of Congress. There was no final decision b% the Commission on 'ppointments to give or
withhold its consent to the appointment as re<uired b% the Constitution. /t is therefore neither fixed nor an unexpired term.
'bsent such decision the *resident is free to renew the ad interim appointment of a b%Cpassed appointee as recogni)ed in
2ec.17 of the Rules of the Commission on 'ppointments. ;oreover their appointments were all for a fixed term expiring on
Feb. + +EE9 clearl% not in breach of the 7 %ear term limit.
3. The CG;E0EC Chairman is the official expressl% authori)ed b% law to transfer or reassign CG;E0EC personnel and
the person holding that office in a de (ure capacit% is Benipa%o. >e has full authorit% to exercise all the powers of that
office for so long as his ad interim appointment remains effective. ;oreover in CG;E0EC Resolution no. 88EE the
CG;E0EC en banc, approved the transfer or reassignment of CG;E0EC personnel during the election period.
,. Because Benipa%o is held to be the lawful CG;E0EC chairman the GfficerCinCCharge did not act in excess of his
&urisdiction in the disbursement of their salaries.
0arin v. Exec. 2ecretar% @.R. 11+73, Gctober 16 1447
e. 81ecutive clemency
"he Pardoning Power
?xcept in cases of impeachment, or as otherwise provided in this Constitution, the Presidentmay grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final (udgment.
He shall also have the power to grant amnesty with the concurrence of a ma(ority of all the .embers of
the Congress.
Cb6ect of Pardon the ob&ect of pardon is to afford relief from undue harshness or evident mista-e in the
operation and enforcement of the criminal law.
Pardon is an act of grace proceeding from the power entrusted with the execution of laws which exempts the
individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. /t is a
remission of guilt.
Commutation the substitution for a less greater punishment b% authorit% of law and ma% be imposed on the
convict without his acceptance and against his consent.
Re.rieve is the withholding of a sentence for an interval of time.
!mnesty a sovereign act granting oblivion or general pardon for past acts granted b% the government generall%
to a class of persons who are sub&ect to trial and have not been convicted usuall% of political offenses 5treason
rebellion sedition7
Probation a disposition under which a defendant after conviction and before serving sentence is released
sub&ect to conditions imposed b% the court and to supervisiWn of a probation officer.
Parole the suspensiWn of the sentence of a convict granted after serving the mXnimum term of the indeterminate
sentence penalti without granting a pardon prescribing the terms upon which sentence will be suspended and the
convict temporarilu released.
/istinctions;
Pardon and Probation in both cases there must be a final &udgement of conviction and the convict must be
exempted from the service of the sentence. *ardon is given b% the Chief Executive for an% crime while probation
is granted b% the court after investigation b% a probation officer onl% for cases where the penalt% imposed does not
exceed 6 %ears and 1 da% where the crime is not against the securit% of the state where there was no previous
conviction of an offense punished b% arresto ma%or and where there was no pevious availment of probation. /n
absolute pardon the sentence and its effects including the accessor% penalties are abolished upon grant of pardon.
/n probation the restoration of the probationer to his civil rights ta-e place onl% after his final discharge afte the
period of his probation.
Pardon and Parole *ardon ma% be granted b% the Chief Executive under the Constitution at an% time after final
&udgement of conviction even before serviceA while parole is granted b% the Board of *ardons and *arole under the
/ndeterminate 2entence 0aw onl% after the convict has served the mXnimum term f his sentence. /n pardon the
convict becomes a free manA in parole he is not reall% free because he must submit to periodic examination b% the
Board of *arole. Thus a parole does not pardon the convict he still remains in custod%.
Pardon and !mnesty C *ardon is usuall% granted for common crimesA amnest% for political crimes. *ardon is
given to individualsA amnest% to a group class or communit% generall%. *ardon can onl% be granted after
convictionA amnest% ma% be granted even before trial. *ardon loo-s forward and relieves the ofender from the
conse<uence of an offense of which he has been convicted that is it abolishes or forgives the punishment.
'mnest% loo-s bac-ward and abolishes and puts into oblivion the offense itself that is it overloo-s and obliterates
the offense with which the convict is charged and the person released stands precisel% as though he had committed
no offense. *ardon is a private act of the *resident and so must be pleaded in court. 'mnest% is a public act b% the
*resident and Congress and so the court is en&oined to ta-e &udicial notice of it.
$arriouinto vs. 7ernande>% G.R. L91208% 4anuary 21% 1),)
Fast facts
*etitioners were charged with murder. Bimene) learned of *roclamation "o. 9 which grants amnest% in favor of all persons
who ma% be charged with a felon% in furtherance of the resistance to the enem% or against personas aiding the war efforts of
the enem% and committed during (ecember 9 1431 to the date when each particular area of the countr% where he offense
was actuall% committed was liberated from enem% control and occupation.
*etitioners submitted their case to the @uerilla 'mnest% Commission 5@'C7 presided b% the respondents. The @'C
remanded the same to the CF/ without rendering a decision
on DG" the petitioners are entitled to amnest%. *etitioners filed an action to mandate the @'C to proceed with presiding
over their application for amnest%.
Contention cFo Resp
/n order for @'C to be able to preside over such cases it must be held that the petitioners 5those who have applied for
amnest%7 have admitted having committed the offense. 's such petitioners cannot invo-e the benefits of amnest%.
*roclamation "o. 9
N 'mnest% *roclamation of 2eptember 7 1436.
N /ssued b% the then president ;anuel Roxas with concurrence of Congress
N *rovides among others that in order to determine if the persons who have been charged or will be charged come within the
terms of this proclamation the @'C shall examine the facts and circumstances surrounding each case and if necessar%
conduct summar% hearings of witnesses both for the complainant and the accused
>eld M Ratio
/t is not necessar% for the petitioners to admit having committed the felon% charged to them in order for the @'C to preside
over their case and ultimatel% <ualif% for amnest%. /t is enough that the evidence shows that the offense committed is a
felon% that <ualifies for amnest% as provided in the proclamation. The performance of the summar% hearings b% the @'C is
not dependent on the confession on the part of the accused. The @'C must conduct these hearings regardless of confession
in pursuance of theprovisions of the proclamation. 'mnest% is a public act which the courts including the @'C must ta-e
cogni)ance of.
(issenting opinion 5Tuason7
'mnest% presupposes the commission of a crime. /f the accused has not confessed to it he has no use for amnest%. /t is the
burden of the accused to prove the existence of certain conditions provided in the amnest% proclamation. The accused has to
confess the allegations against him before he is allowed to set out such facts as if true would defeat the action. ?nless the
defendant admits at the investigation or hearing having committed the offense and states that he did it in furtherance of the
resistance to the enem% and not for purel% personal motive it is impossible for the court or @'C to verif% the motive for
the commission of the offense because onl% the accused could explain his belief and intention or the motive of committing
the offense.
Rebuttal to dissenting
;otive for the commission of a crime is established b% the testimon% of witnesses on the acts or statements of the accused
before or after the commission of the offense. The testimon% of a defendant at the time of arraignment or the hearing of the
case about said motive cannot generall% be considered and relied on. 2uch a testimon% ma% simpl% be an afterthought or
have underl%ing interest.
#era v. Peo.le% 0 SCR! 1&2 +1)*(-
Fast facts
Teofilo 2antos 5resp7 was found guilt% of estafa and sentenced to six 567 months of arresto ma%or and the accessories
provided b% law. >e was imprisoned from ;arch 13 to 'ugust 19 148+ and paid the corresponding costs of trial. (espite
his conviction and imprisonment 2antos continued to be a registered voter in his municipalit% and was between 1483 and
1487 the municipal president of that municipalit%. >e applied for pardon in view of a newl% promulgated Election Code
which !dis<ualifies the respondent
from voting for having been Udeclared b% final &udgment guilt% of an% crime against propert%.J$ >e was granted pardon on
(ecember +3 1484. ;iguel Cristobal 5pet7 filed an action on "ovember 16 143E to exclude the name of 2antos from the
list of voters in their municipalit%.
Effect of pardon granted to 2antos
Restored his !full civil and political rights except that with respect to the right to hold public office or emplo%ment he will
be eligible for appointment onl% to positions which are clerical or manual in nature and involving no mone% or propert%
responsibilit%.$
Contention cFo Cristobal
The pardon extended b% the *resident to 2antos did not restore the full en&o%ment of respondentJs political rights becauseH
5a7 the pardoning power of the *resident does not appl% to legislative prohibitionsA 5b7 the pardoning power here would
amount to an unlawful exercise b% the *resident of a legislative function andA 5c7 the respondent having served his sentence
and all the accessor% penalties imposed b% law there was nothing to pardon.
0imitations on pardoning power of the Chief Executive
1. That the power be exercised after conviction
+. That such power does not extend to cases of impeachment
"ature and extent of absolute pardon
/t not onl% blots out the crime committed but removes all disabilities resulting from the conviction. Dhen granted after the
term of imprisonment has expired it removes all that is left of the conse<uences of conviction.
