The Power of Augmentation

General Rule: No law shall be passed authorizing any transfer of appropriations. (Se. !"#"$% Art. &'% ()*+
,onstitution-
./eption: The President% the Senate President% the Spea0er of the 1ouse of Representati2es% the ,hief
3ustie% and the 1eads of ,onstitutional ,ommissions may% by law% be authorized to augment any item in
the general appropriations law for their respeti2e o4es from sa2ings in other items of their respeti2e
appropriations. (Se. "#"$% Art. &'% ()*+ ,onstitution-
,ross5border transfer of funds is not allowed. ./ample: Sa2ings from any of the e/euti2e o4es (li0e the
64e of the President- may not be transferred to augment appropriations for any of the ,onstitutional
,ommissions% li0e the ,ommission on Audit (,6A- or the ,i2il Ser2ie ,ommission (,S,-. This is 0nown as
the ross5border transfer of funds whih is prohibited.
This is one reason why the 7isbursement Aeleration Program (7AP- was delared unonstitutional by the
S,. There was an unauthorized ross5border transfer of funds.
The Right against Self5inrimination
'f an aused is already o2ered by an immunity statute% may he still 2alidly refuse to testify in2o0ing his
right against self5inrimination8
No. That is the 2ery purpose of an immunity statute 5 the aused is granted some 0ind of immunity in
e/hange for his testimony so that e2en if in the ourse of his testimony he might inriminate himself% no
harm an ome upon him anymore.
'mmunity statutes are of two types% i.e.% transational immunity and the use5and5deri2ati2e5 used immunity
9 but the :rst is broader in the sope of its protetion.
;y its grant% a witness an no longer be proseuted for any o<ense whatsoe2er arising out of the at or
transation. 'n ontrast% by the grant of use5and5deri2ati2e5use immunity% a witness is only assured that his
or her partiular testimony and e2idene deri2ed from it will not be used against him or her in a subse=uent
proseution.
'mmunity statutes should be onstrued liberally in fa2or of the aused and stritly against the state as it is
not a bonanza from the go2ernment. Those who ha2e been granted immunity paid a high prie for it 9 the
surrender of their preious right to remain silent. (>apa% 3r. 2. Sandiganbayan% !?( S,RA +*?% ())@% .n ;an
#Puno$-
The 7otrine of 62erbreadth
Ander the o2erbreadth dotrine% a proper go2ernmental purpose% onstitutionally subBet to state
regulation% may not be ahie2ed by means that unneessarily sweep its subBet broadly% thereby in2ading
the area of proteted freedoms.
Should the pro2ision of the ,yberrime Pre2ention At of !C(! (R.A. (C(+"- penalizing 7ata 'nterferene
(the intentional or re0less alteration% damaging% deletion or deterioration of omputer data% eletroni
doument% or eletroni data message% without right% inluding the introdution or transmission of 2iruses-
be delared unonstitutional applying the o2erbreadth dotrine% as it intrudes into the area of proteted
speeh and e/pression% reating a hilling and deterrent e<et on these guaranteed freedoms8
No. The pro2ision does not enroah on these freedoms at all. 't simply punishes what essentially is a form
of 2andalism% the at of willfully destroying without right the things that belong to others% in this ase their
omputer data% eletroni doument% or eletroni data message. Suh at has no onnetion to guaranteed
freedoms. There is no freedom to destroy other peopleDs omputer systems and pri2ate douments.
All penal laws% li0e the yberrime law% ha2e an inherent hilling e<et% an in terrorem e<et or the fear of
possible proseution that hangs on the heads of itizens who are minded to step beyond the boundaries of
what is proper. ;ut to pre2ent the State from legislating riminal laws beause they instill suh 0ind of fear
is to render the State powerless in addressing and penalizing soially harmful ondut. 1ere% the hilling
e<et that results in paralysis is an illusion sine the pro2ision learly desribes the e2il that it see0s to
punish and reates no tendeny to intimidate the free e/erise of oneDs onstitutional rights.