>eld M Ratio
2antos cannot be excluded for the list of voters since he has alread% been granted pardon. Dhile the pardon in the case at bar
is conditional in the sense that it limits the positions he ma% occup% or be eligible for it is still absolute insofar as it
!restores the respondent to full civil and political rights.$ Right of suffrage is expressl% restored b% the pardon. The
pardoning power cannot be restricted or controlled b% legislative action
Cristobal vs. 0abrador 71 *hil. 83 514317
*elobello vs. *alatino 7+ *hil. 331 514317
/n Re 0onto- 38 *hil +48 514+87
Torres v. @on)ales 1,+ 2CR' +78 514977
f. Commander9in Chief

The President shall be the Commander+in+Chief of all armed forces of the Philippines and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. "n case of invasion or
rebellion, when the public safety re&uires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ
of habeas corpus or place the Philippines or any part thereof under martial law. @ithin forty+eight hours from the
proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress, voting (ointly, by a vote of at least a ma(ority of all its
.embers in regular or special session, may revo)e such proclamation or suspension, which revocation shall not be set aside
by the President. /pon the initiative of the President, the Congress may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety
re&uires it.
The Congress, if not in session, shall, within twenty+four hours following such proclamation or suspension, convene in
accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citi'en, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and
must promulgate its decision thereon within thirty days from its filing.
state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authori'e the conferment of (urisdiction on military courts and agencies over civilians where
civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.
The suspension of the privilege of the writ of habeas corpus shall apply only to persons (udicially charged for rebellion or
offenses inherent in, or directly connected with, invasion.
Auring the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be (udicially
charged within three days, otherwise he shall be released.
<$P v. Hamora% G.R. 3o. 1,128,% !ugust 1&% 2'''
'uthorit% of CommanderCinCChief
1. To maintain peace and order
+. To call out such armed forces to prevent or suppress lawless violence invasion or rebellion
8. To suspend the privilege of the writ of habeas corpus
3. To place the *hilippines or an% part thereof under martial law
*residential mandate
N (eplo%ment of *"* and ;arines in malls
N Boint visibilit% patrols
N For crime prevention and suppression
"ature of authorit% of CommanderCinCChief
Dhen the *resident calls the armed forces to prevent or suppress lawless violence invasion or rebellion he necessaril%
exercises a discretionar% power solel% vested in his wisdom. There is textual commitment under the Constitution to bestow
on the *resident full discretionar% power to call out the armed forces and to determine the necessit% for the exercise of such
power. Thus should not be sub&ected to &udicial review.
Role of Congress 5limitation7
/t ma% revo-e a presidential proclamation or suspension on the matter and the Court ma% review the sufficienc% of the
factual basis thereof.
Calling out of armed forces v ;artial 0aw
To validl% proclaim ;artial 0aw the following must be presentH
1. There must be an actual invasion or rebellion
+. *ublic safet% must re<uire it
These conditions need not be present in order to validl% call out the armed forces. /t is enough that there is sufficient basis to
support such a proclamation.
Contention cFo /B*
N Civilian character of *"* has been violated
N REB?TT'0H TestH as long as *"* is still in charge not the marines perfectl% o-a%.
Basis of Chief Executive in calling out marines
*resident has sufficient basis. The recent bombings and ;indanao insurgencies danger in societ% is prevalent. Calling out
of the marines is simpl% in pursuance of the prevention and suppression of lawless violence. 'n actual invasion as /B*
contends does not have to occur because all it 5calling out of marines7 re<uires is that there is a necessit% in doing so.
>eld M Ratio
/t is constitutional. "ot a single citi)en has complained that his rights have been violated as a result of the deplo%ment of the
marines. The malls 5e.g. 2;7 have not even complained when the% are actuall% the ones who have standing on this issue
5because the marines are deplo%ed in their establishments7. The *resident has enough basis to set out such a proclamation.
SanlaDas v. 81ec. Sec.% G.R. 3o. 1&)'8&. 7eb. (% 2'',
*roclamation "o. 3+7 M @eneral Grder "o. 3
Bul% +7 +EE8H 2tate of rebellion. 'F* to suppress the rebellion.
*roclamation "o. 38, 'ugust 1 +EE8H (eclaration that the state of rebellion has ceased to exist.
"ature of authorit% of CommanderCinCChief
'rticle 7 2ection 19 grants the *resident as CommanderCinCChief a !se<uence$ of !graduated powers.$
From the most to the least benign.
>eld M Ratio
The mere declaration of a state of rebellion cannot diminish or violate constitutionalit% of protected rights. The warrantless
arrest feared b% the petitioners is not exclusive to the declaration of state of rebellion. ' person ma% be sub&ected to a
warrantless arrest for the crime of rebellion DG" there is such a proclamation so long as the re<uisites for a valid
warrantless arrest are present. /t is reiterated based on /B* v Yamora that the calling out power does not necessitate the
same conditions re<uired for the suspension of the writ of habeas corpus and the proclamation of martial law. The onl%
criterion to ad&udge the calling out is that whenever such calling out becomes necessar%.
'<uino v. Enrile ,4 2CR' 198 514737
Clauer vs. ?C 3o. ,% 1&' SCR! 1,, +1)80-
Timeline
(ecember +3 1474H *etitioners were arrested and detained.
;a% 8E 149EH *etitioners were charged for subversion 5For violation of *( 99, the revised antiCsubversion law7
Bune 8E 149EH Respondent ChiefCofC2taff of 'F* created the respondent commission ;ilitar% Commission "o. 83 to tr% the
criminal case filed against the petitioners.
Bul% 8E 149EH 'mended charge sheet was filed enumerating the following offensesH 517 unlawful possession of explosives
and incendiar% devicesA 5+7 conspirac% to assassinate *resident and ;rs. ;arcosA 587 conspirac% to assassinate cabinet
members Enrile Tatad and *aternoA 537 conspirac% to assassinate Tangco RoSo and CorpusA 5,7 arson of nine buildingsA
567 attempted murder of *ere) .alencia and @enerals Espino and .erA and 577conspirac% and proposal to commit rebellion
and inciting to rebellion.
'ugust 14 149EH *etitioners filed action en&oining respondent ;C from proceeding with the trial of their case.
Banuar% 17 1491H *resident ;arcos lifted ;artial 0aw 5*roclamation "o. +E3,7. This proclamation revo-ed @eneral Grder
"o. 9 5creating militar% tribunals7 and provided that !militar% tribunals created pursuant thereto are hereb% dissolved upon
final determination of cases pending therein which ma% not be transferred to the civil courts without irreparable
pre&udice#$
(ecember 3 1493H *ending resolution on the petition the ;C passed sentence convicting the petitioners and imposed upon
them the penalt% of death b% electrocution.
Februar% 13 149,H *etitioners file action in 2C see-ing to en&oin the ;C from ta-ing an% further action on the case against
them and from implementing the &udgment of conviction rendered b% the ;C because the same is null and void.
Feburar% 1496H *resident '<uino assumed office.
/ssue 5DG"7
' militar% tribunal has &urisdiction to tr% civilians while the civil courts are open and functioning.
'<uino Br. v ;C +
>eld that the ;C has been lawfull% constituted and validl% vested with &urisdiction to hear the cases against civilians.
*rompt and effective trial and punishment of offenders have been considered as necessar% in a state of martial law as a mere
power of detention ma% be wholl% inade<uate for the exigenc% martial law creates an exception to the general rule of
exclusive sub&ection to the civil &urisdiction and renders offenses against the laws of war as well as those of a civil
character triable b% militar% tribunals. *ublic danger warrants the substitution of executive process for &udicial process.
;ilitar% tribunals *ertain to the Executive (epartment and are simpl% instrumentalities of the executive power provided b%
the legislature for the *resident as CommanderCinCChief to aid him in properl% commanding the arm% and an% and enforcing
discipline therein and utili)ed under his orders or those of his authori)ed militar% representatives.
>eld M Ratio
N 's long as the civil courts in the land are open and functioning militar% tribunals will never have &urisdiction over
civilians.
N The power of interpreting laws is a function of the &udiciar%. /t is not the function of the executive through militar%
authorities. To ta-e cogni)ance of such a &urisdiction will be a violation of the constitutional right to due process of the
civilian.
"avales v. 'ba%a @.R. "o. 16+819 Gctober +, +EE3
0ansang vs. @arcia 3+ 2CR' 339 514717
/n Re (e .illa @.R. "o. 1,99E+ "ovember 17 +EE3
(avid v. 'rro%o @.R. "o. 17184E ;a% 8 +EE6
g. 8mergency Powers
"n times of war or other national emergency, the Congress may, by law, authori'e the President, for a limited period and
sub(ect to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national
policy. /nless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next ad(ournment thereof.
h. Contracting and guaranteeing foreign loans
The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior
concurrence of the .onetary 1oard, and sub(ect to such limitations as may be provided by law. The .onetary 1oard shall,
within thirty days from the end of every &uarter of the calendar year, submit to the Congress a complete report of its
decision on applications for loans to be contracted or guaranteed by the *overnment or government+owned and controlled
corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided
by law.
Boreign loans may only be incurred in accordance with law and the regulation of the monetary authority. "nformation on
foreign loans obtained or guaranteed by the *overnment shall be made available to the public.
ll appropriation, revenue or tariff bills, bills authori'ing increase of the 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.
Constantino v. Cuisia @.R. "o. 1E6E63 Gctober 18 +EE,
i. 7oreign affairs
-o treaty or international agreement shall be valid and effective unless concurred in by at least two+thirds of all the
.embers of the Senate.