;esides% the o2erbreadth dotrine plaes on petitioners the hea2y burden of pro2ing that under no set of
irumstanes will the pro2ision will be 2alid. (7isini% 3r.% et al. 2. The Seretary of 3ustie% G.R. No. !C???"%
Eeb. ((% !C(@% .n ;an #Abad$-
The Strit Srutiny Standard
The ,ourt has found the strit srutiny standard% an Amerian onstitutional onstrut% useful in
determining the onstitutionality of laws that tend to target a lass of things or persons. Aording to this
standard% a legislati2e lassi:ation that impermissibly interferes with the e/erise of fundamental rights or
operates to the peuliar lass disad2antage of a suspet lass s presumed unonstitutional. The burden is
on the go2ernment to pro2e that the lassi:ation is neessary to ahie2e a ompelling state interest and
that it is the least restriti2e means to protet suh interest. Fater% the strit srutiny standard was used to
assess the 2alidity of laws dealing with the regulation of speeh% gender% or rae as well as others
fundamental rights% as e/pansion from its earlier appliations to e=ual protetion. (7isini% 3r.% et al. 2. The
Seretary of 3ustie% G.R. No. !C???"% Eeb. ((% !C(@% .n ;an #Abad$-
Erom the abo2e% it is lear that the strit srutiny standard is employed by the ,ourt to test the 2alidity of
laws that are alleged to ha2e 2iolated the e=ual protetion lause guaranteed by the ;ill of Right 9 although
later its appliation was e/panded to apply as well to assess the 2alidity of laws dealing with the regulation
of speeh% gender% or rae as well as other fundamental rights.
'n the 7isini ase ited abo2e (in2ol2ing the hallenge to the pro2ision of the ,yberrime Pre2ention At of
!C(! #R.A (C(+"$ penalizing illegal aess to omputer systems-% the ,ourt did not apply this standard
sine no fundamental freedom li0e speeh is in2ol2ed in punishing what is essentially a ondemnable at 9
aessing the omputer system of another without right.
'n that same ase% the ,ourt has an oasion to larify also that the ,yberrime law will not Beopardize the
wor0 of ethial ha0ers (those who employ tools and tehni=ues used by riminal ha0ers but would neither
damage the target systems nor stealG information-.
55555
Hhat is a Iget out of Bail free ard8J
't is a stipulation in an agreement between a lient and an ethial ha0er de:ning the e/tent of the searh%
the methods to be used% and the system to be tested by the latter. (7isini% 3r.% et al. 2. The Seretary of
3ustie% G.R. No. !C???"% Eeb. ((% !C(@% .n ;an #Abad$-
The Rule5>a0ing Power of the Supreme ,ourt (Se. "#"$% Art. &'''% ()*+ ,onstitution-
Among the powers of the Supreme ,ourt is the power to promulgate rules onerning the protetion and
enforement of onstitutional rights% pleading% pratie% and proedure in all ourts% admission to the
pratie of law% the integrated bar% and legal assistane to the underpri2ileged.
,onsidering that the GS'S% under its ,harter (Se. ?) of RA *!)(-% is e/empt from Iall ta/es% assessments%
fees% harges or duties of all 0inds%J is it also e/empt from the payment of legal fees8
No. The pro2ision in its ,harter e/empting the GS'S from all ta/es% assessments% fees% harges or duties of
all 0inds annot operate to e/empt it from the payment of legal fees. This was beause% unli0e the ()?" and
()+? ,onstitutions% whih empowered ,ongress to repeal% alter or supplement the rules of the Supreme
,ourt onerning pleading% pratie and proedure% the ()*+ ,onstitution remo2ed this power from
,ongress. 1ene% the Supreme ,ourt now has the sole authority to promulgate rules onerning pleading%
pratie and proedure in all ourts. Any e/emption from the payment of legal fees granted by the
,ongress to go2ernment5owned or ontrolled orporations (G6,,s- and loal go2ernment units (FGAs- will
neessarily redue the 3udiiary 7e2elopment Eund (37E- and the SA3E. Andoubtedly% suh situation is
onstitutionally in:rm for it impairs the ,ourtDs guaranteed :sal autonomy and erodes its independene.