"icolas v. Romulo @.R. "o. 17,999 Feb. 11 +EE4
*eopleJs ;ovement for *ress Freedom et al. v. >on. Raul ;anglapus @.R. "o. 9363+
?n 1anc Resolution dated 'pril 18 1499
Comm. of Customs vs. Eastern 2ea Trading 8 2CR' 8,1 514617
@o Te- vs (eportation Board 74 2CR' 17 514777
6. Legislation
1. 'ddress Congress
+. *reparation and submission of the budget
8. .etoC*ower
3. Emergenc% *owers
D. <mmunity from suit
$eltran vs. ?acasiar% G.R. 82&8&% 3ovember 1,% 1)88
Fast facts
;aximo 2oliven and 0uis Beltran 5pets7 were arrested for the charge of libel.
/ssue 5DG"7
The *resident under the Constitution ma% initiate criminal proceedings against the petitioners through the filing of the
complaintCaffidavit.
Contention cFo Beltran
The reasons which necessitate presidential immunit% from suit impose a correlative disabilit% to file suit. /f criminal
proceedings ensue b% virtue of the *residentJs filing of her complaintCaffidavit she ma% subse<uentl% have to be a witness
for the prosecution bringing her under the trial courtJs &urisdiction. This would in an indirect wa% defeat her privilege of
immunit% from suit as b% testif%ing on the witness stand she would be exposing herself to possible contempt of court or
per&ur%.
*rivilege of immunit% from suit.
To assure the exercise of *residential duties and functions free from an% hindrance or distraction considering that being the
*resident is a &ob that aside from re<uiring all of the officeCholderJs time also demands undivided attention. Gnl% good
during the term of the *resident. Cannot be used as a shield from criminal proceedings 5highCcrimes7.
>eld M Ratio
N The *resident ma% initiate criminal proceedings. *rivilege of immunit% from suit pertains to the *resident b% virtue of the
office and ma% be invo-ed onl% b% her the holder of the officeA not b% an% other person in the *residentJs behalf.
N The accused in a criminal case cannot establish as a defense the privilege of immunit% of the *resident to prevent the case
from proceeding against the accused.
N The *resident ma% waive this privilege and submit to the courtJs &urisdiction. The decision for waiver is solel% upon the
*resident not an% other person.
N /ssue is premature. There has been no suit filed against the *resident. *etitioner has been speculating.
"GTE2 /" C0'22H The *resident can sue but he cannot be sued within his term.
/f a public official is sued in his public capacit% a private law%er cannot represent him. Gnl% the G2C can.
Gloria v. C!% G.R. 3o. 11))'(% !ugust 1&% 2'''
Fast facts
Bienvenido /casiano 5private resp7 was the 2chool (ivision 2uperintendent of RC as appointed b% former *resident
'<uino. /n 1443 2ecretar% @loria 5pet7 recommended to the *resident the reassignment of /casiano to ;ari-ina /nstitute of
2cience and Technolog% 5;/2T7. The *resident approved the said recommendation. (irector Rosas 5pet7 informed /casiano
of his reassignment. /casiano as-ed for the reconsideration of his reassignment. The C' held that the reassignment was
violative of /casianoJs securit% of tenure and thus en&oined.
Contention cFo *et
The petition for prohibition is improper because the same attac-s an act of the *resident in violation of the doctrine of
presidential immunit% from suit. Ramos approved the transfer thus if someone <uestions the transfer the act of the *resident
is <uestioned.
>eld M Ratio
Gn the violation of doctrine of presidential immunit% from suit. There is no violation of the doctrine. The petition was
clearl% filed against @loria and Rosas not the *resident. Even so the acts of the *resident ma% still be <uestioned and tried
in the courts where there is grave abuse of discretion or that the *resident acted without or in excess of &urisdiction
5Executive 2ecretar% 2ecretar% of the (epartment of Budget and ;anagement etc7.
Gn the violation of the securit% of tenure. There is violation of securit% of tenure 5Civil 2ervice 0aws7. The reassignment b%
/casiano is indefinite and ma% be viewed as a demotion or a constructive removal from service. 5Bentain v C'7
8. .ice *resident
a. Rualifications election term and oath
b. *rivileges and salar%
c. *rohibitions
d. 2uccession
C. "he 4udicial /e.artment
1. 4udicial Power
The (udicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
0udicial power includes the duty of the courts of (ustice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lac)
or excess of (urisdiction on the part of any branch or instrumentality of the *overnment.
2. "he Su.reme Court
a. Com.osition

The Supreme Court shall be composed of a Chief 0ustice and fourteen ssociate 0ustices.
b. ?ode of Sitting
The Supreme Court shall be composed of a Chief 0ustice and fourteen ssociate 0ustices. "t may
sit en banc or in its discretion, in division of three, five, or seven .embers. ny vacancy shall be filled within ninety days
from the occurrence thereof.
ll cases involving the constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all other cases which under the Rules
of Court are re&uired to be heard en banc, including those involving the constitutionality,application, or operation of
presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the
concurrence of a ma(ority of the .embers who actually too) part in the deliberations on the issues in the case and voted
thereon.
Cases or matters heard by a division shall be decided or resolved with the concurrence of a ma(ority of the .embers who
actually too) part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of
at least three of such .embers. @hen the re&uired number is not obtained, the case shall be decided en banc2 Provided, that
no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or
reversed except by the court sitting en banc.
??/! v. 4ancom% G.R. 1,0,*&% !.ril 1'% 2''2
Fast facts
The case at bar relates with an assailment of a waste management contract between the Republic of the *hilippines and
B'"CG; Environmental Corporation.
Contentions cFo ;;('
N The resort to certiorari was proper
N There was no valid contract as it never passed the negotiation stage
N The case should be heard b% the Court en banc
>eld M Ratio on cogni)ance of 2C en banc
N The case should not be referred to the 2C en banc.
N The Court en banc is not an 'ppellate Court to which decisions or resolutions of a (ivision ma% be
appealed.
N ' decision of a (ivision of the Court is a decision of the 2upreme Court.
N The division did refer the case en consulta to the Court en banc suggesting or in<uiring if the Court en banc should ta-e
over and whether the case should be reCraffled courtwide due to the inhibition of Bustice Carpio. The Court en banc
however declined to ta-e over the case and returned it to the Third (ivision with instructions that it be reCraffled among the
other members of the (ivision.
N Circular +C94 further pertinentl% provides that !no motion for reconsideration of the action of the Court en banc declining
to ta-e cogni)ance of a referral b% a (ivision shall be entertained.$
Peo.le v. Gacott% G.R. 3o. 11*',)% 4uly 1(% 1))&
Fast facts
N Eusta<uio @acott 5resp7 is charged of grave abuse of discretion for erroneousl% dismissing a case. >e was reprimanded a
fine of *1EEEE.EE for gross ignorance of the law information of which will be included in his permanent records.
N @acott wants the Court to pass upon his other supplications arguments and even his insinuations for that matter.
N >e as-s for his !erroneous$ decision to not be included in his permanent records as it would be detrimental to his career.
N @acott somehow suggests that the administrative case against him was unfairl% raffled to Bustice Bidin
in the Third (ivision
Contention cFo @acott
The full court 2C en banc is the onl% bod% which can administrativel% punish him. The divisions of the 2C cannot preside
over his case.
>eld M Ratio
'rticle 9 2ection 11 of the Constitution should be interpreted to mean that even divisions can preside
over administrative and disciplinar% cases of &udges. /t was never intended that all administrative disciplinar% cases should
be heard and decided b% the whole Court since it would result in an absurdit%
and inefficienc%.
c. !..ointments and ualifications
The members of the Supreme Court and (udges of the lower courts shall be appointed by the President from a list of
at least # nominees prepared by the 0udicial 1ar and Council for every vacancy. Such appointment need no confirmation.
#acancies;
ny vacancy 6in the Supreme Court8 shall be filled within ninety 6;C8 days from the concurrence
of the vacancy.
Bor the lower courts, the president shall issue the appointments within ;C days from the
submission of the list 6from the 0udicial and 1ar Council8.
d. 3o non96udicial worD for 6udges
the members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing &uasi+(udicial or administrative function.
?eralco vs. Pasay "rans Co.% &0 Phil. *'' +1)(2-
Fast facts
The case at bar relates with a petition of the ;anila Electric Compan% 5;EC pet7 re<uesting the members of the 2C sitting
as a board of arbitrators to fix the terms upon which certain transportation companies shall be permitted to use the *asig
bridge of the ;EC and the compensation to be paid to the ;EC b% such transportation companies.
'ct "G. 1336 2ection 11
Relates with the legal act of the members of the 2C sitting as a board of arbitrators to act on the petition.
/ssue
Concerns the legal right of the members of the 2C sitting as a board of arbitrators the decision of a ma&orit% of whom shall
be final to act in that capacit%.
>eld M Ratio
'ct 1336 2ection 11 contravenes the maxims which guide the operation of a democratic government constitutionall%
established and that it would be improper and illegal for the members of the 2C sitting as a board or arbitrators the
decision of a ma&orit% of whom shall be final to act on the petition of the ;EC.
The decisions of the Board of 'rbitration shall go through the regular court s%stem 5Trial Courts Court of 'ppeals 2C7.
The% will be reviewed b% the lower courts and will ultimatel% be reviewed b% themselves. The 2C cannot sit as members of
the Board of 'rbitration because it is not within their &urisdiction to decided on cases on purel% contractual situations.
Garcia vs. ?acaraig% (' SCR! 1'* +1)01-
N 'dministrative charge filed against Budge Catalino ;acaraig Br. 5resp7 for alleged dishonest% violation of his oath of
office as &udge ... gross incompetence violation of Republic 'ct +46 or the Budiciar% 'ct of 1439 as amended 5particularl%7
2ections , ,, and ,9 thereof committed 5allegedl%7.
N ;acaraig too- his oath as Budge of the CF/ of 0aguna and 2an *ablo Cit% on Bune +4 147E. /t was a newl% organi)ed
branch which had to establish its operations from scratch. The ;unicipal @overnment of Calamba offered to suppl% the
space for the courtroom and offices of the court to utili)e the financial assistance promised b% the 0aguna provincial
government for the purchase of the necessar% supplies and materials and to rel% on the national government for the
e<uipment needed b% the court 5?nder 2ection 14E of the Revised 'dministrative Code all these items must be furnished b%
the provincial government The provincial officials of 0aguna however informed the respondent that the province was not
in a position to do so7.
N /t too- so much time for the branch to become established as it experienced difficulties in finding a place to hold its office
and finall% use the amount appropriated for its expenses
Contentions cFo *a) @arcia 5pet7
N ;acaraig has not submitted an% monthl% reports certificate of service period of Bul% 1 147E to Februar% +9 1471
N ;acaraig despite -nowing that he has not been fulfilling his duties as &udge still received salaries for the period in
<uestion
>eld M Ratio
;acaraig is not guilt% of dishonest% and gross incompetence. >e did not violate his oath of office as &udge. (uring the
period in <uestion he simpl% could not carr% out his duties for the simple reason that he had no sala %et. The respondent
too- it upon himself to personall% wor- for earl% action on the part of the corresponding officials in this direction and in his
spare time made himself available to the (epartment of Bustice to assist the 2ecretar% what with his vast experience having
wor-ed therein for sixteen %ears is far from being dishonest% to his credit. /n the circumstances it was certainl% not
improper that he rendered some -ind of service to the government since he was receiving salaries while being unable to
perform his regular duties as &udge without an% fault on his part.
Budicial wor- encompasses onl% what is mentioned as &udicial power in the Constitution. Budges cannot be appointed to
positions in other bodies unless it is provided b% the Constitution or created b% the 2C.
e.Salary
The salary of the Chief 0ustice and the ssociate 0ustices of the Supreme Court, and of
(udges of lower courts shall be fixed by law. Auring their continuance in office, their salary
shall not be decreased.
3itafan vs. Comm. of <nternal Revenue% 1&2 SCR! 28, +1)80-
148, v 1478 v 1497
148, &urisprudence sa%s that deduction of withholding taxes erodes independence of &udiciar% exempt from taxation
1478 &udges are not exempt
1497 silent DG" &udgesJ salaries are exempt from taxation the provision of 1478 was specificall% deleted
Contention cFo *et
'n% tax withheld from their emoluments or compensation as &udicial officers constitutes a decrease or diminution of their
salaries contrar% to the provision of 2ection 1E 'rticle ./// of the 1497 Constitution mandating that during their
continuance in office their salar% shall not be decreased. The 1497 provision should be interpreted the same wa% 148, was
interpreted.
>eld M Ratio
N The declared the salaries of members of the Budiciar% are not exempt from pa%ment of the income tax and considered such
pa%ment as a diminution of their salaries during their continuance in office. The Court hereb% reiterates that the salaries of
Bustices and Budges are properl% sub&ect to a general income tax law applicable to all income earners and that the pa%ment of
such income tax b% Bustices and Budges does not fall within the constitutional protection against decrease of their salaries
during their continuance in office.
N 's will be shown hereinafter the clear intent of the Constitutional Commission was to delete the proposed express grant of
exemption from pa%ment of income tax to members of the Budiciar% so as to =give substance to e<ualit% among the three
branches of @overnment= in the words of Commissioner Rigos 5uniformit% of taxation7.
N The framers actuall% intended to include an express provision regarding the nonCexemption of &udges from taxation. The%
intended to put it in a separate item but were not able to follow through on that.
f. "enure
The members of the Supreme Court and (udges of lower court shall hold office during good behavior until 6i8 they
reach DC years, or earlier if 6ii8 they become incapacitated to discharge the duties of their office.
-o law shall be passed reorgani'ing the 0udiciary when it undermines the security of tenure of its members.
g. Removal
The President, the !ice+President, the .embers of the Supreme Court, the .embers of the Constitutional Commissions, and
the Embudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. ll other public officers and employees
may be removed from office as provided by law, but not by impeachment.
<n Re Gon>ales% 1*' SCR! 001 +1)88-
Fast facts
Raul @on)ales forwarded an anon%mous letter b% !Concerned Emplo%ees of the 2upreme Court$ to Bustice Fernan. The
letter was addressed to @on)ales referring to charges for disbarment brought b% ;iguel Cuenco against Bustice Fernan and
as-ing !to do something about this.$ The action against Fernan was filed in the Tanodba%an. Tanodba%an special
prosecutor li-e a fiscalA ombudsman.
'dministrative Case "o. 818,
Resolution dated Februar% 1499 entitled !;iguel Cuenco v >onorable ;arcelo B. Fernan$ in which Resolution the Court
resolved to dismiss the charges made b% Cuenco against Fernan for utter lac- of merit. The Court resolved to re<uire
Cuenco to show cause wh% he should not be administrativel% dealt with for ma-ing unfounded serious accusations against
Fernan.
/mportant principles of 'C 818,
'rticle 9 2ection 7 51497 Constitution7. ' public officer who under the Constitution is re<uired to be a ;ember of the
*hilippine Bar as a <ualification for the office held b% him and who ma% be removed from office only by im.eachment
cannot be charged with disbarment during the incumbenc% of such public officer.
0ecaro) v 2andiganba%an. *roscribes the removal from office of the aforementioned constitutional officers b% an% other
methodA otherwise to allow a public officer who ma% be removed solel% b% impeachment to be charged criminall% while
holding his office with an offense that carries the penalt% of removal from office would be violative of the clear mandate of
the fundamental law.
/mpeachment first before criminal and other actions. There is fundamental procedural re<uirement that must be observed
before such liabilit% ma% be determined and enforced. The Court is not sa%ing that a ;ember of the 2C is absolutel%
immune from disbarment and criminal actions against him. /t is &ust that this member must first be removed from office via
impeachment proceedings before other actions will
prosper against him. 2hould the tenure of the 2C Bustice be thus terminated b% impeachment he ma% then be held to answer
either criminall% or administrativel% 5b% disbarment proceedings7 for an% misbehavior that ma% be proven against him.
Reason for ruling. Dithout the rule ;embers of the 2C would be vulnerable to all manner of charges
which might be brought against them b% unsuccessful litigants or their law%ers or b% other parties who
for an% number of reasons might see- to affect the exercise of &udicial authorit% b% the Court. Can 6udges be disbarred
during their termL Kes. The onl% ones who could be disbarred are the impeachable officers.
h. 7iscal autonomy
The 0udiciary shall en(oy fiscal autonomy. ppropriations for the 0udiciary may not be reduced by the legislature below the
amount appropriated for the previous year and, after approval, shall be automatically and regularly released.
-o law shall be passed authori'ing any transfer of appropriationsF however, the President, the President of the Senate, the
Spea)er of the House of Representatives, the Chief 0ustice of the Supreme Court, and the heads of Constitutional
Commissions may, by law, be authori'ed to augment any item in the general appropriations law for their respective offices
from savings in other items of their respective appropriations.
i. 4urisdiction
The (udicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
The Congress shall have the power to define, prescribe, and apportion the (urisdiction of the various courts but may not
deprive the Supreme Court of its (urisdiction over cases enumerated in
Section : hereof.
Santiago vs. $autista% (2 SCR! 188 +1)0'-
Fast facts
Teodoro 2antiago Br. 5pet7 was a student of 2ero Elementar% 2chool in Cotabato Cit%. (uring graduation Teodoro was
awarded the third honor with 2ocorro ;edina and *atricia 0ingat as first and second honors respectivel%. The final list of
awardees was deliberated b% a board composed of @rade 6 teachers.
Contentions cFo Teodoro
N >e has been pre&udiced in that 2ocorro ;edina was tutored b% one of their teachers thus giving her an edge in the
&udgment of awarding of honors N The committee which ad&udged the awarding of honors were composed of onl% @rade 6
teachers in violation of the rule that the committee must be composed of teachers from both @rades , and 6.
CF/ (ecision
The petition states no cause of action and should be dismissed. Gne of the grounds is that the committee on the ratings of
students for honor whose actions are being condemned in the case at bar is not the tribunal board or officer exercising
&udicial functions against which an action for certiorari ma% lie under 2ection 1 of Rule 6,.
Burisdiction of courts
Gnl% with regard those actual cases and controversies that re<uire the interpretation of the law. The issue must be &usticiable.
;ust call for the application of the law.
Re<uisites for a valid action of certiorari
1. That there must be a specific controvers% involving rights of person or propert% and said controvers% is brought before a
tribunal board or officer for hearing and determination of their respective rights and obligations 5Budicial action7
+. The tribunal board or officer before whom the controvers% is brought must have the power and authorit% to pronounce
&udgment and render a decision on the controvers% construing and appl%ing the laws to that end.
8. The tribunal board or officer must pertain to that branch of the sovereign power which belongs to the &udiciar% or at
least which does not belong to the legislative or executive department.
Budicial function
N /t must be the exercise of discretion and &udgment within that subdivision of the sovereign power which belongs to the
&udiciar% or at least which does not belong to the legislative or executive department. /f the matter in respect to which it is
exercised belongs to either of the other branches it is not &udicial.