(GS'S 2. 1eirs of Eernando P. ,aballero% K?! S,RA " #!C(C$-
7otrine of State 'mmunity from Suit
Hhen is a suit against a publi o4er deemed to be a suit against the State itself and% therefore% should be
dismissed in2o0ing State immunity from suit8
General Rule: The 7otrine of State 'mmunity from Suit applies to omplaints :led against publi o4ers in
the performane of their duties. This is beause% in suh a ase% the publi o4er merely ats as an agent
of the State and. Therefore% his ats are deemed to be the ats of the prinipal itself% the State% following
the priniple of ageny.
./eptions: This rule will not apply if the publi o4er is harged in his o4ial apaity for ats that are
unlawful and inBurious of the rights of others. Publi o4ers are not e/empt in their personal apaity from
liability arising from ats ommitted in bad faith.
Neither does the rule apply where the publi o4er is harged in his personal apaity% not in his o4ial
apaity% although the at omplained of was ommitted while he oupied a publi position. (Fansang 2.
,A-
Prohibition against the Payment of Additional% 7ouble or 'ndiret ,ompensation
Se. *% Art. 'L5; of the ()*+ ,onstitution pro2ides that no eleti2e or appointi2e publi o4er or employee
shall reei2e additional% double or indiret ompensation% unless spei:ally authorized by law% nor aept
without the onsent of the ,ongress% any present% emolument% o4e or title of any 0ind from any foreign
go2ernment.
Pensions and gratuities shall not be onsidered as additional% double or indiret ompensation.
7oes the payment of monthly Representation and Transportation Allowane (RATA- to ertain o4ers of
Go2ernment56wned or ,ontrolled ,orporations (G6,,s- onstitute additional% double or indiret
ompensation prohibited by the ,onstitution8
No. RATA is distint from salary as a form of ompensation. Anli0e salary whih is paid for ser2ies rendered%
RATA is a form of allowane intended to defray e/penses deemed una2oidable in the disharge of o4e.
1ene% RATA is paid only to ertain o4ials who% by the nature of their o4es% inur representation and
transportation e/penses. 'ndeed% aside from the RATA that they ha2e been reei2ing% the grant of RATA for
e2ery board meeting they attended% in their apaity as members of the ;oard of 7iretors of the G6,,% in
addition to their per diems% does not 2iolate the onstitutional prosription against double ompensation
(Singson 2. ,6A% K!+ S,RA ?K #!C(C$-
Republi At )(*) (The Absentee &oters At of !CC?-
Ander this law% o2erseas Eilipinos% permanent residents in a foreign ountry% may be allowed to register and
2ote before our embassies and onsulates abroad% for President% &ie President% Senators% and Party5list
Representati2es pro2ided that% before they register% they will ha2e to e/eute an a4da2it stating therein
that within ? years after suh registration% they will return to the Philippines and resume their residene in
the ountry.
'n >a0alintal 2 ,omele% the ,ourt held that this is now the e/eption to the residene =uali:ation of a
2oter under Setion (% Artile & (Su<rage- of the ()*+ ,onstitution. There is a lear intent on the part of the
framers of the ()*+ ,onstitution to enfranhise as many o2erseas Eilipinos in reognition of their
tremendous ontributions to the national eonomy. 't is but fair that their 2oies should be heard on who
should be our leaders.
The Publi Assembly At (;P **C-
't is the law that regulates the holding of rallies% demonstrations and publi assemblies. 6b2iously% it is
enated pursuant to the polie power of the state. Ander this law% if one will hold a rally or publi assembly%
one must :rst seure permit from the loal authorities. 1owe2er% there are instanes when one may hold a
rally without permit from the loal authorities% as:
'f the rally is to be held in a pri2ate plae (only onsent of the owner is needed-G
'f the rally is to be held in the ampus of a state uni2ersity or ollegeG and
'f the rally is to be held in a freedom par0. Eor this matter all ities and muniipalities are mandated to
establishMdesignate a freedom par0 where one may hold a rally e2en without permit from the loal
authorities.
Politial rallies during the ampaign period are go2erned by the 6mnibus .letion ,ode (;P **(-% not the
Publi Assembly At.