N /nvolves the determination of what the law is and what the legal rights of parties are with respect to a matter in
controvers%A and whenever an officer is clothed with that authorit% and underta-es to determine those <uestions he acts
&udiciall%.
/ssue 5DG"7
N 2C has the &urisdiction over the issue.
N The committee on the rating of students for honor exercised &udicial or <uasiC&udicial functions in the
performance of its assigned tas-.
>eld M Ratio
"o actual case or controvers%. The committee composed of the teachers was not engaged in &udicial functions. There is no
mention that when teachers do sit down as a committee and ad&udge the awarding of honors to their students their acts as
such relate with the determination of what the law is. 'lso citing Felipe v 0euterio.
7eli.e vs. Leuterio% )1 Phil. ,82 +1)&2-
Fast facts
The case at bar relates with alleged erroneous results of an oratorical contest held in "aga Cit%. There were 9 contestants
among them wereH "estor "osce Emma /mperial 5resp7 and 0uis @eneral Br. The issue arose when it was found out that
there was an arithmetical error in the final scores. (a%s after the contest has been conducted and the winners announced one
of the &udges 5pet7 confesses he made a mista-e that the ratings he gave the second placer should have been such as would
entitle her to first
place. The other &udges refuse to alter their verdict.
/ssue 5DG"7
The Courts have the authorit% to reverse the award of the board of &udges of an oratorical contest.
>eld M Ratio
The &udiciar% has no power to reverse the award of the board of &udges of an oratorical contest. "o &urisdiction. Error is
contemplated b% law as a misapplication of a statute or provision. There could be error in the computation of final scores
but it is not error in context of law. The Court would not interfere in literar% contests beaut% contests and similar contests.
The decision of the board in such contests although onl% implied is final and unappealable.
6. /eliberations
The conclusions of the Supreme Court in any case submitted to it for the decision en banc or in division shall be reached in consultation before the case the
case assigned to a .ember for the writing of the opinion of the Court. certification to this effect signed by the Chief 0ustice shall be issued and a copy
thereof attached to the record of the case and served upon the parties. ny .ember who too) no part, or dissented, or abstained from a decision or
resolution must state the reason therefor. The same re&uirements shall be observed by all lower collegiate court.
Prudential $anD v.Castro. 1&8 SCR! *,* +1)88-
Fast facts
The case at bar relates with the disbarment of 'tt%. @recia 5resp7.
Contentions cFo Resp
N CB Claudio Teehan-ee should have voluntar% inhibited himself from the proceedings. CB was pre&udicial against @recia
that he rendered a decision against @recia 5disbarment7.
N The CourtJs decision violates the Constitution in that it lac-s certification b% the CB that the conclusions of the Court were
reached in consultation before the case was assigned to a member for the writing of the opinion of the Court.
>eld M Ratio
's to CB Teehan-eeJs voluntar% inhibition. *etition denied for lac- of legal and factual basis. 'fter a member has given an
opinion on the merits of a given case he ma% not be dis<ualified from participating in the proceedings because a litigant
cannot be permitted to speculate upon the action of the Court and raise an ob&ection of this sort after decision has alread%
been rendered. /t should be made of record that at no time during the deliberations on the case did the CB show an% ill will
nor an% sign of vindictiveness much less an% attempt to exact vengeance for past affront against @recia. 's to the lac- of
certification. This re<uirement is onl% present in &udicial decisions not in administrative cases li-e a disbarment
proceeding. Even if such certification were re<uired it is be%ond doubt that the conclusions of the Court in its decision were
arrived at after consultation and deliberations and voted attest to that.
*er curiam decision opinion of the court as a wholeA there is no ponente.
For cases where the court does not want to expose the identit% of the ponente.
Resolution v (ecision
Resolution does not decide the caseA dilator%A i.e. dismissal of a case for lac- of merit
(ecision when the court has given due courseA must state facts and law
Consing v. Court of !..eals% 100SCR! 1, +1)8)-
Fast facts
;erlin Consing 5pet7 sold a house and lot to Caridad 2antos. *rovided in their contract of sale were particular terms of
pa%ment in which the purchase price shall be paid 5installment basis plus interest7. /n the process 2antos defaulted in her
pa%ments. Consing demanded for her pa%ment and had planned to resort to court litigation. 2antos expressed her willingness
to settle her obligation. >owever this is upon the condition that the Consings compl% with all the laws and regulations on
subdivision and after pa%ment to her damages as a conse<uence of the use of a portion of her lot as a subdivision road. /n
response the Consings submitted a revised subdivision plan.
CF/ (ecision
2antos was full% &ustified in refusing to pa% further her monthl% amorti)ations because although Consing submitted a
revised plan and ma% have corrected irregularities andFor have complied with the legal re<uirements for the operation of
their subdivision he cannot escape liabilit% to 2antos for having sold to her portions of the roads or streets denominated as
rightCofCwa%.
Contention cFo Consing
C' did not compl% with the certification re<uirement.
*urpose of certification re<uirement
N To ensure that all court decisions are reached after consultation with members of the court en banc or division as the case
ma% be
N To ensure that the decision is rendered b% a court as a whole not merel% b% a member of the same
N To ensure that decisions are arrived onl% after deliberation exchange of ideas and concurrence of ma&orit% vote
>eld M Ratio
The absence of certification does not invalidate a decision. /t is onl% evidence for failure to observe the re<uirement. There
could be an administrative case on the ground of lac- of certification.
D. #oting
Cru> v. /83R% G.R. 3o. 1(&(8&% /ecember *% 2'''
Fast facts
The petitioners are assailing the constitutionalit% of certain provisions of R' 9871 otherwise -nown as the /ndigenous
*eoples Rights 'ct of 1447 5/*R'7 and its /mplementing Rules and Regulations.
Results of voting
2even 577 voted to dismiss petition. Papunan CB Bellosillo Ruisumbing 2antiago *uno 5separate opinion7 and ;endo)a
5not &usticiable7. 2even 577 voted to grant petition. *anganiban .itug ;elo *ardo Buena @on)agaCRe%es and (e 0eon.
's the votes were e<uall% divide and the necessar% ma&orit% was not obtained the case was redeliberated upon. >owever
after redeliberation the voting remained the same. 'ccordingl% pursuant to Rule ,6 2ection 7 of the Rules of Civil
*rocedure the petition is (/2;/22E(. The assumption is the law is constitutional.
l. Reuirements as to decisions
-o decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.
#alladolid vs. <nciong% 121 SCR! 2'& +1))2-
Fast facts
BR; owned Tropicana and Copacabana hotels. >owever it onl% had controlling interest in Tropicana as Copacabana was
managed b% its owners 5siblings Ku7. The two hotels became direct competitors. *ertinent financial and business information
was being lea-ed from Copacabana to Tropicana. Ricardo .alladolid 5pet7 was emplo%ed b% BR; in 1477 as a telephone
switchboard operator. >e was subse<uentl% transferred to the position of cler-Ccollector. >e was suspected to be the lea-
who sends important information to the competitor.
Grder of ;a% + 1474 5(ecember +6 14747
/n response to the application for clearance and .alladolidJs complaint for /llegal (ismissal the Regional director issued
this order. The (eput% ;inister of 0abor in a succinct Grder dismissed both appeals after finding !no sufficient
&ustification or valid reason to alter modif% much less reverse the Grder appealed from$.
Contention cFo BR;
The order of >on. 'mado /nciong 5resp7 failed to state the facts and conclusion of law upon which it is based thus
unconstitutional.
;emorandum decision
Gnl% dispositive portion is authored b% the 2C. The rest is copied from the decision of the lower court. "ot prohibited still
valid but it is not encouraged.
>eld M Ratio
The fact that the Grder of the (eput% ;inister of 0abor issued on (ecember +6. 1474 lac-s a statement of facts and
conclusions of law does not e<uate to the violation of the constitutional re<uirement set forth in 'rticle 9 section 13 which
is re<uired of decisions or courts of record. >owever the assailed order is not a decision of a court of record. The ;inistr%
of 0abor is an administrative agenc% with <uasiC&udicial functions with rules of procedure mandated to be nonClitigious
summar% and nonCtechnical. 's the (eput% ;inister was in full accord with the findings of fact and the conclusions of law
drawn from shoes facts b% the Regional director there was no necessit% of discussing anew the issues raised therein.
3otes in class
Gnl% cases that are submitted for decision shall re<uire a fullCblown decision.
Facts and law must be clearl% distinguished
3unal vs. CC!% 1*) SCR! (&* +1)8)-
Contention cFo pet
The Resolution of the 2C under date of ;a% 11 1449 is not in accordance with 'rticle 9 2ection 13 of the Constitution.
'rticle 9 2ection 13
"o decision shall be rendered b% an% Court without expressing therein clearl% and distinctl% the facts and the law on which
it is based.
>eld M Ratio
Constitutional. The assailed Resolution was not a !(ecision$ within the meaning of the Constitutional re<uirement. This
mandate is applicable onl% in cases !submitted for decision$ i.e. given due course and after the filing of Briefs or
;emoranda andFor other pleadings as the case ma% be. /t is not applicable to an Grder or Resolution refusing due course to
a *etition for certiorari. The assailed Resolution does state the legal basis for the dismissal of the *etition and thus complies
with the Constitutional provision.
Peo.le v. $ugarin% 20( SCR! (8, +1))*-
;arcelino Bugarin 5resp7 is found b% the RTC guilt% of raping his daughter ;ar%&ane.
RTC (ecision
N @uilt% be%ond reasonable doubt
N Four counts of consummated rape
N Gne count of attempted rape
N 2entence 5dispositive7 indicates !8$ counts instead of !3$
Contention cFo Bugarin
The decision of the RTC does not state facts ad law upon which it was based.
Rule 1+E 149, Rules on Criminal *rocedure
Reiterates 'rticle 9 2ection 1, of the Constitution. *rovides among others that &udgment shall contain
clearl% and distinctl% a statement of the facts proved or admitted b% the accused and the law upon which
such &udgment is based.
>eld M Ratio
N The decision of the RTC falls short of the re<uirement. /t disrespects the &udicial function.
N There was no evaluation of evidence and discussion of legal <uestions
N (oes not explain wh% RTC considered ;ar%&aneJs testimon% credible despite the fact that she could not
remember the time of the da% when she was allegedl% raped
N (ecision found him guilt% on 3 counts of consummated rape instead of 6 5there were 6 informations
filed against him7#the dispositive further adding to the confusion indicating &ust 8 counts
Reasons for the re<uirement
N To inform the parties of the basis for the decision so that if an% of them appeals he can point out to
the appellate court the findings of facts or the ruling on points of law with which he disagrees.
N 'n assurance to the parties that in reaching &udgment the &udge did so through the processes of legal
reasoning.
N ' safeguard against the impetuosit% of the &udge preventing him from deciding b% ipse dixit 5a bare
assertion resting on the authorit% of the individual7.
>ernande) v. Court of 'ppeals ++9 2CR' 3+4 514487
Kao v. C' @.R. "o. 18+3+9 Gctober +3 +EEE
(i)on v. Budge 0ope) '.;. 46C1889 2eptember , 1447
'siavest v. C' @.R. "o. 11E+68 Bul% +E +EE1
m. Petition for ReviewG?otion for Reconsideration
-o petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without
stating the legal basis therefor.
"ichangco v. 8nriue>% G.R. 3o. 1&'*2)% 4une ('% 2'',
The C'Js (ecision is invalid because it failed to mention that a magnetic surve% was completed onl% on "ovember 1,
14E, a fact that the% perceive to be crucial to the determination of the case.
/ssue 5DG"7
The C' complied with 2ection 13 'rticle 9 of the 1497 Constitution.
'rticle 9 2ection 13
(eals with the disposition of petitions for review and motions for reconsideration. /n appellate courts the rule does not
re<uire an% comprehensive statement of facts or mention of the applicable law but merel% a statement of the !legal basis$
for den%ing due course.
>eld M Ratio
There is sufficient compliance with the constitutional re<uirement when a collegiate appellate court after deliberation
decides to den% a motionA states that the <uestions raised are factual or have alread% been passed uponA or cites some other
legal basis. The C' (ecision contains the necessar% antecedents to warrant its conclusions the appellate court cannot be
said to have withheld !an% specific finding of facts.$ Dhat the law insists on is that a decision state the !essential ultimate
facts.$ /ndeed the !mere failure to specif% the contentions of the petitioner and the reasons for refusing to believe them is
not sufficient to hold the same contrar% to the re<uirements of the provision of law and the Constitution.$
3otes in class
Resolution disposition of merits upon due courseA does not contain decision
7r. ?artine> v. C!% G.R. 12(&,0% ?ay 21% 2''1
Contention cFo *et
The resolution of the C' den%ing his motion for reconsideration was rendered in violation of the Constitution because it
does not state the legal basis thereof.
>eld M Ratio
The Constitutional re<uirement was full% complied with when the C' in den%ing reconsideration of its decision stated in
its resolution that it found no reason to change its ruling because petitioner had not raised an%thing new.
3otes in class
2C reversed the decision of the C'. !(ismissed for lac- of merit$ sufficient as to the constitutional re<uirement 2C is not
re<uired to give due course to '00 decisions.
n. Periods for deciding cases
%. ll cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty+four
months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months
for all lower collegiate courts, and three months for all other lower courts.
$. G case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or
memorandum re&uired by the Rules of Court or by the court itself.
#. /pon the expiration of the corresponding period, a certification to this effect signed by the Chief 0ustice or the
presiding (udge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and
served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued
within said period.
,. Aespite the expiration of the applicable mandatory period, the court, without pre(udice to such responsibility as
may have been incurred in conse&uence thereof, shall decide or resolve the case or matter submitted thereto for
determination, without further delay.
Re; /elays in the Sandiganbayan% !.?. 3o. ''989'&9SC% 3ov. 28% 2''1
Fast facts
/B* filed a resolution 5administrative complaint7 for !serious dela%s in the decision of cases and in the
resolution of motions and other pending incidents before the different divisions of the 2andiganba%an.
/ssue
Dhat is the reglementar% period within which the 2andiganba%an must decideFresolve cases falling within its &urisdictionL
Contentions cFo /B*
N The 2andiganba%an is a trial court it is re<uired to submit the same reports re<uired of the RTC.
N The Constitution states that !all lower collegiate courts$ must decide or resolve cases or matters before it within 1+
months !from date of submission$A however the 2andiganba%an as a trial court is re<uired to resolve and decide cases
within a reduced period of 8 months li-e RTCs or at the most 6 months from the date of submission.
'rticle 9 2ection 1,
N ;ust be resolved within +3 months from date of submission to the 2C unless otherwise reduced b% the
2C
N 1+ months for all lower collegiate courts
N 8 months for all other lower courts
N *resupposes that case is deemed submitted for decision
N 0ast pleading
Contention cFo 2olicitor @eneral
N 8 months original
N 1+ months C appeal
2andiganba%an
2epcial court of the same level as the C' possession all the inherent powers of a court of &ustice with functions of a trial
court.
*( 16E6
0aw creating the 2andiganba%an. ;aximum period of determination of cases for the 2andiganba%an Z 8 months
>eld M Ratio
'rticle 9 2ection 13 does not appl% to the 2andiganba%an. 'rticle 9 2ection , provides that Rules of procedure of special
courts and <uasiC&udicial bodies shall remain effective unless disapproved b% the 2C. The 2andiganba%an promulgated its
own rules providing that the maximum period to decide cases is within 8 months from the date the case was submitted for
decision.
/f court exceeds mandator% periods Z administrative sanctions
o. Presidential 8lectoral "ribunal
.. !dministrative .owers
The Supreme Court shall have administrative supervision over all courts and the personnel thereof.
1. Su.ervision of lower courts
The Supreme Court en banc shall have the power to discipline (udges of lower courts, or order their dismissal, by a
vote of a ma(ority of its .embers who actually too) part in the deliberations on the issues in the case and voted thereon.
<n re /emetria% !.?. 3o. ''909')9C!% ?arch 20% 2''1
Fast facts
Bustice (emetrio @. (emetria was found guilt% on ;arch +7 +EE1 of interceding in behalf of suspected drug <ueen Ku Ku-
0ai (emetria being in violation of the Code of Budicial Conduct. (emetria then an 'ssociate Bustice of the C' was
dismissed from service with pre&udice to his appointment or reappointment to an% government office agenc% or
instrumentalit% including @GCCs or institutions. 'll his benefits were ordered forfeited.
'mong other events (emetria accompanied a certain @o Teng Po- and 'tt%. Reinerio *aas to the office of 2* Formaran
the public prosecutor handling the Ku Ku- 0ai case. ?pon meeting Formaran @o Teng Po- readil% as-ed the prosecutor to
withdraw his motion for inhibition i.e. the unsigned letter of !concerned court emplo%ees$ was !not strong$. Formaran
declined the re<uest and simpl% said that he would bring the matter to C2* Bovencito YuSo with (emetria commenting
!/%on pala.$ (emetria then called YuSo and re<uested the C2* to order Formaran to withdraw the ;F/.
Resolution
The evidence is clear if not overwhelming and damning$ that respondent did intercede for suspected Chinese drug <ueen Ku
Ku- 0ai. The decision to dismiss (emetria as promulgated b% the retired 2C Bustice @riSoC'<uino. 'bsent an% showing of
bias partialit% flaw or grave abuse of discretion we shall not disturb the findings of the respected Bustice.
Personal 3ote
(id not find a discussion within the case of the exact Constitutional provision that relates to the !2upervision of lower
courts$ which this case is supposed to be illustrative of. / would suppose though that it is about 'rticle 9 2ection 11 where
it is mentioned that the 2C has the power to dismiss the &udges of the lower courts.
/n re 0etter of *B .as<ue) '.;. "o. E9C9C11CC' 2ept. 4 +EE9
2. "em.orarily assign 6udges to other stations in .ublic interest
The Supreme Court shall have the power to assign temporarily (udges of lower courts to other stations as public interest
may re&uire. ssign temporarily (udges of lower courts to other stations as public interest may re&uire. Such temporary
assignment shall not exceed six months without the consent of the (udge concerned.
(. Crder a change of venue or .lace of trial to avoid miscarriage of 6ustice
Erder a change of venue or place of trial to avoid a miscarriage of (ustice.
Peo.le v. Pilotin% *& SCR! *(& +1)0&-
Contention cFo Crisologo
>is life would be in &eopard% if he were to be confined in the .igan municipal &ail during the trial because there are man%
political enemies of the Crisologo famil% in that vicinit%.
>eld M Ratio
The Constitution expressl% empowers the Court to !order a change of venue or place of trial to avoid a miscarriage of
&ustice$. Dhat is involved in the case at bar is not merel% a miscarriage of &ustice but the personal safet% of Crisologo. /t
would be absurd to compel him to undergo trial in a place where his life would be imperiled.