Ander ;P **C% if within @* hours from the appliation of a permit to hold a rally% no aton was ta0en by the
loal authorities% the permit is deemed granted.
'f the loal authority refuses to issue the permit% or if he wants to hange the 2enue% he is re=uired to state
the reason for suh refusal% or hange of 2enue% to the appliant. The only ground for the loal authority to
2alidly refuse to issue the permit% or hange the 2enue% is that there is a lear and present danger of a
substanti2e e2il that the state has the right or duty to pre2ent or suppress if the permit is to be granted%
suh as imminent publi disorder or 2iolene.
;e reminded that any at of go2ernment that tends to impair publi assembly% freedom of e/pression and
other fundamental freedoms% omes to the ,ourt with a hea2y presumption of unonstitutionality. 'n Reyes
2 ;agatsing% the ,ourt held that it is not for the appliant to guarantee that the rally will be peaeful% but
for the mayor who refuses to issue the permit to Bustify his refusal% as his at of refusal omes to the ourt
with a hea2y presumption of unonstitutionality.
The loal authority may not 2alidly refuse to issue the permit% or hange the 2enue of the rally% without
informing the appliant of the reason for the refusal to issue the permit or hange the 2enue of the rally. To
do so without informing the appliant% would onstitute gra2e abuse of disretion on his part. (';P 2 >ayor
Atienza-
;P **C is merely a ontent5neutral regulation. 't does not prohibit the holding of rallies or publi assembliesG
it merely regulates. (;ayan 2 ./e. Se. .rmita-
The ,alibrated Pre5empti2e Response (,PR- poliy adopted by the Arroyo administration in dealing with
rallies or publi assemblies whih% aording to ./e. Se. .rmita simply means the strit implementation of
the Nno permit% no rally rule%N is a superOuity if it means no more than Nma/imum toleraneN de:ned by ;P
**C% as it will only onfuse people. 1owe2er% if it means more than Nma/imum toleraneN as de:ned by ;P
**C% then it is unonstitutional% as it 2iolates freedom of e/pression. (;ayan 2 ./e. Se. .rmita-
N>a/imum toleraneN means the highest degree of restraint that the polie% the law enforement o4ers
and the military must obser2e in dealing with rallies or publi assemblies% or in the dispersals thereof% so
that under this rule% for as long as the demonstrators are unarmed or they do not e/hibit o2ert ats of
2iolene% although they tend to be unruly% or their speehes show to be inendiary% pro2oati2e%
inOammatory% that is not enough Busti:ation for the dispersal of the rally or for the arrest of the
demonstrators. 6b2iously the Publi Assembly At (;P **C- adheres to the lear and present danger rule.
3us ,ogens Norm (,ompelling law-
A peremptory (mandatory- norm of general international law whih is reognized and aepted by the
international ommunity of States as a norm that does not permit of any derogation% and whih an be
replaed or modi:ed only by a subse=uent norm of general international law of the same harater.
./amples: the prohibition against the use of fore under the AN harter% the law on genoide% the right to
self5determination of peoples.
Ander the &ienna ,on2ention on the Faw of Treaties% a treaty that 2iolates a 3us ,ogens norm should be
in2iolated.
.rga 6mnes 6bligation
An obligation of a state towards the international ommunity of states as a whole.
;etween an erga omnes obligation and the obligation of a state towards another state pursuant to a treaty%
an erga omnes obligation is superior.
6ne it is established that it is a Bus ogens norm% then it beomes an erga omnes obligation of a State.
./ample: The law on genoide is an established Bus ogens norm% therefore% it beomes an erga omnes
obligation of a State not to ommit genoide% or not to allow genoide to be ommitted anywhere.
These two are de2elopments in international law whih e2ol2ed only after Horld Har !. ThatPs why in the
ase of &inuya 2 ./e. Se. Romulo (the ase in2ol2ing the Nomfort womenN in the Philippines during Horld
Har !- the Supreme ,ourt did not agree that the duty of the State to espouse the laims of its national
against a foreign state has already e2ol2ed into a Bus ogens norm and therefore% has beome an erga
omnes obligation.