(ispositive
The municipal court of .igan is directed to transfer the record of CrisologoJs Criminal Case to the cit% court of Rue)on Cit%
where it should be redoc-eted and raffled to an% Budge. The case ma% be tried at Camp Crame. The usual precautions and
securit% measures should be adopted in bringing Crisologo to Crame on the occasion of the hearing.
3otes in class
'pplies to criminal cases 5civil cases inhibition venue can be transferred but not &urisdiction.7
Burisdiction
N 2ub&ect matter
N *erson
N Territor%
?ondiguing v. !bad% *8 SCR! 1, +1)0&-
Contentions cFo ;ondi<uing
N The% could not expect a fair and impartial trial in 0agawe /fugao because Budge Francisco ;en 'bad of
the CF/ of that province is a prot[g[ of @overnor 0umauig and his brother former Congressman Romulo 0umaig
N Their witnesses would be afraid to testif% for fear of harassment and reprisals
N Their lives and the lives of their witnesses and law%ers would be in grave danger in /fugao because of the tensions and
antagonisms spawned b% the case and the political rivalr% beteen the 0umauig and ;ondiguing factions.
/ssue 5DG"7
;ondiguingJs plea for a change of venue is &ustified.
Basis of change of venue
' change of place of trial in criminal cases should not be granted for whimsical or flims% reason. !the interests of the public
re<uire the to secure the best results and effects in the punishment of crime it is necessar% to prosecute and punish the
criminal in the ver% place as near as ma% be where he committed his crime$.
>eld M Ratio
*etition for change of venue is meritorious. ' change of venue is granted as it was shown that the accused might be
li<uidated b% his enemies in the place where the trial was originall% scheduled to be held.
*eople v. 2ola 1E8 2CR' 848 514917
Fast facts
CF/ "egros Gccidental issued a search warrant for the search and sei)ure of the deceased bodies of 7 persons believed in the
possession of the accused *ablo 2ola in his hacienda at 2ta. /sabel Paban-alan "egros Gccidental.
Contentions cFo witnesses in the murder cases
The% were in fear that if the trial is held at the CF/ branch in >imama%lan which is but 1E-m from Paban-alan their safet%
could be &eopardi)ed. 't least + of the accused are official with power and influence in Paban-alan and the% have been
released on bail. /n addition most of the accused remained at large. There have been reports made to police authorities of
threats made on the families of the witnesses.
@eneral rule
The primordial aim and intent of the Constitution must ever be -ept in mind. /n case of doubt it should be resolved in favor
of a change of venue.
>eld M Ratio
Change of venue has become moot and academic. >owever the case proceeds with this discussionH To compel the
prosecution to proceed to trial in a localit% where its witnesses will not be at libert% to reveal what the% -now is to ma-e a
moc-er% of the &udicial process and to betra% the ver% purpose for which courts have been established. The witnesses in the
case are fearful of their lives. The% are afraid the% would be -illed on their wa% to or from >imama%lan during an% of the
da%s of trial. Because of this fear the% ma% either refuse to testif% or testif% falsel% to save their lives.
,. !..ointment of officials and em.loyees of entire 6udiciary
ppoint all officials and employees of the 0udiciary in accordance with the Civil Service <aw.
&. Promulgate rules concerning the enforcement and .rotection of constitutional
rights
*. Promulgate Rules Concerning Pleading% Practice and Procedure
Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the
under+privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and &uasi+(udicial bodies shall remain effective unless disapproved by
the Supreme Court.
7. !dmission to the Practice of Law
Each %ear the 2upreme Court administers examinations in eight bar sub&ects for the purpose of
determining who should be admitted to the practice of law.
Haldivar vs. Gon>ales% 1** SCR! (1* +1)88-
Fast facts
Yaldivar 5pet7 is one of several defedants in Criminal Cases "os. 1+1,4C1+161 and 1+168C1+177 5for violation of the 'ntiC
@raft and Corrupt *ractices 'ct7 pending before the 2andiganba%an. The Gffice of the Tanodba%an conducted the
preliminar% investigation and filed the criminal informations in those cases.
Contention cFo Yaldivar
@on)ales 5resp7 as Tanodba%an and under the provisions of the 1497 Constitution was no longer vested with power and
authorit% independentl% to investigate and to institute cases for graft and corruption against public officials and emplo%ees
and hence that the informations filed in the aforementioned Criminal Cases were all null and void.
*hilippine (ail% @lobe article Tanod 2cores 2C for Ruashing @raft Case @on)ales is <uoted in man% occasions sa%ing that
stopping him from investigating graft cases li-e that involving Yaldivar !can aggravate the thought that affluent persons
can prevent the progress of trial#Dhat / am afraid of 5with the issuance of the order7 is that it appears that while rich and
influential persons get favorable actions from the 2C it is difficult for an ordinar% litigant to get his petition to be given due
course.$ >e continues to accuse that this issue will promote further lac- of confidence in the &udiciar%. Dhile he has been
supposedl% been assigned b% *resident '<uino to preside over graft cases as Tanodba%an the 2C has been continuall%
preventing him to do so.
'pril +7 1499 2C (ecision
Grder @on)ales too cease and desist from conducting investigations and filing criminal cases with the 2andiganba%an or
otherwise exercising the powers and functions of the Gmbudsman.
2tatements in ;FR filed b% @on)ales on 'pril +9 1499
1. That he had been approached b% a leading member fo the 2C and he was as-ed to !go slow$ on Yaldivar and !not be too
hard on him$
+. That he was approached and as-ed to !refrain$ from investigating the CG' report on illegal disbursements in the 2C
because !it will embarrass this Court$
8. That in several instances the respondent was called over the phone b% a leading member of the 2C and was as-ed to
dismiss cases against + members of the Court
'uthorit% to discipline
The 2C as regulator and guardian of the legal profession has plenar% disciplinar% authorit% over attorne%s. The authorit% to
discipline law%ers stems from the CourtJs constitutional mandate to regulate admission to the practice of law which includes
as well authorit% to regulate the practice itself of law.
Contentions cFo @on)ales
N ;embers of the court should inhibit themselves as the% were biased and pre&udiced against him
N The issues of the proceeding should be passed upon the /B* because he does not expect due process
from the 2C that the 2C has become incapable of &udging him impartiall% and fairl%.
N The 2C deliberatel% rendered an erroneous decision when it rendered it (ecision on 'pril +7 1499
N That decision was rendered in retaliation b% the 2C against him for the position he had ta-en !that the 2C Bustices cannot
claim immunit% from suit or investigation b% government prosecutors$ and in order to stop respondent from investigating
cases against !some of the prot[g[s or friends of some 2C Bustices$.
N The members of the 2C have improperl% !pressured him to render decisions favorable to their !colleagues and friends$
including dismissal of !cases$ against + of its own members.
>eld M Ratio
Considering the -inds of statements of law%ers discussed above which the Court has in the past penali)ed as contemptuous
or as warranting application of disciplinar% sanctions the 2C holds that the statements made b% @on)ales clearl% constitute
contempt and call for the exercise of the disciplinar% authorit% of the 2C. The statements especiall% the one which mentions
that the 2C made a deliberatel% erroneous decision constitute the grossest disrespect for the Court. 2uch statements ver%
clearl% debase and degrade the 2C and through the 2C the entire s%stem of administration of &ustice in the countr%.
(ispositive
'tt%. Raul ;. @on)ales is suspended from the practice of law indefinitel% and until further orders from the
2C the suspensions to ta-e effect immediatel%.
<n re ; Cunanan% ), Phil. &(, +1)&,-
Fast facts
The case at bar deals with an R' that when effected result in the passage and admittance to the practice of law of people
who have previousl% flun-ed the bar exams. The enactment of the R' will result in the admittance of additional 1E43
candidates.
R' 47+
'n 'ct to Fix the *assing ;ar-s for Bar Examinations from 1436 up to and including 14,,. Those who deemed to have
passed b% virtue of the R' shall be allowed to ta-e and subscribe the corresponding oath of office as member of the
*hilippine Bar.
GBBECT/.EH to admit to the bar those candidates who suffered from insufficienc% of reading materials and inade<uate
preparation.
/ssue 5DG"7
R' 47+ is constitutional.
Re<uirement of legal profession
The public interest demands of legal profession ade<uate preparation and efficienc% precisel% more so as legal problem
evolved b% the times become more difficult. 'n ade<uate legal preparations one of the vital re<uisites for the practice of law
that should be developed constantl% and maintained firml%. To the legal profession is entrusted the protection of propert%
life honor and civil liberties.
'dmission to the practice of law
The admission suspension disbarment and reinstatement of attorne%s at law in the practice of the profession their
supervision have been indisputabl% a &udicial function and responsibilit%.
Role of Congress
;a% repeal alter and supplement the rules promulgated b% the Court but the authorit% and responsibilit% over the
admission suspension disbarment and reinstatement of attorne%s at law and their supervision remain vested in the 2C.
(iscussion of the issue
The law is contrar% to public interest because it <ualifies 1E43 law graduates who confessedl% had inade<uate preparation
for the practice of the profession. To approve officiall% of those inade<uatel% prepared individual to dedicate themselves to
such a delicate mission is to create a serious social danger. /n decreeing that bar candidates who obtained in the bar exams of
1436 to 14,+ a general average of 7E\...be admitted in mass to the practice of law the disputed law is not a legislationA it is
a &udgment revo-ing those promulgated b% the Court during the aforecited %ear affecting the bar candidates concerned.