'n that same ruling% the ,ourt further lari:ed that e2en the 'nternational Faw ,ommission ('F,- onluded
in ()K? that there is not as yet any generally aepted riterion by whih to identify a general rule of
international law as ha2ing the harater of Bus ogens.
The Rome Statute
't is a multilateral treaty that establishedMreated the 'nternational ,riminal ,ourt (',,-. The Philippines is
the ((+th State that rati:ed this Rome Statute. 't is alled a statute beause it reated a tribunal% aording
to 7ean Raul Pangalangan of AP Faw.
The o<enses falling under the Burisdition of this ',, areG genoide% rimes against humanity% war rimes
and the rime of aggression.
The Priniple of ,omplementarity is an important priniple. 't states that the ',, shall be omplementary to
national riminal Burisdition. 't gi2es primay to national ourts% meaning to say that if the ourt of one
State already assumed Burisdition o2er a person aused of ha2ing ommitted any of the four o<enses% the
',, will no longer assume Burisdition. ./eptions: :rst% 'f the proeeding in the national ourt is onduted
to protet the aused from liabilityG or seond% if it is not onduted independently or impartially% in whih
ase% the ',, may still assume Burisdition.
Administrati2e 3urisidtion of the 6mbudsman:
Ander RA K++C (The 6mbudsman At of ()*)-% the 6mbudsman has administrati2e disiplinary authority
o2er all publi o4es and employees% whether eleti2e or appointi2e% national or loal% e/ept only with
respet to the impeahable o4ers% the members of ,ongress% and the members of the 3udiiary. 1ene% a
publi o4er may be harged administrati2ely before the 64e of the 6mbudsman.
Erom the deision of the 6mbudsman in an administrati2e ase% appeal goes to the ,ourt of Appeals.
Setion !+ of RA K++C pro2iding for diret appeal to the Supreme ourt from the deision of the
6mbudsman in an administrati2e ase had already been delared unonstitutional by the Supreme ,ourt.
(Eabian 2 6mbudsman 7esierto-
'n the e/erise of his administrati2e Burisdition% the 6mbudsman or his 7eputies may impose pre2enti2e
suspension. The ma/imum duration of the pre2enti2e suspension under RA K++C is K months.
The 6mbudsman has no authority whatsoe2er to impose pre2enti2e suspension in a riminal aseG only the
ourt where the riminal information was :led may impose pre2enti2e suspension in a riminal ase.
(Setion (?% RA ?C()% as amended-
Fimitation on the term of o4e of .leti2e Foal 64ials (Setion *% Artile L% ()*+ ,onstitution-.
The term of o4e of loal eleti2e o4ials% e/ept barangay o4ials whih shall be determined by law%
shall be ? years and no suh o4ial shall ser2e for more than ? onseuti2e terms. Renuniation of o4e
for any length of time shall not be onsidered an interruption in the ontinuity of the ser2ie for the full
term for whih he was eleted.
Eor this pro2ision to apply% ! onditions must onur: :rst% that the loal o4ial onerned must ha2e been
eleted for ? onseuti2e terms to the same o4e% and seond% that he was able to fully ser2e ?
onseuti2e terms. Absent ( or both of these onditions% the dis=uali:ation may not yet apply. (;orBa Br. 2
,omele-
There are ! poliies embodied in this ,onstitutional pro2ision: :rst% to pre2ent the establishment of politial
dynasties and% seond% to enhane the freedom of hoie of the people. (;orBa Br. 2 ,omele-
Ser2ie of the reall term% sine it is less than ? years% is not to be onsidered as one full term for the
purpose of applying the dis=uali:ation under Setion *% Artile L of the ()*+ ,onstitution. (>endoza 2
,omele% 7eember (+% !CC!-
To onstitute an interruption in the ontinuity of ser2ie it must in2ol2e loss of title to the o4eG mere
inability to perform the funtions appurtenant to the o4e howe2er short% is not an interruption. Hhen one
is plaed under pre2enti2e suspension% he still remains to be mayor although in the meantime he may not
be able to perform the funtions appurtenant to the o4e beause of a legal prohibition% thus% he still
remains to be mayorG hene the 2ie mayor will assume o4e not as mayor but merely as ating mayor.
There is no interruption of his term as mayor. (Aldo2ino Br. 2 ,omele-
Hhen during his !nd term as 0agawad% sangguniang bayan% he assumed o4e as 2ie mayor due to the
retirement of the 2ie mayor% that is not e=ui2alent to 2oluntary renuniation of o4e and therefore
onstitutes an interruption in the ontinuity of ser2ie as 0agawad% sangguniang bayan% that made him
=uali:ed to run again as 0agawad% sangguniang bayan% for the fourth time. (>ontebon 2 ,omele-
Reent issue: The President is re=uesting for emergeny powers to address the aute power shortage that
the ountry may e/periene in the oming years.
,onstitutional pro2ision to onsider (Setion !? (!-% Artile &'% ()*+ ,onstitution-
,omment on the pro2ision: The President may not 2alidly e/erise emergeny powers motu proprio. There
must be a law enated by ,ongress authorizing the President to e/erise emergeny powers.
Re=uisites for ,ongress to 2alidly delegate emergeny powers to the President:
(. There must be war or other national emergenyG
!. The delegation must be for a limited period onlyG
?. 't is always subBet to suh restritions as ,ongress may presribeG and
@. 't must be pursuant to a delared national poliy.
'f ,ongress will delegate emergeny power to the President% a law is re=uired for the purpose. 1owe2er% if
,ongress would li0e to withdraw or re2o0e the delegated emergeny power to the President% another law is
no longer re=uiredG a mere resolution from ,ongress will su4e.
The .P'RA law ob2iously has limited appliation whih deals with the regulation of the eletri power
industry. Qou must be referring to Setion +( of the .P'RA law whih will re=uire Boint ongressional
resolution to establish additional supply of eletri power. Hhat the President is re=uesting here is
emergeny power in general go2erned by Setion !? (!-% Artile &' of the ()*+ ,onstitution.
' 5 Two 2iews on the e<et of delaration of unonstitutionality of a law:
(. 6rthodo/ 2iew 5 An unonstitutional law is no law at all. 't reates no o4e% it reates no rights% it reates
no obligation% it is not a soure of protetion. 't is stri0en out of the statute boo0s.
't is treated as if it was ne2er enated at all.
!. >odern 2iew (6perati2e Eat dotrine- 5 An unonstitutional law is not stri0en out of the statute boo0s. 't
remains there but the ourt refuses to reognize it. This is beause% before it is delared unonstitutional% it
enBoys the presumption of onstitutionality. At that time% there may be parties who relied on the pro2isions
of that law. As to them it remains to be 2alid. This is an operati2e fat that annot be denied. ;eause of
this% the delaration of unonstitutionality is not gi2en retroati2e e<et. 't is always gi2en prospeti2e
appliation.
'' 5 Re=uisites before foreign military bases% troops% or failities may be allowed in the Philippines (Setion
!"% Artile L&'''% ()*+ ,onstitution- li0e the &isiting Eores Agreement (&EA- with the AS.
General Rule: No foreign military bases% troops% or failities may be allowed in the Philippines.
./eption: They may be allowed pro2ided that:
(. There must be a treaty duly onurred in by the SenateG
!. Hhen ,ongress so re=uires% the treaty must be rati:ed by maBority of the 2otes ast by the people in a
national referendum held for that purposeG and
?. The treaty must be reognized also as a treaty by the other ontrating State.
Setion !"% Artile L&'''% ()*+ ,onstitution% is a speial pro2ision that applies to treaties in2ol2ing the
presene of foreign military bases% troops% or failities in the Philippines% li0e the &EA. Hhereas Setion !(%
Artile &''% ()*+ ,onstitution% is a general pro2ision that applies to all 0inds of treaties entered into by the
Philippines% regardless of subBet matter% title or designation. (;ayan 2. Ramora-
All N;ali0atanN ./erises held in se2eral parts of the Philippines are held under the auspies of the &EA.