'lthough the Court can certainl% revo-e these &udgments it is no less certain that onl% the Court and not the legislative 5b%
virtue of R'7 or executive 5EG7 department ma% do so. Gtherwise it will be a usurpation of functions.
Resolution
The R' is partl% unconstitutional and constitutional the latter being caused b% lac- of unanimit% among
the presiding &ustices.
3otes in class
' law enacted in 14,8 5/t revo-ed the &udgments the 2C has made before as regards the law%ers the%
have admitted7 applied retroactivel% will in effect give the Congress the power that should have been
vested solel% in the &udiciar%H violates separation of powers.
!guirre v. Rana% $ar ?atter 3o. 1'(*% 4une 1'% 2''(
Fast facts
Edwin Rana 5resp7 was among those who passed the +EEE bar exams. >e was about to ta-e his oath when a petition was
filed against him re<uesting for the denial of his admission to the bar. *ending decision for the charges filed against him he
was allowed to ta-e his oath but was en&oined from signing in the roll of attorne%s until &udgment has finall% been rendered.
Contentions cFo 'guirre 5pet7
N Rana is guilt% of unauthori)ed practice of law grave misconduct violation of law and grave misrepresentation
N Rana appeared as counsel for a candidate in the ;a% +EE1 elections before the ;BEC of ;andaon ;asbate
N Rana represented himself as counsel for and behalf of .ice ;a%oralt% candidate @eorge Bunan and signed the pleading as
Counsel for Bunan.
*ractice of law
'n% activit% in or out of court which re<uires the application of law legal procedure -nowledge training and experience.
To engage in the practice of law is to perform acts which are usuall% performed b% members of the legal profession.
@enerall% to practice law is to render an% -ind of service which re<uires the use of legal -nowledge or s-ill.
Re<uisites for the admittance to the practice
/t is not enough that a candidate passes the bar exams. *assing the bar is not the onl% <ualification to become an attorne%CatC
law. /t is the signing in the Roll that finall% ma-es one a fullCfledged law%er. Effectivel% there are two 5+7 re<uisites after
the passing of the bar examsH 517 ta-ing oath and 5+7 signing in the Roll.
>eld M Ratio
Rana is denied admission to the *hilippine Bar. 'ffirmed findings of GBC. GBC found Rana to be guilt% of misconduct. >is
behavior casts serious doubt on his moral fitness to be a member of the Bar. RanaJs unauthori)ed practice of law is a
sufficient ground to den% his admission to the practice of law. /t was proven that he represented himself as counsel even
before he had ta-en his oath.
9. /ntegration of the Bar
HHHHPlease read the notes given by tty. ngeles for the topics of admission to the
practice of law and "ntegration of the 1ar
/n re H Edillon 93 2CR' ,,3 514797
Fast facts
;arcial Edillon is sub&ect to an action for his name to be removed from the Roll of 'ttorne%s.
Contentions cFo /B*
Edillon should be disbarred and whose name should be stric-en out of the Roll because of stubborn refusal to pa% his
membership dues to the /B*.
2ection +3 'rticle 8 /B* B%Claws
*rovides among others that continued delin<uenc% in pa%ment of the fees shall authori)e the /B* to resort to all appropriate
actions including a recommendation to the 2C for the removal of the delin<uent memberJs name from the Roll.
2ection 1E Court Rule
*rovides among others that the effect of the nonpa%ment of dues shall warrant suspension of membership in the /B* and
continued default for one %ear shall be a ground for removal of the name of the delin<uent from the Roll.
Contention cFo Edillon
The abovementioned provisions in the /B* b%Claws and Court Rule are null and void as the% are violative of his right to
freedom of association. >e is being deprived of the rights to libert% and propert% guaranteed
to him b% the Constitution.
/n reH *etition for the /B* Roman G)aeta
The integration of the *hilippine Bar is perfectl% constitutional and legall% unob&ectionable.
/ntegrated Bar and /ntegration of the bar
/ntegration of the bar is a process b% which ever% member of the Bar is afforded an opportunit% to do his share in carr%ing
out the ob&ectives of the Bar as well as obliged to bear his portion of its responsibilities. 'n integrated Bar is an official
national bod% of which all law%ers are re<uired to be members. The% are therefore sub&ect to all the rules prescribed for the
governance of the Bar. Created b% the 2C as the regulator of the practice of law.
/ntegration provides an official national organi)ation for the wellCdefined but unorgani)ed and incohesive group of which
ever% law%er is alread% a member.
Reason for the collection of fees
/n order to further the 2tateJs legitimate interest in elevating the <ualit% of professional legal services.
>eld M Ratio
Gn EdillonJs name and the Roll. Edillon is barred and his name is removed from the Roll. /ntegration of the Bar in the
*hilippines is valid as there is a power expressl% vested in the 2C b% the Constitution. The 2C has the plenar% power over all
cases regarding the admission to and supervision of the practice of law. 'll legislation directing the integration of the Bar
has been uniforml% and universall% sustained as a valid exercise of the police power over an important profession. The
practice of law being clothed with public interest the holder of this privilege must submit to a degree of control for the
common good to the extent of the interest he has created.
Gn EdillonJs constitutional right of freedom to association. To compel a law%er to be a member of the /B* is not violative
his constitutional right to associate. /ntegration does not ma-e a law%er a member of an% group of which he is not alread% a
member.
<n re ; <$P 8lections $ar ?atter 3o. ,)1 +Cctober *% 1)8)-
Fast facts
There were 8 candidates for the position of /B* *resident in 1494H 'ttorne%s "ereo *aculdo Ramon "isce and .ioleta
(rilon. (rilon won the elections. >owever there were allegations that the candidates resorted to unorthodox campaigning
practices that further investigation was conducted.
/B*
The /B* shall be nonCpolitical in character and that there shall be no lobb%ing nor campaigning in the choice of members of
the Board of @overnors and of the >ouse of (elegates and of the /B* officers national or regional or chapter.
Resolution
Elections of 1494 are null and void. 'll the practices those which pertain to the campaign of the 8 candidates proving to be
overl% extravagant and unreasonable made a political circus of the proceedings
and tainted the whole elections process.
/n addition the Court amended the b%Claws of the /B*. The changes included among others the shift of the voter
participation in the elections from all the delegates of the /B* per region to simpl% the members of the Board of @overnors.
The Court has power to amend the b%Claws as part of their power to promulgate rules under 'rticle 9 2ection ,5,7.
) Legal !ssistance to the @nder.rivileged
. Re.ort on the 4udciary
(. Lower courts
a. 2ualifications and a..ointment
b. "enure
/e La Llana vs. !lba% 122 SCR! 2)1 +1)8(-
Fast facts
(e 0a 0lana was a Budge and was allegedl% affected b% B* 1+4. >e together with other colleagues filed an action to en&oin
the enactment of B* 1+4.
B* 1+4
'n 'ct Reorgani)ing the Budiciar% 'ppropriating Funds Therefor and for other *urposes=. B* 1+4 mandates that Bustices
and Budges of inferior courts from the Court of 'ppeals to municipal courts except the occupants of the 2andiganba%an and
the Court of Tax 'ppeals unless appointed to the inferior courts established b% such 'ct would be considered separated
from the Budiciar%. The purpose of this act is to promote expedienc% in decisions and avoid accumulation of pending cases.
/ssue 5DG"7
B* 1+4 is constitutional.
>eld M Ratio
The abolition of an office within the competence of a legitimate bod% if done in good faith suffers from no infirmit%. This
conclusion flows from the fundamental proposition that the legislature ma% abolish courts inferior to the 2C and therefore
ma% reorgani)e them territoriall% or otherwise thereb% necessitation new appointments and commissions. The Constitution
vests in the "ational 'ssembl% the power to define prescribe and apportion the &urisdiction of the various courts sub&ect to
certain limitations in the case of the 2C. There is no undue delegation of legislative power if the law is complete and
provides for a standard.
&. "he 4udicial and $ar Council
1. ' Budicial and Bar Council is hereb% created under the supervision of the 2upreme Court composed of the Chief
Bustice as ex officio Chairman the 2ecretar% of Bustice and a representative of the Congress as ex officio
;embers a representative of the /ntegrated Bar a professor of law a retired ;ember of the 2upreme Court and a
representative of the private sector.
+. The regular members of the Council shall be appointed b% the *resident for a term of four %ears with the consent of
the Commission on 'ppointments. Gf the ;embers first appointed the representative of the /ntegrated Bar shall
serve for four %ears the professor of law for three %ears the retired Bustice for two %ears and the representative of
the private sector for one %ear.
8. The Cler- of the 2upreme Court shall be the 2ecretar% ex officio of the Council and shall -eep a record of its
proceedings.
3. The regular ;embers of the Council shall receive such emoluments as ma% be determined b% the 2upreme Court.
The 2upreme Court shall provide in its annual budget the appropriations for the Council.
,. The Council shall have the principal function of reobserved b% all lower collegiate courts.
819officio ?embers;
1. Chief 4ustice as e19officio Chairman
2. Secretary of 4ustice
(. Re.resentatives of Congress
Regular ?embers
1. Re.resentatives of the <ntegrated $ar
2. Professor of Law
(. Retired member of the Su.reme Court
,. Re.resentatives of .rivate sectors
Secretary e19officio
1. ClerD of the Su.reme Court
*. !utomatic release of a..ro.riation for the 6udiciary